Page 122 - Encyclopedia Of World History Vol III

human rights 941

can bring complaints against their own government, if substantial importance are the three regional human
the government has also ratified the Optional Protocol to rights treaties: the European Convention for the Protec-
the Covenant.The opinions issued by the committee are tion of Human Rights and Fundamental Freedoms, the
influential in clarifying the rights in the treaty and can be American Convention on Human Rights, and the
used by the complaining parties in their national courts. African Charter on Human and Peoples’ Rights.
Complaints can also be filed by one country against The European Court of Human Rights issues opinions
another under Article 41 of the covenant. binding on the European nations, and it has evolved into
The fundamental economic, social, and cultural rights a court of last resort on a wide range of important and
in the second treaty include rights to free choice of em- controversial issues. In the 2003 case of Lawrence v.
ployment and to form and join trade unions; rights to Texas, the U.S. Supreme Court cited some of these Euro-
education, food, housing, and health care; the right to pean cases to provide support for a ruling that declared
rest and leisure; and the right to participate in the cul- a Georgia law banning sodomy unconstitutional. The
tural life of the community.Again, ratifying countries are American Convention on Human Rights is overseen by
expected to prepare reports regarding their protection of a seven-member commission and a seven-member court,
these rights, and the committee established to review both based in San Jose, Costa Rica. Although this con-
these reports issues opinions to provide guidance to the vention has not yet attained the near-universal ratification
ratifying countries. of the European Convention, the Inter-American Human
Groups of people also have human rights recognized Rights Commission and Court have issued numerous
under international law: Article 27 of the International important opinions bringing clarity to human rights
Covenant on Civil and Political Rights recognizes the principles applicable in the Western Hemisphere.
right of members of ethnic, religious, and linguistic Also helping to identify and protect human rights is
minorities to enjoy their own culture, practice their reli- the United Nations Commission on Human Rights, a
gion, and use their own language. Indigenous people body that reports to the U.N. Economic and Social
who are not self-governing also have the right to self- Council (ECOSOC). The Human Rights Commission
determination. Other rights generally recognized as consists of 53 government representatives elected by
important, but whose specific content and means of ECOSOC for three-year terms. It meets in Geneva for six
enforcement continue to evolve, include the right to a weeks each spring to discuss specific human rights vio-
clean and healthful environment, the right to economic lations, initiate studies and fact-finding missions, and
development, and the right to peace. draft conventions and declarations.
In addition to these global covenants, many special-
ized treaties addressing specific human rights areas have Universal Jurisdiction
been promulgated by the international community Because international and regional enforcement mecha-
including the 1951 Convention Relating to the Status of nisms (with the exception of the European Court of
Refugees (and its 1967 Protocol), the 1966 International Human Rights) remain somewhat primitive and inade-
Convention on the Elimination of Racial Discrimination, quate, some human rights victims have attempted to uti-
the 1979 Convention on the Elimination of All Forms of lize national courts to bring claims against human rights
Discrimination Against Women, the 1984 Convention abusers.These cases have been brought under the theory
Against Torture and Other Cruel, Inhuman, or Degrad- of “universal jurisdiction,” which allows those who vio-
ing Treatment or Punishment, the 1989 Convention on late the most fundamental human rights to be sued and
the Rights of the Child, and the 1989 International prosecuted in any jurisdiction where they are found.
Labor Organization Convention Concerning Indigenous U.S. federal courts have adjudicated a number of uni-
and Tribal Peoples in Independent Countries. Also of versal jurisdiction claims, utilizing jurisdiction provided