CML 3319 : Advanced Legal Research
Methodology Winter 2011
Human Rights
CeciliaLaw
Tellis,
Law Librarian
Alan Fleichman, Brian Dickson
Library
Brian Dickson Law Library
Outline
 What are human rights
– Definition
International law of human rights
– Treaty law - International human rights instruments
• Primary sources
- HR Instruments, treaties resolutions, declarations etc.
– Human rights protection mechanisms
• Human rights monitoring
- Primary sources
- Documentary sources
- Case law
- Primary sources - UN
– Secondary sources
-
Handbooks, Encyclopedias – Journal articles, reports, Current awareness
Outline
 For more details on international & regional human rights
please refer to the following LibGuides:
Human Rights
Human Rights in Canada
International Criminal Law
International Humanitarian Law (IHL)
What are human rights
Human rights are rights inherent to all human beings,
whatever our nationality, place of residence, sex, national or
ethnic origin, colour, religion, language, or any other status.
We are all equally entitled to our human rights without
discrimination. (OHCHR)
What are human rights
Principles:
Universality
Equality
Non-discrimination
International human rights are considered to be all :
interrelated, interdependent and indivisible.
(OHCHR)
What are human rights
Conflicts:
ex. Universality v. Cultural relativism
International law of human rights
Universal human rights are often expressed and guaranteed
by law, in the forms of treaties, customary international law ,
general principles and other sources of international law.
International law of human rights
The United Nations General Assembly adopted of the
Universal Declaration of Human Rights (UDHR) on 10
December 1948. The UDHR, together with the
International Covenant on Civil and Political Rights and its
two Optional Protocols, and the International Covenant on
Economic, Social and Cultural Rights, form the so - called
International Bill of Human Rights.
International law of human rights
A series of international human rights treaties and other
instruments adopted since 1945 have conferred legal form
on inherent human rights and developed the body of
international human rights.
While international treaties and customary law form the
backbone of international human rights law other
instruments, such as declarations, guidelines and principles
adopted at the international level contribute to its
understanding, implementation and development.
International law of human rights
Through ratification of international human rights treaties
governments undertake to put into place domestic
measures and legislation compatible with their treaty
obligations and duties. Where domestic legal proceedings
fail to address human rights abuses, mechanisms and
procedures for individual complaints or communications are
available at the regional and international levels to help
ensure that international human rights standards are indeed
respected, implemented, and enforced at the local level.
International law of human rights
Most States have also adopted constitutions and other laws
which formally protect basic human rights.
International law of human rights
Sources:
(OHCHR). Human Rights Instruments
-CHARTER OF THE UNITED NATIONS
-THE 9 CORE INTERNATIONAL HUMAN RIGHTS INSTRUMENTS and their
monitoring bodies
-The UNIVERSAL HUMAN RIGHTS INSTRUMENTS
-Conventions, Declarations and Other Instruments Found in General
Assembly Resolutions (since 1946)
International law of human rights
Official treaty source
United Nations Treaty Collection / Nations Unies Collection des
Traités
Official multilateral and bilateral treaties
U.N.T.S. citation
Status of Ratification, Derogations
International human rights
protection mechanisms
 The United Nations system for the promotion and protection
of human rights is comprised of 2 main bodies :
 UN Charter-based bodies
including the Human Rights Council
 Treaty-based bodies
created under the core international human rights treaties
and made up of independent experts mandated to monitor
state parties' compliance with their treaty obligations.
IHRPM – Treaty-based bodies
Treaty-based bodies are created under the core international
human rights treaties and made up of independent experts
mandated to monitor State parties' compliance with their
treaty obligations.
There are eight human rights treaty bodies that monitor
implementation of the core international human rights
treaties.
IHRPM – Treaty-based bodies
The treaty bodies perform a number of functions in
accordance with the provisions of the treaties that created
them. These include:
Consideration of State parties' reports;
Consideration of individual complaints or communications
IHRPM – Treaty-based bodies
 Consideration of state reports
When a country ratifies one of these treaties, it assumes a legal obligation
to implement the rights recognized in that treaty. The country incurs an
additional obligation to submit regular reports to the monitoring
committee set up under that treaty on how the rights are being
implemented. This system of human rights monitoring is common to most
of the UN human rights treaties.
