1
Human Rights I: Principles/Institutions
(RGMUIER015)
Condensed notes for exam
Table of contents
Week 1: Introduction
● ECtHR, Soering v. the United Kingdom, 7 July 1989, Series A no. 161
● Mamatkulov & Askarov v. Turkey ECtHR 2005
Week 2: International Institutions and the Law of Human Rights
● Art 7 UN Charter - legal basis for bodies
● Art 38 Statute of ICJ - sources of international law and also human rights law
● ECtHR [GC], S.A.S. v. France, (appl. no. 43835/11), 1 July 2014
● HRC Decision, Sonia Yaker v France, 7 December 2018, CCPR/C/123/D/2747/2016
● Human Rights Committee, General Comment No. 24 on reservations, 4 November 1994,
CCPR/C/21/Rev.1/Add.6
Week 3: Compliance and monitoring mechanisms
● General Assembly, Resolution 60/251, Human Rights Council, 3 April 2006 - special
procedures (thematic and country rapporteurs)
● Human Rights Council, Resolution 5/1, Institution-building of the United Nations Human
Rights Council, 18 June 2007 - Universal Periodic Review
Week 4: Principles and Rights
● 2021 Amending Protocol no. 15 to the European Convention on Human Rights -
formalized concept of subsidiarity
● HRCtee, Sandra Lovelace v. Canada, Communication No. R.6/24, UN Doc, Supp. No.
40 (A/36/40) at 166, 30 July 1981
● CESCR, General Comment No. 16, Article 3: the equal right of men and women to the
enjoyment of all economic, social and cultural rights, 13 May 2005, E/C.12/2005/3
● ACtHPR, Tanganyika Law Society v. Tanzania, Appl.Nos. 009/2011 & 011/2011, 14 June
2013 → discuss merits in para 91.
● Inter-American Court of Human Rights, Aloeboetoe et al. v. Suriname, delivered on 4
December 1991 and 10 September 1993
Week 5: Obligations
, 2
● Updated draft legally binding instrument (clean version) to regulate, in international
human rights law, the activities of transnational corporations and other business
enterprises (July 2023)
○ The forerunner to the Draft Treaty on Business and Human Rights is the UN
Guiding Principles on Business and Human Rights (a.k.a. the Ruggie Principles).
● ECtHR, Osman v. The United Kingdom (appl. no. 87/1997/871/1083), 28 October 1998
● IACieHR, Undocumented workers – United States of America, Report No. 50/16, Case,
12.834, 30 November 2016
● ACtHPR, APDF and IHRDA v. Republic of Mali, appl.no. 046/2016, 11 May 2018
Week 6: Complaint Procedures
● ECHR (art. 33), ACHPR (art. 47), CERD (art. 11-13) – make acceptance of the
inter-state complaints procedure mandatory upon ratification
● Art. 41-43 ICCPR, Art. 29 CEDAW – States have to expressly accept
● African Court on Human and Peoples’ Rights, Femi Falana v. The African Union (appl.
No. 001/2011)
● Yaker (HRC)
● SAS (ECtHR)
● Lovelace (HRC)
Week 7: Enforcement and Stock-taking
● Art 27 ICCPR – protection of individuals and ‘persons belonging to’ ethnic, religious,
linguistic or other minorities
● Lovelace (HRC)
● Paris Principles on NHRIs
● ECtHR, W.D. v Belgium (app. no. 73548/13, 6 September 2016), information note (NB
the text of the judgment itself is only available in French)
● ECtHR, Venken and Others v. Belgium (46130/14, 76251/14, 42969/16 et. al), 6 April
2021, press release (as with the W.D. case, the jugment itself is only available in French)
● ECtHR, D.H. and Others v. the Czech Republic [GC] - 57325/00
● Aloeboetoe et al. v. Suriname
● Communication No. R.6/24
● UN Doc, Supp. No. 40 (A/36/40) at 166 30 July 1981
● Undocumented Workers and Mali cases
Week 1: Introduction to IHRL
The lecture will zoom in on the particular nature of human rights as compared to other areas of
international law: being a part of international law, there are numerous similarities (central role of
states, issues of jurisdiction, rules on treaty law etc.), but there are some significant differences
as well, such as the lack of clear reciprocal interests of states parties to a treaty in other state
parties living up to their human rights obligations regarding their own citizens. We will also have
, 3
a brief look at the historical development of international human rights law. A number of basic
tenets, principles and concepts will be introduced.
