PUBLIC INTERNATIONAL HUMAN RIGHTS Law Notes

UNIVERSITY OF MAKENI
Law (LLB III – SECOND SEMESTER)

PUBLIC INTERNATIONAL HUMAN RIGHTS LAW CLASS NOTES
LECTURE 1: INTRODUCTION TO INTERNATIONAL HUMAN RIGHTS LAW
WHAT ARE HUMAN RIGHTS? What are Human Rights? Human Rights are concerned with
fundamental and inalienable rights essential to the human being.
Those rights that are necessary to live a human life. Every individual has certain inalienable and legally
enforceable rights protecting him or her against state interference and abuse of power by governments.
What is Human Rights Law? HRL is the law that deals with the protection of all individuals and groups
against violations of their internationally guaranteed rights, and with the promotion of these rights.
What is the place of Human Rights in International Law?
Primary Role of States
IL has undoubtedly shaped human rights through the strengthening of the relation between States and
individuals in which the international community can determine the extend states can do its nationals.
ORIGIN AND DEVELOPMENTS INTERNATIONAL HUMAN RIGHTS LAW
IHL finds its origin in domestic law, especially constitutions. Today national law continues to influence
the application of international human rights law and to be influenced by international human rights law.
Different ways in which HRs are expressed and understood to cultural relativistic views of these rights and
the need for cultural sensitivity about how human rights are implemented.
ORIGIN AND DEVELOPMENTS OF IHL
Origin of IHRs could be traced as far back in the 13th Century in Europe such as the rights for peoples to
expect their rulers to be fair and reasonable, with limited authority in respect of the private lives and
property of their subjects’ (Rohana Smith 2010) (See Magna Carta of 1215 which enshrined key principles
of fundamental rights of individuals as equality before the law, religious freedom, right to property, etc.)
1 [email protected] {M.S.Sesay} +23276327980

In the 18th & 19th Centuries the idea of ‘natural rights’ to be enjoyed by all human beings became the
focus. For examples: The United States Declaration of Independence (1776 & Bill of Rights of the
First Ten Amendments which includes various rights for all citizens).
The French Revolution (1789) – declaration on the right of man – men are born and remain free and equal
in rights. In State Practice as early as 1815 the UK Campaigned Against Slave Trade. IHL & the founding
of International Committee of the Red Cross. In 1919 treaties guaranteeing fair treatment for people in the
mandated territories & for minorities in Eastern Europe which led to the establishment of the International
Labour Organisation (ILO)
Until 1945, relationship between states and their nationals was considered ‘internal matter’ i.e. Pre-war
position of customary international law is that it simply had nothing to say about the way a state could treat
its own nationals (Moeckli et al, 2010, p.27).
The assumption of national sovereignty were almost everywhere still accepted. Regulations restricting
freedom of the press, of speech and assembly, imprisonment for political offences, persecution on racial
grounds, all these things were deplored and denounced. But it was widely accepted that they are ultimately
the sole responsibility of the legal government of the territory in question and not therefore matters over
which foreign individuals or governments could legitimately take action’ (See Luard, ‘The Origin of
International Concern over Human Rights).
Since 1945…. WHAT HAS HAPPENED? – OK LET’S SEE FOR INSTANCE: The Geneva
Conventions (1949), Hague Conventions, etc.
Human Rights since 1945 – The UN
The Rule on the Exhaustion of Domestic (or Local) Remedies – Established in General International Law
– see OP of ICCPR
Priority Rights /non degrogable rights – European Convention on Human Rights (ECHR): torture,
slavery, non- retroactivity of criminal offences; ICCPR art 4: right to life, religion, torture, imprisonment
on grounds of inability to fulfil a contract, etc.
The COVID-19 Crisis and Human Rights
Interference with Rights in the Circumstances But Based On the Following Guidance:

Official Proclamation of a State of Emergency.
Formal Notification to the Secretary-general
Strict Necessity and Proportionality of Any Derogating Measure Taken
Conformity of Measures Taken With Other International Obligations;
Non-discrimination
(Human Rights Committee, for example, 30 April 2020).
The Right to Health in International Law and The Role Of The World Health Organization (WHO) –
see WHO Cost. 1946 Preamble; The Assembly of the WHO adopted the binding International Health
Regulations in 2005 (amended 2014); art 25(1) UDHR 1948; Art. 12(1) ICESCR 1966; & General
Comment No 14;
Customary International Law & Human Rights
Certain Human Rights Have The Category Of Customary International Law In The Light Of State Practice.
Prohibition of Torture, Genocide and Slavery and the Principle of Nondiscrimination.
Human Rights Established Under Treaty May Constitute Obligations Erga Omnes For The States Parties.
Human Rights since 1945 – The UNC 1945
UNC 1945 PREAMBLE: […] to save succeeding generations from the scourge of war, which twice in our
lifetime has brought untold sorrow to mankind, and to reaffirm faith in fundamental human rights, in the
dignity and worth of the human person, in the equal rights of men and women and of nations large and
small, and
Article 1 para. 3: 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; and Article 13(1)
UNC 1945, notes that the General Assembly shall initiate studies and make recommendations regarding
the realisation of human rights for all.

UN CHARTER: Article 55 With a view to the creation of conditions of stability and well-being which are
necessary for peaceful and friendly relations among nations […], the United Nations shall promote: higher
standards of living, full employment, and conditions of economic and social progress and development;
[…]; and universal respect for, and observance of, human rights and fundamental freedoms for all without
distinction as to race, sex, language, or religion.
Article 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.
Art. 68 = Provision for Commission for the promotion of HRs: The Economic and Social Council
shall set up commissions in economic and social fields and for the promotion
of human rights, and such other commissions as may be required for the performance of its
functions.
INTERNATIONAL BILL OF RIGHTS (IBR): The UN Secure and Promote the Protection of HR
worldwide: 1st Step Universal Declaration of Human Rights (UNDHR) – (By GA, 10 Dec 1948)
Although not binding but: UNDHR is ‘widely accepted as consensus of global opinion on fundamental
rights’- (Rhona Smith, 210, p.36)
The UNDHR set forth general principles or standards of human right. It set forth the human rights and
fundamental freedoms to which all men and women, everywhere in the world, are entitled, without any
discrimination.
UDHR was adopted and proclaimed by the General Assembly: … as a common standard of achievement
for all peoples and all nations, to the end that every individual and every organ of society, keeping this
Declaration constantly in mind, shall strive by teaching and education to promote respect for these rights
and freedoms and by progressive measures, national and international, to secure their universal and
effective recognition and observance, both among, the peoples of Member States themselves and among
the peoples of territories under their jurisdiction.’ (OHCHR, Fact Sheet No.2 (Rev.1))
Art. 1, UDHR: All human beings are born free and equal in dignity and rights. They are endowed with
reason and conscience and should act towards one another in a spirit of brotherhood.

What is the International Bill of Rights?
IBR is referred to as: 'the ethical and legal basis for all human rights work of the United Nations … the
foundation upon which the international system for the protection and promotion of human rights has been
developed’ (OHCHR, Fact Sheet No 22, p.3). ‘A milestone in the history of human rights… the conscious
acquisition of human dignity and worth’ (OHCHR, Fact Sheet No 2, Rev 1)
IBR are implicit of the UN Charter
International Bill of Rights (IBR)
What Comprises the IBR?
Universal Declaration Human Rights (UDHR) 10 Dec, 1948 – See GAR 2174
Not legally binding but has strong moral force. Many of its rights are widely accepted and form part of
general principles. UDHR is used for the constitutive documents on human rights by many states
International Covenant on Civil and Political Rights (ICCPR) 1966 & its two protocols:
Optional Protocol to the International Covenant on Civil and Political Rights
Second Optional Protocol to the International Covenant on Civil and Political Rights, aiming at the
abolition of the death penalty
International Covenant Economic Social Cultural Rights (ICESC) 1966
INTERNATIONAL HUMAN RIGHTS INSTRUMENTS
1) Convention on the Prevention and Punishment of the Crime of Genocide, 1948

2) International Convention on the Elimination of All Forms of Racial Discrimination (ICERD) 21
Dec 1965
3) International Covenant on Civil and Political Rights (ICCPR), 16 Dec 1966
4) International Covenant Economic Social Cultural Rights (ICESC), 16 Dec 1966
5) Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) 18 Dec
1979.
6) Convention Against Torture and Other, Inhumane or Degrading Treatment or Punishment, 10 Dec
1984.
7) Convention on the Rights of the Child (CRC), 20 Nov 1989

8) International Convention on the Protection of the Rights of All Migrants Workers and Members of
their Families (ICMW), 18 Dec 1990
9) International Convention on the Rights of Persons with Disabilities (CRPD), 13 Dec 2006
10) International Convention for the Protection of All Persons from Enforced Disappearance (CPED),
20 Dec 2006
Other Human Rights Instruments since 1948
INSTRUMENTS AT REGIONAL LEVEL:
African Charter on Human and People’s Rights, 1981.
The European Convention for the Protection of Human Rights and Fundamental Freedoms, 1950
American Convention on Human Rights
Etc. etc.
5. HUMAN RIGHTS TREATY BODIES
Human Rights Committee (CCPR) monitors implementation of the International Covenant on Civil and
Political Rights (1966) and its Optional Protocols;
Committee on Economic, Social and Cultural Rights (CESCR): monitors implementation of the
International Covenant on Economic, Social and Cultural Rights (1966);
Committee on the Elimination of Racial Discrimination (CERD) monitors implementation of the

International Convention on the Elimination of
All Forms of Racial Discrimination (1965);
Committee on the Elimination of Discrimination Against Women (CEDAW) monitors implementation of

the Convention on the Elimination of All Forms of
Discrimination Against Women (1979) and its Optional Protocol (1999);
Committee against Torture (CAT) - monitors implementation of the Convention
Against Torture and Other Cruel, Inhuman or Degrading Treatment (1984).
25 International Human Rights Organizations.

