HUMAN RIGHTS

COURSE CODE: IRS4335

COURSE TUTOR: DR. AHMED BABATUNDE ADEOSUN

 Meaning of Human Rights

• The word ‘right’ is derived from the Latin word rectus which means that to which a person has a just and
valid claim. Human rights are rights inherent to all human beings. They define relationships between
individuals and power structures, especially the State. Human rights delimit State power and, at the
same time, require States to take positive measures ensuring an environment that enables all people to
enjoy their human rights.
• Definition of Human Rights
• The Universal Declaration of Human Rights (UDHR), 1948, defines human rights as “rights derived from the
inherent dignity of the human person.” Human rights when they are guaranteed by a written constitution are
known as “Fundamental Rights” because a written constitution is the fundamental law of the state.
• Basu defines “Human rights as those minimal rights, which every individual must have against the State, or
other public authority, by virtue of being a ‘member of human family’ irrespective of any consideration.
• From the foregoing, human rights are those rights which the international community recognizes as belonging
to all individuals by the very fact of their humanity
 Characteristics of Human Rights and Nature of Human Rights

• Human Rights are Inalienable: Human rights are bestowed on an individual due to the very nature of his
existence. They are intrinsic in all individuals irrespective of their caste, creed, religion, sex and nationality.
Put differently, Human rights are inalienable insofar as no person may be divested of his or her human rights,
save under clearly defined legal circumstances. For instance, a person’s right to liberty may be restricted if he
or she is found guilty of a crime by a court of law at the closure of a fair trial.

• Human Rights are Irrevocable: Human rights are irrevocable. They cannot be taken away by any power or
authority because these rights belong to a person simply because he is a human being.

• Human Rights are Universal: Human rights are not a monopoly of any privileged class of people. Human
rights are universal in nature, without consideration and without exception. The values such as divinity,
dignity and equality which form the basis of these rights are inherent in human nature. In other words, human
rights are universal because they are based on every human being’s dignity, irrespective of race, colour, sex,
ethnic or social origin, religion, language, nationality, age, sexual orientation, disability or any other
distinguishing characteristic. Since they are accepted by all States and peoples, they apply equally and
indiscriminately to every person and are the same for everyone everywhere.
Contd;
• Human Rights are never absolute: Man is a social animal, and he lives in a community, which always put
certain restrictions on the enjoyment of his rights and freedoms. As such each right has certain limitations.

• Human Rights are Essential and Necessary: In the absence of human rights, the moral, physical, social and
spiritual welfare of an individual is impossible. Human rights are also essential as they provide suitable
conditions for material and moral upliftment of the people.

• Rights as limits to state power: Human rights imply that every individual has legitimate claims upon his or
her society for certain

• Human Rights are Dynamic: Human rights are not static, they are dynamic. Human rights go on expanding
with socio-eco-cultural and political developments within the State. Judicial officers have to interpret laws in
a manner that are in tune with the changed social values. For instance, the right to be cared for in sickness
has been extended to include free medical treatment in public hospitals, provisions for equipped schools for
the physically handicapped.
Cont’d.

• Human rights are indivisible and interdependent: Human rights are indivisible and interdependent. This is
because each human right entails and depends on other human rights, violating one such right affects the
exercise of other human rights. For instance, the right to life assumes respect for the right to an adequate
standard of living. Denial of the right to basic education may affect a person’s access to justice and
participation in public life. The promotion and protection of economic and social rights presupposes freedom
of expression, of peaceful assembly and of association. Accordingly, civil, cultural, economic, political and
social rights are complementary and equally essential to the dignity and integrity of every person. Moreover,
respect for all rights is a prerequisite to sustainable peace and development.
 Human Rights and Fundamental Rights

• Human rights are rights which every civilized society must accept as belonging to each person as a human
being. When the United Nations made its declaration, it was in respect of ‘Human Rights’ as it was envisaged
that certain Rights belong to all human beings irrespective of citizenship, race, religion and so on.

• Fundamental rights are those species of human rights which have been recognized and incorporated into the
constitution of any nation. However, in view of this constitutional incorporation. Fundamental Rights remain
in the realm of domestic law. They are fundamental because they have been guaranteed by the fundamental
law of the country.
 Distinctions between Human Rights and Fundamental Rights

 Meaning: Human rights are the basic rights that all human beings can enjoy, no matter where they live, what
they do and how they behave while fundamental rights refers to the primary rights of the citizens which are
justifiable and written in the constitution.

 Scope: Human rights are universal whereas fundamental rights are country specific.

 Guarantee: Human rights are internationally guaranteed while fundamental rights are constitutionally
guaranteed.

 Enforcement: Human rights are enforceable by the UNO whereas fundamental rights are enforceable by the
court of law.

 Origin: Human rights originated from the ideas of civilized nations while fundamental rights originated from
the views of democratic society.
 Similarities between Human Rights and Fundamental Rights

• Inherent Dignity: Both human rights and fundamental human rights are based on
the inherent dignity and worth of every individual.
• Universal Application: Both apply universally, regardless of nationality, race, or
status.
• Protection from Abuse: Both aim to protect individuals from abuse, exploitation,
and oppression.
 Implications of Human and Fundamental Rights

•Protection: Fundamental human rights provide a foundation for protecting

essential human dignity and well-being.
•Accountability: Both human rights and fundamental human rights hold
governments and institutions accountable for respecting and protecting individual
rights.
•Advocacy: Understanding the distinction between human rights and fundamental
human rights informs advocacy efforts, highlighting the importance of protecting
core rights.
•
 Evolution of Human Rights

• It may be traced to the theory of Natural Rights derived from the concept of Natural Law, as propounded by
ancient Greek Stoic Philosophers and further developed by Thomas Hobbes and John Locke.
• The American and French Revolution gave further impetus to the struggle of human rights.
• The evolution and development of human rights in the international context can be traced to the Magna Carta
1215 ( the main theme was protection against the arbitrary acts by the king. The 63 clauses of the Charter
guaranteed basic civic and legal rights to citizens, and protected the barons from unjust taxes).
• The English Bill of Rights (enacted on December 16, 1689, by the British Parliament, declared that the king
has no overriding authority. It codified the customary laws, and clarified the rights and liberties of the
citizens).
• The French Declaration of the Rights of Man and of the Citizen, 1789: The declaration spelt out the “natural
and inalienable” rights, which are freedom, ownership, security, resistance to oppression; it recognizes
equality before the law and the justice system, and affirms the principle of separation of powers.
• The American Bill of Rights (1791). Enacted on 17th September 1787. It stated that the citizen would be
protected against the abuse of power by the officials of the States.
• The twentieth century witnessed the outward expression of the philosophy of Human Rights when the United
Nations adopted the UN Charter, 1945, The Universal Declaration of Human Rights, 1948.
Cont’d…,
• The term ‘human rights’ had its origin in international law, which dated back to the World War II and the
concept of an individual having certain basic, inalienable rights as against a sovereign State had its origin in
the doctrines of natural law and natural rights. Thomas Hobbes (1588 – 1679), John Locke (1632 – 1704) and
Jean-Jacques Rousseau (1712 – 1778) are the three main thinkers who developed the Natural Rights theory.
• Thomas Hobbes championed the theory of ‘natural rights’. In his famous work, ‘Leviathan’, he maintained
that no individual could ever be deprived of the right to life, which he enjoyed in the state of nature. He
asserted that all human beings are equal, without any consideration.
• John Locke in his book, ‘Two Treatises Government’, contended that every human being has a natural right to
life, personal liberty, and property, and that no governmental authority has power to deprive individuals of
these rights because they had enjoyed them even before the creation of the civil or political society.
• Rousseau is regarded as the leading master of natural law school, in his book, ‘The Social Contract’, he stated
that “All men are born free but everywhere they are in chains.” He asserted that men are bestowed with
inalienable rights of liberty, equality and fraternity. These concepts became the basis for the French
Declaration of the Rights of Man and of the Citizen.
• Paine an American revolutionary thinker developed the doctrine of natural rights and maintained that rights
are natural, because they were bestowed upon man by God himself. These rights exist independently of the
legal code of any country.
 Classification of Human Rights

• Several categories of classifications of human rights have been adopted by various scholars. Human Rights
have been classified into personal rights, political and moral rights, proprietary rights, procedural rights and
equality rights. Personal rights include rights to life, to dignity of human person, the right to personal liberty
and right to freedom of expression, freedom of Association and Assembly, freedom of conscience and
religion. Proprietary rights include rights to property and privacy. Procedural (due process) rights include
rights to fair hearing and to have one’s cause heard. Equality rights include the right to freedom from
discrimination.
• Human rights can be classified into five and they are:
• Civil Rights
• Political Rights
• Economic Rights
• Social and Cultural Rights
• Development Oriented Human Rights
Cont’d..,

• The Civil and Political Human Rights are collectively known as ‘Liberty Oriented Human Rights’ because they
provide, protect and guarantee individual liberty to an individual against the State and its agencies. Liberty rights are
also known as Blue Rights and are the First Generation of Human Rights.

