Human Rights at National University Of Ireland, Galway | Flashcards & Summaries

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TESTE DEIN WISSEN
Human Rights Standards
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The term “human rights standard” refers to the level or quality of life that must be met under these laws. For example, “standard of living” refers to the level at which people have a quality of life; human rights standards of living are the necessary things (such as food, water, housing, and so on) which people need to have their human rights met.
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Economic and Social Council 
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  •  principal body for coordination, policy review, policy dialogue and recommendations on economic, social and environmental issues, as well as implementation of internationally agreed development goals

  • serves as the central mechanism for activities of the UN system and its specialized agencies in the economic, social and environmental fields, supervising subsidiary and expert bodies

  • 54 Members, elected by the General Assembly for overlapping three-year terms

  • United Nations’ central platform for reflection, debate, and innovative thinking on sustainable development.
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treaties 
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  • The creation of international human rights laws in the form of international treaties was one response to  unchecked power.

  •  International treaties established rules and standards for how States should treat people, and how people should treat one another

  • international treaties cannot be forced upon a State

  • The act of agreeing to a treaty is almost always voluntary, a State must willingly consent and assume the obligations of a treaty. 

  • Once a State agrees, they are called a “State Party” to the treaty and they are bound to any consequences which may result from failing to fulfill the obligations of the treaty.

  •  It is in these treaties where human rights are defined and detailed. Four different names will appear throughout the textbook - Covenant, Convention, Charter, and Protocol - all of which are treaties.

  •  All treaties, regardless of their name, have the same legal obligations and authority.
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TESTE DEIN WISSEN
Trusteeship council 
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TESTE DEIN WISSEN
  • established in 1945 by the UN Charter, under Chapter XIII, to provide international supervision for 11 Trust Territories that had been placed under the administration of seven Member States, and ensure that adequate steps were taken to prepare the Territories for self-government and independence

  • By 1994, all Trust Territories had attained self-government or independence.

  • The Trusteeship Council suspended operation on 1 November 1994

  • By a resolution adopted on 25 May 1994, the Council amended its rules of procedure to drop the obligation to meet annually and agreed to meet as occasion required -- by its decision or the decision of its President, or at the request of a majority of its members or the General Assembly or the Security Council.

  • made up of the five permanent members of the Security Council

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TESTE DEIN WISSEN
Convention 
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This is perhaps the most common name for a treaty. Seven of the human rights treaties are conventions.
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United Nations charter 
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TESTE DEIN WISSEN
  •  founding document of the United Nations
  •  signed on 26 June 1945, in San Francisco, at the conclusion of the United Nations Conference on International Organization
  • came into force on 24 October 1945
  • UN can take action on a wide variety of issues due to its unique international character and the powers vested in its Charter, which is considered an international treaty
  • UN Charter is an instrument of international law, and UN Member States are bound by it
  • UN Charter codifies the major principles of international relations, from sovereign equality of States to the prohibition of the use of force in international relations.
Since the UN's founding in 1945, the mission and work of the Organization have been guided by the purposes and principles contained in its founding Charter, which has been amended three times in 1963, 1965, and 1973.
The International Court of Justice, the principal judicial organ of the United Nations, functions in accordance with the Statute of the International Court of Justice, which is annexed to the UN Charter, and forms an integral part of it. (See Chapter XIV, Article 92) 
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TESTE DEIN WISSEN
International Court of Justice 
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TESTE DEIN WISSEN
  •  principal judicial organ of the United Nations 

  • Seats is at the Peace Palace in the Hague (Netherlands)

  • It is the only one of the six principal organs of the United Nations not located in New York (United States of America)

  •  The Court’s role is to settle, in accordance with international law, legal disputes submitted to it by States and to give advisory opinions on legal questions referred to it by authorized United Nations organs and specialized agencies. The International Court of Justice functions in accordance with its Statute.

  • 15 Judges, elected by both the General Assembly and the Security Council for nine-year terms. 
  • President:Joan E. DONOGHUE (Frau)United States of America
    Member of the Court since 9 September 2010; re-elected as from 6 February 2015; President as from 8 February 2021
  • Vice-President Kirill GEVORGIAN
    Russian Federation
    Member of the Court since 6 February 2015; Vice-President as from 8 February 2021


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TESTE DEIN WISSEN
Recognition of a new State 
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  •  recognition of a new State or Government is an act that only other States and Governments may grant or withhold =>  generally implies readiness to assume diplomatic relations 

  • The United Nations does not possess any authority to recognize either a State or a Government, it may admit a new State to its membership or accept the credentials of the representatives of a new Government.

