International legislation on Human Rights, also called the International Human Rights Law, is formed by a series of legal documents, treaties, and conventions which are accompanied and expanded by protocols, guidance, declarations, and recommendations and are adopted on an international level. There are also legal tools that are adopted on a regional level. Additionally, International Human Rights Law is often reflected and reinforced in national legislations and constitutions.
States that are parties to Human Rights Treaties are obliged to respect, protect and fulfil human rights. States that have ratified Human Rights Treaties are obliged to adapt their national legal systems in order to implement, respect, and protect human rights on a local level.
Moreover, there are regional and international complaints mechanisms accessible to states, groups, and individuals that complement the International Human Rights Law system and ensure its efficiency. Such as:
- International Criminal Court
- European Court of Human Rights
- International Court of Justice
- Inter-American Court of Human Rights
- African Commission on Human and Peoples’ Rights
- African Court on Human and Peoples’ Rights
- Special Procedures of the Human Rights Council
- Human Rights Council Complaint Procedure
- Human Rights Committee (CCPR)
- Committee on Elimination of Discrimination against Women (CEDAW)
- Committee against Torture (CAT)
- Committee on the Elimination of Racial Discrimination (CERD)
- Committee on the Rights of Persons with Disabilities (CRPD)
- Committee on Enforced Disappearances (CED)
- Committee on Economic, Social and Cultural Rights (CESCR)
- Committee on the Rights of the Child (CRC)
- Committee on Migrant Workers (CMW)
National complaints mechanisms often take the form of Ombudsman Institutions, Human Rights Defenders, National Human Rights Institutions and Human Rights Committees.
FUNDAMENTAL LEGISLATION ON HUMAN RIGHTS
The fundamental international legislative document on Human Rights is the Universal Declaration of Human Rights approved in December 1948 by the United Nations General Assembly.
Charter of the United Nations outlines the basic principles of human rights law in its preamble and articles 1, 55, and 56.
INTERNATIONAL BILL OF HUMAN RIGHTS
The Universal Declaration of Human Rights is included in The International Bill of Human Rights, which also includes:
- The International Covenant on Civil and Political Rights (1966) and its Optional Protocols
- The International Covenant on Economic, Social and Cultural Rights (1966)
The International Bill of Human Rights constitutes the core legal foundation for human rights protection worldwide. Since its establishment, the International Bill of Human Rights has been expanded and developed further via additional HR legal instruments and their respective protocols.
INTERNATIONAL LEGAL HUMAN RIGHTS INSTRUMENTS
- International Convention on the Elimination of All Forms of Racial Discrimination (1965)
- Convention on the Elimination of All Forms of Discrimination against Women (1979)
- Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (1984)
- Convention on the Rights of the Child (1989)
- Optional protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict (2000)
- Optional protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography (2000)
- Optional Protocol to the Convention on the Rights of the Child on a communications procedure (2014)
- International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (1990)
- International Convention for the Protection of All Persons from Enforced Disappearance (2006)
- Convention on the Rights of Persons with Disabilities (2006)
ADDITIONAL INTERNATIONAL LEGAL HUMAN RIGHTS TOOLS
In addition to the International Bill of Human Rights and the accompanying treaties and legal instruments stated above, there is a multitude of other legal tools that support the protection of Human Rights worldwide. These are listed below as they appear on the Office Of The United Nations High Commissioner For Human Rights’ (OHCHR) web portal on Universal Human Rights Instruments.
