INTERNATIONAL HUMAN RIGHTS:

History & Foundation of Human Rights

MIAN ALI HAIDER

LL.B., L.L.M(Cum Laude) (UK)
 Where Do Human Rights Begin?
“In small places, close to home, so close and so
small that they cannot be seen on any maps of the
world. Yet they are the world of the individual
person, the neighborhood he lives in, the factory,
farm, or office where he worked. Such are the
places where every man, woman, and child seeks
equal justice, equal opportunity, equal dignity
without discrimination. Unless these rights have
meaning there, they have little meaning anywhere.”

Eleanor Roosevelt, 1958

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 DEFINITION
HUMAN RIGHTS are the rights that all
people have by virtue of being human
beings.

HUMAN RIGHTS are derived from the

inherent dignity of the human person and
are defined internationally, nationally and
locally by various law making bodies.
 Overview
Brief History of International Human Rights*
Modern Protection of Human Rights
United Nations
Regional Organizations
Local Non-Governmental Organizations
Health as a Human right

*Source: “International Human Rights: Law,

Policy and Process,” David Weissbrodt, Joan
Fitzpatrick and Frank Newman (3d ed. 2001)
 Brief History
Antiquity
Code of Hammurabi
Rights of Athenian citizens
Medieval
Magna Carta (1215)
Sir Thomas Aquinas’ theory of natural
rights (13th Century)
 Brief History
Enlightenment
English Declaration of the Rights of Man
(1689)
U.S. Declaration of Independence (1776)
French Declaration of the Rights of Man
and of the Citizen (1789)
United States Constitution and Bill of
Rights (1789)
 Brief History
Early Developments (cont.)
International Committee for the Red Cross
(1863)
Geneva Convention (1864)
Hague Conventions (1899 and 1907)
League of Nations and the International
Labor Organization (1919)
 Brief History
Aftermath of World War II
Roosevelt’s Four Freedoms Speech
(January 6, 1941)
The Atlantic Charter Between the United
States and Great Britain (August 14, 1941)
The Nuremberg and Tokyo Tribunals
Creation of the United Nations (1945)
 Modern Protection of
International Human Rights
The Preamble to the United Nations
Charter states that the “Peoples of the
United Nations” are determined “to
reaffirm faith in fundamental human
rights, in the dignity and worth of the
human person, in the equal rights of
men and women and of nations large
and small.”
 Modern Protection of
International Human Rights
In 1948, the UN General Assembly
adopted the Universal Declaration of
Human Rights.* The Declaration
enumerates civil, political, economic,
social, and cultural rights, but the
Declaration contains no provisions for
monitoring or enforcement.
* 48-0 with 8 abstentions (Eastern bloc, Saudi
Arabia and South Africa)
 Modern Protection of
International Human Rights
In 1966, the General Assembly
adopted:
The Covenant on Civil and Political Rights
(and its First Optional Protocol)
The Covenant on Economic, Social and
Cultural Rights
which, together with the UDHR, are
now known as the International Bill of
Human Rights
Covenant on Civil and Political Rights:
Prohibits discrimination on the basis of “race,
color, sex, language, religion, political or other
opinion, national or social origin, property, birth
or other status” without regard to citizenship
Prohibits torture and cruel, inhuman or
degrading treatment or punishment (personal
integrity)
Prohibits slavery
Limits the death penalty (in countries that still
allow it) to the most serious crimes committed
by persons over 18
Covenant on Civil and Political Rights (cont.):
Prohibits arbitrary arrest or detention
Protects freedom of movement and residence
Protects the right to trial, presumption of
innocence, right to a lawyer, right to an
appeal, freedom from self-incrimination, and
freedom from double jeopardy
Protects freedom of opinion and expression
Protects freedom of association and assembly
Public emergency exception (but no torture,
executions, or slavery is ever permissible)
Ratified by the United States in 1992
Covenant on Economic, Social and Cultural Rights:
Right to work and make a “decent living for
themselves and their families”
Safe and healthy working conditions
Right to form trade unions with the right to
strike
Right of everyone to Social Security, including
social insurance “widest possible protection and
assistance should be accorded to the family,
which is the natural and fundamental group unit
of society”
Covenant on Economic, Social and Cultural
Rights (cont.):
Right to adequate food, clothing and housing
and to the continuous improvement of living
conditions
Right to education
Right to heath care
Economic rights are subject to each county’s
ability to provide such rights progressively as
its resources permit
Signed but not ratified by the United States
 Modern Protection of
International Human Rights
In addition to the International Bill of Human
Rights, the United Nations has drafted and
promulgated over 80 human rights instruments:
genocide
racial discrimination
discrimination against women
Refugee protection
torture
the rights of disabled persons
the rights of the child
UN Human Rights Bodies
Security Council
General Assembly
Economic and Social Council
Commission on Human Rights
Subcommission on the Promotion and
