Unit 1 Human Rights: Origin, Evolution, and Key Concepts

Human rights are the fundamental protections and freedoms every person deserves simply because they
are human. These rights ensure dignity, equality, and justice, limiting government power while requiring
states to create conditions for people to thrive. This note explores the definition, historical origins,
evolution, core principles, classifications, violations, and the debate between universalism and cultural
relativism, providing a clear and detailed understanding of human rights.
Defining Human Rights
Human rights are inherent entitlements that belong to every individual by virtue of their humanity,
regardless of race, gender, nationality, religion, or any other status. According to the United Nations
(UN), they are universal, inalienable, and derived from the inherent dignity of the human person. These
rights are recognized and defined through international treaties, national laws, and local regulations,
creating a framework to protect freedoms like speech, life, and education while ensuring fairness and
equality.
Human rights serve two key purposes: they restrict state power (e.g., preventing arbitrary arrests) and
mandate positive actions (e.g., providing access to healthcare). Internationally, they encourage countries
to commit to shared standards, supplement national legal systems, and enable global criticism of
violations often called "mobilizing shame" to pressure non-compliant states. For example, when a
government suppresses free speech, the international community can highlight this to push for change.
Scholarly Perspectives:
●​ Kofi Annan (1997) emphasized that human rights are universal, belonging to all people across
cultures, as they are "foreign to no culture and native to all nations."
●​ Jack Donnelly (1989) argues that human rights are a social construct, shaped by historical,
political, and cultural developments rather than purely natural or divine origins. He sees them as
universal but rooted in human-made agreements.
●​ John Austin (1832) believed rights only exist if enacted by a government’s laws, viewing
unenacted rights as invalid.
●​ Henry Shue (1980) introduced the Basic Rights Theory, stating that rights like security and
subsistence (e.g., food, shelter) are essential prerequisites for enjoying other rights. These are the
minimum demands everyone can make on society.
●​ Amartya Sen (1999) links human rights to human capabilities and the ability to live a valued life.
He critiques Western-centric views, advocating for an inclusive approach that respects economic
and cultural differences.
Sources of Human Rights Law
Human rights law is built on several sources, forming a robust framework under International Human
Rights Law (IHRL), a branch of international law:
●​ International Conventions: Treaties like the Universal Declaration of Human Rights (UDHR,
1948) or the International Covenant on Civil and Political Rights (ICCPR, 1966) that countries
agree to follow.
●​ International Custom: Widely accepted practices, such as prohibitions on torture, genocide,
slavery, and discrimination, binding even without formal treaties.
●​ General Principles of Law: Shared legal concepts across nations, like fairness in trials.
●​ Teachings of Publicists: Expert opinions, which are persuasive but not legally binding.

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 ●​ Judicial Decisions: Court rulings, which are persuasive globally but binding only for specific
cases, as per the Vienna Convention (1969).
These sources, outlined in Article 38(1) of the International Court of Justice (ICJ) Statute, ensure human
rights are grounded in globally recognized standards. For instance, the ban on torture is a customary law,
obligatory for all nations, even those not party to specific treaties.
Origins of Human Rights
The concept of human rights has deep historical roots, emerging from ancient moral principles and
evolving through landmark legal and philosophical developments.
Ancient Foundations
Early civilizations and philosophies laid the groundwork for human rights by recognizing human dignity
and justice:
●​ Mesopotamia (e.g., Code of Hammurabi, ~1754 BCE): Established legal codes focusing on
justice, though not universal rights.
●​ Ancient Philosophies: In India, China, and Greece, thinkers like those in Stoicism promoted
natural law and universal moral principles for all humans. For example, Stoics believed in a
shared human rationality that deserved respect.
●​ Religious Texts: The Bible, Quran, Hindu scriptures, and Buddhist teachings emphasized
compassion, dignity, and ethical treatment. For instance, the Golden Rule (“treat others as you
wish to be treated”) appears across faiths, fostering ideas of fairness.
Medieval and Early Modern Developments
Key documents began limiting state power and recognizing individual protections:
●​ Magna Carta (1215): Signed in England, it restricted the king’s authority, granting barons rights
like fair trials. Though limited to elites, it inspired later constitutional protections.
●​ English Bill of Rights (1689): Codified freedoms like speech and protection from cruel
punishments, strengthening parliamentary power over the monarchy.
Enlightenment and Revolutionary Era
The 17th and 18th centuries saw philosophical and political revolutions that shaped modern human rights:
●​ Enlightenment Philosophers:
○​ John Locke argued that individuals have natural rights to life, liberty, and property,
which governments must protect.
○​ Jean-Jacques Rousseau emphasized the social contract, where governments derive
authority from the people’s consent.
○​ Immanuel Kant advocated for universal moral laws and individual autonomy,
foundational to human dignity.
●​ American Declaration of Independence (1776): Declared “unalienable rights” to life, liberty,
and the pursuit of happiness, influencing global rights movements.
●​ French Declaration of the Rights of Man and of the Citizen (1789): Proclaimed universal
rights to liberty, property, security, and resistance to oppression, inspired by the French
Revolution.
Evolution of Human Rights
Human rights evolved through social movements, global conflicts, and international cooperation,
expanding their scope and enforcement.
19th Century: Social and Humanitarian Progress

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 ●​ Abolition of Slavery: Moral and economic campaigns led to global efforts to end slavery,
culminating in treaties like the Slavery Convention (1926). For example, Britain’s Slavery
Abolition Act (1833) and the U.S. Emancipation Proclamation (1863) marked major milestones.
●​ International Humanitarian Law (IHL): The Geneva Conventions (1864, 1906, 1929)
established protections for war victims, such as wounded soldiers and prisoners, laying
groundwork for human rights in conflicts.
●​ Early Social Movements: Labor movements fought for fair wages and working conditions, while
women’s rights advocates, like those at the Seneca Falls Convention (1848), demanded suffrage
and equality.
Early 20th Century: Global Cooperation
●​ League of Nations (1919): Established after World War I, it introduced early human rights
mechanisms, such as minority protections, though its impact was limited due to weak
enforcement and geopolitical tensions.
Post-World War II: Modern IHRL
The atrocities of World War II, particularly the Holocaust, spurred a global commitment to codify human
rights:
●​ United Nations (1945): Founded to promote peace and human dignity, the UN became the
primary platform for human rights development.
●​ Universal Declaration of Human Rights (UDHR, 1948): Adopted by the UN General
Assembly, the UDHR outlined 30 articles of universal rights, including life, liberty, education,
and freedom from torture. Though non-binding, it set a global moral standard.
●​ International Covenants (1966):
○​ International Covenant on Civil and Political Rights (ICCPR): Protects rights like
free speech, voting, and fair trials.
○​ International Covenant on Economic, Social and Cultural Rights (ICESCR):
Ensures rights like education, health, and work.
○​ Together with the UDHR, these form the International Bill of Human Rights, creating
legally binding obligations for signatory states.
1950s–1990s: Expansion and Specialization
●​ Regional Human Rights Systems:
○​ European Court of Human Rights (1959): Enforces the European Convention on
Human Rights, addressing issues like privacy and expression.
○​ Inter-American Court of Human Rights (1979): Protects rights in the Americas,
tackling cases like forced disappearances.
○​ African Charter on Human and Peoples’ Rights (1981): Emphasizes collective and
individual rights, reflecting African values.
●​ UN Conventions: Specialized treaties addressed specific issues:
○​ Convention on the Elimination of Racial Discrimination (CERD, 1965): Bans racial
discrimination.
○​ Convention on the Elimination of Discrimination Against Women (CEDAW, 1979):
Promotes gender equality.
○​ Convention Against Torture (CAT, 1984): Prohibits torture and cruel treatment.

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 ○​ Convention on the Rights of the Child (CRC, 1989): Protects children’s rights to
education, health, and safety.
Contemporary Developments (1990s–2025)
●​ International Criminal Law: Tribunals for Rwanda and Yugoslavia (1990s) and the
International Criminal Court (ICC, 2002) hold individuals accountable for crimes like genocide
and war crimes, complementing state-focused IHRL.
●​ Emerging Issues: New challenges include:
○​ Digital Rights: Protecting privacy and freedom in the age of surveillance and AI.
○​ Environmental Rights: Recognizing the right to a healthy environment, with lawsuits
against governments for climate inaction.
○​ LGBTQ+ and Indigenous Rights: Expanding protections for marginalized groups.
●​ Universal Periodic Review (UPR, 2006): A UN mechanism that reviews every country’s human
rights record every 4–5 years, promoting accountability through peer pressure.

Principles and Characteristics of Human Rights

Human rights are guided by core principles and characteristics that define their nature and application.
Principles
●​ Human Dignity: Rights stem from the inherent worth of every person.
●​ Equality: All individuals have equal rights.
●​ Non-discrimination: No one should face unfair treatment based on race, gender, or other traits
(UDHR).
●​ Universality: Rights apply to everyone, everywhere (UDHR, Art. 1).
●​ Indivisibility: All rights—civil, political, economic, social—are equally important (Vienna
Declaration, 1993).
●​ Interdependency and Interrelatedness: Rights rely on each other; for example, free speech
depends on press freedom, and life depends on food access.
●​ Inalienability: Rights cannot be taken away, except in specific legal circumstances (ICCPR).
●​ Accountability: States and institutions must answer for violations, through bodies like the UN
Human Rights Council or regional courts.
Characteristics
●​ Inherent: Rights exist because you’re human, not because a government grants them.
●​ Fundamental: They’re essential for a dignified life.
●​ Non-derogable: Some rights, like freedom from torture, cannot be suspended, even in
emergencies (ICCPR, Art. 4(2)).
●​ Dynamic and Evolving: Rights adapt to new challenges, like internet access or climate
protection.
●​ Universal Legal Recognition: Most countries recognize human rights through treaties or laws.
●​ State Obligations: Governments must respect (not violate), protect (prevent violations by others),
and fulfill (actively provide) rights.
●​ Extra-Territorial Application: Rights apply beyond a country’s borders, such as during military
operations abroad.

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 ●​ Progressive Realization: Economic and social rights, like education, can be achieved gradually
as resources improve, unlike civil rights, which require immediate compliance.
Vienna Declaration (1993): This landmark document, adopted at the World Conference on Human
Rights, reaffirmed that all human rights are universal, indivisible, interdependent, and interrelated. It
urged states to treat rights equally, respecting cultural differences but prioritizing global standards.
Classification of Human Rights
Human rights are categorized based on their source, scope, recipients, derogability, and historical
development, providing a framework for understanding their diversity.
By Source
●​ Natural/Moral Rights: Derived from human nature or ethics, like the right to life.
●​ Legal Rights: Codified in laws or treaties, like the right to a fair trial.
By Aspects of Life
●​ Civil and Political Rights: Protect freedoms like speech, voting, and justice (e.g., ICCPR).
●​ Economic, Social, and Cultural Rights: Ensure access to education, health, and cultural
participation (e.g., ICESCR).
By Recipients
●​ Individual Rights: Apply to single persons, like freedom of expression.
●​ Collective Rights: Benefit groups, like indigenous land rights or self-determination.
By Derogability
●​ Derogable Rights: Can be limited in emergencies, like freedom of movement.
●​ Non-derogable Rights: Absolute and non-negotiable, like freedom from torture.
By Struggle (Generations)
Karel Vasak (1979) classified human rights into three generations, later expanded to a debated fourth:
1.​ First Generation (Civil and Political Rights):
○​ Focus on individual freedoms and protection from state abuse.
○​ Known as “blue rights” or “negative rights,” requiring government inaction (e.g., not
censoring speech).
○​ Rooted in 17th–18th century revolutions (e.g., American, French) and documents like the
Magna Carta (1215).
○​ Based on natural rights philosophy (Locke, Rousseau, Kant).
○​ Covered in UDHR (Arts. 2–21) and ICCPR.
○​ Prioritized by Western nations, emphasizing liberty and autonomy.
○​ Philosophers:
■​ John Locke: Governments must protect life, liberty, and property.
■​ Thomas Hobbes: Rights exist within a state’s social contract.
■​ Immanuel Kant: Universal moral laws ensure individual autonomy.
2.​ Second Generation (Economic, Social, and Cultural Rights):
○​ Focus on equality and social justice, like education and healthcare.
○​ Known as “red rights” or “positive rights,” requiring state action (e.g., building schools).
○​ Emerged in the 20th century with socialism and welfare states.
○​ Covered in UDHR (Arts. 22–26) and ICESCR.
○​ Balance Western individualism, addressing inequalities from capitalism.

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 ○​ Example: UDHR Art. 26 guarantees free elementary education.
○​ Philosophers:
■​ Karl Marx: Economic equality is essential for true freedom.
■​ Amartya Sen: Rights enable capabilities to live a valued life.
■​ John Rawls: Fair resource distribution ensures social equality.
3.​ Third Generation (Collective/Solidarity Rights):
○​ Focus on group and global issues, like self-determination, peace, and a clean
environment.
○​ Known as “solidarity rights,” requiring collective action and international cooperation.
○​ Emerged in the 1970s, supported by developing countries seeking global justice.
○​ Covered in UDHR (Arts. 27–28), e.g., a fair international order.
○​ Require state support and positive discrimination (e.g., policies for minorities).
○​ Examples: Rights to development, peace, or protections for ethnic/sexual minorities.
○​ Philosophers:
■​ Frantz Fanon: Advocated self-determination for colonized nations.
■​ Henry Shue: Basic rights (food, safety) underpin all rights.
■​ David Held: Global democracy ensures human rights enforcement.
4.​ Fourth Generation (Emerging Rights):
○​ Speculative rights related to technology, AI, data privacy, and genetics.
○​ Debated—lacking formal recognition in IHRL.
○​ Belong to humanity as a whole, not individuals or groups.
○​ Examples: Protection from digital surveillance or genetic manipulation.
○​ Thinkers:
■​ Shoshana Zuboff: Warns of surveillance capitalism exploiting data.
■​ Yuval Noah Harari: AI threatens human autonomy.
■​ Lawrence Lessig: Calls for cyber laws to protect digital rights.
Human Rights Violations and Crimes
A human rights violation occurs when internationally recognized rights are breached, while a crime is an
act punishable under law. Not all violations are crimes (e.g., denying education may not be criminal), and
not all crimes are violations (e.g., theft may not breach IHRL). However, overlaps exist when violations
are criminalized.

State Obligations
States have three duties:
●​ Respect: Avoid violating rights (e.g., no torture).
●​ Protect: Prevent others (e.g., companies, individuals) from violating rights.
●​ Fulfill: Actively support rights (e.g., provide healthcare).
When Violations Become Crimes
Violations are crimes under:
●​ International Criminal Law: The Rome Statute (1998) defines crimes like genocide (Art. 6),
crimes against humanity (Art. 7), war crimes (Art. 8), and aggression (Art. 8 bis), prosecuted by
the ICC.

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 ●​ Domestic Law: Countries incorporate violations like extrajudicial killings or arbitrary detention
into criminal codes.
Examples of Violations and Corresponding Crimes
●​ Right to Life: Violated by homicide, genocide; crimes include murder or extrajudicial killing.
●​ Freedom from Torture: Violated by torture; crimes under CAT (1984) or Rome Statute.
●​ Freedom from Slavery: Violated by trafficking, forced labor; crimes include enslavement.
●​ Right to Liberty: Violated by unlawful detention; crimes include enforced disappearance.
●​ Non-discrimination: Violated by persecution, apartheid; crimes include hate crimes.
●​ Children’s Rights: Violated by child soldier recruitment; crimes include abuse, trafficking.
●​ Sexual/Reproductive Rights: Violated by rape, forced sterilization; crimes include sexual
slavery.
Jurisprudence
●​ State vs. Individual Responsibility:
○​ State Responsibility: Under IHRL, states are liable for violations, focusing on remedies
(e.g., compensation). Cases like Lopez Burgos v. Uruguay (1981) held states
accountable for actions abroad, and Velasquez Rodriguez v. Honduras (1988) found
states liable for failing to investigate disappearances.
○​ Individual Responsibility: Under international criminal law, individuals face punitive
measures for serious violations, ensuring justice for victims (per Antonio Cassese).
●​ Command Responsibility: Leaders are liable for subordinates’ crimes if they knew or should
have known and failed to prevent or punish them, a principle used in ICC cases.
Challenges
●​ Legal Fragmentation: Varying rules across courts create inconsistencies (e.g., different
definitions of torture).
●​ Impunity: Political actors may shield perpetrators, especially in authoritarian regimes.
●​ Dual Systems: Civil law (e.g., Europe) and common law (e.g., UK) approaches differ,
complicating enforcement.
●​ Evidentiary Thresholds: Criminal law requires proof “beyond reasonable doubt,” while human
rights law uses “balance of probabilities,” affecting outcomes.
Human Rights and Cultural Relativism
The debate between universalism and cultural relativism centers on whether human rights should apply
uniformly or adapt to cultural contexts, affecting their interpretation, implementation, and enforcement.
Universalism
Universalism holds that human rights apply to all people, regardless of culture, geography, or history,
promoting global consistency and accountability. It’s supported by:
●​ Legal Frameworks: UDHR (1948), ICCPR, ICESCR (1966), and regional systems (ECHR,
ACHR, ACHPR).
●​ Customary Law and Jus Cogens: Bans on torture, genocide, and slavery are universally
binding.
●​ Core Principles: Equality (ICCPR, Art. 26), non-derogable rights (e.g., right to life), and erga
omnes obligations (owed to the global community).
Example: The prohibition of torture is absolute, applying everywhere, with no cultural exceptions.

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Cultural Relativism
Cultural relativism argues that human rights must align with a society’s cultural, historical, or legal
context, and imposing universal standards may undermine traditions or sovereignty. It’s supported by:
●​ UN Charter (Art. 2(7)): Protects non-interference in domestic matters, allowing states to
prioritize cultural norms.
●​ Margin of Appreciation: Courts (e.g., ECHR) give states flexibility to apply rights in culturally
sensitive ways.
●​ Reservations: Countries like Saudi Arabia or the UAE make reservations to treaties (e.g.,
CEDAW) when provisions conflict with Sharia law.
Example: Some countries justify practices like polygamy under cultural norms, despite CEDAW’s
equality provisions.
Legal Tensions
Cultural relativism creates conflicts with universal standards:
●​ Gender Equality vs. Traditional Norms: Practices like female genital mutilation (FGM), child
marriage, or honor-based violence violate CEDAW, CRC, and CAT but are defended as cultural
traditions.
●​ Freedom of Expression vs. Blasphemy Laws: Laws criminalizing defamation of religion (e.g.,
in Pakistan) contradict ICCPR’s free speech (Art. 19).
●​ Family and Inheritance Laws: Polygamy, unequal inheritance, or male guardianship systems
challenge non-discrimination principles.
Responses to Conflicts
●​ Differentiated Rights:
○​ Qualified Rights (e.g., privacy, assembly) allow cultural variations through legal limits.
○​ Absolute Rights (e.g., no torture, no slavery) are non-negotiable.
●​ UN Guidance: The Human Rights Committee and CEDAW Committee emphasize that culture
cannot justify core rights violations (e.g., FGM).
●​ Reservations: Permitted under the Vienna Convention (Art. 19) but must not undermine a
treaty’s purpose, as per ICJ and CEDAW Committee rulings.
●​ Legal Approaches:
○​ Contextual Interpretation: Apply rights in ways that respect cultural nuances (e.g.,
ECHR’s approach).
○​ Progressive Realization: Gradually align cultural practices with global standards,
especially for economic rights.

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Unit 2 – International Human Rights Standards and Their Development
2.1 The International Bill of Human Rights
Definition and Components
●​ Core international human rights instruments forming the foundation of modern international
human rights law.
●​ Foundational set of International Human Rights Law (IHRL).
●​ Composed of:
1.​ Universal Declaration of Human Rights (UDHR).
2.​ International Covenant on Civil and Political Rights (ICCPR).
3.​ International Covenant on Economic, Social and Cultural Rights (ICESCR).
●​ Adopted by the United Nations to establish universal standards for human rights and fundamental
freedoms.
Universal Declaration of Human Rights (UDHR)
Background
●​ Aftermath of World War II – on Dec 10, 1948 the General Assembly of the United Nations
adopted the UDHR.
●​ Encompasses 30 articles that address rights and benefits, which have been realized by many yet
remain outside the reach of others.
●​ Covers:
○​ Access to education, employment, fair pay, voting rights, health care.
○​ Freedom of speech, privacy, and mutual respect irrespective of gender, race, ethnicity, or
religion.
●​ Serves as a global roadmap for freedom and equality, protecting the rights of every individual,
everywhere.
●​ Fundamental human rights to be universally protected.
●​ Aims:
○​ Prevent atrocities.
○​ Promote peace.
○​ Protect human dignity globally.
●​ Legal status: Not legally binding, but widely regarded as customary international law.
Objective of UDHR
●​ A common standard of achievement for all peoples and nations.
●​ Recognize and protect the dignity of every human being.
●​ Establish that freedom, justice, and peace depend on this recognition – inherent by virtue of being
human.
●​ Respond to barbaric acts of war and oppression (such as WWII) to prevent recurrence.
●​ Aspire to achieve freedom from fear and want:
○​ Freedom of speech.
○​ Freedom of belief.
○​ Freedom from fear.

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 ○​ Freedom from want.
●​ Emphasize the need for legal systems that protect rights to prevent rebellion against tyranny.
●​ Promote international peace and cooperation – human rights as a bridge for understanding and
mutual respect.
●​ Reinforce UN Charter commitments to uphold human rights and equality.
●​ Highlight that human rights are key to development, prosperity, and personal freedom.
●​ Remind states of their pledge to respect and promote human rights nationally and internationally.
●​ Provide a universal benchmark for measuring progress in human rights.
●​ Promote human rights through education and progressive measures, emphasizing:
○​ Role of education.
○​ Public awareness.
○​ Government action.
Key Articles
Foundational Principles
●​ Art 1 – All humans are born free and equal in dignity and rights.
●​ Art 2 – Rights apply without discrimination (race, colour, sex, language, religion, etc.).
Civil and Political Rights (Art 3–21)
●​ Art 3: Right to life, liberty, and security.
●​ Art 4: No slavery or servitude.
●​ Art 5: No slavery or servitude.
●​ Art 6: Recognition as a person before the law.
●​ Art 7: Equality before the law and protection against discrimination.
●​ Art 8: Right to effective legal remedy.
●​ Art 9: No arbitrary arrest, detention, or exile.
●​ Art 10: Right to a fair and public hearing.
●​ Art 11: Presumption of innocence until proven guilty.
●​ Art 12: Right to privacy, family, home, and reputation.
●​ Art 13: Freedom of movement and residence.
●​ Art 14: Right to seek asylum.
●​ Art 15: Right to nationality.
●​ Art 16: Right to marry and find a family.
●​ Art 17: Right to own property.
●​ Art 18: Freedom of thought, conscience, and religion.
●​ Art 19: Freedom of opinion and expression.
●​ Art 20: Right to peaceful assembly and association.
●​ Art 21: Right to participate in government and free elections.
Economic, Social, and Cultural Rights (Art 22–27)
●​ Art 22: Right to social security.
●​ Art 23: Right to work, fair wages, and unionization.
●​ Art 24: Right to rest and leisure.
●​ Art 25: Right to standard of living, health, food, housing, medical care.

