International Human Rights Law

International Human Rights Law

Human rights are fundamental and inalienable rights essential to the dignity, survival, and development of human beings. The right to life forms the foundation of all human rights protections.

Challenges in the Implementation of Human Rights in the International Legal System

From both historical and thematic perspectives, human rights are generally categorized into three generations:

• First Generation of Human Rights: This generation comprises civil and political rights, such as the right to life, freedom of expression, freedom of belief and religion, and the right to marry. These rights gained prominence prior to the Second World War and were codified in the 1966 International Covenant on Civil and Political Rights, which established binding legal obligations for member states.
• Second Generation of Human Rights: The second generation includes economic, social, and cultural rights such as the right to employment, the right to health care, the right to education, and the right to social security. These rights were incorporated into the Universal Declaration of Human Rights after the Second World War, largely influenced by socialist states, while Western countries primarily emphasized civil and political rights. The 1966 International Covenant on Economic, Social and Cultural Rights formally codified these rights and made them legally binding for participating states.
• Third Generation of Human Rights: The third generation, often referred to as solidarity rights, includes collective rights such as the right to development, the right to a healthy environment, the right to peace, and the right to the common heritage of humanity. These rights gained international attention during the 1970s, particularly through the advocacy of developing countries. The Vienna Declaration of 1993 recognized the importance of these rights; however, many of them have not yet been fully codified into binding international legal instruments.

Protection of Specific Groups and Social Classes

Following the First World War, international efforts began to focus on providing special protections to certain social groups.

• International Labour Organization: Established under the Treaty of Versailles, the International Labour Organization is composed of representatives of governments, employers, and workers. It aims to promote international labor standards and protect workers’ rights. Workers in member states may submit complaints regarding violations of labor standards.
• United Nations High Commissioner for Refugees: Established in 1950 as the successor to earlier refugee organizations, this body is responsible for protecting the rights and welfare of refugees worldwide.
• Protection of Minority Rights: Early international agreements, such as the Peace of Westphalia (1648) and the Congress of Vienna (1815), recognized religious freedom, while the Berlin Treaty of 1878 promoted the protection of individual rights without discrimination on the basis of race, religion, or language. A more comprehensive international instrument addressing minority protection is the 1992 United Nations Declaration on the Rights of Persons Belonging to National or Ethnic, Religious, and Linguistic Minorities.

Protection of Women’s Rights

The 1979 Convention on the Elimination of All Forms of Discrimination Against Women represents the most comprehensive international instrument for the protection and promotion of women’s rights.

Protection of Children’s Rights

The United Nations Declaration of the Rights of the Child, adopted in 1959, represented the first major international initiative addressing children’s rights. The 1989 Convention on the Rights of the Child has since become the most comprehensive and widely accepted international instrument on children’s rights.

Universal Protection of Human Rights

Following the Second World War, international protection of individuals evolved from safeguarding specific groups to establishing universal protection for all human beings.

• United Nations Charter: The Charter addresses human rights and fundamental freedoms in its preamble and in several key provisions, including Articles 1, 13, 57, 62, 68, and 76. These provisions emphasize equal protection against discrimination on the basis of race, gender, religion, ethnic origin, or language.
• Universal Declaration of Human Rights: Adopted on December 10, 1948, in Paris by the United Nations General Assembly, this declaration recognizes both civil and political rights as well as economic and social rights for all individuals. December 10 is internationally recognized as Human Rights Day. Over time, many provisions of the declaration have gained widespread acceptance and are considered part of customary international law. Certain rights, including the right to life, have attained the status of peremptory norms in international law.
• International Covenant on Civil and Political Rights: Adopted in 1966, this covenant includes two optional protocols addressing individual complaint procedures and the abolition of the death penalty. The covenant imposes legally binding obligations on member states.
• International Covenant on Economic, Social, and Cultural Rights: Adopted in 1966, this covenant establishes binding commitments regarding economic, social, and cultural rights. Together with the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights, it forms the International Bill of Human Rights.

Frequently Asked Questions About International Human Rights Law