Anaya Nolan
Human rights law is a diverse and powerful field of law that advocates for equality and justice. The foundation of human rights law is the Universal Declaration of Human Rights (UDHR), which was adopted by the UN General Assembly in 1948. This declaration outlines the basic civil, political, economic, social and cultural rights that all human beings should enjoy, and it has been widely accepted as the fundamental standard for human rights. Human rights lawyers play a crucial role in defending these rights and promoting equality, justice and equal economic opportunities. They also work to address criminal justice reform, racial justice, gender equality, immigrants' rights and fair housing. Human rights law is a broad field that covers international criminal law, international human rights and the functions of international organisations such as the United Nations and the International Court of Justice.
Characteristics and Values of Human Rights Law
| Characteristics | Values |
|---|---|
| Human Rights Advocacy | Equality, Freedom from Discrimination |
| International Human Rights | Universal Protection |
| Human Rights Law Concentrate | Exam Preparation, Fundamental Principles |
| Human Rights Curriculum | Commitment, Skills to Defend Human Rights |
| International Criminal Law | Jurisdiction, International Crimes |
| International Organizations | Membership, Structure, Functions |
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What You'll Learn
The Universal Declaration of Human Rights (UDHR)
The UDHR was proclaimed by the United Nations General Assembly in Paris on the 10th of December 1948. Of the 58 members of the United Nations at the time, 48 voted in favour, none against, 8 abstained, and 2 did not vote. The Declaration consists of 30 articles, detailing an individual's "basic rights and fundamental freedoms" and affirming their universal character as inherent, inalienable, and applicable to all human beings. The 30 articles are brought to life in the first-ever animated version of the UDHR, created through a partnership between the United Nations and French digital artist YAK (Yacine Ait Kaci).
The UDHR was drafted by a UN committee chaired by Eleanor Roosevelt of the United States. Roosevelt was instrumental in encouraging the General Assembly's adoption of the UDHR. The final structure of the UDHR was crafted by French jurist René Cassin, who built upon the initial draft prepared by Canadian legal scholar John Peters Humphrey. The UDHR was influenced by the Code Napoléon, including a preamble and introductory general principles.
The UDHR has been translated into over 500 languages and is widely recognised as having inspired the adoption of more than seventy human rights treaties, which are applied today at the global and regional levels. The UDHR, together with the International Covenant on Civil and Political Rights and its two Optional Protocols, and the International Covenant on Economic, Social and Cultural Rights, form the so-called International Bill of Human Rights. The UDHR is not legally binding, but its contents have been elaborated and incorporated into subsequent international treaties, regional human rights instruments, and national constitutions and legal codes.
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Equality and non-discrimination
The principles of equality and non-discrimination are foundational to the rule of law. According to the Declaration of the High-Level Meeting on the Rule of Law, all persons, institutions, and entities, public and private, including the State itself, are accountable to just, fair, and equitable laws. They are entitled to equal protection of the law without any discrimination. This includes discrimination based on race, sex, language, or religion. The international human rights legal framework contains instruments to combat specific forms of discrimination, such as discrimination against indigenous peoples, migrants, minorities, people with disabilities, women, and discrimination based on sexual orientation and gender identity.
The concept of substantive equality, promoted in key human rights treaties, acknowledges that inequality can be structural and discrimination indirect. It emphasizes that equality must be understood in relation to outcomes and opportunities, and that universal protection may require tailored measures to achieve equality in practice. This is in contrast to formal equality, which refers to the adoption of laws and policies that treat everyone equally on the surface, without necessarily addressing inherent disadvantages experienced by certain groups.
Human rights lawyers play a crucial role in advocating for equality and non-discrimination. They work to promote equal economic opportunities, criminal justice reform, racial justice, gender equality, immigrants' rights, and fair housing. Through clinical courses and litigation-oriented projects, law students gain exposure to diverse forms of human rights advocacy, legislative advocacy, and fact-finding regarding human rights violations globally.
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Criminal justice reform
Human rights lawyers play a crucial role in fighting injustice and inequality, advocating for criminal justice reform, racial justice, gender equality, immigrants' rights, and fair housing. They collaborate with civil society and institutions to impact law, policy, and practice, ensuring equal justice, accountability, and the protection of civil rights.
