Internationale Politik und Internationales Recht (Fach) / International Human Rights Law (Lektion)

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• fundamental rights as constitutional rights social contract theory -> Enlightenment Virginia Declaration of Rights (1776) and Déclaration des droits de l'homme et du citoyen (1789) - models for national constitutions, especially in Europe - but: rights not guaranteed to everyone however: guarantees remained at national level: - different: levels of protection - some states provided no human rights at all - human rights as domestic affairs; no international monitoring or enforcement
• Proliferation of human rights treaties International Bill of Human Rights: - 1948: Universal Declaration of Human Rights (UDHR)  - 1966: International Covenants on Civil and Political Rights (ICCPR) and International Covenants on Economic, Social and Cultural Rights (ICESCR) = "Standard" Sectoral universal human rights treaties: - e.g. against torture (CAT), racial discrimination (CERD), discrimination against women (CEDAW); on rights of children (CRC) and people with disabilities (CRPD) Regional human rights treaties: - general: e.g. European Court of Human Rights (ECHR), American Convention on Human Rights (ACHR), Banjul Charter - sectoral: e.g. COE Framework Convention for the Protection of National Minorities; Inter-American Convention on Protecting the Human Rights of Older Persons
• Universality of Human Rights? Genesis of human rights instruments: - participation of non-Western states - influence of all world regions (looking at the 3 dimensions) Ratification of human rights instruments: - universal acceptance, most of the states have ratified, most of them are bound  - but: reservations of human rights treaties - differences between regional human rights regimes (Asian value debate) - differences in interpretations/ importance of dimensions Key areas of dissent: - Which HR? Relations between dimensions - What is guaranteed? Content and interpretation - Society cuts in! Limitations to rights, individual obligations "Universality" as dialogue? - "trans-civilizational" perspective
• Why is it better to speak of dimensions than of generations? - evolutionary concept of generations is misleading, no hierarchy in between dimensions  - differences in perspectives worldwide  - universal sphere: co-existant, co-dependant - came up at the same time
• Influence of Human Rights on concept of State Sovereignty - opening the "black box" - human rights no longer domestic affairs - levels and means of interference depending on -> respective treaty -> integration into other institutional structures (IO's)
• law-making power of human rights Contra / pro:  - No formal law-making power -> Influencing legal change through claims based on human rights - no compulsory international jurisdiction -> triggering international human rights institutions  -> human rights litigation before national courts - formal hierarchy of norms rather: no constitutionalisation -> creeping "humanization" of international law: new human rights
• "New" human rights adaption of established rights to new technologies - right to be forgotten = right to privacy / right to access the internet / right to reproductive medicine adaption of established rights to specific needs - rights of persons with disabilities = rights to equality and access / indigenous rights = rights to property + participation adaption of rights to vulnerable situations - right to land (protection against forced evictions) = Supplementing the right to housing, bundling aspects of rights / right to truth (protection against forced disappearance) = expanding on positive obligations from rights to life + liberty paradigm shifts to a human rights approach - right to a clean environment / right to freedom of corruption / animal rights
• reservations to human rights treaties - declaration when ratifying a treaty in order to exclude or modify the legal effects of certain provisions - reservations not in general incompatible with object and purpose of human rights treaties ->ILC 2011: incompatible if - too vague / general - incompatible with ius cogens - relating to the core of a non-derogable right - discriminatory in nature
• reservations to human rights treaties - declaration when ratifying a treaty in order to exclude or modify the legal effects of certain provisions - reservations not in general incompatible with object and purpose of human rights treaties ->ILC 2011: incompatible if - too vague / general - incompatible with ius cogens - relating to the core of a non-derogable right - discriminatory in nature -> inside treaties: possible, outside treaties: # possible: core protection (bound anyway)
