International human right
Definition of right;-
Right is an interest recognized by law. Interest means acquisition of benefit and repulsion of harm.
Definition of human rights;-
Human rights are the basic rights and freedoms that belong to every person in the world, from birth until death. They apply regardless of where you are from, what you believe or how you choose to live your life.
Nature of HR;-
Human rights are natural rights and universal rights .Natural rights are those rights which are given by law of nature law of nature is morality. Morality means sense of write and wrong. Human rights are the same for all human being regardless of race religion national and social origin .
Origin and development of Human Rights;-
I)Greek Period ;-
It was in ancient Greek period where the concept of human rights began.Greek has two laws jus civil and jus gentum.
l Jus civil deals with the rights of their own citizen.
l jus gentum deals with the right of foreigners.
ii)Last Sermon of prophet;-
The Last Sermon of the Prophet (PBUH) was a comprehensive document relating to “human rights”It is the divine charter of human rights in which holy prophet said that
All mankind is from Adam and Eve, an Arab has no superiority over a non-Arab nor a non-Arab has any superiority over an Arab; also a white has no superiority over a black nor a black has any superiority over a white except by piety and good action.
“O People, it is true that you have certain rights with regard to your women, but they also have rights over you. treat your women well and be kind.
the life and property of every Muslim is a sacred trust.
iii)Magna carta 1215;-
It is a charter of rights agreed to by King John of England It is one of the most important documents in history because it established the principle that everyone is subject to the law, even the king, and guarantees the rights of individuals such as the right to justice and the right to a fair trial.
Iv)Bill of right 1689
The English Bill of Rights of 1689 was the most advanced document of its kind at that time,because it give the following rights
Freedom of speech in parliament,
The right to bear arms,
The right to petition leaders, and
Certain due process rights.
V)American resolution;-
The American Revolution in short was the fight between America and England, in order for America to create their own country. Although Its effects on Human rights is controversial.some said that there effect on human right is that During British rule Americans had been treated poorly but after the revolution, the American now had there own country and there own constitution,which giving them more rights then they had rights to during British rule.
Vi)Treaty of Versailles;-
The Versailles Treaty of 1919 was one of the most outrageous and predatory treaties in history. It was a blatant act of plunder perpetrated by a gang of robbers against a helpless, prostrate and bleeding Germany. The proceedings at Versailles are highly enlightening because they reveal the inner workings of imperialist diplomacy, the crude reality of power politics and the material interests that lurk behind the flowery phrases about Liberty, Humanitarianism, Pacifism and Democracy.
Vii)UN charter;-
It is the foundational treaty of the United Nations, The UN Charter articulated a commitment to uphold human rights and contains a group of provisions about human rights .it sign in 26 jun 1945
and come into force on 24 October. It contain 111 articles.
Generation of HR;-
1st generation;-
The first generation of human rights are based on the principles of individualism and non-interference.they tend to be negative rights. This first generation of rights developed under a strong mistrust of government and evolved rights known as “civil” or political” rights and sometimes called "blue" rights
Examples;-
Important examples of first generation rights include:
1) The right to life
2) The right to property
3) The right of equality before the law
4) The right to privacy at home
5) The right to seek asylum internationally
6) The right to marry and found a family
7) The right of freedom of belief and religion
8) The right of freedom of speech and opinion
9) The right to peacefully assemble and associate
10) The right to take part in the government directly or indirectly
The Second Generation;-
The second generation of human rights are based on the principles of social justice and public obligation.they tend to be “positive” rights . This generation of human rights developed through those who had a strong desire form the state to provide protection for its neediest inhabitants via providing various reliefs. This generation evolved the rights known as “social” or “economic” rights and some time known as "red" rights.
Examples;-
Important examples of second generation rights include:
1)The right of protection against unemployment
2)The right to equal pay for equal work.
3)The right to free elementary education
4)The right to higher education equally accessible to all on merit
5)The right to food, clothing, housing, medical care, and necessary social
services
6)The right to enjoy remuneration
Third Generation;-
The 3rd generation of human rights are based on the principle of solidarity and peace and healthy environment. This generation evolved the rights known as “right of self determination” and some time known as "green" rights.
Examples;-
universal protection/enforcement;-
I) Treaty Bodies;-
The human rights treaty bodies are committees of independent experts in human rights who are elected for terms of four years by State parties. It monitor implementation of the international human rights treaties. Each State party to a treaty has an obligation to take steps to ensure that everyone in the State can enjoy the rights set out in the treaty.
Currently, there are nine human rights international treaties, and one optional protocol, from which 10 treaty bodies have been established.
II) UPR (universal periodical review);-
The Universal Periodic Review (UPR) is a unique mechanism of the Human Rights Council (HRC) Under this mechanism, the human rights in a 4 years cycle.it is the process which provides the opportunity to each State to declare what actions they have taken to improve the human rights situations in their countries.Its aim is to improve the human rights conditions in member states.
State Reporting system;-
One of the principal mechanisms by which the treaty bodies monitor the extent of compliance by states parties with their obligations under the human rights treaties is through a system of state reporting.Under each of the treaties, states parties undertake to submit reports to the treaty bodies explaining the progress made and problems encountered in implementing treaty obligations it is known as reporting system.
