3.
Where do human rights “rules” come from?
55. Human rights norms and standards are derived from two principal international
sources, namely “treaty law” and “customary international law”.
55.
(a) Treaty law
56. Treaty law includes the law of human rights as set out in many international agreements (treaties, covenants, conventions) collectively (either bilaterally or multilaterally)
developed, signed and ratified by States.
57.
Some of these treaties cover whole sets of rights, such as:
39.
– International Covenant on Civil and Political Rights;
39.
– International Covenant on Economic, Social and Cultural Rights.
58.
Other treaties focus on particular types of violations, such as:
39.
– Convention on the Prevention and Punishment of the Crime of Genocide;
39.
– International Convention on the Elimination of All Forms of Racial
Discrimination;
39.
– International Convention on the Protection of the Rights of All Migrant Workers
and Members of Their Families;
39.
– Convention against Torture and Other Cruel, Inhuman or Degrading Treatment
or Punishment.
59.
Still other treaties focus on particular groups to be protected, such as:
39.
– Convention on the Rights of the Child;
39.
– Convention on the Elimination of All Forms of Discrimination against Women;
39.
– Convention (and Protocol) relating to the Status of Refugees.
60. Another type of treaty focuses on particular situations, such as armed conflict,
including:
39.
– The four Geneva Conventions of 1949;
39.
– The two Additional Protocols of 1977 to those Conventions.
61.
All these instruments are legally binding on the States which are parties to them.
61.
(b) Customary international law
62. Customary international law (or, simply, “custom”) is international law which
develops through a general and consistent practice of States, followed because of a
sense of legal obligation. In other words, if over a period of time States perform in a
certain way because they all believe that they are required to do so, that behaviour
comes to be recognized as a principle of international law, binding on States, even if not
written in a particular agreement. Thus, for example, while the Universal Declaration of
Human Rights is not, in itself, a binding instrument, certain provisions of the Declaration
are considered to have the character of customary international law.
30
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