13.1 International Human Rights Law Study Notes
Introducing International Human Rights Law
Definition of Human Rights:
Rights inherent to all human beings, irrespective of race, sex, nationality, ethnicity, language, religion, or any other status.
Field of International Human Rights Law (IHRL):
Aims to provide global legal protection for the rights possessed by individuals subsequently to their humanity.
Establishes obligations for states and governments to:
Protect basic fundamental rights of civil and political nature.
Uphold rights of economic, social, and cultural nature.
IHRL operates as a specialized field within the broader international law framework.
Definition of International Law
Scope:
Differentiates from Canadian law by focusing on law governing relations among states.
Constitutes a system of principles and rules intended to regulate interactions between sovereign states and other international entities such as organizations.
Example: The United Nations, composed of 193 state members.
Characteristics of International Law:
Directly involves states as the principal actors within the international legal system.
Formation of international law originates from states represented by their governments.
Lacks a central law-making authority (like a World Parliament).
Absence of centralized enforcement mechanism; no global police exists.
Conflicts are primarily resolved through diplomacy and negotiation rather than judicial courts.
Operates on the basis of self-interest of states wishing for order instead of chaos.
Some states also act based upon a sense of moral or ethical obligation.
Development of the Field of International Human Rights Law
Historical Context:
Recognized starting point: The atrocities of World War II.
Prior to WWII, rights and responsibilities were regarded solely under national law.
The Nuremberg Trials marked a shift toward holding individuals liable for crimes under international law.
Following WWII, the establishment of the United Nations in 1945 underscored the commitment to affirming universal human rights.
The United Nations and Human Rights
UN Charter:
Serves as the foundational legal document guiding the UN’s structure and functions.
Finalized during the San Francisco conference in 1945.
Although there was a consensus on upholding human rights, detailed negotiations on the rights themselves required further time.
Commission on Human Rights:
Established in 1946, led by Eleanor Roosevelt, to draft a declaration for universally recognized human rights.
Universal Declaration of Human Rights (UDHR):
Adopted on December 10, 1948, by the UN General Assembly.
Defines basic standards for human dignity using clear, accessible language.
While not a legally binding document, it serves as a vital source of policy and inspiration, influencing treaties and national constitutions.
Key Human Rights Recognized in the UDHR
Core Rights Listed:
Right to life, liberty, and security of the person.
Right to be free from slavery, torture, and mistreatment.
Right to equality before the law and a fair public hearing.
Right to privacy.
Right to freedom of movement and to have a nationality.
Right to marry and found a family.
Right to own property.
Right to freedom of thought, conscience, and religion.
Right to freedom of opinion and expression.
Right to peaceful assembly and association.
Right to work, to choose employment, and protection against unemployment.
Right to an adequate standard of living, including health and well-being.
Right to education.
Provisions for Rest and Leisure:
Article 24 recognizes the right to rest and leisure, including reasonable limitations of working hours and periodic holidays.
Limitations of Human Rights
Nature of Rights:
Human rights are not absolute; the exercise of one person’s rights is subject to limitations protecting the rights and freedoms of others and society at large.
Article 29(2) of the 1948 Declaration inspired Section 1 of Canada’s 1982 Charter of Rights and Freedoms.
Tasks of the Commission on Human Rights
Objectives:
Develop a draft International Declaration.
Create a draft covenant.
Establish implementation provisions.
Challenges:
The task of developing these declarations faced difficulties amid the Cold War tensions.
Despite the endorsement of the vision within the Declaration in 1948, the Commission transitioned to drafting a legally binding treaty.
This undertaking lasted 18 years, ultimately leading to the adoption of two significant human rights treaties (covenants) in 1966.
The concept of an international court for human rights was deferred for future consideration.