Law Enforcement Code of Ethics

The Spread of Human Rights

From Babylon, the idea of human rights spread quickly to India, Greece and eventually Rome. There the concept of “natural law” arose, in observation of the fact that people tended to follow certain unwritten laws in the course of life, and Roman law was based on rational ideas derived from the nature of things.

Documents asserting individual rights, such as the Magna Carta (1215), the Petition of Right (1628), the US Constitution (1787), the French Declaration of the Rights of Man and of the Citizen (1789), and the US Bill of Rights (1791) are the written precursors to many of today’s human rights documents.

12) Human rights: concept, structure.

Rights are entitlements (not) to perform certain actions, or (not) to be in certain states; or entitlements that others (not) perform certain actions or (not) be in certain states.Rights dominate modern understandings of what actions are permissible and which institutions are just. Rights structure the form of governments, the content of laws, and the shape of morality as it is currently perceived. To accept a set of rights is to approve a distribution of freedom and authority, and so to endorse a certain view of what may, must, and must not be done.Rights-assertions can be categorized, for example, according to:

Who is alleged to have the right: Children's rights, animal rights, workers' rights, states' rights, the rights of peoples.

What actions or states or objects the asserted right pertains to: Rights of free expression, to pass judgment; rights of privacy, to remain silent; property rights, bodily rights.

Why the rightholder (allegedly) has the right: Moral rights are grounded in moral reasons, legal rights derive from the laws of the society, customary rights exist by local convention.

How the asserted right can be affected by the rightholder's actions: The inalienable right to life, the forfeitable right to liberty, and the waivable right that a promise be kept

13) Formation of the ideas of the natural rights of man.

Political theorists since the time of the ancient Greeks have argued in support of the existence of natural rights, meaning those rights that men possessed as a gift from nature (or God) prior to the formation of governments. It is generally held that those rights belong equally to all men at birth and cannot be taken away.

The concept of natural rights received one of its most forceful expositions in the writings of Englishman John Locke (1632-1704), who argued that man was originally born into a state of nature where he was rational, tolerant, and happy. In this original existence man was entitled to enjoy the rights of life, liberty and property.

However, not all men chose to live within the confines of the natural laws and presented threats to the liberties of the others. At this stage man entered into a social contract (compact) in which a state (government) was formed to guarantee the rights of the members of society.

Locke believed that the only reason for the existence of government was to preserve natural rights and, by extension, man’s happiness and security.

These ideas were eagerly accepted by many American colonists in the 18th century, an age when political philosophy was widely read and discussed. James Otis made an eloquent appeal to natural rights in his argument against the writs of assistance in 1761 and Thomas Jefferson offered a classic restatement in the Declaration of Independence in 1776

 

14) Human rights and freedoms: similarities and differences.

Uses of Right and Freedom

A Right is a common privilege given to all citizens for example the right to vote, the right to property, the right to worship, the right to information, etc.

Freedom is when you have no constraints to conduction your actions ‘“ freedom of speech, freedom of the press, freedom to rebel, freedom to complain, etc.

Examples of Right and Freedom

Freedom is having a Right.

Right is something you can demand when you do a Duty.

Summary:
1. In modern parlance both words refer to similar things like Freedom of the Press and Right to Information.
2. Freedom means having a good environment where Rights and Duties are honourably preserved.
3. If you are entitled to something, you have a Right towards it.
4. Freedom itself is the fundamental human right.
5. An ideal country where all rights are upheld, all citizens treated alike, where corruption is negligible, where terrorism and military operations are unheard of, can be called a place truly having Freedom.

15) Classification of Rights and Freedoms.

classification is necessary to facilitate explanation and understanding of many rights granted tocitizens, it is necessary to group, to classify them according to certain criteria. classificationof rights and freedoms of citizens:

1.) equal rights of citizens, Equality is defined by the author, as the right of citizens to haveand equally exercise all rights under the Constitution and other laws, the right to participate equallyin political, economic, social and cultural life, without any discrimination and the right to be treatedon equal terms, both by the state and other citizens.

2.) socio-economic rights, which include: the right to work, right to rest, the right to material

security from the state, the necessary conditions of physical and intellectual development, personal ownership, right of inheritance.

3.) social and political rights and freedoms of the citizen, which includes political rights:electoral rightsand rights to association and democratic freedoms: freedom of speech, press,meetings, and demonstrations, freedom of conscience.

4.) inviolability, which includes: personal inviolability, inviolability of the home

and thesecrecy of correspondence and telephone conversations.

5.) rights guarantees, which includes: the right to petition and right of the injured

in hisright by an illegal act of a state body, to request the competent bodies, as provided by law, its annulment and damages.

 

16) International legal sources on human rights.

International human rights law is part of public international law. Human Rights can be defined as basic rights and freedoms to which all humans are entitled such as civil and political rights, the right to life and liberty, freedom of thought and expression, equality before the law, social, cultural and economic rights, including the right to participate in culture, the right to food, the right to work, and the right to education.

International Court of Justice

Article 38 of the International Court of Justice Statute outlines the sources of law as follows:

International conventions recognized by contesting states (includes treaties)

International custom

General principles of law recognized by civilized nations

Judicial decisions and teachings of the most highly qualified publicists (academic writings)

Weight of Authority:

The first three are primary authority listed in the order of their weight while the fourth is treated as secondary authority.

United Nations

Charter Bodies

The charter bodies created under the United Nations Charter are:

Human Rights Council

Commission on Human Rights

Special Procedures established by the Commission on Human Rights

Sub-Commission for the Promotion and Protection of Human Rights

Treaty Bodies (UN)

Human Rights Committee (CCPR)

Committee on Economic, Social and Cultural Rights (CESCR)

Committee on the Elimination of Racial Discrimination (CERD)

Committee on the Elimination of Discrimination Against Women (CEDAW)

Committee Against Torture (CAT)

Committee on the Rights of the Child (CRCD)

Committee on Migrant Workers (CMW)

Committee on the Rights of Persons with Disabilities (CRPD)

 

17) The Universal Declaration of the Rights of Man - a document of world significance.

