This article is written by Lahari Vennam of KL University, Andhra Pradesh, an intern under Legal Vidhiya.
ABSTRACT
International human rights law (IHRL), a subfield of international law, aims to improve human rights at the social, regional, and national levels. The majority of international human rights legislation is composed of treaties, which are agreements established between sovereign nations and meant to solely have legal force between the parties thereto, and customary international law. Despite the fact that they lack legal standing, other international human rights instruments have been viewed as sources of political accountability and assistance with the implementation, understanding, and expansion of international human rights law.
Since 1945, several international human rights treaties and other pieces of legislation have been passed, giving the corpus of universally recognized human rights legal authority. A variety of legislation that reflect the specific human rights issues in the region and offer unique safeguards have been passed at the regional level. Additionally, most States have adopted constitutions and other pieces of law that explicitly defend fundamental human rights.
The so-called International Bill of Human Rights is comprised of the Universal Declaration of Human Rights (UDHR), the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social, and Cultural Rights, and its two Optional Protocols.[1]
Keywords: Human rights, declarations, Rights, Legislation, Government, Responsibilities, General Assembly, Legal Proceedings, Covenant, Equality.
INTRODUCTION
The UN General Assembly’s adoption of the Universal Declaration of Human Rights (UDHR) on December 10 gave the worldwide human rights movement a boost. For the first time in human history, the Declaration of Human Rights lays out the fundamental civil, political, economic, social, and cultural rights that every individual should be entitled to enjoy.
It was intended, as mentioned in the literature, to act as “a common standard of achievement for all peoples and nations.” It has gotten a lot of support over time as the fundamental concepts of human rights that everyone should uphold.
Even though international treaties and common law constitute the majority of international human rights legislation, other legal instruments, such as declarations, principles, recommendations, and guidelines made at the international level, help to shape its interpretation, application, and development. To protect human rights, the rule of law must be created on a national and international level.
The obligations specified in international human rights law are binding on all states. When a state ratifies an international treaty, they are taking on obligations and duties under international law to respect, protect, and enforce human rights. States are required to respect other people’s rights by not interfering with or limiting other people’s capacity to exercise such rights. States have a responsibility to defend individuals and groups against human rights breaches. In order to uphold their promise, states must take proactive measures to make it simpler for individuals to exercise their fundamental human rights.[2]
How Are Human Rights Implemented?
Everybody has the same basic legal rights, regardless of gender, race, color, country of origin, ethnicity, language, religion, or any other characteristic. The phrase “human rights” refers to a broad variety of liberties, including the freedom from slavery and torture, the right to life and liberty, the right to free speech, as well as a number of other rights, such the right to employment and an education. These rights are guaranteed to all people, without exception.
In order to enhance and protect people’s basic liberties or the fundamental rights of certain groups, international human rights law obliges governments to engage in certain activities or refrain from engaging in certain acts.
The pillars of this body of law are the Universal Declaration of Human Rights and the United Nations Charter, which were accepted by the General Assemblies in 1945 and 1948, respectively.
Since then, the UN has made an effort to include particular clauses in its interpretation of the law concerning human rights for women, children, and other vulnerable groups including minorities and those with disabilities. These people are now protected from prejudice, which was once widespread throughout many cultures.
How Does International Law Protect Human Rights?
The obligations set forth in international human rights law are binding on all governments. When a state ratifies an international treaty, they are taking on obligations and duties under international law to respect, protect, and enforce human rights. States must respect the rights of others by allowing them to exercise such rights without interference or limitations. States have a responsibility to defend individuals and groups from human rights breaches. States have a responsibility to act honourably to support the enjoyment of people’ basic human rights.[3]
Governments agree to enacting domestic rules and laws that are compliant with their duties under international human rights treaties by ratifying these accords. Thus, the fundamental legal protection of human rights promised by international law is provided by the local legal system. When domestic legal processes fall short of addressing human rights abuses, there are mechanisms and procedures for individual and group complaints available at the regional and international levels to help ensure that international human rights standards are actually respected, put into practice, and enforced at the local level.
