International Human Rights Law

This research study aims to investigate and provide an understanding of how international law has come to the aid of persons whose human rights have been violated, assessing the effectiveness of international law in human rights protection.

Running head: INTERNATIONAL HUMAN RIGHTS LAW
International Human Rights Law
Name of the Student
Name of the University
Author Note

1INTERNATIONAL HUMAN RIGHTS LAW
Table of Contents
Chapter 1 – Introduction..................................................................................................................3
1.1. Background to the Research Topic...................................................................................3
1.2. Research Gaps/Problem Statement...................................................................................6
1.3. Research Aims and Objectives.........................................................................................7
1.4. Research Questions...........................................................................................................7
1.5. Research Hypothesis.........................................................................................................8
Chapter 2........................................................................................................................................13
2.1. Review of Literature...........................................................................................................13
2.1.1. Effectiveness of European Union in Promoting Human Rights......................................13
2.2. Understanding the Relationship between Globalization and Protection of Human Rights14
2.3. Exploitation of Human Rights by International Courts and Tribunals...............................15
2.4. Need for Defining Human Rights under Democratic Systems of Governance..................16
2.5. Understanding the Relationship between Human Rights and Corporate Social
Responsibility............................................................................................................................16
2.6. Challenges to International Law.........................................................................................17
2.7. Universalism and Challenges to International Law on Human Rights in Russia and the
European Union.........................................................................................................................18
2.8. Protecting the Rights of Forced Migrants under International Human Rights Law...........19
2.9. Challenges posed to International Refugee Law................................................................20

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2.10. Human Rights Protection in the Context of Business......................................................21
2.11. Gaps in the Literature Review/ Rationale for the Study...................................................21
2.3. Findings and Discussion.....................................................................................................24
2.3.1. International Laws and Conventions on the Protection of Human Rights – An Overview
...................................................................................................................................................24
2.3.2. Institutions for the Protection and Surveillance of Human Rights – An Overview........27
2.3.3. Understanding the Effectiveness of International Law on Human Rights and the Matter
of State Accountability..............................................................................................................28
Conclusion.................................................................................................................................33
References......................................................................................................................................34

3INTERNATIONAL HUMAN RIGHTS LAW
Chapter 1 – Introduction
1.1. Background to the Research Topic
International law on human rights refers to the legal instruments that are aimed at
promoting as well as protecting human rights at both the domestic and the international levels. It
is composed primarily of what may be termed as treaty law, that is, agreements of a legally
binding nature that are drawn up between state parties, and which are based on the principle of
customary international law.1 Customary international law refers to the legal rules and
regulations that have been derived from state practices especially practices of a consistent nature.
Although customary law and treaty law are seen to form the main basis of any international law
on human rights, various other types of legal instruments such as principles, guiding principles,
guidelines and declarations that have been adopted at the international level make a contribution
to the implementation, development as well as general understanding of human rights law. 2
In the view of Greenwood (2018), when it comes to the implementation of international
law on human rights, it needs to be remembered first and foremost, that enforcement is
something that can take place at both the domestic and international level, depending on whether
or not the country where the law is attempting to be enforced is a country that accepts human
rights law in the first place. 3States which are seen to sign and ratify treaties on the protection of
human rights, are states that make an official commitment to protecting and upholding human
rights and to adopting the measures that are needed to avoid human rights being violated for any
citizen. According to Claire (2017), it is also the responsibility of such states to make sure of the
1 Greenwood C, 'International Law And The Use Of Force' [2018] Oxford University Press
2 Ibid
3 Ibid

