DISCUSS 5 HUMAN RIGHTS INSTRUMENTS

BY
VICTORIA NWOSU
2023396029PA.

DEPARTMENT OF COMMERCIAL AND PROPERTY

JUNE 24, 2024

1. Introduction

1.1. Definition of Human Rights

1.2. Importance of International Human Rights Instruments

1.3. Overview of the Five Key Instruments

2. Universal Declaration of Human Rights (UDHR)

2.1. Historical Context

2.2. Key Provisions

2.3. Impact and Significance

3. International Covenant on Civil and Political Rights (ICCPR)

3.1. Historical Context

3.2. Key Provisions

3.3. Implementation and Monitoring

4. International Covenant on Economic, Social and Cultural Rights (ICESCR)

4.1. Historical Context

4.2. Key Provisions

4.3. Implementation and Monitoring

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 5. Convention on the Elimination of All Forms of Discrimination Against Women

(CEDAW)

5.1. Historical Context

5.2. Key Provisions

5.3. Implementation and Monitoring

6. Convention on the Rights of the Child (CRC)

6.1. Historical Context

6.2. Key Provisions

6.3. Implementation and Monitoring

7. Comparative Analysis of the Five Instruments

8. Limitations in Implementing Human Rights Instruments

9. Summary and Conclusion

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 1. Introduction

1.1. Definition of Human Rights

Human rights are a set of principles concerned with equality and fairness, recognized as

fundamental rights and freedoms to which every individual is entitled. They are inherent to all

human beings, regardless of nationality, sex, ethnicity, religion, language, or any other status.

Human rights are universal and inalienable, indivisible, and interdependent and interrelated. The

modern human rights movement was catalyzed by the atrocities of World War II, leading to the

establishment of the United Nations and the Universal Declaration of Human Rights (UDHR) in

1948.

What are International Human Rights Instruments?

International human rights instruments are the traeties and other international texts that serves as

legal sources for international human rights law and the protection of human rights in general. 1

There are many varying types, but most can be classified into two broad categories: declarations,

adopted by bodies such as the United Nations General Assembly, which are by nature

declaratory, so not legally binding although they may be politically authoritative and very well

respected soft law,2 and often express guiding principles; and conventions that are multi-party

treaties that are designed to become legally binding, usually include prescriptive and very

specific language, and usually are concluded by a long procedure that frequently requires

ratification by each states’s legislature. Lesser known are some "recommendations" which are

similar to conventions in being multilaterally agreed, yet cannot be ratified, and serve to set

1
"The Core International Human Rights Instruments and their monitoring bodies". OHCHR.

2
Druzin, Bryan (2016). "Why does Soft Law have any Power anyway?". Asian Journal of International Law: 1.

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common standards.3 There may also be administrative guidelines that are agreed multilaterally

by states, as well as the statutes of tribunals or other institutions. A specific prescription or

principle from any of these various international instruments can, over time, attain the status

of customary international law whether it is specifically accepted by a state or not, just because it

is well-recognized and followed over a sufficiently long time.

International human rights instruments can be divided further into global instruments, to which

any state in the world can be a party, regional instruments, which are restricted to states in a

particular region of the world, and national instruments.

The UDHR laid the foundation for numerous international treaties and national constitutions that

followed. Subsequent international covenants, such as the International Covenant on Civil and

Political Rights (ICCPR) and the International Covenant on Economic, Social and Cultural

Rights (ICESCR), further elaborated on these rights and established legally binding obligations

for states parties.

1.2 Importance of International Human Rights Instruments

International human rights instruments are essential for the protection and promotion of human

rights globally. They provide a framework for countries to follow, ensuring that human rights are

respected, protected, and fulfilled. These instruments also facilitate international cooperation and

provide mechanisms for accountability.

3. "General Introduction to the standard-setting instruments of UNESCO". legal office website of UNESCO.
UNESCO. Retrieved 6 June 2017

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1.3 Overview of the Five Key Instruments

The evolution of human rights has been marked by the establishment of various instruments at

international, regional, and national levels. This seminar paper seeks to discuss these five key

instruments of human rights:

 Universal Declaration of Human Rights (UDHR)

 International Covenant on Civil and Political Rights (ICCPR)

 International Covenant on Economic, Social and Cultural Rights (ICESCR)

 Convention on the Elimination of all Forms of Discrimination Against Women

(CEDAW)

 Convention on the Rights of the Child (CRC)

2. Universal Declaration of Human Rights

2.1. Historical Background

The UDHR was adopted by the United Nations General Assembly on December 10, 1948, in the

aftermath of the World War II and the Holocaust, which exposed the extreme consequences of

human rights violations. The drafting committee chaired by Eleanor Roosevelt, included

representatives from various cultural and legal traditions, ensuring general consensus on the

universal applicability of the rights enshrined in the declaration.

