Abstract
A series of international human rights treaties and other instruments adopted since 1945 have conferred legal forms on inherent human rights and developed the body of international human rights. Other instruments have been adopted at the regional level reflecting the particular human rights concerns of the region and providing for specific mechanisms of protection. Most states have also adopted constitutions and other laws which formally protect basic human rights. While international treaties and customary law form the backbone of international human rights law, other instruments, such as declarations, guidelines, and principles adopted at the international level, contribute to its understanding, implementation, and development. Respect for human rights requires the establishment of the rule of law at the national and international levels.
TopIntroduction
International human rights law is a set of principles and norms governing the international protection of the rights and fundamental freedoms of individuals and representing international human rights standards for national law. International human rights law is a branch of public international law. The basis is the treaties of the UN system, as well as regional organizations (the main ones are in the systems of the Council of Europe, the African Union, and the Organization of American States). International human rights law is closely related to such branches of international law as refugee law and international humanitarian law.
Key Terms in this Chapter
Universal Declaration of Human Rights: A milestone document in the history of human rights. Drafted by representatives with different legal and cultural backgrounds from all regions of the world, the Declaration was proclaimed by the United Nations General Assembly in Paris on 10 December 1948 (General Assembly resolution 217 A) as a common standard of achievements for all peoples and all nations.
Human Rights Committee: The body of independent experts that monitors implementation of the International Covenant on Civil and Political Rights by its state parties. The Committee’s work promotes the enjoyment of civil and political rights, resulting in numerous changes of law, policy and practice. As such, it has improved the lives of individuals in all parts of the world. It continues to strive to ensure all the civil and political rights guaranteed by the Covenant can be enjoyed in full and without discrimination, by all people.
European Convention on Human Rights: The Convention for the Protection of Human Rights and Fundamental Freedoms, better known as the European Convention on Human Rights, was opened for signature in Rome on 4 November 1950 and came into force on 3 September 1953. It was the first instrument to give effect to certain of the rights stated in the Universal Declaration of Human Rights and make them binding. Under the original system, three institutions were responsible for enforcing the obligations undertaken by the Contracting States: the European Commission of Human Rights, the European Court of Human Rights and the Committee of Ministers of the Council of Europe. All applications lodged under the Convention by individual applicants and Contracting States were the subject of a preliminary examination by the Commission, which decided whether they were admissible. If a complaint was declared admissible, and where no friendly settlement was reached, the Commission drew up a report establishing the facts and expressing a nonbinding opinion on the merits of the case. The Commission and/or the Government of the State in question could then decide to refer the case to the Court for a final, binding adjudication. If the case was not brought before the Court, the Committee of Ministers would decide. Since its adoption in 1950 the Convention has been amended a number of times and supplemented with many rights in addition to those set forth in the original text.
OSCE Office for Democratic Institutions and Human Rights: Provides support, assistance, and expertise to participating States and civil society to promote democracy, rule of law, human rights and tolerance and non-discrimination. ODIHR observes elections, reviews legislation, and advises governments on how to develop and sustain democratic institutions. The Office conducts training programmes for government and law-enforcement officials and non-governmental organizations on how to uphold, promote and monitor human rights.