100 and 1 Terms for Human Rights Education

10. Child

The United Nations General Assembly adopted the Convention on the Rights of the Child on 20 November 1989. Since then, the Convention has been ratified by almost all countries of the world. The Committee on the Rights of the Child is entrusted with monitoring the implementation of the Convention through the examination of periodic reports submitted to it by States.

By child, the Convention means “every human being below the age of 18 years”, unless majority is reached earlier under national legislation. The Convention details the rights to which children are entitled, which include the basic rights as recognized by the Universal Declaration of Human Rights, the International Covenant on Economic, Social and Cultural Rights and the International Covenant on Civil and Political Rights, adapted to childhood. In addition, there are certain rights exclusively meant for the child.

The Convention on the Rights of the Child provides for the right to education in Articles 28 and 29, which deal respectively with access to education and the content of education. It uses the same terms as the International Covenant on Economic, Social and Cultural Rights. The first General Comment adopted by the Committee on the Rights of the Child in 2001, concerns the right to education : General Comment n° 1 (2001), Article 29, para.1 : The Aims of Education, 17 April 2001, CRC/GC/2001/1.

*See : Committee on the Rights of the Child, Committee on Economic, Social and Cultural Rights, Civil and Political Rights, Economic, Social and Cultural Rights, Education Content and Objectives, Education (Primary Education), Education (Technical and Vocational), Freedom of Education, General Comment, Human Rights Committee, Human Rights Education, Right to Education, UNICEF.

11. Civil and Political Rights

Civil and political rights are not only rights, but also frequently are individual freedoms that States undertake to respect. The most simple definition of these rights are those set forth in the International Covenant on Civil and Political Rights, adopted by the United Nations General Assembly on 16 December 1966.

They include the prohibition of torture and other cruel, inhuman or degrading treatment or punishment, slavery and forced labor, imprisonment for the inability to fulfill a contractual obligation, interference with privacy, family, home or correspondence, or attacks on honor and reputation.

Furthermore, they include certain rights and freedoms : the right to liberty and security of person, the right to the respect of human dignity, the right to fair trial, the right to be presumed innocent, the right of every person to be recognized in court, the right to nationality, the right to marry, the right to participate in public life, the right to elect and be elected, the right to freedom of movement, freedom of thought, conscience and religion, freedom of opinion, assembly and association.
Civil and political rights are generally covered in the regional instruments of Africa, the Americas and Europe.

*See : African Charter on Human and Peoples’ Right, American Convention on Human Rights, Basic Rights, Equality, European Convention on Human Rights, Fundamental Freedoms, Human Rights, Human Rights Committee, Non-discrimination, Universal, Universal Declaration of Human Rights.

12. Commission on Human Rights

Created by the United Nations Economic and Social Council in 1946, the Commission was mandated to promote and protect human rights. An inter-governmental body, it is composed of 53 Member States elected by the United Nations Economic and Social Council. It holds its annual session in Geneva (Switzerland). Participation at the Commission is open to all States, specialized agencies and non-governmental organizations with consultative status to the Economic and Social Council. The Commission is competent to address the situation of human rights everywhere in the world including States that have not ratified human rights treaties, since all States that subscribe to the Charter of the United Nations are obliged to respect human rights.

Originally, the Commission was established to create legal texts concerning human rights. It was the body that prepared the Universal Declaration of Human Rights, the International Covenant on Economic, Social and Cultural Rights and the International Covenant on Civil and Political Rights. The Economic and Social Council further enlarged its competence in 1967 and 1970 when it assigned the Commission an observation and monitoring role. Procedure 1235 (named after the Economic and Social Council’s Resolution number) allows the Commission to examine any situation of flagrant, massive and systematic violation of human rights. This is a public procedure and may result in condemnation of the concerned State. Furthermore, Procedure 1503 authorizes the Commission to examine all communications that allege flagrant and systematic violation of human rights. The latter procedure is confidential. Communications from non-governmental organizations are first examined by the Sub-Commission on the Promotion and Protection of Human Rights.

The Commission may also establish specific protection procedures, such as a Special Rapporteur or a Working-Group to examine a country-specific situation or a particular right (the right to education, freedom of expression).

*See : Economic and Social Council, Special Rapporteur, Sub-commission on the Promotion and Protection of Human Rights, Submission, United Nations Charter.