Amnesty International
Human Rights Watch
Civil Rights Defenders
Human Rights Without Frontiers International
Physicians for Human Rights
Anti-Slavery International
Global Rights
UN Watch
European Centre for Minority Issues
International Federation for Human Rights
Human Rights Foundation
Front Line Defenders
Human Rights House Foundation
Open Society Foundations
Freedom House
Human Rights First
Survival International
International Service for Human Rights
Commonwealth Human Rights Initiative
Human Rights Organisations
Center for Economic and Social Rights
Minority Rights Group International
The Advocates for Human Rights

Humanity in Action
Protection International
International Society for Human Right
LECTURE 2: SOURCES OF INTERNATIONAL HUMAN RIGHTS LAW
SOURCES OF INTERNATIONAL HUMAN RIGHTS LAW
WHERE DO HUMAN RIGHTS LAW SOURCES COME FROM?
1. HARD LAWS
2. SOFT LAWS
WHAT ARE SOURCES OF LAW?
“… What constitutes law, that is, how decision makers can determine what instruments, practices, or
policies constitute legally binding obligations as opposed to moral, political, or other social commitments.
Sources of Law Provide Us A Basis Of Legal Obligation.
“…tell us how new rules are made and exiting rules are repealed or abrogated” – (Chinkin, 2010, in Moeckli
et al, (eds.) 2010, p.103).
IHRL is Special Regime of PIL and its sources apply to IHRL. THEREFORE:
REMENBER: Art. 38 (1) ICJ STATUTE;
• TREATIES
• INTERNATIONAL CUSTOMS
• GENERAL PRINCIPLES OF LAW,
• SUBSIDIARY SOURCES – (Judicial Decisions & writings of Jurists/Publicists)
“SOFT LAW”-
• UN GENERAL ASSEMBLY RESOLUTIONS
• REPORTS OF HUMAN RIGHTS EXPERTS

• NGOs REPORTS,
• Natural law?
• Religious creed Etc.? etc.
Art. 38 (1) ICJ STATUTE: “1.The Court, whose function is to decide in accordance with international
law such disputes as are submitted to it, shall apply:
a). international conventions, whether general or particular, establishing rules expressly recognized by
the contesting states;
b). international custom, as evidence of a general practice accepted as law;
c). the general principles of law recognized by civilized nations;
d). subject to the provisions of Article 59, judicial decisions and the teachings of the most highly
qualified publicists of the various nations, as subsidiary means for the determination of rules of law.”
Note: NGOs, Civil Society Organizations (CSOs), Legal advocates, The media, Individual lobbyists, seek
to ground claims on human rights so as to gain high moral ground against the state, corporations,
bureaucrats, they deem have violated their Human Rights. They do this within the framework of formal
sources of law. IHRL is based on ‘state consent’- through the negotiation and adoption of treaties.
Sources of HRL – Treaties?
TREATIES:
• International & Regional
• Treaty Bodies
• International
• UNC, UNDHR, ICCPR, ICESCR, ICERD, CEDAW, UNCAT, CRC, CRPD,etc.
• Regional
• ECHR, ACHR, ACHPR

LAW MAKING TREATIES ARE EXCEPTIONALLY SIGNIFICANT SOUCRE TO HUMAN
RIGHTS BECAUSE:
• Large number of states are parties accepting their provisions as binding obligations
• Widespread treaty adherence provides a degree of uniformity among states on IHRL
• Allows certainty in identifying state parties & their obligations
• OH YES, BUT WHAT ABOUT THE DOWN SIDE?
State consent to be bound – some treaties less ratifications – see Migrant Workers Convention
Reservations on treaties? – could undermines treaties
Revitalizing Treaties
Many HR treaties are old as opposed to current issues, therefore the following techniques are
applied:
ADDITIONAL PROTOCOLS – or “OPTIONAL PROTOCOL”
Additional Protocol to an existing treaty. APs to HR Treaties serve ONE or TWO functions:
1. Provide a right not in the original treaty;

See OP2 to the ICCPR aimed at abolishing the death penalty
But Unusual CRC & USA a party to OP to CRC but not a party to the CRC itself.
2. Provide new method of enforcement.
See OP – ICESCR provides for: communication from individuals, inquiry into gross violations & Inter
– state complaints
GENERAL COMMENTS –
From Treaty Bodies
CUSTOMARY INTERNATIONAL LAW
• CUSTOMARY INTERNATIONAL LAW (CIL)
• Custom is binding upon all states

• A treaty may codify custom or it is accepted as a customary international law binding upon all
states.
• COMPONENTS OF CIL:
• State Practice – extensive, uniform, consistent
• Opinio Juris – belief that practice is required by law
• State Practice: diplomatic correspondence, government’s policy statements, press releases,

opinion of government legal advisers, official manuals, state commitment in international drafting
process, etc.
But State Practice in the context of Human Rights see also:
• Behaviour described in States’ report to UN Treaty Bodies
• Material on Human Rights Council Universal Review process
• Work of Human Rights Institutions
• Case: Filartiga v Pena-Irala:
The case was 1980 four years before the adoption of the UNCAT in (1984)A US judge had to decide
whether torture is contrary to Customary International Law. Judge sought for international consensus on
the prohibition of torture. He looked at UNG resolutions, UNDHR, & other numerous International
treaties, and their adoption in municipal law, including the constitutions of 55 states.
In sum, he found evidence of state practice in ‘the usage of nations, judicial opinions & the work of jurists.
Filartiga v. Pena-Irala - 630 F.2d 876 (2d Cir. 1980)
RULE: The Alien Tort Statute does not grant new rights to aliens, but is simply an opening to the federal
courts for adjudication of the rights already recognized by international law. Deliberate torture perpetrated
under color of official authority violates universally accepted norms of the international law of human
rights, regardless of the nationality of the parties. Thus, whenever an alleged torturer is found and served
with process by an alien within United States borders, 28 U.S.C.S. § 1350 provides federal jurisdiction.

FACTS: Citizens of Paraguay (appellants) filed an action in the United States against another citizen of
Paraguay (appellee), for wrongfully causing the death of a family member. Appellants alleged that appellee
tortured and killed the man in retaliation for his father's political actions and beliefs. The district court
dismissed the action for want of subject matter jurisdiction. The district court felt constrained to narrowly
construe the "law of nations" as employed in the Alien Tort Statute. Appellants challenged the district
court's decision.
ISSUE: Did the district court have jurisdiction over the subject matter?
ANSWER: Yes
CONCLUSION: The court determined that deliberate torture perpetuated under color of official authority
violated universally accepted norms of the international law of human rights, regardless of the nationality
of the parties. Official torture had been prohibited by the law of nations. The prohibition was clear and
unambiguous and admitted no distinction between treatment of aliens and citizens. Whenever an alleged
torturer was found and served with process by an alien within the borders of the United States, federal
jurisdiction was appropriate. The court determined that its jurisdiction was appropriate. The court reversed
the decision of the district court, which dismissed appellants' complaint for want of subject matter
jurisdiction.
Treaties vs Customary & IHRL
Treaties & Custom coexist and despite the wide adherence to treaties by states to HR treaties, Customary
Int’l. Law retains some considerable importance as a source of Human Rights Law. For instance, states
cannot make reservation under customary law, but they can under a treaty law. Also, some states treaties
have to be incorporated before they can be relied upon in national courts.
Jus cogens norms: peremptory norms binding on all states (see genocide, slavery, torture, etc.) – states
are bound by such norms due to their general acceptance by the international community of states as
whole. For instance, principle that treaties are binding upon state parties (see Moeckli et al, 2010, p.114)
GENERAL PRINCIPLES OF LAW
WHAT ARE GENERAL PRINCIPLES?
To mean “principles found in most, if not all, national legal systems such as procedural fairness or equity,
principle applicable directly to international relations …” For instance, principle that treaties are binding
upon state parties (see Moeckli et al, 2010, p.114). Human Rights are therefore applied as general principles
rather than as a source.
GENRAL PRINCIPLES may be found in: statement of consensus in global summits, in UN Organs
resolutions
JUDICIAL DECISIONS
At national, regional, international levels courts play important role in developing HR Law in accordance
with circumstances and understanding human rights.
• Human Rights litigations
• International Bar Association
• Global network of human rights
JURISTS PUBLICISTS – (SOFT LAW) “… teachings of the most highly qualified publicists’ –Art. 38
(1) (d) ICJ Statute
• SEE:
• HR Expert bodies & Individuals
• UN Human Rights Council –
• Fact Finding Missions
• Working groups
• UN specialized agencies
• NGO report
• Human Rights Watch
• Amnesty International, etc.
OTHER SOFT LAW?
• Guidelines
• Codes of conduct

• NGO Reports
• Etc. etc.
LECTURE 3: NATURE & SCOPE OF APPLICATION OF HRS OBLIGATIONS
1. NATURE OF HUMAN RIGHTS OBLIGATIONS UNDER IL
What is the nature of Human Rights Obligations?
Is International Human Rights Law different from general International Law?
2. DUTIES IN UPHOLDING HUMAN RIGHTS
• Who has Human Rights Obligations?
• Who is entitled to Human Rights
• Where do Human Rights Apply?
• Which entities in a state responsible?
NATURE OF HRs OBLIGATION UNDER IL
What is the nature of Human Rights Obligations?
Human Rights Obligations have special status because they are fundamentally different from other
International Law Obligations.
WHAT IS THE SPECIAL STATUS OR CHARACTER OF HUMAN RIGHTS?
SPECIAL CHARACTER” OF IHR – What does it mean?
This means obligations under IHRL are different from normal IL Obligations in that they deal with
obligations of states towards individuals rather the between states.
All individuals within states’ territories
No reciprocity
Obligations can be defined in terms of the “Duty-holders” & Beneficiaries
Only Public International Law can bind states from above and change domestic practices.

