| A | B |
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| Means of enforcement (reports, observations, follow up, monitoring, recommendations, and petitions, individual, communications, state-to state, complaints inquires. | mmmmmmmmmmmmm |
| International Criminal Court | Permanent judicial body established by the Rome Statute of the International Criminal Court (1998) to prosecute individuals accused of genocide, war crimes, and crimes against humanity. The court commenced operations on July 1, 2002; after the requisite number of countries (60) ratified the Rome Statute (some 140 countries signed the agreement). The ICC was established as a court of last resort to prosecute the most heinous offenses in cases where national courts fail to act. It is headquartered in The Hague. By 2002 China, Russia, and the U.S. had declined to participate in the ICC, and the U.S. had campaigned actively to have its citizens exempted from the court's jurisdiction |
| International Tribunals for the former Yugoslavia, Rwanda. | In the wake of ongoing and intensifying wartime atrocities in Croatia and Bosnia in the early 1990s and the Rwandan genocide of 1994, the UN Security Council created two ad hoc criminal tribunals: the International Criminal Tribunal for the Former Yugoslavia (ICTY) and the International Criminal Tribunal for Rwanda (ICTR). The jurisdiction of these tribunals is limited: the ICTY only has jurisdiction over cases arising within the territory of the Former Yugoslavia since 1991; the ICTR has jurisdiction over cases arising from acts committed in the territory of Rwanda or by Rwandan citizens in neighboring states between January 1, 1994 and December 31, 1994. The ICTY sits in The Hague, Netherlands, and the ICTR sits in Arusha, Tanzania. The ICTR currently has 55 individuals in detention, including the 8 whom the Tribunal has convicted. The ICTR has issued 6 final decisions to date, as 2 of the convicted are still appealing their decisions. Those convicted include Jean-Paul Akayesu, the former Bourgmestre of Taba, and Jean Kambanda, the former Prime Minister of Rwanda. Both have been sentenced to life in prison. These convictions represent the first time since the World War II tribunals that civilian officials have been held criminally liable under international humanitarian laws, and Mr. Akayesu's is the first conviction for genocide. In addition, the ICTR is trying a number of individuals for war crimes based on their role as propagandists, in recognition of the important role that the Hutu-controlled radio stations played in inciting genocidal acts. |
| Means for promoting human rights in a country’s foreign Policy. | Diplomacy verbal, legal actions, economic measures in foreign assistance. Economic measure in trade, and military action. |
| Diplomatic, verbal | Diplomacy for the U.S. there has been an effort to bring about peace in certain areas of the world. Helping to end civil wars, increasing free elections, and assistance refugees. Europe has had achievements after world war II in getting rid of colonies empires of Belgium, Britain, France and Portugal. |
| Legal actions | Legally under the Inter-American Commission on human rights legally the U.S. has set hearings and recommendations to states, precautionary measures for immediate action in certain cases. To take friendly settlements or make a decision on merits. In Europe individuals and organizations have helped to file human right violations committed elsewhere. Several of the cases have gone to European courts. The complaints brought to these courts did not have to wait of the actions of state prosecutors to initiate court action. |
| Economic measures: foreign assistance | The U.S. Has provided an abundance of foreign aid. U.S has also cut ties with Cuba. Europe has been on the frontlines in providing development and disaster assistance, both bilaterally and through intergovernmental organizations. |
| Economic measures trade | Europe has helped economically trade has adopted general system of preferences (GSP). To reduce tariffs on goods from third world countries from their former colonies. |
| Military action | The U.S. has set up treaties to make the rights the man’s family are protected. They set up organizations like the organization of American states OAS so that all human being has essential rights without distinction of race, nationality, sex and creed or social status. Those men have the right to attain material well being and spiritual growth, under liberty, dignity, equality of opportunities and economic security. Europe has struggled to stop human rights abuses abroad and prefer to send their military forces in as UN peacekeepers. France has sent several times military contingents to protection their French citizens in former French colonies. |
| Be able to give some examples of means from the 4 above used by the U.S. and European countries. | mmmmmmmmm |
| Is it acceptable to treat similar human rights situations differently because of differing policy priories? | mmmmmmmmmm |
| Territory | The two best-established jurisdictional bases concern the territoriality and nationality principles, in which states have jurisdiction over crimes committed in their territory or by their nationals. Two other jurisdictional bases have received less consistent acceptance. |
| Nationality | Nationality principles, in which states have jurisdiction over crimes committed in their territory or by their nationals. |
| Passive personality | Passive personality, based on the nationality of the victim. |
| Universal principle | Universality principle refers to jurisdictional claims based only on the nature of the crime, in which none of the other forms of jurisdiction are present in any substantial way. |
| Intergovernmental institutions | An institution whose members are governments. |
| Supranational institutions | An international body that can require government members to change national laws and practices under penalty of sanctions. |
| Council of Europe | The Council of Europe (French: Conceal de l'Europe) is one of the oldest international organizations working towards European integration, having been founded in 1949. It has a particular emphasis on legal standards, human rights, democratic development, the rule of law and cultural co-operation. It has 47 member states with some 800 million citizens. It is distinct from the European Union (EU) which has common policies, binding laws and only twenty-seven members. |
