Rights and Justice

Origin of rights
-​ Ancient Greece and Rome - early ethical representation of rights, concept of
punishment and justice

​ Plato and Aristotle - virtue as intrinsic in human behaviour

-​ Religion - Confucius - education for all, Christianity, Islam- human solidarity, ancient
Dhamma in India
-​ Western origin of rights - 13th century onwards

​ Social changes are happening - declining feudalism, growing industrialisation, giving

rights to the individual, culminating in the French Revolution - justice, liberty and equality.

Development of rights
Three stages

1.​ Religious and classical philosophies (Natural rights), rights can't be talked about
without talking about dignity (Kantian Philosophy)
2.​ Reformation, Renaissance, Enlightenment - individual rights, Locke’s concept,
revolutions like the French, American,
3.​ Consolidation of Human Rights - 1945 onwards

Natural rights - rights are given to us by nature, which are inalienable, universal (life, liberty,
property), and cannot be taken away by the government.
Legal rights: right recognised by the state/government

●​ Article 14-17 - right to equality

●​ Article 17 - removal of untouchability
●​ Article 19-22- right to freedom
●​ Article 23-24- right against exploitation
●​ Article 25-28- cultural and educational rights
●​ Article 29-30- right to constitutional remedies
●​ When the state recognises rights, demands are made by people to recognise these
right.s
●​ Rights then place obligations on the state to act in certain ways
●​ Rights also put negative obligations
●​ This theory believes that the power of a state is kept in check by the rights given to
its [Link]

The moral concept of rights

 ●​ Two arguments: a) treat others the way we want to be treated,) others should not be
treated as a means to our end —> Kantian philosophy

Contested meanings
1.​ Liberty
1.​ Rights cannot exist without liberty
2.​ Freedom can be defined as the absence of constraints, these constraints
would be externally imposed - for example. Patriarchy, race, etc
3.​ A second way to look at freedom is to expand the ability of people to express
themselves freely - rights empower us
4.​ This opportunity expands abilities by giving opportunities located within a
society.
5.​ In this sense, freedom can be defined as the absence of constraints and
existence of conditions to enable growth.
6.​ Example - Transgender community in India
7.​ Example - Honour Killing in India —> doesn’t let people express their freedom
of choice, freedom through the absence of constraints.
8.​ Two types of liberty
1.​ Negative: A space where an individual is inviolable, can do whatever
they lik,e and no external authority can interfere. This is the minimum
area of interference;e, it explains the idea of’ freedom from’. If the area
is too small, dignity gets compromised (Isaiah Berlin )
2.​ Positive: It looks at the condition and nature of the relationship
between individuals and society. It talks about enabling positive
conditions in society. It has some restrictions, and it explains the idea
of ‘freedom to’
2.​ Equality
1.​ Treating everybody equally irrespective of caste, class, race, gender, or
religion
2.​ No discrimination based on these, and every human deserves respect and
consideration because of their common humanity.
3.​ French Revolution - liberty, equality, fraternity
4.​ Demands for equality in anti-colonial liberation struggles in Asia and Africa.
5.​ Demands by groups such as women, Scheduled Castes, and Scheduled
Tribes - those who are marginalised.
6.​ Natural inequalities emerge between people as a result of different
capabilities and talents. People are born with different characteristics which
can be changed.
7.​ Social inequalities: produced by society, as a consequence of inequalities of
opportunities or exploitation of some groups and can be altered. Women were
denied equal rights because they were considered “the weaker sex”, having
less intelligence.
 8.​ The institution of slavery was justified because Blacks were considered to be
of lesser intelligence, wild, savages.
9.​ Natural inequalities may no longer be unaltered, and technology
advancements have helped people with disabilities to function as others.

​ Equality of opportunities

-​ Natural and social inequalities will always exist.

-​ Inequalities exist because of our choices and because of the circumstances in
which people are born.
-​ Access to opportunities should be given to all.