World Conference on Human Rights and Millennium Assembly
The Right of Self-Determination
- United Nations Declaration on the Granting of Independence to Colonial Countries and Peoples
- General Assembly resolution 1803 (XVII) of 14 December 1962, “Permanent sovereignty over natural resources”
- International Convention against the Recruitment, Use, Financing and Training of Mercenaries
Rights of Indigenous Peoples and Minorities
- Declaration on the Rights of Indigenous Peoples
- Indigenous and Tribal Peoples Convention, 1989 (No. 169)
- Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities
Prevention of Discrimination
- Equal Remuneration Convention, 1951 (No. 100)
- Discrimination (Employment and Occupation) Convention, 1958 (No. 111)
- Declaration on Race and Racial Prejudice
- Convention against Discrimination in Education
- Protocol Instituting a Conciliation and Good Offices Commission to be responsible for seeking a settlement of any disputes which may arise between States Parties to the Convention against Discrimination in Education
- Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief
- World Conference against Racism, 2001 (Durban Declaration and Programme of Action)
Rights of Women
- Declaration on the Protection of Women and Children in Emergency and Armed Conflict
- Declaration on the Elimination of Violence against Women
Rights of the Child
Rights of Older Persons
Rights of Persons with Disabilities
- Declaration on the Rights of Mentally Retarded Persons
- Declaration on the Rights of Disabled Persons
- Principles for the protection of persons with mental illness and the improvement of mental health care
- Standard Rules on the Equalization of Opportunities for Persons with Disabilities
Human Rights in the Administration of Justice: Protection of Persons Subjected to Detention or Imprisonment
- United Nations Standard Minimum Rules for the Treatment of Prisoners (the Nelson Mandela Rules)
- Basic Principles for the Treatment of Prisoners
- Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment
- United Nations Rules for the Protection of Juveniles Deprived of their Liberty
- Declaration on the Protection of All Persons from Being Subjected to Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
- Principles of Medical Ethics relevant to the Role of Health Personnel, particularly Physicians, in the Protection of Prisoners and Detainees against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
- Principles on the Effective Investigation and Documentation of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
- Safeguards guaranteeing protection of the rights of those facing the death penalty
- Code of Conduct for Law Enforcement Officials
- Basic Principles on the Use of Force and Firearms by Law Enforcement Officials
- United Nations Standard Minimum Rules for Non-custodial Measures (The Tokyo Rules)
- United Nations Standard Minimum Rules for the Administration of Juvenile Justice (The Beijing Rules)
- Guidelines for Action on Children in the Criminal Justice System
- United Nations Guidelines for the Prevention of Juvenile Delinquency (The Riyadh Guidelines)
- Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power
- Basic Principles on the Independence of the Judiciary
- Basic Principles on the Role of Lawyers
- Guidelines on the Role of Prosecutors
- Principles on the Effective Prevention and Investigation of Extra-legal, Arbitrary and Summary Executions
- Declaration on the Protection of All Persons from Enforced Disappearance
- Basic Principles and Guidelines on the Right to a Remedy and Reparation
- International Convention for the Protection of All Persons from Enforced Disappearance
- United Nations Rules for the Treatment of Women Prisoners and Non-custodial Measures for Women Offenders (the Bangkok Rules)
- Updated Set of principles for the protection and promotion of human rights through action to combat impunity
Social Welfare, Progress and Development
- Declaration on Social Progress and Development
- Universal Declaration on the Eradication of Hunger and Malnutrition
- Declaration on the Use of Scientific and Technological Progress in the Interests of Peace and for the Benefit of Mankind
- Declaration on the Right of Peoples to Peace
- Declaration on the Right to Development
- Universal Declaration on the Human Genome and Human Rights
- Universal Declaration on Cultural Diversity
Promotion and Protection of Human Rights
- Principles relating to the status of national institutions (The Paris Principles)
- Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms
- United Nations Declaration on Human Rights Education and Training
Marriage
- Convention on Consent to Marriage, Minimum Age for Marriage and Registration of Marriages
- Recommendation on Consent to Marriage, Minimum Age for Marriage and Registration of Marriages
Right to Health
Right to Work and Fair Conditions of Employment
Freedom of Association
- Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87)
- Right to Organise and Collective Bargaining Convention, 1949 (No. 98)
Slavery, Slavery-Like Practices and Forced Labour
- Slavery Convention
- Protocol amending the Slavery Convention signed at Geneva on 25 September 1926
- Supplementary Convention on the Abolition of Slavery, the Slave Trade, and Institutions and Practices Similar to Slavery
- Forced Labour Convention, 1930 (No. 29)
- Abolition of Forced Labour Convention, 1957 (No. 105)
- Convention for the Suppression of the Traffic in Persons and of the Exploitation of the Prostitution of Others
- Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime
Rights of Migrants
Nationality, Statelessness, Asylum, and Refugees
- Convention on the Reduction of Statelessness
- Convention relating to the Status of Stateless Persons
- Convention relating to the Status of Refugees
- Protocol relating to the Status of Refugees
- Declaration on the Human Rights of Individuals who are not nationals of the country in which they live
War Crimes and Crimes against Humanity, Including Genocide
- Convention on the Prevention and Punishment of the Crime of Genocide
- Convention on the Non-Applicability of Statutory Limitations to War Crimes and Crimes against Humanity
- Principles of international co-operation in the detection, arrest, extradition and punishment of persons guilty of war crimes and crimes against humanity
- Statute of the International Tribunal for the Former Yugoslavia
- Statute of the International Tribunal for Rwanda
- Rome Statute of the International Criminal Court
Humanitarian Law
- Geneva Convention relative to the Treatment of Prisoners of War
- Geneva Convention relative to the Protection of Civilian Persons in Time of War
- Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts (Protocol I)
- Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of Non-International Armed Conflicts (Protocol II)
REGIONAL LEGAL HUMAN RIGHTS INSTRUMENTS
In addition to international legislation on Human Rights listed above, there are regional legal initiatives to protect Human Rights and reinforce the implementation of international law on a regional level.
