What are Human Rights?

This course is about Human Rights. Human Rights are something that you have simply because you are a
Human Being. Our understanding of these rights have changed over the centuries, as we will see, but today
they are considered inherent to all Human Beings. This means that they cannot be separated or removed
from us. Therefore we should be able to enjoy them without any differences based on race, colour, sex,
language, religion, political opinion, location, history, property, birth or any other status.

Human Rights and the Law

Originally, Human Rights were thought of as moral rights, or the standards of right and wrong behaviour.  In
this course we will look at how these have changed over time to become not only moral standards, but also
legal rights for people everywhere.

The formal expression of human rights is called international human rights law. Human rights law protects
our Human Rights for both individual people and for groups of people. It protects us against anybody who
tries to prevent us from enjoying these inherent rights, our fundamental freedoms and human dignity.

The United Nations (UN) was created in 1945 CE. This became the place to develop and adopt new legal
documents on these inherent Human Rights. African, Asian, Arab, Latin American regions have created other
documents for themselves which look after the Human Rights of the people in that area. The wording used
in Human Rights Law is often used to create these national and regional documents.

International Human Rights Law makes countries responsible for their actions or inactions. It stops them
from doing things that may harm the people in the country. Individuals or groups of individuals’ inherent
human rights are protected by this law.

The internet is full of information on the human rights. One place among others where you can find a lot of
this information is ‘The United Nations’ website.

Treaties
International Human Rights law places an obligation or duty on States to respect and to protect the human
rights of those who are under their jurisdiction (this means the people  that (usually) live or are in their
territory or inside their borders). International human rights law consists mainly of treaties and customs,
which are the two main sources of law.
A treaty is an agreement by States to be bound by particular rules. International treaties have different
designations or names such as covenants, charters, protocols, conventions, accords and agreements. A
treaty is legally binding on those States which have consented (usually this means that they have signed it)
to be bound by the provisions or articles – in other words they are party to the treaty. Saying that a State is
‘bound by the provisions of a treaty’ means that the State has to do what is written in the treaty because it
agreed to do so when they became a party to the treaty.  If they do not, there could be
legal consequences (for example being sued before international courts).

How do you become a party to a treaty?

A State can become a party to a treaty by ratification, accession or succession.

 Ratification is when the country formally says yes to the treaty and the articles (sometimes not all of them).
This only happens when the government of the country has agreed to the treaty, and then that agreement is
formally communicated to the organisation in charge of the treaty, which may be another country or a body
like the United Nations (UN) Secretariat.
- Accession is when a country which has not participated in the creation of the text of the treaty is invited to
sign and join a treaty.
 A country may also become party to a treaty by succession. This happens when a new country is created.
Can you find any examples of this?
Below is an example of articles from the International Covenant on Civil and Political Rights. Please read it
and look at the type of language used. Is it easy to understand? Try using the dictionary on the righthand
side of the screen to help you understand. Hint - this might help in answering the questions in Activity Four
also.
Article 4

1. The present Covenant is open for signature by any State Member of the United Nations or member of any
of its specialized agencies, by any State Party to the Statute of the International Court of Justice, and by any
other State which has been invited by the General Assembly of the United Nations to become a Party to the
present Covenant.

2. The present Covenant is subject to ratification. Instruments of ratification shall be deposited with the
Secretary-General of the United Nations.

3. The present Covenant shall be open to accession by any State referred to in paragraph 1 of this article.

4. Accession shall be effected by the deposit of an instrument of accession with the Secretary-General of the
United Nations.

5. The Secretary-General of the United Nations shall inform all States which have signed this Covenant or
acceded to it of the deposit of each instrument of ratification or accession.

Article 49

1. The present Covenant shall enter into force three months after the date of the deposit with the Secretary-
General of the United Nations of the thirty-fifth instrument of ratification or instrument of accession.

2. For each State ratifying the present Covenant or acceding to it after the deposit of the thirty-fifth
instrument of ratification or instrument of accession, the present Covenant shall enter into force three
months after the date of the deposit of its own instrument of ratification or instrument of accession.

