Chapter One

Introduction to Human Rights Law

Nature and Definition of Human Rights

Human Rights Are A Special Sort of Inalienable Moral Entitlement. They Attach to All Persons
Equally, By Virtue of Their Humanity, Irrespective of Race, Nationality, Or Membership of Any
Particular Social Group.
The Term Came Into Wide Use After World War II, Replacing The Earlier Phrase "Natural
Rights," Which Had Been Associated With The Greco-Roman Concept Of Natural Law Since The
End Of The Middle Ages.

The Concept Of Human Rights Is Based On The Belief That Every Human Being Is Entitled To
Enjoy Her/His Rights Without Discrimination. Human Rights Differ From Other Rights In Two
Respects.
Characteristics Of Human Rights
 Inherent In All Human Beings By Virtue Of Their Humanity
 Inalienable (Within Qualified Legal Boundaries); And
 Equally Applicable To All.
Classification of Human Rights
The term ‘human rights’, is used to denote a broad spectrum of rights ranging from the right to
life to the right to a cultural identity. They involve all elementary preconditions for a dignified
human existence. These rights can be ordered and specified in different ways.
Classic And Social Rights
One classification used is the division between ‘classic’ and ‘social’ rights. ‘ Classic’ rights are
often seen to require the non-intervention of the state (negative obligation), and ‘social rights’
as requiring active intervention on the part of the state.

Classic Rights
Civil Rights Political Rights
1. Right to live 1. Right to vote
2. Right to liberty 2. Right to be voted
3. Right to security 3. Freedom of expression
4. 4. Freedom of association

Hp
 Social And Economic Rights

Social rights Economic rights

1. Right to housing 1. Right to property
2. Right to shelter 2. Right work
3. Right to health 3. Right to good wages
4. Right to clean water 4. Right to pension
5. Right to food
6. Right to education

Other Classifications

Freedoms
 Freedom of speech and expression;
 Freedom of belief (the right of every person to worship God in his own way);
 Freedom from want (economic understandings which will secure to every nation a
healthy peace-time life for its inhabitants); and
 Freedom from fear (world-wide reduction of armaments to such a point and in such a
thorough fashion that no nation would be able to commit an act of physical aggression
against any neighbour).
Divisions Of Human Rights
1. First generation are related to liberty and refer fundamentally to civil and political rights.
2. Second generation are related to equality, including economic, social and cultural rights.
3. Third generation or ‘solidarity rights’ cover group and collective rights, which include, the
right to development, the right to peace and the right to a clean environment.
Sources of Human Rights Law
1. International conventions, whether general or particular;
2. International custom, as evidence of general practice accepted as law;
3. The general principles of law recognised by civilised nations;
4. Subsidiary means for the determination of rules of law such as judicial
decisions and teachings of the most highly qualified publicists.

Hp
 Chapter Two
Human Rights Systems
The Universal System: The UN system
The legal framework
A. UN charter
The UN charter was adapted on 26 June 1945, the united nations charter was designed to
establish the foundations of new peaceful word order. Drawing lessons from the appalling
(awful) atrocities of the second war world.
Aims and purpose of the UN charter
1. To save succeeding generation from the scourge of war
2. To ensure the maintenance of international peace and security.
3. A respect for human rights and freedoms.
UNDHR (Universal declaration of human rights)
It is an international document adopted by the United Nations General Assembly that protects
the rights and freedoms of all human beings.
1. It is the first part of the international bill of rights
2. UDHR consists 30 articles
3. The task of preparing a declaration was given to the commission on human rights which
started its work 1947 and established for that purpose.
4. The UDHR was adapted and declared on 10 Dec 1948

B. The international convention on civil and political rights (ICCPR)

After the adoption of the Universal declaration the commission on human rights prepared on
the second part of bill of human rights.

Hp
The international bill of rights is regarded as consisting of the universal declaration of human
rights, international covenant civil and political rights and international covenant on social,
economic and cultural rights.
1. The ICPPR contains 53 articles of first 27 articles are of a normative character while the
remaining articles are procedural.
2. This covenant was adapted 1966.
3. The convention States civil and political rights

Civil rights Political rights

Right to live Freedom of expression
Right to liberty Freedom of association
Right to security Right to participate in politics in a country

C. International convention on economic social and cultural rights

1. This convention consists of 31 articles. Of which the first 15 articles are normative
character and the other 16 articles are procedural.
2. The convention was adapted at the same day with the ICCPR in 1966.
3. Its normative articles set out many of the fundamentals for the well-being and prosperity
of an individual.

