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Northern Ireland Human Rights Commission

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The Northern Ireland Human Rights Commission ( NIHRC ) is a non-departmental public body funded through the Northern Ireland Office but operating independently of government as the national human rights institution (NHRI) for Northern Ireland . It came into existence on 1 March 1999, having been created by the Parliament of the United Kingdom through section 68 of the Northern Ireland Act 1998 , in compliance with a commitment made by the UK Government in the Belfast (Good Friday) Agreement of 10 April 1998. Its powers were amended by the Justice and Security (Northern Ireland) Act 2007 .

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113-592: The Commission broadly succeeded the Standing ;Advisory Commission on Human Rights (SACR), which was largely ineffective, with SACR demanding, and failing to receive new powers up until its replacement. The Commission's role is to promote awareness of the importance of human rights in Northern Ireland, to review existing law and practice and to advise the Secretary of State for Northern Ireland and

226-595: A Bill of Rights for Northern Ireland. The Commission was offered an additional £30,000 by Atlantic in 2010, but its sponsor department, the Northern Ireland Office, refused it permission to accept the funding. In June 2011 it was reported that the NIHRC had, in the course of its restructuring, engaged the services of a personnel consultant who had some years previously been struck off the nursing register for cruelty towards elderly patients. The restructuring resulted in

339-730: A Consultative Group of five countries, one from each region. Following interviews by the Consultative Group, the Group provides a shortlist of candidates to the UNHRC President. Following consultations with the leadership of each regional grouping, the President presents a single candidate to be approved by the Member states of the UNHRC at the session following a new mandate's creation or on the expiration of

452-536: A broad range of civil, political, economic, social, and cultural rights, such as the right to life , freedom of expression , protection against enslavement , and access to education . The modern concept of human rights gained significant prominence after World War II , particularly in response to the atrocities of the Holocaust , leading to the adoption of the Universal Declaration of Human Rights (UDHR) by

565-537: A central focus in international relations and legal frameworks, supported by institutions such as the United Nations, various non-governmental organizations, and national bodies dedicated to monitoring and enforcing human rights standards worldwide. Many of the basic ideas that animated the human rights movement developed in the aftermath of the Second World War and the events of the Holocaust , culminating in

678-412: A complaint should not publicly state the fact that they have submitted a complaint. To be accepted complaints must: The complaint procedure is not designed to provide remedies in individual cases or to provide compensation to alleged victims. Due to the confidential manner of the procedure, it is almost impossible to find out what complaints have passed through the procedure and also how effective

791-422: A country's population economically in order dampen that population's view of its government. It is also argued that, counterproductively, sanctions on offending authoritarian governments strengthen that government's position domestically as governments would still have more mechanisms to find funding than their critics and opposition, who become further weakened. The risk of human rights violations increases with

904-562: A given country. Although not all NHRIs are compliant with the Paris Principles, the number and effect of these institutions is increasing. The Paris Principles were defined at the first International Workshop on National Institutions for the Promotion and Protection of Human Rights in Paris on 7–9 October 1991, and adopted by United Nations Human Rights Commission Resolution 1992/54 of 1992 and

1017-601: A mandate to investigate alleged human rights violations. 47 of the 193 UN member states sit on the council, elected by simple majority in a secret ballot of the United Nations General Assembly . Members serve a maximum of six years and may have their membership suspended for gross human rights abuses. The council is based in Geneva , and meets three times a year; with additional meetings to respond to urgent situations. Independent experts ( rapporteurs ) are retained by

1130-650: A mandate to promote and safeguard certain of the rights later included in the Universal Declaration of Human Rights (UDHR): the primary goal of the ILO today is to promote opportunities for women and men to obtain decent and productive work, in conditions of freedom, equity, security and human dignity. The Universal Declaration of Human Rights (UDHR) is a non-binding declaration adopted by the United Nations General Assembly in 1948, partly in response to

1243-471: A number of Industrial Tribunal (employment court) cases against the Commission, which were settled from public funds with clauses binding the claimants to confidentiality. The NIHRC’s ability to work on legal cases has been reportedly facing limitations following repeated budget cuts. The human rights watchdog has a budget of only over £1.1m and argues that this figure too has been halved since 2010. Since 2009,

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1356-500: A particular area of human rights, or working groups, usually composed of five members (one from each UN region). As of August 2017 there were 44 thematic and 12 country mandates. The mandates of the special procedures are established and defined by the resolution creating them. Various activities can be undertaken by mandate-holders, including responding to individual complaints, conducting studies, providing advice on technical cooperation, and engaging in promotional activities. Generally

1469-403: A particular treaty. Complaints are confidential and the UNHRC will only communicate with the complainant, unless it decides that the complaint will be addressed publicly. The interaction with the complainant and the UNHRC during the complaints procedure will be on an as-needed basis. UNHRC Resolution 5/1, paragraph 86, emphasizes that the procedure is victims-oriented. Paragraph 106 provides that

