8.2 Key Human Rights Treaties and Conventions
3 min read•july 24, 2024
The , adopted in 1948, set the foundation for global human rights standards. It affirms human dignity, prohibits discrimination, and protects fundamental freedoms, influencing national laws and regional treaties worldwide.
Two key covenants followed: the and the . These legally binding treaties expanded on the Declaration, creating mechanisms for monitoring and enforcing human rights internationally.
Universal Declaration and Core Covenants
Universal Declaration of Human Rights
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- Adoption and historical context
- adopted in 1948 responding to World War II atrocities (Holocaust)
- Key principles and rights
- Affirms dignity and equality of all humans prohibits discrimination
- Protects life, liberty, and security bans and
- Guarantees fair trial and presumption of innocence ensures
- Safeguards freedom of expression, association, and religion fosters pluralism
- Legal status
- Morally authoritative but not legally binding shapes international norms
- Laid groundwork for subsequent binding treaties (ICCPR, ICESCR)
- Impact and influence
- Incorporated into national constitutions and laws (South Africa, Canada)
- Measures global human rights practices informs UN reviews
- Inspired regional instruments ()
Civil and political rights covenant
- Adoption and entry into force
- Adopted 1966, enforced 1976 codified civil and political rights
- Key rights protected
- allows peoples to freely determine political status
- Prohibits arbitrary deprivation of life restricts death penalty
- Bans torture and inhuman treatment sets standards for detention
- Ensures protects against arbitrary arrest
- Guarantees freedom of movement and residence choice
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- Respect and ensure rights to all individuals without discrimination
- Implement legislative and other measures to realize rights
- Monitoring mechanism
- reviews state reports and individual complaints
- Issues interpreting covenant provisions
- Optional protocols
- First Protocol enables individual complaints to Human Rights Committee
- Second Protocol aims to abolish death penalty globally
Economic and social rights covenant
- Adoption and entry into force
- Adopted 1966, enforced 1976 enshrined economic, social, cultural rights
- Key rights protected
- Work and fair conditions ensures safe workplaces and fair wages
- Form and join trade unions protects
- Social security provides safety net for vulnerable populations
- Adequate standard of living includes food, clothing, housing
- Health and education promotes access to healthcare and schooling
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- States take steps within resources to achieve rights over time
- Recognizes varying capacities of states to fulfill obligations
- State obligations
- Prohibit discrimination in exercising rights ensures equality
- Guarantee minimum essential levels of each right (primary education)
- Monitoring mechanism
- reviews state reports
- Issues General Comments clarifying covenant obligations
- Optional Protocol
- Allows individuals to submit complaints to the Committee
Regional Human Rights Treaties
Regional human rights treaties
- European Convention on Human Rights ()
- Council of Europe adopted 1950 post-World War II human rights protection
- Key rights protected
- Safeguards life prohibits death penalty in peacetime
- Bans torture and inhuman treatment sets detention standards
- Ensures liberty and security protects against arbitrary arrest
- Guarantees fair trial includes presumption of innocence
- European Court of Human Rights
- Hears individual and inter-state complaints issues binding judgments
- Interprets convention through case law (Handyside v UK)
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- adopted 1981 reflects African values
- Unique features
- Balances individual and peoples' rights recognizes group rights
- Emphasizes duties alongside rights promotes communal responsibility
- Key rights protected
- Enshrines civil and political rights (freedom of expression)
- Guarantees economic, social, cultural rights (right to education)
- Recognizes collective rights (self-determination, development)
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- Promotes rights through education and research
- Protects rights by investigating violations and issuing recommendations
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- Complements Commission's work issues binding judgments
- Comparison of regional systems
- Enforcement varies European system most developed
- Rights emphasis differs African Charter stresses collective rights
- Reflects regional contexts European focus on individual rights
Key Terms to Review (30)
African Charter on Human and Peoples' Rights: The African Charter on Human and Peoples' Rights is a regional human rights instrument adopted in 1981 by the Organization of African Unity, which later became the African Union. It aims to promote and protect human rights and fundamental freedoms across the African continent while also emphasizing the importance of collective rights, including the right to development and self-determination.
African Commission on Human and Peoples' Rights: The African Commission on Human and Peoples' Rights is a regional human rights body established to promote and protect human rights across Africa, focusing on the African Charter on Human and Peoples' Rights. It serves as a platform for monitoring state compliance with human rights obligations, handling complaints, and providing advisory opinions on various human rights issues pertinent to the continent.
