human rights course profile

FINAL REPORT
ASSESSMENT OF CURRICULUM FOR HUMAN RIGHTS TEACHING
AT THE DAV AND OTHER VIETNAMESE UNIVERSITIES
National Consultant Teams
HANOI VIETNAM
December 2013
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Prefatory Note
The Terms of Reference (TOR) for the Survey were wide-ranging and ambitious. The two teams were assigned the
following tasks:
Team One of 04 Trainers Consultants
- To identify the knowledge gaps in the human rights thematic areas and cross cutting related areas in Vietnam
- To identify existing in-country capacity for training in the human rights field in Viet Nam
- To develop human rights training strategy for the period 2014 - 2016 under the Project
- To assess the current curriculum of human rights related subjects conducted at Vietnam Diplomatic Academy (DAV) and the gap in meeting the identified training needs at the DAV level, using relevant research
methodology, preferably surveys
- To review the relevancy and effectiveness of current human rights training delivered by DAV
- To recommend the overall training package for imparting human rights knowledge for effective implementation of the activities of the Project
- To identify opportunities for policy level support to help create an enabling environment for strengthening
human rights capacity building
- To synthesize all the findings from the surveys and desk-top research into a section on human rights training in DAV to be incorporated into the final report of the 02 teams
Team Two of 04 Library Consultants
- To identify the needs for human rights reference materials in teaching and research in Viet Nam
- To identify the overall situation of human rights reference materials in teaching and research in academies/universities and research institutes in Viet Nam
- To assess the availability and frequency of updating of human rights reference materials at DAV
- To review the relevancy and effectiveness of current human rights reference materials at DAV
- To recommend strategies to enhance the quality and availability of human rights reference materials to be
incorporated in the activities of the Project
- To identify the potential long-term needs for coverage and usage of human rights reference materials in
policy making
- To synthesize all the findings from the surveys and desk-top research into a section on human rights reference materials in DAV to be incorporated into the final report of the 02 teams
Completing these tasks would have been a substantial undertaking, given the time constrain and limited availability
of well documented materials on the human rights teaching courses at the universities under survey and also the relatively complexity of issues involved. This Report covers most of the issues set out in the TOR, however, it would not
be surprising if we fail to provide a more accurate assessment or to do proper justice to the efforts that have been
made by the related universities/academies in the field of human rights education. The views and any error contained
in this Report are in the sole responsibility of the consultants.
The NCTs attached great significance in the designing of a core curriculum and teaching manual on human rights for
use or reference by Vietnam‘s universities/academies and research institutes, which is really a meaningful contribution in the long run to the cause of human rights education in the country. Therefore, in this regard, the NCTs have
devoted tremendous research efforts to construct the course manual for practical use in the Vietnamese context and to
accomplish the maximum requirements of the TORs.
NGUYEN QUY BINH, Team Leader
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Table of Contents
I. INTRODUCTION
1. General Background
2. Objectives and Framework of the Survey
2.1. General objectives
2.2. Specific objectives
3. Methodology adopted for the Survey research
4. Significance of the Survey study
5. Limitation of the Survey
II. HUMAN RIGHTS CURRICULUM AT THE DAV
3. Human Rights Training at the DAV
DAV background and training function
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3.2. Human rights Curriculum at DAV
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3.3. Observation
III. HUMAN RIGHTS CURRICULUM AT OTHER UNIVERSITIES
4. Human Rights Training at Vietnam National University‘s Law Faculty and its Center for Human and
Citizen‘s Rights (CRIGHTS)
4.1. The VNU LF‘s background and training function
4.2. Human rights Curriculum at VNU/ LF
4.3. Observation
5. Human Rights Training at Hanoi University‘s Faculty of International Studies
5.1 FIS HANU‘s background and training function
5.2 Human rights Curriculum at FIS HANU
5.3 Observation
6. Human Rights Training at Hanoi Law University (HLU)
6.1 HLU‘s background and training function
6.2 Human rights Curriculum at HLU
6.3 Observation
7. Human Rights Training at HCMC University of Law (HUL)
7.1 HUL‘s background and training function
7.2 Human rights Curriculum at HUL
7.3 Observation
8. Human Rights Training at the Ho Chi Minh Political Academy‘s Institute for Human Rights (VIHR)
8.1 VIHR‘s background and training function
8.2 VIHR‘s Human rights Curriculum and Activities
8.3 Observation
9. Human Rights Training at the Institute for Family and Gender Studies (IFGS)
9.1 IFGS‘s background and training function
9.2 IFGS Listed Activities:
9.3 IFGS Publication
9.4 Observation
10. Table 1: Summarized Results of the Curriculum Survey
IV. HUMAN RIGHTS REFERENCE MATERIALS AT THE DAV AND OTHER UNIVERSITIES
11. Survey Observations
12. Summarized Table 2: Survey Results on Reference Materials (Team 2)
V. GENERAL CONCLUSION AND RECOMMENDATION
13. Overall Conclusions
14. Recommendations
VI: A RECOMMENDED COURSE ON HUMAN RIGHTS
15. Preface
16. Pilot HRs Course Core Curriculum
17. Pilot HRs Course Manual
18. Glossary
19. Appendixes: HRs Curricula at Vietnam‘s universities and HRs workshops currently held
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I. INTRODUCTION
1. General Background
As a support to Vietnam‘s implementation of the ―UPR Recommendations‖ to increase HRs capacity, this Project
component aims at assessing and providing data on the current used curriculum for human rights (HRs) training at the
Vietnam Diplomatic Academy (VDA/VAD) and at other universities as well, so as to provide inputs for the design of
a core curriculum and teaching manual on human rights for use or reference by Vietnam‘s universities/academies and
research institutes.
Vietnam conducted its first Universal Periodic Review (UPR) in May 2009 and will undergo its second review in
2014. The UPR is a unique process which involves a review of the human rights records of all UN Member States. It
is a cooperative process which, by October 2011, has reviewed the human rights records of all 193 UN Member
States. In the 2009 UPR, the government of Vietnam expressed its approval of the recommendations calling for the
provision and expansion of human rights education and training.
Building on the achievements of the UN Decade for human rights (1995-2004), the UN General Assembly has
claimed a ―World Programmed for Human Rights Education‖ to advance the implementation of human rights education in all sectors (Res.59/113 adopted on December 10, 2004). In addition to this, the opportunities provided by the
post-Cold War environment reflected in the adoption of a series of international statements and action plans on human rights (at Vienna, Beijing, Copenhagen, the UN Millennium Declaration ...) clearly provide an incentive for the
UN members to review the extent to which they have put their human rights policies into practice.
Human rights implementation in Viet Nam is a shared task among different organs of the whole political system. The
political commitment of the Vietnamese government in addressing human rights issues is evident and reflected in
many documents, especially in legal and judicial reform and Constitutional revision relating to human rights and citizen rights, and in the way Viet Nam is making proactive efforts to increase its international integration, including its
participation in regional and international human rights mechanisms.
Viet Nam is increasingly engaging with human rights mechanisms, but it also needs support on how to fulfill the associated duties and responsibilities. As addressed in Vietnam‘s national UPR Report, Vietnam‘s has limited capacity
in implementing ratified human rights treaties and imparting human rights knowledge. Despite Vietnam‘s great
achievements in various social aspects, these gains have not been often linked with the human rights educating aspect. Vietnam‘s accomplishment of the millennium development targets, its successful implementation of numerous
national programmers in various human rights thematic areas could be found in the Government reports or in the donor agencies‘ documents, but they are largely absent from human rights training curricula at schools and universities,
simply because human rights education was often seen as something else. Human rights education in the country
used to be scattered or even viewed in some quarters as a topic of political sensitivity. This perception is now changing. Several national institutions have begun to introduce human rights into formal educational curricula in schools or
in the training of different professional groups, such as law enforcement officers. The field of human rights education
and training begins to mature and diversify, demonstrating its potential impact on national policies and the capacity to
enhance human rights protection.
Acknowledgement of the need for greater human rights education signifies an understanding of its essential nature in
the comprehension and realisation of human rights standards in the Vietnamese context. Consequently, the support
and facilitation of human rights education aimed at Vietnamese nationals has been nominated as a core activity of the
Project Programme indicated here-in.
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2. Objectives of the Survey
2.1 General objectives
At present, there is still insufficient data, researches and trainings in the human rights field in Viet Nam's academic
system. Even though currently more and more universities are constructing and conducting human rights units or
courses, the knowledge they generate is often not coordinated, publicized or widely available. The Project thus plans
a number of activities to achieve two important goals: (I) Research is available that supports Vietnam‘s generation of
human rights information; and (ii) More human rights data is available and used by officials.
2.2 Specific objectives
A. Survey 1 Requirements (Team 1): This part of the Survey is required to cover the following aspects of studies to
be reflected in the Final Report:
 To identify the knowledge gaps in the human rights thematic areas and cross cutting related areas in Viet Nam
 To identify existing in-country capacity for training in the human rights field in Viet Nam
 To develop human rights training strategy for the period 2014 - 2016 under the Project
 To assess the current curriculum of human rights related subjects conducted at DAV and the gap in meeting the
identified training needs at the DAV level, using relevant research methodology, preferably surveys
 To review the relevancy and effectiveness of current human rights training delivered by DAV
 To recommend the overall training package for imparting human rights knowledge for effective implementation of the activities of the Project
 To identify opportunities for policy level support to help create an enabling environment for strengthening human rights capacity building
 To synthesize all the findings from the surveys and desk-top research into a section on human rights training in
DAV to be incorporated into the final report of the 02 teams
B. Survey 2 Requirements (Team 2): This part of the Survey is required to cover the following aspects of study:
 To identify the needs for human rights reference materials in teaching and research in Viet Nam
 To identify the overall situation of human rights reference materials in teaching and research in academies/universities and research institutes in Viet Nam
 To assess the availability and frequency of updating of human rights reference materials at DAV
 To review the relevancy and effectiveness of current human rights reference materials at DAV
 To recommend strategies to enhance the quality and availability of human rights reference materials to be incorporated in the activities of the Project
 To identify the potential long-term needs for coverage and usage of human rights reference materials in policy
making
 To synthesize all the findings from the surveys and desk-top research into a section on human rights reference
materials in DAV to be incorporated into the final report of the 02 teams
3. Methodology adopted for the Survey research
a) Our survey base-line: Despite the fact that the TORs is limited to assessing and providing data on the current used
curriculum and reference materials for human rights training at the Vietnam Diplomatic Academy, the NCTs were
prepared to extent the scope of survey to cover other universities/academic institutions‘ curricula so as to offer a
broader picture of human rights education situation currently exist in the country. Only a broad-based survey may
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provide meaningful inputs for the design of a core curriculum and teaching manual on human rights for use or reference by Vietnam‘s universities/academies and research institutes in the future.
b) Selection Criteria: NCTs selection criteria of specific universities/academic institutions for the survey simply rely
on the fact whether their training curricula do contain a human rights education/training course.
c) Assessment criteria: In assessing the current used human rights curriculum and the reference materials, the NCTs
constructed four basic comparing requirements: (a) What should be normally needed for a HRs course at university level; (b) Does the existing curriculum sufficiently cover all the relevant topics needed/required for human
rights education (as indicated in international training practice, in the recommendations, and/or in the Vietnamese
training context); (c) What is the current weight being given to the current course curriculum, in terms of topics
and their relevancy to human rights contents, time allocation including credits, and relevant reference materials.
(d) What are the raining gaps that exist?
d) Gathering information, the NCTs also pay due attention to the related universities/academic institutions‘ legal
framework, their functional capacity and operation mandate so as to synthesize correct observations for recommendations.
e) Research and execution motivation: The NCTs attached great significance in the designing of a core curriculum
and teaching manual on human rights for use or reference by Vietnam‘s universities/academies and research institutes, which is really a meaningful contribution in the long run to the cause of human rights education in the country. Therefore, in this regard, the NCTs have devoted serious research efforts, using updated methodology, to contract the core course manual for practical use; this is not just limited to the purpose to accomplish/satisfy the TORs
requirements.
4. Significance of the Survey study
- For Survey 1: As stated earlier, this part of the Survey primarily focuses on assessing and providing data on the
current used curriculum for human rights training at the Vietnam Diplomatic Academy, taking into consideration the existing training programmers of other universities or academies, which will in fact provide useful inputs for the development and design of a core curriculum and teaching materials on human rights education for
use or reference by the DAV and other universities or research institutions.
- For survey 2: Reference materials naturally form an important and integral part in all researches and training
programmes. Human rights reference materials are more essential for the purposes/objectives of human rights
education and dissemination, particularly their selection and documentation for a specific education/training
course. One may affect, limit or broaden the contents and purposes of a particular human rights teaching course
through the selection/documentation of reference materials for the course itself. The availability of human
rights reference materials for public access is also very important for human rights education and dissemination.
- For both surveys: While several national institutions and universities have begun to introduce human rights
education into their formal teaching curricula in schools and in the training of different professional groups,
their education purposes are very varied and uneven. There seems to be a common tendency among these institutions to consider human rights as an exclusive international-law topic, hence the limitation on the course contents and reference materials. A few workshops and seminars held recently still continued to discuss about how
to approach human rights education among and within their institutions, what should be the practical plan,
roadmap, literature supports, and so on. It used to be a common practice among these institutions to keep low
profile to human rights education, while considering human rights is an exclusive international-law topic. This
misperception has led to the fact that a huge number of domestic law courses are left outside the realm of human rights mainstreaming, and hence human rights topics and reference materials are largely absent from the
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courses instruction for education. In such context, this Survey may provide a helpful insight into the existing
gaps in human rights training as well as reference materials among the related universities and academic institutions, which would in return invite a coordinated attention among them to build on past experiences and consolidate further their human rights education mandate for the strengthening of national education and protection
system.
54. Limitation of the Survey
Time constraint and difficulties in obtaining substantive human rights teaching materials from the target institutions
were the main limitation for the Survey. In fact, there has been the relatively limited availability of well documented
materials on the human rights teaching courses. Most of the institutions having human rights course in their formal
curricula do not normally possess an academically approved teaching manual or textbooks, except in the case of Hanoi National University (Law Faculty) and Hanoi University (Faculty of Social Studies). In most other cases, course
manuals mainly consist of collected reference materials as ‗course-readers‘ prepared by the Faculty members or visiting teachers for temporary use. Nevertheless, the basic materials needed for the objectives of this Survey could fortunately be found and they were sufficient for us to produce a general picture about the current human rights education
situation at Vietnam‘s universities/academies and research institutes and to observe the remaining gaps exist in incountry training curricula on human rights as the whole.
II. SURVEY ON THE ON THE HUMAN RIGHTS TRAINING CURRICULUM AT THE DAV
3. Current Human Rights Training Curriculum at the DAV
3.1. VDA Background and Training Faction
- The DAV was established by Decision 82/2008/QD-Tag of the Prime Minister on the basis of upgrading the Institute
for International Relations (successor of the College for Foreign Affairs established in 1959). The Academy carries
out strategic research in international relations and foreign policies, offers undergraduate and graduate trainings for
students and retraining of personnel for foreign services, and works as a ―think tank‖ in foreign policy for the Ministry of Foreign Affairs. The Academy has 211 researchers, faculty members and staff and is expected to have 350 personnel when it is in full service.
- Each year, the Academy recruits about 450 undergraduate students and 60 post-graduates to be trained in six disciplines: International Relations, International Law, International Economics, International Communication, English
and French. Retraining normally takes in about 100 college graduates and 150 on-the-job students each year. The
DAV is structured similar to a university with faculties and departments.
3.2. Human rights Curriculum at VDA
- The consultants were able to search through the course curricula of the following programmers within the six training
disciplines at the DAV, where human right might supposedly be taught, namely:
 International Law for BA (course code: D380108);
 International Law for Master degree (course code 60380108);
 International Relations for BA (course code: D310206);
 International Relations for College (course code C900110);
 International Relations for MA (course code:603102206);
 International Relations in joint training with the Victoria University, Wellington, New Zealand;
 International Communication for BA (course code D110 109);
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 Introduction to the Legal System of Vietnam (law course, Code 52.IL.002.2 )
 International Economics (course code D310 106).
- Among the above programmers at the DAV, there exists no separate course on human rights per se (i.e., an independent regular course entitled/devoted exclusively to ―Human Rights‖ or ―International Human Rights‖). In fact, human rights topic only stands as a course unit or sub-course incorporated in the curriculum of another mother major
course, for example:
 The International Law Course II for BA, in sub-section ―Public International Law‖ and sub-course ―International Human Rights Law‖ (code 52.IL.018.2); which is set as a selective topic, valued for 2 credits, out of 121
total credits of the whole law course.
 The International Law Course for MA (with the heading ―International Mechanism for Human Rights Protection‖); rated at 4-5 credits, in the total 42 credits required for the MA degree.
 The International Communication Course for BA, under sub-tittles ―Public International law II‖, ―Religions and International relations‖ which is counted for 2 credits each, in the total 130 required credits for the
whole International Communication major/program.
- On the other hand, in the DAV course curriculum on ―the Legal System of Vietnam‖ (Code 52.IL.002.2) there are
quite a few human rights-related subjects, which deals with the 1982 Constitution, the Civil Code and civil procedures, implementation of the civil judgments, Vietnamese administrative law, the Company Law, the Commercial
Law and Investment Law, the Law on Marriage. However, human rights, as an education topic, have not been integrated as a cross-cutting theme in the contents of these domestic law subjects.
3.3. Observation on the current Human rights Curriculum at VDA:
- Human Rights as a fully independent teaching course do not exist in the DAV training curricula. Human rights topics
are currently instructed as a sub-course or course unit attached to the curricula of another major such as international
law, as mentioned in the preceding paragraph. This situation is quite similar to what exists in some other universities.
- The course proportion for human rights education as stands in the current curricula at DAV is too trivial, all in terms
of HRs contents, the number of credits and its significance. It should be noted also that human rights topic is particularly absent from the training curricula for International Relations at the DAV.
- In the same time, human rights education has not yet been integrated or mainstreamed into those Vietnamese domestic law topics being instructed, which indicates the common knowledge gap currently existed in in-country human
rights training.
III. HUMAN RIGHTS TRAINING CURRICULA AT OTHER UNIVERSITIES AND INSTITUTIONS
4. Human Rights Training at Vietnam National University’s Law Faculty (VNU) and its Center for Human and Citizen’s Rights (CRIGHTS)
4.1 VNULF Background and Training Function:
- VNULF was established in 2000 on the basis of restructuring the Law Faculty of VNU University of Social Sciences
and Humanities exists ted since 1976. VNULF offers Undergraduate, Master and PhD programs in legal studies, focusing on general law and business law. The basic courses appear in the current curriculum of the Law Faculty include: Public International Law, Private International Law, International Economic Law, International Commercial
Law, International Human Rights Law, Law of the Sea, International Maritime Law, EU Law and EU Organizations,
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ASEAN, Protection of Industrial Property involving Foreign Elements, International Finance and Credit Law, Custom Law. International Human Rights Law stands as an independent topic.
- CRIGHTS is an affiliate of the VNULF, established in 2007. The Center‘s human rights functions include (i) Preparation of teaching curriculums on human rights for the university (graduate and post-graduate levels); (ii) Research
on human and citizens' rights, and capacity-building on rights-related issues for scholars and lawyers; (iii) provision
of legal information enhancing the knowledge on human and citizens' rights for the students and members of the
community, including compilation of legal data (in Vietnamese and English) for publication, provision of legal counsel on rights-related issues (iv) Networking with other national educational institutions and universities and international researchers on human rights study.
4.2 Human rights Curriculum at the VNULF
- VNULF runs an independent/regular human rights course and has recently published an academic cause-book on
human rights (3/9/2009) for use as the officially teaching document at VNU. The course curriculum consists of 9
Chapters: (i) Introduction and Approach to Human rights; (ii) Theoretical Human rights Concepts; (iii) International
Law on Human rights; (iv) Political and Civil rights in International Law; (v) Economic, social and Cultural Rights in
International Law; (vi) International Law on the Rights of Vulnerable Groups; (vii) International Mechanism on Protection and Promotion of Human Rights; (viii) History, approach and Policy of the Vietnamese Party and State on
Human Rights; (ix) Vietnamese Law and Mechanism to Implement and Promote Human Rights.
- On September 7, 2010, VNULF also launched a pilot MA training progamme on Human Rights (With the support of
Norwegian Center for Human Rights of University of Oslo 2, launching ceremony was attended by Norwegian Ambassador in Vietnam and representatives of Vietnamese and international agencies). The master program on human
rights law, to be started in 2011, includes 12 subjects with 50 credits. Curriculum specialists have acknowledged the
comprehensiveness of the programme in theoretical issues and professional grounds on international national human
rights laws.
4.3 Observation on the Human rights Curriculum at VNULF
- Human Rights topic is taught as a regular/official course at the VNU‘s Law Faculty, at both BA and MA levels. The
curriculum content for BA level is rather well contracted, but mainly targeted for the law students; therefore certain
aspects of human rights education are still missing.
- A significant factor to be commended on VNU/LF‘s human rights education is that it has established a ‗Center on
Human Rights‖ (CRIGHTS) which proves to be quite active and helpful. In the recent past, CRIGHTS was able to
obtain some international funding to publish guide books and leaflets on Human rights related Vietnamese laws for
dissemination, and to organize Human rights seminars (3 of them in 2008) namely: (i) ―Human rights in Analysis,
Law and Reality‖; (ii) ―International Standards on Capital Punishment‖; (iii) ―Vietnam and the 1948 Universal Declaration on Human Rights‖. CRIGHTS also maintains a modest human rights library and a website to provide online
HR resources for the public.
5. Human Rights Training at Hanoi University’s Faculty of International Studies (FIS HANU)
5.1 FIS HANU Background and Function:
- Established in 2002, the Faculty of International Studies of Hanoi University was one of the pioneers in Vietnam
conducting all the training courses of the bachelor programme in English (based on HANU very strong background
on foreign languages training). It is also a unique place in Viet Nam to offer training and education in field of interna9
tional studies, in 4 domains: International Relations, International Economics, International development & Social
Studies, Public Administration and Finance.
5.2 Human Rights Curriculum at FIS HANU
- Human Rights have been taught as a regular full course in the official curriculum at FIS HANU since 2012, under the
name ―Human Rights and National Policies‖ rated at 5 credits (15 weeks/75 class-hours).
- The course curriculum covers 15 chapters: (i) Introduction to Human rights, (ii) History and development of basic
Human rights principles; (iii) Development of international legal frameworks on Human rights after WWII and the
cold war impacts; (iii) The UN system on Human rights; (iv) Political & Civil Right and the treaty mechanism on reporting; (v) Economic-social-cultural rights and divergent views about their nature; (vi) International Human rights
protection to special groups; (vii) Different approaches on the nature and scope of state obligations to implement
Human rights; (viii) International and national mechanism to ensure protection and realization of Human rights; (ix)
Development as a right versus the human rights-based approach to development, and the post cold war HRs climate;
(x) Human rights and the US foreign policy; (xi) Human rights and the EU approach and mechanism; (xii) Human
rights approach by developing countries and ASEAN, particularly on contentious and sensitive issues; (xiii) Vietnam‘s Human rights policy and implementation; (xiv) Workshop/class discussions on human rights important topics;
(xv) Workshop/class discussions on human rights issues pertinent to Vietnam‘s development.
- Additional to a full regular human rights course, FIS training curricula also contain 4 other official courses related to
human rights aspects, namely: (i) Civil Society; (ii) ―Gender Equality and Development‖; (iii) ―Development economic‖ and (iv) Environment and Climate Change in Vietnam‖ that focuses on environmental problems and climate
change impacts on the population, particularly on the poor.
5.3 Observation on the Human rights Curriculum at FIS HANU
- As the course is targeted to students specialized in international relations, international economics, social development and public administration, the Human rights course contents at FIS HANU are not limited to the international
law aspect, but broader to cover social and political frameworks.
- However, human rights contents could be further mainstreaming into the teaching courses on ‗Civil Society‘, ‗Gender
Equality & Development‘, ‗Environment and Climate Change in VN‘, or ―development economics‖.
6. Human Rights Training at Hanoi Law University (HLU)
6.1 HLU Background and Function:
- Hanoi Law University was originally established in November 1979 by Decision No. 405/CP of the Government
Council. HLU has been attached to the Ministry of Justice since 1993 with the mandate to undertake training and
educating legal officers specialized in different domestic laws branches for the country.
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HLU offers Undergraduate, Master and Doctor programmes in legal studies, focusing on 5 major disciples: administrative law, civil law, criminal law, economic law, international law
6.2 HLU Curriculum on Human Rights:
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- There exists only one unit course on human rights attached to the international Law curriculum at the HLU, but it is
only a selective course, value at 3 credits (in more than 100 credits required for the International Law degree).
- In the mean time, there are a great number of human rights-related courses at HLU‘s training curricula regarding domestic laws, such as: civil law, civil procedures, special procedures in civil trials, law on implementing civil judgments, law on marriage, IP laws, law on state‘s compensation, law on residential housing, law on secured transaction
registration, law on civil insurances, law on the citizen‘s rights, law on gender equality, law on preventing family violence, law on the children‘ rights, legal consultancy skills in civil procedures, legal skills in negotiating-preparing
and concluding civil contracts, legal skills in IP consultancy, legal consultancy skills in defending for the clients in
civil procedures. However, human rights mainstreaming into these civil law courses is not clearly evident.
6.3 Observation on the Human rights Curriculum at the HLU:
- The current human rights topic in the HLU‘s international law course seems very trivial, in terms of its credits and
weight proportion to the overall course and it is classified only as a selective course. In the mean time, there are a
great number of domestic laws courses at HLU whose contents are actually human rights -related topics, but a focus
on human rights education as a focus is still missing.
- In fact, in May 2013, HLS already organized a national workshop on ―plans and roadmaps to introduce Human rights
into the teaching curricula on Vietnamese and international laws courses at HLU and at other teaching institutions
under the Ministry of Justice‘s jurisdiction (in accordance with the MOJ‘s Decision 3821/QD/BTP issued on September 12/2011 and Direction 44-CT/TW (July 20/2010) by the Communist Party Central Committee). Probably, with a
suitable strategy to integrate and tailor-make human rights knowledge and skills into the existing domestic laws
courses, HLU would undoubtedly step up as one of the most important training centers on domestic laws & human
rights education in Vietnam.
7. Human Rights Training at HCMC University of Law (HUL)
7.1 HUL Background and Function:
- HCMC University of Law was founded on 25/5/1987 on the basis of merging the Southern Branch of Hanoi Law
University and the Law Faculty of HCMC Politic University. HUL is also attached to the Ministry of Justice‘s education mandate to undertake training of specialized legal officers in different domestic laws branches for the South.
- HUL offers Undergraduate, Master and Doctorate training in legal studies, focusing on 5 major disciples: administrative law, civil law, criminal law, economic law, and international law.
7.2 HUL Curriculum on Human Rights:
- International Human Rights Law as a teaching subject is listed in the curriculum on Public International Law course
of the International Law Faculty (comprising 5 topics: Law on International Organization, Law of the Sea, Aviation
Law, Law on Diplomatic and Consulate Immunities, International Human Rights).
- HUL‘s International Human Rights Law course is 30 class-hours, focusing on 3 theoretic themes: (i) Development of
Human Rights and Citizen Rights (historical development, nature and scope of human rights and the citizen rights,
international system of Human Rights Laws); (ii) Legal Recognition of Human Rights and Citizen Rights in Vietnam
(constitutional laws); (iii) Ensuring realization of Human Rights and the Citizen Rights (political & economic guarantees; legal protection and social insurances: obligations of the state, communities, organizations and individuals;
protection mechanism and procedures; Social awareness and capacity building, legal remedies; legal service).
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7.3 Observation on HUL Human Rights Curriculum.
- The HUL Human Rights course curriculum is yet substantial in terms of contents and number of credits, but has
touched on the domestic law aspect of human rights protection and implementation.
- In particular, the course‘s focus on ‗Ensuring realization of Human Rights and the Citizen Rights‖ signifies a proper
approach to the core issues of human rights education.
8. Human Rights Training at the Ho Chi Minh Political Academy (Institute for Human Rights (VIHR)
8.1 VIHR’s Background and Function:
- The VIHR (at Ho Chi Minh National Political Academy) was established in the year 1994. VIHR‘s objectives include: (i) ‗‖To conduct basic research on the history and theory of human rights as well as systematic research on the
situation of the actual implementation of human rights in Vietnam and around the world‖; (ii) ―To teach human rights
to Vietnamese public servants, to educate and strengthen the awareness of human rights at all levels of society‖; (iii)
―To develop and disseminate human rights documents in the society‖; (iv) To strengthen the scientific base related to
human rights to contribute to policy and law making‖; (vi) ―To enhance the international relations and cooperation
concerning human rights research with human rights institutions in other countries and international NGO's working
in Vietnam‖.
- Ho chi minh National Political Academy is seen as the most influential Communist Party think-tank and its preeminent centre for political scientific education, thus the establishment of VIHR as a research unit within the Academy became a unique phenomenon. A great deal of expectation is registered around its functioning and activities.
8.2 VIHR’s Human rights Curriculum and Activities:
- No fixed curriculum/curricula for Human rights trainings could be obtained from the VIHR, as perhaps they are kept
for ranking government officials. VIHR, however, has released some human right publications, e.g.: (a) A course
manual for use in BA training in 2002 (Giáo trình Lý luận về quyền con ngƣời, dùng cho hệ cử nhân, Hà Nội, 2002);
(b) A Compilation of International instruments on HRs (National Political Publisher, 1998 and Nxb Tƣ pháp, 2007);
(c) A Compilation of International instruments on Humanitarian Law ((National Political Publisher, 2005).
- VIHR activities as posted include: Human rights research and training for different target groups; convening of national workshops and conferences; preparation of human rights documents; publication of pocketbooks and monthly
fact-sheets on Human rights.
- Back in 1997-2000, the Raoul Wallenberg Institute had a formal agreement with VIHR to organised a number of
seminars and training courses for, inter alia, Provincial Chief Procuratorates, Provincial Chiefs of Police, Members of
the National Assembly, officials from various ministries, scholars from the universities and research centres. The cooperation also involved literature support to VIHR enabling the establishment of reference libraries in international
law with special emphasis on human rights. Currently, the Raoul Wallenberg Institute is implementing a Human
rights capacity development program, in cooperating with VIHR, to organize workshops (notably in February 2013)
focusing on (i) Strengthening the institutional capacity of academic institutions to carry out human rights education,
research and outreach activities; (ii) Promoting the establishment of a National Human Rights Institution in Vietnam.
- VIHR is also active in sending staffs on study tours abroad (e.g. A recent trip on grant by the Nordic Trust Fund to
the U.S. to attend a two-day conference on human rights at the World Bank and a study tour to examine U.S. justice
systems last September ) to obtain experience in educating and training Vietnamese government officials.
12
8.3 Observation:
VIHR‘s establishment and its involvement in Human rights training for Vietnamese government officials on behalf of
the Ho Chi Minh National Political Academy could be seen as a significant factor. Its presence in the playing field
can become a political catalyst in the promotion of Human rights education in other national institutions.
9. Human Rights Training at the Institute for Family and Gender Studies (IFGS)
9.1 IFGS’s Background and Function:
- IFGS was originally established in 1987 as the Center for Women Studies within Vietnam Academy of Social Sciences (VASS)1. During the International Year of the Family in 1994 and in 2004, the Vietnamese Government assigned to the Center an additional responsibility of taking on family and gender studies. As a result, the Center was
renamed IFGS. The Institute is a leading research institution of the government on women, family and gender issues.
- The Institute aims to undertake theoretical and practical research to provide Vietnam's leaders, policy makers and
planners at all levels with scientific arguments in the development of laws and policies on the family, women and
gender equality.
-
9.2 IFGS Listed Activities:
Designing and implementing theoretical and empirical studies in the fields of family, women and gender, independently or in cooperation with other research organizations, institutes, and universities at home and abroad.
Disseminating scientific knowledge of family, women and gender through publications and education.
Building a network of information, documentation, library and necessary technical infrastructure for its studies on
family, women and gender as a leading research center in the fields of family, women and gender studies.
Delivering lectures in universities at home and abroad on family, women and gender issues.
Providing consultation for organizations and bodies interested in family, women and gender issues.
Providing active support for the development of women through advocacy activities.
9.3 IFGS Publications
- Periodicals:
• Journal of Family and Gender Studies, Bimonthly in Vietnamese language.
• Vietnam Journal of Family and Gender Studies, Biannual in English.
- Published Books:
Gender Equality in Vietnam (2008); Domestic violence: Detection from a Qualitative Research (2008); Feminist
Theories and Gender Perspective (2006); Marriage and the Family in Vietnam Today (2006); Single Women in Vietnam (2005); Marriage and Family: Question and Answers (2004); Studies on Women, Gender and Family (2003);
Family and Reproductive Health for Adolescents (2003); Divorce: Hanoi Case Study (2002); Basic Data on Vietnamese Family and Women in the North (2002); Vietnamese Family and Women during Industrialization and Modernization (2002); Vietnamese Family in Doimoi Context (2002); Family and Women in Socio-Cultural Change in Rural
Areas (2001); Female Labour Migration: Rural-Urban (2001); Female Workers in Non-State Industrial Sector and
Legal Services in Vietnam (2001); Prevention of Women Trafficking in Vietnam (2000); Wedding and Public Opinion at Present (2000); Women and Doimoi in Vietnam (2000); Rural Women and the Development of NonAgricultural Occupation (1998); Social Policies for Rural Women (1998); The Role of the Family in the Formation of
Vietnamese Personality (1999); Women and Gender Equality in Doimoi in Vietnam (1998); Economic Potential of
Vietnamese Women (1997); Social Policies for Rural Women at Present (1997); Women and the Development of
1
Recently, VASS has also been involved in organizing ―HRs Education Forum‖ as part of a funded project to build up a HRs education network in Vietnam.
13
Micro Enterprises in Vietnam (1997); Poor Women under Market Economy (1996); Vietnamese Family at Present
(1996); Family and the Issue of Education (1994); Marriage and the Family of Tay, Nung and Thai Minorities in
Vietnam (1994); Household Economy and Training for Women in Rural Areas (1993); Job Creation, Income Generation for Women (1993); Health and Biological Structure of Rural Women (1991); Selected Data on Vietnamese
Women (1990); Vietnamese Women in the Eighties (1989).
9.4 Observation on IFGS Programmes and activities:
- IFGS is the official government research institute on women-family-gender issues, which are the focusing areas of
the government and society; therefore, IFGS can obtain favourable supports and funding for its activates, compared to
other academic institutions.
- IFGS has made significant contribution to the promotion of women and children‘s status and in the empowerment of
women and children‘s rights in general.
10. Summarized Table1: List of Universities under Survey & Results
No
Name of University
1
Vietnam Diplomatic Academy
DAV
2
Vietnam National University
Hanoi– Law Faculty VNULF
3
4
Vietnam National University
HCMC Law Faculty VNUHC
Hanoi University – Faculty of
International Studies (FIS HANU)
(Summarized Table -Team 1)
HR Course
Field of
Existence
No of
Affiliation
Full
Unit
Credits
Course Course
x
x
x
Hanoi Law University (HLU)
6
HCMC Law University (HUL)
x
7
HCM Political Academy, Institute for Human Rights (VIHR)
x
8
Institute for Family and Gender
Studies (IFGS)
NE
2 for BA,
5 for MA
International
3 credits
Law
x
5
International
Law
x
NE
Existence
of Academic Manual
No
Textbooks
Other
Materials and
Resources
Existed
Course Reader
Education Level
Not
Adequate
HRs Center,
HRs Library
HRs Website
Adequate
International
Law
3 credits
No
Course Reader
Not
Adequate
Independent
Course
5 credits
(75 hours)
Course
Manual
Course Reader
Faculty Website
Adequate
International 3 credits
Law
30 hours
International
(2 credits)
Law
No
Course
Manual
Independent
Course
NE
No
NE
NE
Research
Publications
on Women
Course Reader
Course Reader
HRs Website
Not
Adequate
Not
Adequate
Course Reader
NE
2 Periodicals
NE
IV. SURVEY 2 ON THE ON HUMAN RIGHTS REFERENCE MATERIALS AT THE DAV
AND OTHER UNIVERSITIES IN VIETNAM
11. Survey Observations
Regarding the 2nd Survey on the availability, relevancy and effectiveness of current human rights reference materials
at the DAV and other Vietnamese universities, four observations could be made:
o Although the course contents on human rights currently exists at the DAV look thorough in their presentation
and the reference materials seem relevant to international standard, their topics coverage is quite limited - perhaps because it is just a course unit attached to the international law programme‘s curriculum, with only 2 cre14
dits. Reference materials have been limited to international law human rights chapters/textbooks, a list of UN
human rights legal instruments and documents, and general articles on human rights/policy analysis. The
Academy‘s library has some human rights books on the shelf, but not rich in human rights culture and lack of
updating. This situation is very similar to what exists in some other universities where human rights topic is
just constructed as a course unit within another mother course (or major) such as international law.
o Most human rights courses taught at university level are conducted in Vietnamese, except at the Faculty of International Studies, Hanoi University. Human rights documents and reference material translated into Vietnamese are also limited, except for the basic UN human rights treaty texts (such as the International Bills of
Rights and other 7 core human rights treaties). This indeed has a general limitation impact on the overall human rights teaching and education in the country as well. Vietnam‘s Ministry of Education is currently requiring a higher level of mandatory English teaching at universities; and hopefully this would improve the situation
on students‘ access to human rights reference materials written in English.
o It should be commended that the reference materials related to human rights at Vietnam National University
Hanoi - Law Faculty (VNULF) look very substantial, particularly those listed for the human rights course being taught. A long list of reference documents is attached to the end of every chapter consisting of 20-43 selected references from international and local authors or institutions; some sources/materials are repeated, but
the topics coverage is quite board and comprehensive. VNULF also has a separate human rights library, with a
list of human rights publications conducted by itself and its Human Rights Center, together with a human rights
website providing human rights recourse for public. In some respect, it seems that human rights education has
been mainstreaming into the teaching topics at VNULF, particularly with respect to imparting human rights
knowledge and awareness beyond the university attendance.
o On the other hand, reference materials on human rights and human rights education at other universities, for
example Hanoi Law University (HLU) or HCMS National University, are not concentrated to the expected levels. In the same time, there seems to be no clear evidence that human rights have been mainstreaming into the
teaching programmes on Vietnamese domestic laws being taught – This situation, however, would be a topic
for another research project later on.
12. Summarized Table 2: Availability and Relevancy of Reference Materials on HRs Education for Students
University
Vietnam Diplomatic Academy DAV
Vietnam National
University, Law
Faculty (VNULF)
VNU HCMC Law
Faculty (VNUHC)
Hanoi University
(FIS HANU)
Hanoi Law University (HLU)
HCMC Law Uni-
(Summarized Table -Team 2)
UN
HRs
Documents
Vietnamese Research
HRs
Library- HRs Legal Education HRs Laws Articles Website Instruments Materials Publication Toolkits
Relevancy
and Effectiveness
Frequency Recommendation
of Updating
No
Available
Inadequate
Inadequate
Absent
Poor
Not Updated
Improvement
Needed
Yes
Available
Available
Available
Available
High
Updated
Good
Example
No
Available
Inadequate
Available
Absent
Poor
Not Updated
Improvement
Needed
No
Available
Available
Inadequate
Absent
Average
Average
No
Available
Inadequate
Available
Inadequate
No
Available
Inadequate
Available
Inadequate Average
Improvement
Needed
Improvement
Needed
Improvement
15
Poor
Average
versity (HUL)
HCM Political
Academy, Institute
for Human Rights
(VIHR)
Institute for Family
and Gender Studies
(IFGS)
Needed
Yes
Available
Available
Inadequate
Inadequate Average
Average
Improvement
Needed
Yes
Available
Available
Inadequate
Available
Average
NE
NE
V. OVERALL CONCLUSION AND RECOMMENDATION
13. General Conclusions:
1. Human Rights Education has become a topic of general interest in many major public institutions in Vietnam, but the
level of instruction, the contents and methods of approach are quite uneven. In fact, since the last decade, human
rights education has been taught and integrated in the contents of different teaching subjects of the formal secondary
and primary levels of public schools in the country, and in the training of different professional groups, such as public
servants, law enforcement officers, police, judiciary, military and government officials. At the university level, several national institutions have begun to introduce human rights into their formal educational curricula, though the
knowledge they generate is often not coordinated, publicized or widely available. This signifies the limited capacity
for training in the human rights field in in-country academic institutions, and also the need for coordinate efforts
among the major public training institutions on human rights research. The process of developing and delivering a
human rights training program need be discussed specifically by each institution on how to design, implement, follow-up and evaluate such programme. Despite these gaps, the field of human rights education and training begins to
mature and diversify, demonstrating its potential impact on national policies and the capacity to enhance human
rights protection
2. While human rights education has been integrated into formal curricula in schools or in the training of different professional groups, it is a common practice among these institutions to keep low profile to human rights education, and
to consider human rights as an exclusive international-law topic. This misperception has led to the fact that a huge
number of domestic law topics are left outside the realm of human rights mainstreaming for education. As shown in
the training curricula on domestic laws subjects at Hanoi Law University (HLU), HCMC University of Law (HUL),
and at the DAV as well, human rights education has not been integrated or mainstreamed into the various Vietnamese
domestic law topics being instructed. Many social development programmes undergoing, many human rights crosscutting issues related to sustainable economic and social development in Vietnam intimating past and present experiences, are concurrently left out in the teaching curricula. This common knowledge gap should be addressed in specific details in all future national education forums where the UN and donor community might be involved.