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 ●​ Art 26: Right to education; free and compulsory elementary education.
●​ Art 27: Right to participate in cultural life and protection of intellectual property.
Duties and Final Provisions (Art 28–30)
●​ Art 28: Right to a social and international order for rights to be realized.
●​ Art 29: Duties to the community; rights may be limited only by law for general welfare.
●​ Art 30: No person or state may engage in activity to destroy these rights.
Legal and Moral Significance
●​ Customary international law: Many provisions are binding through state practice and international
norms.
●​ It is a declaration, not a treaty – no enforcement body.
●​ Basis for treaties:
○​ ICCPR.
○​ ICESCR.
●​ Inspiration for national constitutions.
Practical Application
●​ Used in:
○​ International human rights advocacy.
○​ UN mechanisms.
○​ Legal interpretations.
●​ Referenced in:
○​ National court decisions.
○​ International tribunal rulings.
●​ Tool for:
○​ NGOs.
○​ Civil society.
○​ Human rights defenders.
Criticisms
●​ Western Bias – Reflects mainly Western liberal values, focusing on individual rights and giving
less weight to community-based or religious rights important in other cultures.
●​ Non-Binding Nature – As a declaration, it has no legal force; compliance depends on political
will and national laws.
●​ Limited Socio-Economic Detail – Economic and social rights are mentioned vaguely, with no
clear obligations, making them less enforceable.

International Covenant on Civil and Political Rights (ICCPR)

Background
●​ Adopted: 16 December 1966 by UN General Assembly.
●​ Entered into force: 23 March (year not stated here; actual year is 1976).
●​ Nature: Binding treaty guaranteeing civil and political rights.
●​ Part of: International Bill of Human Rights.
●​ Separate from ICESCR: Due to debates over negative rights (civil/political) vs positive rights
(economic/social).

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Preamble
Reflects philosophical and legal foundations of the covenant. It acknowledges:
●​ Inherent dignity and equal, inalienable rights of all members of the human family.
●​ Importance of these rights for freedom, justice, and peace in the world.
●​ Rights derive from the inherent dignity of the human person.
●​ Obligations of states to promote universal respect for, and observance of, human rights.
●​ The ideal of free human beings enjoying civil and political freedom requires conditions where
everyone enjoys economic, social, and cultural rights.
●​ Individuals have duties to others and their community and must promote rights for all.
●​ Connects civil and political rights with human dignity, peace, and responsibility.
Core Principles of ICCPR
●​ Universality – Applies to all human beings without discrimination.
●​ Equality and Non-discrimination – (Art 2 and 26) States must ensure rights equally without
discrimination.
●​ Rule of Law – Rights must be protected by legal systems and be enforceable.
●​ Right to Remedy – Victims of violations must have access to justice.
●​ Respect for Human Dignity – Foundation of all civil and political rights.
●​ State Obligation – States must respect, protect, and fulfill rights.
●​ Derogation only in emergencies – Some rights may be temporarily suspended during public
emergencies (Art 4), but:
○​ Only under strict conditions.
○​ Never for core rights such as the right to life, freedom from torture.
Complaint Mechanisms
1. Individual Complaints – First Optional Protocol
●​ Separate treaty that must be ratified in addition to ICCPR.
●​ Allows individuals to bring complaints to the UN Human Rights Committee (HRC).
●​ Conditions:
○​ Must be a victim of a violation of ICCPR rights.
○​ Must exhaust all domestic remedies first.
○​ Complaints must not be under review by another international body.
●​ Process:
○​ Submit written complaint → HRC checks admissibility.
○​ State responds → HRC considers evidence → Issues views (findings).
●​ Outcome:
○​ Views are not legally binding but are influential and carry political/moral weight.
2. State-to-State Complaints – Article 41
●​ One state can complain about another for violating ICCPR rights.
●​ Only possible if:
○​ Both states have made an optional declaration under Art 41.
●​ The process involves negotiation and conciliation via the HRC.
●​ Recommendations are non-binding.

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 ●​ Rarely used due to political sensitivities.
3. Second Optional Protocol
●​ A separate treaty to abolish the death penalty.
●​ Does not set up a complaint system but adds obligations for states to permanently prohibit
executions (with rare war-crimes exceptions).
Unique Features of ICCPR
●​ Binding treaty – Unlike the UDHR, legally binding on ratifying states.
●​ Human Rights Committee (HRC) – Treaty-based body monitoring implementation, reviewing
periodic state reports.
●​ General Comments – Interpretative guidance on specific rights.
●​ Optional Protocol – Individuals can file complaints if their country ratifies it.
●​ Non-derogable rights – Certain rights (e.g., life, freedom from torture) can never be suspended,
even in emergencies.
Key Articles
●​ Art 1 – Right to self-determination.
●​ Art 6 – Right to life.
●​ Art 7 – Freedom from torture and cruel, inhuman, or degrading treatment.
●​ Art 9 – Right to liberty and security of person; no arbitrary detention.
●​ Art 10 – Humane treatment of prisoners.
●​ Art 14 – Right to fair trial and due process.
●​ Art 18 – Freedom of thought, conscience, and religion.
●​ Art 19 – Freedom of opinion and expression.
●​ Art 21 – Right to peaceful assembly.
●​ Art 22 – Right to freedom of association.
●​ Art 23 – Protection of family and marriage.
●​ Art 24 – Rights of the child.
●​ Art 25 – Right to participate in public affairs and vote.
●​ Art 26 – Equality before the law and non-discrimination.
●​ Art 27 – Rights of minorities to culture, religion, and language.
Non-Derogable Rights (Art 4(2))
Even during emergencies, the following cannot be suspended:
●​ Right to life (Art 6).
●​ Freedom from torture (Art 7).
●​ Freedom from slavery (Art 8).
●​ Recognition as a person before the law (Art 16).
●​ Freedom of thought, conscience, and religion (Art 18).
Human Rights Committee
●​ Composition: 18 independent experts.
●​ Functions:
○​ Monitors implementation via state reports and communications.
○​ Reviews initial report (due in 1 year), then periodic reports.

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 ○​ Holds 3 sessions per year in Geneva.
○​ Issues General Comments (e.g., GC 36 on the right to life).
○​ Reviews reports, issues observations, hears individual complaints.
Practical Application
●​ India: Maneka Gandhi v Union of India – Article 21 (personal liberty).
●​ UN System: Integral to the Universal Periodic Review process.
●​ NGOs: Amnesty International, Human Rights Watch use ICCPR standards for campaigns.
Criticism
●​ No binding enforcement – Committee’s views are not legally enforceable.
●​ Reservations – States often make reservations to avoid full obligations.
●​ Underreporting – Many states fail to submit reports on time.
●​ Political pressure – Implementation depends heavily on political will.
●​ Dualist countries – Requires national law for enforceability, which can delay or block application.
Additional Important Points
1. Article 1 – Common to both ICCPR and ICESCR: Right to Self-Determination
●​ Meaning:​
All peoples have the right to freely determine their political status (e.g., independence, autonomy,
union with another state) and pursue their economic, social, and cultural development.
●​ Importance:
○​ Recognizes collective rights (for “peoples” rather than just individuals).
○​ It was included to address colonialism and decolonization – giving legitimacy to
independence movements.
2. Article 50 – Obligations Apply to All Parts of Federal States
●​ Meaning:​
In federal systems (e.g., USA, India, Australia), the ICCPR obligations apply to all parts of the
country, including state/provincial governments.​

●​ Importance:​
Prevents a federal government from avoiding responsibility by claiming that rights violations
were committed by a local/state authority.
3. Articles 46–47 – ICCPR Doesn’t Limit Existing UN Charter Rights or Peoples’ Rights over Natural
Resources
●​ Meaning:
○​ Art 46: Nothing in the ICCPR can be interpreted as limiting the rights recognized in the
UN Charter.
○​ Art 47: Nothing in the ICCPR should be used to undermine peoples’ rights to control and
use their natural resources.
●​ Importance:​
These articles protect state sovereignty and economic independence, especially for developing
countries.
4. Second Optional Protocol – Aims at Abolishing the Death Penalty
●​ Meaning:

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 ○​ Adopted in 1989 as a separate treaty linked to the ICCPR.
○​ Commits ratifying states to permanently abolish capital punishment.
●​ Importance:
○​ Strengthens the ICCPR’s right to life protections.
○​ States can no longer execute anyone, even in wartime (unless they make a limited
reservation for war crimes).

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

●​ The ICESCR was adopted on 16 December 1966 to legally recognize and protect economic,
social, and cultural rights (ESCR). These rights aim to ensure human dignity and equality by
guaranteeing access to work, health, education, and cultural participation.
Preamble
●​ The preamble emphasizes the dignity and equality of all people.
●​ It states that freedom from fear and want can only be achieved if everyone enjoys both economic,
social, cultural rights and civil and political rights.
●​ It highlights the interdependence of all human rights—meaning all rights work together to protect
human dignity.
Foundational Principles
●​ Interdependence and Indivisibility: ESCR are equally important as civil and political rights; you
cannot fully enjoy one without the other.
●​ Non-discrimination and Equality: States must guarantee rights for everyone, without
discrimination based on race, sex, language, religion, or other factors.
●​ Progressive Realization: States promise to fulfill rights step by step, depending on available
resources, but cannot delay or ignore them unjustifiably.
●​ State Accountability: When countries ratify the covenant, they are legally bound to implement
these rights and modify their laws to align with the covenant.
Structure of the Covenant
●​ Part I: Right to self-determination (all peoples can freely decide their political and developmental
path).
●​ Part II: General obligations for states to respect and promote rights.
●​ Part III: Lists the core ESCR rights.
●​ Part IV: How implementation is monitored.
●​ Part V: Administrative rules for the treaty.

Key Articles and Rights

●​ Right to Self-Determination (Art 1): All peoples can freely choose their political status and
develop economically, socially, and culturally.
●​ Core Obligations (Arts 2–5):
○​ States must take legislative, judicial, and other steps to realize rights.
○​ Use maximum available resources to make progress.
○​ Guarantee rights without discrimination.
○​ Fulfill rights progressively, but avoid unnecessary delays or backsliding.

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 ●​ Substantive Rights (Arts 6–15):
○​ Right to work under fair conditions and to join trade unions.
○​ Social security and protections like pensions and maternity leave.
○​ Protection of family and childhood, including restrictions on child labor.
○​ Adequate food, clothing, housing, and the highest attainable standard of health.
○​ Free primary education and accessible higher education.
○​ Right to participate in cultural life and benefit from scientific progress.
Complaint Mechanisms
1. Committee on Economic, Social and Cultural Rights (CESCR)
●​ Composed of 18 independent experts chosen for their expertise.
●​ Meets twice a year to review how states are implementing the covenant.
●​ States submit periodic reports explaining their progress and challenges.
●​ CESCR issues concluding observations (recommendations to states) and general comments
(detailed interpretations of treaty provisions to guide implementation).
2. Optional Protocol to ICESCR (Adopted 2008)
●​ Strengthens enforcement mechanisms but only applies if a state ratifies both the ICESCR and this
Optional Protocol.
●​ Introduces new ways to hold states accountable by allowing individual complaints, inquiries, and
inter-state complaints.
A. Individual Complaints Mechanism
●​ Who can complain? Any individual or group claiming their ESCR rights were violated by a state
that has ratified the Optional Protocol.
●​ Conditions to file a complaint:
○​ Must have tried and exhausted all available domestic remedies (e.g., courts, tribunals).
○​ The issue cannot be currently examined by another international body.
○​ The complaint must be filed within a reasonable time after domestic decisions.
○​ The same complaint cannot be filed simultaneously in multiple bodies.
●​ Complaint Process:
○​ The complainant drafts a written statement explaining the violation and submits it to
CESCR.
○​ CESCR reviews if the complaint meets admissibility criteria (like exhaustion of domestic
remedies).
○​ The state party is invited to respond.
○​ CESCR examines all information and issues views, which are recommendations or
findings on whether a violation occurred.
●​ Interim Measures (Article 5): If a complainant risks irreparable harm while the case is pending,
CESCR can ask the state to take urgent steps to prevent damage (for example, stop an eviction).
B. Inquiry Procedure (Article 11)
●​ Purpose: To allow CESCR to investigate grave or systematic violations affecting many people or
serious breaches of ESCR.
●​ State Consent: The state must agree to the inquiry; without consent, CESCR cannot investigate.
This respects the state’s sovereignty.

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 ●​ Process:
○​ CESCR can request detailed information from the state on the alleged violations.
○​ It may conduct country visits to observe conditions directly.
○​ CESCR may meet with government officials, victims, NGOs, and others to collect
evidence.
●​ Outcome:
○​ After investigation, CESCR publishes a detailed report of findings.
○​ The report includes recommendations for the state to improve its protection and
fulfillment of ESCR.
●​ Significance: This procedure helps uncover serious human rights problems early, promotes
transparency, and encourages states to take corrective action before conditions worsen.
C. Friendly Settlement Procedure (Article 7)
●​ Purpose: To resolve complaints in a non-adversarial, cooperative way through mediation,
avoiding long and costly formal decisions.
●​ How it works:
○​ After a complaint is accepted, CESCR may offer to mediate between the victim(s) and
the state.
○​ This can lead to practical solutions like compensation, policy changes, or corrective
measures agreed upon by both parties.
●​ Advantages:
○​ Faster and less confrontational than formal adjudication.
○​ Practical outcomes that directly help victims.
○​ Maintains a good working relationship between the complainant and state.
●​ If mediation fails: CESCR will proceed with the normal complaint review and issue its formal
views.
D. Inter-State Complaints
●​ States can bring complaints against other states alleging covenant violations.
●​ This requires both states to have ratified the covenant and Optional Protocol and consent to the
process.
●​ Rarely used because of political sensitivity and diplomatic consequences.
Unique Features of ICESCR
●​ Recognizes positive rights, meaning states have an obligation to take active steps (like providing
health care, education).
●​ Balances ideal rights fulfillment with economic realities through progressive realization and use
of maximum available resources.
●​ Non-discrimination is an immediate obligation (states cannot delay or discriminate while
fulfilling rights).
●​ Allows affirmative action to help disadvantaged groups achieve equality (as per Limburg
Principles).
●​ States must respect, protect, promote, and fulfill economic, social, and cultural rights.
Significance and Practical Application

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 ●​ Links human rights with the Sustainable Development Goals (SDGs), focusing on poverty,
education, health, and equality.
●​ Empowers marginalized groups and civil society to demand their rights.
●​ Increasingly cited in domestic courts and influences national policies on labor, housing,
education, and health.
●​ Promotes international cooperation for technical and financial support in rights realization.
Criticisms
●​ Terms like “adequate standard of living” and “highest attainable health” are broad and vague,
leading to varied interpretations.
●​ Enforcement was weak before the 2008 Optional Protocol because there was no direct complaint
mechanism.
●​ The concept of progressive realization is sometimes used by states as an excuse to delay fulfilling
rights.
●​ Economic dependency means that poorer states often struggle to meet obligations.
●​ Many major countries have not ratified the Optional Protocol, limiting enforcement.
Other Important Notes
●​ Limburg Principles: Provide detailed guidance on states’ obligations under the ICESCR.
●​ Maastricht Guidelines: Define what constitutes violations and how states can be held accountable.
●​ Growing recognition that ESCR are justiciable, meaning courts can enforce them.
●​ Strong overlap with the SDGs, especially on issues like poverty, hunger, education, and health.

International Convention on the Elimination of All Forms of Racial Discrimination (ICERD)

The International Convention on the Elimination of All Forms of Racial Discrimination (ICERD) is a
United Nations treaty dedicated to ending racial discrimination and promoting equality among all racial
and ethnic groups. It was adopted on 21 December 1965 by the UN General Assembly and entered into
force in 1969.
The need for ICERD arose from the atrocities of World War II, including the Holocaust, the
institutionalized racism of apartheid in South Africa, the rise of the civil rights movement in the United
States, and the global decolonization process. These events demonstrated the urgent necessity of a legally
binding instrument to eliminate racial discrimination worldwide.

Nature and Significance

ICERD is the first legally binding international treaty exclusively focused on eradicating racial
discrimination. It established the first treaty-based UN monitoring body (the Committee on the
Elimination of Racial Discrimination — CERD) and set out detailed obligations for states to actively
combat racism, both in law (de jure) and in practice (de facto).
Preamble
The preamble reaffirms:
●​ Faith in fundamental human rights, the dignity and equal worth of all people.
●​ Alarm over racial discrimination as a threat to international peace and security.
●​ A strong link to the principles of the Universal Declaration of Human Rights (UDHR),
particularly equality and non-discrimination.

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Core Principles
1.​ Equality and Non-Discrimination – No person should face disadvantages based on race, colour,
descent, or national/ethnic origin.
2.​ State Responsibility – Governments must eliminate both legal and practical forms of racial
discrimination.
3.​ Comprehensive Action – Strategies should include legislation, policies, and education to promote
tolerance.
4.​ Promotion of Harmony – States should foster racial understanding and unity among different
groups.
Purpose
The convention aims:
●​ To eliminate all forms of racial discrimination.
●​ To promote racial harmony and mutual respect.
●​ To guarantee equality before the law in civil, political, economic, social, and cultural life.
Main Obligations and Key Articles
●​ Article 1: Defines racial discrimination as any act or policy that limits human rights based on
race, colour, descent, or national/ethnic origin.
●​ Article 2: States must condemn racism and take effective action to eliminate it.
●​ Article 3: Condemns apartheid and all racial segregation.
●​ Article 4: Requires the criminalization of hate speech, racist propaganda, and racist organizations.
●​ Article 5: Guarantees equal enjoyment of civil, political, economic, social, and cultural rights for
everyone.
●​ Article 6: Obligates states to provide effective legal protection and remedies for victims.
●​ Article 7: Requires education and training to combat prejudice and encourage understanding.
Monitoring Mechanisms
The Committee on the Elimination of Racial Discrimination (CERD) is the treaty body responsible for
overseeing ICERD’s implementation.
●​ Composition: 18 independent experts serving four-year terms.
●​ State Reporting: States must submit an initial report after joining ICERD and subsequent reports
every two years explaining how they are implementing the convention.
●​ Review Process: CERD examines reports, engages in dialogue with state representatives, and
issues Concluding Observations identifying strengths, weaknesses, and recommendations.
●​ General Recommendations: CERD issues interpretative statements to clarify treaty provisions and
address emerging issues (e.g., indigenous rights, caste-based discrimination, racial profiling).
●​ Early-Warning and Urgent Action Procedures:
○​ Early-Warning: Prevents situations from escalating into racial conflict (e.g.,
discriminatory laws being proposed).
○​ Urgent Action: Responds to ongoing serious violations (e.g., mass deportations, ethnic
cleansing) by requesting immediate state action.
Complaint Mechanisms
1. Individual Complaints (Article 14)

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Individuals or groups can submit complaints against a state only if that state has formally declared
acceptance of CERD’s competence under Article 14.​
Conditions for admissibility:
●​ Must exhaust domestic remedies first (try all available national legal options).
●​ The case must not be under review by another international body.
●​ Must be filed within six months of the final national decision.
Procedure:
1.​ Written complaint submitted to CERD.
2.​ CERD assesses admissibility.
3.​ The state responds to the allegations.
4.​ CERD examines evidence and issues recommendations.
Note: CERD’s decisions are not legally binding, but they carry strong moral and political influence.
2. Inter-State Complaints (Articles 11–13)
One state party can file a complaint against another for violating ICERD.
●​ If negotiations fail, CERD may form a conciliation commission to mediate and propose solutions.
●​ Reality: This process has never been used due to political sensitivity.
3. Dispute Settlement (Article 22)
Disputes between states over ICERD’s interpretation can be referred to the International Court of Justice
(ICJ) unless states opt out at the time of ratification.
4. Early-Warning and Urgent Action
●​ Early-Warning: Alerts states to potential racial conflicts before they escalate.
●​ Urgent Action: Provides immediate recommendations in cases of serious or systematic racial
discrimination.​
These tools allow CERD to act proactively rather than wait for periodic reports.
Unique Features of ICERD
●​ First UN treaty body created under a human rights treaty.
●​ First treaty to criminalize racist organizations and speech.
●​ Requires affirmative action to achieve substantive equality.
●​ Covers both direct and indirect discrimination.
●​ Recognizes collective and individual rights.
●​ Addresses intersectionality discrimination overlapping with other identities (e.g., women of
minority groups).
Significance and Application
●​ Provides a legal basis for national anti-discrimination laws.
●​ Acts as an accountability mechanism for states.
●​ Empowers NGOs and marginalized groups to demand compliance.
●​ Has been cited in national court rulings and constitutional equality clauses.
●​ Works in harmony with other treaties like ICCPR, ICESCR, and CEDAW.
Criticisms and Challenges
●​ Limited Individual Access: Only a minority of states accept Article 14 complaint procedure.
●​ Non-Binding Nature: CERD’s recommendations cannot be enforced in court.
●​ Underuse of Inter-State Mechanism: Never invoked.

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 ●​ Weak Compliance: Some states delay or avoid reporting, and others ignore recommendations.
●​ Ambiguity in Definitions: Terms like “race” or “descent” may not address newer forms of
discrimination (e.g., caste, religion, migration status).

Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW)

The CEDAW is widely known as the International Bill of Rights for Women.
●​ Adopted by the UN General Assembly in 1979, entered into force in 1981.
●​ Legally binding treaty obligating states to eliminate discrimination against women in all forms
and ensure real equality in political, economic, social, cultural, and family life.
●​ Establishes the Committee on the Elimination of Discrimination Against Women under Article 17
as its monitoring body.
Objectives and Purpose
●​ Affirm Faith in Human Rights — Upholds dignity and equal rights of men and women.
●​ Address Persistent Discrimination — Recognizes that discrimination harms equality and the
development of society.
●​ Promote Women’s Participation — Full participation in public and private life is essential for
progress.
●​ Core Goals:
1.​ Define and prohibit discrimination against women.
2.​ Ensure substantive equality (in practice), not just formal/legal equality.
3.​ Promote affirmative action where needed.
4.​ Eliminate stereotypes and cultural barriers to equality.
Key Features / Unique Aspects
●​ First treaty to address gender stereotypes and discrimination within the family/private life.
●​ Recognizes temporary special measures (e.g., quotas, affirmative action).
●​ Acknowledges intersectional discrimination (women with disabilities, minority women).
●​ Creates legally binding obligations.
●​ Optional Protocol adds international complaint and inquiry mechanisms.
Key Articles and State Obligations
Part I – General Principles (Arts 1–6)
●​ Art 1: Defines discrimination — includes direct/indirect, in law (de jure) and in practice (de
facto).
●​ Art 2: States must take all appropriate measures (laws, policies, sanctions) to eliminate
discrimination.
●​ Art 3: Promote women’s development and advancement.
●​ Art 4: Temporary special measures allowed to accelerate equality.
●​ Art 5: Eliminate gender stereotypes and cultural norms that perpetuate inequality.
●​ Art 6: Prevent trafficking and exploitation of prostitution.
Part II – Political & Public Life (Arts 7–9)
●​ Equal rights to vote, be elected, and participate in NGOs (Art 7).
●​ Equal representation in international affairs (Art 8).
●​ Equal nationality rights, including passing nationality to children (Art 9).

