Human Rights and Public Policy

UDHR: International Human Rights Treaty

Ekeminijah Ifon
| August 29th, 2024

Introduction 

A treaty is a formally signed and validated agreement between states that lays out specific rules on how the state will conduct its affairs on a particular issue. Treaties are signed and agreed upon by individual states on an ad hoc basis.

A treaty is a formally concluded and ratified agreement between two or more countries, or between countries and international organizations. Treaties are legally binding and create rights and obligations for the parties involved.

A treaty aids in the development of human rights law and policy, promotion of human dignity, equality, and non-discrimination and provides a framework for accountability and international cooperation.

 

Function Of A Treaty 

1. Establish peace and security

2. Promote economic cooperation

3. Protect human rights

4. Regulate international trade

5. Address environmental issues

6. Resolve conflicts

7. Establish international organizations

 

Characteristics Of A Treaty 

1. Written agreement

2. Signed by authorized representatives

3. Ratified or approved by the parties

4. Registered with the United Nations (if multilateral)

5. Binding on the parties

6. Can be amended or terminated

 

Human Rights 

Human rights are rights inherent to all human beings, regardless of race, sex, nationality, ethnicity, language, religion, or any other status. Human rights include the right to life and liberty, freedom from slavery and torture, freedom of opinion and expression, the right to work and education, and many more.  Everyone is entitled to these rights, without discrimination.

International human rights law lays down the obligations of Governments to act in certain ways or to refrain from certain acts, in order to promote and protect human rights and fundamental freedoms of individuals or groups.

One of the great achievements of the United Nations is the creation of a comprehensive body of human rights law—a universal and internationally protected code to which all nations can subscribe and all people aspire. The United Nations has defined a broad range of internationally accepted rights, including civil, cultural, economic, political and social rights. It has also established mechanisms to promote and protect these rights and to assist states in carrying out their responsibilities.

The foundations of this body of law are the Charter of the United Nations and the Universal Declaration of Human Rights, adopted by the General Assembly in 1945 and 1948, respectively.  Since then, the United Nations has gradually expanded human rights law to encompass specific standards for women, children, persons with disabilities, minorities and other vulnerable groups, who now possess rights that protect them from discrimination that had long been common in many societies.

International human rights treaties are agreements between countries that establish legal obligations to protect and promote human rights. 

These treaties form the foundation of international human rights law, and many countries have ratified them, committing to uphold these rights.

 

Treaty Bodies

1. Human Rights Committee: International Covenant on Civil and Political Rights and its Optional Protocols.

2.Committee on Economic, Social and Cultural Rights: International Covenant on Economic, Social and Cultural Rights and its Optional Protocol.

3.Committee on the Elimination of Racial Discrimination: International Convention on the elimination of all forms of Racial Discrimination.

4.Committee on the Elimination of Discrimination Against Women: Convention on the Elimination of All Forms of Discrimination against Women and its Optional Protocol.

5.Committee Against Torture: Convention against Torture and Other Cruel, Inhuman or Degrading Treatment and its Optional Protocol.

6.Committee on the Rights of the Child: Convention on the Rights of the Child and its Optional Protocols.

7.Committee on Migrant Workers: International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families.

8.Committee on the Right of Persons with Disabilities: International Convention on the Rights of Persons with Disabilities and its Optional Protocol.

 

International Human Rights Treaties 

1. Universal Declaration of Human Rights (1948): A foundational document outlining fundamental human rights.

2. International Covenant on Civil and Political Rights (1966): Protects rights like freedom of speech, assembly, and voting.

3. International Covenant on Economic, Social and Cultural Rights (1966): Focuses on rights like education, healthcare, and an adequate standard of living.

4. Convention on the Elimination of All Forms of Racial Discrimination (1965): Aims to end racial discrimination and promote equality.

5. Convention on the Elimination of All Forms of Discrimination against Women (1979): Protects women's rights and gender equality.

6. Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (1984): Prohibits torture and cruel treatment.

7. Convention on the Rights of the Child (1989): Safeguards children's rights, including education, healthcare, and protection from abuse.

8. Convention on the Rights of Persons with Disabilities (2006): Promotes equal rights and opportunities for people with disabilities.

9. International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (1990): Protects migrant workers' rights.

10. Genocide Convention (1948): Defines and prohibits genocide, a crime under international law.

 

UDHR 

The Universal Declaration of Human Rights (UDHR) is a milestone document in the history of human rights. Drafted by representatives with different legal and cultural backgrounds from all regions of the world, the Declaration was proclaimed by the United Nations General Assembly in Paris on 10 December 1948 by General Assembly resolution 217 A (III) as a common standard of achievements for all peoples and all nations. It sets out, for the first time, fundamental human rights to be universally protected. Since its adoption in 1948, the UDHR has been translated into more than 500 languages - the most translated document in the world - and has inspired the constitutions of many newly independent States and many new democracies.

 

The Universal Declaration of Human Rights (UDHR) is a foundational document that has had a profound impact on the world. Its importance can be seen in the following areas:

1. Establishment of global human rights standards: The UDHR sets out fundamental rights and freedoms that are universally applicable, providing a common language and framework for human rights.

2. Inspiration for human rights movements: The UDHR has inspired countless human rights movements, activists, and organizations, shaping the global human rights landscape.

3. Influence on international law: The UDHR has influenced the development of international human rights law, including the creation of treaties and conventions.

4. National law and policy: The UDHR has informed national constitutions, laws, and policies, promoting human rights protection and implementation.

5. Education and awareness: The UDHR has raised awareness about human rights, educating people worldwide about their rights and freedoms.

6. Promoting dignity and equality: The UDHR promotes human dignity, equality, and non-discrimination, fundamental principles for a just and equitable society.

7. Foundation for sustainable development: The UDHR's emphasis on human rights and dignity is essential for achieving sustainable development and the United Nations' Sustainable Development Goals.

8. Global accountability: The UDHR provides a basis for holding states and other actors accountable for human rights violations.

9. Empowerment of marginalized groups: The UDHR has empowered marginalized and vulnerable groups to claim their rights and demand justice.

10. Timeless relevance: Despite being adopted over 70 years ago, the UDHR remains a relevant and vital document, continuing to inspire and guide human rights efforts worldwide.

 

Significance of UDHR 

1. United nations and peoples: Around a shared vision of human rights and dignity.

2. Empower individuals and communities: To claim their rights and demand justice.

3. Guide human rights advocacy and activism: Inspiring generations of human rights defenders.

 

Conclusion 

The UDHR's significance extends beyond its text, representing a global commitment to human rights, dignity, and well-being.Treaties play a crucial role in shaping international relations, promoting cooperation, and establishing global norms.

The Universal Declaration of Human Rights (UDHR) is a foundational international human rights treaty that has had a profound impact on the world. It established global human rights standards, inspired human rights movements and activism

While the UDHR is not a legally binding treaty, its adoption marked a significant milestone in the development of international human rights law. Its principles and provisions have been incorporated into numerous binding treaties, national laws, and international instruments, making it a cornerstone of the global human rights framework.

UDHR remains a powerful symbol of the global commitment to human rights, serving as a foundation for ongoing efforts to promote and protect human dignity, justice, and well-being for all.

 

References:

-Universal Declaration of Human Rights (UDHR).

- United Nations Human Rights Office of the High Commissioner. 

- International Labour Organization (ILO).

- Council of Europe.

- Amnesty International.

- Human Rights Watch.


Ekeminijah Ifon
Author

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