OVERVIEW
Objectives
/ By the end of the session, participants will be able to:- Describe the basics of international law and define key international legal terms
- Name the primary human rights instruments and the main protections they provide, particularly for children
- Explain the application of human rights law in complex emergencies
- Formulate advocacy strategies on protection using international legal standards
Time
/ 2 hours30 minutesKey Messages
/- Familiarity with international human rights standards will allow for more focused and effective advocacy at all levels on humanitarian issues
- CRC & OPs = key tools for protection of children’s rights
- Certain rights are non-derogable, even during a state of emergency
- All UNICEF programmes are guided by human rights
CONTENTS
/ ActivitiesPowerPoint Presentation
Participant Manual
Trainer Resources
Session Plan
/Activities
/Methodology
/Duration
Introduction / 2 minutesActivity 1: Match the Terminology / Exercise in Pairs / 30 minutes
Activity 2: Overview of International
Human Rights Law / Interactive Presentation / 30 minutes
Activity 3: Knowing the Optional
Protocols to the CRC / True and False Exercise / 30 minutes
Activity 4: Human Rights Instruments
& their Limitations / Interactive Presentation / 15 minutes
Activity 5: Delivering the Message on
Child Soldiers / Case Study / 40 minutes
Review of Key Messages for Session 2 / 3 minutes
Total time
/2 hours 30 minutes
Advance Preparation Notes
/Action
/Done
Familiarise yourself with the key international human rights instruments (UDHR, ICCPR, ICESCR, CRC & OP, CEDAW)Update 2.3: ‘Table of International and Regional Human Rights Instruments’ to be relevant for your region. Useful websites:
Review the PowerPoint presentation for Session 2
Read the William O’Neill paper: “A Humanitarian Practitioner’s Guide to International Human Rights Law” (see TrainerResources)
Prepare two flipcharts with numbers 1-7 down the left side of one; numbers 8-14 on the other flipchart
Option: If time, put the 14 terms listed in the activity, each term on its own sheet of paper or large VIPP card. Use a bold type or writing style so that the entire page is filled with just the one term. Post the term on the VIPP board as you discuss its meaning with participants. If possible, leave up for the duration of the training. Use a wall space as an option if a VIPP board is not available.
Materials
/Item
/Ready
PowerPoint Overhead Projector and ScreenPowerPoint slides: Session 2
Flip charts (one per small group and one for facilitator), and markers
Participant Manual
2.1 Match the Terminology2.2 Cape Town Principles
2.3 Table of International and Regional Human Rights Instruments
2.4Delivering the Message on Child Soldiers
2.5 Derogations During States of Emergency
2.6 Optional Protocol on the Involvement of Children in Armed Conflict
2.7 Optional Protocol on the Sale of Children, Child Prostitution and Child Pornography
Trainer Resources
2.8 Match the Terminology Answer KeyGuide to the Optional Protocol on the Involvement of Children in Armed Conflict (UNICEF and Coalition to Stop the Use of Child Soldiers), December 2003. (If copies are available, distribute to participants.)
William G. O’Neill, “A Humanitarian Practitioner’s Guide to International Human Rights Law”. Thomas J. Watson Jr. Institute for International Studies. Occasional Paper No. 34, 1999. Available at: (downloadable in PDF)
KEY TO ICONs
/ These icons will help guide you through the session./
Tips for the Trainer
Show Slides
See Trainer Resources Materials
Refer to Participant Manual
Distribute Handouts
Activities
introduction
Time: 2 minutes/
Slide 2: Presentation of Session Objectives
This session provides participants with an overview of the basics of international law and international human rights law. It focuses on the application of human rights in emergencies and means to advocate for their protection.Trainer Guidance
Today there is a plethora of international human rights instruments yet violations of human rights continue to be widespread across the world. Participants may ask questions that relate to this gap between the theory and practice of human rights, and it is important for you to consider how you will respond. There are many political, social, economic and cultural factors that will continue to give rise to human rights violations yet the international community continues to work hard to prevent and reduce these.For example, you may wish to mention that although human rights abuses continue to occur at an alarming rate today, there is greater awareness of them, greater willingness to acknowledge them and this in turn can lead to action to address them more quickly.
The UN Programme for Reform launched in 1997 called on the entire UN system to enhance its human rights programmes. As a result, there are a number of new enforcement mechanisms, such as the Special Courts, the International Criminal Court, Truth Commissions, new UN Peacekeeping Missions and humanitarian interventions etc. Efforts are being made to strengthen existing UN human rights mechanisms such as the treaty monitoring bodies and the special thematic and country rapporteurs. There is also better monitoring of human right violations from international NGOs such as Human Rights Watch and Amnesty International, as well as internal pressure placed on a government from within the country from national human rights NGOs and civil society. Advocacy efforts from the media and donors can also contribute to the prevention and reduction of human rights violations.
