Global Focus on Knowledge at the University of Tokyo
Summer Session 2007 “Sustainability Observed From Society – Peace, Development,
Human Rights” 8 Lessons“Subjects of International Human Rights Security”

Development ofInternational Human Rights
Security
Yuji Iwasawa
Law department in University of Tokyo
UN Human Rights Committee

http://www.un.org/av/photo/detail/0144795

UNPFIIUN headquarter, New York, 2007

International Law...
Is intended to discipline relationshipbetween nations
 Is designed to be built by a consensusof nations
 Was established in Europe in the 17thcentury
 After establishment, it came to prevail
among nations
Prehistory of International
Human Rights Security
Human rights used to be considered an “internalproblem” by international law

The concept has existed since the19th century-diplomatic protection
statement of “intervention for Human Rights”

It is hardly described as international security ofhuman rights
Paris Peace Conference (1919)
U.S. proposed “freedom of religions” provision Japan proposed “ racial equality” provision Eventually, the provisions of the League of
Nations did not provide security for human rights

http://www.Indiana.edu/~librcsd/nt/db.cgi?db=ig&do=search_results&details=2&ID=93&ID-opt==

The 1st Assembly of The League of Nations
Geneva 1920

The League of Nations
 Declarations and treaties for protection of minorities

 Poland etc.
 They were put under the protection of The
League of NationsProtection of Labor and establishment of anInternational Labor Organization

http://www.Indiana.edu/~librcsd/nt/db.cgi?db=ig&do=search_results&details=2&ID=134&ID-opt==

The 1st Assembly of the ILO
Geneva , 1921

Four Freedoms
President Franklin Delano Roosevelt (State of theUnion Address, January of 1941)
Freedom of Speech Freedom of worship Freedom from want
 Freedom from fearhttp://upload.wikimedia.org/wikipedia/commons/c/c6/Prince_of_Wales-5.jpg

Atlantic Chapter
On Atlantic, August 1941

Atlantic Charter
Sixth, after the final destruction of the Nazityranny, they hoped to see established apeace which will afford to all nations themeans of dwelling in safety within their own
boundaries, and which will afford assurance
that all the men in all lands may live out theirlives in freedom from fear and want;http://www.un.org/UN50/Photos/un50-013.gif

Joint Declaration of the United Nations
The Washington Declaration
Washington January,1942

Joint Declaration of the United Nations
Having subscribed to…….the Atlantic Charter
Being convinced that complete victory over their enemies isessential to defend life, liberty, independence and religious
freedom, and to preserve human rights and justice in theirown lands as well as in other lands, and that they are now
engaged in a common struggle against savage and brutal
forces seeking to subjugate the world,

http://www.state.gov/cms_images/fy2005par_perf_sg5_4b.jpg

the United Nations Conference delegates unanimously adopt the United
Nations Charter in San Francisco, California, June 26, 1945. AP PhotoCharter of the United Nations
Article 1 The Purposes of the United Nations are:
1 To maintain international peace and security
2 The principle of equal rights and self-determination ofpeoples
3 To achieve international cooperation in solving international
problems of an economic, social, cultural, or humanitariancharacter, and in promoting and encouraging respect forhuman rights and for fundamental freedoms for all without
distinction as to race, sex, language, or religion

Charter of the United Nations
Article 55 the United Nations shall promote :Universal respect for, and observance of, human rights
and fundamental freedoms for all without distinction
as to race, sex, language, or religion.
Article 56 All Members pledge themselves to take joint
and separate action in cooperation with theOrganization for the achievement of the purposes set
forth in Article 55.

The Effect of the Provision of the UN Charter
relating to Human Rights

 Academic theories and Nations which

deny legal obligation to protect humanrights
 UN continues to recognize it as a legalobligation

Charter of the United Nations
Article 2, 7
Nothing contained in the present Charter shallauthorize the United Nations to intervene in matterswhich are essentially within the domestic
jurisdiction of any state or shall require theMembers to submit such matters to settlement under
the present Charter;Human Rights Are Not Domestic
Matters
UN sees successive form ofserious violation of human rights
such as racial discrimination
policy as domestic jurisdiction
matters

Article 55 the United Nations shall promote :Universal respect for, and observance of, human rights andfundamental freedoms for all without distinction as to race,sex, language, or religion.
Article 56 All Members pledge themselves to take join andseparate action in cooperation with the Organization for
the achievement of the purposes set forth in Article 55.

http://www.un.org/av/photo/detail/0126485

Drafting committee of
The international Bill of Human Rights
The United Nations Commission on Human Rights, 1947

Form of“International Bill of Human Rights”
 Should be “declaration” (USA) Should be “treaty” (Britain)

