International Charter of Human Rights

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The International Human Rights Charter (French Charte Internationale des droits de l'homme , English International Bill of Human Rights ) is the basis of international human rights created by the UN (Art. 3 Para. 1 and Art. 55 lit. c of the UN Charter ). It is sometimes referred to as the International Human Rights Code.

Content of the Charter of Human Rights

According to the UN, the International Charter of Human Rights consists of:

In UN parlance, the Universal Declaration of Human Rights , the Civil and Social Pacts together form the International Bill of Human Rights . Contrary to popular belief, the UDHR is not a treaty under international law, but the basis for the civil pact in which the human rights defined in the UDHR were implemented as a treaty under international law.

genesis

After the founding of the UN, the Economic and Social Council (ECOSOC) was commissioned to create a human rights convention ( International Bill of Rights ) as a binding treaty under international law. The ECOSOC sat for the United Nations Commission on Human Rights (Engl. Commission on Human Rights ) a. First, the definition of human rights was created as a contractual basis (in the sense of the Memorandum of Understanding ), which was done with the General Declaration of Human Rights UDHR . This was in the UN Res. A / RES / 3/217 (III) International Bill of Human Rights adopted by the UN General Assembly and mandated to the Economic and Social Council to create a human rights convention based on the UDHR ( Preparation of a Draft Covenant on Human Rights and Draft Measures of Implementation ).

Throughout their history, these agreements have been referred to as Draft International Covenants on Human Rights (see Part E of UN Res. 217 (III). International Bill of Human Rights ).

Since the UN was unable to come to an agreement, the creation of an international law-based treaty based on the UDHR was delayed. That is why two agreements were drafted, one for the International Covenant on Civil and Political Rights and one for the International Covenant on Economic, Social and Cultural Rights . The disputed points, the right to individual complaints and the abolition of the death penalty were excluded and regulated in the separate additional protocols. A state complaint was also planned, according to which a state could lodge a complaint against another state with the responsible UN control body if it did not comply with the agreement. This has been changed so that a state must expressly consent to the state complaint procedure when concluding a contract.

Although in the UN Res. International Bill of Human Rights provided for a right to lodge a complaint, this was changed so that the states must expressly consent to the right to lodge an individual complaint when the contract is concluded and the supervisory body responsible for this is not a court, but only a commission that makes non-binding recommendations. Access to the International Court of Justice is restricted to states only, not to people.

The last draft treaty ( Draft International Covenants on Human Rights ) was submitted by ECOSOC to the UN General Assembly on December 13, 1966 and adopted in UN resolution 2200 (XXI) on March 23, 1976. The creation of this international treaty package therefore took over 30 years - the contract was awarded on February 15, 1946.

Other contracts based on the UDHR

The UDHR contains the human rights defined by the UN as a contractual basis, a “Memorandum of Understanding” of the UN. Based on the UDHR, the UN created further international, legally binding treaties in which the preamble also refers to the UDHR.

UN treaties

Regional contracts

There are also regional contracts based on the UDHR, i. S. v. "Regional Bill of Human Rights"

criticism

The UN created the International Bill of Human Rights as the foundation of human rights . In the event of grievances, there is still no effective remedy to remedy the situation, since it is still the states who decide whether or not to grant those subject to the law the rights guaranteed by international law.

Voltaire is quoted as saying: It is dangerous to be right when the government is wrong. (Il est dangereux d'avoir raison dans des choses où des hommes accrédités ont tort.)

There is a contradiction between the UN in the International Bill of Human Rights made the prospect of rights and the fact that the responsible for the prohibition of torture Committee around 75% of the complaints examined to Art. 3 FoK refer the expulsion ban in case of imminent torture ( non-refoulement) , although these countries of origin ratified the civil pact and there in Art. 7 i. V. m. Art. 4 Par. 2 IPBPR the prohibition of torture was defined as mandatory international law. However, the applicants fled because they could not exercise their rights in their countries of origin. As a result, the Committee found the most violations of the prohibition of torture in countries such as Sweden , Denmark , Canada , etc., and not in the countries of origin. Thus, the committee is not examining the causes, but the symptoms - an admission by the UN that the complainants cannot exercise their rights in their country of origin.