• Human rights as part of an international ordre public, limiting sovereign choices - Art. 53 VCLT: core human rights guaranteed as part of jus cogens
• jus cogens peremptory norms of international law
• Human rights as part of an international ordre public, limiting sovereign choices - Art. 53 VCLT: core human rights guaranteed as part of jus cogens - Art. 60(5) VCLT (termination or suspension in case of grave breaches): "...do not apply to provisions relating to the protection of the human person contained in treaties of a humanitarian character..." - Denunciation of HR treaties, cf. Art. 56(1) VCLT: "A treaty which... does not provide for denunciation or withdrawal is not subject to denunciation or withdrawal unless:... (b) such a righht ... may be implied by the nature of the treaty - state succession into human rights treaties
• Human rights as part of general international law -> different levels of human rights law: national, treaty, international Continuing importance because of: - non-ratification - reservations - binding non-state actors human rights as part of: - customary international law (esp. most of UDHR) - General principles of law? - UN Charter as "constitution" of the international community? The "Emerging Jus Commune of Human Rights": - cross-referencing between human rights institutions - "syncretism" of sources
• negative and positive obligations negative: - respect = refrain from actively infringing human rights  -> e.g. right to demonstrate positive: - protect against violations by other authorities or non-State actors (criminal law, investigation, prosecution, reparation) - protect against situations of need (disaster response, poverty reduction, health care, social welfare) - fulfil = (progressive) realisation of human rights -> realising social, economic, and cultural rights -> also: establishing procedural safeguards (independent courts) -> e.g. right to vote = establish institutions -> first dimension: mainly negative, not exclusively so  -> second dimensiopn: mainly positive, not exclusively so
• Negative obligations: respecting civil and political rights Rights with an absolute character: - prohibition of torture, inhuman or degrading treatment  -> Art. 7 ICCPR, 3 ECHR, 5(1), ACHR, 5 Banjul Charter, 8 Arab Charter Rights which may be restricted: 1. Interference with a right a) scope of the right ratione materiae -> cf. dynamic interpretation, "new" human rights b) Interference -> assisting in or enabling violations by other states 2. Justification of interference / Limitations to restrictions a) Interference prescribed by law (legal basis, legality) b) Pursuance of a legitimate aim (legitimacy) c) Interference necessary for promoting that aim (proportionality) -> cf. margin of appreciation, "European consensus" (ECtHR)
• Positive obligations: Protecting civil and political rights Protecting civil and political rights (HRC): - Obligations of means, not of result - Broad margin of appreciation: "appropriate measures", "due diligence" Fulfilling social etc. rights (CESCR): - take steps = deliberate, concrete and targeted, must be taken within a reasonably short time after entry into force for the States concerned - progressive realization = "obligation to move as expeditiously and effectively as possible towards that goal"; "deliberately retrogressive measures ... would require the most careful consideration and would need to be fully justified" - minimum core obligation to ensure the satisfaction of, at the very least, minimum essential levels of each of the rights - international co-operation and assistance (cf. Trust Fund, ICESCR, Optional Protocal 2009, Artcile 14)
• examples negative / positive obligations respect: right to demonstrate = to be preserved respect (perspective of social rights): right to housing = no state involvement allowed protect (perspective of social rights): right to housing = protect against forced evictions ( as private action) protect: right to life = obligation to legislate against homicide/ murder, access to courts fulfil: right to vote = institutions needed fulfil: cultural rights = right of education -> build schools
• Basic monitoring models Country report models - e.g. Art. 40 ACCPR; UN Human Rights Council State complaints against human rights violations in another contracting state - e.g. optional in Art. 41 ff ICCPR Commissions for individual complaints - e.g. complaint to UN Human Rights Committee under the (1st) Optional Protocol to the IPBPR; Art. 41 ff ACHR Court models for interstate actions - e.g. Art. 33 ECHR, Art. 61 ff ACHR (Inter-American Commission on Human Rights is also entitled to bring in action here, which enables the indirect review of individual cases) Court models with individual complaints - e.g. Art. 34f ECHR; Art. 61 ff ACHR (indirect via IACHR)
