International Organizations and Human Rights

Posted on Mar 10, 2025 in Law & Jurisprudence

International Court of Justice

(15 judges, The Hague).

Executive Secretariat: Court, General Assembly, and ECOSOC.

General Secretary: Principal Administrator, chosen by the Security Council and General Assembly.

Regarding States: The Security Council determines admission.

Spain entered in 1955.

Council of Europe

Founded in London, May 5, 1949, by West Germany, France, Holland, and Denmark. Based in Strasbourg.

Secretariat: Secretary General, two Deputy Secretaries, and Staff.

European Union (EU)

Established March 1957 in Rome (EEC and EURATOM), entered into force in 1958. Original countries: Germany, France, Italy, Belgium, Holland, and Luxembourg.

European Union: Brussels.

Western European Union: Established March 17, 1948.

NATO

Spain joined in 1982.

Maastricht Treaty on European Union (1992): Promotes economic interests and rights of member states, acquis communautaire, EU cooperation in Justice.

Institutions:

  • Parliament: Plenary sessions in Strasbourg, commissions and secretariat in Luxembourg and Brussels. Co-decides with the Council of Ministers.
  • Council of Ministers: Decision-making body.

Universal Declaration of Human Rights

30 articles, declared by the UN General Assembly on December 10, 1948.

  • Article 1: Everyone is born free and equal in dignity and rights.
  • Article 2: Everyone has the rights in the declaration without distinction of race, sex, etc.
  • Article 3: Everyone has the right to life, liberty, and security.
  • Article 4: Nobody shall be enslaved.
  • Article 5: Nobody shall be subjected to cruel torture or punishment.
  • Article 6: Everyone has the right to recognition of their nationality.
  • Articles 7 & 8: Everyone is equal before the law and has the right to appeal to tribunals.
  • Article 9: No one shall be arbitrarily arrested.
  • Article 10: Everyone has the right to be heard publicly.

International Covenant on Economic, Social, and Cultural Rights

New York, December 19, 1966. Spain signed in 1976, effective July 27, 1977. 31 articles in 5 parts.

  • Part 1: All peoples have the right to free determination.
  • Part 2: States commit to fulfilling these rights.
  • Part 3: Recognition of the right to work, reduction of mortality, treatment of diseases, cultural participation.
  • Part 4: States provide reports on measures taken.
  • Part 5: Signature open to members of other UN organizations.

International Covenant on Civil and Political Rights

New York, December 19, 1966. Spain signed in 1976, effective July 27, 1977. 6 parts, 53 articles.

  • Part 1: All peoples have the right to free determination (political, economic, social, etc.).
  • Part 2: Respect for individuals without distinction.
  • Part 3: Right to life, pardon, right to work.
  • Part 4: Human Rights Committee of 18 members, annual report.
  • Part 5: Provisions for nations not to impair rights.
  • Part 6: Signature by members.

European Court of Human Rights

Not limited to members of the UN.

Spanish Legislation

  • General Election Law: Controls incompatibilities of deputies and senators.
  • Organic Law 4/81 (June 1): Regulates states of Alarm, Exception, and Siege.
  • Organic Law 6/84 (May 24): Governing habeas corpus.
  • Organic Law 6/85 (July 1): Judiciary.
  • Organic Law 2/86 (March 13): Security Forces and Corps.
    • Royal Decree 1201/81 (May 8).
  • Organic Law 4/88: Regarding terrorists and armed bands.
  • Law 42/99: Guardia Civil functions (see Law 2/86).
    • Article 104: Security forces act under the dependence of the government.
  • Law of Criminal Procedure (September 14, 1882): 7 books.
    • Book 5: Appeals.
  • Law 2/85 (January 21): Civil Protection. Special and territorial plans.
    • Guiding Principles: Responsibility, autonomy, administrative organization, coordination, complementarity, subsidiarity, solidarity, and integration capacity.
  • Royal Decree 769/87: Judicial Police (see also Organic Law 6/85, Title 2, Chapter V).
    • Hierarchical dependence on the Ministry of the Interior and functional dependence on judges, prosecutors, and criminal courts.
  • Criminal Code (Organic Law 10/95, November 23):
    • Article 1: Non-retroactivity of criminal law (retroactivity favorable to the accused).
    • Title XXI: Crimes against constitutional guarantees by public officials.