I. Concept of human rights
Human rights refer to various basic rights that a person enjoys or should enjoy as a human being.
As a moral concept, it appeared in the west several centuries ago, but as a legal concept, it appeared in the western bourgeois revolution in the18th century.
Marx called the American Declaration of Independence 1776 "the first human rights declaration in the world".
The first generation of human rights, in the west18th century, were mainly civil and political rights, which could not be given or deprived.
Since19th century, the second generation of human rights has been extended to economic, social and cultural rights.
The third generation of human rights, after the mid-20th century, the right to development, survival, environmental rights, etc.
Secondly, the concept of international human rights law.
It mainly refers to the general name of the principles, rules and systems that adjust the respect, promotion and protection of human basic rights and freedoms among the subjects of international law. Its content includes the content of the above three generations of human rights.
Three. Characteristics of international human rights law
International human rights law is an integral part of international law and has the general nature of international law, that is, human rights are protected at the international level mainly by concluding international treaties and forming international customary law.
Under international human rights law, rights and obligations are misplaced, and the state only undertakes obligations and does not enjoy rights. The direct beneficiaries of rights are individuals within the country. This obligation is not based on other countries, and other countries do not enjoy rights in their own human rights.
A country's violation of international human rights law has little impact on other countries, and other countries rarely intervene.
Four. The origin of international human rights law
The origin of international human rights law refers to those forms of international law documents that are legally binding on the subjects of international law.
1. International human rights treaties are the main sources of international human rights law.
2. Customary international human rights law accounts for a small proportion in international human rights law, but it is also the source of international human rights law.
Section 2 International Charter of Human Rights
I. Concept of the International Bill of Human Rights
The Universal Declaration of Human Rights, together with the 1966 International Convention on Human Rights, constitutes the International Bill of Human Rights, which has played an important role in the formation and development of international human rights law.
Second, the main contents of the two United Nations human rights conventions are from 65438 to 0966.
1. Provisions on self-determination and sovereignty over natural resources.
2. The specific contents of Convention A include: the right to work, just and favorable working conditions, the right to form trade unions, the right to social security, the right to protect the family and special protection for women and children, the right to an adequate standard of living, the right to health, the right to education, the right to gradually implement compulsory education and the right to participate in social, cultural and scientific progress.
3. The specific contents of Convention B include: the right to life, the right to be free from torture, the right to be free from slavery and forced labor, the right to personal freedom and security, the right to be treated humanely by people deprived of their liberty, the freedom to be imprisoned for debts, the freedom to move, the right to a fair trial, the retroactivity of the criminal law, the right to personality before the law, the right not to be disturbed in private life, the freedom of thought, conscience and religion, the right to express opinions freely, and the prohibition.
B In its second Optional Protocol 1989, the Covenant requires States parties to the Protocol to ensure the abolition of the death penalty.
4. The characteristics of the two conventions on the realization of rights. Convention A stipulates that the way to realize rights is "gradual", while Convention B stipulates that the way to realize rights is "immediate". The obligations of States parties stipulated in the two conventions include the obligations to respect, protect and fulfil.
Three. The Status and Role of the Universal Declaration of Human Rights
1. The Declaration is the basis of the two international human rights conventions. Although the Declaration is not legally binding, it is the first universal international document that comprehensively stipulates human rights and fundamental freedoms.
2. The Declaration plays a guiding role in interpreting the human rights provisions of the Charter of the United Nations.
3. The Declaration has promoted the formation and development of rules of customary international human rights law.
Section III Specialized fields of international human rights protection
I. international convention on the suppression and punishment of the crime of apartheid
Among all forms of racial discrimination, the most serious is the crime of apartheid.
The Convention regards the crime of apartheid as an "international crime against humanity".
The crime of apartheid includes killing, arbitrarily arresting or illegally imprisoning members of a racial group, imposing living conditions on members of a racial group with the intention of exterminating the group, establishing legal and social conditions, and preventing a racial group from developing and participating in its own political, social, economic and cultural life.
Two. The International Convention on the Elimination of Racial Discrimination in some cases
The principle of non-discrimination is a basic principle of international human rights law. Discrimination exists in all fields, especially race.
