human rights law
natural law
human rights: given by god/nature, inherent to being a human being, humanistic perspective
positive law
fundamental rights: given by the people, created by law and regulation, positivists pov
historical milestones (5) for the recognition of rights (individuals) under IL
abolition of slavery
recognition of war crimes
rights and obligations for certain groups (ex: protection of religious minorities)
consular jurisdiction-special rights for nationals in another country
post WW opinion changes
legal instruments
universal declaration of human rights (1948)
self determination
self determination
principle that identifies grps have the right to determine their political status either through independence, association with another state or other political arrangements
universal declaration of human rights (1948)
enlightment rights
elementary civil liberties (act 3-19)
social, political, economic equality (act 20-26)
communal and national solidarity (act 27-28)
limitations to HR in UDHR
Act 29 u1 + u2= corollary of rights and duties
covenants (in the UN) (3)
int. convention on the elimination of all forms of racial discrimination (1965-1969)
int. covenant on civil and political rights (ICCPR) + int. covenant on economic, social and cultural rights (ICESCR) (1966)
regional regimes for the recognition of human rights (4)
European convention for the protection of human rights and fundamental freedom (ECHR) (1950-53)
american convention on human right (ACHR) (1969/1978)
african charter on human people rights (AchHPR) (1981/2016)
asian declaration of human rights (2012)
physical integrity rights (3)
prohibition of ethnic cleansing and genocide
freedom from torture
prohibition of human traficking
civil and political rights (5) + limitations (2)
freedom of expression, assembly and association
freedom of speech
freedom of religions
freedom from arbitory arrest
right to fair trial
limitations: freedom of speech and defamation + religion and freedom of speech
social, eco and cultural rights (3)
labour rights (incl freedom from discrimination)
social security
cultural rights
third generation rights (3)
self determination
minorities
genocide
important human rights documents (5)
UDHR (1948)
ECHR (1953)
ICCPR (1966)
ESC
national consitutions