Only some of the complaints submitted to the UN are forwarded to the responsible committee, as it does not have the capacity to examine all the complaints submitted. Once the complaint has been forwarded to the committee, it can only make a recommendation to the state. It is then at the discretion of states whether or not to act on the recommendations of the committee, making those rights listed in the International Bill of Human Rights unenforceable.

literature

See also

Websites

Individual evidence

  1. ↑ La Charte Internationale des droits de l'homme. Published by: UNO, accessed on April 3, 2019 (French).
  2. ↑ Axel Herrmann: Struggle for human rights. In: Human Rights. Published by: Federal Agency for Civic Education , (bpb), accessed on April 3, 2019 .
  3. ↑ Charter of the United Nations. In: Liechtenstein Collection of Laws . Retrieved April 3, 2019 .
  4. ^ Christian Tomuschat: Introductory Note. Historical context. In: International Covenant on Civil and Political Rights. Hrsg: Office of Legal Affairs - UN Library of International Law, accessed on April 3, 2019 (English, After the horrors of World War II, a broad consensus emerged at the worldwide level demanding that the individual human being be placed under the protection of the international community.).
  5. ^ The International Bill of Human Rights. (PDF) In: Fact Sheet No.2 (Rev.1). Published by UNHCHR , accessed April 3, 2019 .
  6. ↑ chap. A. The International Bill of Human Rights. (PDF) ST / HR / 1 / Rev.6 (Vol. I, Part 1). In: Compendium of Treaties and Resolutions of the UN. Ed: UNHCHR , December 10, 1948, p. 1 of 470 , accessed on April 3, 2019 (English, 2.06 MB).
  7. ↑ The International Charter of Human Rights. In: Human Rights. Published by: UN German Translation Service, accessed on April 3, 2019 .
  8. ^ International Bill of Human Rights. In: A Human Rights Glossary. Hrsg: Human Rights Resource Center - University of Minnesota, accessed on April 3, 2019 (English, International Bill of Human Rights: The combination of the Universal Declaration of Human Rights (UDHR), the International Covenant on Civil and Political Rights (ICCPR) and its optional Protocol, and the International Covenant on Economic, Social, and Cultural Rights (ICESCR).).
  9. ↑ Fact sheet 5: The International Bill of Rights. Published by: Australian Human Rights Commission, accessed April 3, 2019 .
  10. ^ International Bill of Human Rights. Published by: ESCR-Net - International Network for Economic, Social & Cultural Rights, accessed on April 3, 2019 (English).
  11. ^ A b International Covenant on Civil and Political Rights. Civil Pact, IPbpR. In: Liechtenstein Collection of Laws (LILEX). Retrieved April 3, 2019 .
  12. ↑ Ratification status of the civil pact - status of treaties. In: UN Treaty Collection (UNTC). Retrieved April 3, 2019 .
  13. ^ 1. FP on the civil pact for individual complaints. IPbpR 1st FP. In: Liechtenstein Collection of Laws (LILEX). Retrieved April 3, 2019 .
  14. ↑ Ratification status from 1st FP to the civil pact - status of treaties. for individual complaints. In: UN Treaty Collection (UNTC). Retrieved April 3, 2019 .
  15. ^ 2. FP on the civil pact to abolish the death penalty. IPbpR 2nd FP. In: Liechtenstein Collection of Laws (LILEX). Retrieved April 3, 2019 .
  16. ↑ Ratification status of the 2nd FP on the civil pact - status of treaties. Abolition of the death penalty. In: UN Treaty Collection (UNTC). Retrieved April 3, 2019 .
  17. ↑ International Covenant on Economic, Social and Cultural Rights (IPwskR). In: Liechtenstein Collection of Laws (LILEX). Retrieved April 3, 2019 .
  18. ^ Status of ratification of the Social Pact - Status of Treaties. In: UN Treaty Collection (UNTC). Retrieved April 3, 2019 .
  19. ↑ Optional protocol to the social pact. Text in German translation. Published by: German Institute for Human Rights , accessed on April 3, 2019 .
  20. ↑ Status of ratification of the Additional Protocol to the Social Pact - Status of Treaties. In: UN Treaty Collection (UNTC). Retrieved April 3, 2019 .
  21. ↑ Bardo Fassbender: From the general declaration to binding contracts. In: Idea and claim of human rights in international law. Published by: Federal Agency for Civic Education , (bpb), accessed on April 3, 2019 .