According to the Convention, "racial discrimination" means "any distinction, exclusion, restriction or preference based on race, color, descent, country of origin or ethnic origin, which has the purpose or effect of nullifying or impairing the equal recognition, enjoyment or exercise of human rights and fundamental freedoms in political, economic, social, cultural or other aspects of public life."
Three. Convention on the Elimination of All Forms of Discrimination against Women
In the field of protecting women and eliminating gender, the Convention on the Elimination of All Forms of Discrimination against Women adopted by the General Assembly 1979 is the most important international human rights convention in this field.
"Discrimination against women" means "any distinction, exclusion or restriction made on the basis of sex, the effect or purpose of which is enough to prevent or deny women from knowing, enjoying or exercising their human rights and fundamental freedoms in the political, economic, social, cultural, civil or any other fields on the basis of equality between men and women."
Four. Convention on the Rights of the Child
The General Assembly adopted the Convention on the Rights of the Child with 1989, becoming the most important international human rights convention in this field.
The Convention defines "children" as all people under the age of 65-438+08.
Specifically, the State party is required to respect children's right to express their opinions freely, freedom of speech, freedom of thought, religion and conscience, and respect children's right to privacy, reputation and honor.
States parties must ensure that children do not participate in hostilities in any armed conflict.
The State party is invited to prohibit the sale of children, child prostitution and child pornography.
Verb (abbreviation of verb) 1926 International Convention on Slavery and 1956 Supplementary Convention on the Abolition of Slavery, Slave Trade, and Institutions and Practices Similar to Slavery.
Slavery refers to "the status and conditions for a person to exercise any or all rights attached to ownership".
1956, the Plenipotentiary Conference of the United Nations Economic and Social Council adopted the Supplementary Convention on the Abolition of Slavery, the Slave Trade, and Institutions and Practices Similar to Slavery, demanding that all States parties eliminate all slavery-like practices in all fields. The prohibition of slavery has become a rule of international customary law.
VI. 1958 Abolition of Forced Labour Convention by the International Labour Organization
Except in special circumstances, if forced to engage in labor because of a court conviction, the State party shall not force anyone to engage in all jobs and services that he has not indicated his willingness to engage in under the threat of punishment.
States parties shall undertake to stop and avoid the use of any form of forced or compulsory labour.
Seven. 1984 convention against torture
The General Assembly adopted the Convention against Torture and Other Inhuman or Degrading Treatment or Punishment.
Torture refers to any act that intentionally causes severe physical or mental pain or suffering to a person in order to obtain information or confession, which is caused by a person acting in an official capacity or at his instigation or acquiescence.
The prohibition of torture has become a rule of international customary law and is legally binding on non-parties to the Convention.
Eight. 1955 Standard Minimum Rules for the Treatment of Prisoners
It is not legally binding, but some of its rules may have become part of international customary law.
Section 4 Regional International Human Rights Protection Conventions
I. European Convention on Human Rights
As far as the regional human rights protection system is concerned, Europe is the earliest and most effective region for regional human rights protection.
1950 The European Convention on Human Rights was concluded on the basis of the Universal Declaration of Human Rights.
It mainly involves civil and political rights, including the right to life, the prohibition of torture, personal freedom, the right to a fair trial, the principle of legality, freedom of thought, conscience and religion, freedom of speech, freedom of assembly and freedom of association.
The European Convention on Human Rights has 1 1 protocols, covering many basic human rights, such as property rights, education rights, freedom of movement, and prohibition of collective expulsion of foreigners.
Two executive bodies: the European Commission of Human Rights and the European Court of Human Rights.
Two. American Convention on Human Rights
Before the Universal Declaration of Human Rights, America adopted the American Declaration of Rights and Duties in 1948, which not only stipulated civil and political rights, but also stipulated a large number of economic, social and cultural rights, and specified the contents of human obligations at the same time.
1969, the United States adopted the American convention on human rights, which was mainly drafted with reference to the European convention on human rights, and 1988 added social and economic rights to the secondment.
According to the Convention, the Inter-American Commission on Human Rights and the Inter-American Court of Human Rights are the main institutions to implement the Convention.
Three. African Charter on Human and Peoples' Rights
198 1 year, the organization of African unity (replaced by the African Union on July 9, 2002) adopted the African Charter on Human and Peoples' Rights, which not only stipulated individual human rights, but also stipulated a large number of collective human rights, such as the rights of various people.
