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INTRODUCTION
International law from its inception
has been concerned with the
protection of human beings against
acts of barbarism. These considerations
can be found in the writing of the
fathers of international law: Francisco
de Vittoria, Hugo Grotius, Samuel von
Pufendorf.

THE CONCEPT OF INTERNATIONAL PROTECTION
OF HUMAN RIGHTS
Human rights are inherent to human
beings
All men are born and remain free and
equal in their rights

THE HISTORICAL PROCESS OF THE DEVELOPMENT OF
INTERNATIONAL HUMAN RIGHTS LAW
Traditionally only states were subjects
of international law. Individuals had no
enforceable rights of international law

Initiatives under the auspices of the League of
Nations:
 Protection of minorities
 The creation of the mandate system in the respect of
colonies
 The supervision of prohibition of traffic in women and
children
 The supervision of prohibition of traffic in dangerous
drugs
 The establishment of first arrangements for the
international protection of refugees

Initiatives after the Second World War
 Internationalisation (recognition that the
treatment of citizens in one country has become
the business of other countries) and
universalisation (general acceptance of human
rights by national governments) of the system of
human rights law
 The initiatives of the United Nations – genocide,
atrocities and suffering inflicted upon millions of
human beings by the Nazi and totalitarian regimes
gave a new impetus to those demanding
international recognition and enforcement of
fundamental human rights and freedoms

THE INTERNATIONAL BILL OF HUMAN
RIGHTS
 The Charter of the United Nations: the foundations for
the international protection of human rights, cooperation
in promoting and encouraging respect for human rights
and for fundamental freedoms for all without distinction as
to race, sex, language or religion
 The Universal Declaration of Human Rights: the
Declaration constitutes an authoritative interpretation of
the Charter obligations and provides a comprehensive list
of human rights and freedoms to be protected. It
represents a consensus of the international community
regarding human rights which each of its members must
respect, promote and observe.

The Declaration sets out a wide range of human rights
and freedoms to be protected, ranging from traditional
civil and political rights to economic, social and
cultural rights:
 the right to life, liberty and security;
 freedom from slavery, servitude, torture or cruel,
inhuman or degrading treatment or punishment;

 the right to recognition as a person before the
law, the right to judicial remedy, freedom from
arbitrary arrest, detention or exile, the right to a
fair trial and a public hearing by an independent
and impartial tribunal, the right to be presumed
innocent until proven guilty;
 freedom from arbitrary interference with
privacy, family, home or correspondence, and
freedom from attacks upon honour and
reputation;
 freedom of movement, the right to seek asylum,
the right to a nationality;

 the right to marry and to found a family, the right to
own property;
 freedom of thought, conscience and religion,
freedom of opinion and expression;
 the right to peaceful assembly and association;
 the right to take part in government and the right to
equal access to public services;

 the right to work, social security,
equal pay, join trade unions, rest and
leisure;
 the right to the adequate standard of
living;
 the right to the education;
 the right to participate in the cultural
life of the community.

The 1966 International Covenants on
Human Rights
The Covenants have legal force
(opposite to the Universal Declaration)
as treaties for the Parties to them and
constitute a detailed codification of
human rights

The Covenant on Economic, Social and
Cultural Rights
contains various articles in which the Parties recognize
such rights as the right to work, the right of everyone
to social security and to an adequate standard of living
for himself and his family. The type of obligation is
programmatic and promotional.

The Covenant on Civil and Political Rights
is more specific in its delineation of
rights, stronger in statement of the
obligation to respect the rights
specified, and better provided with
means of review and supervision.

THE UNITED NATIONS HUMAN RIGHTS
MACHINERY
The UN human rights machinery consists of three
categories of institutions:
 bodies which have been established directly on the
basis of the UN Charter, such as the General Assembly,
the Security Council, the Commission on Human Rights;
 bodies which have been established indirectly by
the UN Charter, that is whose creation was authorized
by one of the bodies belonging to the first category, eg
the Commission on the Status of Women, the Office of
High Commissioner for Human Rights, etc;
 bodies which have been established on the basis of
international treaties, for example the Committee
against Torture, the Committee on the Elimination of All
Forms of Racial Discrimination etc.