The UDHR is a milestone document that proclaimed the inalienable rights which everyone is

entitled to as a human being, regardless of race, color, religion, sex, language, political or other

opinion, national or social origin, property, birth, or other status. The UDHR 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.

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Article 1 state, "All human beings are born free and equal in dignity and rights." This sets the

tone for the entire document, emphasizing equality and non-discrimination as core principles. 4

The UDHR has served as the foundation for an expanding system of human rights protection that

now encompasses numerous international treaties and national constitutions.5

2.2. Key Provisions

The UDHR consists of a preamble and 30 articles detailing a broad range of rights and freedoms,

including civil, political, economic, social, and cultural rights. Notable articles include:

 Article 1: Right to Equality.

 Article 3: Right to Life, Liberty, and Security of Person.

 Article 4&5: The prohibition of slavery and torture.

 Article 10: Right to a fair trial.

 Article 19: Freedom of Opinion and Expression.

 Article 25: Right to an Adequate Standard of Living.

 Article 23, 26&27: Right to work, education and participation in cultural life.

2.3. Impact and Significance

As a non-binding instrument, the UDHR has moral and political significance rather than legal

enforceability. However, it has profoundly influenced international human rights law, serving as

the foundation for subsequent treaties and national constitutions. Its principles are reflected in

4
United Nations General Assembly, Universal Declaration of Human Rights, 1948, Article 1.

5
United Nations, "Universal Declaration of Human Rights," [Link], accessed June 20,
2024, [Link]

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numerous binding international agreements and have become customary international law,

providing a global standard for human rights.

While the UDHR itself does not establish enforcement mechanisms, its principles are enforced

through various international treaties and national laws inspired by its provisions. Bodies such as

the United Nations Human Rights Council and treaty-based committees oversee the

implementation and monitoring of human rights standards derived from the UDHR.

The UDHR has had a profound impact on international human rights law. It has inspired

numerous national constitutions and international treaties and has become a fundamental

reference for human rights advocacy.

3. International Covenant on Civil and Political Rights

3.1. Historical Context

The ICCPR was adopted by the UN General Assembly in 1966 and came into force on March

23, 1976. It commits its parties to respect the civil and political rights of individuals, including

the rights to life, freedom of speech, religion, and voting. The ICCPR is a legally binding treaty

that requires states to protect and preserve basic human rights and is monitored by the Human

Rights Committee, which reviews regular reports submitted by the state parties on the measures

they have adopted to give effect to the rights recognized in the Covenant. 6 The ICCPR is a key

component of the International Bill of Human Rights. It was developed to detail and make

legally binding the civil and political rights outlined in the UDHR.

6
United Nations General Assembly, International Covenant on Civil and Political Rights, 1966, Article 40.

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3.2. Key Provisions

The ICCPR contains several critical provisions, including:

 Article 6: Right to Life, stating, “Every human being has the inherent right to life. This

right shall be protected by law. No one shall be arbitrarily deprived of his life.”7

 Article 7: Freedom from Torture and Inhuman Treatment

 Article 19: Freedom of Expression

 Article 21: Right to Peaceful Assembly

3.3. Implementation and Monitoring

The ICCPR has been ratified by over 170 countries, making it one of the most widely adopted

human rights treaties. It has significantly shaped national laws and constitutions, promoting the

protection of civil and political rights worldwide. The covenant’s principles have been invoked

in numerous judicial decisions, reinforcing the legal framework for human rights.

The Human Rights Committee (HRC), established under Article 28 of the ICCPR, monitors

compliance with the covenant. States parties are required to submit regular reports to the HRC on

their implementation of the covenant’s provisions. The committee also considers individual

complaints of violations under the First Optional Protocol to the ICCPR. The ICCPR has been

instrumental in various legal decisions and has helped to protect individuals against abuses such

as arbitrary detention and torture.

7
United Nations, "International Covenant on Civil and Political Rights," [Link], accessed June 20,
2024, [Link]

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 4. International Covenant on Economics, Social and Cultural Rights

4.1. Historical Context

Also adopted in 1966 and entered into force in January 3, 1976, the ICESCR focuses on

economic, social, and cultural rights, complementing the ICCPR. This Covenant commits its

parties to work toward the granting of economic, social, and cultural rights (ESCR) to

individuals, including labor rights, the right to health, the right to education, and the right to an

adequate standard of living.8

4.2. Key Provisions

Article 11 of the ICESCR recognizes "the right of everyone to an adequate standard of living for

himself and his family, including adequate food, clothing, and housing, and to the continuous

improvement of living conditions." This emphasizes the obligation of states to ensure basic

living standards and continuous progress in quality of life.9

Other key provisions include:

