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Understanding Human Rights Principles

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0% found this document useful (0 votes)
48 views61 pages

Understanding Human Rights Principles

Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PPTX, PDF, TXT or read online on Scribd

INTRODUCTION

TO HUMAN RIGHTS
What is human
rights?
In your understanding,
what is it about?
A right is a requirement or
entitlement that we can make or
request without any doubt
What kind of rights do we
have?

RIGHT TO FAIR RIGHT TO


GOODS IN THE
SWING
STORE ELECTIONS ON THE
SWING
THAT IS, PEOPLE HAVE THE RIGHT TO ALL
THIS IF ANOTHER (SECOND) PARTY HAS MADE
APPROPRIATE PROMISES OR GUARANTEES.

GOODS IN THE STORE RIGHT TO FAIR RIGHT TO SWING


ON THE SWING
ELECTIONS
Human rights do not depend on the
promises and guarantees of the
other party
A person's right to life does not depend on another
person's promise not to kill them.
"His life may depend on it, but the right to life does not.
Every person has the right to life by default, simply
because he / she is a human being"
Recognition of human rights
means

doing so in terms of the human rights of everyone:


“I have these rights, no matter what you say or do,
because I am a human being just like you.
Human rights are inherent to everyone.”
But why does this claim
need no justification?

What is it based on?

And why should we believe it?


Human rights merely transfer this understanding
from the individual level to the rest of the world.

If I can make such demands,


then so can anyone else.
The main and most important values that
they are at the heart of any human rights philosophy

Human Rights

Dignity Equalit Freedom Justice


y
The main and most important values that
they are at the heart of any human rights philosophy

Human Rights

Dignity Equalit Freedom Justice


y

State
Dignity - an objective property of a person, his highest
value, a respectful attitude towards a person of other people,
the state, society, recognizing the value of any
individual. Self-esteem is a person's self-consciousness and
awareness of their dignity.
Equality - the demand for the same measure of legal
freedom for all people, regardless of their social
status and living conditions.

This value includes equality before the law and


the courts, equality of rights, freedoms and obligations recognized for
all people equally without discrimination, in particular
equality between men and women, equality between
people with disabilities and civil servants.
Freedom - this is the absence of restrictions and constraints
in anything, the ability to do everything that does not cause
harm to another person. Because the human will is an
important part of human dignity. Being forced to do
something against our will belittles the human person.
Justice - refers not directly to people, but to their
actions, and requires equality of judgment, (equivalence) of labor and pay,
the value of a thing and its price, harm and its compensation.
Because people who are equal in their belonging to the human race
deserve equal or otherwise just treatment.
The main and most important values that
they are at the heart of any human rights philosophy

Human Rights

Dignity Equalit Freedom Justice


y
Human rights represent their fundamental
needs; that is, they establish our basic
standards without which each of us cannot
live a decent life. Human rights signify
equality, human dignity, freedom, justice,
and respect for these values.
Human Rights’
Conceptualization

Approaches

Philosophies Legal

Beliefs and values, Clear legal rules and regulations


philosophical concept effective employees
mechanisms
Human Rights

2 different approaches

Philosophy
Legal

Mid 18th century Mid 20th century 21st


century
All these explanations come down to one thing:
human rights are the rights that you have
every person simply because he or she is a human.
Human rights are the minimum, which guarantees
people the same "human" life,
life in the dignity.
The principles
of human rights
Inherent to
all

Human Univers
al
Rights
Inalienable

Interdependent
Inherent to all

Regardless of race, color, gender, or gender identity.


regardless of their gender identity, sexual orientation, language,
religion, political or other beliefs, national or
social origin, property status, birth or other circumstances, all people
are equally entitled to all human rights. This
is because human rights derive from
the inherent dignity and value of all human beings.
Universal

o Human rights apply equally and without discrimination.


discrimination against every person, no matter where they
are.
o States should promote and protect all human rights
human rights and fundamental freedoms, regardless of
the political, economic and cultural systems in
particular countries.
Inalienable

No one can be deprived of their human rights.

o Human rights can only be restricted in the following cases:


in specific situations and in accordance with due process of law.