Dimensions of Equality

-​ Political: equal citizenship, equal rights, equal before the law, equal
opportunities, right to vote, participate in political affairs.
-​ example: Inheritance rights for women in India from 1956 - 2020
-​ Economic- gap between the rich and the poor, right to livelihood, equal
opportunities, equal pay for equal work (gender construct)
-​ Social - guaranteeing certain minimum conditions to all health, education, no
discrimination based on caste, gender, ethnic group, equal opportunities, a
level playing field, the State should make policies to prevent discrimination

How to promote equality

-​ Establishing formal equality

-​ Differential treatment
-​ Affirmative action

Case study: Maoris in New Zealand, a reservation in India

3.​ Justice
1.​ The Greek concept - goodness and willingness to obey laws, morals to be
followed.
2.​ The Roman idea of justice - based on religious regulations, customs and
conventions about justice
3.​ The indian version of justice - Dharma, or a just social order
4.​ Justice in different cultures/ philosophies - indigenous cultures and role of
elders, Asian traditions, conservative society
5.​ Justice today: giving each/ his/her due, justice as fairness
6.​ Justice means giving due and equal consideration to all individuals, Immanuel
Kant believes - humans possess dignity.
7.​ Justice for him is to ensure the maintenance of this dignity
8.​ Justice is an ideal, with no particular definition.

Dimensions of Justice

1.​ Legal justice

 -​ Rule of law- developed by A.V Dicey: absolute supremacy or predominance
of the regular law as opposed to the influence of arbitrary power, and
excludes the existence of arbitrariness. No one is above the law.)
-​ Justice is administered by the court of law The interpretation of the judge is
considered to be an embodiment of justice.
2.​ Political justice
-​ Providing equal political rights
-​ Free and fair participation of people in political affairs
-​ Universal adult franchise
-​ Equality of opportunity, freedom of expression, and association
3.​ Economic Justice
-​ Everyone has the equal opportunity to express their rights to livelihood
-​ Basic needs should be fulfilled
-​ Equal pay for equal work
-​ Fair economic opportunities
-​ Fair distribution of resources
-​ Climate change debate between the developed and developing worlds →
1992 Earth summit. Climate change is happening because of developed
countries 'industrialisation” reducing climate change responsibility is on
developing countries.
-​ CDR- common but differentiated responsibility - legal principle

4.​ Social Justice

-​ Removal of social inequalities
-​ Non-discrimination in all spheres of life
-​ Social security

​ Principles of justice

1.​ Equal treatment of equals

-​ Justice and equality
-​ All human beings are born equal and with dignity - for example, disabled
people are now called people with disabilities - disability is not an identity,
they are considered equal because they are humans first
-​ No discrimination based on race, caste, gender, or religion
2.​ Proportionate justice
-​ Concepts come from criminal law- the degree of punishment should be in
proportion to the severity of crime committed.
-​ Case study: Nirbhaya case
3.​ Recognition of special needs
-​ This comes from the concept of social justice
-​ Recognising physical disability is a special need,
-​ Social discrimination, which results in the exclusion of vulnerable
communities, special needs.
-​ Special needs are recognised by constitutional provisions - abolishment,
untouchability, reservation for scheduled caste, scheduled tribes
Beginning of human rights

1.​ Europe in the 1930s

2.​ The Nazis coming to power led to the marginalisation of jews
a.​ Boycott of Jewish doctors, lawyers in 1933
b.​ By 1935, jews were not allowed to join the civil service or the army
c.​ Introduction of Nuremberg laws in 1935- jews were not able to marry non
jews, and citizenship was removed
d.​ Jews were barred from professional occupations
e.​ Jewish children are prohibited from attending state schools
f.​ 1938- more restrictions - passports to be marked as J, programs initiated
against jews in nazi territories - beginning of the holocaust

Declaration and convention difference

-​ Deceleration means that states don't play a role in influencing States are not held
responsible
-​ Convention, legal states can be held accountable, state influence is present, and
requires ratification. → state sovereignty.

A characteristic of the international legal system is that for the individual to be the
beneficiary, the state should have signed that treaty.

