International Law's Role In Protecting Human Rights

International Human Rights Law (IHRL) is a body of international law that promotes human rights on social, regional, and domestic levels. It is primarily made up of treaties and agreements between sovereign states, which are intended to be legally binding. The Universal Declaration of Human Rights (UDHR) is a foundational document in the history of human rights, proclaimed by the United Nations General Assembly in Paris on 10 December 1948. The UDHR sets out fundamental human rights that are to be universally protected and has inspired over 70 human rights treaties. International human rights law places obligations on states to respect, protect, and fulfil human rights. This means that states must refrain from interfering with human rights, protect individuals and groups from human rights abuses, and take positive action to facilitate the enjoyment of basic human rights.

International human rights law and the Universal Declaration of Human Rights

International human rights law is a body of international law designed to promote human rights on social, regional, and domestic levels. It is primarily made up of treaties, or agreements between sovereign states intended to have binding legal effects. The Universal Declaration of Human Rights (UDHR) is a foundational text in the history of human and civil rights. It is a milestone document that acts as a global roadmap for freedom and equality, protecting the rights of every individual, everywhere.

The UDHR was adopted by the United Nations General Assembly on 10 December 1948. It 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 Declaration was drafted by representatives from a wide variety of countries, including the USA, Lebanon, China, Australia, Chile, France, the Soviet Union, and the United Kingdom. The drafting committee was chaired by Eleanor Roosevelt, and the final structure of the Declaration was created by French jurist René Cassin.

The UDHR was the first time in history that basic civil, political, economic, social, and cultural rights that all human beings should enjoy were spelled out. It has been widely accepted as the fundamental norms of human rights that everyone should respect and protect. The Declaration outlines rights such as the right to life, liberty, and privacy, freedom from slavery and torture, freedom of expression, the right to education, and the right to seek asylum. It also includes economic, social, and cultural rights, such as the rights to social security, health, and adequate housing.

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. All 193 member states of the United Nations have ratified at least one of the nine binding treaties influenced by the Declaration, and the vast majority have ratified four or more. The UDHR has influenced legal, political, and social developments on both the global and national levels, and has been translated into over 500 languages.

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.

Treaties, agreements and customary international law

International human rights law (IHRL) is a body of international law that promotes human rights on social, regional, and domestic levels. It is primarily made up of treaties and agreements between sovereign states, which are intended to be legally binding on the parties that have agreed to them. These treaties and agreements are complemented by customary international law and other non-binding instruments, such as declarations, guidelines, and principles, which contribute to the understanding, implementation, and development of IHRL.

Treaties, agreements, and customary international law

Treaties and agreements are the primary sources of IHRL. The United Nations (UN) plays a crucial role in this regard, with its General Assembly adopting the Universal Declaration of Human Rights (UDHR) in 1948. The UDHR, drafted by representatives from diverse legal and cultural backgrounds worldwide, sets out fundamental human rights that are to be universally protected. It has been translated into over 500 languages and is widely recognised as the foundation of international human rights law. The UDHR has inspired more than 70 human rights treaties and declarations, as well as numerous regional conventions, domestic bills, and constitutional provisions.

Building upon the UDHR, the UN adopted two wide-ranging Covenants in 1966, which form part of the International Bill of Human Rights: the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights. These Covenants, along with their respective Optional Protocols, further elaborate on the rights enshrined in the UDHR and make them binding on the States that have ratified them.

In addition to these Covenants, numerous other treaties have been adopted at the international level, often referred to as human rights instruments. These include:

• The Convention on the Prevention and Punishment of the Crime of Genocide (CPCG)
• The Convention Relating to the Status of Refugees (CSR)
• The Convention on the Elimination of All Forms of Racial Discrimination (CERD)
• The Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW)
• The United Nations Convention Against Torture (CAT)
• The Convention on the Rights of the Child (CRC)
• The International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (ICRMW)
• The Convention on the Rights of Persons with Disabilities (CRPD)
• The International Convention for the Protection of All Persons from Enforced Disappearance (ICPPED)

At the regional level, three key human rights instruments have been established: the African Charter on Human and Peoples' Rights, the American Convention on Human Rights, and the European Convention on Human Rights. These regional instruments supplement and complement international human rights law by addressing specific regional concerns and providing mechanisms for protection.

