Hr and Citzenship

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HUMAN RIGHTS AND CITZENSHIP (PPT)

FOR SUMMER IN SERVICE STUDENTS (TITORIAL CLASS)

YEAR III, CIVICS AND ETHICS

Prepared by: Solomon G/yohnas

Department of Civic and ethical studies

College of Law and governance

Mekele University


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C CONTENT OUTLINE CONTD.


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L & M RIGHTS CONTD

Legal rights are not subject to dispute as moral

rights are

Legal rights are not violated both by the stateand individuals in a democratic society where

as moral rights may be violated

HR are originated from moral rights and hence

they are best expressed as moral than legal

But for moral rights to be HR they need to be

recognized by the state and codified in to a law


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THE MEANING/DEF/CONC OF HR

Human Rights (HR) are the rights that all people have by

virtue of being human beings regardless of their

identity/status

HR are commonly understood as inalienable

fundamental rights to which a person is inherently

entitled simply because she or he is a human being.

HR arederived from the inherentdignityof the humanperson and are defined internationally, nationally and

locally by various law making bodies


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THE MEANING OF HR CONTD

Human rights are commonly understood as being those rightswhich are inherent in the mere fact of being human. The

concept of human rights is based on the belief that every

human being is entitled to enjoy her/his rights without

discrimination. Human rights differ from other rights in two

respects. Firstly, they are characterised by being:

Inherent in all human beings by virtue of their humanity alone (they do not

have, e.g., to be purchased or to be granted);

Inalienable (within qualified legal boundaries); and

Equally applicable (universal) to all regardless of the persons identity and

stutus .

Secondly, the main duties deriving from human rights fall on states andtheir authorities or agents, not on individuals. And thus human rights must

themselves be protected by law (the rule of law).


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M MEANING OF HR CONTD

HR are basic rights entitled to human beings

The idea ofbasic rights originated from the need to protect the

individual against the (arbitrary) use of state power.

Attention was therefore initially focused on those rights which

oblige governments to refrain from (negative obligation) certainactions. Human rights in this category are generally referred to

as fundamental freedoms

Such fundamental freedoms are eqauly entitled to all HB and

thus equality and non-descrmination are the founding stoneof HR

HR are essential precondition for human development

Thus they have a bearning on relations both between the

individual and the state, and between individuals themselves


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THE MEANING

The individual-state relationship is known as the vertical effect ofhuman rights:

The individual-individual relationship is known as the horizontal

effect of human rights

The horizontal effect implies, among other things, that a

government not only has an obligation to refrain from violating

human rights, but also has a duty to protect the individual from

infringements by other individuals.

The right to life thus means that the government must strive to

protect people against homicide by their fellow human beings. Similarly, Article 17(1) and (2) of the ICCPRobliges governments to

protect individuals against unlawful interference with their privacy.

Another typical example is the Convention of the Elimination of All

Forms of Racial Discrimination (CERD), which obliges states to


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BRIEF HITSTORY OF HR

The origins of human rights may be found both in Greek

philosophy and the various world religions

Antiquity

Code of HammurabiRights of Athenian citizens

Medieval

Magna Carta (1215)

Sir Thomas Aquinas theory of natural rights (13th

Century


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BRIEF HISTORY CONTD

Enlightenment English Declaration of the Rights of Man (1689)

U.S. Declaration of Independence (1776)

French Declaration of the Rights of Man and of the Citizen

(1789)

United States Constitution and Bill of Rights (1789)

Early Developments (cont.)

International Committee for the Red Cross (1863)

Geneva Convention (1864)

Hague Conventions (1899 and 1907)

League of Nations and the International Labor Organization

(1919)


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BRIEF HISTRY CONTD.

Aftermath of World War II

Roosevelts Four Freedoms Speech

(January 6, 1941): freedom of speech, religion and

freedom from want and fear

The Atlantic Charter Between the United States and

Great Britain (August 14, 1941)

The Nuremberg and Tokyo TribunalsCreation of the United Nations (1945)


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MODERN PROTECTION

OF INTERNATIONAL HUMAN RIGHTS.

The Preamble to the United Nations Charter states that the

Peoples of the United Nations are determined to reaffirm

faith in fundamental human rights, in the dignity and worth of

the human person, in the equal rights of men and women andof nations large and small.

In 1948, the UN General Assembly adopted the Universal

Declaration of Human Rights.