The UN Commission on Human Rights
 The Commission is made up of 53 representatives
of member states of the UN who are selected for a
three-year term by ECOSOC on the basis of
equitable geographic distribution.
 In the first 20 years of its existence the
Commission focused on preparing an impressive
number of international instruments and thus
translating the rights proclaimed in the Universal
Declaration into binding provisions.

 1967 – Resolution 1235 of ECOSOC: holding an
annual public debate on gross human rights
violations
 1970 – Resolution 1503 of ECOSOC: the Sub-
Commission n the Promotion and Protection of
Human Rights is charged with the examination of
individual petitions (between 1972 and 1999 75
states were investigated under the procedure)
 2000 – Resolution 2000 of ECOSOC: the criteria
for admissibility of individual complaints

Since 1990 the priority of the
Commission has been to provide
advisory and technical assistance to
member states in the field of human
rights and to focus on social, economic
and cultural rights, including the right
to development and to an adequate
standard of living

The Office of the High Commissioner for
Human Rights
The General Assembly created this office on 1993.
The main tasks of the High Commissioner are:
 to promote and protect the enjoyment of all
human rights, including the right to development;
 to provide all forms of assistance (including
financial and technical aspects) in the field of
human rights at the request of a state;
 to stimulate and to co-ordinate action on human
rights within the UN system at international level.

REGIONAL PROTECTION OF HUMAN
RIGHTS
There are a number of arrangements aimed to protecting
human rights within a specific region. There are
human rights initiatives in the Americas, Africa, Asia
and Europe. Among regional arrangements the
European system of protection of human rights is
the best in terms of effectiveness and maturity.

The inter-American human rights system
is based on the Charter of the
Organisation of American States, the
American Declaration of the Rights
and Duties of Man and the Inter-
American Convention on Human
Rights

Africa
African Charter on Human and
Peoples’ Rights

Asia
Asian Human Rights Charter

Europe
The main element of the European
system for the protection of human
rights is the European Convention for
the Protection of Human Rights and
Fundamental Freedoms 1950 (ECHR),
together with nits enforcement
mechanisms

The main objectives of the Council of Europe (one of
the most efficient and competent inter-governmental
organizations in Europe) are:
 the promotion of European Unity by proposing ad
encouraging common European action in economic,
social, legal and administrative matters;
 the protection of human rights, fundamental
freedoms and pluralist democracies;
 the development of a European cultural identity.

The European Convention on Human
Rights
is the greatest achievement of the Council of Europe. But
among important conventions prepared b the Council of
Europe which complement and extend the protection of
human rights in Europe are:
 The European Social Charter;
 The Framework Convention for the Protection of
National Minorities;
 The European Convention for the Prevention of Torture
and Inhuman or Degrading Treatment or Punishment.
 The Convention for the Protection of Human Rights and
Dignity of the Human Being with regard to the
Application of Biology and Medicine (the Convention
on Human Rights and Biomedicine

The European Convention on Human
Rights
The ECHR was opened for signatures on 4
November 1950 and entered into force in
September 1953
44 European states are contracting states to the
ECHR
The ECHR, together with its Protocols and
procedures for enforcement, constitutes the first
and the most efficient regional arrangement for
the protection of human rights.
Rights protected under the Convention are both
civil and political rights.

Substantive rights protected under the
ECHR
 Right to life;
 Prohibition of Torture;
 Prohibition of Slavery and Forced Labour;
 Right to a Fair Trial;
 Right to No Punishment without Law;
 Right to Respect for Private and Family Life;

Freedom of Thought, Conscience and
Religion;
Freedom of Expression;
Freedom of Assembly and Association;
Right to Marry;
Right to an Effective Remedy;
Prohibition of Discrimination.

