Universal Human Rights Sources

 

There a several sources of international human rights. The main sources are;

 

a) The CHARTER OF THE UNITED NATIONS

 

b) THE INTERNATIONAL BILL OF HUMAN RIGHTS comprising three instruments and their protocols

 

1. Universal Declaration of Human Rights 1948

2. International Covenant on Economic, Social and Cultural Rights 1966

3. International Covenant on Civil and Political Rights 1966

Optional Protocol to the International Covenant on Civil and Political Rights

Second Optional Protocol to the International Covenant on Civil and Political Rights, aiming at the abolition of the death penalty

 

c) INTERNATIONAL HUMAN RIGHTS INSTRUMENTS

There are 7 core international human rights treaties. Each of these treaties has established a committee of experts to monitor implementation of the treaty provisions by its states parties. Some of the treaties are supplemented by optional protocols dealing with specific concerns.

 

  1. ICERD; International Convention on the Elimination of All Forms of Racial Discrimination 21 Dec 1965
  2. ICCPR; International Covenant on Civil and Political Rights 16 Dec 1966
  3. ICESCR; International Covenant on Economic, Social and Cultural Rights 16 Dec 1966
  4. CEDAW; Convention on the Elimination of All Forms of Discrimination against Women 18 Dec 1979
  5. CAT; Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment 10 Dec 1984
  6. CRC; Convention on the Rights of the Child 20 Nov 1989
  7. ICRMW; International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families 18 Dec 1990 CMW

 

In addition to the International Bill of Rights and the core human rights treaties, there are many other international instruments relating to human rights. The legal status of these instruments varies:

  1. Declarations, principles, guidelines, standard rules and recommendations have no binding legal effect, but such instruments have an undeniable moral force and provide practical guidance to states in their conduct;
  2. Covenants, statutes, protocols and conventions are legally binding for those states (called state parties) that ratify or accede to them.

 

For detailed reference go to Office of the High Commissioner for Human Rights http://www.ohchr.org/english/law/

 

The UN Charter specifies human rights as one of the main imperatives for its formation;

“We the peoples of the united nations determined

  1. to save succeeding generations from the scourge of war, which twice in our lifetime has brought untold sorrow to mankind, and
  2. to reaffirm 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, and
  3. to establish conditions under which justice and respect for the obligations arising from treaties and other sources of international law can be maintained, and
  4. to promote social progress and better standards of life in larger freedom“

 

Some examples of specific rights

CCPR

  1. Right to life; but does not ban capital punishment.
  2. No subjection to torture or to cruel, inhuman or degrading treatment or punishment or experimentation without consent.
  3. No Slavery
  4. Liberty and security. No arbitrary arrest & detention
  5. Freedom of movement and domicile
  6. Equality before the law and guarantees of due process. No retrospective crimes
  7. Privacy
  8. Freedom of thought, conscience and religion
  9. Peaceful assembly and association
  10. Freedom of marriage
  11. Freedom of participation

 

ICESCR

  1. People's self determination (US and Natives/Aboriginal people!)
  2. Equality of men and women
  3. Right to work and favourable work conditions & trade unions
  4. Protection of the family
  5. Adequate food, clothing and housing
  6. Highest possible physical and mental health,
  7. Education – primary education shall be free & compulsory
  8. To take part in cultural life

 

Human rights non-governmental organizations (NGOs) lead monitoring efforts, but the biggest challenge for international human rights is enforcement.

 

National HR Canada

Canadian Charter of Rights and Freedoms April 17, 1982