Human Rights

[Pages:237]Human Rights

Handbook for Parliamentarians N? 26

? Inter-Parliamentary Union 2016 This publication is co-published by the Inter-Parliamentary Union and the United Nations (Office of the High Commissioner for Human Rights). For personal and non-commercial use, all or parts of this publication may be reproduced on condition that copyright and source indications are also copied and no modifications are made. Please inform the Inter-Parliamentary Union on the usage of the publication content.

Layout: Simplecom graphics Printed by Courand et Associ?s ISBN 978-92-9142-657-7 (IPU) HR/PUB/16/4 (UN)

Cover Page The principle of universality of human rights is the cornerstone of international human rights 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 all individuals or groups. ? Anadolu Agency/Serap Aydin

Contents

Acknowledgements

7

Foreword

8

Abbreviations

9

Boxes

13

Chapter 1

What are human rights?

19

Definition

19

Basic human rights principles

21

Human rights and State sovereignty

27

The Responsibility to Protect

27

Democracy, human rights and parliaments

29

Chapter 2

Which State obligations arise from human rights?

31

What does the "obligation to respect" mean?

32

What does the "obligation to protect" mean?

32

What does the "obligation to fulfil" mean?

33

The principle of progressive realization

34

The right to an effective remedy

35

The right to recourse to an international or regional human rights mechanism 36

The right to reparation for harm suffered

37

Remedies for violations of economic, social and cultural rights

38

Chapter 3

International human rights instruments

41

The emergence of international human rights law

41

The International Bill of Human Rights

42

Core international human rights treaties

43

Other human rights instruments of the United Nations

44

1

Chapter 4

May States restrict human rights?

47

Limitation clauses

48

Derogation during a state of emergency

48

Reservations

51

Chapter 5

United Nations human rights treaty monitoring bodies

53

Membership and functioning

54

Reporting procedure

54

Obligations of States

54

Examination of State reports

55

The role of NGOs, parliaments and other organizations in the treaty-body

procedure

55

General comments issued by treaty-monitoring bodies

56

Individual complaints procedure

57

Inter-State complaints procedure

59

Inquiry procedures

59

The system of regular visits to detention centres established under the Optional

Protocol to CAT

61

Follow-up to recommendations

61

Chapter 6

Charter-based system of human rights: the United Nations

Human Rights Council and its mechanisms

65

From the Commission on Human Rights to the Human Rights Council

66

The Commission on Human Rights

66

The Human Rights Council

67

The Universal Periodic Review

68

Special procedures

69

Human Rights Council complaint procedure

70

2

Chapter 7

The Office of the United Nations High Commissioner for

Human Rights

73

History

73

How OHCHR works

74

OHCHR in the field

76

Chapter 8

Regional human rights treaties and monitoring

79

Africa

79

The Americas

81

Arab region

82

Asia and the Pacific

83

Europe

84

Council of Europe

84

European Union

85

Organization for Security and Cooperation in Europe

86

Chapter 9

Basic requirements for an effective parliamentary

contribution to human rights

89

Basic principles

89

Ensuring the representative nature of parliament

90

Protecting the freedom of expression of parliamentarians

91

Understanding the legal framework, in particular parliamentary procedure 94

Determining parliament's role in states of emergency

94

Chapter 10 Parliamentary functions to promote and protect human rights 95

Ratifying human rights treaties

95

3

Ensuring national implementation

97

Adopting enabling legislation

97

Approving the budget

100

Overseeing the executive branch

101

Following up on recommendations and decisions

101

Getting involved with the Universal Periodic Review

103

Mobilizing public opinion

105

Participating in international efforts

106

Chapter 11

Parliamentary institutional structure and relations with other

national stakeholders

111

Establishing parliamentary human rights bodies

111

Creating and supporting an institutional infrastructure

112

National human rights institutions

112

Ombudsperson's office

116

National human rights action plans

116

Relationship between parliaments and civil society

117

Chapter 12

What parliamentarians should know about civil and

political rights

119

The right to life

119

Prohibition of torture and cruel, inhuman or degrading treatment or punishment:

the right to personal integrity and dignity

129

The right to personal liberty and security

135

Administration of justice: the right to a fair trial

138

The right to privacy and the protection of family life

145

Freedom of movement

151

Freedom of thought, conscience and religion

154

Freedom of opinion and expression

157

Freedom of peaceful assembly and association

165

The right to participate in public affairs

168

4

Chapter 13

What parliamentarians should know about economic, social

and cultural rights and the right to development

173

Globalization, development and economic, social and cultural rights

174

The right to development

182

What is the right to development?

182

The right to development in the context of the 2030 Agenda, the

Sustainable Development Goals and related processes

183

The right to social security

184

The right to work and rights at work

187

The right to an adequate standard of living

191

The right to education

208

Cultural rights

213

Chapter 14

Human rights, terrorism and counter-terrorism

217

Is terrorism a violation of human rights?

218

The notion and definition of terrorism

219

States of emergency and the normal operation of counter-terrorism law

and practice

220

Chapter 15

Combating impunity: the international criminal court

223

Ad hoc international criminal tribunals: the International Criminal Tribunal for the

former Yugoslavia (ICTY); the International Criminal Tribunal for Rwanda (ICTR);

and internationalized (hybrid) tribunals

224

The International Criminal Court

225

Set of principles for the protection and promotion of human rights through

action to combat impunity

230

Annex:

The core international human rights instruments

233

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