INTRODUCTION TO HUMAN RIGHTS LAW

1.1 Nature and Definition of Human Rights

 Human rights are inherent moral and legal entitlements that every person possesses
simply because they are human.
 They are universal, inalienable, and equal, applying to all people everywhere
without discrimination.
 They protect essential values and conditions required for a dignified human
existence.
 Their primary purpose is to safeguard individuals from abuse of power by the state
and ensure conditions for freedom, equality, and justice.

Key Characteristics:

1. Inherent: derived from humanity itself, not granted by the state.

2. Inalienable: cannot be legitimately taken away or surrendered.
3. Universal: apply equally to all people.
4. Interdependent and indivisible: all rights are connected and of equal importance.
5. Legally protected: enforced under the rule of law through impartial courts.

Duty Bearers:

 Primarily states and their institutions (executive, legislature, judiciary).

 States must respect, protect, and fulfil these rights.

Dual Effect:

 Vertical effect: regulates relations between the individual and the state.
 Horizontal effect: obliges the state to protect individuals from violations by other
individuals or groups.

1.2 Historical Development of Human Rights

A. Pre–World War II Developments

 Ancient roots:
o Greek philosophers and religious traditions (Christianity, Islam, Buddhism,
Confucianism) emphasized justice and human dignity.
 Medieval foundations:
o Magna Carta (1215) – limited royal power and recognized due process.
o Golden Bull of Hungary (1222), English Bill of Rights (1689) – early
recognition of liberties.
 Spanish scholars (16th century):
o Francisco de Vitoria and Bartolomé de las Casas defended the inherent
dignity and rights of indigenous peoples under colonial rule.
 The Enlightenment (17th–18th centuries):
o John Locke – natural rights: life, liberty, property.
o Jean-Jacques Rousseau – social contract theory.
o Hugo Grotius and Pufendorf – natural law and universal human equality.
  Political revolutions:
o American Declaration of Independence (1776) – equality and inalienable
rights to life, liberty, and the pursuit of happiness.
o French Declaration of the Rights of Man and Citizen (1789) – established
universal civil and political rights.
 19th–early 20th century:
o Recognition of social rights (work, education, welfare) in the constitutions of
Mexico (1917), the Soviet Union (1918), and Germany (1919).
o The International Labour Organization (1919) began global labour rights
protection.

B. Post–World War II Developments

 Atrocities of WWII (Holocaust, genocide) demonstrated that national sovereignty

could not justify human rights abuses.
 UN Charter (1945) made human rights a principle of international law.
 Universal Declaration of Human Rights (UDHR, 1948) adopted as the first global
standard.
 International Covenants (1966):
o ICCPR – Civil and Political Rights.
o ICESCR – Economic, Social, and Cultural Rights.
o Together with UDHR → International Bill of Human Rights.
 Regional systems developed:
o European (1950), Inter-American (1969), African (1981).

1.3 Theories of Human Rights

1. Natural Law Theory: rights are inherent in human nature and discoverable by
reason.
2. Positivist Theory: rights exist only when recognized by law.
3. Utilitarian Theory: rights promote overall social welfare and happiness.
4. Social Contract Theory: individuals consent to form governments that protect their
rights.
5. Marxist/Socialist Theory: focuses on material equality and collective welfare.
6. Cultural Relativism vs. Universalism: debate between universal application of
rights and respect for cultural diversity.

1.4 Classification of Human Rights

(a) Classic and Social Rights

 Classic (civil & political) rights → state must refrain from interference (negative
obligations).
 Social (economic & cultural) rights → state must act to ensure welfare (positive
obligations).
 Both sets are interdependent and require resources and enforcement mechanisms.
(b) Civil, Political, Economic, Social, and Cultural Rights
Type Examples
Civil Rights Life, liberty, security, privacy, equality, fair trial, property.
Political Rights Expression, association, voting, and participation in governance.
Economic Work, fair wages, trade union, property, and social protection.
Rights
Social Rights Education, housing, healthcare, social security, and family life.
Cultural Rights Participate in cultural life, benefit from science and arts, and protect
cultural identity.

All rights are universal, indivisible, and interdependent (Vienna Declaration, 1993).

(c) Fundamental and Basic Rights

 Core rights indispensable for human dignity: life, security, freedom from torture,
discrimination, slavery, and arbitrary detention.
 Include participation rights like voting and cultural engagement.

