1.2.4 International human rights law
This Toolkit deals primarily with obligations arising from treaties and focuses on the UN system, although there will be some reference to regional systems.
Many human rights norms have been codified by the United Nations over the past fifty years and given force through a range of covenants, conventions, protocols and other instruments. These human rights norms are universal, indivisible, interdependent and interrelated, as States re-affirmed at the 1993 Vienna World Conference on Human Rights. States have also accepted the establishment of international bodies to supervise national compliance with international human rights law. Thus, the promotion and protection of human rights has become an objective in the international community and this has direct implications for UNCT staff in the field. In many cases, treaty bodies3 have identified NHRIs as key implementing mechanisms for facilitating the national application of international human rights.
TWO SOURCES OF CONVENTIONAL OR TREATY-BASED
INTERNATIONAL HUMAN RIGHTS OBLIGATIONS
The UN system has general application internationally, subject to individual state ratifications or accessions, declarations and reservations.
Regional systems for human rights protection apply within territorial limitations, e.g. the African, the Inter- American and the European human rights systems.
There are three general sources of international law: (1) treaty or conventional law, (2) customary international law, and (3) general principles of law. For the purposes of this Toolkit, we will focus on treaty or conventional law.
Upon ratifying a treaty or convention, States undertake certain legal obligations.
Annex 1: Table of UN Instruments and International Law provides an overview of the key UN instruments listed according to their thematic relevance. (See the end of Chapter 1)
Annex 2: Table of Regional Instruments and International Law provides an overview of the key regional instruments. (See the end of Chapter 1)
A guide to interpreting specific instruments is provided in General Comments prepared by the relevant UN Treaty Bodies.
Many international human rights instruments impose obligations on ratifying States “to take all appropriate measures” to ensure that international human rights are implemented at the national level. The establishment of a national institution is a key mechanism through which States respond to this obligation.
NHRIs can serve as ideal relay mechanisms at the country level to ensure application of international human rights norms. The list of instruments ratified by each country, as well as the relevant reservations and declarations made by or in respect of each country, are found on the website of the Office of the High Commissioner of Human Rights.
At the regional level, there are also important human rights instruments:
Annex 2: Table of Regional Instruments and International Law provides an overview of the key regional instruments.
UNCTs should also be aware of regional networks of NHRIs: i.e., the Network of National Institutions for the Promotion and Protection of Human Rights in the Americas; the Asia Pacific Forum of National Human Rights Institutions; the Network of African National Human Rights Institutions, and the European Group of National Human Rights Institutions. Sub-regional groupings have also been established, e.g., the West-African Group of National Human Rights Institutions. NHRIs of the Commonwealth also collaborate with the support of the Commonwealth Secretariat. Many NHRIs are also members of the International Ombudsman Institute.
3 Information on treaty bodies can be found in Chapter 3, section 3.6.1