52. Inter-American Commission on Human Rights
Made up of independent Commissioners elected by the General Assembly of the Organization of American States, the Commission is chartered to protect and promote human rights within the context of the inter-American system. It examines communications and petitions as provided for by the American Convention on Human Rights.
Individual petitions can be introduced against States Parties to the Convention. On the other hand, petitions by States cannot be accepted unless in addition to being a State Party to the Convention, the accused State has made a declaration accepting the competence of the Commission to examine such petitions. Both procedures are subject to certain conditions of admissibility, in particular the rule that local solutions have been exhausted. As a first measure, the Commission places itself at the disposal of the conflicting parties to enable them find an amicable settlement. If a friendly settlement cannot be reached, the Commission draws up a report containing the facts and stating its conclusions and recommendations. The matter may be submitted to the Inter-American Court of Human Rights within a period of three months. If this does not happen, then the Commission may re-examine the matter. Finally, the Commission issues an opinion, formulates recommendations and fixes a time limit for the accused State to adopt the recommended measures.
*See : American Convention on Human Rights, Communication, Declaration, Inter-American Court of Human Rights, Organization of American States, Petition, Submission.
53. Inter-American Court of Human Rights
Organisation of American States
18681 F Street NW, Suite 820
Washington DC 20006 (USA)
Tel : (1 202) 458 6002
Fax : (1 202) 458 3992
Site internet : www.oas.org
The Inter-American Court of Human Rights is competent to examine alleged violations of the American Convention on Human Rights referred to it by States, after the Inter-American Commission has looked into the matter However, its jurisdiction is optional : it can only be addressed concerning States which, in addition to being States Parties to the Convention, have also made a declaration accepting the competence of the Court to examine such petitions. Individuals cannot submit claims to the Court. In its examination of the matter, the Court is not obliged to follow the opinion of the Commission. Following presentation of the views of States and the Commission, the Court issues its judgment, which is final and not subject to appeal.
*See : American Convention on Human Rights, Competence, Declaration, Inter-American Commission on Human Rights, Jurisdiction, Jurisprudence, Organization of American States, Petition.
54. International Bill of Human Rights
This term is used to refer to the following suite of human rights instruments :
Universal Declaration of Human Rights,
International Covenant on Economic, Social and Cultural Rights,
International Covenant on Civil and Political Rights, and
Optional Protocols to the International Covenant on Civil and Political Rights.
*See : Charter, Civil and Political Rights, Economic, Social and Cultural Rights, Human Rights, Universal Declaration of Human Rights.
55. International Bureau of Educatio
The International Bureau of Education was the first international organization in the field of education. It was created in Geneva in 1925 as a private institution. As of 1929, the Bureau started admitting governments and it became affiliated to UNESCO in 1969. Nevertheless, the Bureau enjoys wide autonomy in its area of specialization : the organization of the International Conference on Education, the organization of discussions on educational policies and the collection, analysis and diffusion of documentation and information on education. The Bureau is run by a Council composed of representatives of Member States elected by the UNESCO General Assembly.
*See : International Conference on Education, UNESCO.
56. International Conference on Education
Organized by the International Bureau of Education since 1934, the International Conference on Education is a forum for discussion between the Ministers of Education of UNESCOs Member States. It is also open for the participation of other partners in the field of education including teachers, researchers, non-governmental organizations, etc. Themes for discussion are chosen by UNESCO upon proposal of the International Bureau of Education. During its recent sessions, the Conference has examined the following themes : Education for All (1990), the Contribution of Education to Cultural Development (1992), Appraisals and Perspectives of Education for International Understanding (1994), Strengthening the Role of the Teacher in a Changing World (1996). At the end of each Conference, recommendations for Ministries of Education are adopted.
*See : Human Rights Education, International Bureau of Education, Recommendation, UNESCO.
57. International Court of Justice
The International Court of Justice was created by the United Nations Charter. It is based in The Hague (Netherlands) and composed of judges elected by the United Nations General Assembly and the Security Council. It is mandated to settle disputes between States. For the Court to consider such disputes, the States concerned must have made a declaration accepting its competence. States may declare that they accept the court rulings on all points of their disagreement, or they may declare that they accept that only a specific part of their disagreement is to be submitted to the Court. The Courts rulings are final and binding upon States. The Security Council decides on the measures to be taken to ensure the application of such rulings. The Court also plays a consultative role : upon request from United Nations bodies, it renders legal advisory opinions. In all its activities, the Court applies international law.
* See : Custom, Declaration, International Law, Jurisdiction, Jurisprudence, United Nations Security Council, United Nations General Assembly, United Nations Organization.
58. International Criminal Tribunal
At present there are two International Criminal Tribunals. The United Nations Security Council created them in 1993 and 1994 respectively. The first tribunal is the International Criminal Tribunal for Ex-Yugoslavia. The second is the International Criminal Tribunal for Rwanda. They are mandated to try persons convicted of violating international humanitarian law during the events that affected these two countries.
*See : Custom, International Humanitarian Law, International Law, Jurisdiction, Security Council, United Nations Organization.