• Monitoring criteria for effectiveness Triggering - States? Commission/ other bodies? individuals? -> e.g. HR Council/ ECtHR Composition - Personal capacity? Official Capacity? -> e.g. HR council/ ESCR Committee Publicity, transparency - Public deliberations? Publication of findings? -> e.g. Arab HR Commission/ IACtHR Scope of mandate - Authorative interpretation? Standard of review? -> e.g. HR Committee/ ECtHR/ African CtHPR (Non-)binding character - Report? View? Judgement? e.g. HR Council/ HR Committee/ ECtHR; African CHPR/ African CtHPR
• Historical development of International Human Rights Law - a compromise? - UN Charter does not contain a catalogue of rights - Resolution 217 A (10.12.1948): Universal Declaration of Human Rights (non-binding) - East-West Conflict hindered adaption of a single universal covenant - pragmatic solution: adaption of two seperate treaties to ensure at least partial ratification: 1. International Covenant on Civil and Political Rights (ICCPR) = first dimension of human rights 2. International Covenant on Economic, Social and Cultural Rights (ICESCR) = second dimension of human rights - UDHR + ICCPR + ICESCR = "International Bill of Human Rights"
• ICCPR: Monitoring mechanisms - Applicable to ICCPR and 2nd Optional Protocol - Body: Human Rights Committee (HRC) (Art. 28ff) - Monitoring mechanisms: -> State reports (Art. 40) - mandatory -> Inter-State communications (Art. 41ff) - optional -> General comments: not explicitly mentioned, but derived from Art, 40(4): interpretation of particular articles -> Individual communications (First Optional Protocol)
• ICESCR: Monitoring mechanisms Monitoring Body: - UN Economic and Social Council (ECOSOC): Art. 16(2)(a) - Delegated in 1985 by ECOSOC to the newly created Committee on Economic, Social and Cultural Rights  Monitoring mechanisms: -> State reports (Art. 16ff ICESCR) - mandatory -> General comments: implied powers New monitoring mechanisms (Optional Protocol): - Inter-State communications (Art. 10ff) - Individual communications (Art. 2ff) - Inquiry procedure (!) (Art. 11ff) - International assistance and cooperation (!) (Art. 14)
• UN Human rights monitoring mechanisms Treaty based mechanisms: - HR Committee (ICCPR), CESCR, CEDAW Committee, CERD Commitee, etc - scope: the State parties to the single human rights treaties Charter-based mechanisms: - activities of almost of all organs of the UN - activities of specialized agencies and subsidiary organs of the UN - scope: all member states of the UN
• Human Rights Council monitoring: subsidiary body of GA; 47 members, elected for a 3 years term -> (former) 1235 procedure - continued by Human Rights Council as "Special Procedures": - special rapporteuse/ representatives and expert groupes on certain States ("country mandate") or specific topics ("thematic mandate"); issuing of reports and potentially adopting resolutions -> (former) 1503 Procedure - continued as "Complaint Procedure": - Individual complaints (confidential); activated in case of consistent patterns of gross human rights violations; in case of a States' refusal to change its practice/ legislating: report and potentially resolution -> Universal Periodic Review (UPR): - Periodic review of the human rights records of all UN Member States (1st sycle: 2008-2011, 2nd cycle: 2012-2016, 3rd cycle: 2017-) - Cooperative and dialogue-based mechanism
• ECHR monitoring mechanisms in force since Protocol No. 11 (1998) Amendments: - Commission abolished; its functions merged into those of a permanent and full-time Court - ECtHR mandatory; composed of full-time judges - Individual applications compulsory (like inter-State applications) Proceedings: - inter-State applications, Art. 33 ECHR (minor importance) - Individual applications, Art. 34, 35 ECHR - Advisory opinions, Art. 47 ECHR (minor importance) Procedure: - Examination of the admissibilty and the merits by the ECtHR - Depending on the case, the Court is sitting in a single Judge formation, in Committees (3 judges) or Chambers (7 judges) - in exceptional circumstances, and within three months of the decision, the parties may request a refferal to the Grand Chamber (17 judges)
• European Court of Human Rights Seat: Strasbourg Individual applications, Art. 34 ECHR - only for "victims" (Art. 34 ECHR) - Exhaustion of all domestic remedies (Art. 35(1) ECHR) Judgements - Binding force on parties to the dispute (Art. 46(1) ECHR) - Determination of a human rights violation - Pilot judgement procedure in case of systematic failure - if necessary, the Court affords just satisfaction (Art. 41 ECHR) - execution supervised by the Committee of Ministers (Art. 46(2) ECHR)