Clearly there is a long way to go to ensuring respect for human rights although much is being done to work towards achieving that greater goal. However, we must also be realistic at some of the
limitations of international action, especially considering that the decision-making bodies for compliance and enforcement measures within the UN are comprised of states, who may be responsible for the human rights violations occurring in their country. Respect for human rights will ultimately depend on the political and moral will of each state and, therefore, our efforts to ensure universal respect for human rights must also focus on national action.
Activity 1:match the terminology exercise
Time: 30 minutes/
Trainer Guidance
This activity is intended to familiarise participants with the basic terminology of International Law and some of the UN protection mechanisms. The intent is NOT to discuss the legal aspects of a particular human rights instrument at this time.If participants are still unclear about the meaning of the terms, use the CRC as a practical illustration to explain their application./
Working in Pairs
10 minutesRefer participants to 2.1 Match the Terminology exercise in their manuals. In pairs, request participants to correctly match the term to the definition.
/
Debriefing the Exercise
15 minutes- Once the groups have completed the assessment, start with the first definition(#1) and ask the group for the correct response. Do this in order (#2 to #12) until all the terms have been correctly matched. Write each term on the flipchart in order. Clarify any confusion as needed. See 2.8 Answer Key in Trainer Resources.
- Refer participants to the Protection of Civilians in Armed Conflict Glossary (1.6) in their manuals for a more expansive look at legal and conflict-related terminology.
Optional
5-10 minutes(This exercise may also be used as a refresher or energiser later in the programme.)
- Request participants to stand up and stand on one side of the room
- Either individually OR in the same pairs (depending upon how many participants are in the programme), participants are to answer as you point, in no particular order, to one of the terms on the flipchart or VIPP board and give you a brief concise definition, without reading from their sheet.
- As soon as the individual or pair give you the response, tell them to move to the other side of the room
- No one participant or pair may respond twice.
- Quickly review all the terms in this manner.
Trainer Summary
Stress that knowing how the terminology is applied, and the key mechanisms that are used, is critical in order to be able to discuss international legal standards, whether with a government official or with a colleague. Not knowing the correct terminology usage is grating on the ears of those who do know, and likely to diminish your credibility if in a serious rights based discussion!Activity 2:overview of international human rights law
Time: 30 minutes/
Trainer Guidance
This activity is an interactive presentation that is intended to provide an overview of international human rights law (IHRL) and the two Optional Protocols (OP) to the Convention on the Rights of the Child (CRC) by using questions and statements to stimulate discussion on some of their features.However, a brief look at international law is first necessary for participants to understand how IHRL law is situated, as well as other branches of international law (e.g. refugee law, criminal law, humanitarian law etc) that will be covered in the programme. Much of this session will be a refresher for UNICEF staff who are familiar with the basics of IHRL, but perhaps not so familiar with the provisions of the OP’s and the application of IHRL in emergency situations.
Request participants not to refer to their manual until the end of this activity.
Slide 3: What is International Law?
International law is a body of law that:- regulates the legal relationships between states or between states and individuals;
- grants specific rights to individuals; and
- imposes duties and obligations on States, individuals and groups.
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Slide 4: What are the Primary Sources of International Law?
There are two primary sources of international law:1. Treaties
- Customary International Law
Customary international law are norms that have developed from a general and consistent practice of States, followed by them out of a sense of legal obligation rather than a formal expression in a treaty or legal text. For example, while the Universal Declaration of Human Rights is not in itself a binding treaty, some of its provisions
have the character of customary international law (e.g. all forms of slavery, extra-judicial killing, torture, prolonged arbitrary detention, genocide …)
International law can regulate all types of dealings between states: trade, environmental issues, human rights, armed conflict/war and so on. This training programme focuses on the branches of international law that principally afford protection to the rights of the individual, particularly in conflict situations.
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Slide 5: What is International Human Rights Law?
IHRL is a series of international human rights treaties and other instruments that have emerged since 1945 conferring legal form on inherent human rights. IHRL consists mainly of treaties and customs, as well as declarations, guidelines and principles (the latter are non-binding unless passed by the Security Council)./
Slide 6: Why is it Important to Know about International Human Rights Law?