The procedure is briefly as follows:
  • The State submits an application to the Secretary-General and a letter formally stating that it accepts the obligations under the Charter.
  • The Security Council considers the application. Any recommendation for admission must receive the affirmative votes of 9 of the 15 members of the Council, provided that none of its five permanent members — China, France, the Russian Federation, the United Kingdom of Great Britain and Northern Ireland and the United States of America — have voted against the application.
  • If the Council recommends admission, the recommendation is presented to the General Assembly for consideration. A two-thirds majority vote is necessary in the Assembly for admission of a new State.
  • Membership becomes effective the date the resolution for admission is adopted.
At each session, the General Assembly considers the credentials of all representatives of Member States participating in that session. During such consideration, which routinely takes place first in the nine-member Credentials Committee but can also arise at other times, the issue can be raised whether a particular representative has been accredited by the Government actually in power. This issue is ultimately decided by a majority vote in the Assembly. It should be noted that the normal change of Governments, as through a democratic election, does not raise any issues concerning the credentials of the representative of the State concerned.
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TESTE DEIN WISSEN
Development of membership in UN
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TESTE DEIN WISSEN
  • now 193 members 

  • Original 51 Members (1945)
  • Argentina, Australia, Belgium, Bolivia, Brazil, Byelorussian Soviet Socialist Republic, Canada, Chile, China, Colombia, Costa Rica, Cuba, Czechoslovakia, Denmark, Dominican Republic, Ecuador, Egypt, El Salvador, Ethiopia, France, Greece, Guatemala, Haiti, Honduras, India, Iran, Iraq, Lebanon, Liberia, Luxembourg, Mexico, Netherlands, New Zealand, Nicaragua, Norway, Panama, Paraguay, Peru, Philippine Republic, Poland, Saudi Arabia, Syria, Turkey, Ukrainian Soviet Socialist Republic, Union of South Africa, Union of Soviet Socialist Republics, United Kingdom, United States, Uruguay, Venezuela, Yugoslavia

  • 55 Members (1946) added: Afghanistan, Iceland, Siam, Sweden

  • 57 Members (1947)
Added: Pakistan, Yemen
58 Members (1948)
Added: Burma
59 Members (1949)
Added: Israel
60 Members (1950)
Added: Indonesia
76 Members (1955)
Added: Albania, Austria, Bulgaria, Cambodia, Ceylon, Finland, Hungary, Ireland, Italy, Jordan, Laos, Libya, Nepal, Portugal, Romania, Spain
80 Members (1956)
Added: Japan, Morocco, Sudan, Tunisia
82 Members (1957)
Added: Ghana, Federation of Malaya
82 Members (1958)
Added: Guinea
99 Members (1960)
Added: Cameroun, Central African Republic, Chad, Congo (Brazzaville), Congo (Leopoldville), Cyprus, Dahomey, Gabon, Ivory Coast, Malagasy Republic, Mali, Niger, Nigeria, Senegal, Somalia, Togo, Upper Volta
104 Members (1961)
Added: Mauritania, Mongolia, Sierra Leone, Tanganyika
110 Members (1962)
Added: Algeria, Burundi, Jamaica, Rwanda, Trinidad and Tobago, Uganda
113 Members (1963)
Added: Kenya, Kuwait, Zanzibar
115 Members (1964)
Added: Malawi, Malta, Zambia
117 Members (1965)
Added: The Gambia, Maldive Islands, Singapore
122 Members (1966)
Added: Barbados, Botswana, Guyana, Lesotho
123 Members (1967)
Added: Yemen
126 Members (1968)
Added: Equatorial Guinea, Mauritius, Swaziland
127 Members (1970)
Added: Fiji
132 Members (1971)
Added: Bahrain, Bhutan, Oman, Qatar, United Arab Emirates
135 Members (1973)
Added: Bahamas, Federal Republic of Germany, German Democratic Republic
138 Members (1974)
Added: Bangladesh, Grenada, Guinea-Bissau
144 Members (1975)
Added: Cape Verde, Comoros, Mozambique, Papua New Guinea, Sao Tome and Principe, Suriname
147 Members (1976)
Added: Angola, Samoa, Seychelles
149 Members (1977)
Added: Djibouti, Viet Nam
151 Members (1978)
Added: Dominica, Solomon Islands
152 Members (1979)
Added: Saint Lucia
154 Members (1980)
Added: Saint Vincent and the Grenadines, Zimbabwe
157 Members (1981)
Added: Antigua and Barbuda, Belize, Vanuatu
158 Members (1983)
Added: Saint Christopher and Nevis
159 Members (1984)
Added: Brunei Darussalam
159 Members (1990)
Added: Liechtenstein, Namibia
166 Members (1991)
Added: Democratic People's Republic of Korea, Estonia, Latvia, Lithuania, Marshall Islands, Federated States of Micronesia, Republic of Korea
179 Members (1992)
Added: Armenia, Azerbaijan, Bosnia and Herzegovina, Croatia, Georgia, Kazakhstan, Kyrgyzstan, Republic of Moldova, San Marino, Slovenia, Tajikistan, Turkmenistan, Uzbekistan
184 Members (1993)
Added: Andorra, Czech Republic, Eritrea, Monaco, Slovakia, The former Yugoslav Republic of Macedonia
185 Members (1994)
Added: Palau
188 Members (1999)
Added: Kiribati, Nauru, Tonga
189 Members (2000)
Added: Federal Republic of Yugoslavia, Tuvalu
191 Members (2002)
Added: Switzerland, Timor-Leste
192 Members (2006)
Added: Montenegro
193 Members (2011)
Added: South Sudan
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TESTE DEIN WISSEN
UN principal Organs 
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TESTE DEIN WISSEN
  • General Assembly

