Chapter 1 • International Human Rights Law and the Role of the Legal Professions: A General Introduction
1.
Introduction
In recent decades, international human rights law has had an ever-growing
impact on domestic legal systems throughout the world, and thereby also on the daily
work of domestic judges, prosecutors and lawyers. This evolving legal situation, the
true dimensions of which could hardly have been foreseen half a century ago, requires
each State concerned, and also the relevant legal professions, carefully to consider ways
in which effective implementation of the State’s legal human rights obligations can best
be secured. This may in many instances constitute a challenge to legal practitioners,
owing to the conflicting requirements of different laws, lack of access to information,
and the need for further training.
The objective of the present Manual is therefore to convey a basic knowledge
of, and skills in, the implementation of international human rights law to judges,
prosecutors and lawyers – legal professions without which there can be no truly
efficient protection of the rights of the individual at the domestic level. To this end, the
present chapter will provide a general introductory survey of the basic notions of
international human rights law, whilst the remaining fifteen chapters will contain more
detailed information and analyses of human rights standards that are of particular
relevance to the administration of justice.
2.
Origin, Meaning and Scope of
International Human Rights Law
2.1 The Charter of the United Nations and the
Universal Declaration of Human Rights
Humanity’s yearning for respect, tolerance and equality goes a long way back
in history, but the curious thing to note is that, although our societies have in many
respects made great strides in the technological, political, social and economic fields,
contemporary grievances remain very much the same as they were hundreds, even
thousands of years ago.
As to the protection of the rights and freedoms of the individual at the
international level, work began in the nineteenth century to outlaw slavery and to
improve the situation of the sick and wounded in times of war.1 At the end of the First
World War, several treaties were concluded with the allied or newly created States for
the purpose of providing special protection for minorities.2 At about the same time, in
1919, the International Labour Organization (ILO) was founded for the purpose of
improving the conditions of workers. Although the initial motivation of the ILO was
humanitarian, there were also, inter alia, political reasons for its creation, it being feared
1 A.H. Robertson, Human Rights in the World (Manchester, Manchester University Press, 1972), pp. 15-20.
2 Ibid., pp. 20-22. On the history of human rights, see resource list in Handout No. 1 to Chapter 2 of the Manual.
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Human Rights in the Administration of Justice: A Manual on Human Rights for Judges, Prosecutors and Lawyers