International law is a crucial element of human rights. In the absence of international collaboration and pressure, governments may find it more challenging to impose restrictions on the freedoms of individuals or organizations.
Since 1945, a significant body of international law has grown as a result of the passage of several human rights treaties and other legislation. These responsibilities are overseen and carried out by significant international institutions, such as the European Court of Human Rights, the Council of Europe, the UN Human Rights Council, and UN treaty bodies.
The United Nations (UN) is an organization that was founded to promote global cooperation and uphold human rights. The following are the main UN agencies that affect the rights of British people.
United Nations Human Rights Council.
The UK was selected as a member for a three-year term in 2013. It is one of the 47 States that make up this organization, which is in responsibility of assisting the promotion and preservation of human rights around the world.
This supports human rights institutions and governments, keeps an eye on how they are being exercised, and makes sure that every UN initiative has a human rights perspective in addition to helping to implement human rights on the ground.
In other words, countries have a duty to protect individuals and groups from human rights violations as well as to take proactive steps to secure the enjoyment of fundamental human rights. Governments must ensure that domestic laws and institutions are in place to support the implementation of a treaty and the defense of the human rights it is intended to safeguard once it has been ratified. While certain portions of the IHRL are more focused on protecting vulnerable groups like children, refugees, and internally displaced people, other sections are more concerned with protecting everyone.
The 1948 Declaration on Human Rights.
On December 10, 1948, the UN General Assembly adopted the Universal Declaration of Human Rights through a resolution. The “human rights” and “fundamental freedoms” stated in Article 55(c) of the UN Charter, as defined in the Declaration, must be safeguarded and respected by all UN member states. However, it does not have legal force.
The Declaration has shown its strength and tenacity. Many UN member nations have incorporated the Declaration’s principles into their national constitutions.
These tenets form the foundation of many of the basic human rights treaties that the UN has subsequently drafted, as well as the laws and treaties that have been enacted at the regional and national levels to safeguard human rights.
The International Bill of Rights is made up of the International Declaration of Human Rights, the International Covenant on Civil and Political Rights, and the International Covenant on Economic, Social, and Cultural Rights.
What is the Human Rights Declaration?
Universal human rights were originally created through a number of declarations and treaties signed after the Second World War (1939–1945).
Countries ultimately came to an understanding on a full set of unalienable human rights in 1948.
The UN General Assembly approved the Universal Declaration of Human Rights (UDHR) in December of the same year, which was a significant turning point in the evolution of international human rights legislation.
All current and future human rights conventions, treaties, and other legal agreements are built upon the 30 articles of the UDHR.
The International Covenant on Economic, Social, and Cultural Rights (ICESCR), the Committee on Economic, Social, and Cultural Rights (CESCR), and two more international accords were all accepted by the UN General Assembly in December 1966.
The Human Rights Committee is in charge of overseeing the International Covenant on Civil and Political Rights (ICCPR).
The term “the International Covenants” is frequently used to describe them.
The Universal Declaration of Human Rights, these two Covenants, and other related texts make form the International Bill of Human Rights.
The Universal Declaration of Human Rights is frequently cited as having affected international human rights law. Many modern, approved international human rights agreements were modelled after the 1948-ratified UDHR. Whether we are working to solve injustices, end hostilities, live in oppressed nations, or fight to guarantee that everyone may exercise their human rights, it continues to serve as an inspiration for all of us.
International Human Rights Charter.
International human rights legislation is based on the International Bill of Human Rights. Many fundamental human rights are included in the Bill’s provisions, which also provide methods to monitor how nations are implementing these rights.
Other Essential tools:
Numerous more fundamental human rights documents address various topics. They consist of the following:
- The ICERD is a global agreement that outlaws any racial discrimination.
