Someone recently bought our

students are currently browsing our notes.

X

Implementation Of Human Rights Outline

Law Outlines > International Human Rights Outlines

This is an extract of our Implementation Of Human Rights document, which we sell as part of our International Human Rights Outlines collection written by the top tier of Thomas Jefferson School Of Law students.

The following is a more accessble plain text extract of the PDF sample above, taken from our International Human Rights Outlines. Due to the challenges of extracting text from PDFs, it will have odd formatting:

IMPLEMENTATION OF HUMAN RIGHTS

*

INTERNATIONAL COVENANTS o ICCPR & ICESCR
? Legally binding covenants
? Based on UDHR
? 3 documents = International Bill of Rights o Civil & Political Rights (ICCPR)U.S signed in 1977

* Ratified in 1992Rights Protected

* Life

* Integrity

* Personal freedom

* Humane treatment

* Freedom of movement

* Fair trial

* Legal personality

* Privacy

* Freedom of conscience & religion

* Expression

* Assembly

* Association

* Family/children

* Political rights

* Non-discrimination

* Minor rights

* Self-determinationJurisdiction

* w/in territory of state and subject to its jurisdiction

* Human Rights Committee - o Says it covers territory under effective control of the state party

* US - o Says must be in both US territory & under control of US (i.e. not Gitmo)Limitations for:

* National security

* Public order

*

*

Public health or morals Rights of freedoms of othersLoophole

* Major loophole allowing states to derogate - Article 4 o Where public emergency threatens life of the nation
? (from w/in or foreign threat) o Can't be inconsistent w/other obligations under int'l law o Can't discriminate solely on basis of race, color, sex, language, religion or social originHuman Rights Committee = treaty body

* Says treaty body protects against violence by private persons too

* Optional Protocol to ICCPR or ICJ (if jurisdiction) o Can decide whether loophole applies
? i.e. Article 4 - measures must be exceptional and temporary

* last only as long as life of nation is threatened

* must inform other parties &
fulfill reporting requirements (Art. 40)Rights (above) are not subject to derogation & cannot be the subject of reservations

* However, Article 6 (5) says cannot put someone < to death o U.S. does execute minorsState party cannot withdrawn from Covenant or terminate its obligations

* Vienna Convention of Law of Treaties o Only allows withdrawal if specific provisions in treaty allows it Article 2(1)

* Rights w/out distinction o i.e. race, sex, religion, politics, national/social origin, etc.

* U.S. Reservation o OK if rationally related to legitimate gov't objective?

Article 6

* Right to life

*

*

2nd Optional Protocol to ICCPR o Calls for abolishment of death penalty Section 5 - no execution of minors o US reservation
? Can execute anyoneArticle 7

* Prohibits against torture, cruel, inhuman or degrading treatment or punishment o US Reservation
? Restricted to 8th Amend.
? Cruel & unusual punishment jurisprudenceArticles 9, 14, 15, 26

* Fair trial rights

* Including no arbitrary arrest & detentionArticle 10(3)

* Essential aim of penal system = social rehabilitation

* US Understanding o Doesn't diminish goals of punishment, deterrence, and incapacitation as "legitimate legitimate purposes"Articles 10, 14

* Ppl. deprived of liberty - treated w/humanity & respect for dignity

* Separate juveniles from adults o Juveniles get appropriate treatment based on age and legal status

* US Reservation o Can try juveniles as adults in "exceptional circumstances"Article 20

* Prohibits racist speech

* US Reservation o Can't restrict free speech under US ConstitutionArticle 26

* All ppl. are equal before the law

* No discrimination on any ground

* Effective protections against discrimination

* HRC - says includes sexual orientationArticles 1-27

Buy the full version of these notes or essay plans and more in our International Human Rights Outlines.