International human rights instruments
Encyclopedia
International human rights instruments are treaties and other international documents relevant to international human rights law
and the protection of human rights
in general. They can be classified into two categories: declarations, adopted by bodies such as the United Nations General Assembly
, which are not legally binding although they may be politically so; and conventions, which are legally binding instruments concluded under international law
. International treaties and even declarations can, over time, obtain the status of customary international law
.
International human rights
instruments can be divided further into global instruments, to which any state in the world can be a party, and regional instruments, which are restricted to states in a particular region of the world.
Most conventions establish mechanisms to oversee their implementation. In some cases these mechanisms have relatively little power, and are often ignored by member states; in other cases these mechanisms have great political and legal authority, and their decisions are almost always implemented.
Examples of the first case include the UN treaty committees, while the best exemplar of the second case is the European Court of Human Rights
.
Mechanisms also vary as to the degree of individual access to them. Under some conventions – e.g. the European Convention on Human Rights
– individuals or states are permitted, subject to certain conditions, to take individual cases to the enforcement mechanisms; under most, however (e.g. the UN conventions), individual access is contingent on the acceptance of that right by the relevant state party, either by a declaration at the time of ratification or accession, or through ratification of or accession to an optional protocol to the convention. This is part of the evolution of international law over the last several decades. It has moved from a body of laws governing states to recognizing the importance of individuals and their rights within the international legal framework.
The Universal Declaration of Human Rights
, the International Covenant on Civil and Political Rights
, and the International Covenant on Economic, Social and Cultural Rights
are sometimes referred to as the international bill of rights.
International human rights law
International human rights law refers to the body of international law designed to promote and protect human rights at the international, regional and domestic levels...
and the protection of human rights
Human rights
Human rights are "commonly understood as inalienable fundamental rights to which a person is inherently entitled simply because she or he is a human being." Human rights are thus conceived as universal and egalitarian . These rights may exist as natural rights or as legal rights, in both national...
in general. They can be classified into two categories: declarations, adopted by bodies such as the United Nations General Assembly
United Nations General Assembly
For two articles dealing with membership in the General Assembly, see:* General Assembly members* General Assembly observersThe United Nations General Assembly is one of the five principal organs of the United Nations and the only one in which all member nations have equal representation...
, which are not legally binding although they may be politically so; and conventions, which are legally binding instruments concluded under international law
International law
Public international law concerns the structure and conduct of sovereign states; analogous entities, such as the Holy See; and intergovernmental organizations. To a lesser degree, international law also may affect multinational corporations and individuals, an impact increasingly evolving beyond...
. International treaties and even declarations can, over time, obtain the status of customary international law
Customary international law
Customary international law are those aspects of international law that derive from custom. Along with general principles of law and treaties, custom is considered by the International Court of Justice, jurists, the United Nations, and its member states to be among the primary sources of...
.
International human rights
Human rights
Human rights are "commonly understood as inalienable fundamental rights to which a person is inherently entitled simply because she or he is a human being." Human rights are thus conceived as universal and egalitarian . These rights may exist as natural rights or as legal rights, in both national...
instruments can be divided further into global instruments, to which any state in the world can be a party, and regional instruments, which are restricted to states in a particular region of the world.
Most conventions establish mechanisms to oversee their implementation. In some cases these mechanisms have relatively little power, and are often ignored by member states; in other cases these mechanisms have great political and legal authority, and their decisions are almost always implemented.
Examples of the first case include the UN treaty committees, while the best exemplar of the second case is the European Court of Human Rights
European Court of Human Rights
The European Court of Human Rights in Strasbourg is a supra-national court established by the European Convention on Human Rights and hears complaints that a contracting state has violated the human rights enshrined in the Convention and its protocols. Complaints can be brought by individuals or...
.
Mechanisms also vary as to the degree of individual access to them. Under some conventions – e.g. the European Convention on Human Rights
European Convention on Human Rights
The Convention for the Protection of Human Rights and Fundamental Freedoms is an international treaty to protect human rights and fundamental freedoms in Europe. Drafted in 1950 by the then newly formed Council of Europe, the convention entered into force on 3 September 1953...
– individuals or states are permitted, subject to certain conditions, to take individual cases to the enforcement mechanisms; under most, however (e.g. the UN conventions), individual access is contingent on the acceptance of that right by the relevant state party, either by a declaration at the time of ratification or accession, or through ratification of or accession to an optional protocol to the convention. This is part of the evolution of international law over the last several decades. It has moved from a body of laws governing states to recognizing the importance of individuals and their rights within the international legal framework.
