Keith Mack
Human rights are universal moral principles that establish standards for human behaviour and are protected by national and international laws. The modern concept of human rights gained prominence after World War II, leading to the Universal Declaration of Human Rights (UDHR) by the United Nations in 1948. This declaration outlined fundamental human rights to be universally protected, including civil, political, economic, social, and cultural rights. While the UDHR is not legally binding, it has inspired numerous international treaties and national laws that promote and safeguard human rights globally. These treaties and laws give human rights legal force, making them legal rights.
| Characteristics | Values |
|---|---|
| Universal | Applicable to all humans equally, regardless of nationality, sex, national or ethnic origin, color, religion, language, or any other status |
| Inalienable | Belong to every individual by virtue of being human and cannot be taken away except in specific situations and according to due process |
| Indivisible and interdependent | One set of rights cannot be enjoyed fully without the other |
| Non-discriminatory | Freedom from discrimination ensures equality |
| Both rights and obligations | Individuals are entitled to their human rights and should also respect and stand up for the human rights of others |
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What You'll Learn
The historical development of human rights law
The Ancient Origins of Human Rights
The origins of human rights can be traced back to 539 BC when Cyrus the Great's troops conquered Babylon. Cyrus freed the slaves, established racial equality, and declared that all people had the right to choose their religion. These principles, recorded on the Cyrus Cylinder, inspired the first four articles of the Universal Declaration of Human Rights (UDHR).
The Magna Carta and the Bill of Rights
The Magna Carta, signed in 1215, introduced the concept of the "Rule of Law" and defined rights and liberties for all persons, protecting them from arbitrary prosecution and incarceration. The English Bill of Rights, signed into law in 1689, outlined specific constitutional and civil rights and gave Parliament power over the monarchy.
The French Revolution and the Declaration of the Rights of Man and Citizen
The French Revolution in 1789 was a landmark moment, transforming revolutionary visions into national law. The Declaration of the Rights of Man and Citizen, adopted by France's National Assembly, became one of the basic charters of human liberties, proclaiming that all "men are born and remain free and equal in rights".
The American Declaration of Independence
The American Declaration of Independence in 1776 was another significant step towards recognizing human rights. It emphasized the importance of certain inalienable rights, such as life, liberty, and the pursuit of happiness.
The 19th and Early 20th Centuries
During the 19th and early 20th centuries, efforts were made to prohibit the slave trade and limit the horrors of war. The International Labor Organization (ILO) was established in 1919 to oversee treaties protecting workers' rights, including their health and safety.
The Impact of World War II
World War II served as a catalyst, propelling human rights onto the global stage. The atrocities committed during the war, such as the extermination of millions of Jews, Romani, homosexuals, and persons with disabilities by Nazi Germany, horrified the world.
The United Nations and the UDHR
In the aftermath of World War II, governments committed to establishing the United Nations, with a primary goal of maintaining international peace and preventing future conflicts. On December 10, 1948, the UN General Assembly proclaimed the Universal Declaration of Human Rights, which set out fundamental human rights to be universally protected. The UDHR, drafted by representatives from diverse legal and cultural backgrounds, became the foundation of international human rights law and inspired the adoption of numerous human rights treaties.
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The legal status of human rights law
Human rights are universally recognised moral principles or norms that establish standards of human behaviour and are often protected by both national and international laws. The modern concept of human rights gained prominence after World War II, in response to the Holocaust, leading to the adoption of the Universal Declaration of Human Rights (UDHR) by the United Nations General Assembly in 1948. This document outlined a framework of rights that countries are encouraged to protect, setting a global standard for human dignity, freedom and justice.
The UDHR is widely recognised as the foundation of all international human rights law. Its 30 articles provide the principles and building blocks of current and future human rights conventions, treaties and other legal instruments. 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 was drafted as a "common standard of achievement for all peoples and nations". It was the first time in human history that basic civil, political, economic, social and cultural rights that all human beings should enjoy were spelled out. The UDHR has been widely accepted as the fundamental norms of human rights that everyone should respect and protect.
The international human rights movement was strengthened by the adoption of the UDHR, and a series of international human rights treaties and other instruments adopted since 1945 have conferred legal form on inherent human rights and developed the body of international human rights. Respect for human rights requires the establishment of the rule of law at the national and international levels.
International human rights law lays down obligations that states are bound to respect. 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.
Through the ratification of international human rights treaties, governments undertake to put in place domestic measures and legislation compatible with their treaty obligations and duties. 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 indeed respected, implemented, and enforced at the local level.
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The enforcement of human rights law
At the international level, there is currently no international court that administers international human rights law. However, quasi-judicial bodies exist under some UN treaties, such as the International Criminal Court (ICC) and regional human rights courts like the European Court of Human Rights and the Inter-American Court of Human Rights. These bodies enforce international humanitarian law and have jurisdiction over cases involving genocide, war crimes, and crimes against humanity. The United Nations Human Rights Bodies also have quasi-legal enforcement mechanisms, including Treaty Bodies attached to active treaties and the Human Rights Council complaints procedures.
