Sonia omar international system slides bristol
- 1. Main title Subheading Using the international human rights system
- 2. About BIHR We are a national charity aiming to bring human rights to life in the UK by: Raising awareness of human rights Building capacity to use human rights based approaches Influencing policy change
- 3. Context/ aims NEP and BIHR Guide for the VCS – Using international human rights Want to bring this to life and inspire you to use it! Aim to increase awareness and understanding of the system and how you can engage with it to make a difference to your work
- 4. Overview The ideas What are human rights, where do they come from and why do they matter? International law What are they key parts of the international human rights system and how do they work? The practice How can you use it? Case studies and practical examples.
- 5. Main title Subheading The ideas
- 6. Which human rights are being taken away in these photos?
- 7. Human rights are…… A set of rules for governments According to common values Now set down in law Developed over centuries To respect and protect individuals
- 8. Key ideas Belong to everyone • Cannot be given, only claimed • Cannot be taken away • Are a set of basic, universal standards • HUMAN RIGHTS
- 9. Shift from needs to rights A right “is something to which one is entitled solely by virtue of being a person … enables a person to live with dignity … can be enforced … and entails government obligation.” A need “is an aspiration that can be quite legitimate but not necessarily associated with an obligation by government to cater to it. The satisfaction of a need cannot be enforced. Human rights make the difference between being and just merely existing” From UNDP Poverty Practice note
- 10. Universal Declaration of Human Rights ARTICLE 1 ‘ All human beings are born free and equal in dignity and rights . They are endowed with reason and conscience and should act towards each other in a spirit of brotherhood.’
- 11. Creation of a human rights system Civil and political rights Economic, social and cultural rights The roots: Ancient philosophies, religion, revolutions, social movements etc UDHR Women Children Migrant workers Disabled People No Torture
- 12. "injustice anywhere is a threat to justice everywhere” Martin L. King “ Human rights are not a privilege conferred by government. They are every human being's entitlement by virtue of his humanity …” Mother Teresa "Peace can only last where human rights are respected, where the people are fed, and where individuals and nations are free." Dalai Lama
- 14. Main title Subheading The law
- 15. UK Government e.g. International human rights treaties e.g CEDAW (Convention on the Elimination of Discrimination against Women European Convention on Human Rights 1950 Human Rights Act 1998 United Nations Council of Europe
- 16. State obligations State parties have obligations to: Respect human rights – i.e. refrain from interfering with the enjoyment of rights Protect human rights – i.e. prevent rights abuses by third parties Fulfil human rights – i.e. pro-actively engage in activities that strengthen access to and realisation of rights.
- 17. Different international human rights ‘mechanisms’ International Treaties (conventions) Monitoring Committees Other UN instruments (p40 guide) Other ‘procedures’: Special Rapporteurs Universal Periodic Review UN High Commissioner for Human Rights (Nav Pillay)
- 18. List of International Human Rights treaties International Covenant on Civil and Political Rights (ICCPR), 1966 International Covenant on Economic, Social and Cultural Rights (ICESCR), 1966 Convention on the Elimination of Racial Discrimination (CERD), 1965 Convention on the Elimination of Discrimination Against Women (CEDAW), 1979 Convention Against Torture (CAT), 1984 Convention on the Rights of the Child (CRC), 1989 Convention on Migrant Workers (CMW), 1990 (The UK has not signed up to this Convention) International Convention on the Rights of Persons with Disabilities (ICRPD), 2006 International Convention for the Protection of All Persons from Enforced Disappearance (ICPED), 2006 (The UK has not signed up to this Convention)
- 19. UK and International treaties Some facts! UK signed and ratified all except for: Migrant Workers and Enforced Disappearances UK first governments to sign one on Persons with Disabilities but only ratified on 8th June 09 Only 2 countries haven’t ratified the Children’s Treaty- do you know which ones?
- 20. Sign or Ratify? Sign a treaty = not legally binding, but expressing agreement. Ratify a treaty- legally binding. Must submit report to committees to prove you are following the duties in the treaty.