• Economic, social and cultural rights as well as the rights of minorities as well are rights aim at promotion of the
economic and social security through economic and social upliftment of the weaker sections of the society. These rights
are necessary for dignity of a person as well as for the full and free development of human personality in all possible
directions. These rights ensure a minimum of economic welfare of the people and their basic material needs. They are
recognized by the society as essential to civilized living and are known as the Second Generation of Human Rights.
They are also known as “Security Oriented Human Rights” because they collectively provide and guarantee the
essential security in the life of an individual.

• The Development Oriented Human Rights are of a very recent origin in the late twentieth century. They are rights
that enable individuals to participate in the process of all round development and include environmental rights
that enable an individual to enjoy the absolutely free gifts of nature, namely, air, water, food and natural resources,
free from pollution and contamination. They are known as the Third Generation of Human Rights They are also
known as Solidarity Rights, because their implementation depends upon international cooperation. Solidarity
rights are of special importance to third world countries, because these countries want the creation of an
international order that will guarantee to them the right to development, the right to disaster relief assistance, the
right to peace and the right to good government.
 Reasons for Respect and Protection of Human Rights by Government

• Moral and ethical obligations: Governments recognize the inherent dignity and worth of every human being
and acknowledge that human rights are universal and inalienable .

• International law and agreements: Governments have ratified international human rights treaties and
conventions, such as the Universal Declaration of Human Rights, which obliges them to respect and protect
human rights.

• National constitutions and laws: Many national constitutions and laws enshrine human rights and obligate
governments to protect them.

• Promoting stability and security: Respecting and protecting human rights can help promote stability and
security by reducing social tensions and conflicts.
Cont’d..,

• Fostering economic development: Human rights are essential for economic development, as they provide a
foundation for social justice, equality, and human dignity.

• Enhancing international reputation: Governments that respect and protect human rights are seen as more
trustworthy and reliable partners internationally.

• Accountability and justice: Respecting and protecting human rights helps ensure accountability and justice
for victims of human rights abuses.

• In sum, by respecting and protecting human rights, governments can promote human dignity, stability,
security, and economic development, while also upholding their moral, legal, and international obligations.
 The United Nations and Human Rights

• The atrocities of World War II had a significant impact on the development of our modern understanding of
human rights across the world. The UN and Council of Europe made the protection of human rights
fundamental to their work. The UN set up a Human Rights Commission which drafted and adopted a
Universal Declaration of Human Rights in 1948, the foundation of UN human rights treaties and conventions
(Equality and Human Right Commission, 2012: 10).

• The United Nations supports for human rights was made clear from the beginning in the Charter of 1945
which speaks of “promoting and encouraging respect for human rights and fundamental freedoms for all
without distinction as to race, sex, language, or religion” (Art. 1 Par. 3).

• The first step towards the achievement of this goal was the Universal Declaration of Human Rights (UDHR)
of 1948. It contains a number of fundamental social rights such as the right to social security (Art. 22) and the
right to work (Art. 23). Article 29 speaks of the individual’s responsibilities towards the community in which
he or she lives, i.e. evoking the existence of certain “fundamental duties”.
Cont’d

• Articles 55 and 56 of the Charter state that the member states pledge themselves to take joint and separate
action in cooperation with the Organization to “promote . . . universal respect for and observance of human
rights.” This “pledge” remains the core human rights obligation of member states. In practice it meant
promotion rather than protection.
• Nonetheless, it has resulted in an impressive body of international human rights law, as well as studies and
public information on a wide range of human rights and related issues. However, the widely recognized
principles of territorial sovereignty and non-intervention into “matters which are essentially within the
domestic jurisdiction of any state” (art. 2(7)), have prevented the UN from taking decisive action to stop
governments from mistreating their populations in violation of their Article 56 pledge.
Cont’d

• The Commission on Human Rights was saddled with the responsibility to draft the Universal Declaration of
Human Rights (UDHR), adopted by the UNGA on 10 December 1948 and stating in its Preamble that “a
common understanding of these rights and freedoms is of the greatest importance for the full realization of
[the Charter art. 56] pledge.” But this phrase “common understanding” generated a problem between the
Western and Eastern blocs.
• Delegates from Western countries denounced the lack of democracy, freedom, and human rights in the
Eastern bloc, and Eastern bloc countries and members of the Non-Aligned Movement criticized the West for
its racial discrimination, support of Apartheid, and domination in the global economy in ways that drastically
curtailed economic, social, and cultural rights.
• With the end of the Cold War and a seeming de-linking of human rights and ideology, words took on new
meaning and a new, at least partially restored, consensus became possible.
• It was not until 1966 that the UN General Assembly adopted two binding agreements on human rights:
• The International Covenant on Civil and Political Rights (ICCPR).
• The International Covenant on Economic, Social and Cultural Rights (ICESCR). Both came into force in
1976
 UN Contributions to Human Rights
• Standard-Setting: The UN has been instrumental in developing international human rights
standards through treaties, declarations, and resolutions. Examples include Universal Declaration
of Human Rights (UDHR, 1948), the foundational document that outlines fundamental human
rights and freedoms; the UN has facilitated the adoption of nine core international human rights
treaties, such as the ICCPR, ICESCR, CEDAW, and CRC.

a) Advocacy and Awareness: The UN raises awareness about human rights issues and advocates for
their protection. Moreover, human rights day celebrated annually on December 10 to
commemorate the adoption of the UDHR. Besides, the UN launches global campaigns to address
issues like gender equality, racial discrimination, and climate justice. Furthermore, the UN
provides educational materials and resources to promote human rights literacy.
Cont’d
• Monitoring and Accountability: The UN monitors states' compliance with human rights
obligations and holds them accountable for violations. It established a Committees of independent
experts who oversee the implementation of core human rights treaties, review state reports,
consider individual complaints, and issue recommendations. Besides, a unique mechanism is put
in place under the Human Rights Council that reviews the human rights records of all UN member
states every four to five years. Furthermore, an independent experts, such as Special Rapporteurs
and Working Groups, monitor specific human rights issues (e.g., freedom of expression, torture) or
country situations.

• Addressing Human Rights Violations: The UN takes action to address human rights violations and
prevent future abuses. For instance, in Syria, Myanmar, Yemen and other countries where cases of
human rights violations have been reported, the UN establishes commissions of inquiry and fact-
finding missions to investigate gross human rights violations. Besides, the International Criminal
Court (ICC) works with the UN to prosecute individuals for genocide, war crimes, and crimes
against humanity. Furthermore, through the Security Council, the UN can impose sanctions or
authorize interventions to address severe human rights abuses.
Cont’d.,

• Supporting Vulnerable Groups: The UN prioritizes the protection of vulnerable and marginalized
groups. For example, through CEDAW and initiatives like UN Women, the UN promotes gender
equality and women's rights. Moreover, the Convention on the Rights of the Child (CRC) and
UNICEF work to protect children's rights. Furthermore, the UN High Commissioner for Refugees
(UNHCR) and the International Organization for Migration (IOM) protect the rights of refugees
and migrants. In addition, the UN Declaration on the Rights of Indigenous Peoples (2007) and the
Permanent Forum on Indigenous Issues advocate for indigenous rights.
• Technical Assistance and Capacity Building: The UN supports states in implementing human
rights standards through technical assistance and capacity-building programs. For instance, Office
of the High Commissioner for Human Rights (OHCHR) is responsible for human rights, providing
expertise, training, and support to governments and civil society. Besides, the UN Development
Programme (UNDP), works to integrate human rights into development programs. Furthermore,
UN peacekeeping operations include human rights components to monitor and protect rights in
conflict zones.
 Theories of Human Rights

• Human rights theories are frameworks and philosophies that seek to explain the nature, origin, and scope of
human rights. These theories provide the foundation for understanding why human rights exist, how they
should be protected, and what they entail. Below are some of the key human rights theories:

• Natural Rights Theory

• It dates back to ancient Greek philosophy (e.g., Aristotle) and developed further by thinkers like John
Locke, Thomas Hobbes, and Immanuel Kant. The central thesis of this theory is that:
• Human rights are inherent and universal, derived from nature, reason, or divine authority. They are not
granted by governments or societies but are intrinsic to human beings by virtue of their humanity.
Rights such as life, liberty, and property are inalienable. Governments exist to protect these rights; if
they fail, citizens have the right to revolt.
• Criticism: Critics argue that the concept of "natural rights" is abstract and lacks empirical evidence.
Cont’d

• Legal Positivism
• It is associated with thinkers like Jeremy Bentham and John Austin and its core idea is that human rights are
not inherent but are created and defined by laws and legal systems. Rights exist only when they are
recognized and enforced by the state. It focuses on the practical enforcement of rights rather than their moral
or philosophical basis.
• Criticism: It has been criticized on the ground that it justify oppressive laws if they are legally enacted.

