
- •22) What is the purpose of the International Convention on the Elimination of All Forms of Racial Discrimination?
- •23) Give the definition of torture.
- •24) Give a definition of discrimination against women.
- •26) Which implies implementation of human rights?
- •27) Identify the basic function of the un Commission on Human Rights.
- •28) Describe what does the basic meaning of the Optional Protocol to the International Covenant on Civil and Political Rights.
- •29) List the institutional bodies for the protection of human rights.
- •30) List the treaty bodies for the protection of human rights.
- •32) List the sources of human rights in international law.
- •33) List from which international instrument and from what year originates modern international human rights law.
- •34) Specify that a prerequisite of the complaint before an international body.
- •35) Determine the Regional Convention on Human Rights.
- •36) List who is entitled to file a private complaint to the un Commission on Human Rights.
- •37) Compare what is the difference between the protection of human rights in the regions from the human rights protection mechanism at the universal level.
34) Specify that a prerequisite of the complaint before an international body.
Ответ: Before bringing a case to the international human rights bodies, several important issues need be taken into account:
1) Claims can only be submitted against states that: a) are parties to the respective treaty, and b) have recognized the competence of the supervisory body to consider complaints from individuals.
2) The alleged violation must relate to a right actually protected by treaty. Therefore, the first step is to identify an international instrument that protects the right or rights which allegedly have been violated by the state.
3) But one of the main rules is the rule of exhaustion of domestic remedies. You have exhausted all domestic remedies.
4) Time limits: Some instruments contain time limits within which a complaint has to be filed. At this point, you should make sure that in the communication you have:
1) Sufficiently demonstrated that a violation has occurred;
2) Identified yourself (no anonymous petitions are allowed); and
3) Not used insulting language.
35) Determine the Regional Convention on Human Rights.
Ответ: The work of the UN in the human rights field, for which the provisions of the Charter have been the point of departure, has also inspired important developments in the protection of human rights on the regional level by the Council of Europe, the Organization of American States, and the Organization of African Unity.
1) The European Convention on Human Rights;
2) The European Social Charter;
3) The American Convention on Human Rights;
4) The African Charter on Human and Peoples' Rights.
These regional documents regulate relations in protection of human rights on the regional level.
36) List who is entitled to file a private complaint to the un Commission on Human Rights.
Ответ: The ability of individuals to complain about the violation of their rights in an international arena brings real meaning to the rights contained in the human rights treaties. There are three main procedures for bringing complaints of violations of the provisions of the human rights treaties before the human rights treaty bodies:
1) Individual communications;
2) State-to-state complaints; and
3) Inquiries.
There are also procedures for complaints, which fall outside of the treaty body system - through the Special Procedures of the Human Rights Council and the Human Rights Council Complaint Procedure.
37) Compare what is the difference between the protection of human rights in the regions from the human rights protection mechanism at the universal level.
Ответ: At the universal level the control for the protection of human rights belongs to the UN, and at the regional level, it takes place in the framework of the Council of Europe, the Organization of American States, OSCE, etc.
We can safely say that the two levels of protection and promotion of human rights are more effective, because without them there would be no certain system. Human rights protection as the starting system is defined at the universal level (UN) and continues at the regional (for example, OSCE), for greater human rights protection and promotion.