THE CONCEPT OF HUMAN RIGHT
The term “human rights’ comprises of two words- “Human” and “rights”. “Human” refers to everyone on earth irrespective of their age, ethnicity, nationality, orientation, sex or creed, while “rights” refers to privileges that one compulsorily deserves irrespective of his or her age, ethnicity, nationality, ideology, orientation etc. Human rights can then be defined as the privileges and opportunities which a person is entitled to by the simple virtue of the fact that he is a human being. In general terms, human rights may be defined as those basic rights that primarily and inherently belong to every individual as a human being regardless of his colour, class, creed or any other considerations.
The Black’s Law Dictionary, 9th edition has defined human rights as “the freedom, immunities and benefits that, according to modern values (especially at an international level) all human beings should be able to claim as a matter of rights in the society”.
G. Ezejiofor, in his book ‘Protection of Human Rights under the Law’ defines the concept of human rights thus:
Human or fundamental rights is the modern name for what have been traditionally known as natural rights, and these may be defined as moral rights which every human being, everywhere, at all times, ought to have simply because of the fact that, in contradistinction with other beings, he is rational and moral.
According to Professor Osita Eze, “Human Rights represent demand or claim which individuals or groups make on the society, some of which are protected by law while others are merely aspirations to be attained in the future”.
The Nigerian Supreme Court by way of definition declared thus:
Human right is a right which stands above the ordinary laws of the land and which is in fact antecedent of the political society itself. It is a primary condition to a civilized existence, and what has been done by our constitution since independence is to have these rights enshrined in the constitution so that the rights could be ‘immutable’ to the extent of the non-immutability of the constitution itself.
INTERNATIONAL TREATIES
A treaty is a legally binding agreement between states (countries). Treaties impose obligations on states about the manner in which they treat all individuals within their jurisdiction. They bear various titles including ‘covenant’, ‘convention’ and ‘protocol’. Treaties are the most important sources of international human rights law. They are adopted at the universal level i.e. within the frame work of the United Nations and its specialized agencies as well as under the auspices of regional organizations.
Presently, a number of multilateral treaties relating to human rights are in force and legally binding on those states which are parties to them. Examples of UN treaties include; International Covenant on Economic, Social and Cultural Rights (ICESCR), International Covenant on Civil and Political Rights (ICCPR), Convention on the Rights of the Child (CRC) etc.
The International Convention on the Elimination of All Forms of Racial Discrimination (ICERD)
The International Convention on the Elimination of All Forms of Racial Discrimination (ICERD) is a United Nations convention. A third-generation human rights instrument, the Convention commits its members to the elimination of racial discrimination and the promotion of understanding among all races. The Convention also requires its parties to criminalize hate speech and criminalize membership in racist organizations.
ICRED came in December 1960, following the incidents of antisemitism in several parts of the world, the United Nations General Assembly adopted a resolution condemning "all manifestations and practices of racial, religious and national hatred" as violations of the United Nations Charter and Universal Declaration of Human Rights and calling on the governments of all states to "take all necessary measures to prevent all manifestations of racial, religious and national hatred".
The draft Declaration on the Elimination of All Forms of Racial Discrimination was adopted by the General Assembly on 20 November 1963. The same day the General Assembly called for the Economic and Social Council and the Commission on Human Rights to make the drafting of a Convention on the subject an absolute priority. The draft was completed by mid-1964, but delays in the General Assembly meant that it could not be adopted that year. It was finally adopted on 21 December 1965
The Convention also includes an individual complaints mechanism, effectively making it enforceable against its parties. This has led to the development of a limited jurisprudence on the interpretation and implementation of the Convention.
The convention was adopted and opened for signature by the United Nations General Assembly on 21 December 1965, and entered into force on 4 January 1969. As of July 2020, it has 88 countries as signatories and 182 countries as parties (including accessions and successions). It have 3 parts and 25 articles.
The Convention operates in English, Chinese, French, Spanish and Russian languages.
The Convention is monitored by the Committee on the Elimination of Racial Discrimination (CERD) which consists of 18 experts of high moral standards.
CONVENTION ON THE RIGHTS OF THE CHILD
In 1989, world leaders made a historic commitment to the world’s children by adopting the United Nations Convention on the Rights of the Child – an international agreement on childhood.