• ECHR Rights: Fundamental freedoms - Art. 2-5, 7-12 ECHR -> Broad interpretation of Art. 8 ECHR - Protocol No.1: protection of property, right to education, right to free elections - Protocol No. 4: freedom of movement, prohibition of imprisonment for debt, prohibition of expulsion of nationals, prohibition of collective expulsion of aliens - Protocol No.6: abolition of the death penalty in times of peace - Protocol No. 13: general abolition of the death penalty
• ECHR: due process rights - right to fair trial (Art. 6 ECHR), right to an effective remedy (Art. 13 ECHR) - Protocol No. 7: procedural safeguards relating to expulsion of aliens
• ECHR: equality rights - Art. 14 ECHR: prohibition of discrimination in the enjoyment of a right guaranteed by the ECHR or its Protocols ("accessory" character) - Protocol 12 ECHR: general prohibition of discrimination (no ratification in Germany)
• ECHR limitations Written: - specific clauses (e.g. Art. 8(2), Art. 9(2), Art. 10(2), Art. 11(2) ECHR - emergency clause (Art. 15 ECHR) - restrictions on political activity of aliens (Art. 16 ECHR) - prohibition of abuse of rights (Art. 17 ECHR) Unwritten: - conflicting rights to others, conflicting public interests Attention: - all limitations subject to limitations themselves ("limiations of limitations") in general and necessity/ proportionality in particular
• ECHR: Scope of application rationae personae: - entitled parties: natural persons, non-governmental organizations, groups of persons (cf. Art. 34 ECHR) - Obligated party: ECHR States parties (cf. Art. 1 ECHR) rationae temporis: - day of entry into force of the ECHR or of the relevant Protocol for the respective State party rationae loci: - territory of States parties to the ECHR - Vessels and aircrafts flying the flag of States parties to the ECHR rationae materiae: - violation of the rights set forth in the ECHR
• ECHR: Scope of application rationae personae: - entitled parties: natural persons, non-governmental organizations, groups of persons (cf. Art. 34 ECHR) - Obligated party: ECHR States parties (cf. Art. 1 ECHR) rationae temporis: - day of entry into force of the ECHR or of the relevant Protocol for the respective State party rationae loci: - territory of States parties to the ECHR - Vessels and aircrafts flying the flag of States parties to the ECHR - extraterritorial application rationae materiae: - violation of the rights set forth in the ECHR
• Inter-American System OAS Charter of 2 May 1948, amended 1967, 1985, 1992, 1993 Members: all 35 independent States of the Americas; Cuba suspended 1962-2009 Two-fold structure of the OAS human rights system: -> All States: OAS Charter and American Declaration of the Rights and Duties of Man (both 1948) -> Monitoring by Inter-American Commission of Human Rights  -> States that have ratified (esp. not USA, Canada): American Convention on Human RIghts (ACHR, San José 1969) -> Monitoring by Inter-American Commission and (!) Inter-American Court of Human Rights Supplemented by several special treaties on specific Human Rights concerns
• American Convention vs European Convention Civil and political rights (Chapter II) - lacking: only natural (not legal) persons are beneficiaries of ACHR rights - additional: "right to reply" (Art. 14); rights to name (Art.18); to nationality (Art. 20); to property (Art. 21); to participate in government (Art. 23) - additional: Protocol of 1990 (abolition of death penalty) Economic, social and cultural rights (Art. 26 = Chapter III) - addtional economic, social and cultural rights: Protocol of 1988 - reference to duties and responsibilities (Art. 32 = Chapter V)
• Inter-American Court of Human Rights (IACtHR) Composition: - 7 judges, elected for 6 years (re-election once); only President appointed full-time; seat: San José Only optional (!) jurisdiction (Art. 62 ACHR) - accepted by 20 States to the ACHR - so far approx. 260 judgements and descisions Monitoring mechanisms: - Individual complaints (mandatory, Art. 44) - Inter-State communications (optional, Art. 45) - advisory opinion (Art. 64) Access to the Court (Art. 61 ACHR) - Only State Parties and the Commission (cf. ECHR before 1998) - de facto individual complaint procedure, cf. Art. 25 Rules of Procedure (since 2009): victim participation Reparation:  - broad scope of measures (cf. Art. 63(1) ACHR: "that the consequences ... be remedied and that fair compensation be paid ...")