• Utilitarianism: It was developed by Jeremy Bentham and John Stuart Mill and the tenets of the theory
are: Human rights are justified if they contribute to the greatest happiness or well-being of the greatest
number of people.
• Rights are tools to maximize overall societal welfare.
• Individual rights may be limited if doing so benefits the majority.
• Criticism: Critics argue that utilitarianism can justify the violation of minority rights for the sake of the
majority.
Cont’d

• Social Contract Theory

• The theory is associated with Thomas Hobbes, John Locke, Jean-Jacques Rousseau, and Immanuel
Kant. The central idea is that human rights arise from an implicit agreement between individuals and the
state. Individuals surrender some freedoms in exchange for protection and social order. The key
principles of the theory includes:
• Rights are part of a mutual agreement between citizens and the government.
• Governments that violate this contract lose their legitimacy.
• Criticism: It is a theoretical construct with no historical basis.

• . Marxist Theory
• The theory is based on the works of Karl Marx and Friedrich Engels and states that human rights are shaped
by economic and class structures. In capitalist societies, rights often serve the interests of the ruling class. It
emphasizes collective rights over individual rights, focuses on economic and social rights, such as the right to
work, education, and healthcare.
• Criticism: It neglects individual freedoms and civil liberties.
Cont’d..,

• Cultural Relativism
• It originated in anthropology and sociology, with thinkers like Franz Boas and Clifford Geertz. The
theory stipulates that human rights are not universal but are shaped by cultural, historical, and social
contexts. What is considered a right in one culture may not be recognized in another.
• It emphasizes for cultural diversity
• It opposes the imposition of Western human rights standards on non-Western societies.
• Criticism: It has been criticized on the ground that it can be used to justify human rights abuses, such as
gender discrimination or slavery.
 Decolonisation and Human Rights Expansion

• Decolonization and the expansion of human rights to include self-determination are deeply interconnected historical and political
processes that reshaped the global order in the 20th century. Below is an overview of their significance and relationship.
• Decolonisation
• Decolonisation refers to the process by which colonies gained independence from colonial powers and this occurred after World
War II. Examples, India and Pakistan gaining independence from Britain in 1947. Ghana and Algeria 1957 and 1962 respectively.
In Southeast Asia, countries such as Indonesia and Vietnam got their independence in 1949 and 1954 respectively. The urge for
independence was driven by a combination of factors, including:

• World War II: The war weakened European colonial powers economically and militarily, making it difficult to maintain control
over their colonies.

• International Pressure: The United Nations and other global institutions promoted anti-colonialism and supported the right to
self-determination.

• Cold War Dynamics: The U.S. and Soviet Union, while often supporting decolonization for strategic reasons, also influenced the
process by backing independence movements.

• Nationalist Movements: Colonized peoples organized and demanded independence, often inspired by ideas of sovereignty and
self-governance.
 Expansion of Human Rights and Self-Determination

• The concept of self-determination a cornerstone of international human rights in the 20th century refers to the
right of peoples to freely determine their political status and pursue their economic, social, and cultural
development. This principle was enshrined in key international documents, including:

• The United Nations Charter (1945): Article 1(2) emphasizes the principle of self-determination.

• The Universal Declaration of Human Rights (1948): While not explicitly mentioning self-determination, it
laid the groundwork for individual and collective rights.

• The International Covenant on Civil and Political Rights (1966) and the International Covenant on Economic,
Social, and Cultural Rights (1966): Both explicitly recognize self-determination as a fundamental right.
 Impact of self-determination on Human Rights

• Empowerment of Marginalized Communities: Decolonization and the recognition of self-determination

empowered marginalized communities to demand their rights and participate in government .

• Recognition of Self-Determination: The expansion of human rights to include self-determination recognized

the inherent dignity and worth of colonized peoples.

• New International Order: The decolonization process contributed to the creation of a new international
order, where newly independent countries played a significant role in shaping global governance.
 International Human Rights Law and Institutions
• International human rights treaties are legally binding instruments that establish standards for the protection
and promotion of human rights. Each treaty is supplemented by enforcement mechanisms to monitor
compliance and address violations. Below are the core treaties and their enforcement mechanisms:

• Universal Declaration of Human Rights (UDHR, 1948): A foundational document that outlines fundamental
human rights but is not legally binding.

• International Covenant on Civil and Political Rights (ICCPR, 1966): Legally binding treaty protecting civil
and political rights. The enforcement mechanism is the Human Rights Committee which monitors
implementation through state reports, individual complaints, and general comments.

• International Covenant on Economic, Social and Cultural Rights (ICESCR, 1966): Legally binding treaty
protecting economic, social, and cultural rights. The enforcement mechanism is the Committee on Economic,
Social and Cultural Rights (ICESCR) which reviews state reports and issues recommendations.
Cont’d.,

• International Convention on the Elimination of All Forms of Racial Discrimination (ICERD, 1965). It
prohibits racial discrimination and promotes racial equality. The enforcement mechanism is the Committee on
the Elimination of Racial Discrimination (CERD), which reviews state reports, considers individual
complaints, and conducts early warning procedures to prevent serious violations.

• Convention on the Elimination of All Forms of Discrimination against Women (CEDAW, 1979). It promotes
gender equality and prohibits discrimination against women. The enforcement mechanism is the Committee
on the Elimination of Discrimination against Women. It reviews state reports, considers individual
complaints, and issues general recommendations.

• Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT, 1984). It
prohibits torture and other forms of ill-treatment. The enforcement mechanism is the Committee against
Torture (CAT) and it reviews state reports, considers individual complaints, and conducts inquiries into
systematic violations. Also, Optional Protocol to CAT (OPCAT, 2002): Establishes a Subcommittee on
Prevention of Torture to conduct visits to detention facilities.
Cont’d..,

• Convention on the Rights of the Child (CRC, 1989). It protects the rights of children, including survival,
development, protection, and participation. The enforcement mechanism is the Committee on the Rights of
the Child and it reviews state reports and issues recommendations. Also, Optional Protocols address issues
such as child soldiers, child trafficking, and the sale of children.

• International Convention on the Protection of the Rights of All Migrant Workers and Members of Their
Families (ICRMW, 1990). It protects the rights of migrant workers and their families. The enforcement
mechanism is the Committee on Migrant Workers (CMW) and it reviews state reports and considers
individual complaints.

• Convention on the Rights of Persons with Disabilities (CRPD, 2006). It promotes and protects the rights of
persons with disabilities. The enforcement mechanism is the Committee on the Rights of Persons with
Disabilities. The Committee reviews state reports, considers individual complaints, and issues general
comments.
Cont’d…,
• International Convention for the Protection of All Persons from Enforced Disappearance (ICPPED, 2006). It
prohibits enforced disappearances and protects victims' rights. The enforcement mechanism is the Committee
on Enforced Disappearances and it reviews state reports, considers individual complaints, and conducts
urgent actions to locate disappeared persons.

• Convention on the Prevention and Punishment of the Crime of Genocide (1948).It prohibits genocide and
requires states to prevent and punish it. The enforcement mechanisms are: the International Court of Justice
(ICJ) which adjudicates disputes between states and International Criminal Court (ICC), which prosecutes
individuals for genocide and other international crimes.
Core human rights instruments and their monitoring bodies
 Challenges in Enforcement

• Lack of Ratification: Some states have not ratified all core treaties.

• Non-Compliance: States may fail to implement treaty obligations fully.

• Limited Resources: Treaty bodies often face resource constraints.

• Political Resistance: Some states resist external scrutiny of their human rights records.

• Despite these problems stated above, the core international human rights treaties and their enforcement
mechanisms provide a robust framework for promoting and protecting human rights worldwide. Continued
advocacy, cooperation, and innovation are essential to strengthen their effectiveness.
 Regional Human Rights Systems

• Regional human rights systems complement the global framework established by the United Nations by
addressing human rights issues within specific geographic contexts. These systems provide more tailored
mechanisms for monitoring and enforcing human rights standards. The major regional human rights systems
in Europe, the Americas, Africa, and Asia are examine below:

•Europe:

• The European human rights system is one of the most developed and effective regional systems and the key
instruments are:
• European Convention on Human Rights (ECHR, 1950): It protects civil and political rights.
• European Social Charter (1961): It focuses on economic and social rights.
• Charter of Fundamental Rights of the European Union (2000): It binds EU institutions and member states to
fundamental rights.
Cont’d

•Enforcement Mechanisms:
•European Court of Human Rights (ECtHR): Individuals and states can bring cases alleging violations of the
ECHR. The Court's rulings are legally binding.

•European Committee of Social Rights (ECSR): Monitors compliance with the European Social Charter.

•Commissioner for Human Rights: An independent institution within the Council of Europe that promotes
human rights awareness and compliance.
Cont’d ..,
•Americas
•The Inter-American human rights system covers North, Central, and South America, as well as the Caribbean
and the key instruments are:

•American Convention on Human Rights (1969): Protects civil, political, economic, social, and cultural rights.

•Inter-American Convention to Prevent and Punish Torture (1985).

•Inter-American Convention on the Prevention, Punishment, and Eradication of Violence against Women
(1994).
Cont’d…,

•Enforcement Mechanisms:

•Inter-American Court of Human Rights (IACtHR): It hears cases referred by the Inter-American Commission
or states. Its rulings are binding.

•Inter-American Commission on Human Rights (IACHR): It monitors human rights, conducts country visits,
and receives individual petitions.