The Declaration of the Rights of Man and of the Citizen is a fundamental document of theFrench Revolution and in the history of human rights, defining the individual and collective rights of all the estates of the realm as universal. Influenced by the doctrine of "natural right", the rights of man are held to be universal: valid at all times and in every place, pertaining to human nature itself.

The last article of the Declaration of the Rights of Man and the Citizen was adopted on 26 August 1789,^[1] by the National Constituent Assembly(Assemblée nationale constituante), during the period of the French Revolution, as the first step toward writing a constitution for France. Inspired by theEnlightenment, the original version of the Declaration was discussed by the representatives on the basis of a 24 article draft proposed by the sixth bureau,^[2][3] led by Jérôme Champion de Cicé. The draft was later modified during the debates. A second and lengthier declaration, known as theDeclaration of the Rights of Man and Citizen of 1793 was later adopted.

The Declaration called for the destruction of aristocratic privileges by proclaiming an end to exemptions from taxation, freedom and equal rights for all human beings (referred to as "Men"), and access to public office based on talent. The monarchy was restricted, and all citizens were to have the right to take part in the legislative process. Freedom of speech and press were declared, and arbitrary arrests outlawed.^[10]

The Declaration also asserted the principles of popular sovereignty, in contrast to the divine right of kings that characterized the French monarchy, and social equality among citizens, "All the citizens, being equal in the eyes of the law, are equally admissible to all public dignities, places, and employments, according to their capacity and without distinction other than that of their virtues and of their talents," eliminating the special rights of the nobility and clergy.

 

18) The Universal Declaration of Human Rights - the first universal instrument for Human Rights.

The Universal Declaration of Human Rights (UDHR) is a declaration adopted by the United Nations General Assembly on 10 December 1948 at Palais de Chaillot, Paris. The Declaration arose directly from the experience of the Second World War and represents the first global expression of rights to which all human beings are inherently entitled.

It consists of 30 articles which have been elaborated in subsequent international treaties, regional human rights instruments, national constitutions and laws.

The Universal Declaration is remarkable in two fundamental aspects. In 1948, the then 58 Member States of the United Nations represented a range of ideologies, political systems and religious and cultural backgrounds, as well as different stages of economic development. The authors of the Declaration, themselves from different regions of the world, sought to ensure that the draft text would reflect these different cultural traditions and incorporate common values inherent in the world's principal legal systems and religious and philosophical traditions. Most important, the Universal Declaration was to be a common statement of mutual aspirations -- a shared vision of a more equitable and just world.

The success of their endeavour is demonstrated by the virtually universal acceptance of the Declaration. Today, the Universal Declaration, translated into nearly 250 national and local languages, is the best known and most cited human rights document in the world. The foundation of international human rights law, the Universal Declaration serves as a model for numerous international treaties and declarations and is incorporated in the constitutions and laws of many countries.

19) The International Covenant on Civil and Political Rights.

The International Covenant on Civil and Political Rights (ICCPR) is a multilateral treaty adopted by the United Nations General Assembly on December 16, 1966, and in force from March 23, 1976. It commits its parties to respect the civil and political rights of individuals, including the right to life, freedom of religion, freedom of speech, freedom of assembly, electoral rights and rights to due process and a fair trial. As of March 2012, the Covenant had 74 signatories and 167 parties.^[1]

The ICCPR is part of the International Bill of Human Rights, along with the International Covenant on Economic, Social and Cultural Rights (ICESCR) and the Universal Declaration of Human Rights (UDHR).^[2]

The ICCPR is monitored by the United Nations Human Rights Committee (a separate body to the United Nations Human Rights Council), which reviews regular reports of States parties on how the rights are being implemented. States must report initially one year after acceding to the Covenant and then whenever the Committee requests (usually every four years). The Committee normally meets in Geneva and normally holds three sessions per year.

 

20) The Optional Protocol to the International Covenant on Civil and Political Rights.

The First Optional Protocol to the International Covenant on Civil and Political Rights is an international treaty establishing an individual complaint mechanism for the International Covenant on Civil and Political Rights (ICCPR). It was adopted by the UN General Assembly on 16 December 1966, and entered into force on 23 March 1976. As of May 2013, it had 114 states parties and a further 35 signatories.^[1] One of the ratifying states—Jamaica—has denounced the convention. The Optional Protocol establishes an individual complaints mechanism for the ICCPR similar to those of the Optional Protocol to the Convention on the Rights of Persons with Disabilities and Article 14 of the Convention on the Elimination of All Forms of Racial Discrimination. Parties agree to recognise the competence of the UN Human Rights Committee to consider complaints from individuals or groups who claim their rights under the Covenant have been violated.^[2] Complainants must have exhausted all domestic remedies, and anonymous complaints are not permitted.^[3] The Committee must bring complaints to the attention of the relevant party, which must respond within six months.^[4] Following consideration, the Committee must forward its conclusions to the party and the complainant.^[5]

While not expressly provided for in the Protocol, the HRC regards the recognition of its competence to hear complaints as imposing an obligation not to hinder access to the Committee and to prevent any retaliation against complaintants.^[6] It regards its findings as authoritative determinations of obligations under the Covenant, and their adoption as being required in order to provide an "effective remedy" under Article 2 of the ICCPR.^[7]The Optional Protocol required ten ratifications to come into force

 

21) Second Optional Protocol to the International Covenant on Civil and Political Rights, aiming at the abolition of the death penalty

The Second Optional Protocol to the International Covenant on Civil and Political Rights, aiming at the abolition of the death penalty is a side agreement to the International Covenant on Civil and Political Rights. It was created on 15 December 1989, and entered into force on 11 July 1991. As of May 2013, the Optional Protocol has 76 states parties. In addition, 4 states (Guinea-Bissau, Madagascar, Poland, and São Tomé and Príncipe) have signed, but not yet ratified the Protocol.^[1]

The Optional Protocol commits its members to the abolition of the death penalty within their borders, though Article 2.1 allows parties to make a reservation allowing execution for grave crimes in times of war (Brazil and Chile). Cyprus, Maltaand Spain initially made such reservations, and subsequently withdrew them. Azerbaijan and Greece still retain this reservation on their implementation of the protocol, despite both having banned the death penalty in all circumstances.

