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International human rights instruments are the treaties and other international texts that serve as legal sources for international human rights law and the protection of human rights in general. There are many varying types, but most can be classified into two broad categories: declarations, adopted by bodies such as the United Nations General Assembly, which are by nature declaratory, so not legally-binding although they may be politically authoritative and very well-respected soft law;, and often express guiding principles; and conventions that are multi-party treaties that are designed to become legally binding, usually include prescriptive and very specific language, and usually are concluded by a long procedure that frequently requires ratification by each states' legislature. Lesser known are some "recommendations" which are similar to conventions in being multilaterally agreed, yet cannot be ratified, and serve to set common standards. There may also be administrative guidelines that are agreed multilaterally by states, as well as the statutes of tribunals or other institutions. A specific prescription or principle from any of these various international instruments can, over time, attain the status of customary international law whether it is specifically accepted by a state or not, just because it is well-recognized and followed over a sufficiently long time.
The International Covenant on Civil and Political Rights (ICCPR) is a multilateral treaty that commits nations to respect the civil and political rights of individuals, including the right to life, freedom of religion, freedom of speech, freedom of assembly, electoral rights and rights to due process and a fair trial. It was adopted by United Nations General Assembly Resolution 2200A (XXI) on 16 December 1966 and entered into force on 23 March 1976 after its thirty-fifth ratification or accession. As of June 2024, the Covenant has 174 parties and six more signatories without ratification, most notably the People's Republic of China and Cuba; North Korea is the only state that has tried to withdraw.
The International Covenant on Economic, Social and Cultural Rights (ICESCR) is a multilateral treaty adopted by the United Nations General Assembly (GA) on 16 December 1966 through GA. Resolution 2200A (XXI), and came into force on 3 January 1976. It commits its parties to work toward the granting of economic, social, and cultural rights (ESCR) to all individuals including those living in Non-Self-Governing and Trust Territories. The rights include labour rights, the right to health, the right to education, and the right to an adequate standard of living. As of February 2024, the Covenant has 172 parties. A further four countries, including the United States, have signed but not ratified the Covenant.
The right to health is the economic, social, and cultural right to a universal minimum standard of health to which all individuals are entitled. The concept of a right to health has been enumerated in international agreements which include the Universal Declaration of Human Rights, International Covenant on Economic, Social and Cultural Rights, and the Convention on the Rights of Persons with Disabilities. There is debate on the interpretation and application of the right to health due to considerations such as how health is defined, what minimum entitlements are encompassed in a right to health, and which institutions are responsible for ensuring a right to health.
The Vienna Declaration and Programme of Action (VDPA) is a human rights declaration adopted by consensus at the World Conference on Human Rights on 25 June 1993 in Vienna, Austria. The position of United Nations High Commissioner for Human Rights was recommended by this Declaration and subsequently created by General Assembly Resolution 48/141.
Human rights are largely respected in Switzerland, one of Europe's oldest democracies. Switzerland is often at or near the top in international rankings of civil liberties and political rights observance. Switzerland places human rights at the core of the nation's value system, as represented in its Federal Constitution. As described in its FDFA's Foreign Policy Strategy 2016-2019, the promotion of peace, mutual respect, equality and non-discrimination are central to the country's foreign relations.
International Day of Persons with Disabilities is an international observance promoted by the United Nations since 1992. It has been observed with varying degrees of success around the planet. The observance of the Day aims to promote an understanding of disability issues and mobilize support for the dignity, rights and well-being of persons with disabilities. It also seeks to increase awareness of gains to be derived from the integration of persons with disabilities in every aspect of political, social, economic and cultural life. It was originally called "International Day of Disabled Persons" until 2007. Each year the day focuses on a different issue.
The year 1981 was proclaimed the International Year of Disabled Persons (IYDP) by the United Nations. It called for a plan of action with an emphasis on equalization of opportunities, rehabilitation and prevention of disabilities. The slogan of IYDP was "a wheelchair in every home", defined as the right of persons with disabilities to take part fully in the life and development of their societies, enjoy living conditions equal to those of other citizens, and have an equal share in improved conditions resulting from socio-economic development.
The Convention on the Rights of Persons with Disabilities is an international human rights treaty of the United Nations intended to protect the rights and dignity of persons with disabilities. Parties to the convention are required to promote, protect, and ensure the full enjoyment of human rights by persons with disabilities and ensure that persons with disabilities enjoy full equality under the law. The Convention serves as a major catalyst in the global disability rights movement enabling a shift from viewing persons with disabilities as objects of charity, medical treatment and social protection towards viewing them as full and equal members of society, with human rights. The convention was the first U.N. human rights treaty of the twenty-first century.
The Optional Protocol to the International Covenant on Economic, Social and Cultural Rights is an international treaty establishing complaint and inquiry mechanisms for the International Covenant on Economic, Social and Cultural Rights. It was adopted by the UN General Assembly on 10 December 2008, and opened for signature on 24 September 2009. As of February 2024, the Protocol has 46 signatories and 29 state parties. It entered into force on 5 May 2013.
The Brazilian resolution was presented to the Economic and Social Council of the United Nations in 2003. The resolution covered human rights and sexual orientation. It came under the Commission on Human Rights, fifty-ninth session, item 17 on the agenda.
The Declaration of Principles on Equality reflects a moral and professional consensus among human rights and equality experts done in December 2008. It contains 27 principles that establish a new paradigm on equality, drawing on established and emerging principles of international law. It has been described by the High Court of Delhi as reflecting the ‘current international understanding of Principles on Equality.’
