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Universal system of human rights protection

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Link to the lesson

Before you start you should know
  • You are able to define the concept of human rights and describe how this concept has evolved.

  • You are able to name and characterize the generations of human rights.

  • You are able to classify international systems for the protection of human rights.

  • You are able to present the main objectives and tasks of the United Nations.

  • You are able to explain who the refugees are.

You will learn
  • You will be able to present the acts of international law negotiated in the framework of the UN in the field of human rights.

  • You will be able to name the UN bodies working to implement human rights, and analyze their functions.

  • You will be able to discuss the UN's effectiveness in the field of human rights.

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nagranie abstraktu

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 toexposed toexposed 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 entireentireentire 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 subsequentsubsequentsubsequent years, this goal was interpreted quite broadly in connection with the most important goal, namely the maintenance of international peace and security.

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Exercise 1
Decide if following statements are true or false. 1. The Charter of the United Nations does not define the concept of human rights. 2. The Charter of the United Nations register the catalogue of human rights.

Despite the few provisions strictly referring to human rights, it should be emphasizedto emphasizeemphasized 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 patternpatternpattern 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 elaboratedto elaborateelaborated at a later date refer to its provisions, and on December 10 every year we celebrate the International Day of Human Rights.

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Ilustracja interaktywna. W jej centrum znajduje się napis "Human rights". Wokół niego narysowano wyciągnięte w jego kierunku dłonie. Na ilustracji zamieszczono następujące informacje: 1. right to equality, freedom from discrimination, right to life, liberty, personal security, freedom from slavery, freedom from torture and degrading treatment. 2. right to recognition as a person before the law, right to equality before the law, right to remedy by competent tribunal, freedom from arbitrary arrest and exile, right to fair public hearing. 3. right to be considered innocent until proven guilty, freedom from interference with privacy, family, home and correspondence, right to free movement in and out of the country, right to asylum in other countries from persecution, right to a nationality and the freedom to change it. 4. right to marriage and family, right to own property, freedom of belief and religion, freedom of opinion and information, right of peaceful assembly and association. 5. right to participate in government and in free elections, right to social security, right to desirable work and to join trade unions, right to rest and leisure, right to adequate living standard. 6. right to education, right to participate in the cultural life of community, right to a social order that articulates this document, community duties essential to free and full development, freedom from state or personal interference in the above rights.
The catalogue of rights established by the Universal Declaration of Human Rights
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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 distinguishingdistinguishingdistinguishing 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 vastvastvast majority of the international community. Poland adopted them on March 18, 1977.

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Grafika przedstawia dłonie, na których wymalowano mapę świata. Przedstawione są na tle nieba. Na grafice zamieszczono następujące informacje: 1. right to self-determination, rights to equality and non-discrimination, right to an effective remedy, equal rights of men and women, right to life. 2. freedom from torture or cruel, degrading or inhuman treatment or punishment, freedom from slavery and forced labour, security of the person and freedom from arbitrary detention, right to humane treatment in detention. 3. prohibition of imprisonment for inability to fulfil a contract, right to freedom of movement, fair trial and fair hearing rights, minimum guarantees in criminal proceedings, prohibition on retrospective criminal laws, right to recognition as a person. 4. freedom from interference with privacy, family, home or reputation, freedom of thought, conscience and religion or belief, freedom of information, opinion and expression, prohibition of advocacy of national, racial or religious hatred. 5. freedom of assembly, freedom of association, right to respect for the family, right to marry and found a family, rights of parents and children, right to name and nationality. 6. right to take part in public affairs, voting rights and access to public service, rights of members of ethnic, linguistic and religious minorities.
The catalogue of rights established by the International Covenant on Civil and Political Rights
Source: licencja: CC 0.

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 unanimouslyunanimouslyunanimously 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 vulnerabilityvulnerabilityvulnerability.

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Fotografia czarno-biała. Przedstawia zbliżenie na ludzkie oko. Jedynym kolorowym elementem jest tęczówka, w której odbijają się płomienie. Na fotografii zamieszczono następujące informacje: 1. Respect for the best interests of the child as a primary consideration. 2. The right to survival and development. 3. The right of all children to express their views freely on all matters affecting them. 4. The right of all children to enjoy all the rights of the Convention without discrimination of any kind.
Some of the guiding principles in the Convention on the Rights of the Child
Source: licencja: CC 0.

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 GenocidegenocideGenocide (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 DegradingdegradingDegrading 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 Enforcedto enforceEnforced 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 subsidiarysubsidiary, auxiliarysubsidiary 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 auxiliarysubsidiary, auxiliaryauxiliary 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 politicizationpoliticizationpoliticization 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 shortcomingsshortcomingsshortcomings, 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.

Exercise 2

Recall the rules of an Oxford debate. Watch the animation below.