 Consideration of individual complaints or communications
some of the treaty bodies may perform additional monitoring functions
through three other mechanisms: the inquiry procedure, the examination
of inter-state complaints and the examination of individual complaints.
Four of the Committees (CCPR, CERD, CAT and CEDAW) can, under certain
conditions, receive petitions from individuals who claim that their rights
under the treaties have been violated
IHRPM – Treaty-based bodies
 General comments
The Treaty bodies also publish general comments on the
treaties and organize discussions on related themes
IHRPM – Treaty-based bodies tools
Tools to locate State Reports and Concluding Observations
 Office of the United Nations High Commissioner for Human
Rights - Human Rights by Country
 UN Treaty Body Database
 Bayefsky.com - The UN Human Rights Treaties
 Universal Human Rights Index
 University of Minnesota Human Rights Library
IHRPM – Charter based bodies
Human Rights Council
The Human Rights Council examines, monitors, advises and publicly
reports on human rights situations in specific countries (country
mandates), or on major phenomena of human rights violations worldwide
(thematic mandates).
 Special Procedures of the Human Rights Council
mechanisms assumed by the Human Rights Council to address either
specific country situations or thematic issues in all parts
of the world.
 UPR-Info.org
Started in April 2008, the Universal Periodic Review is a process which
involves a review of the human rights records of all 192 UN Member
States once every four years.
IHRPM – Charter-based bodies
monitoring tools
 Office of the United Nations High Commissioner for Human
Rights (OHCHR). Human Rights Bodies
 OHCHR. Country by Country
 OHCHR. Charter based bodies document search - database
 Universal Human Rights Index
 Universal Periodic Review. OHCHR. Documents by Country
 UPR Watch (Universal Periodic Review)
 Special Procedures. Country Mandates
 Special Procedures. Thematic mandates
Human Rights Monitoring –
Non UN sources
Shadow reports
A shadow report is a document written by NGOs evaluating
government efforts to meet the obligations of a human rights
treaty. Examples are :
 Children's Rights Information Network (CRIN). Alternative
reports
 World Organisation Against Torture / Organisation Mondiale
Contre la Torture
 International Women's Rights Action Watch Asia Pacific.
CEDAW Shadow Reports
 CEDAW NGO Statements
Human Rights Monitoring –
Non UN sources
Human Rights Violations reports
Examples are :
 Amnesty International On-line
 FIDH-International Federation of Human Rights/Fédération
Internationale des Ligues des Droits de l'Homme
 Freedom House
 Human Rights Watch
 International Commission of Jurists
 U.S. Department of State, Human Rights Reports
 World Organisation Against Torture / Organisation Mondiale
Contre la Torture
Regional Human Rights Protection
International human rights instruments can be divided further
into regional instruments, which are restricted to states in a
particular region of the world.
See:
 European Human Rights System
 Inter-American Human Rights System
 African Human Rights System
 ASEAN Human Rights System (emerging)
Case Law
Key Print Reporters and Digests
 International Court of Justice Reports of judgments, advisory
opinions and orders = Recueil des arrets, avis consultatifs et
ordonnances. ( Leyden , A.W. Sijthoff [1947- ]. GEN/KZ 214
.I57
I.C.J. Reports (ONLINE AT ICJ)
 The International criminal law reports / edited by Helen
Malcolm & Rodney Dixon. Publisher London, UK : Cameron
May, 2000- FTX Reserve K 5014.53 .I57
 International Law Reports (London: Butterworth, 1950-). FTX
General KZ 64 .A65 I.L.R.
Case Law
Key Print Reporters and Digests
 International Legal Materials
PER./K 202 I573
I.L.M.(ONLINE AT WESTLAW CANADA, HEINONLINE)
Case Law
Key Print Reporters and Digests Other Jurisdictions
 European Human Rights Reports / Cour Européenne des
droits de l'homme
GEN/KJC 5132 .A52 E94 ; E.H.R.R.
