HUMAN RIGHTS BLOCK 1: EUROPEAN HUMAN RIGHTS SYSTEM Protection and promotion is the first responsibility of governments (Vienna declaration). They are the birthright of all human beings (they belong to every person due to their mere existence – some perhaps exist before or after, but it refers to “at the moment someone is born they are automatically there). Relation between states and individuals. Matter of international concern (it was not always the case) – the idea at the moment is to say “human rights are no longer an internal affair of states – international community defines a set of standards which should be applicable to everyone) – humans are subject to the international rules (not in a proper constitution but in treaties). INTERNATIONAL HUMAN RIGHTS VS. INTERNATIONAL HUMANITARIAN LAW IHL – The laws of war / armed conflict: “Can I kill a person just because he has a different nationality?” – looking at individuals, not rights as such. - The virginia declaration of rights: American war of independence / strong focus on governmental organization: a. All men are by nature equally free and independent. SIGNATURE BUT NO RATIFICATION – Light blue ORANGE – Have not signed SIGNATURE + RATIFICATION – Dark blue Un guarda de una prisión que todos los días entra a pegar a un preso - ¿Es tortura? No, porque no hay “purpose” (lo que no quiere decir que no esté prohibido). ARTICLE 16: Wrongful acts committed by a person acting in an official capacity (not so severe as torture – not all requirements are fulfilled). – article 2.2 is not applicable I DEFINE TORTURE, AND I SAY THAT EVERYTHING THAT DOES NOT APPLY TO TORTURE. TORTURE IS ABSOLUTELY PROHIBITED, NO EXCEPTIONAL CIRCUNSTANCES. Exceptional circumstances for other sort of acts. General OAU – AU Human Rights Treaty Africa: 1 treaty – 1981 (African Charter on Human and People´s Rights). + Additional Protocol on Rights of Older Persons (not in force yet), Additional protocol on rights of persons with disabilities, Special OAU/AU Human Rights Treaties Children (1990) Cross-border refugees (1969) Internal refugees (2009) BANJUL CHARTER – AFRICAN CHARTER: 54 out of 55 MS have signed it (Morocco is missing, but is planning on signing it next year. Not a copy of the ECHR. (dindt take it as a model, but the ICCPR and the ICESR). - Not only rights but duties – only binding document with binding obligations. - Contains third generation rights – meaning collective rights. - First + second – rights of the individual (single person). - It is very easy to restrict HR without violating them. All arab states are muslim, but not all muslims are arabs. – influenced by the arab world and islam (arab charter of HR) – In the preamble you can find a reference to the treaties of the UN and the cairo declaration: takes both as a basis of creating a legally binding treaty. (No es la de 1994 sino la de 2004). - Right of freedom of religion – But the idea of islam is to be find over and over again. Private companies are not themselves bound to HR – THE ONLY WAY IS TO ADOPT A NATIONAL LAW – BECAUSE THEY FALL WITHIN NATIONAL LEGISLATION. Companies apply it voluntarily. “Describe of education and compare it in the European and the African context!” Application of your knowledge - ¿Está la empresa obligada a cumplir leyes nacionales estrictas que respeten los derechos humanos? - ¿Ha adoptado la empresa sus propios códigos de conducta voluntarios para respetar los derechos humanos? - ¿Tiene la empresa su sede en un Estado con un alto nivel de derechos humanos para que las condiciones generales de vida sean buenas? Por qué se retiró marruecos OAU
