What Is International Human Rights Law Pdf
The Universal Declaration of Human Rights (UDHR) is an important milestone in the history of human rights. The Declaration, drafted by representatives of different legal and cultural circles from all regions of the world, was proclaimed on 10 December 1948 by the United Nations General Assembly in Paris (General Assembly resolution 217 A) as a common standard of achievements for all peoples and nations. It stipulates for the first time that fundamental human rights must be universally protected, and it has been translated into more than 500 languages. It is generally accepted that the UDHR inspired and paved the way for the adoption of more than seventy human rights treaties, which are now permanently applied at the global and regional levels (all of which contain references to these in their preambles). The end of the Second World War marked a change in the international community`s position on human rights. Since the adoption of the Universal Declaration of Human Rights by the United Nations General Assembly in 1948, many other instruments of international human rights law with appropriate implementing mechanisms have been developed. This essay aims to focus on the argument that, despite the high human cost of their failure, these enforcement mechanisms are fit for purpose and that the most powerful enforcement mechanism is simply the fact that human rights are codified in international law. This argument is based mainly on respect for the legal force of human rights instruments over international actors, in particular nation-states. I will then briefly examine some of the enforcement mechanisms based on the Charter of the United Nations in the light of this argument. There are two types of these instruments: declarations and conventions.
The declarations are not legally binding, but they have political implications. Conventions are binding under international law. Declarations and conventions can become customary international law over time, making them universally legally binding. This argument is supported by June 2009 figures, which show that after a review of 70 states, there was a “100% cooperation rate” (Weissbrodt 2011: 23). The immediate measures taken by Uruguay, for example (Brett 2009: 10), show the appeal of the “culture” of the defence of human rights among States. This contrasts with the International Covenant on Civil and Political Rights, for example, where states submitted their reports on its implementation more than a decade too late (Brett 2009:10). One of the reasons for this could be the lack of universality – the IDP applies to many states, but the UPR applies to all UN member states. In 2006, the High Commissioner for Human Rights, Louise Arbour, expressed concern about United Nations human rights mechanisms, including: “the ad hoc manner in which the treaty body has developed”, “the low level of public awareness” and “the lack of effective and comprehensive follow-up mechanisms to recommendations” (O`Flaherty 2011:70). These should be examined in order.
Second, the perceived low level of public awareness does not correspond to the internalization element of the legal process. However, the lack of public awareness of international human rights law does not mean that there is no public awareness of national human rights standards, which are likely to be very similar after gutting the norms from the above-mentioned international arena. A true internalization of norms and laws means that one is not “aware” of the reasons for their normative values in the legal sense, but that they are inherent in the belief system of this society. Therefore, a low level of public “awareness” is not synonymous with public apathy. “The enforcement mechanisms in place to protect international human rights law are simply not fit for purpose.” Discuss. An additional distinction must be made between human rights protection mechanisms: the global mechanism and the regional mechanism. There are also individual national laws within States which this essay aims to argue are the result of a vertical conformity design of the internalization of international human rights standards derived from international and regional declarations and covenants. .