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fact that their domestic laws are those that are compatible or in keeping with international
standards of human rights. In the event that domestic law or the law of the land is not successful
in preserving and protecting human rights, it is possible for the injured parties to take recourse to
international laws on human rights in order to seek and acquire justice for the wrongs that have
been done to them. 4
As per the view of Gibson (2017), although international law on human rights is
something that bears a lot of resemblance to international humanitarian law, it is important to
remember that an important distinction exists between both types of law. Both laws are seen to
complement one another largely because of the fact the substantive norms which are contained in
such laws are related or similar to one another. For Hathaway (2018), the international
humanitarian legal regime is also one which is seen to apply exclusively to situations of armed
conflict, including the concept and occurrence of occupation, when both of the legal regimes are
made to apply in tandem with one another. 5
According to Hathaway (2018), international human rights law in the modern day and
age can be said to have come into existence with the drafting of what may be termed as the
Universal Declaration of Human Rights in the year of 1948. This is a non-binding legal
agreement that was drafted initially as a standard common for the achievement of humanitarian
goals and objectives and as such it spells out all the economic, civil, social as well as cultural
rights which human beings all over the world need to be given access to.6 The Universal
4 Claire M, 'The Emerging Norm Of Corporate Social Responsibility. In Human Rights And Corporations' [2017]
Routledge
5 Gibson KA Syrnington, 'Business And Human Rights: Current And Future Challenges'
6 Hathaway J, 'Special Feature: Eighth Colloquium On Challenges In International Refugee Law' (2018) 39
Michigan Journal of International Law

5INTERNATIONAL HUMAN RIGHTS LAW
Declaration of Human Rights of 1948 is also an instrument that is accepted worldwide as one
which outlines the fundamental human rights norms which ought to be expected and respected in
each and every country of the world, with no exception being made in this respect. Together with
the International Covenant on Economic, Social and Cultural Rights and the International
Covenant on Civil and Political Rights, the Universal Declaration of Human rights forms what
may be termed as the International Human Rights Bill, a legal instrument that must be adhered to
by all countries of the world that believe in and profess to protect human rights and human
dignity rather than perpetrating its violation and abuse.7
As stated by Gready (2019), a number of international treaties and agreements on the
subject of human rights have been adopted ever since the year of 1945, all of which confer some
sort of legal form or basis on human rights of an inherent nature, and which have made a
contribution to human rights as a body being developed and expanded by a considerable extent8.
Some examples of such human rights treaties and agreements are Convention relating to the
Status of Refugees of 1951, Convention on Prevention and Punishment of the Crime of
Genocide, Convention on Elimination of All Forms of Discrimination against Women,
Conventional on Elimination of All Forms of Racial Discrimination, UN Convention on the
Rights of the Child, UN Convention on Torture, UN Convention on the Rights of People with
Disabilities, Convention on Protection of All Persons from Enforced Disappearance, and
Convention on the Protection of Rights of all Migrant Workers and Members of their
Families.9
7 Ibid
8 Paul Gready, 'Reflections On A Human Rights Decade: Near And Far' (2019) 11 Journal of Human Rights
Practice.
9 Greenwood C, 'International Law And The Use Of Force' [2018] Oxford University Press

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One of the most important roles of international law on human rights is that it prescribes
all the obligations that are bound to be respected by states. As stated by Greenwood (2018), by
ratifying an international treaty on human rights, it is expected that is expected that the state will
introduce domestic legislation or domestic measures that are compatible with all the obligations
that have been laid out in this treaty. 10For Hathaway (2018), when ratifying an international
treaty, a state assumes duties and obligations under the purview of international law that are
meant for the protection, preservation and fulfillment of human rights standards. States, in other
words, are placed under the obligation of preventing human rights violations and protecting
human dignity and human rights in their sovereign territory, and must refrain as such from
curtailing or interfering in the process of enjoyment of human rights by the people of the
country. It is under obligation to protection groups of people as well as individuals from the
abuse of human rights and has to undertake the positive course of action that is necessary for
making sure that basic human rights are enjoyed and respected by people of the country. 11
Gready (2019), states that there are of course a number of monitoring mechanisms that
are in place to make sure of the fact that human rights treaties or instruments as signed and
ratified by states are those that are being complied with. These are monitoring mechanisms or
bodies that have been created by the United Nations Organization and which are comprised of
what may be termed as independent experts for the most part. Secretariat support is received and
enjoyed by most of these bodies from the Office of the High Commissioner of Human Rights. It
may also be pointed out in this respect that similar mechanisms are not seen to exist for ensuring
the adequate protection and implementation of international humanitarian law.12
10 Ibid
11 Hathaway J, 'Special Feature: Eighth Colloquium On Challenges In International Refugee Law' (2018) 39
Michigan Journal of International Law
12 Paul Gready, 'Reflections On A Human Rights Decade: Near And Far' (2019) 11 Journal of Human Rights Practice.

