Definition of Human Rights
According to United Nations, “Human rights are rights inherent to all human beings, regardless of race, sex, nationality, ethnicity, language, religion, or any other status. Human rights include the right to life and liberty, freedom from slavery and torture, freedom of opinion and expression, the right to work and education, and many more. Everyone is entitled to these rights, without discrimination.”
Core Principles of Human Rights
Human rights are not conferred by any government; they are the inherent entitlements of every human being by virtue of our existence. These universal rights transcend national borders and apply to all individuals, irrespective of factors such as nationality, gender, ethnicity, race, religion, language, or any other distinction. At the foundation of the human rights framework lie core principles that serve as the pillars of a fair and inclusive society. These essential principles include: (i) Universal and inalienable, (ii) indivisible and interdependent, (iii) Equal and non-discriminatory and (iv) Both Rights and obligations
Universal and inalienable
The principle of universality of human rights is the cornerstone of international human rights law. This means that we are all equally entitled to our human rights. This principle, as first emphasized in the UDHR, is repeated in many international human rights conventions, declarations, and resolutions.
Human rights are inalienable. They should not be taken away, except in specific situations and according to due process. For example, the right to liberty may be restricted if a person is found guilty of a crime by a court of law.
Indivisible and interdependent
All human rights are indivisible and interdependent. This means that one set of rights cannot be enjoyed fully without the other. For example, making progress in civil and political rights makes it easier to exercise economic, social and cultural rights. Similarly, violating economic, social and cultural rights can negatively affect many other rights.
Equal and non-discriminatory
The principle of equality emphasizes that all individuals are born free and equal in dignity and rights. Discrimination based on factors such as race, ethnicity, gender, religion, or any other status is prohibited. States are responsible for promoting equality and creating an environment where every person can enjoy their human rights without prejudice. Article 1 of the UDHR states: “All human beings are born free and equal in dignity and rights.” Freedom from discrimination, set out in Article 2, is what ensures this equality.
Both rights and obligations
Human rights entail both rights and obligations. States assume obligations and duties under international law to respect, to protect and to fulfil human rights. This means that States have obligations and duties under international law to respect, protect and fulfill human rights.
- The obligation to respect means that States must refrain from interfering with or curtailing the enjoyment of human rights.
- The obligation to protect requires States to protect individuals and groups against human rights abuses.
- The obligation to fulfill means that States must take positive action to facilitate the enjoyment of basic human rights.
International Human Rights Law
International human rights law forms the bedrock of UN Human Rights and the mechanisms it supports. This legal framework originated with the adoption of the Universal Declaration of Human Rights (UDHR), a groundbreaking document that laid out fundamental human rights for the first time in history.
Since 1945, a series of international human rights treaties and instruments have given legal recognition to inherent human rights, shaping the body of international human rights law. At the regional level, specific instruments address the unique human rights concerns of each region, establishing dedicated protection mechanisms. Additionally, most countries have adopted constitutions and laws to formally safeguard basic human rights.
International human rights law imposes obligations that states must honor. By ratifying international treaties, states assume responsibilities under international law to respect, protect, and fulfill human rights. The obligation to respect requires states to refrain from interfering with or curtailing the enjoyment of human rights. The obligation to protect demands that states shield individuals and groups from human rights abuses. The obligation to fulfill obliges states to take proactive measures to ensure the enjoyment of basic human rights.
When domestic legal processes fail to address human rights abuses, mechanisms and procedures for individual complaints or communications are available at the regional and international levels, ensuring that international human rights standards are duly respected, implemented, and enforced at the local level.
International Human Rights Law (IHRL) encompasses various types of instruments and mechanisms designed to protect and promote human rights at the international level. Here are some of the different types of IHRL:
Universal Declaration of Human Rights (UDHR)
The Universal Declaration of Human Rights (UDHR), adopted by the UN General Assembly in 1948, was the first legal document to set out the fundamental human rights to be universally protected. The UDHR, which turned 75 in 2023, continues to be the foundation of all international human rights law. Its 30 articles provide the principles and building blocks of current and future human rights conventions, treaties and other legal instruments.
Although not a legally binding treaty, the UDHR is a fundamental document that outlines a comprehensive set of human rights principles and has served as the foundation for subsequent human rights treaties.
UN Core Treaties
The UN Core treaties are an essential part of International Human Rights Law. These are a series of international treaties developed and adopted by the United Nations to promote and protect specific human rights.
International Covenant on Civil and Political Rights (CCPR)
Focuses on civil and political rights, including the right to life, freedom of speech, and fair trial.
