The international protection of human rights, Apuntes de Idioma Inglés

¡Descarga The international protection of human rights y más Apuntes en PDF de Idioma Inglés solo en Docsity! tem 16: The international protection of human rights 1. - The protection of rights and freedoms of individuals in international law. Evolution, scope and significance. In connection with the process of humanization of contemporary international law, appears from the second half of the twentieth century a set of rules dedicated to the international protection of the individual is known as the International Law of Human Rights. These new international systems of promotion and protection of human rights emerged from the late nineteenth century, defining various institutions which contribute to the protection of the human person. Were regulated "abhorrent practices" (such as slavery, trafficking in narcotics and white slavery) consolidated the art of diplomatic protection, etc.. Within the League of Nations established specific protection regimes of minorities in Europe and the protection of the territories subject to the system of mandates. The great innovation introduced by the international law of human rights is the presence in all systems that comprise an essential element, consideration of the individual and his dignity as an autonomous value of the International Society. Ensuring the effective enjoyment of human rights becomes the immediate and sole purpose of protection systems. The international law of human rights is emerging as a mechanism for protecting individuals and as an institution guaranteeing a core value of the International Society, whose importance has been highlighted in the Second World Conference on Human Rights held in Vienna in 1993, the proclaim that the promotion and protection of human rights is a priority issue for the international community. This new international law of human rights is the result of an evolutionary process in which skills have been linked derived state sovereignty, and the interest of the International Society for the new value of the basic human protection. There has been overcoming the old principle of the exclusive competence of the state and its replacement by a new conception that defines human rights as a matter of international concern. The result of this process has been the definition of rights set forth substantive rules, some of which have come on the block has integrated the rules of jus cogens. Alongside them procedural rules defined control mechanisms that offer protection to the individual against the state. Both corms up international systems of human rights protection, which can be classified into two blocks, universal systems, which are developed in the framework of the UN system and regional systems, linked with the Council of Europe, the Organization of American States and the Organization of African Unity. Although each of these systems has its own characteristics, the unity of the international law of human rights is reflected in the existence of features common to all of them: They are protecting the individual systems in itself considered, in relation to the state. Warranty obligations of rights is directed to state and activities are attributable to the State under international control and supervision. International systems are subsidiary to the protection of human rights domestically. International systems of promotion and protection of human rights always arise and develop within an international organization that offers support ideological, institutional and material, which ensures the survival and autonomy of each of the systems. The international human rights systems integrate a regulatory block dedicated to the codification and definition of fundamental rights and the establishment of international control structures of state behavior. The protection of human rights in each system is exercised through different techniques that always lead back to international control techniques whose purpose is to assess the adequacy of the behavior of a state with international obligations that are enforceable. In international systems of human rights protection produces a rapprochement between protection activities in the strict sense (control and monitoring of state behavior) and advocacy (policy development, advisory services programs and technical assistance). The universal declaration of human rights. The Universal Declaration of Human Rights was adopted by the General Assembly in Resolution 217 A (III) of December 10, 1948. The Declaration consists of 30 articles that, based on the proclamation of the principles of freedom, equality and non-discrimination, are collected together civil and political rights and economic, social and cultural rights. It also establishes the right of every individual to establish a social and international order in which the rights and freedoms can be fully realized. The exercise of these rights may be restricted only by law, to protect the rights of others or to meet the requirements of morality, public order and the general welfare in a democratic society. The bill of rights is complemented by a brief statement of duties, which states that everyone has duties to the community in which alone the free and full development of his personality. Despite its lack of legally binding required a number of rights contained in the Declaration (the right to life, to physical integrity, to liberty and security, to effective judicial protection, etc..), But not all of them, nor of the statement considered as a whole. It is possible to consider the Declaration of Human Rights as a model material to evaluate the adequacy of the behavior of States to international minimum standard of human rights. Apart from any consideration, this text has played an basic moralistic, inspiring many of the subsequent regulatory developments on human rights, both internationally and internally. Two. - The system of human rights protection in the united nations In the San Francisco Conference were included in the UN Charter few references to human rights. The Charter contains two types of norms concerning human rights. In one group, rules of substance, according to them, the UN promotes international cooperation in promoting and encouraging respect for human rights and fundamental freedoms for all without distinction as to race, sex, language or religion, in order to create the conditions of stability and well-being necessary for peaceful and friendly relations among nations based on respect for the principle of equal rights and self- The European Convention incorporates the rights and principles contained in the Universal Declaration of 1948 and imposes specific obligations on States. Sets a control system which includes the ability for individuals to submit individual complaints against the state, allowing the recognition of authentic speaking individual rights in favor of the individual, which correspond to state obligations enforceable internationally. As rights under the European Convention includes civil and political rights enshrined in the constitutional traditions of Western European states. Coupled with the right to life and personal integrity are recognized rights to liberty and security, right to a fair trial, the right to private and family life, the right to privacy and inviolability of the home and the correspondence, freedom of thought, conscience and religion, freedom of speech, expression and association and the right to marry and form a family. These substantive rights are complemented with the principle of non-discrimination in the enjoyment of rights and the right to bring an action before the national court to defend any of the rights. The European Convention has been completed with twelve additional protocols adopted between 1952 and 2000. Through them has carried out a protection system modification and expansion of the protected rights. The latter have proclaimed the right to private property, to the instruction and free elections, the right