Protection of Human Rights
Commission on the Status of Women
UN Human Rights Bodies
Commission on Crime Prevention and
Criminal Justice
International Court of Justice
International Criminal Court
Office of the High Commissioner for
Human Rights (created by the General
Assembly in 1993)
UN Human Rights Bodies
Treaty Monitoring Bodies
Human Rights Committee
Committee on the Elimination of All Forms of
Racial Discrimination
Committee on the Elimination of Discrimination
Against Women
Committee Against Torture
Committee on the Rights of the Child
Committee on Economic Social and Cultural Rights
Human Rights in International Law
Regional Organizations and Law-Making
European Convention for the Protection of Human
Rights and Fundamental Freedoms (1950)
implemented by the European Commission of
Human Rights and the European Court of Human
Rights
The American Declaration of the Rights and Duties
of Man adopted by the Organization of American
States in 1948 and the American Convention on
Human Rights adopted by the OAS in 1969 which
are implemented by the Inter-American
Commission on Human Rights and the Inter-
American Court of Human Rights
Human Rights in International Law
Regional Organizations and Law-Making
(cont.)
Organization of African Unity was founded
in 1963 and adopted the African Charter on
Human and Peoples’ Rights in 1981. The
African Commission on Human and
Peoples’ Rights is charged with supervising
the implementation of the African Charter.
Use of Courts to Protect Human
Rights
Federal and Provincial Legislatures may
enact legislation that specifically
incorporates international law into
domestic law
Judicial interpretation and application of
existing legislative or constitutional
provisions
Local Non-Governmental
Organizations
Advocates for Human Rights
American Refugee Committee
Center for Victims of Torture
Institute on Agricultural and Trade
Policy
Universities creating Human Rights
Centers
 NGO Activities
Monitor elections and political trials
Investigate human rights and conditions
Analyze human rights practices in closed
countries – Albania, North Korea, Saudi
Arabia, Pakistan, India
Identify and analyze conflicts in disputed
territories.
Child slavery in Haiti; child health in
Mexico, Uganda and the United States
 NGO Activities
Lobby United Nations
Draft model statutes
Inquest procedures
Forensic techniques
Domestic violence laws
Represent political asylum seekers
Promote ratification of human rights
treaties
Health Care and Human Rights
The revelations of the Nuremberg trials about
experiments by physicians on concentration
camp inmates led to the creation of the World
Medical Association. One of the first acts of
the WMA was the revision of the Hippocratic
Oath in 1948 to include: “I will not permit
consideration of race, religion, nationality,
party politics, or social standing to intervene
between my duty and my patient.”
 Convention on the Elimination of All
Forms of Discrimination Against Women
Articles 11 provides special protection
to women during pregnancy with
respect to types of work that are proven
to be harmful to them.
 Convention on the Elimination of All
Forms of Discrimination Against Women
(cont.)
Article 12 insures equality of men and
women with respect to access to health
care services including those related to
family planning and specifically providing
that women get appropriate services in
connection with pregnancy, confinement,
and the post natal period, including
adequate nutrition during pregnancy and
lactation.
 Convention on the Elimination of All
Forms of Discrimination Against Women
(cont.)
Article 14 provides equal access to women
in rural areas to health care facilities
including counseling services and family
planning.
Human Rights are more than
Values and behaviours
that we think other
countries don’t hold or
implement, so we often
claim they don’t value
Human Rights as well as
we do
Definitions in the Charter
Human Rights
– Basically Civil and Political Rights (ICCPR)
– Include any other right or freedom recognised by law
– Belong to people, not corporations
‘Public Authority’ must respect them, including:
– Public servants and statutory officers, local
government
– Statutory entity with functions ‘of a public nature’
– Any entity with functions of a public nature when
exercising them on behalf of the state or a public
authority
HUMAN RIGHTS PROTECTED BY
THE CHARTER ARE:
•Recognition and equality before the law
•Protection of families and children
• As a person;
• without discrimination; •Taking part in public life
• To equal protection of the law;
and •Cultural rights
• special programs for
•Property rights
disadvantaged are permitted
•Life •Right to liberty and security of person
•Protection from cruel, inhuman or
degrading treatment •Humane treatment when deprived of liberty
•Forced work •Children in the criminal process have
•Freedom of expression special rights
•Peaceful assembly and freedom of
•Fair hearing for an accused criminal
association
•Freedom of movement •Rights in criminal proceedings
•Privacy and reputation
•Right not to be tried or punished more than
•Freedom of thought, conscience, religion once
and belief
•Retrospective criminal laws not allowed
How the Charter works
• Parliament should establish a culture of respect for Human Rights