59. International Humanitarian Law
International humanitarian law refers to all the rules established by international customary law or treaties to protect human beings during situations of armed conflict. The main texts in this area are the four Geneva Conventions that were adopted in 1949 through the initiative of the International Committee of the Red Cross (ICRC), a non-governmental organism. These four Conventions refer to : amelioration of the condition of the wounded and sick in armed forces in the field ; amelioration of the condition of the wounded, sick and shipwrecked members of armed forces at sea ; the treatment of prisoners of war ; and the protection of civilian persons in time of war. They are complemented by two addition protocols adopted in 1977.
*See : Custom, International Court of Justice, International Criminal Tribunal, Security Council.
60. International Labor Office (ILO)
4, route des Morillons
CH-1211 Geneva 22 (Switzerland)
Tel : (41 22) 799 6111
Fax : (41 22) 798 8685
E-mail : ilo@ilo.org
Homepage : http://www.ilo.org
Better know by its acronym ILO, the International Labor Office is the Permanent Secretariat of the International Labor Organization. A Director General appointed by the Governing Body runs it. He or she prepares meetings and the work of the principal bodies of the Organization : the International Labor Conference and the Governing Body. He/She collects and diffuses information in the domain of labor and social relations.
61. International Labor Organization (ILO)
4, route des Morillons
CH-1211 Geneva 22 (Switzerland)
Tel : (41 22) 799 6111
Fax : (41 22) 798 8685
E-mail : ilo@ilo.org
Homepage : http://www.ilo.org
This is one of the oldest international organizations, created after World War I. Its field of activity includes labor, social security and social relations in general. Its main bodies are the International Labor Conference and the Governing Body that are headed by an elected Director General. It is serviced, together with the International Labor Office, by a permanent administration based in Geneva. The composition of the Conference and the Governing Body is of a tripartite nature, i.e., States delegations are composed of representatives of governments, workers and employers.
The ILO adopts what are known as international labor norms. These norms are composed of Recommendations and Conventions. Conventions are binding once States have ratified them. Recommendations are not binding, although States are bound by certain obligations, in particular to propose them to national authorities to be incorporated into law and to report when this does not happen.
In the Declaration on the Fundamental Principles and Rights at Work adopted in 1998, the ILO reminded all Member States that they have the obligation to respect certain principles and rights even if they did not ratify the relevant Conventions. These rights are binding upon States simply by their membership of the Organization. These rights are the following :
Elimination of all forms of forced or compulsory labor ;
Abolition of child labor ; and
Elimination of discrimination in employment and training.
To ensure States compliance with the obligations they undertake through their adherence or ratification of Conventions, the ILO has developed a set of mechanisms.
The ILO and its mechanisms can be addressed for issues linked to education, as in the case of child labor. This is also the case for teachers who are considered the same as other laborers. The ILO has collaborated with UNESCO in the elaboration of a number of documents.
*See : Committee of Experts on the Application of Conventions and Recommendations of the ILO, Committee on Freedom of Association of the ILO, Educator/Teacher, Educator/Teacher (Higher Education), Fact Finding and Conciliation Commission of the ILO.
62. International Law
International law is composed of the norms and institutions that regulate relations between members of the international community. The term international, when it concerns relations between nations, does not really reflect reality since it is basically inter-State. International customs and treaties make up the main bulk of international law.
*See : Custom, International Court of Justice, Treaty.
63. International Organization
An international organization is the association of States to give birth to a new entity. This body enjoys the status of an international legal entity and may create its own different bodies. The treaty that establishes such an organization gives it a precise mission, which generally consists of promoting cooperation between States Members in one or more areas. An international organization is considered universal when its mission is to admit all States of the world. It is called regional when its membership is confined to a number of States limited by specific criteria : geographic, political, linguistic, religious, etc. The most appropriate expression to describe these entities is inter-governmental organizations in order to distinguish them from non-governmental organizations that are also international, but are not created by States.
*See : Council of Europe, International Labor Organization, Organization of African Unity, Organization of American States, Non-governmental Organization, UNESCO, United Nations Organization.
64. Interpretation
Interpretation is the process of describing in detail the scope and contents of a legal instrument with a view to its implementation. In the field of human rights, the treaty-monitoring bodies fulfill this function when they examine complaints or adopt general comments/general recommendations on specific provisions of a treaty.
*See : General Comment, General Recommendation, Jurisdiction, Jurisprudence.
65. Jurisdiction
At one level, the term jurisdiction means the administration of justice and law, the right and responsibility to impose justice by applying the law. The word jurisdiction, however, has also come to mean the body that has the competence to do this. International human rights jurisdictions are not many. For now, there are only the European Court of Human Rights and the Inter-American Court of Human Rights. The African Court of Human and Peoples Rights has yet to be established : the protocol provided for it has not entered into force so far.
*See : African Court of Human and Peoples Rights, Inter-American Court of Human Rights, International Court of Justice, European Court of Human Rights, Interpretation.
66. Jurisprudence
Jurisprudence refers to the totality of the judgments and verdicts issued by an adjudicating body. There is the jurisprudence of the European Court of Human Rights, the Inter-American Court of Human Rights and the International Court of Justice to mention but a few examples. This word can also be used in a more restricted term : to describe the rulings and judgments on a specific question, for example, the jurisprudence about freedom of conscience.
Theoretically reserved only for jurisdictions, the word is frequently used for texts issued by bodies which are not jurisdictions. For example, it is common to speak of the jurisprudence of the Human Rights Committee.
*See : Interpretation, Jurisdiction.
7. Limitations
*See : Restrictions.