Cuerpo Legal Que
The Convention on the Protection of the Rights of Migrant Workers and Members of Their Families (1990) refers to a person who “pursues, pursues or will pursue an activity for consideration in a State of which he is not a national” (Article 2, paragraph 1) and the members of his family. It also defines the human rights that such persons should enjoy. The Treaty specifies that migrant workers, whether or not they have documents, in a legal situation or not, may not be discriminated against with regard to the enjoyment of rights such as liberty and security, protection against violence or deprivation of liberty. The International Court of Justice (ICJ) is the most important judicial authority in the United Nations. It has a dual function: to settle legal disputes between States under international law and to provide expert advice on legal issues. Only States can take legal action against another State, and generally cases are treaties between States. These treaties may affect fundamental relations between them (e.g. commercial or territorial) or affect human rights issues. The International Court of Justice does not allow people to complain about their human rights or those of others. However, it has helped to promote them by interpreting and elaborating norms and principles in cases submitted by States or international organizations. Rights such as self-determination, non-discrimination, freedom of movement, prohibition of torture and others were discussed.
On the contrary, a non-binding instrument is basically a declaration or political agreement of states in the sense that each will try to comply with a set of rights, but without any legal obligation to do so, which in practice means that there is no formal (or legal) enforcement mechanism, although there may be strong political commitments. Question: What is the value of a simple “promise” to respect human rights standards if it is not supported by legal mechanisms? Is it better than nothing? Human rights instruments are an account of the most recent interpretations of what human dignity requires. These instruments can always© fall behind, in the sense that they face challenges that have already been recognized, rather than remaining in those that are so institutionalized and rooted in our societies that they are not yet recognized as rights and as violations of rights. At the Council of Europe, the Organisation`s normative work aims to propose new laws to the Committee© of Ministers in response to social measures that respond to problems that fall within their competence in member States with regard to issues. These measures may include new laws or adapt existing laws. In this way, the procedures of the European Court of Human Rights are evolving to remain effective, how the provisions on the abolition of the death penalty have been adopted and how new instruments based on conventions such as the Convention on Action against Trafficking in Human Beings were adopted in 2005. have been uncovered. In this regard, human rights instruments are constantly being reviewed. Our understanding of case law and, most importantly, our advocacy efforts will continue to stimulate and expand human rights in the long term. The fact that the provisions of human rights conventions and treaties sometimes© fell short of what was sometimes expected should not be a reason to question the fact that they represented hope for humanity. Human rights legislation often lags behind what human rights defenders expect, but remains their most reliable support. There is often confusion about the role of the European Court of Human Rights (ECHR), the Court of Justice of the European Communities (CJEU) and the International Court of Justice (ICJ).
In reality, the three bodies differ considerably in terms of geographical jurisdiction and the nature of the cases they examine. The CJEU is an area of the European Union. It is a court whose main task is to ensure compliance with Community law so that it is not interpreted and applied differently in each Member State. It is based on Community law and not on human rights law; but sometimes Community law may concern these issues. The International Court of Justice (ICJ) is the principal judicial organ of the United Nations and its role has been explained above. It goes without saying that the protection of human rights and the agreements reached as a last resort depend on developments and mechanisms at the national level. Laws, policies, procedures and mechanisms at the national level are fundamental to their enjoyment in any country. It is therefore crucial that human rights be part of national constitutional and legal systems, that justice professionals be trained in the application of their standards and that violations committed against them be© condemned and punished. National standards have a more direct effect and national procedures are more accessible than those at the regional and international levels. Eleanor Roosevelt noted: Many people argue that the world`s poor human rights record is the result of a lack of adequate enforcement mechanisms. It is often up to States to decide whether they want to implement the recommendations. In many cases, the guarantee of individual or collective rights depends on pressure from the international community and, to a large extent, on the work of non-governmental organizations.
This is an unsatisfactory situation, as there can be a long wait for a human rights violation to be effectively dealt with by the United Nations or the Council of Europe. Is there anything we can do to change that? First, it is essential to ensure that States guarantee human rights at the national level and that they can develop an appropriate mechanism to remedy human rights violations. At the same time, States must be under pressure to commit to legally binding mechanisms. Question: Do you know of any important cases against your country before the European Court of Human Rights? Many NGOs had mobilized for the establishment of the post of United Nations High Commissioner for Human Rights and the decision to establish her had been agreed at the United Nations World Conference on Human Rights in Vienna in 1993, which had recommended that the General Assembly consider the question of the establishment of such a High Commissioner for the Promotion and Protection of All Human Rights as a priority issue. It was manufactured the same year ±. The United Nations High Commissioner for Human Rights is appointed by the Secretary-General of the United Nations and recognized by the General Assembly as a “person of high moral authority” with knowledge in the field of human rights. As a United Nations official, he or she has primary responsibility for United Nations human rights activities: his or her functions include the promotion, protection and enjoyment of all rights, engagement and dialogue with Governments to ensure them, and the promotion of international cooperation and United Nations coordination to promote and protect all human rights. As the main activity of the United Nations in this area, the High Commissioner includes the management of the Office of the High Commissioner for Human Rights (OHCHR) and its national and regional offices. OHCHR supports the work of a wide range of United Nations human rights activities and strives to promote and protect human rights and respect universal human rights standards, including the World Programme for Human Rights Education.