• Statements of compatibility must be made in parliament when laws are

introduced

• Parliament may override application of human rights in exceptional

circumstances*

• Existing laws must be interpreted to be compatible with the Charter

wherever possible

• All Public Authorities must act compatibly with the Charter

• Supreme Court can declare statutes incompatible, direct minister to

amend them

Parliament remains supreme in determining whether to pass or retain

legislation incompatible with the Charter principles.
Who is bound by the charter?
APPLIES TO ALL PUBLIC AUTHORITIES (and NGOs/private contractors
performing public functions)

IS INTENDED TO PROMOTE INDIVIDUALS’ RIGHT TO BE HEARD

ALMOST A ‘SUPER LAW’ – SO FAR AS POSSIBLE ALL LEGISLATION HAS

TO BE INTERPRETED TO BE COMPATIBLE WITH THE CHARTER or a
Declaration of incompatibility will be issued by THE Supreme Court

DEMOCRATIC DIALOGUE – proposed laws have to be measured against

human rights protected by the Charter. NB – this is one way for NGOs to
hold government to account
Overall
• Charter protects individuals who are natural persons,
not corporations
• Duties on three branches of government
– Parliament – compatibility statements
– Courts – interpret all Acts compatibly if possible
– Executive – obligation to act compatibly, breach
may be relied on in some legal proceedings
• In addition to FOI, Privacy, Administrative law,
Whistleblowers protection, Ombudsman, anti-
discrimination laws etc. – and the rules of natural
justice
THE CHARTER PROVIDES A human right can
be limited

such reasonable limits as can be demonstrably justified in a

free and democratic society based upon human dignity,
equality and freedom and taking into account all relevant
factors:
• The nature of the right

• The importance of the purpose of the limitation

• The nature and extent of the limitation

• The relationship between the limitation and its purpose

• Any less restrictive means reasonably available to achieve

the purpose that the limitation seeks
Some UK Cases
R v Enfield London
Borough Council 2002
Local authority may have
a duty to take positive
steps to secure a disabled
person’s physical integrity
and dignity, even if it had
the right to evict him.
Robertson v Wakefield
Metropolitan Council
2002
Public authorities must
ensure their decision
making processes take
into account individuals’
human rights – they may
be forced to do them all
over again if they didn’t!
HOW NGOs CAN USE THE
CHARTER
• Demanding protection of human dignity
• Challenging discrimination
• Promoting participation and HR sensitive
decision-making
• Challenging brutality
• Taking positive steps to protect human rights
• Using human rights principles where resources
are an issue
• Using human rights to challenge blanket policies
• Protecting human rights in contracted-out
services
Some UK cases where human
rights made a difference . . .
DIGNITY
Staff refused to clean the room of a man detained in a maximum security psychiatric centre in
seclusion, where he repeatedly soiled himself, or move him saying he would just ‘do it again.’
The advocate challenged the treatment of the man on the basis of inhumane and degrading
treatment, and his right to privacy, successfully.

CHALLENGING DISCRIMINATION
A psychiatric hospital had a practice of sectioning asylum seekers who didn’t speak English without
an interpreter. An NGO successfully challenged this practice on human rights ground: it was a
breach of their right not to be discriminated against on the basis of language, and their right to
liberty.

PROMOTING PARTICIPATION
A disability support team had a policy of providing support to users who wanted to participate in
social activities, but refused to provide a worker for a gay man who wanted to go to a gay pub.
Heterosexual users regularly went to clubs and pubs of their choice. The man’s advocate
challenged this on the basis of the man’s right to respect for his privacy and not to be
discriminated against on the basis of sexuality
HUMAN RIGHTS in a nutshell
1. Belong to everyone – they can’t be taken away from marginalised
individuals

2. Are about the relationship between the state and individuals

3. Provide a floor, not a ceiling, of basic standards, below which the state
must not fall and which it must protect or fulfil

4. KEY PRINCIPLES:
– Fairness
– Respect
– Equality
– Dignity
» In a democratic society