 Article 6: Right to Work

 Article 12: Right to Health

 Article 13: Right to Education

8
United Nations General Assembly, International Covenant on Economic, Social and Cultural Rights, 1966, Article
11.
9
United Nations, "International Covenant on Economic, Social and Cultural Rights," [Link], accessed June 20,
2024, [Link]

10
4.3. Implementation and Monitoring

The ICESCR has been ratified by over 160 countries, highlighting its global importance. It has

influenced national policies and legislation concerning economic, social, and cultural rights. The

covenant has also contributed to the development of a broader understanding of human rights

that includes not only freedom from oppression but also the means to live with dignity. The

Committee on Economic, Social and Cultural Rights (CESCR), established to monitor the

implementation of the ICESCR, reviews periodic reports on their compliance submitted by states

parties. General comments issued by the CESCR provide authoritative interpretations of the

covenant’s provisions, guiding states in their implementation efforts. The Optional Protocol to

the ICESCR, which allows for individual complaints, further strengthens its enforcement.

The ICESCR has been used to advocate for better working conditions, access to healthcare, and

education reforms.

5. Convention on the Elimination of all Forms of Discrimination against Women

5.1 Historical Context

CEDAW was adopted in 1979 and is often described as an international bill of rights for women.

It aims to eliminate discrimination against women and promote gender equality.

CEDAW was adopted by the United Nations General Assembly on December 18, 1979, and

came into force on September 3, 1981. It represents a comprehensive international bill of rights

for women, addressing various forms of gender discrimination.

According to CEDAW, discrimination against women is “any distinction, exclusion, or

restriction, made on the basis of sex, with the purpose or effect of impairing the enjoyment by

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women of political, economic, social, cultural, or civil human rights on equal footing with

men”10

5.2 Key Provisions

CEDAW comprises a preamble and 30 articles, covering areas such as the elimination of

discrimination in education, employment, and healthcare (Articles 10-12), combating trafficking

and exploitation (Article 6), and ensuring women's participation in political and public life

(Article 7). It also addresses issues specific to women in rural areas (Article 14). 11

CEDAW's key provisions include:

 Article 2: Policy Measures to Eliminate Discrimination

 Article 5: Gender Stereotyping and Prejudices

 Article 11: Employment Rights

 Article 16: Marriage and Family Life

5.3 Implementation and Monitoring

CEDAW has been ratified by nearly 190 countries, reflecting widespread commitment to gender

equality. It has prompted significant legal and policy reforms to address discrimination against

women, contributing to advancements in women's rights globally.

10
United Nations General Assembly, Convention on the Elimination of All Forms of Discrimination Against
Women, 1979, Article 1.
11
United Nations, "Convention on the Elimination of All Forms of Discrimination Against Women," [Link],
accessed June 20, 2024, [Link]
discrimination-against-women

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The Committee on the Elimination of Discrimination against Women monitors the

implementation of CEDAW through the examination of periodic reports submitted by states

parties. The Optional Protocol to CEDAW allows individuals and groups to submit complaints of

violations, providing an additional mechanism for enforcement.

The Committee on the Elimination of Discrimination against Women monitors implementation.

States parties are required to submit regular reports.

6. Convention on the Rights of the Child

6.1. Historical Context

Adopted in 1989, the CRC is the most widely ratified human rights treaty, focusing on the rights

of children. Adopted on November 20, 1989, and entering into force on September 2, 1990, the

CRC is a comprehensive human rights treaty that enshrines specific children's rights, such as the

right to education, health care, and protection from abuse and exploitation.12

6.2. Key Provisions

Article 3 of the CRC emphasizes the best interests of the child, stating, "In all actions concerning

children, whether undertaken by public or private social welfare institutions, courts of law,

administrative authorities or legislative bodies, the best interests of the child shall be a primary

consideration".13 This principle is fundamental to the protection and development of children

globally.

Other key provisions of the CRC include:

13
United Nations, "Convention on the Rights of the Child," [Link], accessed June 20,
2024, [Link]

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  Article 6: Right to Life, Survival, and Development

 Article 19: Protection from Abuse and Neglect

 Article 28: Right to Education

 Article 31: Right to Leisure, Play, and Culture

6.3. Implementation and Monitoring

The Committee on the Rights of the Child monitors the implementation, requiring periodic

reports from states parties and issuing recommendations. The Optional Protocols to the CRC

address specific issues such as child soldiers and child exploitation.

The CRC has been influential in improving child protection laws, educational opportunities, and

healthcare services for children worldwide.

