The Role Of International Human Rights

International human rights law

To understand this debate it is first necessary to understand the mechanisms of international human rights instruments, and how universal human rights are currently being enforced. The international bill of rights consists of 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). The UDHR was adopted by the UN in 1948 after the horrors of world war 2. (United Nations) It sets out fundamental, innate rights of which all humans are entitled (United Nations). The UDHR is what is referred to as ‘soft law’, and therefor is not legally binding. However, it inspired the international

Nations who have signed and ratified these treaties expected to hold up their values. Rights are split between the ICCPR and ICESCR depending on where the responsibility of the right falls. Civil and political rights or ‘negative’ rights, are associated with liberalism (Douzinas, 2008). Negative rights require people to refrain from doing things and are the responsibilities of all individuals and organisations. Some rights under the ICCPR include, the right to freedom of expression (Article 19), and freedom of religion (Art. 18). Social and cultural or ‘positive’ rights, are associated with the socialist tradition. (Douzinas, 2008). Positive rights require people and organisations to take action, and are usually the responsibility of governments to insure. Some of the rights under the ICESCR include, the right to work under under just and favourable conditions (Art. 7), and the right to an adequate standard of living (Art. 11) Both of these treaties were adopted by the UN in

Modern human rights have their origins in western religion culture and philosophy. Human rights rose out of the European concept of natural law - the idea that certain laws exist and are obeyed naturally. Early humans rights laws arose from Western wars and revolutions, most notably: The American declaration of independence (1776) and the French declaration of the rights of man and citizen (1789). Both of which were reactions to governments who can be seen to of abused their power and ignored the welfare of their citizens, through heavy taxation, starvation and unfair treatment of the poor. It is important to note that "throughout history, slavery, extermination of indigenous populations and colonial atrocities had been repeatedly committed by the west.” However, the concept of universal human rights formed when “Europeans tried to exterminate other Europeans…and humanity was split into victims and perpetrators.” It is clear that the Second world war - one of histories most systemic cases of abuse of a religious group (Jews in Germany) lead to the establishment of international human rights laws like the Universal Declaration of Human Rights