International Human Rights Law

Published On: 19th December, 2024

Authored By: Manthan Kurmi
Snehangshu Kanta Aacharya Institute of Law/Kalyani University

Studying law for the past few years of my life, I can say with the experience that takes a lot of time spent on research and understanding the complexities that are tied to the various subjects of law, International Human Rights Law is one of them. In this article, I will provide a comprehensive overview of this crucial yet important field, through my knowledge and resources. A legal perspective will be presented to the subject matter in a concise manner and we will be talking about it with all relevant sources.

Introduction

The global body of laws that constitutes international human rights law is one of the strongest foundations of the world’s legal system that provides protection for the importance inherent dignity and equality of all human beings. Its recognition is embedded in a broad dispersion of rights and freedoms that are the indestructible tools for the realization of a harmonious humanity and the advancement of society. In this article, we will dive into the principal elements of international human rights law, which include historical development, core principles, and critical challenges.

Historical Development

The modern concept of international human rights law was inaugurated in the early Second World War, as a direct response to the genocides and other atrocities committed during the period. The Charter of the United Nations, which was passed in 1945, was a major landmark of this movement, whereby its preamble vocalized the human rights objective, and directives were given through the articles1. The Universal Declaration of Human Rights (UDHR) by the UN General Assembly in 1948 was the basis that built the whole infrastructure of international human rights law. While the UDHR remains non-binding, it has assumed such a place in the world that it has been followed by numerous legally binding treaties, as well as being the inspiration for the way national constitutions have been written around the world2.

Core Principles and Legal Framework

Several leading principles underlying the international human rights law:

  • Universality, which posits that human rights are the rights of all, regardless of their nationality, race, gender, or any other status.
  • Inalienability, which is the concept that human rights cannot be waived or taken away.
  • Indivisibility, which is the idea that all human rights are equally and similarly interconnected.
  • Interdependence, which is that the accomplishment of one right often entails the fulfillment of some other rights.

International human rights law is a framework under which, on the one hand, various treaties, and declarations, and on the other hand, customary international law exists. The key components are:

  1. The International Covenant on Civil and Political Rights (ICCPR)
  2. The International Covenant on Economic, Social, and Cultural Rights (ICESCR)
  3. The Convention on the Elimination of All Forms of Discrimination against Women (CEDAW)
  4. The Convention on the Rights of the Child (CRC)
  5. The Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT)

Implementation and Enforcement

The main implementation and enforcement of international human rights law depend on the treaty obligations that the parties have to stick to very strictly. Diverse monitoring and compliance mechanisms like these also exist:

  • Treaty bodies: The panels with independent law experts to monitor the application of certain treaties.
  • The UN Human Rights Council: The principal organ of the United Nations that is responsible for the promotion and protection of human rights all over the world is the Human Rights Council.
  • Special Procedures: The autonomous individuals assigned to report on human rights conditions either in some countries or on specific issues of human rights. The regional human rights systems: E.g. the European Court of Human Rights, the Inter-American Court of Human Rights, and the African Court on Human and Peoples’ Rights.

Case Law and Significant Decisions

The explanation and use of international human rights law have been firmly shaped by many important cases that have set the standards. Some of the most popular ones are:

I. Velásquez Rodríguez v Honduras (Inter-American Court of Human Rights, 1988): A requirement was established because of such a case: that of due diligence by the states – compulsory action to prevent, investigate, and punish human rights violations, even when private actors commit them3.

II. Soering v United Kingdom (European Court of Human Rights, 1989): It was ruled in this case that transferring a person to a country where they are at real risk of torture or inhuman treatment is a breach of the European Convention on Human Rights; Article 34.

III. S.A.S. v France (European Court of Human Rights, 2014): This is a case that focused on the antithesis of the rights of individuals and the rights of the society, where France’s prohibition of face coverings in public places has been affirmed5.

Challenges and Future Directions

The major challenges encountered by the international human rights law despite huge strides made in its implementation are listed below:

  • Enforcement: The lack of a unified enforcement system causes polarized enforcement of human rights norms.
  • State sovereignty: Human rights obligations versus state sovereignty can be a source of complex relations that sometimes bring about the system not providing enough protection of the rights.
  • Cultural relativism: Whether there can be human rights that are universally binding in the face of various customs that belong to different countries is a subject of ongoing debate.
  • Non-state actors: The more powerful roles of multinational corporations and armed groups in committing human rights abuses may become a matter beyond simply requiring it for accountability. The next step is a general rethinking of international human rights law as an answer to the newly arising challenges like climate change, artificial intelligence, etc. Making human rights effective on a global scale will be an essential part of the world’s future underlining the importance of mutual development and cooperation between countries and international organizations.

Conclusion

International human rights law is an outstanding instrument for providing the humankind with protections needed to sustain their livelihoods. As shown in the article, it is a tight combination of legal tools, procedures, and principles intended for incorporating the ethic of basic rights. Inequalities are still present and sustainable and the development and application of human rights law along with other legal actors can generate a change and thus more equitable living conditions. We, law professionals and scholars, need to work relentlessly to bring about the causes of human rights through legalities and the practical application of international human rights law. This way, we join the process of creating an environment where the dignity of everyone is respected and protected.

References

  1. United Nations, ‘Charter of the United Nations’ (24 October 1945) 1 UNTS XVI
  2. UN General Assembly, ‘Universal Declaration of Human Rights’ (10 December 1948) 217 A (III)
  3. Velásquez Rodríguez v Honduras (Judgment) Inter-American Court of Human Rights Series C No 4 (29 July 1988)
  4. Soering v United Kingdom App no 14038/88 (ECtHR, 7 July 1989)
  5. A.S. v France App no 43835/11 (ECtHR, 1 July 2014)

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