Custom
Customary international law describes a constant and uniform practice followed by countries, a practice that
they follow because they believe that it is their obligation in law to follow it. This belief is called opinio
juris in Latin. For example, the Universal Declaration of Human Rights is not a treaty, but a part of
a Resolution (the official opinion) of the UN General Assembly. Most of its articles or provisions reflect the
customary international law because most countries follow them, or when they don’t follow them, they
recognize that they are doing wrong.

It can be difficult identifying customary law; many questions must be asked: Is this practice constant through
many years? Is this practice followed by the majority of countries? Does that practice reflect the opinio juris
of the countries?

Finally, besides treaty and customary law, other sources of law exist.

As stated in Article 38, paragraph one, of the Statute of the International Court of Justice, the other sources
of law are:

1. the general principles of law recognized by civilized nations (e.g. principle of good faith);
2. judicial decisions (e.g. by the International Court of Justice), and;
3. the teachings of most highly qualified publicists.

It is important to note that the writings of publicists are not formal sources and are not legally binding.

Historical Background

Human Rights have their beginnings since before we started counting time. However, it is only about 70
years since the UN was formed. The historical development of human rights can be seen through some
documents that have emerged over time.

The Code of Hammurabi

The preamble to the constitution of Iraq, as adopted in 2005, stipulates that

on our land, the first law put in place by mankind was written; in our nation, the most noble era of
justice in the politics of nations was laid down

The drafters of the constitution were referring to the written body of laws known as the Code of
Hammurabi, issued by King Hammurabi (1810–1750 BCE) of ancient Babylon. The code was a systematic
compilation of earlier judgments, many of which dealt with enforcement of contracts, including the marriage
contract. On matters of criminal justice, those accused must be caught in the act, and unfair judges were to
be fined and removed from their positions. However, some provisions among the 283 entries were harsh,
for example setting the death penalty for false testimony by a witness or for a house builder whose home
collapses on a dweller.

The Torah: The Torah, as first revealed by Moses (c.1304–1237 BCE), contains a legal code of 613
commandments, in which the prohibition on bearing false witness is a human rights element, as is the
commandment to help the destitute and needy. However, the Torah’s recognition of slavery is at variance
with contemporary human rights principles, and the “eye for an eye” acceptance of capital punishment is
widely opposed in Europe today.
The Charter of Cyrus: In 539 BCE, Cyrus the Great (580–530 BCE) entered Babylon and proclaimed what is
now known as the Charter of Cyrus, which has been claimed as the first human rights document because
the word “rights” specifically appears therein. The text proclaims few rights, but the most notable are
religious freedom and cultural toleration. In addition, land could be taken over only with just
compensation to the owner, forced labor was banned, and slavery was abolished. The democracy that
flourished in Athens during the fifth century bce was unprecedented in allowing male citizens to vote,
participate in a legislature, and serve in executive positions, though a pragmatic aim was to provide a
forum in order to enlist support from the people to pay taxes for war.

The Edicts

The Edicts of the Indian emperor, Asoka (304–232 BCE), as carved on stone pillars, provide a clue to an
advocacy of human rights that focused on relief from suffering. Among the principles stated are humane
treatment of prisoners, religious toleration, and impartial justice. Other edicts opposed capital
punishment and torture of humans as well as animals.

The Christian Gospels

The Christian Gospels of Matthew, Mark, Luke, and John, as recorded after the death of Jesus of Nazareth
(c.4 BCE – 34 CE), contains clear statements about the obligation to attend to the needs of the poor, a hint
about opposition to capital punishment for adultery, but no condemnation of the human rights injustices
associated with the arrest and interrogation of Jesus. The denial of freedom of speech, indignities after his
arrest, and the crucifixion were implicitly accepted as predestined.

The Constitution of Medina

Perhaps the first written constitution is the Constitution of Medina, in which the prophet Mohammed
(570–632 CE) regulated the government of the Medina city-state, when Christians, Jews, Muslims, and
pagans lived together peacefully. No person is allowed to be left in poverty, according to the Constitution,
but murder is to be avenged with murder.

The Law of the Twelve Tables to the Corpus Juris Civilis

The Romans were prolific in legal matters but did not recognize human rights. From the Law of the Twelve
Tables (450 BCE) to the Corpus Juris Civilis (533 CE) of Emperor Justinian I (483–565 CE), Roman law
mostly codified property rights, with more privileges accorded to persons of higher status.