Classification of rights (to what extent are rights indivisible )

-​ Karel Vasa's classification of rights

-​ First generation (there can't be government interference, main priority)
-​ Civil rights- freedom of opinion, freedom of expression, right to
personal security, equality before the law
-​ Political rights- right to vote, right to participate in public affairs,
citizens' control over the administration
-​ Negative rights - prohibit the state from taking certain actions, put
limitations on state power
-​ Individual in nature
-​ Mostly prompted by Western liberal states
-​ Second generation (collective, can't have a life without economic/social rights)
-​ Economic rights- right to work, better conditions of work, equal pay for
equal work
-​ Social rights- rights to social security
-​ Positive rights - government intervention needed
-​ Collective in nature
-​ Mostly promoted by communist states such as the USSR, China
-​ Third generation (least important to a state)
-​ Collective or solidarity-based rights
-​ Exercised by individuals in a community
-​ Right to environment, right to culture
-​
 Universal Deceleration of human rights

-​ UDHR has more rights than first-generation rights.

-​ UDHR is more Western-dominated, liberal in its mindset
-​ UDHR has fewer provisions for social, economic, and cultural rights
-​ Rights are classified as generation; however, rights are indivisible too
-​ Right to life (first generation) cannot function without the right to livelihood and right
to work (second generation)

Case Study → euthanasia

Case study→ death penalty

-​ Countries like Russia have a moratorium, which means that the death penalty is
allowed, but it is not used.
-​ This is to maintain their image with liberalism/modernisation and not receive
international pressure.

Covenants

-​ ICCPR - International Covenant on Civil and Political Rights ​

-​ Negative rights
-​ Puts a check on the government
-​ Makes the government accountable
-​ Gives authority to the individual
-​ Tyrannical governments are in place
-​ Adopted and opened in 1966
-​ Formally entered into force in 1976
-​ It aims to ensure freedom from discrimination, right to gender equality, right to
life, freedom from torture, freedom from slavery, right to liberty, right to marry,
right to privacy, right to fair trial, right to recognition before the law.
-​ The first optional protocol was about an individual communication procedure
(which means if a government has signed, an individual can directly reach the
ICCPR to complain about their government)
-​ Limitations
-​ In a national emergency, states are permitted to restrict or derogate
some rights
-​ Case study - AFSPA in India
-​ Armed forces special
-​ AFSPA controversy: as it empowers security personnel to use force
and shoot as deemed fit to maintain public order. It also grants
soldiers executive power to enter premises, search and arrest without
a warrant based on “reasonable suspicion”, allowing armed forces to
open fire and even cause death.
-​ Case study - Male Guardianship Law in Afghanistan
-​ Since the Taliban returned to power, Afghan women have been barred
from going on long trips, travelling by planes or entering government
buildings unless a man accompanies them.
 -​ Under Islam, a mahram is a close male relative, typically a husband,
brother, father, son, or grandfather, with whom a woman is not
obligated to wear a hijab, and acts as her guardian.
-​ In Afghanistan, strict rules define what women are allowed to do, with
their proponents claiming they guarantee both the women and their
whole family honour.
-​ The Taliban authorities, in power since 2021, have responded to
international criticism by saying that Afghan laws follow Islam and
guarantee all citizens' rights under Sharia

-​ ICESCR - International Covenant on Social and Cultural Rights

-​ Positive rights
-​ Responsibility of the government
-​ Gradual implementation
-​ Directive principles of state policies - guidelines given to the government
(suggestions)
-​ Theory of eminent domain - all land within the Indian territory belongs to the
Indian government.

To what extent does sovereignty undermine human rights

CLAIMS

-​ National emergencies- rights are abrogated, national security --.> UAPA

-​ Indigenous land claims versus sovereignty - Maori
-​ State authority can lead to a violation of rights
-​ Non-binding nature of treaties
-​ Culture often defends human rights violations, role of governments → veiling law in
Iran - law on protection of family through the promotion of culture of chastity and
hijab.
-​ Use of technology by government for surveillance, social media → Digital
authoritarianism
-​ Arbitrary detention of government →, Belarus
-​ Low politics - the government is not interested
-​ Banning of activist organisations like NGOs
-​ Responsibility to protect, the ICC cannot be implemented till the state gives consent.