to free movement and residence within the country of which one is a national, not to be expelled, to come and go freely from the same , the prohibition of mass expulsions of foreigners, the abolition of the death penalty, the prohibition of imprisonment for debt, the right to an appeal in any criminal proceedings, the right to apply the principle of non bis in idem in criminal proceedings brought , the right to compensation for miscarriage of justice and the right to equality of spouses in marital and parent-child. The rights recognized in the Convention Protocols automatically oblige the states, which can only introduce limits on the scope of the same through the making of reservations or through limitations on the rights authorized by the Convention. The most important protection mechanism of the rights enshrined in the European Convention on Human Rights is the European Court of Human Rights. It is a permanent court composed of judges elected by the Parliamentary Assembly of the Council of Europe. The Court has jurisdiction to exercise both contentious and advisory function, always in relation to the 1950 Convention and its Protocols. The advisory will be exercised at the request of the Committee of Ministers of the Council of Europe and can affect any legal question concerning the interpretation of the Convention and its Protocols. Through the contentious jurisdiction, the court may hear a claim that is submitted by an individual or by a State. For individual claims, the object of it necessarily being an alleged violation of any of the rights recognized in the Convention or its Protocols. The large gap left by the Convention is the protection of economic, social and cultural, that has been remedied by the adoption in 1961 of the European Social Charter or Charter of Turin. The European Social Charter lists a set of principles and rights that have to be taken into consideration by the States Parties to the definition of its economic and social policies. The rights granted can be grouped into three categories: labor law and other rights to the individual in that worker, social rights outside the employment relationship, and the rights of migrant workers. Protected rights have been extended by the Additional Protocol adopted in 1992, ratified by Spain in 2000. They recognize the right to social protection in old age, equal opportunities, non-discrimination on grounds of sex, the right to information, etc.. The rights referred to have expanded in the revised European Social Charter of 1999 in which Spain is not part. The rights enshrined in the European Social Charter and Additional Protocol are payable in full upon States parties. In both cases, States may establish a legal regime to the letter, so choosing only some of the rights set forth, with boundaries established by the Social Charter in any case obliged to recognize the following rights: the right to work, union rights, right to collective bargaining, the right to social security, social and medical assistance, the right to protection of the family and the right of migrant workers and their families to protection. We also find agreements as the European Convention for the prevention of torture and inhuman or degrading treatment or 1989. This Convention has created a committee whose primary function is to carry out visits to places of detention and imprisonment of States parties, to evaluate them respect in the prohibition of torture and other inhuman or degrading treatment or . April. - Other systems and mechanisms of international protection of human rights. The protection of human rights in the inter is mainly composed of the Commission on Human Rights, the OAS and the American Convention on Human Rights. Protecting human rights in Africa is represented by the Organization of African Unity and Human Rights and the African Charter on Human and Peoples. Let's refer to the American Convention on Human Rights as the most relevant. It is also called the Pact of San José. It is dedicated primarily to the protection of civil and political rights, with content similar to the 1950 European Convention and the International Covenant on Civil and Political Rights 1966. The list of protected rights has been extended by the Protocol of San Salvador. The control system provided for in the American Convention is structured around two bodies: the Commission and Court of Human Rights. This Court is a court composed of seven judges. All costs arising from the operation of the Commission and the Court are borne directly by the regional organization, thereby ensuring the permanence and independence of the Commission and the Court in respect of States which may be subject to its jurisdiction. In relation to the control function, the Convention provides three formulas: the study of periodic reports submitted by States, the intergovernmental consideration of complaints and the examination of individual complaints. Item 17: The international economic law - promoting the development 1. - The international economic cooperation. Foundations and institutions of international economic system In development cooperation actors are international organizations, states are less important, only act as economic agents. International organizations and the rules that have been created are the ones in charge of development. Development cooperation as a means of achieving peace is one of the goals of the UN. This objective is achieved in Chapter IX of the Charter, entitled "International cooperation in economic and social development". In the preamble to the UN Charter expresses the political will of states to employ international machinery for the promotion of the economic and social advancement of all peoples. The political will is reflected in the establishment of a system for economic and social cooperation. This system is completed by the coordination of UN activities with other international organizations for specific purposes universal scope in economic and social matters, called specialized agencies. These specialized agencies are coordinated by the UN through ECOSOC. This coordination has been known to wear well, as many international organizations have been created to cooperate in the development but have not been able to organize. Furthermore, in the economic sphere, the rules created are soft law are principles, such as promoting cooperation programs are flexible criteria. Failure to follow these rules carries no penalties harsh, but rather international criticism. Two. - The development cooperation. The performance of the united nations in economic and social spheres In the context of the UN is the organ AG has set the strategy for addressing the problems of underdevelopment. Task has been carried out, in parallel, through the proclamation in 1961 of successive decades of the UN. The history of this procedure was Resolution 1515 (XV), adopted 1960, in which, under the title "concerted action for development", the AG is first raised the need to develop a comprehensive plan which identify the problems of underdevelopment. UN Decades of development. Initially the UN strategy for the development started from the idea that underdevelopment is a certain backwardness in which are developing countries, and that to overcome this situation in developing countries should increase their economic growth counting with the help of developed countries. The different actions of the UN to promote the development of developing countries revolve around two measurable objectives, ensure that developing countries at the end of each decade have reached a specific growth rate (target has increased from a growth of 5% of GDP for the first decade, to 7% for the third decade) and the transfer of resources from developed countries to developing countries representing at least 1% of GDP of developed countries , and that amount is 0.7 ODA. As part of this evolution, the AG acknowledged in 1990 that in most cases are not meeting the goals and objectives of the International Development Strategy, so for the