•Special Rapporteurs: Focus on specific issues, such as freedom of expression and indigenous rights.
Cont’d…,

•Africa
•The African human rights system emphasizes collective rights and development and the key instruments are:

•African Charter on Human and Peoples' Rights (1981): Protects civil, political, economic, social, and cultural
rights, as well as collective rights (e.g., right to development).

•Protocol to the African Charter on the Rights of Women in Africa (2003): Focuses on gender equality.

•African Charter on the Rights and Welfare of the Child (1990).

•
Cont’d..,
•Enforcement Mechanisms:

•African Court on Human and Peoples' Rights (AfCHPR): It hears cases referred by the African Commission,
states, or individuals (if the state has accepted the Court's jurisdiction).

•African Commission on Human and Peoples' Rights (ACHPR): It monitors compliance, receives individual
complaints, and conducts investigations.

•Special Rapporteurs and Working Groups: Address issues such as freedom of expression and the rights of
refugees.
Cont’d …,

•Asia

•Asia lacks a comprehensive regional human rights system, but there are emerging mechanisms and sub-
regional initiatives and the key instruments are:

•ASEAN Human Rights Declaration (2012): It was adopted by the Association of Southeast Asian Nations
(ASEAN), but criticized for being non-binding and lacking enforcement.

• SAARC Social Charter (2004): It focuses on social development in South Asia

Cont’d…,

•Enforcement Mechanisms:

•ASEAN Intergovernmental Commission on Human Rights (AICHR): It promotes human rights but has limited
powers and no mandate to receive individual complaints.

•National Human Rights Institutions (NHRIs): Many Asian countries have NHRIs that monitor and promote
human rights domestically.

•Review Questions
•How effective are regional human rights mechanisms in promoting and protecting human rights? Illustrate your
answer with example of one regional human rights systems you have studied in this course.

•What is the role of the African Commission on Human and Peoples' Rights in promoting human rights in
Southeast Asia?
 The Role of International Courts and Tribunals in Enforcing Human Rights

• International courts and tribunals play a critical role in enforcing human rights by providing legal mechanisms to
hold states and individuals accountable for violations. These judicial bodies interpret international human rights
law, adjudicate disputes, and issue binding decisions that contribute to the development of global human rights
norms.

•International Court of Justice (ICJ)

•Role: The ICJ is the principal judicial organ of the United Nations and settles legal disputes between states and
provides advisory opinions on legal questions.
•Human Rights Jurisdiction: The ICJ primarily deals with interstate disputes and it has addressed human rights
issues in cases involving genocide, racial discrimination, and state responsibility for human rights violations.
Examples: Bosnia and Herzegovina v. Serbia and Montenegro (2007): Ruled on state responsibility for genocide.
•The Gambia v. Myanmar (2019): Addressed allegations of genocide against the Rohingya people.
•Strengths: Decisions are binding and authoritative.
•Limitations: Only states can bring cases, and enforcement relies on state cooperation.
Cont’d ..,

•International Criminal Court (ICC)

•Role: The ICC prosecutes individuals for genocide, war crimes, crimes against humanity, and the crime of
aggression.
•Human Rights Jurisdiction: The ICC addresses gross human rights violations that amount to international
crimes. Examples: Prosecution of Thomas Lubanga (DRC) for recruiting child soldiers. Investigation into
alleged crimes in Darfur (Sudan) and Myanmar.
•Strengths: It focuses on individual accountability, deterring future violations.
•Limitations: Limited jurisdiction (only over states that are parties to the Rome Statute or referred by the
UN Security Council); political challenges in enforcing arrests.
Cont’d

•Role of ICC
• Prosecuting Grave International Crimes: The ICC holds perpetrators accountable where national
courts are unable or unwilling to act. Put differently, it investigates and prosecutes genocide, war
crimes, crimes against humanity, and aggression. For instance, Thomas Lubanga (DRC) – First
ICC conviction (2012) for recruiting child soldiers; Germain Katanga (DRC) – Convicted for war
crimes (2014); Al-Mahdi (Mali) – First conviction for cultural destruction (Timbuktu mosques,
2016).
• Supporting Victims and Affected Communities: The ICC’s Trust Fund for Victims provides
reparations, rehabilitation, and psychosocial support. Victims can participate in trials, ensuring
their voices are heard.
Cont’d..,

• Deterring Future Atrocities: The ICC’s existence signals that impunity is not guaranteed,
potentially discouraging war crimes and genocide. Though, it has limited enforcement but has
raised global awareness of atrocities. In other words, the ICC deters future atrocities by
demonstrating that impunity will not be tolerated.

• Strengthening International Human Rights Norms: The ICC reinforces treaties like the Geneva
Conventions and Genocide Convention. In addition, its rulings shape interpretations of crimes
(e.g., sexual violence as a war crime).
Cont’d..,

•European Court of Human Rights (ECtHR)

•Role: The ECtHR enforces the European Convention on Human Rights (ECHR) and hears cases brought by
individuals or states alleging human rights violations.

•Human Rights Jurisdiction: It covers civil and political rights under the ECHR. Examples:
•Oliari v. Italy (2015): Recognized the right to same-sex civil unions. Hirst v. United Kingdom (2005):
Addressed prisoners' voting rights.

•Strengths: Binding judgments, high compliance rates, and a well-developed jurisprudence.

•Limitations: Overburdened with cases; some states resist implementation.

Cont’d..,

•Inter-American Court of Human Rights (IACtHR)

•Role: The IACtHR enforces the American Convention on Human Rights and issues binding judgments on
human rights violations in the Americas.

•Human Rights Jurisdiction: It covers civil, political, economic, social, and cultural rights.

•Examples: Velásquez-Rodríguez v. Honduras (1988): Established state responsibility for enforced

disappearances.
•Atala Riffo and Daughters v. Chile (2012): Protected LGBTQ+ rights.
•Strengths: Progressive jurisprudence, focus on marginalized groups.

•Limitations: Limited enforcement power; reliance on state cooperation.

Cont’d..,

•African Court on Human and Peoples' Rights (AfCHPR)

•Role: The AfCHPR enforces the African Charter on Human and Peoples' Rights and hears cases
brought by states, the African Commission, or individuals (if the state has accepted the Court's
jurisdiction).

•Human Rights Jurisdiction: It covers civil, political, economic, social, and cultural rights, as well as
collective rights.

•Examples: African Commission on Human and Peoples' Rights v. Libya (2016): Addressed violations
during the Libyan civil war.

•Strengths: Emphasis on collective rights and development.

•Limitations: Limited awareness and resources; low number of states accepting individual complaints.
Cont’d…,

•. International Criminal Tribunals (Ad Hoc)

•Role: Ad hoc tribunals are established to address specific conflicts or atrocities.
•Examples:
•International Criminal Tribunal for the Former Yugoslavia (ICTY): Prosecuted crimes during the Yugoslav
Wars.
•International Criminal Tribunal for Rwanda (ICTR): Prosecuted genocide and war crimes during the Rwandan
genocide.

•Strengths: Focused on specific conflicts, contributed to the development of international criminal law.

•Limitations: Temporary nature; high costs and lengthy proceedings.

Cont’d..,
•Hybrid Courts
•Role: Hybrid courts combine international and domestic elements to address human rights
violations in specific countries.

•Examples:
•Special Court for Sierra Leone (SCSL): Prosecuted crimes during the Sierra Leone civil war.
•Extraordinary Chambers in the Courts of Cambodia (ECCC): Addressed Khmer Rouge
atrocities.

•Strengths: Combines local and international expertise, promotes domestic capacity-building.

•Limitations: Limited jurisdiction; political interference.

Cont’d..,

•International courts and tribunals are essential for enforcing human rights and ensuring accountability for
violations. While they face significant challenges, their contributions to justice, deterrence, and the development
of international law are invaluable. Strengthening these institutions requires increased political will, resources,
and cooperation from states and the international community.
 Human Rights and State Sovereignty
• The concept of sovereignty is a cornerstone of international relations, shaping the structure and functioning of
the global system. It refers to the principle that states have supreme authority over their territory, population,
and internal affairs, free from external interference. Sovereignty is central to the modern state system, but its
interpretation and application have evolved over time, especially in the context of globalization, human
rights, and international law.
• The concept emerged in the 16th and 17th centuries with the Peace of Westphalia (1648), which ended the
Thirty Years' War and established the principle of territorial integrity and non-interference in the affairs of
other states. Philosophers such as Jean Bodin and Thomas Hobbes contributed to the theoretical foundations
of sovereignty, emphasizing the state's absolute authority.

• Main Principles of Sovereignty

• Territorial Integrity: States have exclusive control over their territory and borders.
• Non-Interference: States are prohibited from intervening in the internal affairs of other states.
• Equality of States: All states, regardless of size or power, are equal under international law.
• Domestic Jurisdiction: States have the right to govern their internal affairs, including political, economic, and
social systems.
 Challenges to Sovereignty

• Globalization:
• Economic interdependence, transnational issues (e.g., climate change, pandemics), and global governance
institutions challenge traditional notions of sovereignty.
• States often cede some sovereignty to international organizations (e.g., WTO, EU) to achieve collective
goals.