Both “declaration” and “treaty” werecreatedUniversal Declaration ofHuman Rights
Adapted in UN assembly on December
1948
 30 articles
 Social Rights are stipulated from article
22 to article 27
 Not a treatywww.unhcr.ca/shelter/images/roosevelt.jpg

Universal Declaration of Human Rights (1948)
Anna Eleanor Roosevelt

The Effect of the Universal Declaration ofHuman rights
UN organizations supports it asdemonstrating the content of the Bill’s“Human Rights and Basic freedom”
 Many constitutions are influenced by thisdeclaration
 Formally, it has no legal obligationUniversal Declaration of Human Rights
and Customary International Law
The Universal Declaration of Human Rights is overall“Customary International Law”
 Some elements of Human Rights embedded in Universal
Declaration of Human Rights are “Customary InternationalLaw”
¾ Prohibition of genocide¾ Prohibition of torture¾ Prohibition of arbitrary restriction¾ Institutional racial discrimination etc.

Process of Establishing International
Covenant on Civil and Political Rights
Works to make the Treaty based on Universal Declaration of HumanRights (1948-1966) Policy to divide first-generation civil and political rights from secondgeneration economic, social, and cultural rights
 Both covenants were adopted (1966) The first optional protocol was also created, which enables individuals tosubmit complains, known as communications to HRC
 The second optional protocol was added, which abolishes the death penalty(1989）


Convents of International Covenant
on Civil and Political Rights
Second Generation Human Rights are expanded overUniversal Declaration of Human Rights
 Added rights cannot be seen in Universal Declarationof Human Rights, such as Self-determination (article 1),minority rights (article 27) etc
 This Treaty does not bind any nation that has not ratified it
First generation（China etc)
Second generation (USA) Included implementation
Second Generation andFirst Generation



Second Generation Rights
stipulate nations’ positive obligation
obligation of gradual implementation
First Generation Rights
stipulate nations' negative obligation
obligation of instant implementation
Critics to this dualistic interpretation

Major Treaties on Human Rights(1)
１ International Covenant on Civil and Political Rights（
1966）
International Covenant on Civil and Political Rights
International Covenant on Economic, Social and Cultural Rights
First Optional Protocol to the International Covenant on Civil andPolitical Rights
Second Optional Protocol to the International Covenant on Civil andPolitical Rights （1989）

２ International Convention on the Elimination of All Forms of Racial
Discrimination

３ Convention on the Elimination of all Forms of Discrimination
against Women （1979）
Optional Protocol to the Convention on the Elimination ofDiscrimination against Women （1999）

Major Treaties on Human Rights(2)
Convention against Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment （1984）
Optional Protocol to the Convention against Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment(2002）
５ Convention on the Rights of the Child（1989）
Optional Protocol to the Convention against Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment (2000)
 Optional Protocol to the Convention on the Rights of the Child on theSale of Children, Child Prostitution and Child Pornography (2000)
６ International Convention on the Protection of the Rights of All MigrantWorkers and Members of Their Families（1990）
４

Major Treaties on Human Rights(3)
７ International Convention for the Protection of all
Persons from Enforced Disappearance（2006）
８ Convention on the Rights of Persons with Disabilities
Optional Protocol to the Convention on the Rights ofPersons with disabilities (2006）http://www.un.org/av/photo/detail/0141861

Signature Ceremony of the Convention onthe Rights of Persons with Disabilities.

UN General Assembly, New York, March, 2007

Other Treaties on Human Rights
Convention on the Prevention and Punishment ofCrime of Genocide(1948)

 Convention Relating to the Status ofRefugees (1951)
Protocol Relating to the Status of Refugees
 International Convention on the Suppression andPunishment of the Crime of Apartheid (1973)

Declarations and Resolutions
Relating to Human Rights
UN Standard Minimum Rules for the Treatment of Prisoners（1955）
 Draft Declaration on Territorial Asylum(1967)
 Declaration on the Human Rights of Individuals Who are not
Nationals of the Country in Which They Live （1985）
 Declaration on the Right to Development （1986）
 Declaration on the Rights of Persons Belonging to National or
Ethnic, Religious and Linguistic Minorities （1992）etc
Formally, they have no legal binding
Customary International Law?
Interpretational standard of treaties of Human Rights?

Implementation ofTreaties on Human Rights
１． Communications from states
２． Individual Communications
３． National Communications

Global Focus on Knowledge at the University of TokyoSummer Session 2007 “Sustainability Observed From Society – Peace, Development,
Human Rights” 8 Lessons“Subjects of International Human Rights Security”

The EndThe 2nd lessons
June 5th, 2007 (Tue)
16：20～17：50