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International Law |
United Nations Treaties
(for information on additional treaties)
A. THE INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS
(ICCPR)
1966 Adopted by the
UN General Assembly and in force in 1976. Expands the civil and
political rights recognized by the Universal Declaration of Human Rights.
The ICCPR has a monitoring body that may review complaints. State
parties are required (article 40) to report to the Human Rights Committee on
implementation of the ICCPR and to submit reports on particular topics on
request. Canada signed this covenant on May 19, l976. and signed the
first optional Protocol on May 19, 1976. Reservations and Declarations
Article 41. ICCPR Optional
Protocols:
The first recognizes
the right of an individual claiming to be a victim of a violation of the ICCPR
and to make a complaint to the UN Human Rights Committee. The second
calls for the abolition of the death penalty.
B. THE CONVENTION AGAINST TORTURE AND OTHER CRUEL INHUMAN OR DEGRADING
TREATMENT OR PUNISHMENT
1984 adopted by the
UN General Assembly and in force in l987. Canada signed August 23, 1985
and ratified June 24, 1987. Reservations and Declarations: Articles 21,
& 22.
United Nations Non - Treaty Standards
Non-treaty standards do
not have the legal power of treaties but have the force of having been
negotiated by governments over many years and have been adopted by political
bodies such as the UN General Assembly, usually by consensus. They are
often considered to be as binding on states as treaties.
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A. THE UNIVERSAL DECLARATION OF HUMAN RIGHTS.
1948 was adopted by
the UN General Assembly and is universally recognized as a set of principles
which should regulate the conduct of all states. The Universal
Declaration of Human Rights (UDHR) is premised, as is the Canadian Charter, on
the necessity of human rights being protected by the rule of law. The
Preamble to the UDHR confirms the principle of the rule of law as the
alternative to recourse to violence.
"Whereas it is essential, if man is not to be compelled to have recourse,
as a last resort, to rebellion against tyranny and oppression, that human
rights should be protected by the rule of law."
Articles 10 and 11 relate to fair trials and Articles 2,3,5,6,7,8,9 are relevant
to the rights to counsel and lawyers' advocacy rights.
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B. THE BODY OF PRINCIPLES FOR THE PROTECTION OF ALL PERSONS UNDER ANY FORM
OF DETENTION OR IMPRISONMENT
These principles were
adopted by the General Assembly of the United Nations by resolution on 9
December 1988 and contain an authoritative set of internationally recognized
standards. The principles are applicable to all member states on the
treatment of detainees and prisoners and include the requirement of
representation provided by the state.
- C. STANDARD MINIMUM RULES FOR THE TREATMENT OF PRISONERS
1955 adopted by the
First UN Congress on the Prevention of Crime and the Treatment of Offender and
was approved by the UN Economic and Social Council. In 1971 the UN
General Assembly called upon its member states to implement these rules.
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D. BASIC PRINCIPLES ON THE ROLE OF LAWYERS
Adopted by the 8th United Nations Congress on the Prevention of
Crime and the Treatment of Offenders, Havana 27 August to 7 September 1990.
U.N. Doc. A/CONF. 144/28/Rev. 1 at 188. (1990)
These principles are
intended to provide specific substance to the due process guarantees
recognized in the Universal Declaration of Human Rights and Covenants such as
the International Covenant on Civil and Political Rights. The Preamble
and Articles 2, 3 & 6 of the Basic Principles on the Role of Lawyers
require states, as a central part of their responsibility to protect human
rights, to ensure equal access to lawyers and specifically to provide
sufficient funding for legal services to the poor.
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E. UNITED NATIONS DECLARATION ON THE RIGHT AND RESPONSIBILITY OF
INDIVIDUALS, GROUPS AND ORGANS OF SOCIETY TO PROMOTE AND PROTECT UNIVERSALLY
RECOGNIZED HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS.
Adopted by the UN
General Assembly 9 December 1998 following 13 years of negotiation amongst
member states. The Declaration on Human Rights Defenders affirms the
primary responsibility of states to protect human rights by protecting human
rights defenders.
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F. GUIDELINES ON THE ROLE OF PROSECUTORS
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G. BASIS PRINCIPLES ON THE INDEPENDENCE OF THE JUDICIARY
Adopted by the 7th UN
Congress on the Prevention of Crime and the Treatment of Offender and endorsed
by the UN General Assembly in 1985.
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H. PRINCIPLES ON THE EFFECTIVE PREVENTION AND INVESTIGATION OF EXTRA LEGAL,
ARBITRARY AND SUMMARY EXECUTIONS
Recommended by the Economic and Social Council resolution 1989/65 made 24
May 1989.
Other International Standards and Principles
- A. THE SIRACUSA PRINCIPLES ON THE LIMITATION AND DEROGATION PROVISIONS IN THE
INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS (Siracusa Principles)
The Siracusa Principles on the Limitations and derogation Provisions in the
International Covenant on Civil and Political Rights (1984) adopted in May
1984 by a group of international human rights experts convened by the
International Commission of Jurists, the International Association of Penal
Law, the American Association for the International Commission of Jurists, the
Urban Morgan Institute for Human rights, and the International Institute of
Higher Studies in Criminal Sciences in Siracusa, Italy to consider the
limitation and restriction provisions of the ICCPR.
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B. THE JOHANNESBURG PRINCIPLES: NATIONAL SECURITY, FREEDOM OF EXPRESSION AND
ACCESS TO INFORMATION
The Johannesburg
Principles were developed during an international consultation convened by
ARTICLE 19, the International Centre Against Censorship in collaboration with
the Centre for Applied Legal Studies of the University of Witwatersrand in
Johannesburg.
Commonwealth
(human rights unit - under construction)
Today's Commonwealth is a world away from the handful of British Dominions
which were the first Commonwealth members. From Africa to Asia, from Pacific
shores to the Caribbean, the Commonwealth's 1.7 billion people make up 30% of
the world's population.
The modern Commonwealth gradually evolved out of United Kingdom's imperial
past, mainly through decolonization, the effects of two world wars and changing
patterns of international relations. Today it helps to advance democracy, human
rights, sustainable economic and social development within its member countries
and beyond. Armed with a common working language and similar systems of law,
public administration and education, the Commonwealth has built on its shared
history to become a vibrant and growing association of states in tune with the
modern world.
- A. THE HARARE DECLARATION
Commonwealth Heads of Government second general statement of beliefs issued
at the meeting in Harare, Zimbabwe in 1991.
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B. LATIMER HOUSE GUIDELINES
The Latimer House
Guidelines for the Commonwealth, approved 19 June 1998, were developed to
renew and enlarge on the commitments made by Canada and other Commonwealth
countries to the rule of law and the attendant safeguards and restrictions set
out in the Harare Declaration.
Organizations of American States(0AS)
The Organization of
American States (OAS) was formed in April 1948; Canada became a permanent
observer in 1972 and joined as a member state 8 January 1990. There are 35
member states.
European Union (EU)
A. EUROPEAN CONVENTION ON HUMAN RIGHTS
Common Law Principles
A. Absolute Privilege
[1] The Harare Declaration is the Commonwealth抯 second general statement
of beliefs and was issued by Commonwealth Heads of Government at their meeting
in Zimbabwe in 1991.
Declarations on Human Rights Defenders
Declaration of the Latin American Consultation on Human Rights Defenders III - 2004, São Paulo, Brazil
Reports on Human Rights Defenders
Human Rights Defenders on the Front Line, Annual Report 2004 of the Observatory for the Protection of Human Rights Defenders - FIDH/OCMT
[Link]
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