International Covenant on Economic, Social and Cultural Rights (CESCR)
Emphasizes economic, social, and cultural rights, such as the right to work, education, and healthcare.
The International Bill of Rights refers collectively to the Universal Declaration of Human Rights (UDHR), the International Covenant on Civil and Political Rights (ICCPR), and the International Covenant on Economic, Social and Cultural Rights (ICESCR), which together form the core framework of international human rights law protecting fundamental rights and freedoms.
Convention on the Elimination of All Forms of Racial Discrimination (CERD)
Focuses on the elimination of racial discrimination and the promotion of understanding and tolerance among all racial and ethnic groups.
Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW)
Aims to eliminate discrimination against women and ensure their equal rights in various spheres of life, including political, social, economic, and cultural domains.
Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT)
Seeks to prevent and prohibit torture and other cruel, inhuman, or degrading treatment or punishment worldwide.
Convention on the Rights of the Child (CRC)
Focuses on protecting the rights of children and ensuring their well-being, education, healthcare, and protection from exploitation.
Convention on the Rights of Persons with Disabilities (CRPD)
Aims to promote, protect, and ensure the full and equal enjoyment of all human rights by persons with disabilities.
International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (CRMW)
Focuses on the protection of the rights of migrant workers and their families, including issues related to labor rights, family unity, and protection from exploitation.
Optional Protocols and Special Procedures
Many human rights treaties have optional protocols that provide additional mechanisms for individual complaints or inquiries.
Special procedures, such as special rapporteurs and working groups, are appointed to address specific human rights issues and conduct country visits to assess human rights situations.
Regional Human Rights Treaties
Regional human rights treaties are international agreements that protect and promote human rights within specific geographic regions, such as Europe, the Americas, and Africa.
European Convention on Human Rights (ECHR)
Protects human rights in Europe and is overseen by the European Court of Human Rights.
American Convention on Human Rights
Safeguards human rights in the Americas and is overseen by the Inter-American Court of Human Rights.
African Charter on Human and Peoples’ Rights
Focuses on human rights protection in Africa and is overseen by the African Court on Human and Peoples’ Rights.
Customary International Law
Customary human rights law consists of practices and norms that have evolved over time and are accepted as legally binding by states, even without being explicitly codified in treaties.
International Humanitarian Law (IHL)
Also known as the law of war or the law of armed conflict, IHL applies during armed conflicts and aims to protect civilians and combatants who are no longer taking part in hostilities.
International Labour Organization (ILO) Conventions
ILO has established conventions that promote workers’ rights and address issues like forced labor, child labor, and workplace conditions.
Human Rights Declarations and Resolutions
Besides the UDHR, other declarations and resolutions by international organizations, such as the United Nations General Assembly and the UN Human Rights Council, address specific human rights concerns.
International Criminal Law
While not exclusively focused on human rights, international criminal law addresses serious human rights violations, including genocide, war crimes, and crimes against humanity.
Monitoring Mechanisms
There are two types of human rights monitoring mechanisms within the United Nations system: treaty-based bodies and charter-based bodies. UN Human Rights provides expertise and support to all of the different mechanisms.
Treaty-based Bodies
The human rights treaty bodies are committees of independent experts that monitor implementation of the core international human rights treaties. Each State party to a treaty has an obligation to take steps to ensure that everyone in the State can enjoy the rights set out in the treaty.
There are ten human rights treaty bodies composed of independent experts of recognized competence in human rights, who are nominated and elected for fixed renewable terms of four years by State parties.
The treaty bodies meet in Geneva, Switzerland. All the treaty bodies receive support from the Human Rights Treaties Division of OHCHR in Geneva.
Key Characteristics of Treaty-based bodies are:
- Composition: Each treaty body consists of independent experts, usually individuals with expertise in relevant fields such as law, human rights, and social sciences.
- Reporting: State parties are required to submit periodic reports to the respective treaty body, detailing their progress in implementing the rights enshrined in the treaty. The treaty body examines these reports and issues recommendations and observations.
- Review Process: Treaty bodies conduct periodic reviews of state parties’ compliance with the treaty’s provisions. During these reviews, the state party’s delegation may engage in a constructive dialogue with the experts to address concerns and challenges.
Types of Treaty Bodies
Committee on the Elimination of Racial Discrimination
The Committee on the Elimination of Racial Discrimination (CERD) is the body of independent experts that monitors implementation of the Convention on the Elimination of All Forms of Racial Discrimination by its States parties.