1582-567: A reaction to slavery, torture, genocide, and war crimes. The medieval natural law tradition was heavily influenced by the writings of St Paul's early Christian thinkers such as St Hilary of Poitiers , St Ambrose , and St Augustine . Augustine was among the earliest to examine the legitimacy of the laws of man, and attempt to define the boundaries of what laws and rights occur naturally based on wisdom and conscience, instead of being arbitrarily imposed by mortals, and if people are obligated to obey laws that are unjust . The Kouroukan Fouga

1695-673: A special session to address human rights violations and emergencies, at the request of one-third of the member states. As of November 2023 , there had been 36 special sessions. The Council consists of 47 members, elected yearly by the General Assembly for staggered three-year terms. Members are selected via the basis of equitable geographic rotation using the United Nations regional grouping system . Members are eligible for re-election for one additional term, after which they must relinquish their seat. The seats are distributed along

1808-493: A typology of six paradigms of action that agents, such as human rights agencies, international organizations, individual states, and NGOs , could use to enforce human rights: (1) accountability, (2) inducement, (3) assistance, (4) domestic contestation and engagement, (5) compulsion, and (6) external adaptation. Responsibility to protect refers to a doctrine for United Nations member states to intervene to protect populations from atrocities. It has been cited as justification in

1921-618: Is a quasi-judicial organ of the African Union tasked with promoting and protecting human rights and collective (peoples') rights throughout the African continent as well as interpreting the African Charter on Human and Peoples' Rights and considering individual complaints of violations of the Charter. The commission has three broad areas of responsibility: In pursuit of these goals, the commission

2034-663: Is an autonomous organ of the Organization of American States, also based in Washington, D.C. Along with the Inter-American Court of Human Rights , based in San José , Costa Rica, it is one of the bodies that comprise the inter-American system for the promotion and protection of human rights. The IACHR is a permanent body which meets in regular and special sessions several times a year to examine allegations of human rights violations in

2147-725: Is an international organization, headquartered in Washington, D.C., United States. Its members are the thirty-five independent states of the Americas. Over the course of the 1990s, with the end of the Cold War , the return to democracy in Latin America, and the thrust toward globalization , the OAS made major efforts to reinvent itself to fit the new context. Its stated priorities now include the following: The Inter-American Commission on Human Rights (the IACHR)

2260-410: Is mandated to "collect documents, undertake studies and researches on African problems in the field of human and peoples, rights, organise seminars, symposia and conferences, disseminate information, encourage national and local institutions concerned with human and peoples' rights and, should the case arise, give its views or make recommendations to governments" (Charter, Art. 45). With the creation of

2373-478: Is now considered to be a central component of international customary law which may be invoked under appropriate circumstances by state judiciaries and other judiciaries. In 1966, the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR) were adopted by the United Nations, between them making the rights contained in

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2486-859: Is supported by the Division for the Advancement of Women (DAW). CEDAW formerly held all its sessions at United Nations headquarters in New York but now frequently meets at the United Nations Office in Geneva; the other treaty bodies meet in Geneva. The Human Rights Committee usually holds its March session in New York City. The human rights enshrined in the UDHR, the Geneva Conventions and the various enforced treaties of

2599-606: Is that a complaint can be made against any state, regardless of whether it has ratified a particular treaty . Due to the limited information that is provided on the complaints procedure it is hard to make comments on the process itself, the resources it uses versus its effectiveness. In addition to the UPR, the Complaint Procedure, and the Advisory Committee, the UNHRC's other subsidiary bodies include: "Special procedures"

2712-615: Is the general name given to the mechanisms established by the Human Rights Council to gather expert observations and advice on human rights issues in all parts of the world. Special procedures are categorized as either thematic mandates, which focus on major phenomena of human rights abuses worldwide, or country mandates, which report on human rights situations in specific countries or territories. Special procedures can be either individuals (called " special rapporteurs " or "independent experts"), who are intended to be independent experts in

2825-471: Is widely accepted, debates persist regarding which rights should take precedence, how they should be implemented, and their applicability in different cultural contexts. Criticisms often arise from perspectives like cultural relativism , which argue that individual human rights are inappropriate for societies that prioritise a communal or collectivist identity, and may conflict with certain cultural or traditional practices. Nonetheless, human rights remain

2938-542: The 2022 Russian invasion of Ukraine . Deputy Permanent Representative Gennady Kuzmin said that Russia had withdrawn from the council earlier in the day in expectation of the vote. Russia was only the second Human Rights Council member to be suspended from the UN body, after Libya in 2011, and it was the first permanent member of the UN Security Council to be suspended from any United Nations body. An important component of

3051-701: The African Court on Human and Peoples' Rights (under a protocol to the Charter which was adopted in 1998 and entered into force in January 2004), the commission will have the additional task of preparing cases for submission to the Court's jurisdiction. In a July 2004 decision, the AU Assembly resolved that the future Court on Human and Peoples' Rights would be integrated with the African Court of Justice. The Court of Justice of

3164-641: The European Convention on Human Rights (which is already part of the law in Northern Ireland as a result of the passing of the Human Rights Act 1998 ). The Commission is required to maintain a Joint Committee with the former Irish Human Rights Commission (now the Irish Human Rights and Equality Commission ) created to fulfil the same role in the Republic of Ireland . Many of the initial members of

