Human Rights

• The Universal Declaration of Human Rights was adopted by the United Nations General Assembly on December 10, 1948.
• Human rights are universal and apply to everyone regardless of their race, gender, religion or nationality.
• There is no hierarchy among human rights - they all have equal importance
• It is a common standard of achievements, an international document that sets out fundamental rights and freedoms for all individuals
• Regulated, governed and protected by international courts that create international laws. International courts include the ICC and the ICJ
• ICC deals with crimes against humanity, ICJ settles legal disputes and gives advice and opinions on legal questions by authorized UN agencies.
• iCC example: Thomas Dyilo, a Congolese warlord, was prosecuted for his role in recruiting child soldiers during armed conflict. The act subjected many victims to serever physical and psychological harm, as well as depriving them of their education.
• The ICC cases demonstrate the court's commitment to safeguarding human rights by holding criminals accountable
• International Laws can provide frameworks for protecting human rights too
• International Covenant on Civil and Political Rights (ICCPR)

  • 173 countries are signatories to the ICCPR, emphasizing the global importance of the addressed issue in safeguarding civil and human rights
  • Right to self-deterimination
  • Non-discrimination
• International Covenant on Civil and Political Rights (ICCPR)

  • 173 countries are signatories to the ICCPR, emphasizing the global importance of the addressed issue in safeguarding civil and human rights
  • Right to self-determination
  • Non-discrimination
  • State parties must respect and ensure the rights recognized by the ICCPR within their territory, so no dscrimination
• The Convention Against Torture (UNCAT)

  • April 2022, 173 state parties have ratified the UNCAT
  • Any act intentionally inflicting severe physical or mental pain or suffering on a person
  • UNCAT declares that there are no exceptional circumstances that would justify torture
  • Even during states of war, the use of torture is strictly prohibited
• The countries that are signatories to or have ratified international laws are obliged to take measures to prevent or alleviate the addressed issue within its jurisdiction.
• International laws establish legal binding obligations for states to abide, respect and protect human rights. Ratifying these international laws and incorporating them into domestic laws allow states to commit to upholding human rights.
• Some countries, or regions of the world have not given signatories to certain international laws, but have ratified such laws upholding human rights
• Hong Kong is an example of a region that has not given signatories to stated international laws, but have ratified them and incorporated aspects of the international laws in its domestic laws
• The Basic Law in Hong Kong enshrines some of the human rights set out by the UDHR; it protects fundamental rights such as freedom of assembly and freedom of speech, rights that do not exist in mainland China
• Despite not being a signatory of the ICCPR, Hong Kong has set up a "Bill of Ordinance which is similar to the ICCPR. By virtue of this ordinance and the Basic Law Article 39, citizens of Hong Kong are able to enjoy the rights outlined by the ICCPR
• UDHR cannot be promoted across every country of the globe if the country rejects foreign intervention, especially when the country prioritizes its sovereignty over human rights.
• Politically repressed states like North Korea engages in systemic human rights abuses despite international condemnation and legal obligations. These human rights abuses include lack of freedom of expression, forced labor and torture
• UDHR falls short as states still have primary authority over its internal affairs. Challenges arise in trying to protect people from those states as the state may resist external intervention like investigations