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Part III – Economic, Social & Cultural Rights (Arts 10–14)
●​ Equal rights in education (Art 10).
●​ Equal employment rights, maternity protection (Art 11).
●​ Equal access to healthcare, especially reproductive health (Art 12).
●​ Equality in economic and social life like banking, sports, housing (Art 13).
●​ Protection for rural women from the first treaty to explicitly recognize them (Art 14).
Part IV – Equality Before the Law & Family Life (Arts 15–16)
●​ Equal legal capacity, property rights, and freedom of movement (Art 15).
●​ Equal rights in marriage, divorce, custody, guardianship, and family planning (Art 16).
Part V – Monitoring (Arts 17–22)
●​ Establishes the CEDAW Committee.
●​ States submit an initial report 1 year after ratification and then every 4 years.
●​ Committee reviews reports, holds dialogues, and issues Concluding Observations.
Monitoring Body: CEDAW Committee
●​ Composition: 23 independent experts elected by State parties.
●​ Functions:
○​ Examine state reports.
○​ Issue Concluding Observations with praise and recommendations.
○​ Adopt General Recommendations interpreting CEDAW in light of new challenges.
○​ Handle complaints and inquiries under the Optional Protocol.
○​ Meet twice annually in Geneva or New York.
Optional Protocol to CEDAW — Enforcement Tools
A. Individual Complaint Procedure
Purpose: Allow individuals or groups to seek justice at the international level when national remedies fail.
Who can complain?
●​ Individuals or groups within the jurisdiction of a State that has ratified both CEDAW and its
Optional Protocol.
Conditions for admissibility:
1.​ Exhaust domestic remedies (use all possible national legal channels).
2.​ Complaints must not be under consideration by another international body.
3.​ Must be submitted within a reasonable time after the final domestic decision.
Procedure:
1.​ Written complaint submitted to the Committee.
2.​ Committee checks admissibility (meets all conditions).
3.​ The state is given a chance to respond.
4.​ The committee considers evidence from both sides.
5.​ Views and recommendations issued to the State (not legally binding but politically influential).
B. Inquiry Procedure
Purpose: Investigate grave or systematic violations of women’s rights.
Steps:
1.​ Triggered when the Committee receives reliable information on serious violations.

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 2.​ The committee may request the State’s observations.
3.​ If necessary, conduct confidential inquiries may include country visits with State consent.
4.​ The committee prepares a confidential report with findings and recommendations.
5.​ The state submits its own comments.
6.​ Summary included in the Committee’s annual report.
Opt-out: States may declare at ratification that they do not accept the inquiry procedure.
Important General Recommendations (GRs)
The CEDAW Committee issues GRs to interpret and expand on treaty provisions.
●​ GR No. 19 (1992): Defines violence against women as a form of discrimination under CEDAW,
obligating States to prevent and respond to it.
●​ GR No. 25 (2004): Explains temporary special measures (e.g., quotas, affirmative action) to
accelerate equality.
●​ GR No. 30 (2013): Focuses on women in conflict prevention, conflict, and post-conflict settings.
●​ GR No. 35 (2017): Updates GR 19 — addresses gender-based violence as discrimination,
expands on State obligations for prevention, protection, and prosecution.
Practical Significance
●​ Legal Reform Tool: Used to push reforms in discriminatory laws (e.g., nationality, inheritance).
●​ Advocacy: NGOs and civil society use CEDAW to hold governments accountable.
●​ Judicial Influence: Cited in national court decisions interpreting constitutional equality rights.
●​ Policy Driver: Promotes gender budgeting, quotas, access to healthcare, and workplace equality.
Criticisms
●​ Reservations: Many States keep reservations to key provisions (esp. Art 16), weakening
universality.
●​ Weak Enforcement: Committee’s recommendations are non-binding.
●​ Limited Access: Not all States ratify the Optional Protocol, reducing complaint access.
●​ Reporting Delays: Many States submit reports late or skip them entirely.

Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
(CAT)
The Convention Against Torture (CAT) is a major United Nations human rights treaty dedicated
exclusively to the eradication and prevention of torture and other cruel, inhuman, or degrading treatment
or punishment.​
It was adopted on 10 December 1984 and entered into force on 26 June 1987, which is now observed
globally as the International Day in Support of Victims of Torture.​
The CAT creates a legally binding obligation on States to prevent, investigate, punish, and provide
remedies for acts of torture, and establishes the Committee Against Torture as its monitoring body.
Objectives and Purpose
CAT aims to absolutely prohibit torture under any circumstances, including war, public emergencies, or
threats to national security.​
It requires States to hold perpetrators accountable, ensure justice and reparations for victims, adopt
preventive measures in laws and institutions, and cooperate internationally in the fight against torture.​

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 The treaty embodies the principle that no justification whether political, military, or social can ever
legitimize torture.
Definition of Torture (Article 1)
Torture is defined as any act causing severe physical or mental pain or suffering, intentionally inflicted for
purposes such as obtaining information or a confession, punishing, intimidating, coercing, or
discriminating against a person.​
Such acts must be committed by, or with the consent or acquiescence of, a public official or someone
acting in an official capacity.​
The definition excludes pain or suffering arising only from lawful sanctions, such as imprisonment in
accordance with legal procedures.
Key Provisions
CAT’s provisions can be grouped into four main categories: prohibition, jurisdiction, prevention, and
victim rights.
The prohibition of torture is absolute under Article 2, with no exceptions under any circumstances. Article
3 enshrines the principle of non-refoulement, meaning that no one can be expelled, returned, or extradited
to a country where there is a real risk of torture. Article 4 requires States to criminalize torture in domestic
law and prescribe penalties that reflect the gravity of the crime.
Jurisdiction and prosecution are addressed in Articles 5 to 8, obligating States to establish jurisdiction
over acts of torture committed in their territory, by their nationals, or against their nationals abroad, and to
prosecute or extradite offenders under the principle of aut dedere aut judicare.
Preventive measures under Articles 10 and 11 include training law enforcement, military, and medical
personnel on torture prohibition and regularly reviewing interrogation rules, methods, and custody
arrangements.
Investigation and victim protection are covered in Articles 12 to 15, requiring prompt and impartial
investigations into alleged torture, protection for complainants from retaliation, access to redress and
rehabilitation, and the inadmissibility of statements obtained through torture.

Committee Against Torture (CAT Committee)

The Committee is composed of 10 independent experts elected by States parties.​
Its functions include reviewing State reports, issuing concluding observations and general comments,
considering individual and inter-State complaints, and conducting confidential inquiries into systematic
torture.

Complaint and Monitoring Mechanisms

State reporting procedure (Articles 19–20)​

States must submit an initial report within one year of ratification and periodic reports every four years
thereafter. The Committee reviews these reports, questions State representatives in a constructive
dialogue, and issues concluding observations with praise for progress and recommendations for
improvement.

Individual complaint mechanism (Article 22)​

This is optional and only applies if the State has formally recognized the Committee’s competence to

24
receive such complaints. Individuals or groups under a State’s jurisdiction can submit a written complaint
alleging a violation of CAT, provided they have exhausted all domestic remedies and the complaint is not
under consideration by another international mechanism. Once a complaint is submitted, the Committee
assesses admissibility, invites the State to respond, examines evidence from both sides, and issues views
and recommendations. These recommendations are not legally binding but carry strong political and
moral authority, often influencing domestic reforms.
Inquiry procedure for systematic torture (Article 20)​
If the Committee receives reliable information of grave or systematic torture in a State, it may initiate a
confidential inquiry. This involves requesting the State’s observations, possibly conducting country visits
(with State consent), and meeting with victims, officials, and civil society. Findings and recommendations
are shared confidentially with the State, which then reports on measures taken. Summaries of inquiries
appear in the Committee’s annual public report. States can opt out of this procedure upon ratification.

Inter-State complaints (Article 21)​

This optional mechanism allows one State to lodge a complaint against another for violating CAT, but
only if both have accepted this procedure. It has never been used due to political sensitivities.

Optional Protocol to CAT (OPCAT)

Purpose​
Adopted in 2002, the OPCAT focuses on preventing torture through regular and independent visits to all
places of detention. Unlike the main CAT treaty, which emphasizes investigation and punishment after
torture occurs, OPCAT’s purpose is to stop torture before it happens.

National Preventive Mechanisms (NPMs)​

Under OPCAT, States must establish independent national bodies empowered to inspect places of
detention, including prisons, police stations, immigration centers, and psychiatric institutions. These
NPMs can make recommendations to improve treatment and conditions and reduce risks of torture or
ill-treatment.

Subcommittee on Prevention of Torture (SPT)​

The SPT is an international body of independent experts that can conduct unannounced visits to detention
facilities in States that have ratified OPCAT. It provides confidential advice to NPMs and governments.
Reports remain confidential unless the State agrees to publication; however, if a State refuses to
cooperate, the SPT may make its findings public.

Benefits of OPCAT​
It promotes transparency, encourages early detection of abusive practices, improves detention standards,
and complements CAT by focusing on prevention rather than solely on accountability after the fact.

Core Principles of CAT

The prohibition of torture is a jus cogens norm a peremptory rule of international law from which no
derogation is permitted. The principle of non-refoulement prohibits sending individuals to a country

25
where they face torture. Remedies must be victim-centered, ensuring access to justice, compensation, and
rehabilitation. Accountability is mandatory: States must investigate, prosecute, or extradite perpetrators.

Practical Impact
CAT has led many countries to criminalize torture in national legislation, influenced asylum law to block
deportations to countries with a torture risk, and empowered NGOs to monitor detention conditions. It has
been used in both domestic and international court cases to strengthen protections against torture.

Criticisms
Despite its importance, CAT faces challenges. Many States fail to comply with reporting obligations or
delay them. Some enter reservations that limit the treaty’s application. Enforcement remains weak, as the
Committee’s recommendations are not legally binding. The optional mechanisms including the individual
complaint procedure and OPCAT have relatively low ratification rates, limiting their reach.

Convention on the Rights of the Child (CRC)

The CRC is the most widely ratified human rights treaty in the world, making it the most universally
accepted human rights instrument in history.​
Every UN member state has ratified it except the United States, which has signed but not ratified.

Objectives
●​ To protect, promote, and fulfill the rights of all children, ensuring their holistic development in a
safe, nurturing environment.
●​ To ensure that children enjoy civil, political, economic, social, and cultural rights on an equal
basis with adults, but with recognition of their unique needs.

Purpose
●​ Recognizes children as rights-holders, not merely objects of protection.
●​ Upholds children’s inherent dignity and equal, inalienable rights.
●​ Guarantees children the rights to survival, development, protection, and participation.
●​ Emphasizes the importance of a family environment of happiness, love, and understanding for a
child’s well-being.

Preamble
The preamble:
●​ Reaffirms faith in fundamental human rights and the dignity and worth of every human being.
●​ Acknowledges the special vulnerability of children and their need for specific safeguards.
●​ Recognizes the family as the fundamental unit of society and the best environment for a child’s
growth.

Key Principles

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The CRC is guided by four general principles that apply to all rights:
●​ Non-Discrimination (Art. 2)​
All rights apply to every child without distinction of any kind (e.g., race, sex, language, religion,
disability, birth, or other status).
●​ Best Interests of the Child (Art. 3)​
In all actions concerning children, their best interests must be a primary consideration.
●​ Right to Life, Survival, and Development (Art. 6)​
States must ensure a child’s right to life and support their full physical, mental, and social
development.
●​ Respect for the Views of the Child (Art. 12)​
Children have the right to freely express their views in matters affecting them, and those views
must be given due weight according to their age and maturity.

Key Articles and Rights

●​ Art. 1 – Definition of a child (anyone under 18).
●​ Art. 2 – Right to non-discrimination.
●​ Art. 3 – Best interests of the child.
●​ Art. 6 – Right to life, survival, and development.
●​ Art. 7 – Right to a name and nationality.
●​ Art. 12 – Right to be heard.
●​ Art. 19 – Protection from abuse, neglect, and violence.
●​ Art. 24 – Right to health and healthcare.
●​ Arts. 28–29 – Right to education, with an emphasis on free primary education and development
of personality and talents.
●​ Art. 30 – Rights of minority and indigenous children.
●​ Art. 31 – Right to leisure, play, and participation in cultural life.
●​ Art. 32 – Protection from child labour.
●​ Arts. 34–36 – Protection from exploitation, trafficking, and sexual abuse.
●​ Art. 37 & 40 – Juvenile justice guarantees, including protection from torture, inhuman treatment,
and unlawful detention.
●​ Art. 38 – Protection in armed conflict.
Committee on the Rights of the Child (CRC Committee)
Composition
●​ Made up of 18 independent experts.
Functions
●​ Monitors implementation of the CRC and its optional protocols.
●​ Reviews State reports and issues concluding observations with recommendations.
●​ Issues general comments and authoritative interpretations of the CRC’s provisions.
●​ May receive individual complaints under the Third Optional Protocol (if the State has ratified it).​

Complaint and Monitoring Mechanisms

State Reporting Procedure

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 ●​ Mandatory for all States parties.
●​ Initial report is due two years after ratification; periodic reports every five years.
●​ The Committee examines reports, engages in constructive dialogue with State representatives,
and issues concluding observations.
Individual Complaints (Third Optional Protocol)
●​ Children, groups of children, or their representatives can submit complaints alleging violations of
CRC rights or rights under its first two protocols.
●​ Conditions:
○​ Domestic remedies must be exhausted.
○​ The complaint must not be under consideration by another international body.
○​ It must concern a right recognized in the CRC or its Optional Protocols.
●​ Procedure:
○​ The Committee assesses admissibility.
○​ If accepted, it examines the merits and issues views/recommendations.
○​ States are expected to implement recommendations, although they are not legally
binding.
Inquiry Procedure
●​ The Committee can conduct confidential inquiries into grave or systematic violations of
children’s rights.
●​ May include country visits with State consent.
●​ Only applies to States that have accepted this procedure.
Inter-State Complaints
●​ Rarely used. Both States must accept the procedure for it to apply.
Optional Protocols to the CRC
The CRC has three Optional Protocols:
1.​ Optional Protocol on the Involvement of Children in Armed Conflict (OPAC) – Prohibits
compulsory recruitment under 18 and requires measures to protect children from participation in
hostilities.
2.​ Optional Protocol on the Sale of Children, Child Prostitution, and Child Pornography (OPSC) –
Criminalizes these practices and strengthens protections for victims.
3.​ Optional Protocol on a Communications Procedure (OPIC) – Establishes the individual complaint
and inquiry mechanisms described above.
Unique Features
●​ Most universally ratified human rights treaty.
●​ Defines a child as anyone under 18 years old.
●​ Recognizes children’s agency (ability to participate in decisions affecting them).
●​ Covers the full range of human rights like civil, political, economic, social, and cultural in one
treaty.
●​ Provides explicit protections for vulnerable groups, such as minority and indigenous children.
Significance and Application
●​ Serves as the global benchmark for child-friendly laws and policies.

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 ●​ Has influenced reforms in areas like juvenile justice, child marriage, education, and protection
from abuse.
●​ Guides UNICEF’s programs and the work of child rights NGOs worldwide.
●​ Used by courts and policymakers to interpret and apply children’s rights domestically.

Criticisms and Challenges

●​ Lack of enforcement — No binding enforcement mechanism; compliance depends on political
will.
●​ Cultural reservations — Some States maintain reservations to limit obligations, especially
regarding family law and religion.
●​ Implementation gap — Ratification is not always followed by meaningful changes on the ground.
●​ Tokenistic participation — In practice, children’s views are often solicited but not given
meaningful weight.​

International Convention on the Protection of the Rights of All Migrant Workers and Members of
Their Families (ICMW)
The ICMW is a United Nations treaty dedicated to safeguarding the rights of migrant workers and their
families, regardless of their migration status.​
It is one of the few international human rights treaties to explicitly cover undocumented migrants and
their families.
Objectives
●​ Protect the human rights of migrant workers and their families, regardless of legal status.
●​ Combat exploitation, discrimination, and abuse of migrant workers.
●​ Guarantee equal treatment and human dignity for all migrants.
●​ Promote international cooperation in managing migration and protecting migrant rights.
●​ Encourage fair recruitment practices and safe migration pathways.
Purpose
●​ Recognizes migrant workers as a vulnerable group prone to exploitation and abuse.
●​ Affirms that migrants are not commodities and must enjoy full human rights.
●​ Acknowledges the economic, social, and cultural contributions of migrants to both host and origin
countries.
●​ Reinforces that migrant status can never justify denying fundamental rights.
Key Functions of the Convention
●​ Establishes minimum human rights standards for all migrant workers.
●​ Applies to all stages of migration: preparation, departure, transit, employment, residence, and
return.
●​ Encourages States to align national legislation with the Convention.
●​ Sets up a treaty monitoring body , the Committee on Migrant Workers (CMW).
Key Articles
●​ Articles 1–7 – Scope and general principles: universality, non-discrimination, equal treatment.
●​ Articles 8–35 – Civil and political rights:
○​ Right to life, liberty, and security.

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 ○​ Protection from torture.
○​ Freedom of expression, thought, religion.
○​ Due process rights, privacy, and freedom of movement.
○​ Right to transfer earnings.
●​ Articles 36–56 – Economic, social, and cultural rights:
○​ Education, health, housing, social security, equal pay, and safe working conditions.
●​ Articles 57–63 – Additional rights for documented migrant workers:
○​ Union rights, job security, and mobility in the host country.
●​ Articles 64–71 – State obligations in migration management:
○​ Fair recruitment, protection against deceptive practices, safe return, and reintegration
support.
●​ Articles 72–84 – Establishment and functioning of the Committee on Migrant Workers.
●​ Articles 85–93 – Procedures for ratification, entry into force, reservations, and amendments.
Monitoring Body: Committee on Migrant Workers (CMW)
●​ Composed of 14 independent experts elected for 4-year terms.
●​ Functions include:
○​ Reviewing periodic State reports on compliance.
○​ Issuing concluding observations with recommendations.
○​ Adopting general comments interpreting the Convention.
Complaint Mechanisms
Current Status
●​ The ICMW currently has no operational individual complaint mechanism because the Optional
Protocol that would allow it has not yet entered into force.
●​ The Convention provides for individual, inter-State, and inquiry procedures in principle, but these
are inactive until States ratify the Optional Protocol.
State Reporting Procedure
●​ Mandatory for all States parties.
●​ States must submit reports on measures taken to implement the Convention.
●​ The Committee examines reports, questions State representatives, and issues recommendations.
Individual Complaints (Not Yet Operational)
●​ Would allow migrant workers or their representatives to complain about violations of their rights
under the Convention.
●​ Conditions for admissibility would be:
○​ Exhaustion of all available domestic remedies.
○​ Not under review by another international body.
○​ Filed within a reasonable time after the final domestic decision.
●​ The Committee would assess admissibility, examine the case, and issue views and
recommendations to the State concerned.
Inquiry Procedure (Not Yet Operational)
●​ The Committee could initiate inquiries into grave or systematic violations of migrant workers’
rights.
●​ Could include country visits with the consent of the State.

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 ●​ Findings and recommendations would be communicated to the State, which must respond with
corrective measures.
Inter-State Complaints
●​ Allows one State party to submit a complaint alleging that another State party is not fulfilling its
obligations under the ICMW.
●​ Conditions:
○​ Both States must have formally accepted this procedure.
○​ The complaint is examined by the Committee in a confidential process.
○​ The Committee may facilitate negotiations or issue recommendations.
●​ This procedure has never been used, largely due to political sensitivities.
Unique Features
●​ Protects undocumented migrants — rare among human rights treaties.
●​ Extends protections to families of migrant workers, including children and spouses.
●​ Covers all stages of migration, from recruitment to return.
●​ Promotes state-to-state cooperation through bilateral and multilateral agreements.
●​ Ethical recruitment obligations (Art. 68) — bans deceptive recruitment and fees.
●​ Remittance rights (Art. 47) — migrants can freely transfer earnings to their home country.
Significance and Impact
●​ Reinforces the principle that human rights are universal.
●​ Acts as a global standard for labour migration protections.
●​ Encourages labour-sending countries to develop safe migration frameworks.
●​ Provides a reference for UN agencies (IOM, ILO, OHCHR) and NGOs to monitor and advocate
for migrant rights.
Criticisms and Challenges
●​ Low ratification rate — major migrant-receiving countries have not ratified.
●​ Weak enforceability — no binding complaint mechanism yet; relies on State cooperation.
●​ State reluctance — concerns about sovereignty and labour regulation obligations hinder
ratification.
●​ Overlap — many rights also appear in ICCPR, ICESCR, and ILO conventions, leading some
States to question the need for separate ratification.​

Convention on the Rights of Persons with Disabilities (CRPD)

Purpose and Objective (Article 1)
The CRPD aims to promote, protect, and ensure the full and equal enjoyment of all human rights and
fundamental freedoms by all persons with disabilities. It emphasizes that persons with disabilities are
entitled to the same rights as everyone else, and aims to respect their inherent dignity. This Convention
represents a shift from treating disability as a medical or charity issue to recognizing it as a matter of
human rights and social justice.
Preamble
The Preamble sets the tone by:

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 ●​ Recognizing disability as an evolving concept, stressing that it is not just the physical or mental
impairment but the interaction between persons with impairments and environmental barriers that
limits participation in society.
●​ Emphasizing the social model of disability, which focuses on removing societal barriers physical,
legal, attitudinal that prevent full inclusion.
●​ Acknowledging the importance of family, community support, and accessibility for the
empowerment of persons with disabilities.
●​ Reaffirming the universality and indivisibility of human rights, emphasizing that disability rights
are an integral part of all human rights.
Key Principles (Article 3)
The Convention is grounded in a set of fundamental principles to guide its interpretation and
implementation:
●​ Respect for inherent dignity, individual autonomy, and independence: Persons with disabilities
have the right to make their own choices and decisions.
●​ Non-discrimination: No one should be treated unfairly because of disability.
●​ Full and effective participation and inclusion in society: Ensuring equal opportunity to participate
in all aspects of life.
●​ Respect for difference and acceptance of persons with disabilities as part of human diversity:
Valuing diversity rather than seeing disability as a defect.
●​ Equality of opportunity: Enabling persons with disabilities to compete on an equal basis in
education, employment, politics, and social life.
●​ Accessibility: Removing barriers to access physical environments, transport, information, and
communication.
●​ Equality between men and women with disabilities: Recognizing the additional discrimination
faced by women.
●​ Respect for the evolving capacities of children with disabilities and their right to preserve their
identity.

