Human Rights Law: Who Does It Protect?

Human rights are universal rights that belong to all human beings, regardless of nationality, race, sex, language, religion, or any other status. These rights are inherent and inalienable, and range from civil and political rights, such as freedom of expression, to economic, social, and cultural rights, like the right to education. The modern concept of human rights gained prominence after World War II, with the adoption of the Universal Declaration of Human Rights (UDHR) by the United Nations in 1948. This declaration set a global standard for human dignity, freedom, and justice, and inspired numerous international treaties and national laws to promote and protect these rights. While the principle of universal human rights is widely accepted, debates persist regarding their applicability in different cultural contexts. This introduction sets the stage for exploring the topic of who human rights law applies to, delving into the specific rights enshrined in international law and the mechanisms in place to ensure their universal application.

Human rights law applies to everyone, regardless of nationality, race, sex, religion, etc

Human rights law applies to everyone, regardless of nationality, race, sex, religion, or any other status. This means that all human beings are entitled to the same rights and freedoms, as outlined in the Universal Declaration of Human Rights (UDHR) and other international human rights laws and treaties.

The UDHR, adopted by the United Nations General Assembly in 1948, was the first legal document to set out the fundamental human rights to be universally protected. It states that "all human beings are born free and equal in dignity and rights", and that these rights are inherent to all people, regardless of their nationality, sex, national or ethnic origin, colour, religion, language, or any other status. This principle, known as universality, is a cornerstone of international human rights law and has been reiterated in many international human rights conventions, declarations, and resolutions.

International human rights law imposes obligations on states to respect, protect, and fulfil human rights. This means that states must refrain from interfering with or curtailing the enjoyment of human rights, protect individuals and groups from human rights abuses, and take positive action to facilitate the enjoyment of basic human rights. These obligations are legally binding and are monitored by United Nations committees, national institutions, and independent non-governmental organizations.

The UDHR and other international human rights laws and treaties recognize a broad range of civil, political, economic, social, and cultural rights. These include the right to life, liberty, freedom from slavery and torture, freedom of opinion and expression, the right to work and education, and many more. These rights are considered inherent and inalienable, belonging to every individual simply by virtue of being human.

The modern concept of human rights gained prominence after World War II, particularly in response to the atrocities of the Holocaust. The UDHR has since inspired numerous international treaties, regional agreements, national laws, and constitutional provisions designed to promote and safeguard human rights globally. While debates persist regarding the specific implementation and applicability of human rights in different cultural contexts, they remain a central focus in international relations and legal frameworks.

Human rights law applies to governments and states

The obligation to respect human rights means that states must not violate the rights of their citizens. This includes refraining from actions that directly interfere with human rights, such as censorship or arbitrary detention, as well as ensuring that their laws, policies, and practices are compatible with international human rights standards.

The obligation to protect human rights requires states to take measures to prevent human rights abuses by non-state actors, such as businesses or individuals. This includes enacting and enforcing laws that prohibit human rights abuses, establishing independent human rights institutions, and providing access to effective remedies for victims of human rights violations.

The obligation to fulfil human rights means that states must take positive action to promote and facilitate the realization of human rights. This includes adopting policies, programmes, and measures that actively support the enjoyment of human rights, such as providing access to education, healthcare, and social services, as well as creating an environment that enables individuals and communities to claim their rights and seek redress for violations.

Through ratification of international human rights treaties, governments and states commit to implementing these obligations at the domestic level. This involves incorporating human rights standards into their laws, policies, and practices, as well as ensuring that human rights are respected, protected, and fulfilled within their territory.

When domestic legal proceedings fail to address human rights abuses, individuals can seek redress through mechanisms and procedures for individual complaints available at the regional and international levels. These mechanisms help ensure that international human rights standards are respected, implemented, and enforced at the local level.

Human rights law applies to non-state actors, such as companies and NGOs

Human rights are universal and inherent to all human beings. They are not granted by any state, but rather exist because we do. These rights include the most fundamental right to life and those that make life worth living, such as the rights to food, education, work, health, and liberty. Human rights law applies to all, regardless of nationality, sex, national or ethnic origin, colour, religion, language, or any other status. This means that human rights law applies not only to state actors but also to non-state actors, including companies and NGOs.

Companies have a significant impact on how we live our lives and enjoy our human rights, whether as employees, customers, or simply as people living alongside them in our towns and cities. For example, companies with an online presence must respect people's right to privacy and uphold data protection laws, and all companies must ensure safe working conditions for their staff. The United Nations (UN) Guiding Principles on Business and Human Rights (UNGPs) call upon businesses to make a public commitment to respect human rights, carry out human rights due diligence, and provide a remedy when things go wrong. Human rights due diligence involves a company understanding when, where, and how it could impact human rights and prioritising actions to mitigate these impacts.

