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Гольцева О.Ю. Международное право в официальных документах. Под ред. И.А. Горшеневой

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ternational Covenant on Economic, Social and Cultural

Rights. The Committee currently meets in three sessions each year in Geneva.

The Committee on the Elimination of Discrimination against Women was established pursuant to Article 17 of the Convention on the Elimination of All Forms of Discrimination against Women to supervise its implementation .The Committee meets in two sessions each year in New York.

The Committee on the Elimination of Racial Discrimination was established pursuant to Article 8 of the Convention on the Elimination of All Forms of Racial Discrimination to supervise the implementation of the Convention. The Committee currently meets in two sessions each year in Geneva.

The Committee on the Protection of the Rights of All Migrant Workers and members of Their Families was established pursuant to Article 72 of the Convention on the Protection of the Rights of All Migrant Workers and members of Their Families to supervise the implementation of the Convention. The Committee currently meets in Geneva.

The Committee on the Rights of the Child was established pursuant to Article 43 of the Convention on the Rights of the Child to supervise the implementation of the said Convention. The Committee currently meets in three sessions each year in Geneva.

The Human Rights Committee was established pursuant to Article 28 of the International Covenant on Civil and Political Rights. The Committee meets in three sessions each year in New York and Geneva.

The European Convention on Human Rights (ECHR) was first adopted in 1950 and has now been signed by every country of Western Europe. Individual citizens of these countries have the right to bring a complaint before the European Commission if they think their government has broken the Convention. If the Commission agrees, it may try to persuade the country in question to rectify the breach, or it may refer the matter to the European Court

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of Human Rights, which has the right to order a change of law in that country.

However, individual governments still manage to delay making changes to their laws by claiming special national interests.

When the laws of a country violate human rights, groups like Amnesty International protest to the government on moral grounds. Legal arguments are also used— references to the constitution of the country itself and to any relevant international agreements which its government has signed. But despite the development of legally binding national and international conventions, millions of people in the world still do not enjoy human rights.

Exercise 3. Pay attention to the use of the prepositions.

International agreements concerning the treatment of individuals; the Universal Declaration of Human Rights; the International Covenant on Civil and Political Rights;

United Nations High Commissioner for Human Rights; the Commission on Human Rights; the Convention against Torture and Other cruel, Inhuman or Degrading Treatment or Punishment; the Committee on the Elimination of Racial Discrimination

Exercise 4. Study these word combinations and make up sentences of your own.

to enjoy

 

to violate

human rights

to infringe

basic freedoms and rights

to protect

fundamental rights

to acknowledge

individual rights

to implement

 

to ensure

 

to observe

 

 

 

 

 

 

 

 

 

 

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Exercise 5. Fill in the chart.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Date of

 

Meet-

 

Name of the body

estab-

Func-

ing

Venue

lish

tions

sched

 

 

 

 

ment

 

ule

 

 

 

 

 

 

Committee on the Elimi-

 

 

 

 

nation of Racial Discrim-

 

 

 

 

ination

 

 

 

 

 

 

 

 

 

 

 

 

Committee against

 

 

 

 

Torture

 

 

 

 

 

 

 

 

 

 

 

 

Committee on Economic,

 

 

 

 

Social

and

Cultural

 

 

 

 

Rights

 

 

 

 

 

 

 

 

 

 

 

 

Committee on the Elimi-

 

 

 

 

nation

of Discrimination

 

 

 

 

against Women

 

 

 

 

 

 

 

 

 

 

 

Protection of the

Rights

 

 

 

 

of All

Migrant

Workers

 

 

 

 

and members

of

Their

 

 

 

 

Families

 

 

 

 

 

 

 

 

 

 

 

 

 

Committee

on

the

 

 

 

 

Rights of the Child

 

 

 

 

 

 

 

 

 

 

Human Rights Committee

 

 

 

 

 

 

 

 

 

 

 

 

Exercise 6. Study the following table. The English expressions below correspond to the Russian

 

 

accordance

WITH

 

 

conformity

WITH

«в соответствии с чем-либо»

 

compliance

WITH

«согласно чему-либо»

IN

pursuance

OF

 

 

 

«во исполнение чего-либо»

 

keeping line

WITH

 

pursuant

TO

 

 

 

 

according

TO

 

 

 

 

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Exercise 7. Fill in the appropriate prepositions.

