Human Rights: History, Key Treaties, and UN Framework

Posted on Dec 12, 2024 in Law & Jurisprudence

Human rights are the fundamental rights that every person holds from birth to death. These rights are rooted in core values like dignity, freedom, equality, respect, and independence, and are protected by law. Examples include the right to education, life, freedom of speech, health, security, a fair trial, voting, property, and more.

Historical Origins of Human Rights

The origins of human rights lie in centuries of philosophical discussions, with the modern concept taking shape during the Enlightenment (18th century). The notion of “self-evident” rights, derived from natural rights, was central to thinkers such as:

  • St. Thomas Aquinas (13th century): Believed that humans have inalienable rights because they are created in the image of God.
  • John Locke (17th century): Argued that reason confers intrinsic rights upon humans, independent of religion. His social contract theory suggested that governments must respect these rights in exchange for citizens’ obedience.
  • Immanuel Kant: Argued that moral dignity, based on reason, demands that people be treated as ends in themselves, not as means. This idea laid a foundation for respecting individual dignity in justice.
  • Utilitarianism and Consequentialism: Philosophers like Jeremy Bentham and J.S. Mill argued that maximizing the common good could justify restrictions on individual rights if it produced greater benefits.
  • Karl Marx: Viewed individual rights as tools of the elite to maintain control and economic inequality, focusing more on social hierarchies than individual dignity.
  • Cultural Relativism: Questions the universality of human rights, suggesting that they are often based on Western values and may not align with other cultural contexts, ignoring local traditions and norms.
  • Feminism: Feminist theorists argue that traditional rights frameworks are male-centered and may overlook women’s needs. They advocate for an inclusive approach that addresses gender dynamics and social inequalities.

Philosophical Debates and the Rule of Law

Human rights originated in philosophical debates over centuries, centering around ideas of liberty, dignity, and the rule of law:

  • Concept of Rule of Law: The rule of law introduced the idea that absolute power (whether of a sovereign, government, or parliament) should be limited. This was linked to natural law and religious doctrines that prescribed ethical boundaries.
  • Religious Influence: Religious traditions set standards for ethical conduct and rights. Many argue that religious laws, like Sharia law in Islamic states, contain foundations for what we now see as human rights.
  • Basic Rights for Protection Against Power: Around the world, political and religious traditions emphasized fairness from rulers and protections for individuals’ private lives and property. Several historic documents laid the foundation for modern human rights by establishing basic protections:
  • Cyrus Cylinder (539 BC): Allowed religious freedom and humane treatment of captured soldiers, considered an early human rights statement.
  • Magna Carta (1215, England): Limited the king’s powers and guaranteed rights like equality before the law and property protection.
  • Declaration of Arbroath (1320, Scotland): Asserted the right to liberty.
  • Habeas Corpus Act (1679, England): Protected against unlawful imprisonment by requiring a court’s judgment before detainment.
  • English Bill of Rights (1688): Provided minimal rights, laying a groundwork for later civil liberties.

Liberty and Rights Theories

Liberty and Rights Theories emerged to structure the relationship between the state and individuals:

  • Liberty Theories: Individuals are free from arbitrary interference by the state.
  • Rights Theories: The state has a duty to respect inherent rights of individuals.

18th-Century Revolutions and the Rise of Rights

The 18th-century American and French Revolutions cemented rights as central to democratic principles:

  • American Revolution (1776): The Declaration of Independence asserted that “all men are created equal” with inalienable rights to life, liberty, and the pursuit of happiness, and established the U.S. as a democracy with government by consent.
  • American Constitution (1789) and Bill of Rights (1791): Provided legal protections for freedoms of speech, religion, and due process.
  • French Revolution (1789): The Declaration of the Rights of Man and Citizen introduced rights based on equality, liberty, and the rule of law, inspiring similar rights protections across Europe.

19th Century: Abolition of Slavery and Social Movements

The 19th-century abolition of Slavery: The anti-slavery movement became an international human rights issue. The UK and US abolished the transatlantic slave trade. The 13th Amendment abolished slavery in the US. In 1929, freedom from slavery was formalized as a human right in the Anti-Slavery Convention, and today it is recognized under Customary International Law (CIL).

Rise of Utilitarian and Consequentialist Movements Expansion of Social Movements: Social movements such as trade unions and suffrage campaigns advocated for economic and social rights, like fair labor conditions and women’s voting rights.