 

22) The International Covenant on Economic, Social and Cultural Rights.

The International Covenant on Economic, Social and Cultural Rights (ICESCR) is a multilateral treaty adopted by the United Nations General Assembly on 16 December 1966, and in force from 3 January 1976. It commits its parties to work toward the granting of economic, social, and cultural rights (ESCR) to individuals, including labour rights and theright to health, the right to education, and the right to an adequate standard of living. As of 2013, the Covenant had 160 parties.^[1] A further seven countries, including the United States of America, had signed but not yet ratified the Covenant.

The ICESCR is part of the International Bill of Human Rights, along with the Universal Declaration of Human Rights(UDHR) and the International Covenant on Civil and Political Rights (ICCPR), including the latter's first and secondOptional Protocols.^[2]

The Covenant is monitored by the UN Committee on Economic, Social and Cultural Rights.

The Covenant follows the structure of the UDHR and ICCPR, with a preamble and thirty-one articles, divided into five parts.^[7]

Part 1 (Article 1) recognises the right of all peoples to self-determination

Part 2 (Articles 2 – 5) establishes the principle of "progressive realisation"

Part 3 (Articles 6 – 15) These include rights to

work

social security, including social insurance (Article 9);

family life, including paid parental leave and the protection of children (Article 10);

an adequate standard of living, education,

participation in cultural life (Article 15).

Part 4 (Articles 16 – 25) governs reporting and monitoring of the Covenant

Part 5 (Articles 26 – 31) governs ratification, entry into force, and amendment of the Covenant.

23) The Convention on the Rights of the Child.

The United Nations Convention on the Rights of the Child (commonly abbreviated as the CRC, CROC, or UNCRC) is a human rights treatysetting out the civil, political, economic, social, health and cultural rights of children. The Convention defines a child as any human being under the age of eighteen, unless the age of majority is attained earlier under a state's own domestic legislation.^[4]

Nations that ratify this convention are bound to it by international law. Compliance is monitored by the UN Committee on the Rights of the Child, which is composed of members from countries around the world. Once a year, the Committee submits a report to the Third Committee of theUnited Nations General Assembly, which also hears a statement from the CRC Chair, and the Assembly adopts a Resolution on the Rights of the Child.^[5]

Governments of countries that have ratified the Convention are required to report to, and appear before, the United Nations Committee on the Rights of the Child periodically to be examined on their progress with regards to the advancement of the implementation of the Convention and the status of child rights in their country. Their reports and the committee's written views and concerns are available on the committee's website.

The UN General Assembly adopted the Convention and opened it for signature on 20 November 1989 (the 30th anniversary of its Declaration of the Rights of the Child).^[6] It came into force on 2 September 1990, after it was ratified by the required number of nations. Currently, 193 countries are party to it,^[1] including every member of the United Nations except Somalia, South Sudan and the United States.^[5][7] Somalia's cabinet ministers had announced plans in late 2009 to ratify the treaty.^[8]

Two optional protocols were adopted on 25 May 2000. The First Optional Protocol restricts the involvement of children in military conflicts, and the Second Optional Protocol prohibits the sale of children, child prostitution and child pornography. Both protocols have been ratified by more than 150 states.^[9][10]

A third optional protocol relating to communication of complaints was adopted in December 2011 and opened for signature on 28 February 2012

 

24) The Convention on the Elimination of all Forms of Discrimination against Women (CEDAW) is an international convention adopted in 1979 by the United Nations General Assembly. Described as an international bill of rights for women, it came into force on 3 September 1981. Over fifty countries that have ratified the Convention have done so subject to certain declarations, reservations, and objections, including 38 countries who rejected the enforcement article 29, which addresses means of settlement for disputes concerning the interpretation or application of the Convention.^[1] Australia's declaration noted the limitations on central government power resulting from its federal constitutional system. The United States and Palau have signed, but not yet ratified the treaty.The Convention defines discrimination against women in the following terms:Any distinction, exclusion or restriction made on the basis of sex which has the effect or purpose of impairing or nullifying the recognition, enjoyment or exercise by women, irrespective of their marital status, on a basis of equality of men and women, of human rights and fundamental freedoms in the political, economic, social, cultural, civil or any other field.It also establishes an agenda of action for putting an end to sex-based discrimination:States must take measures to seek to eliminate prejudices and customs based on the idea of the inferiority or the superiority of one sex or on stereotyped role for men and women.

States ratifying the Convention are required to enshrine gender equality into their domestic legislation, repeal all discriminatory provisions in their laws, and enact new provisions to guard against discrimination against women. However, special protection for maternity is not regarded as gender discrimination (Article 4). Appropriate measures, including legislation, to suppress all forms of trafficking in women and forced prostitution are also not regarded as gender discrimination (Article 6). Equal opportunity in education for female students is required, and coeducation is encouraged. (Article 10).

25) The Convention on the Elimination of All Forms of Racial Discrimination of 21 December 1965.