3277-534: The Executive Committee of the Northern Ireland Assembly on what legislative or other measures ought to be taken to protect human rights in Northern Ireland. In addition, the Commission is able to conduct investigations, enter places of detention (subject to a requirement to give notice), and to compel individuals and agencies to give oral testimony or to produce documents. The Commission also has

3390-866: The Human Rights Council , treaty bodies and other United Nations human rights bodies. The NIHRC was the first NHRI in the UK, but following the creation of the Scottish Human Rights Commission (SHRC) and the Equality and Human Rights Commission (EHRC), both now ICC-accredited, the three bodies share representation and voting rights in the ICC and its regional network, the European Group of NHRIs . The NIHRC has since 1999 engaged in parallel reporting ("shadow reporting") at almost every UK periodic examination under

3503-399: The United Nations General Assembly in 1948. This document outlined a comprehensive framework of rights that countries are encouraged to protect, setting a global standard for human dignity , freedom, and justice. The UDHR has since inspired numerous international treaties and national laws designed to promote and safeguard these rights globally. While the principle of universal human rights

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3616-523: The United Nations Office at Geneva in Switzerland . The Council investigates allegations of breaches of human rights in United Nations member states and addresses thematic human rights issues like freedom of association and assembly , freedom of expression , freedom of belief and religion , women's rights , LGBT rights , and the rights of racial and ethnic minorities . The Council

3729-977: The United Nations Security Council and the United Nations Human Rights Council , and there are numerous committees within the UN with responsibilities for safeguarding different human rights treaties. The most senior body of the UN with regard to human rights is the Office of the High Commissioner for Human Rights. The United Nations has an international mandate 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. The UN Human Rights Council, created in 2005, has

3842-476: The Virginia Declaration of Rights of 1776 encoded into law a number of fundamental civil rights and civil freedoms. We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. Philosophers such as Thomas Paine , John Stuart Mill , and Hegel expanded on

3955-520: The World Trade Organization . The Sub-Commission on the Promotion and Protection of Human Rights was the main subsidiary body of the CHR. The Sub-Commission was composed of 26 elected human rights experts whose mandate was to conduct studies on discriminatory practices and to make recommendations to ensure that racial, national, religious, and linguistic minorities are protected by law. In 2006,

4068-433: The common law and many later constitutional documents related to human rights, such as the 1689 English Bill of Rights , the 1789 United States Constitution , and the 1791 United States Bill of Rights . 17th century English philosopher John Locke discussed natural rights in his work, identifying them as being "life, liberty, and estate (property)", and argued that such fundamental rights could not be surrendered in

4181-923: The social contract . In Britain in 1689, the English Bill of Rights and the Scottish Claim of Right each made a range of oppressive governmental actions, illegal. Two major revolutions occurred during the 18th century, in the United States (1776) and in France (1789), leading to the United States Declaration of Independence and the French Declaration of the Rights of Man and of the Citizen respectively, both of which articulated certain human rights. Additionally,

4294-637: The 1864 Lieber Code and the first of the Geneva Conventions in 1864 laid the foundations of International humanitarian law , to be further developed following the two World Wars. The League of Nations was established in 1919 at the negotiations over the Treaty of Versailles following the end of World War I . The League's goals included disarmament, preventing war through collective security, settling disputes between countries through negotiation, diplomacy and improving global welfare. Enshrined in its Charter

4407-465: The African Court on Human and Peoples' Rights entered into force in January 2004, but its merging with the Court of Justice has delayed its establishment. The Protocol establishing the Court of Justice will come into force when ratified by 15 countries. There are many countries in Africa accused of human rights violations by the international community and NGOs. The Organization of American States (OAS)

4520-527: The African Union is intended to be the "principal judicial organ of the Union" (Protocol of the Court of Justice of the African Union, Article 2.2). Although it has not yet been established, it is intended to take over the duties of the African Commission on Human and Peoples' Rights, as well as act as the supreme court of the African Union, interpreting all necessary laws and treaties. The Protocol establishing

4633-478: The Commission felt that it did not have enough powers to effectively fulfil its mandate. Some powers they wished to gain include: The latter two were granted under the Justice and Security Act (Northern Ireland) 2007. The third Chief Commissioner, Professor Michael O'Flaherty , took office on 19 September 2011, following the early departure on 31 August of Monica McWilliams , who had succeeded

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4746-523: The Council consists of a periodic review of all 193 UN member states, called the Universal Periodic Review (UPR). The mechanism is based on reports coming from different sources, one of them being contributions from non-governmental organisations (NGOs). Each country's situation will be examined during a three-and-a-half-hour debate. The first cycle of the UPR took place between 2008 and 2011,

4859-496: The Duty of Civil Disobedience which was later influential on human rights and civil rights thinkers. United States Supreme Court Justice David Davis , in his 1867 opinion for Ex Parte Milligan , wrote "By the protection of the law, human rights are secured; withdraw that protection and they are at the mercy of wicked rulers or the clamor of an excited people." Many groups and movements have managed to achieve profound social changes over