NGOs play a crucial role in protecting human rights and preserving the dignity of individual citizens when threatened by state power. They fight individual violations of human rights, offer direct assistance to victims, lobby for legal changes, help develop laws, and promote knowledge of and respect for human rights among the population. There are various types of human rights NGOs, ranging from small pressure groups focused on specific issues to large international organisations with thousands of branches worldwide. Most self-professed "human rights organisations" focus on the protection of civil and political rights, but there are also those working on social and economic rights, countering poverty, violence, racism, health problems, homelessness, and environmental concerns.

In summary, human rights law applies to all, and non-state actors such as companies and NGOs have important roles and responsibilities in upholding these rights. Companies must respect human rights and can face lawsuits and reputational harm if they fail to do so. NGOs are vital tools for individuals and groups worldwide to defend human rights and hold governments accountable for their actions.

Human rights law applies to vulnerable groups, such as women and children

Human rights are universal and inherent to all human beings. They are not granted by any state but are instead rights that we have simply because we exist. These rights include the right to life, liberty, food, education, work, health, and more. While human rights are universal, certain groups, such as women and children, are particularly vulnerable to having their rights violated.

Women's rights are human rights, and they are entitled to the same freedoms and protections as men. This includes the right to live free from violence and discrimination, to enjoy the highest attainable standard of physical and mental health, to be educated, to own property, to vote, and to earn an equal wage. Despite this, women and girls around the world continue to face discrimination and inequality. They are disproportionately affected by issues such as domestic and sexual violence, lower pay, lack of access to education, and inadequate healthcare.

Women's rights movements have made significant strides over the years, campaigning to change laws and demanding that their rights be respected. The Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), adopted in 1979, is a key international treaty addressing gender-based discrimination and providing specific protections for women's rights. Over 180 states have ratified this convention, recognizing the importance of upholding women's rights as human rights.

Children, too, are a vulnerable group with specific rights and protections under international law. The United Nations Convention on the Rights of the Child (UNCRC) defines children as individuals under the age of majority in their country, typically those under 18 years old. The UNCRC outlines several rights and responsibilities, including the right to life, health, education, protection from harm, and participation in society. It is the most widely ratified human rights treaty, with 196 out of 197 UN member states signing on.

Despite the protections offered by the UNCRC, children's rights continue to be violated around the world. They are often at a higher risk of poverty, malnourishment, abuse, and the negative impacts of human rights crises. Many children lack access to education, healthcare, and safe living conditions. They may also face issues such as child labor, sexual exploitation, and child marriage.

Both women and children are vulnerable groups that face unique challenges and obstacles in realizing their human rights. It is important to recognize and address these vulnerabilities to ensure that their rights are protected and upheld.

Human rights law applies to specific regions, such as Europe and Africa

Human rights are inherent to all human beings, regardless of race, sex, nationality, ethnicity, language, religion, or any other status. 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 has been widely accepted as the foundation of all international human rights law.

While the UDHR sets out universal rights, it is important to note that human rights law also operates at the regional level. Regional instruments reflect the particular human rights concerns of specific regions and provide for specific mechanisms of protection. For example, human rights law applies to specific regions such as Europe and Africa.

In Europe, the European Convention on Human Rights (ECHR) is the regional human rights instrument. The ECHR was adopted by the Council of Europe in 1950 and has been ratified by the majority of European states. It establishes the European Court of Human Rights, which hears cases brought by individuals or states alleging violations of the rights protected under the Convention.

In Africa, the African Charter on Human and Peoples' Rights (ACHPR) is the regional human rights instrument. The ACHPR was adopted by the Organization of African Unity (now the African Union) in 1981 and has been ratified by the majority of African states. The ACHPR establishes the African Commission on Human and Peoples' Rights, which is responsible for promoting and protecting human rights in Africa.

These regional human rights instruments build upon the universal rights established by the UDHR and tailor them to the specific needs and contexts of their respective regions. They provide additional mechanisms for the protection and promotion of human rights, ensuring that international human rights standards are respected, implemented, and enforced at the regional level.

Through the adoption of these regional instruments, Europe and Africa have demonstrated their commitment to upholding human rights and ensuring that the rights of their citizens are protected and promoted in accordance with international standards. These regional frameworks complement the universal human rights framework and contribute to the development and strengthening of international human rights law.

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