BUT WHAT ABOUT STATE SOVEREIGNTY? – YES, IT’S STILL THERE
Is International Human Rights Law different from general International Law?
IHRL is part of general public international law.
It is the part of the law that deals with the protection of the basic human dignity of the individual.
IHRL is the lowest common denominator that individuals have agreed is necessary to live together
on this planet with other individuals. Such law certainly must be ‘easier’ to adhere to than the laws
made by the divinity of God.
The law necessary for a minimum degree of public order all around the world
Sub-Parts of International Human Rights Law:

• Civil and Political Rights • Minorities’ Rights
• Economic, Social and • Prisoners’ Rights
Cultural Rights
• Foreigners’ or Alien’s Rights
• Children’s Rights
• Judges and Lawyers Rights
• Rights of Internally
• International Humanitarian Law
Displaced Persons
Refugees’ Rights
• International Labour Law
• Human Rights Defenders
• Rights of Migrant Worker
• Medical Patients Rights
• Women’s Right
• Property Rights
• Disabled Persons Rights
• Mentally Disabled Persons Rights
HUMAN RIGHTS vs STATE SOVEREIGNTY?
REMEMBER: IHRL is concerned with proclaiming & enforcing certain fundamental Rights guarantees
for individuals against the state. Therefore the protection of sovereignty is, in principle, incompatible
with favoring human rights, because HRs deal with issues that are within domestic and traditionally
considered part of state exclusive purview.

DUTIES OF STATES IN UPHOLDING HUMAN RIGHTS
Victims of HR violations and abuses have right to effective remedy and reparation. This right is a
consequence of State responsibility for human rights violations, its modalities are often neglected. PIL
obliges States to provide remedies and reparation for all human rights violations and abuses; the IHRL not
only recognizes human rights for all, but it also establishes obligation on States to ensure, secure or
guarantee the effective enjoyment of human rights to all within their jurisdiction. States obligations not
only for conduct within their territories but also extraterritorially, and where they exercise authority or
effective control. Purpose of obligation is to ensure the rights and freedoms recognized are enjoyed. This
obligation is enshrined in many instruments:
For example, see: Article 1 ACHR; Article 2 ICCPR; Article 2 CERD; Article 2 CEDAW; Article 2 CRC;
Article 4(1) CRPD; Article 7 MWC; Article 1 American Convention on the Prevention and Punishment of
Torture; Article 1 ECHR
• Art. 1 ACHPR, Adopted 27 June 1981:
“The Member States of the Organization … parties to the present Charter shall recognize the rights, duties
and freedoms enshrined in this Chapter and shall undertake to adopt legislative or other measures to give
effect to them.”
• Art. 2 (1), ICCPR, 16 Dec. 1966:
“Each State Party to the present Covenant undertakes to respect and to ensure to all individuals within
its territory and subject to its jurisdiction the rights recognized in the present Covenant, without distinction
of any kind, such as race, colour, sex, language, religion, political or other opinion,
national or social origin, property, birth or other status.”
Human Rights Obligations
WHO? = STATES
HOW?
1. OBLIGATION TO RESPECT MEANS – duty to respect human rights- NEGATIVE

obligation not to take any measure that violates HR by states’ organs & agents. The
obligation to refrain from acts or omissions that would violate human rights.

2. OBLIGATION TO PROTECT – duty to protect individuals from human rights
violations- i.e. proactively engage to ensure non violation of HRs of individuals in their
jurisdictions. But what private conduct? - See INDIRECT HORIZONTAL EFFECT of
human rights.
3. OBLIGATION TO FULFIL – i.e. proactively engage in activities that ensure the

enjoyment of human rights. An obligation to the state to adopt appropriate laws that
implement their international obligations. Thus this includes judicial, administrative,
educate, provide remedies for violations, etc.
Duties of States in Upholding Human Rights
Not only in respect of conduct within their territories but also, under certain conditions, extraterritorially,
including in situations over which they exercise authority or effective control. State adopt all necessary
legislative and other measures to give effect to the rights guaranteed in IL. State has to ensure human rights
through its Legal, Political institutional system
COMPONENTS OF STATES DUTY FOR HR
Four main components of the State’s duty to ensure human rights:
1. The State has a duty to prevent violations
2. To respect
3. To protect
4. To promote human rights.
State Duty for HRs
• TO PROMOTE HUMAN RIGHTS/FULFIL
To take measures such as: Dissemination, Training, and Education.
But also procedural components, such as the obligations of States to provide adequate remedies and
procedural measures to protect against human rights violations,
Provide measures to investigate HR violations.

STATES HAVE A DUTY TO:
1. Take legislative and other measures to give effect to rights;
2. Investigate human rights violations;
3. Provide effective remedies against violations;
4. Bring perpetrators of certain violations to justice; and
5. Provide reparation to victims.
Characteristics of states obligations on HR
Obligations of the State are complementary and not alternative and they cannot be substituted for one
another
Unconditional: the State cannot, for instance, eschew (avoid) its obligation to investigate and bring to
justice the perpetrators
The different forms of reparation are complementary and not alternative to one another
LECTURE 4: CATEGORIES OF HUMAN RIGHTS
• UNDERSTAND THE CATEGORIES OF HUMAN RIGHTS
• POSITIVE v NEGATIVE RIGHTS, AND GROUP RIGHTS
• STATUS IN SIERRA LEONE – “1991 CONSTITUTION”
• INTRODUCTION
• CATEGORIES OF HUMAN RIGHTS
• FIRST GENERATION
• SECOND GENERATION
• THIRD GENERATION
• CUSTOMARY INTERNATIONAL LAW AND HUMAN RIGHTS
• TODAY’S LECTURE FOCUSES ON THE CATEGORIZATION OF HR

• BUT WHATEVER CATEGORIES OF HUMAN RIGHTS, WE MUST RECOGNISE THE:
• INDIVISIBILITY,
• INTERDEPENDENCE, AND
• INTERRELATEDNESS
• THAT IS ALL HUMAN RIGHTS ARE “INTERLINKED”
• Four essential freedoms: Kofi Annan

• Development
• Freedom of speech and expression
• Security
• Freedom of worship
• Human rights
• Freedom from want
• Freedom from fear
• (F D Roosevelt 1941)
SPECIAL PLACE IN THE HIERARCHY OF RIGHTS
Certain rights may not be derogated (deviate from a set of rules or agreed form of behaviour) from
in the various human rights instruments even in times of war or other public emergency threatening
the nation:
ECHR: the rights to life (except in cases resulting from lawful acts of war), the prohibition on torture
and slavery, and non-retroactivity of criminal offences.
Inter-American Convention: non-derogable rights: the rights to juridical personality, life and humane
treatment, freedom from slavery, freedom from ex post facto laws (having retrospective effect or force,)
freedom of conscience and religion, rights of the family, to a name, of the child, nationality and
participation in government.
ICCPR: The rights to life and recognition as a person before the law, the freedoms of thought, conscience
and religion, the prohibition on torture, slavery, retroactivity of criminal legislation and imprisonment on
grounds solely of inability to fulfil a contractual obligation.

ACHPR: right to life and integrity of the person, nondiscrimination, torture, cruel, inhuman or
degrading punishment and treatment.
CATEGORIZATION OF HUMAN RIGHTS
Remember: HR Standards derive from the accumulation of multilateral Conventions/Treaties that

fall under FOUR categories:
1. The Two Conventions of 1966 – (ICCPR & ICESCR )
2. Regional Conventions on HRs – ( ECHR 1950, ACHR 1969, ACHPR 1981, Arab Charter Human
Rights, 2004)
3. Conventions Dealing with Specific Wrongs – (See Genocide, racial discrimination, torture, &
disappearances, etc.)
4. Conventions Related to the Protection of Particular Categories of People – Women, Children,

Refugees, Migrant workers, & People with Disabilities.
In contemporary world, International Human Rights are categorized into ‘generations” as follows:
1. First Generation Rights – comprises of Civil Political Rights.
2. Second Generation Rights– comprises of social and economic and cultural rights.
3. Third Generation Rights – comprises of group rights.
First Generation rights – comprises of Civil and Political Rights: These rights are concerned about
individual freedoms from state interference. Thus such rights imposed a ‘negative’ obligation to the
state
DUTIES NOT TO INTERVENE i.e. - IMMEDIATE OBLIGATION
Source of Law: UNDHR 1948; ICCPR, 1966, & more?
Examples; right to fair trial, freedom of expression, freedom of religion, freedom of speech, freedom of
association, etc.