The individual rights stipulated in the Charter include: the right to equality, the right to life, the right to dignity, the right to personal status, the right to hearing, the freedom of conscience, belief and religion, the right to information, the right to assembly, the right to freedom of movement and residence, the right to participate in politics, the right to property, the right to remuneration for labor, the right to health, the right to education and the right to family.
The people's rights stipulated in the Charter include: the people's right to equality, the people's right to peace and security and the people's right to the environment. In addition, the convention also specifies the basic obligations of individuals.
Section 5 International Protection Mechanism of Human Rights
I. United Nations Commission on Human Rights
The United Nations Commission on Human Rights was established by the Economic and Social Council in resolution 1946 in accordance with Article 68 of the Charter. It can deal with any issues related to human rights, investigate allegations of human rights violations and handle relevant communications.
Its main members are based on geographical distribution, with representatives from 53 Member States.
The Commission on Human Rights holds a general meeting in Geneva every year, and now Geneva has become a place for political struggle in the field of human rights.
Second, the 1503 program
The resolution stipulates that the "Commission on Prevention of Discrimination and Protection of Minorities" has the right to receive individual communications if it is proved that it has systematically and seriously violated basic human rights, without relying on treaties. The Sub-Commission may decide to refer a systematic violation of human rights to the Commission on Human Rights for consideration.
This procedure is the main procedure for the United Nations to receive individual communications.
First of all, it does not need to be based on a treaty; Secondly, it examines not specific cases, but cases of serious human rights violations; Third, its review procedure is secret and not open.
Three. Reporting and review system
Most international human rights conventions regard the reporting and review system as one of the implementation mechanisms of the conventions, and some even regard this system as the only implementation mechanism. The national reporting system is mandatory, and reports required by international human rights conventions are generally submitted every five years.
Four. Communication and reconciliation system of the State party
Some international human rights conventions also provide a system for handling complaints and reconciliation of States parties. If a State party believes that another State party has not complied with the provisions of the Covenant, it may bring a suit against that State before the Human Rights Committee.
Accusations between States parties must be based on their prior declaration of acceptance of this article, otherwise the Human Rights Committee has no right to accept it.
In practice, due to diplomatic and political considerations between countries, mutual accusations between countries rarely occur.
Verb (abbreviation of verb) personal complaint system
The individual complaint system refers to a system in which an individual of a state party believes that the behavior of the state party violates its obligations under the convention according to the provisions of the treaty, and after exhausting all the relief measures of the state party, he complains to the Committee established by the convention, accusing the state party of violating the convention and requesting international relief.
Section 6 International protection of refugees
I. Definition of refugees
The original definition of refugee includes three objective factors: belonging to or originating from a particular country or nation; Lose the protection of their own government; Have not yet acquired the nationality of another country.
195 1 The United Nations Convention on the Status of Refugees stipulates that a refugee means "a justified fear of persecution because of what happened before 195 1 1, and because of race, religion, nationality, membership of a social group or political opinions." Or a person who has no nationality and cannot return to China because of the above-mentioned things and stays outside the country where he once lived, or because of the above-mentioned fears. "
The supplementary protocol to the Convention of 1967 extends the time walk to any period after 195 1, and cancels the time limit.
Conditions for becoming a refugee:
1, substantive conditions: a, must be in political persecution; B, must stay abroad; Statelessness is not necessarily a factor in obtaining refugee status (stateless persons are not necessarily refugees); D, must be in fear, unable or unwilling to be protected by their own government.
2. Procedural conditions: In order to fulfill their obligations, States parties to the Convention generally adopt the method of customizing refugee law at home. Many countries have made procedural provisions on the establishment of refugees, such as the establishment of refugee courts.
Since there is no refugee law in the State party, there is no domestic judicial body to determine refugee status, and the United Nations High Commissioner for Refugees can judge whether there are refugees in the country according to the Convention.
Second, the principle of non-refoulement
The core principle of refugee treatment is non-refoulement.
"No State Party shall expel or return (push back) refugees in any way to the territorial border where their life or freedom is threatened because of their race, religion, nationality, membership of social groups or political opinions."
Refugees in asylum countries enjoy higher treatment than stateless people and lower treatment than their own citizens. These benefits are mainly legal and protect their employment rights and social welfare economically.