COUNTER CLAIMS

-​ Chapter 7 of the UN charter -> UNSC authorises military action.

-​ R2P → protects human rights by building sovereignty
-​ State's legitimacy - strengthens sovereignty
-​ Sovereignty as a framework ensures better protection of rights→ Nirbhaya cas.e
-​ Form of government and institutions can protect human rights- [Link]
Question: “The Universal Declaration of Human Rights (1948) is no longer relevant for
dealing with human rights issues in the 21st century.” To what extent do you agree with this
claim

Synopsis

-​ Introduction
-​ Human rights
-​ Protection of human rights after WW1
-​ UDHR: a document by the United Nations that states all the rights that
humans are entitled to
-​ Adoption of UDHR
-​ Example of rights in udhr
-​ Importance of rights
-​ Thesis statement
-​ Claim 1: UDHR is no longer relevant
-​ There are cases where human rights are being denied
-​ Case study: US freedom of expression denied
-​ Does not have enforcement ability due to it being a declaration; it's not
binding, when the world is becoming deglobalised, and sovereignty is
becoming significant.
-​ More important issues, such as climate change, digital rights, are not
reflected
-​ Cultural rights or rights of minorities not accounted for - 21st century, Sri
Lanka - Tamil minorities, more universalist, more Western-dominated.
-​ Lack of children and women's rights
-​ Gender - bias language Act 23, 25, lack of identity-based rights such as
LGBTQ rights → 21st century
-​ State security vs human security, in the 21st century, shifting to a realist
outlook where state security is prioritised
-​ Case study - deportation in the US by Trump
-​ Claim 2: UDHR is still relevant
-​ 48 governments in 1948, to now 193 Member States, who have all decided to
accept the provisions of the UDHR
-​ Foundation for human rights and a basis for other human rights treaties,
ICCPR, ICESCR, CEDAW, drawn from UDHR
-​ Not a convention makes it more flexible for countries to adopt
-​ Authoritarian governments are on the rise, a rise in violent NSAs in the 21st
century, which makes the UDHR more relevant Which are still violating the
rights of individuals in the 21st century, making the UDHR more relevant
today than ever before.
Human Rights Movement

-​ The Human Rights Movement refers to a non-governmental social movement that

engages in activism related to human rights issues.
-​ The foundation of this human rights movement rests on resistance to colonialism,
slavery, racism, apartheid and oppression of indigenous peoples.
-​ The HRM has undergone tremendous change over the last 65 years.
-​ It started as a result of activism by NGOs, and now incorporates many other actors
such as legislators, policymakers, journalists, which is basically civil society.
-​ A human rights NGO is a private association which functions towards the promotion
and protection of internationally recognised human rights.

Phases of the human rights movement

-​ Origin - 1948-50s
-​ Second phase - 1960s-80s
-​ Creation of treaties and treaty bodies
-​ Third phase- 1990s
-​ Globalisation emerged as a phenomenon
-​ States started repressing human rights more
-​ Fourth phase - 2000s and beyond
-​ War and terror → 9/11
-​ R2P