OBLIGATION UNDER THE ICCPR
Article 2
1. Each State Party to the present Covenant undertakes to respect and to ensure to all individuals
within its territory and subject to its jurisdiction the rights recognized in the present Covenant,
without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion,
national or social origin, property, birth or other status.
Each State Party to the present Covenant undertakes:
(a) To ensure that any person whose rights or freedoms as herein recognized are violated shall have an
effective remedy, notwithstanding that the violation has been committed by persons acting in an official
capacity;
(b) To ensure that any person claiming such a remedy shall have his right thereto determined by
competent judicial, administrative or legislative authorities, or by any other competent authority
provided for by the legal system of the State, and to develop the possibilities of judicial remedy;
(c) To ensure that the competent authorities shall enforce such remedies when granted.
SECOND GENERATION RIGHTS– Social & Economic Rights:
These rights are concerned with claim of benefits from the state. But binding decisions are hardly available
because the enforcement of such rights requires finances/resources
Duties to take positive measures – not to be achieved in a short period of time
But “Non-discrimination” must be respected at all times (See CESCR General Comment 20)
Source of law: ICESCR 1966
Examples: right to education, right to work, right to social security, right to food
OBLIGATION UNDER ICESCR 1966
Article 2
1. Each State Party to the present Covenant undertakes to take steps, individually and through
international assistance and co-operation, especially economic and technical, to the maximum of its
available resources, with a view to achieving progressively the full realization of the rights recognized

in the present Covenant by all appropriate means, including particularly the adoption of legislative
measures.
2. The States Parties to the present Covenant undertake to guarantee that the rights enunciated in the present
Covenant will be exercised without discrimination of any kind as to race, colour, sex, language, religion,
political or other opinion, national or social origin, property, birth or other status.
3. developing countries, with due regard to human rights and their national economy, may determine
to what extent they would guarantee the economic rights recognized in the present Covenant to non-
nationals.
ICESCR with some immediate effect:
• Elimination of discrimination- (Art. 2(2) & 3
• Right to form & join Trade unions and to strike –Art 8
• Protection of children & young persons from economic exploitation – Art. 10 (3)
• The provision of free and compulsory primary education for all –art. 13(2)(a).
THIRD GENERATION RIGHTS – Group Rights?
Action Against Poverty -2005:
• Eradication of poverty
• The right to food
• Access to healthcare
• Quality education
• Gender equality
• Access to clean water and sanitation
• Access to clean and sustainable energy
• Decent work
• Sustainable transport, infrastructure and access to technology

Source: https://gcap.global/coalition/sierra leone/
Third Generation Rights – Comprises of group rights -Recently developing
Recognizes that the realization & enjoyment rights are conditioned by peace, security, and development.
Self-determination – i.e. free determination of political status, economic, social & cultural development.
They are not inherited in human person, rather depends on state policies - (Composite Nature)
Examples: minority rights, the right to peace, the right to self-determination, right to clean environment,
right to development? Etc.
NEW RIGHTS?
• LGBT Rights?
• People Living with HIV/AIDS
• Children born of wartime rape
• Persons with disabilities
• Victims’ rights (See UN Basic on Right to remedy & reparation to Victims…2005)
• Etc.,etc.
ICCPR & Minority rights:
Article 27, ICCPR 1966:
In those States in which ethnic, religious or linguistic minorities exist, persons belonging to such minorities
shall not be denied the right, in community with the other members of their group, to enjoy their own
culture, to profess and practice their own religion, or to use their own language.
OK, BUT WHAT ABOUT CUSTOMARY INTERNATIONAL LAW AND HUMAN RIGTS?
Customary International Law & Human Rights
Certain Human Rights Have The Category Of Customary International Law In The Light Of State Practice.
Prohibition of Torture, Genocide and Slavery And The Principle Of Nondiscrimination.

Human Rights Established Under Treaty May Constitute Obligations Erga Omnes For The States Parties.
Arguably, it is now a fundamental principles of HRs and are part of Customary International Law:
For example: The role of the Customary International Law of human rights is recognised in the “Third
Restatement as follows: “A state violates international law if, as a matter of State policy, it practices,
encourages or condones,
(1) Genocide
(2) Slavery Of Slave Trade
(3) The Murder Or Causing The Disappearance Of Individuals
(4) torture or other cruel, inhuman or degrading treatment or punishment
(5) Prolonged Arbitrary Detention
(6) Systematic Racial Discrimination, or
(7) a consistent pattern of gross violations of internationally recognised human rights” – ( Restatement
Third, at 702)
LECTURE 5: THE RIGHT TO LIFE
1. THE RIGHT TO LIFE
2. OBLIGATIONS ON THE RIGHT TO LIFE (Negative & Positive)
3. LIMITATTIONS ON THE RIGHTS TO LIFE
4. SIERRA LEONE & THE DEATH PENALTY
5. PROHIBITION AGAINST ARBITRARY DEPRIVATION OF LIFE
WHAT IS THE RIGHT TO LIFE?
The 1991 Constitution of Sierra Leone. Sect. 16. (1) No person shall be deprived of his life intentionally
….”
Art. 4 ACHPR 1981: “Human beings are inviolable. Every human being shall be entitled to respect for
his life and the integrity of his person. No one may be arbitrarily deprived of this right.”

Art 3 UDHR 1948: “Everyone has the right to recognition everywhere as a person before the law.”
Art. 6 (1), ICCPR, 1966 States: “Every human being has the inherent right to life. This right shall be
protected by law. No one shall be arbitrarily deprived of his life. “
Art. 6 (1) Convention on the Right of the Child, 20 Nov. 1989: “States Parties recognize that every child
has the inherent right to life.”
Art. 10 Convention on the Rights of Persons with Disabilities, 24 Jan. 2006: “States Parties reaffirm
that every human being has the inherent right to life and shall take all necessary measures to ensure its
effective enjoyment by persons with disabilities on an equal basis with others.”
Threats to the Right to Life
Life is at risk through a state use of force and its failure to provide adequate protection from threat to life
Use of lethal force such as the deliberate killing of individuals/groups, targeted extrajudicial executions,
torturing to death in custody, enforced disappearances eventual murder) killing in armed conflicts,
massacres/genocides, etc.
Life is also threatened in peace-time in deadly domestic violence, sexual violence, health hazards from
private actors (operation dangerous plants.)
THUS THE STATE HAS DUTY TO PROTECT LIFE IN THESE CIRCUMSTANCES
Recognition complemented by International Standards
See Principles on the Effective Prevention and Investigation of Extra-legal, Arbitrary and Summary
Executions.
Basic Principles on the Use of Force and Firearms by Law Enforcement Officials.
In Dealing With The Right To Life We Have To Understand Three Things:
1. NEGATIVE OBLIGATION
2. POSITIVE OBLIGATION
3. LIMITATIONS TO THE RIGHT TO LIFE
NEGATIVE OBLIGATION OF THE RIGHT TO LIFE

NEGATIVE OBLIGATION – what does it entails?
Obligation not to kill – BUT BY WHOM?
This is directed to the state/government
Also a basic morality that “though shalt not kill”
BUT WHAT ABOUT THE DEATH PENALTY?
POSITIVE OBLIGATION OF THE RIGHT TO LIFE
POISITIVE OBLIGATION TO PROTECT - What does it entails?
The Protection from others – see for instance Criminal Law. If a person life is threatened the state should
do something. BUT LIKE WHAT?
Arrest, Court restraining orders (legal).
POSITIVE OBLIGATION TO FULFILL – What does it entails?
Investigation of Forced Disappearances,
Legal Protection
Investigate Suspicious Deaths
Prosecutions If Possible
LIMITATIONS TO THE RIGHT TO LIFE?
SIMPLY, IT MEANS WHEN IS IT ALLOWED TO KILL?
1. LAWFUL USE OF VIOLENCE/FORCE – see for instance protection against others,

prevent escape from prison, execute an arrest, quell a riot, etc. …
2. YES BUT THERE IS LIMITATION /THRESHOLD
See - PROPORTIONATE – - i.e. force used should not be more than necessary in order to achieve
the goal – EXAMPLE. If you want to arrest someone who does not carry a gun, shooting at him is not
proportionate - OH OK NOW I KNOW!
BUT WHO DECIDES ON PROPORTIONALITY? – Court on a case by case basis

DEATH PENALTY – SOME LAWS ALLOW THE DEATH PENALTY:
See Arts. 2 ECHR & 6 ICCPR - “Everyone’s right to life shall be protected by law. No one shall be deprived
of his life intentionally save in the execution of a sentence of a court following his conviction of a crime
for which this penalty is provided by law.” (Art. 2, ECHR).
‘Nothing in this article shall be invoked to delay or to prevent the abolition of capital punishment by any
State Party to the present Covenant’ (Art. 6 ICCPR).
BUT WHAT ARE THE EXCEPTIONS?
DEATH PENALTY IN SIERRA LEONE
The 1991 Constitution provides – Sect 16 (1):
No person shall be deprived of his life intentionally except in execution of the sentence of a court in
respect of a criminal offence under the laws of Sierra Leone, of which he has been convicted.
Sec. 16(2) ‘… a person shall not be regarded as having been deprived of his life in ...if he dies as a result
of the use of force to such extent as is reasonably justifiable in the circumstance of the case…’
(a) For the defence of any person from unlawful violence …defence of property; or
(b) In order to effect a lawful arrest, prevent escape of a person lawfully detained; or
(c) For the purpose of suppressing a riot, insurrection or mutiny
(d) …to prevent commission … a criminal offence
(e) If he dies as result of a lawful act of war
1991 Const. Provides for the Death Penalty for:
1. Aggravated Robbery
2. Murder
3. Treason
4. Mutiny

