United Nations Human Rights Law

2019 ◽  
pp. 65-94
Author(s):  
Steven Wheatley
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Regulatory Authority ◽  
Moral Code ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
African Countries ◽  
South West Africa ◽  
The United Nations ◽  
The 1960S

Chapter 3 tells the story of human rights in the United Nations. The work shows how we can understand the UN as a complex system of regulatory authority, which evolves with changes in the behaviours of the Member States and United Nations bodies as they respond to new information. The analysis demonstrates that, up until the 1960s, human rights provided a set of moral guidelines only, informing states how they should treat those subject to their jurisdiction and control. That was until the newly independent African countries joined the Organization and turned their attention to the problem of systematic racial discrimination in southern Africa, especially after the 1960 Sharpeville Massacre, when UN action against South Africa and South West Africa (Namibia) transformed the non-binding moral code contained in the Universal Declaration of Human Rights into a body of international human rights law, with the development explained by the importance of subsequent agreements and practices in the evolution of the regulatory authority of the United Nations.

scholarly journals Gender identity and expression in focus: The report of the United Nations Independent Expert on sexual orientation and gender identity, by Victor Madrigal-Borloz.

2018 ◽  
Vol 28 (3) ◽  
pp. 133-135
Author(s):  
Zhan Chiam ◽  
Julia Ehrt
Keyword(s):  
Human Rights ◽  
Sexual Orientation ◽  
Gender Identity ◽  
United Nations ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
Independent Expert ◽  
The United Nations ◽  
And Gender

In his recent report, the United Nations Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity, Victor Madrigal-Borloz, examines the “process of abandoning the classification of certain forms of gender as a pathology” – “depathologization”—and elaborates on the “full scope of the duty of the State to respect and promote respect of gender recognition as a component of identity” (p. 2). The report also discusses active measures to respect gender identity and concludes with a list of recommendations. While other United Nations special procedures and agencies have addressed and condemned violence and discrimination on the grounds of gender identity and expression, this report provides a deeper analysis on its root causes. It is the first special procedures report that exclusively addresses human rights with regard to gender identity and expression, and must be considered a mile-stone in the development and enunciation of international human rights law in this regard.

The Idea of International Human Rights Law

2019 ◽  
pp. 189-204
Author(s):  
Steven Wheatley
Keyword(s):  
Human Rights ◽  
United Nations ◽  
International Law ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
Legal Practice ◽  
International Human Rights ◽  
Moral Concept ◽  
International Human ◽  
The United Nations

Chapter 7 summarizes and clarifies the argument in the book, explaining the distinctive nature of International Human Rights Law. It reminds us that states invented human rights in 1945 with the inauguration of the United Nations Charter. They explained the meaning of the term ‘human rights’ three years later with the adoption of the Universal Declaration of Human Rights, although the concept evolved in a radically different direction than originally expected as states responded to events in apartheid southern Africa. The central insight of this final chapter is that the moral concept of human rights, which emerges from the legal practice, then influences the legal practice. We see this with the introduction, without debate, of the system of Universal Periodic Review, in the pro homine approach to the interpretation of human rights treaties, and in the modern methodology for customary international law formation, which looks first to the communication acts of the United Nations General Assembly. The book concludes by showing how the influence of the idea of human rights on the legal practices can explain the fragmentation of international law and, relatedly, the special nature of International Human Rights Law.

International Human Rights Law

2019 ◽  
Author(s):  
Rhona K. M. Smith
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Freedom Of Expression ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
The Subject ◽  
International Human ◽  
The United Nations ◽  
The Right

International Human Rights Law provides a concise introduction for students new to the subject. Clearly written and broad in scope, this popular text gives a concise introduction to international human rights, including regional systems of protection and the key substantive rights. The author skillfully guides you through the complexities of the subject, making it accessible to those with little or no prior legal and/or international knowledge. Key cases and areas of debate are highlighted throughout, and a wealth of references to cases and further readings are provided at the end of each chapter. The book continues to be relied upon by students worldwide as the first book to turn to for clear and accurate coverage. It discusses the United Nations; the United Nations’ organizational structure; regional protection of human rights; Europe; the Americas; Africa; key treaties and mechanisms for monitoring, implementing, and enforcing human rights; substantive rights; equality and non-discrimination; the right to life; freedom from torture; cruel, inhuman, and degrading treatment or punishment; the rights to liberty of person; equality before the law; the right to a fair trial; the right to self-determination; freedom of expression; the right to work; the right to education and human rights education; minority rights; and group rights.

