Re: [CCWG-ACCT] Report on Lawyers Call re Human Rights

On 22/01/16 07:55, Aarti Bhavana wrote:

But the UDHR is non-binding. Further, these HR instruments apply only to state actors, which is why it's essential for the ICANN bylaws to categorically commit to respecting human rights. CCWG intends to at least have this commitment in place in WS1, since it isn't explicitly stated anywhere.

Exactly. I fully support that position. But the qualifications proposed in the current draft, designed legally to limit ICANN to 'applicable law' appear to have the intention, and certainly would have the effect of entirely remove this commitment, since UDHR (or ECHR, or EU Charter) rights are not applicable law in dualist states, such as the USA.