13. Committee of Experts on the Application of Conventions and Recommendations of the International Labor Organization

This body was established by the International Labor Organization in order to follow-up States’ undertakings to implement various obligations. The Committee is composed of independent experts nominated in their personal capacity by the Governing Body upon recommendation of the Director General. The function of this Committee is to examine periodic reports from States on their measures to implement the Conventions that they have ratified, as well as their reports on other ILO Conventions and Recommendations that they did not ratify but which they have submitted to their national governments. If the Committee concludes that a State has not appropriately carried out its obligations, it may ask that State to take the necessary measures.
The Committee on the Application of Conventions and Recommendations of the International Labor Conference examines the reports by States and those of the Committee. The Conference is a tripartite body, i.e., it is composed of representatives of governments, employers and workers. Based on the Committee’s report, the Conference may ask the States concerned for explanations. The report is adopted by the International Labor Conference.

*See : International Labor Organization, Report.

14. Committee on Economic, Social and Cultural Rights

The International Covenant on Economic, Social and Cultural Rights did not provide for the creation of a Committee on Economic, Social and Cultural Rights. Initially, the United Nations Economic and Social Council (ECOSOC) conducted the follow-up activity for implementation of the Covenant. The Committee was created by ECOSOC in 1985. It receives reports from States Parties on the measures taken to fully implement the provisions of the Covenant. After examining the report, the Committee issues concluding observations on the state of implementation of the Covenant by the State Party concerned.

At present, there is no individual complaint procedure, but a draft Optional Protocol which would create this possibility is presently under consideration.

As the right to education is included in the International Covenant on Economic, Social and Cultural Rights, the Committee is responsible for following-up on its implementation. It has adopted the following two General Comments with respect to this right :
General Comment n° 11, Plans of Action for Primary Education (Article 14), (E/C.12/1999/4), adopted by the 20th Session (Geneva, 26 April – 14 May 1999) ; and
General Comment n° 14, The Right to Education (Article 13), (E/C.12/1999/10), adopted by the 21st Session (Geneva, 15 November – 3 December 1999).
The right to education was equally addressed by the Committee in its General Comment n° 5 (11th Session, 1994, E/C.12/1995/22), which concerns economic, social and cultural rights including the right to education for handicapped persons.

*See : Child, Communication, Economic, Social and Cultural Rights, Education Content and Objectives, Education (Primary Education), General Comment, Report, Right to Education.

15. Committee on the Elimination of Discrimination against Women

Created by the Convention on the Elimination of All Forms of Discrimination against Women of 18 December 1979, the Committee is composed of 23 experts elected by States Parties to the Convention. It is mandated to monitor implementation of the Convention by States Parties.

It receives and examines periodic reports by States (an initial report in the first year following ratification and periodic reports every four years thereafter). Every year the Committee reports on its activities to the United Nations General Assembly through the Economic and Social Council and may include suggestions and recommendations.

When examining reports of States Parties, the Committee may address questions concerning education. Article 10 of the Convention stipulates that States shall ensure equal access to education for men and women and shall eliminate any stereotyped concept of the roles of women and men at all levels and in all forms of education. In particular, they must revise and adapt textbooks, school programs and teaching methods.

On 6 October 1999, the United Nations General Assembly adopted the Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women. The Protocol provides for an individual (or groups of individuals) complaint procedure. It does not provide for inter-State complaints. Communications are subject to certain conditions. The procedure is confidential and may lead the Committee to conclude that a situation runs counter to the provisions of the Convention and to recommend measures to remedy it.

The Protocol also provides the Committee with the possibility to examine situations of serious and systematic violations of the Convention’s provisions. In this case, it may initiate a confidential investigation, leading to recommendations. However, States may make a declaration that they don’t recognize the competence of the committee for this procedure.

*See : Appeal, Communication, Declaration, Equality, Non-discrimination, Recommendation, Report, Submission.

16. Committee on the Elimination of Racial Discrimination

This Committee was established by the International Convention on the Elimination of All Forms of Racial Discrimination, adopted by the United Nations General Assembly on 21 December 1965. The Committee is composed of 18 experts elected by States Parties to the Convention and is charged with monitoring its implementation by States Parties. It recognizes the right to education by virtue of Article 7 of the Convention, which stipulates that “States Parties undertake to implement immediate and effective measures, particularly in the fields of teaching, education, culture and information, with a view to confronting prejudices, which lead to racial discrimination”. In its General Recommendation n° V (15th Session, 1977, A/32/18), the Committee reminded States of their obligations under the Convention in the field of education.