  • Security Council

  • Economic and Social Council

  • Trusteeship Council

  • International Court of Justice
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TESTE DEIN WISSEN
Covenant 
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TESTE DEIN WISSEN
This refers to binding agreements or promises between people, and implies an historic agreement. When the two major human rights treaties (the ICESCR and the ICCPR) were drafted, they were called covenants and not treaties or conventions because of their perceived special importance. Very few treaties have been named covenants
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TESTE DEIN WISSEN
Secretariat
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TESTE DEIN WISSEN
  • includes the Secretary-General and tens of thousands of international UN staff members who carry out the day-to-day work of the UN as mandated by the General Assembly and the Organization's other principal bodies.

  • The Secretary-General is Chief Administrative Officer of the Organization, appointed by the General Assembly on the recommendation of the Security Council for a five-year, renewable term: António Gutteres 

  •  The Secretary-General is also a symbol of the Organization's ideals, and an advocate for all the world's peoples, especially the poor and vulnerable.

  • UN staff members are recruited internationally and locally, and work in duty stations and on peacekeeping missions all around the world.  
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Q:
Human Rights Standards
A:
The term “human rights standard” refers to the level or quality of life that must be met under these laws. For example, “standard of living” refers to the level at which people have a quality of life; human rights standards of living are the necessary things (such as food, water, housing, and so on) which people need to have their human rights met.
Q:
Economic and Social Council 
A:
  •  principal body for coordination, policy review, policy dialogue and recommendations on economic, social and environmental issues, as well as implementation of internationally agreed development goals

  • serves as the central mechanism for activities of the UN system and its specialized agencies in the economic, social and environmental fields, supervising subsidiary and expert bodies

  • 54 Members, elected by the General Assembly for overlapping three-year terms

  • United Nations’ central platform for reflection, debate, and innovative thinking on sustainable development.
Q:
treaties 
A:
  • The creation of international human rights laws in the form of international treaties was one response to  unchecked power.

  •  International treaties established rules and standards for how States should treat people, and how people should treat one another

  • international treaties cannot be forced upon a State

  • The act of agreeing to a treaty is almost always voluntary, a State must willingly consent and assume the obligations of a treaty. 

  • Once a State agrees, they are called a “State Party” to the treaty and they are bound to any consequences which may result from failing to fulfill the obligations of the treaty.

  •  It is in these treaties where human rights are defined and detailed. Four different names will appear throughout the textbook - Covenant, Convention, Charter, and Protocol - all of which are treaties.

  •  All treaties, regardless of their name, have the same legal obligations and authority.
Q:
Trusteeship council 
A:
  • established in 1945 by the UN Charter, under Chapter XIII, to provide international supervision for 11 Trust Territories that had been placed under the administration of seven Member States, and ensure that adequate steps were taken to prepare the Territories for self-government and independence

  • By 1994, all Trust Territories had attained self-government or independence.

  • The Trusteeship Council suspended operation on 1 November 1994

  • By a resolution adopted on 25 May 1994, the Council amended its rules of procedure to drop the obligation to meet annually and agreed to meet as occasion required -- by its decision or the decision of its President, or at the request of a majority of its members or the General Assembly or the Security Council.