• Banjul Charter - African Charter on Human and Peoples' Rights - 1 June 1981 - states parties: all AU member States (54), except South Sudan Characteristics: - experiences of colonialism noticeable  - strongly influenced by African traditions: -> rights and duties; also emphasizing restroctions -> strong emphasis on economic, social and cultural rights -> collective rights ("peoples' rights", etc)
• African System: Monitoring African Commission on Human and Peoples' Rights -> Monitoring: Escpecially "other complaints" - Communications are considered on the basis of a simple majority - In practice submitted by victims, private individuals or NGOs - Applies only to gross and massive human rights violations -> "holistic" and "universalist" approach - Stressing interdependence of dimensions and types of State obligations - References to universal and other regional human rights treaties and decisions of other monitoring bodies African Court on Human and Peoples' Rights (since 1998) -> Proceedings: Advisory Opinions, Judgements, Provisional measures -> Jurisdiction covers the Charter, the Protocol on the Establishment of an African Court and any other (!) relevant human rights treaty ratified by the States concerned (Art. 3 para. 1 Protocol)
• Arab Charter - 1994 widely criticized; development of a new Charter with assistance of UN human rights institutions (esp. UNHCHR) and NGO's (2004) - Entry into force: 15 May 2008; States parties: 14 (incl. Palestine) - Comparison with Charter of 1994: -> 10 additional articles -> preamble: reference to Cairo Declaration considerably weaker than in the 1994 Charter ("having regard to") -> Art. 24 Cairo Declaration on Human Rights in Islam (1990): All the rights and freedoms stipulated in this Declaration are subject to the Islamic Shari'ah ->Preamble retains rejection of Zionism - Monitoring: - Arab Human Rights Committee: no individual complaints, no formalized NGO cooperation, lack of transparency - 2014: Draft Statute on Arab Human Rights Court (not yet finalized)
• Trans-border issues Extraterrirorial State action: - examples: diplomatic and consular matters, deployment of military or police forces abroad - discussed as "extraterritoriality" of human rights Extraterritorial effects of State action: - direct effects: action as such interferes with human rights (e.g. shooting over boarder) - indirect effects: action leads to risks for human rights abroad -> risks from circumstances (exceptional; real and imminent risks only): e.g. armed conflict, humanitarian chrisis, lack of health care for vulnerable person (cases of expulsion of aliens); also: environmental degredation?
• Extraterritorial application of human rights treaties: ICCPR Art. 2 (1): Each State Party to the present Covenant undertakes to respect and to ensure to all individuals within its territory and subject to its jursidiction the rights recognized in the present Covenant, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, porperty, birth or other status -> to all individuals within its territory who are also subject to its jurisdiction? - no extraterritorial obligations - "intraterritorial" obligations conditioned by exercese of jurisdiction (lacking e.g. in the case of military occupation) -> to all individuals with its territory and all individuals subject to its jurisdiction? - extraterritorial obligations exist - in case of occupation etc: factual constraints have to be taken into account (cf. nemo ultra posse obligatur = No one is obligated beyond what he is able to do)
• ECtHR and extraterritoriality Bankovic approach: - strictly territorial, based on inter-state relations - ECHR rights cannot be "divided and tailored"  - extraterritorial jurisdiction limited to cases of occupation etc - ECHR as instrument only for the CoE "legal space" Post-Bankovic case-law: - territorial principle affirmed, but also "exceptional cases": - State agent authority and control -> division and tailoring possible - effective control over an area -> Criterion absorbs the (redefined) "legal space" argument
• Extraterritoriality - the functional approach - Acts or ommissions by State agents always entail "jurisdiction" - Human rights obligations can be "divided and tailored" according to the State agent's function - Differentiation between positive and negative obligations: -> Negative (to respect): e.g. not to kill someone -> Positive (to protect): e.g. to rescue a kidnapped person -> Positive (to fulfil): e.g. to provide food to people suffering from famine -> State sovereignty (cf. the ECtHR's inter-state approach to "jurisdiction") can only be a limit to positive obligations - Nature of extraterritorial nexus -> Presence on foreign territory -> "Technological coverage", e.g. surveillance measures: disputed -> "Globalizing" human rights ("One World"(: too idealistic...)
