International human rights law

International human rights law is a common standard for all peoples and nations, which outlines basic civil, political, economic, social, and cultural rights. By signing international treaties and following global standards set by the United Nations (UN) and other international coalitions, governing bodies assume obligations under international law to respect and protect human rights. This also means that government policies should not restrict or interfere with human rights. On December 10, 1948, the General Assembly of the UN adopted the Universal Declaration of Human Rights, which stated that "all human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood."

Human rights outlined in the declaration include the following:

freedom from slavery and servitude

freedom from torture or cruel and inhuman punishment

the right to recognition everywhere as a person before the law, and the right to due process of law

freedom from arbitrary arrest or exile

the right to be presumed innocent until proved guilty

the right to privacy

freedom of movement and residence

freedom of thought, religion, and association

the right to peaceful assembly

the right to take part in the government of one's country

The General Assembly worked toward the near-universal acceptance of three major international human rights documents: the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR). The latter two were adopted in 1966. Together, these three documents are considered the International Bill of Human Rights.

Brief History

The roots of human rights advocacy can be traced back to the French Revolution. Civil and political freedoms are considered first generation human rights. Socioeconomic equality is considered a second generation human right. In the eighteenth and nineteenth centuries, the struggle for third generation human rights emerged. Third generation human rights involve liberation from authoritarian oppression and the struggle for free speech, freedom of religion, and the right to vote. As the industrializing world gave rise to increased economic inequality, the struggle for socioeconomic rights also became important.

The first international legal standards were adopted under the International Labour Organization (ILO). The organization was founded in 1919 as part of the Peace Treaty of Versailles, which officially ended World War I (1914–1918). The organization felt that social justice issues could not be ignored if the world was to achieve lasting peace. Members thought less exploitation would lead to less civil unrest. The ILO constitution implemented worker protections like limits on hours worked and safeguards against injury, illness, and child labor. The League of Nations also attempted to establish its own human rights system after the First World War, but that effort was abandoned when World War II (1939–1945) broke out. The United Nations, the successor to the League of Nations, was formed after the Second World War, to preserve peace and to try to prevent a repeat of the atrocities committed during Adolf Hitler's reign.

Human rights protections were part of the Charter of the United Nations, which was adopted in 1945, and part of the International Bill of Human Rights treaties that were subsequently adopted by UN member states. All 192 UN member states are bound by the charter, but only the states that have ratified the International Bill of Human Rights treaties must observe the rules therein.

The ICCPR requires governments to work at all levels to protect the rights discussed in the treaty and to find solutions when those rights are violated. It abolishes all forms of slavery and servitude for member states and protects the citizens of these states from unlawful arrest or detention. The covenant also lays out reporting requirements for member states. It outlines procedures for hearings before the committee if citizens feel their human rights have been violated. Adopted in 1966 and implemented in 1976, the ICCPR had seventy-four signatories as of October of 2015. The ICESCR, adopted that same year, covers public policy issues, such as working conditions; adequate food, clothing, and housing; and health and educational concerns.

Other key human rights treaties include the International Convention on the Elimination of All Forms of Racial Discrimination (CERD), which was also adopted in 1966. During the late twentieth century and early twenty-first century, more treaties were created to address the rights of particular groups. These included the Convention on the Elimination of All Forms of Discrimination against Women (1979), the Convention on the Rights of the Child (1989), and the Convention on the Rights of Persons with Disabilities (2006).

During the Cold War era, Western democracies prioritized first generation human rights, dismissing second generation human rights as socialism. However, in the developing world, economic growth was often prioritized over civil and political rights. It was not until after the Berlin Wall fell that socioeconomic issues started to gain more attention. In 2005, UN Secretary-General Kofi Annan called for the Commission on Human Rights to be replaced by a smaller permanent Human Rights Council. In 2006, the UN General Assembly decided to follow his recommendation, creating the Human Rights Council as a replacement to the Commission on Human Rights.

Impact

In the more than seventy years since the Universal Declaration of Human Rights was approved, the field of international human rights law has changed drastically. Since World War II, major human rights organizations have been formed in Europe, the Americas, and Africa. The Organization of American States (OAS) formed in 1948 to help countries in the Latin and South American regions comply with the Charter of the United Nations and to promote peace and economic development in these areas. Ten Western European States founded the Council of Europe in 1949 with the goal of promoting the rule of law and avoiding a regression into totalitarianism. It was also designed to make a strong statement against communism. In Africa, a human rights system was adopted under the Organisation for African Unity (OAU), which formed in 1963 and later became the African Union (AU) in 2002.

In the twenty-first century, there has been increased emphasis on the individual liability of those responsible for human rights violations, such as genocide, crimes against humanity, and war crimes. The creation of international criminal tribunals, including the International Criminal Court, continues to work toward the goal of holding such persons accountable.

Bibliography

"Fact Sheet No. 2 (Rev. 1), The International Bill of Human Rights." United Nations Human Rights Office of the High Commissioner, www.ohchr.org/Documents/Publications/FactSheet2Rev.1en.pdf. Accessed 10 Apr. 2017.

"FAQ: The Covenant on Civil & Political Rights (ICCPR)." American Civil Liberties Union, www.aclu.org/other/faq-covenant-civil-political-rights-iccpr. Accessed 10 Apr. 2017.

"The Foundation of International Human Rights Law." The United Nations, www.un.org/en/sections/universal-declaration/foundation-international-human-rights-law/index.html. Accessed 10 Apr. 2017.

"International Covenant on Economic, Social and Cultural Rights." Equality and Human Rights Commission, www.equalityhumanrights.com/en/our-human-rights-work/monitoring-and-promoting-un-treaties/international-covenant-economic-social. Accessed 10 Apr. 2017.

"International Human Rights Law." United Nations Human Rights Office of the High Commissioner, www.ohchr.org/EN/ProfessionalInterest/Pages/InternationalLaw.aspx. Accessed 10 Apr. 2017.

"International Human Rights Law: A Short History." Un Chronicle, vol. 46, nos. 1 & 2, Jan. 2009, unchronicle.un.org/article/international-human-rights-law-short-history. Accessed 10 Apr. 2017.

"Origins and History." International Labour Organization, www.ilo.org/global/about-the-ilo/history/lang--en/index.htm. Accessed 11 Apr. 2017.

"Summary: International Covenant on Civil and Political Rights (ICCPR)." Canadian Civil Liberties Association, 27 Oct. 2015, ccla.org/summary-international-covenant-on-civil-and-political-rights-iccpr/. Accessed 11 Apr. 2017.

"Summary of the Key Provisions of the ICC Statute." Human Rights Watch, 1 Dec. 1998, www.hrw.org/news/1998/12/01/summary-key-provisions-icc-statute. Accessed 10 Apr. 2017.

"Treaty of Versailles." History.com, 2009, www.history.com/topics/world-war-i/treaty-of-versailles. Accessed 10 Apr. 2017.