This declaration changed the concern of how governments

treats their citizens from local to international


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UNDH CON TD

The influence of the UDHR has been substantial

Its major principles have been incorporated in to most the UN

member states

However, the UDHR is not legally binding, it is simply arecommendation

The Declaration enumerates civil, political, economic, social,

and cultural rights, but the Declaration contains no provisions

for monitoring or enforcement.


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Introduction content

contd.

With the goal of establishing mechanisms forenforcing the UDHR, the UN Commission on

Human Rights proceeded to draft twotrea

ties:

The Covenant on Civil and Political Rights

The Covenant on Economic, Social and Cultural Rights,

The CCPR and CESCR together with the UDHR, are nowknown as the International Bill of Human Rights


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THE ICCPR CONTD

The ICCPR: Prohibits discrimination on the basis of race, color, sex,

language, religion, political or other opinion, national or socialorigin, property, birth or other status without regard tocitizenship

Prohibits torture and cruel, inhuman or degrading treatment orpunishment (personal integrity)

Prohibits slavery

Limits the death penalty (in countries that still allow it) to the

most serious crimes committed by persons over 18 Prohibits arbitrary arrest or detention

Protects freedom of movement and residence

Protects the right to trial, presumption of innocence, right to alawyer, right to an appeal, freedom from self-incrimination, and

freedom from double jeopardy


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ICCPR CONTD

Protects freedom of opinion and expression

Protects freedom of association and assembly

Public emergency exception (but no torture, executions, orslavery is ever permissible)


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BPR ICESCR

Right to work and make a decent living for themselves andtheir families

Safe and healthy working conditions

Right to form trade unions with the right to strike

Right of everyone to Social Security, including social insurancewidest possible protection and assistance should be accorded

to the family, which is the natural and fundamental group unit

of society

Right to adequate food, clothing and housing and to the

continuous improvement of living conditions

Right to education

Right to heath care

Economic rights are subject to each countys ability to provide

such rights progressively as its resources permit


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MODERN PROTECTION CONTD.

In addition to the International Bill of Human Rights,the United Nations has drafted and promulgated over80 human rights instruments:

genocide

racial discrimination

discrimination against women

Refugee protection

torture

the rights of disabled persons the rights of the child


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UN HUMAN RIGHTS BODIES.

Security Council General Assembly

Economic and Social Council

Commission on Human Rights

Subcommission on the Promotion and Protection of HumanRights

Commission on the Status of Women

Commission on Crime Prevention and Criminal Justice

International Court of Justice

International Criminal Court

Office of the High Commissioner for Human Rights (created by

the General Assembly in 1993)


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UN HR TREATY MONITORING BODIES.

Human Rights Committee

Committee on the Elimination of All Forms of Racial

Discrimination

Committee on the Elimination of Discrimination Against

Women

Committee Against Torture

Committee on the Rights of the Child

Committee on Economic Social and Cultural Rights


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CHAPTER TWO: THEORIES OF HUMAN RIGHTS

2.1. The Philosophical Background of Human Rights2.1.1. Aristotle and the Stoics

The origins and development of the theory of human rights is

inextricably tied to the development of moral universalism

The essential prerequisites for a defense of human rights alsoinclude a conception of the individual as the bearer of certain

natural rights and a particular view of the inherent and equal

moral worth of each rational individual

Human rights rest upon moral universalism and the belief in

the existence of a truly universal moral community comprising

all human beings.

Moral universalism posits the existence of rationally identifiable

trans-cultural and trans-historical moral truths


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THEORIES CONTD In distinguishing between natural justice and legal justice,

Aristotle writes, the natural is that which has the same validity

everywhere and does not depend upon acceptance

The criteria for determining a truly rational system of justice

pre-exist social and historical conventions. Natural justice pre-

exists specific social and political configurations Similarly the Roman Stoics, such as Cicero and Seneca, were

arguing that morality originated in the rational will of God and

the existence of a cosmic city from which one could discern a

natural, moral law whose authority transcended all local legalcodes. The Stoics argued that this ethically universal code

imposed upon all of us a duty to obey the will of God.

The belief in the existence of a universal moral community was

maintained in Europe by Christianity over the subsequent

centuries


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. THEORIES CONTD.

While some have discern intimations towards the notion of rightsin the writings of Aristotle, the Stoics, and Christian theologians, a

concept of rights approximating that of the contemporary idea of

human rights most clearly emerges during the 17th and 18th

centuries in Europe and the so-called doctrine ofnatural law.


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THEORIES CONTD.

