The global compact for migration agreement and the principle of universality of human rights: the gender perspective

AutorGiuseppe Matteo Pezzullo
Páginas301-313
THE GLOBAL COMPACT FOR MIGRATION
AGREEMENT AND THE PRINCIPLE OF
UNIVERSALITY OF HUMAN RIGHTS: THE
GENDER PERSPECTIVE
THE GLOBAL COMPACT FOR MIGRATION AGREEMENT AND THE PRINCIPLE...
G M P
University Carlos III of Madrid, Spain
After World War II the International Community found the need to
strengthen the cooperation among countries in order to prevent other
massive violations of Human Rights. This may be considered the result
of the existence of some rules, called Ius Cogens, generally accepted by
States and already considered as fundamental, inalienable and inherent.
These rights – that encompassed the prohibition of the use of the force,
the law of genocide, the principle of racial non-discrimination, crimes
against the humanity and the rule of prohibition of trade in slavery
and piracy - cannot be set aside by other multilateral treaties and they
cannot be breached by governments, as stated by the International Law
Commission during the redaction of the 1966 Law of Treaty (Brow nlie,
2012, 510-513). The same United Nations Charter enshrines, in its
articles 55 and 56, the principle of cooperation among countries for
the promotion of Fundamental Rights, establishing that all States have
the obligation to cooperate for the achievement of the Organization’s
objectives. Those are the protection of Human Right and Fundamental
Freedoms and the promotion of the economic and social conditions that
would ensure higher standard of living conditions for women and men.
For these purposes, a Commission on Human Rights was created in
1946 to carry out investigations on Human Rights violations. The same
Commission was replaced with the Human Rights Council – through
Resolution 60/251 adopted on 15 March 2006 – with the objective of
promoting the protection of Human Rights and Fundamental Freedom
and, at the same time, for the assessment of their respect (Brownlie, 2012,
555-558). In this context, it is important to highlight the impact of the

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