  • made up of the five permanent members of the Security Council

Q:
Convention 
A:
This is perhaps the most common name for a treaty. Seven of the human rights treaties are conventions.
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Q:
United Nations charter 
A:
  •  founding document of the United Nations
  •  signed on 26 June 1945, in San Francisco, at the conclusion of the United Nations Conference on International Organization
  • came into force on 24 October 1945
  • UN can take action on a wide variety of issues due to its unique international character and the powers vested in its Charter, which is considered an international treaty
  • UN Charter is an instrument of international law, and UN Member States are bound by it
  • UN Charter codifies the major principles of international relations, from sovereign equality of States to the prohibition of the use of force in international relations.
Since the UN's founding in 1945, the mission and work of the Organization have been guided by the purposes and principles contained in its founding Charter, which has been amended three times in 1963, 1965, and 1973.
The International Court of Justice, the principal judicial organ of the United Nations, functions in accordance with the Statute of the International Court of Justice, which is annexed to the UN Charter, and forms an integral part of it. (See Chapter XIV, Article 92) 
Q:
International Court of Justice 
A:
  •  principal judicial organ of the United Nations 

  • Seats is at the Peace Palace in the Hague (Netherlands)

  • It is the only one of the six principal organs of the United Nations not located in New York (United States of America)

  •  The Court’s role is to settle, in accordance with international law, legal disputes submitted to it by States and to give advisory opinions on legal questions referred to it by authorized United Nations organs and specialized agencies. The International Court of Justice functions in accordance with its Statute.

  • 15 Judges, elected by both the General Assembly and the Security Council for nine-year terms. 
  • President:Joan E. DONOGHUE (Frau)United States of America
    Member of the Court since 9 September 2010; re-elected as from 6 February 2015; President as from 8 February 2021
  • Vice-President Kirill GEVORGIAN
    Russian Federation
    Member of the Court since 6 February 2015; Vice-President as from 8 February 2021


Q:
Recognition of a new State 
A:
  •  recognition of a new State or Government is an act that only other States and Governments may grant or withhold =>  generally implies readiness to assume diplomatic relations 

  • The United Nations does not possess any authority to recognize either a State or a Government, it may admit a new State to its membership or accept the credentials of the representatives of a new Government.

The procedure is briefly as follows:
  • The State submits an application to the Secretary-General and a letter formally stating that it accepts the obligations under the Charter.
  • The Security Council considers the application. Any recommendation for admission must receive the affirmative votes of 9 of the 15 members of the Council, provided that none of its five permanent members — China, France, the Russian Federation, the United Kingdom of Great Britain and Northern Ireland and the United States of America — have voted against the application.
  • If the Council recommends admission, the recommendation is presented to the General Assembly for consideration. A two-thirds majority vote is necessary in the Assembly for admission of a new State.
  • Membership becomes effective the date the resolution for admission is adopted.
At each session, the General Assembly considers the credentials of all representatives of Member States participating in that session. During such consideration, which routinely takes place first in the nine-member Credentials Committee but can also arise at other times, the issue can be raised whether a particular representative has been accredited by the Government actually in power. This issue is ultimately decided by a majority vote in the Assembly. It should be noted that the normal change of Governments, as through a democratic election, does not raise any issues concerning the credentials of the representative of the State concerned.
Q:
Development of membership in UN
A:
  • now 193 members 

  • Original 51 Members (1945)
  • Argentina, Australia, Belgium, Bolivia, Brazil, Byelorussian Soviet Socialist Republic, Canada, Chile, China, Colombia, Costa Rica, Cuba, Czechoslovakia, Denmark, Dominican Republic, Ecuador, Egypt, El Salvador, Ethiopia, France, Greece, Guatemala, Haiti, Honduras, India, Iran, Iraq, Lebanon, Liberia, Luxembourg, Mexico, Netherlands, New Zealand, Nicaragua, Norway, Panama, Paraguay, Peru, Philippine Republic, Poland, Saudi Arabia, Syria, Turkey, Ukrainian Soviet Socialist Republic, Union of South Africa, Union of Soviet Socialist Republics, United Kingdom, United States, Uruguay, Venezuela, Yugoslavia

