Human Rights Law: International Protections and Challenges

Authored By: Aqsa Khalid

City ST George’s, University of London

Introduction

Human rights law is a critical aspect of the global legal framework, designed to ensure the inherent dignity and equality of all individuals. It emerged in response to the atrocities of the Second World War and has since developed into a robust system of international and regional agreements. Human rights law encompasses a broad range of protections, including civil, political, economic, social, and cultural rights. Central to this framework are various international treaties, conventions, and national implementations, which aim to safeguard individuals from abuses and to promote fundamental freedoms.

The protection of human rights has become a cornerstone of global legal structures, both within the United Nations (UN) system and at the regional level, particularly through mechanisms such as the European Court of Human Rights (ECHR) and the Inter-American Court of Human Rights (IACHR). However, despite these developments, the enforcement of human rights remains a challenge, as states frequently fall short of upholding international obligations. This article explores key aspects of human rights law, including international legal frameworks, significant case law, and recent challenges in enforcement.

International Human Rights Frameworks

At the heart of human rights law is the Universal Declaration of Human Rights (UDHR), adopted by the UN General Assembly in 1948. Although the UDHR is not a legally binding document, it has shaped the international human rights landscape and serves as the foundation for subsequent treaties. It sets out civil, political, economic, social, and cultural rights that are universally applicable to all people, without distinction of any kind.

Following the UDHR, several key international treaties were adopted to provide a more binding legal framework for human rights protections:

The International Covenant on Civil and Political Rights (ICCPR) (1966), which protects rights such as freedom of speech, right to a fair trial, and protection from torture.
The International Covenant on Economic, Social and Cultural Rights (ICESCR) (1966), which focuses on the right to work, education, and an adequate standard of living.
The Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT)(1984), which aims to prevent torture and inhumane treatment.

These covenants, along with others like the Convention on the Elimination of All Forms of Racial Discrimination (CERD) (1965), form the backbone of international human rights law. States that ratify these treaties are obligated to implement their provisions into domestic law and ensure their citizens’ rights are protected.

Regional Human Rights Systems While the UN system provides a global framework, regional systems have emerged to offer more tailored human rights protection in specific geographical areas. The European Convention on Human Rights (ECHR), adopted by the Council of Europe in 1950, is perhaps the most well-known regional system. It provides for the protection of civil and political rights, such as the right to life, the prohibition of torture, and the right to a fair trial.

The European Court of Human Rights (ECtHR), established under the ECHR, hears individual complaints against states for alleged violations of the rights enshrined in the convention.

One notable case before the ECtHR is Handyside v United Kingdom (1976), where the Court upheld the United Kingdom’s decision to censor a publication that was deemed obscene. The Court ruled that freedom of expression could be limited if necessary to protect public morals, thus balancing individual rights against state interests. This case exemplifies the Court’s role in interpreting rights in a way that reflects the needs and values of European societies.

Similarly, the Inter-American Commission on Human Rights (IACHR) and the Inter-American Court of Human Rights (IACtHR) play a crucial role in protecting human rights in the Americas. The American Convention on Human Rights (1969) serves as the legal basis for these institutions, which have handled significant cases regarding the rights of indigenous peoples, the right to life, and freedom of expression. One landmark case is Velásquez Rodríguez v Honduras(1988), where the IACtHR held Honduras responsible for the disappearance of a political activist, affirming the state’s duty to protect individuals from violations of their rights by both state and non-state actors.

Key Cases in Human Rights Law

Numerous cases before international and regional courts have shaped human rights jurisprudence. Brown v Board of Education (1954) in the United States led to the landmark ruling that racial segregation in public schools was unconstitutional, influencing global movements for civil rights and equality. At the international level, the International Court of Justice (ICJ) has played a significant role in resolving disputes between states concerning violations of human rights, including issues such as genocide, state responsibility, and the protection of refugees.

The Nicaragua v United States (1986) case before the ICJ examined whether the U.S. had violated international law by supporting Contra rebels in Nicaragua. The Court ruled that the U.S. had violated international law by engaging in unlawful use of force and intervention in the internal affairs of another state, highlighting the intersection of human rights with international peace and security.

Another important case is Al-Skeini and Others v United Kingdom (2011), in which the European Court of Human Rights found the United Kingdom responsible for the death of six Iraqi nationals in a conflict zone, concluding that the rights of the deceased under the European Convention on Human Rights applied extraterritorially, a landmark decision in international human rights law.

Challenges in Human Rights Enforcement

Despite the existence of international and regional human rights frameworks, enforcement remains a significant challenge. One of the primary difficulties is that many states are reluctant to submit to international oversight, particularly when it comes to issues of national sovereignty. States often argue that international human rights law interferes with their ability to govern and uphold national interests.

Furthermore, there is no global enforcement mechanism that can compel states to adhere to human rights standards. While the UN and regional human rights bodies can issue recommendations and rulings, their power to enforce these decisions is often limited. For example, the UN Human Rights Council can issue reports and condemnations, but its authority is constrained by the political interests of member states, many of which have significant power in the General Assembly.

The issue of non-compliance is particularly evident when it comes to the rights of marginalized groups. Despite legal protections for refugees and asylum seekers under international conventions, many countries continue to implement discriminatory policies or fail to offer adequate protection to those fleeing persecution. Similarly, the rights of indigenous peoples, women, and minorities remain under threat in numerous parts of the world, where governments are either unwilling or unable to protect these groups from discrimination, violence, and exclusion.

Recent Developments in Human Rights Law

In recent years, human rights law has increasingly incorporated emerging issues, such as the rights of persons with disabilities, climate change, and digital rights. The UN Convention on the Rights of Persons with Disabilities (CRPD)(2006) marks a significant advancement in the protection of the rights of disabled individuals. It affirms the right of persons with disabilities to live independently, participate in society, and enjoy the same opportunities as others.

Climate change has also become a major issue in human rights law, with environmental activists arguing that environmental degradation threatens fundamental rights, such as the right to life, health, and an adequate standard of living. The Philippines Commission on Human Rights has even investigated the role of multinational corporations in contributing to climate change, highlighting the need to link environmental protection with human rights protections.

In the digital era, issues surrounding privacy, data protection, and freedom of expression online have become increasingly important. The General Data Protection Regulation (GDPR) in the European Union provides a framework for protecting individuals’ personal data, while global discussions on digital rights seek to balance freedom of expression with the protection of individuals from online harm, such as hate speech and cyberbullying.

Conclusion

Human rights law has evolved significantly over the past several decades, with a robust framework of international and regional treaties designed to protect individuals from abuse and ensure their dignity. Despite these legal instruments, however, challenges remain in enforcing human rights globally. State resistance, non-compliance, and the inability to address emerging issues like climate change and digital rights continue to undermine the effectiveness of human rights protections. As the world changes, so too must the legal systems designed to protect fundamental freedoms, ensuring that all individuals, regardless of their status or location, enjoy the rights to which they are entitled

Bibliography

Treaties and Conventions:

Universal Declaration of Human Rights (1948) GA Res 217A (III), UN Doc A/810.
International Covenant on Civil and Political Rights (1966) 999 UNTS 171.
International Covenant on Economic, Social and Cultural Rights (1966) 993 UNTS 3.
Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (1984) 1465 UNTS 85.
Convention on the Elimination of All Forms of Racial Discrimination (1965) 660 UNTS 195.
European Convention on Human Rights (1950) 213 UNTS 221.

Case Law: