The Evolution of Human Rights Law
Human rights were not created overnight; rather, they have developed over generations. Their roots can be traced back to concepts such as ethics and justice that have permeated throughout human civilizations for millennia – including Babylonian, Chinese, Indian, Buddhist, Christian, Confucian, Hindu, Islamic and Jewish traditions alike.
These concepts are crucial not only for individual lives, but also the communities as a whole. They provide a framework which allows people to recognize and fulfill their common responsibilities as members of society.
In the past, these concepts were primarily created through written texts; however, today they are codified in international law and policy documents such as treaties, declarations and conventions that establish universally-accepted standards of human rights protection.
As these documents have been ratified by numerous countries and regional human rights regimes have established themselves with international courts in place, there has been a gradual build-up of acceptance of their legal norms.
Although history is vast, it has seen many significant turning points and epochs. Perhaps most importantly, however, was the era of abolition, when people were freed from oppression and exploitation.
Another critical era was the interwar period, when citizens and activists worked through non-governmental organizations (NGOs) to push for international standards that would prevent future genocide and mass killings. These developments laid the groundwork for what would eventually become known as the United Nations, founded in 1945 and still influential today as an authoritative body of international law.
The United Nations Charter and the network of treaties it has inspired are at the foundation of a comprehensive system for human rights promotion and protection. This framework emphasizes empowerment over enforcement, with all Member States having an obligation to uphold fundamental Charter provisions.
In addition to the universal system of human rights law, which is administered by the UN, other international bodies also promote and enforce human rights in various ways. Examples include Council of Europe, Organization of American States, as well as various regional human rights frameworks.
These institutions operate under the auspices of either an intergovernmental organization or international political body, and each has its own distinct objectives, methods and procedures for upholding human rights. Unlike the UDHR which remains a declaration without binding force until it is incorporated into national laws of member states, each system relies on a network of ‘conventions’ with an international court that can enforce these principles individually.
In the postwar era, governments began developing regional systems of international human rights law to combat serious violations. To this end they established various bodies such as international commissions and courts to investigate and prosecute crimes relating to citizens’ rights.