The International Convention on the Elimination of All Forms of Racial Discrimination was adopted by the General Assembly of the United Nations on 21 December 1965. The states parties undertake to eliminate racial discrimination in all its forms and to promote understanding among all races.
The convention against racism contains a precise definition of racial discriminationobliges the states parties to refrain from all acts and practices of racial discrimination requires states parties to take suitable measures against racial discrimination lists various civil, political, economic, social and cultural rights whose enjoyment must be guaranteed to everyone without distinction as to race contains the basic right to effective judicial complaint procedures (legal remedies) in the case of all acts of racial discrimination A Committee monitors implementation in the states parties. The states parties must submit reports at regular intervals. In addition, a state party can declare that it recognizes the competence of the Committee for complaints from individuals. At present, there are 173 states parties to the Convention. Switzerland ratified the Convention on 29 November 1994 and recognized the procedure for complaints from individuals on 19 June 2003.

 

26) Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment

The Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT) was adopted by General Assembly resolution 39/46 on 10 December 1984. New Zealand ratified the CAT on 10 December 1989 with the following reservation:

The Government of New Zealand reserves the right to award compensation to torture victims referred to in article 14 of the Convention Against Torture only at the discretion of the Attorney-General of New Zealand. The Convention requires states to prevent torture and degrading treatment within their borders and forbids the return of people to their home country if they are likely to be tortured. It also creates a reporting procedure for the Committee against Torture to hearindividual complaints.The Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment was ratified by New Zealand on 14 March 2007. The Optional Protocol created a subcommittee to oversee “a system of regular visits undertaken by independent international and national bodies to places where people are deprived of their liberty, in order to prevent torture and other cruel, inhuman or degrading treatment or punishment.”New Zealand’s latest report was considered by the Committee in May 2009, and the Human Rights Commission also made asubmission. The Committee noted a range of positive developments as well as issues of concern.

It singled out four issues: the roll out of tasers by the New Zealand Police conditions of detention in prisons how the justice system deals with historic claims of abuse.New Zealand’s reservation about Article 14 of the Convention against Torture.

28) The International Convention for the Safety of Life at Sea (SOLAS) is an international maritime safety treaty. It ensures that ships flagged by signatory States comply with minimum safety standards in construction, equipment and operation. The SOLAS Convention in its successive forms is generally regarded as the most important of all international treaties concerning the safety of merchant ships.^[1]

The first version of the treaty was passed in 1914 in response to the sinking of the RMS Titanic. It prescribed numbers of lifeboats and other emergency equipment along with safety procedures, including continuous radio watches.Newer versions were adopted in 1929 and 1948.

Sections of the treaty

The International Convention for the Safety of Life at Sea (SOLAS), 1974, requires flag States to ensure that their ships comply with minimum safety standards in construction, equipment and operation. It includes articles setting out general obligations, etcetera, followed by an annex divided into twelve chapters.^[1] Of these, chapter five (often called 'SOLAS V') is the only one that applies to all vessels on the sea, including private yachts and small craft on local trips as well as to commercial vessels on international passages. Many countries have turned these international requirements into national laws so that anybody on the sea who is in breach of SOLAS V requirements may find themselves subject to legal proceedings.^[6]

Chapter I – General Provisions

Chapter II-1 – Construction – Subdivision and stability, machinery and electrical installations

Chapter II-2 – Fire protection, fire detection and fire extinction

Chapter III – Life-saving appliances and arrangements

Chapter IV – Radiocommunications

Chapter V – Safety of navigation

Chapter VI – Carriage of Cargoes

Chapter VII – Carriage of dangerous goods

Chapter VIII – Nuclear ships

Chapter IX – Management for the Safe Operation of Ships

Chapter X – Safety measures for high-speed craft

Chapter XI-1 – Special measures to enhance maritime safety

.Chapter XI-2 – Special measures to enhance maritime security

Chapter XII – Additional safety measures for

 

27) The International Convention for the Safety of Life at Sea.

The origins of this convention date back to the sinking of the R.M.S. Titanic, widely regarded as one of deadliest peacetime maritime disasters in history. One of the recommendations to come out of the inquiry was to implement a set of internationally recognised regulations and safety standards.

The first edition of the International Convention for the Safety of Life at Sea (SOLAS) entered into force in 1914 and has been regularly updated to ensure that it is kept up-to-date with improvements to life saving equipment standards, safety procedures and technological advances. The SOLAS convention is widely regarded as one of the most important of all international treaties pertaining to maritime safety. It is maintained and administered by the International Maritime Organization (IMO), the maritime branch of the United Nations.

Under the terms of the SOLAS convention, it is a mandatory requirement for all flag states to ensure that their vessels comply with the minimum safety standards. The convention is available from Regs4ships Limited as a part of a premium or professional subscription to our digital maritime regulations products. Our service is updated with all developments, revisions and amendments to the SOLAS convention and is recognised as a digital equivalent to the carriage of paper versions of this publication.

28) International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (ICRMW)

The International Convention on the Protection of the Rights of All Migrant Workers and Their Families specifies human rights articled in the International Covenant on Economic, Social and Cultural Rights and the International Covenant on Civil and Political Rights and expresses explicitly how different rights apply to different categories of working migrants. Beyond already existing limitations expressed by law, the Convention holds no provisions restricting the rights of states to decide on immigration procedures.

Ratification

46 Contracting States (effective 12 April 2012; current count)

This Convention has not been signed by any industrial nation with immigrants in the western world. This includes Switzerland

Obligations of Contracting States

This UN-convention contains 93 clauses and is the longest human rights convention altogether. In accordance with other human rights conventions, contracting parties are obliged to warrant the human rights of working migrants listed in this convention without discrimination (Part II). In Part III these human rights specific to migrants are listed separately. Part IV concerns itself with further rights of migrant workers that regularly reside in their mother land. Part V entails regulations concerning specific categories of foreigner like cross-border commuters, seasonal labourers and travellers. Part VI lists regulations dealing with working migrants without a residence permit.

