Human Rights Protections In International Agreements

23 09 2021

There is currently no international human rights management tribunal, but there are quasi-judicial bodies under some UN treaties (such as the Human Rights Committee under the ICCPR). The International Criminal Court (ICC) has jurisdiction over genocide, war crimes and crimes against humanity. The European Court of Human Rights and the Inter-American Court of Human Rights apply regional human rights standards. 34.De many commentators believe that there are strong arguments in favour of standard exclusion and suspension clauses, but that they must cooperate as a set of human rights clauses and, above all, that they must be enforceable. Our witness, Dr. Sam Fowles highlighted three reasons why standard exception and suspension clauses were important: (i) international agreements are legally concluded, so the protection of human rights must be explicitly included in the text of this agreement; (ii) international agreements create special classes of rights, so that human rights must enjoy equivalent protection under the agreement; and (iii) Human rights arguments are rarely taken into account unless there is an explicit request to do so.36 There are a number of reasons for concern to rely on standard clauses to tackle many human rights issues […] including: the international human rights movement was strengthened when the UNITED Nations General Assembly adopted the Universal Declaration of Human Rights (EMIS) on 10 December 1948. The Declaration, formulated as a “common standard of performance for all peoples and nations”, establishes, for the first time in human history, fundamental civil, political, economic, social and cultural rights that all human beings should enjoy. Over time, it has been widely accepted as the core human rights standards that everyone should respect and protect. The UDHR forms, together with the International Covenant on Civil and Political Rights and its two Optional Protocols, as well as the International Covenant on Economic, Social and Cultural Rights, what is known as the “Bill of Human Rights”. Others, such as Henry Kissinger,[47] argue that “the general agreement that human rights violations and crimes against humanity must be prosecuted has hindered active consideration of the appropriate role of international tribunals . .

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