The Magna Carta

 On June 15, 1215 CE, King John of England (1166–1216 CE) signed the Magna Carta (latin for ‘the Great
Charter’), under duress, which acknowledged that monarchs no longer had absolute power. The Magna
Carta placed the King on an equal footing with the nobility, and made the powers of the monarch subject
to law. One extraordinary provision was that a council of 25 barons could meet at any time to overrule any
action by the king. In addition to a separation of power between the institutions of the monarchy and the
nobility, the Magna Carta provided that the executive authority could arrest nobles, but they had a right to
defend themselves in judicial proceedings conducted in accordance with the law, including a trial with a
jury consisting of fellow nobles; some 90 years later the procedure was known as the writ of habeas
corpus. The king, under Magna Carta, could not levy taxes without the approval of the barons. The barons
then took an oath to respect the king, who in turn swore to respect baronial power. The significance of the
signing of the Magna Carta was to limit the absolute authority of rulers by writing down limits to the
powers of government in the form of a contract. Although the English nobles coerced King John into
signing the Magna Carta, few rulers elsewhere were forced to limit their power for several centuries.

The French Declaration of the Rights of Man

Later on, some of the great philosophers of eighteenth- and nineteenth-century Europe focused on the
idea of a body of so-called natural rights, i.e. rights which should be enjoyed by all human beings. They
developed a corpus of basic rights, many of them found legal expression at the end of the eighteenth
century when the United States and France, respectively, adopted statements on rights when proclaiming
the independence of the former British North American colonies and when establishing the first French
Republic following the 1789 revolution. The French Declaration of the Rights of Man (1789 CE) begins by
stating that ‘Men are born and remain free and equal in rights. The Declaration notably addresses the
concept of liberty, the exercise of the rule of law, fair trial processes, the right to free communication of
ideas and opinions. The Declaration remains a cornerstone of the French Constitutions.

The Bill of Rights

The United States Bill of Rights – i.e. the first ten amendments which were ratified in December 1791 –
refers to, among other things, freedom of religion, due process and fair trial, freedom of persons and
property. These rights remain the foundation of the United States Constitution today.

The Role of International Law

Originally, individual people were considered the 'property' of the country in which they lived and the way a
country treated its own people was an issue for that country only. Other countries could not interfere with
these decisions. There were, however, some exceptions to that. Indeed, customary international law has
progressively recognized that some individuals deserved protection.

The Law of Aliens

  Any person who moves to another country is called an alien (not the type in the image on the left).
Originally, this law stated that an alien entering the country should have the same rights as any other person
of that country who already lives there. However, over time a new standard has been recognized by most of
the States: the International Minimum Standard of Treatment. According to this new standard, aliens must
see their minimum rights to be respected and could even get more rights that those living in that country
(what is the case, for example, if the minimum rights of the nationals are not respected).
Diplomatic Laws
Kings used to send messages by messenger – the messengers were always protected so that they could take
messages back (sometimes that ‘message back’ was their own head in a bag but…). Today, Prime Ministers,
Presidents and people working in their embassies have the same freedom and protection in other countries
because they represent their country.
nternational Humanitarian Law

This law protects people during and after war. It is based on centuries of customary international law. Today
the laws are based partially on customary laws and partially on treaties (e.g. the Geneva Conventions). These
laws have a large impact on the Human Rights of soldiers, prisoners of war and the civilians during and after
wartime. Injured soldier should be cared for, prisoners of war should be treated humanely without
discrimination and civilians should not be attacked by the military.

Anti-Slavery Law

Since the early nineteenth century, international opinions about slavery have changed. In that short period
of time from then to now, many countries have gone from having slaves to making it illegal. This shows that
governments have become more responsible for individual safety and security. It also suggests that the
liberty and personal freedom has become an inherent right. Nevertheless practices such as human
trafficking and forced labour and child labour continue.

Minority Rights
Small groups in society have the usual inherent human rights we all enjoy, but they also receive special
protection because they are a minority or a small percentage of the population. This is to stop the
government treating them in an unfair manner. Protection for Minorities began in the 19 th Century and lead
up to the creation of the League of Nations in 1919. However, the League of Nations was not able to prevent
some of the war crimes of World War Two, and this became one of the forces that lead to the creation of
the UN.

