INTRODUCTION
In the words of Oliver Wendell Holmes, “Your rights end when my rights begin.”
The United Nations defines human rights as rights inherent to all human beings, regardless of race, sex, nationality, ethnicity, language, religion, or any other status. They include: right to life, dignity of human persons, work and education, etc.
Human rights are rights we have simply because we exist as humans; they are not granted by any state. They are recognized at domestic, national, and international levels.
International human rights treaties are essential as they establish the universal standards of human rights protection, to ensure all persons are treated with dignity, equality, and fairness.
Every state has rights that are entrenched in their constitution and other national laws. In a bid to ensure protection and promotion of human rights and freedoms, international human rights were established, creating a global framework that ensures member states uphold the equality and dignities of every person.
As many human rights are entrenched in the Constitution of the Federal Republic of Nigeria (1999), some are not fully reflected. Thus, a victim of such violations of human rights can rely on international human rights treaties that may have been ratified.
INTERNATIONAL HUMAN RIGHTS TREATIES
The 1969 Vienna Convention defines a treaty as "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."
The 1986 Vienna Convention extends the definition of treaties to include international agreements involving international organizations as parties.
International Human Rights Treaties serve as legal sources for IHR law and the protection of human rights in general.
Member states that ratify treaties are bound by the agreement and regulations as contained in the treaties. Consequently, violations of ratified IHR treaties attract penalties to individuals and member states.
The United Nations (UN) has recognized 7 core IHR treaties. They include;
- A treaty on civil and political rights;
- A treaty on economic, social, and cultural rights;
- Treaties to combat racial and gender-based discrimination;
- Treaties prohibiting torture and forced disappearances; and
- Treaties protecting the rights of children,
- Treaties protecting the migrant workers, and
- Treaties protecting persons with disabilities.
For each of these treaties, the UN established a treaty body responsible for monitoring the implementation by member states that have ratified them.
The International Bill of Rights was established in the 1940s. This document paved the way for human rights being globally recognized for the first time and laid the groundwork for the protection of these rights.
The International Bill of Rights is a collective term given to one General Assembly Resolution and two international treaties established by the United Nations, namely:
- Universal Declaration of Human Rights (UDHR), 1948
- International Covenant on Civil and Political Rights (ICCPR), 1966
- International Covenant on Economic, Social, and Cultural Rights (ICESCR), 1966
Universal Declaration of Human Rights (UDHR)
This was the first document to explicitly define what individual human rights are and how they must be protected. UDHR is not a treaty but a declaration of human rights, containing a preamble and 30 articles. The Declaration directly inspired the development of international human rights law and was the first step in the formulation of the International Bill of Human Rights. Although not legally binding, the contents of the UDHR have been elaborated and incorporated into subsequent international treaties, regional human rights instruments, and national constitutions and legal codes.
The UDHR was drafted around 4 pillars- dignity, liberty, equality and brotherhood.
International Covenant on Civil and Political Rights (ICCPR), 1966
This is a multilateral treaty adopted on December 16, 1966, by the United Nations General Assembly and enforced on March 23, 1976. It ensures to protect civil and political rights of individuals, including: right to life, freedom of speech, freedom of religion, freedom of assembly, right to due process, fair trial, etc.
It follows the structure of the UDHR and ISESCR, with a preamble and 53 articles divided into 3 parts.
For the effective implementation of this treaty, enforcement mechanisms have been put in place, which include:
- State reporting: Member states are to report periodically on their implementation of their treaty obligations.
- Interstate Complaints: 2 or more member states are allowed to report each other on human rights violations.
The challenges posed under the above mentioned mechanisms brought about optional protocols.
The first optional protocol: This established an individual complaint mechanism.
The second optional protocol: This abolishes the death penalty.
International Covenant on Economic, Social, and Cultural Rights (ICESCR)
This is a multilateral treaty adopted December 16, 1966 by the United Nations General Assembly and enforced January 3, 1976. It ensures to protect the economic, social, and cultural rights of parties, including: right to education, the right to an adequate standard of living, etc.
The optional protocol for the ICESCR establishes complaints and inquiry mechanisms for the ICESCR.
The heart of this covenant is Part 3, Articles 6-15, containing the rights protected.
The committee of the ICESCR is a body of 18 independent experts competent in human rights. Committee members are elected for 4 years and must be from countries that have ratified the covenant.
It’s evident that both ICCPR and ICESCR are multilateral treaties that emphasize basic human rights that differ in their scope and frown at discrimination.
Other IHR treaties established have been adopted and expanded the body of international human rights treaties. They include:
- Convention on the Prevention and Punishment of the Crime of Genocide (1948),
- The International Convention on the Elimination of All Forms of Racial Discrimination (1965), The Convention on the Elimination of All Forms of Discrimination against Women (1979), The Convention on the Rights of the Child (1989), and
- The Convention on the Rights of Persons with Disabilities (2006), etc.
CONCLUSION
In conclusion, International Human Rights Law is the body of international law designed to promote human rights on all levels (i.e., international, regional, and domestic levels). The establishment and enforcement of a comprehensive body of human rights law is a great achievement. International Human Rights Treaties ensure member states commit to protect, respect, and fulfil the rights of their citizens. Thus, recognizing and upholding the dignity of all human beings. These instruments also obligate state members to adopt effective measures for the prevention, investigation, prosecution, and punishment of serious human rights abuses.