7INTERNATIONAL HUMAN RIGHTS LAW
1.2. Research Gaps/Problem Statement
A decent body of literature is seen to exist on international legal instruments for the
protection of human rights, as well as the international human rights standards that countries
around the world are expected to follow or to adhere to in order to ensure human rights is
something that is protected and respected on their individual territories. The literature clearly
establishes that governments around the world must take cognizance of international human
rights law and standards. Yet little information exists on how successful international treaties and
agreements can be in upholding and protecting human rights. This research aims to investigate
and provide an understanding of how international law has come to the aid of persons whose
human rights have been violated, assessing in the process the effectiveness of international law
in human rights in this respect.
1.3. Research Aims and Objectives
Some of the important aims and objectives of this research study are as follows –
 To arrive at an understanding of the various treaties and agreements that exist on the
protection of human rights
 To determine the role of human rights organizations and bodies that have been created by
the UN for ensuring adequate protection of human rights
 To assess the effectiveness of international treaties on human rights in protecting and
upholding human rights.
 To understand the ways and means by which states can be made more accountable in
protecting and upholding international treaties on human rights.

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1.4. Research Questions
Some of the questions which this research project seeks to provide an answer to are as follows –
RQ 1 – What are the various treaties and agreements that exist on the protection of human
rights?
RQ 2 – What is the exact role that is played by organizations that have been created by the UN
in ensuring adequate protection of human rights?
RQ 3 – How effective are international treaties on human rights in actually protecting and
upholding human rights?
RQ -4 – What are the ways and means by which states can be made more accountable in
protecting and upholding international treaties on human rights?
1.5. Research Hypothesis
This research project aims to test the following hypothesis -
Hypothesis 1 - International law on human rights is effective when it comes to the protection of
human rights
Hypothesis 2 - International law on human rights is not effective when it comes to the protection
of human rights
1.6. Purpose of the Study
The purpose of this research is quite specific, which is to determine whether or not
international law appears to be effective when it comes to the protection of human rights. Human

9INTERNATIONAL HUMAN RIGHTS LAW
rights, as discussed in the background overview are violated frequently and extensively in each
and every part of the globe. The protection and the preservation of human rights is a subject that
merits discussion and debate not to mention research. This study undertakes an in-depth review
of literature on the subject of human rights and international law to understand what body of
research already exists on the subject, so that novel aspects associated with international law and
human rights and the effectiveness of international law in protecting human rights can be
discovered. It is hoped that this discovery in turn will contribute significantly to international
scholarship on human rights law, helping researchers and scholars around the world to
understand how instruments of human rights and human rights law, can be utilized to aid people
whose rights are being violated grossly.
1.6. Research Methods
1.6.1. Research Philosophy
Research philosophy is something that is utilized primarily for studying, analyzing and
scrutinizing a research project with a great amount of detail. Research philosophy provides the
normative basis for any research work that is undertaken and as such guides the focus and the
direction of the research. There are three important research perspectives or philosophies that are
seen to be in use among researchers today and these are interpretivism, realism as well as
positivism. Positivism is one of the most commonly used research philosophies and it concerns
itself primarily with the study of facts and figures. An objective outlook to a particular situation
or area of study is something that can be adopted by researchers when positivism is utilized for
the purpose of the study. Interpretivism is another well-known research philosophy that is
concerned mostly with the study and analysis of management functions as well as management

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activities. Business operations can be studied aptly and in detail using the perspective of
interpretivism. Realism is the third most crucial philosophy that is used by researchers when
undertaking an investigation, which offers mixed approaches to problems or situations and
which, as such entails a combination of the elements of both positivism and also interpretivism.
For this particular project it can be stated that the research philosophy of positivism is accepted
for use while the other two perspectives have been done away with. Interpretivism and realism it
is important to remember are quite subjective in their nature and scope, largely because of the
fact that these tend to focus and prioritize the individual in a given situation rather than the
circumstances, the climate or environment or political space which is being studied and its
interpretation therefore becomes quite subjective and abstract as well.
1.6.2. Research Design
When it comes to understanding the subject of research design, it is crucial to keep in
mind the fact that there are three types of research designs which are in use among investigators
around the world. These are the explanatory research design, the exploratory research design as
well as the analytical or descriptive research design. Flick (2015) has provided an interesting
overview on these different types of research designs. According to Flick (2015), the explanatory
research design is one that assists an investigator in understanding the various types of variables
that are being studied as part of the research process, the exploratory research design is one
which puts researchers in a position to understand the subject matter which is being investigated
while the descriptive or analytical research design helps an investigator to study and analyze the
contents of a situation or problem in the most detailed of ways. For this project, it is the
descriptive or analytical research design that has been chosen as it helps the researcher to arrive