Eur. H.R. Rep. (Online at HUDOC
http://cmiskp.echr.coe.int/tkp197/search.asp?skin=hudoc-en
 Decisions and Reports-European Commission of Human
Rights GEN/K 3236.2 .E962 Eur. Comm. H. R. / D. R.
Case Law - Online
 Butterworths Human Rights Cases (uOttawa Law School account required)
Butterworths Human Rights Cases reports landmark and interesting
human rights decisions from international and national courts and
tribunals that make a significant contribution to the way in which a
particular right or freedom is interpreted or applied.
 Netherlands Institute of Human Rights (SIM) Case Law
These four databases CCPR, CAT, CERD, CEDAW
contain the case law of the United Nations human rights treaty
monitoring bodies that provide for an individual complaints procedure.
Oxford Reports of International Law (uOttawa resource)
Oxford Reports on International Law is intended to be a single point of
reference for all international law jurisprudence. Includes International
Law in Domestic Courts, International Human Rights Law and decisions
are linked to the Oxford Law Citator.
Case Law - Online
 International Court of Justice
 University of Minnesota Human Rights Library Search
 UPR. Database of UPR recommendations
 WorldLII. International Courts & Tribunals Library
International Labour Organization
International Labour Organization (ILO)
Key UN specialized agency which seeks the promotion of social
justice and internationally recognized human and labour
rights.
International Labour Organization
(ILO)
Key databases:
 APPLISa database on the application of international labour
standards
 ILOLEXdatabase of International Labour Standards and
recommendations (including ratification information)
 LibSyndCommittee on Freedom of Association database
 NATLEXdatabase of national labour, social security and
related human rights legislation
 Declaration on Fundamental Principles and Rights at Work.
Annual Review database
Main UN databases
 AccessUN Internet version of the Readex Index to United
Nations Documents and Publications, which also contains
some documents and links to sites for resources available on
the United Nations Web site.
 UN-I-QUE Designed to provide quick access to document
symbols/sales numbers for UN materials (1946 onwards).
 UNBISnet Official catalogue of the United Nations.
 United Nations Treaty Collection / Collection des traités des
Nations Unies Official UN multilateral and bilateral treaty site.
Main UN databases
UNBISnet Official catalogue of the United Nations.
 Catalogue of United Nations(UN) documents and publications indexed by
the UN Dag Hammarskjöld Library and the Library of the UN Office at
Geneva. coverage 1979  full text resources in the six official languages of the UN (Arabic, Chinese,
English, French, Russian and Spanish), including resolutions adopted by
the General Assembly, the Economic and Social Council and the Security
Council from 1946 -; treaties, declarations, decisions, state-party reports,
concluding observations, NGO statements etc..
 Notes - When applicable provides document source info – “official
records”
 Multiple indexes, Excellent subject access
Main UN databases
UNBISnet Official catalogue of the United Nations.
 Voting records for all resolutions by the General Assembly
1st session (1946-) and the Security Council beginning with
its 1st year (1946-).
 Index to Speeches
Citations to speeches made in the General Assembly - 38th
session (1983-), the Security Council - 38th year (1983-), the
Economic and Social Council – (1983-) and the Trusteeship
Council - 15th special session (1982-).
Main UN databases
 United Nations. Official Document System ODS ODS covers all types of
official United Nations documentation, beginning in 1993. Older UN
documents are, however, added to the system on a daily basis. ODS also
provides access to the resolutions of the General Assembly, Security
Council, Economic and Social Council and the Trusteeship Council from
1946 onwards.
 UN Member States on the Record. / Les États membres des Nations
Unies Provides direct access to official documents reflecting the views of
United Nations Member States.