The Committee receives periodic reports from States Parties and may also examine communications from States Parties or individuals.

Communications from States are admissible only if the States concerned in the dispute have ratified the Convention. Such communications do not require a declaration accepting the competence of the Committee (Article 11). They are first addressed bilaterally with a view to reaching an amicable solution. If this is not possible, the communication is dealt with by a Conciliation Commission, which issues a report containing its recommendations.

Individual communications require that the State Party concerned has made a Declaration through which it accepts the competence of the Committee (Article 14). After examining the complaint, the Committee makes suggestions and recommendations.

*See : Communication, Declaration, Equality, General Recommendation, Non-discrimination, Report, Submission.

17. Committee on Freedom of Association of the International Labor Organization (ILO)

This Committee was established by the International Labor Organization (ILO) to monitor the state of freedom of association, an especially important right. In line with the tripartite system employed by the ILO, the Committee is composed of representatives of governments, workers and employers. An independent person appointed by the ILO Governing Body chairs the Committee. The Committee receives and reviews complaints from States, trade unions and employers organizations. As stipulated in the ILO Constitution, the Committee can be contacted for complaints even against those States which did not ratify the Convention on Freedom of Association. It prepares a report to be approved by the Governing Body, which may also address the Fact Finding and Conciliation Commission.

*See : Complaint, Fact Finding and Conciliation Commission, International Labor Office, International Labor Organization, Submission.

18. Committee on the Rights of the Child

The Committee was created by the Convention on the Rights of the Child of 20 November 1989. It is composed of 10 independent experts elected by States Parties to the Convention. The Committee is charged with monitoring the progress shown by States in implementing the Convention.

The Committee carries out its functions by examining periodic reports that States Parties submit on a regular basis. The initial report must be submitted within the first two years of ratification, and periodic reports every five years thereafter. The Committee may ask States Parties to furnish additional information. Every two years the Committee submits a report to the United Nations General Assembly through the Economic and Social Council.

When examining reports from States, the Committee may look at issues related to education. Articles 28 – 30 address the right and freedom of education. The first General Comment made by the Committee in 2001 addressed Article 29 (1) of the Convention on the Rights of the Child : General Comment n° 1 (2001), Article 29, Para. 1 : The Aims of Education, 17 April 2001, CRC/GC/2001/1.

The Convention on the Rights of the Child does not provide for either an inter-State or an individual complaint procedure.

*See : Child, Education Content and Objectives, Economic and Social Council, Education (Primary Education), Freedom of Education, General Comment, Interpretation, Report, Right to Education.

19. Communication

This is the term used in numerous treaties to indicate the request to an official body to look into a particular human rights situation. For example, it is used in the International Covenant on Civil and Political Rights in its First Optional Protocol, the International Convention on the Elimination of All Forms of Racial Discrimination, the African Charter on Human and Peoples’ Rights and the American Convention on Human Rights. The term is used interchangeably with complaint and petition. Communications may be individual when this right is recognized for individuals or groups of individuals, or it may be an inter-State process wherein a State makes a complaint against another State.
Some human rights agreements provide for both procedures : the International Covenant on Civil and Political Rights and its relevant Protocols, the International Convention on the Elimination of All Forms of Racial Discrimination, the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. Other agreements do not contain any complaint procedure; for example, the Convention on the Elimination of All Forms of Discrimination against Women, the Convention on the Rights of the Child and the International Covenant on Economic, Social and Cultural Rights. In general, for communications to be admissible, the State against which they are addressed must have already recognized the competence of the Committee or Commission to handle such complaints.

*See : Admissibility, Appeal, Competence, Complaint, Petition, Reclamation, Request, Submission

20. Competence

In legal terms, the word competence indicates the legal ability to act in a given domain. It has little connection to the commonly used definition of competence as the technical knowledge that allows professionals to excel in their work. The word competence and its opposite, incompetence, are frequently used regarding bodies (judicial and committees) mandated to receive communications, complaints and appeals. Before examining the merits of the matter referred to it, the body must decide whether the communication is admissible and hence investigate its own competence to address the matter.

The following question is asked : does the treaty being handled by this body contain a communication procedure ? This question can then be further broken down :
• Is the right invoked provided for in the Convention ?
• Has the State concerned ratified the Convention ?
• When applicable, has the State concerned made the declaration or ratified the relevant protocol accepting the competence of the Committee or its jurisdiction ?
• Has the complaining State ratified the Convention ?
• When applicable, has the complaining State made the declaration accepting the competence of the body addressed ?
• Has the questionable behavior been committed after the entry into force of the Convention in the State against which the complaint was made ?
• Has the questionable behavior been committed in one of the areas covered by the Convention ?

