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Chapter 1 INTERNATIONAL HUMAN RIGHTS LAW …

Chapter1 INTERNATIONALHUMAN RIGHTS LAW ANDTHE ROLE OF THE LEGALPROFESSIONS: A ObjectiveslTo ensure that participants acquire a basic working knowledge of the origin, purposeand scope of INTERNATIONAL HUMAN RIGHTS law;lTo familiarize participants with the application of INTERNATIONAL HUMAN RIGHTS law atthe domestic level and to begin to make them aware of the important role played by thelegal professions in this did you want to join the course?lWhat is a HUMAN right?lWhy are HUMAN RIGHTS important in general?lWhy are HUMAN RIGHTS important in the country where you are professionally active?

Chapter 1 INTERNATIONAL HUMAN RIGHTS LAW AND THE ROLE OF THE LEGAL PROFESSIONS: A GENERAL INTRODUCTION..... Learning Objectives To ensure that participants acquire a basic working knowledge of the origin, purpose

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Transcription of Chapter 1 INTERNATIONAL HUMAN RIGHTS LAW …

1 Chapter1 INTERNATIONALHUMAN RIGHTS LAW ANDTHE ROLE OF THE LEGALPROFESSIONS: A ObjectiveslTo ensure that participants acquire a basic working knowledge of the origin, purposeand scope of INTERNATIONAL HUMAN RIGHTS law;lTo familiarize participants with the application of INTERNATIONAL HUMAN RIGHTS law atthe domestic level and to begin to make them aware of the important role played by thelegal professions in this did you want to join the course?lWhat is a HUMAN right?lWhy are HUMAN RIGHTS important in general?lWhy are HUMAN RIGHTS important in the country where you are professionally active?

2 LHow do you, as judges, prosecutors and/or lawyers, see your role as promoters andprotectors of HUMAN RIGHTS in the exercise of your professional duties?lWhat specific problems, if any, do you face with regard to the protection of humanrights in the country/countries where you work? HUMAN RIGHTS in the Administration of Justice: A Manual on HUMAN RIGHTS for Judges, Prosecutors and Lawyers11. IntroductionIn recent decades, INTERNATIONAL HUMAN RIGHTS law has had an ever-growingimpact on domestic legal systems throughout the world, and thereby also on the dailywork of domestic judges, prosecutors and lawyers.

3 This evolving legal situation, thetrue dimensions of which could hardly have been foreseen half a century ago, requireseach State concerned, and also the relevant legal professions, carefully to consider waysin which effective implementation of the State s legal HUMAN RIGHTS obligations can bestbe secured. This may in many instances constitute a challenge to legal practitioners,owing to the conflicting requirements of different laws, lack of access to information,and the need for further objective of the present Manual is therefore to convey a basic knowledgeof, and skills in, the implementation of INTERNATIONAL HUMAN RIGHTS law to judges,prosecutors and lawyers legal professions without which there can be no trulyefficient protection of the RIGHTS of the individual at the domestic level.

4 To this end, thepresent Chapter will provide a general introductory survey of the basic notions ofinternational HUMAN RIGHTS law, whilst the remaining fifteen chapters will contain moredetailed information and analyses of HUMAN RIGHTS standards that are of particularrelevance to the administration of Origin, Meaning and Scope ofInternational HUMAN RIGHTS The Charter of the United Nations and theUniversal Declaration of HUMAN RightsHumanity s yearning for respect, tolerance and equality goes a long way backin history, but the curious thing to note is that, although our societies have in manyrespects made great strides in the technological, political, social and economic fields,contemporary grievances remain very much the same as they were hundreds, eventhousands of years to the protection of the RIGHTS and freedoms of the individual at theinternationallevel, work began in the nineteenth century to outlaw slavery and toimprove the situation of the sick and wounded in times of the end of the FirstWorld War.

5 Several treaties were concluded with the allied or newly created States forthe purpose of providing special protection for about the same time, in1919, the INTERNATIONAL Labour Organization (ILO) was founded for the purpose ofimproving the conditions of workers. Although the initial motivation of the ILO washumanitarian, there were also, inter alia, political reasons for its creation, it being feared2 HUMAN RIGHTS in the Administration of Justice: A Manual on HUMAN RIGHTS for Judges, Prosecutors and LawyersChapter 1 INTERNATIONAL HUMAN RIGHTS Law and the Role of the Legal Professions: A General Robertson, HUMAN RIGHTS in the World(Manchester, Manchester University Press, 1972), pp.

6 , pp. 20-22. On the history of HUMAN RIGHTS , see resource list in Handout No. 1 to Chapter 2 of the , unless the conditions of the ever-increasing number of workers were improved,the workers would create social unrest, even revolution, thereby also imperilling thepeace and harmony of the the atrocities committed during the Second World War, the acuteneed to maintain peace and justice for humankind precipitated a search for ways ofstrengthening INTERNATIONAL cooperation, including cooperation aimed both atprotecting the HUMAN person against the arbitrary exercise of State power and atimproving standards of living.

7 The foundations of a new INTERNATIONAL legal order basedon certain fundamental purposes and principles were thus laid in San Francisco on 26 June 1945 with the adoption of the Charter of the United Nations. In the Preamble tothe Charter, faith is first reaffirmed in fundamental HUMAN RIGHTS , in the dignity andworth of the HUMAN person, in the equal RIGHTS of men and women and of nations largeand small . Secondly, the Preamble also, inter alia, expresses the determination topromote social progress and better standards of life in larger freedom . Thirdly, one ofthe four purposes of the United Nations is, according to Article 1(3) of the Charter, 2.

8 To achieve INTERNATIONAL co-operation in solving internationalproblems of an economic, social, cultural, or humanitarian character, andin promoting and encouraging respect for HUMAN RIGHTS and forfundamental freedoms for all without distinction as to race, sex, language,or religion .Other Charter provisions containing references to HUMAN RIGHTS are: Articles13(1)(b), 55(c), 62(2), 68, and 76(c). It is of particular significance to point out that,according to Articles 56 and 55(c) read in conjunction, United Nations Member Stateshave a legal obligation to take joint and separate action in co-operation with theOrganization for the achievement of universal respect for, and observance of, humanrights and fundamental freedoms for all without distinction as to race, sex, language, orreligion.

9 This important legal duty conditions Member States participationthroughout the United Nations HUMAN RIGHTS the adoption by the United Nations General Assembly of the UniversalDeclaration of HUMAN RIGHTS on 10 December 1948, the rather terse references to HUMAN RIGHTS and fundamental freedoms in the Charter acquired an authoritativeinterpretation. The Universal Declaration recognizes civil, cultural, economic, politicaland social RIGHTS , and, although it is not a legally binding document per se, since it wasadopted by a resolution of the General Assembly, the principles contained therein arenow considered to be legally binding on States either as customary INTERNATIONAL law,general principles of law, or as fundamental principles of humanity.

10 In its dictum in thecase concerning the hostages in Tehran, the INTERNATIONAL Court of Justice clearlyinvoked the fundamental principles enunciated in the .. Declaration as being legallybinding on Iran in particular with regard to the wrongful deprivation of liberty and theimposition of physical constraint in conditions of hardship .4 HUMAN RIGHTS in the Administration of Justice: A Manual on HUMAN RIGHTS for Judges, Prosecutors and Lawyers3 Chapter 1 INTERNATIONAL HUMAN RIGHTS Law and the Role of the Legal Professions: A General Introduction3 For the history of the ILO, see the ILO web site: States Diplomatic and Consular Staff in Tehran (United States of America v.)


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