  22. ↑ Implementation of human rights instruments. (PDF) 50 years anniversary. Published by: UN General Assembly , October 19, 2016, p. 2 , accessed on April 3, 2019 (English, Half a century ago, the General Assembly adopted the two International Human Rights Covenants, completing the Universal Declaration of Human Rights to form the International Bill of Human Rights .).
  23. ^ Antônio Augusto Cançado Trindade: Procedure - creation of the ECOSOC. In: Universal Declaration of Human Rights. Ed: Office of Legal Affairs - UN Library of International Law, accessed on April 3, 2019 (English, The Preparatory Commission of the United Nations, which met immediately after the closing of the San Francisco Conference, recommended that the Economic and Social Council should , at its first session, establish a commission for the promotion of human rights as envisaged in Article 68 of the Charter.).
  24. ↑ a b Report of the committee of the organization on the EcoSoc. (PDF) Ed .: Economic and Social Council , February 15, 1946, accessed on April 3, 2019 (English, p. 3: (a) an International Bill of Rights).
  25. ↑ Provisional Agenda for the 1st Session. Published by: Economic and Social Council , January 24, 1947, accessed on April 3, 2019 (p. 1, item 8, International Bill of Rights).
  26. ^ Commission on Human Rights. In: E / RES / 9 (II). June 21, 1946, SS 521 Human Rights in International Treaties , accessed on April 3, 2019 (Pending the adoption of an international bill of rights, the general principle shall be accepted that international treaties involving basic human rights, including to the fullest extent practicable treaties of peace, shall conform to the fundamental standards relative to such rights set forth in the Charter.).
  27. ^ Draft Outline of the International Bill of Human Rights. (PDF) In: E / CN.4 / AC.1 / 3. Published by: Economic and Social Council , June 4, 1947, accessed on April 3, 2019 (English).
  28. ^ Plan of Work in Regard to the Bill of Human Rights. (PDF) Ed .: Economic and Social Council , December 17, 1947, accessed on April 3, 2019 (English).
  29. ^ Christian Tomuschat: Introductory Note. Definition in the UN Charter. In: International Covenant on Civil and Political Rights. Hrsg: Office of Legal Affairs - UN Library of International Law, accessed on April 3, 2019 (English, The Charter contains references to human rights in the Preamble, among the purposes of the Organization (Article 1) and in several other provisions (Articles 13, 55, 62 and 68). Immediately after the actual setting up of the institutional machinery provided for by the Charter, the new Commission on Human Rights began its work for the creation of an International Bill of Rights. In a first step, the Universal Declaration of Human Rights was drafted, which the General Assembly adopted on 10 December 1948.).
  30. ↑ Universal Declaration of Human Rights. UN-Res A / RES / 3 / 217A (III). In: Part A of UN Res. 217 (III). International Bill of Human Rights . Published by: UN General Assembly , December 10, 1948, accessed on April 3, 2019 .
  31. ^ International Bill of Human Rights. UN-Res A / RES / 3/217 (III). Published by: UN General Assembly , December 10, 1948, accessed on April 3, 2019 .
  32. ↑ a b 217 E (III). Preparation of a Draft Covenant on Human Rights and Draft Measures of Implementation. UN-Res A / RES / 3/217 E (III). In: Part E of UN Res. 217 (III). International Bill of Human Rights . Published by: UN General Assembly , December 10, 1948, accessed on April 3, 2019 .
  33. ^ Report of the Commission on Human Rights (sixth session). (PDF) Resolutions of. In: E / RES / 303 (XI). Hrsg: Wirtschafts- und Sozialrat , August 9, 1950, accessed on April 3, 2019 (English, C) Notes, further, the decision of the Commission to proceed at its seventh session with the consideration of additional covenants and measures dealing with economic, social, cultural, political and other categories of human rights, and to consider additional proposed articles included in Annex III to its report of the sixth session, together with any other articles which might be further proposed by Governments).
  34. ^ Report of the Commission on Human Rights (sixth session). (PDF) In: E / Res / 384 (XIII). August 29, 1951, p. 2, section C , accessed April 3, 2019 (English, (a) To political and civic rights, (b) To economic, social and cultural rights,).