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at a detailed understanding of the problems presented by the context of the study and the varied
ways by which the problem can be overcome.
1.6.3. Data Collection
The data for this research has been collected primarily using secondary methods of data
collection. Important books, journal articles and chapters in edited volumes have been studied in
great detail to understand if international human rights instruments are effective in upholding
human rights or not. Additionally, some primary research has also been undertaken as part of this
study by referring to case laws and the international legal instruments that have been designed
and conceived to protect and preserve human rights in each and every part of the world.
1.6.4. Data Analysis
The data that has been collected using the methods that have been described above has
been analyzed in detail using the process of what may be termed as thematic analysis. The data
has been divided and categorized into various themes following which each of these themes have
been discussed and analyzed in detail.
1.6.5. Sample Size
The fact that this is a project that is mostly based on secondary data and little primary
data and also the generic focus and scope of the project indicates that there was no sample that
was chosen for the research and an attempt was instead made to understand what scholarship and
legal documents have to say about effectiveness and importance of international laws in
protecting human rights.
1.6.6. Ethical Considerations

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A number of ethical factors were taken into consideration at the time of doing this research. They
are as follows –
 All sources that have been used for analysis and discussion in this piece of work have
been properly and duly cited. There has been no duplication of content while carrying out
this study and information used from scholarly books or texts have been adequately
acknowledged on the part of the researcher in the form of citation.
 Every attempt has been made on the part of the researcher to avoid the use of bias when
doing this project and to approach the subject instead from an objective perspective. All
facts and data presented and analyzed are those that have been portrayed in an objective
rather than a subjective manner, providing clarity to the subject matter that is under
discussion and enabling readers to understand the problem and the solutions from more
than one perspective.
1.6.7. Limitations of the Study
This is a study that has been greatly limited by the lack of time as well as resources. With
more funding and time, primary research in the form of qualitative investigation comprising of
focus group discussions and interviews of a sample research population, and more in-depth
analysis of legal cases and secondary sources could have been undertaken in order to arrive at the
answers to the research questions.

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Bibliography
1. Claire M, 'The Emerging Norm Of Corporate Social Responsibility. In Human Rights
And Corporations' [2017] Routledge
2. Gibson KA Syrnington, 'Business And Human Rights: Current And Future Challenges'
3. Gready P, 'Reflections On A Human Rights Decade: Near And Far' (2019) 11 Journal of
Human Rights Practice
4. Greenwood C, 'International Law And The Use Of Force' [2018] Oxford University Press
5. Hathaway J, 'Special Feature: Eighth Colloquium On Challenges In International Refugee
Law' (2018) 39 Michigan Journal of International Law

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Chapter 2
2.1. Review of Literature
2.1.1. Effectiveness of European Union in Promoting Human Rights
The effectiveness of international legal human rights instruments as well as the
effectiveness of international organizations and institutions in protecting and promoting human
rights has drawn the attention and the interest of scholars worldwide. Sicurelli (2017), for
instance has engaged in a study that aims at judging the effectiveness of human rights promotion
on the part of the European Union, in states of a non-democratic nature. The study has
specifically been carried out in the context of Vietnam in Southeast Asia. It is the argument of
the researcher that in spite of the fact that the government of Vietnam has failed to recognize that
there is an independent civil society which is in operation in the country, a domestic debate has
been generated in the nation by the EU on the subject of the death penalty, and which has
indirectly led to the birth of what may be termed as a process of reform, leading capital crimes to
be reduced in the country by a considerable extent. The research has aimed at studying the
effectiveness of the European Union in promoting human rights and human dignity in such a
hostile and non-democratic political environment. It is specifically argued on the part of Sicurelli
(2017), that the political elites of the country are interested in enhancing the international status
of the country and are also quite responsiveness ot the needs, requirements as well as criticism of
the public, and as such are likely to take the steps that are needed to support the work of EU in
this part of the world and endorse the human rights norms that are sponsored by the EU. 13
13 D Sicurelli, 'The Conditions For Effectiveness Of EU Human Rights Promotion In Non-Democratic States. A
Case Study Of Vietnam' (2017) 39 Journal of European Integration.