JOHN LOCKE AND THE NATURAL LAW

The source of natural law: Natural moral code

Natural law was deemed to pre-exist actual social and political

systems. Natural rights were thereby similarly presented as

rights individuals possessed independently of society or polity

Natural rights were thereby presented as ultimately validirrespective of whether they had achieved the recognition of

any given political ruler or assembly

The typical exponent of this position was the 17th. Century

philosopher John Locke

At the centre of Lockes argument is the claim that individuals

possess natural rights, independently of the political

recognition granted them by the state

Locke argued that natural rights flowed from natural law.

Natural law originated from God


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Locke contd.

What is the need for establishing the state? Locke argues thatit is to protect and promote of individuals natural rights

Locke went further to argue that individuals are morally

justified in taking up arms against their government should it

systematically and deliberately fail in its duty to secureindividuals possession of natural rights.


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Theories contd.

Immanuel Kant and the justification for Human rights

Kants moral philosophy begins with an attempt to correctly identify

those principles of reasoning that can be applied equally to all

rational persons, irrespective of their own specific desires or partial

interests According to Kant doing the right thing is thus not determined

by acting in pursuit of ones own interests or desires, but acting

in accordance with a maxim which all rational individuals are

bound to accept. Kant terms this the categorical imperative,which he formulates in the following terms, act only on that

maxim through which you can at the same time will that it

should become a universal law


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Theories- Kant contd.

For Kant, the capacity for the exercise of reason is thedistinguishing characteristic of humanity and the basis for

justifying human dignity

Human rights are rights we give to ourselves, as autonomous

and formally equal beings


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Legalizing HR

Though one could argue that the conceptual prerequisites for

the defence of human rights had long been in place, a full

Declaration of the doctrine of human rights only finally

occurred during the 20th Century and only in response to the

most atrocious violations of human rights, exemplified by the

Holocaust. The Universal Declaration of Human Rights (UDHR)

was adopted by the UN General Assembly on 10th. December

1948 and was explicitly motivated to prevent the future

occurrence of any similar atrocities. The Declaration itself goesfar beyond any mere attempt to reassert all individuals

possession of the right to life as a fundamental and inalienable

human right.


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LEGALIZING HR CONTD

The UDHR has been further supplemented by such documentsas the European Convention for the Protection of Human Rights

and Fundamental Freedoms (1953) and the International

Covenant on Economic, Social and Cultural Rights (1966). The

specific aspirations contained within these three documents

have themselves been reinforced by innumerable other

Declarations and Conventions. Taken together these various

Declarations, conventions and covenants comprise the

contemporary human rights doctrine and embody both the

belief in the existence of a universally valid moral order and abelief in all human beings possession of fundamental and

equal moral status, enshrined within the concept of human

rights

NB: the contemporary doctrine of human rights, is not a mere

expression the concept of natural rights


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DIFFERENCE B/N NATURAL AND HR

James Nickel (1987: 8-10) identifies three specific ways inwhich the contemporary concept of human rights differs from,

and goes beyond that of natural rights.

1. contemporary human rights are far more concerned to view

the realization of equality as requiring positive action by the

state, via the provision of welfare assistance RATHER THAN

viewing equality in formalistic terms, as principally requiring

the state to refrain from interfering in individuals lives

2. whereas advocates of natural rights tended to conceive of

human beings as mere individuals, veritable islands untothemselves, advocates of contemporary human rights are far

more willing to recognize the importance of family and

community in individuals lives


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PHILISOPHICAL JUSTFICATION OF HR

Whey do we need to recognize, respect and protect HR? There are two philosophical approaches: the interest and will

theory approach

Advocates of the interests theory approach argue that the

principal function of human rights is to protect and promote

certain essential human interests. Securing human beings

essential interests is the principal ground upon which human

rights may be morally justified. The interests approach is thus

primarily concerned to identify the social and biological

prerequisites for human beings leading a minimally good life. The universality of human rights is grounded in what are

considered to be some basic, indispensable, attributes for

human well-being, which all of us are deemed necessarily to

share


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Criticisms to HR contd

NB: all principles of HR are not necessarily relative to aspecific cultural locality: thus there are always universal

valueas universally shared

At its worst, the doctrine of moral relativism may be being

deployed in an attempt to illegitimately justify oppressivepolitical systems

However, human rights should no longer be accused of being

culture-blind.