3. Currently, human Rights curricula at the DAV, as well as at some other universities, have not been constructed as a
fully independent/regular course, but just a course unit attached to the international law programme(s) - except in the
cases surveyed at the VNULF, Hanoi University (FIS HANU), and HCMC Law University (HUL). Furthermore, the
course proportion for human rights education appears very trivial in the current total training curriculum, both in
terms of credits and significance. This situation should be reviewed.
14. Recommendation:
1. A long-term plan to develop human rights training strategy, particularly for the period of 2014-2016, should be formulated under the Project to assist Vietnamese training institutions to decide on their human rights training approach
16
to a more holistic point of view. At the first steps, it is necessary and viable to build up regular human rights courses
for teaching and publicizing, as a means to raise human rights awareness and target government policies.
2. However, it should be noted that for a better prospect of HRs education, Vietnam would need some 3 basic teaching
courses and course books: (i) The first one would be a pilot HRs course manual/textbook targeting at university students undertaking BA degree in general, as intended by this Project component for use at the DAV and other universities nationwide. (ii) Another HRs course-book needed should be a course developed for the training of different professional groups, such as law enforcement officers and civilian associations, in the form of a HRs training toolkits,
perhaps. (iii) The third kind of training course/course book should be formulated for use in thematic domestic law
teaching topics (such as civil law, civil procedures, Court trials and civil judgments implementing, law on the citizen‘s rights, law on marriage and family violence, law on gender equality and children‘ rights, law on state‘s compensation... legal consultancy and defending for clients...) focusing HRs mainstreaming approach and methodology as a guidebook. Therefore, some sort of planning or ―roadmap‖ may be required by the Project plan for the next step
in 2014 to work on those second and third categories of teaching/training manuals. A short planning Table can be
submitted hereafter for good attention:
(Summarized Planning Table 2-Team 1)
No
Intended Teaching Courses
1
Pilot HRs Course Curriculum
and Teaching Manual
2
HRs training toolkits
3
Thematic HRs Mainstreaming
Approach and Methodology
Course book
Target Groups
Technical
Specification
Primary
Secondary
University
Students
Other
Groups
Professional
Groups
Civil Society
Social Groups
Teachers and
Students on
Domestic Law
Other Groups
Academic
Course
Topical
Training
Toolkits
Guidebook
Training Focus
Theory and Practice
Applied
Techniques
Methodological
Approach
Period of
Training
Full
Semester
Short
Course
or Seminar
Training
Integration
Completion
Roadmaps
December
2013
June
2014
December
2014
3. To begin with a pilot human rights course for teaching at the DAV and other universities is a practical first step to
impart human rights education. The DAV‘s establishment of a fully comprehensive course on Human rights for integration into its training curriculum would set a meaningful initiative for other institutions. As one of the leading research and training institutions in international relations and a ―think tank‖ for the Ministry of Foreign Affairs, the
DAV is in a good position to coordinate national efforts on human rights education. The experiences that have been
achieved by Vietnam National University‘s Law Faculty and by Hanoi University‘s Faculty of International Studies
in running their human rights courses can also provide a good basis for the Academy to compare and further refine
the pilot course.
4. From the technical or academic approach, in designing the course curriculum, attention should be paid to the setting
of training goals, specific target groups of attendants, appropriate choice of topics and methodology. In the first place,
such pilot course should become a regular and independent course to be used for students undertaking university degrees, such as law or other programmes, including international law and international relations. The core contents of
the future course will include two required components: Firstly the Course Syllabus which contains the course‘s objectives, expected results and chapter coverage; and Secondly the Course Manual that detailing the course substance.
As intended by this Project component, the consultant teams shall prepare the pilot course to be included in the Final
Report, so as provide the basis for reference and adaptation by the DAV teaching staffs. It is also intended for use or
reference by other universities and research institutes.
17
5. As regard mainstreaming human rights into Vietnamese domestic laws programmes existed at Hanoi Law University
(HLU), HCMC University of Law (HUL) as well as at the DAV, it is recommended that human rights knowledge and
skills be integrated into the various topics/subjects being instructed, as illustrated in the Planning Table 2 above, particularly with respect to developments in the post cold-war human rights approaches brought about by the 1993
World Conference on Human Rights in Vienna, the first and second UN Reform programmes of the UN SecretaryGeneral, the Millennium Summit of 2000 and the 2005 World Summit Outcome; and also be placed within the new
context of political, economic and social development in Vietnam. A minimum requirement would be for each course
on domestic law to include 1 additional chapter on ―Reviewing the Mechanism in the (related) Vietnamese Law for
Human Rights Protection and Implementation‖. This endeavor, hopefully, shall be undertaken by various groups of
national experts very soon in the near future.
APPENDIX:
An attached list of Appendixes depicting the teaching curriculum at the DAV and the course materials of other universities (the VNULF‘s course manual and reference materials, the human right course syllabus and teaching Manual
at FIS HANU‘s and HCMC Law University) shall be introduced alongside with this Report, as a subsidiary source
for reference.
18
VI. THE PROPOSED PILOT COURSE
ON HUMAN RIGHTS
19
2014
HUMAN RIGHTS
COURSE PROFILE
National Consultant Team
20
A. COURSE CURRICULUM
I.
PREFACE
- This Human Rights Course Manual was prepared by the National Consultant Teams in conjunction with the Project
sponsored by the UNDP and Ministry of Foreign Affairs entitled ―Follow-up and support to the implementation of
Vietnam‘s Universal Periodic Review recommendations: Increasing Vietnam‘s human rights capacities‖, Project
Component 1.3: ―Development of textbook/teaching materials on human rights with focus on processes for integration into curriculum of the Vietnam Diplomatic Academy, taking into consideration existing textbooks of other relevant academies‖.
- In constructing the Curriculum for this human rights Course and preparing the contents of the Chapters therein, the
consultant teams have paid due attention to the setting of training goals for specific target groups of attendants, choice
of topics and methodology; and have taken into full account of the existing human rights curriculum currently used at
the DAV and other national universities in the country as inputs for the design. The consultants‘ approach for this pilot course is guided by the following considerations:
1).This is the teaching course to be used for students undertaking a university degree, and shall be a regular
academic course.
2).The course‘s curriculum should be consisted and contain in the first place those core chapters on general
Human rights. At the same time it should address the substantive areas of Human rights education, particularly
in the Vietnamese context. Accordingly, the institution(s) using this course may further refine the course‘s contents or include training methodology and capacity-building components suitable to their educational purposes
and requirements, such as lessons and materials designed to impart training skills to participants.
3). Good experiences of other universities shall be observed, particularly the best parts of those existing courses
on Human rights currently adopted by them. The methodological approach developed on the basis of the their
experiences are not only useful for the construction of this course, but can be further adapted and modified by
future institutions using this course for their specific target groups.
- The structure and contents of the proposed course will consist of two required components: (i) Course Curriculum
containing the course description, course objectives and an outline of chapter coverage, and (ii) Course Manual
which will detail the course substance. Beside these two documents, the institutions using this course may require
their course instructors to prepare the PPt slices for class presentation and extra reading materials (like a Course
Reader) for the students. As intended by this Project component, the pilot Course Curriculum and Course Manual
shall be part of the Final Report, so as to provide access for reference and adaptation by the DAV and other universities or research institutes.
II.
COURSE CURRICULUM
Course Title:
Course Code:
Length (Credit):
Prerequisite:
Course Instructor(s)
HUMAN RIGHTS AND NATIONAL POLICY
To be added
1 Semester long (4-5 credits or more depending on university‘s rating policy)
University students undertaking training in Law and International Relations
To be added
21
Course Description:
- This course module analyses the philosophy of human rights and provides the students with systematic knowledge on
the existence and development of international human rights law and organizations, particularly since after the
Second World War with the UN system on protection and promotion of human rights. It also analyses the human
rights approach taken by different groups of countries with regard to the states‘ duties to implement and fulfill human
rights obligations, especially Vietnam‘s policy approach and implementation, so as to improve the student‘s analytical skills and factual knowledge in dealing with critical human rights issues.
- In particular, this course encourage the use of interactive teaching methods, which would help to promote active involvement of the students throughout the programme and which would include: presentation and discussion, visual
aids, panel or round-table simulation, working groups, case studies, problem-solving/brainstorming, field trips, practical exercises.
Course Objectives:
This course is designed to:
 Develop students‘ understanding of the basic contents of human rights and the international system of human
rights protection, its making process and institutions involved; and the role the UN in the development and protection of human rights
 Advance students ‗knowledge of comprehensive and cross-cutting human rights issues, the importance of human
rights protection, ensuring and fulfillment and the policies of different states in these respects.
 Help analyze a number of contemporary human rights problems to improve the student‘s factual knowledge and
analytical skills in understanding and approaching human rights issues in reality.
Expected Result:
After the course, students ‗ability to apply theoretical human rights knowledge and skills in practice seems to be one
of the most desired results of the education process. The course is intended to enables the students to become more informed citizens so that they can effectively develop their own capacity to participate in social life, and to be involved
actively in actual work to promote and disseminate human rights in the country.
Course Outline:
Chapters
Chapter 1
Chapter 2
Chapter 3
Chapter 4
Chapter 5
Chapter 6
Chapter 7
Chapter 8
Chapter 9
Contents
Introduction to the human rights course and human rights education,
Historical development of Human rights, Human rights philosophy and
theoretical approaches.
United Nations and Development of the International legal systems on the
protection of human rights (UN Charter Provisions, UN Institutional bodies
on Human rights, UN Human rights treaty system and enforcement mechanism).
International Humanitarian Law, International Criminal Court, Regional
Treaty System on Human Rights Protection and Enforcement.
Civil and Political Rights (substantive contents as reflected in the ICCPR
and in related legislations of Vietnam).
Economics, Social and Cultural Rights (substantive contents as reflected in
the ICESCR and in related legislations of Vietnam).
International human rights protection regarding the disadvantaged groups
and newly emergent issues.
Midterm Review & Class Seminar: Social, economic and cultural identity does it affect states’ obligations to implement human rights?
Post Cold-War human rights development (main features, development rights
22
Lec/Tut
3/2
3/2
3/2
3/2
3/2
3/2
3/2
2/3
2/3
Chapter 10
Chapter 11
Chapter 12
as a right, Human rights-based approach, UN’s leading role and UN Millennium Development Goals).
Vietnam’s policy approach to human rights, national laws and mechanisms
to protect and promote human rights.
Class Seminar: Sustainable development and human rights challenges for
Vietnam in the next decade (topical development issues & human rights;
crime prevention: human trafficking, family violence, corruption).
Course Evaluation and Final Exam
3/2
2/3
120’
Reference Materials:
For the purpose of this Report, this consolidated Table is composed of only selective materials and intended
to avoid duplication in listing reference materials after each Chapter of the Course as normally required
Categories
PUBLICATIONS
Reference Materials
- Antonio Casessese, International Law, Second Edition, Oxford University Press, 2005.
- Anja Seibert-Fohr, Domestic Implications of the ICCPR pursuant to
Article 2.2, Max Planck, UNYB 5, 2001.
- Crawford, The Rights of Peoples (Cambridge: Cambridge University
Press, 1995);
- Connor Gearty, Civil Liberties (Oxford: Oxford University Press,
2001).
- Ian Brownlie, Principles of Public International Law (Chapter XXV)
(fifth edition), Oxford University Press, 1998
- Joshua Castellino, International Law & Self-Determination: The Interplay of Politics of Territorial Possession with Formulations of National Identity (The Hague: Martinus Nijhoff Publishers, 2000).
- James Anaya, Indigenous Peoples in International Law (Oxford: Oxford University Press, 2004).
- Jack Donnelly, ―The Relative Universality of Human Rights,‖ Human
Rights Quarterly 29, no. 2 (2007): 284.
- Javaid Rehman, International Human Rights Law: A Practical Approach, University of Leeds, Longman, Pearson Education Limited,
2003.
- Makau Mutua, Human Rights: A Political and Cultural Critique
(Philadelphia: University of Pennsylvania Press, 2002), 75.
- Mamta Rajawat, Burning Issues of Human rights (Delhi: Kalpaz Publications, 2001), 125.
- Manfred Nowak, U.N Covenant on Civil and Political Rights –
ICCPR Commentary, N.P. Engel Publisher.
- Michelin Ishay, History of Human Rights: From Ancient Times to the
Globalization Era, Berkeley: University of California Press, 2004.
- Michael Hass, International Human Rights: A Comprehensive Introduction, 2008: Chap. 14: New Dimensions and Challenges.
- Nancy Flowers, ―What is Human Rights Education?‖ A Survey of
Human Rights Education, Bertelsmann Verlag, 2003.
- Rhona K.M Smith, International Human Rights Law, Oxford University Press, 2007.
- Rolf Künnemann, A Coherent Approach to Human Rights, Human
Rights Quarterly 17.2 (1995).
- Todd Landman, Studying Human Rights, Routledge, London & New
23
note
-
-
York, 2006
T. W. Bennett, ―Human Rights & the African Cultural Tradition,‖
transformation Journal no. 22 (1993): 35 (accessed 28 September
2008).
United Nations Charter, UN Library Home Page.
United Nations: The Compilation of International Human Rights Instruments, New York and Geneva, 1994.
United Nations: Manual on Human Rights Reporting, Geneva, 1997.
United Nations: Enforced or Involuntary Disappearances , Fact Sheet
No.6/Rev.2, Geneva, 1997
OHCHR, Principles and Guidelines for a Human rights Approach to
Poverty Reductions Strategies, HR/PVB/06/12
OHCHR, Frequently Asked Questions on Human rights-Based Approach to Development Cooperation, New York-Geneva 2006.
NOHCHR, the UN Decade for Human Rights Education, 1995-2004:
Lessons for Life, Geneva, 1998.
UNDP: Applying a Human rights-Based Approach to Development
Cooperation and Programming, 2006.
UNESCO / HCHR, Plan of Action – World Programme for Human
Rights Education, First Phase. New York & Geneva, 2006
Vietnam Development Report, UNDP Country Team, 2010.
Vietnam‘s White Book on Human Rights (http://www.mofa.gov.vn).
Vietnam‘s UPR Report 2009 (http://www.mofa.gov.vn).
UN CORE CONVENTIONS
- International Covenant on Civil and Political Rights (ICCPR)
- International Covenant on Economic, Social and Cultural Rights
(ICESCR)
- International Convention on the Elimination of All Forms of Racial
Discrimination (CERD)
- Convention on the Elimination of All Forms of Discrimination
against Women (CEDAW)
- Convention against Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment (CAT) Convention against Torture and
Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT)
- Convention on the Rights of the Child (CRC)
- International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (MWC).
- Convention on the Rights of Persons with Disabilities (CRPD)
UN DECLARATIONS
- Universal Declaration of Human Rights (10 December 1948),
- Declaration on the Elimination of Violence against Women (20 December 1993),
- Declaration on the Right to Development (4 December 1986),
- Vienna Declaration and Programme of Action Adopted by the World
Conference on Human Rights in Vienna on 25 June 1993
- Declaration on the Right and Responsibility of Individuals, Groups
and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms (9 December 1998),
- United Nations Millennium Declaration (8 September 2000).
WEBSITES
- UN Library Home Page: www.un.org/Depts/dhl/unique
24
-
European Commission on Human Rights: www.dhcommhr.coe.fr
European Court for Human Rights: www.dhcour.coe.fr/default.hcm
International Organization: http://WEB.bu.edu/anajam/ir595.html
Human Rights Dialogue:http:www.cceia.org/lib_hri.html
Norms on the responsibilities of transnational corporations and other
business enterprises with regard to human rights,
http://www.un.org/apps/news/story.
B. COURSE MANNUAL
Chapter I
INTRODUCTION TO HUMAN RIGHTS COURSE
AND HUMAN RIGHTS EDUCATION
I. HUMAN RIGHTS CONCEPT
- ‗Human rights‘ is a very broad concept. If you were to ask people in the street ―What are human Rights?‖ you would
get many different answers. They would tell you the rights they know about, but very few people know all their
rights. Among international scholars, there exist also many definitions of human rights, depending on their own point
of approach.
- In general terms, human rights are commonly understood as rights inherent to all human beings, whatever their nationality, place of residence, sex, national or ethnic origin, color, religion, language, or any other status. People are all
equally entitled to their human rights without discrimination. These rights are all interrelated, interdependent and indivisible. Human rights are also understood as universal legal guarantees protecting individuals and groups against
actions and omissions that interfere with fundamental freedoms, entitlements and human dignity.
- The ancient world did not possess the concept of universal human rights. Ancient societies only had ―systems of duties‖. The modern concept of human rights developed during the early modern period alongside the European secularization of Christian ethics. The true forerunner of human rights discourse was the concept of natural rights which appeared as part of the medieval natural law tradition that became prominent during the Enlightenment period 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. The United States Declaration of Independence
(1776) contains this phrase: ―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‖. From such foundation, the modern human rights arguments emerged over the latter half of the twentieth century. Gelling as social activism and political rhetoric in many nations put it high on the world agenda.
- Universal human rights are often expressed and guaranteed by law, in the forms of treaties, customary international
law, general principles and other sources of international law. International human rights law lays down obligations
of Governments to act in certain ways or to refrain from certain acts, in order to promote and protect human rights
and fundamental freedoms of individuals or social groups. Human rights standards have become increasingly welldefined in recent years. Codified in international, regional and national legal systems, they constitute a set of performance standards against which the duty-bearers at all levels of society can be held accountable.
- The term "international human rights law" is often used as a category of reference to describe these systems, but this
can be a source of confusion as there is no separate entity as "international human rights law" but an interlocking sys25
tem of non-binding conventions, binding international treaties, domestic law, international organizations and political
bodies.
II. SIGNIFICANCE OF HUMAN RIGHTS EDUCATION
- Understanding human rights forms the basic foundation for effective protection and promotion human rights in really.
Human rights education is all learning that develops the knowledge, skills, and values of human rights. Education in
human rights is itself proclaimed as a fundamental human right in the Universal Declaration (UDHR), and also a responsibility of the society and the government. The UDHR Preamble calls on ―every individual and every organ of
society, keeping this Declaration constantly in mind, shall strive by teaching and education to promote respect for
these rights and freedoms and by progressive measures, national and international, to secure their universal and effective recognition and observance...‖ (Para.8).
- Education for human rights helps people feel the importance of human rights, internalize human rights values and integrate them into the way they live. Education for human rights also gives people a sense of responsibility for respecting and defending rights of other, and empowers them, through learned skills, to take appropriate action. An important outcome of human rights education is empowerment, a process through which people and communities increase
their control of their own lives and the decisions that affect them. It encourages people to work together to bring
about justice and dignity for all. This is one of the best ways of ensuring social security, peace and development for a
state. Thus, human rights education is akin to preventive medicine, in that it requires States to take proactive measures to stay ‗healthy‘.
- Human rights education embodies, by definition, a diverse range of contents, partner groups, contexts and circumstances, interpretations and understandings as well as specific programme and country needs. There are very many real
and substantive differences within human rights education possibilities as well as approaches – it is of positive and
lasting value to recognize, explore and value such differences. Rights bring with them responsibilities - to ourselves,
our families, our friends, and further to those we do not know and will never meet. Then the role of education in protecting these rights, and identifying those responsibilities, must be to teach about the world in which we live and the
people with whom we share that world. Now we are living in the modern world where human-beings developed in all
the fields. But there is still a lot of difference among the countries. Within that broad framework more specific issues
can be addressed by human rights education.
- Human rights education has been a focal point of the UN since its inception. Prior to 1948, human rights education
was exclusively a concern of domestic legal and education systems, as human rights were not considered to be an appropriate subject matter for international law. However, the development of the United Nations and the adoption of
the Universal Declaration of Human Rights (UDHR) saw this change. Up to now, there are five initiatives of the UN
to mandate and encourage greater of human rights education by States, namely:
o UDHR;
o International Covenant on Economic Social and Cultural Rights2.
o Convention on the Rights of the Child3;
o UN Decade for Human Rights Education (1995–2004);
- General Comment relates to Article 13 of ICESCR elaborates on the normative content of Human rights education which provides that:
States parties are required to ensure that curricula, for all levels of the educational system, are directed to the objectives identified in article
13(1).
3 - Article 29(1) of CROC provides that: States Parties agree that the education of the child shall be directed to:
a. The development of the child’s personality, talents and mental and physical abilities to their fullest potential;
b. The development of respect for human rights and fundamental freedoms, and for the principles enshrined in the Charter of the United Nations;
c. The development of respect for the child’s parents, his or her own cultural identity, language and values, for the national values of
the country in which the child is living, the country from which he or she may originate, and for civilizations different from his or her
own;
d. The preparation of the child for responsible life in a free society, in the spirit of understanding, peace, tolerance, equality of sexes, and
friendship among all peoples, ethnic, national and religious groups and persons of indigenous origin;
e. The development of respect for the natural environment.
2
26
o World Programme for Human Rights Education (2005-ongoing).
- In the year 1995, the United Nations declared the Decade for Human Rights education (1995-2004) and offers a comprehensive Plan of Action. The objectives of the plan include the building and strengthening of human rights education programmes within the community at large as well as within schools, universities, professional training programmes and institutions throughout the world. During this decade nations are called upon to promote and implement
human rights education in all sectors of their society. Similarly, the UN Human Rights Council also monitors States‘
human rights education efforts as part of that body‘s Universal Periodic Review process. At the same time, practical
and financial assistance is needed to enable many States to provide training for teachers, develop human rights curricula and create appropriate resources for students. UNESCO and the international aid and development community
have a role to play in this area.
- Human rights education is defined by the UN High Commissioner on Human Rights as those training, dissemination,
and information efforts that aim at building a universal culture of human rights. As indicated in the plan of action by
the UN, for the materialization of this goal it is essential that the training focus on particular skills, the acquisition of
knowledge and building of attitudes that would strengthen the respect for human rights and fundamental freedoms,
facilitate the holistic development of human personality and human sense of dignity, promote understanding, respect,
gender equality and friendship among nations, declare equality of racial and ethnic groups, enable all persons to participate effectively in the society, and expand the activities of the United Nations for the maintenance of world peace.
- To assist States with preparing and implementing national plans of action, the Office of the High Commissioner for
Human Rights (OHCHR) drafted Guidelines that included a set of principles, together with a step-by-step strategy for
developing national plans of action in human rights education. The OHCHR also recommended that every Ministry
of Education assign a relevant unit to be responsible for coordination with all relevant actors, and to serve as national
focal point for school-based human rights education initiatives. States were requested to advise the OHCHR of the
identity of their focal point, and report on efforts to implement the plan of action for the first phase of the World Programme. Thus far, 50 States have submitted reports, with the majority coming from Europe and North American
countries (although the United States is a notable absence). This represents approximately a quarter of the UN membership, and is a disappointing response to such an important initiative.
- Vietnam joined the UN and is a party member to almost all the core UN legal instruments on international protection
of human rights, which requires the state‘s compliance with the obligations contained therein, including the obligation to educate and disseminate human rights. Vietnam also asserts that promotion and protection of human rights are
a crucial factor for its sustainable development. In its own expressed words, Vietnam ―considers human beings both
as the goal and the driving force of the national building; human beings are placed at the center of all socio-economic
policies‖.
- In fact, since the last decade, human rights education has been taught and integrated in the contents of different teaching subjects of the formal primary and secondary schools in the country, and in the training of different professional
groups, such as public servants, law enforcement officers, police, judiciary, military and government officials. At the
university level, several national institutions have begun to introduce human rights into formal educational curricula
in schools. Currently there are more and more universities and colleges are conducting regular human rights courses
or course-units, though the knowledge they generate is often not coordinated, publicized or widely available. Despite
these gaps, the field of human rights education and training begins to mature and diversify, demonstrating its potential impact on national policies and the capacity to enhance human rights protection
III. COURSE OBJECTIVES
- In the overall aspect, the objectives of this Human Rights Course are in full accordance with the objectives of human
rights education set forth by the UN, which aims at building a universal culture of human rights. This particular
course is designed for university students, but it can be used also for the training of other social groups. The primary
objectives of this course include:
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 To develop students‘ understanding of the basic contents of human rights and the international legal system of
human rights protection, its making process and institutions involved; and the role the UN in the development
and protection of human rights
 To advance students‘ knowledge of comprehensive and cross-cutting human rights issues, the importance of
human rights protection, ensuring and fulfillment and the policies of different states in these respects.
 To help analyze a number of contemporary human rights problems to improve the student‘s factual knowledge
and analytical skills in understanding and approaching human rights issues in reality.
- While human rights should be part of everyone‘s education, certain groups in the society may have a particular need
for human rights education: some because they are especially vulnerable to human rights abuses, others because they
hold official positions and upholding human rights is their responsibility, and some others because of their ability to
influence and educate. Among these groups are the following:
 Administrators of Justice: (law enforcement personnel, including police and security forces, prison officials,
lawyers, judges, and prosecutors);
 Other Government and Legislative Officials: (members of the legislature, public officials, elected and appointed, members of the military);
 Organizations, Associations, and Groups (women‘s organizations, trade unionists, children and youth, community activists and civic leaders, minority groups, members of the business community, indigenous peoples, religious leaders and others with a special interest in social justice issues, students at all levels of education, poor
people, whether in cities or rural areas, people with disabilities, migrant workers, refugees and displaced persons, people of all sexual orientations);
 Other Professionals: (students, educators, social workers, health professionals, journalists and media representatives).
- As for expected result of this course, the students ‗ability to apply theoretical human rights knowledge‘s and skills in
practice after the course seems to be one of the most desired results of the education process. The course is intended
to enables the students to become more informed citizens so that they can effectively develop their own capacity to
participate in social life, and to be involved actively in actual work to promote and disseminate human rights in the
country.
IV. COURSE METHODOLOGY AND CONTENTS
- In constructing the teaching Curriculum for this Human rights Course and preparing the contents of the Chapters
therein, due attention has been paid to the specific target groups of attendants involving university students, and
hence the choice of topics and methodology. In the first place, this teaching course is constructed as a regular academic course for use and reference by the DAV and other universities/academies institutions in human rights training.
- In particular, this course encourages the use of interactive teaching methods, which would help to promote active involvement of the students throughout the programme and which would include: presentation and discussion, visual
aids, panel or round-table simulation, working groups, case studies, problem-solving/brainstorming, field trips, practical exercises.
- Our experiences also highlight the need for increased networking and coordination between training institutions in
order to ensure mutual learning around effective strategies and methodologies as well as maximizing impact. This is
particularly true of the need for greater human rights mainstreaming as well as that between different areas related to
human rights education.
- As regard its contents, this course module analyses the philosophy of human rights and provides the students with
systematic knowledge on the existence and development of international human rights law and organizations, particularly since after the Second World War, and the UN treaty system on protection and promotion of human rights. It al28
so analyses the development of human rights since the end of the cold-war, the remaining contentious issues in human rights approach taken by different groups of countries with regard to the states‘ duties to implement and fulfill
human rights obligations, and finally Vietnam‘s human rights policy approach and implementation, so as to improve
the student‘s analytical skills and factual knowledge in dealing with critical human rights issues. The content of the
course is outlined in the course curriculum to be examined in the next section.
V. INTRODUCTION TO THE COURSE CURRICULUM
Chapters
Chapter 1
Chapter 2
Chapter 3
Chapter 4
Chapter 5
Chapter 6
Chapter 7
Chapter 8
Chapter 9
Chapter 10
Chapter 11
Chapter 12
Contents
Introduction to the human rights course and human rights education,
Historical development of Human rights, Human rights philosophy and
theoretical approaches.
United Nations and Development of the International legal systems on the
protection of human rights (UN Charter Provisions, UN Institutional bodies
on Human rights, UN Human rights treaty system and enforcement mechanism).
International Humanitarian Law, International Criminal Court, Regional
Treaty System on Human Rights Protection and Enforcement.
Civil and Political Rights (substantive contents as reflected in the ICCPR
and in related legislations of Vietnam).
Economics, Social and Cultural Rights (substantive contents as reflected in
the ICESCR and in related legislations of Vietnam).
International human rights protection regarding the disadvantaged groups
and newly emergent issues.
Midterm Review & Class Seminar: Social, economic and cultural identity does it affect states’ obligations to implement human rights?
Post Cold-War human rights development (main features, development rights
as a right, Human rights-based approach, UN’s leading role and UN Millennium Development Goals).
Vietnam’s policy approach to human rights, national laws and mechanisms
to protect and promote human rights.
Class Seminar: Sustainable development and human rights challenges for
Vietnam in the next decade (topical development issues & human rights;
crime prevention: human trafficking, family violence, corruption).
Course Evaluation and Final Exam
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Chapter 2
HISTORICAL DEVELOPMENT HUMAN RIGHTS,
HUMAN RIGHTS PHILOSOPHY AND THEORETICAL APPROACH
I. HISTORICAL DEVELOPMENT OF HUMAN RIGHTS
1. Pre-history Periods:
- The modern sense of human rights can be traced to Renaissance Europe and the Protestant Reformation, alongside the
disappearance of the feudal authoritarianism and religious conservatives that dominated the Middle Ages. Although
ideas of rights and liberty have existed in some form for much of human history, they do not resemble the modern
conception of human rights.
- In fact, the earliest signs of human rights can be accorded to Asia. Long before the English Margna Carta of 1215, the
British Bill of Rights 1689, and the American and French Declarations of 1776 and 1789 respectively, a lot of
grounds had already been covered in Asia towards what became known as human rights. The Cyrus Cilynder written
during the reign of King Cyrus of Persia in Iran, which is thousands of years long before the UDHR, has been said to
contain the first expressions on human rights. The Constitution of Medina of 622 AD - believed to have been drafted
by Prophet Muhammad and constituted formal agreement between all significant tribes and families of Yathrib later
known as Medina, including Muslims, Jews and Pagans - is probably the first constitution or treaty which entertained
diverse human rights.
The Cyrus Cylinder (539 B.C.)
The decrees Cyrus made on human rights were inscribed in the Akkadian language on a baked-clay cylinder. This ancient record has
now been recognized as the world’s first charter of human rights. It is translated into all six official languages of the United Nations and
its provisions parallel the first four Articles of the Universal Declaration of Human Rights ( 2008–2013 United for Human Rights).
- The basis of most modern legal interpretations of human rights can be traced back to recent European history: One of
the oldest records of human rights is the Statute of Kalisz (1264), giving privileges to the Jewish minority in
the Kingdom of Poland such as protection from discrimination and hate speech. The ―12 Articles‖ - which were part
of the peasants' demands raised towards the Swabian League in the German Peasants ‗War in Germany (1525) - are
considered to be another record of human rights in Europe. In Britain in 1683, the English Bill of Rights (or "An Act
Declaring the Rights and Liberties of the Subject and Settling the Succession of the Crown") and the Scottish Claim
of Right, each marked a new human rights step that made illegal a range of oppressive governmental actions.
2. The 18th century:
- Two major revolutions occurred, in the United States (1776) and in France (1789), leading to the adoption of
the United States Declaration of Independence and the French Declaration of the Rights of Man and of the Citizen respectively, both of which established certain legal rights. ―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‖ (The United States Declaration of Independence, 1776). Additionally,
the Virginia Declaration of Rights of 1776 encoded into law a number of fundamental civil rights and civil freedoms.
30
The Bill of Rights 1688-1689
Declaration of the Rights of Man
3. The 19th Century:
- Human rights became a central concern over the issue of slavery. A number of reformers, such as William Wilberforce in Britain, worked towards the abolition of slavery. This was achieved in the British Empire by the Slave Trade
Act 1807 and the Slavery Abolition Act 1833.
- In the United States, all the northern states had abolished the institution of slavery between 1777 and 1804, although
southern states clung tightly to the "peculiar institution". Conflict and debates over the expansion of slavery to new
territories constituted one of the reasons for the southern states' secession and the American Civil War. During the reconstruction period immediately following the war, several amendments to the U.S Constitution were made. These
included the 13th Amendment banning slavery, the 14 Amendment assuring full citizenship and civil rights to all
people born in the United States, and the 15th Amendment guaranteeing African Americans the right to vote.
- The Constitution of the United States of America (1787) and Bill of Rights (1791): Written during the summer of
1787 in Philadelphia, the Constitution of the United States of America is the fundamental law of the US federal system of government and the landmark document of the Western world. It is the oldest written national constitution in
use and defines the principal organs of government and their jurisdictions and the basic rights of citizens.
- The first ten amendments to the Constitution - the Bill of Rights - came into effect on December 15, 1791, limiting the
powers of the federal government of the United States and protecting the rights of all citizens, residents and visitors in
American territory. The Bill of Rights protects freedom of speech, freedom of religion, the right to keep and bear
arms, the freedom of assembly and the freedom to petition. It also prohibits unreasonable search and seizure, cruel
and unusual punishment and compelled self-incrimination. Among the legal protections it affords, the Bill of Rights
prohibits Congress from making any law respecting establishment of religion and prohibits the federal government
from depriving any person of life, liberty or property without due process of law. In federal criminal cases it requires
indictment by a grand jury for any capital offense, or infamous crime, guarantees a speedy public trial with an impartial jury in the district in which the crime occurred, and prohibits double jeopardy.
4. The 20th Century:
- Many groups and movements have achieved profound social changes over the course of the 20th century in the name
of human rights. In Europe and North America, Labor unions brought about laws granting workers the right to strike,
establishing minimum work conditions and forbidding or regulating child labor. 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 the most influential was Mahatma Gandhi's movement to free his native India from British rule. Movements by long-oppressed racial
and religious minorities succeeded in many parts of the world, particularly in Asia and the African continent have ex31
panded the human rights contents; and beside them the African American Civil Rights Movement, and more recent
diverse identity politics movements, on behalf of women and minorities.
- 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 and diplomacy, and improving global welfare. Enshrined in its charter was a
mandate to promote many of the rights later included in the Universal Declaration of Human Rights of the UN in
1948.The Second World War, the huge losses of life and gross abuses of human rights that took place during it, were
a driving force behind the development of modern international human rights instruments.
5. The United Nations and Human Rights:
- In the aftermath of the atrocities of World War II there was increased concern in the social and legal protection of
human rights as fundamental freedoms. At the 1945 Yalta Conference, the Allied Powers agreed to create a new body
to supplant the League's role; this was to be the United Nations. Since then, the United Nations and its members have
developed much of the discourse and the bodies of law that now make up international human rights law and international humanitarian law.
- The United Nations has played an important role in the development of international human-rights law since its creation. The provisions of the United Nations Charter provide the starting basis for a comprehensive system of international law and practice for the protection of human rights.
United Nations Charter Provisions
- The preamble of the Charter provides that the members "reaffirm faith in fundamental human rights, in the equal
rights of men and women" and Article 1(3) of the United Nations Charter states that one of the purposes of the UN is:
"to achieve international cooperation 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".
- Article 55 provides that the United Nations shall promote: a) higher standards of living, full employment, and conditions of economic and social progress and development; b) solutions of international economic, social, health, and related problems; c) international cultural and educational cooperation; d) universal respect for, and observance of, human rights and fundamental freedoms for all without distinction as to race, sex, language, or religion. Of particular
importance is Article 56 of the charter: "All Members pledge themselves to take joint and separate action in cooperation with the Organization for the achievement of the purposes set forth in Article 55‖. This is a binding treaty
provision applicable to both the Organization and its members and has been taken to constitute a legal obligation for
the members of the United Nations.
- The importance of human rights on the global stage can be traced to the discourse of human rights within the UN
framework. The rights espoused in the UN charter were later on codified and defined in the International Bill of Human Rights, composing the Universal Declaration of Human Rights (UDHR), the International Covenant on Civil and
Political Rights (ICCPR), the International Covenant on Economic, Social and Cultural Rights (ICESCR), and in
many other international instruments adopted recently in the field of human rights. The UN Charter can be seen as the
starting point for the development of a broad array of declarations, treaties, implementation and enforcement mechanisms, UN organs, committees and reports on the protection of human rights.
II. PHILOSOPHY OF HUMAN RIGHTS
1. The Basis of Human Rights:
- The philosophy of human rights attempts to examine the underlying basis of the concept of human rights and addresses questions about the existence, content, nature, universality, justification, and legal status of human rights.
Several theoretical approaches have been advanced to explain how and why human rights have become a part of so32
cial expectations. Some strong claims made on behalf of human rights frequently provoke skeptical doubts and countering philosophical defenses.
- One of the oldest Western philosophies of human rights contents that they are a product of a natural law, stemming
from different philosophical or religious grounds. Other theories hold that human rights codify moral behavior which
is a human social product developed by a process of biological and social evolution. Human rights are also described
as a sociological pattern of rule setting (as in the sociological theory of law). These approaches include the notion that
individuals in a society accept rules from legitimate authority in exchange for security and economic advantage - a
social contract. The two theories that dominate contemporary human rights discussion are the ―interest‖ theory and
the ―will‖ theory. Interest theory argues that the principal function of human rights is to protect and promote certain
essential human interests, while will theory attempts to establish the validity of human rights based on the unique
human capacity for freedom.
2. The Normative Existence of Human Rights
The most obvious way in which human rights exist is as norms of national and international law created by enactment
and judicial decisions. At the international level, human rights norms exist because of treaties that have turned them
into international law. For example, the human right not to be held in slavery or servitude in Article 4 of the European
Convention and in Article 8 of the International Covenant on Civil and Political Rights. It exists because these treaties establish it. At the national level, human rights norms exist because they are constituted through legislative
enactment, judicial decision, or custom become part of a country's law. When rights are embedded in international
law we speak of them as human rights; but when they are enacted in national law we frequently describe them as civil
or constitutional rights. As this illustrates, it is possible for a right to exist within more than one normative system at
the same time.
Enactment in national and international law is one of the ways in which human rights exist. But many have suggested
that this is not the only way. If human rights exist only because of enactment, their availability is contingent on domestic and international political developments. Many people have sought to find a way to support the idea that human rights have roots that are deeper and less subject to human decisions than legal enactment. One version of this
idea is that people are born with rights, that human rights are somehow innate or inherent in human beings. The US
Declaration of Independence (1776) claimed that people are ―endowed by their Creator‖ with natural rights to ―life,
liberty, and the pursuit of happiness‖.
3. Which Rights are Human Rights?
This section discusses the question of which rights belong on lists of human rights. Not every question of social justice or wise governance is a human rights issue. For example, a country could have too high income inequality, inadequate provision for higher education, or no national parks is seen without violating any human rights.
Deciding which norms should be counted as human rights is a matter of some difficulty; and there is continuing pressure to expand lists of human rights to include new areas. Many political movements would like to see their main
concerns categorized as matters of human rights, since this would publicize, promote, and legitimize their concerns at
the international level. A possible result of this is ―human rights inflation‖.
4. Features of Human Rights
In defining the features of human rights, the goal here is to answer the question of what human rights are with a general description of the contemporary concept rather than a list of specific rights:
First, human rights are political norms dealing mainly with how people should be treated by their governments and
institutions. They are not ordinary moral norms applying mainly to interpersonal conduct. Some rights, such as rights
against racial and sexual discrimination are primarily to regulate private behavior, but still governments are directed
by rights against discrimination. They forbid governments to discriminate in their actions and policies, and they impose duties on governments to prohibit and discourage both private and public forms of discrimination.
33
Second, human rights exist as (1) a shared norm of actual human moralities, (2) a justified moral norm supported by
strong reasons, (3) a legal right at the national level (―civil‖ or ―constitutional‖ right), or (4) a legal right within international law. A human rights advocate might wish to see human rights exist in all four ways.
-Third, human rights are numerous and specific rather than abstract. Human rights as we know them today address
specific problems (e.g., guaranteeing fair trials, ending slavery, ensuring the availability of education, preventing genocide). They are the rights of the lawyers rather than the abstract rights of the philosophers.
