Understand how rights and justice are codified, protected, and monitored Notes

Codification of Rights and Justice

1. Codification refers to the process of formally recording rights and justice principles in legal documents.
2. This provides a clear framework for protection and enforcement.

International Level

1. Universal Declaration of Human Rights (UDHR) (1948)

1. A foundational document that outlines universal human rights.
2. Although not legally binding, it influences international law and norms.

2. International Covenants

1. International Covenant on Civil and Political Rights (ICCPR) (1966)
2. International Covenant on Economic, Social and Cultural Rights (ICESCR) (1966)
3. These covenants, along with the UDHR, form the International Bill of Human Rights.
4. The UN encourages states to turn human rights into enforceable, binding laws.
   1. Two types of state support:
      1. Signing – Symbolic support, state agrees in principle but not legally bound.
      2. Ratifying – State commits to the treaty and can face consequences if it violates it.

Regional Instruments

1. European Convention on Human Rights (ECHR)
2. African Charter on Human and Peoples' Rights
3. American Convention on Human Rights

National Level

1. Constitutions

1. Many countries enshrine human rights in their constitutions, providing a legal basis for protection.
2. These constitutional protections often serve as a benchmark for courts when interpreting laws and defending individual freedoms.

2. Legislation

1. Specific laws are enacted to protect rights, such as the Equality Act in the United Kingdom.
2. Such laws help ensure accountability by making discrimination or rights violations legally punishable through national courts.

Protection of Rights and Justice

1. International Mechanisms

1. United Nations Human Rights Council (UNHRC)
   1. Monitors human rights globally and conducts the Universal Periodic Review (UPR) of member states.
2. International Criminal Court (ICC)
   1. Prosecutes individuals for crimes such as genocide, war crimes, and crimes against humanity.

2. Regional Courts

1. European Court of Human Rights (ECHR)
2. Inter-American Court of Human Rights
3. These courts provide legal recourse for individuals whose rights have been violated.

3. National Mechanisms

1. Judicial Systems
   1. Courts interpret and enforce constitutional and legal protections of rights.
2. Human Rights Commissions
   1. Independent bodies that investigate violations and promote awareness.

Monitoring of Rights and Justice

1. International Monitoring

1. United Nations Treaty Bodies
   1. Committees that oversee the implementation of specific treaties, such as the Committee on the Elimination of Discrimination against Women (CEDAW).
2. Non-Governmental Organizations (NGOs)
   1. Organizations like Amnesty International and Human Rights Watch play a vital role in monitoring and reporting violations.

2. National Monitoring

1. Ombudsman Offices
   1. Independent agencies that address complaints about government actions and protect citizens' rights.
2. Civil Society
   1. Activists and community organizations monitor and advocate for rights at the grassroots level.

UN Human Rights Violation Complaints

1. Who can complain?
   1. Individuals (or representatives) can file a detailed complaint after failing to get justice via national courts.
   2. States can file complaints against other states for human rights violations.
   3. Other actors (e.g. NGOs) can submit evidence of systematic abuse to relevant UN committees.
2. What happens next?
   1. The committee alerts the accused state.
   2. A UN inquiry may follow (including an official visit).
   3. Recommendations are issued to address the violation.
   4. The state must respond with evidence within ~6 months.
   5. The process is confidential and depends on the state’s cooperation.

Challenges in Codification, Protection, and Monitoring

1. Sovereignty vs. International Norms
   1. States may resist international intervention, citing sovereignty.
2. Cultural Relativism
   1. Debates arise over whether universal rights conflict with cultural practices.
3. Enforcement Gaps
   1. Lack of resources or political will can hinder effective enforcement.