human rights

INTERNATIONAL CONFERENCES ON HUMAN RIGHTS

INTRODUCTION:

• Kind of formal meetings to discuss international matters
• They are between the representatives of the countries
• Outcome of the conferences are not binding
• UN had 4 international conferences to deal with the matters of women
• Other matters are also discussed such as
• Crime
• Racial discrimination
• Minorities
• Population
• Torture
• Social development
• Conferences are for the protection and promotion of human rights
• 2 conferences
• International conference on human rights (1968)
• World conference on human rights (1993)

TEHRAN CONFERENCE:

• Attended by 84 members
• Specialized agencies
• Inter governmental
• Non governmental organizations
• Conference was organized to see the effectiveness of the methods used
• It was held that peace is the universal aspiration of mankind
•  Peace and justice are indispensible for the full realization of human rights
• fundamental freedoms proclaimed through consensus are generally known as PROCLAMATION OF TEHRAN

1. PROMOTION
2. ENCOURAGING RESPECT
3. MAXIMUM FREEDOM AND DIGNITY
4. COMMON UNDERSTANDING OF THE PEOPLES OF THE WORLD
5. HUMAN AND FUNDAMENTAL FREEDOMS ARE INALIENABLE
6. REAFFIRMATION OF DETERMINATION

INTERNATIONAL CONFERENCES ON HUMAN RIGHTS (2)

INTRODUCTION:

• Second world conference in 1993
• Also known as VIENNA CONFERENCE
• Held after 25 years of the TEHRAN CONFERENCE
• 2100 delegates from 171 countries
• Representatives of 841 non governmental organisations, inter governmental organisations, specialized agencies

MAIN POINTS OF THE DECLARATION:

• Obligations of the States
• Co ordination of the activities
• Universality of the Human Rights
• Democracy, Development and respect for Human Rights
• Right to Development
• Extreme Poverty
• Effective remedies to redress Human Rights
• External Debt Burden
• Education
• Implementation and monitoring Methods
• Increased co ordination on human right

MAIN POINTS OF THE VIENNA DECLARATION

• Obligations of the states
• Co-ordination of the activities
• Universality of human rights
• Democracy, development and respect for human rights
• Right to development
• Extreme poverty
• Effective remedies to redress human rights
• External debt burden
• Education
• Implementation and monitoring methods
• Increased co-ordination on human rights
•  

IMPLEMENTATION MACHINERY

• Machinery for protection of human rights
• Consisted of European Commission on Human Rights
• European Court on Human Rights
• Committee of the Ministers of the Council of the Europe (ministers of foreign affairs)
• Machinery successful as many cases were referred to the court
• However the procedure was cumbersome and expensive
• Later on it was found that whole of the procedure requires restructuring
• For this purpose the commission was abolished
• The role of the ministers was much reduced
• Single full time court was established
• Aim was to simplify the procedure and shortening the length of the proceedings
• Similar is the case with the European Court of Human Rights

EUROPEAN COURT OF HUMAN RIGHTS:

• Convention on restructuring of the implementation machinery was opened for ratification by all the contracting parties.
• It will come into force after one year of its ratification
• Selection of the Judges was done
• Certain procedural and organizational acts were performed in that one year time
• Drafted new rules of the courts
• New court shall function on permanent basis from 1998 onwards.

COMPOSITION:

• New court composed of number of judges
• In 2000 there were 41 contracting states
• Therefore the number of the judges depends upon the number of the contracting states
•  Judges elected for a term of 6 years
• Elected by the Parliamentary Assembly of the Council of the Europe
• One half of the office of the judges are renewed after every 3 years
• Judges should be man of high moral character
• Judges sit in their official capacity, they do not represent any state
• Judges retire at the age of seventy
• No judge can be removed from the office unless decided by the 2/3 majority of the judges

JURISDICTION:

·         Jurisdiction to hear the cases either by the high contracting parties or by the individuals

·         State party may refer any alleged breach of provisions of the convention and protocols by any other contracting party.

·         Court is empowered to take applications from individual, non-governmental organization or group of individuals claiming to be the victims of violation by one of the high contracting parties to the rights set in the convention.

REGIONAL CONFERENCES ON HUMAN RIGHTS

INTRODUCTION:

• Meaning of region????
• An area embracing the territories of a group of states.
• Necessary that the states should be bound
• Bound by the??????
• Region may be created by grouping the states according to economic, social, political and cultural factors
• Regional agreements may be made for a wide range of purposes
• These include security, defense, political or socio-economic functions
• Limited community as compared to international institutions
• Many regional organizations in last three decades
• NATO (North Atlantic Treaty Organization)
• CENTO (Central Treaty Organization)
• SEATO (Southeast Asia Treaty Organization)
• OAU (Organization of African Unity)
• OPEC (Organization of Petroleum Exporting Countries)
• Some purely for military purposes

REGIONAL AGGRANGEMENTS ON HUMAN RIGHTS

• Idea gaining popularity since the adoption of UNDR.
• Vienna convention in 1993 declared that regional arrangements play an important role in promoting and protecting human rights
• 3 regional agencies

1.      European Convention on Human Rights

2.      American Convention on Human Rights

3.      African Charter on Human Rights and peoples rights

4.      Arab commission on human rights (promote only)

EUROPEAN CONVENTION ON HUMAN RIGHTS

• According to the statute of the Council of the Europe
• Established by the Congress of Europe
• Consisted of members having following qualities
• Like minded
• Common heritage of political traditions
• Ideals
• Freedoms
• Rule of law
• Stressed that the promotion and maintenance of human rights were means of achieving the ultimate objectives of European Community
• Negotiation within the council adopted ECHR

PROTOCOLS TO THE EUROPEAN CONVENTION:

1. Right to peaceful enjoyment of one’s possessions, right to education, right to free elections


2. Court of Human Rights upon request of the Committee of Ministers give advisory opinion on legal questions

3. Amended articles of the convention and abolished the system of sub-commission

4. Freedom from imprisonment for debts, from expulsion and right to enter own country, prohibition of collective expulsion of aliens, choice of residence and liberty of movement

5. Certain procedural changes regarding election of the members of the Commission

6. Abolition of death penalty

7. Right to review of the conviction by the higher tribunal

8. Commission may set up chambers

9. Individual applications to refer cases to court in certain circumstances

10. Amendment in article 32 of the convention by deleting the words “two third’

11. Restricting of the control machinery established by the convention, for the improvement of the efficiency of its protection of human rights.