7. Comparative Analysis of the Five Instruments

Human rights instruments serve as the bedrock of global justice and dignity, embodying our

collective aspirations for a just and equitable world. These documents, such as the Universal

Declaration of Human Rights and various international treaties, are more than legal frameworks;

they are profound declarations of humanity's commitment to uphold and protect the inherent

dignity and equality of every individual. They provide a common language for nations to address

injustices, guiding domestic and international policies and actions. Moreover, they empower

individuals by recognizing and enshrining their rights, fostering a culture of accountability and

respect. In a world rife with inequalities and conflicts, these instruments remind us of our shared

humanity and the ongoing responsibility to safeguard the rights and freedoms of all people.

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Despite their specific focuses, these instruments share common principles such as universality,

indivisibility, and interdependence of human rights.

Each instrument has unique provisions tailored to address specific issues, such as gender

discrimination in CEDAW which enables gender equality and is aimed at giving everyone equal

right, and child rights in CRC which is aimed at protecting the child and developing children all

over the world.

It is however pertinent to ask ourselves some few questions. Are we living up to the provisions

of these instruments? Can we therefore say that everyone’s fundamental human right is being

upheld? Are these instruments fulfilled in every sense of the word?

It should be known that challenges are being encountered. Challenges such as lack of political

will, resource constraints, and cultural resistance to certain human right norms.

The future of international human rights may involve addressing emerging issues such as digital

rights, climate change, and the rights of marginalized groups.

8. Limitations in implementing Human Rights Instruments.

Implementing human rights instruments has not been a walk in the park. It poses a range of

significant challenges that hinder their effectiveness and universal application. The following are

however some of the key limitations faced in the implementation of these instruments:

i. Legal Constraints:

 Inadequate Legal Frameworks: Many countries lack the necessary legal

frameworks to enforce human rights standards. This can be due to insufficient

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 legislation or weak judicial systems that are unable to uphold these laws

effectively.

 Non-ratification: Some states have not ratified key international human rights

treaties, which mean they are not legally bound to adhere to their provisions.

ii. Political Challenges:

 Lack of Political Will: Governments may lack the political will to implement

human rights instruments, often due to conflicting interests, such as maintaining

power or prioritizing economic growth over human rights.

 Authoritarian Regimes: In countries with authoritarian regimes, human rights

are frequently suppressed to maintain control and silence dissent, making the

implementation of international standards particularly difficult.

iii. Economic Barriers:

 Resource Constraints: Implementing human rights standards can be resource-

intensive, requiring significant financial investment in areas such as legal

infrastructure, education, and social services. Many developing countries struggle

to allocate sufficient resources to these areas.

 Economic Priorities: In some cases, economic priorities such as industrialization

or debt repayment can overshadow the commitment to human rights, leading to

their neglect.

iv. Cultural and Social Issues:

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  Cultural Resistance: Cultural norms and traditions can sometimes conflict with

international human rights standards. For example, issues related to gender

equality and LGBTQ+ rights may face significant resistance in certain societies.

 Lack of Awareness: A lack of awareness and understanding of human rights

among the general population can also impede their implementation. Education

and advocacy are essential to overcoming this barrier.

v. Enforcement Issues:

 Weak Enforcement Mechanisms: Even when human rights laws are in place,

weak enforcement mechanisms can undermine their effectiveness. Corruption,

lack of training for law enforcement, and judicial inefficiency are common

problems.

 Impunity: In some cases, perpetrators of human rights abuses go unpunished

due to systemic issues within the justice system, such as corruption or political

interference.

vi. International Dynamics:

 Global Power Dynamics: The implementation of human rights instruments can

be influenced by global power dynamics, where powerful states might exert

pressure on weaker states to conform to certain standards, sometimes leading to

resistance or superficial compliance.

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  International Conflicts: Ongoing international conflicts and geopolitical tensions

can also hinder the implementation of human rights, as resources and attention

are diverted towards security and military concerns.

Addressing these challenges/limitations requires a multifaceted approach that includes

strengthening legal frameworks, enhancing political commitments, increasing resources,

promoting cultural sensitivity, improving enforcement mechanisms, and fostering international

cooperation.

9. Summary and Conclusions

The five instruments discussed in this paper—the UDHR, ICCPR, ICESCR, CEDAW and CRC—

represent cornerstones and pillars of the international human rights framework. Each has contributed

uniquely to the promotion and protection of human rights, addressing different dimensions of human

dignity and freedom. Together, they form a comprehensive system that continues to evolve, reflecting

the ongoing commitment of the international community to uphold human rights and dignity for all.

The five key international human rights instruments provide a comprehensive framework for protecting

various aspects of human dignity and freedom. These instruments remain crucial in addressing

contemporary human rights challenges and fostering global cooperation.

The continued commitment to these instruments is essential for advancing human rights and ensuring a

just and equitable world for all.

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