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International human rights law is the body of international law intended to promote and
protect human rights at the international and domestic levels.
As a form of international law, international human rights law is primarily made up of treaty
law - legally binding agreements between State parties - and customary international law -
rules of law derived from the consistent practice of States. While international treaties and
customary law form the mainstay of international human rights law, other instruments, such
as declarations, guidelines and principles adopted at the international level contribute to its
understanding, implementation and development.
Enforcement
International human rights law is closely related to, but distinct from international
humanitarian law. They are complimentary since the substantive norms they contain are often
similar or related. However, international human rights law applies at all times, including
during situations of emergency and conflict. International humanitarian law is a legal regime
that only applies to armed conflicts, including occupation, when both legal regimes apply in
tandem.
Modern international human rights law has developed since the drafting of the United
Nations Universal Declaration of Human Rights (UDHR), in December 1948. Drafted as ‘a
common standard of achievement for all peoples and nations', the Declaration spells out civil,
political, economic, social and cultural rights that all human beings are entitled to. It has been
widely accepted as providing the fundamental norms of human rights that everyone should
respect and protect.
The UDHR, together with the International Covenant on Civil and Political Rights (ICCPR)
and its two Optional Protocols, and the International Covenant on Economic, Social and
Cultural Rights (ICESCR), form the International Bill of Human Rights.
Since 1945, a series of international human rights treaties and other instruments have been
adopted, conferring legal form on inherent human rights and further developing the body of
international human rights. These include:
The Convention on the Prevention and Punishment of the Crime of Genocide (CPCG);
The International Convention on the Protection of the Rights of All Migrant Workers and
Members of their Families (ICRMW);
The International Convention for the Protection of All Persons from Enforced Disappearance
(ICCPED).
In addition to the International Bill of Rights and the core human rights treaties listed above,
there are many other universal instruments relating to human rights. A non-exhaustive
selection can be found here.
International human rights law prescribes obligations which states are bound to
respect. Through ratification of international human rights treaties, governments undertake to
put into place domestic measures and legislation compatible with their treaty obligations. By
becoming parties to international treaties, states assume obligations and duties under
international law to respect, protect and fulfill human rights.
The obligation to respect means that states must refrain from interfering with or curtailing the
enjoyment of human rights. The obligation to protect requires states to protect individuals and
groups against human rights abuses. The obligation to fulfill means that states must take
positive action to facilitate the enjoyment of basic human rights.
Monitoring mechanisms
In order to monitor the compliance of states with their obligations, the United Nations system
has created mechanisms that examine state parties' compliance with the specific treaty
obligations. These mechanisms include the Human Rights Council and bodies created under
the international human rights treaties that consist of independent experts. The majority of
these bodies receive secretariat support from the Office of the High Commissioner for
Human Rights (OHCHR). Similar mechanisms do not exisit for the monitoring of compliance
with international humanitarian law.
The Human Rights Council is composed of 47 elected United Nations Member States,
empowered to prevent abuses, inequity and discrimination, protect the most vulnerable, and
expose the perpetrators of human rights violations. The Council established Special
Procedures (or mechanisms) to address either specific country situations or thematic issues
across the globe. Special Procedures are either an individual –a special rapporteur or
representative, or independent expert—or a working group. They are prominent,
independent experts working on a voluntary basis and are appointed by the Human Rights
Council. There are currently 30 thematic mandates and eight country mandates. All report to
the Human Rights Council on their findings and recommendations.
Additionally, there are several other United Nations bodies which are concerned with the
promotion and protection of human rights.