#7119 - International Human Rights Law - International Law

Here, there may have been a breach of international human rights law by [Y]’s act of [per facts]. Human rights are ‘natural law’ rights and obligations that derive from being human and do not vary with geographic area, and which fetter sovereignty.

• The Universal Declaration of Human Rights (UDHR) recognises the inherent dignity and equal and inalienable rights of all human beings in its preamble; this concept of inherent dignity was also recognised by states in the preamble to the Vienna Declaration and Programme of Action (1993).

• The international community has accepted (largely since World War II) that it has a duty to ensure sovereign states do not violate the rights of their own people.

By becoming UN Members, states have accepted that an objective is ‘promoting and encouraging respect for human rights’ (UN Charter Art 1.3); these rights were later elaborated by the Universal Declaration of Human Rights (UDHR).

• Although the UDHR is not binding over time a degree of binding force as customary law has developed; additionally, many of the rights have become international law under other treaties.

Rights under the UDHR (Articles)

1. All born equal

2. Non-discrimination

3. Life, liberty and security of person

4. Slavery

5. torture, cruel, inhuman & degrading treatment/punishment

6. recognition before law

7. equality before law

8. effective remedy at national level for human rights violations

9. arbitrary arrest, detention, exile

10. fair & public trial

11. presumption of innocence & prohibition on retrospective criminal law

12. privacy

13. free movement

14. seek asylum

15. right to a nationality

16. right to marry & found a family [including right not to be forced to marry]

17. property

18. thought, conscience & religion

19. opinion & expression

20. assembly & association

21. participate in / vote for government

22. social security

23. work, including conditions, pay & right to join a union

24. rest & leisure

25. adequate standard of living, including health, food, clothing, housing & medical care

26. education

27. cultural participation & intellectual property

28. local & international rule of law

29. duty to respect rights of others

30. exercise of rights can’t destroy rights of others

• Sanctions: the international community collectively through the SC or GA, or particular states unilaterally, may impose sanctions on the state in breach.

• Naming and shaming: states can ‘name and shame’ another state by noting that it is in violation and calling upon it to conform to its obligations

  • This may be through resolutions of the GA, Human Rights Council or (occasionally) the SC

• Dispute settlement: one state may bring action against another for a breach of human rights law, but this is uncommon.

• Peer review – Universal Periodic Review: this is a variation of naming and shaming. States review each other on human rights, with each state submitting a written report to show how it is...