Major Rights and Obligations

The Convention covers a wide range of rights and duties, including:
●​ General obligations (Article 4): States must take all appropriate measures — legislative,
administrative, judicial, and others — to implement rights without discrimination.
●​ Equality and non-discrimination (Article 5): Guarantees equal protection under the law.
●​ Women with disabilities (Article 6): Special measures to combat compounded discrimination.
●​ Children with disabilities (Article 7): Ensuring all rights apply to children with disabilities on an
equal basis.
●​ Accessibility (Article 9): Access to physical environments, transportation, information,
communication, and services.
●​ Equal recognition before the law (Article 12): States must recognize that persons with disabilities
have legal capacity on an equal basis with others, including supported decision-making rather
than substituted decision-making.
●​ Access to justice (Article 13): Ensuring effective legal protection and support to persons with
disabilities.

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 ●​ Right to live independently and be included in the community (Article 19).
●​ Inclusive education (Article 24): Education systems must be inclusive at all levels.
●​ Equal access to health (Article 25), work (Article 27), political participation (Article 29), and
cultural life.

Institutional Mechanism: Committee on the Rights of Persons with Disabilities

●​ The CRPD Committee consists of 18 independent experts elected by States parties for four-year
terms.
●​ It oversees the implementation of the Convention by:
○​ Reviewing State reports: States must submit an initial report within two years of
ratification, then periodic reports every four years describing measures taken and
progress achieved.
○​ Issuing concluding observations: Recommendations and observations on how States can
improve implementation.
○​ Issuing general comments: Detailed interpretations of specific articles or themes (e.g.,
legal capacity, accessibility, inclusive education).
○​ Engaging in dialogue: With State representatives during sessions held twice a year.
○​ Considering individual complaints and inquiries under the Optional Protocol (if ratified
by the State).
Complaint Mechanisms (Optional Protocol)
The CRPD establishes a complaint mechanism through an Optional Protocol, which states may ratify
separately.
Individual Communications:
●​ Individuals or groups who claim their rights under the CRPD have been violated by a State party
may submit complaints to the Committee, provided:
○​ The State has ratified the Optional Protocol.
○​ All domestic legal remedies have been exhausted or are ineffective or unduly delayed.
○​ The complaint is not being examined under another international investigation or
settlement procedure.
○​ The complaint is submitted within a reasonable time after the final domestic decision.
●​ The Committee reviews complaints and issues “views” its findings and recommendations.
Though not legally binding, these views have significant moral and political weight and can
influence State behavior and policy.
Inquiry Procedure:
●​ The Committee can launch a confidential inquiry into grave or systematic violations of the rights
guaranteed by the Convention.
●​ This can include:
○​ Requesting information from the State.
○​ Conducting country visits (with the State’s consent).
○​ Investigating allegations based on reliable information.

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 ●​ After the inquiry, the Committee provides a confidential report with findings and
recommendations.
●​ States may choose to opt out of this procedure at the time of ratification.
Implementation and Monitoring
Under Article 33, States are required to:
●​ Designate a focal point in the government responsible for CRPD implementation.
●​ Establish or maintain an independent monitoring mechanism, often a National Human Rights
Institution or a specialized body, to oversee compliance.
●​ Ensure effective participation of civil society, particularly organizations of persons with
disabilities (DPOs), in implementation and monitoring.
Unique and Progressive Features
●​ The CRPD adopts the social model of disability, focusing on removing societal and
environmental barriers rather than viewing disability solely as a medical issue.
●​ It promotes an empowerment-based approach: disability rights are human rights.
●​ It explicitly addresses intersectionality, acknowledging that persons with disabilities can face
multiple forms of discrimination (e.g., based on gender, age, ethnicity).
●​ Requires reasonable accommodation and universal design principles to ensure accessibility.
●​ Applies not only to the State but also to private actors . States must regulate private entities to
prevent discrimination.
●​ Stresses the legal capacity of persons with disabilities and moves away from guardianship to
supported decision-making.
Challenges in Implementation
●​ Ratification gaps: Some countries have signed but not ratified the Convention or the Optional
Protocol, limiting the treaty’s reach.
●​ Implementation gap: Even where ratified, there is often a significant gap between legal
commitments and real-life improvements, especially in developing countries.
●​ Resource constraints: Implementing accessibility, inclusive education, and other rights requires
substantial funding and infrastructure development, which many States struggle to provide.
●​ Legal capacity debates: Article 12’s requirement to abolish substituted decision-making
(guardianship) remains contentious, with some States slow to adopt supported decision-making
models.
●​ Monitoring and participation: Effective involvement of persons with disabilities and their
organizations in policymaking and monitoring remains uneven worldwide.
Summary
The CRPD represents a landmark international treaty that fundamentally reshaped the understanding of
disability rights. It legally binds States to respect, protect, and fulfill the rights of persons with disabilities
in all spheres of life through legislation, policy, and societal change. Its complaint mechanisms, although
optional, offer a platform for victims to seek redress and for the international community to scrutinize
State actions. While challenges remain, the CRPD remains a critical tool in the global fight for disability
rights, inclusion, and equality.

International Convention for the Protection of All Persons from Enforced Disappearance
(ICPPED)

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Preamble
The preamble highlights the grave human rights violations caused by enforced disappearances, affirming
that such acts violate multiple fundamental rights, including:
●​ The right to recognition before the law
●​ The right to liberty and security of the person
●​ The right not to be subjected to torture or cruel, inhuman, or degrading treatment
●​ The right to life
It recognizes the urgent need to protect all persons from enforced disappearance under all circumstances,
including situations of armed conflict.
Purpose and Definition (Article 1 & 2)
The primary purpose of the Convention is to prevent enforced disappearances, ensure that perpetrators are
investigated and punished, and provide justice and reparations to victims and their families.
Key Definition:​
Enforced disappearance is defined as the arrest, detention, abduction, or any other form of deprivation of
liberty by agents of the State or those acting with the authorization, support, or acquiescence of the State,
followed by a refusal to acknowledge the deprivation or concealment of the fate or whereabouts of the
person.
Core Articles and State Obligations
●​ Absolute prohibition (Art 1): No one shall be subjected to enforced disappearance under any
circumstances, including emergencies or war.
●​ Criminalization (Art 2-4): States must criminalize enforced disappearance in their domestic laws
and ensure effective penalties.
●​ Crime against humanity (Art 5): Widespread or systematic enforced disappearance is recognized
as a crime against humanity.
●​ Jurisdiction and cooperation (Art 9-15): States must establish jurisdiction, facilitate extradition,
mutual legal assistance, and prosecute perpetrators.
●​ Non-refoulement (Art 16): No person should be expelled or extradited to a country where they
face a risk of enforced disappearance.
●​ Detention conditions (Art 17-20): States are required to maintain official registers of detainees,
prohibit secret detention, and guarantee families’ right to information about detainees.
●​ Victims’ rights (Art 24): Victims, including families, have the right to know the truth, receive
justice, reparations, restitution, and rehabilitation.
●​ Prohibition of wrongful adoption (Art 25): Prohibits illegal adoption of children of disappeared
persons.
Core Principles
●​ Absolute prohibition: Enforced disappearance is strictly prohibited in all circumstances; no
derogation allowed.
●​ State responsibility: States are accountable even if disappearances are committed by non-state
actors with State complicity.
●​ Victims’ rights: Includes not only the disappeared individuals but also their families and affected
children.
●​ Duty to investigate: States must investigate enforced disappearances proactively, even without
formal complaints.

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 ●​ Right to truth: Families have a binding legal right to know the fate and whereabouts of
disappeared persons.
●​ Prevention focus: Beyond punishment, the Convention emphasizes prevention through access to
detention centers, maintaining detainee registers, and avoiding secret detentions.
Monitoring Body: Committee on Enforced Disappearances
●​ Composed of 10 independent experts elected by States parties.
●​ Functions include:
○​ Reviewing periodic reports submitted by States on implementation.
○​ Considering individual complaints and inter-state complaints, if States declare
acceptance.
○​ Conducting country visits and urgent action procedures.
○​ Issuing general comments to interpret Convention provisions.
Complaint Mechanisms
Individual Complaints:
●​ Allowed only if the State has declared acceptance of the Committee’s competence.
●​ The complainant must be under the jurisdiction of the State.
●​ Domestic remedies must be exhausted before approaching the Committee.
●​ The same complaint cannot be under consideration by another international body.
Inter-State Complaints:
●​ Require mutual declarations of acceptance by both States involved.
●​ Rarely used, generally diplomatic/legal in nature.
Urgent Actions:
●​ Anyone can submit a request to the Committee to urgently locate a disappeared person.
●​ The Committee forwards the case to the State concerned.
●​ The State must respond with information, updates, and steps taken to find the person.​

Unique Features
●​ The Convention is one of the few UN treaties that directly addresses enforced disappearance as an
ongoing violation requiring urgent response.
●​ Absolute ban on enforced disappearance, with no exceptions.
●​ The right to truth is explicitly enshrined as a binding right.
●​ Prohibits secret detention, requiring States to maintain official records of detainees accessible to
families.
●​ Focuses heavily on prevention, requiring States to establish systems to detect, deter, and avoid
disappearances, not just punish afterward.
Significance
●​ Fills a critical gap in international human rights law by addressing one of the most serious
violations: enforced disappearance.
●​ Provides a powerful legal tool for families of disappeared persons and human rights defenders to
demand accountability.
●​ Reinforces the inviolability of personal liberty and human dignity.

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 ●​ Encourages international cooperation for investigation, prosecution, and extradition related to
enforced disappearance cases.
Criticisms and Challenges
●​ Low ratification rate: Many major powers, including the United States, China, and Russia, have
not ratified the Convention, limiting its universal application.
●​ Reluctance to accept Committee competence: Several States avoid declaring acceptance of the
complaint mechanisms, limiting the Committee’s reach.
●​ Enforcement difficulties: Effective implementation requires strong domestic legal frameworks,
which many States lack or fail to enforce.
●​ Political sensitivities: Due to the politically charged nature of enforced disappearance, States may
be unwilling to investigate or prosecute perpetrators, especially when State agents are involved.

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Unit 3 The United Nations System for the Protection of Human Rights
The United Nations (UN) has established a comprehensive international system to promote, monitor, and
enforce human rights worldwide. This system has two main pillars:
1.​ Charter-Based Mechanisms
2.​ Treaty Bodies
Both components complement each other and form the backbone of the UN’s human rights architecture.
1. Charter-Based Mechanisms
Charter-Based Mechanisms are human rights bodies and procedures established directly under the UN
Charter, the foundational treaty of the United Nations adopted in 1945. Their authority comes from this
charter rather than any specific human rights treaty. This means:
●​ They apply universally to all 193 UN member states regardless of whether those states have
ratified any specific human rights treaties.
●​ Their mandate is broad, covering the promotion, protection, and monitoring of all human rights.
The UN Human Rights Council (HRC)
The Human Rights Council, created in 2006 to replace the earlier Commission on Human Rights, is the
central intergovernmental body responsible for addressing human rights worldwide.
●​ It is composed of 47 member states elected by the UN General Assembly for three-year terms,
with seats allocated based on geographic regions to ensure diversity.
●​ The Council meets in regular sessions (usually three times a year) and can convene special
sessions in response to urgent human rights situations.
Main functions of the Human Rights Council:
●​ Investigate and address human rights violations globally.
●​ Promote universal human rights standards.
●​ Establish subsidiary bodies and mechanisms such as Special Procedures and the Universal
Periodic Review (UPR).
●​ Facilitate dialogue and cooperation among member states, UN bodies, NGOs, and civil society.
Universal Periodic Review (UPR)
The UPR is a unique, peer-review mechanism that evaluates the human rights record of every UN
member state approximately every 4.5 years.
●​ It is universal and non-discriminatory, meaning no state is exempt from review regardless of size,
wealth, or political influence.
●​ The review is comprehensive and draws from multiple sources:
○​ State’s own report on human rights measures and challenges.
○​ Information from UN human rights bodies and experts.
○​ Inputs from civil society organizations, NGOs, and national human rights institutions.

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During the review, the UPR Working Group, made up of all UN member states, examines the human
rights situation in the country and makes recommendations for improvement.
Outcomes of the UPR:
●​ The reviewed state receives a report summarizing recommendations made by other countries.
●​ The state decides which recommendations to accept or reject, allowing some flexibility but also
political accountability.
●​ The UPR process encourages transparency, dialogue, and international cooperation.
Example: During Saudi Arabia’s UPR, the state was urged to improve protections for peaceful activists
and to end torture. While some recommendations were accepted, others, such as those related to LGBTQ+
rights, were rejected.
Human Rights Council Advisory Committee
This is the Council’s research and advisory body:
●​ Composed of 18 independent experts selected to ensure geographic and gender balance.
●​ It provides thematic studies and advice on human rights issues to the Human Rights Council.
●​ Unlike the Council, it cannot adopt resolutions or decisions; it serves as a think tank to deepen
understanding and support policy formulation.
Special Procedures of the Human Rights Council
Special Procedures are independent human rights experts appointed by the Council to focus on:
●​ Thematic issues (e.g., torture, freedom of expression, human trafficking).
●​ Country-specific situations where serious human rights concerns exist.
They include:
●​ Special Rapporteurs (single experts focused on a theme or country).
●​ Independent Experts (appointed to study specific issues).
●​ Working Groups (teams of experts, often regional).
Their activities include:
●​ Conducting country visits to assess the human rights situation on the ground.
●​ Sending urgent communications and letters of allegation to governments about alleged abuses.
●​ Producing thematic reports analyzing global trends and challenges.
●​ Raising public awareness and advising on human rights standards.
They serve in a personal capacity, independent from any government, and typically are unpaid volunteers.
This helps preserve their independence and impartiality.
Communication and Complaint Mechanism by Special Procedures
●​ Individuals, NGOs, and groups can send communications about alleged human rights violations
directly to the Special Procedures mandate holders.
●​ Special Procedures send urgent appeals or letters of allegation to states, requesting explanations
or remedial action.
●​ Communications cover issues such as unlawful detention, torture, discrimination, or threats to
activists.
●​ Unlike treaty bodies, complainants do not need to exhaust domestic remedies before sending
communications.
●​ States are expected to respond within a reasonable timeframe.

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 ●​ Communications are generally confidential but can be made public with permission or if the
situation requires.
Complaint Procedure Under the Human Rights Council
This process is meant to deal with serious and widespread human rights abuses happening in any country.
Who can file a complaint?
●​ Any individual, group, NGO, or civil society organization.
What must the complaint include?
1.​ Name and identity of the person or group making the complaint.
2.​ Clear and detailed facts about the human rights violation.
3.​ Evidence to support what is being claimed.
What happens after the complaint is filed?
●​ The Human Rights Council will review the complaint to check if it is serious and credible.
●​ If the complaint is serious, the Council may look into the overall human rights situation in that
country.
Is the process public?
●​ No, it’s confidential. The complaint is kept private unless the Council decides to make it public.
Strengths of Charter-Based Mechanisms
●​ Universality: Applies to all UN member states regardless of treaty ratification.
●​ Independence: Experts act independently from states, enhancing credibility.
●​ Accessibility: Open to victims, NGOs, and civil society without formal treaty obligations.
●​ Flexibility: Capable of addressing urgent, emerging, or complex human rights issues.
●​ Political Influence: Findings and resolutions often generate international diplomatic pressure.
Limitations and Criticisms
●​ Their decisions and recommendations are not legally binding, so implementation depends on state
cooperation.
●​ There are concerns about politicization, with some states allegedly using the mechanisms to target
political opponents.
●​ The volume of complaints and reports can cause backlogs and delays.
●​ Some states refuse to cooperate or deny access to Special Procedures.
●​ Allegations of selectivity and inconsistent application sometimes undermine effectiveness.

2. UN Treaty Bodies
Treaty Bodies are committees of independent human rights experts established by specific international
human rights treaties to oversee the implementation of those treaties by states parties.
●​ Their jurisdiction covers only those states that have ratified or acceded to the relevant treaty.
●​ Treaty bodies are legally empowered to monitor state compliance but do not issue binding
judgments. Their decisions carry strong legal and moral authority internationally.
Core Functions of Treaty Bodies
●​ Monitoring State Compliance: By reviewing state reports and progress.
●​ Handling Complaints: Considering individual and inter-state communications where allowed.
●​ Conducting Inquiries: Investigating grave or systematic human rights violations.
●​ Issuing General Comments: Providing authoritative interpretations of treaty provisions.

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The State Reporting Process
●​ After ratifying a treaty, states submit an initial report detailing how they are implementing treaty
obligations, usually within 1-2 years.
●​ They then provide periodic reports every 4-5 years.
●​ The treaty body reviews the report and creates a List of Issues to clarify and challenge the state on
specific matters.
●​ The state provides written replies to these issues.
●​ A constructive dialogue occurs in a public session where the state and treaty body experts discuss
progress and challenges.
●​ The body issues Concluding Observations with recommendations on improvements.
●​ States are encouraged to follow up on these recommendations.
Example: The Committee on the Rights of the Child (CRC) has used this process to spur reforms in
juvenile justice, education, and child protection laws worldwide.
Individual Complaint Mechanisms
●​ Many treaties have optional protocols or declarations allowing individuals to submit complaints
alleging violations of treaty rights.
●​ Examples of treaties with individual complaint mechanisms include:
○​ International Covenant on Civil and Political Rights (ICCPR).
○​ Convention on the Elimination of All Forms of Discrimination Against Women
(CEDAW).
○​ Convention Against Torture (CAT).
○​ Convention on the Elimination of Racial Discrimination (CERD).
○​ Convention on the Rights of Persons with Disabilities (CRPD).
○​ International Convention on the Protection of the Rights of All Migrant Workers
(ICMW).
Complaint Process:
●​ The complainant must normally exhaust domestic remedies unless these remedies are ineffective
or unreasonably delayed.
●​ Complaints must be substantiated with evidence and not be anonymous.
●​ The treaty body assesses admissibility and then the merits of the complaint.
●​ The committee issues views or recommendations to the state, which, while not binding, often
prompt changes.
●​ Interim measures can be requested to prevent irreparable harm during the process.
Example: The Human Rights Committee’s decision in Toonen v Australia led to Tasmania repealing laws
criminalizing consensual same-sex relations.
State-to-State Complaints
●​ Some treaties allow states to bring complaints against other states that have violated treaty
obligations.
●​ These are rarely used due to their political sensitivity.
●​ When invoked, the treaty body mediates or establishes a conciliation process.
●​ Both complainant and respondent states must have accepted the procedure.
Inquiry Procedures

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 ●​ Certain treaty bodies can initiate investigations into systematic or grave violations of treaty rights
in a state party.
●​ This is only possible if the state has accepted the inquiry mechanism.
●​ The inquiry may include fact-finding missions and country visits.
●​ The inquiry findings can pressure states to take corrective measures.
General Comments and General Recommendations
●​ Treaty bodies issue general comments to clarify the meaning and scope of treaty provisions.
●​ These documents serve as authoritative guidance for states on how to interpret their treaty
obligations.
●​ They address contemporary human rights challenges, such as climate change, digital privacy, and
intersectionality.
●​ Example: The Human Rights Committee’s General Comment on Article 6 (Right to Life)
expanded protections to include access to healthcare, nutrition, and a healthy environment.
Admissibility Criteria for Complaints
●​ The complaint must be credible, specific, and supported by evidence.
●​ The victim must have exhausted all effective domestic remedies.
●​ The complaint should not be simultaneously under consideration by another international body.
●​ The complainant must not be anonymous.
●​ If the state does not respond or refutes the complaint inadequately, the committee may accept the
complainant’s account.
Strengths and Significance of Treaty Bodies
●​ They promote legal and policy reforms domestically.
●​ Provide a platform for victims to seek redress at the international level.
●​ Enhance state accountability and transparency.
●​ Contribute to the development of international human rights jurisprudence.
●​ Empower civil society organizations and activists to advocate for change.
Limitations and Criticisms
●​ Recommendations are non-binding and depend on states’ political will.
●​ The workload causes delays and report backlogs.
●​ Political factors may influence state cooperation.
●​ Some states decline optional protocols, limiting access to complaint mechanisms.
●​ Reporting obligations are sometimes ignored or delayed by states.
Conclusion
The UN human rights system balances universality and specificity by combining:
●​ Charter-Based Mechanisms that apply broadly to all states and provide flexible, politically
powerful tools to address human rights issues universally.
●​ Treaty Bodies that offer detailed monitoring and accountability for states that voluntarily commit
through ratification to international human rights treaties.
Together, these systems provide a comprehensive international framework for the protection, promotion,
and progressive realization of human rights globally.