SIERRA LEONE & THE DEATH PENALTY
WHAT DO YOU NEED TO KNOW NOW?
Sierra Leone has observed a MORATORIUM (Suspension) on executions since 1998 – i.e (When 24
military officers convicted of treason for their alleged participation in a coup attempt were put to death)
23 July, 2021 Parliament Unanimously voted in favor to end the Death Penalty in Sierra Leone.
Accordingly, 99 prisoners were on death row at the time of its enactment, replaces the death penalty with
sentences ranging from a 30-year jail term to life imprisonment.
The 23rd country on the continent and the 110th worldwide to end capital punishment.
Sierra Leone & Abolition of the Death Penalty
WHY IS IT IMPORTANT?
…successive governments abused the death penalty to eliminate political opponents. - See 2004 TRC
Report
• ANYTHING ELSE?
Prohibition against Arbitrary Deprivation of Life
“States parties are expected to take all necessary measures intended to prevent arbitrary deprivations of life
by their law-enforcement organs. These measures include appropriate legislation controlling the use of
lethal force by law enforcement officials, procedures designed to ensure that law-enforcement actions are
adequately planned in a manner consistent with the need to minimize the risk they pose to human life,
mandatory reporting and investigation of lethal incidents,45 and the equipping of police forces responsible
for crowd control with effective non-lethal means and adequate protective gear in order to obviate (remove)
their need to resort to lethal force.46 In particular, all operations of law enforcement agents should comply
with relevant international standards, including the Code of Conduct for Law Enforcement Officials
(General Assembly resolution 34/169) and the Basic Principles on the Use of Force and Firearms by Law
Enforcement Officials (1990),47 and law enforcement agents should undergo appropriate training designed
to inculcate these standards48 so as to ensure, in all circumstances, the fullest respect for the right to life
“(Human Rights Committee (HRC), General comment no. 36, Article 6 (Right to Life), 3 September 2019,
para.13).

LECTURE 6: EQUALITY & NON-DISCRIMINATION
1. WHAT IS DISCRIMINATION
2. EQUALITY & NON-DISCRIMINATION
3. DIRECT VS INDIRECT DISCRIMINATION?
4. LIMITATION, JUSTIFICATION TO NON-DISCRIMINATION
WHAT IS DISCRIMINATION?
...DO YOU KNOW THIS IS NOT SPECIFICALLY DEFINE IN THE COVENANT?
… OH REALY? - BUT LET’S SEE
WHAT IS DISCRIMINATION?
Article 1 of the International Convention on the Elimination of All Forms of Racial

Discrimination:
Any distinction, exclusion, restriction or preference based on race, colour, descent, or national or ethnic
origin which has the purpose or effect of nullifying or impairing the recognition, enjoyment or exercise, on
an equal footing, of human rights and fundamental freedoms in the political, economic, social, cultural or
any other field of public life.
Article 1 of the Convention on the Elimination of All Forms of Discrimination against Women
provides that:
discrimination against women” shall mean 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.
Committee on Civil and Political Rights General Comment No. 18: Non-discrimination (1989),
para.7:

“the term “discrimination” as used in the Covenant Should be understood to imply any distinction,
exclusion, restriction or preference which is based on any ground such as race, colour, sex, language,
religion, political or other opinion, national or social origin, property, birth or other status, and which
has the purpose or effect of nullifying or impairing the recognition, enjoyment or exercise by all persons,
on an equal footing, of all rights and freedoms.”
What are discrimination Grounds?
Grounds of discrimination: Race, Colour, Sex, Language, Religion, Political or other Opinion, National
or Social Origin, Property, Birth or Other Status (See Arts. 2(1) & 26, ICCPR, 1966).
NOTE: The grounds of race, sex, and religion binds all state regardless to ratification of treaties because it
has become part of customary international law (See South-West Africa Cases (2nd Phase) 1966, ICJ Rep
6, at 293 & 299-300).
Art. 26, ICCPR: prohibits discrimination in law or in fact in any field regulated and protected by public
authorities –( See Broeks v The Netherlands, 1987) – relates unemployment benefit ….legislation states;
married women could only claim such benefits provide they were ‘breadwinners’ but such requirement
did not apply to married men.
EQUALITY & NON-DISCRIMINTION
WHAT DOES EQUALITY MEANS?
WHAT DOES NON-DISCRIMINATION MEANS?
EQUALITY: - The state of being equal, especially in status, rights, or opportunities. Equality implies not
only a negative obligation not to discriminate, but also a duty to recognize differences between people and
to take positive action to achieve real equality.
NON-DISCRIMINATION: Fair and unprejudiced treatment of different categories of people
Operational difference
Equality focuses on the person / characteristics
Non-Discrimination on the process / treatment

The principle of NON-discrimination requires the establishment of Equality In Fact & Equality In Law
– (Shaw, 2021, pp. 257-58)
Equality in Law precludes discrimination of any kind; whereas equality in fact may involve the necessity
of different treatment in order to attain a result which establishes an equilibrium between different
situations. i.e the focus is on what is just or reasonable, or reasonably justified. (See Minority School in
Albania Case; HR Committee General Comment on Non-Discrimination, para.8)
For example of applying equality in fact: introducing of measures in order to diminish or eliminate
conditions perpetuating discrimination, but such measures are time bound.
IHR System is the idea that all human beings have the same set of fundamental rights.
Almost all general HRs instruments guarantee the right to equality & non-discrimination
IL prohibits discrimination in treatment or Direct Discrimination; as well as in outcome or indirect

discrimination, regardless of whether intended or unintended.
But at the some point, differences in treatment or outcome are permissible as long as they pursue a
legitimate aim in a proportionate manner. This is because the right to equality may requires states to treat
people differently in order to overcome historical disadvantage and to achieve real equality.
Differences in treatment or outcome are permissible?
The Committee also wishes to point out that the principle of equality sometimes requires States parties
to take affirmative action in order to diminish or eliminate conditions which cause or help to perpetuate
discrimination prohibited by the Covenant. For example, in a State where the general conditions of a
certain part of the population prevent or impair their enjoyment of human rights, the State should take
specific action to correct those conditions. Such action may involve granting for a time to the part of the
population concerned certain preferential treatment in specific matters as compared with the rest of the
population. However, as long as such action is needed to correct discrimination in fact, it is a case of
legitimate differentiation under the Covenant (CCPR, General Comments No. 18, 1989, para.10).
Finally, the Committee observes that not every differentiation of treatment will constitute discrimination,
if the criteria for such differentiation are reasonable and objective and if the aim is to achieve a purpose
which is legitimate under the Covenant (CCPR, General Comments No. 18, 1989, para.13)

DIRECT VS INDIRECT DISCRIMINATION?
Under IHRL, when considering a discrimination claim the first question a court needs to assess is
whether there has been a difference in treatment or result:
Direct Discrimination: occurs when a person, on account of one or more of the prohibited grounds (race,
religion, sex, Ethnicity, etc.) is treated less favorably than someone else in comparable circumstances.
Direct Discrimination occurs “overtly” (Openly)
Indirect Discrimination: occurs when a practice, rule, or requirement that is outwardly neutral, i.e. not
based on one of the prohibited grounds of distinction, has huge impact on a particular group define by
reference to one of these grounds. – No difference in treatment but due to structural biasness treating
unequals equally = unequal results.
Equality - requires that equals be treated equally, the prohibition of discrimination precludes differential
treatment on unreasonable grounds
Equality = not only negative obligation not to discriminate, but also a duty to recognize differences
between people and to take positive action active action to achieve real equality.
Equality is achieved if individuals in a comparable situation are treated equally, regardless of the result.
The state should not give preference to any one group & people should be treated exclusively on their
individual merits regardless of group membership. - Equal treatment & same opportunities
In sum, the right to non-discrimination on the grounds of race, sex, & religion is binding on all states,
irrespective to ratification of treaties because it has become customary law.
Equality & Non-discrimination Constitutional provisions in Sierra Leone
Sec. 27 (3) 1991 Constitution:
In this section the expression "discriminatory" means affording different treatment to different persons
attributable wholly or mainly to their respective descriptions by race, tribe, sex, place of origin, political
opinions, colour or creed whereby persons of one such description are subjected to disabilities or
restrictions to which persons of another such description are not made subject, or are accorded privileges
or advantages which are not accorded to persons of another such description.

Equality & Non-discrimination - Legal Provisions in International Law
• Art. 1(3) UNC equal guarantee of HRs for all without distinction
• Arts. 1, 2(1), UNDHR, 1948
• Art. 7 ICCPR 1966
• Arts. 2, 3, & 26 ICESC 1966
• Specialized Instruments: ICERD; CEDAW; CRPD; CRC, etc.
• Regional TREATIES? –
• Art. 2, 3, 18 (3)(4) & 28, ACHPR;
• Arts. 1 and 24 ACHR
• Art. 14 and Protocol No 12, ECHR;
LIMITATION, JUSTIFICATION TO NON-DISCRIMINATION
Once established there has been difference in treatment or result, the next question would be: whether there
is a justification for it or there are objective & reasonable criteria for such distinction?
…if the differentiation has an objective and reasonable with the aim to achieve a legitimate purpose. i.e:
Pursue a legitimate aim – (protection of public order)
Be proportionate – (balance between interest of the community & individual rights)
But mere ‘administrative convenience’ not sufficient
…the Committee observes that not every differentiation of treatment will constitute discrimination, if
the criteria for such differentiation are reasonable and objective and if the aim is to achieve a purpose
which is legitimate under the Covenant (CCPR, General Comments No. 18, 1989, para.13).
Non-Discrimination vs Equality
The Principle of Non-discrimination requires Establishment of Equality In Fact As well As Formal Equality
in Law.