- 21. Enforcing and monitoring rights Govt Reports by states to UN treaty monitoring committees (international) Committee sessions Concluding observations Complaints by individuals to UN committees (limited e.g CEDAW)
- 22. UN Committees UK government writes report to the committee Committee meet the government and ask to explain what they are doing Groups like you can send some information to the committees to say what is really going on! (shadow reports)
- 23. Group Activity Looking at the specific rights in some of the treaties and linking them to your work/issues.
- 24. Main title Subheading Engaging with the human rights system
- 25. Using CEDAW Today when I am asked, “What can the Convention really do for women?” I reply softly, “What do you plan to do with the Convention?” – Shanthi Dairiam, Director, IWRAW Asia Pacific http://www.iwraw-ap.org/news/shanti.htm
- 26. How can you engage with international human rights? Raise awareness – tell people about them! Influence the UN Committees Hold the government and public bodies to account Campaign and lobby for stronger human rights protection Advocate for human rights
- 27. Influencing the committees Shadow reporting Submitting evidence Meeting the committees Attending committee sessions as an observer Assisting the government with drafting their official reports Example – French CAT report example
- 28. Extract from Franciscans shadow report “ Franciscans International would like to draw the attention of the Committee against Torture to the situation of elderly persons in institutions and, in particular, to the significant level of mistreatment that occurs in therein. Based on a sample of 496 calls received in 2007 concerning cases of the mistreatment of elderly persons in institutions, ALMA reveals that 44% of cases of repeated mistreatment concerned private establishments, whereas at least 36% of the cases were registered in public institutions.”
- 30. Holding the state to account Rich source of material for lobbying and campaigning work, e.g. Concluding observations General comments Powerful language Example – Participation and Practice of Rights project (DVD clip)
- 31. Group Activity Using the concluding observations
- 32. action-planning Pick a treaty which is relevant to your work. What could you do to engage in the reporting cycle think about: date of next government report, what information you could send to the committee, what evidence you have, who you could partner with
- 33. Some tips- table from p19 Have a look at the website of the relevant committee (via www.ohchr.org ) Check the date that the UK is next due to report on the relevant treaty (see chapter x). Find out if anyone else is planning to produce a report or is interested in getting involved. Have a look at the UK’s previous reports and the concluding observations. Can you get hold of a copy of the Government’s official report? Identify the issues that you want to raise, and recommendations on how the situation can be improved. Make sure the information you include is clear, relevant and concise. Remember to find out how and when to submit your report.
- 34. “ Where, after all, do universal human rights begin? In small places, close to home - so close and so small that they cannot be seen on any maps of the world…Unless these rights have meaning there, they have little meaning anywhere.” Eleanor Roosevelt
Editor's Notes
- #3: Key points: Independent charity with a mission to bring human rights to life within the UK Interested in how human rights can be used by ordinary people and by organisations outside of the courtroom – in a practical way to effect positive change One of our main activities is developing and delivering human rights training to both the public and voluntary sectors – particularly interested in human rights learning and development Worked with DH and the five participating Trusts on the national Human Rights in Healthcare project since it began – working with the Department on the national activities including these events and with the Trusts on their human rights projects
- #11: Really inspirational document – good to go back to it from time to time and remember what human rights is all about. Much more visionary than ECHR/ HRA – preamble is powerful.
- #12: On the last point emphasise – would you be able to choose between the right to housing and freedom of movement (right to liberty)
- #13: This is Rosa Parks. When she refused to stand on the bus for a white passenger she was standing up for her right to be treated equally and not to be discriminated against. In this country equality and human rights are often seen as disconnected but we should not forget that Rosa Parks individual protest and the civil rights movement more generally and other similar movements around the world were considered to be people fighting for their human rights. Albie Sachs point about the fact that people in South Africa have been fighting for their human rights to equality and they would find it incredible that people in this country are still discussing what the relationship is between human rights and equality