The enforcement of human rights at the national level varies depending on the country. Most states have adopted constitutions and laws that formally protect basic human rights. Additionally, by becoming parties to international treaties, states assume obligations under international law to respect, protect, and fulfil human rights. This includes refraining from interfering with or curtailing the enjoyment of human rights, protecting individuals and groups from human rights abuses, and taking positive action to facilitate the enjoyment of basic human rights. To ensure compliance with these obligations, governments undertake to put in place domestic measures and legislation that align with their treaty commitments.
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. This helps ensure that international human rights standards are respected, implemented, and enforced at the local level. However, in practice, the enforcement of human rights can be challenging due to factors such as a lack of consensus on the application of certain rights or the absence of relevant national legislation or authorised bodies.
The protection and enforcement of human rights are also supported by non-governmental organisations (NGOs) and UN special agencies such as UNESCO and the International Labour Organisation (ILO), which have developed their own systems of supervision. Additionally, the rule of law must be established at both the national and international levels to ensure respect for human rights.
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The limitations of human rights law
Human rights are liberties inherent to all human beings, and they are universal and inalienable. However, human rights laws do have limitations, and these are essential to maintaining and protecting the interests of society as a whole.
Firstly, it is important to note that not all human rights principles are treated equally. Some rights are considered absolute, such as the prohibitions on torture, slavery, and retroactive criminal laws. These rights cannot be restricted or balanced against other aims. Most rights, however, are non-absolute, and states can limit their exercise for valid reasons, provided certain conditions are met.
The limitations on non-absolute rights can be explicit or implicit. For example, the right to freedom of expression is often limited by national security or public order concerns. The right to freedom of assembly is another example of a non-absolute right that can be restricted for reasons of public safety. These limitations are usually based on the method, time, place, and manner of assembly.
In addition, human rights laws can be derogated in times of public emergency. This means that in exceptional circumstances, governments may temporarily suspend certain rights to protect national security, public order, or general welfare. During such times, limitations on rights must still respect the principles of legality, necessity, and proportionality.
The concept of proportionality is a key principle governing the limitations of human rights. This principle ensures that any restriction on a human right is appropriate and does not disproportionately infringe upon the rights of the individual. When applying this principle, criteria such as the nature and scope of the right, the necessity and proportionality of the measure, and the availability of less restrictive alternatives should be considered.
In conclusion, while human rights are fundamental and universal, they are not absolute. Limitations are necessary to balance individual rights with the collective interests of society. These limitations are influenced by various factors and must adhere to certain principles, such as legality, necessity, and proportionality, to be considered lawful and justifiable.
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The universality of human rights law
The Universal Declaration of Human Rights (UDHR) was adopted by the UN General Assembly in 1948 and was the first legal document to set out the fundamental human rights to be universally protected. The UDHR is widely recognised as having inspired and paved the way for the adoption of more than seventy human rights treaties, applied today on a permanent basis at global and regional levels.
The principle of universality of human rights is the cornerstone of international human rights law. This means that we are all equally entitled to our human rights. This principle, as first emphasised in the UDHR, is repeated in many international human rights conventions, declarations, and resolutions. Human rights are universal because everyone is born with and possesses the same rights, regardless of where they live, their gender or race, or their religious, cultural, or ethnic background.
Human rights are inalienable. They should not be taken away, except in specific situations and according to due process. For example, the right to liberty may be restricted if a person is found guilty of a crime by a court of law.
All human rights are indivisible and interdependent. This means that one set of rights cannot be enjoyed fully without the other. For example, making progress in civil and political rights makes it easier to exercise economic, social, and cultural rights. Similarly, violating economic, social, and cultural rights can negatively affect many other rights. Denial of one right invariably impedes the enjoyment of other rights. Thus, the right of everyone to an adequate standard of living cannot be compromised at the expense of other rights, such as the right to health or the right to education.
Cultural rights are a vital component of universality, and universality is essential to defend the foundations of cultural rights: the flourishing of cultural diversity, cultural mixing and openness, and the right of everyone to take part in a dynamic cultural life without discrimination.
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Frequently asked questions
Human rights are universal moral principles or norms that establish standards of human behaviour and are often protected by national and international laws. These rights are considered inherent and inalienable, meaning they belong to every individual simply by virtue of being human, regardless of characteristics like nationality, ethnicity, religion, or socio-economic status.
Natural rights are "natural" in the sense that they are not artificial or man-made. They are universal and apply to all people, deriving from human nature or the edicts of a god. Legal rights, on the other hand, are based on a society's customs, laws, statutes, or actions by legislatures. For example, the right to vote is a legal right based on the laws of a particular country.
Human rights become legal rights when they are enshrined in constitutions, laws, and treaties. The Universal Declaration of Human Rights (UDHR), adopted by the UN in 1948, was the first legal document to outline fundamental human rights that should be universally protected. This document has since been translated into over 500 languages and inspired numerous international treaties and national laws designed to promote and protect human rights globally.