Question- To what extent does globalisation affect human rights

Crucial developments

1.​ 1948-60s
a.​ Establishment of the UN with its charter containing 13 reference gto
human rights
b.​ Adoption of the UDHR
c.​ Genocide convention
d.​ An early awareness about prevention of violations of human rights.
e.​ Standard - setting stage - mostly UN and states were responsible for
creating human rights treaties → promotional stage
2.​ 1960s - 80s (second phase)
a.​ Period of heightened Cold War politics
b.​ Development of INGOs- AI, International Commission of Jurists,
Human Rights Watch, Survival International etc
c.​ Move towards protection/monitoring of human rights in the 1960s -- as
a result of pressure from NGOs.
d.​ Violation of human rights were publicised through reports and states
were helped accountable to the international community by using the
logic of “name and shame”
 e.​ Keck and Sikkink’s "boomerang model” which refers to the
triangulation between international NGOs from the north and local
actors from the south. This generated international pressure in order
to influence actions of the states, contributing to expose massive
human rights violations between the 1960s and 1980s in latin america
states.
f.​ Treaty bodies started getting created around this time, ICCSR, ICERD
→ CERD etc, ICCPR→ HRC
3.​ 1990s to 2000s (third phase)
a.​ 1990s - post-Cold War era brought changes in the world
b.​ In the Internet era, globalisation began to raise more awareness about
violations of human rights all across the world.
c.​ 1993- The Vienna Declaration talked about universality, indivisibility,
interdependence and interrelatedness of human rights.
d.​ 1994 - Rwandan genocide was a turning point as it hastened the
process of signing of Rome Statute and the establishment of ICC
4.​ 2000s and beyond (fourth phase)
a.​ Changes in the rights of regional economies of the world, impact of
war on terror led by the US on human rights, responsibility to protect
→ define human rights regime in this phase
b.​ Translationalism has enabled local actors play an important role at a
global level → example, climate change negotiations at the UNFCCC
stage are marked by indigenous peoples and local advocates present
who highlight the violations of their rights by states, MNCs at the
global stage

Q. Elaborate on the role of NGOs in protection of human rights

NGOs and the human rights movement

-​ Functions played by NGOS

-​ Agenda setting
-​ Example → NGOs placed slavery on the international agenda,
protection of wounded on the battlefield to creation of IHL.
-​ Because of NGOs lobbying, states paid attention to the protection of
human rights, AI put the issue of torture on the international agenda in
1972, launched a worldwide ‘campaign for the abolition of torture by
organising conferences and circulating a petition (later led to the
signing of CAT)’
-​ Women's organisations led to the recognition og women's rights →
Declaration of Elimination of Violence Against Women (1993), rape as
a war crime.
-​ NGOs also played an important role in the creation of the ICC
 -​ NGOs demonstrated in Seattle for the opening of the next round of
WTO talks, pressured the IGO to take farmers' rights, labour rights
and environmental standards into consideration. Now, there are talks
held between NGOs and the WTO​
-​ Role in international treaties
-​ NGOs' role began to get highlighted after the Earth Summit of 1992.
NGOs highlighted the case of climate change.
-​ Vienna conference - attend plenary sessions
-​ Beijing World Conference of Women - could attend both the plenary
as well and the drafting sessions
-​ Convention on the Rights of the Child - Article 30 inserted after inputs
given by NGOs.
-​ The Rome Statute was written in partnership between NGOs and
like-minded governments
-​ Transnational links forged between INGOs and local NGOs/ IPOs to
highlight the case of indigenous people at the international level -
UNDRIP of 2007 as a result of lobbying between local and
international NGOs
-​ Fact-finding and information gathering/ monitoring function
-​ Fact finding is mostly done by most IGOs such as human rights
council under its special procedure - special rapporteurs, independent
expert or working groups and nine international human rights treaties.
-​ Important information to these mechanisms is provided by local as
well as international NGOs.
-​ Amnesty International sends 50 communications to UN bodies every
year - complaints which need investigations.
-​ With respect to treaty bodies, NGOs prepare ‘shadow reports’ or
alternative reports which challenge the facts prepared by government
agencies
-​ Special procedures or rapporteurs - NGOs prepare alternate reports,
prepare country visits
-​ ICC - NGOs have a special role to play concerning the victims -
preparing them to lodge complaints
-​ Information is the key for NGOs to work legitimately,
-​ Key impressive role played in implementing the landmine treaty in
1999 to ban the use of landmines
-​ Role of NGOs in UPR- local as well as international NGOs.
-​ Strategies used by NGOs
-​ Issuing press releases and mounting press conferences
-​ Publishing reports and disseminating them widely to policymakers
-​ Holding demonstrations, rallies and sit-ins, organising people's
tribunals at which witnesses testify to human rights violations
-​ Denunciations through videos, films, popular music or theatre,
testifying before governmental or intergovernmental bodies, using the
internet to disseminate information globally.
-​ Case study: South Dakota pipeline
-​ Parallel side events organised by NGOs to attract attention of
government delegates - especially during climate change negotiations,
 workshops, panels and tribunals exposing violations, walls plastered
with posters and photographs.
-​ International support and solidarity for human rights defenders
-​ Adoption strategy of Amnesty International, where they adopt specific
political prisoners and campaign for their release, sometimes for
years.
-​ Urgent Actions Network, also adopted by Amnesty International, which
organises hundreds of people who are asked to respond immediately
by fax or email to prevent torture or disappearance
-​ Complaint developed by peace brigades international - providing
24-hour-a-day bodyguards to human rights activists armed with a
camera - example in El Salvador, sir lanka
-​ Provide money/ legal ---?
-​ Human rights education
-​ The primary responsibility of national NGOs - to provide education
about human rights to the army, police by educating them about their
limits of power
-​ Human Rights International is an initiative offering 100 programs in
human rights education by various institutions, such as the Arab
Institute of Human Rights in Tunisia and the South Asian Forum for
Human Rights in Nepal.
-​ NGOs are called to train/develop materials - for example, creating a
handbook on human rights and disseminating it to schools and
colleges, training smaller NGOs, and women's rights groups in
developing countries
-​ NGOs provide training in areas as diverse as election monitoring, trial
observations, a database of human rights violations, training to
judges, lawyers, parliamentarians, journalists, prison officials and so
on.