• Human Rights:
• The rise of international human rights law has created tension between state sovereignty and the
responsibility to protect individuals. The principle of Responsibility to Protect (R2P) asserts that states
forfeit their sovereignty if they fail to protect their populations from mass atrocities.

• Humanitarian Intervention:
• Military interventions for humanitarian purposes (e.g., Kosovo, Libya) challenge the principle of non-
interference. Critics argue that such interventions can be abused for political purposes.
•
Cont’d…,

• Supranational Organizations:
• Organizations like the European Union (EU) require member states to transfer some sovereign powers to
supranational institutions.

• Non-State Actors:
• The influence of multinational corporations, NGOs, and terrorist groups undermines state control over
territory and populations.
 The Tension between Sovereignty and Human Rights

• The tension between sovereignty and human rights is one of the most complex and debated issues in
international relations and law. Sovereignty, which grants states supreme authority over their territory and
internal affairs, often clashes with the universal principles of human rights, which stipulates the protection of
individuals from abuses by their own governments or other actors. This tension arises from the competing
priorities of state autonomy and the global responsibility to protect human rights.

• The Core of the Tension

• Sovereignty: States have the right to govern themselves without external interference, as enshrined in the UN
Charter (Article 2). Human Rights: Human rights are universal and inalienable, meaning they apply to all
individuals regardless of nationality or state boundaries. The tension arises when states violate human rights
within their borders, and the international community faces the dilemma of whether to intervene.

• Historical Context
• Westphalian Sovereignty: The Peace of Westphalia (1648) established the principle of non-interference in
the internal affairs of states, prioritizing state sovereignty over individual rights.
•
Cont’d..,

• Post-World War II: The atrocities of the Holocaust and WWII led to the creation of the Universal Declaration
of Human Rights (1948) and the development of international human rights law, challenging the absolute
nature of sovereignty.

• Cold War Era: Sovereignty was often used as a shield by authoritarian regimes to suppress dissent and avoid
scrutiny.
Cont’d..,

• The Main Areas of Conflict

• Domestic Jurisdiction vs. International Oversight:
• States argue that human rights issues fall under domestic jurisdiction and are not subject to international
interference. International bodies, such as the UN Human Rights Council and treaty monitoring committees,
assert the right to monitor and address human rights violations.

• Humanitarian Intervention:
• Military or diplomatic interventions to stop human rights abuses (e.g., Kosovo, Libya) are often justified
under the principle of the Responsibility to Protect (R2P). Critics argue that such interventions violate
sovereignty and can be exploited for political purposes.

• International Criminal Justice:

• Courts like the International Criminal Court (ICC) prosecute individuals for genocide, war crimes, and crimes
against humanity, often against the wishes of the state involved. Some states view this as an infringement on
their sovereignty.
Cont’d…,

• Economic and Social Rights:

• States may resist international pressure to implement economic and social rights (e.g., healthcare, education) due to
resource constraints or ideological differences.

• 4. Legal Frameworks and Mechanisms

• UN Charter:
• Article 2(7) prohibits UN intervention in matters "essentially within the domestic jurisdiction of any state," but this
is not absolute and does not apply in cases of human rights violations that threaten international peace.

• International Human Rights Treaties:

• Treaties like the ICCPR, ICESCR, and CEDAW create binding obligations for states to protect human rights,
limiting their sovereignty.
•
Cont’d..,

• Responsibility to Protect (R2P):

• Adopted by the UN in 2005, R2P asserts that states have a responsibility to protect their populations from
mass atrocities. If they fail, the international community has a responsibility to intervene.

• International Courts and Tribunals:

• Bodies like the ICC and regional human rights courts (e.g., ECtHR, IACtHR) challenge state sovereignty by
holding states and individuals accountable for human rights violations.
 The Responsibility to Protect (R2P) doctrine and its application

• The Responsibility to Protect (R2P) is a global political commitment aimed at preventing mass atrocities such
as genocide, war crimes, ethnic cleansing, and crimes against humanity. Adopted by the United Nations in 2005,
R2P represents a significant shift in international relations by redefining sovereignty as a responsibility rather
than an absolute right. Below is an in-depth look at the R2P doctrine, its principles, and its application in
practice. The UN Security Council has used the responsibility to protect in countries such as Libya, Syria, the
Democratic Republic of Congo, Mali, South Sudan, Yemen, and Darfur.

• Origins and Development

• Historical Context: R2P emerged in response to the failures of the international community to prevent atrocities
in Rwanda (1994) and Srebrenica (1995).

• ICISS Report (2001): The International Commission on Intervention and State Sovereignty (ICISS) introduced
the concept of R2P, emphasizing that sovereignty entails a responsibility to protect populations.

• UN World Summit (2005): R2P was formally endorsed by all UN member states, and its principles were
outlined in paragraphs 138–139 of the World Summit Outcome Document.

• UN Secretary-General's Reports: Subsequent reports, such as the 2009 report "Implementing the Responsibility
to Protect," clarified the scope and implementation of R2P.
•
 Core Principles of R2P

• R2P is based on three pillars:

• Pillar 1: State Responsibility:

• The primary responsibility to protect populations lies with the state itself.

• States must respect human rights, prevent atrocities, and ensure the safety of their citizens.

• Pillar 2: International Assistance and Capacity Building:

• The international community has a responsibility to assist states in fulfilling their R2P obligations.

• This includes providing technical, financial, and logistical support to strengthen state capacity.
Cont’d…,

• Timely and Decisive Response:

• If a state fails to protect its population, the international community must take collective action,
including diplomatic, humanitarian, and, as a last resort, military measures.

• Such actions must be authorized by the UN Security Council and comply with international law.
 Legal and Normative Basis

• UN Charter: R2P is grounded in Chapter VI (peaceful dispute resolution) and Chapter VII
(enforcement actions) of the UN Charter.

• International Law: R2P aligns with international human rights law, international humanitarian law,
and the Genocide Convention.

• Normative Shift: R2P redefines sovereignty as conditional on the state's ability and willingness to
protect its population.
 Application of R2P in Practice

• R2P has been invoked in several cases, with varying degrees of success and controversy:

• 1. Libya (2011)
• Context: During the Arab Spring, Libyan leader Muammar Gaddafi's regime threatened to
massacre civilians in Benghazi.

• Action: The UN Security Council authorized military intervention under Resolution 1973,
citing R2P.

• Outcome: Gaddafi's regime was overthrown, but the aftermath led to political instability and
civil war.

• Controversy: Critics argued that NATO exceeded its mandate by pursuing regime change
rather than solely protecting civilians.
Cont’d…,

• 2. Kenya (2007–2008)
• Context: Post-election violence in Kenya resulted in widespread killings and displacement.

• Action: Diplomatic efforts led by the African Union and the UN helped mediate a peaceful
resolution.

• Outcome: R2P was successfully applied through non-military means, preventing further
escalation.
Cont’d…,

• 3. Syria (2011–Present)
• Context: The Syrian civil war has involved widespread atrocities, including chemical weapon
attacks and mass displacement.

• Action: The UN Security Council has been unable to agree on decisive action due to geopolitical
divisions, particularly between Russia and the West.

• Outcome: The failure to implement R2P in Syria has highlighted the limitations of the doctrine in
the face of great power politics.
Cont’d…,

• 4. Myanmar (Rohingya Crisis, 2017)

• Context: The Myanmar military's campaign against the Rohingya minority involved ethnic
cleansing and crimes against humanity.

• Action: The international community condemned the atrocities but failed to take decisive action
due to resistance from Myanmar and its allies.

• Outcome: The crisis underscored the challenges of applying R2P when states reject international
intervention.
 Challenges and Criticisms

• Selective Application:
• R2P has been applied inconsistently, with powerful states often avoiding intervention in cases involving their
allies.

• Geopolitical Constraints:
• Veto power in the UN Security Council (e.g., Russia and China) has blocked action in cases like Syria.

• Risk of Abuse:
• Critics argue that R2P can be used as a pretext for regime change or military intervention, as seen in Libya.

• Lack of Consensus:
• There is no universal agreement on when and how R2P should be implemented, leading to debates over its
legitimacy.

• Implementation Challenges:
• Military interventions can have unintended consequences, such as prolonged conflict or state collapse.
 Humanitarian intervention

• Humanitarian intervention refers to the use of military force by one or more states to protect
individuals in another state from gross human rights violations, such as genocide, war crimes,
ethnic cleansing, or crimes against humanity. While the concept is rooted in moral imperatives, it
raises significant legal and ethical debates.

• Legal Debate:
• UN Charter: The UN Charter prohibits the use of force except in self-defense or with Security
Council authorization (Article 2(4) and Chapter VII).

• Sovereignty: Humanitarian intervention often conflicts with the principle of state sovereignty,
which grants states exclusive control over their internal affairs.

• Legality: Without Security Council authorization, humanitarian intervention is generally

considered illegal under international law. However, some argue that it can be justified under
customary international law or as a moral imperative.
Cont’d

• Security Council Authorization: The Security Council has the authority to authorize military
intervention under Chapter VII if it determines a threat to international peace and security.

