Arba Minch University

school of law
Assignment on international human rights law

International human rights course summary

By Sisay Demelash, Id ID –PWLS/034/15

Submitted To Belayneh / PHD candidate /

Feb ,2023
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 International human rights course summary
 Definition of human right:- human rights are rights inherent to all human beings,
regardless of race, sex, nationality, ethnicity, language, religion, or any other status.
That means everyone is entitled to these rights, without discrimination. Human rights
differ from other rights in two respects. That is:- The first is its characterization. Human
rights are characterized as human rights are inalienable. This means that any being
cannot lose them, because they are linked to the very fact of human existence. Human
rights are inherent to all human beings. Human rights are indivisible, interdependent
and interrelated. Human rights are universal and equally applicable to all beings. The
second unique that make human rights different from other rights is the main duties
deriving from human rights fall on states and their authorities or agents, but not on
individual. Duty bearers are those responsible for promoting, respecting and fulfilling
human rights. The idea of basic rights originated from the need to protect the individual
against the (arbitrary) use of state power. Attention was therefore initially focused on
those rights which oblige governments to refrain from certain actions. So, the logic
behind human rights are needed is to protect and preserve every individual's humanity,
to ensure that every individual can live a life of dignity and a life that is worthy of a
human being against the arbitrary use of state power over individual.

The government not only has an obligation to refrain from violating human rights, but also has
a duty to protect the individual from infringements by other individuals. For example, the right
to life thus means that the government must strive to protect people against homicide / by
making criminal law / by their fellow human beings. And also government should refrain from
taking life of individual without due process of law. Human rights conventions like, ICCPR is
obliges governments to protect individuals against unlawful interference with their privacy.
Another,(CERD), which obliges states to prevent racial discrimination between human beings.
State obligations regarding human rights may involve desisting from certain activities or acting
in certain.

 Classification of Human Rights: Human rights have been classified in a number of

different ways. Regardless of its classification, international human rights law stresses
that all human rights are universal, indivisible and interrelated. The indivisibility of
human rights implies that no right is more important than any other. Classic and Social
Classification: This classification is based on the nature of the state obligation. Classic
(civil) rights are often seen to require the non-intervention of the state (negative
obligation to government). Classic rights entail an obligation for the state to refrain from
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certain actions. Social rights’ is as requiring active intervention on the part of the state
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(positive obligations). It obliges state to provide certain guarantees .Civil, Political,

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 Economic, Social and Cultural Rights: This classification is based on the nature of rights
on government / positive and negative rights/. Civil rights are rights like the right to life,
liberty and security of the person, protection from torture and inhuman treatment,
slavery and ….. so on. The right to equal treatment and protection in law certainly
qualifies as a civil right. Due process rights like the right to a public hearing by an
independent and impartial tribunal civil rights. Political rights are among other include
freedom of expression, freedom of association and assembly, the right to take part in
the government of one’s country and the right to vote and stand for election at genuine
periodic elections. Economic rights provide the conditions necessary for prosperity and
wellbeing. Economic rights refer, for example, to the right to property, the right to work,
which one freely chooses or accepts, the right to a fair wage, a reasonable limitation of
working hours, and trade union rights. Social rights are those rights necessary for an
adequate standard of living, including rights to health, shelter, food, social care, and the
right to education. Cultural rights are the right to participate freely in the cultural life of
the community etc. Usually it has been argued that there are fundamental differences
between economic, social and cultural rights, and civil and political rights. These two
categories of rights have been seen as two different concepts and their differences have
been characterised as a dichotomy. According to this view, civil and political rights are
considered to be expressed in very precise language, imposing merely negative
obligations which do not require resources for their implementation, and which
therefore can be applied immediately. On the other hand, economic, social and cultural
rights are considered to be expressed in vague terms, imposing only positive obligations
conditional on the existence of resources and therefore involving a progressive
realization. As a consequence of these alleged differences, it has been argued that civil
and political rights are justiciable whereas economic, social and cultural rights are not.
In other words, this view holds that only violations of civil and political rights can be
adjudicated by judicial or similar bodies, while economic, social and cultural rights are
‘by their nature’ non-justiciable. Other side of argument stated that, classic rights such
as civil and political rights often require considerable investment by the state. The state
does not merely have the obligation to respect these rights, but must also guarantee
that people can effectively enjoy them. Hence, the right to a fair trial, for instance,
requires well-trained judges, prosecutors, lawyers and police officers, as well as
administrative support. Another example is the organization of elections, which also
entails high costs. On the other hand, most social rights contain elements that require
the state to abstain from interfering with the individual’s exercise of the right. For
example , the right to food includes the right for everyone to procure their own food
supply without interference; the right to housing implies the right not to be a victim of
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forced eviction; the right to work encompasses the individual’s right to choose his/her

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 own work and also requires the state not to hinder a person from working and to
abstain from measures that would increase unemployment; the right to education
implies the freedom to establish and direct educational establishments; and the right to
health implies the obligation not to interfere with the provision of health care.