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Criticism of HR contd

B. Epistemological criticisms of human rights The second most important contemporary philosophical form of

human rights criticism challenges the presumed objective

basis of human rights as moral rights.

b/C according to epistemologists moral principles andconcepts are inherently subjective in character

On this view moral beliefs do not emanate from a correct

determination of a rationally purposive will, or even gaining

insight into the will of some divine being. Rather, moral beliefs

are fundamentally expressions of individuals partial

preferences. This position therefore rejects the principal ground

upon which the concept of moral rights rests: that there exist

rational and a priori moral principles upon which a correct and

legitimate moral doctrine is to be founded


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PO CLASSIFICATION OF HR CONTD

Eg1. the right to a fair trial, a typical example of classic rightsthat requires a non-interventionist role, practically, however, the

right to a fair trial requires well-trained judges, prosecutors,

lawyers and police officers, as well as administrative support

which entails high costs and active intervention of the sate Eg2. the right to work is a typical example of social rights that

demands state intervention (positive obligation), however, such

rights also encompasses the individuals right to choose

his/her own work which implies a non-interventionist state


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RESERVATION, LIMITATION AND DEROGATION

OF HR

Are all human rights absolute? No

Are human rights treaties/conventions accepted and protected

by member states of the UN? No

In accordance with international human rights law there areessentially three ways in which the State may limit or

restrict the scope of its obligations:

Reservations to treaties

Express limitations to rights

Derogations from rights


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DIFFERENCE BETWEEN LIBATION AND

DEROGATION

Limitation Derogationis usually embodied in the rights and is

applicable in times of peace (normal times

)

Is only permitted in exceptional

circumstances (when the life of the nation

is at stake)

Are necessary to balance individual and

public rights (eg. involuntary confinement)

Are necessary to save the live of the

nation/community as a whole

Can be in place for a longer periods of

time

Should be in place only for short periods of

time

Are embodied in the right themselves Situation matters

Affects only some specific rights Affects all deregoble rights (excluding NDR)


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CONDITIONS FOR LIMITATION AND DEROGATION OF HR

Condition for limitation of HR Conditions for derogation of HR

1. Lawful: in accordance with the (both

local and international law or as

prescribed by law

The crisis must be imminent or actual

and exceptional

2. Legitimate: to serve aims listed in the

provisions of legal documents (eg. theprevention of disorder and crime

The effect of he crisis must involve the

whole nation

3. Necessary in a democratic society (eg.

pressing social need)

The crisis must threaten the survival of

a country

4. Proportional proportional


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EXCLUSION/INCLUSION OF LIMITATIONS AND

DEROGATIONS UNDER DIFFERENTTREATIES OF HR

Name of treaties Exclusion/inclusion of derogation and limitationsclauses

1. UDHR Only contains general limitation rights , but no

derogation clauses

2. ICESCR No derogation clause is included, but no explicit

prohibition is made to derogation under state ofemergency

3. ICRC

4. ACHPR Contains limitation provisions, but no derogation clauses

5. ICCPR Contains both limitation and derogation clauses

6. ECHR Contains both limitation and derogation clauses


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DEROGATIVE RIGHTS: WHY? WHEN? HOW LONG?

Derogation is defined as the act of a state suspending the

application and enjoyment of certain human rights upon its

declaration of a state of public emergency affecting the life of a

whole nation.

Theoretically, all civil and political rights which do not fall under

the principle of non-derogability in the relevant treaty can bederogated.

Why derogation? To balance individual and public interest or to

ensure collective security, morality and common interest

Derogation, when? only in difficult situations when the life ofthe nation is at stake (subject to interpretation)

Derogation, for how long? For a short period of time


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Precondition for derogation ofHR

To adopt derogating measures, one should satisfy the following pre-conditions. The crisis:

Must be actual or imminent.

Its effects must involve the whole nation.

Must threaten the continuance of organized life in the community/the survival of a country.

Must be exceptional, in that the normal measures or restrictions,

permitted by the Convention for the maintenance of public safety,

health and order, are plainly inadequate (situations such as simple

riots or internal disturbance would not justify derogations).

Must be of temporary nature (should not last several years or

decades).


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Conformity principles required during derogation of HR

The principle of exceptional threat

The principles of proportionality

The principle of non-discrimination

The principle of consistency

The principle of protecting fundamental rights


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Non-derogable rights under the ICCPR

The ICCPR, in its Article 4, stipulate the following seven rights

as non-derogable even if the country in question is in the state

of emergency/ when survival is being threatened

The right to life (Art. 6)

The right to be free from torture or cruel, inhuman or degrading

treatment or punishment (Art. 7).