• Veto Power: The veto power of permanent members (China, Russia, the US, UK, and France)
often blocks action, as seen in cases like Syria.

• Unilateral vs. Collective Action: Unilateral interventions (e.g., NATO in Kosovo) are
controversial, while collective action under UN auspices is seen as more legitimate.
Cont’d…,

• Just War Theory

• Humanitarian intervention is often evaluated through the lens of Just War Theory, which outlines
criteria for the ethical use of force:

• Just Cause: Intervention must aim to prevent or halt severe human rights violations.

• Right Intention: The primary motive must be humanitarian, not geopolitical or economic gain.

• Last Resort: All non-military options must be exhausted.

• Proportionality: The scale of intervention must be proportional to the harm being addressed.

• Reasonable Prospect of Success: Intervention must have a realistic chance of achieving its goals.
 Arguments in favour of Humanitarian Intervention

• Human Security: In the 1990s, the human security approach called for the reconceptualization of security to
focus not only on the security of states, but also on the security of individuals and communities. This
perspective expanded the range of things that constituted security threat to include the lived experience of
humans, poverty, human rights abuses, gender violence, civil war, and climate change which were much more
significant threats than inter-state war.

• The Legal Argument: The UN Charter (1945) commits states to protecting fundamental human rights; and
second, there is a right of humanitarian intervention in customary international law. For examples, the
Charter’s preamble and Articles 1(3), 55, and 56 all highlight the importance of human rights. Indeed, Article
1(3) identifies the protection of human rights as one of the principal purposes of the UN system.

• The Moral Case: Many writers argue that, irrespective of what the law says, there is a moral duty to intervene
to protect civilians from genocide and mass killing. They contend that sovereignty derives from a state’s
responsibility to protect its citizens; therefore, when a state fails in this duty, it should lose its sovereign rights
(Tesón 2003). Thus, the moral obligation to protect innocent lives often outweighs concerns about sovereignty.
 Arguments against Humanitarian Intervention
• No Legal Basis: Restrictionist international lawyers insist that the common good is best preserved by
maintaining a ban on any use of force not authorized by the UNSC. They argue that aside from the
right of individual and collective self-defence enshrined in Article 51 of the UN Charter, there are no
exceptions to Article 2(4). They also point to the fact that when states have acted unilaterally, they
have chosen not to articulate a general legal right of humanitarian intervention.

• States do not intervene for primarily humanitarian reasons: States almost always have mixed
motives for intervention and are rarely willing to sacrifice their own soldiers overseas unless they have
self-interested reasons for doing so. For realists, this means that genuine humanitarian intervention is
imprudent because it does not serve the national interest.

• States should not risk the lives of their soldiers to save strangers: Realists not only argue that states
do not intervene for humanitarian purposes; their statist paradigm also declares that states should not
behave in this way. Political leaders do not have the moral right to shed the blood of their own citizens
on behalf of suffering foreigners. If a civil authority has broken down or is behaving in an appalling
way towards its citizens, this is the responsibility of that state’s citizens, and crucially of its political
leaders.
Cont’d..,

• The problem of abuse: In the absence of an impartial mechanism for deciding when humanitarian
intervention is permissible, states might espouse humanitarian motives as a pretext to cover the
pursuit of national self-interest (Franck and Rodley 1973).

• Selectivity of response: Selectivity of response is the problem of failing to treat like cases alike.
States always apply principles of humanitarian intervention selectively, resulting in an
inconsistency in policy. Because state behaviour is governed by what governments judge to be in
their interest, they are selective about when they choose to intervene (Menon 2016).

• Disagreement about moral principles: Pluralist international society theory identifies an

additional objection to humanitarian intervention: the problem of how to reach a consensus on
what moral principles should underpin it. Pluralism is sensitive to human rights concerns but
argues that humanitarian intervention should not be permitted in the face of disagreement about
what constitutes extreme human rights violations.
Cont’d..,

• Unintended Consequences: Military interventions can lead to civilian casualties, prolonged

conflict, and state collapse, raising ethical questions about their effectiveness.

• Neocolonialism: Some view humanitarian intervention as a form of Western imperialism,

undermining the sovereignty of weaker states.
 Refugees

• Refugees are individuals who have fled their homes due to fear of persecution, violence, or war. The
global refugee crisis has been worsened by conflicts, climate change, and human rights abuses.
• According to the 1951 Refugee Convention and its 1967 Protocol, a refugee is defined as:
• "A person who owing to a well-founded fear of being persecuted for reasons of race, religion,
nationality, membership of a particular social group or political opinion, is outside the country of his
nationality and is unable or, owing to such fear, is unwilling to avail himself of the protection of that
country.”
• The above definition contains the following elements:
a) Well-founded fear: The fear of persecution must be reasonable and based on a genuine risk.
b) Persecution: The persecution can take many forms, including violence, threats, or serious harm.
c) Reasons for persecution: The persecution must be based on one of the specified grounds, including
race, religion, nationality, membership of a particular social group, or political opinion.
d) Outside country of nationality: The person must be outside their country of nationality to be
considered a refugee.
• This definition is widely accepted and forms the basis for international refugee law and protection.
Images of Refugees
Images cont’d
 Causes of Refugee
• The causes of refugees can be categorized into push and pull factors. The former are factors that drive
individuals to leave their homes, such as conflict, persecution, and poverty and the latter are factors
that attract individuals to new locations, such as safety, economic opportunities, and social networks.
• Push Factors
• Push factors are conditions or events that drive individuals to leave their homes and seek refuge
elsewhere. Common push factors include:
• 1. Violence and Conflict: Armed conflicts, civil wars, and communal violence can force people to flee.
• 2. Persecution: Persecution based on nationality, ethnicity, religion, or other characteristics can lead to
displacement.
• 3. Human Rights Abuses: Gross human rights abuses, including torture, arbitrary detention, and forced
labour, can drive people to seek refuge.
• 4. Environmental Disasters: Natural disasters, climate change, and environmental degradation can force
people to leave their homes.
• 5. Economic Hardship: Poverty, unemployment, and economic instability can push people to seek
better opportunities elsewhere.
Cont’d…,

• Pull Factors
• Pull factors are conditions or attractions that draw individuals to a new location. Common
pull factors include:

• 1. Safety and Security: The promise of safety, security, and protection can attract refugees to a
new location.
• 2. Economic Opportunities: Better job prospects, higher wages, and economic stability can
pull people to a new location.
• 3. Social Networks: Family ties, social connections, and community networks can attract
refugees to a new location.
• 4. Cultural and Linguistic Ties: Shared culture, language, and customs can make a new
location more attractive to refugees.
• 5. Humanitarian Assistance: The availability of humanitarian aid, including food, shelter, and
medical care, can pull refugees to a new location.
Cont’d…,

• It is important to note that the decision to migrate or seek refuge is often influenced by a
combination of push and pull factors. Understanding these factors is vital for developing effective
policies and responses to address displacement and promote durable solutions.
•
 Addressing Refugee Problems
.
• 1. Conflict Resolution: Addressing the root causes of displacement, such as conflict and
persecution, is crucial for reducing refugee flows.
• 2. Humanitarian Assistance: Providing timely and effective humanitarian aid, including food,
shelter, and medical care, is essential for supporting refugees.
• 3. Protection and Safety: Ensuring the protection and safety of refugees, including access to
asylum and protection from violence, is critical.
• 4. Voluntary Repatriation: Facilitating voluntary repatriation to countries of origin, when safe and
feasible, can be a durable solution.
• 5 Local Integration: Supporting local integration in host countries, including access to education,
employment, and healthcare, can provide a durable solution.
• 6. Resettlement: Resettling refugees in third countries can provide a durable solution for those who
cannot return home or integrate locally.
Cont’d…,

• 7. Global Governance: Strengthening global governance and international cooperation on refugee

issues is essential for addressing the refugee crisis.
• 8. Burden-Sharing: Encouraging burden-sharing among countries, including responsibility-sharing
and resource mobilization, can help address refugee crises.
• 9. Capacity Building: Building the capacity of host countries and humanitarian organizations to
respond to refugee crises is critical.
• 10. Promoting Human Rights: Promoting human rights, including the rights of refugees and
asylum seekers, is essential for addressing refugee problems.
• 11. Climate Change Mitigation: Addressing climate change and its impacts can help reduce
displacement and refugee flows.
 International Migration
• International migration refers to the movement of people across national borders, often in search
of better economic opportunities, safety, or a higher standard of living, family reunification)or
involuntarily (due to conflict, persecution, or environmental disasters). It is a complex and
multifaceted phenomenon that has shaped societies, economies, and cultures throughout history.

• Types:
• Migration can be categorized based on motivation, legality, and duration:

• A. Voluntary vs. Forced Migration

• Voluntary Migration: Movement by choice (e.g., labour migrants, students).

• Forced Migration: Displacement due to conflict, persecution, or disasters (refugees, asylum

seekers).
Cont’d…,

• B. Legal vs. Irregular Migration

• Legal Migration: Entry with proper documentation (work visas, family reunification).

• Irregular/Undocumented Migration: Crossing borders without authorization, often

due to restrictive policies.

