国际人权法的渊源

Right to self-determination, development, control over resources, clean environment, a right to peace.
Overview(cont.)
Characteristics of Human Rights • Universal • Internationally guaranteed • Legally protected • Protect individuals and groups • Cannot be taken away • Equal and indivisible • Oblige States and State actors
The International Covenant on Economic, Social and Cultural Rights(ICESCR,1966)《经 济权利、社会权利和文化权利国际公约》
the Universal Declaration of Human Rights《世界人权宣言》
Sources of International Human Rights
general international agreements
（普遍性的国际文件）
the Universal Declaration of Human Rights(UDHR,1948)《世界人权宣言》
The International Covenant on Civil and Political Rights (ICPR,1966)《公民权利与政治 权利国际公约》
which, together with the UDHR, are now known as the International Bill of Human Rights
The International Covenant on Civil and Political Rights(ICPR):
In 1948, the UN General Assembly adopted the Universal Declaration of Human Rights. The Declaration enumerates civil, political, economic, social, and cultural rights, but the Declaration contains no provisions for monitoring or enforcement.
Overview(cont.)
Hn Rights
• ‘First generation’ rights– civil and political rights
Freedom of speech, religion, fair trial Protection of persons against draconian states
Prohibits discrimination on the basis of “race, color, sex, language, religion, political or other opinion, national or social origin, property, birth or other status” without regard to citizenship Prohibits torture and cruel, inhuman or degrading treatment or punishment (personal integrity) Prohibits slavery Limits the use of the death penalty in countries that allow it to the most serious crimes committed by persons over 18
• ‘Second generation’ rights– economic, social, and
cultural rights Rights to health, to work, security, education
• ‘Third generation’ rights–group and collective rights
Overview(cont.)
the main content of article 38 of the Statute of the International Court of Justice
“international conventions”国际协约; “international custom国际习惯(as evidence of a general practice accepted as law)”; “general principles of law recognized by” the community of nations一般法律原则; “judicial decisions and the teachings of the most highly qualified publicists ... As subsidiary means for the determination of rules of law”司法判例及 公法学家之学说.
The basic rights and freedoms to which all humans are entitled, often held to include the right to life and liberty, freedom of thought and expression, and equality before the law.
ICPR and ICESCR
In 1966, the General Assembly adopted:
The International Covenant on Civil and Political Rights The International Covenant on Economic, Social and Cultural Rights
CHAPTER 4 SOURCES OF
INTERNATIONAL HUMAN RIGHTS LAW
第四章 国际人权法的渊源
Law School, Hunan University Professor Nie, Zilu
湖南大学法学院聂资鲁教授
Overview
Definition of Human Rights