EU trade agreements and their impacts on human rights: study commissioned by the German Federal Ministry for Economic Cooperation and Development (BMZ)

The European Union’s (EU) trade policy has a strong influence on economic development and the human rights situation in the EU’s partner countries, particularly in developing countries. The present study was commissioned by the German Federal Ministry for Economic Cooperation and Development (BMZ) as a contribution to further developing appropriate methodologies for assessing human rights risks in development-related policies, an objective set in the BMZ’s 2011 strategy on human rights. The study offers guidance for stakeholders seeking to improve their knowledge of how to assess, both ex ante and ex post, the impact of Economic Partnership Agreements on poverty reduction and the right to food in ACP countries. Currently, human rights impacts are not yet systematically addressed in the trade sustainability impact assessments (trade SIAs) that the European Commission conducts when negotiating trade agreements. Nor do they focus specifically on disadvantaged groups or include other benchmarks relevant to human rights impact assessments (HRIAs). The EU itself has identified a need for action in this regard. In June 2012 it presented an Action Plan on Human Rights and Democracy that calls for the inclusion of human rights in all impact assessments and in this context explicitly refers to trade agreements. Since then, the EU has begun to slightly adapt its SIA methodology and is working to define more adequate human rights–consistent procedures. It is hoped that readers of this study will find inspiration to help contribute to this process and help improve human rights consistency of future trade options.

Shaping EU trade agreements to support human rights

Trade between Europe and developing countries should be shaped such that market shares are just and trade flows foster sustainable development. But this is not always the case. While developing countries have much to gain from trade, they can also suffer serious losses. This is especially apparent with regard to food security, which often depends largely on smallholders and informal markets in poorer countries. This policy brief sketches the link between trade and the right to food, and describes how integration of Human Rights Impact Assessments in EU trade policy can help ensure sustainable trade regimes that do not cause undue harm.

Human rights and international trade

Economic globalization and respect for human rights are both highly topical issues. In theory, more trade should increase economic welfare and protection of human rights should ensure individual dignity. Both fields of law protect certain freedoms: economic development should lead to higher human rights standards, and UN embargoes are used to secure compliance with human rights agreements. However the interaction between trade liberalisation and human rights protection is complex, and recently, tension has arisen between these two areas. Do WTO obligations covering intellectual property prevent governments from implementing their human rights obligations, including rights to food or health? Is it fair to accord the benefits of trade subject to a clean human rights record? This book first examines the theoretical framework of the interaction between the disciplines of international trade law and human rights. It builds upon the well-known debate between Professor Ernst-Ulrich Petersmann, who construes trade obligations as human rights, and Professor Philip Alston, who warns of a merger and acquisition of human rights by trade law. From this starting point, further chapters explore the differing legal matrices of the two fields and examine how cooperation between them might be improved, both in international law-making and institutions,in dispute settlement. The interaction between trade and human rights is then explored through seven case studies:freedom of expression and competition law; IP protection and health; agricultural trade and the right to food; trade restrictions on conflict WHO convention on tobacco control; and, finally, human rights conditionalities in preferential trade schemes.

Teachers' Views of Human Rights Education

The Universal Declaration of Human Rights (UDHR) states that education should be "directed to the full development of the human personality and to the strengthening of respect for human rights and fundamental freedoms... promote understanding, tolerance and friendship among all nations, racial or religious groups." This study surveyed 53 teachers on their views of Human Rights Education, including their familiarity with the concept, their self-efficacy with teaching it, and conditions that would increase the likelihood of their teaching it. The study found that, regardless of familiarity with the topic, years of teaching experience, or school location (urban/suburban), most teachers were open to teaching Human Rights Education. They did identify the need for better resources in the form of lesson plans, teaching materials, and professional training. In addition, support from other teachers, administration, and parents was felt to be important in order for them to undertake Human Rights Education. The best strategy to move forward with Human Rights Education would be to provide resources and support for teachers so that we can be living up to the expectations put forth in the UDHR.

Perpetual Conflict or Compromise? The Cost of Domestic Legitimacy in the Realm of Women's Human Rights: A Case Study on the Right to an Abortion

With its turbulent and volatile legal evolution, the right to an abortion in the United States still remains a highly contested issue and has developed into one of the most divisive topics within modern legal discourse. By deconstructing the political underpinnings and legal rationale of the right to an abortion through a systematic case law analysis, I will demonstrate that this right has been incrementally destabilized. This instability embedded in abortion jurisprudence has been primarily produced by a combination of textual ambiguity in the case law and judicial ambivalence regarding this complex area of law. In addition, I argue that the use of the largely discredited substantive due process doctrine to ground this contentious right has also contributed to the lack of legal stability. I assert that when these elements culminate in the realm of reproductive privacy the right to terminate a pregnancy becomes increasingly unstable and contested.

National report submitted in accordance with paragraph 5 of the annex to Human Rights Council resolution 16/21: Brazil

Se presentan el informe nacional de Brazil, la recopilación de información de Naciones Unidas y el resumen de información realizadas por el Consejo de Derechos Humanos, Grupo de Trabajo sobre el Examen Periódico Universal en el marco de la Asamblea General de las Naciones Unidas realizadas del 21 de Mayo al 4 de Junio del 2012 en Ginebra. Se destacan las preocupaciones expresadas por la Comisión de Ciudadanía y Reproducción (CCR) por las cuáles recomienda la difusión de evidencia científica que apoya el uso de misoprostol, así como las instrucciones correctas para su uso en el contexto de la divulgación de la salud sexual y reproductiva.