Customary international law also plays a significant role in IHRL. While not as formalised as treaties or agreements, it refers to the general and consistent practices of states that are widely accepted as law. The UDHR itself is often cited as evidence of customary international law.

Through these treaties, agreements, and customary international law, IHRL establishes obligations for states to respect, protect, and fulfil human rights. This means that states must refrain from interfering with human rights, actively protect individuals and groups from abuses, and take positive action to facilitate the enjoyment of basic human rights.

International humanitarian law and international human rights law

International humanitarian law (IHL) and international human rights law (IHRL) are two distinct but complementary bodies of law. They are both concerned with the protection of life, health, and dignity. While IHRL applies at all times, in peace and in war, IHL applies in armed conflict.

IHRL is primarily made up of treaties and agreements between sovereign states intended to have binding legal effects. It also includes customary international law. Treaties and agreements are made between states to have binding legal effects. Other international human rights instruments, while not legally binding, contribute to the implementation, understanding, and development of IHRL. IHRL governs the conduct of a state towards its people in peacetime.

IHL, on the other hand, is based on the Geneva Conventions and their Additional Protocols, the Hague Conventions, and a series of treaties governing the means and methods of warfare. It deals with the conduct of states and non-state armed groups during conflict. While IHL applies exclusively in armed conflict, IHRL applies at all times, in peacetime and during armed conflict.

In terms of the scope of application, IHL aims to protect civilians and combatants who are not or are no longer taking part in hostilities, such as the wounded, sick, shipwrecked, or prisoners of war. IHRL, developed primarily for peacetime, applies to all persons within the jurisdiction of a state. It does not distinguish between combatants and civilians.

Both bodies of law share common substantive rules, such as the prohibition of torture. However, they also contain very different provisions. IHL, for example, addresses issues such as the status of 'combatants' and 'prisoners of war', while IHRL deals with aspects of freedom of the press, the right to assembly, and the right to vote.

In terms of the parties bound by IHL and IHRL, IHL binds all parties to an armed conflict, establishing an equality of rights and obligations between the state and the non-state side. IHRL, on the other hand, explicitly governs the relationship between a state and persons who are on its territory and/or subject to its jurisdiction, laying out the obligations of states towards individuals.

While IHL and IHRL have developed separately, some human rights treaties include provisions that originate from IHL, such as the Convention on the Rights of the Child and its Optional Protocol on the involvement of children in armed conflict. Both bodies of law are complementary and share some of the same aims, striving to protect the lives, health, and dignity of individuals.

Regional systems of international human rights law

Regional human rights systems are made up of regional instruments and mechanisms that play a crucial role in promoting and protecting human rights. These systems are established by regional intergovernmental organisations to protect human rights within their respective geographic regions. Regional human rights instruments, such as treaties, conventions, and declarations, help to localise international human rights norms and standards, reflecting the specific human rights concerns of each region. Regional human rights mechanisms, such as commissions, special rapporteurs, and courts, then facilitate the implementation of these instruments on the ground.

The three most well-established regional human rights systems are found in Europe, the Americas, and Africa. Each of these systems has its own unique characteristics and mechanisms for protecting human rights.

The European System

The European system of human rights protection is extensive and involves several intergovernmental organisations, including the Council of Europe, the European Union, and the Organisation for Security and Cooperation in Europe. The Council of Europe, founded in 1949, is the oldest organisation working for European integration and has been instrumental in establishing key human rights instruments such as the European Convention on Human Rights, the European Social Charter, and the European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment. The corresponding mechanisms for these instruments include the European Court of Human Rights, the European Committee of Social Rights, and the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment. The European Court of Human Rights, located in Strasbourg, has jurisdiction over member states that have accepted its optional jurisdiction, and it accepts applications from individuals, states, and non-governmental organisations claiming violations of the rights set forth in the Convention or its Protocols.

