Unit II - Students
Unit II - Students
Unit II - Students
LEARNING OUTCOMES:
At the end of the unit, the students should be able to:
a. Identify the different universal declaration of human rights;
b. Classify the international Human Rights Instruments and their monitoring
bodies;
c. How understanding on the UN toolkits and rules for the treatment of prisoners.
The Universal Declaration of Human Rights (1948) was the first legal document
protecting universal human rights. It is generally agreed to be the foundation of
international human rights law.
On October 24, 1945, in the aftermath of World War II, the UN came into being as an
intergovernmental organization, with the purpose of saving future generations from the
devastation of international conflict.
International human rights law provides the foundation for the work of UN Human
Rights and the mechanisms it supports. This legal framework was born with the
adoption of the Universal Declaration of Human Rights (UDHR), the first document in
history to set out fundamental human rights. Together with two international
covenants, it now forms the International Bill of Human Rights. Since the UDHR
was adopted in 1948, it has inspired a series of legally binding international human
rights treaties, declarations and other instruments, all underpinning and guiding UN
Human Rights’ activities today.
There are two types of human rights monitoring mechanisms within the United
Nations system: treaty-based bodies and charter-based bodies. The ten human
rights Treaty Bodies, made up of committees of independent experts, monitor
implementation of the core international human rights treaties. The charter-based
bodies include the Human Rights Council, Special Procedures, the Universal Periodic
Review and Independent Investigations. UN Human Rights provides expertise and
support to all of the different mechanisms.
A. Treaty-Based Bodies
Racial discrimination remains a barrier to the full realization of human rights. Despite
progress in some areas, exclusions and restrictions based on race, colour, descent,
national or ethnic origin continue to cause conflict, suffering and loss of life. CERD
works to take action against the injustice of racial discrimination, and the dangers it
represents.
The Committee’s work promotes the enjoyment of civil and political rights, resulting in
numerous changes of law, policy and practice. As such, it has improved the lives of
individuals in all parts of the world. It continues to strive to ensure all the civil and
political rights guaranteed by the Covenant can be enjoyed in full and without
discrimination, by all people.
The CEDAW treaty is a tool that helps women around the world to bring about change
in their daily life. In countries that have ratified the treaty, CEDAW has proved
invaluable in opposing the effects of discrimination, which include violence, poverty,
and lack of legal protections, along with the denial of inheritance, property rights, and
access to credit.
The Committee against Torture works to hold States accountable for human rights
violations, systematically investigating reports of torture in order to stop and prevent
this crime.
Migrant workers and their families often experience marginalization, xenophobia, and
poor living and working conditions. In serious cases, they suffer exploitation,
expulsion, and risk to life. The Committee monitors how States are implementing the
Convention and protecting the human rights of migrants.
States that ratify the Optional Protocol to the Convention Against Torture (OPCAT)
give the SPT the right to visit their places of detention and examine the treatment of
people held there.
Worldwide, there are an estimated one billion people with disabilities. Through its
engagement and cooperation with States parties, the Committee promotes inclusion,
advocates for the human rights of all persons with disabilities, and provides
recommendations to support the implementation of the provisions enshrined in the
Convention.
The Committee and its Secretariat work daily to support victims, civil society
organizations, National Human Rights Institutions and States to search for and locate
disappeared persons, eradicate, punish and prevent this crime, and repair the damage
suffered by the victims.
B. Charter-Based Bodies
2. Special Procedures
The Special Procedures of the Human Rights Council are independent human rights
experts who report and advise on country situations or thematic issues in all parts of
the world. They are not paid and are elected for three-year mandates.
With the support of the Office of the United Nations High Commissioner for Human
Rights (OHCHR), special procedures:
➢ Undertake country visits
➢ Act on individual cases of reported violations and concerns of a broader nature
by sending communications to States and others
➢ Contribute to the development of international human rights standards, and
➢ Engage in advocacy, raise public awareness, and provide advice for technical
cooperation.
As one of the main features of the Council, the UPR is designed to ensure equal
treatment for every country when their human rights situations are assessed. The
ultimate aim of this mechanism is to improve the human rights situation in all countries
and address human rights violations wherever they occur. Currently, no other
universal mechanism of this kind exists.
4. Independent Investigations
UN-mandated commissions of inquiry, fact-finding missions and investigations
respond to situations of serious violations of international humanitarian law and
international human rights law. They promote accountability for these violations, and
counter impunity.