4972-616: The General Assembly Resolution 48/134 of 1993. The Paris Principles list a number of responsibilities for national institutions. The African Union (AU) is a continental union consisting of fifty-five African states. Established in 2001, the AU's purpose is to help secure Africa's democracy, human rights, and a sustainable economy, especially by bringing an end to intra-African conflict and creating an effective common market. The African Commission on Human and Peoples' Rights (ACHPR)

5085-565: The General Assembly elect the members who occupy 47 seats of the Human Rights Council. The term of each seat is three years, and no member may occupy a seat for more than two consecutive terms. The previous CHR had a membership of 53 elected by the Economic and Social Council (ECOSOC) through a majority of those present and voting. The UNHRC holds regular sessions three times a year, in March, June, and September. The UNHRC can decide at any time to hold

5198-404: The Human Rights Council as a forum and a springboard for action." — Ban Ki-moon , UN Secretary-General , 2007 The United Nations Human Rights Council ( UNHRC ) is a United Nations body whose mission is to promote and protect human rights around the world. The Council has 47 members elected for staggered three-year terms on a regional group basis. The headquarters of the Council are at

5311-419: The NIHRC became involved in the Holy Cross dispute in which loyalists blockaded a girls' Primary School in Ardoyne , Belfast in 2001 and 2002. Dickson disagreed with a decision by the NIHRC's casework committee to support a parent's legal challenge to the policing of the dispute, and wrote in those terms to the then Chief Constable of the Royal Ulster Constabulary . The letter entered the public domain during

5424-409: The School of Salamanca, defined law as a moral power over one's own.50 Although they maintained at the same time, the idea of law as an objective order, they stated that there are certain natural rights, mentioning both rights related to the body (right to life, to property) and to the spirit (right to freedom of thought, dignity). The jurist Vázquez de Menchaca, starting from an individualist philosophy,

5537-426: The Secretary of State. From December 2009 to 31 March 2010 the Northern Ireland Office conducted a public consultation on its response to the Commission's recommendations, most of which were firmly rejected by the government. The Commission continues to campaign for enactment of a comprehensive Bill but the change of government following the 2010 general election made such an outcome very unlikely. In August 2010 it

5650-448: The Special Rapporteur now has as his/her duty to report not only infringements of the rights to freedom of expression, but in some cases also employment of the rights, which "turns the special rapporteur's mandate on its head". Outside the UN, the amendment was criticised by organizations including Reporters Without Borders , Index on Censorship , Human Rights Watch , and the International Humanist and Ethical Union , all of whom share

5763-403: The UDHR and accompanying treaties, but the UDHR quickly became the priority. Canadian law professor John Humprey and French lawyer René Cassin were responsible for much of the cross-national research and the structure of the document respectively, where the articles of the declaration were interpretative of the general principle of the preamble. The document was structured by Cassin to include

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5876-452: The UDHR binding on all states. They came into force only in 1976, when they were ratified by a sufficient number of countries (despite achieving the ICCPR, a covenant including no economic or social rights, the US only ratified the ICCPR in 1992). The ICESCR commits 155 state parties to work toward the granting of economic, social, and cultural rights (ESCR) to individuals. Numerous other treaties ( pieces of legislation ) have been offered at

5989-433: The UN and was designated as part of the United Kingdom's independent mechanism for promoting, monitoring and protecting implementation in the state of the United Nations Convention on the Rights of Persons with Disabilities (CRPD). It shared that role with the other two NHRIs in the UK – the EHRC and SHRC – and a fourth body, the Equality Commission for Northern Ireland (ECNI). Since the 2011 restructuring, which resulted in

6102-618: The UNHRC of cases that would be considered consistent patterns of gross human rights violations include alleged deterioration of human rights of people belonging to a minority, including forced evictions, racial segregation and substandard living conditions, and alleged degrading situation of prison conditions for both detainees and prison workers, resulting in violence and death of inmates. Individuals, groups, or NGOs can claim to be victims of human rights violations or that have direct, reliable knowledge of such violations. Complaints can be regarding any state, regardless of whether it has ratified

6215-419: The UNHRC under the complaint procedure since 2006. This was only available to the public as of 2014, however generally does not give any details regarding the situations that were under consideration other than the state that was involved. In some cases the information is slightly more revealing, for example a situation that was listed was the situation of trade unions and human rights defenders in Iraq that

6328-528: The United Nations are enforceable in law. In practice, many rights are very difficult to legally enforce due to the absence of consensus on the application of certain rights, the lack of relevant national legislation or of bodies empowered to take legal action to enforce them. There exist a number of internationally recognized organisations with worldwide mandate or jurisdiction over certain aspects of human rights: The ICC and other international courts (see Regional human rights below ) exist to take action where

6441-409: The WGC. The UNHRC considered four complaints in their 19th session in 2012. The majority of the situations that have been considered have since been discontinued. History shows that the procedure works almost in a petition like way; if enough complaints are received then the UNHRC is very likely to assign a special rapporteur to the state or to the issue at hand. It has been said that an advantage of