For example, the right to freedom may be restricted


if a person is found guilty of a crime by a court.
INTERRELATED,
INTERDEPENDENT AND INDIVISIBLE

It is impossible to prioritize the exercise of rights alone

They are all equally important and equally necessary to respect the
dignity and worth of each individual.

o The exercise of one right facilitates the exercise of others.

o Similarly, the withdrawal of one right is often


it also affects the exercise of other rights.
Адам құқықтары - ұлтына,
дініне, жынысына,
тұрғылықты жеріне … жəне
т.б. қарамастан əркім ие
құқықтар жиынтығы.
Бұл құқықтар жалпыға
ортақ, əмбебап, ажырамас,
жəне өзара байланысты əрі
бөлінбейді, жəне сіздің адам
екеніңізге ғана байланысты
кепілдікке ие.
THE CONCEPT ITSELF

Protect us from the state, which can


turn into a mechanism that violates our rights.
rights ... to
a fair trial, peaceful assembly, and freedom of
expression
freedom of speech, the right to vote in free and
fair elections, freedom of thought and conscience
and religion, and, of course, the right to life.
To illustrate
huma criminal state
n
huma state
n
huma The idea of
Human state
n
rights
After World War II, the
states agreed to create the
United Nations, which is
committed to supporting,
promoting and protecting
the rights of every person.
THE 1948 UNIVERSAL
DECLARATION OF HUMAN
RIGHTS INSPIRES OTHER
HUMAN RIGHTS LAWS AND
AGREEMENTS AROUND THE
WORLD
The UN General Assembly
adopted the Universal
Declaration of Human
Rights.

Proclaims that everyone has


inalienable rights that must
be protected at the national
and international levels,
regardless of race,
nationality, gender,
language, religion, political
or other beliefs.
UDHR
1976 Adopted by the UN on December
16, 1966;
International Entered into force on March 23,
Covenant on civil 1976;
and political rights 167 are mandatory for the state
party;
the implementation of the pact is
monitored by the UN Human
Rights Committee;
1976 Contains 27 articles

International pact
on economic, social Adopted by the UN General
and cultural rights Assembly on December 16, 1966;
Entered into force on January 3,
1976; 162 states participate in the
pact – a state that is not a party to
the pact- the United States;
Contains 15 articles.
Адам БҰҰ-ның Азаматтық жəне
Екінші құқықтарының Босқындар саяси құқықтар
дүниежүзілі жалпыға ортақ мəртебесі туралы туралы
к соғыс декларациясының конвенциясын халықаралық
қабылдануы қабылдау пактіні қабылдау

1939- 1945 г. 1948 г. 1951 г. 1965 г. 1966 г.


1945 гг.

БҰҰ-ның геноцид Нəсілдік Экономикалық,


БҰҰ əлеуметтік жəне
қылмысының алдын кемсітушіліктің
Жарғысының барлық нысандарын мəдени құқықтар
алу жəне ол үшін
қабылдануы жазалау туралы жою туралы туралы
конвенциясын халықаралық халықаралық пактіні
қабылдау конвенцияны қабылдау
қабылдау
Əйелдерге қатысты Барлық еңбекші-мигранттар Мүгедектігі бар
кемсітушіліктің барлық мен олардың отбасы адамдардың құқықтары
нысандарын жою туралы мүшелерінің құқықтарын конвенциясын қабылдау
конвенцияны қабылдау қорғау туралы халықаралық
конвенцияны қабылдау

1979 г. 1984 г. 1990 г. 1998 г. 2006 г.

БҰҰ-ның Азаптауларға жəне Халықаралық Күштеп жоқ қылып


басқа да қатыгез, қылмыстық жіберуден барлық
адамгершілікке жатпайтын, ар- соттың құрылуы адамдарды қорғау үшін
намысты қорлайтын іс- халықаралық конвенцияны
əрекеттер мен жазалау қабылдау
түрлеріне қарсы конвенциясын
қабылдау
The United Nations system includes …

UN organizations around the world


United Nations Charter, Article 1(3)
“…promoting and encouraging respect for
human rights and for fundamental freedoms
for all without distinction as to race, sex,
language, or religion...”

High Commissioner
for Human Rights

OHCHR Treaty bodies

Human Rights Council


Office of the High Commissioner for Human Rights

• General Assembly Resolution


48/141
• Promotes and protects human
rights
• Helps empower people
• Assists governments
• Mainstreams human rights in UN
programmes
Treaty bodies

• Are created by relevant treaty


• Are committees of independent
experts
• Monitor compliance
• Issue recommendations
• Interpret the relevant treaty
• Consider individual complaints
• Conduct inquiries
• Request interim measures
Treaty bodies
Human
Rights International Covenant on Civil and Political Rights
• Committee
ICESCR International Covenant on Economic, Social and Cultural Rights

CERD Convention on the Elimination of All Forms of Racial Discrimination


Convention on the Elimination of All Forms of Discrimination
CEDAW against Women
Convention against Torture and Other Cruel, Inhuman or Degrading
CAT Treatment or Punishment
CRC Convention on the Rights of the Child (1989)
International Convention on the Protection of the Rights of All
CMW Migrant Workers and Members of Their Families
CRPD Convention on the Rights of Persons with Disabilities
Convention on the Protection of all Persons from Enforced
CED Disappearance
Human Rights Council

