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for the full realization of this pledge’.•‘a common standard of achievementfor all peoples and all nations, to the end that every individual and every organ of society … shall strive … to promote respectfor these rights and freedoms and by progressive measures, national and international, to secure their universal and effectiverecognition 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, 2nded, 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)•1stgeneration rights immediately to be protected57
Reveal reasoning, always apply law!•‘to respectand to ensure to all individualswithin its territory and subject to its jurisdictionthe rights recognizedin the present Covenant’: art 2(1).•‘to take the necessary steps, in accordance with its constitutional processes … to adopt such lawsor other measures as may be necessary to give effect to the rightsrecognized in the present Covenant’: art 2(2).•ICCPR and ICESCR (2):–International Covenant on Economic, Social and Cultural Rights(ICESCR)•2ndgeneration rights for progressive achievement•‘to take steps… to the maximum of its available resources, with a view to achieving progressivelythe 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)–