QUESTION: CHALLENGES TO SOVEREIGNTY WITH HUMAN RIGHTS

Treaty bodies as monitoring mechanisms of human rights

-​ Treaty bodies: the human rights treaty bodies are committees of independent experts
that monitor the implementation of the core international human rights treaties. Each
state party to a treaty must take steps to ensure that everyone in the state can enjoy
the rights set out in the treaty.
-​ There are ten human rights treaty bodies composed of independent experts of
recognised competence in human rights, who are nominated and elected for fixed,
renewable terms of four years by state parties.
-​ Human rights treaties ---> human rights treaty bodiesICCPR→ HRC, ICESCR →
CESCR, ICERD→ CERD, CEDAW→ CEDAW, CAT---> CAT
-​ The treaty bodies perform several functions following the provisions of the treaties
that established them, their thematic focus and the working method all differ slightly,ly
but in general are:-
-​ Consider state parties' reports
-​ Each state party is also under an obligation to submit periodic reports
to the relevant treaty body on how the rights are being implemented
-​ In addition to state parties' reports, the treaty bodies may receive
information on a country's human rights situation from other sources,
including national human rights institutions
-​ In the light of all the information available, to relevant treaty bodies
examine the report in the presence of a state party delegation, based
on this constructive dialogue, the committee publishes its concerns
and recommendations referred to as ‘concluding observations’
-​ In 2014, the General Assembly, through its resolution 68/26,
encouraged the human rights treaty bodies to offer to state parties for
their consideration the simplified reporting procedure (SRP) and to set
a limit on the number of questions included in the list of issues before
reporting. It also encourages state parties to consider the possibility of
using the SRP, when offered, to facilitate preparation of the reports
and the interactive dialogue on the implementation.

-​ Consider individual complaints

-​ The complaint mechanism is the ability of individuals to complain
about the violations of their rights in an international arena, which
brings real meaning to the rights contained in human rights treaties.
-​ There are three kinds
-​ Individual communication

Eight of the ten committees can receive petitions from

individuals. Any individual who claims that their rights under
the treaty have been violated by the state party to that treaty
may bring a communication before the relevant committee,
provided that the state has recognised the competence of the
committee to receive such complaints and that domestic
remedies have been exhausted

In addition, the international convention on the protection of the

rights of all migrant workers and members of their families
contains provisions for individual communication to be
considered, but these are not yet operative.