  • 55 Members (1946) added: Afghanistan, Iceland, Siam, Sweden

  • 57 Members (1947)
Added: Pakistan, Yemen
58 Members (1948)
Added: Burma
59 Members (1949)
Added: Israel
60 Members (1950)
Added: Indonesia
76 Members (1955)
Added: Albania, Austria, Bulgaria, Cambodia, Ceylon, Finland, Hungary, Ireland, Italy, Jordan, Laos, Libya, Nepal, Portugal, Romania, Spain
80 Members (1956)
Added: Japan, Morocco, Sudan, Tunisia
82 Members (1957)
Added: Ghana, Federation of Malaya
82 Members (1958)
Added: Guinea
99 Members (1960)
Added: Cameroun, Central African Republic, Chad, Congo (Brazzaville), Congo (Leopoldville), Cyprus, Dahomey, Gabon, Ivory Coast, Malagasy Republic, Mali, Niger, Nigeria, Senegal, Somalia, Togo, Upper Volta
104 Members (1961)
Added: Mauritania, Mongolia, Sierra Leone, Tanganyika
110 Members (1962)
Added: Algeria, Burundi, Jamaica, Rwanda, Trinidad and Tobago, Uganda
113 Members (1963)
Added: Kenya, Kuwait, Zanzibar
115 Members (1964)
Added: Malawi, Malta, Zambia
117 Members (1965)
Added: The Gambia, Maldive Islands, Singapore
122 Members (1966)
Added: Barbados, Botswana, Guyana, Lesotho
123 Members (1967)
Added: Yemen
126 Members (1968)
Added: Equatorial Guinea, Mauritius, Swaziland
127 Members (1970)
Added: Fiji
132 Members (1971)
Added: Bahrain, Bhutan, Oman, Qatar, United Arab Emirates
135 Members (1973)
Added: Bahamas, Federal Republic of Germany, German Democratic Republic
138 Members (1974)
Added: Bangladesh, Grenada, Guinea-Bissau
144 Members (1975)
Added: Cape Verde, Comoros, Mozambique, Papua New Guinea, Sao Tome and Principe, Suriname
147 Members (1976)
Added: Angola, Samoa, Seychelles
149 Members (1977)
Added: Djibouti, Viet Nam
151 Members (1978)
Added: Dominica, Solomon Islands
152 Members (1979)
Added: Saint Lucia
154 Members (1980)
Added: Saint Vincent and the Grenadines, Zimbabwe
157 Members (1981)
Added: Antigua and Barbuda, Belize, Vanuatu
158 Members (1983)
Added: Saint Christopher and Nevis
159 Members (1984)
Added: Brunei Darussalam
159 Members (1990)
Added: Liechtenstein, Namibia
166 Members (1991)
Added: Democratic People's Republic of Korea, Estonia, Latvia, Lithuania, Marshall Islands, Federated States of Micronesia, Republic of Korea
179 Members (1992)
Added: Armenia, Azerbaijan, Bosnia and Herzegovina, Croatia, Georgia, Kazakhstan, Kyrgyzstan, Republic of Moldova, San Marino, Slovenia, Tajikistan, Turkmenistan, Uzbekistan
184 Members (1993)
Added: Andorra, Czech Republic, Eritrea, Monaco, Slovakia, The former Yugoslav Republic of Macedonia
185 Members (1994)
Added: Palau
188 Members (1999)
Added: Kiribati, Nauru, Tonga
189 Members (2000)
Added: Federal Republic of Yugoslavia, Tuvalu
191 Members (2002)
Added: Switzerland, Timor-Leste
192 Members (2006)
Added: Montenegro
193 Members (2011)
Added: South Sudan
Q:
UN principal Organs 
A:
  • General Assembly

  • Security Council

  • Economic and Social Council

  • Trusteeship Council

  • International Court of Justice
Q:
Covenant 
A:
This refers to binding agreements or promises between people, and implies an historic agreement. When the two major human rights treaties (the ICESCR and the ICCPR) were drafted, they were called covenants and not treaties or conventions because of their perceived special importance. Very few treaties have been named covenants
Q:
Secretariat
A:
  • includes the Secretary-General and tens of thousands of international UN staff members who carry out the day-to-day work of the UN as mandated by the General Assembly and the Organization's other principal bodies.

  • The Secretary-General is Chief Administrative Officer of the Organization, appointed by the General Assembly on the recommendation of the Security Council for a five-year, renewable term: António Gutteres 

  •  The Secretary-General is also a symbol of the Organization's ideals, and an advocate for all the world's peoples, especially the poor and vulnerable.

  • UN staff members are recruited internationally and locally, and work in duty stations and on peacekeeping missions all around the world.  
human rights

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