International Human Right Treaties

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.