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2.2. Understanding the Relationship between Globalization and Protection of
Human Rights
Mezzaroba and Silveira (2018), argue that the globalization as a process as well as the
mass international migration that this is accompanied by, is something that has changed in a
number of significant ways, the relationship that is seen to exist between an individual and his
state. This change is something that in the view of the researchers can be witnessed especially in
the domain of the practice and implementation of international law on human rights. Human
needs according to Mezzaroba and Silveira (2018), are those that need to find manifestation at
both the international as well as the regional levels for achieving the principle of human dignity,
a principle which according to them must be respected in each and every country of the world.
What the researcher undertaken by Mezzaroba and Silveira (2018) does is investigate the link or
connection that exists between human rights and citizenship and this is a link that is examined
from a diverse range of perspectives using methods such as a deductive approach as well as an
in-depth review of literature. The current dimensions of the process of citizenship as well as
added values in the context of human rights and human dignity have been studied in great detail
by the researchers with the conclusion being made that the citizenship cannot be devoid of
human rights. Citizens must be accorded dignity and respect and their basic rights must be
respected and upheld by their sovereign states and that the goal of all states of the globe is to
work towards such an end. 14
14 o Mezzarobba and VOD Silveira, 'The Principle Of The Dignity Of Human Person: A Reading Of The
Effectiveness Of Citizenship And Human Rights Through The Challenges Put Forward By Globalization.' (2018) 5
Revista de Investigações Constitucionais,.

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2.3. Exploitation of Human Rights by International Courts and Tribunals
Robinson (2017) has assessed the effectiveness of international law on human rights by
looking at the willful ignorance and the global exploitation that is engaged in on the part of
international courts and tribunals, especially their lack of effectiveness when it comes to the
adjudication of reconciliation and justice as dictated or made mandatory under the tenets or
provisions of international criminal law. Two important case studies have made use of on the
part of Robinson (2017) in demonstrating how international criminal law has managed to
completely fail in its duty of preventing the violation of ethics and human rights. The target
perpetrator in both of these case studies is the government of the United States of America. The
author shows how the US government has disregarded international criminal law as well as
international laws on human rights in countries such as Iraq and Rwanda. The author
recommends that a mobile court system or a mobile tribunal be created that would make its way
to victimized groups or a nation state where human rights violations are taking place and which
will be accompanied by what may be termed as a security unit, with the aim and purpose of this
unit being to provide comfort, aid and assistance to the people who are in need of it. Secondly it
is argued by Robinson (2017), that if reconciliation and justice are to be achieved at all, then
human rights experts need to be employed to keep and maintain peace while status reports on the
protection of human rights will also have to be sent to the court system or tribunal system. Such
measures in the view of Robinson (2017) will not only assist in the adequate protection of human
rights but will also help in punishing those who are guilty of crimes that entail the abuse and
violation of human rights and human dignity.15
15 J Robinson, 'Does The Law Work? Global Exploitation And Willful Ignorance Of International Tribunals/Courts
And Their Lack Of Effectiveness In Adjudicating Justice And Reconciliation In International Criminal Law'.

