human rights: an overview

International human rights law began as a response to the horrors of war, in particular World War II, although the Geneva Conventions had begun earlier. The formation of the United Nations gave human rights international legitimacy, particularly because many nations signed the United Nations Charter (http://www.unhchr.ch/html/menu3/b/ch-cont.htm), which specifically mentions human rights (Preamble (http://www.unhchr.ch/html/menu3/b/ch-pream.htm), Chapter I (http://www.unhchr.ch/html/menu3/b/ch-chp1.htm)). Since the formation of the United Nations, it has passed many agreements and resolutions binding the signatories to respect human rights. Additionally, it has set up tribunals to charge those suspected of aggregious violations of human rights. Furthermore, several other organizations, created by various treaties, have come into existence. The Inter-American Commission on Human Rights, for example, ensures that signatories of the American Convention on Human Rights (http://www.cidh.oas.org/Basicos/basic3.htm) abide by that treaty. The European Convention on Human Rights (http://www.hri.org/docs/ECHR50.html) binds members of the Council of Europe (http://www.coe.int/DefaultEN.asp) to the human rights obligations set forth in it. The Convention specifically mentions the Universal Declaration of Human Rights, and charges all signatories with upholding the basic principles of the document. Both the European and American Conventions on human rights have international tribunals in which to bring claims of violations of human rights. Additionally, several African nations have signed the African Charter on Human and People's Rights. Many nations have ratified international human rights instruments put forward by the United Nations. Thus, many human rights instruments, tribunals, and declarations have been created since World War II, some drawing inspiration for early human rights proclamations, such as the Universal Declaration. Human rights continues to be a growing body of international law.

Human rights are "inalienable rights of all members of the human family" (Universal Declaration of Human Rights (http://www.unhchr.ch/udhr/index.htm)). Thus, human rights are, in principle, applicable to every person, regardless of their nationality. The Universal Declaration gives an example of the substance of human rights agreements (although it is not itself a treaty, many nations have agreed to abide by its principles, and it serves as an inspiration for treaties on human rights). Specifically, the Universal Declaration calls on nations to respect the rights to life, liberty, and security (Article 3). It also states that no person should be enslaved, tortured, or deprived of the right to a trial before a "national tribunal." Thus the Declaration proclaims negative rights, whereby national governments may not engage in certian activities against persons. Positive rights are also part of the Declaration. It states that everyone should enjoy the right to an education and basic standards of living. In doing so, it calls on nations to provide for all of their citizens without discrimination. Human rights, in substance, are protections against abuses by all states, and guarantees that people shall receive benefits from states. (Henkin, L. et al., Human Rights, pg. 6 (1999)).

Documents such as the Universal Declaration of Human Rights proclaim the ideals of nations aspiring to respect the human rights of people of all nations. Legally, however, human rights are protected by treaties, where nations agree to abide by certain restrictions on their conduct and to uphold certain freedoms and basic needs for citizens. Thus, international human rights law, through treaties, acts upon states. Commissions and other bodies monitor compliance with these treaties. The enforcement of human rights treaties naturally requires nations to comply with the terms of their agreements. Groups of nations, such as the United Nations and the Council of Europe may impose sanctions or other measures against recalcitrant states to ensure compliance. Individuals may also be held accountable for human rights violations if they are brought before an international tribunal. A notable example is the International Criminal Tribunal for the former Yugoslavia, which was set up to charge officers of the Serbian military who had allegedly committed war crimes during the breakup of Yugoslavia. It drew precedent from the Nuremburg Tribunals. The law of human rights is therefore an international body of law of treaties and cases from international tribunals, although individual states may have laws that protect what are traditionally thought of as human rights.

The United States protects the human rights of its citizens, as well as being a party to certain human rights treaties. The [www.law.cornell.edu/constitution Constitution of the United States] guarantees basic freedoms, such as equal protection under the laws, to all United States citizens (Amendment XIV (http://www.law.cornell.edu/constitution/constitution.amendmentxiv.html)). Additionally, the United States has passed legislation further protecting the human rights of its citizens. A good example is civil rights legislation (Title 42, Chapter 21 of the U.S. Code). The United States is also bound by treaty obligations. It has ratified the four Geneva Conventions of 1949, is a member of the United Nations, and has signed and/or ratified other human rights agreements. A list of major human rights instruments that the United States has signed or ratified can be found here (http://www.unhchr.ch/pdf/report.pdf). The United States thus has domestic and international obligations to protect human rights.