The Inter-American System

The Inter-American system for the protection of human rights operates within the Organisation of American States (OAS), an intergovernmental organisation comprising 35 independent nation-states of the Americas. This system features a declaration of principles, the American Declaration on the Rights and Duties of Man (1948), a legally binding treaty, the American Convention on Human Rights (1969), and implementation mechanisms such as the Inter-American Commission on Human Rights and the Inter-American Court of Human Rights. The Inter-American Commission, based in Washington, DC, is composed of seven independent members and is responsible for promoting and protecting human rights in the American hemisphere. It receives individual petitions, monitors the human rights situation in member states, and addresses priority thematic issues. The Inter-American Court of Human Rights, based in San Jose, Costa Rica, hears cases submitted by the Commission or a State Party to the Convention and determines whether a violation has occurred. The sentence is binding and cannot be appealed.

The African System

The African regional human rights system has been established within the African Union, a supranational union consisting of 55 African countries. The main instrument in this system is the African Charter on Human and Peoples' Rights (1981), which entered into force in 1986. The African Commission on Human and Peoples' Rights, located in Banjul, Gambia, is a quasi-judicial body composed of eleven independent experts tasked with promoting and protecting human rights and collective rights throughout the African continent. The Commission receives periodic reports from States Parties on the implementation of the Charter's provisions and interprets the African Charter, considering individual complaints of violations. The African Court on Human and Peoples' Rights was established in 2004 and has jurisdiction over cases and disputes submitted to it concerning the interpretation and application of the African Charter, the Protocol, and other relevant human rights instruments ratified by the states concerned.

Enforcement of international human rights law

International human rights law (IHRL) is a body of international law that promotes human rights at the social, regional, and domestic levels. It is primarily made up of treaties—binding agreements between sovereign states—and customary international law. The enforcement of IHRL is the responsibility of individual nation states, which are obliged to respect, protect, and fulfil human rights.

Treaties and Customary International Law

Treaties and agreements between states are intended to have a binding legal effect between the agreeing parties. Treaties are the primary component of IHRL and are supported by customary international law.

Obligations of Nation States

By becoming parties to international treaties, states assume obligations and duties under international law to respect, protect, and fulfil human rights. 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 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.

Domestic Measures and Legislation

Through the ratification of international human rights treaties, governments undertake to implement domestic measures and legislation compatible with their treaty obligations. Where domestic legal proceedings fail to address human rights abuses, mechanisms and procedures for individual complaints or communications are available at the regional and international levels to help ensure that international human rights standards are respected, implemented, and enforced at the local level.

United Nations Human Rights Bodies and Mechanisms

The United Nations has established mechanisms to promote and protect human rights and to assist states in carrying out their responsibilities. The UN Human Rights Council, established in 2006, is the key intergovernmental body responsible for human rights within the UN system. The Council is made up of 47 state representatives and is tasked with strengthening the promotion and protection of human rights by addressing situations of human rights violations and making recommendations. The Council's Universal Periodic Review (UPR) is a unique mechanism that involves a cooperative, state-driven review of the human rights records of all 193 UN member states once every four years.

In addition to the Human Rights Council, the UN has established other human rights bodies with quasi-legal enforcement mechanisms, including treaty bodies attached to active treaties and the UN Special Rapporteur.

National Human Rights Institutions (NHRIs)

In over 110 countries, NHRIs have been established to protect, promote, or monitor human rights within a given country. The number and effectiveness of these institutions are increasing, and they play an important role in the enforcement of human rights at the national level.

Law Enforcement

Law enforcement officials are responsible for upholding human rights and maintaining human dignity in the performance of their duties. They are the most visible and largest contingent of guardians of civil and human rights, and effective leadership within law enforcement recognises the ethical and legal imperatives necessary to protect the civil rights of all individuals in their communities.

Education and Training

Education and training are important tools for ensuring a positive relationship between human rights and law enforcement. The Vienna Declaration and Programme of Action states that education is essential to ensuring that law enforcement officials know they are enforcing human rights and dispelling the mentality of "bending the rules" to uphold the law.

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