Part C: Appendices: Appendix I: The Human Rights Clause in External Agreements: Assessing Its Impact and Potential
| Author | Theo Van Boven |
| Published date | 01 March 1996 |
| Date | 01 March 1996 |
| DOI | http://doi.org/10.1177/092405199601400110 |
| Subject Matter | Article |
Part
C: Appendices
Appendix I: The
Human
Rights Clause in External Agreements:
Assessing Its
Impact
and Potential
Theo van Boven'
The International Legal Context
For
the ED's Evolving Policy
IPurpose of Presentation
The inclusion
of
human rights clauses in agreements concluded between the European
Community and third countries must be based on mutually accepted standards and a
commonly shared normative framework relating to human rights, the rule
of
law and the
concept
of
development. Basically, this commonly shared normative framework has been
developed by the United Nations and hence the Member States
of
the European
Community and third countries, having accepted the relevant United Nations standards,
share a common frame
of
reference and 'common standards
of
achievement' (preamble
Universal Declaration
of
Human Rights).
It
is the purpose
of
this presentation to relate the
European Community human rights policy to this global normative framework.
II Basic Principles and Hypotheses
When the European Community designs policies to integrate human rights objectives and
human rights concerns in its external political, economic and development relations,
questions may arise as to the legitimacy
of
such policies. It is submitted that the
legitimacy per se can hardly be questioned but that the practical modalities
of
such
policies may give rise to differences of views and disputes. In fact, the legal basis for such
community policies is enshrined in the Union Treaty
of
Maastricht (Articles 130 U and
J1(2» but - assuming that the normative framework
of
the United Nations is a relevant
factor for the European Community in matters
of
acommon foreign and security policy
and development cooperation - is also embedded in international human rights
instruments, such as the International Bill of Human Rights (the Universal Declaration
together with the International Covenant on Civil and Political Rights and the International
Covenant on Economic, Social andCultural Rights) and the UN Declaration on the Right
to Development.
Integration
of
human rights objectives and concerns in external political, economic and
development relations implies the acceptance - on all sides -
of
basic principles and
hypotheses. The following appear
of
particular importance:
(a) The principle ojuniversality. In the Vienna Declaration and Programme
of
Action, the
World Conference on Human Rights (1993) reaffirmed the universal nature
of
human
rights and fundamental freedoms as being 'beyond question' (paragraph 1).
Professor
of
law, University
of
Limburg, Maastricht; former director UN Centre for Human Rights. This text
is based on a presentation held during a public hearing on 'The Human Rights Clause in External
Agreements: Assessing its Impact and Potential', which was organized by the European Parliament on 20
and 21 November 1995.
Netherlands Quarterly
of
Human Rights. Vol. 14/1,97-110, 1996.
©The Netherlands Institute
of
Human Rights (SIM). Printed in the Netherlands.
97
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