| European Union | The European Union (EU) is an economic and political union between 27 members countries, [9] located primarily in Europe. Committed to regional integration, the EU was established by the Treaty of Maastricht on 1 November 1993 upon the foundations of the European Communities.[10] With over 500 million citizens,[11] the EU combined generates an estimated 28% share (US$ 16.45 trillion in 2009) of the nominal gross world product and about 21.3% (US$14.8 trillion in 2009) of the PPP gross world product.[12] |
| Minority: what constitutes a minority? Is it the same as people or nation? | The minority group also must constitute a sufficient number for the state to recognize it as a distinct part of the society and to justify the state making the effort to protect and promote its interests. Constitute a "national" minority, in the sense of being nationals of the state in which they reside, could prove to be debatable. |
| Do rights attach to individuals or groups? | mmmmmmmmmm |
| Banjul Charter: what is unique about it? | The African Charter on Human and People's Rights followed the footsteps of the European and Inter-American systems by creating a regional human rights system for Africa. The Charter shares many features with other regional instruments, but also has notable unique characteristics concerning the norms it recognizes and also its supervisory mechanism. [2].the preamble commits to the elimination of Zionism, which it compares with colonialism and apartheid [3], In addition to recognizing the individual rights mentioned above the Charter also recognizes collective or group rights, or peoples' rights. As such the Charter recognizes group rights to a degree not matched by the European or Inter-American regional human rights instruments. The Charter awards the family protection by the state (Article 18), while "peoples" have the right to equality (Article 19), the right to self-determination (Article 20), to freely dispose of their wealth and national resources (Article 21), the right to development (Article 22), the right to peace and security (Article 23) and "a generally satisfactory environment" (Article 24). The Charter is also unique as a regional human rights instrument in that it not only awards rights to individuals and peoples, but it also includes duties. The duties recognize include those towards the family and state security, the duties to pay taxes, and to promote the achievement of African unity (Article 29). Article 27(2), which is included under the heading "duties", provides "The rights and freedoms of each individual shall be exercised with due regards to the rights of others, collective security, morality and common interest" |
| Note important points from the international convention on the Protection of the Rights of all Migrant Workers and Members of their Families. What are some of the key rights? | The right to life of migrant workers and members of their families shall be protected by law. No migrant worker or member of his or her family shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment. 1. No migrant worker or member of his or her family shall be held in slavery or servitude. 2. No migrant worker or member of his or her family shall be required to perform forced or compulsory labour. Migrant workers and members of their families shall not be subject to coercion that would impair their freedom to have or to adopt a religion or belief of their choice. Migrant workers and members of their families shall have the right to hold opinions without interference. 1. Migrant workers and members of their families shall have the right to liberty and security of person. Migrant workers and members of their families who have been victims of unlawful arrest or detention shall have an enforceable right to compensation. |
| Migrant worker define | "Migrant worker" refers to a person who is to be engaged, is engaged or has been engaged in a remunerated activity in a State of which he or she is not a national. |
| Undocumented immigrant | "Undocumented immigrant." The pertinent federal agencies use this term for individuals who do not have documents to show they can legally visit, work or live here. An alien (non-citizen) who has entered the United States without government permission or stayed beyond the termination date of a visa. |
| Note the key rights from the Convention on the Elimination of all forms of Discrimination Against Women. What are some of the key rights? | States Parties shall take all appropriate measures to eliminate discrimination against women in the political and public life of the country and, in particular, shall ensure to women, on equal terms with men, the right: To vote in all elections and public referenda and to be eligible for election to all publicly elected bodies; To participate in the formulation of government policy and the implementation thereof and to hold public office and perform all public functions at all levels of government; To participate in non-governmental organizations and associations concerned with the public and political life of the country. 2. Access to the same curricula, the same examinations, teaching staff with qualifications of the same standard and school premises and equipment of the same quality; The elimination of any stereotyped concept of the roles of men and women at all levels and in all forms of education by encouraging coeducation and other types of education which will help to achieve this aim and, in particular, by the revision of textbooks and school programmes and the adaptation of teaching methods; The same opportunities to benefit from scholarships and other study grants; The same opportunities for access to programmes of continuing education, The reduction of female student drop-out rates and the organization of programmes for girls and women who have left school prematurely; The same Opportunities to participate actively in sports and physical education; The right to family benefits; The right to bank loans, mortgages and other forms of financial credit; The right to participate in recreational activities, sports and all aspects of cultural life. |
| Reservations to the CEDAW | mmmmmmmmmm |
| Possible reasons why the U.S. has not ratified CEDAW | Negate family law and undermine traditional family values by redefining the family. Force the U.S. to pay men and women the same for "work of equal value" thus going against our free-market system. Ensure access to abortion services and contraception. Create a possible 'back door' ERA for feminists. Allow same-sex marriage. Legalize prostitution. Promote gender re-education. Negate parental rights. Undermine the sovereignty of the U.S. |
