What is the International Human Rights Law?
INTRODUCTION
International human rights law governs the obligations of States towards citizens and other individuals within their jurisdiction. Human rights law enshrines the very best of human ideals, that each creature includes a set of rights and freedoms. Human rights thus cannot be withdrawn by States and apply at all times. Set forth within the Universal Declaration of Human Rights and a number of core treaties, International human right law plays a vital role in the protection of all people. Human rights law conjointly defines the rights of specific vulnerable groups like IDPs or children.
Since 1948, the UN has adopted over a hundred human rights documents covering the whole gamut of human relationships. These, among others, deal with the rights of women, children, refugees, migrant employees, homeless persons, minorities, indigenous peoples and prohibition of racial or religious discrimination, genocide, slavery, torture.
With the introduction of the international protection of human rights there appeared an institutional mechanism of international human rights laws capable of turning into the basis and also the framework for the complete development of man’s personality, represent for his standing as a human being and the equality of citizens before the law among the varied States.
In general terms, Human Rights are entitlements due to every man, women and child because they’re human. In other words, certain inherent and inalienable rights are because of personalities simply of being human. The idea of human rights derives from human dignity and also the inherent value of an individual’s being. Therefore, it’s advised that whatever adds to human dignity and the fundamental freedom of humans is a right. In other words, Human Rights are what each individual is entitled to a person to live a dignified, secure lifetime of his/her choice.
All citizens are born free and equal in dignity and rights. They are bestowed with reason and conscience to act towards in favour of each other with the spirit of brotherhood and equality. This assumption comes from the natural rights theory according to which the right to liberty and equality is man’s birthright and cannot be alienated; and that because man is a rational and moral being, He’s completely different from different creatures on earth and thus entitled to certain rights and freedoms which different creatures might not enjoy.
International humanitarian law involves the function of international human rights law. General norms that apply to everybody are being included and also the specialised norms that apply to certain situations like armed conflicts between both state and military occupation or to certain groups of persons together with refugees.
HUMAN RIGHTS AND THE UN SYSTEM
The rights bestowed with human beings regarding all the policies and programmes with the aim of security, peace and development for all with humanitarian assistance, and economic and social affairs. As a result, nearly each UN body and the specialised agency are concerned to a point within the protection of human rights. Some are the right to development, which is at the core of the Sustainable Development Goals; the right to food, championed by the United Nations Food and Agriculture Organization, labour rights, outlined and guarded by the International Labour Organization, gender equality, which is promulgated by United Nations women, the rights of children, indigenous peoples, and disabled persons.
Rights can be of the many types, like legal rights, ethical rights, civil rights, political rights, social rights, economic rights, cultural rights and so on. Those rights that which provided in law and guarded by it are known as legal rights. At the International aspect, there are different human rights they are as follows – cultural, political, civil, economic and social rights.
The UDHR and ICCPR acknowledge many civil and political rights, like the right to life, liberty and security of persons, the prohibition of slavery, torture, arbitrary arrest, detention or exile, right to a fair trial, freedoms related to movement, religion, expression, privacy, right to seek asylum, right to nationality etc. These rights are generally known as first-generation rights, as they found their first formulation in the Western socio-political thought and governance in the 17th and 18th centuries.
HUMAN RIGHTS COUNCIL
The human rights council consists of 47 elected UN Member States, authorised to prevent abuses, inequity and discrimination, protect the most vulnerable, and expose the perpetrators of human rights violations. The Council established Special Procedures to address either specific country situations or thematic issues across the world. Special Procedures are either an individual a special recorder or representative, or freelance skilled or a working group. they are prominent, independent specialists engaged on a voluntary basis and are appointed by the Human Rights Council. There are presently 30 thematic mandates and eight country mandates. All report to the Human Rights Council on their findings and suggestions.
There are presently 10 human rights treaty bodies committees of independent experts created in accordance with the provisions of the treaty that they monitor. 9 of them monitor implementation of the core international human rights treaties whereas the tenth treaty body, the subcommittee on the hindrance of Torture, established under the Optional Protocol. Additionally, there are several different UN bodies that are involved with the promotion and protection of human rights.