Monitoring Process

In Article 72 the Committee on Migrant Workers, consisting of 10 independent experts, is mentioned. At present 41 states have ratified the convention and the committee is composed of 14 members. The contracting parties are obligated to submit a report on their efforts to implement the regulations of the convention within one year of its entry into force and all five years thereafter.

 

29) Convention concerning Indigenous and Tribal Peoples in Independent Countries.

The International Labour Organisation is a specialised UN agency that aims to improve living and working conditions. ILO Convention 169, concerning Indigenous and Tribal Peoples in Independent Countries, entered into force in 1991.It calls on governments to develop systematic actions to protect the rights of indigenous and tribal peoples, including their social, economic and cultural rights, customs, traditions and institutions.It emphasises the right of indigenous and tribal peoples to decide their own priorities for development as it affects their lives, beliefs, institutions and spiritual well-being. And it calls for due regard for customary laws of the peoples concerned; and for their participation in decisions that affect them.ILO 169 also recognises the need to respect the special importance of peoples relationship with their lands and territories, in particular the collective aspects of this relationship, for their cultural and spiritual values.The Convention provides a key instrument for protecting indigenous peoples’ rights as it is legally binding. However, it does not specifically address the protection of traditional knowledge, and it has only been ratified by 20 countries. These are largely Latin American and European countries, but also include the Central African Republic, Nepal and Fiji.

30 ) Convention relating to the Status of Refugees.

The United Nations Convention relating to the Status of Refugees (CRSR) is an international convention that defines who is arefugee, and sets out the rights of individuals who are granted asylum and the responsibilities of nations that grant asylum. The Convention also sets out which people do not qualify as refugees, such as war criminals. The Convention also provides for some visa-free travel for holders of travel documents issued under the convention.

History

The Convention was approved at a special United Nations conference on 28 July 1951. It entered into force on 22 April 1954. It was initially limited to protecting European refugees after World War II but a 1967 Protocol removed the geographical and time limits, expanding the Convention's scope. Because the convention was approved in Geneva, it is often referred to as "the Geneva Convention," but it is not one of the Geneva Conventions specifically dealing with allowable behavior in time of war.^[2]

Denmark was the first state to ratify the treaty (on 4 December 1952). As of April 1, 2011 there were 147 signatories to either the Convention or the Protocol or to both.^[3] Subsequently, the President of Nauru, Marcus Stephen, signed both the Convention and the Protocol on June 17, 2011.^{[4] [5]}

refugee is Any person compelled to leave his/her country owing to external aggression, occupation, foreign domination or events seriously disturbing public order in either part or the whole of his country of origin or nationality^[

31) Code of Conduct for Law Enforcement.

Charter-based bodies

Human Rights Council

Universal Periodic Review

Commission on Human Rights (replaced by the Human Rights Council)

Special Procedures of the Human Rights Council

Human Rights Council Complaint Procedure

Treaty-based bodies

There are ten human rights treaty bodies that monitor implementation of the core international human rights treaties:

Human Rights Committee (CCPR)

Committee on Economic, Social and Cultural Rights (CESCR)

Committee on the Elimination of Racial Discrimination (CERD)

Committee on the Elimination of Discrimination against Women (CEDAW)

Committee against Torture (CAT)

Subcommittee on Prevention of Torture (SPT)

Committee on the Rights of the Child (CRC)

Committee on Migrant Workers (CMW)

Committee on the Rights of Persons with Disabilities (CRPD)

Committee on Enforced Disappearances (CED)

 

Treaty-based bodies

There are ten human rights treaty bodies that monitor implementation of the core international human rights treaties:

Human Rights Committee (CCPR)

Committee on Economic, Social and Cultural Rights (CESCR)

Committee on the Elimination of Racial Discrimination (CERD)

Committee on the Elimination of Discrimination against Women (CEDAW)

Committee against Torture (CAT)

Subcommittee on Prevention of Torture (SPT)

Committee on the Rights of the Child (CRC)

Committee on Migrant Workers (CMW)

Committee on the Rights of Persons with Disabilities (CRPD)

Committee on Enforced Disappearances (CED)

40) The European Commission on Human Rights.

European Commission of Human Rights was a special tribunal.

From 1954 to the entry into force of Protocol 11 of the European Convention on Human Rights, individuals did not have direct access to the European Court of Human Rights; they had to apply to the Commission, which if it found the case to be well-founded would launch a case in the Court on the individual's behalf. Protocol 11 which came into force in 1998 abolished the Commission, enlarged the Court, and allowed individuals to take cases directly to it.

Although the European Commission on Human Rights became obsolete in 1998 with the restructuring of the European Court of Human Rights, it held an important role in assisting the European Court of Human Rights from 1953 to 1998. Commission members were elected by the Committee of Ministers and would hold office for six years (during which time they were to act independently, without allegiance to any state). Their role was to consider if a petition was admissible to the Court. If so, the Commission would examine the petition to determine the facts of the case and look for parties that could help settle the case in a friendly manner. If a friendly settlement could not take place, the Commission would issue a report on the established facts with an opinion on whether or not a violation had occurred. A Committee of three people determined the admissibility of a petition. For difficult decisions, however, a Chamber consisting of seven people handled it.