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2.4. Need for Defining Human Rights under Democratic Systems of Governance
Stein (2016) has carried out research on the effectiveness of international treaties and
agreements in the context of human rights and makes the argument that it is important for
scholars and practitioners to focus on human rights which are not well defined under a
democratic system in order to arrive at a better understanding of how effective and useful
international legal agreements on human rights are when it comes to upholding and protecting
human rights. It is argued by Stein (2016) that the practice of rights is something that can diverge
from the rules and regulations that are laid out in treaties, but when it is the domestic
mechanisms of human rights enforcement that abuse such agreements, how is that the
governments of countries are seen to behave? The research that has been undertaken by Stein
(2016) has explored such a question in great detail by specifically examining a core treaty that
has been drawn up for the protection and prevention of child labor. The author concludes with
the argument that in case of countries that operate under a non-democratic system, the promise to
uphold human rights treaties are made with ease and broken with an equal amount of ease as
well, while democratic governments on the other hand attempt to pay more attention to and
uphold the provisions contained in international human rights agreements and treaties, that have
been ratified by such governments in the first place. 16
2.5. Understanding the Relationship between Human Rights and Corporate
Social Responsibility
The relationship between corporate social responsibility and human rights is something
that has been examined by Claire (2017). It is argued by the researcher that corporate social
responsibility in today’s day and age is something that means a lot more than the maximization
16 Von Stein, 'Making Promises, Keeping Promises: Democracy, Ratification And Compliance In International
Human Rights Law' (2016) 6 British Journal of Political Science.

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of profit and that human rights norms today are evolving at an increasing pace to include what
may be termed as a collective recognition. The researcher states in no uncertain terms that along
with the civil and political rights of a human being, it is the social, cultural and economic rights
that happen to be the most effective in terms of practice and use. The behavior of multinational is
something that is becoming increasingly as well as predictably compatible with various human
rights norms while human rights norms are guiding multinational corporations to conduct
business operations in a way that is in keeping with human rights norms and standards,
especially operations that are consistent with the practice and implementation of human rights.17
2.6. Challenges to International Law
In addition to assessing the effectiveness of international human rights instruments, the
various challenges and threats that are posed to the implementation of human rights is also
something that has drawn interest of scholars over the years. Greenwood (2018) for instance, has
engaged in a detailed study of the opportunities, threats and challenges that are posed to the
practice of international law as a whole. It is argued on the part of Greenwood (2018) that while
international law, including international human rights law outlines the protocols and standards
that are to be adhered to by nation states in their relationship with one another, there are many
states of the world that do not take any cognizance of international rules and regulations, making
the practice and implementation of international law turn out to be farcical at times. Greenwood
(2018) has pointed to cases in both the Global North as well as the Global South when it comes
to the refusal or unwillingness to implement international law, even on the part of states that
have signed and ratified international legal agreements and which are therefore bound by the
provisions that are contained in such agreements. It is stated by Greenwood (2018) that states
17 MD Claire, 'The Emerging Norm Of Corporate Social Responsibility. In Human Rights And Corporations' [2017]
Routledge.

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need to be made more accountable towards their actions and that their international legal
obligations must be impressed upon them time and again, in order to ensure that states do not
shirk from their duty to practice and engage in the implementation of international law, be it law
of a binding or non-binding nature in order for harmony to exist in the international community
as a whole.18
2.7. Universalism and Challenges to International Law on Human Rights in
Russia and the European Union
Hillebrecht (2019) has studied the challenges that are posed to the concept of
universalism in international courts in today’s day and age. It is argued by Hillebrecht (2019),
the country of Russia has been a member of the European Council of Human Rights ever since
the year of 1996, and as such, both the Russian Federation as well as the people of the country
have agreed to accept compulsory jurisdiction of this institution since the year of 1996.19 Yet
Hillebrecht (2019) also states that the prolonged tension that exists between the Russian
government and the European Council of Human Rights especially the unresolved and persistent
disputes that are seen to arise between the two entities from time to time is indicative of the fact
the protection and preservation of international human rights is severely compromised. This is
because a fundamental divide exists between the ECHR and the Russian Federation on the
subject of which are the human rights that are matter, and which need to be taken cognizance of
and which are the rights that don’t matter and which can therefore be ignored or even abused if
necessary. The universal nature of human rights is something that is not paid attention to by
either the ECHR or the Russian government in the view of Hillebrecht (2019), and ideological
18 C Greenwood, 'International Law And The Use Of Force' [2018] Oxford University Press.
19 C Hillebrecht, 'Normative Consensus And Contentious Practice: Challenges To Universalism In International
Human Rights Courts.' (2019) 4 Human Rights Quarterly,.