This convention states

Social rights Economic rights Cultural rights

Right to shelter Right to property Right to sing
Right to housing Right to work Right to poetry
Right food Right to good wage Right to rhyme
Right to water Right to pension Not limited

D. International convention on the elimination of all forms of racial discrimination (CERD)

1. This convention was adapted 1969.
2. The convention consists 25 articles the first seven article are of a normative character.
3. the Convention sets out a number of detailed prohibitions and obligations to prevent
discrimination based on the grounds of race, color, descent, or national or ethnic origin.

Hp
4. States are under an obligation to criminalize dissemination of ideas based on racial
superiority and hatred and participation in racial organizations or activities.
5. The committee established under the treaty reminded states that its undertaking was not
only an obligation to enact certain criminal laws but also to ensure that the laws are
effectively enforced.
6. A Committee on the Elimination of Racial Discrimination (CERD), consisting of 18
independent experts created by the states parties after being nominated by such state’s
parties, examines and comments on reports submitted by the parties.
7. Such report has to be submitted initially one year after the convention centers in to force
for a state and thereafter every two years.
E. The Convention on the Elimination of Discrimination against Women
1. The Convention was adopted by the General Assembly in 1979, which is entered into
force in 1981, and has as of January 2001 165 states parties.
2. Equal rights of women and men are a basic principle of law embodied in the charter of
the United Nations and in numerous human rights instruments in the preamble and in
the provisions dealing with non-discrimination.
3. This principle is proclaimed in the Universal Declaration as well as in the two covenants
(Articles 1 and 2 of the Universal Declaration and in both covenants, but in different
paragraphs).
4. states parties specifically undertake to ensure the equal right of men and women to the
enjoyment of all rights set forth in each covenant (Article 3 of both covenants).
5. The creation of a special functional commission, the Commission on the Status of
Women and a number of legal instruments relating to the enjoyment of women of
human rights has been decided upon.
6. Such conventions have also been concluded within the framework of the International
Labor Organization (ILO), governing discrimination in employment, equal remuneration,
protection from hazardous work and maternity protection.
7. This was a reaction based on a growing concern that additional means for promoting
and protecting equal enjoyment of human rights by women is necessary.

Hp
 8. The Convention establishes a Committee on the Elimination of Discrimination Against
Women consisting of 23 members nominated and elected by states parties but serving
in their personal capacity.
9. The issues of gender-based violence are not specifically addressed in the convention.

F. The Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment
1. the eradication of torture has long been a goal proclaimed by the international
community; torture is still practiced in many states.
2. A number of human rights experts and nongovernmental organizations actively
campaign so that governments give priority to this problem.
3. Today, all states agree publicly that torture is an example of human rights violation
which can never be accepted. Yet, the reports of Amnesty, Human Rights Watch and
other human rights organizations bear ample evidence that the factual situation in
police stations, prisons and military establishments in very different from the
commitment undertaken by governments in this respect.
4. Much too often, acts of torture are committed with compete(participate) for the
torturers.
5. Torture is consistently outlawed (illegal) in international law.
6. The Universal Declaration states in Article 5 that” no one shall be subjected to torture or
cruel (painful), inhumane or degrading treatment or punishment?
7. In 1949, the four General Conventions included a prohibition against “Cruel treatment
and torture” as well as “outrages upon personal dignity, in particular humiliating and
degrading treatment” in their common article

Hp
 8. On 10 December, 1984, another major step was taken when the General Assembly
adopted the Convention Against Torture on Other Cruel, Inhuman or Degrading
Treatment or Punishment, which entered into force in 1987.
9. The Convention provides for a definition of torture in its first article, which includes
intentional acts for certain enumerated reasons which causes severe pain or suffering of
physical or mental nature for a person.
10. The Convention establishes a committee Against Torture, consisting of ten members,
nominated and elected by states parties but serving in their personal capacity (Article 2
of the Convention Against Torture).

G. The Convention of the Right of the Child

1. The welfare and rights of children have been a subject which the United Nations has
dealt with since its creation.
2. Already the League of Nations had promoted the idea of granting special protection to
the rights of the child through the adoption in 1924 of a Declaration on the Rights of the
Child.
3. One of the first decisions of the General Assembly in 1946 was to create the United
Nations Fund for Children (UNICEF), an organization which during a first phase dealt
primarily with assistance to children affected by emergencies.
4. In 1953 it was made a permanent body and its mandate expanded to cover
development issues and the welfare of children in a more general sense. Now a day,
UNICEF regards the promotion and protection of the rights.
5. The Universal Declaration of Human Rights, adapted in 1948, recognized in article 25
that “childhood is entitled to special care and assistance” and that “all children, whether
born in or out of wedlock, shall enjoy the same social protection.
6. In 1959, the United Nations adopted a Declaration on the Rights of the Child, where the
rights from the old 1924 Declaration were reaffirmed and further elaborated.