In this class we will discuss some of the fundamental characteristics and concepts of
international human rights law in more detail, using the European Court of Human Rights
(ECtHR) case of Mamatkulov as an example.
Human rights are:
● Human rights are described as universal, meaning they apply to all people everywhere
without discrimination. They are inherent to human beings and are not granted by any
state or authority, which makes them inalienable—they cannot be taken away.
● Human rights are indivisible, meaning that all rights—civil, political, economic, social,
and cultural—are equally important and interdependent. The fulfillment of one right often
depends on the fulfillment of others.
● The primary purpose of human rights is to protect human dignity, ensuring that every
individual is treated with respect and afforded basic freedoms and protections.
General notes:
● 1948 UDHR – a foundational document that articulates the rights and freedoms to which
all individuals are entitled, serving as a cornerstone for subsequent human rights treaties
and conventions. Not legally binding.
● Legal instruments include treaties, conventions, customary international law, and soft law
(such as declarations and resolutions). See Art 38 ICJ Statute.
● States have a duty to uphold the human rights of individuals within their jurisdiction. This
includes not only refraining from violating rights (negative obligations) but also taking
positive actions to ensure the enjoyment of rights (positive obligations).
● Challenges with regional systems include political resistance, resource constraints, and
cultural differences
● Ratification = State accepts legal responsibility for implementation and compliance
UN Charter:
● Human rights are embedded in the UN Charter, particularly in the Preamble and Articles
1, 55, and 56, which affirm the promotion and protection of human rights as one of the
United Nations' core purposes.
● The Charter established a legal obligation for member states to promote "universal
respect for, and observance of, human rights and fundamental freedoms."
● Art 57 establishes specialized agencies and bodies.
Regional systems:
1. OAS IACHR and IACtHR
a. IACHR: Commission investigates, reports and refers cases to the court
, 4
b. IACtHR adjudicates and issues binding judgements.
i. The Commission may, when appropriate, refer cases to the
Inter-American Court only with respect to States that have ratified the
American Convention and have previously recognized the jurisdiction of
the Inter-American Court, unless a State expressly accepts jurisdiction for
a specific case.
c. 1948 American Declaration on rights and Duties of Man
2. CoE ECHR and ECtHR
a. Can only apply ECHR and amending protocols
b. Established by Art 19 ECHR
c. Individuals, NGOs and States can bring
d. Art 34: Individual applications allowed
e. Art 1: Respect HR
f. Art 35: Admissibility
g. Art 46: Court’s judgements are binding
3. AU ACHPR and ACtHPR
a. 1981 African Charter on Human and Peoples' Rights (Banjul Charter). Collective
rights and individual rights.
b. ACHPR: The Charter provides for a ‘communication procedure’, under which
states, organisations and individuals may take a complaint to the African
Comission on Human and Peoples Rights alleging that a State Party to the
Charter has violated one or more of the rights contained in the Charter. Following
consideration of complaints, the Commission can make non-binding
recommendations to the State Party concerned and to the AU Assembly. ACHPR
promotes, protects and interprets Banjul Charter.
c. ACtHPR:
i. The Court complements and reinforces the functions of the African
Commission on Human and Peoples’ Rights. Contrary to the ACHPR,
which can only make recommendatory decisions, the Court’s decisions
are binding and can include orders of compensation or reparation. They
can interpret and apply international law directly.
ii. Under the Protocol establishing the Court, the Commission, State Parties
to the Protocol and African inter-governmental organisations are entitled
to submit cases to the Court. NGOs with observer status before the
Commission and individuals from State Parties that have made a
declaration accepting the jurisdiction of the Court can also institute cases
directly in accordance with article 34(6).
iii. In January 2016, the AU Assembly, as part of a decision on streamlining
AU working methods, decided to empower individuals to directly petition
the Court on the implementation or otherwise of AU policy organ
decisions, provided they come from a Member State that is a party to the
Protocol establishing the Court and that has accepted the jurisdiction of
the Court to receive such cases in conformity with article 34(6) of the
Protocol (Assembly/AU/ Dec.597(XXVI)).