-Fourth, human rights are minimal standards. They are much more concerned with avoiding the terrible than with
achieving the best. Their dominant focus is protecting minimally good lives for all people (Nickel 2006). Henry Shue
suggests that human rights concern the ―lower limits on tolerable human conduct‖ rather than ―great aspirations and
exalted ideals‖ (Shue 1996). As modest standards they leave most legal and policy matters open to democratic decision-making at the national and local levels. This allows them to have high priority, to accommodate a great deal of
cultural and institutional variation, and to leave open a large space for democratic decision-making at the national
level.
-Fifth, human rights are international norms covering all countries and all people living today. International law plays
a crucial role in giving human rights global reach. We can say that human rights are universal provided that we recognize that some rights, such as the right to vote, are held only by adult citizens; that some human rights documents
focus on vulnerable groups such as children, women, and indigenous peoples.
-Sixth, human rights are high-priority norms. This does not mean, however, that we should take human rights to be
absolute. The high priority of human rights needs support from a plausible connection with fundamental human interests or powerful normative considerations.
-Seventh, human rights require robust justifications to be high priority and universally applied. Without this they cannot withstand cultural diversity and national sovereignty. Robust justifications are powerful but need not be understood as ones that are irresistible.
Eighth, human rights are rights, but not in a strict sense. As rights they have several features. One is that they have
right holders: a person or agency having a particular right. Broadly, the right holders of human rights are all people
living today. On the other hand, Rights also have addressees as they primarily impose obligations on the government
of the country in which the person resides or is located. The duties associated with human rights typically require actions involving respect, protection, facilitation, and provision. Rights are usually mandatory in the sense of imposing
duties on their addressees, but they sometimes do little more than declare high-priority goals and assign responsibility
for their progressive realization.
5. Rights and Obligations
Human rights entail both rights and obligations.
- At the state‘s level: States assume obligations and duties under international law to respect, to protect and to fulfill
human rights. The obligation to respect means that States must refrain from interfering with or curtailing the enjoyment of human rights. The obligation to protect requires States to protect individuals and groups against human rights
abuses. The obligation to fulfill means that States must take positive action to facilitate the enjoyment of basic human
rights.
- At the individual level, while we are entitled to our human rights, we should also respect the human rights of others.
6. Prohibition of discrimination
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Discrimination is used in the sense of an unfair, unreasonable, unjustifiable or arbitration distinction‘ which apply to
‗any act or conduct that denies to individuals equality of treatment with other individuals because they belong to particular groups in society‘.
The principle of non-discrimination lies at the foundation of human rights law. It posits that human rights accrue to
every human being irrespective of personal identifiers such as gender, race, religion, ethnicity, nationality, descent,
class, caste, membership of a minority or indigenous group, age or disability. In addition it applies irrespective of the
current personal/civil status or circumstances of the individual. The fundamental importance of this principle lies in
the fact that it guarantees rights without exclusion in the context of vulnerable groups whose human rights are often
violated.
While States are allowed to make distinctions where these may be necessary (e.g. in determining standards that may
be necessary for the fulfillment of certain roles in society) these can never be arbitrary or targeted against any members of a particular group. Article 2(1) of the Covenant on Political and Civil rights requires each member State to respect and ensure the human rights recognized in the Covenant for each individual within its territory; and such enjoyment of rights cannot be hampered on grounds of ‗race, sex, language, religion, political or other opinion, national
or social origin, property, birth or other status‘. This guarantee is reiterated in the context of gender in Article 3 of the
Covenant. The unequal enjoyment of rights between men and women is widespread throughout the globe and remains
a fundamental weakness of the extent to which the human rights promises can be fulfilled.
7. Limitation to human rights
- State discretion: States enjoy a degree of flexibility in implementing human rights.
- Existence others‘ rights
- Derogations in time of public emergency (Article 4 (1) Covenant Civ. Pol. Rights)
- Reservations, declarations, denunciations: Normal actions in the course of conclusion of treaties, including
treaties on human rights protection.
Readings: Rhona K.M. Smith, Text books on International Human Rights, pp. 164-171.
III. CLASSIFICATION OF HUMAN RIGHTS
Human rights can be classified and organized in a number of different ways. At an international level the most common categorization of human rights has been to split them into civil and political rights, and economic, social and cultural rights. Some human rights are said to be "inalienable rights". The term inalienable rights (or unalienable rights)
refer to "a set of human rights that are fundamental, are not awarded by human power, and cannot be surrendered‖.
1. Indivisibility Approach
- When the Universal Declaration of Human Rights was proclaimed in 1948, it articulated the notion that human rights
were to accrue to every individual human being in a bid to protect their inherent dignity. In this context it identified
human rights as were implicitly understood as ‗indivisible‘ consisting of civil, political, economic, social and cultural
rights, all of which would need due attention if the goal of creating an effective human rights regime was to be
achieved.
- Universal Declaration of Human Rights included both economic, social and cultural rights and civil and political
rights; this is because it was based on the principle that the different rights could only successfully exist in combination: The ideal of free human beings enjoying civil and political freedom and freedom from fear and want can only be
achieved if conditions are created whereby everyone may enjoy his civil and political rights, as well as his social,
economic and cultural rights.
- To many people, this is held to be true because without civil and political rights the public cannot assert their economic, social and cultural rights. Similarly, without livelihoods and a working society, the public cannot assert or
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make use of civil or political rights. Opponents of the indivisibility of human rights argue that economic, social and
cultural rights are fundamentally different from civil and political rights and require completely different approaches.
2. Separation Approach:
 Human rights are negative rights which one holds against the Governments, which States cannot take away nor create
but simply recognize. They are tangible and judicially enforceable rights.
 Human rights are positive rights: Rights created by States, like right to education, right to housing…). They are intangible and difficult to be enforced.
3. Another categorization: As offered by Karel Vasak, there are three generations of human rights: first-generation
civil and political rights (right to life and political participation), second-generation economic, social and cultural
rights (right to subsistence) and third-generation solidarity rights (right to peace, right to clean environment). Out of
these generations, the third generation is the most debated and lacks both legal and political recognition. This categorization is criticized as it implicitly states that some rights can exist without others.
Chapter III
UNITED NATIONS AND THE DEVELOPMENT OF
INTERNATIONAL LEGAL SYSTEM ON HUMAN RIGHTS
I. CONTEXT OF THE UN CHARTER
- The contemporary history of the development of human rights goes back to the UN Charter. The Charter of the UN
(1945) proclaims that one of the purposes of the United Nations is to promote and encourage respect for human rights
and fundamental freedoms for all. The Charter does list among the UN's purposes to promote and encourage ―respect
for human rights and fundamental freedoms for all without distinction as to race, sex, language, or religion‖.
- It was precisely due to the atrocities of the Second World War which acted as a ‗wake-up call‘ to the world leaders to
begin to think that the pre-war international legal order needed fundamental revision in order to hold international
peace and security together. Grave violations of human rights had been committed during the Hitler era. Had the killings of the Jews and others been limited to Germany, it would be difficult to imagine the Western countries rolling
out of their war machines to protect the victims. It is believed that these violations might have been prevented had an
effective international system for the protection of human rights existed in the days of the League of Nations. Thus,
the establishment of the United Nations in 1945 marked the turning point in the development of international law
from merely ‗the laws of nations‘ to embracing such issues as human rights.
- The ―Four freedom‖ delivered by President Franklin Roosevelt in a speech before Congress on January 6, 1941 as a
justification for joining the Second WW (11 months before the U.S. declared war on Japan) which marked a departure from US traditional ―isolationist‖ position was later on taken as part of the personal mission by his wife Eleanor
Roosevelt regarding her inspiration behind the UN Declaration of Human Rights (GA Resolution 217A). Indeed,
these Four Freedoms were explicitly incorporated into the preamble to the Universal Declaration of Human Rights
which reads, "Whereas disregard and contempt for human rights have resulted in barbarous acts which have outraged the conscience of mankind, and the advent of a world in which human beings shall enjoy freedom of speech
and belief and freedom from fear and want has been proclaimed the highest aspiration of the common people,...."
The San Francisco Conference and Human Rights
- Big powers had problems of their own: racial discrimination, forced labor, colonial systems.
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- Overall, the references to human rights in the Charter are general and vague. The Charter does not contain specific
legal rights, nor does it mandate any enforcement procedures to protect these rights.
- Although the big powers prevailed to the extent that the San Francisco Conference produced no protective system as
such, the UN Charter did nevertheless lay the legal and conceptual foundation for the development of contemporary
international human rights law. The significance of the espousal of human rights within the UN charter must not be
understated.
2. HUMAN RIGHTS IN THE UN CHARTER
- The provisions of the United Nations Charter provided a basis for the development of international human rights protection. The preamble of the charter provides that the members "reaffirm faith in fundamental human rights, in the
equal rights of men and women―: Article 1(3) of the United Nations charter states that one of the purposes of the UN
is: "to achieve international cooperation 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".
- Article 55 provides that the United Nations shall promote: a) higher standards of living, full employment, and conditions of economic and social progress and development; b) solutions of international economic, social, health, and related problems; c) international cultural and educational cooperation; d) universal respect for, and observance of, human rights and fundamental freedoms for all without distinction as to race, sex, language, or religion. Of particular
importance is Article 56 of the charter: "All Members pledge themselves to take joint and separate action in cooperation with the Organization for the achievement of the purposes set forth in Article 55‖. This is a binding treaty
provision applicable to both the Organization and its members and has been taken to constitute a legal obligation for
the members of the United Nations.
- The rights espoused in the UN charter were later on codified and defined in the Universal Declaration of Human
Rights, the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and
Cultural Rights (often referred to as the International Bills of Human Rights), and in many other UN conventions in
the field of human rights over the next decades.
- The UN contributes to raising consciousness of the concept of human rights through its covenants and its attention to
specific abuses through its General Assembly, Security Council resolutions, or International Court of Justice rulings.
International human rights treaties adopted by the UN transform lists of human rights into legally binding state obligations. The first such United Nations treaty was the Genocide Convention, approved in 1948 — just one day before
the Universal Declaration. The Convention defines genocide and makes it a crime under international law. It also requires ratifying states to enact legislation prohibiting genocide. Currently the Genocide Convention has more than
130 parties. The International Criminal Court, created by the Rome Treaty of 1998, is authorized to prosecute genocide at the international level, along with crimes against humanity and war crimes.
3. UN INSTITUTIONAL BODIES ON HUMAN RIGHTS
a) General Assembly:
- Under Article 13 of the UN Charter, the GA has the power to initiate studies and make recommendations on human
rights issues. Under this provision, the General Assembly passed the Universal Declaration of Human Rights in 1948,
and since then a wide variety of other human rights instruments. Human Rights treaties are only one part of the UN's
human rights program. In fact, the UN has created several agencies and courts, independent of its human rights treaties, to address continuing human rights abuses. Three notable agencies are: the Human Rights Council (HRC), which
addresses gross human rights violations; the High Commissioner for Human Rights (OHCHR), which serves as a
full-time advocate for human rights within the UN; and the Security Council (UNSC), which has the authority to impose diplomatic and economic sanctions, sponsor peacekeeping missions, and authorize military interventions in cases of human rights emergencies.
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- The Assembly also has several subsidiary organs that deal with specific human rights issues, such as the Special
Committee on Decolonization and the Special Commission against Apartheid (no longer operational). In addition the
General Assembly has set up a number of subsidiary organs that consider human rights issues in a number of highprofile contexts: such as the UN Council on Namibia, the Special Committee to Investigate Israeli Practices in the
Occupied territories and the Committee on the Exercise of the Inalienable rights of the Palestine People.
b) The ECOSOC:
- The ECOSOC is authorized to ―make recommendations for the purpose of promoting respect for, and observance of,
human rights and fundamental freedoms for all‖. The ECOSOC is also required to ―set up commissions in economic
and social fields and for the promotion of human rights‖ (Article 62 (2) of the Charter)
c) The Security Council:
- UNSC has the primary responsibility for maintaining international peace and security and is the only body of the UN
that can authorize the use of force. The Security Council also has the authority to impose diplomatic and economic
sanctions, sponsor peacekeeping missions, and authorize military interventions in cases of human rights emergencies.
On April 28, 2006 the Security Council adopted Resolution 1674 that reaffirmed the responsibility to protect populations from genocide, war crimes, ethnic cleansing and committed the Security Council to action to protect civilians in
armed conflict.
d) Human Rights Council
- In 2006 the longstanding UN Human Rights Commission was replaced by a new Human Rights Council. The stated
goals of the replacement were to eliminate ―double standards and politicization‖. The new Council's responsibilities
include ―promoting universal respect for the protection of all human rights‖, addressing gross human rights violations, making recommendations to the General Assembly, and ―responding promptly to human rights emergencies‖.
The Council's other responsibilities include providing direct assistance to UN member states to help them meet their
human rights responsibilities through communication, technical assistance, and capacity building.
- The Council consists of 47 members, elected directly and individually by the General Assembly with membership
based on equitable geographic distribution. Council members serve terms of three years, with a limitation of no more
than two consecutive terms. Procedures for Council membership are aimed at keeping countries with very poor human rights records off the Commission. Members must be elected by an absolute majority of the General Assembly,
requiring 96 votes in a secret ballot, rather than a simple majority of General Assembly members present. The General Assembly also acts as a check on the Council, with the ability to suspend Council members whose countries commit gross human rights violations. The Council meets at least three times per year for a total of not less than ten
weeks, with the ability to hold special sessions when necessary.
- The Human Rights Council may request that the Security Council take action when human rights violations occur.
Security Council may also refer cases to the International Criminal Court (ICC) even if the issue being referred is
outside the normal jurisdiction of the ICC.
- An important development within the procedures of the Human Rights Council is Universal Periodic Review adopted
in 2008. This is a system of scrutiny and evaluation run by the Council and its staff in which all UN member states
are required once every four years to report on, receive evaluation, and have discussed in the Council their human
rights practices. This requirement applies whether or not a country participates in human rights treaties.
e) The High Commissioner for Human Rights
- In 1993, following recommendations included in the World Conference on Human Rights in Vienna, the United Nations General Assembly established the Office of the High Commissioner for Human Rights as part of the UN Secretariat. The OHCHR coordinates the many human rights activities within the UN, working closely with treaty bodies,
such as the Human Rights Committee, and other UN agencies such as the Human Rights Council. The High38
Commissioner assists in the development of new treaties and procedures, sets the agenda for human rights agencies
within the UN, and provides advisory services to governments. Most importantly, the High Commissioner serves as a
full-time advocate for human rights within the United Nations. The OHCHR also has field offices throughout the
world, including offices in Central Asia, East and Southern Africa, the Pacific, Latin America, and the Middle East.
4. UN TREATIES SYSTEM ON HUMAN RIGHTS
a) Universal Declaration of Human Rights 1948
- Not long after its founding, the UN established a committee in charge of drafting an international bill of rights. The
UN Charter proclaims that one of the purposes of the United Nations is to promote and encourage respect for human
rights and fundamental freedoms for all. This call was first given concrete expression with the promulgation of the
Universal Declaration of Human Rights by the UN General Assembly in 1948. Adopted against the background of
the horrors of the Second World War, the Universal Declaration was the first attempt by all States to agree, in a single
document, on a comprehensive catalogue of the rights of the human person. As its name suggests, it was not conceived of as a treaty but rather a proclamation of basic rights and fundamental freedoms, bearing the moral force of
universal agreement. Its purpose has thus been described as setting ―a common standard of achievement for all
peoples in all nations‖. Broadly speaking, the Universal Declaration sets down two broad categories of rights and
freedoms - civil and political rights, on the one hand, and economic, social and cultural rights, on the other. This document was to be similar to historic bills of rights such as the French Declaration of the Rights of Man and of the Citizen (1789) and the United States Bill of Rights (1791), but was to apply to every person in every country. This international bill of rights emerged as an astounding success in setting the pattern for subsequent human rights treaties and
in getting countries to include its list of rights in national constitutions and bills of rights.
- The Universal Declaration of Human Rights (1948) sets out a list of over two dozen specific human rights that countries should respect and protect. These specific rights can be divided into six or more families: security rights that protect people against crimes such as murder, massacre, torture, and rape; due process rights that protect against abuses
of the legal system such as imprisonment without trial, secret trials, and excessive punishments; liberty rights that
protect freedoms in areas such as belief, expression, association, assembly, and movement; political rights that protect
the liberty to participate in politics through actions such as communicating, assembling, protesting, voting, and serving in public office; equality rights that guarantee equal citizenship, equality before the law, and nondiscrimination;
and social (or welfare‖) rights that require provision of education to all children and protections against severe poverty and starvation. Another family that might be included is group rights. The Universal Declaration does not include
group rights, but subsequent treaties do. Group rights include protections of ethnic groups against genocide and the
ownership by countries of their national territories and resources.
b) UN Covenants on Human Rights (adopted in 1966)
- Inspired by the success of the European Convention, the United Nations followed a similar path, creating treaties
aimed at the enforcement and adjudication of the rights set forth in the Universal Declaration. The task of codifying
the aspiration expressed in the Universal Declaration of Human Rights fell to the United Nations Commission of
Human Rights, a subsidiary body to the Economic and Social Council of the United Nations (ECOSOC). This body
was tasked with the requisite laws, processes and institutions that would be able to turn the promise of human rights
into an objective deliverable within the respective domestic jurisdictions of all States.
- However in the deliberations within the Commission two very different ideas of human rights began to emerge: one
which viewed human rights as a fundamental part of the liberal State, and the other which viewed human rights as
part of the obligations to be delivered upon by an interventionist State. These two polar views were represented in the
debate across the classical East-West confrontation.
 Western ideologies of rights drew heavily on the notion of civil liberties and the rights of individual freedom as
expressed in the liberal philosophies of the seventeenth and eighteenth century. Proponents schooled in this view
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were keen to restrict the role of the State in public life and to seek to regulate the extent to which the State could
intrude on personal liberties.
 On the other hand Eastern ideologies (represented in this particular discussion in the past by the Soviet Union supported by the developing countries) believed in an interventionist State with significant presence in the public
realm where economic and social rights were considered fundamental to the well-being of the population.
 The clash between these ideologies took place within the deliberations at the Commission on Human Rights and
resulted in the bifurcation of the human rights agenda into two separate Covenants on civil and political rights on
the one hand, and economic, social and cultural rights on the other.
- The Human Rights Commission submitted the two draft Covenants to the United Nations General Assembly in 1954.
The Third Committee took more than a decade to review these draft texts and the final versions were adopted by the
General Assembly in 1966, 19 years after drafting had begun. It was another decade before the Covenants come into
force in 1976. The whole process of establishing the International Bill of Rights lasted nearly 30 years in total before
completion. In addition, it took another 33 years to afford State Parties the opportunity to ratify an optional protocol
which permits individual complaints to be submitted for adjudication at the international level. The lengthy drafting
and ratifying processes are indicative of the reluctance of States to permit their sovereign powers to be curtailed by
human rights obligations.
- The fundamental problem that many Western States had with economic and social rights in particular was that they
were seen as intangible and difficult to enforce. They were thus labeled by some as ‗provision‘ rights: and for many it
was not the job of the State, but rather of the individual to ‗provide‘. It was the job of the State to ‗protect‘; but to
protect effectively, it would be necessary to have tangible rights that could be judicially enforced. The result of this
ideological split was an overt emphasis on civil and political rights to the detriment of economic, social and cultural
rights throughout the latter part of the twentieth century. The human rights movement has only recently recovered
from this narrow divisive idea of rights, and once again embraces the idea of human rights as indivisible.
c) UN Covenants on Human Rights (date of entry into force: 1976)
- The International Covenant on Civil and Political Rights entered into force on 23 March 1976, three months after the
date of deposit with the Secretary-General of the thirty-fifth instrument of ratification or accession, as provided in article 49. The first Optional Protocol to the International Covenant on Civil and Political Rights entered into force simultaneously with the Covenant, having received the minimum 10 ratifications or accessions required. The Second
Optional Protocol to the International Covenant on Civil and Political Rights, aiming at the abolition of the death penalty, entered into force on 11 July 1991, having received the minimum 10 ratifications or accessions required. The
International Covenant on Economic, Social and Cultural Rights entered into force on 3 January 1976, three months
after the date of deposit with the Secretary-General of the thirty-fifth instrument of ratification or accession, as provided in article 27.
d) UN treaties on human rights:
TABLE A: NINE ―CORE‖ UN HUMAN RIGHTS TREATIES
Treaty
International Covenant on Civil and Political Rights (ICCPR)
International Covenant on Economic, Social and Cultural Rights (ICESCR)
International Convention on the Elimination of All Forms of Racial Discrimination
(CERD)
Date Adopted
(entry into force)
1966
(1976 )
1966
(1976 )
1965
(1969)
40
States
parties
155
152
170
Monitoring body
Human Rights Committee
Committee on Economic, Social and Cultural Rights
Committee on the Elimination of Racial
Discrimination
Convention on the Elimination of All
Forms of Discrimination against Women
(CEDAW)
Convention against Torture and Other
Cruel, Inhuman or Degrading Treatment
or Punishment (CAT)
Convention on the Rights of the Child
(CRC)
International Convention on the Protection
of the Rights of All Migrant Workers and
Members of Their Families (MWC)
Convention on the Rights of Persons with
Disabilities (CRPD)
Convention for the Protection of All Persons from Enforced Disappearance (CED)
1979
(1981)
181
1984
(1984)
141
1989
(1989)
1990
(2003)
192
2006
(2008)
2006
(2010)
138
34
30
Committee on the Elimination of Discrimination
against Women
Committee against Torture
Committee on the Rights of
the Child
Committee on Migrant
Workers
Committee on the Rights of
Persons with Disability
Committee on Enforced
Disappearance
Source: United Nations Treaties Database.
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INTERNATIONAL DECLARATIONS
ON HUMAN RIGHTS
Universal Declaration of Human Rights (10 December 1948),
Declaration on the Elimination of Violence against Women (20 December 1993),
Declaration on the Right to Development (4 December 1986),
Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect
Universally Recognized Human Rights and Fundamental Freedoms (9 December 1998),
United Nations Millennium Declaration (8 September 2000).
Vienna Declaration and Programme of Action Adopted by the World Conference on Human Rights in Vienna on 25
June 1993
5. UN TREATY MECHANISM ON Human rights
a). UN Human Rights Treaty Mechanism
- In addition to the political bodies whose mandate flows from the UN charter, the UN has set up a number of treatybased bodies, comprising committees of independent experts who monitor compliance with human rights standards
and norms flowing from the core international human rights treaties (see Table A - column 4. The Civil and Political
Covenant (ICCPR), which has been ratified by more than 150 countries, illustrates this approach. Rather than creating
a human rights court, the Covenant created the Human Rights Committee to promote compliance with its norms. The
eighteen members of the HRC serve as independent experts rather than as state representatives. This potentially gives
them some independence from the positions of their governments. The ICCPR‘s Human Rights Committee frequently
expresses its views as to whether a particular practice is a human rights violation, but it is not authorized to issue legally binding decisions.
- Currently, there are nine human rights treaty bodies in function, plus the Subcommittee on Prevention of Torture
(SPT):
1. The Human Rights Committee monitoring implementation of the International Covenant on Civil and Political
Rights (1966) and its optional protocols. The eighteen members of the committee express opinions on member
countries and make judgments on individual complaints against countries which have ratified an Optional Protocol
to the treaty. The judgments, termed "views", are not legally binding. The Human Rights Committee meets three
times a year for sessions lasting three weeks, normally in March at United Nations headquarters in New York, and
41
in July and October at the United Nations Office in Geneva, Switzerland. Countries that ratified the ICCPR are obliged to report to the Committee every four years. Three to five countries are invited to present their reports at
each session. The Committee examines each report and addresses its concerns and recommendations to the country in the form of "concluding observations." The Committee also publishes its interpretation of the ICCPR provisions, in the form of General Comments on thematic issues.
2. The Economic, Social and Cultural Rights Committee which monitors implementation of the International Covenant on Economic, Social and Cultural Rights (1966) and makes general comments on ratifying countries performance. It will have the power to receive complaints against the countries that opted into the Optional Protocol
once it has come into force. It is important to note that unlike the other treaty bodies, the economic committee is
not an autonomous body responsible to the treaty parties, but directly responsible to the Economic and Social
Council and ultimately to the General Assembly. This means that the Economic Committee faces particular difficulties at its disposal only relatively "weak" means of implementation in comparison to other treaty bodies. Particular difficulties noted by commentators include: perceived vagueness of the principles of the treaty, relative lack
of legal texts and decisions, ambivalence of many states in addressing economic, social and cultural rights, comparatively few non-governmental organizations focused on the area and problems with obtaining relevant and precise
information.
3. Committee on the Elimination of Racial Discrimination monitors the implementation of the International Convention on the Elimination of All Forms of Racial Discrimination (1965) and conducts regular reviews of countries'
performance. It can make judgments on complaints against member states allowing it, but these are not legally
binding. It issues warnings to attempt to prevent serious contraventions of the convention.
4. The Committee on the Elimination of Discrimination against Women monitors implementation of the Convention
on the Elimination of All Forms of Discrimination against Women (1979) and its optional protocol (1999). It receives states' reports on their performance and comments on them, and can make judgments on complaints against
countries which have opted into the 1999 Optional Protocol.
5. The Committee against Torture monitors implementation of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment (1984) receives states' reports on their performance every four years and comments on them. Its subcommittee may visit and inspect countries which have opted into the Optional Protocol.
6. The Committee on the Rights of the Child monitors implementation of the Convention on the Rights of the Child
(1989) and its optional protocols (2000); and makes comments on reports submitted by states every five years. It
does not have the power to receive complaints.
7. The Committee on Migrant Workers (established in 2004) monitors implementation of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (1990) and makes
comments on reports submitted by states every five years. It will have the power to receive complaints of specific
violations only once ten member states allow it.
8. The Committee on the Rights of persons with Disabilities was established in 2008 to monitor the Convention on
the Rights of Persons with Disabilities. It has the power to receive complaints against the countries which have
opted into the Optional Protocol to the Convention on the Rights of Persons with Disabilities.
9. The Committee on Enforced Disappearance (CED) monitors implementation of the International Convention for
the Protection of All Persons from Enforced Disappearance (2006).
b). Reporting Procedures
- 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 is supported by the Division for
the Advancement of Women (DAW). CEDAW formerly held all its sessions at United Nations headquarters in New
42
York but now frequently meets at the United Nations Office in Geneva. Other treaty bodies meet in Geneva. The
Human Rights Committee usually holds its March session in New York City.
- A country ratifying a UN human rights treaty agrees to respect and implement within domestic law the rights the treaty covers. It also agrees to accept and respond to international scrutiny and criticism of its compliance. This is a significant form of accountability. A ratifying country does not necessarily agree to make the human rights norm ―selfexecuting‖ - that is directly enforceable in domestic courts. That often requires transforming or implementing legislation.
- The HRC is responsible for publishing ―general comments‖ regarding the interpretation of the Civil and Political Covenant, reviewing periodic state reports on implementation of the Covenant, and receiving and investigating complaints of human rights violations made by states and individuals. The Committee holds public sessions in which it
hears from non-governmental organizations and meets with representatives of the state making the report. The HRC
then publishes ―Concluding Observations‖ that evaluate human rights compliance by the reporting country. This
process requires countries to hold discussions with the Human Rights Committee and have their human rights problems exposed to world public opinion.
- The reporting procedure is useful in encouraging countries to identify their major human rights problems and to devise methods of dealing with them over time. Unfortunately, the reporting system has few teeth when dealing with
countries that stonewall or fail to report, and the Human Rights Committee's conclusions often receive little attention.
In addition to the required reporting procedure, the HRC has the authority to consider state complaints that allege
human rights violations by another member state (see Article 41). The Civil and Political Covenant also has an Optional Protocol, binding only on states that have separately ratified it, that authorizes the HRC to receive, investigate,
and mediate complaints from individuals alleging that their rights under the Covenant have been violated by a participating state. About two-thirds of the states adhering to the Covenant have ratified this Optional Protocol.
- The standard UN system for implementing human rights is not very powerful. It is stronger on the promotion of human rights than on their protection through adjudication. Unlike the regional systems in Europe and the Americas, it
does not have an international human rights court with powers to order states to change their practices or compensate
a victim. Its tools are largely limited to consciousness-raising, persuasion, mediation, and exposure of violations to
public scrutiny.
c). Consideration of State parties' reports
- When a country ratifies one of these treaties, it assumes a legal obligation to implement the rights recognized in that
treaty. But signing up is only the first step, because recognition of rights on paper is not sufficient to guarantee that
they will be enjoyed in practice. So the country incurs an additional obligation to submit regular reports to the monitoring committee set up under that treaty on how the rights are being implemented. This system of human rights monitoring is common to most of the UN human rights treaties.
- To meet their reporting obligation, States must report submit an initial report usually one year after joining, and then
periodically in accordance with the provisions of the treaty (usually every four or five years). In addition to the government report, the treaty bodies may receive information on a country‘s human rights situation from other sources,
including non-governmental organizations, UN agencies, other intergovernmental organizations, academic institutions and the press. In the light of all the information available, the Committee examines the report together with government representatives. Based on this dialogue, the Committee publishes its concerns and recommendations, referred
to as ―concluding observations‖. The Committees also publish their interpretation of the content of human rights provisions, known as general comments on thematic issues or methods of work.
d). Consideration of individual complaints or communications
- In addition to the reporting procedure, some of the treaty bodies may perform additional monitoring functions
through three other mechanisms: the inquiry procedure, the examination of inter-state complaints and the examination
43
of individual complaints. Four of the Committees (CCPR, CERD, CAT and CEDAW) can, under certain conditions,
receive petitions from individuals who claim that their rights under the treaties have been violated.
Chapter IV
INTERNATIONAL HUMANITARIAN LAW, INTERNATIONAL CRIMINAL COURT,
REGIONAL AND NATIONAL SYSTEMS ON HUMAN RIGHTS PROTECTION
- Efforts to protect human rights through international treaties began in 1919 in the League of Nations and expanded
after World War II under the UN. Since 1948, an elaborate body of international human rights has developed through
state practice, the work of international courts, and multilateral treaty making. Dozens of human rights treaties are
now operative within organizations such as the United Nations, the Council of Europe, and the African Union. Some
of these treaties have been ratified by more than three-quarters of the world's countries. The international promotion
and protection of human rights complements the legal protection of human rights at the national level.
I. INTERNATIONAL HUMANITARIAN LAW
1. Relationship
- International Humanitarian law has rather closed link with international human rights law focusing on protecting
people in the armed conflicts. Modern International Humanitarian Law is made up of two historical streams: The Law
of The Hague which "determines the rights and duties of belligerents in the conduct of operations and limits the
choice of means in doing harm‖. In particular, it concerns itself with the definition of combatants, establishes rules
relating to the means and methods of warfare, and examines the issue of military objectives. The Law of Geneva is
directly inspired by the principle of humanity. It relates to those who are not participating in the conflict as well as
military personnel hors de combat. It provides the legal basis for protection and humanitarian assistance carried out
by impartial humanitarian organizations such as the ICRC. This focus can be found in the Geneva Conventions:
 First Convention "for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field" (first
adopted in 1864, last revision in 1949)
 Second Convention "for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed
Forces at Sea" (first adopted in 1949, successor of the 1907 Hague Convention X)
 Third Convention "relative to the Treatment of Prisoners of War" (first adopted in 1929, last revision in 1949)
 Fourth Convention "relative to the Protection of Civilian Persons in Time of War" (first adopted in 1949, based on
parts of the 1907 Hague Convention IV)
In addition, there are 3 additional protocols to the Geneva Conventions:
 Protocol I (1977): Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection
of Victims of International Armed Conflicts.
 Protocol II (1977): Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection
of Victims of Non-International Armed Conflicts.
 Protocol III (2005): Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Adoption
of an Additional Distinctive Emblem.
2. Substantive Contents of International Humanitarian Law:
- International humanitarian law (the laws of war) imposes upon parties to an armed conflict the legal obligations to reduce unnecessary suffering and protect civilians and other non-combatants. All armed forces involved in a conflict,
including non-state armed groups, must abide by international humanitarian law. Individuals who violate humanitarian law with criminal intent can be prosecuted in domestic or international courts for war crimes.
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- International humanitarian law places restrictions on methods of warfare and prohibits the use of weapons which: (a)
cause superfluous injury or unnecessary suffering; (b) cause severe or long-term damage to the environment. Humanitarian law has therefore banned the use of many weapons, including exploding bullets, chemical and biological
weapons, blinding laser weapons and anti-personnel mines.
- Humanitarian law requires that the parties to a conflict take constant care during military operations to spare the civilian population and to "take all feasible precautions" to avoid or minimize the incidental loss of civilian life and damage to civilian objects. These precautions include: doing everything feasible to verify that the objects of attack are
military objectives and not civilians or civilian objects; giving "effective advance warning" of attacks when circumstances permit; avoiding locating military objectives near densely populated areas; and endeavoring to remove a civilian population from the vicinity of military objectives.
- Humanitarian law prohibits indiscriminate attacks. Indiscriminate attacks are of a nature to strike military objectives
and civilians or civilian objects without distinction. The fundamental tenets of this law are "civilian immunity" and
"distinction." These tenets impose a duty at all times during the conflict to distinguish between combatants and civilians, and to target only combatants. Also protected are civilian objects, which are defined as anything not considered
a military objective. Prohibited are direct attacks against civilian objects, such as homes, businesses, and apartments,
places of worship, hospitals, schools, and cultural monuments-unless they are being used for military purposes.
- Examples of indiscriminate attacks are those that are not directed at a specific military objective or that use weapons
that cannot be directed at a specific military objective. Prohibited indiscriminate attacks include area bombardment,
which are attacks by artillery or other means that treat as a single military objective a number of clearly separated and
distinct military objectives located in an area containing a concentration of civilians and civilian objects. Also prohibited are attacks that violate the principle of proportionality. Disproportionate attacks are those that are expected to
cause incidental loss of civilian life or damage to civilian objects that would be excessive in relation to the concrete
and direct military advantage anticipated from the attack.
- Humanitarian law does not regulate whether states and armed groups can engage in armed conflict, but rather how they engage in hostilities. The laws of war do not prohibit the existence of insurgent groups or their attacks
on legitimate military targets. Rather, the law places restrictions on the means and methods of warfare, and imposes
upon regular armies and insurgent forces alike a duty to protect civilians and captured combatants, and to minimize
harm to civilians and civilian objects during military operations. International law relating to the conduct of hostilities
is now recognized as largely the same whether it is applied to an international or a non-international armed conflict.
- International humanitarian law prohibits belligerents from using civilians to shield military objectives or operations
from attack. "Shielding" refers to purposefully using the presence of civilians to render military forces or areas immune from attack. Taking over a family's home and not permitting the family to leave for safety so as to deter the
enemy from attacking is a simple example of using "human shields." Violations of the laws of war by one side to a
conflict do not justify violations by the opposing side. For example, the unlawful deployment of insurgent forces in
densely populated areas does not permit the indiscriminate or disproportionate use of force by the government in response.
- Finally, humanitarian law requires the humane treatment of civilians and captured combatants. It prohibits violence to
life and person, particularly murder, mutilation, cruel treatment, and torture. These categories of people are entitled to
respect for their lives and for their physical and mental integrity. They also enjoy legal guarantees and must be protected and treated humanely in all circumstances, with no adverse distinction. More specifically: it is forbidden to kill
or wound an enemy who surrenders or is unable to fight; the sick and wounded must be collected and cared for by the
party in whose power they find themselves. Medical personnel, supplies, hospitals and ambulances must all be protected. It is also unlawful to commit rape and other sexual violence; targeted killings of civilians, including government officials and police, who are not participating in the armed conflict; and engage in pillage and looting. There
are also detailed rules governing the conditions of detention for prisoners of war and the way in which civilians are to
be treated when under the authority of an enemy power. This includes the provision of food, shelter and medical care,
and the right to exchange messages with their families.
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- Individual person(s) in serious violations of international humanitarian law (which includes deliberate, indiscriminate,
and disproportionate attacks harming civilians) are considered war crimes. The Commanders and civilian leaders may
be prosecuted for war crimes as a matter of commanding responsibility when they knew or should have known about
the commission of war crimes and took insufficient measures to prevent them or punish those responsible.
II. INTERNATIONAL CRIMINAL COURT
- The International Criminal Court (ICC) was created in 1998 when 120 States adopted the Rome Statute of the International Criminal Court setting forth the jurisdiction and functions of the Court. This treaty came into force in 2002.
In the following year the member states adopted Rules of Procedure and Evidence, Elements of Crimes, an Agreement on Privileges and Immunities, and elected the Court's 18 judges (McGoldrick et al. 2004). The ICC is designed
to prevent impunity for human rights crimes, genocide, war crimes, and crimes against humanity. The ICC was based
on the models and experience of the Nuremberg Tribunal, the International Tribunal for the Former Yugoslavia, and
the International Criminal Tribunal for Rwanda.
- The ICC has a prosecutor who receives petitions, conducts investigations, and prosecutes grave international crimes
(Articles 34, 42). The Prosecutor may accept referrals made by State Parties or by the UN Security Council, and also
accept information about crimes from individuals and non-governmental organizations.
- The ICC operates as a backup system to efforts at the national level to prosecute war crimes and human rights violations. Under the doctrine of complementarily, the Court's jurisdiction comes into play only when a country is unwilling or unable to make a good faith effort to prosecute and convict violators. A person alleged to have committed a
crime under the ICC Statute whose country is unwilling or unable to prosecute him or her falls under the jurisdiction
of the ICC if (1) the country of which the accused is a citizen is a party to the Statute, or has authorized the jurisdiction of the court in the matter; (2) the country in whose territory the accused allegedly committed the crime is a party
to the Statute, or has authorized the jurisdiction of the court in the matter, or (3) the crime the accused allegedly
committed is referred to the Court by the Security Council.
- Court's jurisdiction is limited to ―the most serious crimes of concern to the international community as a whole‖
(Rome Statute, Article 1). The Statute identifies four crimes over which the ICC may exercise jurisdiction: (1) genocide; (2) crimes against humanity; (3) war crimes; and (4) the crime of aggression against another state. The ICC may
not, however, exercise jurisdiction over crimes of aggression until success has been achieved in defining this crime
(Article 5.2). As of 2010, 111 countries have ratified the ICC. Prominent countries that have not joined include China, India, Russia and the USA. No Mid-Eastern country except Jordan has ratified.
III. REGIONAL HUMAN RIGHTS REGIMES
- International human rights regimes are in several cases "nested" within more comprehensive and overlapping regional
agreements. These regional regimes can be seen as relatively independently coherent human rights subregimes. Three principle regional human rights instruments can be identified, the African Charter on Human and
Peoples‘ Rights, the American Convention on Human Rights (the Americas) and the European Convention on Human
Rights. The European Convention on Human Rights has since 1950 defined and guaranteed human rights and fundamental freedoms in Europe. All 47 member states of the Council of Europe have signed the Convention and are
therefore under the jurisdiction of the European Court of Human Rights in Strasbourg.
- Regional arrangements supplement the UN system by promoting and protecting human rights in particular parts of
the world. Three regions - Europe, the Americas, and Africa - have formulated their own declarations and conventions for the protection and enforcement of human rights. Because of their locations, regional agencies and courts
have better chances of effectively investigating alleged violations promptly and securing relief for victims. Regional
agencies are also likely to be more attuned to the culture and identity of the region and may accordingly have a deeper understanding of problems, circumstances, and possible reforms.
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I). The European System
- Beginning in the mid-1950s, the European Court of Human Rights, established under the European Convention for
the Protection of Human Rights, showed the world that it was possible to adjudicate and enforce human rights at the
international level. Article 3 of the Statue of the Council of Europe requires member states to accept the principles of
human rights and fundamental freedoms within their jurisdictions. During its 57 year history, membership in the
Council of Europe has more than doubled - currently the Council has nearly 50 member states, about 20 of which are
Central or Eastern European states. The European Convention formulates human rights norms, legally binds member
states to respect these norms, and creates a system of adjudication and enforcement. The European Convention's
commitment clause requires all member states to secure these fundamental rights to every person within their jurisdictions. The first section of the European Convention then sets forth the fundamental rights covered in the convention, while the second section establishes the European Court of Human Rights.
- The rights set forth in the European Convention are similar to the first twenty-one articles of the Universal Declaration, covering standard civil and political rights. Social rights were treated in a separate document, the European Social Charter. The European Convention defines its rights in greater detail than the Universal Declaration.
