Human Rights - Basics
Human Rights - Basics
Many people view human rights as a set of moral principles that apply to everyone. Human rights are also
part of international law, contained in treaties and declarations that spell out specific rights that countries
are required to uphold. Countries often incorporate human rights in their own national, state, and local
laws.
“Ensure that a human being will be able to fully develop and use human
qualities such as intelligence, talent, and conscience and satisfy his or
her spiritual and other
“Every individual and every organ of society … shall strive by teaching and education to promote
respect for these rights and freedoms and by progressive measures, national and international, to
secure their universal and effective recognition and observance.”
This provision means that not only the government, but also businesses, civil society, and individuals are
responsible for promoting and respecting human rights.
When a government ratifies a human rights treaty, it assumes a legal obligation to respect, protect, and
fulfill the rights contained in the treaty. Governments are obligated to make sure that human rights are
protected by both preventing human rights violations against people within their territories and providing
effective remedies for those whose rights are violated. Government parties to a treaty must do the
following:
For example, governments can: For example, governments can: For example, governments can:
In 1945, the U.S. ratified the United The 1938 Fair Labor Standards Act The “New Deal” laws of the 1930s
Nations Charter, which established the provides protection for children against established the foundation of the
United Nations. child labor in the U.S. modern welfare system in the U.S.
Photo: The signing of the UN Charter, 1945. Photo: Protest against child labor, 1901 Photo: Depression era breadline, 1930
Q: How DEFINITIONS
do Rights Bec DECLARATION TREATY,
CONVENTION,
COVENANT, CHARTER
ome Law? document stating standards or
principles, but which is not legally binding agreement
ANSWER: International
human rights law provides
legally binding between two or more countries
an important framework for
guaranteeing the rights of RRATIFICATION RESERVATION
all people, regardless of
where they live.
formal process by which a the exception that States make
International human rights
law is contained in many country agrees to be bound to a treaty (e.g. provisions
different types of by the terms of a treaty within the treaty
documents, including the government does not
treaties, charters, accept)
conventions, and
covenants. Despite the
different official names,
these documents are all considered treaties and have the same effect under international law: countries
that ratify a treaty are legally obligated to protect the rights it describes.
The human rights treaty process usually begins at the United Nations or a similar international body.
Legal and subject matter experts might first create a draft of the treaty. After the draft is written, the UN or
other body will arrange a meeting between representatives of interested countries to negotiate the final
terms, or content, of the treaty. This can be a lengthy process if large numbers of countries want to
participate in the drafting process. Non-governmental organizations are sometimes allowed to offer
recommendations during some of the stages of the drafting process. After the negotiating countries agree
on a final text of the treaty, the treaty is opened for ratification by countries that want to become parties to
it.
Countries have different methods for acceding to or ratifying treaties. For the United States to become a
party to a treaty, the president must first sign it, and then present it to the Senate, where two-thirds of the
senators must vote to ratify it. Through ratification, a country agrees to be legally bound by the terms of
the treaty.
Countries that ratify treaties are allowed to enter reservations to those instruments. Reservations are
statements made by a country that “modify the legal effect of certain provisions of the treaty.” Entering a
reservation allows a government to agree to most of a treaty, while excluding or limiting parts that might
be controversial or unconstitutional in its own country. Many countries have entered reservations to the
major human rights treaties, which can limit the effectiveness of the treaties in protecting people against
abuses committed by their governments.
Sources
Declaration of Independence. http://www.archives.gov/exhibits/charters/declaration_transcript.html.
International Human Rights in a Nutshell by Thomas Buergenthal, Dinah Shelton and, David Stewart. (St. Paul: West-Group,
2002).
NESRI. “Government Obligations Under Human Rights Standards.”
http://www.nesri.org/economic_social_rights/gov_obligation.html.
Public International Law in a Nutshell by Thomas Buergenthal, Sean D. Murphy. (St. Paul: Thompson/West, 2007).
UN Charter. http://www1.umn.edu/humanrts/instree/auncharter.html.
UN. OHCHR. “International Human Rights Law.” http://www.ohchr.org/EN/ProfessionalInterest/Pages/InternationalLaw.aspx.
UN. OHCHR. “What are Human Rights?” http://www.ohchr.org/EN/Issues/Pages/WhatareHumanRights.aspx.
UN. The Universal Declaration of Human Rights. http://www.un.org/en/documents/udhr/.
United Nations Cyber School Bus. “Understanding Human Rights.”
http://www0.un.org/cyberschoolbus/humanrights/about/understanding.asp.
UDHR. “Drafting and Adoption: The Universal Declaration of Human Rights.” http://www.udhr.org/history/default.htm.
United States Senate. “Treaties.” http://www.senate.gov/artandhistory/history/common/briefing/Treaties.htm.
Vienna Convention on the Law of Treaties. http://untreaty.un.org/ilc/texts/instruments/english/conventions/1_1_1969.pdf.
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