Human Rights Law

Definition of human rights

List of human rights

• Right to life, liberty, and security of person
• Freedom of thought, conscience, and religion
• Freedom of opinion and expression
• Right to work in just and favourable conditions
• Right to education
• Right to participate in cultural, artistic, and scientific life
• Right to an adequate standard of living
• Prohibition of torture, inhuman, and degrading treatment

History of human rights law

1. The Magna Carta (1215) - A charter asserting the rights of English nobles, which laid the foundation of individual rights against arbitrary state power.
2. The English Bill of Rights (1689) - A document setting out specific protections for individuals against arbitrary actions by the monarch and the state.
3. The United States Declaration of Independence (1776) and the United States Constitution (1787) - Both documents enshrining fundamental rights and democratic principles.
4. The French Declaration of the Rights of Man and of the Citizen (1789) - A key document of the French Revolution that enshrined fundamental human rights and equality.
5. The Universal Declaration of Human Rights (1948) - Adopted by the United Nations (UN), it is considered the foundation of modern human rights law and has inspired numerous international treaties and national constitutions.

Examples of human rights

Human Rights Law UK

Human Rights Act

• Article 2 - Right to life
• Article 3 - Prohibition of torture, inhuman, or degrading treatment
• Article 4 - Prohibition of slavery and forced labour
• Article 5 - Right to liberty and security
• Article 6 - Right to a fair trial
• Article 7 - No punishment without law
• Article 8 - Right to respect for private and family life
• Article 9 - Freedom of thought, conscience, and religion
• Article 10 - Freedom of expression
• Article 11 - Freedom of assembly and association
• Article 12 - Right to marry and found a family
• Article 14 - Prohibition of discrimination

Common law human rights

• Habeas Corpus - The right to challenge unlawful detention
• Legal professional privilege - The right to confidentiality in communication with legal advisors
• The right to a fair trial, including the presumption of innocence and the right to be represented by counsel
• Natural justice - The right to due process, including the right to be heard and the right to an impartial decision-maker
• Freedom of speech - Although more regulated than in countries like the United States, the common law protects freedom of speech and expression to a certain extent

Areas of human rights law in the UK

• Employment law - Here, human rights play a critical role in protecting against workplace discrimination, ensuring fair wages, and guaranteeing safe working conditions.
• Family law - Human rights help protect the right to marry, family unity, and the welfare of children in family and matrimonial disputes.
• Immigration law - Human rights principles are crucial in safeguarding the rights of refugees, asylum seekers, and other migrants, ensuring that they are treated with dignity and respect.
• Criminal law - Human rights law helps protect the rights of defendants throughout the criminal justice process, including the right to a fair trial and the prohibition of torture and inhuman treatment.
• Privacy law - Here, human rights protections extend to privacy rights, including the right to respect for private and family life and the protection of personal data.
• Equality law - Human rights law helps enforce anti-discrimination legislation, promoting equal treatment and safeguarding against prejudice on various grounds such as race, gender, disability, and more.

Exploring Human Rights Law around the world

Human rights law has been evolving and developing throughout history, varying across different cultures and nations. This dynamic field of law aims to provide protections and safeguards for individuals in distinct regions and contexts. To gain a deeper understanding of human rights law globally, let us examine the first human rights law, the relationship between humanitarian law and human rights law, and the differences between these two legal domains.

First human rights law

The first known human rights law can be traced back to ancient civilizations such as Babylon, where the Code of Hammurabi (around 1754 BCE) set out a collection of laws and regulations aiming to establish a fair legal system. However, while the Code of Hammurabi was an early attempt to enshrine certain principles of justice in law, it did not specifically focus on individual rights and freedoms in the modern understanding.

On the other hand, the concept of human rights as we know it today began to take shape with the Magna Carta in 1215. The Magna Carta represents an essential turning point in human rights history as it limited the king's power in England and granted certain rights and protections to nobles. Although the Magna Carta did not enshrine universally applicable human rights, it set the stage for later developments in the field of human rights law, such as the English Bill of Rights and the French Declaration of the Rights of Man and of the Citizen.

Meanwhile, across the world in different regions, similar principles and rights began to emerge in the form of various cultural, religious, and philosophical beliefs. For example, the Cyrus Cylinder from ancient Persia (539 BCE) and the Indian Edicts of Ashoka (around 260 BCE) both aimed at promoting principles of justice, tolerance, and compassion.

In conclusion, the first human rights law can be found in various forms and manifestations throughout history and across different civilizations. However, the present understanding of human rights law finds its roots in documents like the Magna Carta, which paved the way for subsequent expansions of individual rights and protections in both national and international legal systems.

Humanitarian law vs human rights law

Both humanitarian law and human rights law are concerned with the protection of individuals and the safeguarding of their dignity. However, they differ in scope, focus, and application. Let's briefly discuss each:

Humanitarian law

Also known as the law of armed conflict or the law of war, humanitarian law is a body of international law that governs the conduct of armed conflict. Its main objectives are to:

• Protect persons who are not, or are no longer, directly participating in hostilities, such as civilians, prisoners of war, and the wounded
• Limit the methods and means of warfare, including prohibiting certain weapons and practices
• Ensure that humanitarian relief operations can be carried out effectively during armed conflict

Humanitarian law finds its foundation in numerous treaties and conventions, such as the four Geneva Conventions of 1949 and Additional Protocols, as well as customary international law. It is primarily applicable during armed conflicts, distinguishing between international and non-international armed conflicts, and focuses on the conduct of parties to the conflict, including states and non-state armed groups.

Human rights law

As discussed earlier, human rights law concerns fundamental rights and freedoms that every individual is entitled to, regardless of nationality, sex, race, or ethnicity. Human rights law finds its basis in various international treaties and conventions, such as the United Nations Universal Declaration of Human Rights (UDHR), the International Covenant on Civil and Political Rights (ICCPR), and the International Covenant on Economic, Social and Cultural Rights (ICESCR). Human rights law applies in all situations, both during peacetime and armed conflict, and is primarily concerned with the relationship between the State and individuals within its jurisdiction.

Difference between human rights law and humanitarian law

While both fields of law share a common goal of protecting individuals, they differ in several key aspects:

1. Scope of application: Humanitarian law is specifically designed for situations of armed conflict, while human rights law applies universally, both during peacetime and armed conflict.
2. Protected persons: Humanitarian law focuses on protecting persons directly affected by armed conflict, whereas human rights law protects all individuals within a State's jurisdiction.
3. Binding parties: Humanitarian law governs the conduct of parties to an armed conflict, including states and non-state armed groups, while human rights law is primarily concerned with the obligations of states towards individuals within their jurisdiction.
4. Legal sources: Humanitarian law and human rights law are derived from different sets of treaties, conventions, and customary international law, with humanitarian law being primarily based on the Geneva Conventions and Additional Protocols, and human rights law on documents like the UDHR, ICCPR, and ICESCR.
5. Limitations and derogations: Human rights law permits certain rights to be limited or derogated from during situations of emergency or public interest, while humanitarian law sets absolute limits on the conduct of armed conflict and provides specific protections for affected persons, regardless of the situation.