- The European system originally had both a Commission and a Human Rights Court to ensure that member states fulfilled their human rights obligations. In 1998, the European Convention was amended to abolish the Commission, expand and reorganize the Court, and make the Court a full-time operation. Countries that ratify the European Convention agree to respect and implement a list of rights, but they also agree to the investigation, mediation, and adjudication of human rights complaints. The European Court of Human Rights, based in Strasbourg, France, is composed of
one judge from each participating state in the Council of Europe. The judges, however, are appointed as independent
jurists rather than as state representatives.
- Citizens from the participating countries with human rights complaints who have been unable to find a remedy in
their national courts may petition the European Court of Human Rights. Complaints by governments about human
rights violations in another participating country are also permitted, but are rarely made. If the Court agrees to hear a
complaint, it investigates and adjudicates it. Before issuing a judgment, the Court attempts to mediate the dispute. If
conciliation fails, the Court will issue a judgment with supporting judicial opinions and impose a remedy. Through
this process a large body of international human rights jurisprudence has developed (Jacobs and White 1996; Janis,
Kay and Bradley 1995). The Court currently has a very large backlog of cases. In 2004 reforms were implemented to
address this problem (see the 2004 amendment, Protocol 14).
- Participating governments almost always accept the Court's judgments. Compliance occurs because governments are
committed to the European Convention and to the rule of law, and because their membership in good standing in the
Council of Europe would be endangered were they to defy the Court.
ii). Inter-American System
- The Organization of American States (OAS) is the oldest regional organization of states. In 1948, 21 states signed the
OAS Charter, establishing the regional organization and affirming their commitment to democracy, liberty, and
equality before the law. Article 3 of the OAS Charter recognizes the ―fundamental rights of the individual without
distinction as to race, nationality, creed, or sex.‖ The Inter-American system has two main documents, the American
Declaration of the Rights and Duties of Man and the American Convention on Human Rights; and two main treaty
bodies, the Inter-American Commission on Human Rights and the Inter-American Court of Human Rights.
- Even before the UN adopted the Universal Declaration, the Organization of American States approved the American
Declaration (1948). Like the Universal Declaration, the American Declaration encompasses the entire range of human
rights. Additionally, the declaration includes an explicit list of duties, ranging from general duties toward society and
one's children, to an individual's duty to vote, work, and pay taxes (Articles 29–38).
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- Despite its early beginnings, the Inter-American system of human rights progressed more slowly than its counterparts. Not until 1969 did the OAS adopt the American Convention on Human Rights, which entered into force in June
of 1978. The Convention gave legal force to most of the rights established in the American Declaration with a commitment clause requiring states to adopt legislative or other measures necessary for full implementation of these
rights. The Convention does not cover social rights. Those were subsequently added by the Protocol of San Salvador (1988).
- The Inter-American Commission on Human Rights was established in 1959 and conducted its first investigation in
1961. The Commission is the first of two permanent bodies for promoting and protecting human rights in the Americas and consists of seven members elected by the OAS General Assembly who serve in their personal capacities. The
Commission's main functions include investigating individual complaints and preparing reports on countries with severe human rights problems. To this end the Commission is authorized to:
 Receive and investigate individual petitions regarding human rights violations
 Publish reports regarding human rights situations in member states
 Visit member states and investigate general human rights conditions or particular problem areas
 Publish studies on specific subject areas, such as indigenous rights and women's rights
 Make human rights recommendations to member states
 Submit cases to, or request advisory opinions from the Inter-American Court of Human Rights.
- In 1979 the OAS adopted the Statute of the Inter-American Court of Human Rights, officially creating the InterAmerican Court and defining its jurisdiction. The Court is authorized to interpret and enforce the Convention (Davidson 1997). The Court is composed of seven judges who serve a six year term as individuals rather than as government
representatives. The Court's jurisdiction is limited to cases submitted to it by the Inter-American Commission on
Human Rights or by the member states. The Court generally holds public hearings and delivers decisions in public
sessions. Historically, the Commission was a more important actor than the Court in the implementation of the American Convention (Farer 1997). This seems to be changing, however, as the Court plays an increasingly active and central role.
iii). The African System.
- The African Charter of Human and Peoples‘ Rights was created within the Organization of African Unity in 1981,
entering into force in 1986. In 2000 the Organization of African Unity transformed itself into the Africa Union.
The Constitutive Act, whereby this was accomplished, reaffirmed Africa's determination ―to promote and protect human and peoples' rights‖. As of 2010 the African Union has 50 members in good standing.
- The African Charter obligates ratifying countries to recognize the rights and duties listed and to adopt legislation or
measures to bring them into effect (Article 2). The Charter is divided into two parts. The first part sets forth rights and
duties and the second part establishes safeguards for them. Like the American Convention on Human Rights, the
African Charter sets out not only rights but also duties of individuals (Articles 27–29). These individual duties, included perhaps to counter claims that human rights promote excessive individualism, are directed to family, society,
state, and the international community.
- The African Charter explicitly posits group rights - the rights of peoples. Examples of such rights include the right of
a group to freely dispose of its natural resources in the exclusive interest of its members (Article 21), and the right of
a colonized or oppressed group to free themselves from domination (Article 20).
- The Charter created an African Commission on Human and Peoples' Rights to promote and ensure the protection of
human and peoples' rights in Africa (Article 30). The Commission meets twice a year and consists of eleven members
of the African community who serve six year terms in their personal capacities. The functions of the Commission are
the promotion of human rights, the protection of these rights, interpretation of the African Charter, and the performance of ―any other tasks‖ requested by the AU (Article 45). The Commission is also authorized to perform studies
regarding problems in the area of human rights; formulate rules addressing human rights problems; investigate alleged human rights violations; prepare reports discussing human rights abuses; and make recommendations to the AU
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Assembly (Articles 45–54). Furthermore, states are required to submit regular reports to the Commission on their
human rights problems and efforts to address them (Article 62).
- The African Court of Human and Peoples‘ Rights is now in operation in Arusha, Tanzania. The first election of its
eleven judges occurred in 2006. The judges serve six-year terms and are permitted to serve two terms. The Court issued its first judgment concerning admissibility in 2009. The African system has enormous human rights problems to
address, frequently faces non-cooperation by governments, and has inadequate resources (Evans and Murray 2002).
But despite these problems the African Union seems to be slowly constructing international mechanisms to promote
and protect human rights in Africa.
iii) Other Regions
- Large areas of the world lack functioning regional human rights systems (although they are, of course, covered by the
worldwide UN system). No regional system exists in Asia, although the members of Association of Southeast Asian
Nations (ASEAN) created in 2009 an Intergovernmental Commission on Human Rights. The Arab League has
an Arab Charter of Human Rights but it has received no ratification despite its adoption more than a decade ago.
V. STATES AND DOMESTIC LAWS
- The human rights system is also embedded within domestic law: domestic law is seen as the ultimate guarantor of the
rights articulated, with some residual, perhaps remedial role for international law. Article 56 of the UN Charter obligates member states to take ―joint and separate action‖ to promote observance of human rights and fundamental freedoms for all. Within a country, means of promoting international human rights include incorporating international
norms into a state's constitution and criminal law; creating limits on federalism; and, promoting human rights through
propaganda and education.
- Perhaps the most basic method is enforcement through law at the national level. For example, to comply with the Genocide Convention a country must make genocide a crime within its own legal system. Much international law is obeyed because its norms have been incorporated into the legal systems of countries. Since the end of the Cold War,
numerous states have formulated new or revised constitutions that include human rights.
VI. HUMAN RIGHTS VIOLATIONS
- Human rights violations occur when actions by state or non-state actors‘ abuse, ignore, or deny basic human rights
(including civil, political, cultural, social, and economic rights). Furthermore, violations of human rights can occur
when any state or non-state actor breaches any part of the UDHR or other international human rights or humanitarian
law. In regard to human rights violations, Article 39 of the UN Charter designates the UN Security Council (or an appointed authority) as the only tribunal that may determine UN human rights violations. Wars of aggression, war
crimes against humanity, including genocide, are breaches of breach of international law on human rights and
represent the most serious of human rights violations.
- Human rights abuses are monitored by United Nations committees, national institutions and governments and by
many independent non-governmental organizations. These organizations collect evidence and documentation of alleged human rights abuses and apply pressure to enforce human rights laws. In efforts to eliminate violations of human rights, building awareness and protesting inhumane treatment has often led to calls for action and sometimes improved conditions. The UN Security Council has interceded with peace keeping forces, and other states and treaties
(NATO) have intervened in situations to protect human rights.
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Chapter V
CIVIL AND POLITICAL RIGHTS
I. GENERAL CONCEPT
1. Classification:
- Civil and political rights are a class of rights based upon birthrights into a polity of human rights. They ensure a citizen's ability to fully participate in the civil and political life of the state without discrimination or repression, and protect the freedom of classes of persons and individuals from unwarranted infringement into those rights by governments, private organizations, and other entities.
- Civil and political rights form the original and main part of international human rights. These rights are familiar from
historic bills of rights such as the French Declaration of the Rights of Man and the Citizen (1789) and the US Bill of
Rights (1791, with subsequent amendments). Contemporary sources include the first 21 Articles of the Universal
Declaration, and such treaties as the European Convention, the International Covenant on Civil and Political Rights,
the American Convention on Human Rights and the African Charter on Human and Peoples‘ Rights.
- Political rights include natural justice (procedural fairness) in law, such as the rights of the accused, including
the right to a fair trial; due process; the right to seek redress or a legal remedy; and rights of participation in civil society and politics such as freedom of association, the right to assemble, the right to petition, the right of self-defense,
and the right to vote.
- Civil rights include the ensuring of peoples' physical and mental integrity, life and safety; protection from discrimination on grounds such as physical or mental disability, gender, religion, race, national origin, age, status as a member
of the uniformed services, sexual orientation, or gender identity; and individual rights such as privacy, the freedoms
of thought and conscience, freedom of speech and expression, freedom of religion, freedom of the press, and freedom
of movement.
- The phrase "civil rights" is a translation of Latin is civic (rights of citizens). Roman citizens could be either free (libertas) or servile (servitus), but they all had rights in law. After the Edict of the Milan in 313, these rights included
the freedom of religion. Roman legal doctrine was lost during the Middle Ages, but claims of universal rights could
still be made based on religious doctrine. In the 17th century, English common law judge Sir Edward Coke revived
the idea of rights based on citizenship by arguing that Englishmen had historically enjoyed such rights.
2. Representative characters:
- Civil and political rights contain some representative features:
 First, they are political norms that primarily impose responsibilities on governments and international organizations.
 Second, they are minimal norms in that they protect against the worst things that happen in political society rather
than setting out standards of excellence in government.
 Third, they are international norms establishing standards for all countries and they have been accepted by the
world's countries.
 Fourth, it is plausible to make claims of high priority on their behalf, and to support these claims of importance
with strong reasons.
- Consider the right to freedom of movement. One approach to justifying this right and its high priority would argue the
indispensability of free movement to being able to find the necessities of life, to pursuing plans, projects, and commitments, and to maintaining ties to family and friends. A related approach argues that it is impossible to make use of
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other human rights if one cannot move freely. The right to political participation is undermined if a person is not
permitted to go to political rallies or to the polls.
3. International Covenant on Civil and Political Rights (ICCPR)
- The ICCPR was adopted by the U.N. General Assembly in 1966 but only entered into force 10 years later. As of August 2012, 167 countries have ratified the ICCPR. The ICCPR echoed many of the Universal Declaration's original
provisions. Along with the Covenant on Economic, Social and Cultural Rights, which came into force at the same
time, the ICCPR is designed to constitute a detailed codification of human rights. States parties to the ICCPR undertake to implement a long list of rights provisions. Main rights protected by the ICCPR include:
 The right to self-determination (Art.1)
 Right to life (Article 6);
 Prohibition of torture or cruel, inhuman or degrading treatment (Article 7);
 Ban of slavery, slave-trade and forced labor (Article 8);
 Right to liberty and security of person, to freedom of movement including moving out of one‘s own country,
and prohibition of arbitrary arrest or detention (Article 9);
 The right to fair & equal treatment before the courts and tribunals (Article 14);
 The right to freedom of thought, conscience and religion, prohibition of retroactive criminal legislation (Art
15),
 The right to privacy (Art 17)
 Right to freedom of thought, conscience and religion (Article 18);
 Right to peaceful assembly (Article 21);
 Cultural rights of ethnic, religious or linguistic minorities (Article 27).
- In addition, article 26 of the ICCPR provides that all people are equal before the law, and that the law shall guarantee
equal and effective protection against discrimination. The Covenant went even further in some cases, outlawing torture and degrading punishment for all ratifying states, and establishing a committee to whom parties of the treaty
would have to report.
- On becoming a party to the ICCPR a state is automatically bound to submit periodic reports, usually every five years,
to a Human Rights Committee established under the Covenant (Art 40). The purpose of the reports is for each state to
report on the measures it has adopted to give effects to the rights recognized by the ICCPR. Furthermore, the Covenant also lists specific activities that states must undertake as a means of safeguarding civil and political rights. For
example, states bound by the Covenant's term are required to provide appropriate counsel to anyone charged with a
crime who cannot afford representation of their own. It is just one of many civil and political rights enunciated in the
Covenant.
- There is also a complaints procedure by which parties to the ICCPR may complain of non-compliance by another
state, as long as both the states concerned have recognized the competence of the Committee to receive these complaints (Art 41). As of March 2007, 49 states had made optional declarations under Article 41.
- The Covenant's provisions clearly reflect the democratic emphasis on political rights, which is what the General Assembly had intended when it took up the matter in 1951. The United States continued to resist ratification of the
ICCPR from 1966 up to 1992. This was motivated largely out of a popular American dislike for the UN, but also out
of a fear that the Covenant's anti-death penalty language could be used by domestic anti-death-penalty activists to litigate against capital punishment. As a result, it was only in 1992 that the U.S. finally ratified the Covenant on Civil
and Political Rights, but even then it was accomplished with so many attached reservations that its implementation
would have little domestic effect.
II. SUBSTANTIVE PROVISIONS OF THE ICCPR
Article 1: The Right to Self-Determination
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1. All peoples have the right of self-determination. By virtue of that right they freely determine their political status
and freely pursue their economic, social and cultural development.
2. All peoples may, for their own ends, freely dispose of their natural wealth and resources without prejudice to any
obligations arising out of international economic co-operation, based upon the principle of mutual benefit, and international law. In no case may a people be deprived of its own means of subsistence.
3. The States Parties to the present Covenant, including those having responsibility for the administration of NonSelf-Governing and Trust Territories, shall promote the realization of the right of self-determination, and shall respect
that right, in conformity with the provisions of the Charter of the United Nations
Legal content of Self-determination
- This ‗right‘ framed in the same language in the two Covenants, is one of the most controversial of human rights, encompassing civil and political rights and also economic, social and cultural rights. Essentially the Covenant suggests,
in the words of Article 1(1) that ‗All Peoples have the right to Self-determination‘. It goes on to articulate that this
right basically entails a people to make deliberative decisions over their civil, political, economic, social and cultural
future. The second part of the article posits that no people may be deprived of the means to their livelihood, while the
third part [Article 1(3)] imposes a duty for the realization of the right to self-determination on all States including
those with Non-Self-Governing and Trust Territories. The article, framed in the context of United Nations decolonization, is aimed at furthering that process and ensuring that the States emerging from it possess the full capability and
political independence to adopt appropriate human rights standards as contained in the rest of the document.
- However in using the term ‗peoples‘ the Covenants entered into a long-ranging discussion, namely ‗who‘ are the
peoples. The travaux preparatoires to the Covenant clearly indicates that ‗people‘ in this context is to be interpreted as
a ‗colonial people‘ whereby colonialism was understood as the classical European domination over non-European
populations on other continents. This view has been implicitly verified by the Human Rights Committee, though
many groups around the world seek to be accepted as ‗people‘ with the right to self-determination.
- In terms of public international law self-determination is identified as consisting of any one of three options: a) integration with an existing State, b) free association with an existing State or c) secession from an existing State to form
an independent State. Many groups see option c) as the only justifiable option and to that extent look to the Covenant
to provide moral support for their cause of ‗national‘ liberation. Against this, the view of the Human Rights Committee is clear: it interprets ‗people‘ narrowly, has in the past, failed to find individual petitions under this right eligible
on the grounds that it is a collective and not an individual rights, and where it does entertain petitions is concerned
more about the ‗subsistence‘ of grounds such as indigenous peoples whose lands and livelihoods may be under threat
Article 2: Obligation to Implement the Provisions of the Covenant
1. Each State Party to the present Covenant undertakes to respect and to ensure to all individuals within its territory
and subject to its jurisdiction the rights recognized in the present Covenant, without distinction of any kind, such as
race, color, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.
2. Where not already provided for by existing legislative or other measures, each State Party to the present Covenant
undertakes to take the necessary steps, in accordance with its constitutional processes and with the provisions of the
present Covenant, to adopt such laws or other measures as may be necessary to give effect to the rights recognized in
the present Covenant.
3. Each State Party to the present Covenant undertakes:
 To ensure that any person whose rights or freedoms as herein recognized are violated shall have an effective remedy, notwithstanding that the violation has been committed by persons acting in an official capacity;
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 To ensure that any person claiming such a remedy shall have his right thereto determined by competent judicial,
administrative or legislative authorities, or by any other competent authority provided for by the legal system of
the State, and to develop the possibilities of judicial remedy;
 To ensure that the competent authorities shall enforce such remedies when granted.
- Note: Most civil and political rights are not absolute - they are in some cases overridden by other considerations and
rightly set aside in those cases. For example, some civil and political rights can be restricted by public and private
property rights, by restraining orders related to domestic violence, and by legal punishments. Further, after a disaster
such as a hurricane or earthquake free movement is often appropriately suspended to keep out the curious, to permit
access of emergency vehicles and equipment, and to prevent looting. The International Covenant on Civil and Political Rights permits rights to be suspended during times ―of public emergency which threatens the life of the nation‖
(Article 4). But it excludes some rights from suspension including the right to life, the prohibition of torture, the prohibition of slavery, the prohibition of ex post facto criminal laws, and freedom of thought and religion.
Article 3: Equal Right of Men and Women to the Enjoyment of all Civil and Political Rights
- The States Parties to the present Covenant undertake to ensure the equal right of men and women to the enjoyment of
all civil and political rights set forth in the present Covenant (Reference to be made to the Convention on the Elimination of All Forms of Discrimination against Women of 1979, and its Optional Protocol of 1999).
Article 4: Limited Rights of Derogation
1. In time of public emergency which threatens the life of the nation and the existence of which is officially proclaimed, the States Parties to the present Covenant may take measures derogating from their obligations under the
present Covenant to the extent strictly required by the exigencies of the situation, provided that such measures are not
inconsistent with their other obligations under international law and do not involve discrimination solely on the
ground of race, color, sex, language, religion or social origin.
2. No derogation from articles 6, 7, 8 (paragraphs I and 2), 11, 15, 16 and 18 may be made under this provision.
3. Any State Party to the present Covenant availing itself of the right of derogation shall immediately inform the other
States Parties to the present Covenant, through the intermediary of the Secretary-General of the United Nations, of
the provisions from which it has derogated and of the reasons by which it was actuated. A further communication
shall be made, through the same intermediary, on the date on which it terminates such derogation.
Article 5: Limited Rights of Derogation
1. Nothing in the present Covenant may be interpreted as implying for any State, group or person any right to engage
in any activity or perform any act aimed at the destruction of any of the rights and freedoms recognized herein or at
their limitation to a greater extent than is provided for in the present Covenant.
2. There shall be no restriction upon or derogation from any of the fundamental human rights recognized or existing
in any State Party to the present Covenant pursuant to law, conventions, regulations or custom on the pretext that the
present Covenant does not recognize such rights or that it recognizes them to a lesser extent.
Article 6: The Right to Life
1. Every human being has the inherent right to life. This right shall be protected by law. No one shall be arbitrarily
deprived of his life.
2. In countries which have not abolished the death penalty, sentence of death may be imposed only for the most serious crimes in accordance with the law in force at the time of the commission of the crime and not contrary to the
provisions of the present Covenant and to the Convention on the Prevention and Punishment of the Crime of Genocide. This penalty can only be carried out pursuant to a final judgment rendered by a competent court.
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3. When deprivation of life constitutes the crime of genocide, it is understood that nothing in this article shall authorize any State Party to the present Covenant to derogate in any way from any obligation assumed under the provisions
of the Convention on the Prevention and Punishment of the Crime of Genocide.
4. Anyone sentenced to death shall have the right to seek pardon or commutation of the sentence. Amnesty, pardon or
commutation of the sentence of death may be granted in all cases.
5. Sentence of death shall not be imposed for crimes committed by persons below eighteen years of age and shall not
be carried out on pregnant women.
6. Nothing in this article shall be invoked to delay or to prevent the abolition of capital punishment by any State Party
to the present Covenant.
Article 7: The Right to Freedom from Torture or Cruel, Inhuman or Degrading Treatment or Punishment
- No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment. In particular, no one
shall be subjected without his free consent to medical or scientific experimentation.
Article 8: The Right to Freedom from Slavery
1. No one shall be held in slavery; slavery and the slave-trade in all their forms shall be prohibited.
2. No one shall be held in servitude.
 (a) No one shall be required to perform forced or compulsory labor;
 (b) Subparagraph (a) shall not be held to preclude, in countries where imprisonment with hard labor may be
imposed as a punishment for a crime, the performance of hard labor in pursuance of a sentence to such punishment by a competent court;
 (c) For the purpose of this paragraph the term ―forced or compulsory labor‖ shall not include:
- Any work or service, not referred to in subparagraph (b), normally required of a person who is under detention in consequence of a lawful order of a court, or of a person during conditional release from such detention;
- Any service of a military character and, in countries where conscientious objection is recognized, any national
service required by law of conscientious objectors;
- Any service exacted in cases of emergency or calamity threatening the life or well-being of the community;
- Any work or service which forms part of normal civil obligations.
Article 9: The Right to Liberty and Security of the Person
1. Everyone has the right to liberty and security of person. No one shall be subjected to arbitrary arrest or detention. No
one shall be deprived of his liberty except on such grounds and in accordance with such procedure as are established
by law.
2. Anyone who is arrested shall be informed, at the time of arrest, of the reasons for his arrest and shall be promptly informed of any charges against him.
3. Anyone arrested or detained on a criminal charge shall be brought promptly before a judge or other officer authorized
by law to exercise judicial power and shall be entitled to trial within a reasonable time or to release. It shall not be the
general rule that persons awaiting trial shall be detained in custody, but release may be subject to guarantees to appear
for trial, at any other stage of the judicial proceedings, and, should occasion arise, for execution of the judgment.
4. Anyone who is deprived of his liberty by arrest or detention shall be entitled to take proceedings before a court, in order that that court may decide without delay on the lawfulness of his detention and order his release if the detention is
not lawful.
5. Anyone who has been the victim of unlawful arrest or detention shall have an enforceable right to compensation.
Article 10: The Rights of Prisoners
- All persons deprived of their liberty shall be treated with humanity and with respect for the inherent dignity of the
human person:
 (a) Accused persons shall, save in exceptional circumstances, be segregated from convicted persons and shall be
subject to separate treatment appropriate to their status as un-convicted persons;
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 (b) Accused juvenile persons shall be separated from adults and brought as speedily as possible for adjudication.
- The penitentiary system shall comprise treatment of prisoners the essential aim of which shall be their reformation
and social rehabilitation. Juvenile offenders shall be segregated from adults and be accorded treatment appropriate to
their age and legal status.
Article 11: The Right not to be imprisoned for Failure to Fulfill a Contractual Obligation
- No one shall be imprisoned merely on the ground of inability to fulfill a contractual obligation.
Article 12: The Right to Freedom of Movement
1. Everyone lawfully within the territory of a State shall, within that territory, have the right to liberty of movement and
freedom to choose his residence.
2. Everyone shall be free to leave any country, including his own.
3. The above-mentioned rights shall not be subject to any restrictions except those which are provided by law, are necessary to protect national security, public order (ordre public), public health or morals or the rights and freedoms of
others, and are consistent with the other rights recognized in the present Covenant.
4. No one shall be arbitrarily deprived of the right to enter his own country.
Article 13: The Rights of Aliens
- An alien lawfully in the territory of a State Party to the present Covenant may be expelled there from only in pursuance of a decision reached in accordance with law and shall, except where compelling reasons of national security
otherwise require, be allowed to submit the reasons against his expulsion and to have his case reviewed by, and be
represented for the purpose before, the competent authority or a person or persons especially designated by the competent authority.
Article 14: The Right to Fair and Equal Treatment before the Law
1. All persons shall be equal before the courts and tribunals. In the determination of any criminal charge against him, or
of his rights and obligations in a suit at law, everyone shall be entitled to a fair and public hearing by a competent, independent and impartial tribunal established by law. The press and the public may be excluded from all or part of a
trial for reasons of morals, public order (ordre public) or national security in a democratic society, or when the interest of the private lives of the parties so requires, or to the extent strictly necessary in the opinion of the court in special circumstances where publicity would prejudice the interests of justice; but any judgment rendered in a criminal
case or in a suit at law shall be made public except where the interest of juvenile persons otherwise requires or the
proceedings concern matrimonial disputes or the guardianship of children.
2. Everyone charged with a criminal offence shall have the right to be presumed innocent until proved guilty according
to law.
3. In the determination of any criminal charge against him, everyone shall be entitled to the following minimum guarantees, in full equality:
 To be informed promptly and in detail in a language which he understands of the nature and cause of the
charge against him;
 To have adequate time and facilities for the preparation of his defense and to communicate with counsel of his
own choosing;
 To be tried without undue delay;
 To be tried in his presence, and to defend himself in person or through legal assistance of his own choosing; to
be informed, if he does not have legal assistance, of this right; and to have legal assistance assigned to him, in
any case where the interests of justice so require, and without payment by him in any such case if he does not
have sufficient means to pay for it;
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 To examine, or have examined, the witnesses against him and to obtain the attendance and examination of witnesses on his behalf under the same conditions as witnesses against him;
 To have the free assistance of an interpreter if he cannot understand or speak the language used in court;
 Not to be compelled to testify against himself or to confess guilt.
4. In the case of juvenile persons, the procedure shall take account of their age and the desirability of promoting their
rehabilitation.
5. Everyone convicted of a crime shall have the right to his conviction and sentence being reviewed by a higher tribunal
according to law.
6. When a person has by a final decision been convicted of a criminal offence and when subsequently his conviction has
been reversed or he has been pardoned on the ground that a new or newly discovered fact shows conclusively that
there has been a miscarriage of justice, the person who has suffered punishment as a result of such conviction shall be
compensated according to law, unless it is proved that the non-disclosure of the unknown fact in time is wholly or
partly attributable to him.
7. No one shall be liable to be tried or punished again for an offence for which he has already been finally convicted or
acquitted in accordance with the law and penal procedure of each country.
Article 15: Right not to have Criminal Sanctions Imposed Retrospectively
1. No one shall be held guilty of any criminal offence on account of any act or omission which did not constitute a criminal offence, under national or international law, at the time when it was committed. Nor shall a heavier penalty be
imposed than the one that was applicable at the time when the criminal offence was committed. If, subsequent to the
commission of the offence, provision is made by law for the imposition of the lighter penalty, the offender shall benefit thereby.
2. Nothing in this article shall prejudice the trial and punishment of any person for any act or omission which, at the
time when it was committed, was criminal according to the general principles of law recognized by the community of
nations.
Article 16: Right to be recognized as a Person before the Law
- Everyone shall have the right to recognition everywhere as a person before the law.
Article 17: Right to Privacy
1. No-one shall be subjected to arbitrary or unlawful interference with his privacy, family, home or correspondence, nor
to unlawful attacks on his honor and reputation.
2. Everyone has the right to the protection of the law against such interference or attacks.
Article 18: Right to Freedom of Thought, Conscience and Religion
1. Everyone shall have the right to freedom of thought, conscience and religion. This right shall include freedom to have
or to adopt a religion or belief of his choice, and freedom, either individually or in community with others and in public or private, to manifest his religion or belief in worship, observance, practice and teaching.
2. No one shall be subject to coercion which would impair his freedom to have or to adopt a religion or belief of his
choice.
3. Freedom to manifest one‘s religion or beliefs may be subject only to such limitations as are prescribed by law and are
necessary to protect public safety, order, health, or morals or the fundamental rights and freedoms of others.
4. The States Parties to the present Covenant undertake to have respect for the liberty of parents and, when applicable,
legal guardians to ensure the religious and moral education of their children in conformity with their own convictions.
Article 19: The Right to Freedom of Expression
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1. Everyone shall have the right to hold opinions without interference.
2. Everyone shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart
information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or
through any other media of his choice.
3. The exercise of the rights provided for in paragraph 2 of this article carries with it special duties and responsibilities.
It may therefore be subject to certain restrictions, but these shall only be such as are provided by law and are necessary:
 For respect of the rights or reputations of others;
 For the protection of national security or of public order (ordre public), or of public health or morals.
Article 20: The Prohibition of Propaganda for War and Incitement to Hatred
1. Any propaganda for war shall be prohibited by law.
2. Any advocacy of national, racial or religious hatred that constitutes
Article 21: The Right to Peaceful Assembly
- The right of peaceful assembly shall be recognized. No restrictions may be placed on the exercise of this right other
than those imposed in conformity with the law and which are necessary in a democratic society in the interests of national security or public safety, public order (ordre public), the protection of public health or morals or the protection
of the rights and freedoms of others.
Article 22: The Right to Freedom of Association
1. Everyone shall have the right to freedom of association with others, including the right to form and join trade unions
for the protection of his interests.
2. No restrictions may be placed on the exercise of this right other than those which are prescribed by law and which are
necessary in a democratic society in the interests of national security or public safety, public order (ordre public), the
protection of public health or morals or the protection of the rights and freedoms of others. This article shall not prevent the imposition of lawful restrictions on members of the armed forces and of the police in their exercise of this
right.
3. Nothing in this article shall authorize States Parties to the International Labor Organization Convention of 1948 concerning Freedom of Association and Protection of the Right to Organize to take legislative measures which would
prejudice, or to apply the law in such a manner as to prejudice, the guarantees provided for in that Convention.
Article 23: The Rights of the Family
1.
2.
3.
4.
The family is the natural and fundamental group unit of society and is entitled to protection by society and the State.
The right of men and women of marriageable age to marry and to found a family shall be recognized.
No marriage shall be entered into without the free and full consent of the intending spouses.
States Parties to the present Covenant shall take appropriate steps to ensure equality of rights and responsibilities of
spouses as to marriage, during marriage and at its dissolution. In the case of dissolution, provision shall be made for
the necessary protection of any children.
Article 24: The Rights of the Child
1. Every child shall have, without any discrimination as to race, color, sex, language, religion, national or social origin,
property or birth, the right to such measures of protection as are required by his status as a minor, on the part of his
family, society and the State.
2. Every child shall be registered immediately after birth and shall have a name.
3. Every child has the right to acquire a nationality.
Article 25: The Right to Take Part in Public Affairs
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- Every citizen shall have the right and the opportunity, without any of the distinctions mentioned in article 2 and without unreasonable restrictions:
(a) To take part in the conduct of public affairs, directly or through freely chosen representatives;
(b) To vote and to be elected at genuine periodic elections, which shall be effected by universal and equal suffrage and shall be held by secret ballot guaranteeing the free expression of the will of the electors;
(c) To have access, on general terms of equality, to public service in his country.
Article 26: The Right to Equality before the Law
- All persons are equal before the law and are entitled without any discrimination to the equal protection of the law. In
this respect, the law shall prohibit any discrimination and guarantee to all persons equal and effective protection
against discrimination on any ground such as race, color, sex, language, religion, political or other opinion, national
or social origin, property, birth or other status.
Article 27: The Rights of Minorities
- In those States in which ethnic, religious or linguistic minorities exist, persons belonging to such minorities shall not
be denied the right, in community with the other members of their group, to enjoy their own culture, to profess and
practice their own religion, or to use their own language
First Optional Protocol to the ICCPR
Optional Protocol to the ICCPR
Chapter VI
ECONOMIC, SOCIAL AND CULTURAL RIGHTS
I. OVERVIEW
- The International Covenant on Economic, Social and Cultural Rights is the primary international legal source of economic, social and cultural rights. Economic, social and cultural rights are socio-economic rights, such as the right to
education, right to housing, right to adequate standard of living and the right to health. Socio-economic rights are recognized and protected in international and regional human rights instruments.
- Member states have a legal obligation to respect, protect and fulfill economic, social and cultural rights and are expected to take "progressive action" towards their fulfillment. Economic, social and cultural rights are recognized and
protected in international and regional human rights instruments. The Social Covenant opts for progressive implementation and thereby treats its rights as being somewhat like ―goals‖ (see further on the section dealing with controversial views).
1. Universal Declaration of Human Rights (UDHR)
- The UDHR adopted by the UN General Assembly in 1948 is seen as one of the most important sources of economic,
social and cultural rights. The UDHR identifies an impressive list of human rights concerns in which economic, social, and cultural rights are specified in Articles 16 and 22-29. These rights refer to: marriage and family; work and
leisure (free choice of employment, just conditions of work, equal pay for equal work, just remuneration, freedom to
form and join trade unions, and rest); a standard of living adequate for food, shelter, clothing, medical care, and social
services; security in case of unemployment, sickness, disability, widowhood, and old age; special care and assistance
in motherhood and childhood; education (free and compulsory elementary education, equal access based on merit, parental choice, and full development of the human personality); participation in the cultural life of one‘s community;
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protection of one‘s own literary, scientific, and artistic productions; social and international order that enables these
human rights to be realized; and Individual‘s duties to one‘s community.
2. International Covenant on Economic, Social and Cultural Rights (ICESCR)
- The Covenant recognized and protects the right to work and to just and favorable working conditions (Article 6 and
7), the right to join trade unions and take collective labor action (Article 8), the right to social security (Article 9), the
right to protection of the family, including protection for mothers and children (Article 10), the right to an adequate
standard of living, including the right to food and the right to housing (Article 11 & 25), the right to health (Article
12), the right to education (Article 13), the right to participate in cultural life and the right to benefits of science and
culture (Article 15).
- The ICESCR (as well as the ICCPR) recognizes and protects a number of core economic, social and cultural rights,
including the right to social security in Article 22, the right to work in Article 23, the right to rest and leisure in Article 24, the right to education in Article 26, the the right to benefits of science and culture the right to benefits of
science and culture the right of ethnic, religious or linguistic minorities to engage in their culture, practice their religion and use their language (Article 27). Member states have a legal obligation to respect, protect and fulfill economic, social and cultural rights and are expected to take "progressive action" towards their fulfillment.
3. Optional Protocol to the International Covenant on Economic, Social and Cultural Rights:
- On 10 December 2008, the United Nations General Assembly adopted by consensus the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights, paving the way for individual complaints of economic, social and cultural rights against States Parties. It now seems to be an appropriate time to reflect on why it has taken so long for these developments to occur. The Protocol will open for ratification by States Parties on 24 September
2009. Before any high expectations are placed on the Optional Protocol for the delivery of better implementation of
economic, social and cultural rights, there is a need to temper that expectation with reference to some realities of the
past. At the same time there is tremendous optimism that economic, social and cultural rights obligations can no
longer be ignored or wished away by many States.
3. Other major international human rights instruments
- A number of other major international human rights instruments also contain provisions relating to economic, social
and cultural rights. The Convention on the Right of the Child recognizes and protects many of the economic, social
and cultural rights in relation to children which include the right to health in Article 24, the right to social security in
Article 25, the right to an adequate standard of living in Article 27, the right to education in Article 28, the right to
protection from economic exploitation (child labor) in Article 32. The Convention on Elimination of All Forms of
Racial Discrimination prohibits discrimination on the basis of racial or ethnic origin in relation to a number of economic, social and cultural rights. The Convention on Elimination of All Forms of Racial Discrimination against
Women affirms a range of economic, social and cultural rights to women. The ILO Conventions protect a range of
work related economic, social and cultural rights.
- A schematic summary of the International Bill of Rights that protects economic, social and cultural rights appears as
below, where the article is listed after the abbreviation for the international instrument:
- Economic Rights
- Right to property: UDHR 17– not in ICCPR or in ICESCR
- Right to work: UDHR 23, ICESCR 6
- Right to social security: UDHR 23.3 & 25, ICESCR 9, CRC 26
- Social Rights
- Adequate standard of living: UDHR 25, ICESCR 11, CRC 27
- Rights of families to assistance: ICESCR 10, CRC 27
- Cultural Rights
- Right to education: UDHR 26, ICESCR 13 & 16, CRC 28 & 29
- Right to preserve cultural identity of minority groups: CRC 30, ICCPR 27
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- Right to take part in cultural life: UDHR 27, ICESCR 15.1a
- Right to benefit from scientific progress: ICESCR 15.1b
- Right to benefit from moral and material interest: ICESCR 15.1c
II. DISCUSSION ON SOCIAL RIGHTS
1. Controversy:
- The Universal Declaration included social (or ―welfare‖) rights that address matters such as education, food, and employment. Their inclusion has been the source of much controversy. Social rights are often alleged to be statements of
desirable goals but not really rights. The European Convention did not include them (although it was later amended to
include the right to education). Instead they were put into a separate treaty, the European Social Charter. When the
United Nations began the process of putting the rights of the Universal Declaration into international law, it followed
the model of the European system by treating economic and social standards in a treaty separate from the one dealing
with civil and political rights.
- Why did the Social Covenant opt for progressive implementation and thereby treat its rights as being somewhat like
goals? The main reason is that more than half of the world's countries were in no position, in terms of economic, institutional, and human resources, to realize these standards fully or even largely. For many countries, noncompliance
due to inability would have been certain if these standards had been treated as immediately binding.
2. Opponents of social rights often deny them the status of human rights, restricting that standing to civil and political
rights. Objections to social rights include the following: (1) they do not serve truly fundamental interests; (2) they are too
burdensome on governments and taxpayers; and (3) they are not feasible in less-developed countries.
- First objection is that social rights do not meet the standard of great importance. Such objection, perhaps, identifies
valuable goods, but not extremely valuable goods. To discuss the issue of importance we may use two social rights as
examples: the right to an adequate standard of living, and the right to free public education. These rights require governments to try to remedy widespread and serious evils such as hunger and ignorance. The importance of food and
other basic material conditions of life is easy to show. These goods are essential to people's ability to live, function,
and flourish. Without adequate access to these goods, interests in life, health, and liberty are endangered and serious
illness and death are probable. Another way to support the importance of social rights is to show their importance to
the full implementation of civil and political rights. If a government succeeds in eliminating hunger and providing
education to everyone this promotes people's abilities to know, use, and enjoy their liberties, due process rights, and
rights of political participation. This is easiest to see in regard to education. Ignorance is a barrier to the realization of
civil and political rights because uneducated people often do not know what rights they have and what they can do to
use and defend them. Education and a minimum income make it easier for people at the bottom economically to follow politics, participate in political campaigns, and to spend the time and money needed to go to the polls and vote.
- Second objection is that social rights are too burdensome. It is very expensive to guarantee to everyone basic education and minimal material conditions of life. Perhaps, we should not think of social rights as simply giving everyone a
free supply of the goods these rights protect. Guarantees of things like food and housing will be intolerably expensive
and will undermine productivity if everyone simply receives a free supply. A viable system of social rights will require most people to provide these goods for themselves and their families through work as long as they are given the
necessary opportunities, education, and infrastructure. Government-implemented social rights provide guarantees of
availability (or secure access), but governments should have to supply the requisite goods in only a small fraction of
cases. Countries that do not accept and implement social rights still have to bear somehow the costs of providing
food, clothing, and shelter to those unable to provide for themselves. If they do not, then families, friends, and communities will have to shoulder this burden. It is only in the last century that government-sponsored social rights have
taken over a substantial part of the burden of providing for the needy. The taxes associated with social rights are partial replacements for other burdensome duties.
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- The third objection to social rights is that they are not feasible in many countries. It is very expensive to provide
guarantees of subsistence, minimal public health measures, and basic education. The Social Covenant dealt with the
issue of feasibility by calling for progressive implementation, as financial and other resources permit; that is normative treatment as goals.
- In their view, treating very demanding rights as goals has several advantages. One is that goals coexist happily with
low levels of ability to achieve them. Another advantage is that goals are flexible; addressees with different levels of
ability can choose ways of pursuing the goals that suit their circumstances and means. Because of these attractions of
goals, it will be worth exploring ways to transform very demanding human rights into goals. The transformation may
be full or partial. As norms, goals seem much weaker than rights. But goals can be formulated in ways that make
them more like rights. Strong reasons for the importance of these goals can be provided. And supervisory bodies can
monitor levels of progress and pressure low-performing addressees to attend to and work on their goals.
