without discrimination as to their status (prohibition of discrimination). The ICCPR is composed of a set of rights that seek to guarantee the political ideals, civil liberties, and freedoms, of a democratic society that is deeply rooted in modern western history. Some rights established therein may nevertheless be limited in order, inter alia, to protect public morals. This is the case in Article 12 (freedom of movement), Article 18 (freedom of thought, conscience, and religion), Article 19 (freedom of expression), Article 21 (right of peaceful assembly), and Article 22 (freedom of association). The Covenant has a monitoring body, the Human Rights Committee.
The International Covenant on Economic, Social and Cultural Rights99 shows an almost identical preamble to that of the ICCPR. The rights established therein are grounded in the inherent dignity of the human being. As in the ICCPR, it acknowledges a fundamental interaction between all types of rights; that is, between economic, social, cultural, civil, and political rights, in order to achieve freedom from fear and want. The heart of the ICESCR is at Part III. The right to work (Article 6), the right to join and form trade unions (Article 8), the right to social security (Article 9), the right to an adequate standard of living (Article 11), all deserve to be given special attention. Also significant is Article 10 on family rights. Article 10(3) provides that: "Their (children and young people) employment in work harmful to their morals or health or dangerous to life or likely to hamper their normal development should be punishable by law". Note also the right to health (Article 12), the right to education (Article 13), and the right to culture (Article 15). The Committee on Economic, Social and Cultural Rights monitors the implementation of the ICESCR. States parties are obliged to submit regular reports to the Committee in order for implementation to be monitored. As in other monitoring bodies, the Committee publishes in its general comments its views about the content of the specific rights.
rights instruments and constitute the major mechanisms for the universal protection of human rights provided by international law at the global level. These treaties focus on some specific human rights or look to protect specific vulnerable groups. According to the United Nations Office of the High Commissioner for Human Rights, the core United Nations Human Rights Treaties are: the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD)100; the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW)101, with its Optional Protocol;
the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT)102, with its Optional Protocol; the Convention on the Rights of the Child (CRC)103, with its two Optional Protocols, the first on the enrolment of children in armed conflict, the second on the sale of children, child prostitution, and child pornography; and the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (ICRMW). In the 21st century, one may arguably add to our list the following: the International Convention for the Protection of All Persons from Enforced Disappearance, and the Convention on the Rights of Persons with Disabilities (CRPD), with its Optional Protocol.
Another core Convention concerning universal human rights is the Genocide Convention104, adopted by the UN General Assembly on 9 December 1948, and which
100 The International Convention on the Elimination of All Forms of Racial Discrimination was adopted by the General Assembly of the United Nations in resolution 2106 (XX) of 21 December 1965.entering into force 4 January 1969. 660 UNTS 195. Status of ratification in United Nations Treaty Collection, available at:
http://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=IV-2&chapter=4&lang=en last visited 25.April.2012 Status:175 State Parties; 86 Signatories –therefrom 5 have not ratified yet-.
101 The Convention on the Elimination of All Forms of Discrimination against Women was adopted by General Assembly of the United Nations in resolution 34/180 of 18 December 1979 entering into force 3 September 1981. 1249 UNTS 13. Status of ratification in United Nations Treaty Collection, available at:
http://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=IV-8&chapter=4&lang=en last visited 25.April.2012 Status: 187 State Parties, 99 Signatories -2therefrom have not ratified yet-.
102 The Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment was adopted by the General assembly Resolution 39/46 of 10 December 1984 entering into force 26 June 1987. 1465 UNTS 85. Status of ratification in United Nations Treaty Collection, available at:
http://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=IV-9&chapter=4&lang=en Last visited 25.April.2012. Status: 150 State Parties, 78 Signatories -10 therefrom have not ratified yet-.
103 The Convention on the Rights of the Child was adopted by the General Assembly resolution 44/45 of 20 November 1989 entering into force 2 September 1990. 1577 UNTS 3. Status of ratification in United
Nations Treaty Collection, available at:
http://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=IV-11&chapter=4&lang=en last visited 25.April.2012. Status: 193 State Parties, 140 Signatories -2 therefrom have not ratified yet-.
104 The Convention on the Prevention and Punishment of the Crime of Genocide was adopted by the General Assembly resolution 260 (III) of 9 December 1948 entering into force 12 January 1951. Text at 78 UNTS 277. Status of ratification in United Nations Treaty Collection, available at:
entered into force on 12 January 1951. This convention came into being as a direct result of the Holocaust. The convention declares that genocide, whether committed in times of peace or war, is a crime under international law. All of these conventions have a monitoring body, known as treaty-based bodies, which is responsible for the implementation of the treaty's objectives.
1 The wording of the Preambles in Human Rights Conventions
In one respect, the preambular language of each of the above-mentioned conventions is distinct. This should not surprise us given that the objective of each convention is to develop more specific rules relating to specific rights or rights relative to specific groups of persons. In another respect, there are many similarities among them. All relevant conventions dedicate their first recitals to a consideration of the UN Charter, the UDHR and other international legal relevant documents, including the two covenants, in relevant part, that legitimize the implementation of the expanded rights contained therein. Of particular importance is the reference made by these conventions, directly or indirectly, to the principles of dignity and equality inherent to all human beings. In other words, all human rights proclaimed in these conventions take human dignity as their starting point. In addition, these conventions contain important definitions in the context of international law, such as: the definition of discrimination105, the definition of genocide106, and the definition of torture.107 Such definitions are useful when interpreting rules that can lay outside the legal human rights system.
http://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=IV-1&chapter=4&lang=en last visited 25.April.2012. Status: 142 States Parties, 41 Signatories – 1therefrom has not ratified yet-.
105 ICERD Art 1 (1)" In this Convention, the term "racial discrimination" shall mean any distinction, exclusion, restriction or preference based on race, colour, descent, or national or ethnic origin which has the purpose or effect of nullifying or impairing the recognition, enjoyment or exercise, on an equal footing, of human rights and fundamental freedoms in the political, economic, social, cultural or any other field of public life".
106 Genocide Convention Art 2 "In the present Convention, genocide means any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious groups, as such (a) Killing members of the group; (b) Causing serious bodily or mental harm to members of the group; (c) Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part (d) Imposing measures intended to prevent births within a group (e) Forcibly transferring children of the group to another group".
107CAT Art.1(1) "the term "torture" means any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession, punishing him for an act he or a third person has committed or is suspected of having committed, or intimidating or coercing him or a third person, or for any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity. It does not include pain or suffering arising only from, inherent in or incidental to lawful sanctions".