6554-431: The adoption of the Universal Declaration of Human Rights in Paris by the United Nations General Assembly in 1948. Ancient peoples did not have the same modern-day conception of universal human rights. However, the concept has in some sense existed for centuries, although not in the same way as today. The true forerunner of human rights discourse was the concept of natural rights , which first appeared as part of

6667-491: The basic principles of dignity, liberty, equality and brotherhood in the first two articles, followed successively by rights pertaining to individuals; rights of individuals in relation to each other and to groups; spiritual, public and political rights; and economic, social and cultural rights . The final three articles place, according to Cassin, rights in the context of limits, duties and the social and political order in which they are to be realized. Humphrey and Cassin intended

6780-404: The complaint procedure shall ensure that complainants are informed of the proceedings at the key stages. The WGC may request further information from complainants or a third party. Following the initial screening a request for information will be sent to the state concerned, which shall reply within three months of the request being made. WGS will then report to the UNHRC, which will usually be in

6893-450: The concept of human rights has been argued as a strategy to prevent human rights abuses. Many examples of legal instruments at the international, regional and national level described below are designed to enforce laws securing human rights. The United Nations (UN) is the only multilateral governmental agency with universally accepted international jurisdiction for universal human rights legislation. All UN organs have advisory roles to

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7006-436: The contribution of candidates to the promotion and protection of human rights and their voluntary pledges and commitments made thereto", and that "members elected to the Council shall uphold the highest standards in the promotion and protection of human rights". Under those provisions, and in response to a recommendation made by the Council's members, on 1 March 2011 the General Assembly voted to suspend Libya's membership in

7119-421: The core international human rights treaties. They are supported by and are created by the treaty that they monitor, With the exception of the CESCR, which was established under a resolution of the Economic and Social Council to carry out the monitoring functions originally assigned to that body under the Covenant, they are technically autonomous bodies, established by the treaties that they monitor and accountable to

7232-536: The council to investigate alleged human rights abuses and to report to the council. The Human Rights Council may request that the Security Council refer cases to the International Criminal Court (ICC) even if the issue being referred is outside the normal jurisdiction of the ICC. In addition to the political bodies whose mandate flows from the UN charter, the UN has set up a number of treaty-based bodies, comprising committees of independent experts who monitor compliance with human rights standards and norms flowing from

7345-437: The course of the 20th century in the name of human rights. In Western Europe and North America, labour unions brought about laws granting workers the right to strike, establishing minimum work conditions and forbidding or regulating child labour . The women's rights movement succeeded in gaining for many women the right to vote . National liberation movements in many countries succeeded in driving out colonial powers. One of

7458-450: The departure of staff with disability expertise, the NIHRC has ceased work on the CRPD and the ECNI has in effect become the sole element of the independent mechanism in Northern Ireland. The NIHRC's ICC accreditation was reviewed in May 2011, and the recommendation for renewed A status became effective in July. The NIHRC has been involved in a number of controversies since its creation. During Brice Dickson's tenure as Chief Commissioner,

7571-416: The duties of the Special Rapporteur on Freedom of Expression, passed by the Human Rights Council on 28 March 2008, gave rise to sharp criticism from western countries and human rights NGOs. The additional duty is phrased thus: (quoted from p. 67 in the official draft record of the council). The amendment was proposed by Egypt and Pakistan and passed by 27 votes to 15 against, with three abstentions with

7684-437: The events of World War II . The UDHR urges member states to promote a number of human, civil, economic and social rights, asserting these rights are part of the "foundation of freedom, justice and peace in the world". The declaration was the first international legal effort to limit the behavior of states and make sure they did their duties to their citizens following the model of the rights-duty duality . ... recognition of

7797-1009: The experience of sexual initiation rites with men and passing sex training tests on girls are designed to make them more appealing as marriage prospects. Measures to help the economic status of vulnerable groups in order to reduce human rights violations include girls' education and guaranteed minimum incomes and conditional cash transfers , such as Bolsa familia which subsidize parents who keep children in school rather than contributing to family income, has successfully reduced child labor . Human rights abuses are monitored by United Nations committees, national institutions and governments and by many independent non-governmental organizations , such as Amnesty International , Human Rights Watch , World Organisation Against Torture , Freedom House , International Freedom of Expression Exchange and Anti-Slavery International . These organisations collect evidence and documentation of human rights abuses and apply pressure to promote human rights. Educating people on

7910-427: The first holder of the office, Professor Brice Dickson , in 2005. There is a variable number of part-time commissioners (currently seven, all appointed from 1 September 2011). The term of office is also variable: up to five years for the Chief Commissioner, and up to three years for other Commissioners. Until 2011, the norm was to offer three-year appointments and to offer a second term. Professor O'Flaherty's appointment

8023-441: The following lines: The General Assembly can suspend the rights and privileges of any Council member that it decides has persistently committed gross and systematic violations of human rights during its term of membership. The suspension process requires a two-thirds majority vote by the General Assembly. The resolution establishing the UNHRC states that "when electing members of the Council, Member States shall take into account