3. Substantive rights:
- The ICESCR‘s list of rights include non-discrimination and equality for women in the economic and social area (Articles 2 and 3), freedom to work and opportunities to work (Article 4), fair pay and decent conditions of work (Article
7), the right to form trade unions and to strike (Article 8), social security (Article 9), special protections for mothers
and children (Article 10), the right to adequate food, clothing, and housing (Article 11), the right to basic health services (Article 12), the right to education (Article 13), and the right to participate in cultural life and scientific progress
(Article 15).
- This treaty, the ICESCR, treated these standards as rights, albeit rights to be progressively realized. Article 2.1 of the
Social Covenant sets out what each of the parties commits itself to do about this list, namely to ―take steps, individually and through international assistance and co-operation…to the maximum of its available resources, with a view
to achieving progressively the full realization of the rights recognized in the present Covenant‖. In contrast, the Civil
and Political Covenant simply commits its signatories to ―respect and to ensure to all individuals within its territory
the rights recognized in the present Covenant‖ (Article 2.1). The contrast between these two levels of commitment
has led some people to suspect that economic and social rights are really just goals.
Minimal Standards:
- Article 14 of the Social Covenant imposes a conditional duty in regard to the right to education that was set out in Article 13. It says that countries that ―have not been able to secure‖ compulsory primary education, ―undertake, within
two years, to work out and adopt a detailed plan of action for the progressive implementation, within a reasonable
number of years, of the principle of compulsory education free of charge for all‖. Compliance with this requirement,
which is only present for the right to education, involves planning and setting timetables. A goal-right mixture could
require immediate compliance with minimal standards. The idea is that minimal provision might be within the capacity of all nations. For example, countries could be required very soon to provide all children with reading and writing
instruction. These ways of creating right-goal mixtures allow us to see that some rights can be goals while still having
enough mandatory elements to be counted as rights in a meaningful sense.
- A complementary approach to implementing social in developing countries emphasizes ability enhancement rather
than burden reduction. It seeks to increase the ability of developing countries to implement rights effectively. Possible
strategies include using aid to increase the resources available for this purpose, providing education to current and future officials, offering technical assistance concerning the mechanisms of implementation, and battling corruption. A
good defense of a duty of well-off governments to assist poor countries in realizing human rights would perhaps require their citizens to share somehow in duties of international aid. This principle of shared duty is particularly attractive in democratic societies where the citizens are the ultimate source of political authority.
Monitoring:
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- The system to monitor and promote compliance with the Social Covenant is modest (compared to that of the ICPCR)
since it mainly requires participating countries to make periodic to the United Nation Economic and Social Council
(ECOSOC) on the measures which they have adopted and the progress made in achieving the observance of the rights
recognized herein‖ (Article 16). A committee of experts (Committee on Economic, Social and Cultural Rights)
created by the Economic and Social Council in 1987, is given the job of looking at the progress reports from the participating countries. This body studies the reports, discusses them with representatives of the reporting governments,
and issues interpretive statements known as ―General Comments‖ on the requirements of the treaty. Many of the
States Parties have been unwilling to co-operate with the Committee on the constructive dialogue and by May 1996,
there were 97 overdue reports from 88 States and 17 States had failed to submit a single report in 10 years.
III. STATE RESPONSIBILITY TO IMPLEMENT ICESCR
- Economic, social and cultural right enshrined in international and regional human rights instruments are legally binding. Member states have a legal obligation to respect, protect and fulfill these rights. State parties to the ICESCR are
required to take "progressive action" towards fulfillment of the ICESR rights. While immediate fulfillment may not
be possible due to the economic situation of a country, postponement of proactive action is not permitted. State parties must show genuine efforts to secure the economic, social and cultural rights enshrined in the ICESCR. The burden of proof for progressive action is considered to be with the state party.
- The prohibition on discrimination in relation to economic, social and cultural rights is regarded as having immediate
effect. State parties must abolish laws, policies and practices which effect the equal enjoyment of economic, social
and cultural rights and take action to prevent discrimination in public life. All state parties, regardless of the economic
situation in the country or resource scarcity, are required to ensure respect for minimum subsistence rights for all.
State parties must also ensure that available resources are accessed and used equitably. Therefore government decisions on how to allocate resources should be subject to scrutiny. Legislative measures alone are not sufficient to ensure compliance with the ICESCR and state parties are expected to provide judicial remedies in addition to taking
administrative, financial, educational and social measures.
- When the normative principles of the international protection of all human rights, including economic, social, and
cultural rights, are included in the constitution of a country then the proponents of justifiability of economic social
and cultural rights have an effective mechanism. A number of national constitutions recognize economic, social and
cultural rights. For example, the 1996 South African Constitution includes economic, social and cultural rights and
the South African Constitutional Court has heard claims under these obligations.
IV. IMPLEMENTATION FRAMEWORK
1. Secondary Legal Sources
- A range of secondary legal sources exist on economic, social and cultural rights which provide guidance on their
normative definition. The Committee has been central in developing the normative definition of key economic, social
and cultural rights, interpreting the role of State Parties to the ICESCR, and monitoring protection and violation of the
ICESCR rights. The Committee issues guiding pronouncements in the form of general comments, and other human
rights treaty bodies may also issue comments relevant to economic, social and cultural rights.
- Other important secondary legal sources on economic, social and cultural rights are the Limburg Principles on Implementation of the ICESCR 1987 and the Maastricht Guidelines on Violations of ESCR 1997. The Limburg Principles have been extensively used in national legal systems as an interpretive tool for establishing violations of economic, social and cultural rights. The Maastricht Guidelines build on the Limburg Principles and identify the legal
implications of acts and omissions which are violations of economic, social and cultural rights.
2. Monitoring framework
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- While all human rights are said to be "equal, indivisible, interrelated, and interdependent", the monitoring, enforcement and implementation framework for economic, social and cultural rights is less demanding than that for civil and
political rights. International enforcement mechanisms are strongest for civil and political rights, and their violation is
considered more serious than that of economic, social and cultural rights. Intergovernmental organizations and nongovernmental organizations (NGOs) have persistently neglected economic, social and cultural rights over the past 50
years. There are few international NGOs that focus on economic, social and cultural rights and there are few lawyers
who have the knowledge or experience to defend economic, social and cultural rights at a national or international
level.
- The fundamental problem that many Western States had with economic and social rights and the ICESCR in particular was that they were seen as intangible and difficult to enforce. They were thus labeled by some as ‗provision‘
rights: and for many it was not the job of the State, but rather of the individual to ‗provide‘. It was the job of the State
to ‗protect‘; but to protect effectively, it would be necessary to have tangible rights that could be judicially enforced.
The result of this ideological split was an overt emphasis on civil and political rights to the detriment of economic,
social and cultural rights throughout the latter part of the twentieth century. The human rights movement has only recently recovered from this narrow divisive idea of rights, and once again embraces the idea of human rights as indivisible.
Chapter VII
INTERNATIONAL HUMAN RIGHTS PROTECTION REGARDING
SOME SPECIAL GROUPS AND NEWLY EMERGENT ISSUES
I. WOMEN’S RIGHTS
1. Outstanding Issues:
- Women's rights are the rights and entitlements claimed for women and girls of many societies worldwide. Women's
rights are an essential component of universal human rights. They reflect the fact that men and women have very different experiences - and the fact that women and girls often face gender-based discrimination that puts them at increased risk of poverty, violence, ill health and a poor education. In some places these rights are institutionalized or
supported by law, local custom, and behaviour, whereas in others they may be ignored or suppressed
- Issues commonly associated with notions of women's rights include, though are not limited to, the right to bodily integrity and autonomy, to vote, to hold public office, to work, to fair wages or equal pay, to own property, to education, to enter into legal contracts; and to have marital, parental and religious rights. Throughout mankind history, human rights abuses against women are so pervasive and systemic that they are regarded as part of the natural order.
Women often face social and cultural barriers in realizing their rights, and experience distinct types of rights violations, specifically because they are women.
- On a global scale, women cultivate more than half of all the food that is grown. In sub-Saharan Africa and the Caribbean, they produce up to 80 percent of basic foodstuffs. In Asia, they account for around 50 percent of food production. In Latin America, they are mainly engaged in subsistence farming, horticulture, poultry and raising small livestock. Yet women often get little recognition for that. In fact, many go unpaid. It is very difficult for these women to
get the financial resources required to buy equipment etc, as many societies still do not accept, or realize, that there is
a change in the ―traditional‖ roles. For many women, unpaid work in and for the household takes up the majority of
their working hours, with much less time spent in remunerative employment. Even when they participate in the labour market for paid employment, women still undertake the majority of the housework (UNICEF, State of the
World’s Children, 2007)
2. Women’s Rights in History
- Long in the history of mankind, women‘s rights were not really recognized. Women liberation of the past focused
mainly on three basic rights: The equal right to own property, the right to vote and the rights to enjoy equal pay.
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 Right to own Property: In ancient Athens, women had no legal personhood. No women ever acquired citizenship and were excluded from ancient Athenian democracy. The Greek philosopher Aristotle denied that women
were slaves, but argued that women's main economic activity is that of safeguarding the household property
created by men. In ancient Rome, under Manus Marriage women could own nothing, and had little if any legal
protections. However, the Roman stoic thinkers Seneca and Musonius Rufus developed theories of just relationships arguing that nature gives men and women equal capacity and that men and women have an equal need for
philosophical education. Stoic theories entered Roman law and the influence of his philosophy increased the status
of women under the Empire. In the European Middle Ages, according to English Common Law, which developed
from the 12th century onward, all property which a wife held at the time of a marriage became a possession of her
husband. 17th century natural law philosophers defended slavery and an inferior status of women in law. They believed that women could not be treated as equal due to their "inner nature". The views of 17th century natural law
philosophers were opposed in the 18th and 19th century by Evangelical Natural theology philosophers, who argued for the abolition of slavery and advocated for women to have rights equal to that of men. Modern natural law
theorists and advocates of natural rights claim that all people have a human nature, regardless of gender, ethnicity
or other qualifications. Beginning in the 1840s, state legislatures in the United States and the British Parliament began passing statutes that protected women's property from their husbands and their husbands' creditors.
These laws were known as the Married Women's Property Acts. French married women suffered from restrictions
on their legal capacity which were removed only in 1965.
 Right to Vote: During the 19th century some women began to agitate for the right to vote and participate in government and law making. Other women opposed suffrage like Helen Kendrick Johnson, whose prescient 1897
work Woman and the Republic contains perhaps the best arguments against women's suffrage of the time. The
ideals of women‘s suffrage developed alongside that of universal suffrage and today women's suffrage is considered a right (under the Convention on the Elimination of all Forms do Discrimination against Women). During
the 19th century the right to vote was gradually extended in many countries and women started to campaign for
their right to vote. In 1893 New Zealand became the first country to give women the right to vote on a national
level. Australia gave women the right to vote in 1902. A number of Nordic countries gave women the right to vote
in the early 20th century – Finland (1906), Norway (1913), Denmark and Iceland (1915). With the end of the First
World War many other countries followed – the Netherlands (1917), Austria, Azerbaijan, Canada, Czechoslovakia, Georgia, Poland, and Sweden (1918), Germany and Luxembourg (1919), and the United States (1920) . Spain
gave women the right to vote in 1931, France in 1944, Belgium, Italy, Romania and Yugoslavia in 1946. Switzerland gave women the right to vote in 197, and Liechtenstein in 1984.
 In Latin America some countries gave women the right to vote in the first half of the 20th century – Ecuador
(1929), Brazil (1932), El Salvador (1939), Dominican Republic (1942), Guatemala (1956) and Argentina (1946).
In India, under colonial rule, universal suffrage was granted in 1935. Other Asian countries gave women the right
to vote in the mid 20th century – Japan (1945), China (1947) and Indonesia (1955). In Africa women generally got
the right to vote along with men through universal suffrage – Liberia (1947), Uganda (1958) and Nigeria (1960).
In many countries in the Middle East universal suffrage was acquired after the Second World War, although in
others, such as Kuwait, suffrage is very limited. On 16 May 2005, the Parliament of Kuwait extended suffrage to
women by a 35–23 vote.
 Right to Equal Employment: In the 1960s demand for women's rights, particularly the right to equal pay, again
became an important issue in the English speaking world. Reformers wanted the same pay as men, equal rights in
law, and the freedom to plan their families or not have children at all. Their efforts were met with mixed results. In
the UK, a public groundswell of opinion in favor of legal equality had gained pace, partly through the extensive
employment of women in what were traditional male roles during both world wars. By the 1960s the legislative
process was being readied, until 1975 when the first British Sex Discrimination Act, an Equal Pay Act came into
force. With encouragement from the UK government, the other countries of the EEC soon followed suit with an
agreement to ensure that discrimination laws would be phased out across the European Community.
 In Asia, the rights of women and men to have equal pay and equal benefits for equal work were openly denied by
the British Hong Kong Government up to the early 1970s. Leslie Wah-Leung Chung, President of the Hong Kong
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Chinese Civil Servants‘ Association, contributed to the establishment of equal pay for men and women, including
the right for married women to be permanent employees. Before this, the job status of a woman changed from
permanent employee to temporary employee once she was married, thus losing the pension benefit. Some of them
even lost their jobs.
 In the USA, the National Organization for Women (NOW) was created in 1966 with the purpose of bringing about
equality for all women. NOW was one important group that fought for the Equal Rights Amendment (ERA). This
amendment stated that equality of rights under the law shall not be denied or abridged by the United States or any
state on account of sex. But there was disagreement on how the proposed amendment would be understood. Supporters believed it would guarantee women equal treatment. But critics feared it might deny women the right be
financially supported by their husbands. The amendment died in 1982 because not enough states had ratified it.
ERAs have been included in subsequent Congresses, but have still failed to be ratified.
3. Modern International Protection of Women’s Rights
- Since 1975 the UN has held a series of world conferences on women's issues, starting with the World Conference of
the International Women's Year in Mexico City. These conferences created an international forum for women's rights,
but also illustrated divisions between women of different cultures and the difficulties of attempting to apply principles
universally. Four World Conferences have been held, the first in Mexico City (1975), the second in Copenhagen
(1980) and the third in Nairobi (1985). At the fourth in Beijing (1995), The Platform for Action was signed. This included a commitment to achieve "gender equality and the empowerment of women". In 2010, ―UN Women‖ was
founded by GA Resolution 63/311.
- Numerous international and regional instruments have drawn attention to gender-related dimensions of human rights
issues, the most important being the UN Convention on the Elimination of All Forms of Discrimination against
Women (CEDAW), adopted in 1979. In 1993, 45 years after the Universal Declaration of Human Rights was
adopted, and eight years after CEDAW entered into force, the UN World Conference on Human Rights in Vienna
confirmed that women‘s rights were human rights. That this statement was even necessary is striking – women‘s
status as human beings entitled to rights should have never been in doubt. And yet this was a step forward in recognizing the rightful claims of one half of humanity, in identifying neglect of women‘s rights as a human rights violation and in drawing attention to the relationship between gender and human rights violations.
- In 1994, the International Conference on Population and Development in Cairo (ICPD) articulated and affirmed the
relationship between advancement and fulfilment of rights and gender equality and equity. It also clarified the concepts of women‘s empowerment, gender equity, and reproductive health and rights. The Programme of Action of
ICPD asserted that the empowerment and autonomy of women and the improvement of their political, social, economic and health status was a highly important end in itself as well as essential for the achievement of sustainable
development. In 1995, the Fourth World Conference on Women in Beijing generated global commitments to advance
a wider range of women‘s rights. The inclusion of gender equality and women‘s empowerment as one of the
eight Millennium Development Goals was a reminder that many of those promises have yet to be kept. It also represents a critical opportunity to implement those promises.
- In spite of these international agreements, the denial of women‘s basic human rights is persistent and widespread. For
instance:
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Over half a million women continue to die each year from pregnancy and childbirth-related causes.
Rates of HIV infection among women are rapidly increasing. Among those 15-24 years of age, young women now
constitute the majority of those newly infected, in part because of their economic and social vulnerability.
Gender-based violence kills and disables as many women between the ages of 15 and 44 as cancer. More often
than not, perpetrators go unpunished.
Worldwide, women are twice as likely as men to be illiterate.
As a consequence of their working conditions and characteristics, a disproportionate number of women are impoverished in both developing and developed countries. Despite some progress in women‘s wages in the 1990s,
women still earn less than men, even for similar kinds of work.
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Many of the countries that have ratified CEDAW still have discriminatory laws governing marriage, land, property and inheritance.
- In summary, despite many successes in empowering women, numerous issues still exist in all areas of life, ranging
from the cultural, political to the economic. Women often work more than men, yet are paid less; gender discrimination affects girls and women throughout their lifetime. Many girls and women still do not have equal opportunities to
realize rights recognized by law and they are often the ones that suffer the most poverty. In many countries, women
are not entitled to own property or inherit land. Social exclusion, family violence, ―honor‖ killings, female trafficking, restricted mobility and early marriage among others, deny their right to health and increase illness and death
throughout their life-course.
4. Some Topical Issues regarding Women’s Rights
- Reproductive rights: Reproductive rights are not recognized in international human rights law and is an umbrella
term that may include some or all of the following rights: the right to legal or safe abortion, the right to control one‘s
reproductive factions, the right to access quality reproductive healthcare, and the right to education and access in order to make reproductive choices free from coercion, discrimination, and violence. Reproductive rights may also be
understood to include education about contraception sexually transmitted infections, and freedom from coerced sterilization and contraception, protection from gender-based practices such as female genital mutilation (FGM)
and male genital mutilation (MGM). Reproductive rights are understood as rights of both men and women, but are
most frequently advanced as women's rights.
- Birth Control: The British birth control campaigner Marie Stopes made contraception acceptable in Britain during
the 1920 by framing it in scientific terms. Stopes assisted emerging birth control movements in a number of British
colonies. By emphasizing control the birth control movement argued that women should have control over their reproduction and the movement had close ties to the feminist movement. Slogans such as "control over our own bodies"
criticized male domination and demanded women's liberation, a connotation that is absent from the family planning,
population control and eugenics movements.
In the 1960s and 1970s the birth control movement advocated for the legalization of abortion and large scale education campaigns about contraception by governments. In the 1980s birth control and population control organizations
co-operated in demanding rights to contraception and abortion, with an increasing emphasis on "choice". Birth control has become a major theme in feminist politics which cited reproduction issues as examples of women's powerlessness to exercise their rights. The societal acceptance of birth control required the separation of sex from procreation, making birth control a highly controversial subject in the 20th century. In a broader context birth control has become an arena for conflict between liberal and conservative values, raising questions about family, personal freedom,
state intervention, religion and politics, sexual morality and social welfare.
- Abortion: Abortion is a highly emotional subject and one that excites deeply held opinions. Some groups, such as
the Catholic Church, the Christian right and most Orthodox Jews regard abortion not as a right but as a 'moral evil'.
However, equitable access to safe abortion services is first and foremost a human right. Women's access to legal abortions is restricted by law in most countries in the world. Where abortion is permitted by law, women may only have
limited access to safe abortion services. Only a small number of countries prohibit abortion in all cases. In most countries and jurisdictions, abortion is allowed to save the pregnant woman's life, or where the pregnancy is the result of
rape or incest. Where abortion is safe and legal, no one is forced to have one. Where abortion is illegal and unsafe,
women are forced to carry unwanted pregnancies to term or suffer serious health consequences and even death. Approximately 13% of maternal deaths worldwide are attributable to unsafe abortion—between 68,000 and 78,000
deaths annually.
- Rape and sexual violence: Rape, sometimes called sexual assault, is generally considered a serious crime as well as
a civil assault. It is also now recognized as an element of the crime of genocide when committed with the intent to destroy, in whole or in part, a targeted group and as crime against humanity. In 1998, the International Tribunal for
Rwanda established by the United Nations made landmark decisions that rape is a crime of genocide under international law. The trial established precedents that rape is an element of the crime of genocide. The Trial found that sex66
ual assault had been perpetrated against Tutsi women only, manifesting the specific intent required for those acts to
constitute genocide. An estimated 500,000 women were raped during the 1994 Rwandan Genocide.
Rape was also recognized as crime against humanity when the International Criminal Tribunal for the former Yugoslavia issued arrest warrants based on the Geneva Conventions and Violations of the Laws or Customs of War. Specifically, it was recognized that Muslim women in Foca (southeastern Bosnia and Herzegovina) were subjected to systematic and widespread gang rape, torture and sexual enslavement by Bosnian Serb soldiers, policemen, and members of paramilitary groups after the takeover of the city in April 1992. Many of the women subsequently disappeared. The indictment was of major legal significance and was the first time that sexual assaults were investigated
for the purpose of prosecution. The indictment was confirmed by a 2001 verdict of the International Criminal Tribunal.
SEDAW
- The Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) came into force on 3
September 1981. The CEDAW is often described as an international bill of rights for women. Consisting of a preamble and 30 articles, it defines what constitutes discrimination against women and sets up an agenda for national action
to end such discrimination. The UN member states that have not ratified the convention are Iran, Nauru, Palau, Somalia, Sudan, Tonga, and the United States. Niue and the Vatican City, which are non-member states, have also not ratified it.
- The Convention defines discrimination against women as "...any distinction, exclusion or restriction made on the basis of sex which has the effect or purpose of impairing or nullifying the recognition, enjoyment or exercise by women, irrespective of their marital status, on a basis of equality of men and women, of human rights and fundamental
freedoms in the political, economic, social, cultural, civil or any other field."
- The Convention provides the basis for realizing equality between women and men through ensuring women's equal
access to, and equal opportunities in, political and public life -- including the right to vote and to stand for election as
well as education, health and employment. States parties agree to take all appropriate measures, including legislation
and temporary special measures, so that women can enjoy all their human rights and fundamental freedoms.
- The Convention is the only human rights treaty which affirms the reproductive rights of women and targets culture
and tradition as influential forces shaping gender roles and family relations. It affirms women's rights to acquire,
change or retain their nationality and the nationality of their children. States parties also agree to take appropriate
measures against all forms of traffic in women and exploitation of women.
- By accepting the Convention, States commit themselves to undertake a series of measures to end discrimination
against women in all forms, including to:
 Incorporate the principle of equality of men and women in their legal system, abolish all discriminatory laws and
adopt appropriate ones prohibiting discrimination against women;
 Establish tribunals and other public institutions to ensure the effective protection of women against discrimination;
 Ensure elimination of all acts of discrimination against women by persons, organizations or enterprises.
- Countries that have ratified or acceded to the Convention are legally bound to put its provisions into practice. They
are also committed to submit national reports, at least every four years, on measures they have taken to comply with
their treaty obligations.
- The Convention also establishes an agenda of action for putting an end to sex-based discrimination for which states
ratifying the Convention are required to enshrine gender equality into their domestic legislation, repeal all discriminatory provisions in their laws, and enact new provisions to guard against discrimination against women. They must also establish tribunals and public institutions to guarantee women effective protection against discrimination, and take
steps to eliminate all forms of discrimination practiced against women by individuals, organizations, and enterprises.
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II. CHILDREN’S RIGHTS
- Human rights are children's rights too. International human rights instruments recognise that children as well as adults
have basic human rights. However, children have the right to special protection because of their vulnerability to exploitation and abuse. In many courtiers, the issue of children's rights is still poorly defined in legislation and by the
courts. In a broad sense, children‘s rights could be understood as the rights to live free from hunger, abuse, neglect,
and other inhumane conditions and also opportunity for children to participate in political and legal decisions that affect them. When most children talk about children's rights, they are not referring to the same rights held by adults,
such as the rights to vote, drink, smoke, and run for office. Instead, they mean that more emphasis should be placed
on children's status as "natural persons" deserving of benefits as provided in the Constitution and under the law.
- UNICEF was created by the United Nations General Assembly on December 11, 1946 to provide emergency food
and healthcare to children in countries that had been devastated by World War II. In 1953, UNICEF became a permanent part of the UN system and its name was shortened from the original United Nations International Children's
Emergency Fund. UNICEF is not funded exclusively by voluntary contributions, but it also rallies support from different partners, including corporations, civil society organizations, the media, national and local government officials,
specialists and more than 6 million individual donors worldwide to work on issues related to children‘s rights. Currently, UNICEF‘s mission is to advocate for the protection of children‘s rights, to help meet their basic needs and to
expand their opportunities to reach their full potential, guided by the provisions and principles of the Convention on
the Rights of the Child. Built on varied legal systems and cultural traditions, the Convention is a universally agreed
set of non-negotiable standards and minimum entitlements and freedoms for the children that should be respected by
governments.
- In November 1989 the United Nations General Assembly adopted the convention on the Rights of the Child (the
CRC). The CRC is the first legally binding international instrument to incorporate the full range of human rights civil, cultural, economic, political and social rights. In 1989, world leaders decided that children needed a special
convention just for them because people under 18 years old often need special care and protection that adults do not.
The leaders also wanted to make sure that the world recognized that children have human rights too. The Convention
was adopted and opened for signature by General Assembly (resolution 44/25) on 20 November 1989; and entered into force on 2 September 1990. The CRC is the most widely ratified human rights treaty in the world. There are only 2
countries, which have not signed the CRC: the United States of America and Somalia.
- The Convention sets out these rights in 54 articles and two Optional Protocols. The Convention covers four different
groupings of rights that children everywhere have: the right to survival; to develop to the fullest, to protection from
harmful influences, abuse and exploitation; and to participate fully in family, cultural and social life *(survival, protection, development and participation). The four core principles of the Convention are non-discrimination; devotion
to the best interests of the child; the right to life, survival and development; and respect for the views of the child.
Every right spelled out in the Convention is inherent to the human dignity and harmonious development of every
child. The Convention protects children's rights by setting standards in health care; education; and legal, civil and social services. Articles 43-54 are about how adults should work together to make sure all children and young people
have their rights met.
- By agreeing to undertake the obligations of the Convention (ratifying or acceding to it), national governments have
committed themselves to protecting and ensuring children's rights and they have agreed to hold themselves accountable for this commitment before the international community. States parties to the Convention are obliged to develop
and undertake all actions and policies in the light of the best interests of the child.
III.
RIGHTS OF PEOPLE WITH DISABILITIES
- Nearly 10 percent (%) of the world population are disable people4 suffering from impairments. Impairment is the
physical or mental limitation that a person has due to loss of function in a body part. Disability works as a magnifier
This statistic was first published by the WHO in 1989. Also, according to the UNDP 80% of disabled people live in developing countries. The
World Bank estimates that 20% of the world’s poorest people have one or more disabilities.
4
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of problems, leading to increased vulnerability. Disability is closely associated with poverty. People with a disability
are more likely to be poor, because of the costs associated with treatment, loss of income and strain on caregivers.
Consequently, people with impairments are denied access to education, employment, housing, sanitation, and many
other essentials that they have a right to.
- ‗It should be noted that people with disabilities are a very heterogeneous group with very divergent needs and lives.
Disability‘ constitutes such a wide range of impairments and societal responses to those impairments cannot be generalized to mean just one thing. In addition, the needs of disabled women, children, elderly persons, persons from minority groups, rich persons, poor persons, refugees...all require a different approach. Often certain groups of people
with certain disabilities are underrepresented within the common denominator ‗people with disabilities‘ and they
should be paid special attention.
- People with a disability want equal treatment, rights and participation in all sectors of society and all stages of the development process, no matter if it is directly relevant to them or not. A big problem is access to transport and buildings. Without accessible transport, disabled people cannot get anywhere outside their home or village. Without buildings being accessible, they cannot enter or move around within. This really impedes their possibility to participate in
daily activities, go to school, work and social meetings. The needs and wishes of disabled people should become a
standard factor in designing and planning public services.
- On 13 December 2006, the Convention on the Rights of Persons with Disabilities was adopted by the UN and was
opened for signature on 30 March 2007. The Convention follows decades of work by the UN to change attitudes and
approaches to persons with disabilities; from viewing them as "objects" of charity, medical treatment and social protection towards considering them as "subjects" with rights, who are capable of claiming those rights and making decisions for their lives based on their free consent as active members of the society. It does not create new rights for disabled people. Instead the Convention makes it explicit that States must ensure the full realization of all human rights
and fundamental freedoms for all disabled people, on an equal basis with others, and without discrimination of any
kind on the basis of disability. It also identifies areas where adaptations have to be made for persons with disabilities
to effectively exercise their rights and areas where their rights have been violated, and where protection of rights must
be reinforced.
- While certain disability-specific programmes are necessary, because they provide the basis that enables disabled
people to take part in mainstream society, however, charity provision is not a solution. When people with a disability
are able to take part in various social activities as others, they become more visible to the rest of society. People will
now come to see their abilities and hear their view. Society will start to accept people with a disability when they see
the person instead of the impairment.
IV. MINORITY GROUP RIGHTS
1. Minority groups
- Minority groups are often targets of violence, discrimination and cultural assimilation by the culture of majority
groups. Concern for the equal rights of disadvantaged groups is a longstanding concern of the world communities.
Human rights documents emphasize that all people, including women and members of minority ethnic groups, have
the same basic rights and should be able to enjoy them without discrimination. The right to freedom from discrimination figures prominently in the Universal Declaration and subsequent treaties. The Civil and Political Covenant, for
example, commits participating states to respect and protect their people's rights ―without distinction of any kind,
such as race, color, sex, language, political or other opinion, national or social origin, property, birth, or social status‖
(on minority and group rights see Nickel 2006, chap. 10).
- Human rights norms call upon governments to refrain from such violence and to provide protections against it. This
work is partly done by the right to life and protection of cultural traditions, which is a standard individual and collective right. It is also covered by the right against genocide which protects groups from attempts to destroy or decimate
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them. The Genocide Convention was one of the first human rights treaties after World War II. It is held by both individuals and groups and that it requires governments and other agencies to create protections at the national level.
- Some standard individual rights are especially important to ethnic and religious minorities, including rights to freedom of association, freedom of assembly, freedom of religion, and freedom from discrimination. Human rights documents also include rights that refer to minorities explicitly and give them special protections. For example, the Civil
and Political Covenant in Article 27 says that persons belonging to ethnic, religious, or linguistic minorities ―shall not
be denied the right, in community with other members of their group, to enjoy their own culture, to profess and practice their own religion, or to use their own language.‖
2. LGBT movements
- Lesbian, gay, bisexual, and transgender movements have a long history of campaigning for what is generally
called LGBT rights. Various communities have worked not only together, but also independent of each other in various configurations. There is no one organization that represents all LGBT people and their interests, although there
are two organizations that are inclusive of many of the LGBT community issues: Enterprise and International Gay
and Lesbian Human Rights Commission, which addresses human rights violations against LGBT and HIV-positive
people and works with the United Nation.
- LGBT movements are opposed by a variety of individuals and organizations. They may have a personal, moral, political or religious objection to gay rights, homosexual relations or gay people. Opponents say same-sex relationships
are not marriages, that legalization of same-sex marriage will open the door for the legalization of polygamy, that it is
unnatural and that it encourages unhealthy behavior. Some social conservatives believe that all sexual relationships
with people other than an opposite-sex spouse undermines the traditional family and that children should be reared in
homes with both a father and a mother.
- Some people worry that gay rights may conflict with individuals' freedom of speech, religious freedoms in the
workplace, and the ability to run churches, charitable organizations and other religious organizations that hold opposing social and cultural views to LGBT rights. There is also concern that religious organizations might be forced to
accept and perform same sex marriages or risk losing their tax-exempt status. In 1977, a former Miss America contestant and orange juice spokesperson, Anita Bryant, began a campaign "Save Our Children", in Dade County, Florida,
which proved to be a major set-back in the Gay Liberation movement. Essentially, she established an organization
which put forth an amendment to the laws of the county which resulted in the firing of many public school teachers
on the suspicion that they were homosexual.
- Laws affecting LGBT people vary greatly by country or territory—everything from legal recognition of same-sex
marriages to the dead penalty as punishment for same-sex romantic/sexual activity or identity. There are nine countries that have no official heterosexist discrimination. They are Argentina, Belgium, Canada, Iceland, Netherlands,
Norway, Sweden, South Africa, and Spain. This full non-discrimination includes the rights of marriage and adoption.
Portugal has also marriage rights for same-sex couples but this right does not include same-sex adoption. In China:
Laws prohibiting homosexuality have been passed. Homosexuality was not decriminalized there until 1997.
Chapter VIII
MID-TERM REVIEW AND CLASS SEMINAR
Topic: Social, economic and cultural identity, does it affect states’ obligations to implement human rights.)
Preparation: Group preparation and presentation are expected. As practical, students shall be grouped in probably 4
teams, each focusing on a specific topic assigned by the instructor to prepare for the presentation and answering the
questions raised by other groups during seminar. Topic assignment should be done at least one week before conducting the class seminar.
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Guiding Conclusion: Summary of the discussions and guiding conclusion to the main points discussed should be
presented by the course instructor in the end of the workshop so as to consolidate students‘ proper comprehension of
the seminar questions.
Tips: (a) Identify rights & obligations: Who is the right bearer? Who is the duty bearer? (b) Analyze the states‘ obligations (to respect, to protect/ensure, to fulfill Human rights)? (c) Then discuss the social/economic/cultural identity
to see if any conflicting/preclusion factor exists. Refine your points and focus your arguments on the presented topic.
Reference: Read the following Passages from UNOHCHR‘s ―FREQUENTLY ASKED QUESTIONS ON A HUMAN RIGHTS-BASED APPROACH TO DEVELOPMENT COOPERATION (HR/PUB/06/8):
(i). Obligations are generally of three kinds: to respect, to protect and to fulfill human rights:
 To respect human rights means simply not to interfere with their enjoyment. For instance, States should refrain
from carrying out forced evictions and not arbitrarily restrict the right to vote or the freedom of association.
 To protect human rights means to take steps to ensure that third parties do not interfere with their enjoyment.
For example, States must protect the accessibility of education by ensuring that parents and employers do not
stop girls from going to school.
 To fulfill human rights means to take steps progressively to realize the right in question. This obligation is
sometimes subdivided into obligations to facilitate and to provide for its realization. The former refers to the
obligation of the State to engage proactively in activities that would strengthen people‘s ability to meet their
own needs, for instance, creating conditions in which the market can supply the healthcare services that they
demand. The obligation to ―provide‖ goes one step further, involving direct provision of services if the right(s)
concerned cannot be realized otherwise, for example to compensate for market failure or to help groups that are
unable to provide for themselves.
Human rights law recognizes that a lack of resources can impede the realization of human rights. Accordingly, some
human rights obligations are of a progressive kind, while others are immediate. For economic, social and cultural
rights, States have a core obligation to satisfy the minimum essential level of each right. This level cannot be determined in the abstract; it is a national task, to be undertaken in accordance with human rights principles. However, in
any situation where a significant number of people are being deprived of their right to health, housing, food and so
forth, the State has a duty to show that all its available resources -including through requests for international assistance, as needed - are being called upon to fulfill these rights.
(ii) For socio-economic rights, the following obligations are of immediate effect:
 The obligation not to discriminate between different groups of people in the realization of the rights in question;
 The obligation to take steps (including devising specific strategies and programmes) targeted deliberately towards the full realization of the rights in question; and
 The obligation to monitor progress in the realization of human rights. Accessible mechanisms of redress should
be available where rights are violated.
Chapter IX
POST COLD-WAR HUMAN RIGHTS DEVELOPMENT
I. MAIN FEATURES:
- (i). Human rights development since the end of the cold war has seen a positive trend: As the Cold War ended and
ideological competition waned, the three themes of human rights, economic development and democratization gradually came together. Donor governments and multilateral funding agencies began to explore both the theory and practice of all three areas more fully and to frame programs supportive of all three areas, on the assumption that they con71
stituted an integrated package. The concept of development right as a right and human rights-based approach seem to
merge in aid assistance practice that help to effectively promote democratic process and human rights protection.
Cold war‘s high prioritization of one group of rights over the others became obsolete.
- (ii) However, there remains remnants of the cold-war attitudes and rhetoric that still greatly affect and separate some
people‘s state of the mind:
 A majority of countries/people tend to focus on the positive aspects of human rights development that has
emerged since the end of the Cold War. They see the global trend toward democratization proceeds and governments are giving more attention to human rights in foreign affairs. The 1993 Vienna World Conference on Human
Rights provided an opportunity for such trend to prevail when it reaffirmed the universality and interdependence
of rights embodied in the 1948 Universal Declaration of Human Rights and subsequent conventions.
 The other groups of people, a minority though, have not been able to depart from the cold war approach in addressing current human rights issues and problems; because they were living with it for so long. Very often they
miss the positive part of the development trend and tend to argue lopsidedly to one extreme, being obsessed by
their old way of analysis and political confrontation. Many human rights institutions/NGOs are still working based
upon their cold-war mandates, while they expect the others to change their approach. That explains why some developing countries also stress upon non-selectivity, non-discrimination, non-confrontation and avoidance of
double standards and politicization.
(iii) Example of such different views can be seen on the same human rights topic for Asia as quoted hereunder:
 The view by Joanne Bauer from Carnegie Council on "Human Rights in the Post-Cold War Era", appeared on
Google‘s Cache on December 3, 2013 (Written in May 4, 1994):
- ―The World Conference reaffirmed the universality and interdependence of rights embodied in the 1948 Universal
Declaration of Human Rights and subsequent conventions. But there was considerable resistance from a number
of nations insisting upon a much more flexible, culturally sensitive translation and application of human rights
principles. The most intense challenge came from Asia, where a majority of governments argued that the rights of
an individual are not absolute. They maintained that human rights must be placed in the context of different economic and social realities and the distinctive value system of each country‖
- ―The assertiveness of Asian governments reflects a rising economic self-confidence of the region and consequent
growing nationalism. Citing a distinct set of Asian values—such as stability, consensus, and respect for authority—some prominent government officials are claiming an Asian concept of human rights. They continue to resent
Western lecturing on human rights, holding out their records of robust economic growth as evidence that a different development strategy works for Asia. As the subject of human rights grows more prominent in the region, a series of unanswered questions lends urgency to a dialogue: What is the appropriate place of human rights in interstate relations? Are human rights universal or culturally determined? What are the relationships between human
rights, democratization and economic development? Do human rights undermine economic prosperity and political stability? What is the relationship between human rights and the principle of state sovereignty?‖
 ASEAN HUMAN RIGHTS DECLARATION (Monday, 19 November 2012, Except)
WE, the Heads of State/Government of the Member States of the Association of Southeast Asian Nations (hereinafter referred to as "ASEAN")....
- ―REAFFIRMING FURTHER our commitment to the Universal Declaration of Human Rights, the Charter of the
United Nations, the Vienna Declaration and Programme of Action, and other international human rights instruments to which ASEAN Member States are parties‖;
HEREBY DECLARE AS FOLLOWS
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- ―(7) All human rights are universal, indivisible, interdependent and interrelated. All human rights and fundamental freedoms in this Declaration must be treated in a fair and equal manner, on the same footing and with the
same emphasis. At the same time, the realisation of human rights must be considered in the regional and national
context bearing in mind different political, economic, legal, social, cultural, historical and religious backgrounds‖.
- ―(8) The human rights and fundamental freedoms of every person shall be exercised with due regard to the human
rights and fundamental freedoms of others. The exercise of human rights and fundamental freedoms shall be subject only to such limitations as are determined by law solely for the purpose of securing due recognition for the
human rights and fundamental freedoms of others, and to meet the just requirements of national security, public
order, public health, public safety, public morality, as well as the general welfare of the peoples in a democratic
society‖.
- ―(9) In the realisation of the human rights and freedoms contained in this Declaration, the principles of impartiality, objectivity, non-selectivity, non-discrimination, non-confrontation and avoidance of double standards and
politicisation, should always be upheld. The process of such realisation shall take into account peoples’ participation, inclusivity and the need for accountability.‖
II. WHAT IS THE CONSENSUS APPROACH TO HUMAN RIGHTS OBLIGATIONS
Identifying rights and obligations
- In the context of human rights in general, the human individual is the right-holder (of civil, political, social and economic rights for instance) and the duty bearer is the nation state of that individual. As the duty-bearer, the state has a
negative duty that obliges it not to violate human rights, a positive duty to protect the individuals from violation of
human rights, and a duty to full, which requires the state to create frameworks that enables the realization of human
rights. In the context of the right to development, it is the people and their human rights that are at the subjects and
are at the centre of the development process. The human person is the central subject and is the active participant and
the beneficiaries of the right to development.
- Human rights obligations can also attach to private individuals, international organizations and other non-State actors.