 United Nations Office of Legal Affairs. Audiovisual Library of International
Law
Other UN Human Rights Reports
databases
 The UN Secretary General's Database on Violence against Women
 United Nations. High Commissioner for Refugees. REFWORLD
NGO Human Rights Reports
databases
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Amnesty International
Business & Human Rights Resource Centre
CRIN. Children's Rights Law & Policy
ESCR-Net
Human Rights Watch
Human Rights Impact Resource Centre - Resource Database
IOM OIM International Organization for Migration. Migration Law
Database / Organisation internationale pour les migrations. Base de
données du Droit international de la migration. / Organización
internacional para las migraciones. Base de datosrelativa
 Minority rights law. Minority Rights International
 University of Minnesota Human Rights Library
Key Journal Article databases
 Foreign & International Law Resources Database (uOttawa resource)
 Harvard Research in International Law (uOttawa resource)
 HeinOnline(uOttawa resource)
Digital archives of legal information consisting of several full-text
collections: The Law Journal Library - over 400 legal scholarly journals
from inception.
 Human Rights Catalogue (HRB) (-2010//) Indexes books, articles, reports,
gov. docs, conferences, theses, on Canadian and international human
rights & social justice. Comprehensive bibliography on the Canadian
Charter & human rights legislation, law & policy. Full-text links to licensed
and public access materials.
Key Journal Article databases
 Index to Legal Periodicals FullText (uOttawa resource)
Bibliographic database that cites articles written since 1982 from more
than 600 legal periodicals, and indexes some 2000 law books per year. Full
text of over 200 select periodicals, as far back as 1994.
 Jurisquare (max users: 5) (uOttawa resource)
 Law Journal Library (uOttawa resource)
 Legal Scholarship Network(uOttawa resource)
Scholarly information related to law for legal, economics and business
scholars and practitioners throughout the world. Max. 10 users.
 Legaltrac(uOttawa resource)
indexes about 800 major legal publications (from the U.S., Canada, the
U.K., Ireland, Australia and New Zealand) such as law reviews,legal
newspapers, bar association journals, and international legal journals.
Related Journal Article databases
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Dissertations and Theses (Proquest) (uOttawa resource)
Genderwatch (max users: 2) (uOttawa resource)
Scholarly articles, newspaper and magazine stories, government reports, etc., focusing on
gender issues across a broad spectrum of subject areas, including education, health sciences,
history, public policy, sociology and contemporary culture, gender and women's studies.
Labordoc
Scholars Portal (uOttawa resource)
access to more than 7 000 individual journal titles with browsable tables of content
SCOPUS(uOttawa resource)
Siyanda (uOttawa resource)
Slavery, abolition and social justice, 1490-2007 (uOttawa resource)
Women's Studies International (max users: 5) (uOttawa resource)
World News Digest ( Facts on file ) (uOttawa resource)
PAIS International @ Scholars Portal (uOttawa resource)
International Political Science Abstracts (IPSA) (max users: 4) (uOttawa resource)
Handbooks, Encyclopedias
Handbooks

Guide to international human rights practice. 4th ed. - Hannum, Hurst (ed.).
Excellent overview of international and regional complaints mechanisms
Research handbook on international human rights law - Joseph, Sarah ;
McBeth, Adam (eds.).
Encyclopedias

International human rights lexicon - Marks, Susan (Susan R ) ; Clapham,
Andrew Call Number: FTX Reserve K 3240 .M265 2005
Encyclopedia of human rights [electronic resource] - Forsythe, David P
Encyclopedia of genocide and crimes against humanity [electronic resource]
- Shelton, Dinah
Online Guides
Online Guides
 ASIL. EISIL - Electronic Information System for International Law - Human
Rights
 ASIL Guide to Electronic Resources for International Law
 ASIL Guide to ASIL Guide to Electronic Resources for International Law.
International Human Rights
 University of Minnesota - Human Rights Library
 United Nations Dag Hammarskjöld Library. Human Rights Guide.
Key current awareness tools
Human Rights Brief
http://www.wcl.american.edu/hrbrief/17/174.cfm
Developments in international human rights and
humanitarian law. Concise legal analysis of cutting edge
human rights issues. Includes updates from the: International
and Internationalized Criminal Courts, Regional Human Rights
Systems, United Nations and NGOs.
Key current awareness tools
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International Human Rights Committee E-brief:
Human Rights Watch (HRW) News
War Crimes Prosecution Watch
International Law In Brief
ASIL Insights .
Key current awareness tools
 Blog PhD studies in human rights - William Schabas
 Website