The Universal Declaration of Human Rights
Universal Declaration of Human Rights
The Universal Declaration of Human Rights is a declaration adopted by the United Nations General Assembly . The Declaration arose directly from the experience of the Second World War and represents the first global expression of rights to which all human beings are inherently entitled...
, the International Covenant on Civil and Political Rights
International Covenant on Civil and Political Rights
The International Covenant on Civil and Political Rights is a multilateral treaty adopted by the United Nations General Assembly on December 16, 1966, and in force from March 23, 1976...
, and the International Covenant on Economic, Social and Cultural Rights
International Covenant on Economic, Social and Cultural Rights
The International Covenant on Economic, Social and Cultural Rights is a multilateral treaty adopted by the United Nations General Assembly on December 16, 1966, and in force from January 3, 1976...
are sometimes referred to as the international bill of rights.
Declarations
- Declaration of the Rights of the ChildDeclaration of the Rights of the ChildThe Declaration of the Rights of the Child is the name given to a series of related children's rights proclamations drafted by Save the Children founder Eglantyne Jebb in 1923....
1923 - Universal Declaration of Human RightsUniversal Declaration of Human RightsThe Universal Declaration of Human Rights is a declaration adopted by the United Nations General Assembly . The Declaration arose directly from the experience of the Second World War and represents the first global expression of rights to which all human beings are inherently entitled...
(UNUnited NationsThe United Nations is an international organization whose stated aims are facilitating cooperation in international law, international security, economic development, social progress, human rights, and achievement of world peace...
, 1948) - American Declaration of the Rights and Duties of ManAmerican Declaration of the Rights and Duties of ManThe American Declaration of the Rights and Duties of Man was the world's first international human rights instrument of a general nature, predating the Universal Declaration of Human Rights by less than a year....
(OASOrganization of American StatesThe Organization of American States is a regional international organization, headquartered in Washington, D.C., United States...
, 1948) - Declaration on the Rights of Disabled PersonsDeclaration on the Rights of Disabled PersonsThe Declaration on the Rights of Disabled Persons was a declaration of the General Assembly of the United Nations, made on 9 December 1975. It is the 3447th resolution made by the Assembly....
(UNUnited NationsThe United Nations is an international organization whose stated aims are facilitating cooperation in international law, international security, economic development, social progress, human rights, and achievement of world peace...
, 1975) - Cairo Declaration of Human Rights in Islam (OIC,1990)
- Vienna Declaration and Programme of ActionVienna Declaration and Programme of ActionThe Vienna Declaration and Programme of Action, also known as VDPA, is a human rights declaration adopted by consensus at the World Conference on Human Rights on 25 June 1993 in Vienna, Austria...
(World Conference on Human RightsWorld Conference on Human RightsThe World Conference on Human Rights was held by the United Nations in Vienna, Austria, on 14 to 25 June 1993. It was the first human rights conference held since the end of the Cold War...
, 1993) - Declaration of Human Duties and ResponsibilitiesDeclaration of Human Duties and ResponsibilitiesThe Declaration of Human Duties and Responsibilities was written for reinforcing the implementation of human rights under the auspices of the UNESCO and the interest of the UN High Commissioner of Human Rights and was proclaimed in 1998 "to commemorate the 50th anniversary of the Universal...
(UNESCOUNESCOThe United Nations Educational, Scientific and Cultural Organization is a specialized agency of the United Nations...
, 1998) - Universal Declaration on Cultural DiversityUniversal Declaration on Cultural DiversityThe Universal Declaration on Cultural Diversity is a declaration adopted by the General Conference of the United Nations Educational, Scientific and Cultural Organization at its thirty-first session on 2 November 2001-External links:...
(UNESCOUNESCOThe United Nations Educational, Scientific and Cultural Organization is a specialized agency of the United Nations...
, 2001) - Declaration on the Rights of Indigenous PeoplesDeclaration on the Rights of Indigenous PeoplesThe United Nations Declaration on the Rights of Indigenous Peoples was adopted by the United Nations General Assembly during its 62nd session at UN Headquarters in New York City on 13 September 2007....
(UNUnited NationsThe United Nations is an international organization whose stated aims are facilitating cooperation in international law, international security, economic development, social progress, human rights, and achievement of world peace...