Equality in law precludes discrimination of any kind; whereas equality in fact may involve the necessity
of different treatment in order to attain a result which establishes an equilibrium between different
situations’ (See PCIJ, Minority Schools in Albania case, Advisory Opinion, 1935)
LECTURE 7: SOME PROTECTION HUMAN RIGHTS IN SIERRA LEONE
PROTECTION OF FUNDAMENTAL HUMAN RIGHTS IN SIERRA LEONE
1. THE 1991 CONSTITUTION
2. HUMAN RIGHTS COMMISSION OF SIERRA LEONE (HRCSL)
3. PROTECTION OF HUMAN RIGHTS UNDER TREATIES
THE 1991 CONSTITUTION, Act No. 6, of 1991.
• FUNDAMENTAL PRINCIPLES OF STATE POLICY (Chapter II):
• Fundamental Obligations of Government
• Government and the People
• Political Objectives
• Economic Objectives
• Social Objectives
• Educational Objectives
• Foreign Policy Objectives
• Obligations of the Mass Media
• Enhancement of National Culture
• Duties of the Citizen
• Fundamental Principles not Justiciable

Section 4 states: Fundamental Obligations of Government “All organs of Government and all authorities
and persons exercising legislative, executive or judicial powers shall conform to, observe and apply the
provisions of this Chapter” (Sect. 4, 1991 Constitution).
• Fundamental Principles not Justiciable
• Section 14 states:
“Notwithstanding the provisions of Section 4, the provisions contained in this Chapter shall not confer
legal rights and shall not be enforceable in any court of law, but the principles contained therein shall
nevertheless be fundamental in the governance of the State, and it shall be the duty of Parliament to
apply these principles in making laws.”
Sec. 15, THE 1991 CONSTITUTION, Act No. 6, 1991, states:
“Whereas every person in Sierra Leone is entitled to the fundamental human rights and freedoms of the
individual, that is to say, has the right, whatever his race, tribe, place of origin, political opinion, colour,
creed or sex, but subject to respect for the rights and freedoms of others and for the public interest,
to each and all of the following:
• a). life, liberty, security of person, the enjoyment of property, and the protection of law;
• b). freedom of conscience, of expression and of assembly and association;
• c). respect for private and family life, and
• d). protection from deprivation of property without compensation “ (Sec. 15)
Fundamental Rights under The 1991 Constitution:
• Protection From Arbitrary Arrest Or Detention (Sec. 17)

• Protection of freedom of movement (Sec. 18)
• Protection From Slavery And Forced Labour (Sec. 19)
• Protection From Inhuman Treatment (Sec. 20)
• Protection From Deprivation Of Property (Sec. 21)
• Protection For Privacy Of Home And Other Property (Sec. 22)
• Protection Of Freedom Of Conscience (Sec. 24)

• Protection Of Freedom Of Expression And The Press (Sec. 25)
• Protection Of Freedom Of Assembly And Association (Sec. 26)
• Protection from discrimination (Sec. 27)
• Protection From Inhuman Treatment (Sec. 20):
“20. (1) No person shall be subject to any form of torture or any punishment or other treatment which is
inhuman or degrading.
(2) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in
contravention of this section to the extent that the law in question authorises the infliction of any kind of
punishment which was lawful immediately before the entry into force of this Constitution.”
• Protection from discrimination (Sec. 27):
“27. (1) …, no law shall make provision which is discriminatory either of itself or in its effect.
(2) …, no person shall be treated in a discriminatory manner by any person acting by virtue of any
law or in the performance of the functions of any public office or any public authority.
(3) …, "discriminatory" means affording different treatment to different persons attributable wholly or
mainly to their respective descriptions by race, tribe, sex, place of origin, political opinions, colour or
creed whereby persons of one such description are subjected to disabilities or restrictions to which
persons of another such description are not made subject, or are accorded privileges or advantages which
are not accorded to persons of another such description.”
2. HUMAN RIGHTS COMMISSION OF SIERRA LEONE (HRCSL)
Human Rights Commission OF Sierra Leone (HRCSL)
• Established by an Act of Parliament (Act No. 9) of 2004.
• Its mandate is promoting and protecting human rights in the country through
investigations, public education, monitoring, advising government, reviewing draft &
existing legislation and producing an annual state of human rights report to President,
Parliament & the public.
• See The Human Rights Commission of Sierra Leone Act, 2004
FUNCTIONS OF HUMAN RIGHTS COMMISSION

1. The object for which the Commission is established is the protection and promotion of human
rights in Sierra Leone.
2. To investigate or inquire into on its own or on complaint by any person any allegations of human
rights violations and to report thereon in writing;

3. To promote respect for human rights, through – public awareness and education, providing human
rights information, publishing guidelines, manuals and other materials explaining the obligations
of public officials in the protection of human rights; effective co-operation with NGOs, etc.
4. review existing legislation and advise the Government concerning compliance by such legislation
with the obligations of Sierra Leone under international treaties or agreements;
5. Advise the Government concerning draft legislation, which may affect human rights;
6. Advise Government concerning preparation of periodic reports required by international human
rights treaties or agreements to which Sierra Leone is a party;
7. Monitor and document violations of human rights in Sierra Leone;
8. Publish an annual report on the State of Human Rights in Sierra Leone.
1. (See Part III of The Human Rights Commission Of Sierra Leone Act, 2004, Act No. 9,
2004)
POWERS OF THE HUMAN RIGHTS COMMISSION SIERRA LEONE

• For purposes of any investigation’ the Commission shall have:
1. such powers, rights and privileges as are vested in the High Court of Justice or a judge
thereof in a trial in respect of:
a). enforcing the attendance of witnesses and examining them on oath, affirmation or otherwise;
b). compelling the production of documents and other things;
c). a commission or request to examine witnesses abroad
1. Power to issue or make orders or directions to enforce its decisions, including measures to
protect the life and safety of an individual and free medical treatment where necessary;
THE HUMAN RIGHTS COMMISSION EXCLUSION OF JURISDICTION - (No Power):
• THE COMMISSION’S POWER OF INVESTIGATION UNDER THIS ACT SHALL NOT
INCLUDE THE INVESTIGATION OF ANY MATTER:
• (a) pending before, or already decided by a court of competent jurisdiction; or
• (b) involving any human rights violation that occurred before the coming into
operation of this Act (See Section 16, HR Act 2004)
TREATIES RATIFIED BY SIERRA LEONE:
1. Universal Declaration of Human Rights, 1948
2. Convention Against Torture and Other, Inhumane or Degrading Treatment or Punishment,
10 Dec 1984.

3. Convention on the Rights of the Child (CRC), 20 Nov 1989.
4. International Covenant Economic Social Cultural Rights (ICESC), 16 Dec 1966.
5. International Covenant on Civil and Political Rights (ICCPR), 16 Dec 1966.
6. International Covenant Economic Social Cultural Rights (ICESC), 16 Dec 1966.
7. International Convention on the Elimination of All Forms of Racial Discrimination
(ICERD) 21 Dec 1965.
8. International Convention on the Rights of Persons with Disabilities (CRPD), 13 Dec 2006.
9. African (Banjul) Charter on Human And Peoples' Rights, 27 June 1981
• Source: UN Treaty Body Database
International Covenant on Civil and Political Rights (ICCPR), 16 Dec 1966, Art. 2:
• 1. Each State Party to the present Covenant undertakes to respect and to ensure to all
individuals within its territory and subject to its jurisdiction the rights recognized in the
present Covenant, without distinction of any kind, such as race, colour, sex, language,
religion, political or other opinion, national or social origin, property, birth or other status.
• 2. Where not already provided for by existing legislative or other measures, each State
Party to the present Covenant undertakes to take the necessary steps, in accordance with its
constitutional processes and with the provisions of the present Covenant, to adopt such laws
or other measures as may be necessary to give effect to the rights recognized in the present
Covenant.
• 3. Each State Party to the present Covenant undertakes:
• (a) To ensure that any person whose rights or freedoms as herein recognized are violated
shall have an effective remedy, notwithstanding that the violation has been committed by
persons acting in an official capacity;
• (b) To ensure that any person claiming such a remedy shall have his right thereto
determined by competent judicial, administrative or legislative authorities, or by any other
competent authority provided for by the legal system of the State, and to develop the
possibilities of judicial remedy;
(c) To ensure that the competent authorities shall enforce such remedies when granted.
• SOME DOMESTICATION OF TREATIES BY SIERRA LEONE?
AFRICAN CHARTER ON HUMAN AND PEOPLE’S RIGHTS & MAPUTO PROTOCOL
• Understand The ACHPR, 27 June 1981 (Banjul Charter).
• Protocol to the African Charter on Human and People's Rights on the Rights of Women in Africa,
11 July 2003 (THE MAPUTO PROTOCOL).