Racial discrimination remains a barrier to the full realization of human rights. Despite progress in some areas, exclusions and restrictions based on race, colour, descent, national or ethnic origin continue to cause conflict, suffering and loss of life. CERD works to take action against the injustice of racial discrimination, and the dangers it represents.
Committee on Economic, Social and Cultural Rights
The Committee on Economic, Social and Cultural Rights (CESCR) is the body of 18 independent experts that monitors implementation of the International Covenant on Economic, Social and Cultural Rights by its State parties. The Covenant enshrines economic, social and cultural rights such as the rights to adequate food, adequate housing, education, health, social security, water and sanitation, and work.
The Committee seeks to develop a constructive dialogue with State parties, determine whether the Covenant’s norms are being applied, and assess how the implementation and enforcement of the Covenant could be improved so all people can enjoy these rights in full.
Human Rights Committee
The Human Rights Committee is the body of independent experts that monitors implementation of the International Covenant on Civil and Political Rights by its States parties.
The Committee’s work promotes the enjoyment of civil and political rights, resulting in numerous changes of law, policy and practice. As such, it has improved the lives of individuals in all parts of the world. It continues to strive to ensure all the civil and political rights guaranteed by the Covenant can be enjoyed in full and without discrimination, by all people.
Committee on the Elimination of Discrimination against Women
The Committee on the Elimination of Discrimination against Women (CEDAW) is the body of independent experts that monitors implementation of the Convention on the Elimination of All Forms of Discrimination against Women. The CEDAW Committee consists of 23 experts on women’s rights from around the world.
The CEDAW treaty is a tool that helps women around the world to bring about change in their daily life. In countries that have ratified the treaty, CEDAW has proved invaluable in opposing the effects of discrimination, which include violence, poverty, and lack of legal protections, along with the denial of inheritance, property rights, and access to credit.
Committee against Torture
The Committee against Torture (CAT) is the body of 10 independent experts that monitors implementation of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment by its States parties.
The Committee against Torture works to hold States accountable for human rights violations, systematically investigating reports of torture in order to stop and prevent this crime.
Committee on the Rights of the Child
The Committee on the Rights of the Child (CRC) is the body of 18 independent experts that monitors implementation of the Convention on the Rights of the Child by its States parties. It also monitors implementation of the Optional Protocols to the Convention, on involvement of children in armed conflict and on the sale of children, child prostitution and child pornography.
Over the past 30 years, children’s lives have been transformed by the most widely ratified human rights treaty in history. The Convention on the Rights of the Child has inspired governments to change laws and policies, so more children get the healthcare and nutrition they need. There are better safeguards in place to protect children from violence and exploitation. More children have their voices heard and participate in society. But there is still more work to be done.
Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families
The Committee on the Protection of the Rights of All Migrant Workers and Members of their Families (CMW) is the body of independent experts that works to protect the rights of the millions of migrant workers around the world.
Migrant workers and their families often experience marginalization, xenophobia, and poor living and working conditions.In serious cases, they suffer exploitation, expulsion, and risk to life.The Committee monitors how States are implementing the Convention and protecting the human rights of migrants.
Committee on the Rights of Persons with Disabilities
The Committee on the Rights of Persons with Disabilities (CRPD) is the body of independent experts which monitors implementation of the Convention by the States parties.
Worldwide, there are an estimated one billion people with disabilities. Through its engagement and cooperation with States parties, the Committee promotes inclusion, advocates for the human rights of all persons with disabilities, and provides recommendations to support the implementation of the provisions enshrined in the Convention.
Committee on Enforced Disappearances
The Committee on Enforced Disappearances (CED) is the body of independent experts which monitors the implementation of the Convention for the Protection of all Persons against Enforced Disappearance by the States parties.
The Committee and its Secretariat work daily to support victims, civil society organizations, National Human Rights Institutions and States to search for and locate disappeared persons, eradicate, punish and prevent this crime, and repair the damage suffered by the victims.
Subcommittee on Prevention of Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (SPT)
The Subcommittee on Prevention of Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (SPT) is a new kind of treaty body in the United Nations human rights system. It has a preventive mandate focused on a proactive approach to preventing torture and ill treatment.
States that ratify the Optional Protocol to the Convention Against Torture (OPCAT) give the SPT the right to visit their places of detention and examine the treatment of people held there.
The Protocol also obliges States to set up independent National Preventive Mechanisms (NPMs) to examine the treatment of people in detention, make recommendations to government authorities to strengthen protection against torture and comment on existing or proposed legislation. The SPT assists and advises NPMs in their work.