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 Regional Mechanisms

1.​Europe- European Convention on Human Rights and the European court of Human Rights
-​ Also known as the Convention for protection of Human Rights and Fundamental freedom.
-​ Signed in Rome on 4th November 1950 and came in force from 3rd September 1953.
-​ First instrument to give effect to certain of the rights stated in the Universal Declaration of
Human Rights.
-​ International treaty to protect human rights and fundamental freedom in Europe.
-​ ECHR was adopted by the council of Europe in 1950.
Preamble
●​ The Convention is inspired by UDHR. which was adopted by the UN in 1948.
●​ Created to help protect human rights and freedom across Europe.
●​ The main goal of the Council of Europe is to bring European countries closer together in peace
and unity.
●​ The way to achieve this unity is by protecting everyone’s rights and freedoms equally.
●​ All the countries that signed the ECHR share similar values, like:
​ Freedom
​ Democracy (the people have power)
​ Rule of law (everyone is equal under the law)
●​ These shared values are seen as the foundation for justice and peace in Europe and the world.
●​ By signing the ECHR, these countries are taking the first step toward working together to make
sure human rights are respected and enforced.
Council of Europe (International Organization)
-​ Established by the treaty of London,1949.
-​ Main goals :
1.​ Promote democracy
2.​ Protect human rights
3.​ Uphold the rule of law
4.​ Encourage unity among European nations.
-​ Main Institutions
1.​ Commitee of Ministers - made up of foreign ministers of each country.
2.​ Parliamentary Assembly - Made up of MPs of each country.
3.​ Congress of Local and Regional Authorities -

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 4.​ Commissioner for Human Rights - An independent official who promotes and monitors
human rights in member countries
The Convention protects the right to:
• life, freedom and security
• respect for private and family life
• freedom of expression
• freedom of thought, conscience and religion
• vote in and stand for election
• a fair trial in civil and criminal matters
• property and peaceful enjoyment of possessions.
The Convention prohibits:
1.​ Death Penalty
2.​ Torture
3.​ Inhuman or degrading treatment or punishment
4.​ Slavery and forced labour
5.​ Unlawful detention
6.​ Discrimination
7.​ Deportation of country’s citizen
8.​ Collective deportation of foreigners
Key prootocols
Protocol 1 : Add important rights like education , free elections , peaceful enjoyment of property
Protocol 4 : Bans collective expulsion of foreigners
Protocol 6 : Abolishes death penalty
Protocol 13 : Abolishes death penalty in all suitation even in war time
Protocol 14 : Improves efficency of ECtHR( speeds up case handling)
Protocol 15 : Shortens the time to bring a case from 6 months to 4 months
European Commission of Human Rights
➢​ Established: 1954
➢​ Abolished : 1998 by protocol 11
➢​ Purpose: To help enforce the European Convention on Human Rights by reviewing complaints
before they reached the European Court of Human Rights
➢​ Individuals couldn’t go directly to the court so they have to go through Commision first.
➢​ The Commission acted as a filter to reduce the Court’s burden.
European Court of Human Rights
-​ International court set up by Council of Europe.
-​ Interpets and enforces the ECHR.
-​ Established : 1959 under Article 19 of ECHR
-​ The court interperts the law using living instrument doctrine - convention is interperted in light of
modern conditions.
-​ Functions
1.​ Hear individual and state complaints
2.​ Interpret the convention

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 3.​ Deliver judgment
4.​ Facilities friendly settlements
5.​ Issue advisory opinions
6.​ Promote human right standards
7.​ Supervise execution of judgment
Complaint mechanism
-​ Any individual, group, NGO or state can file the complaint. Complaint must be claiming to be
personally affected by the violation or abuse of the rights mentioned in ECHR.
-​ Court will only accept your complaint if:
1.​ The court assused is part of Echr
2.​ You are directly affected
3.​ All ready filed complaint in your country courts
4.​ Filed complaint within 4 months of the judgment of your country.
5.​ Application isnt anonymous
6.​ Same complaint isnt already decided by another body
7.​ The problem caused you a serious disadvantage.
-​ To file a complaint, an official application from the ECHR website is filled in by including details
, facts and dates, right that was violated, evidence, and documents supporting your case.
-​ The court checks your application and checks whether it falls under its jurisdiction or not. If it
meets the criteria then the court informs the state about the complaint, if not reject the case. If
accepted, the court may ask for more information and suggest a friendly settlement .
-​ A group of 7 judges or 17 judges review the case. There might be a public hearing if the case is
high profile. The court can ask for more documents or expert opinions. The court gives a final
judgment based on evidence and published on the HUDOC database.
Enforcement of ECtHR Judgments
●​ After judment is made by the [Link] Committee of Ministers supervises the execution of the
Court’s judgments.
●​ State Obligations:
○​ Individual Measures: Compensate the victim, reopen cases, release from detention, or
correct official decisions.
○​ General Measures: Prevent future violations by changing laws, training officials, or
improving conditions (e.g., in prisons).
●​ Supervision Process:
○​ Judgment becomes final after 3 months.
○​ The state must submit an action plan or report on how it will comply.​
The Committee monitors compliance and may:
■​ Hold dialogue with the state
■​ Issue public decisions
■​ Condemn non-compliance
●​ Non-Compliance:
○​ If a state refuses to comply, the Committee can refer the case back to the Court under
Article 46(4).

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 ●​ Final Step:
○​ When compliance is complete, the Committee closes the case with a final resolution.
Article 46 Binding force and execution of judgments
1.​ Countries must follow the Court’s final rulings in cases they are involved in.
2.​ The Committee of Ministers checks to make sure the country actually follows the ruling.
3.​ If there is confusion about what the judgment means, the Committee can ask the Court to explain
it (needs a 2/3 vote).
4.​ If a country refuses to obey the ruling, the Committee can ask the Court to confirm this (also
needs a 2/3 vote).
5.​ If the Court agrees the country disobeyed, the Committee will decide what actions to take.​
If the Court says the country did nothing wrong, the Committee will close the case.

2. Inter American Commission on Human Rights and Inter American Court of Human Rights
Inter american convntion on human rights
➔​ Adopted: 22 November 1969, in San José, Costa Rica
➔​ Entered into force: 18 July 1978
➔​ Also known as: Pact of San José
➔​ Part of: The Organization of American States (OAS)
➔​ Supervised by:
◆​ Inter-American Commission on Human Rights (based in Washington, D.C.)
◆​ Inter-American Court of Human Rights (based in San José, Costa Rica)
-​ Purpose
●​ To strengthen democracy, justice, and personal freedom in the Americas.
●​ Aims to protect essential human rights within a system based on democratic institutions.
Preambles
-​ Emphasizes that all human rights are universal, equal, and connected.
-​ Aims to strengthen democratic institutions in the Americas.
-​ Promotes a system based on liberty, justice, and respect for human rights.
-​ Focuses on creating conditions where people can live free from fear and want.
-​ Stresses that both civil-political and economic-social-cultural rights are essential
-​ Reaffirms the duty to eliminate all forms of discrimination, including age-based discrimination.
-​ Countries must respect and ensure the rights in the Convention without discrimination.
-​ Recognizes the right to life from the moment of conception.
-​ Emphasizes the right to humane treatment.
-​ Protect fundamental freedoms of thought, expression, conscience , religion , assembly and
movement
-​ Bans on hate and war propaganda.
Inter american commission on human rights (IACHR)
-​ Is an autonomous body of the organization of American States.
-​ Works alongside the inter american court of human rights to protect and promote human rights in
the Americas.
-​ Permanent body.

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 -​ Holds regular and special sessions to review complaints of human rights violations and monitor
the human rights suitation in OAS member states.
Functions of the IACHR
●​ Receives and investigates complaints from individuals about human rights violations under the
American Convention.
●​ Tries to resolve cases amicably between victims and states (friendly settlements).
●​ Monitors human rights in all OAS member countries and prepares country-specific reports when
needed.
●​ Conducts on-site visits to countries to assess general conditions or investigate specific cases.
●​ Raises awareness of human rights issues across the region through education and outreach.
●​ Organizes events like seminars, conferences, and meetings with governments, NGOs, and
universities.
●​ Gives recommendations to states on how to better protect human rights.
●​ Requests precautionary measures in urgent cases to prevent serious or irreversible harm to
individuals.
●​ Refers serious cases to the Inter-American Court of Human Rights and argues the case before the
Court.
●​ Asks the Court for advisory opinions to help interpret the Convention and other human rights
documents.
Inter-American Court of Human Rights
-​ Human right court for countries in America
-​ Works together with the Inter American commision on human rights to protect people’s rights.
-​ Created by American convention on human Rights 1969 and began operating in 1979.
Complaint mechanism
➢​ Individuals can't go directly to the court. They must go through the Commision first.
➢​ Individuals file a complaint to the inter american commission on human rights.
➢​ The Commission reviews the complaint :
-​ Check if the case is valid.
-​ Ask the country to respond.
-​ Tries to solve it through friendly settlement
➢​ If the issue is not solved, the commission sends the case to the court but only if the country has
accepted the court’s authority.
➢​ The court hears the case and conduct two phases i.e. written phase ( each side sends documents
and arguments) and oral phase ( witnesses and experts can speak)
➢​ After hearing the court gives a final judgment. No appeals are allowed and decisions given by the
court are binding for the country.
Who Can Be Taken to the Court?
●​ Only countries that have:
1.​ Ratified the American Convention on Human Rights
2.​ Accepted the Court’s jurisdiction

Article 48 – Procedure for Handling a Petition

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 ❖​ When the Commission receives a complaint:
➢​ It follows these steps:
-​ If the complaint is admissible (i.e., meets basic requirements):
●​ The Commission sends the complaint to the government (State accused).
●​ The State must respond within a reasonable time (set by the Commission).
-​ After receiving the response, or if the deadline passes:
●​ The Commission checks if the reason for the complaint still exists.
-​ The Commission can also reject the case later:
●​ If new info shows it is inadmissible or out of order.
-​ If the case continues (not closed):
●​ The Commission investigates the complaint and examines the facts.
●​ States must cooperate and provide access or documents.
-​ The Commission can request more info:
●​ It can hold hearings or ask for written statements from both parties.
-​ Friendly settlement:
●​ The Commission will help both sides resolve the matter peacefully, as long as human rights are
respected.
❖​ In urgent or serious cases:
●​ If the case is serious and urgent, and the petition is admissible,
-​ The Commission can begin an investigation right away, but it must get permission from the State
where the violation allegedly occurred.
Article 45 – Inter- State Complaints
●​ A country can agree to let the Human Rights Commission handle complaints from other
countries.
●​ This agreement can be made when:
○​ The country joins the Convention, or
○​ Later at any time.
●​ But:
○​ Only countries that have agreed to this system can complain.
○​ A complaint cannot be made against a country that has not agreed.
●​ The agreement can last:
○​ Forever
○​ For a short time
○​ For one specific case only
●​ The agreement must be sent to the OAS office, which will inform all member countries
3. African Commission on Human and People’s Rights and African Court of Human and People’s Rights
African Commission on Human and Peoples’ Right (ACHPR )
●​ Started in: 1987
●​ Created by: Article 30 of the African Charter on Human and Peoples' Rights
●​ Main Purpose:
-​ To promote, protect, and interpret human and peoples’ rights in Africa.

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 ➢​ Key Functions:
1.​ Promotion of Rights
○​ Spreads awareness of human rights in Africa
○​ Encourages education and cooperation on rights issues
2.​ Protection of Rights
○​ Receives and investigates complaints of human rights violations
○​ Reviews reports submitted by African countries on their human rights situation
○​ Can help resolve disputes through friendly settlement
3.​ Interpretation of the Charter
○​ Explains what different parts of the African Charter mean
○​ Offers guidance on how countries should apply the Charter
African Charter
-​ It is a human right treaty for the African continent.
-​ The purpose is to promote and protect human rights and basic freedoms in Africa.
-​ A commitee of experts drafted the charter.
-​ Came into force on 21 October 1986.
-​ All 53 AU countries are parties.
-​ Consists of 68 articles divided into four chapters.
Preamble
➢​ African countries agreed to create a human rights document for Africa.
➢​ The Charter is based on values like freedom, equality, justice, and dignity.
➢​ It supports ending colonialism and working together for a better life in Africa.
➢​ It respects the United Nations and the Universal Declaration of Human Rights.
➢​ African traditions and culture are important in thinking about human rights.
➢​ Human rights come from being human and must be protected for everyone.
➢​ Peoples' rights are important to make sure human rights are respected.
➢​ Everyone has duties as well as rights.
➢​ Civil and political rights must go together with economic, social, and cultural rights.
➢​ Development is necessary for people to enjoy their rights.
➢​ Africa must be fully free from colonialism, apartheid, foreign military control, and all
discrimination.
➢​ The Charter supports other human rights efforts around the world.
➢​ African countries promise to protect and promote human and peoples’ rights.
Rights Protected by the African Charter:
●​ Equality and non-discrimination
●​ Right to life and dignity
●​ Freedom from torture and cruel treatment
●​ Fair trial and due process
●​ Freedom of thought, expression, religion, assembly, and movement
●​ Right to property, work, health, education, and cultural development
●​ Right to participate in government

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 ●​ Collective rights like self-determination and development
Prohibited Acts:
●​ Discrimination
●​ Torture and cruel or degrading treatment
●​ Slavery and forced labor
●​ Arbitrary arrest and detention
●​ Colonialism and apartheid
●​ Actions violating human dignity and freedoms
African Court on Human and Peoples Right
●​ is a regional court set up to protect human rights in Africa.
●​ It works together with the African Commission to strengthen human rights protection.
●​ The Court was created by a Protocol to the African Charter in 1998, and the Protocol came into
force in 2004.
●​ The Court is based in Arusha, Tanzania.
●​ 34 African countries have ratified the Protocol to allow the Court’s jurisdiction.
●​ However, only 8 countries (e.g., Burkina Faso, Ghana, Mali, Niger, etc.) have given the Court
permission to receive direct complaints from individuals and NGOs.
Jurisdiction:
●​ The Court can handle:
○​ Contentious cases (legal disputes and human rights violations),
○​ Advisory opinions (legal advice on human rights questions, requested by AU bodies or
recognized African organizations).
Complaint Mechanism
Article 47​
A State Party that believes another State Party has violated the Charter can send a written complaint to
that State, also informing the OAU Secretary-General and the Chairman of the Commission.​
The responding State must reply within 3 months, explaining the issue, relevant laws, procedures, and
any remedies.
Article 48​
If the matter is not resolved within 3 months through negotiation or peaceful means, either State can refer
the dispute to the African Commission, and notify the other State.
Article 49​
Even without prior bilateral communication (as in Article 47), a State may directly submit a complaint to
the Commission, informing the Chairman, the OAU Secretary-General, and the other State.
Article 50​
Before the Commission accepts a case, it must ensure that all local (domestic) remedies have been used,
unless doing so would take too long or be ineffective.
Article 51​
The Commission may request all necessary information from the States involved.​
The States can appear before the Commission and submit oral or written statements.

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Article 52​
The Commission investigates the case, tries to reach a peaceful and fair resolution, and prepares a report
stating the facts and its findings.​
The report is shared with the States involved and with the Assembly of Heads of State and Government.
Article 53​
The Commission can make recommendations to the Assembly of Heads of State and Government when
submitting its report.
Article 54​
The Commission submits a full activity report to each Ordinary Session of the Assembly of Heads of
State and Government.
[Link] region- Arab Commission of Human Rights
●​ The Arab Commission for Human Rights (ACHR) was established in 1998 as an independent
regional human rights organization.
●​ It is based in Paris, France, but focuses on human rights issues within the Arab region (22 Arab
States).
●​ The ACHR was created due to the lack of a strong regional human rights body in the Arab world,
aiming to promote and protect human rights in these countries.
●​ It works alongside the United Nations human rights system and complements international and
regional efforts.
●​ The Commission emphasizes the respect for human dignity, justice, freedom, and equality as
universal values that should be protected in Arab countries.
●​ It recognizes the importance of cultural context but stresses that human rights are universal and
indivisible.
●​ It operates with the conviction that democratic governance, rule of law, and respect for
fundamental freedoms are essential for peace and stability in the Arab region.
2. Main Theme and Mandate
●​ The ACHR’s primary theme is the promotion and protection of all human rights in the Arab
States, including civil, political, economic, social, and cultural rights.
●​ It particularly focuses on monitoring violations such as:
○​ Arbitrary detention
○​ Torture and ill-treatment
○​ Restrictions on freedom of expression, association, and assembly
○​ Discrimination against minorities and vulnerable groups
●​ The Commission also engages in:
○​ Human rights research and documentation
○​ Public awareness and education
○​ Advocacy at national, regional, and international levels
○​ Support to victims of human rights violations
3. Unique Features
●​ Regional Focus: Unlike UN bodies or international NGOs, ACHR specifically targets the Arab
world’s political, social, and cultural contexts.

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 ●​ Independence: ACHR operates independently from governments and political parties, which
allows it to criticize abuses without bias.
●​ Multilingualism: Activities and reports are produced in Arabic, French, and English, enhancing
accessibility across the region.
●​ Non-Governmental: ACHR is not a governmental organization but collaborates closely with civil
society and UN mechanisms.
●​ Bridging Gap: It acts as a bridge between local NGOs, victims, and international human rights
institutions, helping Arab voices be heard globally.
●​ Advocacy for Reform: Supports legal and institutional reforms to align Arab States with
international human rights standards.

Complaint Mechanism of the Arab Commission for Human Rights (ACHR)

1. Purpose
●​ The complaint mechanism exists to provide a channel for individuals, groups, and organizations
to report human rights violations occurring in the Arab region.
●​ It helps victims and witnesses to seek redress, raise awareness, and promote accountability where
national remedies may be ineffective or unavailable.
2. Who Can Submit Complaints?
●​ Individuals who believe their rights have been violated.
●​ Groups or organizations, including NGOs, that document or witness violations.
●​ Victims or their families.
●​ Human rights defenders acting on behalf of victims.
3. Types of Complaints Covered
●​ Arbitrary arrest and detention
●​ Torture, ill-treatment, or cruel punishment
●​ Restrictions on freedom of expression, assembly, and association
●​ Discrimination based on ethnicity, religion, gender, or political opinion
●​ Violations of economic, social, and cultural rights when linked to repression or discrimination
●​ Other serious human rights abuses occurring in the Arab States
4. How to Submit a Complaint
●​ Complaints can be submitted in writing (letters, emails, or online forms).
●​ The complaint should include:
○​ The identity of the victim(s) (unless confidentiality is requested).
○​ A detailed description of the violation: what happened, when, where, and who is
responsible.
○​ Any available evidence such as documents, witness statements, medical reports.
●​ The ACHR ensures confidentiality and protection for complainants who fear reprisals.
5. Complaint Handling Process
●​ The ACHR receives and reviews complaints to assess their credibility and seriousness.
●​ It may carry out further investigation or verification using its network of contacts, local NGOs,
and UN bodies.

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 ●​ The ACHR raises the complaint with the relevant government au9thorities in the country where
the violation occurred, calling for explanations or remedial action.
●​ If the State ignores or denies the complaint, ACHR can:
○​ Bring international attention to the issue through reports, press releases, or advocacy
campaigns.
○​ Refer urgent or serious cases to UN human rights mechanisms, such as Special
Rapporteurs, treaty bodies, or the Human Rights Council.
●​ ACHR supports victims by advising on legal remedies or international advocacy.

6. Limitations and Strengths

●​ ACHR does not have judicial power: it cannot impose sanctions or enforce decisions.
●​ The effectiveness depends on:
○​ The political will of States to respond.
○​ The international community’s pressure.
○​ The ACHR’s ability to mobilize support and publicize violations.
●​ Despite this, the complaint mechanism is crucial because it:
○​ Provides visibility to abuses often ignored.
○​ Empowers victims and activists.
○​ Acts as a bridge between local struggles and international accountability.

ASEAN Intergovernmental Commission on Human Rights (AICHR)

Background and Preamble
●​ Established: 2009
●​ Created under the ASEAN Charter (Article 14
●​ First regional human rights body in Southeast Asia.
●​ Covers the 10 ASEAN member states: Brunei, Cambodia, Indonesia, Laos, Malaysia, Myanmar,
Philippines, Singapore, Thailand, Vietnam.
Mandate and Theme
●​ Promote and protect human rights and fundamental freedoms in the ASEAN region.
●​ Ensure regional cooperation while respecting:
○​ State sovereignty
○​ Non-interference in internal affairs
○​ ASEAN way of consensus and non-confrontation
Unique Features
●​ Intergovernmental in nature, not independent like other regional bodies (e.g., European Court of
Human Rights).
●​ Emphasis on dialogue and cooperation, not naming and shaming.
●​ Works under strict respect for state sovereignty, which limits direct intervention.
●​ Members are government representatives, not independent experts.
●​ Has a role in developing the ASEAN Human Rights Declaration (AHRD, 2012).
Functions
●​ Promotion of human rights through:

53
 ○​ Public education
○​ Research and training
○​ Capacity building
○​ Dialogue with civil society
●​ The protection role is limited and generally passive.
●​ Does not have a formal complaint mechanism or power to investigate violations.
Limitations
●​ No individual complaints mechanism
●​ No power to enforce decisions or compel state action
●​ Government-dominated structure may lead to bias or inaction
●​ Member states often prioritize national sovereignty over accountability
Enforcement
●​ No judicial powers.
●​ Relies on state cooperation, voluntary compliance, and moral pressure.
●​ Promotes regional norms and encourages alignment with international human rights standards,
but without binding decisions.

SAARC Human Rights Initiatives

Background
●​ SAARC (South Asian Association for Regional Cooperation) includes:​
Afghanistan, Bangladesh, Bhutan, India, Maldives, Nepal, Pakistan, Sri Lanka.
●​ SAARC does not have a regional human rights commission like ASEAN or the African Union.
●​ Human rights initiatives are scattered and issue-specific, not institutionalized under one body.
Key Human Rights-Related Initiatives
-​ SAARC Convention on Child Welfare (2002)
●​ Focus: Promoting rights and well-being of children
●​ Covers survival, development, protection, and participation rights
-​ SAARC Convention on Preventing and Combating Trafficking in Women and Children for
Prostitution (2002)
●​ Aims to prevent trafficking and protect victims
●​ Includes cooperation between member states and victim rehabilitation
-​ SAARC Social Charter (2004)
●​ Broader commitment to economic, social, and cultural rights
●​ Covers health, education, poverty eradication, and gender equality
-​ SAARC Gender Policy Advocacy Group
●​ Works on empowering women, gender equality, and mainstreaming gender across SAARC
programs
Unique Features of SAARC Human Rights Efforts
●​ Issue-based approach (e.g., children, trafficking, gender) rather than a general rights framework
●​ No centralized body or court for human rights
●​ Emphasis on cooperation and development, not legal accountability
●​ Lack of enforcement or complaint systems

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Limitations
●​ No regional human rights commission or court
●​ No complaint mechanism for individuals or groups
●​ Decisions are non-binding, often lacking in implementation
●​ Strong focus on national sovereignty and non-interference

Unit 4 National Human Rights Institutions (NHRIs)

●​ NHRIs are official bodies created by a country to protect and promote human rights.
●​ They are independent, even though they receive money from the government.
●​ They are set up through:
○​ The Constitution
○​ A law passed by Parliament
○​ A government decision (executive order)
●​ NHRIs created by the Constitution or law are usually stronger and more independent.
Main Work of NHRIs (Mandate)
NHRIs are responsible for:
●​ Monitoring the human rights situation in the country.
●​ Investigating complaints from individuals or groups.
●​ Looking into serious or widespread human rights problems.
●​ Advising the government on how to improve human rights.
●​ Educating people and government workers about human rights.
●​ Publishing reports to share information and findings with the public.
Powers of NHRIs
NHRIs have the power to:
●​ Investigate both individual complaints and larger issues.
●​ Carry out formal inquiries and investigations.
●​ Recommend compensation or help for victims.
●​ Call people, gather evidence, and record statements.
●​ In serious cases, enter places, rescue victims, and seize documents or proof.
●​ Suggest changes in laws or government policies.
●​ Sometimes, even start legal action in court.
International Standards – The Paris Principles
●​ The Paris Principles were adopted by the UN in 1993.
●​ They give rules for how NHRIs should work.
●​ According to these principles, NHRIs must have:
1.​ Independence by law or constitution
2.​ Freedom from government control
3.​ Members from different parts of society (pluralism)
4.​ A broad role to cover all human rights

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 5.​ Enough funds and staff
6.​ Strong powers to investigate and act
Accreditation and International Role
●​ If an NHRI follows the Paris Principles well, it can get “A status” from the Global Alliance of
NHRIs (GANHRI).
●​ With A status, it can:
○​ Attend UN Human Rights Council meetings
○​ Speak and participate at international forums
○​ Connect local human rights work with global efforts
Models of NHRIs
Different countries organize their National Human Rights Institutions (NHRIs) in different ways. These
are called models. The structure and way they work can vary, but all models aim to protect human rights.
Here are the 4 main models:
1. Human Rights Commission Model
●​ This model has a group of people working together, not just one person.
●​ These people are usually called commissioners.
●​ They have a wide range of responsibilities, such as:
○​ Promoting human rights
○​ Investigating complaints
○​ Doing research
○​ Giving advice to the government
○​ Teaching people about their rights
●​ This is the most common model in many countries.
●​ It is active in many areas, not just solving individual cases.
example: A team of experts working together to protect everyone’s rights and improve laws.
2. Ombudsman Model
●​ This model is usually led by one person, called an ombudsman.
●​ The ombudsman’s main job is to look into complaints from individuals, especially when
government offices or officials act unfairly.
●​ It focuses more on problems in public services or administration (e.g., unfair treatment by a
government office).
●​ The ombudsman can investigate, ask questions, and recommend solutions.
example: Like a referee who listens to people’s complaints when government departments don’t treat
them fairly.
3. Hybrid Model
●​ This model is a mix of both the commission and ombudsman models.
●​ It has both:
○​ A group of people (like a commission), and
○​ A focus on individual complaints (like an ombudsman)
●​ It works on general human rights promotion (like awareness, education, law reform) and also
handles individual complaints.
●​ It is flexible and can do many things.