, 2007) - UN declaration on sexual orientation and gender identityUN declaration on sexual orientation and gender identitySince its founding in 1945, the United Nations has not touched on the issue of sexual orientation or gender identity until December of 2008, when a Dutch/French-initiated, European Union-backed statement was presented to the United Nations General Assembly. The statement, originally intended to be...
(UNUnited NationsThe United Nations is an international organization whose stated aims are facilitating cooperation in international law, international security, economic development, social progress, human rights, and achievement of world peace...
, 2008)
Global
- International Covenant on Civil and Political RightsInternational Covenant on Civil and Political RightsThe International Covenant on Civil and Political Rights is a multilateral treaty adopted by the United Nations General Assembly on December 16, 1966, and in force from March 23, 1976...
(ICCPR) - International Convention on the Suppression and Punishment of the Crime of Apartheid (ICSPCA)
- International Covenant on Economic, Social, and Cultural Rights (ICESCR)
- Convention Relating to the Status of RefugeesConvention Relating to the Status of RefugeesThe United Nations Convention Relating to the Status of Refugees is an international convention that defines who is a refugee, and sets out the rights of individuals who are granted asylum and the responsibilities of nations that grant asylum. The Convention also sets out which people do not...
and Protocol Relating to the Status of RefugeesProtocol Relating to the Status of RefugeesThe Protocol Relating to the Status of Refugees entered into force on October 4, 1967. Where the United Nations 1951 Convention relating to the Status of Refugees had restricted refugee status to those whose circumstances had come about "as a result of events occurring before 1 January 1951", as... - Convention on the Rights of the ChildConvention on the Rights of the ChildThe United Nations Convention on the Rights of the Child is a human rights treaty setting out the civil, political, economic, social, health and cultural rights of children...
(CRC) - Convention Against TortureUnited Nations Convention Against TortureThe United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment is an international human rights instrument, under the review of the United Nations, that aims to prevent torture around the world....
(CAT) - Convention on the Elimination of All Forms of Racial DiscriminationConvention on the Elimination of All Forms of Racial DiscriminationThe International Convention on the Elimination of All Forms of Racial Discrimination is a United Nations convention. A second-generation human rights instrument, the Convention commits its members to the elimination of racial discrimination and the promotion of understanding among all races...
(ICERD) - Convention on the Elimination of All Forms of Discrimination Against WomenConvention on the Elimination of All Forms of Discrimination Against WomenThe Convention on the Elimination of all Forms of Discrimination against Women is an international convention adopted in 1979 by the United Nations General Assembly....
(CEDAW) - International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (MWC)
- Convention on the Prevention and Punishment of the Crime of GenocideConvention on the Prevention and Punishment of the Crime of GenocideThe Convention on the Prevention and Punishment of the Crime of Genocide was adopted by the United Nations General Assembly on 9 December 1948 as General Assembly Resolution 260. The Convention entered into force on 12 January 1951. It defines genocide in legal terms, and is the culmination of...
- Convention on the Rights of Persons with DisabilitiesConvention on the Rights of Persons with DisabilitiesThe Convention on the Rights of Persons with Disabilities is an international human rights instrument of the United Nations intended to protect the rights and dignity of persons with disabilities...
(CRPD) - International Convention for the Protection of All Persons from Enforced DisappearanceInternational Convention for the Protection of All Persons from Enforced DisappearanceThe International Convention for the Protection of All Persons from Enforced Disappearance is an international human rights instrument of the United Nations and intended to prevent forced disappearance defined in international law, crimes against humanity. The text was adopted by the United...
- Indigenous and Tribal Peoples Convention, 1989Indigenous and Tribal Peoples Convention, 1989Indigenous and Tribal Peoples Convention, 1989 is an International Labour Organization Convention, also known as ILO-convention 169, or C169. It is the major binding international convention concerning indigenous peoples, and a forerunner of the Declaration on the Rights of Indigenous Peoples.It...
(ILO 169)
Regional: Africa
- African Charter on Human and Peoples' RightsAfrican Charter on Human and Peoples' RightsThe African Charter on Human and Peoples' Rights is an international human rights instrument that is intended to promote and protect human rights and basic freedoms in the African continent....
- African Charter on the Rights and Welfare of the ChildAfrican Charter on the Rights and Welfare of the ChildThe African Charter on the Rights and Welfare of the Child was adopted by the Organisation of African Unity in 1990 and was entered into force in 1999...