Hp
 7. The need to give the force of legally binding obligations to children’s rights also became
more evident, and in 1979- the International Year of the Child- the Commission on
Human Rights Started its work on the drafting of a convention. The drafting process took
ten years.
8. The Convention was adopted by the General Assembly in 1989, and entered into force
in 1990. The Convention on the Rights of the Child is the first specific Human Rights
treaty that has achieved an almost Universal adherence.
9. As of January 2001, it has 190 states parties and only the United States and Somalia
have failed to accede to the Convention.
10. The Convention consists of 54 articles, of which the first 42 are of a normative character.
11. The Convention is all encompassing and sets up a holistic (full) approach where civil,
political, economic, social and cultural rights are included, all being of importance for
safeguarding the dignity of the child and a harmonious development of his personality.
12. A child is defined as “every human being below the age of eighteen years.
13. The Convention establishes a Committee on the Rights of the Child, originally composed
of 10 members, but which the states parties in 1995, decided should be enlarged to 18
members.
14. As of January 2001, the amendment had not entered into force and the number of
expert members remains ten.
15. The members of the committee are nominated and elected by states, but serve in their
personal capacity and those covenants of other international instruments.

Four general principles have guided the authors of the Convention, and later been highlighted
by the committee on the Rights in the General Guidelines as the core message of the
Convention.

A. Firstly, the principle of the full and equal value of children and that each child shall
enjoy the rights set out in the convention without discrimination (Article 2 and 4 of the
Convention.)

Hp
 B. Secondly, the principle that in all actions concerning children the best interest of the
child shall be the primarily consideration (Article 3 of the Convention).
C. Thirdly, the principle of the right to life does not only entail the right to be protected
against being killed but a right to survival and development (Article 6 of the
Convention).
D. Fourthly, the principle that children, who are capable of forming their own views, shall
also have the right to participate and express their views, which shall be duly respected
(Article 12 of the Convention).

Reservation And Declaration

Reservation allows the state to be a party to the treaty, while excluding or altering the legal
effect of that specific provision in the treaty to which it objects.

Reservations are statements that purport to modify a state’s obligation under a ratified treaty.
They allow states to adjust particular obligations.

Reservation is a statement made by a state which it purports to exclude or alter the legal effect
of certain provision of a treaty in their application to the state.

When the States Cannot Make A Reservation

1. The reservation prohibited by law

2. The treaty provides the only specified reservations
3. The reservation is incompatible with the object and purpose of the treaty

Declaration

is UN usage being a statement recognizing a universality valid principle.

Convention is agreement whereby countries agree to bind themselves under international law
to conform to its provisions.

Hp
Interpretative declaration is means uniliteral statement phrased or named, made by a state or
international organization, where by that state or that organization purports to specify or clarify
the meaning or scope of a treaty or of certain of its provisions.

Differences between reservation and interpretative declaration

If declaration purports to modify the treaty it is a reservation and if it purports to clarify the
interpretation of the treaty, it is an interpretative declaration.

Restrictions and derogation

Conventions and other instruments may contain a number of restrictions or limitations to the
rights they stipulate, so there must be a proportionate relationship between the restriction of
the rights as such and the reason for limitation or restriction.

When a right is subject to limitation, no other limitations are permitted and must comply
with the following minimum requirement;

1. The limitation must not be interpreted so as to jeopardize the essence of the right
concerned
2. The limitation must be interpreted strictly in the light and context of the particular right
3. The limitation must be prescribed by law.
4. The restriction must be based on law
5. The restriction must be necessary there must be pressing social need.
6. The restriction must be justified by the protection of public interest, like, national
security, public safety, public order, health or morals and the protection of rights and
freedoms of others.
Derogation

The term derogation is used to refer generally to the suspension or suppression of a law under
particular circumstances. In international human rights law, certain major treaties contain
derogation clauses which allow state to suspend or restrict the exercise of certain treaty rights
in emergency situations.

Hp
 When derogation measures are allowed must to meet these several criteria

1. The must be a war or general state of emergency threatening the life of the nation
2. The state of emergency must be officially proclaimed
3. Measures may not go beyond the extent strictly required by the situation
4. Measures may not be inconsistent with other obligations under international law.
5. Measures may not be discriminatory solely grounds of race, colour, sex, language, religion
or social origin.

