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Maybe a nitpick, but there is no European Declaration of Human Rights. To unweave the web of confusingly similarly named documents: 1) The 1948 Universal Decla
by tremon 1y ago
Maybe a nitpick, but there is no European Declaration of Human Rights. To unweave the web of confusingly similarly named documents:
1) The 1948 Universal Declaration of Human Rights [0] which was written by the United Nations (with Eleanor Roosevelt as the committee chair). As a Declaration, the document itself has no legal weight, and the US has only ratified three out of nine core treaties that are based on it. One of them is the International Covenant on Civil and Political Rights [1], which does seem applicable here. Before rejoicing however, consider that the other two treaties that the US has ratified are the International Convention on the Elimination of All Forms of Racial Discrimination [2] and the United Nations Convention Against Torture [3] -- so don't expect any miracles here.
[0] https://www.un.org/en/about-us/universal-declaration-of-human-rights https://www.un.org/en/about-us/universal-declaration-of-huma...
[1] https://en.wikipedia.org/wiki/ICCPR https://en.wikipedia.org/wiki/ICCPR
[2] https://en.wikipedia.org/wiki/ICERD https://en.wikipedia.org/wiki/ICERD
[3] https://en.wikipedia.org/wiki/UNCAT https://en.wikipedia.org/wiki/UNCAT
For reference, ACLU fact sheet from 2013 about the US' track record on human rights: https://www.aclu.org/sites/default/files/assets/121013-humanrightsfacts.pdf https://www.aclu.org/sites/default/files/assets/121013-human... (PDF)
2) The European Convention on Human Rights [4], which is both a document and a court where human rights violations can be tried. Its jurisdiction is all members of the Council of Europe [5], which is broader than just the European Union (even Russia used to be a member, but was kicked out after the invasion of Ukraine). The EU requires all members to ratify the ECHR as one of the conditions of membership.
[4] https://www.coe.int/en/web/human-rights-convention/ https://www.coe.int/en/web/human-rights-convention/
[5] https://en.wikipedia.org/wiki/Council_of_europe https://en.wikipedia.org/wiki/Council_of_europe
For reference, the text itself: https://www.echr.coe.int/documents/d/echr/Convention_ENG https://www.echr.coe.int/documents/d/echr/Convention_ENG (PDF)
3) The EU itself has a Charter of Fundamental Rights [6] which covers the same topics. From what I could find, the main reason for the name change is that the EU fundamental rights are broader than the international human rights, so this avoids confusion when discussing either in international contexts.
[6] https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=LEGISSUM:charter_fundamental_rights https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=LEGISSUM...
For reference, explore the Charter: https://fra.europa.eu/en/eu-charter/title/title-i-dignity https://fra.europa.eu/en/eu-charter/title/title-i-dignity