On the way to the United Nations

Article 23 of the 1919 Covenant of the League of Nations comes closest to a provision on human rights. It
states that members of the League are to “… secure and maintain fair and human conditions of labour for
men, women, and children” and “… to secure just treatment of the native inhabitants of territories under
their control.” In other words, men, women and children must be given fair working conditions and that all
people were to be treated the same as the people who were born in that country.
After World War I, the International Labour Organisation (ILO) was created in 1919. The ILO had many jobs
but two of their main concerns were harsh working conditions and the exploitation of children. Some of the
first conventions they wrote included working hours and working conditions for women and children. The
ILO has continued to set standards amongst member nations and, in 1969, won a Nobel Peace Prize for this
work.

However, protection was most often for small groups or sections of society. The genocidal practices of the
Nazi Party during World War 2 cause nations to ‘change tack.’ Minority and sectoral protection was replaced
by a global attempt to secure basic rights for all, without distinction. The UN was formed at this time.

The United Nations impact on International Human Rights

The League of Nations was replaced by the United Nations in 1945.  Besides taking over the responsibilities
of the League of Nations, the UN needed to sort out the many problems left behind after the war. These
included the massive number of refugees living in other countries and the mass violations of human rights.
The constitution of the United Nations is called UN Charter.  One of the paragraphs of the Preamble of the
UN Charter states:

We the peoples of the United Nations determined to save succeeding generations from the scourge of war,
which twice in our lifetime has brought untold sorrow to mankind, and to reaffirm our faith in fundamental
human rights, in the dignity and worth of the human person, in the equal rights of men and women and of
nations large and small… have resolved to combine our efforts to achieve these aims…
The primary function of the United Nations is international peace and security. However, it is accepted that
achievement of a respect for human rights and inherent freedoms is a part of the maintenance of peace in
general. And so, for that reason, references to human rights were made in the UN Charter.

The UN Charter - Articles 55 and 62 of Chapters IX and X

Including references to Human Rights in the UN Charter was very unusual at the time. This meant that the
rights of individuals were now seen as something that needed to be protected by international law.
Individual countries suddenly had complete responsibility for their citizens and they now had the UN
watching them.

Because the UN included universal respect for human rights in the Charter, they needed to define an
institutional framework or guidelines to work from. Chapter IX and Chapter X of the UN Charter give some
details on that framework.

To help with the international understanding of inherent Human rights, the UN created a group, called a
Commission, for the protection of human rights. This Commission was established in the late 1940s. They
created a ‘draft committee’ whose job was to write the first draft of the Universal Declaration of Human
Rights. Their final version was accepted on the 10th of December 1948 by the UN General Assembly. It is
important to note that in 2006 the Human Rights Council was formed, in Geneva, and has replaced the
Commission for the protection of human rights.

Today, there are many connected institutions that watch over international human rights issues and any
violations. These institutions and how they connect with the UN will be covered in sessions two and three.
CHAPTER IX: INTERNATIONAL ECONOMIC AND SOCIAL CO-OPERATION

 
Article 55
With a view to the creation of conditions of stability and well-being which are necessary for peaceful and
friendly relations among nations based on respect for the principle of equal rights and self-determination of
peoples, the United Nations shall promote:
  a. higher standards of living, full employment, and conditions of economic and social progress and
development;
  b. solutions of international economic, social, health, and related problems; and international cultural and
educational      cooperation; and
  c. universal respect for, and observance of, human rights and fundamental freedoms for all without
distinction as to race, sex,    language, or religion.
FUNCTIONS and POWERS
Article 62

1. The Economic and Social Council may make or initiate studies and reports with respect to
international economic, social, cultural, educational, health, and related matters and may make
recommendations with respect to any such matters to the General Assembly to the Members of the
United Nations, and to the specialized agencies concerned.
2. It may make recommendations for the purpose of promoting respect for, and observance of, human
rights and fundamental freedoms for all.
3. It may prepare draft conventions for submission to the General Assembly, with respect to matters
falling within its competence.
4. It may call, in accordance with the rules prescribed by the United Nations, international conferences
on matters falling within its competence
Session Two: The International Bill of Human Rights
Introduction
Since its beginning in 1945, the UN has worked hard to protect and promote human rights worldwide. As
discussed in Session One, perhaps the most important step was the signing of the Universal Declaration of
Human Rights on December 10, 1948. However, this was not a treaty and therefore not legally binding.
Eighteen years later the international community agreed to two international treaties. They are the
International Covenant on Civil and Political Rights (ICCPR), and the International Covenant on Economic,
Social and Cultural Rights (ICESCR) and they are legally binding once signed or ratified by member States.

