BASIC INSTRUMENTS OF HUMAN RIGHTS
Development of Human Rights: I-
The notion of human rights has existed before World
War II. However, this concern was not inclusive, cumulative or even
international. It was limited in its perspectives. For example, abolition of
slavery was a major focus at that era, the fact which led to the adoption of
the slave convention in 1926 and which came into force in 1927.
Eventually, this limited concern about the protection
of Human Rights appeared to gain more general International concern in the
Post- Second World War Era. Hot issues such as Torture, Arbitrary arrest and
Political Executions were spread on the international tables for discussion.
This International concern with the previously mentioned Human Rights
violations didn’t develop, at that point, into a promotional or preventive
mechanism which would preserve these rights from being violated.
It was until 1948 when the Commission of Human Rights
(A political body founded by the United Nations based on the UN Charter
of Human Rights) formulated the Universal Declaration of
Human Rights (UNDHR) that Human Rights were backed up by preventive and
promotional instruments. This was followed by the drafting of the 2 Covenants
in 1966 which in turn came into force in 1976:
The
International Covenant On Civil And Political Rights (ICCPR) and The
International Covenant On Economic, Social And Cultural Rights
(ICESCR). The ICCPR expanded later into
2 further Protocols. The first one is The Optional Protocol to the ICCPR
which had to deal with the rights to individual communications. The
second Protocol to the ICCPR had to do with the abolition of the Death
Penalty.
Moreover, since 1966 until 1976, great concern with
racial discrimination emerged. It is very important to note that since 1976
till nowadays development of UN mechanisms and specialized conventions were and
are taking place.
This brief introduction to the development of
international community concerns about
human rights aims at shedding
the light on the basic instruments of Human Rights Protection which appeared to
be the pillars for maintaining and preserving Human rights through
international mechanisms.
II-Sources of International Human Rights Law:
Why are these instruments said to be basic?
It appears to be very essential to introduce these
instruments of Human Rights as basic because they provide fundamental sources
for International Human Rights Law.
In other words, International Human Rights Law is
based on four sources:
1) Customary International Law (Slavery,
Genocide, Racial Discrimination Torture)
2) Declarations
(Universal Declaration of Human Rights and the American Declaration)
3) Treaties
a) International Treaties such as the UN Charter, ICCPR,
ICESCR and the optional protocols.
b) Regional Treaties such as the European Convention for the
Protection of Human Rights and Fundamental Freedoms, the European Charter,
American Convention on Human Rights, and the African Charter on Human and Peoples'
rights (Adopted but not in force)
c) Specialized Treaties Convention Relation to the Status of
Refugees, Convention Relating to the Status of Stateless Persons, Convention on
the Elimination of all Forms of Discrimination…etc…
4) Courts such as
European Court of Human Rights and the International American court of Human
Rights.
Hence, the basic Human Rights
Instruments which were introduced at the beginning of this paper appear to be
falling under the first and second categories of the sources on International
Human Rights law meaning that they do provide a very solid basis for
International Human rights Law.
III-Contents of the basic
Instruments of Human Rights:
Consequently, it appears to be
fundamental now to discuss the contents of these instruments. What do these
instruments talk about? What articles in the UN Charter and in the UDHR refer
to Human Rights issues?
The provisions referring to
Human Rights in the UN Charter are:
1) Preamble (Para.2)
2) ART.1 (3)
3) ART. 13(1) B
4) ART. 55&56
5) ART.62 (2)
6) ART. 68
These provisions run the risk
of being only programmatic and promotional in nature in the sense that there is
no direct reference to state obligations. They refer mainly to the goals of the
UN as an organization- and not to its Member States.
The UNDR includes:
1) Personal Rights:
such as the right to life, liberty, security (Articles 3-11)
2) Rights of Individuals in
Relationship to Society: Such as right to nationality, religion (Art.
12-17)
3) Civil and Political
Rights: Such as right to vote, freedom of association (Art. 18-21)
4) Economic and Social
Rights: Such as the Right to Work, Education (Art. 22-27)