Topic: Universal system of human rights protection

Author: Anna Rabiega

Addressee:

high school / technical school student

Core curriculum:

• old curriculum:

standard level:

5. Human rights.

Student:

3) lists the most important provisions of the Universal Declaration of Human Rights, the European Convention on Human Rights and the Convention on the Rights of the Child.

extended level:

38. Universal and European human rights protection systems.

The student:

1) describes the human rights protection system functioning on the basis of the Universal Declaration of Human Rights and the International Covenants on Human Rights of the United Nations Organization.

• new curriculum:

extended level:

XII. Human rights and their international protection.

Student:

5) characterises the United Nations human rights protection system; presents the differences in human rights protection on the basis of the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights.

The general aim of education:

Student explains the specificity of human rights and freedoms as well as the basic mechanisms of their protection.

Learning outcomes:

The student:

• presents acts of international law concerning the protection of human rights established within the United Nations.

• analyses the functions of UN bodies the tasks of which is to implement human rights.

• analyses the effectiveness of the UN in the field of human rights protection.

Key competences:

• communicating in a foreign language,

• digital competence,

• learning to learn,

• social and civic competences.

Teaching methods:

• discussion,

• Oxford debate,

• teaching conversation using interactive exercises.

Forms of work:

• self‑learning,

• group work,

• whole‑class activity.

Material & equipment needed:

• computers with loudspeakers/headphones and internet access,

• multimedia resources from the e‑textbook,

• interactive whiteboard/blackboard, felt‑tip pen/a piece of chalk.

Lesson plan overview (Process):

Introduction:

1. The teacher presents the goal of the lesson: You will analyse the effectiveness of the universal system for the protection of human rights.

2. Classes conducted using the method of the Oxford debate concerning the issue “The UN system is an effective tool for the protection of human rights”. During one of the previous meetings the teacher should describe the topic to the students, assign them appropriate roles and explain the method, if necessary. The teacher may also suggest watching the animation (Exercise 2). When preparing the debate, students should use the information contained in the abstract (including interactive schemes) and other sources, and cooperate during preparation of arguments.

Implementation:

1. The teacher invites students to the debate. At first, the teacher asks them to prepare the room, i.e. to arrange chairs and tables properly. The teacher writes down the topic of the debate on the board and invites students to take appropriate seats according to the roles assigned to them: Marshal, Secretary, four speakers of the Proposal, four speakers of the Opposition and the audience.

2. Students discuss the topic and the teacher supervises the debate and assists the Marshal and the Secretary if necessary.

3. The teacher discusses the results of the debate with the students. The teacher asks the students about their impressions, evaluation of arguments and speeches.

4. The teacher asks the students to do Exercise 1. Willing/selected students read out the answers, the teacher explains and corrects the students' statements, if necessary.

Summary:

1. At the end of the class the teacher asks the students to finish the sentences:

• Today I learned…

• I understand now that…

• I was surprised…

• I found out…

• It was easy for me…

• It was difficult for me...

The last two sentences help evaluate the difficulty of the discussed question; they enable the student to evaluate his own knowledge and skills.

2. Homework proposal:

a. Present two arguments for and two against the thesis that human rights are indeed universal in nature.

b. Listen to the abstract recording to review the material and new vocabulary. Then do the vocabulary exercise at the end of the chapter.

The following terms and recordings will be used during this lesson

Terms

Texts and recordings

Universal system of human rights protection

The United Nations was established in June 1945 and became the first institution of a governmental nature, which, for one of the purposes of its activity, recognized the protection of fundamental rights and freedoms. As a consequence, a universal system for the protection of human rights was created within the framework of the UN and its specialized organizations. UN universalism manifests itself on the one hand in membership - currently it consists of 193 countries, and thus almost all existing ones, and on the other hand, in the practical activities of the United Nations. The organization deals with the protection of all generations of human rights and all categories of people exposed to violations of fundamental rights and freedoms. The UN Universal System of Protection of Human Rights is the only system of this type (no other has the characteristics of a universal system). Universalism gives the opportunity to create political, moral and legal norms and control mechanisms in the field of human rights to which the entire international community is subjected.

The United Nations Charter was signed on June 26, 1945 and entered into force on October 24, 1945. The most important provisions on human rights can be found in art. 1. It sets out the goals of the United Nations, and among them, along with the maintenance of international peace and security and the development of friendly relations between nations, the need for cooperation between states in the field of human rights protection has been enshrined. In subsequent years, this goal was interpreted quite broadly in connection with the most important goal, namely the maintenance of international peace and security.

Despite the few provisions strictly referring to human rights, it should be emphasized that the Charter is the most important international agreement. Thus, human rights provisions have a special value for the international community. The United Nations Charter (sometimes referred to as the UN Constitution) is an international agreement establishing the United Nations. In many places, it raises issues related to human rights. The United Nations recognized that all people are equal, and the conditions necessary to protect human rights are social progress and improvement of living conditions.

On December 10, 1948 the UN General Assembly adopted the Universal Declaration of Human Rights. To this day, it is one of the most important documents in the field of human rights adopted after the second world war. The catalogue of rights and freedoms confirmed in the document covers the first and the second generation. The Universal Declaration of Human Rights is recognized as the foundation for the protection of human rights, even though it is not legally binding (i.e. it can not directly punish the state for violations of its provisions).

Universal declaration of human rights:

• was the first post‑war international human rights document containing a catalogue of rights and freedoms,

• has become a pattern for the catalogue of the rights of the first and second generation,

• began the process of codification of international law in the field of human rights,

• prepared the states for the adoption of further, legally binding, documents.

The significance of the declaration is also evidenced by the fact that the documents elaborated at a later date refer to its provisions, and on December 10 every year we celebrate the International Day of Human Rights.

The adoption of the Universal Declaration of Human Rights was a great achievement of the states cooperating in the United Nations. We had to wait another 18 years for the next big success. This is how much work on the International Human Rights covenants has taken. There are two of them: the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights. Both documents were accepted by the UN General Assembly on December 16, 1966. Pacts, unlike the Universal Declaration of Human Rights, are, in formal and legal terms, binding international agreements. For this reason, work has been going on for so long, which is also their main distinguishing feature. Along with the Universal Declaration of Human Rights, the pacts constitute the International Charter on Human Rights. The covenants have been ratified by more than 160 countries, and hence the vast majority of the international community. Poland adopted them on March 18, 1977.

The catalogue of rights established by the International Covenant on Economic, Social and Cultural Rights:

• right to work and rights in work

• right to education

• right to an adequate standard of living, including food, water and housing

• right to health

• right to social security

• rights to enjoy and benefit from science and culture

Protocols to the International Covenant on Civil and Political Rights

First Optional Protocol

On the basis of this document, natural persons may submit notifications to the Human Rights Committee about violations of laws guaranteed in the pact made by the state. The protocol came into force on March 23, 1976.

Second Optional Protocol

The second optional protocol to the Pact was passed on December 15, 1989 and concerns the abolition of the death penalty. On its basis, states can rule and execute the death penalty only during war. It came into force on July 11, 1991.

Protocol to the International Covenant on Economic, Social and Cultural Rights

The protocol was adopted unanimously by the UN General Assembly. On its basis, individuals have the option of submitting notifications about violations of rights and freedoms enshrined in the covenant. The protocol was open for signature for the states‑parties to the pact on December 8, 2008, and entered into force on May 5, 2013. Only 11 countries have ratified it. At present, Poland is not in this circle.

The Convention on the Rights of the Child was adopted by the UN General Assembly on November 20, 1989, and entered into force in 1990. So far, it has been approved by 193 countries - it is a document on the issue of human rights that has the largest number of ratifications. Poland signed the Convention on the Rights of the Child on January 7, 1991. It is worth noting that Poland was the initiator of the creation of this convention. The document states that every child under the age of 18 is a child, and it contains rules for dealing with children, a catalogue of their rights and freedoms. The provisions contained in the Convention on the Rights of the Child are the basis for the activities of UNICEF, a humanitarian organization that is part of the UN system.

The Convention incorporates the whole spectrum of human rights - civil, political, economic, social and cultural - and sets out the specific ways these rights should be ensured for children and young people. The Convention recognises that children have the same human rights as adults, while also needing special protection due to their vulnerability.

The Committee on the Rights of the Child stands guard over the observance of the rights guaranteed in the Convention.

Within the framework of the United Nations, many regulations regarding individual rights or protection of specific groups have been adopted. Among the most important conventions negotiated on the UN forum, in addition to the Universal Declaration of Human Rights, the International Human Rights Covenants or the Convention on the Rights of the Child, one can mention, among others:

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

• Convention Relating to the Status of Refugees (1951),

• Convention on Political Rights of Women (1952),

• Convention on the Nationality of Married Women (1957),

• International Convention on the Elimination of All Forms of Racial Discrimination (1966),

• Convention on the Non‑Applicability of Statutory Limitations to War Crimes and Crimes Against Humanity (1968),

• International Convention on the Suppression and Punishment of the Crime of Apartheid (1973),

• Convention on the Elimination of All Forms of Discrimination Against Women (1979),

• Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (1984),

• International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (1990),

• Convention on the Rights of Persons with Disabilities (2006),

• International Convention on the Protection of All Persons from Enforced Disappearance (2006).

The main UN bodies include: the General Assembly, the Economic and Social Council, the Security Council, the Secretary General and the International Court of Justice. All these bodies undertake specific actions for human rights protection. The General Assembly and the Social and Economic Council initiate research and give recommendations to the states. In addition, the General Assembly accepts declarations and conventions. The conventions are then ratified by the member states. The Human Rights Council is a subsidiary body of the Assembly. The Social and Economic Council discusses first of all issues related to the rights of the second generation.

The main role of the Security Council is to respond to threats to international peace and security. Many threats of this type are a consequence of violations of human rights. In such situations, the Security Council may take appropriate action, including the possibility of applying sanctions. An example of the application of sanctions in the defense of human rights by the Security Council was the establishment of a no‑fly zone in Libya in 2011. Another example of the activities of the Security Council for the protection of human rights was the establishment of two international tribunals for war crimes in Rwanda and the former Yugoslavia. The International Court of Justice, which deals with states' complaints about human rights, can also deal with issues related to the observance of human rights. His decisions concerned, among others, genocide or the right of nations to self‑determination.

The Human Rights Council is an auxiliary body of the General Assembly. In 2006, it replaced the Human Rights Commission, which had been functioning since 1946. The reason for the dissolution of the commission was its politicization and the related inefficiency. The Council consists of 47 members (representatives of states) elected by the General Assembly. Its term of office lasts for three years, with one third of the composition giving way every year (rotational system). It applies the principle of equitable geographical distribution of seats, that is why 13 countries are elected from the area of Africa, 13 from Asia, 8 from Latin America and the Caribbean, 6 from Eastern Europe, 6 from Western Europe and 7 from the rest of the world. The Council meets for three regular sessions during each year. In addition, it can meet for special sessions. The states which are represented in the Council should have great achievements in the field of human rights and should abide by international standards in this matter. The most important task of this body is to respond to violations of human rights, especially those on a large scale (mass violations of human rights).

The Office of the United Nations High Commissioner for Refugees (UNHCR) was established in 1950. His task is to provide international care for refugees and to work for a lasting solution to the problem of people who had to leave their place of residence for fear of persecution. His mission is humanitarian and apolitical. The tasks carried out by UNHCR have a very wide range. In countries subject to armed conflicts, the organization provides aid to a large number of refugees and coordinates international humanitarian aid provided to all victims of the conflict. Currently, the global number of people forcibly displaced is over 51.2 million. UNHCR is looking after over 15 million of them. Almost 26 million are internal refugees, that is people who were forced for various reasons (conflicts, persecutions, natural disasters) to leave their place of residence, but remain within the country of origin. The headquarters of the Office of the High Commissioner for Refugees is Geneva.

The Office of the United Nations High Commissioner for Human Rights (UNHCHR) was established in December 1993. This commissioner acts in the rank of deputy UN Secretary‑General. He is the official responsible for coordinating UN work on human rights issues. In addition, he deals with the promotion of human rights and the development of cooperation with member states and non‑governmental organizations. His important function is to prevent and respond to human rights violations. The headquarters of the Office of the High Commissioner is Geneva.

At the United Nations, several important human rights tribunals were also set up. In 1998, state representatives passed the Treaty of Rome. On its basis, the International Criminal Court (ICC) was established. The Treaty of Rome has not been ratified by the United States, the Russian Federation, China and Israel, which lowers the importance of the ICC.

The universal system of human rights protection was created within the framework of the United Nations after the second world war. It is the only universal system that has been created so far. Despite numerous shortcomings, such as the long process of creating legal acts, weak control mechanisms, the lack of the will of states to enforce the observance of human rights among violators, this system is the only available one for many countries. This is especially true for Asian countries. No regional system for the protection of human rights has been established on this continent. This means that for Asian countries, international human rights standards are set by the UN.