41) The Human Rights Committee.

he Human Rights Committee is the body of independent experts that monitors implementation of the International Covenant on Civil and Political Rights by its State parties.All States parties are obliged to submit regular reports to the Committee on how the rights are being implemented. States must report initially one year after acceding to the Covenant and then whenever the Committee requests (usually every four years). The Committee examines each report and addresses its concerns and recommendations to the State party in the form of "concluding observations”.In addition to the reporting procedure, article 41 of the Covenant provides for the Committee to consider inter-state complaints. Furthermore, the First Optional Protocol to the Covenant gives the Committee competence to examine individual complaints with regard to alleged violations of the Covenant by States parties to the Protocol.The full competence of the Committee extends to the Second Optional Protocol to the Covenant on the abolition of the death penalty with regard to States who have accepted the Protocol.The Committee meets in Geneva or New York and normally holds three sessions per year.The Committee also publishes its interpretation of the content of human rights provisions, known as general comments on thematic issues or its methods of work

42) The Committee on Economic, Social and Cultural Rights.

The Committee on Economic, Social and Cultural Rights (CESCR) is the body of independent experts that monitors implementation of the International Covenant on Economic, Social and Cultural Rights by its States parties. The Committee was established under ECOSOC Resolution 1985/17 of 28 May 1985 to carry out the monitoring functions assigned to the United Nations Economic and Social Council (ECOSOC) in Part IV of the Covenant.All States parties are obliged to submit regular reports to the Committee on how the rights are being implemented. States must report initially within two years of accepting the Covenant and thereafter every five years. The Committee examines each report and addresses its concerns and recommendations to the State party in the form of “concluding observations”.With regard to individual complaints, on 10 December 2008, the General Assembly unanimously adopted anOptional Protocol (GA resolution A/RES/63/117) to the International Covenant on Economic, Social and Cultural Rights which provides the Committee competence to receive and consider communications. The General Assembly took note of the adoption by the Human Rights Council by its resolution 8/2 of 18 June 2008, of the Optional Protocol. The Optional Protocol was opened for signature at a signing ceremony in 2009. In addition to the Committee on Economic, Social and Cultural rights, other committees with competence can considerindividual communications involving issues related to economic, social and cultural rights in the context of its treaty.The Committee meets in Geneva and normally holds two sessionsper year, consisting of a three-week plenary and a one-week pre-sessional working group.The Committee also publishes its interpretation of the provisions of the Covenant, known as general comments.

 

43) The Committee on the Elimination of Racial Discrimination

The Committee on the Elimination of Racial Discrimination (CERD) is the body of independent experts that monitors implementation of the Convention on the Elimination of All Forms of Racial Discrimination by its State parties.All States parties are obliged to submit regular reports to the Committee on how the rights are being implemented. States must report initially one year after acceding to the Convention and then every two years. The Committee examines each report and addresses its concerns and recommendations to the State party in the form of “concluding observations”.In addition to the reporting procedure, the Convention establishes three other mechanisms through which the Committee performs its monitoring functions: the early-warning procedure, the examination of inter-state complaintsand the examination of individual complaints.The Committee meets in Geneva and normally holds two sessions per year consisting of three weeks each.The Committee also publishes its interpretation of the content of human rights provisions, known as general recommendations (or general comments), on thematic issues and organizes thematic discussions.

44) The Committee on the Elimination of Discrimination against Women.

The Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), adopted in 1979 by the UN General Assembly, is often described as an international bill of rights for women. Consisting of a preamble and 30 articles, it defines what constitutes discrimination against women and sets up an agenda for national action to end such discrimination. The Committee on the Elimination of Discrimination against Women (CEDAW) is the body of independent experts that monitors implementation of the Convention on the Elimination of All Forms of Discrimination against Women.CEDAW Committee consists of 23 experts on women’s rights from around the world.Countries who have become party to the treaty (States parties) are obliged to submit regular reports to the Committee on how the rights of the Convention are implemented. During its sessions the Committee considers each State party report and addresses its concerns and recommendations to the State party in the form of concluding observations.In accordance with the Optional Protocol to the Convention, the Committee is mandated to: (1) receive communications from individuals or groups of individuals submitting claims of violations of rights protected under the Convention to the Committee and (2) initiate inquiries into situations of grave or systematic violations of women’s rights. These procedures are optional and are only available where the State concerned has accepted them.The Committee also formulates general recommendationsand suggestions. General recommendations are directed to States and concern articles or themes in the Conventions.

 

45) The Committee Against Torture (CAT) is the body of 10 independent experts that monitors implementation of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment by its State parties.All States parties are obliged to submit regular reports to the Committee on how the rights are being implemented. States must report initially one year after acceding to the Convention and then every four years. The Committee examines each report and addresses its concerns and recommendations to the State party in the form of "concluding observations".In addition to the reporting procedure, the Convention establishes three other mechanisms through which the Committee performs its monitoring functions: the Committee may also, under certain circumstances, consider individual complaints or communications from individuals claiming that their rights under the Convention have been violated, undertake inquiries, and consider inter-state complaints.The Optional Protocol to the Convention, which entered into force in June 2006, creates the Subcommittee on Prevention of Torture(SPT). The SPT has a mandate to visit places where persons are deprived of their liberty in the States parties. Under the Optional Protocol, States parties shall establish a independent national preventive mechanisms for the prevention of torture at the domestic level which has also a mandate to inspect places of detention.The CAT meets in Geneva and normally holds two sessions per year consisting of a four week session in April/May and another four week session in November.The Committee also publishes its interpretation of the content of the provisions of the Convention, known as general comments on thematic issues

46) The Committee on the Rights of the Child (CRC) is the body of independent experts that monitors implementation of the Convention on the Rights of the Child by its State parties. It also monitors implementation of two optional protocols to the Convention, on involvement of children in armed conflict and on sale of children, child prostitution and child pornography. On 19 December 2011, the UN General Assembly approved a third optional protocol on a Communications Procedure, which will allow individual children to submit complaints regarding specific violations of their rights under the Convention and its first two optional protocols. The Protocol opens for signature in 2012 and will enter into force upon ratification by 10 UN Member States.All States parties are obliged to submit regular reports to the Committee on how the rights are being implemented. States must report initially two years after acceding to the Convention and then every five years. The Committee examines each report and addresses its concerns and recommendations to the State party in the form of “concluding observations”.The Committee reviews additional reports which must be submitted by States who have acceded to the two Optional Protocols to the Convention.The Committee will soon be able to consider individual complaints by children. In the meantime, violations of child rights may be raised before other committees with competence to consider individual complaints.The Committee meets in Geneva and normally holds three sessions per year consisting of a three-week plenary and a one-week pre-sessional working group. In 2010, the Committee considered reports in two parallel chambers of 9 members each, "as an exceptional and temporary measure", in order to clear the backlog of reports.The Committee also publishes its interpretation of the content of human rights provisions, known as general commentson thematic issues and organizes days of general discussion.