Institutions And Procedures

There are two types of supervisory mechanisms (institution)

1. Treaty based mechanism: presented in legally binding human rights instruments or

conventions with in the UN framework these mechanisms are often called treaty bodies
2. Non treaty based mechanism: supervisory mechanisms not based on legally binding
human rights treaty obligations, generally this type of mechanism is based on the
constitution or charter of intergovernmental human rights forum.

Treaty based mechanisms

1. The six most well-known human rights treaties are the two Covenants (ICESCR and ICCPR),
CERD, CEDAW, CAT and CRC..
2. Each of these conventions has a supervisory body. These bodies consist of a number of
experts of a high moral character and recognised competence in the field of human rights.
They act in their personal capacity, which means that although they are normally nationals
of a state party to the treaty in question, they are not acting under instructions from
respective governments.
The various supervisory procedures established in human rights treaties can be divided into
four main groups:
 Reporting procedures
 Inter-state complaint procedure
 Individual complaint procedure

Hp
  Inquiries and other procedures

Reporting procedures

1. Most human rights treaties include a system of periodic reporting. States parties to them
are obliged to report periodically to a supervisory body on the implementation at the
domestic level of the treaty in question.
2. The report is analysed by the relevant supervisory body, which comments on the report
and may request the state concerned to furnish more information.
3. In general, reporting procedures under the different treaty-based mechanisms are meant
to facilitate and initiate a ‘dialogue’ between the supervisory body and the State Party.
4. The quality of the reports submitted by states varies. Some reports are reliable and reflect
serious efforts to comply with the reporting requirements, while others are lacking in
credibility. In any case, the reports generally reflect the view of the respective state.
5. In addition to the government report, the treaty bodies receive information on a
country’s human rights situation from other sources, including non-governmental
organisations, UN agencies, other intergovernmental organisations, academic institutions,
and the press.

All Un Human Rights Conventions Contain A Reporting Procedure: Article 16 Of ICESCR, Article
40 Of ICCPR, Article 9 Of CERD, Article 19 CAT, Article 44 Of CRC, Article 18 Of CEDAW.
Inter-state-complaint procedure
Some human rights instruments allow states parties to initiate a procedure against another
state party, which is considered not to be fulfilling its obligations under the instrument. In most
cases, such a complaint may only be submitted if both the claimant and the defendant state
have recognised the competence of the supervisory body to receive this type of complaint.
Individual complaint procedure

Hp
It seems reasonable that individuals, on whose behalf human rights were stipulated in the first
place, should be enabled to initiate proceedings to protect their rights. Such a procedure,
whereby an individual holds a government directly accountable before an international
supervisory body aims to afford far-reaching protection to the individual. In order for an
individual to bring a case/communication/petition under a human rights convention, the
following requirements have to be met:
1. the alleged violating state must have ratified the convention invoked (calling) by the
individual;
2. the rights allegedly violated must be covered by the convention concerned; and
3. proceedings before the relevant body may only be initiated after all domestic remedies
have been exhausted.

Inquiries and other procedures

The group of supervisory mechanisms now discussed includes all procedures that do not fall
under those mentioned above. Most involve inquiries, but others may entail initiatives aimed at
preventing violations or promoting compliance with specific human rights. The supervisory
bodies discussed above play a rather passive role as they generally cannot initiate proceedings,
and are largely dependent on information submitted by governments, or individual plaintiffs or
petitioners.
One example of a visit-programme - an enquiry – and in loco visits procedure - is that set out in
Articles 126 and 132 of the Third Geneva Convention (1949), and the provision in Article 143 of
the Fourth Geneva Convention providing for on-site visits to places of internment or
detention. Mention should also be made of the International Fact-Finding Commission
established under Article 90 of Protocol I to the Geneva Conventions.

Non-treaty Based (Charter Based) Mechanisms

A. International Court of Justice (ICJ)
1. The International Court of Justice is the principal judicial organ of the United Nations.

Hp
 2. Its statute is an integral part of the charter of the United Nations and, consequently, all
member states of the United Nations are ipso facto parties to the statue of the court.
3. Only states may be parties in cases before the courts and the jurisdiction of the court will
include all cases which the parties refer to it.
4. the jurisdiction of the court in all legal disputes concerning: (a) the interpretation of a
treaty; (b)any fact which, if established, would constitute a breach of an international
obligation; and (d) the nature or extent of the reparation to be made for the breach of an
international obligation.
5. The General Assembly or the Security Council may request the court to give an advisory
opinion on any legal question – other organs of the United Nations and specialized
agencies, which may at any time be so authorized by the General Assembly,
6. may also request advisory opinions of the court on legal questions arising within the
scope of their activities.
7. A number of human rights instruments contain provisions where by any dispute between
the contracting states relating to the interpretation, application or fulfillment of the
instrument may be submitted to the Court at the request of any of the parties to the
dispute. However, neither the ICCPR nor the ICESCR specifically provides for adjudication
by the court.
B. Security Council
1. Under the charter of the United Nations member states have discussed on the Security
Council primary responsibility for the maintenance of international peace and security
and have agreed that in carrying out its duties under this responsibility the Security
Council acts on their behalf.
2. The Security Council may investigate any dispute, or any situation which might leads to
international friction or give rise to a dispute, in order to determine whether the
continuance of the dispute or situation is likely to endanger the maintenance of
international peace and security.
3. Any member of the United Nations may bring such dispute to the attention of the
Security Council.