It’s become the most widely ratified human rights treaty in history and has helped transform children’s lives around the world.
But still not every child gets to enjoy a full childhood. Still, too many childhoods are cut short.
It is up to our generation to demand that leaders from government, business and communities fulfil their commitments and take action for child rights now, once and for all. They must commit to making sure every child, has every right.
The United Nations Convention on the Rights of the Child (commonly abbreviated as the CRC or UNCRC) is an international human rights treaty which sets out the civil, political, economic, social, health and cultural rights of children. The convention defines a child as any human being under the age of eighteen, unless the age of majority is attained earlier under national legislation.
Nations that have ratified this convention or have acceded to it are bound by international law. When a state has signed the treaty but not ratified it, it is not yet bound by the treaty's provisions but is already obliged to not act contrary to its purpose.
The UN Committee on the Rights of the Child, composed of 18 independent experts, is responsible for supervising the implementation of the convention by the states that have ratified it. Their governments are required to report to and appear before the UN Committee on the Rights of the Child periodically to be examined on their progress regarding the advancement of the implementation of the convention and the status of child rights in their country. Their reports and the committee's written views and concerns are available on the committee's website.
Individuals can appeal to the Committee on the Rights of the Child if they believe that rights, according to the convention, have been violated. The third possibility for monitoring the implementation of the convention is inquiries that the Committee on the Rights of the Child can carry out on their own initiative if they have reliable information that leads them to believe that a member state has violated the convention's rights. However, "states ... may opt-out from the inquiry procedure, at the time of signature or ratification or accession". Once a year, the committee submits a report to the Third Committee of the United Nations General Assembly, which also hears a statement from the CRC Chair, and the Assembly adopts a Resolution on the Rights of the Child.
The UN General Assembly adopted the convention and opened it for signature on 20 November 1989 (the 30th anniversary of its Declaration of the Rights of the Child). It came into force on 2 September 1990, after it was ratified by the required number of nations. As of 26 August 2024, 196 countries are party to it, including every member of the United Nations except the United States. The convention on the Rights of the Child have a preamble, 3 parts and 54 articles.
Two optional protocols were adopted on 25 May 2000. The First Optional Protocol which was also adopted on the same date as the second optional protocol entered into force on the 18th of January, 2002. It restricts the involvement of children in military conflicts. It has 17 articles. The Second Optional Protocol though adopted the same date as the first protocols, yet it came into force on the 12th of February, 2002. It prohibits the sale of children, child prostitution and child pornography. More than 170 states have ratified both protocols. It consists of 13 articles. A third optional protocol relating to communication of complaints was adopted in December 2011 and opened for signature on 28 February 2012. It came into effect on 14 April 2014. It consists of 4 parts and 24 articles.
THE CONVENTION ON THE ELIMINATION OF ALL FORMS OF DISCRIMINATION AGAINST WOMEN (CEDAW)
The Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) , adopted in 1979 by the UN General Assembly, is often described as an international bill of rights for women. Consisting of a preamble and 30 articles, it defines what constitutes discrimination against women and sets up an agenda for national action to end such discrimination.
The Convention defines discrimination against women as "...any distinction, exclusion or restriction made on the basis of sex which has the effect or purpose of impairing or nullifying the recognition, enjoyment or exercise by women, irrespective of their marital status, on a basis of equality of men and women, of human rights and fundamental freedoms in the political, economic, social, cultural, civil or any other.
The Convention provides the basis for realizing equality between women and men through ensuring women's equal access to, and equal opportunities in, political and public life including the right to vote and to stand for election as well as education, health and employment. States parties agree to take all appropriate measures, including legislation and temporary special measures, so that women can enjoy all their human rights and fundamental freedoms.
The Convention is the only human rights treaty which affirms the reproductive rights of women and targets culture and tradition as influential forces shaping gender roles and family relations. It affirms women's rights to acquire, change or retain their nationality and the nationality of their children. States parties also agree to take appropriate measures against all forms of traffic in women and exploitation of women.
The Convention consists of a Committee known as “The Committee on the Elimination of Discrimination against Women (CEDAW)” is the body of independent experts that monitors implementation of the Convention on the Elimination of All Forms of Discrimination against Women. The CEDAW Committee consists of 23 experts on women’s rights from around the world.