  35. ^ Preparation of two Draft International Covenants on Human Rights. (PDF) In: UN Res. A / Res / 543 (VI). Published by: UN General Assembly , February 5, 1952, accessed April 3, 2019 .
  36. ^ Draft International Covenants on Human Rights. (PDF) Note by the Secretary-General. In: A / 6342. Published by: UN General Assembly , July 19, 1966, accessed on April 3, 2019 .
  37. ↑ 217 B (III). Right of petition. In: Part B of UN Res. 217 (III). International Bill of Human Rights . Published by: UN General Assembly , accessed on April 3, 2019 (English).
  38. ↑ The final draft: Draft International Covenants on Human Rights. (PDF) In: A / 6546. Published by: Economic and Social Council , December 13, 1966, accessed on April 3, 2019 (English).
  39. ↑ Resolution adopted by the General Assembly 2200 (XXI) A - C. Ed .: UN General Assembly , accessed on April 3, 2019 (English).
  40. ^ Resolution adopted by the General Assembly. UN Res. A / RES / 21/2200. Published by: General Assembly, December 16, 1966, accessed April 3, 2019 .
  41. ↑ ABC of the United Nations. (pdf) Human rights pacts and their review bodies, 9th edition (as of May 2017). Ed: Foreign Office of Germany , p. 155 , accessed on April 3, 2019 .
  42. ↑ Global protection of human rights. (PDF) In the UN system, the "International Bill of Rights" .. In: ABC der Menschenrechte; Bern, 2016 (2nd revised edition). Published by: Federal Department of Foreign Affairs (FDFA), p. 7 , accessed on April 3, 2019 .
  43. ↑ a b c Convention on the Elimination of All Forms of Racial Discrimination. In: Liechtenstein Collection of Laws . Retrieved April 3, 2019 .
  44. ^ Status of ratification of the ICERD agreement - Status of Treaties. In: UN Treaty Collection (UNTC). Retrieved April 3, 2019 .
  45. ↑ Convention on the Rights of the Disabled. In: Systematic collection of Swiss federal law . Retrieved April 3, 2019 .
  46. ^ Status of ratification of the Disability Rights Convention - Status of Treaties. In: UN Treaty Collection (UNTC). Retrieved April 3, 2019 .
  47. ↑ Convention on the Rights of the Child (CRC). Published by: Liechtenstein Collection of Laws (LILEX), accessed on April 3, 2019 .
  48. ^ Ratification status of the Convention on the Rights of the Child - Status of Treaties CRC. In: UN Treaty Collection (UNTC). Retrieved April 3, 2019 .
  49. ^ Migrant Workers Convention (WAK). (pdf) Translation in German. Published by: German Institute for Human Rights , accessed on April 3, 2019 .
  50. ^ Status of ratification of the Migrant Workers Convention - Status of Treaties. In: UN Treaty Collection (UNTC). Retrieved April 3, 2019 .
  51. ↑ a b Ratification status of the Anti-Torture Convention - Status of Treaties. In: UN Treaty Collection (UNTC). Retrieved April 3, 2019 .
  52. ↑ International Convention for the Protection of All Persons from Enforced Disappearance. In: Systematic collection of Swiss federal law . Retrieved April 3, 2019 .
  53. ^ Ratification status of the Anti-Racism Convention - Status of Treaties. In: UN Treaty Collection (UNTC). Retrieved April 3, 2019 .
  54. ↑ African Charter on Human and Peoples' Rights. In: Other regional instruments. Published by Humanrights.ch , accessed on April 3, 2019 .
  55. ↑ AFRICAN (BANJUL) CHARTER ON HUMAN AND PEOPLES 'RIGHTS. (PDF) Retrieved April 3, 2019 .
  56. ↑ American Convention on Human Rights - AMRK. In: Other regional instruments. Published by Humanrights.ch , accessed on April 3, 2019 .
  57. ^ American Convention on Human Rights. (PDF) Retrieved April 3, 2019 .
  58. ↑ Arab Charter of Human Rights. In: Other regional instruments. Published by Humanrights.ch , accessed on April 3, 2019 .
  59. ^ Arab Charter on Human Rights. (PDF) Ed: Boston University International Law Journal, June 26, 1905, accessed April 3, 2019 .
  60. ^ ASEAN Declaration of Human Rights. In: Other regional instruments. Published by Humanrights.ch , accessed on April 3, 2019 .
  61. ↑ ASEAN Human Rights Declaration. (PDF) Retrieved April 3, 2019 .
  62. ↑ Cairo Declaration of Human Rights in Islam. (PDF) Retrieved April 3, 2019 .
  63. ^ Voltaire (François Marie Arouet) 1694-1778. In: Quotes from Voltaire. Retrieved April 3, 2019 .
  64. ↑ Recent jurisprudence. In: Collection of the decisions of the UN Committee against Torture. Ed: CAT , accessed on April 3, 2019 (English, the complaints already denied by the secretariat are not included there).