In order to observe the compliance of states with their obligations, the UN system has created mechanisms that examine state party compliance with the precise treaty obligations. These mechanisms embody the Human Rights Council and bodies created under the international human rights treaties that encompass independent consultants. The majority of these bodies receive secretariat support from the office of the diplomat for Human Rights.
The obligation to respect means states should refrain from interfering with or curtailing the enjoyment of human rights. The obligation to safeguard needs states to safeguard people and groups against human rights abuses.
NATURE OF HUMAN RIGHTS
• Human rights are universal moral rights; they belong to everyone because they’re human. By definition, rights are not earned, bought or hereditary. they’re inherent in human dignity, they’re inalienable.
• One amongst the guiding principles is that rights are available to all persons in the State regardless of race, colour, sex, language, religion, political or another opinion, national or social origin, property or another standing (Article 2 of the UDHR). they’re universally applicable to all persons. In other words, non-discrimination is a crucial principle of contemporary human rights.
• They are universal in the sense that they transcend the national boundaries or ideologies. they’re designed to be culturally and ideologically neutral; they’re not specifically liberal or socialist, eastern or Western, Northern, developed or developing, Christen, Buddhist, Muslim or Hindu.
• The idea of human rights is comprehensive in its nature and content. It includes all classes of rights, like civil and political, economic, social and cultural and even the recently freshly rising group or collective rights like rights of minorities, indigenous peoples. In fact, the catalogue of rights is very elaborated and comprehensive. The list of rights is increasing every day.
• Also, all rights and freedoms are indiscrete and interdependent. The UN does not rank them in any hierarchy or any order of priority. Though we have a tendency to classify rights in numerous classes, they are all complementary to each other. they are also inter-related.
• Rights are not absolute or unlimited. A number of them have been and can be suspended during war or public emergency. Justifiable and reasonable limitations can be imposed on their exercise, which is necessary to safeguard national security, public order, public health or morals or the rights and freedoms of others.
INTERNATIONAL EFFORTS TO DEVELOP HUMAN RIGHTS NORMS
The charter of the UN (1945) perhaps, is the most significant landmark within the development of modem principles of human rights. The charter makes continual references to human rights. It considers that international peace and security depends, among different things, on the recognition of observance of human rights.
One of the four functions of the UN is that the promotion and encouragement of human rights and freedoms for all without distinction on race, language or religion.
In Article 55 and 56 of the charter, the United Nation members pledged to form joint and separate action in cooperation with the UN for the accomplishment of their goals.
Since human rights weren’t were not within the charter for lack of time and agreement among nations, the task of elaborating them was left to the General Assembly.
The Assembly completed its task by adopting the Universal Declaration of Human Rights (UDHR) on 1st Dec 1948 which included both Civil and Political and Economic, Social and Cultural Rights. Later on, the General Assembly has adopted several conventions, covenants and declaration and the process continues.
CONCLUSION
Over the years, it has to be translated into law, in the manner of treaties, international customary laws, general principles, and domestic law. It has covered around 80international human rights treaties and declarations, domestic human rights bills, and constitutional provisions, that along represent a comprehensive legally binding system for the promotion and protection of human rights. The International Covenant on Civil and Political Rights, and also the International Covenant on Economic, Social and Cultural Rights came into force in 1976. The 2 Covenants have developed most of the rights already enshrined within the UDHR, creating them effectively binding on States that have ratified them. International human rights law prescribes obligations which states are certain to respect. Through ratification of international human rights treaties, governments undertake to take measures with fulfilling the obligations with respect to the treaty. States are under the duty and obligation under law to respect, shield and fulfil human rights.
The covenants also comprise of International Bill of Human Rights along with UDHR. International human rights treaties became more centred and specialized concerning both the problem addressed and also the social groups identified as requiring protection. It happens to grow, evolve, and contains basic rights and freedoms among the International Bill of Human Rights, addressing issues like discrimination, torture, implemented disappearances, disabilities.