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example: A team that educates people about rights and also helps individuals who face human rights
problems.
4. Advisory or Consultative Model
●​ This model does not have strong powers to investigate or punish.
●​ It mostly gives advice to the government on laws, policies, and human rights issues.
●​ It may also raise awareness and monitor the situation, but it cannot take action on individual
complaints.
●​ This model is more supportive and consultative than action-based.
example: A group of experts who guide and advise the government but cannot solve personal human
rights case
Domestic Implementation of Institutional Human Rights in Nepal
Domestic implementation of human rights (HR) in Nepal needs a full set of actions in different areas like
laws, institutions, procedures, policies, and public awareness. Below is a clear explanation of the
important things Nepal needs to respect and protect human rights in a strong and lasting way, focusing on
both history and legal systems.
Essential Requirements for Domestic Implementation of Human Rights
To make sure human rights are properly respected and followed in the country, the following points are
very important:
Constitutional and Legal Framework:
There must be a strong base in the constitution that clearly says human rights are protected. This should
be supported by laws that clearly say what rights people have and how they are protected.
Effective Institutions:
There should be strong and independent bodies like the National Human Rights Commission (NHRC),
courts, special commissions, and government departments that work properly to protect human rights.
Procedures and Processes Including Effective Remedy:
There should be clear steps for checking if rights are being followed, investigating problems, handling
complaints, and giving people help through the courts if their rights are violated.
Policies and Programs Including Awareness Raising:
The government should have plans and policies to promote a culture of human rights. This includes
teaching people and officials about human rights and preventing violations through education and
training.
Vibrant Civil Society and Free Media:
Human rights protection becomes stronger when there are active civil society groups and a free media.
They help monitor what’s going on, pressure authorities to do the right thing, and support victims of
rights violations.
Linkages Between Protection Systems:
Nepal’s own human rights system should be connected with international and regional human rights
systems so that the standards and actions work together.
Consistency with Global and Regional Norms:
Nepal’s human rights laws and systems should match international human rights rules. This helps make
sure everyone gets equal protection and makes it easier for countries to work together.
Global and Regional Protection as a Backstop:

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If someone does not get justice inside Nepal, they can get help from international and regional human
rights bodies. These can provide extra support and make sure rights are protected when national systems
fail.
2. Historical Development of Human Rights Protection in Nepal
Early Foundations:
Nepal’s serious work in protecting human rights started recently. The Nepal Government Act 2004 B.S.
was the first written constitution that included basic rights like personal liberty and property, but these
rights were limited and followed authoritarian (non-democratic) ideas.

Progress through Constitutions and Laws:

●​ In 2006 B.S., some new laws began to give more protection to personal freedom and human
rights.
●​ The Interim Constitution of 2007 B.S. gave more clear and stronger recognition of fundamental
rights (FRs).
●​ In 2012 B.S., Nepal joined the United Nations, promising to follow international human rights
standards.
●​ The Constitution of the Kingdom of Nepal 2047 B.S. (1990 AD) brought big improvements. It
expanded human rights protections, removed laws that allowed life imprisonment, and added
rights like protection from torture, right to information, and right to privacy.
●​ Later constitutions, especially the 2015 Constitution (2072 B.S.), made both civil and political
rights (CPRs) and economic, social, and cultural rights (ESCRs) stronger. These are written from
Articles 16 to 46.
3. Constitutional and Legal Mechanisms
●​ Human rights were formally accepted in Nepal’s Constitution in 1990. The preamble (beginning
part) of the 1990 Constitution clearly said the country is committed to human rights.
●​ The Human Rights Commission Act, 1997 created the National Human Rights Commission
(NHRC) as an independent and strong body to protect and promote human rights, according to
the constitution and laws.
●​ Under the Interim Constitution of 2007 B.S., the NHRC became a constitutional body.
●​ The NHRC Act 2012 replaced the earlier law and gave the NHRC more powers and
responsibilities.
●​ The 2015 Constitution gave a full legal and structural system for human rights. It guaranteed
many basic rights under Articles 16 to 46, and also included legal ways to enforce them.
Key Constitutional Provisions:

Provision Description

Part 3 (Articles Lists the main fundamental rights like civil, political, economic, social, and
16–46) cultural rights.

Articles 133 & 144 Give the District Courts and High Courts the power to protect rights by issuing
special orders (writs).

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 Article 249 Makes the NHRC a constitutional body and explains its work, duties, and
powers to protect and promote human rights.

The NHRC’s job, as per the Constitution and law, is to honor, protect, and promote human rights. It has
the power to:
●​ Do investigations
●​ Recommend actions
●​ Monitor whether human rights are being respected or not
Funtions
1.​ Conduct inquiries; investigations, recommendations for action against the perpetrator through a
complaint presented to the commission by the victim herself/himself or any person on their behalf
or upon information received from any sources or on its own initiative
2.​ Forward a recommendation to concerned authorities to take departmental action against any
authority; having the duty to prevent violations if it failed to perform such duty or responsibility,
or was reckless
3.​ Make recommendations if necessary; to lodge a petition in the court, in accordance with the law,
against a person or institution
4.​ Work jointly or coordinate with civil society to enhance awareness of human rts
5.​ Forward a recommendation to the relevant authority for taking departmental action or imposing
punishment on violators
6.​ Review existing laws related to human rts on a periodic basis and to recommend
7.​ Recommend to GON to become a party to any desirable international treaties, monitor
implementation of int’l treaties and agreements on HRs
8.​ Publicize the names of any official, person or body not following or implementing the recs
Powers:
1.​ Same as of a court in requiring any person to appear before the commission for recording their
statement and information or examining them, receiving and examining evidence, ordering the
production of any physical proof
2.​ In case of info of serious HR vio, enter a person’s residence or office, conduct a search and seize
any document and evidence related to HR vios therein
3.​ Enter gov premise or other places w/o prior notice, rescue the victim
4.​ Order compensation for the victims of HR violation

Legal Mechanisms Supporting Human Rights Protection in Nepal

a. Ratification of International Human Rights Instruments
Nepal has agreed to (ratified) many international human rights treaties. This means Nepal has a duty to
apply these rights and protections inside the country.
Nepal uses a mixed system to apply international treaties:
●​ Monism: Some international treaties automatically become part of Nepali law.
●​ Dualism: Other treaties need Nepal to pass a separate law to make them effective at home.
b. National Human Rights Commission Act
This law explains what "human rights" means in Nepal. It includes rights that come from:

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 ●​ The Constitution of Nepal,
●​ Other existing laws related to life, freedom, equality, and human dignity,
●​ International human rights treaties that Nepal has accepted.
c. Key National Laws That Protect Human Rights
Nepal has many laws to protect specific rights. Below is a list of important areas and the laws that protect
them:

Rights Area Laws What They Do

Freedom and Civil Rights Act 1955, Civil Service Act Protect freedom of religion, property,
Equality 1997 equality, and ban discrimination.

Anti-Caste Caste-Based Discrimination and Makes caste discrimination and

Discriminatio Untouchability Act 2011 untouchability illegal.
n

Opinion and Press and Publication Act 1992, National Protects free speech, opinion, and media
Expression Broadcasting Act 1993 rights.

Political Political Parties Act 2002 Guarantees the right to form parties, vote,
Participation and run in elections.

Social Organization Registration Act 1974, Social Supports civil society and NGOs in social
Development Welfare Council Act 1993 development.

Environmenta Environment Protection Act 1996, Forest Protects the right to a clean and healthy
l Rights Act 1993 environment.

Education Education Act 1971, Higher Secondary Supports all levels of education including
Rights Education Act 1989, Technical Education technical training.
and Vocational Training Act 1989

Cultural & National Foundation for Development of Protects the identity and culture of
Indigenous Indigenous Nationalities Act indigenous communities.
Rights

Women’s Domestic Violence Act 2010, Human Protect women from violence and
Rights Trafficking and Transportation Act 2007, trafficking; ensure property rights.
Penal Code provisions

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Labor Rights Labor Act 2017, Bonus Act 1973, Trade Protects workers’ rights, fair wages,
& Protection Union Act leave, and bans child labor.

Children’s Children Act 2075 (2018), Convention on Follow international rules to protect
Rights the Rights of the Child (CRC) children.

Consumer Consumer Protection Act, Black Marketing Protects people from unsafe products and
Rights and Social Offenses Act, Food Act unfair business practices.

Social Justice Reservation rules for education and jobs Helps marginalized groups like Dalits,
& Inclusion women, and indigenous people.

Right to Right to Information Act (also in the Gives people the right to access
Information Constitution) government information.

Senior Article 41 of the Constitution Protects the rights and well-being of older
Citizens’ people.
Rights

Food Rights National food laws and policies Protects people’s right to food and a
and Security secure food system.

Executive Measures and Institutional Structures to Protect Human Rights in Nepal

1. National Human Rights Commission (NHRC)
●​ Constitutional Basis: Article 249 of the Constitution of Nepal.
●​ Independent constitutional body responsible for protecting and promoting human rights in Nepal.
●​ Key Powers and Functions:
○​ Investigate human rights violations (on its own or based on complaints).
○​ Visit jails or detention centers without prior notice.
○​ Recommend prosecution, compensation, and reforms.
○​ Monitor and report on Nepal's international human rights commitments.
●​ Significance:
○​ Acts as the main national human rights institution (NHRI).
○​ Has “A” status accreditation by the Global Alliance of NHRIs (GANHRI), recognizing
its compliance with international standards (Paris Principles).
2. Attorney General (Human Rights Role)
●​ Legal Basis: Article 158(6)(c) of the Constitution.
●​ Specific Human Rights Role:

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 ○​ Investigate complaints related to inhumane treatment in custody.
○​ Address restrictions on detainees' right to meet family members or lawyers.
○​ Instruct concerned authorities to take corrective action.
3. National Women Commission
●​ Legal Framework: Article 253 of the Constitution; National Women Commission Act, 2008.
●​ The Constitutional Body focused on promoting and protecting the rights of women.
●​ Major Responsibilities:
○​ Formulate gender-sensitive policies and programs.
○​ Review implementation of laws related to women’s welfare.
○​ Monitor, evaluate, and suggest reforms for state policies.
○​ Conduct research on gender equality and women’s empowerment.
○​ Recommend the government to take legal actions or file cases for rights violations.
○​ Monitor international commitments like CEDAW.
4. National Dalit Commission
●​ Legal Framework: Article 255 of the Constitution.
●​ Core Mandate:
○​ Work to eliminate caste-based discrimination.
○​ Conduct research and propose policies for Dalit upliftment.
○​ Monitor the enforcement of laws and programs.
○​ Ensure Nepal fulfills international obligations (like ICERD).
○​ Recommend actions, including court petitions, in cases of rights violations.
5. Indigenous Nationalities Commission (Adivasi Janajati Commission)
●​ Legal Basis: Article 261 of the Constitution.
●​ Previously established under the National Foundation for the Development of Indigenous
Nationalities Act, 2001.
●​ Role and Mandate:
○​ Promote the social, economic, cultural development of indigenous peoples.
○​ Conduct studies and policy formulation on indigenous rights.
○​ Advocate for the implementation of national and international commitments (like ILO
Convention No. 169).
6. National Muslim Commission
●​ Legal Basis: Article 264 of the Constitution.
●​ Mandate:
○​ Work on social, economic, and cultural development of the Muslim community.
○​ Recommend amendments in laws and policies.
○​ Conduct studies and follow-up on implementation.
○​ Recommend special programs for empowerment and inclusion.
7. National Inclusion Commission
●​ Legal Basis: Article 258 of the Constitution.
●​ Mandate:

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 ○​ Conduct studies on the status of minorities and marginalized groups.​

○​ Review state policies and laws affecting inclusive development

○​ Recommend new or revised policies and programs.
○​ Monitor whether rights and development goals are being met.
8. Madhesi Commission
●​ Legal Basis: Article 262 of the Constitution.
●​ Mandate:
○​ Study and recommend actions for upliftment, protection, and inclusion of the Madhesi
community.
○​ Advocate for representation, development, and policy reforms.
9. Tharu Commission
●​ Legal Basis: Article 263 of the Constitution.
●​ Mandate:
○​ Promote the development and inclusion of the Tharu community.
○​ Conduct research and recommend legal and policy measures.
○​ Monitor implementation of rights-based programs.
10. Need for Strengthened Coordination
●​ While these bodies have individual mandates, there is a need for better coordination among them
and with other human rights actors such as:
○​ Government agencies
○​ Civil society organizations
○​ Local governments
●​ This ensures that human rights policies and protections are implemented effectively and
uniformly.
11. Relevant National Policies Supporting Human Rights
These policies help promote the rights of specific groups and sectors:
●​ Health & Education:
○​ National Health Policy (1992)
○​ Special Education Policy (1996)
○​ Informal Education Policy (2006)
○​ National Children Policy (2013)
●​ Marginalized and Vulnerable Groups:
○​ National Policy on Disabilities and Work Plan (2006)
○​ Senior Citizen Policy and Action Plan (2001)
○​ Policy for Internally Displaced People (2006)
●​ Environment & Agriculture:
○​ National Wetland Policy (2003)
○​ Climate Change Policy (2011)
○​ Agro-Biodiversity Policy (2006)
○​ National Water Plan / Water Resource Policy
●​ Labor & Gender Equality:

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 ○​ Labour and Employment Policy (2005)
○​ Elimination of All Forms of Discrimination Against Women (CEDAW)
○​ Beijing National Action Plan (NAP) for Gender Equality
○​ Anti-Human Trafficking Programs
12. National Human Rights Action Plans
➤ Fifth National Human Rights Action Plan (2020–2025)
●​ Focus Areas:
○​ Civil and Political Rights
○​ Economic, Social, and Cultural Rights
○​ Rights to education, health, food, housing, labor, and social security
○​ Rights of children and marginalized groups
○​ Transitional justice and prison reform
○​ Environmental rights
●​ Governance Structure:
○​ Coordination Committees at national, provincial, and district levels
○​ Participants: Government agencies, civil society, local officials, human rights activists
●​ Monitoring Mechanism:
○​ Led by the National Human Rights Commission
○​ Supported by provincial human rights commissions and civil society
○​ Includes trainings, seminars, evaluations, and progress tracking
13. National Action Plan on Business and Human Rights
●​ Aligned with: UN Guiding Principles on Business and Human Rights
●​ Thematic Focus:
○​ Labor rights
○​ Migrant worker protections
○​ Consumer rights
○​ Environmental and indigenous people’s rights
○​ Non-discrimination and gender equality
●​ Implementation:
○​ Led by a Central Monitoring Committee under the relevant Ministry
○​ Supported by:
■​ Business stakeholders
■​ Government agencies
■​ Civil society
■​ International development partners (e.g., UNDP)

Judicial Measures for Human Rights Protection in Nepal, including landmark Supreme Court
cases:
1. Right to Constitutional Remedies
Article 46 – Access to Legal Remedies
●​ Every citizen has the right to go to court if their fundamental rights are violated.

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 ●​ The Constitution ensures this right can be enforced through:
○​ Article 133 (Supreme Court powers)
○​ Article 144 (High Court powers)
2. Powers of the Judiciary to Protect Rights
Article 133 – Powers of the Supreme Court
●​ The Supreme Court can:
○​ Issue writs like:
■​ Habeas corpus – release someone unlawfully detained.
■​ Mandamus – direct an authority to perform a duty.
■​ Prohibition – stop a lower court from overstepping its powers.
■​ Certiorari – cancel illegal decisions.
■​ Quo warranto – question a person’s right to hold public office.
○​ Invalidate laws that contradict the Constitution or fundamental rights.
○​ Provide justice even when no other legal option is available.
○​ Handle public interest cases on rights-related matters.
Article 144 – Powers of the High Court
●​ The High Court can:
○​ Enforce fundamental rights at the local level.
○​ Provide remedies when rights are violated.
○​ Support the Supreme Court’s mission to uphold justice.
Landmark Supreme Court Cases in Human Rights Protection
a. Tek Tamrakar v. HMG (Badi Community Rights Case)
●​ Issue:​
The law did not allow Badi community members (a marginalized group) to register their
children’s birth properly. It treated them unequally.
●​ Decision:​

○​ The Supreme Court ruled that this violated the right to equality under the Constitution
and international human rights.
○​ Struck down the part of the law that caused discrimination.
○​ Confirmed that Badi people have equal rights and dignity.
b. Kaman and Ram v. Government of Nepal (Dalit Discrimination Case)
●​ Issue:​
Dalit community members were socially boycotted and forced to do degrading work like
removing dead animals, violating their dignity and rights.
●​ Decision:
○​ The Supreme Court ordered local government offices (like Police, District
Administration) to take action against caste-based discrimination.
○​ Emphasized the government’s duty to implement constitutional and international
obligations (like ICERD).
c. Pun Devi Maharjan v. Government of Nepal (Kumari Tradition Case)

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 ●​ Issue:​
The Kumari system (where young girls are worshipped as living goddesses) was questioned – did
it violate children's rights?
●​ Decision:
○​ The Supreme Court studied the practice.
○​ Concluded that the Kumari system did not violate children's rights, as long as the girls
were treated with dignity and not exploited.
○​ Balanced freedom of religion and culture with child rights.
d. Som Prasad Paneru v. OPM (Kamlari System Case)
●​ Issue:​
The Kamlari system (indentured servitude of young girls from poor families) was challenged as
exploitative.
●​ Decision:
○​ The Supreme Court ruled the Kamlari practice violated child protection laws.
○​ Directed the government to create laws banning such exploitative practices.
○​ Reinforced that child rights and protection are constitutional priorities.
e. Sapana Pradhan Malla v. Government of Nepal (Rape Punishment Equality Case)
●​ Issue:​
A legal provision gave lighter punishment for rape if the victim was a sex worker, which was
discriminatory.
●​ Decision:
○​ Court ruled that rape is equally serious regardless of the victim’s profession or social
status.
○​ The lighter punishment violated the right to equality and CEDAW (Convention on
Elimination of Discrimination Against Women).
○​ Declared the provision unconstitutional and discriminatory.

Roles of Civil Societies and Academia in Human Rights Enforcement

Civil societies and academic institutions are very important for protecting and promoting human rights.
While they do not have the direct power to enforce laws or treaties, they play a strong and influential role
in making sure human rights are respected and upheld. They do this by watching over governments and
institutions, creating awareness, pushing for legal reforms, and supporting victims.
1. Importance of Civil Societies and Academia
●​ Not Direct Enforcers:​
Civil society groups and academic experts cannot directly enforce human rights laws or
international conventions. That responsibility lies mainly with governments and courts.
●​ Influential Drivers:​
Despite this, they are powerful forces that influence how human rights are understood, protected,
and enforced in practice.
●​ Watchdogs:​
They act as watchdogs, keeping a close eye on violations of human rights and humanitarian laws
and holding those in power accountable.

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 ●​ Global Norm Entrepreneurs:​
Scholars Margaret Keck and Kathryn Sikkink explain that NGOs and civil society act as "norm
entrepreneurs" ; they create and spread international human rights standards by applying global
pressure on governments.
○​ They use the "boomerang model": if local governments ignore rights violations, local
civil society groups reach out to international organizations and allies to pressure the
government from outside.
●​ Critical Legal Perspective:​
According to critical legal studies, laws alone cannot end deep-rooted social and structural
oppression. Civil society must constantly pressure states to respect and implement human rights
laws.
●​ Information and Education:​
Proper channels of information and education are needed so that people understand their rights
and the realities of human rights situations. Civil societies and academia help provide this
knowledge.
2. Major Functions of Civil Societies and Academia
a. Monitoring and Reporting
●​ Civil societies monitor human rights violations closely and report them to the public and
international bodies.
●​ They submit "shadow reports" that offer alternative accounts challenging official government
reports submitted under international treaties like:
○​ ICCPR (International Covenant on Civil and Political Rights)
○​ CEDAW (Convention on the Elimination of All Forms of Discrimination Against
Women)
○​ CRC (Convention on the Rights of the Child)
○​ CAT (Convention Against Torture)
●​ Example: Human Rights Watch submitted shadow reports on Saudi Arabia’s human rights
violations to the UN Committee Against Torture.
b. Advocacy and Campaigning
●​ Civil society groups campaign for better laws and policies on important human rights issues such
as:
○​ LGBTQ+ rights
○​ Anti-torture measures
○​ Freedom of information laws to increase government transparency and expose corruption
and violations.
c. Litigation and Legal Action
●​ Civil society organizations take legal action by bringing human rights cases to courts, both
domestic and international.
●​ They use strategic litigation to create wider legal changes beyond individual cases.
●​ Example:
○​ In India, the Vishakha case led the Supreme Court to set guidelines against sexual
harassment at workplaces before any law existed, which later influenced the Sexual
Harassment of Women at Workplace Act.

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 ○​ In Europe, the European Center for Constitutional and Human Rights has brought cases
against war crimes committed in Syria using universal jurisdiction in German courts.
d. Education and Awareness
●​ Civil societies and academic institutions organize workshops, campaigns, and training to raise
public awareness about human rights and empower people to claim their rights.
e. Policy Advice and Legal Reform Support
●​ Academia often provides expert advice and support to governments and lawmakers to reform or
draft new human rights laws.
●​ Example: Harvard Law School’s International Human Rights Clinic supported cases under the
Alien Tort Statute (such as Kiobel v. Royal Dutch Petroleum), holding corporations accountable
for human rights abuses abroad.
f. Capacity Building and Training
●​ Civil societies and academics train judges, police officers, lawmakers, and activists to improve
their understanding and enforcement of human rights laws.
g. Research and Development of Legal Ideas
●​ They conduct research to provide evidence on human rights issues and help develop new legal
ideas and frameworks.
●​ Example: The International Commission of Jurists (ICJ) and academics helped draft South
Africa’s post-apartheid Constitution and Bill of Rights, considered one of the world’s most
progressive human rights documents.