Therefore the International Bill of Human Rights consists of:

 The Universal Declaration of Human Rights
 The International Covenant on Civil and Political Rights (and its two Optional Protocols)

 The International Covenant on Economic, Social and Cultural Rights (and its Protocol)

The international Bill of Human Rights is cited as being:

“…the ethical and legal basis for all the human rights work of the United Nations… the foundation upon
which the international system for the protection and promotion of human rights has been developed.”
(OHCHR, Fact Sheet No 22, at 3) and “…a milestone in the history of human rights, a veritable Magna Carta
marking mankind’s arrival at a vitally important phase: the conscious acquisition of human dignity and
worth.” (OHCHR, The International Bill of Rights Fact Sheet 2, Rev 1)

The Covenants, because they are legally binding, are sometimes used in courts. Principles in the
International Bill of Human Rights have been used in the International Court of Justice when countries have
been asked to explain what they have done to their citizens. National courts may also use them directly.
However, as national laws are often based on parts of the International Bill of Human Rights, they are often
used this way as well.

The Universal Declaration of Human Rights

Article 68 of the UN Charter says that the Economic and Social Council (ECOSOC – one of the six principal
organs of the UN) will set up a commission to look into the promotion of human rights. The Commission
created something called a formal Drafting Committee. This means they created a group whose job was to
create a first draft of the Universal Declaration of Human Rights.

The group contained seven famous people chosen because they came from every region of the world, and
included a wide selection of religions and cultural backgrounds. They worked on the draft from January 1947
to December 1948. They then gave it to ECOSOC. ECOSOC then asked governments what they thought and
made changes based on their input.

Drafting Committee Members

 Eleanor Roosevelt, the first lady and chairman of the Committee
 Charles Malik, Lebanese diplomat, speaker of the League of Arab
States
 Rene Cassin, French laureate of the Peace Nobel Prize
 Peng-Chun Chang, Chinese diplomat
  John P. Humphrey from Canada
 Carlos Romulo, from the Philippines, winner of the Pulitzer Prize
Is the Declaration important and binding?

A declaration by the UN General Assembly is not, by definition, legally binding on

the member nations – a declaration is not a treaty, unlike the two Covenants.

However, Judge Ammoun, one of the judges on the International Court of Justice,
said that the provisions of the Declaration “… can bind States on the basis of
custom… whether because they constituted a codification of customary law … or
because they have acquired the force of custom through a general practice
accepted as law.” (1971).

In other words, nations are bound by the provisions of the Declaration because
they reflect customary law, and custom is a source of law.

Although not all rights in the Declaration reflect the customary law, most of them
do and they are therefore binding. One clear example is the ban on torture or
prohibition of slavery. Such behaviour is rejected by all cultures and religions these
days.

The declaration is a very important document. Here are some of the reasons why.

 This was the first time an organized community of nations had made a
declaration of human rights and fundamental freedoms.

 The Declaration makes clear that the human rights and fundamental
freedoms are for all men and women everywhere.

 Many nations have not signed the International Covenants. Therefore the
Declaration may be the only guideline they have.

 Reference to the Declaration is often made in the Constitution of the

countries.

 It provides a valuable framework from which many other legally binding

treaties are written. For example:

o The International Covenant on Civil and Political Rights;

o The International Covenant on Economic, Social and Cultural Rights;

o The International Convention for the Elimination of All Forms of

Racial Discrimination;
 o The Convention on the Elimination of All Forms of Discrimination
Against Women, and

o The United Nations Convention on the Rights of the Child.

 Regional organizations, such as the League of Arab States, all refer to the
Universal Declaration in the Preamble or introduction of their own Human
Rights documents.