Charter-based Treaties
Charter-based bodies are established under the United Nations Charter and are not linked to any specific human rights treaty. They are known as charter-based because they derive their mandate from the UN Charter’s provisions on human rights promotion and protection.
Key Characteristics are:
- Composition: Charter-based bodies often consist of independent human rights experts, known as Special Procedures, and the Human Rights Council (HRC).
- Mandate: Special Procedures are assigned specific thematic or country-related mandates to address human rights issues or situations in particular countries. They can conduct country visits, issue public reports, and respond to human rights complaints.
- Review Process: The Human Rights Council engages in a Universal Periodic Review (UPR) of all UN member states. This review involves a comprehensive assessment of each state’s human rights record and provides an opportunity for constructive dialogue and recommendations.
Types of Charter-based Treaties
Human Rights Council
The Human Rights Council is an intergovernmental body within the United Nations system made up of 47 States responsible for the promotion and protection of all human rights around the globe.
It has the ability to discuss all thematic human rights issues and situations that require its attention throughout the year. It meets at the United Nations Office at Geneva.
Universal Periodic Review
The Universal Periodic Review (UPR) is a unique process which involves a review of the human rights records of all UN Member States. The UPR is a State-driven process, under the auspices of the Human Rights Council, which provides the opportunity for each State to declare what actions they have taken to improve the human rights situations in their countries and to fulfil their human rights obligations. As one of the main features of the Council, the UPR is designed to ensure equal treatment for every country when their human rights situations are assessed. The ultimate aim of this mechanism is to improve the human rights situation in all countries and address human rights violations wherever they occur. Currently, no other universal mechanism of this kind exists.
Special Procedures of the Human Rights Council
The special procedures of the Human Rights Council are independent human rights experts with mandates to report and advise on human rights from a thematic or country-specific perspective. They are non-paid and elected for 3-year mandates that can be reconducted for another three years. As of October 2022, there are 45 thematic and 14 country mandates.
With the support of the Office of the United Nations High Commissioner for Human Rights (OHCHR), special procedures:
- Undertake country visits
- Act on individual cases of reported violations and concerns of a broader nature by sending communications to States and others
- Contribute to the development of international human rights standards, and
- Engage in advocacy, raise public awareness, and provide advice for technical cooperation.
International Commissions of Inquiry, Commissions on Human Rights, Fact-Finding missions and other Investigations
United Nations-mandated investigative bodies are increasingly being used to respond to situations of serious violations of international humanitarian law and international human rights law, whether protracted or resulting from sudden events, and to promote accountability and counter impunity. These investigative mechanisms have been established by the Security Council, the General Assembly, the Secretary-General, the High Commissioner for Human Rights, the Human Rights Council, its predecessor, the Commission on Human Rights. The commissioners and experts selected to lead the Council’s investigative bodies are appointed by either the President of the Human Rights Council or the High Commissioner for Human Rights. They are independent and unpaid.
Human Rights Council subsidiary bodies
On 18 June 2007, one year after its first meeting, the Human Rights Council adopted its “Institution-building package” (resolution 5/1) which details procedures, mechanisms and structures that form the basis of its work. Among those mechanisms the following subsidiary bodies directly report to the Human Rights Council:
The Council also established the following subsidiary expert mechanisms to provide the Council with thematic expertise and forums providing a platform for dialogue and cooperation. These bodies focus mainly on studies, research-based advice or best-practices. They meet and report annually to the Council:
- Expert Mechanism on the Rights of Indigenous People
- Expert Mechanism on the Right to Development
- Forum on Minority Issues
- Social Forum
- Forum on Business and Human Rights
- Forum on Human Rights, Democracy and the Rule of Law
The Council further established the following open-ended intergovernmental working groups to elaborate and/or negotiate and finalize new draft legal instruments or to make recommendations on the effective implementation of existing instruments:
- Working Group on the Right to Development
- Intergovernmental Working Group on the Durban Declaration and Programme of Action
- Working Group on an Optional Protocol to the Convention on the Rights of the Child
- Ad Hoc Committee on the Elaboration of Complementary Standards
- Open-ended intergovernmental working group on the draft United Nations declaration on human rights education and training
- Open-ended intergovernmental working group on regulatory framework of activities of private military and security companies
- Open-ended intergovernmental working group on a draft United Nations declaration on the right to peace
- Open-ended intergovernmental working group on a United Nations declaration on the rights of peasants and other people working in rural areas
- Open-ended intergovernmental working group on transnational corporations and other business enterprises with respect to human rights
The Council also establishes the Special Procedures mandates and appoints the respective mandate holders, which report annually to the Council from a thematic or country-specific perspective.