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PIL: WEEK 9 - Coggle Diagram
PIL: WEEK 9
INTERNATIONAL HUMAN RIGHTS LAW
A. RIGHT TO LIFE
B. FREEDOM FROM TORTURE
C. RIGHT TO SELF-DETERMINATION
D. TREATMENT OF ALIENS
E. STATELESSNESS/REFUGEES
UDHR
LIFE, LIBERTY, & SECURITY OF PERSON
Everyone has the right to life, liberty and the security of person. (Article 3 UDHR)
TORTURE, CRUEL, INHUMAN, OR DEGRADING TREATMENT OR PUNISHMENT
Article 5 No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.
NATIONALITY
AGAINST ARBITRARY DEPRIVATION OF NATIONALITY
CHANGE NATIONALITY
Article 15
Everyone has the right to a nationality.
No one shall be arbitrarily deprived of his nationality nor denied the right to change his nationality
ICCPR
Article 1
RIGHTS
SELF-DETERMINATION
a.
FREELY DETERMINE POLITICAL STATUS
b.
FREELY PURSUE ECONOMIC, SOCIAL, AND CULTURAL DEVELOPMENT
(1) All peoples have the right of self-determination. By virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development.
FREE DISPOSAL OF NATURAL WEALTH & RESOURCES
a.
WITHOUT PREJUDICE TO OBLIGATIONS OF INTERNATIONAL ECONOMIC CO-OPERATION
b.
BASED ON PRINCIPLE OF MUTUAL BENEFIT
c.
BASED ON INT'L LAW
d.
WITHOUT DEPRIVATION OF OWN MEANS OF SUBSISTENCE
(2) All peoples may, for their own ends, freely dispose of their natural wealth and resources without prejudice to any obligations arising out of international economic co-operation, based upon the principle of mutual benefit, and international law. In no case may a people be deprived of its own means of subsistence.
OBLIGATIONS:
RESPECT & ENSURE RIGHTS OF ALL INDIVIDUALS RECOGNIZED BY THIS COVENANT
a.
SUBJECT TO ITS JURISDICTION
b.
WIHOUT DISTINCTION OF ANY KIND
Article 2
(1) Each State Party to the present Covenant undertakes to respect and to ensure to all individuals within its territory and subject to its jurisdiction the rights recognized in the present Covenant, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.
ADOPT LAWS OR OTHER MEASURES NECESSARY TO GIVE EFFECT TO THE RIGHTS IN RECOGNIZED IN THIS COVENANT
(2) Where not already provided for by existing legislative or other measures, each State Party to the present Covenant undertakes to take the necessary steps, in accordance with its constitutional processes and with the provisions of the present Covenant, to adopt such laws or other measures as may be necessary to give effect to the rights recognized in the present Covenant.
ENSURE:
A.
EFFECTIVE REMEDY TO PERSONS WHOSE RIGHTS/FREEDOMS ARE VIOLATED
(3) Each State Party to the present Covenant undertakes:
(a) To ensure that any person whose rights or freedoms as herein recognized are violated shall have an effective remedy, notwithstanding that the violation has been committed by persons acting in an official capacity;
B.
JUDICIAL/ADMINISTRATIVE/LEGISLATIVE or ANY OTHER COMPETENT AUTHORITY
a.
WHICH DETERMINES SUCH RIGHT TO EFFECTIVE REMEDY
b.
PROVIDED BY LEGAL SYSTEM OF THE STATE
c.
TO DEVELOP POSSIBILITIES OF JUDICIAL REMEDY
(b) To ensure that any person claiming such a remedy shall have his right thereto determined by competent judicial, administrative or legislative authorities, or by any other competent authority provided for by the legal system of the State, and to develop the possibilities of judicial remedy;
C.
ENFORCEMENT OF SUCH REMEDIES
(c) To ensure that the competent authorities shall enforce such remedies when granted.
DEATH PENALTY:
Article 6
INHERENT RIGHT TO LIFE
a.
PROTECTED BY LAW
b.
NOT TO BE ARBITRARILY DEPRIVED
(1) Every human being has the inherent right to life. This right shall be protected by law. No one shall be arbitrarily deprived of his life.
DEATH PENALTY
a.
SERIOUS CRIMES ONLY
b.
IN ACCORDANCE WITH LAW IN FORCE AT TIME OF COMMISSION OF CRIME
c.
NOT CONTRARY TO PROVISIONS OF:
-i.
THIS COVENANT
-ii.
CONVENTION ON PREVENTION AND PUNISHMENT OF CRIME OF GENOCIDE
d.
FINAL JUDGMENT
(2) In countries which have not abolished the death penalty, sentence of death may be imposed only for the most serious crimes in accordance with the law in force at the time of the commission of the crime and not contrary to the provisions of the present Covenant and to the Convention on the Prevention and Punishment of the Crime of Genocide. This penalty can only be carried out pursuant to a final judgement rendered by a competent court.
NOTHING IN THIS ARTICLE SHALL AUTHORIZE ANY STATE PARTY TO THIS COVENANT TO DEROGATE FROM THE CPPCG
(3) When deprivation of life constitutes the crime of genocide, it is understood that nothing in this article shall authorize any State Party to the present Covenant to derogate in any way from any obligation assumed under the provisions of the Convention on the Prevention and Punishment of the Crime of Genocide.
RIGHT TO SEEK PARDON OR COMMUTATION OF SENTENCE
(4) Anyone sentenced to death shall have the right to seek pardon or commutation of the sentence. Amnesty, pardon or commutation of the sentence of death may be granted in all cases.
SHALL NOT BE IMPOSED ON:
a.
BELOW 18
b.
PREGNANT WOMEN
(5) Sentence of death shall not be imposed for crimes committed by persons below eighteen years of age and shall not be carried out on pregnant women.
NOTHING IN THIS ARTICLE SHALL BE INVOKED TO DELAY/PREVENT ABOLITION OF CAPITAL PUNISHMENT BY ANY STATE PARTY
(6) Nothing in this article shall be invoked to delay or to prevent the abolition of capital punishment by any State Party to the present Covenant.
TORTURE
CRUEL, INHUMAN, OR DEGRADING TREATMENT or PUNISHMENT
MEDICAL or SCIENTIFIC EXPERIMENTATION
a.
WITHOUT FREE CONSENT
Article 7
No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment. In particular, no one shall be subjected without his free consent to medical or scientific experimentation.
STATE PARTIES TO COVENANT SHALL :
a.
PROMOTE REALIZATION OF RIGHT OF SELF-DETERMINATION
b.
RESPECT THAT RIGHT
(3) The States Parties to the present Covenant, including those having responsibility for the administration of Non-Self-Governing and Trust Territories, shall promote the realization of the right of self-determination, and shall respect that right, in conformity with the provisions of the Charter of the United Nations.
ICESCR
Article 1
RIGHTS
SELF-DETERMINATION
a.
FREELY DETERMINE POLITICAL STATUS
b.
FREELY PURSUE ECONOMIC, SOCIAL, AND CULTURAL DEVELOPMENT
(1) All peoples have the right of self-determination. By virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development.
FREE DISPOSAL OF NATURAL WEALTH & RESOURCES
a.
WITHOUT PREJUDICE TO OBLIGATIONS OF INTERNATIONAL ECONOMIC CO-OPERATION
b.
BASED ON PRINCIPLE OF MUTUAL BENEFIT
c.
BASED ON INT'L LAW
d.
WITHOUT DEPRIVATION OF OWN MEANS OF SUBSISTENCE
(2) All peoples may, for their own ends, freely dispose of their natural wealth and resources without prejudice to any obligations arising out of international economic co-operation, based upon the principle of mutual benefit, and international law. In no case may a people be deprived of its own means of subsistence.
STATE PARTIES TO COVENANT SHALL :
a.
PROMOTE REALIZATION OF RIGHT OF SELF-DETERMINATION
b.
RESPECT THAT RIGHT
(3) The States Parties to the present Covenant, including those having responsibility for the administration of Non-Self-Governing and Trust Territories, shall promote the realization of the right of self-determination, and shall respect that right, in conformity with the provisions of the Charter of the United Nations.
STATE PARTIES SHALL
TAKE STEPS WITH A VIEW TO ACHIEVING PROGRESSIVELY THE FULL REALIZATION OF THE RIGHTS IN THE ICESCR
a.
INDIVIDUALLY & THROUGH INTERNATIONAL ASSISTANCE AND CO-OPERATION
b.
TO THE MAXIMUM OF ITS AVAILABLE RESOURCES
(1) Each State Party to the present Covenant undertakes to take steps, individually and through international assistance and co-operation, especially economic and technical, to the maximum of its available resources, with a view to achieving progressively the full realization of the rights recognized in the present Covenant by all appropriate means,
including particularly the adoption of legislative measures.
NO DISCRIMINATION OF ANY KIND
(2) The States Parties to the present Covenant undertake to guarantee that the rights enunciated in the present Covenant will be exercised without discrimination of any kind as to race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.
DEVELOPING COUNTRIES MAY DETERMINE THE EXTENT THEY GUARANTEE ECONOMIC RIGHTS IN THE ICESCR
(3) Developing countries, with due regard to human rights and their national economy, may determine to what extent they would guarantee the economic rights recognized in the present Covenant to non-nationals.
REFCON
Article 1. - Definition of the term "refugee"
A. For the purposes of the present Convention, the term "refugee" shall apply to any person who:
(1) Has been considered a refugee under the Arrangements of 12 May 1926 and 30 June 1928 or under the Conventions of 28 October 1933 and 10 February 1938, the Protocol of 14 September 1939 or the Constitution of the International Refugee Organization;
Decisions of non-eligibility taken by the International Refugee Organization during the period of its activities shall not prevent the status of refugee being accorded to persons who fulfil the conditions of paragraph 2 of this section;
REFPRO
"REFUGEE" NO LONGER RESTRICTED TO THOSE WHO ARE SUCH AS A RESULT OF THE EVENTS STATED IN THE 1951 CONVENTION
The States Parties to the present Protocol undertake to apply articles 2 to 34 inclusive of the Convention to refugees as hereinafter defined.
For the purpose of the present Protocol, the term "refugee" shall, except as regards the application of paragraph 3 of this article, mean any person within the definition of article I of the Convention as if the words "As a result of events occurring before 1 January 1951 and..." and the words "...as a result of such events", in article 1 A (2) were omitted.
The present Protocol shall be applied by the States Parties hereto without any geographic limitation, save that existing declarations made by States already Parties to the Convention in accordance with article I B (I) (a) of the Convention, shall, unless extended under article I B (2) thereof, apply also under the present Protocol