8136-415: The form of a draft resolution or decision on the situation referred to in the complaint. The UNHRC will decide on the measures to take in a confidential manner as needed, but this will occur at least once a year. As a general rule, the period of time between the transmission of the complaint to the state concerned and consideration by the UNHRC shall not exceed 24 months. Those individuals or groups who make

8249-469: The hemisphere. Its human rights duties stem from three documents: The Inter-American Court of Human Rights was established in 1979 with the purpose of enforcing and interpreting the provisions of the American Convention on Human Rights. Its two main functions are thus adjudicatory and advisory. Under the former, it hears and rules on the specific cases of human rights violations referred to it. Under

8362-400: The inclusion of all rights in a Unity Resolution, the rights enshrined in the UDHR were split into two separate covenants, allowing states to adopt some rights and derogate others. Although this allowed the covenants to be created, it denied the proposed principle that all rights are linked, which was central to some interpretations of the UDHR. Although the UDHR is a non-binding resolution, it

8475-548: The increase in financially vulnerable populations. Girls from poor families in non-industrialized economies are often viewed as a financial burden on the family and marriage of young girls is often driven in the hope that daughters will be fed and protected by wealthier families. Female genital mutilation and force-feeding of daughters is argued to be similarly driven in large part to increase their marriage prospects and thus their financial security by achieving certain idealized standards of beauty. In certain areas, girls requiring

8588-559: The inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world The UDHR was framed by members of the Human Rights Commission, with Eleanor Roosevelt as chair, who began to discuss an International Bill of Rights in 1947. The members of the Commission did not immediately agree on the form of such a bill of rights, and whether, or how, it should be enforced. The Commission proceeded to frame

8701-589: The international level. They are generally known as human rights instruments . Some of the most significant are: In 2021 the United Nations Human Rights Council officially recognized "having a clean, healthy and sustainable environment" as a human right. In April 2024, the European Court of Human Rights ruled, for the first time in history, that the Swiss government had violated human rights by not acting strongly enough to stop climate change. Charles Beitz proposes

8814-531: The issue of the term universal , the declarations did not apply to domestic discrimination or racism. Henry J. Richardson III argued: The onset of the Cold War soon after the UDHR was conceived brought to the fore divisions over the inclusion of both economic and social rights and civil and political rights in the declaration. Capitalist states tended to place strong emphasis on civil and political rights (such as freedom of association and expression), and were reluctant to include economic and social rights (such as

8927-527: The latter, it issues opinions on matters of legal interpretation brought to its attention by other OAS bodies or member states. There are no Asia-wide organisations or conventions to promote or protect human rights. Countries vary widely in their approach to human rights and their record of human rights protection. The Association of Southeast Asian Nations (ASEAN) is a geo-political and economic organization of 10 countries located in Southeast Asia, which

9040-475: The legal proceedings and caused internal disputes in the Commission, leading to the resignation of some Commissioners and the 'withdrawal' of two others and criticism of the Commission by community leaders. The Commission continued to fund the parent's case, which was ultimately unsuccessful in the House of Lords , which itself was critical of the Commission's intervention in the case. A Belfast man, Christy Walsh , who

9153-516: The light of the situation in the country in the wake of Muammar Gaddafi 's "violent crackdown on anti-government protestors"; Libya was reinstated as a Council member on 18 November 2011. On 7 April 2022, just days after photographic and video material of the Bucha massacre emerged, the eleventh emergency special session of the General Assembly suspended Russia from the council due to the gross and systematic violations of human rights committed during

9266-611: The medieval natural law tradition. It developed in new directions during the European Enlightenment with such philosophers as John Locke , Francis Hutcheson , and Jean-Jacques Burlamaqui , and featured prominently in the political discourse of the American Revolution and the French Revolution . From this foundation, the modern human rights arguments emerged over the latter half of the 20th century, possibly as

9379-576: The most influential was Mahatma Gandhi 's leadership of the Indian independence movement . Movements by long-oppressed racial and religious minorities succeeded in many parts of the world, among them the civil rights movement , and more recent diverse identity politics movements, on behalf of women and minorities in the United States. The foundation of the International Committee of the Red Cross ,

9492-462: The national legal system of a state is unable to try the case itself. If national law is able to safeguard human rights and punish those who breach human rights legislation, it has primary jurisdiction by complementarity. Only when all local remedies have been exhausted does international law take effect. In over 110 countries, national human rights institutions (NHRIs) have been set up to protect, promote or monitor human rights with jurisdiction in

9605-846: The newly created UNHRC assumed responsibility for the Sub-Commission. The Sub-Commission's mandate was extended for one year (to June 2007), but it met for the final time in August 2006. At its final meeting, the Sub-Commission recommended the creation of a Human Rights Consultative Committee to provide advice to the UNHRC. In September 2007, the UNHRC decided to create an Advisory Committee to provide expert advice with 18 members, distributed as follows: five from African states; five from Asian states; three from Latin American and Caribbean states; three from Western European and other states; and two members from Eastern European states. The UNHRC complaint procedure

