25. International humanitarian law

This chapter examines international humanitarian law, the principal body of international law which applies in times of armed conflict, and which seeks to balance the violence inherent in an armed conflict with the dictates of humanity. International humanitarian law protects the civilian population from the ravages of conflict, and establishes limitations on the means and methods of combat. The chapter is organized as follows. Section 2 considers the nature of international humanitarian law and identifies some of its cardinal principles and key rules. Section 3 explores the similarities and differences between international humanitarian law and international human rights law, comparing and contrasting their historical origins and conceptual approaches. Given that international humanitarian law applies during armed conflict, Section 4 considers whether there is a need for international human rights law also to apply. Section 5 ascertains the relationship between the two bodies of law and Section 6 considers some of the difficulties with the application of international human rights law in time of armed conflict.

22. Europe

This chapter examines the origins, historical development, and key characteristics of the various inter-state organizations engaged in human rights activities in Europe. Having briefly described the Organization for Security and Cooperation in Europe, it examines the Council of Europe and the European Union, including the European Convention on Human Rights, the European Court of Human Rights and the EU Charter of Fundamental Rights.

21. The Americas

This chapter considers human rights protection across the Americas, and focuses in particular on the Organization of American States (OAS). The chapter begins with a historical overview of the OAS. The OAS has drafted and promulgated several human rights documents and treaties, including the American Declaration on the Rights and Duties of Man and the American Convention on Human Rights, as well as others. Having introduced the main instruments for the protection the chapter then considers the two main OAS institutions that are mandated to promote and protect human rights: the Inter-American Commission on Human Rights and the Inter-American Court of Human Rights. Finally, challenges to the Inter-American system are discussed.

14. Cultural rights

This chapter examines the sources of cultural rights in international human rights law, describes their evolution, and highlights the major debates regarding their interpretation. Specifically, it discusses the content and meaning of the right to take part in cultural life, the right to enjoy the benefits of scientific progress and its applications, and the rights of authors and inventors to the protection of their moral and material interests.

11. Thought, expression, association, and assembly

This chapter discusses the sources, scope, and limitations of the four fundamental freedoms: thought, expression, association, and assembly. Freedom of thought includes freedom of conscience, religion, and belief. Freedom of expression includes freedom of opinion and freedom of information. Freedom of association concerns the right to establish autonomous organizations through which individuals pursue common interests together. The right of assembly protects non-violent, organized, temporary gatherings in public and private, both indoors and outdoors.

30. Poverty

This chapter, which addresses the challenge posed by poverty to human rights protection, first explains the meaning of ‘poverty’ and explores its relationship to human rights, development, and social justice. It also considers the context of globalization, and then illustrates the ways in which human rights concerns diverge from those of development and poverty reduction. The chapter examines how economists think about poverty and human rights, and analyses the thinking of governors of central banks and ministers of finance. Next, it addresses the convergence between human rights and anti-poverty agendas, beginning with some economic thinking that is congruent with human rights, and then turns to policies aiming to combat poverty using human rights tools.

16. Women’s rights

This chapter examines women’s rights. Section 2 describes the treatment of women in international law prior to the adoption of the UN Charter, in order to highlight the significance of the subsequent shift to the promotion of women’s equality. It examines the non-discrimination approach favoured by the drafters of the founding human rights instruments, highlighting the importance of the approach as well as some of its limitations. Section 3 examines the innovative approach taken in the Convention on the Elimination of All Forms of Discrimination Against Women, the drafters of which aimed to address the problems attending the concept of non-discrimination by promoting a strong version of women’s substantive equality. Section 4 considers the strategy of ‘gender mainstreaming’ adopted in the 1990s, which sought to reinterpret mainstream human rights to be inclusive of women’s experiences. Section 5 concludes by highlighting some continuing obstacles presented by the law itself, which prevent women from successfully claiming and enjoying human rights.

12. Education and work

This chapter discusses two human rights that belong to the category of economic, social, and cultural rights: the right to education and the right to work. It explains how the modern view of the nature of economic, social, and cultural rights can be applied to these rights. The chapter discusses the sources of the rights under international human rights law, their main features, and components; the obligations resulting from each right; and the relationship of each right with other human rights. Both rights are crucial for the ability to live a life in dignity and develop one’s personality.

1. History

This chapter traces the historical development of the concept of human rights and their status in international law. It first discusses human rights on the domestic plane, focusing on the key developments since the late eighteenth century, and then examines international law from the perspective of human rights over the period up to the Second World War. Finally, the chapter considers the efforts to create a universal system of human rights protection in the 1940s, culminating with the proclamation of the Universal Declaration of Human Rights in 1948.

29. Terrorism

This chapter first addresses the question of whether terrorism constitutes a violation of human rights, or whether the notion of human rights violations can only be applied to action by states, and then considers challenges to the applicability of human rights law in the fight against terrorism, particularly since 9/11. It focuses on the notion of terrorism, and in particular the risks posed to human rights protection by vague or over-inclusive definitions of terrorism. The main section of the chapter deals with some of the major challenges posed by counter-terrorism measures to substantive human rights protections. It is argued that the unprecedented post-9/11 wave of counter-terrorism laws and measures that infringed upon human rights was a unique situation, and that governments and intergovernmental organizations are realizing that full compliance with human rights in the fight against terrorism is not only morally and legally correct but is also the most effective way of combating terrorism in the long term.