Before showing slide 6, ask participants how they view international human rights law as relating to their work.Responses may include the following:
- UNICEF is bound by the UN Charter which declares as a primary purpose of the United Nations in its preamble "promoting and encouraging respect for human rights and for fundamental freedoms for all without distinction as to race, sex, language or religion”;
- The Secretary General’s UN reform process obliges all UN agencies to mainstream human rights in their work;
- UNICEF’s Mission Statement cites the CRC, which is an international human rights treaty and provides a legal foundation for the ethical and moral principles that guide our work for children;
- Many other international human rights treaties are relevant to UNICEF’s work, including CEDAW and the two optional protocols to the CRC;
- UNICEF adopts a human rights-based approach to programming, in other words human rights provide the conceptual and operational framework for the development of a UNICEF Country Programme of Cooperation;
- Treaties to which a State is legally bound determine the framework for our country programmes, including our advocacy efforts (this refers to both treaties and customary law)
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Slide 7: What are the Four Guiding Human Rights Principles?
Briefly review the four human rights principles:- Universality
- Indivisibility and interdependence of rights
- Accountability
- Participation
Another important principle is the indivisibility and interdependence of rights. The fulfillment of one right cannot be achieved by compromising or violating another right. In many situations one right can only be adequately fulfilled if progress is being made in ensuring another right. For example, a child’s right to basic education can only be realised if his or her survival is not constantly threatened. All rights have equal status, and there are no rights that are more important than others.
Accountabilityis a human rights principle with strong programme implications. States acknowledge and accept obligations when they ratify human rights treaties. In doing so they agree to implement these treaties and to be accountable for respecting, protecting and fulfilling the rights of the people within their jurisdiction. States Parties must demonstrate efforts to implement the provisions of the treaties they ratify. Ratification requires States to align their domestic laws with treaty provisions and to ensure that steps are taken to make government at national and sub-national levels respond in ways consistent with the letter and intent of the law.
The principle of participation is an important consideration in programming. Human rights law firmly establishes that every person and all peoples are entitled to participate in, contribute to, and enjoy economic, cultural and social development, through which all human rights and fundamental freedoms can be fully realised. The participation of children and young people is not only desirable for increased ownership and sustainability of programme outcomes, but has consequences for the design and implementation of programmes and development activities.
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Slide 8: Classification of Human Rights
Briefly review the classification of rights into three groups: (1) civil and political; (2) economic, social and cultural; and (3) collective.Before showing slide 8, ask participants what the first development was in the international human rights arena.
- The adoption in 1948 of the Universal Declaration of Human Rights (UDHR) and the Convention on the Prevention and Punishment of the Crime of Genocide. Prior to these important instruments were minority treaties adhered to on bilateral or multilateral bases, the Charter of the International Military Tribunal in Nuremberg, as well as international humanitarian law.
- Explain that the UDHR was not intended to contribute to legal developments but was adopted by the UN General Assembly as a "common standard of achievement". Nevertheless, it was a giant step forward in terms of bringing human rights onto the international arena. The UDHR was then codified with the adoption of two Covenants in 1966: the International Covenant on Civil and Political Rights (ICCPR), and the International Covenant on Economic, Social and Cultural Rights (ICESCR), which are legally binding.
- The ICCPR deals exclusively with civil and political rights, such as freedom of movement and expression, religion and conscience. The ICESCR deals exclusively with economic, social and cultural rights that should be progressively achieved by the contracting states, such as the right to work, social security, adequate food, clothing and housing.
- Collective rights could include the right to development, the right to humanitarian assistance, the right to a healthy environment, the right to peace. Article 1 of both the ICCPR and the ICESCR recognises the right of peoples to self-determination.
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Slide 9: International Bill of Rights
Before showing slide 9,ask participants what the International Bill of Human Rights is.The International Bill of Human Rights is the centerpiece of the international human rights framework. It is not a single legal document; rather, it comprises the three instruments mentioned above:
- UDHR
- ICCPR
- ICESCR
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Slide 10: Other Major International Human Rights Instruments
Before showing slide 10, ask participants to identify some of the other major human rights instruments.The following human rights instruments are important because they have a monitoring body in the form of a Committee:
- Convention on the Elimination of All Forms of Racial Discrimination (CERD), 1965
- Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), 1979
- Convention against Torture (CAT), 1984
- Convention on the Rights of the Child (CRC), 1989
Refer participants to the Table of International and Regional Human Rights Instruments (2.3) in their participant’s manual to see which instruments apply in their countries.
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Slide 11: Convention on the Rights of the Child (CRC)