Human Rights I: Principles/Institutions
(RGMUIER015)
Condensed notes for exam
Table of contents
Week 1: Introduction
● ECtHR, Soering v. the United Kingdom, 7 July 1989, Series A no. 161
● Mamatkulov & Askarov v. Turkey ECtHR 2005
Week 2: International Institutions and the Law of Human Rights
● Art 7 UN Charter - legal basis for bodies
● Art 38 Statute of ICJ - sources of international law and also human rights law
● ECtHR [GC], S.A.S. v. France, (appl. no. 43835/11), 1 July 2014
● HRC Decision, Sonia Yaker v France, 7 December 2018, CCPR/C/123/D/2747/2016
● Human Rights Committee, General Comment No. 24 on reservations, 4 November 1994,
CCPR/C/21/Rev.1/Add.6
Week 3: Compliance and monitoring mechanisms
● General Assembly, Resolution 60/251, Human Rights Council, 3 April 2006 - special
procedures (thematic and country rapporteurs)
● Human Rights Council, Resolution 5/1, Institution-building of the United Nations Human
Rights Council, 18 June 2007 - Universal Periodic Review
Week 4: Principles and Rights
● 2021 Amending Protocol no. 15 to the European Convention on Human Rights -
formalized concept of subsidiarity
● HRCtee, Sandra Lovelace v. Canada, Communication No. R.6/24, UN Doc, Supp. No.
40 (A/36/40) at 166, 30 July 1981
● CESCR, General Comment No. 16, Article 3: the equal right of men and women to the
enjoyment of all economic, social and cultural rights, 13 May 2005, E/C.12/2005/3
● ACtHPR, Tanganyika Law Society v. Tanzania, Appl.Nos. 009/2011 & 011/2011, 14 June
2013 → discuss merits in para 91.
● Inter-American Court of Human Rights, Aloeboetoe et al. v. Suriname, delivered on 4
December 1991 and 10 September 1993
Week 5: Obligations
, 2
● Updated draft legally binding instrument (clean version) to regulate, in international
human rights law, the activities of transnational corporations and other business
enterprises (July 2023)
○ The forerunner to the Draft Treaty on Business and Human Rights is the UN
Guiding Principles on Business and Human Rights (a.k.a. the Ruggie Principles).
● ECtHR, Osman v. The United Kingdom (appl. no. 87/1997/871/1083), 28 October 1998
● IACieHR, Undocumented workers – United States of America, Report No. 50/16, Case,
12.834, 30 November 2016
● ACtHPR, APDF and IHRDA v. Republic of Mali, appl.no. 046/2016, 11 May 2018
Week 6: Complaint Procedures
● ECHR (art. 33), ACHPR (art. 47), CERD (art. 11-13) – make acceptance of the
inter-state complaints procedure mandatory upon ratification
● Art. 41-43 ICCPR, Art. 29 CEDAW – States have to expressly accept
● African Court on Human and Peoples’ Rights, Femi Falana v. The African Union (appl.
No. 001/2011)
● Yaker (HRC)
● SAS (ECtHR)
● Lovelace (HRC)
Week 7: Enforcement and Stock-taking
● Art 27 ICCPR – protection of individuals and ‘persons belonging to’ ethnic, religious,
linguistic or other minorities
● Lovelace (HRC)
● Paris Principles on NHRIs
● ECtHR, W.D. v Belgium (app. no. 73548/13, 6 September 2016), information note (NB
the text of the judgment itself is only available in French)
● ECtHR, Venken and Others v. Belgium (46130/14, 76251/14, 42969/16 et. al), 6 April
2021, press release (as with the W.D. case, the jugment itself is only available in French)
● ECtHR, D.H. and Others v. the Czech Republic [GC] - 57325/00
● Aloeboetoe et al. v. Suriname
● Communication No. R.6/24
● UN Doc, Supp. No. 40 (A/36/40) at 166 30 July 1981
● Undocumented Workers and Mali cases
Week 1: Introduction to IHRL
The lecture will zoom in on the particular nature of human rights as compared to other areas of
international law: being a part of international law, there are numerous similarities (central role of
states, issues of jurisdiction, rules on treaty law etc.), but there are some significant differences
as well, such as the lack of clear reciprocal interests of states parties to a treaty in other state
parties living up to their human rights obligations regarding their own citizens. We will also have
, 3
a brief look at the historical development of international human rights law. A number of basic
tenets, principles and concepts will be introduced.