- Maputo ProtocolMaputo ProtocolThe Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa, better known as the Maputo Protocol, guarantees comprehensive rights to women including the right to take part in the political process, to social and political equality with men, to control of their...
Regional: America
- American Convention on Human RightsAmerican Convention on Human RightsThe American Convention on Human Rights is an international human rights instrument.It was adopted by the nations of the Americas meeting in San José, Costa Rica, in 22 November 1969...
- Inter-American Convention to Prevent and Punish TortureInter-American Convention to Prevent and Punish TortureThe Inter-American Convention to Prevent and Punish Torture is an international human rights instrument, created in 1985 within the Western Hemisphere Organization of American States and intended to prevent torture and other similar activities....
- Inter-American Convention on Forced Disappearance of Persons
- Inter-American Convention on the Prevention, Punishment, and Eradication of Violence against Women
- Inter-American Convention on the Elimination of All Forms of Discrimination against Persons with Disabilities
Regional: Europe
- Charter of Fundamental Rights of the European UnionCharter of Fundamental Rights of the European UnionThe Charter of Fundamental Rights of the European Union enshrines certain political, social, and economic rights for European Union citizens and residents, into EU law. It was drafted by the European Convention and solemnly proclaimed on 7 December 2000 by the European Parliament, the Council of...
- Convention on Action against Trafficking in Human BeingsConvention on Action against Trafficking in Human BeingsThe Convention on Action against Trafficking in Human Beings is a regional human rights treaty of the international human rights law by the Council of Europe...
- European Charter for Regional or Minority LanguagesEuropean Charter for Regional or Minority LanguagesThe European Charter for Regional or Minority Languages is a European treaty adopted in 1992 under the auspices of the Council of Europe to protect and promote historical regional and minority languages in Europe...
(ECRML) - European Convention on Human RightsEuropean Convention on Human RightsThe Convention for the Protection of Human Rights and Fundamental Freedoms is an international treaty to protect human rights and fundamental freedoms in Europe. Drafted in 1950 by the then newly formed Council of Europe, the convention entered into force on 3 September 1953...
(ECHR) - European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or PunishmentEuropean Convention for the Prevention of Torture and Inhuman or Degrading Treatment or PunishmentThe European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment was adopted by the member states of the Council of Europe, meeting at Strasbourg on 26 November 1987. It was subsequently amended by two Protocols that entered into force on 1 March 2002...
(CPT) - European Social CharterEuropean Social CharterThe European Social Charter is a Council of Europe treaty which was adopted in 1961 and revised in 1996. The Revised Charter came into force in 1999 and is gradually replacing the initial 1961 treaty...
(ESC), and Revised Social Charter - Framework Convention for the Protection of National MinoritiesFramework Convention for the Protection of National MinoritiesThe Framework Convention for the Protection of National Minorities was signed on February 1995 by 22 member States of the Council of Europe ....
(FCNM)
See also
- Universal jurisdictionUniversal jurisdictionUniversal jurisdiction or universality principle is a principle in public international law whereby states claim criminal jurisdiction over persons whose alleged crimes were committed outside the boundaries of the prosecuting state, regardless of nationality, country of residence, or any other...
- Rule of Law in Armed Conflicts Project (RULAC)Rule of Law in Armed Conflicts Project (RULAC)The Rule of Law in Armed Conflicts Project is an initiative of the to support the application and implementation of the international law of armed conflict.-Overview:...
- International Criminal CourtInternational Criminal CourtThe International Criminal Court is a permanent tribunal to prosecute individuals for genocide, crimes against humanity, war crimes, and the crime of aggression .It came into being on 1 July 2002—the date its founding treaty, the Rome Statute of the...
(established in 2002) - International human rights lawInternational human rights lawInternational human rights law refers to the body of international law designed to promote and protect human rights at the international, regional and domestic levels...
- Human rights treaty bodies
- List of human rights organizations
- List of indigenous rights organizations
- Rule of lawRule of lawThe rule of law, sometimes called supremacy of law, is a legal maxim that says that governmental decisions should be made by applying known principles or laws with minimal discretion in their application...
- Rule According to Higher LawRule according to higher lawThe rule according to a higher law means that no written law may be enforced by the government unless it conforms with certain unwritten, universal principles of fairness, morality, and justice...
External links
- International Human Rights Instruments - U.N. list
- International Human Rights Law News and resources for international human rights law