Individual and collective rights: Although the fundamental purpose of human rights is the
protection and development of the individual (individual rights), some of these rights are
exercised by people in groups (collective rights). The most notable example of a collective
human right is the right to self-determination, which is regarded as being vested in peoples
rather than in individuals. Collective human rights have two basic dimensions. Firstly the rights
enjoyed in association with others, but originally that are individual rights. Right to association
and assembly, the freedom to form or join a trade union fall into this category. Secondly, the
rights inherently enjoyed in collectively but not individual rights. That is self-determinations
rights. It is generally accepted that collective rights may not infringe on universally accepted
individual rights, such as the right to life and freedom from torture.

Classification based on generation of human rights: First, second and third generation rights.
Indeed, international law established that all rights are indivisible, interdependent and
interrelated but in practice in the ways of communication, in the monitoring mechanisms has
difference exists. First generation rights are related to liberty and refer fundamentally to civil
and political rights. The second generation rights are related to equality, including economic,
social and cultural rights. Third generation or solidarity rights cover group and collective rights.
The bases for this classification is time.

 The emergence of international human rights : The magna Charta Libertatum in 1215,
the English Bill Of Rights in 1689. These documents specified rights which could be
claimed in the light of particular circumstances. The Enlightenment was decisive in the
development of human rights concepts. John Locke (1632-1704) for instance, developed
a comprehensive concept of natural rights; his list of rights consisting of life, liberty and
property. Jean-Jacques Rousseau (1712-1778) elaborated the concept under which the
sovereign derived his powers and the citizens their rights from a social contract. The
American Declaration of Independence of 4 July 1776 was based on the assumption that
all human beings are equal. It also referred to certain inalienable rights, such as the right
to life, liberty and the pursuit of happiness.The French Déclaration des Droits de
l’Homme et du Citoyen of 1789, as well as the French Constitution of 1793, reflected the
emerging international theory of universal rights. The need for international standards
on human rights was first felt at the end of the 19th century, when the industrial
countries began to introduce labour legislation. The Bern Convention of 1906 safeguard
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social rights. Many more labour conventions were later to be drawn up by the
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 International Labour Organisation (ILO), founded in 1919. Finally these efforts by
individual and states come up end by formed international human rights laws.

United Nations (UN) Charter: The atrocities of World War II put an end to the traditional view
that states have full liberty to decide the treatment of their own citizens. The signing of the
Charter of the United Nations (UN) on 26 June 1945 brought human rights within the sphere of
international law. The Universal Declaration of Human Rights (UDHR) adopted the Declaration
on 10 December 1948. Even it is non-binding document, some international lawyer claimed
that it is part of customary international laws because it is powerful tool in applying diplomatic
and more pressure to states that violate any of its article.

 The emergence of Twin conventions: conventions are the International Covenant on

Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social and
Cultural Rights (ICESCR) enter into force in 1976. The cold war and the difference in
concept of what human rights means were the reason for taken length times on process
drafting it. On the process of formulating the two covenants the major controversies
among countries and scholars were the favor of a single covenant. In these side
arguments was human rights are indivisible in its nature that could not be clearly
divided into different categories. The other side those argued in favor of two separate
covenants stated that civil and political rights are enforceable, immidates of application
and rights come against states. the decision had to do with states’ general preference
for a weaker duty to protect their citizens’ economic, social and cultural rights.
Countries were willing to proclaim these rights as long as this proclamation did not
entail strong accountability mechanisms. The second issues were brief or elaborate
debate. It refers to the clarity and burden of words. The third were implementation
debate. States must take appropriative measure to implement the covenants.
 Sources of international law: The internationally accepted classification of sources of
international law is formulated in Article 38 of the Statute of the International Court of
Justice. These are: a/ International conventions, whether general or particular;
International treaties are contracts signed between states. They are legally binding and
impose mutual obligations on the states that are party to any particular treaty (states
parties). b/ International custom, as evidence of general practice accepted as law;
Customary law is binding on all states (except those that may have objected to it during
its formation), whether or not they have ratified any relevant treaty. C/ General
principles of law: In the application of both national and international law, general or
guiding principles are used. In international law they have been defined as ‘logical
propositions resulting from judicial reasoning on the basis of existing pieces of
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international law’. D/ Subsidiary means for the determination of rules of law: According
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to Article 38 of the Statute of the International Court of Justice, judicial decisions and