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Unit 5
Introduction to International Humanitarian Law (IHL)
International Humanitarian Law (IHL), also known as the Law of Armed Conflict (LOAC) or the Law of
War, is a branch of international law that regulates the conduct of armed conflicts. Its main purpose is
humanitarian to reduce suffering caused by war.
IHL is a set of rules that:
●​ Exist for humanitarian reasons.
●​ Limit the effects of armed conflict.
●​ Protect people who are not, or are no longer, involved in fighting.
●​ Restrict the means and methods of warfare.
These rules are found in agreements between states and customary international law, making them legally
binding. Importantly, IHL applies only during armed conflicts; it does not decide whether a state can go to
war.
Main Aims of IHL:
●​ Protect persons not or no longer participating in hostilities (e.g., civilians, wounded or sick
soldiers, prisoners of war).
●​ Limit weapons and tactics to prevent unnecessary suffering.
Main Concept
Jus ad bellum – “Right to war”
This is about the rules that decide if a country can legally start a war or use armed force. It is not about
how the war is fought, but whether starting it is allowed in the first place.
Main idea: It answers the question – Is this war legal and justified?
●​ UN rules: Article 2(4) of the UN Charter says countries cannot use or threaten force against
another country.
●​ Crime of aggression: The International Criminal Court (ICC) treats starting an illegal war as a
serious crime.
●​ When war is allowed (exceptions):
1.​ Self-defence – If a country is attacked, it can defend itself (Article 51 of the UN Charter).
2.​ UN approval – The UN Security Council can allow the use of force in certain situations
(Articles 39–42).
●​ Armed attack: The UN Charter doesn’t clearly define this, but it is considered more serious than
just using force or threats.
Jus in bello – “Law in war”

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This is about the rules for how wars must be fought once they have started. It does not decide if the war is
legal, it focuses on limiting harm during the fighting.
Main idea: It answers the question – What is allowed and not allowed during war?
●​ Regulates conduct in war: Tells warring parties how they must behave.
●​ Goal: Reduce suffering and protect victims as much as possible.
●​ Protects:
○​ Civilians (people not fighting).
○​ Individuals hors de combat (wounded, sick, prisoners who can no longer fight).
○​ Combatants (soldiers) under certain rules.
●​ Limits weapons and tactics: Certain weapons and attack methods are banned to prevent
unnecessary suffering.
●​ Neutral states: Sets rules on how countries not involved in the war must be treated
Jus contra bellum – “Law against war”
This is the part of international law that tries to stop wars from happening. It sets rules on when a country
can legally use force against another country, with the main focus on preventing war.
Main idea: It answers the question – How can we stop war, and when is force allowed?
●​ Prohibits force: Countries are generally not allowed to use force against each other.
●​ Exceptions:
○​ Self-defence – If a country is attacked.
○​ UN Security Council authorization – If the UN allows force to maintain or restore peace.
●​ Goal: Prevent wars and encourage peaceful solutions to conflicts.
Difference from Jus ad bellum:
○​ Jus contra bellum focuses on stopping the use of force.
○​ Jus ad bellum explains the conditions under which going to war is legal.
●​ Part of international law: Shapes the rules that govern relations between states and the use of
military force.
Principle of International Humanatrian Law
Principle of Humanity
The principle of humanity is the heart of International Humanitarian Law’s goal to limit harm in war. It is
based on the idea that all people deserve respect and care, even enemies.
●​ All humans can and should show respect and care, even towards enemies.
●​ Forbids causing suffering, injury, or destruction that is not needed to achieve a legitimate military
goal.
●​ Once the goal is achieved, further harm is unnecessary and unlawful.
●​ Example: No reason to attack a wounded enemy who can no longer fight.
●​ Civilians and civilian objects have basic immunity from attack.
●​ Does not make unlawful the unavoidable incidental damage that may happen during lawful
attacks.
●​ Requires humane treatment for the wounded and prisoners of war (POWs).
Principle of Necessity

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The principle of necessity in International Humanitarian Law (IHL) allows the use of force during armed
conflict only when it is necessary to achieve a legitimate military objective. It ensures that military
advantage is balanced with humanitarian considerations, preventing excessive harm.
Core Meaning
●​ Military necessity permits only the degree and kind of force:
○​ Not prohibited by IHL.
○​ Needed to achieve the legitimate purpose of the conflict.
●​ Legitimate purpose:
○​ Complete or partial submission of the enemy.
○​ Achieved as quickly as possible.
○​ With minimal loss of life and resources.
Four Basic Elements
1.​ Controlled use of force – The force used must be capable of being controlled and actually
controlled in practice.
2.​ No excuse for violating IHL – Necessity cannot justify breaking IHL rules.
3.​ Lawful force for legitimate ends – Using lawful force is acceptable if it helps achieve enemy
submission quickly.
4.​ Unnecessary force is unlawful – Causing wanton killing or destruction without military need is
prohibited.
Relation to Humanity
●​ Necessity considers military effectiveness.
●​ Humanity limits suffering and destruction to only what is essential for military goals.
●​ Together, they form a balancing act: war should be effective but also humane.
Principle of Proportionality
The principle of proportionality ensures that actions especially during armed conflict are not excessive
compared to the benefit they aim to achieve. It is a safeguard that balances military advantage with
humanitarian protection, making sure harm to civilians is minimized.
Core Idea in IHL
●​ Limits harm to civilians by requiring the least amount of harm possible.
●​ Civilian harm is only lawful if it is proportional to the concrete and direct military advantage
expected from the attack.
●​ No attack is allowed if civilian harm would be excessive compared to the military gain.
Legal Basis
●​ Additional Protocol I (AP I) was the first treaty to codify this principle.
●​ Article 51(5)(b) prohibits attacks causing excessive civilian harm relative to military advantage.
How It Works in Practice
●​ Precautions in attack: Commanders must cancel or suspend attacks if they are expected to violate
proportionality.
●​ Proportionality test:
○​ Weigh collateral damage (civilian casualties + damage to civilian objects)
○​ Against concrete and direct military advantage anticipated.
●​ Collateral damage excludes:

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 ○​ Harm to civilians while they are directly participating in hostilities (DPH).
○​ Damage to civilian objects used for military purposes.
Connection to Other Principles
●​ Acts as a bridge between military necessity and humanity.
●​ Recognizes that some harm may be unavoidable but ensures it stays within lawful limits.
Principle of Distinction
The principle of distinction is a core rule of International Humanitarian Law (IHL) that requires parties to
an armed conflict to always distinguish between combatants and civilians, and between military
objectives and civilian objects. It is considered a jus cogens norm (a fundamental principle of
international law that cannot be set aside).
Basic Rule
●​ Only belligerent forces (combatants) and military objectives may be directly attacked.
●​ Civilian people and civilian objects must never be the target of attacks or reprisals.
●​ Without this principle, there would be no limits on warfare methods.
Key Distinctions
1.​ Civilian Population vs. Combatants
○​ Combatants: Members of the armed forces of a party to the conflict (except medical and
religious personnel).
○​ Civilians: Not members of state or non-state armed forces.
○​ Civilians lose protection only when they are directly participating in hostilities (DPH).
2.​ Civilian Objects vs. Military Objectives
○​ Civilian objects: All objects not used for military purposes.
○​ Military objectives: Objects which, by nature, location, purpose, or use, contribute to
military action and whose destruction or capture offers a definite military advantage.
Legal Provisions
●​ Article 48 (AP I) – Parties must always distinguish between civilians and combatants, and
between civilian and military objects, attacking only military objectives.
●​ Article 52 (AP I) –
1.​ Civilian objects cannot be attacked or targeted for reprisals.
2.​ Attacks must be limited to military objectives.
3.​ If in doubt whether an object normally used for civilian purposes (e.g., a school, place of
worship, or home) is being used for military purposes, it must be presumed not to be used
for military action.
Who is Protected?
●​ Civilians not directly participating in hostilities.
●​ Medical personnel.
●​ Religious personnel.
●​ Persons hors de combat (out of combat), including:
○​ Those who have laid down arms.
○​ Those unable to fight due to wounds or sickness.
○​ Those indicating surrender.
○​ Those detained or defenseless and not engaging in hostile acts or escape attempts.

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State Obligations
Basic Factors – State Obligations in IHL
1.​ Pacta sunt servanda (Agreements must be kept)
○​ When a country signs and agrees to a treaty (like the Geneva Conventions), it must
follow it honestly and fully.
○​ The country cannot use excuses like “our government changed” or “we are in a crisis” to
avoid following the rules.
2.​ Non-derogable nature (Cannot be suspended)
○​ IHL rules must be followed at all times during armed conflict.
○​ Even in emergencies or serious danger, countries cannot suspend or ignore these
obligations.
3.​ Erga omnes obligation (Obligation towards everyone)
○​ These rules are not just agreements between two countries; they are owed to all countries
and all humanity.
○​ Even countries not involved in a conflict have a duty to make sure others respect IHL.

States’ obligations to respect and enforce International Humanitarian Law (IHL):

A. Respect and Ensure Respect for IHL
●​ All States must respect IHL themselves and make sure others do too, even during war.
●​ This comes from rules in the Geneva Conventions (1949) and their 1977 Additional Protocols.
●​ States must ensure their own forces, government, and population respect IHL, and also that
enemies or others involved do the same.
B. Teaching and Spreading IHL
●​ States need to train their armed forces and civilians about IHL so everyone understands the rules.
●​ They must give clear orders to soldiers to follow IHL and check that these orders are obeyed.
●​ States should widely share the text of the Geneva Conventions and Protocols with the military,
police, judges, and public, even during peace time, to promote awareness.

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C. Making Laws and Punishing Violations
●​ States must put IHL rules into their national laws, especially criminal laws that punish serious
violations (like murder or torture).
●​ Laws should allow for arresting and prosecuting people who break IHL, no matter their
nationality.
●​ States also must pass laws protecting symbols like the Red Cross.
●​ When war crimes are suspected, States must investigate and prosecute or hand over the suspects
to other countries if needed (universal jurisdiction).
●​ Example: Germany created a law letting courts prosecute war crimes committed anywhere in the
world.
D. Preventing and Enforcing IHL
●​ States have a duty to stop violations of IHL, including ongoing abuses, and prevent new ones
from happening.
●​ They must ensure their own forces follow the rules and not support others who violate IHL.
●​ Allies or States connected to parties at war have extra responsibility to enforce IHL respect.
●​ Additional Protocol I (which applies in international conflicts) adds duties like:
●​ Protecting civilians and distinguishing them from combatants.
●​ Taking precautions to avoid civilian harm.
●​ Providing legal advisers to help troops follow IHL.
●​ Punishing serious breaches as crime.
●​ Additional Protocol II (for internal conflicts) ensures humane treatment and bans collective
punishment and torture, while requiring punishment for serious violations.
Third State Obligations under International Humanitarian Law (IHL)
1. Who are Third States?
●​ Definition:​
Third States are countries that are not directly involved in a particular armed conflict.
○​ They are not parties to the fighting.
○​ They are considered “neutral” in that specific war but still have duties under IHL.
2. Key Obligations of Third States
A. Prevent Violations of IHL
●​ Duty:​
Even if they are not part of the conflict, Third States must take steps to stop war crimes or other
violations of IHL from happening.
●​ How?
○​ Use diplomacy to warn or pressure the warring sides.
○​ Refuse to assist actions that would break IHL.
○​ Act with due diligence — meaning they must try their best using reasonable means.
B. Universal Jurisdiction for Grave Breaches
●​ What are Grave Breaches?​
The most serious war crimes under the Geneva Conventions, such as:
○​ Willful killing of civilians.
○​ Torture or inhuman treatment.

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 ○​ Unlawful deportation or imprisonment.
●​ Third State’s Power and Duty:
○​ If someone accused of these crimes is found in their country, they can:
1.​ Arrest them.
2.​ Prosecute them in their own courts.
3.​ Extradite them to another country that will prosecute.
○​ This applies no matter where the crime happened or what nationality the suspect is.
C. Avoid Encouraging Violations
●​ What This Means:​
Third States must not give help or support to any party that could be used to commit war crimes.
●​ Examples of Prohibited Actions:
○​ Supplying weapons that could be used against civilians.
○​ Giving financial aid that funds illegal attacks.
○​ Sharing intelligence that helps commit violations.
D. Promote Compliance with IHL
●​ Positive Obligation:​
Encourage all parties in the conflict to respect and follow IHL rules.
●​ Ways to Promote Compliance:
○​ Public statements calling for respect for civilian safety.
○​ Diplomatic meetings with leaders of warring sides.
○​ Supporting humanitarian agencies like the ICRC.
3. Measures Third States Can Take
A. Non-Coercive Measures (Peaceful)
●​ Diplomatic talks or negotiations.
●​ Public condemnations of violations.
●​ Mediation between the conflicting sides.
●​ Economic or political incentives to encourage compliance.
B. Coercive Measures (Non-Military)
●​ Economic sanctions (e.g., trade bans).
●​ Political restrictions (e.g., limiting diplomatic contact).
●​ Travel bans on leaders responsible for violations.
4. Limits on Third State Actions
●​ No Use of Military Force unless specifically authorized by the United Nations Security Council
under the UN Charter.
●​ All actions must follow international law and not violate the sovereignty of other states.

International vs Non-International Armed Conflict

Big picture — what IHL is trying to do here
IHL (the law of armed conflict) protects people and limits how violence may be used in war. Because the
legal rules differ depending on who is fighting whom, IHL draws a basic divide between two kinds of
armed conflict:
●​ International Armed Conflict (IAC) — fighting between States.

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 ●​ Non-International Armed Conflict (NIAC) — serious fighting inside one State (government vs
organized armed group(s), or between such groups).
Knowing which kind of conflict it is matters because different treaties and protections apply.
Basic legal sources
●​ IAC: the full Geneva Conventions (all four) and related law (Hague Regulations, Additional
Protocol I where applicable).
●​ NIAC: Common Article 3 of the Geneva Conventions (the minimum rules) and, where it fits,
Additional Protocol II (a higher standard for more serious internal conflicts).
●​ Case law from international tribunals (e.g., Tadić, Kunarac) explains the tests courts use to
classify conflicts.
When is there an “armed conflict”? — the objective test
IHL applies when there is either:
1.​ Resort to armed force between States → IAC, or
2.​ Protracted armed violence inside a State between government forces and organized armed groups,
or between organized armed groups → NIAC.
Two key tests are used to decide whether internal violence is a NIAC (not just riots/crime):
a) Minimum intensity (how serious)
●​ The violence must be of a sustained, collective and organized character — not single incidents,
isolated riots, or ordinary criminality.
●​ Signs of intensity include: repeated exchanges of fire, use of military weapons, significant
casualties, displacement, or the government deploying the military rather than just police.
b) Organization of the parties
●​ The non-state actors must be organized (command structure, ability to plan, capacity to conduct
sustained military operations).
●​ Loose, unorganized mobs or occasional banditry do not qualify.
If both tests are met → NIAC. If not → internal disturbance (no IHL; domestic law applies).
International Armed Conflict (IAC)
●​ What triggers it: Use of armed force between two or more States (no formal declaration needed).
●​ Territorial occupation by a foreign army also counts as IAC.
●​ Special case wars of national liberation: AP I treats certain liberation struggles (against colonial
domination, alien occupation, racist regimes) as IAC-type situations.
●​ Legal effects: the full body of Geneva Conventions applies detailed rules on conduct of
hostilities, protection of civilians, treatment of the wounded and sick, and Prisoners of War
(POW) status for lawful combatants captured.
●​ If an internal conflict becomes international: e.g., a foreign State sends troops or controls one
party the character of the conflict can change (or become mixed).
Non-International Armed Conflict (NIAC)
What triggers it: Prolonged armed violence inside a single State involving governmental forces and
organized armed groups, or between such groups.
●​ Legal sources:
○​ Common Article 3 (applies to all NIACs): basic humane treatment rules (no murder,
torture, humiliating treatment, hostages; and minimum judicial guarantees).

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 ○​ Additional Protocol II (narrower scope): applies only when organized armed groups
control territory and can carry out sustained military operations; it adds protections
beyond Common Article 3.
●​ Legal effects: fewer detailed combatant rules than in IAC; no automatic POW status for captured
fighters; fighters who take up arms may be prosecuted under domestic law but still must be
treated humanely.
Key legal differences between IAC and NIAC
●​ Which treaties apply: IAC → full Geneva Conventions + Hague rules; NIAC → at least Common
Article 3 (AP II if conditions met).
●​ Combatant / POW status: lawful combatant → POW if captured (IAC). In NIAC there is no POW
category under the Geneva Conventions; captured fighters are detainees who must be treated
humanely but can be prosecuted.
●​ Targeting rules and conduct of hostilities: both regimes require distinction, proportionality, and
precautions, but IAC has a more developed framework for conduct of hostilities.
●​ Occupation law: applies when territory is occupied (rules in GC IV and Hague Regulations).
●​ Universal criminal responsibility: war crimes can be committed in both IAC and NIAC;
individuals (commanders, fighters) may be prosecuted under international or domestic criminal
law.
●​ State labeling doesn’t control: parties cannot avoid IHL by calling a situation something else —
classification is objective and based on facts.
Case law and authoritative tests
●​ Prosecutor v. Tadić (ICTY) — held that armed conflict exists where there is “protracted armed
violence” and explained that classification requires a factual test (intensity + organization). The
Tadić case also showed that an internal conflict can become international if another State
intervenes with troops or control.
●​ Prosecutor v. Kunarac — emphasized the organization requirement for NIAC and helped define
the elements of crimes against humanity and war crimes in internal conflicts.
●​ Prosecutor v. Limaj and others investigated thresholds of intensity and organization in NIAC
contexts.
Examples
●​ IAC example: Two countries fighting across borders (classic interstate war).
●​ Wars of national liberation (treated as IAC under AP I): Algerian struggle against French colonial
rule.
●​ NIAC example: Syrian Civil War (government vs multiple organized armed groups) — Common
Article 3 and AP II elements contested; many parts treated as NIAC.
●​ Internal disturbances (not IHL): a single-day riot, local protest that turns violent but lacks
prolonged, organized fighting.
Temporal and territorial scopes
●​ When: IHL kicks in at the start of armed conflict (when tests are met) and continues until
hostilities end and peace/settlement is reached; some protections survive after fighting stops
(treatment of POWs, displaced persons).
●​ Where: IHL applies in the territory where fighting occurs; occupation rules govern occupied
territory (even where there is no active fighting).

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International Crime
International crimes are very serious offenses recognized under international law, considered violations
against the entire international community, not just individual countries. These crimes are so grave that
they can be prosecuted and punished by international tribunals or courts, regardless of where they occur
or the nationality of the perpetrators.
Key characteristics of international crimes include:
●​ They violate fundamental international norms and values shared by the global community.
●​ They entail individual criminal responsibility under international law.
●​ They are considered universally criminal and concern matters such as peace and security.
●​ They may be prosecuted under the principle of universal jurisdiction, meaning any state or
international body can try offenders regardless of location.
The main categories of international crimes are:
1.​ Genocide​
Intentional acts aimed at destroying, in whole or in part, a national, ethnic, racial, or religious
group. Examples include killing, serious harm, forcibly transferring children, or imposing
destructive living conditions. Defined by the 1948 Genocide Convention. Famous case: the 1994
Rwandan Genocide.
2.​ War Crimes​
Serious breaches of the laws governing armed conflict, such as murder, torture, taking hostages,
attacking civilians, or using forbidden weapons. Defined in the Geneva Conventions and the
Rome Statute. Prosecuted in tribunals like the ICTY for Yugoslavia.
3.​ Crimes Against Humanity​
Widespread or systematic attacks against civilian populations, including murder, enslavement,
torture, rape, and persecution. These crimes do not require an armed conflict context. Defined in
the Rome Statute.
4.​ Crime of Aggression​
The planning, initiation, or execution by a state of acts violating the sovereignty, territorial
integrity, or political independence of another state.
Other crimes with international jurisdiction include piracy, slavery, torture (under treaties like the UN
Convention Against Torture), and various forms of terrorism covered by international conventions.
The international legal framework consists of treaties (like the Geneva Conventions, Genocide
Convention, Rome Statute, and others), customary international law (principles accepted universally even
without treaties), judicial decisions (Nuremberg Trials, ICTY, ICTR), and the legal codifications in the
Rome Statute of the International Criminal Court (which formally defines these crimes in Articles 5-8).
In summary, international crimes are serious offenses recognized worldwide that violate fundamental
international norms, entailing individual responsibility and prosecution by international or national courts
under international law.
Transitional Justice
Transitional Justice means the ways a country deals with serious human rights abuses and war crimes
after a conflict or a time of bad government. The goal is to help the country heal, make sure wrongdoers
are punished, give justice to victims, and stop bad things from happening again. It also helps the country
move toward peace, democracy, and fairness under the law.
What does Transitional Justice include?

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 ●​ Judicial measures: Like criminal trials to punish those who committed serious crimes.
●​ Non-judicial measures: Like truth commissions to find out what happened, reparations (help or
compensation) for victims, and changes in government institutions to prevent future abuses.
What are the main goals?
●​ Recognize and admit what happened in the past.
●​ Give victims a chance to share their stories.
●​ Hold criminals responsible.
●​ Help victims rebuild their lives.
●​ Change institutions (like the police or army) to stop abuses from happening again.
●​ Promote peace, healing, and trust in democracy.
Key parts of Transitional Justice:
1.​ Criminal Prosecutions: Punish those responsible for serious crimes to bring justice and prevent
future crimes.
2.​ Truth-Seeking: Use truth commissions to learn the real facts and honor victims’ experiences.
3.​ Reparations: Give money, services, or apologies to victims to help them recover.
4.​ Institutional Reform: Change institutions like the police or courts to build trust and prevent abuse.
5.​ National Consultations: Talk with communities, especially victims and marginalized groups, to
include everyone’s voice.
Important principles (from the UN, 2010):
●​ Follow international human rights standards.
●​ Protect the rights of women and children.
●​ Focus on victims’ needs.
●​ Link transitional justice with other legal and democratic reforms.
●​ Use broad approaches to address the root causes of conflict and abuses.
Example: Nepal’s Transitional Justice
●​ Nepal had a civil war from 1996 to 2006.
●​ After the war, Nepal started transitional justice with laws made in 2007 and 2014.
●​ They created the Truth and Reconciliation Commission (TRC) and a commission for
disappearances.
●​ Problems came up, like controversial amnesty laws (which later got canceled by the Supreme
Court), few trials for serious crimes, political interference, and delays.
●​ The UN urged Nepal to improve the process to meet international standards.
International Criminal Court
The International Criminal Court (ICC) is a permanent international tribunal established by the Rome
Statute in 1998, with the mandate to prosecute the gravest international crimes: war crimes, crimes against
humanity, genocide, and the crime of aggression. The ICC operates independently and complements
national courts, stepping in when national systems are unable or unwilling to prosecute these crimes.
1) Crimes under ICC Jurisdiction
●​ Genocide: Acts aimed at destroying national, ethnic, racial, or religious groups.
●​ War Crimes: Serious violations of the laws of war.
●​ Crimes Against Humanity: Widespread or systematic attacks on civilians.

