THE ROLE OF INTERNATIONAL ORGANIZATIONS IN PROTECTING HUMAN RIGHTS : HUMAN RIGHTS LAW – Shreya Mondal

THE ROLE OF INTERNATIONAL ORGANIZATIONS IN PROTECTING HUMAN RIGHTS : HUMAN RIGHTS LAW

Author -Shreya Mondal

Brainware University; Barasat; Kolkata

ABSTRACT

This paper explores the pivotal role that international organizations play in the protection and promotion of human rights globally. It begins with a historical overview, highlighting the post-World War II era as a turning point for international human rights advocacy. The paper then examines the contributions of key international organizations, including the United Nations, the European Court of Human Rights, the Inter-American Court of Human Rights, and the African Court on Human and Peoples’ Rights. Through detailed case studies, such as the UN’s involvement in the Myanmar Rohingya crisis and landmark rulings by the various human rights courts, the paper illustrates the practical impact of these bodies. Despite their significant achievements, international organizations face numerous challenges, including political resistance and enforcement limitations. The conclusion emphasizes the indispensable nature of these organizations in the global human rights landscape, advocating for continued support and necessary reforms to enhance their effectiveness.

TABLE OF CONTENT

1. Introduction

2. Historical Background

3. Key International Organizations

   – United Nations

   – European Court of Human Rights

   – Inter-American Court of Human Rights

   – African Court on Human and Peoples’ Rights

4. Case Studies

5. Challenges and Criticisms

6. Conclusion

7. References

 1. INTRODUCTION

International organizations are integral to the global framework for protecting human rights. By establishing norms, monitoring compliance, and providing mechanisms for redress, these entities work to safeguard human rights across different jurisdictions and against abuses by state and non-state actors alike. Since the mid-20th century, following the atrocities of World War II, there has been a concerted effort to protect human rights on a global scale. This movement gained significant traction with the establishment of the United Nations and the adoption of the Universal Declaration of Human Rights in 1948, marking a pivotal moment in the international human rights agenda.

The role of international organizations in this context cannot be overstated. They have developed comprehensive legal frameworks and judicial bodies that address human rights violations, promote accountability, and offer recourse to victims. Key organizations, “such as the United Nations, the European Court of Human Rights, the Inter-American Court of Human Rights, and the African Court on Human and Peoples’ Rights, exemplify these efforts”. 

2. HISTORICAL BACKGROUND

The modern movement for the protection of human rights by international organizations has its roots in the aftermath of World War II. The unprecedented atrocities committed during the war, particularly the Holocaust, highlighted the urgent need for a coordinated international response to prevent such violations from occurring again. This period marked the beginning of a concerted global effort to establish a framework for the protection of human rights.

The formation of the United Nations in 1945 was a cornerstone of this new international order. The UN Charter, adopted in the same year, explicitly stated the organization’s commitment to promoting and encouraging respect for human rights and fundamental freedoms for all individuals, without distinction. This was further solidified with the adoption of the Universal Declaration of Human Rights (UDHR) in 1948, a landmark document that set forth, for the first time, fundamental human rights to be universally protected. 

In the following decades, the international community established various treaties and conventions to expand the scope of human rights protection. Key among these was the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social, and Cultural Rights (ICESCR), both adopted in 1966. 

Despite these obstacles, the evolution of international human rights organizations represents a significant achievement in the global effort to protect and promote human rights. Their ongoing work continues to shape a world where the dignity and rights of every individual are recognized and protected. This historical background sets the stage for understanding the current impact of these organizations in the complex landscape of global human rights protection.

3. KEY INTERNATIONAL ORGANIZATIONS

3.1 United Nations

The United Nations, through its various bodies like the Human Rights Council and the Office of the High Commissioner for Human Rights, plays a pivotal role in setting global human rights standards and addressing violations (UN, 2021). The UN employs tools such as international treaties, special rapporteurs, and periodic reviews to monitor and improve human rights conditions worldwide.

3.2 European Court of Human Rights

The European Court of Human Rights (ECHR) serves as a critical judicial body under the Council of Europe. It ensures the protection of civil and political rights of individuals within its member states by interpreting and applying the European Convention on Human Rights (ECHR, 2022).

3.3 Inter-American Court of Human Rights

The Inter-American Court of Human Rights, established by the Organization of American States (OAS), adjudicates cases concerning human rights violations in the Americas. It provides a crucial legal framework for the protection and promotion of human rights in the Western Hemisphere (OAS, 2019).

3.4 African Court on Human and Peoples’ Rights

The African Court on Human and Peoples’ Rights, established by the African Union, adjudicates human rights cases in Africa. It aims to enhance the protection of human rights on the continent through its judicial decisions and advisory opinions (ACHPR, 2020).