- The CEDAW is a convention that outlaws gender discrimination in all of its manifestations.
- The CRPD, or Convention on the Rights of People with Disabilities; the International Convention on the Mitigation of the Effects of Nuclear Weapons (ICMW);
- The Convention against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment, often known as the OP-CAT, is a legal document.
It represents the widely accepted idea that these liberties and rights are unalienable, that they all apply to everyone equally, and that each and every person is born free and endowed with the same regard for others as themselves.
On December 10, 1948, the international community vowed to uphold justice and dignity for all people, irrespective of their gender, nationality, or place of residence, as well as their race, color, and religion.
Chairman, Railway Board v. Chandrima Das[4] is a key case demonstrating how the UDHR is applied by our nation’s legal system and highlights how the UDHR and its guiding principles are applied in domestic law. The Supreme Court ruled that both citizens and other people are guaranteed all of the fundamental and basic human rights enumerated in the UDHR of 1948 by our Constitution. The Constitution’s Part III contains the chapter on Fundamental Rights.
What does the global human rights framework look like?
Several organizations that operate globally and at different levels make up the international human rights framework. Despite having the same objectives, various groups may function very differently. You may define the “framework” as the multiple groups and organizations working to advance and defend human rights on a local, national, or even worldwide level.
Through a number of institutions, the UN works to advance and preserve human rights on a global basis. At the regional level, several organizations seek to solve specific human rights issues.
Not long after the United Nations was founded, its General Assembly approved and proclaimed the Universal Declaration of Human Rights.
AIR 1984 SC 667, at 671, Gramophone Co. of India Ltd. v. Birendra Bahadur Pandey[5] Insofar as they do not contradict with Acts of Parliament, the Community of Nations mandates that Rules of International Law be incorporated into Municipal Law, even in the absence of specific legislative authorisation. However, in the case that they do conflict, the Republic’s integrity, sovereignty, and supremacy over the laws of other countries cannot be compromised—except to the extent that this is constitutionally allowed by the constituted legislatures themselves. International legal norms are regarded as a component of domestic law and are incorporated into domestic legislation in accordance with the incorporation concept.
CONCLUSION
The international community decided that there should be rights because there were violations of men’s human rights everywhere, including White supremacy and the oppression of women, the denial of women’s right to free speech and expression, the exploitation of Black people in the United States (who were treated like slaves and did not have the status of Human Beings), upper caste discrimination against Schedule Caste and Schedule Tribe people in India, etc.
Even though it has no legal restrictions, every country recognizes the UDHR as a moral rule of conduct. The Bangalore Principles state that when there is a vacuum in domestic law, courts must consider and apply the core principles of international human rights law. It is possible to defend refugees’ rights by categorizing them as human rights in general because India doesn’t have a special statute that does so. The Bangalore Principles limit their application if they are in disagreement with national legislation.
The Indian legal system has adopted foreign legal ideas to provide residents better human rights laws.
Numerous Indian Court rulings reflect these norms. Other pieces of legislation have been passed, including the National/State Human Rights Commissions Constitution, the Human Rights Courts, and the Human Rights Act of 1993.
Several international human rights treaties have been ratified by India. The struggle to uphold these international legal norms on human rights has led to all of these changes in the Indian legal system.
[1] https://www.ohchr.org/en/instruments-and-mechanisms/international-human-rights-law last seen on 27/08/2023.
[2] https://www.socialworkin.com/2022/10/global-issues-human-rights.html?cv=1 last seen on 28/08/2023.
[3] [3] https://www.un.org/en/global-issues/human-rights#:~:text=International%20human%20rights%20law%20lays,freedoms%20of%20individuals%20or%20groups. last seen on 28/08/2023.
[4] The chairman, railway board and ors. v. Chandrima das and ors 28/01/2000
[5]Gramophone Co. of India Ltd v. Birendra Bahadur Pandey AIR 1984 SC 667
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