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 ●​ Crime of Aggression: The use of armed force by a State against another’s sovereignty, beyond
self-defense.
2) Jurisdiction
●​ The ICC can investigate and prosecute crimes if:
●​ The accused is a national of a State Party,
●​ The crime took place on the territory of a State Party,
●​ Or a situation is referred by the UN Security Council,
●​ Or the Prosecutor initiates an investigation on their own (proprio motu).
3) Admissibility (Complementarity)
●​ The ICC only acts when national courts are unwilling or unable to genuinely investigate or
prosecute crimes.
●​ It prosecutes the most responsible individuals but expects national systems to handle other
offenders.
4) Principles
●​ Complementarity: The ICC complements national judicial systems.
●​ Independence: The Court and Prosecutor function independently.
●​ Fair Trial: The right to a fair trial for accused persons.
●​ Impartiality and Integrity: Judges and officers are impartial and of high moral character.
5) Principal Organs of the ICC

Organ Role & Functions

Composed of the President and two Vice-Presidents (all judges). Manages

Presidency administration, external representation, assigns cases to Chambers, and oversees
Registry’s non-judicial functions.

Made up of 18 judges divided into:

- Pre-Trial Chambers: Issue arrest warrants, confirm charges, ensure trial
Judicial
preparation.
Divisions
- Trial Chambers: Conduct trials, hear evidence, issue judgments.
- Appeals Chamber: Hears appeals on verdicts and procedural matters.

Office of the Headed by the Prosecutor (independent from the Court), supported by deputies and
Prosecutor staff. Investigates crimes, decides to open investigations (sometimes with court
(OTP) authorization), prosecutes before the Court.

Led by the Registrar. Provides administrative support, manages court records,

Registry security, translation, victim and witness protection, outreach, and legal aid for
defendants and victims' participation and reparations.

The ICC is headquartered in The Hague, Netherlands, and operates in English and French.

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In essence, the ICC is designed to hold individuals accountable for the most serious crimes that affect the
international community, promoting justice and deterrence where national systems cannot or will not act.
International Tribunals
What Are International Tribunals?
●​ International tribunals are courts established to try individuals accused of serious violations of
international law, especially grave crimes like genocide, war crimes, crimes against humanity, and
the crime of aggression.
●​ They are distinct from national courts and can be permanent (like the ICC) or ad hoc (temporary)
courts set up for specific conflicts.
How Are International Tribunals Formed?
1.​ By the UN Security Council (UNSC):
●​ The UNSC creates tribunals under Chapter VII of the UN Charter, which allows it to take
binding actions to maintain peace and security.
●​ Because all UN member states agree to follow UNSC resolutions, these tribunals have
authority over states even if individual states haven’t consented.
●​ Examples:
●​ The ICTY (for former Yugoslavia) was created by UNSC Resolution 827.
●​ The ICTR (for Rwanda) by UNSC Resolution 955.
2.​ By Treaties Between States and the UN (Hybrid Tribunals):
●​ Some tribunals are established by agreements combining international and national law,
mixing international and domestic judges.
●​ Examples:
●​ Special Court for Sierra Leone (SCSL) — agreement between UN and Sierra
Leone.
●​ Extraordinary Chambers in the Courts of Cambodia (ECCC) — agreement
between Cambodia and the UN.
3.​ By National Laws with International Assistance:
●​ Some tribunals, while domestic, are formed with international support and advisors.
●​ Example: The Iraqi High Tribunal for Saddam Hussein.
4.​ By Occupying Powers or Allied Agreements:
●​ Historic example: The Nuremberg and Tokyo Tribunals were established by the Allied
powers after WWII to try Axis leaders.
What Do International Tribunals Do?
●​ They prosecute individuals, not states, for serious international crimes such as:
●​ Genocide: Intent to destroy whole or part of a national, ethnic, racial, or religious group.
●​ Crimes Against Humanity: Systematic attacks on civilians like murder, rape, torture.
●​ War Crimes: Serious violations of the laws of armed conflict (e.g., attacking civilians,
using child soldiers).
●​ Sometimes other crimes, such as terrorism or corruption, in specific tribunals.
How Do Tribunals Work?
Mandate (Jurisdiction):
●​ Each tribunal’s founding document defines:

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 ●​ Temporal jurisdiction: The time frame of crimes covered (e.g., ICTY covers crimes since
1991; ICTR covers events in 1994).
●​ Territorial jurisdiction: The geographical area or conflict zone covered.
●​ Subject-matter jurisdiction: The specific crimes the tribunal can prosecute.
Judges:
●​ Tribunals are typically composed of international judges.
●​ Ad hoc tribunals (ICTY, ICTR) tend to have entirely international judges.
●​ Hybrid tribunals mix national and international judges.
Trial Process:
●​ Conduct investigations, trials, and sentencing like any regular court.
●​ Respond to indictments and evidence presented.
Can They Appeal Decisions?
●​ Yes, tribunals have an Appeals Chamber to review cases for errors in fact or law and to assess
sentences for proportionality.
●​ For example, the ICTR had two levels:
●​ Trial Chambers: Where cases start, trials happen, and sentences are issued. Panels usually
have 3 judges.
●​ Appeals Chamber: Reviews appeals from Trial Chambers, comprising 5 judges. Judges
who presided over the trial cannot hear the appeal of the same case to ensure fairness.
●​ The ICTY and ICTR shared the same Appeals Chamber to improve efficiency.
Enforcement of Punishment:
●​ Once appeals are exhausted and a final judgment is rendered, the convicted person serves their
sentence in a prison of a state that has agreed to house ICC or tribunal prisoners.

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Unit 6
The Right to Development
The right to development means that every person and every group of people have the right to take part in
improving their economic, social, cultural, and political lives. It’s about making sure that everyone can
share the benefits of progress and have a better quality of life.
History and How It Became a Human Right
The idea of the right to development was discussed for many years before the United Nations officially
recognized it in 1986. During the Cold War, countries had different opinions about it because of political
differences. But over time, most countries agreed it was important.
Before 1986, some important steps helped make this right recognized:
●​ In 1974, the UN talked about a new economic order to help countries develop fairly.
●​ In 1981, Africa’s regional human rights agreement said all peoples have the right to development
while respecting their culture and freedom.
The 1986 UN Declaration on the Right to Development
In 1986, the United Nations officially declared the right to development. Almost all countries agreed,
except the United States voted against it. The declaration says development is more than just money or
growth it includes social, cultural, and political progress. It emphasizes that everyone should be able to
participate freely in development and share its benefits fairly.
Other Important Agreements Supporting the Right to Development
●​ The 1992 Rio Declaration said development should meet the needs of both current and future
generations, balancing growth with environmental protection.
●​ The 1993 Vienna Declaration said development is a universal human right and is necessary for
enjoying all other human rights. It also encourages countries to work together to remove obstacles
to development.
●​ Interestingly, the United States changed its mind and supported the right to development in 1993.
Preamble (Introduction):
●​ The UN recognizes development as a broad process involving economic, social, cultural, and
political progress aimed at improving the well-being of all people.
●​ Development must include everyone’s active and free participation and ensure fair sharing of its
benefits.
●​ It recalls existing human rights treaties and principles, including self-determination and
sovereignty over natural resources.
●​ The preamble emphasizes eliminating human rights violations like racism, colonialism,
aggression, and ensuring peace as essential for development.
●​ It highlights that development is the right and responsibility of both individuals and states.
●​ International cooperation and a new economic order are needed to promote development fairly.
●​ The human being is at the center of development, which states must support.
Article 1: Right to Development
●​ The right to development is a basic human right for all individuals and peoples.
●​ Everyone can participate in and benefit from economic, social, cultural, and political
development.
●​ This right includes peoples’ control over their natural wealth and resources.

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Article 2: People as Central Participants
●​ People should be actively involved and benefit from development.
●​ Everyone has responsibilities to promote development and respect human rights.
●​ States must create development policies that improve the well-being of all people, with their
active participation and fair benefit distribution.
Article 3: States’ Responsibility
●​ States are primarily responsible for creating conditions favorable to development.
●​ States must cooperate peacefully with each other, respecting international law and promoting a
fair economic order based on equality and mutual respect.
Article 4: International Development Policies
●​ States must work together to create international policies that help realize the right to
development.
●​ Developing countries need effective international support and cooperation to progress faster.
Article 5: Eliminate Human Rights Violations
●​ States should work to end major human rights abuses caused by racism, colonialism, apartheid,
foreign domination, aggression, and threats to sovereignty.
Article 6: Universal Respect for Human Rights
●​ All human rights (civil, political, economic, social, cultural) are linked and must be equally
promoted and protected.
●​ States should remove obstacles to development caused by ignoring any human rights.
Article 7: Peace, Security, and Disarmament
●​ Peace and security are essential for development.
●​ States should work towards disarmament and use resources saved to help social and economic
development, especially in developing countries.
Article 8: National Measures for Development
●​ States must ensure equal access to resources like education, health, food, housing, and
employment.
●​ Women should have an active role in development.
●​ States should encourage people’s participation in development and human rights.
Article 9: Interdependence of Development Rights
●​ All aspects of the right to development are interconnected and must be viewed as a whole.
●​ Nothing in this declaration allows violating the human rights established in other international
agreements.
Article 10: Implementation of Development Rights
●​ States should take steps at national and international levels to fully realize and progressively
enhance the right to development through laws, policies, and other measures.

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Human Rights and environment
It means:
●​ Every single person has the right to live in a place where:
○​ The air is safe to breathe
○​ The water is clean
○​ The climate is stable
○​ Nature (plants, animals, ecosystems) is healthy
●​ This is not just about “nature” it’s about human life.
○​ Example: If water is polluted, your right to health and life is at risk.
Why is this right important?
●​ Environment and human rights are connected — one affects the other.
○​ Without a healthy environment → people’s basic rights (life, food, health, water) are
threatened.
○​ Example: Drought caused by climate change can destroy crops → threatens food security.
●​ Human rights protect the environment too:
○​ People need the right to information, participation, and justice to stop harmful
environmental decisions.
Problems we face today
The UN says we have a triple crisis:
1.​ Climate change​
Rising temperatures, stronger storms, floods, droughts, wildfires.
○​ Example: In 2021, 38 million people had to leave their homes because of climate
disasters.
2.​ Loss of biodiversity
○​ Animals and plants are disappearing fast.
○​ This harms food chains, medicine sources, and natural balance.
3.​ Pollution
○​ Dirty air → 7 million premature deaths every year.
○​ Toxic chemicals, plastics, and waste damage health and nature.
Recognition as a human right
●​ 1972 — First recognized at the Stockholm Conference on the Human Environment.
●​ October 2021 — UN Human Rights Council formally recognized it.
●​ 28 July 2022 — UN General Assembly declared it a universal human right:
○​ 161 countries voted YES
○​ None voted against
○​ 8 countries abstained
●​ Many countries already had it in:
○​ Their constitutions
○​ Regional agreements (e.g., African Charter, Aarhus Convention, Escazú Agreement)
What does this right include?
Two parts:
A. Substantive elements — what people should actually have:

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 ●​ Clean air
●​ Safe and stable climate
●​ Healthy ecosystems & biodiversity
●​ Safe and enough water
●​ Healthy and sustainable food
●​ Non-toxic places to live, work, learn, and play
B. Procedural elements — how people can protect these rights:
●​ Right to information about the environment
●​ Right to take part in decisions about the environment
●​ Right to justice if environmental rights are violated
●​ Protection from punishment or attacks if you defend the environment
Why the UN recognition matters
When the UN declares something a human right:
●​ People learn that they can demand it.
●​ Countries are pressured to make or improve laws.
●​ Courts can use this right in cases.
●​ Environmental defenders (activists) get stronger protection.
●​ Businesses may be held legally responsible for environmental harm.
●​ Countries work together more to solve environmental crises.
Environmental & Climate Justice
●​ Environmental justice:
○​ Everyone should be treated equally in environmental laws and decisions — no matter
their race, income, or culture.
●​ Climate justice:
○​ Distributive justice → share climate change burdens & benefits fairly.
○​ Procedural justice → everyone has a fair say in climate decisions.
○​ Recognition → respect different perspectives and experiences.
●​ Focus on most at-risk groups: Indigenous peoples, women, children, elderly, people with
disabilities, poor communities.
How to make this right real
Recognition is just step 1 — we need action:
●​ Write it into national laws and constitutions.
●​ Include it in government policies (on economy, education, environment).
●​ Make businesses follow it
●​ Involve communities in decisions.
●​ Enforce it in courts.
Human Rights-Based Approach (HRBA)
●​ 1945 → The United Nations (UN) was created.
○​ Its Charter made the promotion of human rights one of its core purposes.
●​ 1948 → The Universal Declaration of Human Rights (UDHR) was adopted.

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 ○​ It inspired a “normative era” — meaning the world agreed on shared rules about dignity,
equality, and freedoms.
●​ Since then, the UN and international community have developed:
○​ International human rights treaties
○​ Standards and norms covering civil, political, economic, social, and cultural rights.
●​ This has built a comprehensive body of law to guide governments and organizations.
Definition of HRBA
The Human Rights-Based Approach is:
●​ A conceptual framework for development:
○​ Normative basis → built on international human rights standards.
○​ Operational focus → aims to promote and protect human rights through development
programs.
●​ It links human rights and development:
○​ Recognizes that poverty, inequality, and discrimination are both causes and consequences
of human rights violations.
○​ Uses human rights as a guide and a goal in development planning.
Purpose of HRBA
1.​ Identify root causes of inequality and exclusion.
2.​ Address discriminatory practices — laws, policies, or actions that unfairly harm certain groups.
3.​ Change unfair power structures — systems that keep certain people powerless.
4.​ Ensure that no one is left behind in the development process.
5.​ Make development more accountable by defining clear rights and clear duties.
Core Principles of HRBA

Principle Meaning

Universality Human rights belong to everyone, everywhere, always.

Indivisibility All rights (civil, political, economic, social, cultural) are equally important.

Equality & No one should be treated unfairly based on race, gender, age, religion, disability, or
Non-discrimin any status.
ation

Participation People should have a real voice in decisions affecting their lives.

Accountability Governments & organizations must be held responsible for their actions and
failures.

Two Key Actors: Rights-Holders & Duty-Bearers

HRBA focuses on strengthening both sides of the rights relationship.
●​ Rights-Holders → People (individuals & communities)

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 ○​ They have human rights.
○​ They must be aware of them and have the ability to claim them.
●​ Duty-Bearers → Usually States/governments, but also sometimes companies or organizations.
○​ They have legal obligations to respect, protect, and fulfill rights.
○​ They must have the capacity (resources, laws, institutions) to do so.
The 2003 UN “Common Understanding” on HRBA
In 2003, UN agencies agreed that all UN development work must follow these three commitments:
1.​ Goal: Every program must further the realization of human rights (as set in the UDHR and other
treaties).
2.​ Process: Human rights standards and principles must guide all stages of programming — design,
implementation, monitoring, and evaluation.
3.​ Capacity building: Development cooperation must help:
○​ Duty-bearers → meet obligations.
○​ Rights-holders → claim their rights.
This ensures consistency across all UN work, no matter the country or sectors.
Tools & Resources
To apply HRBA, the UN uses:
●​ Universal Human Rights Index → A database of recommendations from:
○​ Nine UN treaty bodies (e.g., Committee on the Rights of the Child)
○​ Special procedures (UN human rights experts)
○​ Universal Periodic Review (UPR) process
●​ UNSDG Guidance → Helps UN teams work with countries using HRBA.
●​ Operational & training materials → Practical steps for applying HRBA in real programs.
HRBA in the UN Sustainable Development Cooperation Framework
●​ HRBA is one of six guiding principles in the UN’s main framework for working with countries.
●​ It ensures:
○​ Development programs focus on human dignity.
○​ Vulnerable groups are prioritized.
○​ Governments are accountable for human rights commitments.
●​ The Companion Piece on Guiding Principles provides detailed instructions for UN country teams
on HRBA.

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 Business and Human Rights
The Core Principle
●​ States (governments) have a legal obligation under international human rights law to:
○​ Protect people from human rights abuses by anyone, including businesses.
○​ This duty applies inside their borders and anywhere they have jurisdiction.
●​ Businesses have a responsibility to:
○​ Respect human rights → avoid harming people.
○​ Prevent harm before it happens.
○​ Fix problems they cause or contribute to.
●​ Victims must have access to remedies:
○​ Judicial remedies → courts, tribunals.
○​ Non-judicial remedies → grievance offices, mediation, company complaint systems.
The UN’s Role (OHCHR)
The Office of the UN High Commissioner for Human Rights (OHCHR) leads the UN’s work on business
and human rights.
OHCHR main activities:
1.​ Guidance & Training
○​ Produces resources and practical tools for:
■​ Governments (States)
■​ Businesses
■​ Civil society groups
■​ UN agencies
○​ Ensures everyone understands and applies the UN Guiding Principles on Business and
Human Rights (UNGPs).
2.​ Capacity Building
○​ Strengthens skills and systems so:
■​ Governments can enforce human rights laws.
■​ Businesses can integrate human rights into operations.
■​ Victims can claim their rights.
3.​ Secretariat Support
○​ Runs and supports:
■​ Working Group on Business and Human Rights.
■​ Intergovernmental group creating a binding treaty on business and human rights.
Why This Matters ( Business and Human Rights)
●​ Businesses operate globally their actions can affect:
○​ Workers
○​ Local communities
○​ The environment
●​ Without proper rules and enforcement:
○​ Workers can be exploited.
○​ Communities can be displaced.

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 ○​ The environment can be damaged.
●​ The Business and Human Rights framework ensures:
○​ Fair treatment for all.
○​ Accountability for corporate actions.
○​ Access to justice for victims.
●​ Major OHCHR Projects
Here are OHCHR’s main ongoing initiatives, with details:

Project Focus Goal

Accountability & Improving laws, policies, and Make it easier for victims to get effective
Remedy Project practices for justice in remedies.
(ARP) business-related abuses.

B-Tech Project Technology and human rights. Ensure digital tech companies follow
human rights standards.

Africa Project African region. Build strong systems to prevent

business-related abuses and enforce
accountability (latest update: July 2025).

BHR Helpdesk Global Q&A service. Give quick, consistent advice on how to
apply the UNGPs in different industries
and countries.

RBCLAC Latin America & Caribbean. Partner with ILO & OECD to improve
responsible business conduct.

Peer Learning International business community. Help companies learn from each other’s
Project good human rights practices.

oPt Database Occupied Palestinian Territory. Maintain a public database of businesses

linked to Israeli settlements, as mandated
by the UN Human Rights Council (HRC
31/36).

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UN Guiding Principles on Business and Human Rights (UNGPs)
Overview and Scope
●​ The UNGPs are built on three interconnected pillars:
(1) State Duty to Protect Human Rights,
(2) Corporate Responsibility to Respect Human Rights,
(3) Access to Remedy.
●​ They apply to all States and all business enterprises whether transnational or domestic regardless
of size, sector, location, ownership, or structure.
●​ They are not new international laws but clarify existing State obligations, set global standards for
businesses, and emphasize effective remedies when rights are breached.
●​ Implementation must be non-discriminatory and consider the needs of vulnerable or marginalized
groups, with attention to gender-specific risks.
Pillar I – State Duty to Protect
●​ States must prevent, investigate, punish, and fix business-related human rights abuses.
●​ States should clearly tell all businesses that they must respect human rights everywhere they
operate.
●​ States must enforce existing laws on labour, equality, environment, and anti-corruption, and
update them when needed.
●​ Corporate and company laws should help, not block, respect for human rights.
●​ States should give businesses guidance on how to respect rights, including advice for dealing with
vulnerable groups.
●​ States should require or encourage businesses to report on human rights impacts, especially in
high-risk areas.
●​ State-owned or State-supported companies must do human rights due diligence and follow higher
oversight.
●​ When public services are privatized, contracts should clearly require human rights compliance.
●​ Government procurement should include human rights requirements.
●​ In conflict zones, States must guide companies early, address risks of gender-based violence, and
punish gross abuses.
●​ States must ensure different government departments work together on business and human rights
(policy coherence).
●​ International trade or investment agreements must allow States to still protect human rights.
●​ States in multilateral institutions should promote human rights and prevent actions that weaken
protections.
Pillar II – Corporate Responsibility to Respect
●​ Businesses must avoid harming human rights and fix harms they cause or contribute to.
●​ They must follow all internationally recognized human rights (UDHR, ICCPR, ICESCR, and ILO
core labour rights).
●​ They must avoid impacts they cause or contribute to, and try to prevent or reduce impacts linked
to their partners or supply chains.
●​ Measures to respect rights should match the company’s size, sector, and risk level, but severe
impacts always take priority.

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 ●​ Every company should have:
1.​ A public human rights policy approved at the top level and shared with all stakeholders.
2.​ Human rights due diligence to find, prevent, reduce, and explain how they deal with
impacts.
3.​ A process to fix harms they cause or contribute to.
●​ Due diligence means assessing risks, talking to affected people, acting on findings, tracking
results, and reporting publicly.
●​ If a company causes harm, it must stop it and fix it; if it contributes, it must reduce and fix it; if
only linked, it must use influence to reduce it.
●​ If the partner refuses to change and the harm is severe, the company should consider ending the
relationship.
●​ Companies must track how well they address impacts using indicators and feedback from
stakeholders.
●​ They must communicate how they address human rights, especially if there is a severe risk.
●​ Companies must provide or join in remediation processes if they cause or contribute to harm.
●​ They must follow human rights laws everywhere and respect rights even where local laws are
weak.
●​ In difficult contexts like conflicts, companies must treat gross abuses as legal compliance issues.
●​ If they can’t address all impacts at once, they must start with the most severe or urgent.
Pillar III – Access to Remedy
●​ States must ensure victims of business-related abuses can get effective remedies.
●​ Remedies can include apologies, compensation, rehabilitation, sanctions, and guarantees to stop
repetition.
●​ States must keep courts fair, independent, and free from corruption or interference.
●​ States should remove legal and practical barriers like high costs, lack of lawyers, or legal gaps
that stop victims from seeking justice.
●​ States should also provide non-judicial remedies like ombudsman offices, labour tribunals, or
national human rights commissions.
●​ States should support access to effective non-State grievance systems, including industry and
multi-stakeholder bodies.
●​ Companies should have operational grievance systems so people affected can complain directly
and get early solutions.
●​ Industry and multi-stakeholder initiatives should have grievance systems to check if commitments
are respected.
●​ Effective grievance systems must be legitimate, accessible, predictable, equitable, transparent,
rights-compatible, and focused on learning.
●​ Company-level grievance systems must also be based on engagement and dialogue with
stakeholders.

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