Politics and human rightsKathalijne BuitenwegLaurien Koster

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Politics and human rights

History of human rights Main trends in promotion and protection of

human rights Forward-looking: challenges for National Human

Rights Institutions (NHRIs) Future trends? – your input

Human rights:

A moral concept A legal concept

Fundamental for human dignity.

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History since 1945

Main activities at international level

Standard setting Development of international monitoring

machinery Focus on national implementation

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Standard setting

Universal Declaration of Human Rights (1948) Contains civil and political rights as well as

economic, social and cultural rights

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Indivisibility of human rights

1993 World Conference on Human Rights => Vienna Declaration, article 5 ‘All human rights are universal, indivisible and

interdependent and interrelated.’

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Standard setting

General instruments Covenant on Civil and Political Rights (1966) Covenant on Economic, Social and Cultural

Rights (1966)

Controversies during drafting Emphasis CPR – ESCR Acceptability of monitoring procedures

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Different human rights?

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Different human rights?

Alleged differences CPR – ESCR No state action necessary – Requiring state

action Cheap – Expensive Clear - Vague Justiciable – Non-justiciable

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Standard setting

Treaties dealing with specific issues or groups Racial discrimination (1965) Discrimination against women (1979) Torture (1984) Children’s rights (1989) Migrant workers (1990) Persons with disabilities (2006) Enforced disappearance (2006)

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International accountability

Accountability of States UN human rights treaty bodies Political mechanisms Regional Courts Towards a World Court??

Accountability of individuals Combating impunity International accountability (ICC)

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National implementation

National Preventive Mechanisms (OPCAT, CRPD) Technical assistance programmes National Human Rights Institutions

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Realisation of socio economic rights Role of independent National Human Rights

Institutions The Netherlands Institute for Human Rights

Realisation of rights

State fulfills its obligations Enforceability

The UN treaty body System

Monitoring of state obligations Clearifying of the norms Political peer review Recommendations Individual complaints

Domestic Political debate Follow up

European Convention Human Rights:

- Binding judgements European Court- Supervision of execution

of judgments

Domestic acces to justice- The judiciary- Semi judicial function of NHRI; non discrimination

Non discrimination

Equal acces to socio-economic rights No guarantee for core minimum

Paris Principles

Competence to promote and protect h. r. Broad and effective mandate and responsabilities

i.a. advice, reports on the national situation, encourage ratification of internat. hr-instruments,, hr education,investigative powers

Interaction with International HR system, Cooperation with other hr institutions and NGO’s Independence from the state, adequate funding Pluralist composition Protected position of commissioners Own staff, independent housing

Netherlands Institute for Human rights Strategic priorities:

- Older people in caring homes & human rights- Migration and human rights- Discrimination and access to the labour market

- Human Rights education - Inhabitants of the Carribean part of NL

& human rights- National yearly report on HR in NL- A-accreditation at UN level/Cmttee of NHRI’s

Netherlands Institute for Human Rights