Human Rights

By Dr. SARAH AL GHORAB

WS 2021 ©
Lecture 3
Today’s agenda

Sources of HRL
THINK !
What are the Different SOURCES of Human rights
SOURCES OF HUMAN RIGHTS

International Customary
Law International
Law

National Law
International Law “ Treaties”
Define treaty
➢VIENNA CONVENTION ON THE LAW OF TREATIES 1969, Art
2(1)(a)
“treaty” means an international agreement concluded between
States in written form and governed by international law, whether
embodied in a single instrument or in two or more related
instruments and whatever its particular designation.
 International Law “ Treaties”
UN-Charter
• Article 1 UN-Ch:

• The Purposes of the United Nations are:

• 1.To maintain international peace and security , and to that end: to take effective collective measures for
the prevention and removal of threats to the peace , and for the suppression of acts of aggression or
other breaches of the peace, and to bring about by peaceful means, and in conformity with the
principles of justice and international law, adjustment or settlement of inter-national disputes or
situations which might lead to a breach of the peace;

• […]

• 3.To achieve international cooperation in solving international problems of an economic, social, cultural,
or humanitarian character, and in promoting and encouraging respect for human rights and for
fundamental freedoms for all without distinction as to race, sex, language, or religion […]
 International Law “ Treaties”
UN-Charter
• Article 55 UN-Ch:

• 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:

• […]

• (c)universal respect for ,and observance of, human rights and fundamental freedoms for all without
distinction as to race, sex, language, or religion.
 International Law “ Treaties”
UDHR

▪ 1948 adopted by GA (=non-binding.) “ Soft Law”

▪ Intention: “common standard of achievement”

▪ Most provisions now reflect Customary Int. Law

▪ Entails a comprehensive list of HR

▪ Art. 1-21: civil & political rights

▪ Art. 22-28: economic, social and cultural rights

▪ Art. 29-30: duty to community

 International Law “ Treaties”
ICCPR
▪ Adopted in 1966 (entered into force 1976)

▪ Legally binding -> contains measures of implementation

▪ Most comprehensive UN HR Convention

▪ Defines State obligations in Art. 2

▪ (1) “respect and ensure” = refrain from interfering, take active measures to guarantee rights

▪ (3) develop access to judicial remedy for alleged violations

 International Law “ Treaties”
ICCPR
▪ Entails following freedoms:

▪ Art. 6: right to life

▪ Art. 7-16: prohibition of torture, slavery, arbitrary deprivation of life, judicial rights (fair, trial, equality
before law)

▪ Art. 17-27: freedom of opinion, religion, assembly, participation in elections, protection of children,
family, ethnic / religious / linguistic minorities, non-discrimination

▪ Art. 4: Non-derogable rights

 International Law “ Treaties”
ICESCR

• Adopted in 1966 (entered into force 1976)

• Legally binding -> contains measures of implementation

• Sates’ obligation defined in Art. 2-5

• “obligation of conduct” = take steps to fulfill rights according to maximum of State’s resources without
discrimination (although differentiation between nationals & non-nationals is possible)
International Law “ Treaties”
IBHR
 These three int. documents form the International Bill of HR

 Special because it entails a comprehensive list of HR -> all subsequent HR treaties are
mere specification

 Was meant to be one comprehensive binding doc but due to divide of int. community, it
was split into three documents
HUMAN RIGHTS IN NATIONAL LAW

Constitution ?

Domestic Laws?
See you next week