The CEDAW treaty is a tool that helps women around the world to bring about change in their daily life. In countries that have ratified the treaty, CEDAW has proved invaluable in opposing the effects of discrimination, which include violence, poverty, and lack of legal protections, along with the denial of inheritance, property rights, and access to credit.
The Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) have just one optional protocol which is a side-agreement to the convention which allows its parties to recognise the competence of the Committee on the Elimination of Discrimination Against Women to consider complaints from individuals. The Optional Protocol was adopted by the UN General Assembly on 6 October 1999 and entered into force on 22 December 2000. As of June 2024 it has 80 signatories and 115 parties.
THE INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS (ICCPR)
The International Covenant on Civil and Political Rights (ICCPR) is a multilateral treaty that commits nations to respect the civil and political rights of individuals, including the right to life, freedom of religion, freedom of speech, freedom of assembly, electoral rights and rights to due process and a fair trial. It was adopted by United Nations General Assembly Resolution 2200A (XXI) on 16 December 1966 and entered into force on 23 March 1976 after its thirty-fifth ratification or accession. As of June 2024, the Covenant has 174 parties and six more signatories without ratification, most notably the People's Republic of China and Cuba; North Korea is the only state that has tried to withdraw.
The ICCPR is considered a seminal document in the history of international law and human rights, forming part of the International Bill of Human Rights, along with the International Covenant on Economic, Social and Cultural Rights (ICESCR) and the Universal Declaration of Human Rights (UDHR).
Compliance with the ICCPR is monitored by the United Nations Human Rights Committee, which reviews regular reports of states parties on how the rights are being implemented. States must report one year after acceding to the Covenant and then whenever the Committee requests (usually every four years). The Committee normally meets at the UN Office at Geneva, Switzerland and typically holds three sessions per year.
There are two Optional Protocols to the Covenant. The First Optional Protocol which was adopted by the U.N. General Assembly on the 16th of December, 1966 and entered into force on 23rd of March, 1976 with 14 articles establishes an individual complaints mechanism, allowing individuals to complain to the Human Rights Committee about violations of the Covenant. This has led to the creation of a complex jurisprudence on the interpretation and implementation of the Covenant. As of September 2019, the First Optional Protocol has 116 parties.
The Second Optional Protocol which was adopted by the U.N. General Assembly on the 15th of December, 1989 and entered into force on 11th of July, 1991 with 11 articles abolishes the death penalty; however, countries were permitted to make a reservation allowing for use of death penalty for the most serious crimes of a military nature, committed during wartime. As of June 2022, the Second Optional Protocol had 90 parties.
THE INTERNATIONAL COVENANT ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS (ICESCR)
The International Covenant on Economic, Social and Cultural Rights (ICESCR) is a multilateral treaty adopted by the United Nations General Assembly (GA) on 16th December 1966 through GA. Resolution 2200A (XXI), and came into force on 3rd January 1976. It consists of a preamble, 5 parts and 31 articles. It commits its parties to work toward the granting of economic, social, and cultural rights (ESCR) to all individuals including those living in Non-Self-Governing and Trust Territories. The rights include labour rights, the right to health, the right to education, and the right to an adequate standard of living. As of February 2024, the Covenant has 172 parties. A further four countries, including the United States, have signed but not ratified the Covenant.
The ICESCR (and its Optional Protocol) is part of the International Bill of Human Rights, along with the Universal Declaration of Human Rights (UDHR) and the International Covenant on Civil and Political Rights (ICCPR), including the latter's first and second Optional Protocols. The Covenant is monitored by the UN Committee on Economic, Social and Cultural Rights.
The Optional Protocol to the International Covenant on Economic, Social and Cultural Rights is a side-agreement to the Covenant which allows its parties to recognise the competence of the Committee on Economic Social and Cultural Rights to consider complaints from individuals. The Optional Protocol was adopted by the UN General Assembly on 10th December 2008. It was opened for signature on 24th September 2009, and as of July 2023 has been signed by 46 parties and ratified by 27. Having passed the threshold of required ratifications, it has entered into force on 5th May 2013 with 22 articles.
There are many other international treaties on human rights in the world.