The freedom of exempt from slavery and forced-labor (art. 8) NB: in the state of emergency, the government could forcibly compel its civilians in providing services and laborious

works to manage natural or manmade crisis that otherwise could not be overcome

Freedom from being imprisoned for the luck of fulfilling

contractual obligations

The principle of non-retroactivity

Equality before the law

freedom of though, conscience and religion


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Non- erogative rights nder ,

the thiopian constit ti ons provides fornon-derogative rights

enumeratedunder Articles, 1, 18, 25andsub articles 1 and2of

Article 39 i.e. the nomenclature of the state, equality before the law,

freedom from slavery, self-determinationandthe rightnot to be

subjectedto inhumananddegradingtreatment.

Unlike the ICCPR, The FDRE Constitution does not recognizethe right to life, prohibition of torture, freedom of religion,

thought and conscience, the non-imprisonment for failing to

fulfill contractual obligation and non-retroactivity of criminal law

as non-derogable rights

However, the FDRE Constitution adds lists of rights that are not

embodied in the ICCPR as non-derogable: the right to equality,

self-determination and prohibition of trafficking in person


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Non-derogative rights under FDRE,

The nomenclature of the state (why special?)

equality before the law,

freedom from cruel, inhuman, or degradingtreatment or punishment (the meaning of forced

labour pp 71)

The right to self-determination (why special?)


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Institutions and enforcement mechanisms of HR

Institutions and enforcement/monitoring mechanisms atinternational level

Institutions/Treaty bodies enforcing HR

Treaty bodies have been set up for the following five core

United Nations human rights treaties to monitor Statesparties' efforts to implement the provisions of the

international Human Rights instruments

f


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international treaty bodies enforcing HREnforcing

bodies

Mandates Monitoring

mechanism

From whom?

HRC (1976)Monitors the implementation of the ICCPR Reports/com

plaints/SR

Government/individ

ual/civil society

CESCR

(1985)

Monitors the implementation of the ICESCR Reports/SR Government/Civil

society

CERD

(1969)

Monitors the implementation of the Convention on

the Elimination of All Forms of Racial

Discrimination.

Reports/complaints/SR

Government/individual/civil society

CEDAW

(1981)

Monitors the implementation of the Convention on

the Elimination of All Forms of DiscriminationAgainst Women.

Reports/com

plaints/Missi

on conduct/SR

Government/individ

ual/civil society

CRC (1991Monitors the implementation of the Convention on

the Rights of the Child

Reports/SR Government/Civil

society


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REGIONAL INSTITUTIONS MONITORING HUMAN RIGHTS

Enforcing bodies Mandates Monitoring

mechanism

From whom?

ACHPR

commission

-Promotional activities

-Monitoring the

implementation of ACHPR

-Interpretation of the ACHPR

(for more, see pp 82)

Reports/compli

nts/ SR

Governments, Individual or

organizational complaints

are only considered by

the Commission at the

request of a majority of

its members.

The African court

on HPR

Jurisdiction over the ACHPR

and other relevant treaties

ratified by the concerned body

From the ACHPR

commission, state parties,

AIGO


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National institutions enforcing/monitoring HR

Although specific enforcement mechanisms differ betweencountries, enforcement of national legislation usually occurs

through the following means:

Courts

Police

National human rights institutions


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Responsibilities of the NHRI under the paris principle

The Responsibilities of NHRI under the Paris principles : Monitoring HR

Advising the government

Creating links between national government, regional and

international governments Undertaking education and research on HR

Quasi-judicial competence


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TYPES OF NHRI

The existing recognized NHRI can be categorizedin to four different groups:

Consultative commission

Commissions with judicial competenceNational human rights centers

Human Rights Ombudsmen


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NATIONAL INSTITUTIONS ENFORCING AND MONITORING

HUMAN RIGHTS IN ETHIOPIA

The Ethiopian Human Rights Commission (EtHRC)

General introduction

Vision and mission

Objectives

Powers and duties

Scope and limitation of power

Organizational structure

The duty to coperate


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NHRI IN ETHIOPIA CONTD

Programs under the EtHRC

Human rights education

Human Rights Protection (complaint Investigation)

Human Rights Monitoring

Advising Government

Human Rights Research

Building the Capacity of Democratic Institutions


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NHRI IN ETHIOPIA CONTD

The Ethiopian Institute of Ombudsman

General introduction

Vision and mission (educating, enhancing, resolving and reforming)

Objectives

Powers and duties

Organizational structure

Scope and limitation of power (EIOs jurisdiction)


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Thank you for your attention!!!!!


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TREATY BODIES CONT

The Human Rights Committee (HRC)

Established in 1976

Mandate:

Monitoring country progress on the ICCPR by

examining periodic reports submitted by

governments;

examiningindividual complaints of humanrights violations

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