Example - a person in Argentina held in detention requires

specific medical attention and was denied part of that medical
attention, as a consequence, the person took their case to the
CRPD. In 2014, the committee found that Argentina had failed
to comply with provisions of the treaty and provided
 reparations to the complainant, which Argentina subsequently
complied with.

Example - Kazakhstan - individual communication ot the

committee against torture in 2007, NGO filed a complaint for
violation against Alexander Gerasimov, Kazakhstan
subsequently provided reparation to the victim with the amount
of 13000 USD.

-​ inter-state complaints

Inter-state complaints, also known as inter-state

communication or state-to-state complaints, are a way for a
state to bring a complaint to a treaty body about another state's
alleged treaty violations. Both states must be parties to the
treaty to use this procedure

Example - Qatar v Kingdom of Saudi Arabia and Qatar v UAE,

In August 2019, the committee decided to take jurisdiction over
these communications. The committee appointed members of
ad hoc conciliation commissions to help the state reach an
amicable resolution.

Examples: Palestine vs Israel, Georgia vs the Russian

Federation.

-​ inquiries

-​ Conduct country inquiries

-​ Six of the committees may initiate country inquiries if they receive
reliable information containing a well-founded indication of serious,
grave or systematic violations of the convention in a state party.
-​ The procedure may be initiated if the committee receives
reliable information indicating that the rights contained in the
convention it monitors are being systematically violated by the
state party
-​ The committee invites the state party to cooperate in the
examination of the information by submitting observations
-​ The committee may, based on the state party’s observations
and other relevant information available to it, decide to
designate one or more of its members to conduct an inquiry
and report urgently to the committee. Where warranted and
with the consent of the state party is concerned, an inquiry
may include a visit to its territory
-​ The findings of the members are then examined by the
committee and transmitted to the state party together with any
comments and recommendations
 -​ The state party is requested to submit its observations on the
committee's findings, comments and recommendations within
a specific time frame and were invited by the committee to
inform it of the measures taken in response to the inquiry.
-​ The inquiry procedure is confidential, and the cooperation of
the state party shall be sought at all stages of the proceedings
-​ Examples: CEDAW enquiry on indigenous women in Canada:
This inquiry was conducted in 2015. This inquiry was initiated
by the Feminist Alliance for International Action and the native
Women's Associations of Canada. These two organisations
alleged grave and systematic violations of CEDAW concerning
the disproportionately high levels of violence experienced by
Aboriginal women and girls in Canada.

-​ Follow-up Procedures
-​ The committee on economic, social and cultural rights applies a
follow-up procedure whereby it identifies up to three recommendations
in its concluding observations that require urgent actions and should
be attainable within 24 months. The state parties are required to
respond to the selected recommendations within 24 months. It will
constitute the follow-up report and will be made public on the webpage
of the committee.
-​ Adopt general comments and organise thematic discussions to interpret the
provisions of their treaty or treaties.
-​ Attend the annual meeting of chairpersons
-​ Contribute to the treaty body strengthening process

Human rights development

1)​ 2018: US family separation policy: under Trump's “zero tolerance” immigration policy,
thousands of children were separated from families at the US-Mexico border,
sparking global condemnation.
2)​ 2018: Venezuela’s crisis deepens: massive protests over shortages, repression and
extrajudicial killing and a harsh government crackdown.
3)​ 2018: Myanmar Rohingya atrocities: continue failure to ensure justice or safety for
Rohingya refugees after the 2017 ethnic cleansing
4)​ 2018: UN multilateral treaty event: highlighted new human rights treaties opened for
signature and progress toward universal participation
5)​ 2019: Brazilian Amazon threats: under Bolsonaro, attacks on indigenous rights and
environment defenders escalated
6)​ 2019: Hong Kong protests: Mass demonstrations against the extradition bill evolved
into a broader pro-democracy movement; police used excessive force.
 7)​ 2019: China's surveillance of Uyghurs: Massive internment and digital surveillance of
Uyghurs in Xinjiang continue with little accountability.
8)​ 2020: COVID-19 and rights suppression: governments worldwide used the pandemic
to suppress dissent and consolidate power
9)​ 2020: George Floyd's murder: police killings in the US sparked a global
remembrance of racial injustice. Led to the black lives matter movement
10)​2020: Nagorno-Karabakh conflict: civilians in Armenia and Azerbaijan suffered rights
abuses amid renewed fighting.
11)​2021: Taliban takeover of Afghanistan: reimposed harsh restrictions on women and
media after US withdrawal.
12)​2022: Russia invades Ukraine; widespread human rights violations, forced
displacement and infrastructure destruction

