2. INTERNATIONAL HUMAN RIGHTS LAW
2.1 International Human Rights Law
Human rights are generally defined as rights that every person is endowed with as a
consequence of his or her mere existence as a human being. The modern concept of human
rights draws its origins from a number of intellectual movements and political developments,
including the spread of natural law theory and the English, American, and French
revolutions.
International human rights law is the body of law that ensures the protection of human
rights at the international level. It was first established in the aftermath of the Second World
War, whereupon States committed to strengthening cooperation aimed at protecting
fundamental rights and improving the living conditions of all human beings. To this end,
Article 1(3) of the Charter of the United Nations (1945) provides that one of the four
purposes of the United Nations is “To achieve international co-operation in solving
international problems of an economic, social, cultural, or humanitarian character, and in
promoting and encouraging respect for human rights and for fundamental freedoms for all
without distinction as to race, sex, language, or religion.”19
The core of international human rights law is codified in what is known informally as the
International Bill of Human Rights: the Universal Declaration of Human Rights (UDHR), the
International Covenant on Civil and Political Rights (ICCPR), and the International Covenant on
Economic, Social and Cultural Rights (ICESCR). In addition to these general instruments, States
have adopted a number of human rights treaties that focus on the protection of human
rights in terms of specific acts, such as the prohibitions against torture, genocide, and
discrimination, or in terms of specific vulnerable groups, such as women and children.
International Protection of Human Rights
Key Declarations
Key Treaties
Universal Declaration of Human Rights (1948); Declaration on the Right to
Development (1986), Declaration on the Rights of Persons Belonging to
National or Ethnic, Religious and Linguistic Minorities (1992), Vienna
Declaration and Programme of Action (1993), United Nations Declaration on
the Rights of Indigenous Peoples (2007),
General: International Covenant on Civil and Political Rights & Optional
Protocol (1976); International Covenant on Economic, Social & Cultural
Rights.
Specific acts: Convention on the Prohibition and Punishment of the Crime of
Genocide (1948); Convention on the Elimination of All Forms of Racial
Discrimination (1965); Convention against Torture and Other Cruel,
Inhuman or Degrading Treatment (1984); Rome Statute of the International
Criminal Court (1998).
Specific groups: Convention relating to the Status of Refugees (1951);
Convention on the Elimination of All Forms of Discrimination against
Women (1979); Convention on the Rights of the Child (1989); Convention
Concerning Indigenous and Tribal Peoples in Independent Countries (1989);
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