Obligations and enforcement
5 important questions on Obligations and enforcement
Different treatment reflected in human rights law: between cipo and ecr rights
United Nations: despite UDHR, 2 Covenants:
-International Covenant on Civil and Political Rights (ICCPR);
-International Covenant on Economic, Social and Cultural Rights
(ICESCR)
In Europe:
-European Convention on Human Rights (CiPO)
-European Social Charter (ESC)
Human rights & Globalization session
2
What is the maximum of aviable resources?
• Circumstances in a country can/must be taken into
account
• Core content
• Avoiding regressive measures• Degree of discretion: legislative, administrative, judicial, social,
educational, or other methods
• Certain rights of immediate effect (equality, right to work, right to
education)l.
What are certain rights of immediate effect?
• article 7(a)(i): right to fair wages and equal remuneration for work of equal
value without distinction; equal working conditions for men and women
• article 8: right to form and join trade unions
• article 10(3): special protection of children and young persons from
economic and social exploitation (regulation of child labour: minimum
age; no hazardous jobs)
• article 13(2)(a): compulsory and free primary education
• article 13(3): liberty of parents to choose school
• article 13(4): freedom of education
• article 15(3): freedom of scientific research
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How do we see if something is avoiding regressive measures?
Avoiding regressive measures:
•Temporary
•Necessary & proportionate
•Affected groups consulted
•Impact assessment
•Non-discriminatory
•Independent assessment
Human Rights Law & Globalization
What is harold kohls view horzintonal and vertical?
→ Horizontal story of human rights: failure, however
→ Vertical story involves many actors (States, NGOs, human rights
defenders, national courts etc.) is rich = Transnational legal
process much more complex
The question on the page originate from the summary of the following study material:
- A unique study and practice tool
- Never study anything twice again
- Get the grades you hope for
- 100% sure, 100% understanding