To achieve meaningful criminal justice reform, several key areas require transformation:
- Policing: Reforming policing practices is essential to addressing racial injustice and restoring trust in law enforcement within communities of colour. This includes re-evaluating policies that enable police to detain, search, and interrogate individuals without suspicion of criminal activity.
- Pretrial detention: The overreliance on pretrial detention contributes to mass incarceration. Alternatives to incarceration, such as pretrial risk assessment instruments, have been proposed, but these must be implemented cautiously to avoid perpetuating biases already present in the system.
- Public defense: Failing public defense systems violate the constitutional rights of defendants and lead to unjust outcomes. It is crucial to ensure that all criminal defendants, regardless of their wealth, receive fair treatment within the criminal legal system.
- Sentencing: Draconian sentences, such as mandatory life imprisonment for nonviolent offences, often result in unfair and unnecessary deprivation of liberty. Reform efforts should focus on eliminating incarceration as a penalty for low-level, nonviolent offences, especially those related to mental illness or drug addiction.
- Prison conditions: The impact of incarceration on vulnerable populations, such as children and the mentally ill, cannot be overlooked. Reform should aim to improve prison conditions and provide support and rehabilitation to facilitate successful re-entry into society.
- Racial disparities: There is a pressing need to eliminate racial disparities in arrests, convictions, and sentencing. For example, in the United States, Black individuals are 3.73 times more likely to be arrested for marijuana possession than white individuals, despite similar usage rates.
By addressing these areas through legislative changes, policy revisions, and community engagement, human rights lawyers and advocates can bring about transformative criminal justice reform, ensuring that the legal system upholds the fundamental rights and freedoms of all individuals.
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International human rights law
IHRL lays down obligations that states are bound to respect, protect, and fulfil. The obligation to respect means that states must refrain from interfering with or curtailing the enjoyment of human rights. The obligation to protect requires states to take action to protect individuals and groups against human rights abuses. The obligation to fulfil means that states must take positive action to facilitate the enjoyment of basic human rights.
The foundation of IHRL is the Universal Declaration of Human Rights (UDHR), which was adopted by the United Nations General Assembly on December 10, 1948. The UDHR, for the first time in history, outlined the basic civil, political, economic, social, and cultural rights that all human beings should enjoy. It has since inspired more than 80 international human rights treaties and declarations, as well as numerous regional conventions, domestic bills, and constitutional provisions.
The International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights, which entered into force in 1976, build upon the rights enshrined in the UDHR, making them binding on states that have ratified them. Together, these documents form the International Bill of Human Rights. Over time, international human rights treaties have become more focused and specialized, addressing specific issues and protecting particular social groups.
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Human rights advocacy
Human rights education and awareness-raising are also key aspects of advocacy. Educating communities about their rights and the mechanisms available to defend them can empower individuals to stand up for themselves and others. This may involve using a human rights-based approach to address issues such as trafficking, violence, or lack of access to education.
Overall, human rights advocacy is a diverse and powerful field that requires a commitment to social justice and the defence of fundamental human rights. Through their work, human rights advocates can have a profound impact on individuals, communities, and society as a whole, helping to create a more just and equal world.
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Frequently asked questions
Human Rights Law is a body of international law that spells out the basic civil, political, economic, social and cultural rights that all human beings should enjoy. The Universal Declaration of Human Rights (UDHR), drafted in 1948, was the first legal document to set out these fundamental rights.
Human Rights Lawyers can be powerful advocates for equal economic opportunity, criminal justice reform, racial justice, gender equality, immigrants' rights, and fair housing. They work in a variety of settings, including law firms, chambers, and human rights courts such as the UK Supreme Court or the European Court of Human Rights.
A degree in Human Rights Law will cover a range of topics, including international law, humanitarian law, criminal law, refugee law, and related areas. Some programs may focus on specific regions, such as Europe or Africa. The course structure often includes lectures, seminars, and clinical courses.
Some well-regarded Human Rights Law programs include Oxford's Master's in International Human Rights Law, Notre Dame's LL.M. in International Human Rights Law, and the Master of Laws in International Human Rights Law at Lund University in Sweden.
Human Rights Lawyers can work in law firms, non-governmental organizations (NGOs), advocacy groups, and human rights institutions. Salaries for human rights solicitors can vary based on location and experience, ranging from £20,000 to £120,000 per year.