(d) Other Classifications

 Freedoms: Roosevelt’s Four Freedoms – speech, belief, freedom from want, and fear.
 Civil Liberties: constitutional rights like freedom of expression and due process.
 Individual and Collective Rights: individual (privacy), collective (self-
determination, minority protection).
 Generational Approach:
o First generation: civil & political rights.
o Second generation: economic, social, cultural rights.
o Third generation: solidarity rights – development, peace, environment.

1.5 Sources of Human Rights: (Article 38, Statute of the International Court of Justice)
1. International Conventions (Treaty Law):
o Binding agreements establishing legal obligations among states.
o Examples:
 UDHR (1948)
 ICCPR (1966)
 ICESCR (1966)
 Conventions on genocide, torture, racial discrimination, women,
children, refugees, and migrant workers.
 Regional treaties: European Convention (1950), American Convention
(1969), African Charter (1981).
2. International Custom:
o Based on consistent state practice accepted as law (opinio juris).
o Binding on all states unless persistently objected.
o Peremptory norms (jus cogens): no derogation allowed (e.g., slavery, torture,
genocide).
3. General Principles of Law: Common legal principles recognized by all civilized
nations (e.g., good faith, fairness, proportionality).
4. Subsidiary Means:
o Judicial decisions and scholarly writings used as interpretative guides (e.g.,
ICJ, regional courts, domestic rulings, academic commentaries).
THE UNIVERSAL HUMAN RIGHTS SYSTEM

2.1 The United Nations Legal Framework

A. The UN Charter (1945)

 Marks the internationalization of human rights.

 Human rights are a core purpose of the UN (Preamble, Art. 1(3)).
 Relevant Articles: 1(3), 13, 55, 56, 62, 68, 76(c).
 Members pledge to act jointly and separately to promote and respect human rights.
 Weaknesses:
o No clear definition of “human rights.”
o No enforcement mechanism.
o Restricted by Article 2(7) (non-interference in domestic affairs).
 Nonetheless, the Charter established the foundation for all later instruments and
normative obligations.

B. Universal Declaration of Human Rights (UDHR, 1948)

 Drafted by the UN Commission on Human Rights (chaired by Eleanor Roosevelt).

 Adopted on 10 December 1948 (48 votes in favor).
 Contains 30 articles and a preamble.
 Core message: “All human beings are born free and equal in dignity and rights.”
 Divided into:
o Articles 3–21: Civil and political rights.
o Articles 22–27: Economic, social, and cultural rights.
 Recognizes the need for the rule of law to prevent tyranny.
 Though non-binding, it became the moral and legal foundation of modern human
rights law and influenced most post-war constitutions.
 Serves as a common standard of achievement for all peoples and nations.

C. The International Covenants (1966)

1. International Covenant on Civil and Political Rights (ICCPR):

o 53 articles; 27 substantive rights.
o Establishes the Human Rights Committee (18 experts) to review state
reports and individual complaints.
o Optional Protocol I: allows individual petitions.
o Optional Protocol II: aims to abolish the death penalty.
o Rights include: life, liberty, fair trial, expression, religion, participation,
equality before the law.
2. International Covenant on Economic, Social, and Cultural Rights (ICESCR):
o 31 articles; 15 substantive rights.
o Recognizes rights to work, fair wages, health, education, social security, and
adequate living standards.
o Obligates states to achieve progressive realization of rights using available
resources (Art. 2).
o Supervised by the Economic and Social Council (ECOSOC) through the
Committee on Economic, Social, and Cultural Rights.
Together with the UDHR, they form the International Bill of Human Rights.

D. Other Major Human Rights Instruments

 Convention on the Prevention and Punishment of Genocide (1948)

 CERD (1965)
 CEDAW (1979)
 CAT (1984)
 CRC (1989)
 Migrant Workers Convention (1990)
 Regional Instruments:
o European Convention (1950)
o Inter-American Convention (1969)
o African Charter (1981)

Summary

 Human rights law evolved from moral ideals into binding international legal
standards.
 The UN Charter institutionalized the concept; the UDHR codified it; the Covenants
legalized it.
 Rights are universal, indivisible, and interdependent, grounded in the dignity of
every human being.
 The global system is complemented by regional mechanisms and specialized
conventions addressing vulnerable groups.