Individual Communication;-
It is basically an individual complained system which enables individuals who’s rights have been violated to take his case directly to the Human Rights Committee. A person who take his case to the Human Rights Committee he must show that he has tried by all possible mean to get justice in his own state but failed.Once domestic remedies have been exhausted, a person can file a complaint to the Human Rights communication, through Complaint Form in which he provide their personal information, a detailed description of the facts, the rights they claim have been violated, and supporting evidence that will strengthen their case. Then the Human Rights Committee will consider the complaint and forward it to the Government of the concern state and ask for a written response. The Government will be required to respond within 180 days.Once responses has been received, the Human Rights Committee will consider and decide the the case.
Domestic protection;-
According to this theory a person who’s right has been infringe must exhaust the local remedies before taking the international remedies. It is one of the basic rules in international law. The object of the rule is to provide an opportunity to the respondent State to correct the harm and to make redress.
Writ in domestic law;-
Definition of writ;-
“Writ” means a formal written orders issued by Superior Courts to subordinate courts or Government Officials.
In Pakistan Article 199 of the Constitution is about write in High Court. When there is no other remedy available to person he can file write petition under article 199 of the Constitution of Pakistan.
Types of Writ
There are many types of writes but in Pakistan followings are commonly used.
l Writ of MANDAMUS ;-
Mandamus means a we command. It is an order issued by a court to a public authority directing it to do which it is permitted by law to do.
l Write of Prohibition;-
prohibition means ‘to prohibit/ to restrain’.It is an order issued by court to a public authority directing it to retrain from doing any thing which it is not permitted by law to do.
l Writ of Certiorari;-
Certiorari means to be certified.it is an order issued by the court to a public authority or a lower court directing that any act don by him has been done without any lawful athority and is of no legal effect.
l Writ of Habeas Corpus;-
The Latin Term Habeas Corpus means “to produce the body”. This write is issued by the court to institution or prison directing him to produce a person who has been in custody, before a court.
l Writ of Quo Warranto;-
It simply means “under what authority”. This write is issued by the court to a person holding any govt office requiring him to show that under what authority he claim to hold that office.
International Bill of rights;-
The International Bill of Human Rights consists of the five core human rights treaties of the United Nations that protect the basic human rights of all people.The following five documents are the foundation of the International Bill of Human Rights:
1) Universal Declaration of Human Rights (HDHR 1948)
2) International Covenant on Economic, Social and Cultural Rights (ICESCR, 1966)
3) International Covenant on Civil and Political Rights (ICCPR 1966)
4) Optional Protocol to the International Covenant on Civil and Political Rights (OPTO ICCPR 1986)
5) Second Optional Protocol to the International Covenant on Civil and Political Rights, aiming at the abolition of the death penalty
Some important HR Convention
1)Universal Declaration of Human Rights (UDHR) 1948:-
The Universal Declaration of Human Rights (UDHR) is an advisory declaration adopted by the United Nations General Assembly 10 December 1948 . It consists of a Preamble and 30 articles which describe the human rights and fundamental freedoms to which all men and women, everywhere in the world, are entitled, without any discrimination.
2)The International Covenant on Civil and Political Rights (ICCPR)1966:-
The ICCPR is a key international human rights treaty, providing a range of protections for civil and political rights. The ICCPR, together with the Universal Declaration of Human Rights and the International Covenant on Economic Social and Cultural Rights, are considered the International Bill of Human Rights.
3) International Covenant on Economic, Social and Cultural Rights(ICESCR)1966
The International Covenant on Economic, Social and Cultural Rights (ICESCR) is one of the nine core United Nations (UN) human rights treaties (seven of which have been ratified by the UK). It forms part of the International Bill of Human Rights alongside the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights. The UK ratified ICESCR in 1976.
4) Geneva Convention 1949
The Geneva Conventions are a series of treaties on the treatment of civilians, prisoners of war (POWs) and soldiers who are otherwise rendered hors de combat (French, literally "outside the fight"), or incapable of fighting. ... This convention produced a treaty designed to protect wounded and sick soldiers during wartime
5) Refugee Convention (1951)
The 1951 Refugee Convention was drawn up in the wake of World War II to protect Europeans, who were forced to flee their homes. ... The landmark treaty defines who is a refugee and spells out the rights they're entitled to receive, as well as the responsibilities of states that grant them asylum.
6)Stateless person Convention (1954)
The 1954 Convention. The 1954 Convention is designed to ensure that stateless people enjoy a minimum set of human rights. It establishes the legal definition of a stateless person as someone who is "not recognized as a national by any state under the operation of its law."
6) The Convention on the Elimination of All Forms of Discrimination against Women (CEDAW 1963)
CEDAW is short for the United Nations Convention on the Elimination of All Forms of Discrimination Against Women and provides a universal standard for women's human rights. It addresses discrimination in areas such as education, employment, marriage and family relations, health care, politics, finance and law.
CEDAW is short for the United Nations Convention on the Elimination of All Forms of Discrimination Against Women and provides a universal standard for women's human rights. It addresses discrimination in areas such as education, employment, marriage and family relations, health care, politics, finance and law.
7) Convention on the Rights of the Child CRC (1991)
The United Nations Convention on the Rights of the Child (commonly abbreviated as the CRC or UNCRC) is a human rights treaty which sets out the civil, political, economic, social, health and cultural rights of children.
8) Genocide convention (1948)
The Genocide Convention was the first human rights treaty adopted by the General Assembly of the United Nations. It focuses attention on the protection of national, racial, ethnic and religious minorities from threats to their very existence.
