Human Rights Documentary Supplement

, by Henkin, Louis; Neuman, Gerald L.; Orentlicher, Diane F.; Leebron, David W.

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ISBN: 9781587780547 | 1587780542
Cover: Nonspecific Binding
Copyright: 12/1/2000

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This law school casebook supplement includes international instruments establishing comprehensive human rights obligations, such as the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, and the International Covenant on Economic, Social and Cultural Rights, and treaties and declarations addressing specific areas of international human rights law. It includes specialized human rights instruments adopted under the auspices of regional organizations such as the Council of Europe, the Organization of American States, the Organization of African Unity, and the Organization for Security and Co-operation in Europe, and select instruments relating to international courts.

Preface

iii

Alphabetical List of Documents

List of Abbreviations

xvii

General International Instruments

Charter of the United Nations (1945)

(26)

Statute of the International Court of Justice (1945)

(14)

Universal Declaration of Human Rights (1948)

(6)

International Covenant on Economic, Social and Cultural Rights (1966)

(10)

International Covenant on Civil and Political Rights (1966)

(28)

United States Reservations, Understandings, and Declarations (US adherence, 1992)

(3)

Optional Protocol to the International Covenant on Civil and Political Rights (1966)

(4)

Second Optional Protocol to the International Covenant on Civil and Political Rights, aiming at the abolition of the death penalty (1989)

(3)

Vienna Convention on the Law of Treaties (with Annex) (1969)

(28)

Vienna Declaration and Programme of Action, World Conference on Human Rights (1993)

113

(28)

International Instruments Addressing Particular Human Rights

A. Treaties

Slavery Convention (1926)

141

(14)

Protocol amending the Slavery Convention signed at Geneva on 25 September 1926 (1953)

146

(3)

Supplementary Convention on the Abolition of Slavery, the Slave Trade, and Institutions and Practices Similar to Slavery (1956)

149

(6)

Convention on the Prevention and Punishment of the Crime of Genocide (1948)

155

(5)

United States Reservations, Understandings, and Declarations (US adherence effective 1988)

159

(1)

Convention relating to the Status of Refugees (1951)

160

(20)

Protocol relating to the Status of Refugees (1967)

175

(4)

United States Reservations, Protocol Relating to the Status of Refugees (U.S. adherence effective 1968)

179

(1)

International Convention on the Elimination of All Forms of Racial Discrimination (1965)

180

(14)

United States Reservations, Understandings, and Declarations (U.S. adherence effective 1994)

192

(2)

Convention on the Elimination of All Forms of Discrimination against Women (1979)

194

(20)

Proposed United States Reservations, Understandings and Declarations

206

(2)

Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women (1999)

208

(6)

Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (1984)

214

(16)

United States Reservations, Understandings and Declarations (U.S. adherence effective 1994)

227

(3)

Convention on the Rights of the Child (1989)

230

(34)

Optional Protocol to the Convention on the Rights of the Child on the Involvement of Children in Armed Conflict (2000)

250

(6)

Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography (2000)

256

(8)

B. Declarations and Guiding Principles

Declaration on the Granting of Independence to Colonial Countries and Peoples (1960)

264

(2)

Declaration on Principles of International Law Concerning Friendly Relations and Co-operation Among States in Accordance with the Charter of the United Nations (1970)

266

(8)

Standard Minimum Rules for the Treatment of Prisoners (1977)

274

(17)

Basic Principles for the Treatment of Prisoners (1990)

291

(1)

Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief (1981)

292

(4)

Declaration on the Right of Peoples to Peace (1984)

296

(1)

Declaration on the Right to Development (1986)

297

(5)

Declaration on the Protection of All Persons from Enforced Disappearances (1992)

302

(7)

Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities (1992)

309

(4)

Declaration on the Elimination of Violence Against Women (1993)

313

(5)

Beijing Declaration, Fourth World Conference on Women (1995)

318

(4)

Draft Declaration on the Rights of Indigenous Peoples (1994)

322

(10)

General Regional Instruments

A. Africa

Charter of the Organization of African Unity (1963)

332

(4)

African Charter on Human and Peoples' Rights (1981)

336

(22)

Draft Additional Protocol to the African Charter on Human and Peoples' Rights (1997)

350

(8)

B. The Americas

Charter of the Organization of American States (1948)

358

(8)

United States Reservation to the Charter of the Organization of American States (1951)

366

(1)

American Declaration of the Rights and Duties of Man (1948)

367

(7)

American Convention on Human Rights (1969)

374

(36)

Additional Protocol to the American Convention on Human Rights in the Area of Economic, Social and Cultural Rights (1988)

398

(10)

Protocol to the American Convention on Human Rights to Abolish the Death Penalty (1990)

408

(2)

Statute of the Inter-American Commission on Human Rights (1979)

410

(7)

Statute of the Inter-American Court of Human Rights (1979)

417

(9)

C. Europe

Council of Europe

European Convention for the Protection of Human Rights and Fundamental Freedoms (1950), as amended by Protocol 11

426

(32)

Protocol to the Convention for the Protection of Human Rights and Fundamental Freedoms (1952)

442

(3)

Protocol No. 4 to the 1950 European Convention for the Protection of Human Rights and Fundamental Freedoms, Securing Certain Rights and Freedoms Other Than Those Included in the Convention and in Protocol No. 1 (1963)

445

(3)

Protocol No. 6 to the 1950 European Convention for the Protection of Human Rights and Fundamental Freedoms (1983)

448

(3)

Protocol No. 7 to the 1950 European Convention for the Protection of HUman Rights and Fundamental Freedoms (1984)

451

(4)

Protocol No. 12 to the Convention for the Protection of Human Rights and Fundamental Freedoms (2000)