In this class we will discuss some of the fundamental characteristics and concepts of
international human rights law in more detail, using the European Court of Human Rights
(ECtHR) case of Mamatkulov as an example.
Human rights are:
● Human rights are described as universal, meaning they apply to all people everywhere
without discrimination. They are inherent to human beings and are not granted by any
state or authority, which makes them inalienable—they cannot be taken away.
● Human rights are indivisible, meaning that all rights—civil, political, economic, social,
and cultural—are equally important and interdependent. The fulfillment of one right often
depends on the fulfillment of others.
● The primary purpose of human rights is to protect human dignity, ensuring that every
individual is treated with respect and afforded basic freedoms and protections.
General notes:
● 1948 UDHR – a foundational document that articulates the rights and freedoms to which
all individuals are entitled, serving as a cornerstone for subsequent human rights treaties
and conventions. Not legally binding.
● Legal instruments include treaties, conventions, customary international law, and soft law
(such as declarations and resolutions). See Art 38 ICJ Statute.
● States have a duty to uphold the human rights of individuals within their jurisdiction. This
includes not only refraining from violating rights (negative obligations) but also taking
positive actions to ensure the enjoyment of rights (positive obligations).
● Challenges with regional systems include political resistance, resource constraints, and
cultural differences
● Ratification = State accepts legal responsibility for implementation and compliance
UN Charter:
● Human rights are embedded in the UN Charter, particularly in the Preamble and Articles
1, 55, and 56, which affirm the promotion and protection of human rights as one of the
United Nations' core purposes.
● The Charter established a legal obligation for member states to promote "universal
respect for, and observance of, human rights and fundamental freedoms."
● Art 57 establishes specialized agencies and bodies.
Regional systems:
1. OAS IACHR and IACtHR
a. IACHR: Commission investigates, reports and refers cases to the court
, 4
b. IACtHR adjudicates and issues binding judgements.
i. The Commission may, when appropriate, refer cases to the
Inter-American Court only with respect to States that have ratified the
American Convention and have previously recognized the jurisdiction of
the Inter-American Court, unless a State expressly accepts jurisdiction for
a specific case.
c. 1948 American Declaration on rights and Duties of Man
2. CoE ECHR and ECtHR
a. Can only apply ECHR and amending protocols
b. Established by Art 19 ECHR
c. Individuals, NGOs and States can bring
d. Art 34: Individual applications allowed
e. Art 1: Respect HR
f. Art 35: Admissibility
g. Art 46: Court’s judgements are binding
3. AU ACHPR and ACtHPR
a. 1981 African Charter on Human and Peoples' Rights (Banjul Charter). Collective
rights and individual rights.
b. ACHPR: The Charter provides for a ‘communication procedure’, under which
states, organisations and individuals may take a complaint to the African
Comission on Human and Peoples Rights alleging that a State Party to the
Charter has violated one or more of the rights contained in the Charter. Following
consideration of complaints, the Commission can make non-binding
recommendations to the State Party concerned and to the AU Assembly. ACHPR
promotes, protects and interprets Banjul Charter.
c. ACtHPR:
i. The Court complements and reinforces the functions of the African
Commission on Human and Peoples’ Rights. Contrary to the ACHPR,
which can only make recommendatory decisions, the Court’s decisions
are binding and can include orders of compensation or reparation. They
can interpret and apply international law directly.
ii. Under the Protocol establishing the Court, the Commission, State Parties
to the Protocol and African inter-governmental organisations are entitled
to submit cases to the Court. NGOs with observer status before the
Commission and individuals from State Parties that have made a
declaration accepting the jurisdiction of the Court can also institute cases
directly in accordance with article 34(6).
iii. In January 2016, the AU Assembly, as part of a decision on streamlining
AU working methods, decided to empower individuals to directly petition
the Court on the implementation or otherwise of AU policy organ
decisions, provided they come from a Member State that is a party to the
Protocol establishing the Court and that has accepted the jurisdiction of
the Court to receive such cases in conformity with article 34(6) of the
Protocol (Assembly/AU/ Dec.597(XXVI)).
