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UN and human rights

To achieve international co-operation in solving international problems of an economic, social, cultural, or humanitarian character, and in promoting and encouraging respect for human rights and for fundamental freedoms for all without distinction as to race, sex, language, or religion;

UN Charter 1945

Article 1(3)

Articles 55, 56

55: with a view to the creation of conditions of stability and well-being which are necessary for peaceful and friendly relations among nations based on respect for the principle of equal rights and self-determination of peoples, the United Nations shall promote:

higher standards of living, full employment, and conditions of economic and social progress and development;

solutions of international economic, social, health, and related problems; and international cultural and educational cooperation; and

universal respect for, and observance of, human rights and fundamental freedoms for all without distinction as to race, sex, language, or religion.

56: All Members pledge themselves to take joint and separate action in co-operation with the Organization for the achievement of the purposes set forth in Article 55.

Declaration on Right to Development: 1986 (DRD)

Declaration on Rights of Indigenous Peoples 2007 (DRIP)

International Covenant on Civil and Political Rights 1966 (ICCPR)

International Covenant on Economic Social and Cultural Rights 1966 (ICESCR)

International Convention on Elimination of all Forms of Racial Discrimination 1965 (CERD)

Convention on Elimination of all Forms of Discrimination against Women 1979 (CEDAW)

Convention against Torture and other Cruel Inhuman and Degrading Treatment or Punishment 1984 (CAT)

Convention on the Rights of the Child 1989 (CRC)

Migrant Workers Convention (MWC)

Convention on Rights of Persons with a Disability 2006 (CPRD)

International Convention for the Protection of all Person from Forced Disappearance 2006

[Optional Protocols to some of above]

Human Rights Committee (ICCPR)

CESCR Committee

CERD Committee

CEDAW Committee

CAT Committee

CRC Committee

MWC Committee

CPRD Committee

Disappearances Committee

Treaties and treaty bodies

Sarah Joseph, Monash University

History

Universal Declaration of Human Rights

[pre WWII .....................1945...1946...1948.................1950s/60s

Commission on Human Rights

Cold War

UN Charter

UDHR

International humanitarian law

Duties to aliens

Labour law

Anti-slavery law

Nuremburg trials

Tokyo trials

Decolonisation

- drafted in just over a year by 18 original CHR members

- Chang (China), Malik (Lebanon), Cassin (France), Roosevelt (US), Humphrey (CHR, Canada)

- adopted by 48

- 8 absentions: USSR, Belarus, Czechoslovakia, Poland, Ukraine, Yugoslavia, South Africa, Saudi Arabia

- contains CP rights and ESC rights

- legal status

[1990-2005]

1966...............1979........1984.......1989....................2006...2008

Disappearances Convention

Convention on Rights of People with a Disability (CRPD)

Convention on Elimination of Discrimination against Women (CEDAW)

Convention against Torture (CAT)

Convention on Elimination of Racial Discrimination (CERD)

International Covenant on Civil and Political Rights (ICCPR) + Optional Protocol

International Covenant on Economic Social and Cultural Rights (ICESCR)

Convention on Rights of the Child (CRC)

Migrant Workers Convention (MWC)

Various Optional Protocols

Optional Protocol to ICESCR

Human Rights Council

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