1.The States Parties ___ the present Covenant shall respect human rights ___ pursuance ___ the provisions ___

the UN Charter.

2.Reservations ___ this Protocol maybe made ___

compliance ___ international law.

3.___ the arbitral decision, the Contracting Party which has made known its dissatisfaction shall have the right to require the other Contracting Party to maintain the tariffs previously ___ force.

4.The third paragraph ___ article 12 shall also apply

___ any information which, ___ virtue ___ this article, is supplied ___ the competent authority ___ the requested State.

5.___ the event ___ denunciation, the Contracting Parties shall take all necessary action to ensure the continuation and completion ___ all contracts signed ___ this Protocol.

6.The Chairman shall exercise the powers ___ his office

___ accordance ___ customary practice.

Exercise 8. Translate into English paying attention to the words and phrases in bold type.

1.Во исполнение статьи 17 Конвенции по защите прав мигрантов и членов их семей был создан одноименный комитет.

2.В соответствии с основными обязательствами, изложенными в статье 2 настоящей Конвенции, государ- ства-участники обязуются не допускать дискриминации во всех её проявлениях

3.Генеральный секретарь Организации Объединённых Наций согласно статье 48 уведомляет представителей государств-членов ООН обо всех текущих изменениях в работе Организации.

235

4.Во исполнение своих обязанностей, вытекающих из Устава ООН, Экономический и Социальный Совет может вступать в соглашения со специализированными учреждениями, деятельность которых направлена на реализацию прав человека и основных свобод.

5.В соответствии с рекомендациями экспертов были значительно усилены программы в области защиты окружающей среды.

Exercise 9. Read the text about the United Nations

Convention on the Rights of the Child and answer these questions.

1.What is The United Nations Convention on the Rights of the Child?

2.When and why was the Convention adopted?

3.Who is considered a child within the meaning of the Convention?

4.What parts does the document consist of?

5.What general principles are proclaimed in the Convention?

6.Is the convention binding?

The UN Convention on the Rights of the Child

The United Nations Convention on the Rights of the Child (UNCRC) is a comprehensive, internationally binding agreement on the rights of children, adopted by the UN General Assembly in 1989. It incorporates children's rights.

236

A child is defined in the UNCRC as a person under the age of 18 years. The Preamble of the UNCRC acknowledges the family as the fundamental unit of society and the natural environment for the growth and well-being of children. The Preamble also states that the family should be afforded the nec-

essary protection and assistance so that it can fully assume its responsibilities within the community.

Each of the substantive articles, Articles 1-41, details a different type of right.

Within the UNCRC, four articles are afforded special emphasis, as they are basic to the implementation of all other rights. These four articles are often referred to as 'general principles'. These are:

that all the rights guaranteed by the UNCRC must be available to all children without discrimination of any kind (Article 2);

that the best interests of the child must be a primary consideration in all actions concerning children (Article 3);

that every child has the right to life, survival and development (Article 6); and that the child’s view must be considered and taken into account in all matters affecting him or her (Article 12).

Exercise 10. Group these children's rights under the following themes.

Survival

Development

Protection

Participation

rights

rights

rights

rights

1. children's freedom to express opinions, to have a say in matters affecting their own lives, to join associations and to assemble peacefully. As their abilities develop, children are to have increasing opportunities to participate in the activities of their society, in preparation for responsible adulthood.

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2.the right to education, play, leisure, cultural activities, access to information, and freedom of thought, conscience and religion.

3.the child’s right to life and the needs that are most basic to existence, such as nutrition, shelter, an adequate living standard, and access to medical services.

4.children are safeguarded against all forms of abuse, neglect and exploitation, including special care for refugee children; safeguards for children in the criminal justice system; protection for children in employment; protection and rehabilitation for children who have suffered exploitation or abuse of any kind.

Exercise 11. Answer and debate these questions.

1.Do you think the United Nations Convention on the Rights of the Child is important? Why or why not?

2.Are there countries where the rights of children are infringed? Write a paragraph about the violations of the

Child’s rights in the world and possible measures to safeguard children.

Human rights violations

Torture is defined in the 1949 Geneva Convention, as "the deliberate, systematic or wanton infliction of physical and mental suffering." Sometimes it is used to extract information from prisoners, and sometimes it is used for no other reason than to hurt and frighten them. The use of torture violates international human rights laws, no matter what crime a prisoner has committed.

