for the full realization of this pledge a common standard of achievement for

For the full realization of this pledge a common

This preview shows page 56 - 59 out of 83 pages.

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
Image of page 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
Image of page 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)
Image of page 58
Image of page 59

  • Left Quote Icon

    Student Picture

  • Left Quote Icon

    Student Picture

  • Left Quote Icon

    Student Picture