African Court on Human and Peoples' Rights: The African Court on Human and Peoples' Rights is a regional court established to enhance the protection of human rights across Africa by interpreting and applying the African Charter on Human and Peoples' Rights. It plays a crucial role in promoting human rights standards, addressing violations, and providing a platform for individuals and organizations to seek justice for breaches of their rights.
Arbitrary arrest: Arbitrary arrest refers to the unlawful detention of individuals without just cause or legal authority, often violating their human rights. This practice can occur in various contexts, including political repression, discriminatory enforcement of laws, and inadequate judicial processes, undermining the rule of law and individual freedoms.
Article 1 of the UDHR: Article 1 of the Universal Declaration of Human Rights (UDHR) states that 'All human beings are born free and equal in dignity and rights.' This fundamental principle serves as the foundation for international human rights law, emphasizing the inherent value of every person and their entitlement to equal treatment. This article not only sets the tone for the entire UDHR but also connects to various key human rights treaties and conventions that build on these ideas to promote and protect individual rights globally.
Article 12 of the ICESCR: Article 12 of the International Covenant on Economic, Social and Cultural Rights (ICESCR) recognizes the right of everyone to the enjoyment of the highest attainable standard of physical and mental health. This article emphasizes the importance of health as a fundamental human right and mandates state parties to take necessary steps to ensure access to healthcare and promote overall public health.
Article 2 of the ECHR: Article 2 of the European Convention on Human Rights (ECHR) guarantees the right to life, stating that everyone's life shall be protected by law. This article underscores the importance of safeguarding individuals from arbitrary deprivation of life, establishing a fundamental principle of human rights that is pivotal in various legal contexts across Europe.
Article 4 of the African Charter: Article 4 of the African Charter on Human and Peoples' Rights emphasizes the right to life, integrity, and security of the person. This provision establishes the fundamental principle that every human being has an inherent right to life, and it prohibits arbitrary deprivation of life, setting a critical foundation for human rights protection within the African context.
Article 6 of the ICCPR: Article 6 of the International Covenant on Civil and Political Rights (ICCPR) recognizes the inherent right to life and places an obligation on state parties to respect and ensure this right for all individuals within their jurisdiction. It forms a critical part of international human rights law by establishing that every human being has the right to not be arbitrarily deprived of life, highlighting the importance of legal protections against unlawful killings and executions.
Civil and Political Rights Covenant: The Civil and Political Rights Covenant, officially known as the International Covenant on Civil and Political Rights (ICCPR), is a key international treaty that aims to protect individual rights and freedoms from government infringement. This covenant establishes a range of civil and political rights, including the right to life, freedom of speech, freedom of assembly, and the right to a fair trial, and it obligates state parties to respect and ensure these rights for all individuals within their jurisdiction.
Collective bargaining: Collective bargaining is the process of negotiation between employers and a group of employees, typically represented by a union, to establish the terms of employment. This process plays a crucial role in setting wages, working conditions, benefits, and other aspects of job security. It is an essential element in the labor relations framework, promoting dialogue between workers and employers to address workplace issues and ensure fair treatment.
Committee on Economic, Social and Cultural Rights: The Committee on Economic, Social and Cultural Rights (CESCR) is a body of independent experts that monitors the implementation of the International Covenant on Economic, Social and Cultural Rights (ICESCR). Established to ensure that countries uphold their obligations under this covenant, the committee plays a crucial role in promoting human rights related to economic, social, and cultural issues, including the right to work, health, education, and an adequate standard of living.
Due Process: Due process refers to the legal requirement that the state must respect all legal rights owed to a person, ensuring fair treatment through the normal judicial system. This concept is fundamental in protecting individuals from arbitrary denial of life, liberty, or property and is closely linked to principles of justice and equality under the law.
ECHR: The European Convention on Human Rights (ECHR) is an international treaty that aims to protect human rights and fundamental freedoms in Europe. Established in 1950, it provides a framework for individuals to seek justice against violations by member states and has led to the creation of the European Court of Human Rights, which hears cases related to breaches of the Convention by its signatory countries.
Economic and Social Rights Covenant: The Economic and Social Rights Covenant, formally known as the International Covenant on Economic, Social and Cultural Rights (ICESCR), is a key international treaty that aims to protect and promote economic, social, and cultural rights of individuals. This covenant emphasizes the obligation of states to ensure the realization of rights such as the right to work, the right to education, and the right to an adequate standard of living, thereby connecting individual well-being to state responsibility.
European Convention on Human Rights: The European Convention on Human Rights is an international treaty established in 1950 to protect human rights and fundamental freedoms in Europe. It was created by the Council of Europe and aims to ensure that individuals can seek justice for violations of their rights through a system of legal enforcement, which connects it deeply to various human rights treaties and the workings of international courts.