Development of International Humanitarian Law

The founding of the Red Cross (1863) formalized humanitarian law to protect victims and civilians in armed conflict, leading to:

Geneva Conventions: 1864 (protecting wounded soldiers), 1929 (prisoners of war), 1949 (civilians in war), and later protocols to safeguard victims of both international and internal conflicts.

20th Century: Post-WWI and the League of Nations

Post-WWI (1914–1918): The League of Nations sought to prevent future wars and address minority rights, setting precedents for human rights through treaties protecting minority groups in new nation-states. This framework evolved into modern minority protections, such as the Council of Europe’s Framework Convention for the Protection of National Minorities (1995) and the UN’s Declaration on the Rights of Persons Belonging to Minorities (1995).

Post-WWII Developments and the Formation of the UN

Post-WWII (1939–1945):

The devastation of WWII underscored the failure of minority protection, leading to a stronger commitment to individual rights.

Nuremberg and Tokyo Trials: Marked the first time individuals, not just states, were held accountable under international law. Defined crimes against peace, war crimes, and crimes against humanity, setting a foundation for holding individuals responsible for systematic atrocities. Rejected immunity based on following orders, upheld in institutions like the International Criminal Court (ICC).

Formation of the UN: Established in 1945 in San Francisco, with human rights protection as a core aim in its Charter. Prioritized natural rights and individual rights as essential for global peace and established mechanisms to promote and protect human rights universally, cementing the international human rights framework we have today.

The UN Framework and the Replacement of the League of Nations

Replacement of the League of Nations: The United Nations (UN) replaced the League of Nations in 1945 to address severe human rights violations and protect state sovereignty. Before this, human rights protections were inconsistent and limited to specific treaties targeting minority and vulnerable groups.

Preamble of the UN Charter (1945): The Charter’s preamble emphasized goals like preventing war, affirming human dignity, equality, and promoting social progress and justice globally. It expressed a commitment to building a world based on tolerance, peace, and cooperative security among nations. The UN operates under subsidiarity, stepping in only when a state is unwilling or unable to protect human rights, as in cases of international humanitarian law (IHL) violations.

ARTICLE 1: To maintain international peace and security, prevent and remove threats to the peace, suppress acts of aggression, develop friendly relations based on respect for the principle of equal rights and self-determination, achieve international cooperation in solving international problems, and promote and encourage respect for Human Rights and Fundamental Freedoms.

The Universal Declaration of Human Rights (UDHR), adopted by the UN General Assembly, established a broad list of civil, political, economic, social, and cultural rights. Although non-binding, it has influenced global human rights laws, becoming customary international law over time, which means its principles are widely recognized and binding on all states.

Other UN Specific Treaties

To address specific human rights concerns, the UN created various treaties, each targeting particular groups or types of rights violations:

International Convention on the Elimination of All Forms of Racial Discrimination, International Convention on the Elimination of All Forms of Discrimination Against Women (1979), International Convention Against Torture (1984), International Convention on the Rights of the Child (1989), International Convention on the Rights of Migrant Workers and Their Families (1990), International Convention for the Protection of All Persons from Enforced Disappearance (2006), International Convention on the Rights of Persons with Disabilities (2008).

Regional Level Agreements

  • Council of Europe (1949)
    • European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR, 1950)
    • European Social Charter (European Committee of Social Rights)
    • European Court of Human Rights
  • European Union (EU)
    • EU Charter of Fundamental Rights (2000)
    • Court of Justice of the European Union (CJEU) (Interprets Charter)
    • Fundamental Rights Agency (FRA) (advisory functions on the rights)
  • Organization of American States (OAS)
    • American Convention of Human Rights (1969)
    • Human Rights Commission
    • Human Rights Court
  • African Union (AU)
    • African Charter of Human Rights and Peoples Rights (1981)
    • Human Rights Commission
    • Human Rights Court
  • League of Arab States
    • Arab Charter on Human Rights (1994)
    • Reporting Committee
  • Association of Southeast Asian Nations (ASEAN)
    • Human Rights Declaration (2012)
    • Intergovernmental Commission on Human Rights (2009)

Categories of Rights

TODAY: “Indivisible, interrelated and interdependent” → UNGA Vienna Declaration (1993)

Historically they have been classified as different types of rights:

  1. First generation: Civil and political rights focus on individual freedoms and are often called “negative rights” because they require the state to refrain from actions that would violate personal freedoms. These rights are often justiciable (legally enforceable), meaning they can be upheld and interpreted in court, and violations can be directly challenged.
    Example: Life, freedom from torture and arbitrary detention, privacy, freedom of expression…
  2. Second generation: Social, economic, and cultural rights are “positive rights” because they require proactive state action to ensure individuals can access essential services and resources. Traditionally seen as non-justiciable, not easily enforceable in court. They often involve issues that may be left to government policy rather than judicial decisions.
    Example: Food, housing, education, and employment rights…
  3. Third generation: Solidarity rights address the well-being of communities and the global population. This area is still developing, with a broader, less individualized scope than the other two rights. This type often involves balancing the interests of different groups or communities.
    Example: Development, peace, a healthy environment, sharing in the exploitation of the common heritage of mankind, communication and humanitarian assistance, group rights…

The Adoption of the UDHR in 1948

While groundbreaking, the UDHR is non-binding, meaning countries are not legally required to follow it. However, it represents a global consensus on fundamental rights. The original intention was to create a binding treaty, but due to differing member state views, the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR) were adopted in 1966. They took another decade to gain enough ratifications to come into force in 1976. Although UDHR provisions are non-binding, they have influenced Customary International Law (CIL), with some provisions recognized as binding. The preamble emphasizes the inherent dignity and equal rights of all individuals, principles essential to freedom, justice, and peace.

Universal Declaration of Human Rights (UDHR)

The Universal Declaration of Human Rights (UDHR) is a foundational document that establishes a global standard for human rights, influencing national laws and international treaties despite being non-binding. It asserts that human rights are inherent and inalienable to all individuals, transcending cultural differences. Recognized as customary international law, it serves as a benchmark for assessing human rights accountability and has been widely adopted and translated, reinforcing its universal relevance.

International Covenant on Civil and Political Rights (ICCPR)

The International Covenant on Civil and Political Rights (ICCPR), adopted by UNGA Resolution 2200 A (XXI), aims to ensure the protection of civil and political rights for individuals. It includes two optional protocols: one for individual complaints and the second concerning the abolition of the death penalty.

Obligations of State Parties: Under Article 2, states must ensure recognized rights for all individuals within their jurisdiction, adopting necessary measures if existing laws are inadequate.

Rights and Freedoms: The ICCPR expands on the UDHR, detailing rights such as the right to life, prohibition of torture and slavery, fair trial rights, protection of minorities, and freedoms of thought, expression, and assembly.

Implementation Mechanism: The Human Rights Committee monitors compliance through state reports, individual communications (after local remedies are exhausted), and inter-state communications regarding obligations.

International Covenant on Economic, Social and Cultural Rights (ICESCR)

The International Covenant on Economic, Social and Cultural Rights (ICESCR), also adopted by UNGA Resolution 2200 A (XXI), focuses on ensuring the realization of economic, social, and cultural rights.

State Obligations: States are required to take progressive steps towards realizing these rights using maximum available resources and to guarantee non-discriminatory enjoyment of these rights.

Recognized Rights: Includes rights to work, social security, family protection, an adequate standard of living, health, education, and participation in cultural life.

Implementation Mechanism: The Committee on Economic, Social and Cultural Rights monitors compliance through periodic state reports and has an optional protocol allowing for individual complaints and inquiries into violations.

9 Core Human Rights Treaties

ICERD, ICCPR, ICESCR, CEDAW, CAT, CRC, ICMW, CPED, CRPD

UN Human Rights Organizational Structure

The UN Human Rights Organizational Structure is grounded in the UN Charter, with various organs fulfilling distinct roles in promoting and protecting human rights.

UN Charter: The Charter recognizes human rights as essential to international law, making their protection a fundamental UN goal (Article 1).

Security Council (UNSC): The UNSC is responsible for maintaining international peace and security, supporting self-determination, and addressing human rights violations through:

Enforcement Actions: Authorizing peacekeeping missions and humanitarian assistance, and intervening militarily to protect civilians.

Resolutions: Condemning human rights violations and imposing sanctions on offending states, though permanent members often evade sanctions.

General Assembly (UNGA): The UNGA has broad authority over human rights issues (Article 13), including:

  • Studies & Recommendations: Promoting cooperation in various sectors to advance human rights.
  • Resolutions and Declarations: Calling for ratifications of human rights covenants and issuing non-binding declarations.
  • Support to Member States: Providing logistical and technical support to help states fulfill their human rights obligations.

International Court of Justice (ICJ): Established under Article 92 of the UN Charter, the ICJ adjudicates contentious cases and provides advisory opinions on human rights law, with a panel of 15 judges elected by the UNGA and UNSC.