• Revised Treaty Of The Economic West African Stated (ECOWAS), 24 July 1993 (REVISED
TREATY).
GENERAL REMARKS
• INTERNATIONAL TREATIES OR CONVENTIONS IN SIERRA LEONE
• SL SIGNED ACHPR ON 21 SEPT. 1983
• MAPUTO PROTOCOL JULY 2015
Ratification & Domestication of Treaties?
• Sierra Leone has a dualist system of incorporating International Laws.
• International Law becomes part domestic law by either act of INCORPORATION or through
JUDICIAL USE (i.e. relied upon by Sierra Leonean Court as binding precedents).
• The Ministry of Justice and Ministry of Foreign Affairs and International Cooperation
• Maputo Protocol – focal point is The Ministry of Social Gender and Children’s Affairs -
LEGISLATIVE REFORMS INLINE WITH ACHPR & MAPUTO:
SEE THE THREE GENDER LAWS IN SIERRA LEONE:
1. The Domestic Violence Act 2007
2. The Devolution of Estates Act 2007
3. The Registration of Customary Marriage Act 2008
The Domestic Violence Act 2007
• Violence against women – Art. 4 Maputo Protocol – right life, integrity & security
• The Registration of Customary Marriage 2008- recognition of customary marriages to be
registered & divorce – (Arts. 6(d) & 7 Maputo Protocol)
• The Devolution of Estates Act 2007 – address issues of inheritance or property by women upon
the demise of their spouses ( Art. 21 Maputo Protocol – i.e widows right to inheritance).
Court Judgments in relation ACHPR & Maputo
• Rarely cited in Court – why?
• Lawyers hardly reference them in their submissions in court
• Human rights related public interest litigations are limited.
BUT SEE ACTIVITIES OF SOME ACTIVISTS AS – Legal Access through Women Yearning for
Equality Rights and Social Justice (LAWYERS), Centre for Accountability and the Rule of Law
(CARL), etc.

Sexual Offences Act 2012 -
Sexual Offences Act 2012 – (art. 4(2) (a) Maputo Protocol
THE ACT IS THE LAW RELATING TO SEXUAL OFFENCES IN SIERRA LEONE:
1. It Increases The Minimum Jail Term For Sexual Violations From Two Years To Between
Five And Fifteen Years.
2. It Defines Consent As An Agreement By Choice.
3. Persons Below Age of 18 Not Capable of Giving Consent.
4. Marriage Not a Defence For Committing Sexual Offence – (The Act Prohibits Forced Sex).
5. Protects Children, especially Girls, From Being Abused by People in Authority.
The Sexual Offences (Amendment) Act, 2019
The Sexual Offences (Amendment) Act, 2019 – Related to article 4(2)(a) Maputo Protocol.
The Sexual Offences (Amendment) Act, 2019 :
1. Amends the Sexual Offences Act, 2012, to make provision for the increase of the maximum
penalty for rape and sexual penetration of a child from fifteen years to life imprisonment.
2. To make provision for the introduction of the offence of aggravated sexual assault.
3. To make provision for an alternative conviction of aggravated sexual assault.
4. To make provision for the prosecution of offences under the Act;
5. To make provision for the making of rules by the Rules of Court Committee.
6. To further regulate the practice and procedure under the Act and to provide for other related
matters.
LECTURE 8: THE RIGHT TO EDUCATION
• THE RIGHT TO EDUCATION

• STATE LEGAL OBLIGATIONS ON THE RIGHT TO EDUCATION
• SPECIFIC STATE LEGAL OBLIGATIONS ON THE RIGHT TO EDUCATION
• GENERAL OBLIGATION ON THE RIGHT TO EDUCATION
• NON-DISCRIMINATION AND THE RIGHT TO EDUCATION
• VIOLATION OF THE RIGHT TO EDUCATION
The Right to Education under the 1991 Constitution of Sierra Leone – State Policy?
• Sec 9 of the 1991 Constitution, Act No 6, 1991:

(1).The Government shall direct its policy towards ensuring that there are equal rights and adequate
educational opportunities for all citizens at all levels by:
(a) ensuring that every citizen is given the opportunity to be educated to the best of his ability,
aptitude and inclination by providing educational facilities at all levels and aspects of
education such as primary,
secondary, vocational, technical, college and university;
(b) safeguarding the rights of vulnerable groups, such as children, women and the disabled in
security educational facilities; and
(c) Providing the necessary structures, finance and supportive facilities for education as and
when practicable.
• Sec 9 of the 1991 Constitution, Act No 6, 1991:
(2) The Government shall strive to eradicate illiteracy, and to this end, shall direct its educational policy
towards
achieving—
(a) a. free adult literacy programmes;
b. free compulsory basic education at primary and junior secondary school levels; and
c. free senior secondary education as and when practicable.
(3) The Government shall promote the learning of indigenous languages and the study and application of
modern science, foreign languages, technology, commerce and business.
• Is this Justifiability? – See Sec. 14 of the 1991 Constitution:
Notwithstanding the provisions of Section 4, the provisions contained in this Chapter shall not confer legal
rights and shall not be enforceable in any court of law, but the principles contained therein shall
nevertheless be fundamental in the governance of the State, and it shall be the duty of Parliament to apply
these principles in making laws.
THE RIGHT TO EDUCATION UNDER INTERTIONATIONAL LAW
Education is both human right in itself & an indispensable means of realizing other human rights i.e it
is an empowered right because a well- educated & enlightened mind able to wander freely and widely as
one of the joy of human existence. Education shall be directed to human personality’s sense of dignity
It shall ‘enable all persons to participate effectively in a free society’ …education shall be directed to the
full development of the human person
(See Committee on ESCR: General Comment No 13, 1999, para. 1)
Legal Provision on the Right to Education
• Art. 17 (1) ACHPR 1981 - “Every individual shall have the right to education.”
• Arts. 13 ICESCR 1966

• 14 ICESCR 1966
• Art. 29 (1) CRC: Aim of Education - See also General Comment N0.1 (2001) Art. 29 (1) CRC:
the Aims of Education
Article 13 ICESCR
1. The States Parties to the present Covenant recognize the right of everyone to education. They agree
that education shall be directed to the full development of the human personality and the sense of its dignity,
and shall strengthen the respect for human rights and fundamental freedoms. They further agree that
education shall enable all persons to participate effectively in a free society, promote understanding,
tolerance and friendship among all nations and all racial, ethnic or religious groups, and further the
activities of the United Nations for the maintenance of peace.
2. The States Parties to the present Covenant recognize that, with a view to achieving the full
realization of this right:
(a) Primary education shall be compulsory and available free to all;
(b) Secondary education in its different forms, including technical and vocational secondary education,
shall be made generally available and accessible to all by every appropriate means, and in particular by
the progressive introduction of free education;
(c) Higher education shall be made equally accessible to all, on the basis of capacity, by every appropriate
means, and in particular by the progressive introduction of free education;
(d) Fundamental education shall be encouraged or intensified as far as possible for those persons who have
not received or completed the whole period of their primary education;
(e) The development of a system of schools at all levels shall be actively pursued, an adequate fellowship
system shall be established, and the material conditions of teaching staff shall be continuously improved.
3. The States Parties to the present Covenant undertake to have respect for the liberty of parents and, when
applicable, legal guardians to choose for their children schools, other than those established by the public
authorities, which conform to such minimum educational standards as may be laid down or approved by
the State and to ensure the religious and moral education of their children in conformity with their own
convictions.
4. No part of this article shall be construed so as to interfere with the liberty of individuals and bodies to
establish and direct educational institutions, subject always to the observance of the principles set forth in
paragraph I of this article and to the requirement that the education given in such institutions shall conform
to such minimum standards as may be laid down by the State.
Article 14 ICESCR
Each State Party to the present Covenant which, at the time of becoming a Party, has not been able to secure
in its metropolitan territory or other territories under its jurisdiction compulsory primary education, free of
charge, undertakes, within two years, to work out and adopt a detailed plan of action for the progressive
implementation, within a reasonable number of years, to be fixed in the plan, of the principle of
compulsory education free of charge for all.

SPECIFIC STATE LEGAL OBLIGATIONS ON THE RIGHT TO EDUCATION
1. AVAILABILTY
2. ACCESSIBILITY
3. ACCEPTABILITY
4. ADAPTABILITY
AVAILABILTY?
Means: Functioning educational institutions & programmes have to be available in sufficient quantity
within the country. For instance, all institutions & programmes are likely to require building or other
protection from, sanitation facilities, safe drinking water, trained teachers with competitive salaries,
teaching materials, library, etc.
ACCESSIBILITY
Educational institutions & programmes have to be accessible to everyone without discrimination, within
the state.
Accessibility has three dimensions:
Non-discrimination – education must be accessible to all with out any discrimination on any of the
prohibited grounds
Physical accessibility – education has to be within safe physical reach, either by attendance at some
reasonable convenient geographical location (neighbourhood school), or via mordern technology (distance
learning)
Economic Accessibility – education has to affordable to all, but this is subject to differences (See art. 13
(2) ICESCR), General Comment 13, 1999, para.6)
ACCEPTABILITY
The form and substance of education, including curricula and teaching methods, have to be acceptable (eg;
relevant, culturally appropriate & of good quality to students, parents, etc, inaccordance with 13 (1)
ICESCR ).
Education has to be flexible so it can adapt to needs of changing societies and communities and respond to
the needs of students within their diverse social and cultural rights.
NOTE: The Best Interests Of The Student Shall Be The Primary Consideration
General Legal Obligation on the right to Education
While the Covenant provides for progressive realization and acknowledges the constraints due to the
limits of available resources, it also imposes on States parties various obligations which are of
immediate effect.