• C. Temporary vs. Permanent Migration

• Temporary: Seasonal workers, students, expatriates.

• Permanent: Settlers obtaining citizenship (e.g., skilled migrants in Canada, Australia).

 Legal Status of Migrants

• 1. Universal Declaration of Human Rights (1948): Article 14(1) recognizes the right to seek and
enjoy asylum in other countries.

• 2. International Covenant on Civil and Political Rights (1966): Article 13 protects the rights of
aliens (non-citizens) in relation to expulsion.

• 3. International Convention on the Protection of the Rights of All Migrant Workers and Members
of Their Families (1990): This convention sets out specific rights for migrant workers and their
families.

• 4. Global Compact for Safe, Orderly and Regular Migration (2018): This non-binding agreement
aims to improve international cooperation on migration.
 Rights and Protections of Migrants

• Right to Life and Liberty: Migrants have the right to life, liberty, and security of person.

• 2. Protection from Torture and Cruel Treatment: Migrants are protected from torture, cruel,
inhuman, or degrading treatment.

• 3. Right to Fair Treatment: Migrants have the right to fair treatment, including access to justice and
due process.

• 4. Right to Family Unity: Migrants have the right to family unity and to maintain family
relationships.

• 5. Labor Rights: Migrant workers have the right to equal treatment and protection under labor laws.
 Causes of Migration

• Migration is driven by a combination of push factors (conditions that compel people to leave their
home country) and pull factors (attractions of the destination country).

• A. Economic Factors
• Push: Poverty, unemployment, low wages, lack of economic opportunities.
• Pull: Higher wages, better job prospects, demand for labor in sectors like construction, healthcare,
and agriculture.

• B. Political Factors
• Push: War, persecution, human rights violations, political instability.
• Pull: Political stability, democratic governance, asylum protections.
•
Cont’d…,

• C. Social and Demographic Factors

• Push: Overpopulation, lack of education, gender discrimination.
• Pull: Better education systems, family reunification, gender equality.
•
• D. Environmental Factors
• Push: Natural disasters (hurricanes, droughts), climate change, land degradation.
• Pull: Countries with better environmental resilience and disaster management.

• E. Network Effects
• Existing migrant communities in host countries reduce the risks and costs of migration,
encouraging further movement.
 Challenges

• 1. Implementation and Enforcement: The implementation and enforcement of migrant rights can
be inconsistent.

• 2. Lack of Ratification: Some countries have not ratified key treaties, limiting their applicability.

• 3. Gaps in Protection: There may be gaps in protection for certain categories of migrants, such as
those in irregular situations.

• 4. Integration and Adaptation: Migrants may face difficulties integrating into a new culture,
language, and society.

• 5. Discrimination and Xenophobia: Migrants may experience discrimination, xenophobia, and

racism.
Cont’d..,

• 6. Social Isolation: Migrants may feel isolated from their families, friends, and communities.

• 7. Employment and Job Security: Migrants may face challenges finding employment, job insecurity, and
exploitation.

• 8. Access to Services: Migrants may have limited access to healthcare, education, and other essential
services.

• 9. Financial Constraints: Migrants may face financial difficulties, including debt and limited financial
resources.

• 10. Complex Immigration Laws: Migrants may face complex and changing immigration laws.

• 11. Documentation and Paperwork: Migrants may struggle with obtaining necessary documentation and
paperwork.
Cont’d…,

• 12. Detention and Deportation: Migrants may face detention and deportation if they are
undocumented or have irregular status.

• 13. Access to Healthcare: Migrants may have limited access to healthcare services.

• 14. Mental Health: Migrants may experience mental health issues, including stress, anxiety, and
trauma.

• 15. Physical Health: Migrants may be at risk of physical health problems, including infectious
diseases.
 Rights of Asylum Seekers and Stateless Persons

• An asylum seeker is a person who has fled persecution in their home country and is seeking safe
haven in a different country, but has not yet received any legal recognition or status.
• Rights of Asylum Seekers
• 1. Right to Seek Asylum: The right to seek asylum is enshrined in international law, including the
Universal Declaration of Human Rights.

• 2. Protection from Refoulement: Asylum seekers have the right to protection from refoulement,
which means they cannot be returned to a country where they would face persecution or harm.

• 3. Access to Fair Procedures: Asylum seekers have the right to access fair and efficient procedures
for determining their refugee status.

• 4. Basic Rights and Services: Asylum seekers have the right to basic rights and services, including
food, shelter, healthcare, and education.
Cont’d…,

• Definition of Stateless Person

• According to Article - 01 of the 1954 Convention Relating to the Status of Stateless Persons, a
stateless person is someone “ who is not considered as a national by any State under the operation
of its law” (Convention Relating to the Status of Stateless Persons, 1954). Simply put, a
‘statelessness’ is a situation, where a person does not possess the nationality or citizenship of any
nation or state of the world. Some people are born in such situations, while others become victims
of such situations due to action or inaction occurred subsequently.
• Statelessness is a form of human rights’ violation, a violation of the right to nationality, the notion
of equality and non-discrimination. A stateless person is stripped of the basic rights that every
national enjoys. A stateless person is barred from crossing an international border, thus, such
persons do not have the right to travel abroad, to establish a legal residence, access to basic health
services, legal work or the right to own or purchase property, while they are also excluded from
voting. Stateless persons are unable to prove their identity since they do not have any documents
issued by the authorities.
Cont’d…,
• Causes of Statelessness
• There are several reasons for statelessness among which are:
• Discrimination against Particular Groups: This may arise because of discrimination against specific groups
where the state denies granting nationality or withdraws citizenship for reasons of race, national descent,
religion or ethnicity of those particular groups, or due to other xenophobic considerations. The situation of
the Rohingya minority in Myanmar is a contemporary example of discrimination against a specific group,
giving rise to the statelessness of those affected.
• State Succession: State succession is a replacement of one state by another in the responsibility for
international relations of the territory to which succession relates. According to Article 5 of the Council of
Europe Convention on the Avoidance of Statelessness in relation to State Succession, a successor state shall
grant its nationality to persons who, at the time of the state succession, had the nationality of the predecessor
state, and who have or would become stateless as a result of the state succession if at that time they were
habitually resident in the territory which has become territory of the successor state, or they were not
habitually resident in any state concerned but had an appropriate connection with the successor state.
• Notwithstanding the aforementioned Article of the Convention on the Avoidance of Statelessness in relation
to State Succession, state succession may lead to increased migration and statelessness in case people living
in the same territory find themselves to be under a different jurisdiction, often a consequence of armed
conflicts or other legal measures introduced.
Cont’d…,
• The collapsed of Soviet Union’s gave rise to statelessness by state succession. The break-up of the
Soviet Union had left a great number of people in precarious situations as regards their citizenship,
as a minority group in a newly formed country and political context where their legal status had not
been clarified. In the Central Asian region, the break-up of the Soviet Union is the main cause of
statelessness, notwithstanding the fact that the persons concerned otherwise have links of birth,
habitual residence or descent with the given state.
• State Restoration: State restoration also yields the threat of creating a large stateless population as a
consequence of a new, sometimes unclear political context. The Baltic countries serve as examples
of state restoration following the break-up of the Soviet Union with Estonia, Latvia and Lithuania
regaining their sovereignty in 1991. In the period of Soviet occupation large numbers of ethnic
Russians moved to the Baltic States and when these countries regained their sovereignty, ethnic
Russians were left without nationality. Estonia, which is not a signatory state of either the 1954
Convention relating to the Status of Stateless Persons or the 1961 Convention on the Reduction of
Statelessness, had re-established its independence in 1991 after the collapse of the Soviet Union
where Estonia was faced with the challenge of dealing with the legal status of thousands of ethnic
Russians. In 1991 the new Estonian citizenship law entered into force, which, in continuity with the
1940 citizenship law, granted citizenship only to those persons and their descendants who had
possessed Estonian citizenship between 1918 and 1940 in the period of the first Estonian Republic.
Cont’d…,
• Legal Gaps in Citizenship Laws: Conflict of nationality laws may be the reason for statelessness
even if both or more states’ nationality laws contain safeguards to avoid statelessness, but legal
gaps arise in the parallel implementation of these laws.20 This is simply because the given states’
na tionality laws are incompatible. For example, a child born to parents who are nationals of a
state that grants nationality on the basis of jus soli, on the territory of a state that grants nationality
on the basis on jus sanguinis, cannot acquire any nationality at birth.
Cont’d..,
• Rights of Stateless Persons
• 1. Right to a Nationality: Stateless persons have the right to a nationality and to enjoy the rights and protections that
come with citizenship.

• 2. Protection from Arbitrary Detention: Stateless persons have the right to protection from arbitrary detention and to
challenge their detention.

• 3. Access to Basic Rights and Services: Stateless persons have the right to access basic rights and services, including
education, healthcare, and employment.

