Human Rights Law – what are human rights?

Traditionally, human rights Laws have been viewed as the rights of individuals against their governments.

The human rights act was part of the national law of the states and was protected in the national constitution. Ironically, the responsibility of nation-states to protect human right is to protect citizens against nation-states themselves! The scope of these human right was determined by national judges, who in special cases had to decide whether a state had violated human rights. After World War II, human right were protected under treaties. Some of the most important institutions have been created under the auspices of the United Nations.

Human Rights Law
Human Rights Law

Examples of treaties with a worldwide

Scopus is an international treaty on civil and political rights and an international treaty on economic, social, and cultural rights (both 1966). The Universal Declaration of Human Rights, adopted by the UN General Assembly in 1948, is significant. This is not an agreement to speak properly, because it was not made by an agreement between the states. In Europe, the European Convention on Human Right (1953) has also been an influential source of human right.

Since human rights were proclaimed and protected through international treaties, they are no longer confined to the realm of national law. While states may theoretically withdraw from treaties, in practice this is often not a viable option.

Importance of human rights

States that have committed themselves to the protection of human rights have made promises to their citizens that are largely beyond their control. This trend also applies when the application and interpretation of treaties are assigned to judicial bodies that are beyond the power of nation-states.

An example of such an institution is the European Court of Human Right, which can make decisions that define the application of the European Convention on Human Right and is binding on states.

So while states can still decide what human rights they are bound by treaties, the scope of those rights is often determined by independent courts. As such, states have lost control of the part of the law that binds them and that binds them.

human rights articles Ius Cogens

This loss of control is exacerbated when it is assumed that states may also be bound by human rights, which they have not agreed to for the first time.

This is the case if the human right is part of what is known as Ius cogens, a set of permanent principles of international law that the international community of states has accepted and recognized as principles that Insulting is not allowed. Restrictions on violence and genocide and the basic principles of the human right have been recognized as human right which has been described as Ius cogens.

A standard is said to be permanent if it is binding and cannot be separated by any other standard. This means that if there is a conflict of principles, permanent rules prevail.

As these examples illustrate, the human rights sector has, to some extent, freed itself from the control of nation-states, and states, in modern times, are bound by legal principles over which they cannot control.

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