C. UN TOOLKITS ON ACCOUNTABILITY AND RESPONSIBILITY
United Nations
Is an intergovernmental organization aiming to maintain international peace and
security, develop friendly relations among nations, achieve international cooperation,
and be a center for harmonizing the actions of nations. It is the world’s largest, most
familiar, most representative, and most powerful international organization. The UN is
headquartered on international territory in New York City and has other main offices
in Geneva, Nairobi, Vienna and The Hague.
The main bodies of the United Nations are the General Assembly, the Security
Council, the Economic and Social Council, the Trusteeship Council, the International
Court of Justice, and the UN Secretariat. All were established under the UN Charter
when the Organization was founded in 1945.
UN SECRETARIAT
French: Secretariat des Nations unies.
It is the UN’s executive arm. The Secretariat has an important role in setting the
agenda for the deliberative and decision-making bodies of the UN (GA, ECOSOC and
UNSC), and the implementation of the decision of these bodies. The Secretary-
General, who is appointed by the General Assembly, is the head of the Secretariat.
The UN Standard Minimum Rules for the Treatment of Prisoners (SMRs) were initially
adopted by the UN Congress on the Prevention of Crime and the Treatment of
Offenders in 1955, and approved by the UN Economic and Social Council in 1957.
The revised Rules are known as the ‘Nelson Mandela Rules‘ to honour the legacy of
the late President of South Africa, Mr. Nelson Rolihlahla Mandela, who spent so many
years of his life in prison.
The rules were first adopted on 30 August 1955 during a UN Congress on the
Prevention of Crime and the Treatment of Offenders, held at Geneva, and approved
by the Economic and Social Council in resolutions of 31 July 1957 and 13 May 1977.
Since their adoption by the Economic and Social Council in 1957, the Standard
Minimum Rules for the Treatment of Prisoners (SMR) have served as the universally
acknowledged minimum standards for the treatment of prisoners. Despite their legally
non-binding nature, the rules have been important worldwide as a source for relevant
national legislation as well as of practical guidance for prison management.
Although not legally binding, the SMRs provide guidelines for international and
domestic law for citizens held in prisons and other forms of custody. The basic
principle described in the standard is that "There shall be no discrimination on grounds
of race, color, sex, language, religion, political or other opinion, national or social
origin, property, birth or other status".
Scope:
Part I contains Rules of General Application. It contains standards which set out what
is generally accepted as being good practices in the treatment of prisoners and the
management of penal institutions. Specifically, it covers issues related to: minimum
standards of accommodation (rules 12 to 17); personal hygiene (18); clothing[3] and
bedding (19 to 21); food (22); exercise (23); medical services (24 to 35); discipline and
punishment (36 to 46); the use of instruments of restraint (47 to 49); complaints (54 to
57); contact with the outside world (58 to 63); the availability of books (64); religion (65
and 66); retention of prisoners' property (67); notification of death, illness, transfer (68
to 70); removal of prisoners (73); the quality and training of prison personnel (74 to
82); and prison inspections (83 to 85).
Part II contains rules applicable to different categories of prisoners including those
under sentence. It contains a number of guiding principles (rules 86 to 90); the
treatment (rehabilitation) of prisoners (91 and 92); classification and individualization
(93 and 94); privileges (95); work[4] (96 to 103); education and recreation (104 and
105); social relations and after-care (106 to 108). Part II also contains rules for
prisoners under arrest or awaiting trial (generally referred to as "remand"), rules for
civil prisoners (for countries where local law permits imprisonment for debt, or by order
of a court for any other non-criminal process) and rules for persons arrested or
detained without charge.
In December 2015, the General Assembly adopted resolution 70/175 entitled "United
Nations Standard Minimum Rules for the Treatment of Prisoners (the Mandela
Rules)". The reference was added not only in recognition of South Africa's major
support to the revision process, but also to honor Nelson Mandela, who spent 27 years
in prisons in the course of his struggle for democracy and the promotion of a culture
of peace. Accordingly, the General Assembly also decided to extend the scope of
International Nelson Mandela Day (18 July) to be also utilized in order to promote
humane prison conditions of imprisonment, to raise awareness about prisoners being
a contiguous subset of society, and to value the work of prison staff as a social service
of importance.