• 4. Right to Family Unity: Stateless persons have the right to family unity and to maintain family relationships.
 Challenges and Solutions

• 1. Lack of Legal Status: Many asylum seekers and stateless persons face challenges in obtaining
legal status, which can lead to vulnerability and exclusion.
• 2. Limited Access to Rights and Services: Asylum seekers and stateless persons may face barriers
in accessing basic rights and services, including healthcare and education.
• Solution
• . Advocacy and Awareness: Advocacy and awareness-raising efforts can help promote the rights
and dignity of asylum seekers and stateless persons.
• Ensuring the rights and dignity of asylum seekers and stateless persons is essential for promoting
their well-being and protecting their human rights.
• Question
• Compare and contrast refugees, asylum seekers and stateless persons
 Gender Equality Rights

Human rights and gender equality are deeply connected. Equality is a fundamental human right and a key
to achieving other essential rights. True gender equality exists when individuals have the same rights,
responsibilities, and opportunities, regardless of their sex at birth. According to Universal Declaration of
Human Rights, Article 1: “All human beings are born free and equal in dignity and in rights.” Similarly,
Sustainable Development Goal No. 5: states that “Achieve gender equality and empower all women and
girls.”
• Thus, gender equality rights refer to the equal rights, opportunities, and treatment of individuals
regardless of their gender. This includes the right to:
• Equal Pay: Equal pay for equal work.
• Billie Jean King Venus Williams
Cont’d…,

• Equal Access to Education: Equal access to education and training opportunities.

• Reproductive Rights: Access to reproductive healthcare and rights, including family planning and maternal
healthcare.
• Freedom from Discrimination: Freedom from discrimination based on gender, including sexual harassment and
violence.
• Participation in Decision-Making: Equal participation in decision-making processes, including politics, business,
and community leadership.
• Equal Employment Opportunities: Equal opportunities for employment, promotion, and career
advancement.
 Importance

• Improved Health: Gender equality can improve health outcomes, particularly for women and girls.

• Promoting Social Justice: Gender equality promotes social justice and human rights.

• Reducing Poverty: Gender equality can help reduce poverty and improve living standards.

• Economic Empowerment: Gender equality can lead to economic empowerment and growth.
 Challenges and Solutions

• Lack of Representation: Women and girls are often underrepresented in decision-making positions.
• Stereotypes and Bias: Gender stereotypes and bias can limit opportunities and perpetuate inequality.
• Discrimination and Violence: Discrimination and violence against women and girls remain significant challenges

• Solutions:
• Legislative Reforms: Implementing legislative reforms to promote gender equality.
• Education and Awareness: Educating individuals and communities about gender equality and promoting
awareness.
Empowerment Programs: Implementing programs to empower women and girls, including education,
training, and economic empowerment initiatives.

• Promoting gender equality is essential for achieving social justice, economic empowerment, and human
rights.
•
 Climate Change and Environmental Rights

• Climate Change: It refers to the long-term warming of the planet due to an increase in
average global temperatures.

• Causes: Primarily caused by human activities, such as burning fossil fuels, deforestation,
and land-use changes.
• Burning Fossil Fuels: The burning of coal, oil, and natural gas for energy releases large
amounts of carbon dioxide (CO2) into the atmosphere.
• Deforestation: The clearing of forests for agriculture, urbanization, and other purposes
releases carbon dioxide and reduces the ability of forests to act as carbon sinks.
• Land Use Changes: Changes in land use, such as the conversion of natural habitats to
agricultural land or urban areas, can lead to the release of stored carbon and reduce the
ability of ecosystems to sequester carbon.

• Industrial Processes: Certain industrial processes, such as cement production and the
manufacturing of steel and aluminum, release large amounts of greenhouse gases.
Cont’d..,

• Natural Causes:
• Volcanic Eruptions: Volcanic eruptions can release large amounts of sulfur dioxide and ash into the
atmosphere, which can reflect sunlight and cool the planet.

• Changes in Earth's Orbit: Changes in Earth's orbit around the sun can affect the amount of solar
energy the planet receives, leading to changes in temperature.

• Solar Variability: Changes in the sun's energy output can also impact Earth's climate.
 Impacts of Climate Change

• Rising Temperatures: 2023 was the hottest year on record; Arctic warming 3x faster than global
average.
• Extreme Weather Events: More intense hurricanes (e.g., Hurricane Ian), wildfires (Canada
2023), floods (Pakistan 2022).
• Sea-Level Rise: Rising sea levels, more frequent natural disasters, and altered ecosystems. For
example, coastal cities such as Miami, Jakarta, Dhaka and island nations such as Maldives
Tuvalu have been threaten by rising sea levels.
• Biodiversity Loss: One million species at risk (IPBES 2019); coral bleaching (Great Barrier
Reef).
• Food & Water Insecurity: Droughts in Africa (Sahel), disrupted agriculture (India’s heatwaves).
• Unequal Burdens: The US, EU, and China account for ~50% of historical emissions. Yet,
Africa contributes <4% of emissions but suffers severe droughts and famines.
• Vulnerable Groups: Indigenous peoples, women, and low-income communities face
disproportionate harm.
 Environmental Rights

• Meaning: Environmental rights refer to the right to a healthy and sustainable environment.

• Importance:
• Conservation: Environmental rights promote the conservation of natural resources, such as water,
air, and land.
• Sustainable Use: Environmental rights ensure the sustainable use of natural resources, preventing
over-exploitation.
• Clean Environment: Environmental rights guarantee the right to a clean and healthy environment,
essential for human health and well-being.
• Prevention of Pollution: Environmental rights help prevent pollution, protecting individuals from
environmental hazards.
Cont’d..,

• Equal Access: Environmental rights promote equal access to environmental resources and benefits.
• Protection from Environmental Harm: Environmental rights protect vulnerable populations from
environmental harm and injustice.
• Balanced Development: Environmental rights promote balanced development, considering both
economic and environmental needs.
• Intergenerational Justice: Environmental rights ensure that future generations inherit a healthy and
sustainable environment.
• Fundamental Rights: Environmental rights are essential for human dignity and well-being.
• Quality of Life: Environmental rights contribute to a better quality of life, enabling individuals to
live in a healthy and sustainable environment.
• Government Accountability: Environmental rights promote government accountability and
transparency in environmental decision-making.
• Public Participation: Environmental rights ensure public participation in environmental decision-
making, fostering informed decision-making.
 Legal Basis of Environmental Rights
• Environmental Rights as Human Rights:
• Stockholm Declaration (1972): First recognition of the right to a healthy environment.
• Rio Declaration (1992): Principle 10 emphasizes public participation in environmental decisions.
• Paris Agreement (2015): Recognizes climate action as a human rights obligation (Preamble).
 Terrorism, Counter-terrorism, and Human
rights

• There is no established definition of terrorism under international law. Instead, there is a great deal of
debate over which actions are terrorist and which are acts of legitimate resistance against oppressive
governments. Regardless of the failure to agree on a broader definition, there is an overwhelming
consensus that terrorism involves the use of threat of violence against civilians for a political purpose.

• Counter-terrorism refers to the strategies, tactics, and measures used to prevent, detect, and respond to
terrorist threats and attacks. Its primary goal is to protect people, infrastructure, and institutions from
terrorist acts.

• Both terrorism and counter-terrorism are human rights issues. Terrorism is a human rights issue because it
involves deliberate attacks on civilians causing death and serious injury – and so engages the right to life
and the right to physical integrity. Counter-terrorism is a human rights issue because the way that the state
responds to the threat of terrorism may involve exceptional measures that depart from long-established
legal principles, including fundamental rights.
Impacts of Terrorism and Counter-terrorism on human rights

• Terrorism directly undermines human rights by the following:

• Right to Life & Security: Terrorist attacks cause deaths, injuries, and psychological trauma.
• Freedom from Fear: Societies living under threat experience sustained anxiety and insecurity. Put
differently. terrorism creates fear, intimidating civilians and undermining their sense of security.

• Displacement and Migration: Terrorism can lead to displacement, migration, and refugee crises.

• Economic & Social Rights: Attacks disrupt education, healthcare, and livelihoods.

• Civil Liberties: Fear of terrorism can lead to self-censorship and restrictions on free movement.
Cont’d…,

• Impact of Counter-Terrorism on Human Rights:

• It is the duty of states to protect citizens from terrorism, excessive or abusive measures can erode
rights:
Positive Impacts:
• Protection of Civilians: Effective counter-terrorism saves lives and upholds the right to security.

• Rule of Law: Legal prosecutions of terrorists can reinforce justice and accountability.
Cont’d…,
• Negative Impacts:
• Arbitrary Detention & Torture: Some states detain suspects indefinitely (e.g., Guantanamo
Bay) or use torture (e.g., "enhanced interrogation"). Put differently, counter-terrorism efforts
may involve arbitrary detention, torture, and ill-treatment.
• Extrajudicial Killings: Drone strikes and targeted killings raise concerns over due process.

• Mass Surveillance: Overbroad spying (e.g., NSA leaks) infringes on privacy rights.

• Discrimination & Racial Profiling: Minority groups (e.g. immigrants) often face unjust
targeting.

• Restrictions on Free Speech & Assembly: Laws criminalizing "glorification of terrorism" may
suppress dissent. In other words, counter-terrorism measures may restrict civil liberties, such
as freedom of speech, assembly, and privacy.

• Militarization & Excessive Force: Crackdowns lead to civilian casualties.