The European Court of Human Rights
The number of judges is the same as the number of
contracting states (44)
The criteria for the office of judges are:
 A judge sits in his individual capacity and does not
represent ant state;
 He or she must hold a high moral standing;
 Have relevant qualifications in his/her country for
holding position of high office;
 Must act with total impartiality and independence

Judges are nominated by a
contracting state
There are two categories of
applicants under the ECHR:
contracting states and individuals

Procedure
The conditions of admissibility:
 There must be a prima facie violation of one or more of
the provisions of the ECHR;
 The available domestic remedies must be exhausted;
 The application must be lodged within six months of
the final decision of the highest domestic court or
authority.

An application will be rejected if:
It is anonymous;
If it is similar to a case already been submited to
another procedure or international investigation or
settlement;
If it constitutes an abuse of the right complaint (for
example it s brought for political propaganda
purposes);
If it concerns matters falling outside the scope of
ECHR.

Procedure on the merits
Chambers decide cases by a majority vote
The judges are allowed to give separate dissenting or
concurrent judgements
Within three months of the judgment of a Chamber, any
party may ask for a referral to a Grand Chamber – it is
possible if the case raises a serious question affecting the
interpretation or application of the Convention or the
protocols or a serious issue of general importance
A final judgment is binding on te respondent state
concerned and its execution is supervised by the
Committee of Ministers

The European Union
In the EU the protection of human rights has acquired
two dimensions:
1. First many issues relating to human rights arise
under the EU internal and external competences;
2. The second dimension is that human rights are
envisaged in a broad context i respect of all EU
policies as being part of the general principles of EC
law

 Article 2 of the Treaty on European Union:
 „The Union is founded on the values of respect for
human dignity, freedom, democracy, equality, the
rule of law and respect for human rights, including
the rights of persons belonging to minorities.
These values are common to the Member States in
a society in which pluralism, non-discrimination,
tolerance, justice, solidarity and equality between
women and men prevail. „

 Article 6
 „1. The Union recognises the rights, freedoms and principles set out in the
Charter of Fundamental Rights of the European Union of 7 December 2000, as
adapted at Strasbourg, on 12 December 2007, which shall have the same legal
value as the Treaties.
 The provisions of the Charter shall not extend in any way the competences of
the Union as defined in the Treaties.
 The rights, freedoms and principles in the Charter shall be interpreted in
accordance with the general provisions in Title VII of the Charter governing its
interpretation and application and with due regard to the explanations referred
to in the Charter, that set out the sources of those provisions.
 2. The Union shall accede to the European Convention for the Protection of
Human Rights and Fundamental Freedoms. Such accession shall not affect the
Union’s competences as defined in the Treaties.
 3. Fundamental rights, as guaranteed by the European Convention for the
Protection of Human Rights and Fundamental Freedoms and as they result
from the constitutional traditions common to the Member States, shall
constitute general principles of the Union’s law. „

The European Charter of Fundametal Rights
First the document adopted by the Intergovernmental
Conference in Nice (December 2000) as the
declaration - non-binding proclamation, after the
Treaty of Lisbon (December 2009) it should be treated
as a primary law of the EU
The Charter contains 50 articles.
Its main purpose is to make fundamental rights and
freedoms more visible more explicit and more familiar
to EU citizens

CONCLUSIONS
Efforts made by the international community to
ensure the protection of human rights (which have
just been established or proclaimed) are certainly
encouraging but they must be assessed in the light of
what many nations are actually doing.

 The respect for human rights ca not
be confined to mere declarations (soft
law). So far as the UN system is
concerned its effectiveness in the
enforcement of human rights is still
weak for many reasons, the most
important being:
 it is not mandatory, therefore there
are many states unwilling to submit
themselves to any external scrutiny;

 there is no judicial mechanism within the UN to
deal with individual complaints;
 the reporting and monitoring system is still based
on confidentiality;
 the Security Council has not taken any consistent
and firm stand in respect of states violating basic
human rights. The principle of non-interference in
domestic matters, and the political assessment of
human rights situations, often prevail.

At the regional level (apart from
Europe where the protection of
human rights is well advanced)
there is a very large credibility gap
between promises, which are easy to
make, and performance which either
seems to be very hard to effect or in
respect of which there is not the will to
carry through.

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