International Human Rights Law Overview

Study Notes

International Human Rights Law

International human rights law is a set of principles and standards governing the protection of individual and collective rights granted by various international laws and treaties. It exists independently from domestic law and operates alongside it.

Case Law

Case law refers to precedential decisions made by courts and tribunals, which can influence later cases involving similar issues. In the context of international human rights law, there are several key sources of case law:

The European Court of Human Rights: This court has jurisdiction over all Member States of the Council of Europe. Its decisions are binding on those countries, and they often establish important interpretations of the European Convention on Human Rights.
Human Rights Committees: These committees monitor compliance with international covenants like the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR). Their decisions, while not legally binding, offer insight into how states should interpret their obligations under these treaties.
Regional Human Rights Courts: These courts exist in other regions around the world, such as Africa, the Americas, and the Inter-American Commission on Human Rights. They also issue nonbinding decisions based on regional human rights instruments.

Fundamental Rights

Fundamental rights are the basic rights to which everyone is entitled regardless of nationality, social status, gender, age, race, religion, political belief, etc.. Examples of fundamental rights protected by international human rights law include:

Right to life
Freedom from torture and cruel treatment
Freedom from slavery and servitude
Right to liberty and security of person
Right to recognition as a person before the law
Right to freedom of thought, conscience and religion
Right to marry and found a family
Right to own property alone as well as in association with others
Right to seek and enjoy asylum from persecution

Primary Legal Provisions

There are numerous international treaties, conventions, and declarations that form the foundation of international human rights law. Some examples include:

Universal Declaration of Human Rights (UDHR) - Adopted in 1948 by the United Nations General Assembly, this declaration sets out fundamental human rights to be universally protected.
European Convention on Human Rights (ECHR) - Established in 1953, this convention defines civil and political rights guaranteed to individuals within its member states. Many of these rights parallel those outlined in the UDHR.
International Bill of Human Rights - This term encompasses both the Universal Declaration of Human Rights and the two main human rights treaties, the ICCPR and ICESCR, adopted in 1966. Together, these three documents serve as the cornerstone of modern human rights law.

Academic Commentary

Academic commentary plays an essential role in interpreting and shaping the application of international human rights law. Scholars contribute to debates surrounding legal theory, policy analysis, comparative studies, and empirical research. Their work helps illuminate complex legal concepts and promotes understanding among practitioners, policymakers, and members of the public.

Description

Explore the fundamental principles of international human rights law, including case law, fundamental rights, primary legal provisions, and the role of academic commentary in shaping interpretations and applications. Learn about key sources of case law, fundamental rights protected under international law, and foundational international treaties and declarations.