9718-501: The organisation is expected to shrink further as a result of budget cuts. Although it operates at sub-national level, the NIHRC was in 2001 recognised as a member of the worldwide network of national human rights institutions , securing "B status" accreditation from the International Co-ordinating Committee of NHRIs (ICC), and full or "A status" accreditation in 2006. The Commission thus gained enhanced access to

9831-609: The organization’s number of staff members also fell from 32 to 14 on four occasions of annual budget cuts, out of the total eight taken place since then. Human rights Human rights are universally recognized moral principles or norms that establish standards of human behavior and are often protected by both national and international laws . These rights are considered inherent and inalienable, meaning they belong to every individual simply by virtue of being human , regardless of characteristics like nationality, ethnicity, religion, or socio-economic status. They encompass

9944-411: The power to assist individuals when they are bringing court proceedings, to intervene in proceedings and to bring court proceedings itself. It receives enquiries (from 600 to 900 per year) from people who believe that their human rights have been violated, and provides training and information on human rights. It was also specifically charged with advising on the scope for a bill of rights to supplement

10057-421: The procedure is the confidential manner, which offers the ability to engage with the state concerned through a more [diplomatic] process, which can produce better results than a more adversarial process of public accusation. The procedure is considered by some a useful tool to have at the disposal on the international community for situations where naming and shaming has proved ineffective. Also another advantage

10170-416: The procedure is. There is a principle of non-duplication, which means that the complaint procedure cannot take up the consideration of a case that is already being dealt with by a special procedure, a treaty body or other United Nations or similar regional complaints procedure in the field of human rights. On the UNHRC website under the complaints procedure section there is a list of situations referred to

10283-474: The right to work and the right to join a union). Socialist states placed much greater importance on economic and social rights and argued strongly for their inclusion. Because of the divisions over which rights to include and because some states declined to ratify any treaties including certain specific interpretations of human rights, and despite the Soviet bloc and a number of developing countries arguing strongly for

10396-652: The rights in the UDHR to be legally enforceable through some means, as is reflected in the third clause of the preamble: Whereas it is essential, if man is not to be compelled to have recourse, as a last resort, to rebellion against tyranny and oppression, that human rights should be protected by the rule of law. Some of the UDHR was researched and written by a committee of international experts on human rights, including representatives from all continents and all major religions, and drawing on consultation with leaders such as Mahatma Gandhi . The inclusion of both civil and political rights and economic, social, and cultural rights

10509-440: The second cycle between 2012 and 2016, and the third cycle began in 2017 and is expected to be completed in 2021. The General Assembly resolution establishing the Council provided that "the Council shall review its work and functioning five years after its establishment". The main work of the review was undertaken in an Intergovernmental Working Group established by the Council in its Resolution 12/1 of 1 October 2009. The review

10622-504: The special procedures mandate-holders report to the Council at least once a year on their findings. Mandate-holders of the special procedures serve in their personal capacity, and do not receive pay for their work. The independent status of the mandate-holders is crucial to be able to fulfill their functions in all impartiality. The OHCHR provides staffing and logistical support to aid each mandate-holders in carrying out their work. Applicants for Special Procedures mandates are reviewed by

10735-576: The state parties of those treaties – rather than subsidiary to the United Nations, though in practice they are closely intertwined with the United Nations system and are supported by the UN High Commissioner for Human Rights (UNHCHR) and the UN Centre for Human Rights. Each treaty body receives secretariat support from the Human Rights Council and Treaties Division of Office of the High Commissioner on Human Rights (OHCHR) in Geneva except CEDAW, which

10848-584: The support of other members of the Organisation of the Islamic Conference , China, Russia, and Cuba. As a result of the amendment over 20 of the original 53 co-sponsors of the main resolution – to renew the mandate of the Special Rapporteur – withdrew their support, though the resolution was carried by 32 votes to 0, with 15 abstentions. Inter alia the delegates from India and Canada protested that

10961-405: The term of an existing mandate holder. Country mandates must be renewed yearly by the UNHRC; thematic mandates must be renewed every three years. Mandate-holders, whether holding a thematic or country-specific mandate, are generally limited to six years of service. The list of thematic special procedures mandate-holders can be found here: United Nations special rapporteur The amendments to

11074-439: The theme of universality during the 18th and 19th centuries. In 1831, William Lloyd Garrison wrote in a newspaper called The Liberator that he was trying to enlist his readers in "the great cause of human rights", so the term human rights probably came into use sometime between Paine's The Rights of Man and Garrison's publication. In 1849 a contemporary, Henry David Thoreau , wrote about human rights in his treatise On

11187-572: The use of recent military interventions. An example of an intervention that is often criticized is the 2011 military intervention in the First Libyan Civil War by NATO and Qatar where the goal of preventing atrocities is alleged to have taken upon itself the broader mandate of removing the target government. Economic sanctions are often levied upon individuals or states who commit human rights violations. Sanctions are often criticized for its feature of collective punishment in hurting