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 the teachings of the most qualified publicists are ‘subsidiary means for the
determination of rules of law’. Therefore, they are not, strictly speaking, formal sources,
but they are regarded as evidence of the state of the law.
 Types of state duties imposed by all human rights treaties: There are three types of the
obligations, That is duty to respect, duty to protect, and duty to fulfil. Obligations to
respect: In general, this level of obligation requires the state to refrain from any
measure that may deprive individuals of the enjoyment of their rights or of the ability to
satisfy those rights by their own efforts. Obligations to protect: This level of obligation
requires the state to prevent violations of human rights by third parties. The obligation
to protect is normally taken to be a central function of states, which have to prevent
irreparable harm from being inflicted upon members of society. This requires states: to
prevent violations of rights by any individual or non-state actor; to avoid and eliminate
incentives to violate rights by third parties; and to provide access to legal remedies
when violations have occurred in order to prevent further deprivations. Obligations to
fulfil: This level of obligation requires the state to take measures to ensure, for persons
within its jurisdiction, opportunities to obtain satisfaction of the basic needs as
recognised in human rights instruments, which cannot be secured by personal efforts.
Although this is the key state obligation in relation to economic, social and cultural
rights, the duty to fulfil also arises in respect to civil and political rights. It is clear that
enforcing, for instance, the prohibition of torture which requires, for example, police
training and preventive measures, the right to a fair trial which requires investments in
courts and judges.
 Alteration of human rights obligations: There are different options that states may
diminish their treaty duty, which is so called alteration of human rights. The following
are the circumstances where human rights can be limited. Those are Reservation,
Restriction/Limitation and Derogation. Reservation is unilateral statement made by a
state by which it purports to exclude or alter the legal effect of certain provisions of a
treaty in their application to that state. A reservation may encourage a state to
participate in a multilateral treaty that it would otherwise be unable or unwilling to
participate in. As to article 19 Vienna Convention on the Law of Treaties which sets out
the general rule on reservations: A state may, when signing, ratifying, accepting,
approving or acceding to a treaty, formulate a reservation unless: (a) The reservation is
prohibited by the treaty; (b) The treaty provides that only specified reservations, which
do not include the reservation in question, may be made; or (c) In cases not falling
under sub paragraphs (a) and (b), the reservation is in compatible with the object and
purpose of the treaty. There are situation when states cannot make reservation where
to provide periodical report of regarding respect of human rights, the state duty to
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respect the rights member states and the duty non violation of human rights.

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 Restrictions or limitations: it is Permanente in its nature. Some rights are absolute which
cannot be restricted such as the freedom from torture, freedom from slavery, freedom
of prisoner respect of human rights. However, most human rights may be legally limited
or restricted by States in various situations. The condition of restrictions or limitations
are legality test , legitimacy test / national security, public morality / and proportionality
test. In cases where the scope of legal restrictions are not specified within a treaty
obligation, all limitations must meet specific tests in order to be considered justified and
therefore legal. However, some cases, the legitimate limitations or restrictions on a right
are codified within the treaty itself /Art 19 Iccpr /. Derogations: States may take the
more far-reaching measure of temporarily derogating from (suspending) certain human
rights obligations. Derogating measures must be of an exceptional and temporary
nature. When derogation measures are allowed, such derogations have to meet several
criteria: A/ a public emergency of threating of the life of the nations; B/ the existence of
public emergency to be officially proclaimed; c/ measures may not go beyond the extent
strictly required by the situation; D/ measures may not be inconsistent with other
obligations under international law; E/ measures may not be discriminatory solely on
grounds of race, color, sex, language, religion or social origin; F/ imposed only for the
time required to combat the emergency; G/ other states parties to be informed of the
provisions from which a states had derogated and of the reasons by which it was
actuated (Iccpr art 4/1/).
 Substantive rights are civil and political rights/ life, liberty / and economic, social and
cultural rights/food,water,house/. The right to life: it is supreme right from which no
derogation is permitted. It is prerequisite for the enjoyment of all other human rights.
The states should prevent and punish deprivation of life by criminal act and also prevent
arbitrary killing by their own security force. States measure designed to regulate
voluntary termination of pregnancy must not result in violation of the right to life of a
pregnant women or girl. Any activities regarding to nuclear weapons should prohibited
and recognized as crimes against humanity. States has duty to take measure to reduce
infant mortality. Regarding issues of suicide, it is not rights. Most of international court
practice shows that no rights to die. Death penalty, in rule it advised to abolish but
exceptional in case most serious crimes / crimes of extreme gravity involving willful
killing / states can practiced. Mode of execution of death penalty must be applied in
humane ways. The rights of adequate housing: this rights should not be understood in
narrow sense which equates it with, for instance, the shelter as merely having a roof
over one’s head, rather it should be seen as the right to live somewhere in security,
peace and dignity. To be considered adequate, housing must satisfy the following
criteria: a/ Legal security of tenure: Housing is to be adequate if its occupants do have a
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degree of tenure security which guarantees legal protection against forced evictions,

