13.5 The Future for International Human Rights Law

Overview of International Human Rights Law

Traditional Focus of Human Rights Law

  • The traditional focus of human rights law is primarily on individual rights.

    • Individual Rights: Rights that pertain to individuals and their freedoms.

Evolution of Human Rights Concepts

  • Over time, there has been a greater acceptance of the notion that human rights also encompass collective or group rights.

    • Collective rights are sometimes referred to as “third generation” rights.

    • Examples of collective rights include:

    • The right of a people to be free from genocide.

    • The 2007 United Nations Declaration on the Rights of Indigenous Peoples, which recognizes collective human rights.

Third Generation Human Rights

Right to a Healthy Environment

  • Another significant third generation human right is the right to a healthy, clean, or sustainable environment.

    • This right is interconnected with several existing rights, such as:

    • The right to life.

    • The right to respect for one’s home and family life.

    • The right to necessities of life, such as food and water.

  • Notable developments regarding this right include:

    • In 2017, the Inter-American Court of Human Rights issued an influential opinion recognizing that the right to a healthy environment is a human right.

    • In October 2021, the UN Human Rights Council formally recognized the right to a clean, healthy, and sustainable environment as a human right.

International Litigation and Climate Change

Petition Against Government Inaction

  • In 2019, a group of 16 young people, including Greta Thunberg, filed a petition with the UN Committee on the Rights of the Child.

    • The petition alleged that government inaction to protect children from the impacts of climate change violated their human rights.

    • The petitions were declared unsuccessful in October 2021.

    • Despite the outcome, the actions opened avenues for potential future international litigation.

Obligations of States Under International Human Rights Law

  • International human rights law imposes obligations on states and governments to:

    • Respect.

    • Protect.

    • Fulfill their human rights treaty obligations.

Primary Responsibility for Violations

  • States bear the primary responsibility for violations of human rights.

Business and Human Rights Movement

Growing Recognition of Risks in Business

  • The “Business and Human Rights” movement increasingly recognizes the risks arising from international business activities, especially when states are less capable or willing to regulate the overseas activities of transnational companies.

  • In 2011, after extensive consultation, the UN adopted the “Guiding Principles on Business and Human Rights”, which are designed to protect, respect, and remedy human rights abuses stemming from business practices.

Corporations and Human Rights

Corporate Beneficiaries of Human Rights

  • Corporations can also be beneficiaries of international human rights, such as:

    • The right to a fair trial.

    • The right to freedom of expression, including freedom of the press.

  • However, not all human rights are applicable to corporate entities.

    • Future Questions: This raises questions regarding the extent to which non-human entities—like corporations, nature, ecosystems, and animals—can possess rights similar to human rights.

The International Criminal Court (ICC)

Establishment and Role

  • In 2002, the world's first permanent International Criminal Court (ICC) opened in the Netherlands.

    • The ICC is currently supported by 123 states, including Canada.

    • Its mandate is to prosecute individuals most responsible for serious violations of human rights, specifically through the commission of:

    • Crime of aggression.

    • Genocide.

    • Crimes against humanity.

    • War crimes.

Future Directions for Human Rights International Law

Universal Human Rights Court

  • The establishment of the International Criminal Court, alongside the success of regional human rights courts, has revitalized the idea of a universal “World Court of Human Rights.”

  • A proposed statute for creating a World Court of Human Rights was developed in 2010 and later supported by Switzerland.

  • However, there is reluctance among many states, who are more focused on:

    • Improving domestic implementation of international law.

    • Efforts to localize global human rights principles and bring them home.