menu of sources

International Material

Selected International Human Rights Instruments

• Universal Declaration of Human Rights (http://www.unhchr.ch/udhr/index.htm)
• International Covenant on Economic, Social, and Cultural Rights  (http://www.unhchr.ch/html/menu3/b/a_cescr.htm)
• International Covenant on Civil and Political Rights (http://www.unhchr.ch/html/menu3/b/a_ccpr.htm)
• United Nations Charter (http://www.unhchr.ch/html/menu3/b/ch-cont.htm)
• Proclamation of Teheran (http://www.unhchr.ch/html/menu3/b/b_tehern.htm)
• Geneva Conventions
• International Convention on the Elimination of All Forms of Racial Discrimination  (http://www.unhchr.ch/html/menu3/b/d_icerd.htm)
• Convention on the Prevention and Punishment of the Crime of Genocide (http://www.unhchr.ch/html/menu3/b/p_genoci.htm)
• ILO Convention on the Abolition of Forced Labor (http://www.unhchr.ch/html/menu3/b/32.htm)
• Convention on the Political Rights of Women (http://www.unhchr.ch/html/menu3/b/22.htm)
• Convention Against Torture and Other Cruel, Inhuman or Degrading Punishment (http://www.unhchr.ch/html/menu3/b/h_cat39.htm)
• American Convention on Human Rights (http://www.cidh.oas.org/Basicos/basic3.htm)
• European Convention on the Protection of Human Rights and Fundamental Freedoms (PDF) (http://www.echr.coe.int/NR/rdonlyres/D5CC24A7-DC13-4318-B457-5C9014916D7A/0/EnglishAnglais.pdf) (Other Languages (http://www.echr.coe.int/Convention/Convention%20countries%20link.htm))

Selected International Venues for Enforcing Human Rights Law

• International Court of Justice (http://www.icj-cij.org/) (Cornell Law Library Mirror Site (http://www.lawschool.cornell.edu/library/RESOURCES/International_Resources/icj/)) (Hears Claims of Human Rights Violations under the UN Charter)
• United Nations High Commissioner on Human Rights (http://www.ohchr.org/english/) (UN Commission)
• Human Rights Committee (http://www.unhchr.ch/html/menu2/6/hrc.htm) (Treaty Monitoring Body)
• Inter-American Commission of Human Rights  (http://www.cidh.oas.org/DefaultE.htm)(Treaty Monitoring Body)
• European Court of Human Rights (http://www.echr.coe.int/) (Hears Claims of Human Rights Violations under the The European Convention on Human Rights of 1950 (http://www.hri.org/docs/ECHR50.html))
• European Court of Justice (http://www.curia.eu.int/en/instit/presentationfr/index_cje.htm) (High Court of the European Union)

Selected International/National Organizations that Monitor and Seek to Enforce International Human Rights Law

• International Federation of Red Cross and Red Crescent Societies (http://www.ifrc.org/)
• Amnesty International (http://www.amnesty.org/)
• Human Rights Watch (http://www.hrw.org/)
• Human Rights First (http://www.humanrightsfirst.org/)
• Physicians for Human Rights (http://www.phrusa.org/)
• InterAction (http://www.interaction.org/)
• International Justice Mission (http://www.ijm.org/)

Other References

Key Internet Sources

• The International Center for the Legal Protection of Human Rights (http://www.interights.org/)
• American Society for International Law Guide to Human Rights (http://www.asil.org/resource/humrts1.htm)
• United Nations Human Rights Page (http://www.un.org/rights/)
• University of Minnesota Human Rights Library (http://www1.umn.edu/humanrts/)
• Council of Europe Directorate General of Human Rights (http://www.coe.int/T/E/Human_rights/)
• U.S. State Department on Human Rights (http://www.state.gov/g/drl/hr/)
• European Court of Human Rights Case Law Database (http://hudoc.echr.coe.int/)
• Center for the Study of Human Rights (http://www.columbia.edu/cu/humanrights/)
• Harvard Human Rights Journal (http://www.law.harvard.edu/students/orgs/hrj/) (Harvard Law School)
• Human Rights Law Review (http://www.columbia.edu/cu/hrlr/) (Columbia University)
• Buffalo Human Rights Law Review (http://wings.buffalo.edu/law/bhrlr/) (University at Buffalo Law School)
• Yahoo Directory of Human Rights Organizations (http://dir.yahoo.com/Society_and_Culture/Issues_and_Causes/Human_Rights/Organizations/)
• List of International Human Rights Instruments of the United Nations (http://www.unhchr.ch/html/intlinst.htm)
• Treaty Monitoring Bodies of the United Nations (http://www.ohchr.org/english/bodies/monitor.htm)

Print Sources

• Henkin, L., Newman, G.L., Orentlicher, D.F., and Leebron, D.W. Human Rights. Foundation Press, 1999. New York, NY.
• Rehman, Javaid. International Human Rights Law: A Practical Approach. Pearson Education Limited, 2003. Harlow, England.

other topics

• International law
• LII Backgrounder on the Geneva Conventions
• LII Backgrounder on Terrorism (http://www.law.cornell.edu/background/terrorism.htm)