Examples of Regional Legislation on Human Rights:
- The European Convention on Human Rights (ECHR, 1950)[1]
- The American Convention on Human Rights (IACHR, 1969)
- The African Charter on Human and Peoples’ Rights (ACHPR, 1981)
INTERNATIONAL HUMAN RIGHTS ORGANISATIONS
- African Commission on Human and Peoples’ Rights
- African Court on Human and Peoples’ Rights
- Amnesty International
- Association of Humanitarian Lawyers
- Amazon Watch
- Anti-Slavery International
- Avocats Sans Frontières
- Committee on Elimination of Discrimination against Women (CEDAW)
- Committee against Torture (CAT)
- Committee on the Elimination of Racial Discrimination (CERD)
- Committee on the Rights of Persons with Disabilities (CRPD)
- Committee on Enforced Disappearances (CED)
- Committee on Economic, Social and Cultural Rights (CESCR)
- Committee on the Rights of the Child (CRC)
- Committee on Migrant Workers (CMW)
- Centre for World Indigenous Studies
- Coalition for the International Criminal Court
- Cultural Survival
- Carter Center
- Center for Economic and Social Rights
- Center for Human Rights and Humanitarian law
- Committee of Concerned Scientists
- Committee to Protect Journalists
- Commonwealth Human Rights Initiative
- Danish Institute for Human Rights (Denmark)
- Disabled Peoples’ International
- Enough Project
- Equality Now
- European Court of Human Rights
- Freedom from Torture
- Freedom House
- Global Centre for the Responsibility to Protect
- Global Rights
- Habitat International Coalition
- Helsinki Watch
- Human Life International
- Human Rights Internet
- Human Rights Without Frontiers
- Human Rights Council Complaint Procedure
- Human Rights Committee (CCPR)
- Human Rights First
- Human Rights Watch
- International Criminal Court
- International Court of Justice
- Inter-American Court of Human Rights
- Institute for War and Peace Reporting
- International Alliance of Women
- International Association of Jewish Lawyers and Jurists
- International Center for Transitional Justice
- International Centre for Human Rights and Democratic Development
- International Centre for Human Rights Research
- International Coalition against Enforced Disappearances
- International Commission of Jurists
- International Red Cross and Red Crescent Movement
- International Federation of Red Cross and Red Crescent Societies
- International Foundation for Human Rights and Tolerance
- International Freedom of Expression Exchange
- International Institute of Human Rights
- International Partnership for Human Rights (IPHR)
- International Property Rights Index
- International Progress Organization
- International Rehabilitation Council for Torture Victims
- International Rescue Committee
- International Tibet Support Network
- International Service for Human Rights
- International Society for Human Rights
- International Work Group for Indigenous Affairs
- Islamic Human Rights Commission
- International Federation for Human Rights
- International Helsinki Federation for Human Rights
- International Organization of Human Rights IOHR (OIDO)
- Mind Freedom International
- Minority Rights Group International
- National Labor Committee in Support of Human and Worker Rights
- Network for Education and Academic Rights
- No Peace Without Justice
- Norwegian Refugee Council
- Peace Brigades International
- People & Planet
- Point of Peace Foundation
- Protection International
- Physicians for Human Rights
- Physicians for Social Responsibility
- Refugees International
- Release International
- Reporters Without Borders
- Special Procedures of the Human Rights Council
- The Advocates for Human Rights
- The National Network for Immigrant and Refugee Rights
- Torture Abolition and Survivors Support Coalition
- Transparency International
- Unitarian Universalist Service Committee
- UN Watch
- Universal Tolerance Organization
- World Organisation Against Torture
- Witness (human rights group)
Key links and resources:
Office of the High Commissioner for Human Rights
UN Universal Declaration of Human Rights
[1] See Rights Info.