What is International Human Rights Law?
Historical Background
Key Points
9 points- 1.
Universal Declaration of Human Rights (UDHR, 1948): A foundational document, though non-binding, it sets out fundamental human rights to be universally protected and has inspired numerous legally binding treaties.
- 2.
Core Treaties: Includes the International Covenant on Civil and Political Rights (ICCPR), International Covenant on Economic, Social and Cultural Rights (ICESCR), Convention against Torture (CAT), Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), Convention on the Rights of the Child (CRC), and the Genocide Convention.
- 3.
Principles: Universality (rights apply to everyone), inalienability (rights cannot be taken away), indivisibility (all rights are equally important), interdependence (rights are interconnected), and equality/non-discrimination.
- 4.
State Obligations: States have obligations to respect (refrain from interfering with rights), protect (prevent third parties from violating rights), and fulfill (take positive action to facilitate the enjoyment of rights) human rights.
- 5.
Monitoring Mechanisms: UN human rights treaty bodies (committees of experts), the Human Rights Council, and the Universal Periodic Review (UPR) process monitor compliance of states with their human rights obligations.
- 6.
Regional Systems: Regional human rights systems exist in Europe (European Court of Human Rights), the Americas (Inter-American Court of Human Rights), and Africa (African Court on Human and Peoples' Rights).
- 7.
Individual Accountability: International criminal law (e.g., through the ICC) holds individuals accountable for grave human rights violations like genocide, crimes against humanity, and war crimes.
- 8.
India's Commitment: India is a signatory to many core human rights treaties and its Constitution contains a robust Bill of Rights (Fundamental Rights in Part III) and Directive Principles of State Policy (Part IV) that reflect human rights principles.
- 9.
Non-derogable Rights: Certain rights, such as the right to life and freedom from torture, cannot be suspended even in times of public emergency.
Visual Insights
Development of International Human Rights Law
Timeline showing the key milestones in the development of international human rights law.
International Human Rights Law developed after World War II to protect people from abuse by their own governments.
- 1945United Nations (UN) established with the promotion of human rights as a core purpose.
- 1948Universal Declaration of Human Rights (UDHR) adopted.
- 1966International Covenant on Civil and Political Rights (ICCPR) and International Covenant on Economic, Social and Cultural Rights (ICESCR) adopted.
- 1979Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) adopted.
- 1989Convention on the Rights of the Child (CRC) adopted.
- 2002International Criminal Court (ICC) established.
- 2024UN Human Rights Council addresses emerging human rights challenges, such as those related to climate change and technology.
- 2026Continued focus on the rights of marginalized groups, including LGBTQ+ individuals and persons with disabilities.
Recent Developments
5 developmentsGrowing focus on specific rights, such as environmental rights, digital rights, and business and human rights, leading to new legal discussions and frameworks.
Challenges to human rights norms from rising authoritarianism, populism, and state-centric interpretations of sovereignty.
Increased scrutiny of human rights situations through UN mechanisms, regional bodies, and non-governmental organizations (NGOs).
Debates on the extraterritorial application of human rights obligations, particularly concerning actions of states outside their borders.
Impact of new technologies (AI, surveillance) on human rights, prompting calls for new regulations and ethical guidelines.