Between 1980 and 1988, the United Nations investigated over 15,000 disappearances in 40 countries. Governments sometimes kill civilians because of their political beliefs, race, or ever because they were in the wrong place at the wrong time; they then cover up any information about the killing in order to avoid responsibility.

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Human rights groups work to ensure that all trials are fair: that judges and juries are independent and unbiased; that suspects have access to adequate legal advice; and that prisoners are not held in jail for too long before a trial takes place. Amnesty has received reports of people held in Syrian prisons for eighteen years without ever having a trial. In the case of trials of political prisoners, Amnesty insists that they be held in public and that observers from independent countries be allowed to observe the proceedings.

A very large area of human rights law is concerned with refugees. Over fifteen million people have fled from their own countries because of human rights abuses, political pressures or economic hardship; they need international guarantees that they will be treated fairly and humanely in foreign countries. Many are seeking political asylum – the right to live in a new country – because of fears of what will happen to them if they are returned.

Few people would disagree with the right to racial equality, but what about sexual equality?

Political and legal discrimination against women includes lesser voting rights (in parts of Switzerland), official discouragement from entering politics (Singapore) and the need for a wife to get her husband's consent when she applies for a passport (Egypt). In Japan, where only seven of the nation's 1,257 detention centers have any female guards, there have been reports of women being strip searched even for traffic offences. Many women are arrested in Japan are illegal foreign workers, and this makes it less likely that their human rights will be observed. Women also suffer economic and social inequality throughout the world, either doing less well-paid work than men or being paid less for doing the same work. In addition, they are underrepresented in parliaments and on boards of directors.

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Exercise 12. Find in the text above the English equivalents for these words and word combinations.

Пытки, физические и моральные страдания, расследовать исчезновения, из-за политических убеждений, избежать ответственности, не имеющие предубеждений, независимые наблюдатели, бежать из страны, нарушение прав, обращаться справедливо и гуманно, просить политического убежища, из страха, расовое равенство, получить согласие, страдать от неравенства.

Exercise 13. Cover the text above and fill in the appropriate prepositions.

1.Torture is defined ___ the 1949 Geneva Convention

___ "the deliberate, systematic or wanton infliction ___

physical and mental suffering used ___ extract information

___ prisoners.

2.Governments sometimes kill civilians ___ ___ their political beliefs, race, or ever because they were ___ the wrong place ___ the wrong time.

3.Human rights groups work ___ ensure that all trials are fair, that suspects have access ___ adequate legal advice; and that prisoners are not held ___ jail ___ too long

___ a trial takes place.

4.Refuges are seeking political asylum—the right ___

live ___ a new country—because ___ fears ___ what will happen ___ them if they are returned.

5.Women suffer economic and social inequality ___ the world, being paid less ___ doing the same work. ___ addition, they are underrepresented ___ parliaments and ___

boards ___ directors.

Exercise 14. Answer and debate these questions.

1.How is torture defined in the 1949 Geneva Convention? Do you agree with the definition?

2.Are you for or against using torture to extract information from prisoners? Give your reasons.

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3.Why do governments avoid responsibility killing civil-

ians?

4.What do the work of human rights groups involve?

5.Why is a very large area of human rights law concerned with refugees?

6.What do political and legal discrimination against women include? Are women discriminated in Russia?

Exercise 15. Read the text about the United Nations

Convention on the Elimination of All Forms of Discrimination against Women and give the legal definition of sex discrimination.

The Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), adopted in 1979 by the UN General Assembly, is often described as an international bill of rights for women. Consisting of a preamble and 30 articles, it defines what constitutes discrimination against women and sets up an agenda for national action to end such discrimination.

The Convention defines discrimination against women as "...any distinction, exclusion or restriction made on the basis of sex which has the effect or purpose of impairing or nullifying the recognition, enjoyment or exercise by women, irrespective of their marital status, on a basis of equality of men and women, of human rights and fundamental freedoms in the political, economic, social, cultural, civil or any other field." By accepting the Convention, States commit themselves to undertake a series of measures to end discrimination against women in all forms, including:

to incorporate the principle of equality of men and women in their legal system, abolish all discriminatory laws and adopt appropriate ones prohibiting discrimination against women;

to establish tribunals and other public institutions to ensure the effective protection of women against discrimination; and

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