In case of a negative answer to any one of these questions, the treaty body will declare itself incompetent to examine the matter, i.e., it is not in a position to receive and consider the complaint.

*See : Adherence, Admissibility, Appeal, Complaint, Declaration, Entry into Force, Jurisdiction, Petition, Ratification, Reclamation, Request.

21. Complaint

In general, a complaint is equivalent to an appeal, a communication, a claim or a demand. This term is used by the ILO constitution to describe communications that a State brings against another State if it considers that the latter is not satisfactorily implementing the provisions of a Convention. Both States should have ratified the Convention in question. The Governing Body may create an Investigation Commission to prepare a report on the measures to be taken. The Protocol relating to the African Charter on Human and Peoples’ Rights uses the same term.

*See : African Court of Human and Peoples’ Rights, Appeal, Communication, ILO, Petition, Reclamation, Request.

22. Constitution

A Constitution, also called fundamental law, is the supreme legal text in the structure of States. It may be adopted by a Constituent Assembly or by referendum. It states the basic rules of the State, creates the hierarchy of public authority and determines its responsibilities as well as the relationships between the different state bodies. Human rights and fundamental freedoms are usually recognized in the Constitutions of States and explicit reference is often made to the Universal Declaration of Human Rights or the rights contained therein. It is to be noted that the constituent agreement of the International Labor Organization is called a Constitution while actually it is an international agreement.

*See : International Labor Organization, Treaty, Universal Declaration of Human Rights.

23. Convention

A Convention is a term used interchangeably with covenant and treaty to indicate an international agreement. It has been used for a number of human rights agreements, for example, the International Convention on the Elimination of All Forms of Racial Discrimination, the Convention on the Elimination of All Forms of Discrimination against Women, the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, the Convention on the Rights of the Child. Some regional instruments also use the same term : the American and European Conventions.

*See : Adherence, Charter, Covenant, Entry into Force, Party, Protocol, Ratification, Reserves, Treaty.

24. Council of Europe

The Statutes of the Council of Europe were adopted in London (United Kingdom) on 5 May 1949. This was the first international organization created in Europe after World War II. The promotion and protection of human rights are well placed among its objectives. Article 3 of the Statutes states that “Every Member (…) must accept the principles of the rule of law and of the enjoyment by all persons within its jurisdiction of human rights and fundamental freedoms”.

With regard to human rights, the Council has adopted the European Convention on Human Rights, where for the first time in the history of international law, it was made possible for individuals to submit their complaints to an international body. The Council’s bodies play an active role in safeguarding the provisions of the Convention through the election of judges and monitoring implementation of verdicts issued by the Court.

The Council of Europe has also adopted the European Social Charter that represents the equivalent, in social matters, of the European Convention on Human Rights. Here as well, the Committee of Ministers plays an important role in the follow-up of States' implementation of the provisions of the Charter.

Beside these activities, there are other human rights treaties under the mandate of this organization : the European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment and the Convention for the Protection of National Minorities.

*See : European Commission on Human Rights, European Convention on Human Rights, European Court of Human Rights, European Social Charter, International Organization.

25. Covenant

The term Covenant is used interchangeably with terms such as Convention and Charter in order to refer to an international agreement. For example, there were the Covenant of the League of Nations, a global organization that existed between the two World Wars and was the predecessor of the United Nations Organization, and the Covenant of the Arab League that established the regional organization known today as the League of Arab States. In the area of human rights, the term Covenant was used to describe the two international agreements adopted by the United Nations General Assembly that deal with economic, social and cultural rights in one and civil and political rights in the other. The use of this term does not have any specific legal implication. It merely signifies an international agreement.

*See : Agreement, Charter, Convention, Protocol.

26. Custom

Together with treaties, custom is one of the principal sources of international law as mentioned in the Statutes of the International Court of Justice. International customary law is the result of regular and consistent use by international human rights actors, particularly States. For any practice to acquire the value of customary law, respect of it must be founded in the willingness or conviction to obey it as law. It is called regional when the States that adhere to it are confined to a specific geographic region. It is called international when its usage surpasses one specific region to cover all States in the world. In fact many international conventions are nothing more than codification of customs : laws of treaties, law of the seas, etc.

*See : International Court of Justice, International Humanitarian Law, International Law.