Human Rights Law 123

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The United Nations Charter was signed on 26th June 1945 in San

Fransisco and came into force on 24th October 1945. It mentions human

rights early in it’s preamble and It contains explicit references to human

rights.

Article 1(3) of the Charter of the UN can be compared with a similar

provision in Article 55 of the charter of UN emphasizing stability and

well being necessary for peaceful and friendly relations among nations

basing on the respect for the principle of equal rights and self

determination of the people

Article 76(c) which contains objectives emphasize on encouraging

respect for human rights and for fundamental freedom for all without

distinction to race, sex, language or religion.

The UN Charter also emphasizes on the protection of human rights at

all levels towards it’s members who are part of it hence they ought to

adhere to it and ensure that the human rights of their respective citizens
aren’t violated.

1. Human rights are rights that all people in the society are entitled

with and nobody should interfere with. Governs how human being live in

social and with each other.

The human rights law is a set of principles established at the

international level, regional or national level to protect and enforce

human rights. Provides legal framework ensuring that the state respects

and protects the rights of it’s citizens. It contains various treaties

agreements which ensure that the human rights are protected globally,

some of them include The Convention on the elimination of all racial

discrimination (1965), International covenant on civil and political rights

(1966), Convention on the rights of person with disabilities (2006),

American Convention on Human Rights (1969) and African Charter on


human and peoples’s rights (1981).The following are the differences

between human rights and human rights law:

It’s application. The human rights apply at all times so as to

safeguard the individual but the human rights law only applies at a time

the human rights are infringed or violated example engaging in armed

conflicts.

It’s enforcement mechanism. Human rights direct enforcement

mechanism although they provide for guideline on how people ought to

act and be treated while Human rights law establish enforcement

mechanism at international and national level ensuring that the human

rights are complied with and not violated.

Nature of the rights. Human rights include broad range of

entitlements such as right to right to life, liberty, education while Human

rights law transforms the entitlement into legally binding obligations for

nations and entities to adhere with and doesn’t violate them by enactment
of legislation, policies corresponding to them to ensure they aren’t

violated by the state or the individuals.

2. The relationship between global regional human rights system and

national system is important in ensuring that human rights are promoted

and protected at all levels.

Global and Regional human rights system includes the European

court of human rights and the African commission on human rights in

which they complement the national system as they provide an additional

avenue for individuals to seek justice when their rights are violated and

their national institutions fails to uphold their rights being violated.

Regional human rights system acts as a complement to national system

by offering an alternative forum addressing violation of human rights.

Regional human rights system and global human rights system

collaborates with the national system in order to ensure that all human
rights standards are upholded. The collaboration may involve sharing best

practices providing technical assistance and building initiatives within

national jurisdiction.

All in all the interaction between global, regional human rights system

and national human rights system creates an approach in safeguarding

human rights while national institutions remain primary actors in

protecting it’s individual’s rights within their regional level offering

additional protection in case of them being violated .

3. International human rights law is a body created to promote and

protect human rights on social, regional and domestic levels.

It’s made up of treaties agreements having binding effect, charters,

protocols and so on.

It’s movement was strengthened when the United Nations General

Assembly adopted the Universal Declaration of human rights (UDHR) on


10th December 1948.

The International Bill of human rights acts as a mechanism in ensuring

that human rights are protected and not violated in regional, national and

global level.

The international human rights law has set out some standards and

mechanisms that has to be followed by other states so as to ensure that

the specific states do promote, protect and ensure that the rights of it’s

citizens are not violated or interfered with, and in case the rights are

violated the international human rights law provides for enforcement

mechanisms on what the states or the individuals need to do so that so as

to solve the pertaining issue and uphold the rights of the individuals who

were violated.

REFERENCE

Charter
Charter of the United Nations of 1945

Other materials

Popovski, V. Human Rights and the Charter of the United Nations

International committee of the Red Cross.(2015).international human

rights law.

www.Wikipedia.com

www.unicef.org

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