International Efforts To Develop Human Rights Norms

International Efforts To Develop Human Rights

During the last 350 years many international efforts were undertaken in conferences and international organizations which contributed towards the evolution of human rights norms and standards. Following are some of the major landmark developments at the international level, which have brought the protection of human rights on the agenda of international politics and law. With these revolutionary developments the process of internationalization of the concept of human rights began. Let us discuss them in detail.

 

• Humanitarian Intervention (HI)

The doctrine of Humanitarian Intervention (HI) has been expounded by many international lawyers, including Hugo Grotius, the father of international Law, in the 17th century. This doctrine recognizes as lawful the use of force by one or more States to stop the maltreatment by a State of its own nationals when that conduct was so brutal and large scale as “to shock the conscience of the community of nations”. It is true that the principle of Humanitarian Intervention was frequently misused in the past and often served as a pretext for occupation or invasion of weaker countries. But it was the first to give expression to the proposition that there were some limits to the freedom States enjoyed under international law in dealing with their own nationals. Many great Powers have invoked the principle during the 19th century to prevent the Ottoman Empire from persecuting minorities in the Middle East and the Balkans.

 

• International Humanitarian Law (lHL)

International Humanitarian Law (IHL) was developed through many treaties concerning laws of war. Treaties of 1864, 1906, and 1929 regulated the rights of the wounded in armies in the field, the wounded at sea in times of armed conflict. The 1864 treaty also protected medical personnel and hospitals. And also the protection to civilian population was provided by 1907 Hague Convention and prisoners of war were dealt with by treaty in 1929. From time to time the laws contained in these treaties have been revised and modernized. Much of that law is codified in four Geneva Conventions of 1949 and the two 1977 additional Protocols to these Conventions. It must be noted that the creation of the International Committee of the Red Cross (ICRC) in 1864 by Henry Dunant contributed greatly to the development of the laws of war.

The four Geneva Conventions aim to protect the sick and wounded members of the armed forces, prisoners of war (POW) and civilian population. For instance, the Geneva Convention on POW requires that prisoners be treated “humanely” and that they not be subjected to physical or mental torture to secure from them information of any kind. It prohibits “measures of reprisal against POW” and provides that all POW be treated alike by the detaining Power, without any adverse distinction based on race, nationality, religious belief or political opinion. The fourth Geneva Convention, which seeks to protect civilian populations, establishes a massive code of conduct for the Occupying Power. It prohibits “not only murder, torture, corporal punishment, mutilation of a protected person, but also any other measures of brutality whether applied by civilian or military agents.” It outlaws the taking of hostages, collective punishment and reprisals as well as “individual or mass forcible transfers” of protected persons or their deportations to the territory of the Occupying Power.

 

• Abolition Of Slavery

The first international treaties concerning human rights were linked with the acceptance of freedom of religion [ e.g., the Treaties of Westphalia of 1648 ] and the abolition of slavery. Slavery had already been condemned by the Congress of Vienna in 1815 and a number of international treaties on the abolition of slavery appeared in the second half of the 19th century [ e.g. the Treaty of Washington of 1862, documents of the Conferences in Brussels in 1867 and 1890 and in Berlin in 1885 ]. The practice of slavery was first condemned in the Paris Peace Treaty [ 1814 ] between Britain and France. Under the League of Nations the Convention to Suppress the Slave Trade and Slavery was adopted in 1926. This Convention still remains the basic document prohibiting the practice of slavery, although it was amended by a Protocol in 1953 and supplemented in 1956 to deal with problems of defining the acts which constitute slavery in the modern world.

 

• International Labor Standards

International Labor Organization (ILO), which has been in existence since 1919 and became a Specialized Agency of the United Nations in 1946, seeks to achieve social justice through its activities in the social and labor fields. The basis of ILO action for human rights is the establishment of international labor standards and the supervision of the implementation of these standards by ILO member States. ILO has adopted more than 150 Conventions and Recommendations on labor standards. These Conventions, when ratified by States, are binding upon them. The Conventions relate to the basic human rights concern of ILO, such as freedom of association, abolition of forced and child labor, freedom from discrimination in employment and occupations. They also lay down standards in such fields as conditions of work, occupational safety and health, the provision of paid holidays and social security, industrial relations, employment policy and vocational guidance, and provide for the protection of special groups, such as women, migrants and indigenous and tribal peoples.

 

• Protection Of Minorities Under The League Of Nations

The League of Nations was given a mandate to supervise the enforcement of the minorities’ treaties emerging from the 1919 peace agreements with East European and Balkan States. These treaties included provisions relating to the protection of the minorities. The minorities’ regime of the League consisted of five special treaties binding Poland, the Servo-Croat-Slovene State, Romania, Greece and Czechoslovakia; special minorities’ clauses in the treaties of peace with Austria, Bulgaria, Hungary and Turkey; five general declarations made on admission to the League by Albania, Lithuania. Estonia and Iraq; a special declaration by Finland regarding the Aaland Islands and treaties relating to Danzing, Upper Silesia and Memel.

The League agreed to serve as the guarantor of the undertakings that the Parties assumed in these treaties. It exercised those functions by developing a system for dealing with petitions by minorities charging violations of their rights. It is pertinent to note that during 1930-32 the League received 305 petitions from the minorities out of which only 153 were admitted. These petitions, among others, pertained to matters such as suppression of private schools, use of biased historical texts, restrictions on minorities’ languages, agrarian reforms to the detriment of minority landlords, discriminatory policies in a job placement, denial of pension rights, denial of citizenship and acts of violence, repression and terror on the part of the authorities. The League system for dealing with these petitions was relatively effective and quite advanced for its time. Although the League was quite effective in redressing the grievances of minorities on smaller issues and everyday friction, it failed to solve the wider problems of peaceful living and amicable cooperation. Nonetheless, its decision to ask the Permanent Court of International Justice (PCIJ) for Advisory Opinions on contentious issues of minorities rights were a welcome development in international law/relations. The decision of PCIJ on the Minority Schools in Albania Case (1935) is worth recalling here. The Court ruled that persons belonging to racial, religious or linguistic minorities were to be given the same treatment and the same civil and political rights and security as other nationals in the State in question.

 

• United Nations And Human Rights

The charter of the United Nations (1945) perhaps, is the most important land mark in the development of modern principles of human rights. The charter makes repeated references to human rights. It considers that the international peace and security depends, among other things, on the recognition of observance of human rights. Its preamble states:

“the peoples of the United Nations express their determination to reaffirm faith in fundamental human rights of men and women and of nations large or small.”

One of the four purposes of the United Nations is the promotion and encouragement of human rights and freedoms for all without distinction as to race, sex, language or religion. In Article 55 and 56 of the charter, the U.N. members pledged to make joint and separate action in cooperation with the United Nations for the achievement of there goals.

Since human rights were not defined in the charter for lack of time and agreement among nations, the task of elaborating them was left to the General Assembly. The Assembly completed its task by adopting the Universal Declaration of Human Rights (UDHR) on 10th December 1948 which included both Civil and Political and Economic, Social and Cultural rights. Subsequently the General Assembly has adopted many conventions, covenants and declaration and the process continues.

 

Related Topics

Meaning Of Human Rights
Nature And Evolution Of Human Rights
Universal Declaration Of Human Rights
Universality Of Human Rights
How Universal Are Human Rights?