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Film na temat debaty oksfordzkiej. An Oxford debate is a discussion on a thesis. The debating sides are the Proposition, who tries to convince the audience to believe the thesis and the Opposition, who tries to disprove and refute the thesis. Who participates in the debate? Marshal - runs the debate - makes sure the debate goes smoothly - states the rules of the debate - gives the floor - ensures the proper language use and the level of discussion - informs about the result of the debate and provides a short summary Secretary - helps the Marshal - informs about the time (30 sec. before the end of a statement, and at the end of it) The Marshal and the Secretary have to remain impartial. Speakers There are four speakers at the Proposition side of the debate, and four at the Opposition side. The first speakers are supposed to introduce the thesis of the debate and give a couple of arguments. The second speakers develop the argumentation of each side, taking into consideration the arguments of their opponents. The third speakers undermine the arguments of the opposite side. The fourth speakers sum up the argumentation of their sides. Audience The audience listens to all the statements and in the open part of the debate has the possibility to back one of the sides. Debate room set-up The fundamental thing for the debate is the division for the two sides: for and against the thesis. The Proposition and Opposition sides sit vis-à vis each other. The Marshal and the Secretary sit between the sides. Traditionally, the Proposition should sit on the right-hand side of the Marshal, and the Opposition - on his left hand side. The Audience sits in front of the Marshal and the Secretary. The thesis of the debate The debate is a discussion on the thesis that is defended by the Proposition, and attacked by the Opposition. The thesis: has to be precise, cannot be a question or sound like a choice, has to clearly state an opinion on a subject The course of the debate The first speaker of the Proposition always begins the debate. Then, alternately, speakers of each side make their statements. The debate is always closed by the fourth speaker of the Opposition. Each of the speakers has up to 4 minutes for his statement. Each statement has to begin with a short invocation to the Marshal, the opposite side, and the Audience (in exactly this order), for example “Mister Marshal, esteemed oponentes, dear Audience!”) After the statements, it is the Audience’s time to speak up. The Marshal shall give the voice to some members of the Audience, who will have no more than 2 minutes for their statement. Questions and information During each statement the Audience has the right to ask for the floor by raising their hand and yelling “question” or “information”. An interruption of such kind may last no longer than a few seconds. The speaker has the right to reject the interruption, and then the person who wanted to interfere, has to sit down without uttering a word. Interruptions without the speakers permission are strictly forbidden, and the Marshal’s responsibility is to intervene decisively. The interruptions spice up the debate and force the speaker to react to the Audience. The vote The Marshal orders the vote, and the Audience decides, whose arguments were more convincing, and whether the thesis was proved right or wrong. During the vote the Audience should only take into consideration the arguments and rhetorics of the speakers, and leave their personal views on the subject outside the debate room. The debate ends with a short summary provided by the Marshal, who also presents the results of the debate.
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Exercise 3
Ćwiczenie alternatywne: Listen to the abstract recording to review the material and new vocabulary. Then do the vocabulary exercise. Explain the meaning of following words: remedy; unanimously; vulnerability; subsidiary, auxiliary; genocide; politicization; to enforce; shortcomings. If it's too difficult, use lesson's glossary.

Keywords

United Nations Charter, Universal Declaration of Human Rights, International Covenant on Civil and Political Rights, International Covenant on Economic, Social and Cultural Rights, optional protocols, Convention on the Rights of the Child, UNICEF, Human Rights Council, United Nations High Commissioner for Refugees, United Nations High Commissioner for Human Rights, International Criminal Court

Glossary

exposed to
exposed to
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Nagranie słówka: exposed to

narażony na

entire
entire
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Nagranie słówka: entire

cały

subsequent
subsequent
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Nagranie słówka: subsequent

kolejne

to lay down
to lay down
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Nagranie słówka: to lay down

ustanowić

to emphasize
to emphasize
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Nagranie słówka: to emphasize

podkreślać

pattern
pattern
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Nagranie słówka: pattern

wzorzec

to elaborate
to elaborate
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Nagranie słówka: to elaborate

opracować, rozwinąć

degrading
degrading
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Nagranie słówka: degrading

poniżający

distinguishing
distinguishing
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Nagranie słówka: distinguishing

wyróżniający

feature
feature
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Nagranie słówka: feature

cecha

vast
vast
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Nagranie słówka: vast

szeroki

remedy
remedy
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Nagranie słówka: remedy

środek odwoławczy

unanimously
unanimously
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Nagranie słówka: unanimously

jednogłośnie

vulnerability
vulnerability
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Nagranie słówka: vulnerability

wrażliwość

subsidiary, auxiliary
subsidiary, auxiliary
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Nagranie słówka: subsidiary, auxiliary

pomocniczy

genocide
genocide
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Nagranie słówka: genocide

ludobójstwo

politicization
politicization
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Nagranie słówka: politicization

upolitycznienie

to enforce
to enforce
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Nagranie słówka: to enforce

wyegzekwować

shortcomings
shortcomings
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Nagranie słówka: shortcomings

niedociągnięcia