Human Rights and International Law
1. International Standards for Protection of Human Rights
International standards for the protection of human rights have evolved through a series
of international declarations, conventions, treaties, and customary practices. These
standards seek to protect individuals from abuses and to promote dignity, freedom, and
equality. The development of international human rights standards emerged after World
War II, with the establishment of the United Nations and subsequent international human
rights instruments.
1.1 The Universal Declaration of Human Rights (UDHR), 1948:
The UDHR is considered the cornerstone of modern international human rights law.
Although not legally binding, it laid down fundamental rights and freedoms to which all
human beings are entitled, such as the right to life, liberty, security, equality before the
law, freedom of expression, and protection from torture.
1.2 International Covenants:
Two major legally binding instruments followed the UDHR:
- The International Covenant on Civil and Political Rights (ICCPR), 1966.
- The International Covenant on Economic, Social and Cultural Rights (ICESCR), 1966.
Together with the UDHR, they form the International Bill of Human Rights.
1.3 Core Human Rights Treaties:
Nine core human rights treaties have been developed, including:
- 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 Convention on the Rights of the Child (CRC).
- The Convention Against Torture (CAT).
1.4 Regional Human Rights Systems:
- European Convention on Human Rights (ECHR) under the Council of Europe.
- American Convention on Human Rights (ACHR) under the Organization of American
States.
- African Charter on Human and Peoples’ Rights (ACHPR).
1.5 Soft Law Instruments:
These include declarations, principles, guidelines, and codes of conduct adopted by UN
bodies or international conferences which, although non-binding, help interpret and
promote binding legal standards.
1.6 Customary International Law:
Many human rights principles, such as the prohibition of torture, slavery, and genocide,
have achieved the status of customary international law and are binding on all states,
even if they have not ratified specific treaties.
1.7 Role of United Nations Bodies:
Various UN bodies, such as the Human Rights Council, OHCHR, and treaty-monitoring
bodies, monitor compliance, provide recommendations, and investigate violations.
In conclusion, international standards for human rights protection are based on
universally accepted norms, legal instruments, and mechanisms to promote and safeguard
individual rights globally. These standards continue to evolve in response to emerging
global challenges and societal changes.
2. Customary International Law in Relation to Human Rights
Customary international law plays a significant role in the field of human rights. It refers
to legal obligations arising from established state practice, accepted as law (opinio juris),
even without formal treaty ratification.
2.1 Definition and Components:
Customary international law consists of two elements:
- General and consistent state practice.
- Belief that such practice is legally obligatory (opinio juris).
2.2 Application in Human Rights:
Certain fundamental human rights norms are so widely accepted and practiced that they
have become customary international law. These include:
- Prohibition of genocide.
- Prohibition of slavery and slave trade.
- Prohibition of torture or cruel, inhuman or degrading treatment.
- Right to self-determination.
- Non-discrimination and equality.
- Right to a fair trial.
2.3 Jus Cogens Norms:
Some human rights norms have attained the status of *jus cogens* (peremptory norms),
which are non-derogable and universally binding on all states. These include the
prohibition of genocide, torture, and crimes against humanity.
2.4 Role in Enforcing Human Rights:
Even if a state has not signed or ratified human rights treaties, it is still bound by
customary international law. International courts and tribunals frequently refer to
customary law in their decisions.
2.5 Recognition by International Forums:
- The International Court of Justice (ICJ) has affirmed the customary nature of key
human rights principles.
- UN bodies often rely on customary law when assessing state obligations and violations.
2.6 Customary Law as a Source of Universality:
Customary international law supports the universality of human rights by ensuring that
fundamental rights are applicable to all states, irrespective of their treaty commitments.
In conclusion, customary international law provides a foundational layer for the
enforcement and recognition of human rights globally. It bridges the gap between states
that have ratified treaties and those that have not, ensuring broader protection of human
rights.
3. UN Mechanism for Protection of Human Rights (Brief)
The United Nations plays a central role in the promotion and protection of human rights
through various mechanisms, both charter-based and treaty-based.
3.1 Charter-Based Mechanisms:
- **Human Rights Council (HRC):** A key UN body responsible for addressing human
rights issues and making recommendations. It conducts the Universal Periodic Review
(UPR) of all UN Member States.
- **Office of the High Commissioner for Human Rights (OHCHR):** The principal UN
office responsible for promoting and protecting human rights globally.
- **Special Procedures:** Independent experts appointed by the HRC to monitor and
report on specific country situations or thematic issues.
3.2 Treaty-Based Mechanisms:
- Each core international human rights treaty has a corresponding committee (e.g.,
Human Rights Committee for ICCPR, CEDAW Committee).
- These committees monitor the implementation of the treaties through periodic state
reports, individual complaints, and general comments.
3.3 Universal Periodic Review (UPR):
- A peer-review mechanism that examines the human rights performance of all UN
Member States every 4.5 years.
- Provides recommendations and assesses compliance.
3.4 Other UN Agencies:
- Agencies like UNICEF, UN Women, UNDP, and UNESCO integrate human rights
standards into their programs and support capacity-building efforts.
3.5 Human Rights Council Resolutions and Investigations:
- The HRC passes resolutions, establishes commissions of inquiry, and mandates special
rapporteurs to investigate human rights abuses.
In conclusion, the UN mechanisms for human rights protection provide comprehensive
tools for monitoring, reporting, and promoting global standards. They ensure
accountability, cooperation, and capacity-building to enhance human rights worldwide.