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 harassment and other threats. Tenure can be rental, lease, cooperative union. b/
Affordability: housing is not adequate if its cost threatens or compromises the
occupants’ enjoyment of other human rights. c/ Availability of services; building
materials, facilities and infrastructure.. etc should make available be states. d/
Habitability: Housing is to be adequate if it does guarantee physical safety or provide
adequate space, as well as protection against the cold, damp, heat, rain, wind, other
threats to health and structural hazards. e/ Accessibility: the specific needs of
disadvantaged and marginalized groups are taken into account. f/ Location: housing
should allowed employment opportunities, health-care services, schools, childcare
centers and other social facilities, or if located in polluted or dangerous areas. g/
Cultural adequacy: housing should respect and take into account the expression of
cultural identity in way of constructing, using building materials…

The rights of Children: rational and origin– in 1924 league of nation adopt the Geneva
declaration on rights of child. In 1946 UNGA established UNICEF which stress on children. In
1948 UDHR include rules on rights of children. The 1959 declaration of UNGA adopt children
rights which recognize different rights children. In 1966 twin covenants child rights are under
consideration of it. In 1989 CRC is adopted by UNGA which is announced Compressive law
regarding children rights. The rights like protection from deprivation of liberty, right of child
justice/ it’s aim is rehabilitation/, prohibition death penalty and life imprisonment without
parole, disposals of case without delay, specialized law and institutions, diversion are new
types of rights which are present only found in CRC, but not in others law previously.

 Enforcement and Monitoring: Two distinct types of supervisory mechanisms: The first is
treaty-based mechanisms, supervisory mechanisms enshrined in legally binding human
rights instruments, which can be divided into four foremost groups: a/ States Reporting
methods, states parties to treaty are obliged to report periodically to a supervisory body
on the implementation at the domestic level of the treaty in question. b/ Inter-state
complaint procedure, Several human rights conventions empower states parties to
commence a proceeding against another state party that is suspected of failing to meet
its responsibilities under the instrument. In most situations, such a complaint may be
filed only if both the claimant and the defendant state have recognized the supervisory
body's authority to handle such a complaint. c/ Individual complaint procedure, a
mechanism in which an individual holds a government directly accountable before an
international supervisory body intends to provide the individual with extensive
protection. To bring a case under a human rights treaty, an individual must meet the
following requirements: 1/ The alleged violating state must have ratified the convention
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claimed by the individual; 2/ date of ratification (rational temporis), 3/ reservation

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(treaty must not reserved), 4/ acceptance of the competence of the supervisory body, 5)

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 admissibility, the allegedly infringed rights must be covered by the relevant convention;
and 6) Locus standi, right to bring case( victim or legal ),7/ formal requirement,
(proceedings before the relevant body may be launched only after all domestic
remedies have been exhausted. The exception is that unreasonably prolonged, or
plainly ineffective the case), period of limitation( Human rights crime has no time limit),
the substance of the compliant. d/ Inquiries, human rights committee may conduct
inquiry upon receiving information concerning grave human rights violations. The
seconding is non-treaty based mechanisms: supervisory mechanisms not based on
legally binding human rights treaty obligations. Mechanisms of supervision that are not
based on legally enforceable human rights treaty obligations. In general, this sort of
mechanism is based on an interstate human rights forum's constitution or charter, or on
decisions made by the assembly or a representative body of the forum in question. Non-
treaty-based procedures, such as the Human Rights Council, are referred to as 'charter-
based' mechanisms under the UN system.
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