63. Human rights standards are also enshrined in other types of instrument:
declarations, recommendations, bodies of principles, codes of conduct and guidelines
(such as the Declaration on the Right to Development; the Declaration on the Rights of
Persons Belonging to National or Ethnic, Religious and Linguistic Minorities; the Basic
Principles on the Independence of the Judiciary; the Code of Conduct for Law
Enforcement Officials; and the Guidelines on the Role of Prosecutors).
64. These instruments are not themselves legally binding on States. Nevertheless, they
have moral force and provide practical guidance to States in their conduct. The value of
such instruments rests on their recognition and acceptance by a large number of States
and, even without binding legal effect, they may be seen as declaratory of principles
that are broadly accepted by the international community. What is more, some of their
provisions are declaratory of elements of customary international law and are thus
binding.
65. The Declaration on the Right to Development, adopted by the United Nations
General Assembly in 1986, is an important example of such a declaration. In the
Declaration (second preambular paragraph), development is recognized as:
… a comprehensive economic, social, cultural and political process, which aims at
the constant improvement of the well-being of the entire population and of all
individuals on the basis of their active, free and meaningful participation in development and in the fair distribution of benefits resulting therefrom
The Declaration confirms that development is a right which belongs to every human
person and identifies as its key elements: permanent sovereignty over natural resources;
self-determination; popular participation; equality of opportunity; and the achievement
of adequate conditions for the enjoyment of other civil, cultural, economic, political and
social rights.
4.
Who makes these rules?
66. The international legal system, as outlined in the Charter of the United Nations, is
built around a community of States. The law which governs that system, therefore, is
principally law for, by and about States. As such, it is the States themselves who make
the rules, through the development of custom, the development of treaties and the
development of declarations, bodies of principles and other similar instruments. States
agree on the content of these sources and agree to be bound by them. In the case of
human rights law, while it is individuals and groups which are protected, it is the
conduct of States (and State actors) which is regulated.
5.
Where are the rules made?
67. Human rights standards are developed and codified in various international
organizations, through a process in which representatives of States members of those
organizations meet, usually repeatedly over a period of years, to work out the form and
content of international human rights instruments, article by article and line by line.
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