Individuals have general responsibilities towards the community at large and, at a minimum, must respect the human
rights of others. However, the State remains the primary duty-bearer under international law, and cannot abrogate its
duty to set in place and enforce an appropriate regulatory environment for private sector activities and responsibilities. National legislation and policies must detail how the State‘s human rights obligations will be discharged at national, provincial and local levels, and the extent to which individuals, companies, local government units, NGOs or
other organs of society will directly shoulder responsibility for implementation.
The Vienna Declaration
- In the Vienna Declaration, the role and duties of the state and of the international community on the right to development are also given clearly. Article 3(1) provides that it is the states that have the primary responsibility for the
creation of national and international conditions favorable to the realization of the right to development; Article 3(3)
refers to the duty of all states to cooperate with each other in ensuring development and eliminating obstacles to development. Article 4 follows to refer to the duty of all states to take steps to formulate international development policies in order to facilitate the full realization of the right to development. The states are therefore duty bearers not only at the national level but at the international level as well.
UNOHCHR’s View: Do human rights depend on culture or other factors?
- The view expressed by the Office of the United Nations High Commissioner on Human Rights (UNOHCHR,
HR/PUB/06/8, New York & Geneva 2006) on this point is quite clear: ―International human rights are universally recognized regardless of cultural differences, but their practical implementation does demand sensitivity to culture‖.
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- ―The international human rights framework itself acknowledges cultural diversity by limiting the ambit of international human rights to a range of standards on which international consensus is possible. However, ―culture‖ is neither static nor sacrosanct, but rather evolves according to external and internal stimuli. There is much in every culture
that societies quite naturally outgrow and reject. In any case, culture is no excuse not to ensure the enjoyment of human rights. For instance, harmful traditional practices, such as female genital mutilation, even if embedded in longstanding cultural customs, need to change if they are in conflict with international human rights standards. United Nations-supported development efforts should assist the full realization of international human rights standards whatever
the country concerned‖
III. THE RIGHT TO DEVELOPMENT
- Nowadays, references to the right to development are seen in all major UN documents. The right includes: full sovereignty over natural resources, self-determination, popular participation in development, equality of opportunity and
the creation of favorable conditions for the enjoyment of other civil, political, economic, social and cultural rights.
The right to development, by incorporating all human rights and recognizing that all rights and freedoms are indivisible and interdependent, is presented as a fusion of all human rights and fundamental freedoms. There is universal
consensus that development is important to humanity as it would enable every person in the world to enjoy their
rights and freedoms– civil and political, economic, social and cultural as well as other specified rights and to pursue
what they value.
- The existence of a right to development was first asserted in 1977 by the UN Commission on Human Rights (Res 4.
XXXIII.1977). Following many years of debate that was centered on the conceptual differences regarding the right
and the political differences of states that reflected the cold war tensions, the General Assembly adopted the Declaration on the Right to Development (DRD) in 1986, proclaiming that:―The right to development is an inalienable human right by virtue of which every human person and all peoples are entitled to participate in, contribute to, and enjoy economic, social cultural and political development, in which all human rights and fundamental freedoms can be
fully realized‖ (Article 1 Declaration on the Right to Development GA Res.41/128). In the 1993 Vienna Declaration,
it was declared that the right to development is ―a universal and inalienable right and an integral part of fundamental
human rights‖ (Vienna Declaration part 1.10).
- This idea is not only ―appealing‖, but is the primary objective and the means of development. When the fundamental
freedoms are ensured, people are empowered to resist arbitrary incarceration and racial discrimination to demanding
an end to hunger and starvation. The right to development would therefore ensure the eradication of the various constraints that lock humans in impoverishment and deprivation, in terms of material goods and the ability to exercise their rights. Specific reference to the cooperation to eliminate the obstacles to development is therefore made in
the Vienna Declaration. The Declaration does outline the actions to be taken, and calls for international co-operation
in achieving these rights.
- However, not everyone is satisfied with the moral or legal basis for the right to development. When it was finally
proclaimed in the 1986 Declaration, a large majority accepted it with the US casting the only negative vote and with
eight other countries abstaining. The US accepted it only in 1993 at the Vienna World Conference on Human Rights
where full international consensus was obtained. But the US was clear during the drafting stage that it would not allow the Declaration to impose obligations for the transfer of resources under the guise of a right to development. The
discussion on the right to development has continued to be a ―prisoner to political controversy ―with a North-South
divide on the issue.
- Nevertheless, development right can now be accepted as having broad international support and also said to have legal force as its constituent rights are recognized in treaties such as the International Covenants on Civil and Political
Rights and on Economic, Social and Cultural Rights. It is well received by those in the South. Most developing countries use the right to development to raise concerns about the negative impacts certain aspects of international trade,
the unequal access to technology and the burden of debt that continue to have on them.
- The United Nations has identified six key human rights principles to apply in development policy and practice.
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 Universality and Inalienability: Human rights are universal and cannot be taken away.
 Indivisibility: All rights are inherent to the dignity of every person, whether they are civil, political, economic,
social or cultural rights and they should not be ranked in importance.
 Inter-dependence: The realization of one right often depends, wholly or in part, upon the realization of others.
 Equality and Non-discrimination: Everyone is entitled to their rights without discrimination of any kind, such as
race, sex, ethnicity, age, language, religion, opinion, and disability.
 Participation and Inclusion: Everyone is entitled to meaningful participation in public affairs directly or through
freely chosen representatives.
 Accountability and Rule of Law: States and other duty-bearers are answerable for the observance of human
rights.
The last three principles in this list are particularly relevant for those managing development activities. Equality of
opportunity is not possible when discrimination exists. We cannot understand the day-to-day nature of discrimination
if some people are prevented from participating in the development of public policy and we do not learn how discrimination affects them as a result. Without reporting against human rights standards we cannot monitor progress. Rule
of law is strengthened when all individuals are assigned rights in law which cannot be removed or infringed by elite
or majority rule. Assisting citizens to understand and claim their rights is a powerful tool for accountability. When
citizens are aware of their rights they are better able to hold their governments to account for development policy and
expenditure.
III. HUMAN RIGHTS-BASED APPROACH
- Human rights remained a highly politicized issue during the Cold War, with a division between states which prioritized civil and political rights and those which promoted economic, social and cultural rights. The view taken by
many developed countries considering that the recognition of human rights as the ground rules for development and
development programming stems from the 1993 World Conference on Human Rights in Vienna, the first and second
UN Reform programmes of the UN Secretary-General, and the Millennium Summit of 2000. The 2005 World Summit Outcome highlights the fundamental nature of human rights by stressing that peace and security, development
and human rights are interlinked and mutually reinforcing. In the context of the Outcome Document, human rights
are intrinsically linked to all the major issues on the development agenda of the United Nations.
- The late 1990s and early 2000s have seen the unanimous adoption of human right-based policies by the donor community (to be part of the donor governance agenda) and in the majority of donor development agencies, including
both bilateral and multilaterals such as the European Commission. The UN system has been leading the way with a
process of human rights mainstreaming since 1997. It is argued that integrating human rights into development cooperation helps to achieve more effective social outcomes, and that a focus on human rights can improve the coherence,
quality and effectiveness of aid.
- Particularly, it is contented that a human rights-based approach would lead to better sustained results of development
efforts and greater returns on investments by:
o Building the capacity of prime actors to engage in dialogue, meet their own responsibilities and hold the State
accountable;
o Strengthening social cohesion through seeking consensus with participatory processes, and focusing assistance
on the excluded and most marginalized;
o Codifying social and political consensus on accountabilities for results into laws, policies and programmes
aligned with international conventions;
o Anchoring human rights entitlements within a framework of laws and institutions;
o Institutionalizing democratic processes; and
o Strengthening the capacities of individuals and institutions to carry out their obligations as expressed in local,
national and international laws, policies and programmes.
- The consensus reached at the 1993 Vienna World Conference recognizes that ‗All human rights are universal, indivisible and interdependent and interrelated‘ (UN, 1993: Para 5), which implies that states and their aid agencies
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should not priorities one set of rights over the other. The Vienna Consensus also affirmed that: ‗democracy, development and respect for human rights and fundamental freedoms are interdependent and mutually reinforcing.
- Vietnam‘s agrees to the UN approach to HRs based development, hence its enjoyment of substantive development
assistance and national poverty eradication projects during the last decades.
IV. ENVIRONMENT RIGHTS
- Environment refers to the natural world both living and non-living, and covers terrestrial, marine, and atmospheric
environments, and includes physical cultural resources (e.g. sites and assets of heritage value). Environmental rights
can be understood as rights to an environment that is healthy and safe.
- In spite of the danger of rights inflation, there are doubtless norms that should be counted as human rights but are not
generally so treated. The right to a safe environment can be conceived as primarily imposing responsibilities on governments and international organizations. It calls on them to regulate the activities of both governmental and nongovernmental agents to ensure that environmental safety is maintained. Citizens are secondary addressees. This right
sets out a minimal environmental standard, safety for humans, rather than calling for higher and broader standards of
environmental protection (Countries that are able to implement higher standards are of course free to enact those
standards in their law or bill of rights.)
- A justification for this right must show that environmental problems pose serious threats to fundamental human interests, values, or norms; that governments may appropriately be burdened with the responsibility of protecting people
against these threats. Unchecked environmental degradation and pollution, over exploitation of resources, and low levels of resilience to environmental hazards leads to weak societies and instability, and can, in the long term, undermine growth. To be sustainable, economic growth is dependent upon a healthy environment, conserved and sustainably managed natural resources, and communities resilient to environmental impacts from climate change, climate variability and other natural hazards and to social impacts.
- Environmental protection is expensive and difficult, and many governments will be unable to do very much of it
while meeting other important responsibilities. The problem of feasibility in poorer countries might be addressed as it
was in the ―CESCR‖. That Covenant commits governments not to seek the immediate realization of social rights for
all, but rather to making the realization of such rights a high-priority goal and beginning to take steps towards its fulfillment.
V. NON-GOVERNMENT ACTORS
1. NGOs:
- International non-governmental human rights organizations monitor what they see as human rights issues around the
world and promote their views on the subject. Human rights organizations frequently engage in lobbying and advocacy in an effort to convince the United Nations, supranational bodies and national governments to adopt their policies on human rights. Many human-rights organizations have observer status at the various UN bodies tasked with
protecting human rights.
- Regarding the ICCPR, NGOs are encouraged to participate whenever the Committee considers a country's compliance with the treaty. Many groups submit information in the form of "shadow reports," and provide Committee
members with a list of suggested questions and areas of concerns regarding the country report. The Committee relies
in part on factual information and analysis provided by NGOs to counter information submitted by the government in
its report. As the Concluding Observations are not legally binding and have no enforcement mechanism, NGOs play a
key role in highlighting these recommendations and ensuring their implementation. There is criticism of human-rights
organizations which use their status but allegedly move away from their stated goals.
3. Corporations
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- Multinational companies play an increasingly large role in the world, and have been responsible for numerous human
rights abuses. Although the legal and moral environment surrounding the actions of governments is reasonably well
developed, that surrounding multinational companies is both controversial and ill-defined. Multinational companies'
primary responsibility is to their shareholders, not to those affected by their actions. Such companies may be larger
than the economies of some of the states within which they operate, and can wield significant economic and political
power. No international treaties exist to specifically cover the behavior of companies with regard to human rights,
and national legislation is very variable.
- On June 16, 2011, the UN Human Rights Council unanimously endorsed the UN Guiding Principles on Business and
Human Rights (Guiding Principles) in a resolution cosponsored by the U.S. government, which is the first broadly
accepted global set of guidelines on business and human rights. The Guiding Principles provide an important framework for corporations, states, civil society, and others as they work to strengthen their respective approaches to the issue of business and human rights. Before that, in August 2003 the Human Rights Commission's Sub-Commission on
the Promotion and Protection of Human Rights produced draft Norms on the responsibilities of transnational corporations and other business enterprises with regard to human rights. These were considered by the Human Rights Commission in 2004, but have no binding status on corporations and are not monitored.
- In 2011, The UN Guiding Principles were used in the update to the Organization for Economic Cooperation and Development Guidelines for Multinational Enterprises (OECD Guidelines).The OECD Guidelines, established in 1976,
are recommendations from 44 national governments to enterprises regarding responsible business conduct. The 2011
update to the OECD Guidelines included a human rights chapter, which draws upon and is in line with the Guiding
Principles
- On 5/1/2013, the U.S. Department of States (Bureau of Democracy, Human Rights & Labor) has issued a document
entitled ―U.S. Government Approach on Business and Human Rights‖ which provides ―examples of laws, regulations
and policies relevant to the intersection between these issues, and what U.S. companies should know when it comes
to respecting human rights throughout their global operations‖.
Chapter X
VIETNAM POLICY APPROACH TO HUMAN RIGHTS, NATIONAL LAW
AND MECHANISM TO PROTECT AND PROMOTE HUMAN RIGHTS
I. POLICY STATEMENT
- Human rights become an issue of particular interest for the Communist Party of Vietnam, as the country has turned its
course towards international integration. In the 1991 Political Platform, the Communist Party of Vietnam stressed on
"building a democratic and civilized society for the legitimate interest and dignity of the people". The Party‘s viewpoint on human rights was officially expressed in the documents of the Sixth Party Congress back in 2001 which
stated its promoted objectives ―to take care of the people, to protect rights and legitimate interest of everyone; to respect and implement international treaties on human rights that Vietnam has ratified or acceded to.‖ These human
rights objectives have been further reaffirmed in the subsequent Party Congress in 2006 and 2011. The Political Report of the Party Central Committee expressly recognized the obligation of the state to institutionalize and implement
citizen‘s rights and human rights effectively. It also confirmed the policy of the Party to be open to human rights dialogue with other countries, and related international and regional organizations.
- In 2005, for the first time, the Ministry of Foreign Affairs has published a white paper on human rights issues, which
―provides a comprehensive outlook on the views and policies that Vietnam pursues to realize human rights, as well as
the country's achievements in the field‖ (Vice Minister Le Bang). A comprehensive approach to human rights, as
stated by the Government, reiterates that ―all rights should be treated equally;...rights and freedoms of individuals can
77
only be protected on the basis of respect for the common rights and interests of the nation and community; rights go
along with obligations to the society" (VNMoFA, 2005, loc.cit, p. 4).
- As far as the issue of human development is concerned, the Vietnamese Government's standpoint is not to separate
the implementation of human rights and the issue of human development. Vietnam asserts that promotion and protection of human rights are a crucial factor for sustainable development, ensuring successful implementation of the national industrialization and modernization cause. In its expressed words, ―Vietnam considers human beings both as
the goal and the driving force of the national building; human beings are placed at the center of all socio-economic
policies‖.
II. HUMAN RIGHTS IN VIETNAMESE LAWS
I. Constitutional Rights:
- Recognition of civil and political rights as well as economic, social and cultural rights was established in the first
Constitution of Vietnam in 1946, consisting of 18 Articles in Chapter II ―Citizen Rights and Obligations‖. The 1959
and 1980 Constitutions marked a step forward with 21 Articles and 29 Articles respectively on the citizen‘s rights and
obligations. The 1992 Constitution contains 34 provisions on ―Citizen Rights and Obligations‖ (Chapter V). In the
newly amended 2013 Constitution, for the first time in history ―Human Rights‖ have been fully incorporated in the
Constitution‘s chapter (Chapter II), standing in pair with the ―Rights and Obligations of the Citizen‖.
- The 1992 which was adopted in the midst of Vietnam‘s Doi Moi reforms and was recognized as the most important
step in laying the foundations for legal expansion of the citizen‘s rights. Realizing the crucial role of the rule of law,
the 1992 Constitution (Article 4) provided that the state of Vietnam governs society by the law. The Constitution also
provides for the first time that: ―The state develops a multi-sectors market economy driven by market mechanism and
managed by the state, following socialist orientation. The multi-sect oral structure of the economy with diversified
types of productions and business organizations is rested on the forms of public ownership of all people along with
collective and private ownership‖ (Article 15). Among its amended provisions, the Constitution firmly recognizes
private ownership and provides legal guarantees against nationalization (Article 23) and ensures that foreign investment and trade are to be encouraged (Articles 24 and 25). These constitutional amendments reflected a completely
new approach towards the private sectors‘ role and its important status. A number of new provisions on rights were
introduced or supplemented to reinforce the human rights contents. For example, Article 57 on the right to free enterprise was introduced for the first time; Article 68 on freedom of movement and residence was supplemented by the
right to freely travel abroad and to return in accordance with the law; Article 69 on freedom of opinion and speech
and freedom of the press was supplemented with the right to be informed; Article 70 on freedom of religion was supplemented with ‗all religions are equal before the law‘; and Article 72 now provides for the presumption of innocence
and freedom from punishment before the sentence of a Court has acquired full legal effect. The constitution also
reaffirms the right to participate in the management of the State and society (Article 53), the right to vote and to stand
for elections (Article 54), the right to work (Articles 55 and 56), the right to do business (Article 57), the right to
property and inheritance (Article 58), the right to education (Article 59), the right to do scientific and technological
research, the right to invention, copyrights, industrial property rights (Article 60), the right to healthcare (Article 61),
the right to housing (Article 62), the right to gender equality (Article 63), the right to marriage and family (Article
64), the right of the child (Article 65), the rights of the youth (Article 66), the rights of war invalids, wounded soldiers, martyrs, families credited with meritorious service to the revolution, the elderly, persons with disabilities, orphans (Article 67), the right to inviolability of the body (Article 71), the right to be presumed to be innocent (Article
72), the right to inviolability of residence and correspondence (Article 73), the right to make petition and complaints
(Article 74).
- The newly revised 2013 Constitution reflects Vietnam‘s more expressed viewpoints on the protection and respect of
human rights, and ensuring better implementation of citizens‘ fundamental rights and obligations. It devotes the
whole Chapter II stipulating human rights and citizens‘ rights and obligations. Human rights have also been stated in
many articles of the revised Constitution. The legal document also stipulates new rights as a result of the nearly
three-decade renewal process in line with international treaties on human rights of which Vietnam is a member.
II. Other Laws
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- The Criminal Code and the Criminal Procedures Code have been amended to improve and ensure the strictness of the
law in dealing with and preventing crimes while also reflecting the humanitarianism aspect. The 1999 Criminal Code
specifies that the objective of penalty is not only to punish but also educate criminals to help them become useful persons for the society (Article 27); life imprisonment is not applicable to juvenile offenders (Article 34); death penalty
is not applicable to juvenile offenders, pregnant women or children under 36 months of age. The 2003 Law on Criminal Procedures provides the principle that no one is considered guilty and subject to penalty until proven by a valid
court verdict (Article 9); the detained and the accused have the right to defense or to retain others to give defenses for
him/her (Article 11). If the accused do not invite defense lawyer, the investigation agency, people‘s procuracy, the
court are responsible for inviting defense lawyer in the following cases: the accused may be subject to the highest penalty of capital punishment; the accused are juvenile or subject to physical or spiritual impairment. Other rights, such
as freedom of association, freedom of movement, the right to education, the right to health, and the right to form trade
unions, as well as additional aspects of the right to a fair trial, are further provided in the Civil Code 2005, Civil Procedure Code 2004.
- Since 1986, Vietnam has promulgated over 40 codes and laws, over 120 ordinances, approximately 850 Government
documents and more than 3,000 regulatory documents issued by Ministries and agencies. Most human rights are recognized in these various laws. Voting rights, for example, are regulated by the Law on the Election of Deputies of the
National Assembly, the Law on the Organization of the Government, the Law on the Election of Members of the
People‘s Council, and the Law on the Organization of the People‘s Council and People‘s Committee. The Law on
Gender Equality, adopted on 29 November 2006, has incorporated many international human rights standards to protect the rights of women including the principles of equality and non-discrimination (Article 6) and the promotion of
gender equality in different aspects of social and family life (Articles 11-18).
- The Law on the Press, revised on 12 June 1999, and the Law on Publication recognize the right of all citizens to exercise their freedom of speech through the press, and provide for freedom of the press and freedom of information.
Freedom of religion and belief is regulated by the Ordinance on Religion and Belief adopted in 2004. The 2003 Criminal Procedure Code provides that ―citizens, agencies, and organizations shall have the right to file a complaint; citizens shall have the right to file a denunciation against unlawful actions in criminal proceedings made by bodies or
persons conducting criminal proceedings or any other persons of these bodies‖ (Article 31). This Code recognizes the
right of everyone who participates in criminal proceedings, such as persons in detention, custody, and accused persons, to lodge a complaint against decisions of bodies or individuals who are involved in the conduct of criminal proceedings. The right to redress and fair compensation is also specified in different legal documents, including Resolution 388 (2003) on compensation or restitution for damages caused by the authorities in the process of criminal proceedings, and by a Circular of the National Assembly‘s Standing Committee on the restitution for damage caused by
an official of the Ministry of Public Security in the process of criminal proceedings. The recognition of these rights
has contributed to the protection of civil and political rights, such as the right to a fair trial.
- The Law on HIV Prevention and Control adopted in 2006 provides regulation to eliminate stigma and discrimination
and to protect the rights of people living with HIV. The Law on Domestic Violence, which was recently adopted at
the 12th National Assembly and came into force from 1 July 2007, is another effort to protect the human rights and
dignity of women in Vietnam. In 2006, the Law on Social Insurance seeks to implement a system of social welfare
for issues such as sickness, maternity benefits, pensions, unemployment insurance, social security funds, and social
security organizations, and to this end the Law provides regulations, policies, rights and obligations applicable to employers, employees and other administrative bodies. To provide a better social security net for farmers, especially
with regard to access to health insurance, the Ministry of Labor, Invalids and Social Affairs (MoLISA) is also developing a proposal on a National Policy on Voluntary Social Insurance for Farmers.
- Considerable effort, indeed, has been invested in providing the legal framework through which human rights concerns across the board - civil and political, as well as economic and social rights - are addressed. The acid test, however, for these rights guarantees, is how well they are respected and enforced in practice. The Government‘s program
of ratification of the principal international human rights instruments provides important international standards
against which progress in this regard can be measured.
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III. INTERNATIONAL OBLIGATIONS
1. Ratifying United Nations Instruments
Vietnam is a party to most of the important UN conventions on human rights. A list of the main human rights instruments to
which Vietnam is a party and analysis of the state‘s compliance with the obligations contained in the following Table:
TABLE B: UN HUMAN RIGHTS TREATIES VIETNAM IS A PARTY MEMBER
Treaty
Date of Accession
or Ratification
Reservation
Declaration
International Covenant on Civil
and Political Rights (ICCPR)
24/9/1982
No declaration
made under
Article 41
International Covenant on Economic, Social and Cultural
Rights (ICESCR)
International Convention on the
Elimination of All Forms of Racial Discrimination (CERD)
24/9/1982
Convention on the Elimination of
All Forms of Discrimination
against Women (CEDAW)
Convention against Torture and
Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT)
Convention on the Rights of the
Child (CRC)
17/2/1982
9/6/1982
Additional
Protocols
Not a party to Additional
Protocol 1 and 2
No declaration
made under
Article 14
Not a party to the Optional
Protocol
Accession: Not yet
Ratification: 29/2/1990
International Convention on the
Accession: Not yet
Protection of the Rights of All
Migrant Workers and Members
of Their Families (MWC)
Convention on the Rights of PerSignatory 22/10/2007
sons with Disabilities (CRPD)
Ratification: 2014
Convention for the Protection of Accession: Not yet
All Persons from Enforced Disappearance (CED)
Convention on the NonAccession: 6/5/1983
Applicability of Statutory Limitations to War Crimes and Crimes
Against Humanity,
Convention on the Suppression
Accession: 9/6/1981
and Punishment of the Crime of
Apartheid
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Reservations* to
Article 5 (1), (2),
(3) and (4)
(withdrawn later)
Party member to Optional
Protocols on the Involvement
of Children in Armed Conflict and on the Sale of
Children, Child Prostitution
and Child Pornography
Vietnam has made reservations to Article 5 (1), (2), (3) and (4) of the Optional Protocol on the Sale of Children, Child
Prostitution and Child Pornography, concerning certain extraditable offences. Subsequently, Vietnam amended article 343
of its Criminal Procedure Code, bringing it in line with the provisions of Article 5 of the Optional Protocol and as such the
Government has indicated that the reservation will be withdrawn.
2. International Labor Organization (ILO) instruments
TABLE C: ILO CONVENTIONS VIETNAM IS A PARTY MEMBER
No
1
2
3
4
5
6
7
8
Treaty
Date of Accession
Convention No. 29 concerning Forced or Compulsory Labor
Convention No. 100 concerning Equal Remuneration for Men and Women Workers for Work of
Equal Value
Convention No. 111 concerning Discrimination
in Respect of Employment and Occupation
Convention No. 138 concerning Minimum Age
for Admission to Employment
Convention No. 182 concerning the Prohibition
and Immediate Action for the Elimination of the
Worst Forms of Child Labor
Convention No. 87 concerning Freedom of Association and Protection of the Right to Organize
Convention No. 98 concerning the Application
of the Principles of the Right to Organize and to
Bargain Collectively
Convention No. 105 concerning the Abolition of
Forced Labor
Reservation
Declaration
Ratified on 5/3/ 2007.
Ratified on 7/10/1997
Ratified on 7/10/ 2007.
Ratified on 24/6/2003
Ratified on 19/12/ 2000
Not ratify yet
Not ratify yet
Not ratify yet
IV. HUMAN RIGHTS PROTECTION AND PROMOTION IN THE COUNTRY
1) Overview
- As with all countries, assessing the levels of protection of human rights will depend upon who you ask and which
rights you are talking about. Thus, in the eyes of the Government of Vietnam, economic, social and cultural rights are
undoubtedly its priority concerns. Viet Nam has experienced two decades of rapid economic growth and very significant declines in poverty. Transformations in Viet Nam‘s economic institutions resulting from the implementation of
Doi Moi have been crucial, along with the implementation of a range of policies designed to promote economic and
social wellbeing for the people. Viet Nam‘s transition to a market-based economy improved both economic and political opportunities for people and the government to realize human rights. Economic expansion has not only permitted
increased individuals/households‘ incomes and changed lifestyles but also to help to broaden their access and knowledge to rights.
- Vietnam‘s development strategy involves comprehensive reforms across all policy areas, so as to ensure business development, preserve social inclusion, manage natural resources and strengthen governance. Data indicate dramatic
declines in poverty and impressive progress across a range of development indicators. Many of Viet Nam‘s achievements have been impressive indeed. However, reforms have not progressed at the same pace across all areas. Despite
Vietnam‘s progress in poverty eradication, relative poverty will emerge as a more important phenomenon than abso81
lute poverty in the coming decade. The system of social service provision still has important weaknesses. It is also
clear, that Viet Nam‘s current education system is inadequate to the country‘s current and future needs. While the
government continues to promote equity and quality of education, especially primary education, significant gaps remain, most notably between majority Kinh and minority ethnic groups.
- There can be no doubt that poverty alleviation and social/economic advancement constitute a basic foundation to any
serious attempts to protect and promote human rights – civil and political, as well as economic and social. However,
it is not itself a guarantor of such protection, especially if its impact is uneven, as for example in the case where urban
communities have generally fared much better than rural ones. Further government action is necessary if the rights to
housing, health, education, and an adequate standard of living are to be attained, let alone rights to a fair trial, privacy,
expression, association, movement and political thought secured.
2) Achievements in Civil and political rights
- Despite the focus on economic and social rights in recent years, there have been positive steps taken towards better
protecting certain civil and political rights. Though they may be limited, they are nonetheless notable. Thus, for example:
- Right to life - further to the current practice of the death penalty being imposed only in the most serious offences, the
government has pursued a policy of narrowing the scope of capital punishment, gearing towards its abolishment in
the future. The White Paper on Human Rights notes that the number of offences subject to capital punishment under
the Penal Code 1999 has been reduced from 44 to 29 (at p.23), and a proposal to reduce the number still further to 20
has been made by the Central Judicial Reform Commission to the Ministry of Public Security. The offences to be
dropped are mainly economic ones such as fraud, embezzlement, bribery and counterfeiting.
- Prohibition of torture - the issue of torture has been discussed, principally among academic circles. A number of
workshops, seminars and studies on the possibility of accession to the UN Convention against Torture have been
conducted with recommendations for Vietnam to prepare a roadmap for becoming a state party to the Convention.
For example, in December 2003 an international seminar on the Torture Convention was held in Hanoi by the Vietnamese Research Center for Human Rights and the Ministry of Foreign Affairs.
- Freedom of association - a Law on Associations (which is in fact a constitutionally protected right) has been in development since 1993, and a draft was reviewed by the National Assembly in 2006, but, due to the inability of the
Government and the National Assembly to agree on certain important provisions, the law was removed from the
agenda. Conflicting opinions persist on such fundamental points as state management of associations, and the scope
of application of the law.
- Fair trial rights - among the judicial and legal sector reforms instituted in recent years, advances have been made towards safeguarding the right to fair trial generally and access to courts and to remedies in particular. The Law on
Complaint & Denunciation and Resolution 388 have together provided new rights and remedies aimed at enhancing
the fairness and probity of criminal proceedings. But the capacities of both the judiciary and the legal profession are
still very limited, and in consequence there remains a sizeable gap between the rights provided in law and the mechanism for their actual implementation.
- Rights of women and children - There have also been developments in the recognition of the rights of women, such as
the adoption of the Law on Gender Equality of November 2006, which entered into force on 1 July 2007, and
amendments to the Land Law and the Law on Marriage and Family in 2003, which aim at eliminating discrimination
against women and promoting gender equality. The 2001 Law on the Election of National Assembly Deputies and the
2003 Law on the Election of Members of the People‘s Council established a quota system for female deputies and set
targets for women‘s representation in public bodies at different levels. Vietnam has also made progress regarding the
rights of children, achieving a commendably high rate of immunization coverage, and engaging in efforts to achieve
universal enrolment at primary school level. Amendments to the Criminal Code in 1997 and 1999 introduced new offences and more severe penalties for crimes related to the sexual exploitation of children.
82
3) Problems and challenges
- As already noted above, there is a sizeable gap between the rights provided in law and the mechanism for their actual
implementation. Freedom of the press has made considerable advances. For example, in 1990 there were only 258
newspapers and journals in Vietnam, but now there are 553 printed newspapers, nearly 700 publications and 200
electronic newspapers; today more than 80% of households have access to radio, and 70% have access to television;
all provinces and cities have radio and television stations with increasing broadcasting time; and foreign TV channels
such as CNN, BBC, TV5, DW, RAI, and HBO are widely broadcast. However, despite the much vaunted 1999 revision of the Press Law which brought about many of these changes, there remain contentious viewpoints regarding
implementation of this right.
- In its Concluding Observations in 2002, the UN Human Rights Committee was concerned about the large number of
crimes for which the death penalty may still be imposed, despite the above-mentioned reduction in crimes which carry the death penalty. The definition of certain acts such as opposition to order and national security violations, for
which the death penalty may be imposed, were considered excessively vague and therefore inconsistent with Article
6(2) of the ICCPR. The Committee was also concerned about the continued use of administrative detention, and the
ability of persons to be kept under house arrest without the intervention of a judge or judicial officer.
- Vietnam has a weak judicial system, owing to decades of neglect and the current lack of qualified, professionally
trained lawyers, and a lack of resources for the judiciary. Certain government practices seriously compromise the independence of the judiciary, such as the fact that the judiciary seeks the opinion of the National Assembly‘s Standing
Committee with respect to the interpretation of laws; that the Standing Committee sets criteria and instructions binding on the judiciary; and that the term of appointment of judges is only for 4 years, which prevents security of tenure.
- Despite progress, there are still significant impediments to the full enjoyment of human rights by women and children. For example, in respect of gender equality, the UN Committee on the Elimination of Discrimination against
Women in its 2007 Concluding Observations expressed concern about the women in the informal economy, which
negatively affects their eligibility for social security and other benefits, including health care. The Committee noted
the persistence of patriarchal attitudes and deep-rooted stereotypes regarding the roles and responsibilities of women
and men within the family and society at large. The rates of prosecution and conviction of traffickers and persons
who exploit the prostitution of women remain alarmingly low and there are inadequate mechanisms in place for the
rehabilitation and reintegration of victims. Further, a high proportion of girls drop out of school, and girls in rural and
remote areas do not have full access to education. Generally speaking, women in rural and remote areas, and ethnic
minority women, are the worst off, typically lacking sufficient access to health services, education, and employment.
- With respect to children, the UN Committee on the Rights of the Child (CRC) has expressed concern that insufficient
resources have been allocated to the development of health infrastructure and education in remote and mountainous
areas, and that a lower level of development indicators for ethnic minorities suggests the existence of societal or institutional discrimination regarding their access to health care and education. There are problems with birth registration
in rural or mountainous areas, and a high number of inter-country adoptions, suggesting that inter-country adoption is
not a measure of last resort, but a decision often taken on economic grounds and inadequately regulated by the state.
Concerns have also been expressed over the persistently high rates of maternal mortality, infant mortality, and malnutrition among children, and the widespread incidence of economic exploitation of children in the agricultural sector,
as well as in gold mines, timber operations, the service sector and private sector enterprises. There are economic
grounds to believe that some of these concerns, in respect of the general levels of the health and welfare of children,
have improved since this CRC report in 2003, but in large measure, the particular problems it highlighted remain today.
4) Social Rights are of specific concern.
- There are certain human rights concerns that are associated with rapid trade expansion and economic development.
First, the harsh realities of international commercial competition that Vietnam‘s businesses will now be exposed to by
way of liberalized trade, which will inevitably lead to business failures as well as successes. The learning curve may
be very steep for Vietnamese businesses, at least initially, as they lack experience of such competitive practices on the
83
global scale. Business failures, of course, will have a direct effect on employment and the litany of rights that directly
and substantially rely on employment for their achievement - adequate standard of living, housing, sustenance and
health care. Secondly, the social impacts attached to unequal distribution of benefits and the widening gap between
rich and poor, both within Vietnam and between Vietnam and the rest of the world, may put certain sectors including
agriculture, manufacturing, and private business at risk, and render certain groups of people including women, children, and ethnic minorities more vulnerable.
5) Poverty and the right to adequate nutrition
- The combination of state poverty reduction and hunger elimination programs, radical shifts in land policy that effected the distribution of agricultural land to rural households, and the general health of the national economy have
brought significant improvements for Vietnam in the guarantee of the right to food. Vietnam has now moved from a
country with a chronic lack of food to the second largest exporter of rice.
- However, the poverty incidence rate in Vietnam is still high, a particular with people living in the uplands and midlands, and ethnic minority families where 70-80% are poor and many are living in chronic poverty. Realization of the
right to food encompasses the right to adequate nutrition. It is therefore incumbent on the Government to regulate the
market in essential foodstuffs such as to ensure the availability and provision of basic nutritional needs, particularity
those of young children. Despite the relatively successful efforts of the government to combat malnutrition in recent
years, infant and child malnutrition was still high among ethnic minority groups in the midlands and Northern uplands of the country. Certainly, any prospect of the elimination of subsidization for certain products and programs
would negatively impact on children‘s rights to adequate nutrition.
6) Right to health
- An essential feature of Vietnam‘s socio-economic development strategy is improving the standards of, and access to,
health care for its people. On recent figures only 38% of households have health insurance or access to free health
care. The liberalization of the health sector will certainly affect the accessibility and affordability of health care services. The fear is that, at least in the short term, the opening up of a hitherto highly centralized industry will be detrimental to overall provision of health services, and especially for the rural poor. This fear is founded on Vietnam‘s
earlier experience of legalizing private health services and introducing user charges at public hospitals. The result of
this policy was that it shifted the burden of health care financing from the state to households, with health care costs,
and especially hospital costs, constituting a serious burden on low-income families. It also exacerbated the gap between rich and poor regarding access to, and the quality of, health services. Those in the richest 20% of the population have contact with a provincial or central hospital 4.5 times more often than those in the poorest 20%. Lowincome families are the largest users of Community Health Stations, where the quality of services is generally perceived to be of a poorer quality than that provided by public hospitals or private clinics.
- Vietnam, like all poor countries, faces inherent difficulties in ensuring affordable access to pharmaceuticals for its
people. Vietnam‘s obligations under the Trade Related Agreement on Intellectual Property Rights to recognize and
enforce patent rights may compound this struggle. The issue is of particular importance in respect of the protection of
the right to health of people living with HIV/AIDS.
7) Gender Equality
- When compared to other countries with a similar level of income and development, Vietnam is a relatively strong
performer on progress on gender equality. In 2010, the Children‘s Women Index, which measures the aggregate
health, education, economic and political status of women, placed Vietnam at 24th out of the 77 countries making up
the second tier of the United Nations‘ development groups (less developed nations). The government has indeed been
progressively establishing a legal framework for gender equality, which is increasingly supported by institutions and
programmes to support women‘s advancement, especially the implementation of the laws on gender equality and on
domestic violence. In terms of education, the adult female literacy rate is relatively high, with no overall gender gap
in mainstream primary or secondary education, although an estimated 20% of ethnic minority girls drop out of school
84
early. Strengthening reproductive health services contribute to a low maternal mortality rate. Women‘s participation
in the labor force is substantial, and Vietnamese women‘s representation in the National Assembly at 26%, is among
the highest in Asia, although women remain markedly under-represented in the rest of the political system.
8) The right of children to education
- While the transition to a market economy has increased economic growth in Vietnam, it has also had a negative impact on the implementation of the economic, social and cultural rights of children, for instance by increasing the financial burden on households for health and education services. Vietnam has committed under GATS to liberalize 11
different service sectors, including education. Vietnam has already opened up its tertiary education sector, particularly in such areas as technical and natural sciences, business management, economics, accountancy, international law
and languages. The challenge in education is the higher fees of education services that will now enter the local market
which is beyond the reach of many. At base, access to education for children in rural areas - from both poor and even
richer families - is fundamentally linked to the commercial viability of the agricultural sector; when agriculture suffers, household incomes drop, and so too the affordability of education.
9) Rights of ethnic minorities
- While economic liberalization may bring benefits to the majority of the population, certain human rights of ethnic
minorities such as the right to food, right to education, right to health, and right to adequate standard of living are under threat. Ethnic minority groups have not equally benefited from the advances Vietnam has made over the past decade in combating poverty to the same degree enjoyed by the rest of the population. While the national poverty rate
decreased significantly from 58% in 1993 to 20% in 2004, the poverty rate among ethnic minorities reduced respectively from 86 to 61%. Minority groups in Vietnam make up 14% of the population (i.e. slightly over 10 million
people), but constitute 39% of the poor. It has become a major concern that ethnic minorities are participating less
and benefiting inadequately from the growth process. Their opportunity of accessing rights is also lessened accordingly. In 2004, the poverty rate for ethnic minorities was 61%, which is approximately 4.5 times the national poverty
rate. Such figures signal systemic disadvantage and fundamental threats to the human rights of ethnic peoples.
10) Labor & workplace rights
- The combination of fast growth of Vietnam‘s industrial sector and the low based infrastructure from which it develops, has placed pressure on the government and on corporations to attend to issues of labor and workplace relations,
as well as health and safety standards for employees. Vietnam substantially revised its Labor Code in 2002 to incorporate the various ILO standards it has signed up to, although problems and gaps remain, which will be exacerbated
by the demands of further commercial expansion and trade liberalization.
- There is concern in particular with how to combat sweat-shop conditions, as evident in the working conditions of
many private companies. Wildcat strikes in and around Ho Chi Minh City in 2006, involving thousands of workers
protesting against poor pay and working conditions, requested from the Government a 40% increase in the minimum
wage for workers in foreign owned corporations (to US$54 per month), which was the first such rise since 1999.
There are particular human rights concerns regarding women in the workforce, as highlighted in the burgeoning garment industry, and regarding ‗internal migrant‘ workers.
11) Rights of women working in the garment industry
- Vietnam‘s textile and garment industry accounted for 16% of all exports in 2004. The export-oriented garment industry is labor intensive, and has been a significant source of new jobs, particularly for women, who make up approximately 78% of garment workers. Statistical analysis of female garment workers shows that they are often young (20–
30 years), generally single and without children. The overwhelming majority of female garment workers have migrated to the city from rural areas, where levels of poverty, unemployment and underemployment are all high. Most
are leaving agricultural work in rural areas to seek out wage employment in the city. However, labor conditions in the
garment industry are not always satisfactory. Garment workers face long hours sitting in the same position, carrying
85
out repetitive tasks, often in hot, noisy and dusty factories, and because of this, most do not stay more than a couple
of years in the industry.