International Criminal Court

-​ The ICC was created by signing the Rome Statute in 1998. The treaty that governs
the ICC is the Rome Statute, was ratified in 2002.
-​ The Rome Statute was signed at a conference of delegates from 160 states, 33
IGOs, and a coalition of 236 NGOs in Rome in 1998.
-​ In 2002, the ICC was established after 60 states ratifications

-​ The ICC covers four war crimes

a)​ Genocide: intent to destroy in whole or in part a national, ethnic, racial
or religious group by killing its members or by other means
b)​ The ICC can prosecute crimes against humanity, which are serious
violations committed as part of a large-scale attack against any civilian
population, Murders, rape, imprisonment, enslavement, etc.
i)​ Yazdis used a sexual slave → case study
c)​ War crimes are grave breaches fo the Geneva Convention in the
context of armed conflict and include, for instance, the use of child
soldiers, the killing or torture of persons such as civilians or prisoners
of war
d)​ Crimes of aggression. It is the use of armed force by a state against
the sovereignty, integrity or independence of another state. The
definition of this crime was adopted through amending the Rome
statute at the first review conference of the statute in kampala, uganda
in 2010

Problems with ad-hoc tribunals :

-​ They were a step forward as they prosecuted individuals rather than states, also
rejected the principle of sovereign immunity.
 -​ But criticised because they prosecuted individuals for crimes which were not yet
defined under international law
-​ These tribunals doled out victors justice.

Legal process in ICC

-​ After crimes occur

-​ Preliminary examinations - investigations - pre trials stage - trial stage -
appeals stage - enforcement of sentence
-​ The court may exercise jurisdiction in a situation where genocide, crimes
against humanity or war crimes were committed on or after 1 july 2002 and:
-​ The crimes were committed by a state party national, or in the territory of a
state party, or in a state that has accepted the jurisdiction of the court; or
-​ The crimes were referred to the ICC prosecutor by the UNSC pursuant to a
resolution adopted under chapter 7 of the UN charter

Important case studies

-​ Muanmmar al-Qaddafi (libya) - the SC referred the situation to ICC in 2011, killed,
son is a fugitive.
-​ Omar al- Bashir (Sudan)- war crimes in Darfur escaped, government not handing
over
-​ Uhuru Kenyatta (Kenya) - ICC began investigation in 2010, won presidency in 2013,
court dropped charges as government was unresponsive, witness tampering

Limitations of ICC

-​ Set up in 2003, first case in 2009 when Congolese Warlord Drill was tried.
-​ Depends on cooperation of state lacks authority → example kenya lack of
participation by three permanent members of the UNSC on the ground that it
undermines national sovereignty- undermines legitimacy of the court
-​ Of the 40 cases heard, most are from Africa → selective justice
-​ Too expensive, expenses born by the states

Role of national courts, National institutions

-​ ICC complements the role performed by national courts

Cultural Relativism and Universalism
Cultural Relavitism : the theory that beliefs, customs, and morality exist in relation to the
particular culture from which they originate and are not absolute.: "there remains a tension
between cultural relativism and universal rights".

-​ Assimilation: forces cultural homoginisation

-​ Integration : secular, safeguards, expemptions

Universalism: The Western pursuit of unification of all human beings across geographic
and other boundaries under Western values