The International Convention on the Elimination of All Forms of Racial Discrimination (ICERD) is a United Nations convention. A third-generation human rights instrument, the Convention commits its members to the elimination of racial discrimination and the promotion of understanding among all races. The Convention also requires its parties to criminalize hate speech and criminalize membership in racist organizations.
The Republic of Palau has had a turbulent history over the last 450 years, with many states claiming ownership over them. Since World War II, the Islands came under United Nations' trusteeship and were administered by the United States. After becoming a sovereign state in 1994, Palau joined the UN and ratified the Convention on the Rights of the Child in 1995, the Convention on the Rights of Persons with Disabilities and the optional protocol to the latter in 2013. In 2011, the International Covenant on Civil and Political Rights in 2011 and other core human rights treaties were signed. These treaties are yet to be ratified.
Development is a human right that belongs to everyone, individually and collectively. Everyone is “entitled to participate in, contribute to, and enjoy economic, social, cultural and political development, in which all human rights and fundamental freedoms can be fully realized,” states the groundbreaking UN Declaration on the Right to Development, proclaimed in 1986.
In Japan, a person with a disability is defined as: "a person whose daily life or life in society is substantially limited over the long term due to a physical disability or mental disability". Japan ratified the United Nations Convention on the Rights of Persons with Disabilities (CRPD) on 20 January 2014.
Disability rights are not specifically addressed by legislation in New Zealand. Instead, disability rights are addressed through human rights legislation. Human rights in New Zealand are protected by the New Zealand Bill of Rights Act 1990 and the Human Rights Act 1993. New Zealand also signed and ratified the United Nations Convention on the Rights of Persons with Disabilities (CRPD) in 2008.
The proposed Convention on the Rights of Older Persons (UNCROP) is likely to be the next major human rights treaty adopted by the United Nations. The proposed treaty will seek to remedy the fragmented human rights structure for Older Persons, and will focus on reaffirming critical human rights which are of concern to older persons. The focus of the treaty will be persons over 60 years of age, which is a growing demographic worldwide due to increased population ageing. The treaty follows from the success of the United Nations Convention on the Rights of the Child which has seen near universal acceptance since 1989. Where the UNCRC focuses on the rights of younger persons, the UNCROP will address those who form the older portion of society, who according to United Nations reports, are becoming increasingly vulnerable as a group without applicable normative standards of human rights law. Support for a Convention is becoming increasingly popular, as human rights groups including the Committee on Economic, Social and Cultural Rights (CESCR), HelpAge International, the Committee on the Elimination of Discrimination against Women, the International Labour Organization, and many other NGOs and states have expressed support for a universal instrument. A raising number of NGOs from across the world have joined forces in advocating for a Convention in the Global Alliance for the Rights of Older Persons (GAROP) which has been set up out of the need to strengthen the rights of older persons worldwide. With population ageing, the human rights of the growing number of older persons have become an increasingly important issue. Among the human rights issues faced by older persons are ageist attitudes leading to discrimination, exclusion and constraints on the legal capacity, autonomy and independent living of older people. Existing human rights violations have been further exacerbated and put on the spotlight by the COVID-19 pandemic. Older people have been denied access to health services and became prone to physical and social isolation. The stigmatisation of older people and ageist images of older persons have also become more evident. The debate surrounding the convention focuses on the implementation and safeguarding of older persons’ human rights aiming to set normative standards of human rights for older persons in an international legally binding instrument. An underlying common factor and root cause of many of human rights violations experienced by older persons, along with its ubiquitous, prevalent, and surreptitious nature, is ageism. Ageism, as defined by the World Health Organization, refers to the stereotypes, prejudice and discrimination towards others or oneself based on age. A UNCROP would go a long way to tackle ageism. Individual relationships generally fall outside of current human rights law, which seeks to present standards of relations between states and individuals. Therefore, it has been suggested that the proposed human rights convention for older persons ought to be drafted as an anti-discrimination convention. However, this would not be consistent with other multilateral human rights conventions such as the ICCPR and ICESCR which set normative standards.
Malta is a democratic republic whose human rights are constitutionally defined. Human rights concern the expression and treatment of other citizens, panning areas including religion, expression, and labour. The constitution acts as an impartial determinant in civil matters, including human rights issues. The Maltese ombudsmen are authorised to investigate disputes which infract the laws as determined by the constitution. Several organisations and NGOs have been established with the aim of creating awareness and calling for change around certain freedoms and rights within Malta. The constitution contains similar freedoms to that of other European nations and to aims to reach the standards as established by The Universal Declaration of Human Rights (UDHR).
Human rights in Norway protect the fundamental rights of all persons within the Kingdom of Norway. These rights are safeguarded by Chapter E of the Constitution of Norway or Kongeriket Norges Grunnlov, as well as the ratification of various international treaties facilitated by the United Nations. The country maintains a dedicated commitment to human rights and was the second country to ratify the European Convention on Human Rights.
References
- ↑ https://www.un.org/disabilities/convention/conventionfull.shtml Archived 2016-12-02 at the Wayback Machine Convention on the Rights of Persons with Disabilities
- ↑ "Declaration on the Rights of Disabled Persons - Proclaimed by General Assembly resolution 3447 (XXX) of 9 December 1975". Office of the High Commissioner for Human Rights .