47) International legal protection of women's rights.

Women's rights, in international law, emerges today as an exciting, rapidly-developing sub-field of international human rights protection.:

Treaties are … the international equivalent of "legislation" broadly stated, as the basic norm-creating text. The major multilateral treaties may occupy any one of a number of places in a hierarchy of legal authorities depending on the domestic law of the member state. A treaty may be on a par with domestic constitutional law, above it, somewhere between domestic constitutional law and domestic statutory law, or lack validity. In the last case, an enabling or implementing law of the jurisdiction must expressly declare a treaty to be a law of that country. These variations are true for member states of the UN and of the Council of Europe, parent bodies of the most widely-known human rights treaties.

A major step forward in the promotion and protection of international women's rights was the drafting and ratification of the United Nations Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), 1249 U.N.T.S. 13, signed 18 Dec. 1979; entered into force 3 Sept. 1981. Currently there are 97 signatories and 165 parties, according to the status tables reported in Multilateral Treaties Deposited with the Secretary-General,

48 ) International legal protection of children's rights.

Within the last century, the idea that children need safeguards and protections separate from those of adults greatly impacted both domestic and international lawInternational provisions relating to the protection of children’s rights exist within various legal systems. For the purpose of this chapter, these legal systems are subdivided into three levels, namely global, regional and sub-regional. Before turning to the protection of children’s rights within these levels, however, the paper briefly introduces the application of international law in Namibia.The focus within the protection of children’s rights on a global level will be on the legal framework of the United Nations (UN). Being a member of the UN since 1990, Namibia is party to many UN Conventions and has shown a strong commitment towards the protection of children’s rights. Although the UN legal framework offers broad protection of children’s rights, legal instruments by other global institutions also play a key role in the field of children’s rights in Namibia, and will therefore be outlined accordingly.Besides the global level, children’s rights are also laid down on the regional and subregional level. In this context, the systems to be discussed from a Namibian perspective are those of the African Union (AU) and the Southern African Development Community (SADC).

49) Women's rights

Women's rights are the rights and entitlements claimed for women and girls of many societies worldwide. A major global women’s rights treaty was ratified by the majority of the world’s nations a few decades ago.

In some places these rights are institutionalized or supported by law, local custom, and behaviour, whereas in others they may be ignored or suppressed. They differ from broader notions of human rights through claims of an inherent historical and traditional bias against the exercise of rights by women and girls in favour of men and boys.^[1]

Issues commonly associated with notions of women's rights include, though are not limited to, the right: to bodily integrity and autonomy; to vote(suffrage); to hold public office; to work; to fair wages or equal pay; to own property; to education; to serve in the military or be conscripted; to enter into legal contracts; and to have marital, parental and religious rights

The Convention on Consent to Marriage, Minimum Age for Marriage, and Registration of Marriages was a treaty agreed upon in the United Nations on the standards of marriage. The treaty was opened for signature and ratification by General Assembly resolution 1763 A (XVII) on 7 November 1962 and entered into force 9 December 1964 by exchange of letters, in accordance with article 6. The Convention has been signed by 16 countries and there are 55 parties to the Convention.^[1]

The Convention reaffirms the consensual nature of marriages and requires the parties to establish a minimum marriage age by law and to ensure theregistration of marriages

The Universal Declaration of Human Rights, adopted in 1948, enshrines "the equal rights of men and women", and addressed both the equality and equity issues

50) The interaction of international and domestic legal standards for the protection of human rights.

Ratification of international human rights treaties, Governments undertake to put into place domestic measures and legislation compatible with their treaty obligations and duties. Where domestic legal proceedings fail to address human rights abuses, mechanisms and procedures for individual complaints or communications are available at the regional and international levels to help ensure that international human rights standards are indeed respected, implemented, and enforced at the local level.A sophisticated inquiry into when and how international human rights norms change state behavior, tracing the way transnational advocacy groups, international organizations, Western states, and domestic opposition groups interact to put pressure on offending governments. The authors offer an elaborate model of the spread of the norms in which persuasion, sanctions, coalition building, and domestic institutions all effect political change. Cases drawn from Asia, Latin America, Africa, and eastern Europe tell the story of an international system -- increasingly dense in human rights groups, multilateral agreements, and entangling norms -- that can isolate illiberal regimes and push them to reform; South Africa, Chile, and the Philippines, among other cases, are probed. The authors argue that this changed international environment is ultimately more important than specific country features and economics in explaining the spread of human rights norms around the world. The conclusion draws useful lessons for policymakers and advocates alike and the combined efforts of the world community.

