University of Houston Law Center



Lesson Plan 6: UN Institutions GoalsWork on their oral and written communication skills. Test their critical thinking abilities by asking them to provide their opinions for the human rights scenarios.Evaluate their ability to understand the history and role of international institutions in enforcing human rights. Objectives Provide a broad overview of the United Nations institution. Evaluate their understanding of human rights enforcement.For Class 1 Summary and Transitioning video - 5 minutes are human rights enforced in the UN System? 15 minutesRecap of videoAs the video said, how do we really protect and enforce human rights since the Universal Declaration of Human Rights is not binding, but the governments still have a duty to protect, respect and fulfill. The United Nations has some mechanisms but they are weak… because they monitor/investigate but they can’t force the states to change the laws, and cannot compensated a victim because there are state powers that are still strong state interests.So although it is still difficult to enforce, these are still very important international standards that help activists do their work around the world, and help change the law to continue to better protect everyone based on our evolving societies.There are some laws that are more binding, and we will look at that next week they are called international treaties. For now – we will briefly look at the UN mechanisms that the video says are a little week.UN Charter 1945 gives the UN authority to develop international Human Rights norms. Activity – 30 minutesHand out an information sheet about each of these organs. Let the students read their organ, they I will ask the question and the person with the respective hand sheet will explain it to the rest of the class, as they write it out in their handout.UN Charter Article 1:To maintain international peace and securityTo 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. UN Charter Article 7 says that there are UN Organs:Security CouncilTotal of 15 members 5 permanent US, China, France, Russia and the UK and they have a veto power.Current countries on Security council Bolivia (2018), Egypt?(2017), Ethiopia (2018), Italy?(2018), Japan?(2017), Kazakhstan?(2018), Senegal?(2017), Sweden?(2018), Ukraine?(2017), Uruguay?(2017)They are charged with maintaining international peace and security. They can investigate Human Rights violations.Impose sanctions.Authorize peacekeeping operations and armed force in situations where such human violations pose a threat to peace and global security.Cannot receive individual complaints.General AssemblyComposed of all UN member states 193 countriesThey meet up, discuss and adopt new human rights treaties, declaration or resolutions. A Treaty is a formally concluded and ratified agreement between states. The US president can sign Treaties, but they are not ratified until the Senate has given its advice and consent of 2/3 of the Senate. Treaty Clause Article II Section II Clause II.The General Assembly created the Human rights Council.They are 47 UN member state elected by the General Assembly. Their role is to strengthen and promote protection of Huma Rights.They Provide technical assistance and training in human rightsOrganize conferences on Human Rights issues.Makes recommendations to the General Assemblies for the development of new Human Rights. They pass resolutions on topicsCarry out the Universal Periodic Review since 2008What is a human right council: periodic reviewExamine the human rights situation in all member statesComposed of government diplomatsMethodology allows for an open exchange of ideas and positions between civil society, states examined, observers and UN Agencies;They look at a report from the state, and then 1 reports submitted by other UN bodies, and one last one submitted by NGOs and civil societies. UPR Review of US GeneralCreated the Office of the UN High Commissioner for Human RightCoordinates and supports the special procedures of the human rights council.Special procedure, independent Human Rights experts can investigate and make recommendations to all UN Members states on a specific HR issues, they are organized by themes or country. They report the findings to the Human Rights Council, the Secretary General and the General Assembly. They can send urgent appeals when they is a grave HR violations.Individuals can directly communicate to special procedures and don’t need to exhaust all the domestic remedies before sending a communication to the special procedure.International Court of Justice United Nations established The International Court of Justice (ICJ) is the principal judicial organ of the United Nations (UN). It was established in June 1945 by the Charter of the United Nations and began work in April 1946. The seat of the Court is at the Peace Palace in The Hague (Netherlands).Court as rules on some Human Rights issues that were contentious but look at other issues like land dispute issues.Homework 5 minutesHand out the sheets for each group and talk about their group presentationsFor Class 2 GoalsTest their critical thinking abilities by looking at their understanding of human rights enforcement and evaluate their ability to understand the history and role of international institutions in enforcing human rights. Objectives Provide a broad overview of the 30 human rights articles.Evaluate their understanding of the 30 human rights articles through scenarios.Give them a broad understanding of international institutions and how they enforce human rights. Recap - 10 min to realize that the declaration is not binding, but there are some instances when the law is binding on the country that did adopt and ratify them. Those are called international treaties, they are discussed, negotiated and adopted by the General Assembly. What is the treaty process? 