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differences between both must be resolved if human rights are to be protected and safeguarded
by both in the universal sense of the term.20
2.8. Protecting the Rights of Forced Migrants under International Human
Rights Law
Scholten (2016), has paid a lot of attention to researching on the challenges and the
difficulties that are posed to the practice of international law on human rights in the context of
forced migration in general and forced evictions in particular. An analysis has been carried out
on the part of the author on the various types of forced migration that is seen to take place in
different parts of the world, including the rise and the spread of internal displacement. It is stated
by Scholten (2016) that although the Universal Declaration of Human Rights which was adopted
in 1948 does not contain provisions that specifically addresses the plight of forced migrants,
including the internally displaced, there are other international legal instruments that look into
the protection of forced migrations such as the Convention on the Status of Refugees of 1951
and the Convention on the Reduction of Statelessness of 1954. The scale and the dynamics of
forced displacement and forced evictions around the world have been examined by Scholten
(2016), including the problem of environmental migration, with the conclusion being made on
the part of the researcher that international cooperation needs to be in place if the challenges of
international human rights law are to be overcome and addressed especially in the context of
forced migration, with millions of people fleeing their native lands for protection overseas or
across the border as asylum seekers in various parts of the world.21
20 C Hillebrecht, 'Normative Consensus And Contentious Practice: Challenges To Universalism In International
Human Rights Courts.' (2019) 4 Human Rights Quarterly,.
21 Andrew Scholten, 'International Human Rights Law Aspects Of Forced Migrations, Evictions And Displacement:
Current Issues And Challenges.' [2016] Conference" New Trends in Regional Development" DEU.

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2.9. Challenges posed to International Refugee Law
The challenges that are posed to the practice of international refugee law in particular
have been studied at length by James C. Hathaway (2018), who argues for a shift away from the
refugee convention to address the difficulties that are faced in this respect. In the view of James
C. Hathaway (2018), the UN Refugee Convention of 1951 is Eurocentric in nature and outdated
in character and as such it fails to meet the needs and requirements of asylum seekers in the
present day and age. International refugee norms and standards must be continuously evaluated
and updated, if the specific concerns of forced migrants worldwide are to be suitably dealt with.
Hathaway (2018) refers in particular to the problem of environmental migration and the
challenges that are faced in defining and understanding this phenomenon. Hathaway (2018)
concludes that thoughtful and principled debates need to take place among scholars and
practitioners in the realm of forced migration issues, if the problems of forced migrants in
today’s day and age are to be well understood and analyzed and if apt protection systems to look
into their care and their wellbeing are to be devised. The existing conventions like the Refugee
Convention of 1951 do little in the view of Hathaway (2018) to provide solutions for the
protection and rehabilitation of refugees in the years of the 21st Century, especially the fact that
there is not much that this instrument has to say on people fleeing the adverse consequences of
climate change.22
2.10. Human Rights Protection in the Context of Business
Gibson et al. (2019) have made an attempt to study the protection and preservation of
human rights in the domain of business and enterprise. In the view of the researchers a universal
standard must be adopted if human rights are to be protected and safeguarded in the course of
22 C Hillebrecht, 'Normative Consensus And Contentious Practice: Challenges To Universalism In International
Human Rights Courts.' (2019) 4 Human Rights Quarterly,.

22INTERNATIONAL HUMAN RIGHTS LAW
running business operations, by corporate firms. Such a universal standard it is argued by Gibson
et al. (2019) will prevent negative impact as well as mitigate such an impact of corporations, the
rights of stakeholders, the local communities and of course the rights of workers. The human
rights and business framework according to Gibson et al. (2019) is one that is comprised of
elements of both soft law as well as hard law in addition to voluntary industry initiatives. The
authors conclude that while international law on human rights is something that is applied only
to state parties or governments of the world, it is also something that should be applied to
national and international business corporations that have the duty and the right to protect the
interests of vast numbers of workers who offer their services to such corporations. Cases have
been highlighted throughout this research from countries such as Brazil and Bangladesh, where
the rights of factory workers have been severely jeopardized and compromised with, in the name
of business interest as a consequence of which countries have been compelled to take cognizance
of such human rights abuses, with human rights provisions now being increasingly incorporated
into bilateral investment treaties, for instance. 23
2.11. Gaps in the Literature Review/ Rationale for the Study
The literature that has been reviewed above does a stellar job of pointing out how the
protection of international human rights standards has been successful in certain instances and
not so successful in other instances. Care is particularly taken on the part of scholars to show that
there are certain countries of the world which sign and ratify international conventions and
agreements on human rights but which do not do a good job of upholding such rights. The role of
the US government has been highlighted in this respect, with an attempt being made by scholars
to show that while most international instruments on human rights are signed and ratified by the
23 K Gibson and A Syrnington, 'Business And Human Rights: Current And Future Challenges'.