- Surveys among female workers demonstrate that they generally work overtime, often an additional 10 to 15 hours per
week, which puts pressure on their ability to visit their home town or participate in cultural activities. Garment workers receive lower levels of pay than other wage earners in the urban economy, and they are at particular risk of unemployment due to their low level of professional qualifications. Increased competition in the garment and footwear industries could increase this risk of unemployment. Events have demonstrated that these export-oriented industries,
and the people they employ, are vulnerable to fluctuations in the international market.
- Beyond the garment industry, female employment is disproportionately concentrated in casual work or the informal
economy (26% of women compared to 19% of men), rather than wage-earning employment (26% women, and 41%
men). As noted by the Committee on the Elimination of Discrimination against Women in 2007, women working in
the informal economy lack access to social security and health care services. The Committee called upon Vietnam to
enforce regulations of the Labor Code regarding access to social services for the benefit of women working in export
processing zones.
12) Internal migrant workers’ rights
- There is an increasing internal migration from rural to urban areas in Vietnam. High levels of underemployment in
the rural agricultural sector, and the promise of earning a wage in the city, have precipitated this trend. However, a
particular difficulty faced by workers who migrate from rural to urban areas is that they lack formal rights to live in
the city, under Vietnam‘s household registration system. This can make it difficult to access municipal services, such
that migrant workers may face higher housing, water and electricity costs, higher costs of medical treatment and education, and higher administrative costs. Temporary or unregistered migrants often face difficulties finding decent
housing and live in more crowded accommodation.
- Many who migrate to urban areas end up working in casual labor, and are especially vulnerable to abuse or violence,
particularly sexual abuse which leads to a risk of HIV infection and other sexually transmitted diseases. Migrants are
at a disadvantage when it comes to accessing social and health care services, including access to contraceptives, reproductive health, STDs and HIV/AIDS prevention. Most temporary migrants have no health insurance, and a fear of
high medical costs often results in delays in seeking treatment. Despite these risks and disadvantages, internal migration has allowed many people from rural areas to find work, especially in the manufacturing industries. Many internal
migrants send remittances back to their families, and studies show that this has played a critical role in poverty reduction in many rural areas.
Chapter XI
CLASS SEMINAR AND COURSE EVALUATION
Seminar Topic:
Sustainable development and human rights challenges for Vietnam in the next decade
Tips: (a) Specify Vietnam‘s development vision toward 2020, analyze the major challenges to sustainable development Vietnam might be facing, and relate to the major/topical human rights challenges that should be addressed comprehensively by the government as well as the whole society (economic growth & poverty eradication, social equity,
education, health, environmental problems, climate change, and crimes prevention for example: drugs, human trafficking, family violence, corruption...); and then discuss ―your institutions ‗role‖ in such regards.
Presentation: Group preparation and presentation are expected. As usual, students shall be grouped in probably 4
teams, each focusing on a specific topic assigned by the instructor to prepare for the presentation and answering the
questions raised by other groups during seminar. Topic assignment should be done at least one week before conducting the class seminar.
86
Guiding Conclusion: Summary of the discussions and guiding conclusion to the main points discussed should be
presented by the course instructor in the end of the workshop so as to consolidate students‘ proper comprehension of
the questions in seminar.
Topics Assignment: Read the passages below and prepare your answers
Topics
1
Seminar Issues
Prepare your answers
- Strong economic performance during the past
decade has enabled Viet Nam to achieve middleincome status in 2010. Vietnam Government has
the set the goal to become a modern industrialized
nation by 2020, and to increase GDP per capita by
70% by 2015, up to USD 2,100 per person (GOV,
2010).
- Are you confident in the above goal? Is there any
risk that Vietnam may fall into the ―middle income
trap‖? What need to be done by Vietnam to attain
sustainable & inclusive growth and to achieve such
ambitious goal (coping with global economic
shocks, enhancing competitiveness, upgrading labor
skills and educational capacity, developing innovation base for high value added industries and services, dealing with new poverty risks and vulnerabilities, strengthening social protection systems, reducing disparities among regions)? Do you think human rights play an important role in achieving sustainable development as their realization contributes
to social and political stability and capacity for innovation?
2
- Viet Nam is the third most populous country in
Southeast Asia and 14th in the world. Due to the
rapid population growth, arable land resources per
capita have become increasingly scarce. Over the
1996-2008 period, the average usable land area per
capita had reduced by around 2000 m2, from 4979
to 2935 m2, which is equal to about half of the
world level in the year of 2007. Nevertheless, a
large proportion of agricultural land which has
been diverted for urbanization and industrialization purposes (223 industrial zones in 2008) is not
fully used. More seriously, the majority of Viet
Nam‘s land is classified as degraded. Land degradation is caused by both natural and anthropogenic
phenomena.
- Whilst the opportunity was lost for Vietnam and
the regional provinces to plot successful solutions to
the above problems, what solutions do you think
that may help to redress the situation toward more
sustainable development? Does the issue of land
and land-use affect the poverty eradication effort?
How to practically assist the rural poor households
to escape poverty? What are the major solutions to
increase agricultural productivity and high quality
products? What kinds of special/specific assistance
should be given to people of mountainous areas and
ethnic minority groups?
3
- Population growth, intensive agricultural production, industrialization and urbanization combined
have increased water demand as well as waste discharged to water. This leads to decrease in stock of
available water quantity. In addition, many wastewater treatment plants in industrial parks fail to
operate properly. Consequently, a large amount of
untreated industrial waste is discharged into the
environment every day. Overuse and misuse of
agricultural chemicals (i.e. pesticides, herbicides
and insecticides) also stands as the most significant danger to water resources and the rural environment, health of farmers and agricultural prod87
- What can be planned for mitigating water scarcity
and avoiding the bad environmental effects? Does
the construction of upstream dams negatively affect
the hydrological regimes in lower deltas? What
should be proposed through implementation of sustainable manufacture and consumption to ensure
environment and ecological balance? How to regulate overuse and misuse of agricultural chemicals?
How to enforce and enhance environmental laws?
What kind of actions or campaigns do you think we
can propose in this regard?
ucts consumers.
4
- Urbanization has occurred rapidly over the last
two decades. In 1990, there were 500 towns. Currently, this number increased to 743. The urban
population is growing fast. Projections suggest that
by 2040 the urban population will exceed the rural
population. Urban area contributes about 65-70%
of economic outputs; however, urban social problems remain highly acute with expanding rate of
unemployment, urban migration, crime, disease
and deteriorated environment. The poverty rate
(surveyed by WB) was about 6.6 % in 2007. As
the urban population increases steadily, Vietnamese cities would face the awful conditions not only
in terms of traffic jams, but also pollution and
sharp rises in living costs. Drainage system capacity only meets 60% of the cities‘ need. Despite
progress, safe disposal of solid waste is becoming
a major issue, particularly in the larger cities.
- Do you think the high pace of urban development
has been accompanied by sufficient planning?
Should we limit ―freedom of movement‖ into the
cities? How can we resolve the serious housing
shortage in big cities, especially to support lowincome sectors but to avoid expanding slums? How
to cope with the urban vices in your city (crimes,
drugs, prostitution, HIV, corruption)? How to educate your children and protect the young girls from
these vices? What need to be done to support the
urban poor and the vulnerable? Why we need to
support their equal access to the social services?
What can we do to help making our city a safe and
enjoyable place to live in?
Glossary
- ACCESSION: Acceptance of a TREATY by a state that did not participate in its negotiation or drafting.
- ACCOUNTABILITY AND RULE OF LAW: The notion or principle that States and other duty-bearers are responsible for the observance of human rights.
- CONVENTION: Binding agreement between states; used synonymously with TREATY and COVENANT. Conventions are stronger than DECLARATIONS in that they are legally binding for signatory states. The United Nations
General Assembly creates international norms and standards when it adopts conventions. When national bodies ratify
treaties they become part of their domestic legal obligations.
- DECLARATION: Document represents agreed upon standards but which is not legally binding, e.g. Declaration on
the Rights of Indigenous Peoples.
- DUTY BEARERS AND RIGHTS HOLDERS: In a human rights-based approach (HRBA) to development, human
rights determine the relationship between individuals and groups with valid claims (rights-holders) and State and nonState actors with obligations (duty-bearers). It identifies rights-holders and corresponding duty-bearers and works towards strengthening the capacities of rights-holders to make their claims, and of duty-bearers to meet their obligations. It is often the state, which bears a duty to respect, protect and fulfill people's rights. The duty-bearer can also be
a private entity such as a corporation, a family, or a local government.
- EQUALITY: The notion that all human beings are entitled to the same human rights without distinction. Article 2 of
the Universal Declaration of Human Rights (UDHR) embodies an equality principle. Equality does not necessarily
mean treating people the same but rather taking steps to ensure equality of opportunity and access to justice.
88
- OFFICE OF THE HIGH COMMISSIONER FOR HUMAN RIGHTS (OHCHR): United Nations office charged with
the promotion and protection of Human Rights worldwide. Based in Geneva, Switzerland it acts as a secretariat to the
Human Rights Council. It has regional offices is the Pacific in Suva and Port Moresby.
- HUMAN RIGHTS SYSTEM: Refers to the various groupings of human rights laws, courts, investigatory bodies and
other organizations at the national, regional and international levels, which may provide enforcement mechanisms,
and monitoring and reporting procedures.
- INDIVISIBILITY: All human rights are inherent to the dignity of every person, whether they are civil, political, economic, social or cultural rights and they should not be divided and ranked in importance.
- INTERNATIONAL BILL OF RIGHTS: Expression used to describe the combination of the Universal Declaration of
Human Rights, the International Covenant on Civil and Political Rights and the International Covenant on Economic,
Social and Cultural Rights.
- INTERNATIONAL HUMAN RIGHTS LAW: The term which is often used as reference to describe international
human rights treaty systems, but this can be a source of confusion as there is no separate entity as "international human rights law" yet an interlocking system of non-binding conventions, binding international treaties, domestic law,
international organizations and political bodies.
- INTER-DEPENDENCE: The realization of one human right often depends, wholly or in part, upon the realization of
others.
- PARTICIPATION AND INCLUSION: Everyone is entitled to meaningful participation in public affairs directly or
through freely chosen representatives.
- PROGRESSIVE REALISATION: States who are a party to the covenant on economic, social and cultural rights,
agree to take steps, individually or through international assistance and cooperation, to the maximum of their available resources, with a view to achieving progressively the full realization of the right recognized in the Covenant.
There is recognition that developing countries cannot achieve full realization immediately. The covenant on civil and
political rights has no such proviso - these rights come into effect immediately.
- RATIFICATION: Process by which a legislature confirms a government‘s action in signing a treaty; formal procedure by which a state becomes bound to a TREATY.
- RULE OF LAW: A principle of governance in which all persons, institutions and entities, public and private, including the State itself, are accountable to laws that are publicly promulgated, equally enforced and independently adjudicated, and which are consistent with international human rights norms and standards.
- SPECIAL PROCEDURES: The special procedures of the Human Rights Council are independent human rights experts with mandates to report and advise on human rights from a thematic or country-specific perspective. The system
of special procedures is a central element of the United Nations human rights machinery and covers all human rights:
civil, cultural, economic, political, and social. As of 1 January 2013 there are 36 thematic and 12 country mandates.
One example is a ―special rapporteur‖ who is a person appointed to compile information on a subject usually for a
temporary period and to report to the Human Rights Council.
- STATE PARTIES: Governments that have ratified a TREATY.
- TREATY-MONITORING BODY: Body (usually called a Committee or Commission) set up by a treaty to monitor
how well STATE PARTIES follow their obligations under that treaty.
- UNIVERSALITY AND INALIENABILITY: The notion that human rights are universal and cannot be taken away.
89
APPENDIX
HUMAN RIGHTS COURSES & REFERENCE MATERIALS
AT THE VDA AND OTHER IN-COUNTRY UNIVERSITIES
National Consultant Teams
December 2013
90
APPENDIX I
A. THE VDA BA COURSE CURRICULUM IN INTERNATION LAW
(Excerpt & English translation by the TNC)
Specialization:
International Law
Training Category:
Regular
Course Code:
D380108
I. COURSE DESCRIPTION
II. GENERAL OBJECTIVES
III. INSTRUCTION MODES
IV. COURSE OUTLINE
7.1 FOUNDATION PHASE (16 Credits)
Course
No
Subjects
Code
Credits
7.2. PROFESSIONAL ORIENTATION PHRASE
7.2.1. Basic Orientation (10 Credits)
No Course Code
Subjects
Credits
10. 52.PT.009.2 World History
2
11. 52.PT.006.2 Psychology
2
12. 52.PT.005.2 Logical Analysis
2
13. 52.PT.007.2 Sociology
2
14. 52.IL.001.2 General theory of State and Law
2
7.2.2. Specialized Orientation (15 Credits)
No Course Code
Subjects
15. 52.IL.003.2
16.
Constitution Law
2
Vietnam Civil Law and Civil Procedures
3
Vietnam Commercial Law
2
52.IL.006.2
Selective Branch of Vietnamese Law
1**
2
52.IL.007.2
Selective Branch of Vietnamese Law
II**
2
52.IL.008.2
Selective Branch of Vietnamese Law
III**
2
52.IL.004.3
17. 52.IL.005.2
18.
19.
20.
Credits
21. 52.IL.009.2 Comparative Law
2
** The Faculty may select other law subjects (Enterprise Law, Administrative Law, labor Law,
Marriage Law, Banking Law, Financial Law, Intellectual Property Law, Land Law, Environmental
Law in combination to these topics.
7.2.3 PROFESSIONAL ORIENTATION
7.2.3.1 General Topics for Professional Orientation - Required Course (12 Credits)
No Course Code
Subjects
Credits
91
22. 52.IL.011.2 Public International Law I
2
23. 52.IL.012.2 Public International Law II
2
24. 52.IL.013.2 Private International Law I
2
25. 52.IL.014.2 Private International Law II
2
26. 52.IL.015.2 International Economic Regulations
2
27. 52.IL.016.2 International Business Regulations
2
7.2.3.2. Specialized Topics for Professional Orientation-Selective Courses (16 Credits)
The Specialized Topics shall be delivered in dual languages- English and Vietnamese. Students
may choose to complete the 16 required credits in selecting the following courses:
Public International Law
No Course Code
Subjects
Credits
28. 52.IL.017.2 International Treaties Law
2
29. 52.IL.018.2 International Human Rights Law
2
30. 52.IL.019.2 Law on International Organizations
2
31. 52.IL.020.2 Law of the Sea
2
32. 52.IL.021.2 International Environment Law
2
33. 52.IL.022.2 Resolution of International Disputes
International Economic Law
No Course Code
Subjects
2
Credits
34. 52.IL.023.2
International Law on Investment
2
35. 52.IL.024.2
International Commercial Law I
2
36. 52.IL.025.2
International Commercial Law II
2
52.IL.026.2
International Law on Intellectual
Property
2
52.IL.027.2
Resolution of International Economic
Disputes I
2
52.IL.028.2
Resolution of International Economic
Disputes II (English)
2
37.
38.
39.
Selective Courses self-designed as opted by future recruiters and approved by the Faculty
Students can select at maximum 3 self-designed courses as opted by their future recruiters,
subject to the Faculty‘s approval:
No Course Code
Subjects
Credits
40.
52.IL.030.2 Selective I
2
41.
52.IL.031.2 Selective II
2
42.
52.IL.032.2 Selective III
2
7.2.4. Supplementary foreign Languages (30 Credits)
No Course Code
Subjects
Foreign
French)
43.
52.E.010.4
Language
(English
Credits
and
+ Basic English I
92
4
52.F.001.4
+Basic French I
Foreign Language II (English and
French)
44.
52.E.011.4
+ Basic English II
52.F.002.4
+Basic French II
Foreign Language III (English and
French)
45.
52.E.012.4
+ Basic English III
52.F.003.4
+Basic French III
4
4
Specialized Foreign Language I (English and French)
4
52.E.014.2
+ English listening comprehension I
2
52.E.015.2
+ English Reading Comprehension I
2
52.F.004.2
+ French listening comprehension I
2
52.F.005.2
+ French Reading comprehension I
2
Specialized Foreign Language II
(English and French)
4
52.E.016.2
+ English listening comprehension II
2
52.E.017.2
+ English Reading Comprehension II
2
52.F.006.2
+ French listening comprehension II
2
52.F.007.2
+ French Reading Comprehension II
2
Specialized Foreign Language III
(English and French)
4
52.E.018.2
+ English listening comprehension III
2
52.E.019.2
+ English Reading Comprehension III
2
52.F.009.2
+ French listening comprehension III
2
52.F.020.2
+ Country Studies & French Political
Life
2
49.
52.E.021.2
English Translation I
2
50.
52.E.022.2
English Translation II
2
51.
52.F.024.2
French Translation I
2
52.
52.F.025.2
French Translation II
2
Selective English and French Upgration
2
46.
47.
48.
53.
7.2.5. Supplementary Knowledge (10 Credits)
Students can choose any subjects listed hereunder to complete the 10 required credits:
7.2.5.1. International Relations
No Course Code
Subjects
Credits
54.
52.IR.005.2 Modern International Relations (post
1945)
2
55. 52.IR.006.2 International Relations Analysis
2
56. 52.IR.007.2 Introduction to Diplomacy
2
57. 52.IR.010.2 Vietnam Foreign Policy
2
93
58. 52.IR.011.2 International Negotiations
7.2.5.2. International Economics
No Course Code
2
Subjects
Credits
59. I52.E.003.2
Micro-Economics 1
2
60. I52.E.005.2
Macro-Economics 1
2
61. I52.E.008.2
International Economic History
2
62. I52.E.013.2
International Commerce
2
63. I52.E.002.2
Probability and Statistics Theory
2
7.2.5.3. International Communication
No Course Code
Subjects
Credits
IC.004.2
Public Communication and Social
Development
2
IC.005.2
State management and Law on the
Press
2
66.
IC.009.2
Introduction to Public Relations
2
67.
IC.011.2
Communication Methodology Studies
2
68.
IC.014.2
Variety Forms of the Press
2
64.
65.
7.2.6. Graduation Exam or Internship + Written Thesis (12 credits)
No Course Code
Subjects
Credits
69. 52.AD.003.2 Orientation
2
70. 52.SAD.001.3 Internship
3
71.
7
52.GT/GE
Graduation Thesis
B. THE VDA COURSE CURICULUM FOR MA IN INTERNATIONAL LAW
(Excerpt & English translation by the TNC)
1. COURSE CODE (MÃ NGÀNH): 60380108
2. TRAINING PERIOD (THỜI GIAN ĐÀO TẠO): 18 months to 3 years.
3. CREDITS (KHỐI LƢỢNG KIẾN THỨC TOÀN KHOÁ): 42
4. COURSE OUTLINE (NỘI DUNG CHƢƠNG TRÌNH):
Credits
STT
No
Part 1
1.1
Part 2
2.1
2.1.1
1
Subjects
General Orientation
Philosophy
Basic Orientation
Specialized Orientation
Required Course
Public International Law, Current Is-
Each
Subject
3
3
30
15
5
3
94
(Classification)
Prerequisite
Lên lớp (in Class)
Reading
Lec Tut Discussion
1
2
1
1
2
1
2
2
2.1.2
1
2
3
4
5
6
7
2.2
2.2.1
1
2.2.2
1
2
3
4
5
6
7
8
9
10
11
Part 3
sues
Sources of International Law, Theory
and Practice)
Selective Courses
International Mechanism on Human
Rights Protection
International Law on Environmental
Protection)
Vietnam Foreign Policies in the Doi
Moi)
Asia-Pacific Security
Vietnam Externl Economic Relations
Foreign Affairs Information
international Negotiations
Specialized Orientation
2
1
1
1
2
10
2
1
1
1
2
2
1
1
1
1
1
1
2
2
2
2
1
1
1
1
1
1
1
1
1
1
1
2
3
12
3
2
1
1
2
1
2
2
2
2
2
2
1
1
1
1
1
1
1
1
1
1
2
2
2
2
2
3
2
1
1
3
3
2
2
2
1
1
1
2
1
1
1
1
2
15
3
Required Orientation
Mechanism of Peaceful Resolutions of
International Conflicts
Selective Orientation
International Commercial Law
International Law on Foreign Investment
International Business Law, Advanced
Intellectual Property Law
International Copy Rights Law
International Resolution of Commercial
Disputes by Arbitration
International Law on Land Frontiers
International Law on Usage and Management of the Sea
Maritime Law
Specialized topic: Vietnam‘s Land
boundaries with Neighbouring Countries
Specialized topic: South China Sea
Disputes
Thesis
Total
2
9
42
95
2
APENDIX II
REFERENCE MATERIALS ON HUMAN RIGHTS
AT VIETNAM NATIONAL UNIVERSITY, LAW FACULTY (Excerpt)
1. HUMAN RIGHTS LAW PUBLICATIONS BY VNU’S LAW FACULTY
2. HUMAN RIGHTS LAW MANUAL
PUBLISHED BY VNU’S LAW FACULTY
This law Course Manual contains 9 chapters as follow:
Chapter 1: Introduction to Human Rights, Theories and Legal Concepts
Chapter 2: Concepts on Human Rights
Chapter 3: International Law on Human Rights
Chapter 4: Civil and Political Rights in International Law
Chapter 5: Economic, Social and Cultural Rights in International Law
Chapter 6: Human Rights Laws on Dis-advantaged Groups
Chapter 7: International Mechanism on Protection and Enhancement of Human Rights
Chapter 8: Historical Development of Major Approaches and Policies of the Party and State of Vietnam
Chapter 9: Law and Mechanism for Human Rights implementation in Vietnam
Reference Materials listed in the above Human Rights Law Manual (Excerpt)
Reference materials, Chapter 1
Reference materials, Chapter 2
1). Tuyên ngôn toàn thế giới về nhân
quyền năm 1948 (1993 (trong Giới
thiệu các văn kiện pháp lý quốc tế về
quyền con ngƣời, Khoa Luật Đại học
Quốc gia Hà Nội, 2011).
(2). Tuyên bố Viên và Chương trình
hành động năm 1993 (trong Giới thiệu
các văn kiện pháp lý quốc tế về quyền
con ngƣời, Khoa Luật Đại học Quốc
gia Hà Nội, 2011).
(1). Khoa Luật VNU, Hà Nội, Hỏi – Đáp về quyền con
người, Nxb Công an Nhân dân, 2010.
(2). Khoa Luật VNU, Luật nhân quyền quốc tế - Những
vấn đề cơ bản, Nxb Lao động-Xã hội, 2011.
(3). Khoa Luật VNU, Luật quốc tế về quyền của những
người dễ bị tổn thương, Nxb Lao động-Xã hội, 2011.
(4). Khoa Luật VNU, Tuyên ngôn quốc tế nhân quyền
1948- Mục tiêu chung của nhân loại, Nxb Lao động-Xã
hội, 2011.
(5). United Nations, Human Rights: Question and An96
Reference materials, Chapter 3
(1). Trung tâm Nghiên cứu quyền con
ngƣời (Học viện Chính trị Quốc gia
HCM), Các văn kiện quốc tế về quyền
con người, Nxb Chính trị quốc gia,
1998.
(2). Hội Luật gia Việt Nam, Tập hợp
các văn kiện pháp lý quốc tế cơ bản về
quyền con người, Nxb Tƣ pháp, 2007.
(3). Trung tâm Nghiên cứu quyền con
ngƣời (Học viện Chính trị Quốc gia
(3). C.Mác – Ph.Ăngghen, Về quyền
con người, Nxb Chính trị Quốcgia,
1998.
(4). Wolfgang Benedek (Chủ biên),
Tìm hiểu về quyền con người, Nxb Tƣ
pháp, 2008.
(5). Học viện CT-HCQG Hồ Chí
Minh, Trung tâm nghiên cứu quyền
con ngƣời, Giáo trình Lý luận về
quyền con ngƣời (dùng cho hệ cử
nhân), Hà Nội, 2002.
(6). Phạm Minh Hạc và Hồ Sỹ Quý
(Chủ biên), Nghiên cứu con người:
Đối tượng và những hướng chủ yếu,
Nxb Khoa học Xã hội, 2001.
(7). Vũ Công Giao, Lã Khánh Tùng,
Khái quát về giáo dục quyền con
người ở Việt Nam hiện nay (trong Kỷ
yếu Hội thảo Kết nối nghiên cứu về
quyền con ngƣời do Bộ Ngoại giao tổ
chức ngày 4-8-2008).
(8). Võ Khánh Vinh (Chủ biên), Giáo
dục quyền con người – Những vấn đề
lý luận và thực tiễn, Nxb Khoa học xã
hội, 2010.
(9). Vũ Thị Minh Chi, Ý thức về quyền
con người trong việc xây dựng một xã
hội lành mạnh, Tạp chí Nghiên cứu
con ngƣời, số 5(26), 2006.
(10). Vũ Minh Chi, Nguyễn Anh Đào,
Giáo dục quyền con người là giáo dục
tính chủ thể đối với quyền. Tạp chí
Nghiên cứu con ngƣời, số 5(38), 2008.
(11). S.E.Frost, Những vấn đề cơ bản
của triết học, Nxb Từ điển Bách khoa,
H., 2008;
(12). Lý Trấn Anh, Nghiên cứu triết
học cơ bản, NXB Trí thức, 2007.
(13). GA Res A/52/469, 20/10/1997,
http://www.unhUNCHR.ch/huridocda.
(14). Adam Gearey, International
Protection of Human Rights, University of London, 2006.
(15). HURIGHTS OSAKA, Human
Rights education in the School Systems in Southeast Asia - Cambodia,
Indonesia, Lao PDR and Thailand,
2009.
(16). Todd Landman, Studying Human Rights, Routledge, London &
New York, 2006.
(17). Todd Landman, Protecting Human Rights: A Comparative Study,
Georgetown University Press, Washington, D.C, 2005.
(18). United Nations, The UN Decade
for Human Rights Education, 19952004: Lessons for Life, Geneva,
OHUNCHR, 1998.
(19). Nancy Flowers, ―What is Human
Rights Education?‖ trong A Survey of
Human Rights Education, Bertelsmann Verlag, 2003.
(20). Wolfgang Benedek, Human Ser-
swers, Geneva, 1994.
(6). UN, Human Rights Training: A manual on Human
Rights Traning Methodology, New York, 2000.
(7). UN, Compilation of General Comments and Recommendations adopted by human rights treaty bodies
(HRI/GEN/1/Rev.7, 12 May 2004).
(8). UN, Human Rights, A Basic Handbook for UN
Staff, 2004.
(9). UN common understanding on human rights-based
approaches to development, 2003.
(10). OHUNCHR, Freequently Asked Questions on a
Human Rights-based Approach to Development Cooperation, New York and Geneva, 2006.
(11). UNDP, Human Development Report 2000: Human
Rights and Human Development (New York, 2000).
(12). UNDP, Human Development Report, 1994, New
York, Oxford University Press, 1994.
(13). ESCR Committee, General Comment No.3 and 5,
http://www2. ohUNCHR.org/english/bodies/UNHRC
/comments.htm
(15). CNN: ―Ten ideas that changed the world‖, 2005.
(18). John Locke: An Essay Concerning Human Understanding, 1690; Second Tract of Government, 1662;
Questions Concerning the Law of Nature, 1664.
(21). Jacques Mourgon, Quyền con người, Trung tâm
Nghiên cứu quyền con ngƣời, H,.1995, tr.11. Chƣơng
II: Khai quát về quyền con ngƣời
(22). Chu Hồng Thanh: Quyền con người và luật nhân
quyền quốc tế. Nxb Chính trị quốc gia, 1997.
(23). Alston, Philip, "Ships Passing in the Night: The
Current State of the Human Rights and Development
Debate seen through the Lens of the Millennium Development Goals", Human Rights Quarterly. Vol. 27 (No.
3), 2005.
(24). Ball, Olivia; Gready, The No-Nonsense Guide to
Human Rights. New Internationalist. ISBN 1-90445645-6., 2007.
(25). The Siracusa Principles on the Limitation and Derogation Provisions in the International Covenant on
Civil and Political Rights, tại http://www.unhcr.org
(26). Corporations and Human Rights
(http://www.hrw.org/ worldreport).
(27). Norms on the responsibilities of transnational
corporations and other business enterprises with regard
to human rights, http://www.un.org/apps/news/story
(28). V.E.Davidovich, Dưới lăng kính triết học, Nxb
Chính trị quốc gia, 2002.
(29). Murata Yasuo, Về phẩm giá con người, Tạp chí
Nghiên cứu con ngƣời số 4 (31) 2007.
(30). Hội đồng Giám mục Việt Nam, Tóm tắt Học
thuyết Xã hội của Giáo hội Công giáo, Nxb Tôn giáo,
H., 2007.
(31). Các mục tiêu phát triển thiên nhiên kỷ của LHQ,
http://www.un.org/millennium/declaration/ares552e.pdf.
(32). John Stuart Mill, Bàn về tự do, Nxb Trí thức, H.,
2006.
(33). David Betham và Kenvin Boyle, Introducing Democracy 80 Questions and Answers, UNESCO, 2009
(34). Henry Kissinger, "The Pitfall of Universal Jurisdiction", Foreign Affairs (2001),
http://www.foreignaffairs.org
(35). Eddie Bruce-Jones, Lucas Paoli Itaborahy, A world
survey of laws criminalising same-sex sexual acts between consenting adults, ILGA, 2011, tại www.ilga.org
97
HCM), Các văn kiện cơ bản về Luật
nhân đạo quốc tế, Nxb Lý luận chính
trị, 2005.
(4). Trung tâm Nghiên cứu quyền con
ngƣời (Học viện Chính trị Quốc gia
HCM), Luật nhân đạo quốc tế - những
nội dung cơ bản, Nxb Lý luận chính trị,
2005.
(5). Khoa Luật Đại học Quốc gia Hà
Nội, Hỏi – Đáp về quyền con người,
NXB Công an Nhân dân, 2010.
(6). Khoa Luật Đại học Quốc gia Hà
Nội, Luật nhân quyền quốc tế - Những
vấn đề cơ bản, NXB Lao động-Xã hội,
2011.
(7). Khoa Luật Đại học Quốc gia Hà
Nội, Luật quốc tế về quyền của những
người dễ bị tổn thương, NXB Lao
động-Xã hội, 2011.
(8). Khoa Luật Đại học Quốc gia Hà
Nội, Tuyên ngôn quốc tế nhân quyền
1948- Mục tiêu chung của nhân loại,
NXB Lao động-Xã hội, 2011.
(9). Lê Mai Anh (Chủ biên), Giáo trình
Luật quốc tế, Trƣờng ĐH Luật Hà Nội,
Nxb Công an nhân dân, 2006.
(10). G.I.Tukin (Chủ biên), International Law, Moscow Progress Publisher,
1982. Giáo trình lý luận và pháp luật về
quyền con ngƣời
(11). Malcolm N.Shaw, International
Law, Fifth Edition, Cambridge University Press, 2003.
(12). Antonio Casessese, International
Law, Second Edition, Oxford University Press, 2005.
(13). Javaid Rehman, International
Human Rights Law: A Practical Approach, University of Leeds, Longman,
Pearson Education Limited, 2003.
(14). Rhona K.M Smith, International
Human Rights Law, Oxford University
Press, 2007.
(15). Paul Sieghart, The International
Law of Human Rights, Oxford University Press, 1992.
(16). Johannes Morsink, The Universal
Declaration of Human Rights: Origins,
Drafting, and Intent, Philadelphia: University of Pennsylvania Press, 1999.
(17). Mary Ann Glendon, A World
Made New: Eleanor Roosevelt and the
Universal Declaration of Human
Rights, Random House New York,
2001.
(18). Michelin Ishay, The History of
Human Rights: From Ancient Times to
the Globalization Era, Berkeley: University of California Press, 2004.
(19). ICJ, Advisory Opinion on Legal
Consequences on the Construction of a
Wall in the Occupied Palestinian Territory, 2004.
(20). Lauterpacht, H,.: International
curity and Human Rights Education,
ETC, 2002.
(21). Edwin S. Fruehwald, A Biological Basis of Rights (July 28, 2009),
Hofstra University Legal Studies Research Paper No. 09-17.
(22). Antonio Cassese, International
Law (Chapter 19) (second edition),
Oxford University Press, 2005.
(23). Ian Brownlie, Principles of Public International Law (Chapter XXV)
(fifth edition), Oxford University
Press, 1998
(24). G.I.Tukin (chủ biên), International Law (Chapter 13), Moscow
Progress Publishers, 1986.
(36). Gan Shaoping, ―Biên giới quyền con ngƣời trong
các tìm kiếm mũi nhọn của đạo đức học đƣơng đại‖,
Nxb Khoa học xã hội, 2008.
(37). Donald G. McNeil, ―When Human Rights Extend
to Nonhumans‖, The New York Times, July 13, 2008.
(38). Michael Hass, International Human Rights: A
Comprehensive Introduction, Ch.14: New Dimensions
and Challenges. 2008
(39). Council of the European Union, EU Annual Report
on Human Rights 2008, Brussels, 27 November 2008.
(40). Lƣơng Phan, ―Trách nhiệm xã hội góc nhìn từ
doanh nghiệp‘, trong Luận bàn kinh tế (nhiều tác giả),
Nxb Trẻ, 2008.
(41). Upendra Baxi, The Future of Human Rights,
Second Edition, OUP; Costas Douzinas, The End of
Human Rights, Hart Publishing, 2000.
Law and Human Rights, London, 1950,
reprinted in 1968.
(21). Tolley Howard, Jr.,: The U.N.
Commission on Human Rights, Westview Press, Colorado, 1987.
(22). UN Department of Public Information: The United Nations and Human
Rights 1945-1995, New York, 1995.
(23). OHUNCHR, Fact Sheet No.2
(Rev.1), The International Bill of Human Rights, , Geneva, 1996.
(24). Các Nghị quyết số 421 (V) năm
1950, số 543 (VI), số 545 (VI) của Đại
hội đồng Liên hợp quốc, tại
http://www.un.org/documents/resga.htm
Reference Material, Chapter 4- 5- 6
Chapter IV
(15). Khoa Luật Đại học Quốc gia Hà
Nội, Luật nhân quyền quốc tế - Những
vấn đề cơ bản, Nxb Lao động-Xã hội,
2011.
(16). Khoa Luật Đại học Quốc gia Hà
Nội, Luật quốc tế về quyền của những
người dễ bị tổn thương, Nxb Lao
động-Xã hội, 2011.
(17). Khoa Luật Đại học Quốc gia Hà
Nội, Tuyên ngôn quốc tế nhân quyền
1948 - Mục tiêu chung của nhân loại,
Nxb Lao động-Xã hội, 2011.
(18). Rolf Künnemann, A Coherent
Approach to Human Rights, Human
Rights Quarterly 17.2 (1995).
(19). United Nations: Human Rights:
Question and Answers, Giơnevơ,
1994.
(20). United Nations: The Compilation
of International Human Rights Instruments New York and Giơnevơ,
1994 .
(21). United Nations: Manual on Human Rights Reporting, Geneva, 1997.
(22). Raoul Wallenberg Institute of
Human Rights and Humanitarian
Law: General Comments or Recommendations adopted by United Nations Human Rights Treaty Bodies,
Volume 1)
(23). Manfred Nowak, U.N Convenant
on Civil and Political Rights – ICCPR
Commentary, N.P. Engel Publisher.
Reference materials, Chapter 7
Chapter VII
1). Trung tâm Nghiên cứu Quyền con ngƣời - Học viện
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3. HUMAN RIGHTS LAW LIBRARY AT VNU’S LAW FACULTY/CRIGHTS
1. Crights Website: THE INTERNATIONAL HUMAN RIGHTS LAW REFERENCE MATERIALS (ENGLISH)
THE INTERNATIONAL BILL OF HUMAN RIGHTS
Universal Declaration of Human Rights 1948
International Covenant on Economic, Social and Cultural Rights 1966 & 2 Optional Protocols.
Covenant on Civil and Political Rights 1966
THE CORE INTERNATIONAL HUMAN RIGHTS INSTRUMENTS
ICERD International Convention on the Elimination of All Forms of Racial Discrimination
ICCPR International Covenant on Civil and Political Rights
ICESCR International Covenant on Economic, Social and Cultural Rights
100
CEDAW Convention on the Elimination of All Forms of Discrimination against Women
CAT Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
CRC Convention on the Rights of the Child
ICRMW International Convention on the Protection of the Rights of All Migrant Workers and Members of Their
Families
International Convention for the Protection of All Persons from Enforced Disappearance
ICRPD Convention on the Rights of Persons with Disabilities
ICESCR - OP Optional Protocol of the Covenant on Economic, Social and Cultural Rights
UNIVERSAL HUMAN RIGHTS INSTRUMENTS
In addition to the International Bill of Rights and the core human rights treaties, there are many other universal instruments relating to human rights. A non-exhaustive selection is listed below. The legal status of these instruments
varies: declarations, principles, guidelines, standard rules and recommendations have no binding legal effect, but such
instruments have an undeniable moral force and provide practical guidance to States in their conduct; covenants, statutes, protocols and conventions are legally-binding for those States that ratify or accede to them. Information on the
status of ratification of selected instruments is available here. Printer-friendly versions of these instruments may be
downloaded from the CD-ROM Compilation of Universal Instruments accessible online here.