15 minutes For the treaty to be binding it needs to be signed by the executive power and ratified by 2/3 of the Senate. The Constitution provides that the president "shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two-thirds of the Senators present concur" (Article II, section 2).BUT even when the United States has signed a human rights agreement, it often restricts the enforcement by announcing reservations on the treaty. A reservation is a legal way of making a provision less enforceable than it might be. Among the reasons for a reservation, the United States claims that it would take away the power of the individual states to make law under our system of federalism, and also the view that other countries should not impose their views on the states. Do you think that is what the United Nations stands for? Human Rights Law enters into a country when it signs and ratifies a treaty that guarantees these rights. But it can also be included in the constitution it just might not be called human rights and those will be in the U.S. Constitution, Bill of Rights and federal, state or local law. What is a human treaty body? 5 minutes treaties has the United States adopted and ratified? 10 minutes Human Rights Committee?(CCPR) monitors implementation of the International Covenant on Civil and Political Rights (1966) and its optional protocols; Ratified but signed mittee on Economic, Social and Cultural Rights?(CESCR) monitors implementation of the International Covenant on Economic, Social and Cultural Rights (1966) signed but not ratified by mittee on the Elimination of Racial Discrimination?(CERD) monitors implementation of the International Convention on the Elimination of All Forms of Racial Discrimination (1965); mittee on the Elimination of Discrimination against Women?(CEDAW) monitors implementation of the Convention on the Elimination of All Forms of Discrimination against Women (1979) and its optional protocol (1999); signed but not mittee against Torture?(CAT) monitors implementation of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment (1984); ratified. Committee on the Rights of the Child?(CRC) monitors implementation of the Convention on the Rights of the Child (1989) and its optional protocols (2000); signed but not ratified but did ratify the Option Protocol Committee on Migrant Workers?(CMW) monitors implementation of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (1990);Committee on the Rights of Persons with Disabilities?(CRPD) monitors implementation of the International Convention on the Rights of Persons with Disabilities (2006); signed but not mittee on Enforced Disappearances?(CED) monitors implementation of the International Convention for the Protection of All Persons from Enforced Disappearance (2006); not signed.Human Rights Instrument : (Date into force)Ratification StatusDeclarationInternational Convention on the Elimination of All Forms of Racial Discrimination :1969Signature: 1966, Ratification/Accession: 1994?International Covenant on Civil and Political Rights :1976Signature: 1977, Ratification/Accession: 1992?Optional Protocol to the International Covenant on Civil and Political Rights :1976Signature: NA, Ratification/Accession: NASecond Optional Protocol to the International Covenant on Civil and Political Rights, aiming at the abolition of the death penalty :1991Signature: NA, Ratification/Accession: NAInternational Covenant on Economic, Social and Cultural Rights :1976Signature: 1977, Ratification/Accession: NAOptional Protocol to the International Covenant on Economic, Social and Cultural Rights :2013Signature: NA, Ratification/Accession: NAConvention on the Elimination of All Forms of Discrimination against Women :1981Signature: 1980, Ratification/Accession: NAOptional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women :2000Signature: NA, Ratification/Accession: NAConvention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment :1987Signature: 1988, Ratification/Accession: 1994?Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment :2006Signature: NA, Ratification/Accession: NAConvention on the Rights of the Child :1990Signature: 1995, Ratification/Accession: NAOptional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict :2002Signature: 2000, Ratification/Accession: 2002?Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography :2002Signature: 2000, Ratification/Accession: 2002?Optional Protocol to the Convention on the Rights of the Child on a communications procedure :2014Signature: NA, Ratification/Accession: NAInternational Convention on the Protection of the Rights of All Migrant Workers and Members of their Families :2003Signature: NA, Ratification/Accession: NAInternational Convention for the Protection of all Persons from Enforced Disappearance :2010Signature: NA, Ratification/Accession: NAConvention on the Rights of Persons with Disabilities :2008Signature: 2009, Ratification/Accession: NAOptional Protocol to the Convention on the Rights of Persons with Disabilities :2008Signature: NA, Ratification/Accession: NAActivity 20 minutes Explain that this activity is intended to help people take that second step towards a?human rights community?by applying human rights principles to their own lives.Divide participants into groups of 4 or 5. Each group is to draw up a list of around 10 rules for their class or organization that they think are needed for everyone to enjoy their human rights and live together with peace and respect. Think about the rights and the responsiblities. They should write out their lists on chart paper and hang them up when complete. However, just as human rights are constantly evolving as human needs are identified and addressed, so this list is not final either. ................
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