The content of the Universal Declaration

As discussed in Session One, Articles are like ‘points’ in important documents, and we have just seen that a
preamble is like an introduction. The Preamble of the Universal Declaration of Human Rights states that
dignity and equal, inalienable human rights are the foundation of worldwide freedom, justice, and peace.
Article 1 of the Declaration guarantees equality to all people. Article 2 states that because we are all equal,
we cannot discriminate on any grounds. Articles 1 and 2 are at the foundation of the human rights policy of
the United Nations.

However, the most fundamental of all rights is Article three

"Everyone has the right to life, liberty and security of person."

The right to liberty is further clarified and expanded in the following Articles of the
Universal Declaration:

 Slavery and the slave trade is prohibited (Article 4)

 All people have the right to freedom from torture and similar treatment
(Article 5)

 All people have the right to freedom of movement and residence

throughout their State (Article 13)
 All people have the right to a nationality, and the right to seek asylum from
persecution in a different country. (Articles 14 & 15)

Also, the Government will not interfere with an individual’s home

 The Government will not interfere with an individual’s mail

 The Government will not interfere with an individual’s family
 The Government will not interfere with an individual’s reputation
 The family is the natural unit of society and will be protected and respected
 Men and Women are entitled to get married
  Men and Women are entitled to have a family
 Freedom is protected. This includes -
 Freedom of thought
 Freedom of conscience
 Freedom of religion
 Freedom of opinion
 Freedom of expression
 Freedom of assembly
 Freedom of association

The United Nations International Covenants of 1966

Originally, three documents were suggested to be part of the International Bill of

Human Rights: a Declaration, a Covenant and a Measures of Implementation (a way
of checking how much progress has been made). This did not happen. Finally, the
General Assembly of the UN agreed to the two Covenants to expand the rights in
the Universal Declaration.

The two Covenants – the International Covenant on Civil and Political Rights
(ICCPR), and the International Covenant on Economic, Social and Cultural Rights
(ICESCR) – were accepted by the General Assembly in 1966 and became legally
binding for State Parties in 1976. It was intended that the two covenants would
become more important than the Declaration because they were legally binding.
However, not all nations have signed the two Covenants. This means the Universal
Declaration is, for these non-signatory nations, often the only possible document
we can use to guide nations in their responsibility to their citizens.

The United Nations Human Rights Interactive Map of the Status of Ratification of
Human Rights Treaties.
The main differences between the Universal Declaration and the two Covenants

1. The two Covenants are two treaties; they are legally binding upon the
nations party to the Covenants. Formally, the Universal Declaration is not
a treaty, although most of its provisions reflect the customary law.

2. The provisions of the Covenants expand upon the rights written in the
Declaration, as illustrated below with the right to life

Right to life – Art. 3 of the Universal Declaration

Everyone has the right to life, liberty and security of person.

Right to life – Art. 6 of the ICCPR

 1. Every human being has the inherent right to life. This right shall be
protected by law. No one shall be arbitrarily deprived of his life.
2. In countries which have not abolished the death penalty, sentence of death
may be imposed only for the most serious crimes in accordance with the law
in force at the time of the commission of the crime and not contrary to the
provisions of the present Covenant and to the Convention on the Prevention
and Punishment of the Crime of Genocide. This penalty can only be carried
out pursuant to a final judgement rendered by a competent court.
3. When deprivation of life constitutes the crime of genocide, it is understood
that nothing in this article shall authorize any State Party to the present
Covenant to derogate in any way from any obligation assumed under the
provisions of the Convention on the Prevention and Punishment of the Crime
of Genocide.
4. Anyone sentenced to death shall have the right to seek pardon or
commutation of the sentence. Amnesty, pardon or commutation of the
sentence of death may be granted in all cases.
5. Sentence of death shall not be imposed for crimes committed by persons
below eighteen years of age and shall not be carried out on pregnant
women.
6. Nothing in this article shall be invoked to delay or to prevent the abolition of
capital punishment by any State Party to the present Covenant.

A family of universal rights

According to some sources the ICCPR contains ‘first-generation’ human rights. This
means that the rights included in the ICCPR are those that could be called
fundamental or basic human rights and available to any person in any fair
democratic society. These rights have come from the French and American
Declarations of the Eighteenth century (see session 1). They are universally
recognized and accepted. States must act immediately to ensure their respect.
These rights include the right to life, the right to liberty, the right to a fair trial
before an independent and impartial court, and fundamental freedoms (e.g.
freedom of expression).

