🧍🏼‍♂️International Human Rights Unit 7 – Human Rights Enforcement: Global Mechanisms

Key Concepts and Definitions

• Human rights are universal, inalienable, indivisible, interdependent and interrelated rights inherent to all human beings regardless of race, gender, nationality, ethnicity, language, religion, or any other status
• Enforcement mechanisms are the various processes and institutions designed to protect and promote human rights at the international, regional, and national levels
• Treaty bodies are committees of independent experts that monitor the implementation of core international human rights treaties by state parties
• Special procedures are independent human rights experts with mandates to report and advise on human rights from a thematic or country-specific perspective
• Universal Periodic Review (UPR) is a unique process which involves a periodic review of the human rights records of all 193 UN Member States
• Customary international law refers to international obligations arising from established practices of states, as opposed to obligations arising from formal written conventions or treaties
• Jus cogens are peremptory norms of international law from which no derogation is permitted (prohibition of genocide, slavery, torture)

Historical Context of Human Rights Enforcement

• The Universal Declaration of Human Rights (UDHR), adopted in 1948, laid the foundation for the modern human rights system and inspired the development of numerous human rights treaties
• The UN Charter, signed in 1945, includes provisions for promoting and encouraging respect for human rights and fundamental freedoms
• The Nuremberg trials, held after World War II, prosecuted individuals for crimes against humanity and war crimes, establishing the principle of individual criminal responsibility under international law
• The Cold War period saw the adoption of the two main human rights covenants, the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR) in 1966
• The end of the Cold War and the fall of the Berlin Wall in 1989 led to a renewed focus on human rights and the establishment of new enforcement mechanisms (International Criminal Tribunals for the former Yugoslavia and Rwanda)
• The Vienna Declaration and Programme of Action, adopted at the 1993 World Conference on Human Rights, reaffirmed the universality, indivisibility, and interdependence of all human rights

Major International Human Rights Treaties

• The International Bill of Human Rights consists of the UDHR, ICCPR, and ICESCR, which together form the foundation of international human rights law
• The Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) addresses discrimination against women and promotes gender equality
• The Convention on the Rights of the Child (CRC) sets out the civil, political, economic, social, health and cultural rights of children
• The Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT) prohibits torture and other forms of ill-treatment
• The International Convention on the Elimination of All Forms of Racial Discrimination (ICERD) commits states to eliminate racial discrimination and promote understanding among all races
• The Convention on the Rights of Persons with Disabilities (CRPD) promotes and protects the rights and dignity of persons with disabilities
• The International Convention for the Protection of All Persons from Enforced Disappearance (ICPPED) aims to prevent enforced disappearances and combat impunity for this crime

UN Human Rights Mechanisms

• The Human Rights Council is an inter-governmental body responsible for strengthening the promotion and protection of human rights around the globe and addressing human rights violations
  • Conducts the Universal Periodic Review (UPR) of the human rights records of all UN Member States
  • Appoints Special Procedures mandate holders to address either specific country situations or thematic issues
• The Office of the High Commissioner for Human Rights (OHCHR) is the leading UN entity on human rights, with a mandate to promote and protect human rights for all
• The UN General Assembly's Third Committee focuses on social, humanitarian, and cultural issues, including human rights
• The UN Security Council can address human rights issues, particularly when they threaten international peace and security (imposing sanctions, authorizing peacekeeping missions)
• Treaty bodies monitor the implementation of core international human rights treaties by reviewing reports submitted by state parties and issuing concluding observations and recommendations
  • Examples include the Human Rights Committee (ICCPR), Committee on Economic, Social and Cultural Rights (ICESCR), and Committee against Torture (CAT)