455

(3)

European Social Charter (1961)

458

(23)

[Additional Protocol to the European Social Charter (1998)]

476

(5)

European Social Charter (Revised) (1996)

481

(28)

European Union

Treaty Establishing the European Community (1957, as amended through 1997)

509

(10)

Treaty on European Union (1992, as amended through 1997)

519

(3)

D. Organization for Security and Co-operation in Europe

Final Act of the Conference on Security and Co-operation in Europe (1975) (``Helsinki Accords'')

522

(30)

Document of the Copenhagen Meeting of the Conference on the Human Dimension of the Conference for Security and Co-operation in Europe (1990)

552

(18)

Charter of Paris for a New Europe, Conference on Security and Co-operation in Europe (1990)

570

(3)

Regional Instruments Addressing Particular Human Rights

A. Africa

Convention Governing the Specific Aspects of Refugee Problems in Africa (1969)

573

(7)

African Charter on the Rights and Welfare of the Child (1990)

580

(18)

B. The Americas

Inter-American Convention on the Forced Disappearance of Persons (1994)

598

(6)

Inter-American Convention to Prevent and Punish Torture (1985)

604

(5)

Inter-American Convention on the Prevention, Punishment and Eradication of Violence against Women (1994)

609

(7)

Proposed American Declaration on the Rights of Indigenous Peoples (1997 draft)

616

(12)

C. Europe

Council of Europe

European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (1987)

628

(11)

Protocol No. 1 to the European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (1993)

634

(3)

Protocol No. 2 to the European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (1993)

637

(2)

European Charter for Regional or Minority Languages (1992)

639

(16)

[European] Framework Convention for the Protection of National Minorities (1995)

655

(9)

European Union

Council Directive of 9 February 1976: On the implementation of the principle of equal treatment for men and women as regards access to employment, vocational training and promotion, and working conditions

664

(4)

Conference on Security and Co-operation in Europe

Conference on Security and Co-operation in Europe, Report of the CSCE Meeting of Experts on National Minorities

668

(8)

International Humanitarian and Criminal Law

Charter of the International Military Tribunal (1945) (``Nuremberg Charter'')

676

(8)

Allied Control Council Law No. 10 (1945)

684

(4)

Charter of the International Military Tribunal for the Far East (1946) (``Tokyo Charter'')

688

(6)

Principles of International Law Recognized in the Charter of the Nuremberg Tribunal and in the Judgment of the Tribunal (1950)

694

(2)

[Geneva] Convention (No. I) for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field (1949)

696

(22)

[Geneva] Convention (No. II) for the Amelioration of the Condition of Wounded, Sick and Shipwrecked members of Armed Forces at Sea (1949)

718

(18)

[Geneva] Convention (No. III) Relative to the Treatment of Prisoners of War (1949)

736

(50)

[Geneva] Convention (No. IV) Relative to the Protection of Civilian Persons in Time of War (1949)

786

(113)

Protocol Additional (No. I) to the Geneva Conventions of August 12, 1949, and Relating to the Protection of Victims of International Armed Conflicts (1977)

836

(54)

Protocol Additional (No. II) to the Geneva Conventions of August 12, 1949, and Relating to the Protection of Victims of Non-International Armed Conflicts (1977)

890

(9)

Convention on the Non-Applicability of Statutory Limitations to War Crimes and Crimes Against Humanity (1968)

899

(3)

Principles of International Co-operation in the Detection, Arrest, Extradition and Punishment of Persons Guilty of War Crimes and Crimes Against Humanity

902

(2)

International Convention on the Suppression and Punishment of the Crime of Apartheid (1973)

904

(6)

Statute of the International Criminal Tribunal for the former Yugoslavia (1993)

910

(11)

Statute of the International Criminal Tribunal for Rwanda (1994)

921

(11)

Rome Statute of the International Criminal Court (1998)

932

(76)

Constitutive National Instruments

American Declaration of Independence (1776)

1008

(3)

The Constitution of the United States of America

1011

(17)

The [French] Declaration of the Rights of Man and of the Citizen (1789)

1028

(2)

United States Law Implementing U.S. Human Rights Treaty Obligations

Refugee Act of 1980 (excerpts)

1030

(7)

Federal Prohibition of Female Genital Mutilation Act of 1993

1037

(1)

Genocide Convention Implementation Act of 1987

1038

(2)

Torture Convention Implementation legislation of 1994

1040

(2)

War Crimes Act of 1996, as amended in 1997

1042

(1)

Executive Order No. 13,107 (Implementation of Human Rights Treaties)

1043

(3)

Civil Actions for Violations of International Human Rights Standards: US Laws

Alien Tort Claims Act

1046

(1)

Torture Victim Protection Act

1047

(2)

Foreign Sovereign Immunities Act of 1976 (as amended)

1049

(12)

United States Legislation Promoting Human Rights Abroad

Trade Act of 1974, as amended: Freedom of Emigration in East-West Trade (``Jackson-Vanik Amendment'')

1061

(2)

International Financial Institutions Act of 1977, as amended

1063

(2)

Foreign Assistance Act of 1961, as amended

1065

(10)

Foreign Assistance Act § 116 (``Harkin Amendment'') (development assistnace)

1065

(4)

Foreign Assistance Act § 502B (security assistance)

1069

(5)

Foreign Assistance Act § 660 (Police training prohibition)

1074

(1)

International Religious Freedom Act of 1998

1075

(5)

Foreign Operations, Export Financing, and Related Programs Act of 1997, § 570 (Burma sanctions legislation)

1080

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Human Rights Documentary Supplement

Summary

Table of Contents

Supplemental Materials