First Protocol of the ICCPR: The First Protocol of the International Covenant on Civil and Political Rights (ICCPR) is an additional legal instrument that complements the original covenant, focusing on the protection of individual rights, especially the right to self-determination and the right to participate in public affairs. This protocol enhances the commitment of states to uphold civil and political rights, ensuring that individuals have recourse to international mechanisms for justice when their rights are violated.
General Comments: General comments are authoritative interpretations or guidance provided by human rights treaty bodies regarding the application and implementation of key human rights treaties and conventions. These comments play a vital role in clarifying the obligations of states under these treaties, helping to ensure that human rights are upheld and protected consistently across different contexts.
Human Rights Committee: The Human Rights Committee is a body of independent experts that monitors the implementation of the International Covenant on Civil and Political Rights (ICCPR) by its state parties. This committee plays a crucial role in ensuring that states adhere to their obligations under the ICCPR, addressing issues like freedom of expression, the right to a fair trial, and protection against torture, which are foundational elements in the realm of international law and human rights.
Human Rights Council: The Human Rights Council is an intergovernmental body within the United Nations system responsible for promoting and protecting human rights around the globe. It serves as a platform for dialogue and cooperation among states, with the goal of addressing human rights violations and ensuring accountability. Established in 2006, it plays a crucial role in shaping international human rights norms and monitoring compliance with key human rights treaties and conventions.
Liberty and Security: Liberty and security refer to the balance between individual freedoms and the protection of the community from threats. In the context of human rights, this term emphasizes the need to safeguard personal liberties while ensuring that security measures do not infringe upon those rights. Striking this balance is crucial in establishing frameworks that protect individuals without compromising their fundamental freedoms.
Non-discrimination: Non-discrimination refers to the principle that all individuals should be treated equally and fairly, without discrimination based on characteristics such as race, gender, ethnicity, religion, or disability. This fundamental concept is crucial in the context of human rights treaties and conventions, which aim to protect individuals from unjust treatment and ensure equal access to rights and opportunities.
Organization of African Unity: The Organization of African Unity (OAU) was established in 1963 to promote unity and cooperation among African states, with a focus on ending colonialism and promoting development. The OAU aimed to address the political, economic, and social challenges facing the continent, serving as a platform for African nations to collaborate and assert their sovereignty in the global arena.
Progressive realization principle: The progressive realization principle is a human rights concept that emphasizes the gradual and continuous improvement of economic, social, and cultural rights over time. It recognizes that while immediate fulfillment of these rights may not always be feasible, states have an obligation to take deliberate steps towards achieving full realization. This principle is crucial in understanding how various key human rights treaties and conventions hold countries accountable for their commitments to human rights progress.
Second Protocol of the ICCPR: The Second Optional Protocol to the International Covenant on Civil and Political Rights (ICCPR) is a treaty aimed at abolishing the death penalty worldwide. It reinforces the commitment of states to uphold the right to life and prohibits capital punishment under all circumstances, establishing an international standard for human rights.
Self-determination: Self-determination is the principle that allows a group of people, often defined by shared ethnicity, culture, or historical experience, to determine their own political status and governance without external interference. This concept emphasizes the right of peoples to pursue their own economic, social, and cultural development, aligning with the values of sovereignty and human rights inherent in international law.
State obligations: State obligations refer to the legal duties and responsibilities that a country has to uphold human rights and adhere to international law, particularly as outlined in various human rights treaties and conventions. These obligations require states to respect, protect, and fulfill the rights of individuals within their jurisdiction, ensuring that both government actions and omissions do not violate these rights. They are crucial in the enforcement of human rights standards globally and establish a framework for accountability.
Torture: Torture refers to the intentional infliction of severe physical or psychological pain on an individual, often to extract information, punish, or intimidate. It is universally condemned under international law and human rights frameworks, playing a critical role in discussions around key human rights treaties and conventions that seek to prevent such abuses.
UN General Assembly: The UN General Assembly is one of the six main organs of the United Nations, composed of all member states, which meets annually to discuss and make decisions on various international issues. It plays a critical role in promoting international cooperation and addressing global challenges, including human rights, peace and security, and sustainable development.
Universal Declaration of Human Rights: The Universal Declaration of Human Rights (UDHR) is a milestone document adopted by the United Nations General Assembly in 1948, outlining fundamental human rights that are to be universally protected. It establishes a common standard of achievements for all peoples and nations, emphasizing the inherent dignity and equal rights of every individual, which connects deeply with principles of international cooperation, law, and governance.