• Created by General Assembly


Resolution 60/251 of 2006
• Intergovernmental body with 47
members
• Addresses and works to prevent
human rights violations
• Responds to emergencies
• Provides an international forum for human rights
dialogue
• Recommends developments in human rights law
• Reviews countries via Universal Periodic Review
Human Rights Council: Special procedures
• Independent experts appointed by the HRC
• Thematic and country mandates
• Monitor compliance
• Make country visits
• Issue communications and urgent appeals

• Special Rapporteur on the human rights of migrants


• Special Rapporteur on trafficking in persons, especially women
and children
• Special Rapporteur on contemporary forms of racism, racial
discrimination, xenophobia and related intolerance
• Working Group on arbitrary detention
Human Rights Council: Universal Periodic Review

• A peer review of all UN


Member States
• Every four years
• All human rights
obligations
How to engage?

Governments NGOs/CSOs
Document and monitor
• Drafting of State report:
Draft shadow reports
Collect data and
Make oral statements and brief
information; consult with
Committee members, UN staff,
civil society and NHRI;
government officials
submit report
Follow-up at national level
• State review: Dialogue Advocate and raise awareness
between the Committee and
the delegation of the State
• Follow-up at national level
Mechanisms
of civic
participation
Development of an effective civic participation-advocacy strategy

➔ Define your goal


➔ Study and understand the
problem
➔ Define your target audience
➔ Prepare a strategic plan
➔ Create a coalition
➔ Media and communication use
➔ Online platforms
➔ Working with decision makers
➔ Regular monitoring and
evaluation
Civic Participation

Civic participation – active participation of individuals in the


public sphere, in particular, in activities related to public
administration, democracy and community development, with
the aim of contributing to the well-being of society.
Right to participate in the management of the state

● Universal Declaration of human rights, Article 21


● International Covenant on civil and Political Rights, Article 25

● Constitution of the Republic of Kazakhstan, Article 33 “citizens of the Republic of


Kazakhstan have the right to participate directly and through their representatives in the
management of State Affairs, to apply directly to state bodies and local self-government
bodies, as well as to send individual and collective appeals.”

● Constitution of the Kyrgyz Republic Article [Link] have the right to: participate in the
discussion and adoption of laws and decisions of national and local importance;
Civil society

Civil society – a set of social relations and institutions that operate independently of the
political government and are capable of influencing it;

a community of independent individuals and social actors.

A developed civil society is an important condition for the creation of a rule of law state and
its equal partner.

It is also called the “third sector” because it is separate from the state and business
Formal Informal

● Institutionalized civil society: This includes officially ● Civil society based on group interests or a specific
organized groups and institutions such as non- issue: Informal groups and movements that represent
governmental organizations (NGOs), advocacy the interests of certain communities, individuals, or
groups, and professional associations. These groups focus on specific issues.
usually have an organizational structure, clear goals,
and defined membership. ● These may include social movements, spontaneous
protests, or public initiatives that arise without a
● They also include organizations that participate in formal organizational structure. These groups can
policy-making processes, collaborate with arise in response to certain events or social needs.
government agencies, or contribute to legislative
initiatives. They may have more formal ties to
government or intergovernmental bodies.
Service
Provides important services such as
health, education, especially in low-
income public service-deficieny

Roles communities.

Advocacy
By working with or under pressure
from government agencies, the
services demand political change and
reform at the local, national and
international levels.
NGOs|CSOs

● There is no fixed definition


● We often mean an organization that has social significance, and acts independently of the state.
● Such organizations are characterized by the fact that they do not aim for financial enrichment and
profit, hence the reference to the non-commercial nature of NGOs.
● NGOs registered in Kazakhstan are listed in the register

● Public organizations
● Non-profit organizations
● Charitable institutions or organizations
● Voluntary organizations
What are the advantages and
disadvantages of formal and
informal participation paths?
Advocacy is the act of actively supporting a case, idea, or policy to
influence decision-making individuals, raise awareness, and lead to
positive change in social, political, or environmental issues.
Inside lobby Outside lobby

Refers to the actions that are taken to influence


Refers to what individuals or groups have done
public opinion, mobilize communities, inform and
with the aim of directly influencing decision- put pressure on decision makers.
makers, government officials, or politicians.
This can include actions such as public
campaigns and mobilization of public support.

For example, information campaigns, peaceful


This often involves direct interaction with marches, petitions.
government officials, legislators, or other bodies to
shape policies or specific decisions.

For example, meeting with the mayor, joining


working groups, TB.
Thank you

Akzhol Malikov
@hapdoc001
+7 747 490 02 69
[Link]@[Link]

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