Economic and Social Council (ECOSOC): Mandated by Article 62(1) of the UN Charter, ECOSOC advances sustainable development and promotes human rights through:

  • Research and Recommendations: Initiating studies on social and economic issues.
  • Coordination: Overseeing UN programs and facilitating inter-sectoral cooperation.
  • Special Committees: Operating bodies like the Commission on the Status of Women, focusing on gender equality and women’s rights.

The Human Rights Council (HRC)

The Human Rights Council (HRC) is a key UN body established in 2006 to promote and protect human rights worldwide, succeeding the former Commission on Human Rights. The HRC is composed of 47 member states elected for geographical balance, with a mechanism to suspend members for gross human rights violations (e.g., Russia in 2022). It meets three times a year for a minimum of 10 weeks and can hold additional special sessions to address urgent human rights situations.

  1. Promotion and Protection of Human Rights: The HRC discusses global human rights issues and makes recommendations to the UN General Assembly.
  2. Forum for Dialogue: It serves as a platform for states and stakeholders to discuss thematic human rights issues.
  3. Universal Periodic Review (UPR): A peer review mechanism that assesses each UN member state’s human rights record every 4.5 years.
  4. Education and Implementation: Advocates for human rights education and supports states in meeting their human rights obligations.
  5. Preventing Violations: Works proactively to prevent and respond to human rights violations.
  6. Collaboration: Engages with international and national bodies, enhancing its effectiveness in addressing human rights issues.

Subsidiary Bodies:

  • UPR: Evaluates member states’ human rights records through interactive dialogue.
  • Special Procedures: Independent experts investigate specific human rights issues and report findings.
  • Advisory Committee: A think tank providing recommendations on thematic human rights issues.
  • Complaint Procedure: A mechanism allowing individuals and NGOs to report human rights violations universally.

The High Commissioner, currently Mr. Volker Turk (2024), is the principal advocate for human rights within the UN, appointed for a four-year term. The role involves:

  • Coordinating UN human rights activities.
  • Providing advisory support to states.
  • Raising public awareness and advocating for human rights globally through engagement and publications.

UN Treaty Bodies (HRTBs)

UN Treaty Bodies (HRTBs) are committees of independent experts responsible for monitoring the implementation of core international human rights treaties by countries. Each HRTB is composed of experts serving four-year terms, who work impartially and are not representatives of any specific country. There are 10 HRTBs, each associated with different human rights treaties, such as those focused on racial discrimination, children’s rights, and the elimination of discrimination against women.

Functions:

  • Reviewing State Reports: On their implementation of treaty obligations, providing constructive feedback and recommendations.
  • Considering Individual Complaints: For alleged human rights violations, reviewing these cases and offering rulings or recommendations.
  • Conducting Country Inquiries: Into significant human rights violations when credible evidence arises.
  • Adopting General Comments: These documents interpret treaty provisions, guiding countries on fulfilling their obligations.
  • Organizing Thematic Discussions: HRTBs hold discussions on specific human rights issues to address challenges and promote best practices.
  • Annual Meetings: To share insights and coordinate with other UN bodies.
  • Strengthening Processes: HRTBs work to enhance their effectiveness and improve interactions with states and individuals.

Treaty-Based Bodies

These bodies are responsible for overseeing the implementation of treaties. Key functions include:

  • State Reports: Countries must submit periodic reports to demonstrate compliance, enabling HRTBs to guide improvements.
  • Individual Complaints: Eight treaty bodies can receive individual complaints after domestic remedies have been exhausted.
  • Country Inquiries: Certain committees can investigate severe human rights abuses based on reliable information.
  • General Comments: Issued interpretations of treaty provisions clarify obligations and encourage best practices.
  • Inter-State Complaints: Some treaties allow states to lodge complaints against one another, although this is rarely used.

Charter-Based Bodies

These derive their authority from the UN Charter and focus on promoting human rights globally.

  • Special Procedures: Independent experts address human rights issues, with numerous thematic and country-specific mandates. Functions include country visits, communications on individual cases, standards development, and advocacy.
  • Individual Complaints Mechanism: This universal mechanism addresses severe human rights violations in any UN Member State, regardless of treaty ratification.
  • Universal Periodic Review (UPR): Every UN Member State undergoes a review every 4.5 years, assessing actions and receiving recommendations for improvement.
  • UN Mandated Investigative Bodies: These address serious violations of humanitarian and human rights law, including commissions of inquiry and fact-finding missions.