11300-414: The view that the amendment threatens freedom of expression. In terms of the finally cast votes, this was far from the most controversial of the 36 resolutions adapted by the 7th session of the Council. The highest dissents concerned combating defamation of religions, with 21 votes for, 10 against, and 14 abstentions (resolution 19, pp. 91–97), and the continued severe condemnation of and appointment of

11413-463: The well-known Valladolid Debate that took place in 1550 and 1551. The thought of the School of Salamanca, especially through Francisco Vitoria, also contributed to the promotion of European natural law. From this foundation, the modern human rights arguments emerged over the latter half of the 20th century. Magna Carta is an English charter originally issued in 1215 which influenced the development of

11526-602: Was a mandate to promote many of the rights which were later included in the Universal Declaration of Human Rights. The League of Nations had mandates to support many of the former colonies of the Western European colonial powers during their transition from colony to independent state. Established as an agency of the League of Nations, and now part of United Nations, the International Labour Organization also had

11639-662: Was announced in July 2011. He was to serve for five years and the Commissioners for three. In relation to its mandate to advise on a Bill of Rights, the Commission conducted a very extensive public consultation exercise during Dickson's term as Chief Commissioner. It handed over a draft report to the McWilliams Commission, which engaged in three further years of discussion before producing its report in December 2008 and presenting it to

11752-460: Was announced that, with effect from April 2013, the Commission's budget was to be cut by 25 per cent (from £1.7m in 2010–11). McWilliams, who had been reappointed for a four-year term ending in August 2012, announced that she would depart a year early, when the term of the part-time Commissioners ended. The Commission subsequently underwent a restructuring, losing two of its four management posts in July 2011; other staff posts have since been vacated and

11865-447: Was considered in 2012, but the UNHRC decided to discontinue that consideration. The complaints procedure has been said to be too lenient due to its confidential manner. Some have often questioned the value of the procedure, but 94% of states respond to the complaints raised with them. The OHCHR receives between 11,000 and 15,000 communications per year. During 2010–11, 1,451 out of 18,000 complaints were submitted for further action by

11978-536: Was decisive in the dissemination of the term iura naturalia . This natural law thinking was supported by contact with American civilizations and the debate that took place in Castile about the just titles of the conquest and, in particular, the nature of the indigenous people. In the Castilian colonization of America, it is often stated, measures were applied in which the germs of the idea of Human Rights are present, debated in

12091-590: Was established by the United Nations General Assembly on 15 March 2006 to replace the United Nations Commission on Human Rights (UNCHR, herein CHR). The Council works closely with the Office of the High Commissioner for Human Rights (OHCHR) and engages the United Nations special procedures . The Council has been strongly criticized for including member countries that engage in human rights abuses. The members of

12204-487: Was established on 18 June 2007 (by UNHRC Resolution 5/1) for reporting of consistent patterns of gross and reliably attested violations of human rights and fundamental freedoms in any part of the world and under any circumstances. The UNHRC set up two working groups for its Complaint Procedure: The Chairman of the WGC screens complaints for admissibility. A complaint must be in writing, and cannot be anonymous. Examples provided by

12317-471: Was finalized in March 2011, by the adoption of an "Outcome" at the Council's 16th session, annexed to Resolution 16/21. First cycle: The following terms and procedures were set out in General Assembly Resolution 60/251: Second cycle: HRC Resolution 16/21 brought the following changes: Similar mechanisms exist in other organizations: International Atomic Energy Agency , Council of Europe , International Monetary Fund , Organization of American States , and

12430-702: Was formed in 1967 by Indonesia , Malaysia , the Philippines , Singapore and Thailand . The organisation now also includes Brunei Darussalam , Vietnam , Laos , Myanmar and Cambodia . In October 2009, the ASEAN Intergovernmental Commission on Human Rights was inaugurated, and subsequently, the ASEAN Human Rights Declaration was adopted unanimously by ASEAN members on 18 November 2012. Human Rights Council "All victims of human rights abuses should be able to look to

12543-479: Was imprisoned during the Troubles after conviction in a non-jury Diplock court , sought the NIHRC's support during his lengthy and ultimately successful battle to have his conviction overturned. He has since sought judicial review of its conduct. The NIHRC has also come under criticism for accepting additional funding from Atlantic Philanthropies , including £110,000 to fund its work on the development of proposals for

12656-473: Was predicated on the assumption that basic human rights are indivisible and that the different types of rights listed are inextricably linked. Although this principle was not opposed by any member states at the time of adoption (the declaration was adopted unanimously, with the abstention of the Soviet bloc , apartheid South Africa, and Saudi Arabia ), this principle was later subject to significant challenges. On

12769-543: Was the constitution of the Mali Empire in West Africa . It was composed in the 13th century, and was one of the very first charters on human rights. It included the "right to life and to the preservation of physical integrity" and significant protections for women. Spanish scholasticism insisted on a subjective vision of law during the 16th and 17th centuries: Luis de Molina, Domingo de Soto and Francisco Vitoria, members of

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