International human rights instruments are treaties and other international documents relevant to international human rights law and the protection of human rights in general. They can be classified into two categories: declarations, adopted by bodies such as the United Nations General Assembly, which are not legally binding although they may be politically so as soft law; and conventions, which are legally binding instruments concluded under international law. International treaties and even declarations can, over time, obtain the status of customary international law.
International human rights instruments can be divided further into global instruments, to which any state in the world can be a party, and regional instruments, which are restricted to states in a particular region of the world.
Most conventions establish mechanisms to oversee their implementation. In some cases these mechanisms have relatively little power, and are often ignored by member states; in other cases these mechanisms have great political and legal authority, and their decisions are almost always implemented. Examples of the first case include the UN treaty committees, while the best exemplar of the second case is the European Court of Human Rights.
Mechanisms also vary as to the degree of individual access to them. Under some conventions â€" e.g. the European Convention on Human Rights â€" individuals or states are permitted, subject to certain conditions, to take individual cases to the enforcement mechanisms; under most, however (e.g. the UN conventions), individual access is contingent on the acceptance of that right by the relevant state party, either by a declaration at the time of ratification or accession, or through ratification of or accession to an optional protocol to the convention. This is part of the evolution of international law over the last several decades. It has moved from a body of laws governing states to recognizing the importance of individuals and their rights within the international legal framework.
The Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, and the International Covenant on Economic, Social and Cultural Rights are sometimes referred to as the international bill of rights.
Declarations
Global
- Declaration of the Rights of the Child 1923
- Universal Declaration of Human Rights (UN, 1948)
- Declaration on the Rights of Disabled Persons (UN, 1975)
- Declaration on the Right to Development (UN, 1986)
- Vienna Declaration and Programme of Action (World Conference on Human Rights, 1993)
- Declaration of Human Duties and Responsibilities (UNESCO, 1998)
- Universal Declaration on Cultural Diversity (UNESCO, 2001)
- Declaration on the Rights of Indigenous Peoples (UN, 2007)
- UN declaration on sexual orientation and gender identity (UN, 2008)
Regional: Americas
- American Declaration of the Rights and Duties of Man (OAS, 1948)
Regional: Asia
- ASEAN Human Rights Declaration (ASEAN, 2009)
Regional: Middle East
- Cairo Declaration of Human Rights in Islam (OIC,1990)
Conventions
Global
According to OHCHR, there are 9 core international human rights instruments and several optional protocols. The core instruments are:
- Convention on the Elimination of All Forms of Racial Discrimination (ICERD, 21 December, 1965)
- International Covenant on Civil and Political Rights (ICCPR, 16 December, 1966)
- International Covenant on Economic, Social, and Cultural Rights (ICESCR, 16 December, 1966)
- Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW, 18 December, 1979)
- Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT, 10 December, 1984)
- Convention on the Rights of the Child (CRC, 20 November, 1989)
- International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (ICMW, 18 December, 1990)
- International Convention for the Protection of All Persons from Enforced Disappearance (CPED, 20 December, 2006)
- Convention on the Rights of Persons with Disabilities (CRPD, 13 December, 2006)
Several more human rights instruments exist. A few examples:
- International Convention on the Suppression and Punishment of the Crime of Apartheid (ICSPCA)
- Convention Relating to the Status of Refugees and Protocol Relating to the Status of Refugees
- Convention on the Reduction of Statelessness
- Convention on the Prevention and Punishment of the Crime of Genocide
- Indigenous and Tribal Peoples Convention, 1989 (ILO 169)
Regional: Africa
- African Charter on Human and Peoples' Rights
- African Charter on the Rights and Welfare of the Child
- Maputo Protocol
Regional: America
- American Convention on Human Rights
- Inter-American Convention to Prevent and Punish Torture
- Inter-American Convention on Forced Disappearance of Persons
- Inter-American Convention on the Prevention, Punishment, and Eradication of Violence against Women
- Inter-American Convention on the Elimination of All Forms of Discrimination against Persons with Disabilities
Regional: Europe
- Charter of Fundamental Rights of the European Union
- Convention on Action against Trafficking in Human Beings
- European Convention on Nationality
- European Charter for Regional or Minority Languages (ECRML)
- European Convention on Human Rights (ECHR)
- European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT)
- European Social Charter (ESC), and Revised Social Charter
- Framework Convention for the Protection of National Minorities (FCNM)
Regional: Middle East
- Arab Charter on Human Rights (ACHR)
See also
- Universal jurisdiction
- Rule of Law in Armed Conflicts Project (RULAC)
- International Criminal Court (established in 2002)
- International human rights law
- Human rights treaty bodies
- List of human rights organizations
- List of indigenous rights organizations
- Rule of law
- Rule According to Higher Law
References
External links
- International Human Rights Instruments - U.N. list
- International Justice Resource Center News and resources for international human rights law