Hp
 4. When the Security Council determines the existence of any threat to the peace, breach
of peace, or act of aggression, it may make recommendations, or decide what measures
shall be taken to maintain or restore international peace and security measures which
the security council may initially take include complete or partial interruption of
economic relations and of rail, sea, air postal, telegraphic, radio, and other means of
communication, and the severance of diplomatic relations.
5. If such measures would be, or prove to be, inadequate, it may take such action by air,
sea, or land forces as may be necessary to maintain or restore international peace and
security.
C. United Nations General Assembly
One of the functions of the United Nations General Assembly is to initiate studies and make
recommendations for the purpose of ‘assisting in the realization of human rights and
fundamental freedoms for all without distinction as to race, languages or religion.

Such matters are usually referred by the General Assembly to its Third Committee which deals
with social, humanitarian and cultural matters.

The General Assembly has established a number of subsidiary organs which are concerned
with human rights. These include;

(a) The International Law Commission; whose object is the promotion of the progressive
development of international law and its codification. Among the international human
rights instruments, it has prepared are the Genocide Convention, the Refugees
Convention, the Conventions Relating to the Status of Stateless Persons and the
Reduction of Statelessness, the Declaration on Territorial Asylum, and the Statute of the
Office of the United Nations High Commissioner for Refugees.
(b) The Office of the United Nations High Commissioner for Refugees, which provides
protection and assistance for refugees and other displaced persons.
(c) The Special Committee on Declaration, or the ‘Committee 24’, whose principal function
is to monitor the implementation of the Declaration on the Granting Independence to
Colonial Countries and Peoples.

Hp
 (d) Committee On The Exercise Of The Inalienable Rights Of The Palestinian People, Which
Was Required To Consider And Recommended To The General Assembly A Programme
Of Implementation Designed To Enable The Palestinian People To Exercise ‘Its
Inalienable Rights In Palestine; Including The Right To Self-Determination And The Right
To Return To Their Homes And Property From Which They Had Been Displaced And
Uprooted.
D. Economic and Social Council
1. The Economic and Social Council is authorized by the charter of the United Nations to
make recommendations for the purpose of promoting respect for, and observance of
human rights and fundamental freedoms for all.”
2. In connections to this function, it is also authorized to prepare draft conventions for
submission to the General Assembly, to call international conferences, and to obtain
reports from member states on the steps taken to give effect to its recommendations and
to those of the General Assembly, and to communicate its observations on these reports
to the General Assembly.
3. ECOSOC may also furnish information to the Security Council.
4. Acting on the authority, of the charter, one of the first decisions of ECOSOC was to
establish the Commission on Human Rights and the Commission on the Status of Women
ECOSOC is a political body which originally comprised lightens members but now consists
of fifty four members of the United Nations elected by the General Assembly.
5. It normally holds an organizational session and two regular sessions each year.
6. Human rights items are usually referred to the first session of the social committee on which
all fifty-four members are represented.
E. UN Human Rights Council
1. The Commission on Human Rights is the principal functional organ of the United Nations
concerned with human rights.
2. It consists of fifty-three members-all-states-who are elected from time to time by ECOSOC.
These fifty-three states are elected on a geographical basis and represent a cross-section of
the world in many respects.

Hp
3. The Commission is essentially a political body, and its states members include those whose
human rights records range from the good to the dismissal.
4. Yet, it is this body that drafted the UDHR, the ICCPR and ICESR, and all the principal human
rights instruments.
F. International Lab-our Organizations (ILO)
1. The ILO has long been concerned with labor rights, first as parallel organization to the
League of Nations, then as a specialized agency of the UN system.
2. It has developed several complicated procedures for monitoring state behavior in the area
of labor rights.
3. In general, certain differences aside, its record on helping apply international labor rights is
similar to that of the UN Human Rights Commission in two respects it proceeds according to
indirect implementation efforts falling short of direct enforcement; and its exact influence is
difficult to specify.

Hp