for the full
realization of this pledge’.
•
‘
a common standard of achievement
for all peoples and all nations, to the
end that every individual and every organ of society … shall strive … to
promote respect
for these rights and freedoms and
by progressive
measures
, national and international, to
secure their universal and effective
recognition and observance
’.
•
Universal Declaration of Human Rights (2): Why? (Preamble)
56
Reveal reasoning, always apply law!
–
Inherent / Inalienable
•
‘inherent dignity’ and ‘equal and inalienable rights of all members of the
human family’
•
‘dignity and worth of the human person’
–
Pragmatic Benefits
•
‘foundation of freedom, justice and peace in the world’
•
‘promote the development of friendly relations between nations’
•
‘promote social progress and better standards of life in larger freedom’
•
prevent people being ‘compelled … as a last resort, to rebellion against
tyranny and oppression’
–
Historical Reasons
•
‘disregard and contempt for human rights have resulted in barbarous acts
which have outraged the conscience of mankind’
•
Universal Declaration of Human Rights (3):
–
Status
•
‘a recommendation by the [GA] … that would exert a moral and political
influence on states rather than constitute a legally binding instrument’
•
Henry J Steiner and Philip Alston,
International Human Rights in
Context: Law, Politics, Morals
(Oxford University Press, 2
nd
ed, 2000)
138.
•
‘the accepted and authoritative statement of human rights for the whole
world’
•
Peter Bailey,
The Human Rights Enterprise in Australia and
Internationally
(LexisNexis Butterworths, 2009) 8.
–
Much of the UDHR is now customary international law
–
The first of the three instruments constituting the International Bill of Rights
•
ICCPR and ICESCR (1):
–
Adopted by the GA in 1966
–
Entered into force in 1976 (for Australia, ICCPR 1980)
–
International Covenant on Civil and Political Rights
(ICCPR)
•
1
st
generation rights immediately to be protected
57
Reveal reasoning, always apply law!
•
‘to
respect
and to
ensure to all individuals
within its territory and
subject to its jurisdiction
the rights recognized
in the present
Covenant’: art 2(1).
•
‘to take the necessary steps, in accordance with its constitutional
processes … to
adopt such laws
or other measures
as may be
necessary to give effect to the rights
recognized in the present
Covenant’: art 2(2).
•
ICCPR and ICESCR (2):
–
International Covenant on Economic, Social and Cultural Rights
(ICESCR)
•
2
nd
generation rights for progressive achievement
•
‘to
take steps
… to the maximum of its
available resources
, with a
view to achieving progressively
the full realization of the rights
recognized ’: art 2(1).
•
Specific Treaties
–
International Convention on the Elimination of All Forms of Racial Discrimination
(CERD)
–
Convention on the Elimination of All Forms of Discrimination Against Women
(CEDAW)
–
Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment (CAT)
–
Convention on the Rights of the Child (CRoC)
–
