Governments are under an obligation, under
international human rights law, to ensure that government policies and
practices conform to binding international human rights law. For example: the Vienna Declaration reaffirms, people with
mental disabilities are protected by the same human rights law that protects
all other individuals – including the provisions of binding human rights
conventions. International human rights law creates a number of broad
protections that provide important rights to people with mental disabilities.
So national governments including the United States of
America have an obligation to “ensure and respect” human rights law, including
the creation of safeguards for rights enforcement.
The major UN conventions, including the ICCPR and the
ICESCR, create treaty-based supervisory bodies. Governments that ratify
conventions agree to report regularly on the steps that they have taken to
implement the convention – through changes in legislation, policy, or practice.
Non-governmental organizations can also submit information for review by
oversight bodies. Oversight bodies review both the official and
non-governmental reports and publish their findings, which may include a
determination that governments have not met their international obligations
under the convention. The international oversight and reporting process thus
provides an opportunity to educate the public about a specialized area of
rights. This process can also be a powerful way to pressure governments to
realize convention-based rights.
The Vienna Declaration reaffirms, people with mental
disabilities are protected by the same human rights law that protects all other
individuals – including the provisions of binding human rights conventions.
International human rights law creates a number of broad protections that
provide important rights to people with mental disabilities. These provisions
of human rights conventions affirm the rights of persons with disabilities the
following rights: (1) the right to the highest attainable standard of physical
and mental health; (2) protections against discrimination (3) protections
against torture, inhuman, or degrading treatment; (4) protections against
arbitrary detention.
The major UN conventions, including the ICCPR and the
ICESCR, create treaty-based supervisory bodies. Governments that ratify
conventions agree to report regularly on the steps that they have taken to
implement the convention – through changes in legislation, policy, or practice.
Non-governmental organizations can also
submit information for review by oversight bodies. Oversight bodies review both
the official and non-governmental reports and publish their findings, which may
include a determination that governments have not met their international
obligations under the convention. The international oversight and reporting
process thus provides an opportunity to educate the public about a specialized
area of rights. This process can also be a powerful way to pressure governments
to realize convention-based rights.
There is widespread recognition that all internationally
recognized human rights are ultimately indivisible and interrelated.
http://www2.ohchr.org/english/law/cescr.htm
The two types of obligations can be described as an
“obligation of outcome” and an “obligation to take action.” There are “core concepts” in the ICESCR, which
are non-derogable, for which a State party cannot, under any circumstances whatsoever,
justify its non-compliance. More important, many of the same abuses violate
both the ICCPR and the ICESCR.
General Assembly resolutions fall into the category of
“hard” international law and are binding instruments. The concept that a government must protect
against torture or inhuman and degrading treatment is widely accepted by governments
and is considered to be customary international law. Thus a “soft law” can over time become so
accepted and customary as to be universally accepted by governments. The “Universal Declaration of Human Rights”
(UDHR) is the best example of a soft law (it was adopted in 1948 as a
non-binding UN General Assembly Resolution) that is widely considered to have
become binding, customary international law.