 4. CASE STUDIES

4.1 United Nations: Myanmar Rohingya Crisis

The UN has played a significant role in addressing the human rights abuses against the Rohingya population in Myanmar. Through fact-finding missions and reports,” The UN has brought international attention to the crisis, urging accountability and humanitarian assistance (UN, 2018)”.

4.2 European Court of Human Rights: Hirst v. United Kingdom

In Hirst v. United Kingdom (No. 2), the ECHR held that the blanket ban on prisoner voting rights in the UK violated Article 3 of Protocol No. 1 of the European Convention on Human Rights, which guarantees the right to free elections (ECHR, 2005).

4.3 Inter-American Court of Human Rights: Velásquez Rodríguez Case

In the landmark case of Velásquez Rodríguez v. Honduras, the Inter-American Court found the state responsible for enforcing and establishing important principles regarding state responsibility for human rights violations by private actors (IACHR, 1988).

4.4 African Court on Human and Peoples’ Rights: Ogiek Case

In the Ogiek case, the African Court ruled that Kenya had violated the rights of the Ogiek community by evicting them from their ancestral lands in the Mau Forest, thereby infringing on their rights to culture, religion, and property (ACHPR, 2017).

5. CHALLENGES AND CRITICISMS

International organizations face various challenges in protecting human rights, including political resistance from member states, limited resources, and enforcement difficulties. Critics argue that these organizations sometimes lack the power to enforce their decisions and that political considerations can undermine their effectiveness (Jones, 2019).

1.  Political resistance from member states. Sovereignty concerns often lead countries to resist international scrutiny and intervention in their domestic affairs. This resistance can manifest in various forms, from outright non-compliance with international rulings to political lobbying within these organizations to avoid censure.

2. Resource limitations of international organizations to fulfill their mandates. Financial constraints can restrict the scope of their operations, limit the deployment of field missions, and reduce the ability to conduct thorough investigations

3. Enforcement of human rights decisions and recommendations is another major challenge. Unlike national judicial systems, international human rights bodies often lack the means to enforce their rulings. Compliance relies heavily on the goodwill and cooperation of states, which is not always forthcoming. 

4. The political dynamics within international organizations can affect their impartiality and efficiency. Decisions may sometimes be influenced by the political agendas of powerful member states, leading to accusations of bias or selective enforcement. This politicization can erode the credibility of these organizations and diminish their perceived impartiality and legitimacy.

5. The inclusivity and representativeness of international human rights organizations. Critics argue that these bodies often reflect the interests and perspectives of more powerful or Western nations, potentially marginalizing voices and concerns from less influential regions. This imbalance can lead to a perceived lack of cultural sensitivity and relevance in certain parts of the world.

6. There are practical challenges related to the evolving nature of human rights issues. New forms of human rights abuses, such as those related to digital surveillance, climate change, and artificial intelligence, pose novel challenges that existing frameworks and mechanisms may not be fully equipped to address. Adapting to these emerging issues requires continuous evolution and reform within international organizations.

 6. CONCLUSION

International organizations play an indispensable role in the protection and promotion of human rights across the globe. Their efforts have led to significant advancements in the global human rights landscape, offering avenues for redress and accountability that transcend national borders.

Despite their crucial role, these organizations face substantial challenges that limit their effectiveness. Political resistance, resource constraints, enforcement difficulties, and internal political dynamics all pose significant hurdles. Moreover, criticisms regarding bias, representativeness, and the capacity to address emerging human rights issues highlight the need for continuous reform and adaptation.

To enhance their impact, international human rights organizations must navigate these challenges with strategic reforms and robust support from the global community. This includes securing adequate funding, strengthening enforcement mechanisms, and ensuring greater inclusivity and cultural sensitivity in their operations. Additionally, staying ahead of evolving human rights issues will require innovative approaches and collaboration with a broad range of stakeholders.

7. REFERENCES

ACHPR. (2017). African Commission on Human and Peoples’ Rights v. Kenya (The Ogiek Case). Retrieved from https://achpr.au.int/sessions

ACHPR. (2020). African Court on Human and Peoples’ Rights. Retrieved from https://www.african-court.org/wpafc/

ECHR. (2005). Hirst v. United Kingdom (No. 2). Retrieved from https://www.echr.coe.int/

 ECHR. (2022). European Court of Human Rights. Retrieved from https://www.echr.coe.int/

IACHR. (1988). Velásquez Rodríguez v. Honduras. Retrieved from https://www.corteidh.or.cr/

 Jones, T. (2019). Challenges in International Human Rights Law. Oxford University Press.

OAS. (2019). Inter-American Court of Human Rights. Retrieved from https://www.corteidh.or.cr/

Smith, A. (2020). History of International Human Rights. Cambridge University Press.

UN. (2018). Report of the Independent International Fact-Finding Mission on Myanmar. Retrieved from https://www.ohchr.org/

 UN. (2021). United Nations Human Rights Council. Retrieved from https://www.ohchr.org/