UNITED NATIONS SHAPES WORLD HUMAN RIGHTS JURISPRUDENCE UN Special N° 685 Juin · June • UN / ONU (archive.org)
Fifth, among the legal precepts developed by the Human Rights Committee are the following:
- Governments are legally bound to take reasonable and appropriate measures to protect people within their jurisdiction or control.
- The law must strictly control and limit the circumstances in which a person may be deprived of his or her life by the authorities of the State.
- A State, by invoking the existence of exceptional circumstances cannot evade the obligations it has undertaken under international human rights law by ratifying the Covenant.
- A situation in which the functions and competences of the judiciary and the executive are not clearly distinguishable or where the executive is able to control or direct the judiciary is incompatible with the notion of an independent and impartial judiciary.
- Governments are under a legal obligation to ensure that remedies for violations are effective. Expedition and effectiveness are particularly important in the adjudication of cases involving torture.
- Where violations have taken place Governments must take measures to ensure that similar violations do not take place in the future.
- Governments should take specific and effective measures to prevent the disappearance of individuals and establish effective facilities and procedures to investigate thoroughly by an appropriate and impartial body, cases of missing and disappeared persons.
- Being subjected to incommunicado detention in an unknown location constitutes torture and cruel and inhuman treatment.
- Women and men are entitled to equal treatment in the application of laws.
Sixth, every lawyer, every judge, every public-spirited citizen, will want to consult this fascinating book; because it tells us what is legally right and legally wrong; how to judge our governments, our societies, our United Nations and ourselves. That is the singular merit of this landmark book for which the authors deserve our highest appreciation and our congratulations.
FACT: America’s principle of non-discrimination, as well as that of equality before the law and equal protection before the law without discrimination, are firmly anchored in international human rights instruments and form the foundation of the rule of law. The Nürnberg principles influenced the development of human rights law, and in the second trial judges, police, guards, and ordinary people doing their “jobs” were held accountable. Jobs can’t be criminal?
(a) According to Article 8 of the Universal Declaration of Human Rights provide that:
Everyone has the right to an effective remedy by the national tribunals for acts violating the fundamental rights granted to him by the constitution or by law.
(b) The International Covenant of Civil and Political Rights (ICCPR) Article 2, paragraph 3(a) and (b) provide that:
3. Each State Party to the present Covenant undertakes: (a) To ensure that any person whose rights or freedoms as herein recognized are violated shall have an effective remedy, notwithstanding that the violation has been committed by persons acting in official capacity; (b) To ensure that any person claiming such a remedy shall have his right thereto determined by competent judicial, administrative or legislative authorities, or by any other competent authority provided for by the legal system of the State, and to develop the possibilities of judicial remedy…
(c) July 16, 2020: Report of the Commission on Unalienable Rights @https://www.state.gov/wp-content/uploads/2020/07/Draft-Report-of-the-Commission-on-Unalienable-Rights.pdf (Flawed Draft? no effective remedy at law)
October 24, 2019: Reparations for victims of human rights violations are not optional, says a new report by UN expert Fabián Salvioli (Special Rapporteur) shall deal with situations in which there have been gross violations of human rights and serious violations of international humanitarian law: https://www.ohchr.org/EN/Issues/TruthJusticeReparation/Pages/Index.aspx
The Government should acknowledge the lack of remedies available to victims of discrimination and provide sufficient judicial and administrative avenues through which such victims can seek compensation. Therefore, victims of legal system abuse denied a fair and impartial administration of justice, should receive reparations without regard to applicable statutes of limitations or limiting provisions due to ineffective judicial/administrative remedies.