On the other hand, the ICESCR has so-called ‘second-generation’ human rights.
These rights evolved in the latter stages of the nineteenth century with social
changes in Europe. Such rights are more idealistic in nature, meaning that they aim
at perfection which may not be achievable. This may be especially difficult for
developing nations. They include the right to education, the right to appropriate
housing, the right to social security, and the right to a safe and healthy working
environment, and adequate leisure and rest time.

So-called ‘third-generation’ human rights are much more recent. They are group
rights, also called the rights of peoples or solidarity rights: rights which may be
exercised collectively. They include the right to self-determination, the right to an
environment conducive to development.
 It is important to mention, however, that, like any family, the different generations
may be viewed as combined into a single solitary unit, in this case, the universal
rights of all human beings: human rights are indivisible and interdependent in the
sense that respect for civil and political rights involves elements of economic,
cultural and social rights whilst full and active enjoyment of economic, social and
cultural rights requires the enjoyment of civil and political freedoms.
The International Covenant on Civil and Political Rights

The ICCPR essentially expands the rights included in Articles 1-21 of the Universal
Declaration (This will be covered in depth in Session 6):

 The right to life is clearly stated.

 The prohibition on slavery and torture is clearly stated.

 The rights of prisoners and their right to a fair trial are included in more
detail than in the Universal Declaration.

 Freedom of thought, conscience, and religion is included; as is the freedom

of expression and holding opinions. The prohibition of war propaganda and
racial hatred is also clearly stated.

 Assembly and association is expanded allowing restrictions only when legal

and necessary in a democratic society (see session 5).

 Children are to be appropriately protected.

 The democratic rights of participation in government are included.

The ICCPR makes clear the obligations of those nations who sign the treaty. According to Article 2, nations
must:

 respect and ensure the rights set out in the Covenant of all individuals within its territory and or
under its protection;

 adopt law and other measures to enforce the rights set out in the Covenant;

 ensure that every person whose rights are violated has access to appropriate avenues of
compensation or justice.

To make sure that the ICCPR is implemented, Article 28 established a Human Rights Committee. Nations
submit reports on what they have done to ensure that the rights set out in the Covenant are followed

The International Covenant on Economic, Social and Cultural Rights

Unlike the ICCPR, the rights and freedoms stated in the ICESCR are not immediate.
They require nations to take steps by their selves, with the support of international
agencies like the UN. That is why Article 2 simply says that nations must:
 “…take steps, individually and through international assistance and co-
operation, especially economic and technical, to the maximum of its
available resources, with a view to achieving progressively the full
realization of the rights recognized in the present Covenant by all
appropriate means…”

The ICESCR sets out the rights and freedoms detailed in Articles 22-27 of the
Universal Declaration (for an in-depth analysis, see session 7). Here are some
examples.

 The right to work and earn a living is stated in the Covenant. However, this
is dependent on appropriate training and vocational programmes and the
availability of jobs.

 Other rights include an adequate standard of living, food, physical and

mental health, education, and a rich cultural life.

Implementation is reported through periodic reports sent to the Committee on

Economic, Social and Cultural Rights.

Universal instruments inspired by the International Bill of Human Rights

The International Bill of Human Rights has inspired two sets of international
treaties and Declarations (we call them instruments) each dealing with particular
rights, groups of individuals or circumstances:

 The Core International Human Rights instruments. Each of these

instruments has a committee of experts to monitor implementation of the
treaty provisions by its member nations.
 The Non-Core Universal Human Rights Instruments

Conclusion

The international human rights framework can be shown as a tree. The trunk
represents the Universal Declaration of Human Rights. The main branches illustrate
the two Covenants which expand the rights stated in the Universal Declaration. The
leaves and smaller branches represent the international human rights instruments
dealing with particular rights, groups of people or circumstances. As we now know,
human rights have not been created from nothing nor overnight, but they have
been slowly built from many different religions, cultures, civilisations, traditions,
philosophies, and ideologies: these are represented by the roots.