Article 1

Article 1 establishes the state as a secular democracy that values individual "life, rights and freedoms." It outlines social and "political stability, economic development," patriotism, and democracy as the principles upon which the Government serves. This is the first article in which the Parliament is mentioned.^[1]

Article 2

Article 2 states that Kazakhstan is a unitary state and the government is presidential. The government has jurisdiction over, and is responsible for, all territory in Kazakhstan. Regional, political divisions, including location of the capital, are left open to lower level legislation. "Republic of Kazakhstan" and "Kazakhstan" are considered one and the same.^[1]

Article 3

The government's power is derived from the people and citizens have the right to vote in referendums and free elections. Article 3 establishes provincial government. Representation of the people is a right reserved to the executive and legislative branches. The government is divided between the executive, legislative, and judicial branches. Each branch is prevented from abusing its power by a system of checks and balances. This is the first article to mention constitutional limits on the executive branch.^[1]

Article 4

Laws that are in effect include "provisions of the Constitution, the laws corresponding to it, other regulatory legal acts, international treaty and other commitments of the Republic as well as regulatory resolutions of Constitutional Council and the Supreme Court of the Republic.

 

54) Major international organizations and bodies concerned with the protection of human rights.

Many organizations around the world dedicate their efforts to the protection of human rights and bringing an end to human rights abuses. Major human rights organizations document violations and call for remedial action, both at a governmental and grass-roots level. Public support and condemnation of abuses is important to success, as human rights organizations are most effective when their calls for reform are backed by strong public advocacy. Nongovernmental organizations (NGOs) have played a primary role in focusing the international community on human rights issues.NGOs monitor the actions of governments and pressure them to act according to human rights principles

ILO - International Labour Organization The ILO conventions cover diverse fields of Human Rights, such as for instance questions regarding the freedom of association, child work or the rights of indigenous peoples.

Council of Europe

European Court of Human Rights

European Committee for the prevention of torture

European Commission against racism and intolerance

Inter-state cases

Any contracting state to the European Convention on Human Rights can sue another contracting state in the Court for alleged breaches of the Convention, although in practice this is very rare.

The Spread of Human Rights

From Babylon, the idea of human rights spread quickly to India, Greece and eventually Rome. There the concept of “natural law” arose, in observation of the fact that people tended to follow certain unwritten laws in the course of life, and Roman law was based on rational ideas derived from the nature of things.

Documents asserting individual rights, such as the Magna Carta (1215), the Petition of Right (1628), the US Constitution (1787), the French Declaration of the Rights of Man and of the Citizen (1789), and the US Bill of Rights (1791) are the written precursors to many of today’s human rights documents.

12) Human rights: concept, structure.

Rights are entitlements (not) to perform certain actions, or (not) to be in certain states; or entitlements that others (not) perform certain actions or (not) be in certain states.Rights dominate modern understandings of what actions are permissible and which institutions are just. Rights structure the form of governments, the content of laws, and the shape of morality as it is currently perceived. To accept a set of rights is to approve a distribution of freedom and authority, and so to endorse a certain view of what may, must, and must not be done.Rights-assertions can be categorized, for example, according to:

Who is alleged to have the right: Children's rights, animal rights, workers' rights, states' rights, the rights of peoples.

What actions or states or objects the asserted right pertains to: Rights of free expression, to pass judgment; rights of privacy, to remain silent; property rights, bodily rights.

Why the rightholder (allegedly) has the right: Moral rights are grounded in moral reasons, legal rights derive from the laws of the society, customary rights exist by local convention.

How the asserted right can be affected by the rightholder's actions: The inalienable right to life, the forfeitable right to liberty, and the waivable right that a promise be kept

13) Formation of the ideas of the natural rights of man.

Political theorists since the time of the ancient Greeks have argued in support of the existence of natural rights, meaning those rights that men possessed as a gift from nature (or God) prior to the formation of governments. It is generally held that those rights belong equally to all men at birth and cannot be taken away.

The concept of natural rights received one of its most forceful expositions in the writings of Englishman John Locke (1632-1704), who argued that man was originally born into a state of nature where he was rational, tolerant, and happy. In this original existence man was entitled to enjoy the rights of life, liberty and property.

However, not all men chose to live within the confines of the natural laws and presented threats to the liberties of the others. At this stage man entered into a social contract (compact) in which a state (government) was formed to guarantee the rights of the members of society.

Locke believed that the only reason for the existence of government was to preserve natural rights and, by extension, man’s happiness and security.

These ideas were eagerly accepted by many American colonists in the 18th century, an age when political philosophy was widely read and discussed. James Otis made an eloquent appeal to natural rights in his argument against the writs of assistance in 1761 and Thomas Jefferson offered a classic restatement in the Declaration of Independence in 1776

 

14) Human rights and freedoms: similarities and differences.

Uses of Right and Freedom

A Right is a common privilege given to all citizens for example the right to vote, the right to property, the right to worship, the right to information, etc.

Freedom is when you have no constraints to conduction your actions ‘“ freedom of speech, freedom of the press, freedom to rebel, freedom to complain, etc.

Examples of Right and Freedom

Freedom is having a Right.

Right is something you can demand when you do a Duty.

Summary:
1. In modern parlance both words refer to similar things like Freedom of the Press and Right to Information.
2. Freedom means having a good environment where Rights and Duties are honourably preserved.
3. If you are entitled to something, you have a Right towards it.
4. Freedom itself is the fundamental human right.
5. An ideal country where all rights are upheld, all citizens treated alike, where corruption is negligible, where terrorism and military operations are unheard of, can be called a place truly having Freedom.

15) Classification of Rights and Freedoms.

classification is necessary to facilitate explanation and understanding of many rights granted tocitizens, it is necessary to group, to classify them according to certain criteria. classificationof rights and freedoms of citizens:

1.) equal rights of citizens, Equality is defined by the author, as the right of citizens to haveand equally exercise all rights under the Constitution and other laws, the right to participate equallyin political, economic, social and cultural life, without any discrimination and the right to be treatedon equal terms, both by the state and other citizens.

2.) socio-economic rights, which include: the right to work, right to rest, the right to material

security from the state, the necessary conditions of physical and intellectual development, personal ownership, right of inheritance.

3.) social and polit