• Procedure in migration law - Rights depend on status of migrant (refugee/ fugitive from armed conflict/ etc.) - Status has to established in a fair and regular procedure - Problem: access to procedure -> no diplomatic asylum -> need to reach State territory -> No entry without visa + air carrier liability -> Push-back operations at sea - Article 13 in conjunction with Articles 2,3 ECHR: right to effectively challenge expulsion - Article 4 Protocol 4 to the ECHR: securing right to individual decision in situations of mass migration even outside state territory -> Procedure needs to give a "genuine and effective possibility of submitting arguments against his or her expulsion"; individual interview not guarantees
• Business and human rights: Obligating TNCs? Direct human rights obligations - Problem: private companies are traditionally not seen as subjects of (i.e. bearers of legal rights and obligations under) international law Self-commitment to non-binding standards - e.g. UN Global Compact, OECD Guidelines - implemented via Corporate Social Responsibilty (CSR) mechanisms Hardening soft law: the role of the investor's home state - effectuating CSR through corporate law requirements and transparency obligations - competition law: sub-standard gains = anti-competitive advantages - Standards for eligibilty for subsidies, export guarantees, government procurement etc.  - Import restrictions for "dirty" products - Corporate criminal liability Instruments: - UN Guiding Principles (2011) - Binding Treaty (Draft 2018)
• Individual as bearer of subjective rights under international law? Traditional view: derived rights, created by inter-state treaties -> state-centred positivism Progressive view: inalienable human rights, recognised in, not conferred by treaties -> natural law mediating view: status depends on conferral of rights in the treaty and individual complaint procedure -> "enlightened" positivism Legal personality:  - states originally as sole subjects of international law - international law as self-coordination of its subjects (Lotus Judgement 1927) - Individual as new subject, but without law-making power: challenging basic structure -> partially subjectivity, BUT within specific structures of IHRL
• CoE - IO, established in 1949, seated in Strasbourg, 47 member states - aim: promote democracy, protect human rights/ rule of law, opposition to fascism/ communism - instruments: discussing questions of common concern/ development of treaties/ promotion of common action in economic, social, cultural, scientific, legal, adminstrative matters/ maintenance + further realization of human rights + fundamental freedoms - organs: Committee of Ministers: decision-making body, recommendations; Parliamentary Assembly
• CoE treaties European Convention for the Protection of Human Rights and Fundamental Freedoms of 4 Nov 1950 (ECHR): - 1st regional human rights treaty/ 1st human rights treaty worldwide - human rights of the 1st dimension - well developed (supplemented by 16 protocols) - powerful judicial monitoring mechanism - serves as model for other regional treaties The European Social Charter of 18 Oct 1961 - Human Rights of the 2nd dimension - à la carte or buffet treaty - rather weak monitoring mechanism - not nearly as significant as ECHR other subjects - Migrant Workers, Prevention of Torture, Regional or Minority Languages, National Minorities, Children's Rights, Biomedicine, Contact concerning Children, Trafficking in Human Beings, Protection of Children against Sexual Exploitation and Sexual Abuse, Access to Official Documents, Violence against Women
• CoE treaties European Convention for the Protection of Human Rights and Fundamental Freedoms of 4 Nov 1950 (ECHR): - 1st regional human rights treaty/ 1st human rights treaty worldwide - human rights of the 1st dimension - well developed (supplemented by 16 protocols) - powerful judicial monitoring mechanism - serves as model for other regional treaties - monitoring: European Court of Human Rights The European Social Charter of 18 Oct 1961 - Human Rights of the 2nd dimension - à la carte or buffet treaty - rather weak monitoring mechanism - not nearly as significant as ECHR - monitoring: reports to be sent to the Secretary general of the CoE and exaamined by a Committee of Experts other subjects: - Migrant Workers, Prevention of Torture, Regional or Minority Languages, National Minorities, Children's Rights, Biomedicine, Contact concerning Children, Trafficking in Human Beings, Protection of Children against Sexual Exploitation and Sexual Abuse, Access to Official Documents, Violence against Women - monitoring: reports to be sent and to be examined by the respective Committee of Experts/ Standing Committee/ Consultative Committee of each treaty
• CoE: Commissioner for Human Rights - Legal basis: Committee of Ministers Resolution 1999 - independent, non-judicial institution, created in order to enhance the promotion and protection of human rights - Parliamentary Assembly appoints Commissioner from a list of three cominations received through the CM for a 6-year term mandate:  - support implementation of CoE's human rights standards - provide advice and information regarding human rights protection - promote education in and awareness of human rights - identify shortcomings in law and practice concerning human rights instruments: - country monitoring - thematic works
• Protection of human rights in Asia no regional human rights treaty most active organization: Association of Southeast Asian Nations (ASEAN) - ASEAN Charter of 2007 contains a general obligation to respect human rights, as well as a legal basis for the creation of a human rights institution - 2009: establishment of ASEAN Intergovernmental Commission on Human Rights (AICHR) (consultative institution, task to promote human rights) - 2010: establishment of ASEAN Commisson on the Promotion and Protection of the Rights of Women and Children (consultative institution, task to promote human rights) - 2012: ASEAN Human Rights Declaration (non-binding) NGO's, best known: "Asian Human Rights Commission", development of an "Asian Human Rights Charter"

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