States parties have immediate obligations to the right to education to “guarantee” that the right “will be
exercised without discrimination of any kind” and the obligation “to take steps” towards the full
realization of this right.
Progressive realization means that States parties have a specific and continuing obligation “to move as
expeditiously and effectively as possible” towards the full realization of the right to education (See Art.
13(2) CESCR, 1966; General 13, para. 43 & 44).
Specific Obligation
To ensure the right of access to public educational institutions and programmes on a non-discriminatory
basis;
Non-Discriminate & the Right to Education–Case 1
Brown v. Board of Education, US Suoreme Court - Plaintiff argued the use of race to segregate white and
black children in public schools was a violation of the equal protection clause of the Fourteenth
Amendment of the US Constitution. The SC stated that when the state undertakes to provide education, it
is a right that must be made available to all on equal terms.
Court observe that “to separate them (children) from others of similar age and qualifications solely because
of their race generates a feeling of inferiority as to their status in the community that may affect their hearts
and minds in a way unlikely ever to be undone.
The Court ruled that “ in the field of public education the doctrine of “separate but equal” has np place.
Separate educational facilities are inherently unequal. Consequently the segregation complained deprived
the plaintiffs of the equal protection of the laws guaranteed by the fourteenth Amendment (Brown v. Board,
347 US 483 (1954).
Non-Discriminate & the Right to Education – case 2:
Students Representative Council case:
Botswana Court of Appeal challenged a college regulation the forced pregnant students to disclose their
pregnancy and, depending on the point in the academic year at which the pregnancy was discovered, to
leave the school, or to continue to the end of the academic year and miss the next one.

The Court held that the regulation was discriminatory against women. From the proceedings, it became
clear that the real aim of the regulation was to punish unmarried female students - (See Case Note, Is the
Right to Get Pregnant a Fundamental Right Human Right in Botswana?”, (1995) 39 Journal of
African Law 97 at 99).
SIERRA LEONE CASE ON THE RIGHT TO EDUCATION & NON - DISCRIMINATION

Case 3: Women Against Violence and Exploitation in Society Child Welfare Society -SL and The
Republic of Sierra Leone JUDGMENT NO. ECW/CCI/JUD/37/19
The Applicants, on the 17/05/2018 brought this application for enforcement of the fundamental rights of
pregnant adolescent school girls in Sierra Leone: It is the case of the Applicants that the issue of exclusion
of pregnant girls from attending school in Sierra Leone pre- dated the 1991-2002 civil war that ravaged the
country. The Applicants added that after the civil war, as a measure to address the menace, the Truth and
Reconciliation Committee (TRC), set up in Sierra Leone advocated for a national strategy for the reduction
of teenage pregnancy.
The Applicants further averred that with the support of its development partners, the Respondent
successfully instituted a strategy to deal with the menace of unbridled teenage pregnancies and its attendant
social repercussions. The strategy, according to the Applicants centred on reduction of teenage pregnancies;
ensuring that girls attend and remain in school to acquire education for their own development, and the
overall socio economic development of the State.
The Applicants also averred that the strategy, however, was later truncated by the outbreak of Ebola disease
in Sierra Leone which compelled schools to close down. Applicants stated that the resultant effect of the
close down of schools was increased rate of teenage pregnancy after the Ebola disease was contained.

According to the Applicants, because of the high rate of pregnancy amongst school girls; up to sixty-five
percent (65%) in some regions, the then Minister of Education, Science and Technology, Dr. Minkailu Bah
made a public statement which became more of a policy statement directing that all pregnant school girls
will not be allowed to be in school with their pregnancies as they serve as negative influence on their peers.
The Applicants are saying that the policy by the Respondent barring pregnant school girls from attending
school with pregnancy is a violation of the rights of the affected girls to education and amounted to
discrimination.
The Applicants claim that the voicing of the ban by the Minister “reversed the progress that had been made
through the National Teenage Strategy in advocating for education of the girl child including pregnant
girls”.
The Applicants state that attempts were made by the Respondent to provide alternative schools for pregnant
girls but the schools are not accessible as main stream schools and subjects offered are limited to only four;
mathematics, English language, integrated science and social studies, essentially offering limited education
and that it integrated all learners of different ages and academic progress into one classroom.
Committee on the Rights of the Child, “discriminatory policy the Ministry of Education instituted in March
2015 of barring ‘visibly pregnant girls from attending school”.
https://ihrda.uwazi.io/en/entity/1i7yfu3qr0cj?page=5
• WAVES CWS-SL and The Republic of Sierra Leone

JUDGMENT NO. ECW/CCI/JUD/37/19
• Consequently, the Respondent is in breach of its commitments and responsibility under both local
and international laws particularly, Articles 2, 3, 17(1), 18(3) & 25 of the Charter; Articles 28(1) of
the Convention on the Rights of the Child; Articles 1 & 3 of the Convention against Discrimination
in Education and the Court so holds.
• Concerning the institution of alternative school for the pregnant girls, the Court holds that the
establishment of separate school for the pregnant adolescent girls with four (4) taught subjects
operating three (3) days a week is discriminatory and a violation of the right to (equal) education.
Source: https://ihrda.uwazi.io/en/entity/1i7yfu3qr0cj?page=5

• Women Against Violence and Exploitation in Society Child Welfare Society -SL and The
Republic of Sierra Leone
• ORDERS:
• Ii) That the prohibitive policy (the ban) be revoked with immediate effect;
• ii) That the Respondent State takes steps to abolish the separate school established for the pregnant
girls and absorb the already enrolled girls in the main stream schools;
• Iii) The Respondent State develops strategies, programmes and nation- wide campaigns that focus
on reversing negative societal attitudes that support the discrimination and bias against pregnant
girls attending school;
• iv) The strategies and programmes must enable teenage mothers attend school and/or development
of income-generation driven programmes for pregnant girls;
• v) The Respondent State integrates sexual and reproductive health into school curricula as this
increased knowledge on family planning and contraceptives will support efforts to address the high
rate of teenage pregnancy.
• Women Against Violence and Exploitation in Society Child Welfare Society -SL and The
Republic of Sierra Leone
• ORDERS:
• Ii) That the prohibitive policy (the ban) be revoked with immediate effect;
• ii) That the Respondent State takes steps to abolish the separate school established for the pregnant
girls and absorb the already enrolled girls in the main stream schools;
• Iii) The Respondent State develops strategies, programmes and nation- wide campaigns that focus
on reversing negative societal attitudes that support the discrimination and bias against pregnant
girls attending school;
• iv) The strategies and programmes must enable teenage mothers attend school and/or development
of income-generation driven programmes for pregnant girls;

• v) The Respondent State integrates sexual and reproductive health into school curricula as this
increased knowledge on family planning and contraceptives will support efforts to address the high
rate of teenage pregnancy.
• VIOLATION OF THE RIGHT TO EDUCATION – WHEN?
Violations may occur through the direct action of the State (acts of commission) or through their
failure to take steps required by the Covenant (acts of omission).
Examples: the introduction or failure to repeal legislation which discriminates against individuals or
groups, on any of the prohibited grounds, in the field of education; the failure to take measures which
address de facto educational discrimination; the failure to maintain a transparent and effective system to
monitor conformity with article 13 (1); the prohibition of private educational institutions
Violation of the Right to Education, Examples? The denial of academic freedom of staff and students;
the closure of educational institutions in times of political tension in non-conformity with article 4 ICESCR,
1966. The failure to ensure private educational institutions conform to the “minimum educational
standards” required by article 13 (3) and (4) ICESR, 1966.
The use of curricula inconsistent with the educational objectives set out in article 13 (1) (see General Com.
13, 1999, para. 59)

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UNIVERSITY OF MAKENI

Law (LLB III – SECOND SEMESTER)

LECTURE 1: INTRODUCTION TO INTERNATIONAL HUMAN RIGHTS LAW

What is the place of Human Rights in International Law?

Primary Role of States

ORIGIN AND DEVELOPMENTS INTERNATIONAL HUMAN RIGHTS LAW

ORIGIN AND DEVELOPMENTS OF IHL

1 [email protected] {M.S.Sesay} +23276327980

Conventions (1949), Hague Conventions, etc.

Human Rights since 1945 – The UN

The COVID-19 Crisis and Human Rights

2 [email protected] {M.S.Sesay} +23276327980

Formal Notification to the Secretary-general

Strict Necessity and Proportionality of Any Derogating Measure Taken

Conformity of Measures Taken With Other International Obligations;

(Human Rights Committee, for example, 30 April 2020).

Customary International Law & Human Rights

Prohibition of Torture, Genocide and Slavery and the Principle of Nondiscrimination.

Human Rights since 1945 – The UNC 1945

Article 1 para. 3: To achieve international co-operation in solving international problems of an economic,

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4 [email protected] {M.S.Sesay} +23276327980

IBR are implicit of the UN Charter

International Bill of Rights (IBR)

What Comprises the IBR?

Optional Protocol to the International Covenant on Civil and Political Rights

International Covenant Economic Social Cultural Rights (ICESC) 1966

INTERNATIONAL HUMAN RIGHTS INSTRUMENTS

1) Convention on the Prevention and Punishment of the Crime of Genocide, 1948

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Other Human Rights Instruments since 1948

INSTRUMENTS AT REGIONAL LEVEL:

African Charter on Human and People’s Rights, 1981.

American Convention on Human Rights

5. HUMAN RIGHTS TREATY BODIES

Committee on the Elimination of Racial Discrimination (CERD) monitors implementation of the

All Forms of Racial Discrimination (1965);

Committee on the Elimination of Discrimination Against Women (CEDAW) monitors implementation of

Discrimination Against Women (1979) and its Optional Protocol (1999);

Committee against Torture (CAT) - monitors implementation of the Convention

Against Torture and Other Cruel, Inhuman or Degrading Treatment (1984).

25 International Human Rights Organizations.

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Human Rights Watch

Civil Rights Defenders

Human Rights Without Frontiers International

Physicians for Human Rights

European Centre for Minority Issues

International Federation for Human Rights

Human Rights Foundation

Front Line Defenders

Human Rights House Foundation

Open Society Foundations

Human Rights First

International Service for Human Rights

Commonwealth Human Rights Initiative

Human Rights Organisations

Center for Economic and Social Rights

Minority Rights Group International