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It is an unshakeable belief that the power of human rights lies not just in its expression of an aspiration – of an ideal – but in its articulation of a legal framework which binds all.
Since the inception of the Universal Declaration of Human Rights, the international community has developed a body of norms and standards that has given effect to the fundamental principles contained in the Declaration. Every State in the world today has voluntarily accepted binding human rights obligations through being a party to one or more of the seven core human rights conventions. These conventions have become not only part of the collective consciousness, but also part of the domestic constitutional and legal orders and are frequently invoked by courts in many parts of the world. They have become the arbiter between the State and its legitimate interest, and the individual and his or her legal rights.
Giving primacy to this body of law helps one to place all human beings – not just those in positions of authority – at the centre of what are often complex policy debates. It helps one to weigh values that sometimes appear to clash. Take for instance the need to put in place firm measures to prevent and punish terrorist acts without trespassing on human rights: or the desire to address the needs of war torn societies for peace and reconciliation without undermining the quest of victims for protection and justice; or the need to eradicate poverty, enhance development, and promote democracy without sacrificing any set of rights be they civil, cultural, economic, political or social; or the need to celebrate cultural identity while at the same time respecting the dignity and equal rights of all. These are all examples of dilemmas that can be adequately resolved through proper understanding and application of human rights law.
It is through the promotion of greater respect for the existing international legal framework of human rights and its progressive incorporation into national law that the human rights vision would have a practical effect where it matters most, in the daily lives of people around the world. In this regard, one must welcome the active deliberations on whether to accede to the Optional Protocol to the International Covenant on Civil and Political Rights which deals with individual petitions. It is hoped that these deliberations result in a commitment to ratify.
It is a firm belief that the role of law guides one through difficult societal challenges. For it is law, after all, that evens the playing field between the State, with its legitimate interests including national security, and the individual, with his or her fundamental interest in liberty and personal security. But when one speaks about the law, it does not mean any law, there is law as it is and law as it ought to be. Law, in other words, is subject to abuse. Apartheid South Africa, of course, was governed by laws but these were laws that regulated oppression and led to horrific denial of dignity.
The law that must guide one is that law which is designed to deliver real justice and which provides genuine remedies for grievances. It is a dynamic and evolving institution that is capable of preserving the rights of all while adapting itself to the needs of a changing world. This is the role of human rights law. Law, and especially human rights law, provides the key to the realization by all individuals “of their equal and inalienable rights as members of the human family” i.e., Universal Declaration of Human Rights.
One objection , however, sometimes raised with respect to international human rights law is that it is incapable of effective enforcement. But the criticism is less valid than it once was. To start with, one should be proud of the collective achievements in turning human rights ideals into legal obligations that most States now voluntarily accept at both the international and national levels. Through the ratification of human rights treaties and their incorporation into domestic constitutional and legal systems, individuals are increasingly able to assert and claim their rights. This is quite evident from the inspiring judgments from courts at all levels in all continents that turn human rights into a reality for ordinary people across the globe. These are not small accomplishments.
The vision and promise of the Universal Declaration of Human Rights, however, are under considerable strain because of the threat of terrorism. Therefore, one must be cautioned against becoming “prisoners of a culture of fear and an ideology of exclusion and arrogance”. (PIB Features)
* Based on the Statement by Ms. Louise Arbour United Nations High Commissioner for Human Rights
**December 10th is observed as International Human Rights Day
*PIB Features
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