Codification of Rights and Justice
- Codification refers to the process of formally recording rights and justice principles in legal documents.
- This provides a clear framework for protection and enforcement.
International Level
1. Universal Declaration of Human Rights (UDHR) (1948)
- A foundational document that outlines universal human rights.
- Although not legally binding, it influences international law and norms.
- The UDHR was adopted by the United Nations General Assembly in 1948, reflecting a global consensus on fundamental human rights after the atrocities of World War II.
2. International Covenants
- International Covenant on Civil and Political Rights (ICCPR) (1966)
- International Covenant on Economic, Social and Cultural Rights (ICESCR) (1966)
- These covenants, along with the UDHR, form the International Bill of Human Rights.
- The UN encourages states to turn human rights into enforceable, binding laws.
- Two types of state support:
- Signing – Symbolic support, state agrees in principle but not legally bound.
- Ratifying – State commits to the treaty and can face consequences if it violates it.
- Two types of state support:
- Major UN Human Rights Treaties: Summary
- ICERD (1965): Bans racial discrimination; widely accepted by all Security Council members.
- ICCPR (1966): Covers civil and political rights (e.g., free speech, legal rights); not ratified by China, Malaysia, Saudi Arabia, Singapore.
- ICESCR (1966): Focuses on economic, social & cultural rights (e.g., education, fair work); US has not ratified.
- CEDAW (1979): Protects women’s rights across all areas; US has not ratified.
- UNCAT (1984): Prohibits torture and inhumane treatment; widely accepted.
- CRC (1989): Defines children’s rights and protections under age 18; US and Somalia have not ratified.
- CMW (1990): Protects migrant workers; not widely accepted, no Security Council ratification.
- Rome Statute (ICC, 2002): Establishes International Criminal Court for war crimes/genocide; US and China have not ratified.
- UNDRIP (2007): Focuses on indigenous peoples’ rights; initially rejected by several states (e.g., US, Canada), later endorsed.
Regional Instruments
- European Convention on Human Rights (ECHR)
- African Charter on Human and Peoples' Rights
- American Convention on Human Rights
- These regional instruments reflect cultural and historical contexts, adapting universal principles to specific regions.
National Level
1. Constitutions
- Many countries enshrine human rights in their constitutions, providing a legal basis for protection.
- These constitutional protections often serve as a benchmark for courts when interpreting laws and defending individual freedoms.
- South Africa’s post-apartheid constitution (1996) includes a Bill of Rights that explicitly guarantees civil, political, and socio-economic rights.
2. Legislation
- Specific laws are enacted to protect rights, such as the Equality Act in the United Kingdom.
- Such laws help ensure accountability by making discrimination or rights violations legally punishable through national courts.
The Human Rights Act 1998 (UK)
- What it does: Incorporates the European Convention on Human Rights (ECHR) into UK law.
- Key rights protected:
- Right to life
- Freedom from torture
- Right to a fair trial
- Freedom of expression
- Right to privacy
- Impact: Allows individuals to bring human rights cases before UK courts without needing to go to the European Court of Human Rights in Strasbourg.
- When analyzing the codification of rights, consider how international, regional, and national frameworks interact.
- This multi-layered approach helps ensure comprehensive protection.
Protection of Rights and Justice
Definition
Protection
Protection involves ensuring that codified rights are respected and enforced.
1. International Mechanisms
- United Nations Human Rights Council (UNHRC)
- Monitors human rights globally and conducts the Universal Periodic Review (UPR) of member states.
- International Criminal Court (ICC)
- Prosecutes individuals for crimes such as genocide, war crimes, and crimes against humanity.
- The ICC's prosecution of leaders like Sudan's Omar al-Bashir for alleged war crimes in Darfur demonstrates its role in enforcing international justice.
2. Regional Courts
- European Court of Human Rights (ECHR)