20. The right to education and human rights education

2017 ◽  
Author(s):  
Rhona K. M. Smith
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Human Rights Education ◽  
International Human Rights Law ◽  
Access To Education ◽  
Human Rights Law ◽  
Right To Education ◽  
The United Nations ◽  
Education Academic ◽  
The Right

This chapter discusses the right to education and human rights education in international human rights law. It covers access to education; the nature of education; academic freedom; the United Nations’ special rapporteur on the right to education; achieving universal education on human rights; teaching non-discrimination; and the United Nations Decade of Human Rights Education.

21. The right to education and human rights education

2019 ◽  
pp. 390-404
Author(s):  
Rhona K. M. Smith
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Human Rights Education ◽  
International Human Rights Law ◽  
Access To Education ◽  
Human Rights Law ◽  
Right To Education ◽  
The United Nations ◽  
Education Academic ◽  
The Right

This chapter discusses the right to education and human rights education in international human rights law. It covers access to education, the nature of education, academic freedom, the United Nations Special Rapporteur on the right to education, achieving universal education on human rights, teaching non-discrimination, and the United Nations Decade of Human Rights Education.

International Human Rights Law

2018 ◽  
Author(s):  
Rhona K. M. Smith
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Freedom Of Expression ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
The Subject ◽  
International Human ◽  
The United Nations ◽  
The Right

International Human Rights Law provides a concise introduction for students new to the subject. Clearly written and broad in scope, this popular text gives a concise introduction to international human rights, including regional systems of protection and the key substantive rights. The author skillfully guides you through the complexities of the subject, making it accessible to those with little or no prior legal and/or international knowledge. Key cases and areas of debate are highlighted throughout, and a wealth of references to cases and further readings are provided at the end of each chapter. The book continues to be relied upon by students worldwide as the first book to turn to for clear and accurate coverage. It discusses the United Nations; the International Bill of Human Rights; the United Nations’ organizational structure; regional protection of human rights; Europe; the Americas; Africa; monitoring, implementing, and enforcing human rights; substantive rights; equality and non-discrimination; the right to life; freedom from torture; cruel, inhuman, and degrading treatment or punishment; the rights to liberty of person; equality before the law; the right to a fair trial; the right to self-determination; freedom of expression; the right to work; the right to education and human rights education; minority rights; and group rights.

Complementarity between the ICRC and the United Nations and international humanitarian law and international human rights law, 1948–1968

2012 ◽  
Vol 94 (888) ◽  
pp. 1433-1454 ◽  
Author(s):  
Katharine Fortin
Keyword(s):  
Human Rights ◽  
United Nations ◽  
International Committee ◽  
International Humanitarian Law ◽  
International Human Rights Law ◽  
Humanitarian Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
International Human ◽  
The United Nations

AbstractThis article shows that between the drafting of the Universal Declaration of Human Rights in 1948 and the Tehran conference in 1968, international human rights law and international humanitarian law and their respective guardian institutions, the United Nations (UN) and the International Committee of the Red Cross (ICRC), were not so conceptually far apart as is sometimes suggested. Its purpose is to give further legitimacy to the role of human rights law in armed conflict and show that cooperation between the UN and the ICRC has a long history.

The United Nations Commission on Human Rights

2020 ◽  
Author(s):  
Pace John P
Keyword(s):  
Human Rights ◽  
United Nations ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
High Commissioner ◽  
International Human ◽  
The United Nations ◽  
Human Rights Standards ◽  
Complete Account

This book provides the most complete account to date of the UN human rights programme, both in substance and in chronological breadth. The author worked at the heart of this programme for over thirty years, including as the Secretary of the Commission on Human Rights, and Coordinator of the World Conference on Human Rights, which took place in Vienna in 1993. The book traces the issues taken up by the Commission after its launch in 1946, and the methods undertaken to enhance absorption and domestication of international human rights standards. It lays out the special procedures carried out by the United Nations, and the emergence of international human rights law. It then turns to the establishment of the Office of the High Commissioner for Human Rights and the mainstreaming of human rights across the UN system, eventually leading to the establishment of the Human Rights Council to replace the Commission in 2006. Many of the problems we face today, including conflict, poverty and environmental issues, have their roots in human rights problems. This book identifies what has been done at the international level in the past, and points towards what still needs to be done for the future.

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