WORLD CONFERENCE ON HUMAN RIGHTS AND MILLENNIUM ASSEMBLY
• Vienna Declaration and Programme of Action
• United Nations Millennium Declaration
THE RIGHT OF SELF-DETERMINATION
• United Nations Declaration on the Granting of Independence to Colonial Countries and Peoples
• General Assembly resolution 1803 (XVII) of 14 December 1962, "Permanent sovereignty over natural resources"
• International Convention against the Recruitment, Use, Financing and Training of Mercenaries
RIGHTS OF INDIGENOUS PEOPLES AND MINORITIES
• Declaration on the Rights of Indigenous Peoples
• Indigenous and Tribal Peoples Convention, 1989 (No. 169)
• Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities
PREVENTION OF DISCRIMINATION
• Equal Remuneration Convention, 1951 (No. 100)
• Discrimination (Employment and Occupation) Convention, 1958 (No. 111)
• International Convention on the Elimination of all Forms of Racial Discrimination (ICERD)
• Declaration on Race and Racial Prejudice
• Convention against Discrimination in Education
• Protocol Instituting a Conciliation and Good Offices Commission to be responsible for seeking a settlement of any
disputes which may arise between States Parties to the Convention against Discrimination in Education
• Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief
• World Conference against Racism, 2001 (Durban Declaration and Programme of Action)
RIGHTS OF WOMEN
• Convention on the Elimination of All Forms of Discrimination against Women (CEDAW)
• Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women (CEDAWOP)
• Declaration on the Protection of Women and Children in Emergency and Armed Conflict
• Declaration on the Elimination of Violence against Women
RIGHTS OF THE CHILD
• Convention on the Rights of the Child (CRC)
• Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child
101
pornography (CRC-OPSC)
• Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict
(CRC-OPAC)
• Minimum Age Convention, 1973 (No. 138)
• Worst Forms of Child Labour Convention, 1999 (No. 182)
RIGHTS OF OLDER PERSONS
• United Nations Principles for Older Persons
RIGHTS OF PERSONS WITH DISABILITIES
• Declaration on the Rights of Mentally Retarded Persons
• Declaration on the Rights of Disabled Persons
• Principles for the protection of persons with mental illness and the improvement of mental health care
• Standard Rules on the Equalization of Opportunities for Persons with Disabilities
HUMAN RIGHTS IN THE ADMINISTRATION OF JUSTICE: PROTECTION OF PERSONS SUBJECTED TO
DETENTION OR IMPRISONMENT
• Standard Minimum Rules for the Treatment of Prisoners
• Basic Principles for the Treatment of Prisoners
• Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment
• United Nations Rules for the Protection of Juveniles Deprived of their Liberty
• Declaration on the Protection of All Persons from Being Subjected to Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
• Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT)
• Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (OPCAT)
• Principles of Medical Ethics relevant to the Role of Health Personnel, particularly Physicians, in the Protection of
Prisoners and Detainees against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
• Principles on the Effective Investigation and Documentation of Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment
• Safeguards guaranteeing protection of the rights of those facing the death penalty
• Code of Conduct for Law Enforcement Officials
• Basic Principles on the Use of Force and Firearms by Law Enforcement Officials
• United Nations Standard Minimum Rules for Non-custodial Measures (The Tokyo Rules)
• United Nations Standard Minimum Rules for the Administration of Juvenile Justice (The Beijing Rules)
• Guidelines for Action on Children in the Criminal Justice System
• United Nations Guidelines for the Prevention of Juvenile Delinquency (The Riyadh Guidelines)
• Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power
• Basic Principles on the Independence of the Judiciary
• Basic Principles on the Role of Lawyers
• Guidelines on the Role of Prosecutors
• Principles on the Effective Prevention and Investigation of Extra-legal, Arbitrary and Summary Executions
• Declaration on the Protection of All Persons from Enforced Disappearance
• Basic Principles and Guidelines on the Right to a Remedy and Reparation
• International Convention for the Protection of All Persons from Enforced Disappearance (not yet into force)
SOCIAL WELFARE, PROGRESS AND DEVELOPMENT
• Declaration on Social Progress and Development
• Universal Declaration on the Eradication of Hunger and Malnutrition
• Declaration on the Use of Scientific and Technological Progress in the Interests of Peace and for the Benefit of
Mankind
• Declaration on the Right of Peoples to Peace
• Declaration on the Right to Development
102
• Universal Declaration on the Human Genome and Human Rights
• Universal Declaration on Cultural Diversity
PROMOTION AND PROTECTION OF HUMAN RIGHTS
• Principles relating to the status of national institutions (The Paris Principles)
• Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect
Universally Recognized Human Rights and Fundamental Freedoms
MARRIAGE
• Convention on Consent to Marriage, Minimum Age for Marriage and Registration of Marriages
• Recommendation on Consent to Marriage, Minimum Age for Marriage and Registration of Marriages
RIGHT TO HEALTH
• Declaration of Commitment on HIV/AIDS
RIGHT TO WORK AND TO FAIR CONDITIONS OF EMPLOYMENT
• Employment Policy Convention, 1964 (No. 122)
FREEDOM OF ASSOCIATION
• Freedom of Association and Protection of the Right to Organize Convention, 1948 (No. 87)
• Right to Organize and Collective Bargaining Convention, 1949 (No. 98)
SLAVERY, SLAVERY-LIKE PRACTICES AND FORCED LABOUR
• Slavery Convention
• Protocol amending the Slavery Convention signed at Geneva on 25 September 1926
• Supplementary Convention on the Abolition of Slavery, the Slave Trade, and Institutions and Practices Similar to
Slavery
• Forced Labour Convention, 1930 (No. 29)
• Abolition of Forced Labour Convention, 1957 (No. 105)
• Convention for the Suppression of the Traffic in Persons and of the Exploitation of the Prostitution of Others
• Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing
the United Nations Convention against Transnational Organized Crime
RIGHTS OF MIGRANTS
• International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families
(ICPMW)
• Protocol against the Smuggling of Migrants by Land, Sea and Air, supplementing the United Nations Convention
against Transnational Organized Crime
NATIONALITY, STATELESSNESS, ASYLUM AND REFUGEES
• Convention on the Reduction of Statelessness
• Convention relating to the Status of Stateless Persons
• Convention relating to the Status of Refugees
• Protocol relating to the Status of Refugees
• Declaration on the Human Rights of Individuals Who are not Nationals of the Country in which They Live
WAR CRIMES AND CRIMES AGAINST HUMANITY, INCLUDING GENOCIDE
• Convention on the Prevention and Punishment of the Crime of Genocide
• Convention on the Non-Applicability of Statutory Limitations to War Crimes and Crimes against Humanity
• Principles of international co-operation in the detection, arrest, extradition and punishment of persons guilty of war
crimes and crimes against humanity
• Statute of the International Tribunal for the Former Yugoslavia
• Statute of the International Tribunal for Rwanda
• Rome Statute of the International Criminal Court
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HUMANITARIAN LAW
• Geneva Convention relative to the Treatment of Prisoners of War
• Geneva Convention relative to the Protection of Civilian Persons in Time of War
• Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts (Protocol I)
• Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of
Non-International Armed Conflicts (Protocol II)
THE INTERNATIONAL HUMAN RIGHTS LAW - REFERENCE MATERIALS (VIETNAMESE)
I.
Vietnamese Authors (Tác giả Việt Nam):
Phạm Ngọc Anh (Chủ biên), Tư tưởng Hồ Chí Minh về quyền con người, NXB Chính trị quốc gia, 2005
Vũ Ngọc Bình (Biên soạn), Quyền con người trong quản lý tư pháp, NXB Chính trị quốc gia, 2000
Vũ Ngọc Bình (Biên soạn), Sách bỏ túi về quyền con người, NXB Chính trị quốc gia, 2002
Vũ Ngọc Bình (Tuyển chọn), Những quy định pháp luật Việt Nam liên quan đến quyền trẻ em, NXB Chính trị quốc
gia, 1998
5. Vũ Ngọc Bình, Giới thiệu Công ước của Liên Hợp Quốc về Quyền trẻ em, NXB Chính trị quốc gia, 2007
6. Huyền Cơ, Luận về chữ Nhân, NXB Trẻ, 2007
7. Bùi Ngọc Cƣờng, Một số vấn đề về Quyền tự do kinh doanh trong pháp luật kinh tế hiện hành ở Việt Nam, NXB
Chính trị quốc gia, 2004
8. Nguyễn Đăng Dung, Tính nhân bản của Hiến Pháp và bản tính của các cơ quan nhà nước, NXB Tƣ pháp, 2004
9. Nguyễn Văn Động, Các quyền hiến định về xã hội của công dân Việt Nam, NXB Tƣ pháp, 2004
10.Nguyễn Văn Động, Các quyền hiến định về chính trị của công dân Việt Nam, NXB Tƣ pháp, 2006
11.Hoàng Văn Hảo, Chu Hồng Thanh (Chủ biên), Một số vấn đề về quyền dân sự và chính trị, Học viện chính trị quốc
gia Hồ Chí Minh-TTNC Quyền con ngƣời, NXB Chính trị quốc gia, 1997
12.Hoàng Văn Hảo, Chu Hồng Thanh (Chủ biên), Các văn kiện quốc tế về quyền con người, Học viện chính trị quốc gia
Hồ Chí Minh, NXB Chính trị quốc gia, 1998
13.Phạm Khiêm Ích, Hoàng Văn Hảo (Chủ biên), Quyền con người trong thế giới hiện đại, Viện thông tin khoa học xã
hội, 1995
14.Phạm Văn Khánh, Góp phần tìm hiểu quyền con người, NXB Khoa học xã hội, 2006
15.Tƣờng Duy Kiên, Quốc hội Việt Nam với việc bảo đảm quyền con người, NXB Tƣ pháp, 2006
16.Bùi Bá Linh, Quan niệm của C.Mác, Ph.Ăngghen về con người và sự nghiệp giải phóng con người, NXB Chính trị
quốc gia, 2003
17.Đinh Văn Mậu, Quyền lực nhà nước và quyền công dân, NXB Tƣ pháp, 2003
18.Nguyễn Thị Kim Phụng, Giáo trình Luật an sinh xã hội, NXB Tƣ pháp, 2007
19.Lê Văn Phú, Công tác xã hội, NXB Đại học quốc gia Hà Nội, 2004.
20.Hồ Sỹ Quý (Chủ biên), Con người và phát triển con người trong quan niệm của của C.Mác và Ph.Ăngghen, NXB
Chính trị quốc gia, 2003
21. Trần Quang Tiệp, Bảo vệ quyền con người trong luật hình sự, luật tố tụng hình sự Việt Nam, NXB Chính trị quốc
gia, 2004
22.Trí Thành, Các quyền tự do dân chủ với nhân dân Đông Dương, NXB Chính trị quốc gia, 2002
23.Việt Nam với vấn đề quyền con người, Bộ Tƣ pháp, Hà Nội, 2005
24.Hội luật gia Việt Nam (Biên soạn), Tập hợp các văn kiện pháp lý quốc tế cơ bản về quyền con người, NXB Tƣ pháp,
2007
25.Hội luật gia Việt Nam, Bảo vệ quyền con người của các nhóm dễ bị tổn thương, NXB Hồng Đức, 2008.
26.Hội luật gia Việt Nam, Pháp luật quốc gia và quốc tế về bảo vệ quyền của các nhóm xã hội dễ bị tổn thương, NXB
Đại học quốc gia Hà Nội, 2007
27.Trung tâm Nghiên cứu quyền con ngƣời, Các văn kiện cơ bản về Luật nhân đạo quốc tế, NXB Lý luận chính trị, 2005
28.Trung tâm Nghiên cứu quyền con ngƣời, Luật nhân đạo quốc tế - Những vấn đề cơ bản, NXB Lý luận chính trị,
2005.
29.Trung tâm Nghiên cứu quyền con ngƣời, Những nội dung cơ bản về quyền con người, NXB Tƣ pháp , 2007.
30.Trung tâm nghiên cứu quyền con ngƣời, Quyền trẻ em, 2003.
31.Viện Nghiên cứu quyền con ngƣời, Các văn kiện quốc tế và luật của một số nước về tiếp cận thông tin, NXB Công an
nhân dân, 2007.
1.
2.
3.
4.
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32.Viện Nghiên cứu quyền con ngƣời, Bình luận và khuyến nghị chung của các Ủy ban Công ước thuộc Liên hiệp quốc
về quyền con người, NXB Công an nhân dân, 2008
33.Quyền tiếp cận thông tin, NXB Tƣ pháp, 2007
34.NXB Chính trị quốc gia, Các quy định pháp luật mới về Quyền của phụ nữ và trẻ em, 2006
35.NXB Chính trị quốc gia, Luật báo chí và các văn bản hướng dẫn thi hành, 2004
36.Văn phòng quốc hội, Quyền của phụ nữ và trẻ em trong các văn bản pháp lý quốc tế và pháp luật Việt Nam, NXB
Chính trị quốc gia, 2003
II. Joint Publication with Foreign Authors (Liên kết tác giả trong nước và nước ngoài):
1. Hiến pháp, Pháp luật và quyền con người- kinh nghiệm Việt Nam và Thuỵ Điển, Trung tâm nghiên cứu quyền con
ngƣời thuộc Học viện chính trị quốc gia HCM và Viện Raoul Wallenberg về quyền con ngƣời và luật nhân đạo, Đại
học Lund, Thuỵ Điển, Hà Nội, 5/2001
2. Quyền con người ở Trung Quốc và Việt Nam (Truyền thồng, lý luận và thực tiễn), (Trung tâm nghiên cứu quyền con
ngƣời thuộc Học viện chính trị quốc gia HCM và Hội nghiên cứu quyền con ngƣời Trung Quốc), NXB Chính trị quốc
gia, 2003
3. Cao Đức Thái, David Kinley, Luật quốc tế về quyền con người, NXB Chính trị quốc gia, 2004
4. Cao Đức Thái, Quyền con người tại Việt Nam và Ôtx-trây-lia, NXB Lý luận chính trị, 2004
III. Tác giả nước ngoài:
37. Farrukh và Jong Li You, Dân chủ kinh tế thị trường và phát triển từ góc nhìn Châu Á, NXB Thế giới, 2002
38.John Locke, Khảo luận thứ hai về Chính quyền, NXB Tri Thức, 2007
39.John S.Mill, Bàn về Tự do, NXB Tri thức, 2006
40.Viện Ngân hàng thế giới, Quyền được nói, NXB Văn hóa thông tin, 2006
41. Giáo án về quyền con người, NXB Đại học Sƣ phạm, 2005
42.Tôn Trung Sơn, Chủ nghĩa Tam dân, NXB
APPENDIX III
COURSE CURRICULUM
HUMAN RIGHTS AND NATIONAL POLICY
Course Title
Course Code
Credits/Length
Prerequisite
Instructor & TA
HUMAN RIGHTS AND NATIONAL POLICY
FIS 205
15 Weeks, 75 Class hours (1 Semester), 5 Credits
International Relations
Nguyen Quy Binh & PhamThuy Linh
Description:
Human rights are international norms that help to protect all people everywhere from severe political, legal,
and social abuses. This course module analyses the philosophy of human rights and provides the students with systematic knowledge on the existence and development of international human rights law and organizations, particularly since after the Second World War with the UN system on protection and promotion of human rights. It also analyses the human rights approach taken by different groups of countries with regard to the states’ duties to implement and fulfill human rights obligations, so as to improve the student’s analytical skills and factual knowledge in
dealing with critical human rights issues.
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Course Objectives:
This course is designed to:
 Develop students’ understanding of the basic contents of Human Rights and the international system of human
rights protection, its making process and institutions involved; and the role the UN in the development and
protection of human rights
 Advance students ‘knowledge of complicated human rights issues, the importance of human rights protection,
insurance and fulfillment and the policies of different states in these respects.
 Help analyze a number of contemporary human rights issues to improve the student’s factual knowledge and
analytical skills in understanding and approaching human rights problems in reality.
Expected Result:
After the course, students ‘ability to apply theoretical human rights knowledge and skills in practice seems to
be one of the most desired results of the education process. The course is intended to enables the students to become
more informed citizens so that they can effectively develop their own capacity to participate in social life, and to be
involved actively in actual work to promote and disseminate human rights in the country.
Course Outline:
Weeks/Chapters
Chapter 1
Chapter 2
Chapter 3
Chapter 4
Chapter 5
Chapter 6
Chapter 7
Chapter 8
Chapter 9
Chapter 10
Chapter 11
Chapter 12
Chapter 13
Chapter 14
Chapter 15
Course Contents
Introduction to human rights: Human right education, human concepts,
philosophy, historical development and theoretic approaches.
Development of international norms and legal system on the protection of
human rights after WW2, and the role of the United Nations.
The UN Treaty Mechanism and International Regimes on human rights enforcement
Civil and Political Rights
Economics, Social and Cultural Rights
International human rights protection for some special groups and newly
emergent issues
Post Cold-War human rights development.
Midterm Review and Class Seminar (States’ obligation to implement human
rights: Obligations to protect, ensure and fulfill )
The U.S. Foreign Policy on Human Rights
The EU Foreign Policy on Human Rights
Developing countries’ approach to human rights, some contentious issues
Vietnam’s human rights policy and implementation
Human rights and sustainable development: Poverty eradication, social equity, access to social services, empowerment of rights to the poor and disadvantages, environmental & climate change problems.
Class seminar on human rights and sustainable development in Vietnam
Revision and Final Exam
Reference
- Antonio Cassese, International Law, Second Edition, Oxford University Press, 2005.
- Anja Seibert-Fohr, Domestic Implications of the ICCPR pursuant to Article 2.2, Max Planck, UNYB 5, 2001.
- Crawford, The Rights of Peoples (Cambridge: Cambridge University Press, 1995);
- Connor Gearty, Civil Liberties (Oxford: Oxford University Press, 2001).
- Michelin Ishay, The History of Human Rights: From Ancient Times to the Globalization Era, Berkeley: University
of California Press, 2004.
- Hurst Hannum, Autonomy, Sovereignty &Self-determination: The accommodation of Conflicting Rights (Philadelphia: University of Pennsylvania Press, 1990);
- Joshua Castellino, International Law & Self-Determination: The Interplay of Politics of Territorial Possession with
Formulations of National Identity (The Hague: Martinus Nijhoff Publishers, 2000).
- James Anaya, Indigenous Peoples in International Law (Oxford: Oxford University Press, 2004).
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- Jack Donnelly, “The Relative Universality of Human Rights,” Human Rights Quarterly 29, no. 2 (2007): 284.
- Javaid Rehman, International Human Rights Law: A Practical Approach, University of Leeds, Longman, Pearson
Education Limited, 2003.
- Javaid Rehman, International Human Rights Law: A Practical Approach, University of Leeds, Longman, Pearson
Education Limited, 2003.
- Makau Mutua, Human Rights: A Political and Cultural Critique (Philadelphia: University of Pennsylvania Press,
2002), 75.
- Mamta Rajawat, Burning Issues of Human rights (Delhi: Kalpaz Publications, 2001), 125.
- Rhona K.M Smith, International Human Rights Law, Oxford University Press, 2007.
- Todd Landsman, Studying Human Rights, Rutledge, London & New York, 2006
- T. W. Bennett, “Human Rights & the African Cultural Tradition,” transformation Journal no. 22 (1993): 35 (accessed 28 September 2008).
- Principles and Guidelines for a HRs Approach to Poverty Reductions Strategies, Office of UNHCHR.
HR/PVB/06/12
- Frequently Asked Questions on HRs-Based Approach to Development Cooperation, Office of HCHR, New YorkGenève 2006.
- UNDP Applying a HRs-Based Approach to Development Cooperation and Programming, UNDP 2006.
- UNESCO / Office of the UN HCHR, Plan of Action – World Programme for Human Rights Education, First Phase.
New York & Geneva, 2006
- Vietnam Development Report, UNDP Country Team, 2010.
- Vietnam’s White Book on Human Rights (http://www.mofa.gov.vn).
- Vietnam’s UPR Report 2009 (http://www.mofa.gov.vn).
WEBSITES
- UN Library Home Page: www.un.org/Depts/dhl/unique
- European Commission on Human Rights: www.dhcommhr.coe.fr
- European Court for Human Rights: www.dhcour.coe.fr/default.hcm
- International Organization: http://WEB.bu.edu/anajam/ir595.html
- Human Rights Dialogue:http:www.cceia.org/lib_hri.html
UN DECLARATIONS
- Universal Declaration of Human Rights (10 December 1948),
- Declaration on the Elimination of Violence against Women (20 December 1993),
- Declaration on the Right to Development (4 December 1986),
- Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect
Universally Recognized Human Rights and Fundamental Freedoms (9 December 1998),
- United Nations Millennium Declaration (8 September 2000).
UN CORE CONVENTIONS
- International Covenant on Civil and Political Rights (ICCPR)
- International Covenant on Economic, Social and Cultural Rights (ICESCR)
- International Convention on the Elimination of All Forms of Racial Discrimination (CERD)
- Convention on the Elimination of All Forms of Discrimination against Women (CEDAW)
- Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT) Convention
against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT)
- Convention on the Rights of the Child (CRC)
- International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families
(MWC)
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APPENDIX IV
1. HCMC UNVERSITY OF LAW:
HUMAN RIGHTS & CITIZEN’S RIGHTS LAW COURSE
Đại học Luật TP Hồ Chi Minh
(CON NGƢỜI – QUYỀN CÔNG DÂN)
1. Regular Course (Môn học Chính quy)
2. Class Hours (Thời lƣợng): 30.
3. Course Objectives (Mục tiêu môn học):
 Mục tiêu nhận thức: Giúp ngƣời học có kiến thức lý luận tổng quát về vấn đề quyền con ngƣời, quyền công dân
trong lịch sử phát triển khoa học pháp lý hiện đại; hiểu đúng về bản chất của mối liên hệ cá nhân - nhà nƣớc – xã
hội; tƣ tƣởng vì con ngƣời, cơ chế bảo đảm quyền con ngƣời, quyền công dân trong xã hội dân chủ;
 Mục tiêu hành động: Biết tìm hiểu, tiếp nhận thông tin, đánh giá khách quan về thực tiễn của mối quan hệ cá nhân
– nhà nƣớc – xã hội với hƣớng tiếp cận đa ngành, liên ngành luật học (cũng nhƣ các lĩnh vực khác) để giải quyết
các vấn đề thực tiễn trong việc bảo đảm quyền con ngƣời, quyền công dân trong quá trình xây dựng Nhà nƣớc
pháp quyền Việt Nam.
4. Reference Materials (Tài liệu học tập):
 Chƣơng trình môn học Quyền con ngƣời – Quyền công dân;
 Khoa Luật – Đại học quốc gia Hà Nội (2009), Giáo trình Lý luận và pháp luật về Quyền con người, Nxb. Chính trị
quốc gia, Hà Nội;
 Wolfgang Benedek (chủ biên) (2008), Tìm hiểu về quyền con người – Tài liệu hướng dẫn về giáo dục quyền con
người, Nxb. Tƣ pháp, Hà Nội;
 Trƣờng Đại học Luật Hà Nội (2008), Giáo trình Luật Hiến pháp Việt Nam, Nxb. Tƣ pháp, Hà Nội;
 Liên hợp quốc (2002), Những nội dung cơ bản về Quyền con người, Trung tâm nghiên cứu Quyền con ngƣời –
Học viện Chính trị quốc gia Hồ Chí Minh, Hà Nội;
 Trung tâm nghiên cứu Quyền con ngƣời - Học viện Chính trị quốc gia Hồ Chí Minh, Các văn kiện quốc tế cơ bản
về quyền con người, Hà Nội, 2002;
 Hệ thống văn bản Luật Hiến pháp Việt Nam, Nxb. Giao thông vận tải, Tp. HCM, 2009;
 Jacques Mourgon (1995), Quyền con người, Trung tâm nghiên cứu Quyền con ngƣời – Học viện Chính trị quốc
gia Hồ Chí Minh, Hà Nội;
 Viện Nghiên cứu Nhà nƣớc và pháp luật (1995), Bình luận khoa học Hiến pháp nước CHXHCN Việt Nam năm
1992, Nxb. Khoa học xã hội, Hà Nội;
 Amartya Sen (2002), Phát triển là quyền tự do, Viện Nghiên cứu quản lý kinh tế trung ƣơng – Nxb. Thống kê, Hà
Nội;
 Đinh Văn Mậu (2003), Quyền lực nhà nước và quyền công dân, Nxb. Tƣ pháp, Hà Nội;
 Trần Ngọc Đƣờng (2004), Bàn về quyền con người, quyền công dân, Nxb. Chính trị quốc gia, Hà Nội;
 Phạm Ngọc Anh (chủ biên) (2005), Tư tưởng Hồ Chí Minh về quyền con người, Nxb. Chính trị quốc gia, Hà Nội;
 Nguyễn Văn Động (2005), Quyền con người, quyền công dân trong Hiến pháp Việt Nam, Nxb. Khoa học xã hội,
Hà Nội;
 Đào Trí Úc (chủ biên) (2005), Xây dựng Nhà nước pháp quyền xã hội chủ nghĩa Việt Nam, Nxb. Chính trị quốc
gia, Hà Nội;
 Nguyễn Văn Vĩnh (2005), Triết học chính trị về Quyền con người (Sách chuyên khảo), Nxb. Chính trị quốc gia,
Hà Nội;
 Trần Thanh Hƣơng (2006), Những bảo đảm pháp lý cho việc thực hiện quyền cơ bản của công dân trong lĩnh vực
Tự do cá nhân, Luận án Tiến sỹ, Hà Nội;
 Nguyễn Đăng Dung (chủ biên) (2008), Hiến pháp trong Nhà nước pháp quyền, Nxb. Đà Nẵng;
 Dƣơng Xuân Ngọc (chủ biên) (2009), Xây dựng xã hội dân sự ở Việt Nam – Một số vấn đề lý luận và thực tiễn,
Nxb. Chính trị - Hành chính, Hà Nội;
 Viện Khoa học xã hội (2009), Quyền con người: Tiếp cận đa ngành và liên ngành khoa học xã hội, Nxb. Khoa
học xã hội, Hà Nội;
 N.M. Voskresenskaia – N.B. Davletshina (2009), Chế độ dân chủ: Nhà nước và xã hội, Nxb. Tri thức, Hà Nội;
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 Bộ Ngoại giao (2005), Sách trắng nhân quyền Việt Nam (http://www.mofa.gov.vn);
 Báo cáo quốc gia kiểm điểm định kỳ việc thực hiện quyền con ngƣời ở Việt Nam năm 2009
(http://www.mofa.gov.vn).
LIST OF REGISTERED RESEARCH TOPICS
-
Bảo đảm quyền con ngƣời trong pháp luật dân sự, lao động, hôn nhân và gia đình của Việt Nam hiện nay
Bảo vệ ngƣời chƣa thành niên dƣới góc độ Luật Hình sự và Luật Tố tụng Hình sự Việt Nam
Bảo vệ trẻ em và ngƣời chƣa thành niên trong Luật Hình sự Việt Nam - Thực trạng và giải pháp hoàn thiện
Bảo vệ trẻ em và ngƣời chƣa thành niên trong Luật Hình sự Việt Nam dƣới góc độ ngƣời bị hại - Thực trạng và
giải pháp hoàn thiện
Cơ sở lý luận và pháp lý về quyền riêng tƣ của công dân ở Việt Nam và một số quốc gia
Bảo đảm quyền bào chữa của bị can, bị cáo là ngƣời chƣa thành niên trong tiến trình cải cách tƣ pháp ở Việt
Nam
Bảo đảm quyền con ngƣời trong thi hành án phạt tù tại Việt Nam
Bạo lực gia đình – thực trạng và giải pháp
Bảo vệ ngƣời tham gia tố tụng trong hoạt động xét xử vụ án hình sự
Bảo vệ quyền sở hữu theo quy định của Bộ luật Dân sự
HCMC LAW UNIVERSITY:
2. CENTRE FOR LEGAL RESEARCH ON HUMAN AND CITIZEN RIGHTS
Centre for Legal Research on Human and Citizen Rights
(HCRC) of Hochiminh City Law University is the University’s
unit responsible for research and education of law on human
and citizen rights.
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APPENDIX V
National Workshops on Human Rights Education
VIETNAM ACADEMY OF SOCIAL SCIENCE
Workshop promotes human rights education in Vietnam
VNA
25/11/2013 | 16:55:55
Research and education on human rights in Vietnam was the primary subject discussed at a workshop held in Hanoi
on November 25, 2013. Organized by the Vietnam Academy of Social Sciences, the event was attended by many researchers and lecturers from universities and institutes nationwide.
At the workshop, participants said that the teaching of human rights in Vietnam still has limitations. There are only
five official educational establishments in the fields nationwide. Documentation and training materials on human rights
have not been systematized or designed especially for specific groups, while researchers and lecturers‘ ability has not met
the demand of actual education in the country.
Moreover, the study of human rights has not delved into the details of theory, regional and international law and mechanisms. Urgent issues such as security, terrorism in relation with human rights; freedom of information and press and
human rights; climate change and human rights; development, poverty and human rights have not been studied deeply.
Therefore, delegates stressed that it is necessary to pay more attention to promoting education on human rights at all education levels in Vietnam. The education sector needs to build training curricula in the field for educational institutions of law,
penal science, security, management and administration.
Participants suggested Vietnam builds a network between domestic and foreign scientists and researchers in the field
of human rights study and education. They also called for more information sharing among education and research institutions, state agencies, socio-political organizations and communities of scientists operating in the field.
On 25 November 2013, Vietnam Academy of Social Sciences held the conference “Research and Training on human
rights in country at present: Real State and Solutions” in Hanoi.
Nguyen Thu Ha
This conference is one of the activities in the framework of the project ―Research and Training on Human Rights‖ – a
part of the ―Good Governance and Public Administration Reform Program‖ (Phase II: 2012 – 2015) signed between the
Danish Government and Vietnamese Government. Participants of the workshop come from different institutions and universities, such as: research institutes of Vietnam Academy of Social Sciences, HCMC University of Law, HCMC University of
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Social Sciences and Humanities, Hue University, Hanoi University of Law, Ho Chi Minh National Academy of Politics and
Public Administration, Ton Duc Thang University, Central Highlands University, Can Tho University, and Vinh University.
Prof. Dr. Vo Khanh Vinh, Vice President of Vietnam Academy of Social Sciences and Director of the Project ―Research and Training on Human Rights‖, chaired the conference and made the opening speech. He stated: ―The workshop‘s
goal is to set a network with all law training institutions and organizations all over the country in order to share experience
in human right training. A lot of members involved in the project have been sent to other countries in the world in order to
learn experience in human right training. Recently, during the framework of the project, we also collaborated with Vinh
University to hold the conference titled ―Human rights with press issues‖; we collaborated with Hue University to hold the
conference titled ―Human rights with social organizations‖. Training on Human rights is provided not only at the faculty of
law, but also at several faculties of the Graduate Academy of Social Sciences such as: Public policy, human development,
social work …
12 papers were presented, including: ―Combination between research and training on human rights in our country at
present‖ (by Assoc. Prof. Dr. Bui Nguyen Khach, Vice Director, Institute of State and Law); ―Research and training on
human rights in Ho Chi Minh City University of Law‖ (by Dr. Tran Thi Roi, HCMC University of Law); ―Human-rights
Teaching from the perspective of international relations through the teaching subject of human security‖ (by Dr. Dao Minh
Hong, Dean, Faculty of International Relations, Ho Chi Minh City University of Social Sciences and Humanities); ―Research and training on human rights in the Graduate Academy of Social Sciences‖ (by Dr. Le Mai Thanh, Deputy
Editor-in-chief, State and Law Review, Vietnam Academy of Social Sciences); ―Human rights and teaching of human
rights at universities‖ (by Dr. Nguyen Duy Phuong, Vice Dean, Faculty of Law, Hue University); ―Human-rights research
and teaching activities at the Faculty of Law in Vinh University‖ (by M.A. Dinh Ngoc Thang, Dean, Faculty of Law, Vinh
University); ―Research and teaching of human rights at Hanoi University of Law‖, (by Assoc. Prof. Nguyen Huu Chi, Vice
Dean, Faculty of Economic Law, Hanoi University of Law); ―Institute of Human Rights with research and training work on
human rights in Vietnam at present‖, (by Assoc.Prof. Dr. Hoang Van Nghia, Vice Director, Institute of Human Righhts, Ho
Chi Minh National Academy of Politics and Public Administration); ―Training and Research on human rights in the field of
sociology‖, (by Dr. Le Thi Mai, Faculty of Social Sciences and Humanities, Ton Duc Thang university); ―Research and
Training on human rights in Central Highlands University‖, (by Dr. Tran Trung Dung, Vice Rector, Central Highlands
University); ―Research and Training on human rights at the Faculty of Law, Vietnam Trade Union University‖ (by Associate Prof. Dr. Le Thi Chau, Dean, Faculty of Law, Vietnam Trade Union University); and ―Some thinking on the situation
and direction of human-rights education in Can Tho University‖ (by Dr. Pham Van Beo, Dean, Department of Judicial
Law, Faculty of Law, Can Tho University).
A lot of discussions and comments were made in the conference, when participants were sharing experience and information on human-rights research and training work.
Making the closing speech of the conference, Prof. Dr. Vo Khanh Vinh highlighted: ―Issues relating to human rights
were never shown so clearly and discussed so ebulliently before. In near future, human-rights training will be added to the
Master‘s courses for the discipline of politics at the Graduate Academy of Social Sciences. The project will link humanrights research and training issues together, aiming at providing multi- and inter-disciplinary research and training of social
sciences in order to improve and expand training programs of human rights not only in Vietnam, but also in the whole region. In the framework of the project, we will seek for cooperation in human-rights training with other countries such as
USA, Australia, Russia etc…; we will develop human-rights training linkages with Laos Academy of Social Sciences, the
Royal Academy of Cambodia. Especially, we will set up linkages in this field with the European Union. Prof. Dr. Vo Khanh
Vinh also expressed the expectation that all universities that provide training on human rights will collaborate with each
other in order to make the human-rights training much more effective, since we have never had such advantages for the human-rights training like this before as well as the Communist Party and the State have been issuing an appropriate guideline
for this.
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HUE UNIVERSITY
Human rights-related teaching under review
(VOV) - Improving the methods of teaching human rights related subjects was the main theme of an international
scientific seminar at Hue University on April 2 – 3, 2013.
The event was attended many scholars, specialists and lecturers in law from Switzerland, Norway, Thailand, Malaysia and Vietnam, who wished to share experiences in both theory and practice, and to improve the quality of teaching human rights related subjects.
In Vietnam, the education of human rights is introduced at undergraduate and postgraduate levels. However, there
remain limitations in the existing methods to enhance students‘ concept of human rights.
The seminar provided an opportunity for Hue University, especially its faculty of law, to broaden cooperation with
both local and international partners.
TRAINING MASTER DEGREE ON HUMAN RIGHTS LAW
IN VIETNAM FOR THE FIRST TIME
Speaking at the ceremony, Dr. Pham Quang Hung, Vice President of VNU and Mr. Risa Stale Torstein, Norwegian
Ambassador in Vietnam with representatives of several agencies of Vietnam and international have expressed their happiness when the training program on human masters right have been carried out. Representatives of agencies expressed confidence the success of the program contributing to the promotion of cooperative relations existing between Vietnam and
Norway, between VNU with the University of Norway.
The master programs on human rights law includes 12 subjects with 50 credits, 9 of those are basic knowledge and
professional subjects. Curriculum specialists have the knowledge base, comprehensive, specialized in theoretical issues, international law and national human rights instruments, capable of analyzing, evaluating and resolving the and matters related directly and indirectly to human rights issues in state agencies, political organizations, political, as well as social tasks
of teaching, research in this field in the training.
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MINISTRY OF JUSTICE'S ACTIVITIES
Workshop on European experience for the protection and promotion of human rights
Ministry of Justice in coordination with EU project ―Support to the Strategic Dialogue in Vietnam‖ hosted the workshop
on European experience for the protection and promotion of human rights in 02 days from June 21 to 22 in Ha Long city,
Quang Ninh province.
Attending the workshop were representatives from the Ministries of Foreign Affairs, Public Security, Permanent Bureau of the Government‘s Steering Committee for Human Rights, the Supreme People's Court, Supreme People's Procurate, Justice Departments and Courts in the Northern provinces, law universities.
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The workshop heard experts ‗presentation (Danish Institute for Human Rights) on the tools of human rights protection in Europe as the European Union‘s Convention of Human Rights, the regional institutions on human
rights (European Court of human Rights) and experience in building and improving the national legal system to enforce international conventions on human rights. The presentations provide an overview of EU mechanisms and institutions on
human rights protection.
At the workshop, Vietnamese experts also presented contributions on Vietnam and international conventions on human rights, teaching laws on human rights in Vietnam, perfection of law on gender equality. The workshop provides a valuable opportunity to exchange and discuss human rights issues from Europe to Vietnam, from central to local
levels.
VIHR & Raoul Wallenberg Institute
Training workshops in Vietnam
2013-02-08
In cooperation with its partner, the Vietnamese Institute for Human Rights, the Institute has organized two training
workshops on International Human Rights Law and the Role and Functions of National Human Rights Institutions. The
workshops were held in Hanoi, Vietnam, from 27 January until 2 February 2013.
The workshops are the first activities of the Institute‘s human rights capacity development programme in Vietnam
which will run until the end of the year. The timing of the trainings was very fitting, as Vietnam is currently beginning
preparations for its next report to the Universal Periodic Review which is to take place in January/February 2014, and is also
undertaking a review of its Constitution.
The Director of the Vietnamese Institute for Human Rights, Dr. Dang Dung Chi said that his institute is very happy to
be working in partnership with the Raoul Wallenberg Institute given its long experience and high level of expertise in human rights capacity development.
The training workshop on International Human Rights Law targeted teachers of universities from several areas in the
country and focused on specific human rights topics such as business and human rights; juvenile justice, as well as on the
role of academia in promoting and protecting human rights in the context of the Universal Periodic Review and other international instruments.
The workshop on the roles and functions of National Human Rights Institutions involved members from academic institutions, as well as representatives from ministries and other governmental agencies of Vietnam, to discuss the possible
establishment of a Vietnamese National Human Rights Institution. With the review of the Constitution currently underway
and the possibility of academic and research institutions to contribute through an open consultation, it is hoped that the new
Constitution would provide for the establishment of a National Human Rights Institution in Vietnam.
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VIHR, Ho Chi Minh National Academy
Discuss collaborations with USC
Print
by Larissa Puro
November 15, 2012
Vietnamese delegates visited USC Nov. 12-13 to discuss collaborative opportunities with the university to further
their country‘s human rights research, policy and training efforts.
Dang Dung Chi, director of the Vietnamese Institute of Human Rights at the Ho Chi Minh National Academy of Politics and Public Administration, and senior lecturer Nghia Van Hoang were invited to USC by Sofia Ruskin, director of the
Program on Global Health & Human Rights at the USC Institute for Global Health.
As an emerging middle-income country, Vietnam is poised to make strides to support the health and human rights of
its citizens, Ruskin said. In recognizing the nation‘s development success, the World Bank has partnered with the government to promote health, rights and development, among other areas.
The Ho Chi Minh National Academy is responsible for educating and training all Vietnamese government officials
and as representatives of the academy, Chi and Hoang visited the United States for a two-day conference on human rights at
the World Bank in Washington, D.C., and a study tour to examine U.S. justice systems.
The delegates‘ visit to USC, which reflects the academy‘s interest in exploring university collaboration possibilities,
came to fruition in part because of a long-standing relationship with Ruskin, who has worked with the academy since 2004,
particularly in the area of HIV/AIDS.
―We have worked closely over the last eight years, and we conducted many national and regional workshops and
training courses in Vietnam which involved many senior and local public and civil officers who then actively participated in
policy programming related to health and human rights,‖ said Hoang, who translated for Chi.
Chi and Hoang met with faculty and representatives from the USC Annenberg School for Communication and Journalism, the USC Gould School of Law, the USC Price School of Public Policy, the USC School of Cinematic Arts, the Keck
School of Medicine of USC and the Program on Global Health & Human Rights, to discuss partnership opportunities focused on health, human rights, communication, law and policy. Eric Heikkila, professor and director of international initiatives at USC Price, also hosted a luncheon for the delegates.
At the meetings, discussions focused on teaching and training opportunities for Vietnamese students and potential
opportunities for USC faculty and students. ―We‘re looking forward to establishing collaboration with the university‘s faculty in many areas, including training, doing research and teaching students,‖ Hoang said. ―We hope to send our students
and public and civil servants to be trained at USC so we can contribute to developing our country.‖
During their stay in Los Angeles, the delegates also visited judicial hubs, including the LA County Commission on
Human Relations and the community and media relations unit of the Department of Justice for the California central district.
The delegates‘ trip to the U.S. was supported by a grant that focuses on civil servants training and awareness, legal
aid, local elected bodies and use of media to raise awareness of human rights. The grant was awarded through the World
Bank by the Nordic Trust Fund, which promotes human rights education for the bank‘s staff members. The World Bank and
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the Nordic Trust Fund began collaborating in September to combine efforts to manage fraud and corruption risks that impact project outcomes, with a focus on developing countries that request such assistance.
Vietnam may have National Commission on Human Rights
VietNamNet Bridge –2013
Last week, representatives of 47 social organizations met in a workshop to make comments to the draft amendment of the
1992 Constitution.
At the workshop, Mr. Nguyen Trung, former member of the Prime Minister's Research Commission, said that amending the Constitution should be seen as an important opportunity for the destiny of the country. Therefore, the goal of the
amendment of the Constitution this time is not to adjust a few shortcomings and backwardness of the Constitution but to
build a Constitution that meets the new situation both at home and abroad.
According to Nguyen Trung, the current institution has completed the task of economic reform, development in
width, and now it needs to innovate to develop in depth. The new institution has to attract the strength of national unity, to
cope and adapt to big changes in the world. Therefore, the core issue is to be aware of the current requirements and the period that Vietnam is in.
Mr. Nguyen Xuan Yen, from the Center for Viet Hung Community Development, said that the Constitution must reflect the will, aspirations and the minds of the people. The amended Constitution, thus, has to clarify the views of building
the country in the new context instead of just fixing the basic contents.
Mr. Le Quang Binh, Director of the Institute for Social, Economic and Environmental Research, said that the Constitution of a democratic regime should be based on the will of the people, to protect the freedom of the people as well as to
limit the abuse of public agencies. "This draft lacks elements to limit the power of public authorities, so it should be easy to
enable these agencies to make regulations impeding a favorable environment for developing the capabilities of individuals
and social development," Binh said.
The representatives of social organizations suggested that the Constitution of a nation should reflect the function of a
democratic constitution, ensuring the constitutional rights of the people and ensuring freedom, especially freedom of
speech, freedom of establishing associations and gathering. It should also have constitutionalized institutions to handle violations of these rights.
Protection of human rights
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Mr. Le Quang Binh noted that one of the major deficiencies of the Constitution 1992, is that the draft this time does
not fix the lack of regulations on a specialized agency tasked to protect and promote the human rights. The amended Constitution needs to supplement the provisions on such an agency with independent position, by specifying its components with
independent members from social organizations.
Specifically, social organizations proposed supplementing the draft Constitution with the National Commission on
Human Rights, as a constitutional institution besides the Constitutional Council, the State Audit, etc. The members of this
commission must also have independent status. The addition of this mechanism is also consistent with international standards.
Recommendations of social organizations also said that in the chapter on human rights, it is inscribed the phrase
"human rights, civil rights are limited only in cases where it is necessary for reasons of national defense, national security,
public order, social safety, morals, health of the community is inappropriate to the principles of international human rights
because the restriction can only apply to a certain number of rights.‖
A number of human rights (the right to live, the right to be free from torture and inhumane treatment) are absolute
rights that shall not be limited under any circumstances or for any reason. The restrictions, if being applied to other rights
must not be abused and must comply with international human rights standards. They also proposed to remove the phrase
"prescribed by law" in all things related to absolute rights.
END
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