Human rights

Understanding Human Rights: A Universal Framework

Human rights are universally recognized moral principles or norms that establish standards of human behavior. They encompass civil, political, economic, social, and cultural rights, such as life, freedom of expression, protection against enslavement, and education. These rights are not just abstract concepts; they are the foundation upon which societies are built, ensuring that every individual is treated with dignity and respect. But what exactly do these rights mean in practice? And how did they come to be recognized as universal principles?

The Evolution of Human Rights

Debates persist regarding which rights should take precedence, how they should be implemented, and their applicability in different cultural contexts. Cultural relativism argues that individual human rights may conflict with certain cultural or traditional practices. However, the concept of universal human rights developed over time, influenced by ancient peoples’ ideas and philosophers such as John Locke.

The medieval natural law tradition played a significant role in shaping modern human rights arguments, with charters like the Kouroukan Fouga being among the earliest on human rights. Two major revolutions during the 18th century led to the US Declaration of Independence and the French Declaration of the Rights of Man and Citizen. The Virginia Declaration of Rights encoded fundamental civil rights into law.

The Universal Declaration of Human Rights

Philosophers such as Thomas Paine, John Stuart Mill, and Hegel expanded on universality in the 18th and 19th centuries. William Lloyd Garrison wrote about human rights in 1831, and Henry David Thoreau discussed them in his treatise On the Duty of Civil Disobedience.

The concept of universal human rights gained prominence through labor unions, women’s rights movements, national liberation movements, and civil rights movements. The foundation of the International Committee of the Red Cross, the Lieber Code, and the Geneva Conventions laid the foundations of international humanitarian law.

International Recognition and Implementation

The League of Nations was established in 1919 to promote disarmament, collective security, and global welfare. The Universal Declaration of Human Rights (UDHR) was adopted by the United Nations General Assembly in 1948, recognizing inherent dignity and equal rights of all human beings.

The UDHR asserts that freedom, justice, and peace depend on these fundamental rights. It was framed by the Human Rights Commission, with Eleanor Roosevelt as chair, and included contributions from John Humphrey and René Cassin. The document includes articles on dignity, liberty, equality, brotherhood, individual rights, group rights, spiritual, public, and political rights, and economic, social, and cultural rights.

Human Rights Instruments

The Universal Declaration of Human Rights (UDHR) led to the creation of two covenants: the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights. Other human rights instruments have been adopted, including treaties on genocide, racial discrimination, women’s rights, torture, children’s rights, migrant workers’ rights, and environmental protection.

The recognition of environmental rights as a human right has become increasingly prominent, with recent decisions by the United Nations Human Rights Council and the European Court of Human Rights. The concept of responsibility to protect refers to international intervention to prevent atrocities, but its use has been criticized for expanding beyond its original mandate.

Human Rights Promotion Strategies

Human rights promotion strategies include various paradigms of implementation, including accountability, inducement, assistance, domestic contestation and engagement, compulsion, and external adaptation. Economic actions such as economic sanctions hurt a country’s population economically to punish human rights violations.

Informational strategies involve monitoring human rights abuses by various organizations, including the United Nations. Educating people on human rights is argued to prevent abuses. Organizations collect evidence and apply pressure to promote human rights.

Legal Instruments

The United Nations has universally accepted international jurisdiction for human rights legislation. The Office of the High Commissioner for Human Rights is the most senior body regarding human rights. The Human Rights Council investigates alleged human rights violations and may refer cases to the International Criminal Court. UN treaty bodies monitor compliance with human rights standards and norms.

Protection at the International Level

The United Nations promotes respect for human rights and fundamental freedoms. The Human Rights Council has a mandate to investigate alleged human rights violations. Treaty-based bodies, such as the Human Rights Committee, promote participation with international human rights treaties. The Economic and Social Committee monitors the ICESCR, making general comments on ratifying countries’ performance.

The International Court of Justice has worldwide jurisdiction, settling disputes between nations, but human rights enforcement in law is often difficult due to a lack of consensus, relevant legislation, or empowered bodies to take action. The ICC investigates and punishes war crimes and crimes against humanity within its jurisdiction, but does not have jurisdiction over citizens of non-member states or those who have not ratified the Rome Statute.

Regional Human Rights Regimes

Regional human rights regimes include national human rights institutions in over 110 countries, the African Commission on Human and Peoples’ Rights, the African Court on Human and Peoples’ Rights (proposed), the Inter-American Commission on Human Rights, and the Council of Europe. The Council of Europe promotes human rights, democracy, and fundamental freedoms through institutions such as the European Convention on Human Rights and the European Court of Human Rights.

Philosophies of Human Rights

The concept of human rights has three generations: first-generation (civil and political), second-generation (economic, social, and cultural), and third-generation (solidarity rights). The international community reaffirmed the principle of indivisibility in 1995 and 2005. Cultural relativism suggests that human rights are not all universal and may conflict with specific cultures.

Conclusion

The recognition of environmental rights as a human right has become increasingly prominent, with recent decisions by the United Nations Human Rights Council and the European Court of Human Rights. The concept of responsibility to protect refers to international intervention to prevent atrocities, but its use has been criticized for expanding beyond its original mandate.