Regional Human Rights Systems

• The European Court of Human Rights (ECtHR) enforces the European Convention on Human Rights, which protects civil and political rights in Council of Europe member states
  • Individuals can bring cases directly to the ECtHR after exhausting domestic remedies
• The Inter-American Commission on Human Rights (IACHR) and Inter-American Court of Human Rights (IACtHR) enforce the American Convention on Human Rights in the Americas
  • The IACHR receives individual complaints and monitors the human rights situation in member states
  • The IACtHR issues binding judgments in cases referred by the IACHR or member states
• The African Commission on Human and Peoples' Rights (ACHPR) and African Court on Human and Peoples' Rights (AfCHPR) enforce the African Charter on Human and Peoples' Rights
  • The ACHPR receives individual complaints, conducts country visits, and issues resolutions and general comments
  • The AfCHPR complements the protective mandate of the ACHPR by issuing binding judgments
• The ASEAN Intergovernmental Commission on Human Rights (AICHR) promotes and protects human rights in Southeast Asia, but lacks a binding enforcement mechanism

Role of NGOs and Civil Society

• NGOs play a crucial role in monitoring human rights situations, documenting abuses, and advocating for change at the local, national, and international levels
  • Amnesty International conducts research, launches public campaigns, and lobbies governments to respect human rights
  • Human Rights Watch investigates and reports on human rights abuses worldwide, pressuring governments and international organizations to take action
• NGOs provide input and expertise during the drafting of human rights treaties and contribute to the work of UN human rights mechanisms (submitting shadow reports to treaty bodies, participating in Human Rights Council sessions)
• Civil society organizations engage in human rights education, raise public awareness, and provide direct assistance to victims of human rights violations
• Human rights defenders, including activists, lawyers, and journalists, play a vital role in promoting and protecting human rights, often at great personal risk
  • The UN Declaration on Human Rights Defenders recognizes the important work of human rights defenders and calls on states to protect them

Challenges in Human Rights Enforcement

• State sovereignty and the principle of non-interference in domestic affairs can hinder international efforts to address human rights violations
• Lack of political will and resources can impede the effective implementation of human rights obligations by states
• Cultural relativism arguments are sometimes used to justify human rights violations, challenging the universality of human rights
• Weak enforcement mechanisms and lack of binding obligations in some human rights instruments (UDHR, ICESCR) limit their effectiveness
• Selectivity and double standards in the application of human rights norms by states and international organizations undermine the credibility of the human rights system
• The rise of populism, nationalism, and authoritarianism in various parts of the world poses a threat to human rights and the rule of law
• Persistent impunity for human rights violations, particularly by powerful actors (states, corporations), erodes the effectiveness of human rights enforcement

Case Studies and Notable Examples

• The International Criminal Tribunal for the former Yugoslavia (ICTY) prosecuted individuals for war crimes, crimes against humanity, and genocide committed during the Yugoslav Wars (Srebrenica massacre)
• The International Criminal Tribunal for Rwanda (ICTR) brought to justice those responsible for the 1994 Rwandan genocide, which claimed the lives of approximately 800,000 people
• The International Criminal Court (ICC) investigates and prosecutes individuals for genocide, war crimes, crimes against humanity, and the crime of aggression (cases in Uganda, Democratic Republic of the Congo, Darfur, Libya)
• The ECtHR has issued landmark judgments on issues such as the prohibition of torture (Selmouni v. France), freedom of expression (Sunday Times v. United Kingdom), and the right to a fair trial (Golder v. United Kingdom)
• The IACtHR has addressed cases involving forced disappearances (Velásquez Rodríguez v. Honduras), indigenous rights (Awas Tingni v. Nicaragua), and amnesty laws (Barrios Altos v. Peru)
• The ACHPR has dealt with issues such as the right to self-determination (Katangese Peoples' Congress v. Zaire), freedom from arbitrary detention (Constitutional Rights Project v. Nigeria), and the rights of indigenous peoples (Endorois v. Kenya)
• The UN Human Rights Council has established commissions of inquiry and fact-finding missions to investigate human rights violations in countries such as Syria, Myanmar, and Venezuela