23INTERNATIONAL HUMAN RIGHTS LAW
USA, this is a country that has been violating both international law on human rights as well as
international criminal law in specific parts of the world, such as in the prisons of Iraq and in
Rwanda. The literature has also pointed to the various challenges and difficulties that are posed
to the implementation of human rights in many parts of the world, such as the implementation of
international human rights law in the context of forced migration especially environmental
migration. The research that has been reviewed has shown that governments need to be made
more accountable towards their obligation to uphold the provisions of international law on
human rights, and that debates and discussions need to ensue among scholars and practitioners to
arrive at an understanding of the type of international human rights frameworks that need to be
drawn up to address the rights of migrants, forced migrants and vulnerable populations in general
in today’s day and age.
What the literature that has been reviewed to do above fails to do, is to point out the
specific ways by which international law on human rights can be effective in upholding and
preserving the rights of man in different parts of the world. It has talked about how rights are
violated by governments, how business corporations need to take cognizance of human rights
when drawing up policies for their workers, and how governments must be made more
accountable for the protection and preservation of human rights according to international norms
and standards that have been established for this purpose. However, it has not mentioned the
exact ways by which state accountability can be increased when it comes to human rights
preservation and protection, and how effective international agreements are in securing the rights
of workers and other people in various corners of the globe. It is such gaps in the literature that
this specific research project seeks to address. It is the aim of this particular research report to
discuss the ways by which international obligations for the protection of human rights can be

24INTERNATIONAL HUMAN RIGHTS LAW
enhanced for states, how international rights treaties can be effectively used to safeguard human
rights and to explain the scope and the purpose of the various international instruments are that
seen to exist in today’s day and age on the subject of human rights.

25INTERNATIONAL HUMAN RIGHTS LAW
2.3. Findings and Discussion
2.3.1. International Laws and Conventions on the Protection of Human Rights
– An Overview
This section will focus on attempting to understand and analyze all the international laws
and conventions on the protection of human rights. The foremost of these is the Universal
Declaration of Human Rights which was adopted at the UN General Assembly in the year of
1948. The UDHR is a non-binding agreement but as such it is a crucial component of customary
international law and its provisions are expected to be taken into consideration by state structures
worldwide.24 This is a document that promotes human rights such as the right to dignity, the right
to free speech, the right to freedom in general, and which is aimed at fostering the promotion of
friendly and cordial relations between nation states. It is based on the notion that human beings
are born free and equal before the law and deserve access to freedom and justice and a dignified
life for as long as they remain on earth. The International Covenant on Civil and Political
Rights which was drawn up and adopted in the year of 1966, recognizes and upholds the political
and civil freedom of human beings including freedom from the feeling of fear and calls on
station states to uphold their obligations by protecting observance of as well as universal
acceptance of human freedoms and human rights.25 The International Covenant on Economic,
Social and Cultural Rights was also adopted in the year of 1966 and it is a multilateral treaty
that recognizes people’s right to the process of self-determination, and their right to pursue their
cultural, economic and social goals, while disposing of and managing their own resources
24
25 'International Covenant On Civil And Political Rights | Equality And Human Rights Commission'
(Equalityhumanrights.com, 2019) <https://www.equalityhumanrights.com/en/our-human-rights-work/monitoring-
and-promoting-un-treaties/international-covenant-civil-and> accessed 24 September 2019.

26INTERNATIONAL HUMAN RIGHTS LAW
successfully at the same given time.26 The UN Convention on Refugees of 1951 outlines the
rules and regulations that are to be adhered to by states when protecting and rehabilitating
asylum seekers, notably, people fleeing persecution and hostility in countries of origin or of
habitual residence.27 This convention is supported by a Protocol of 196728 that removed the
geographical and temporal barriers to the notion or concept of a refugee as contained in the UN
Convention on Refugees of 1951. The Convention on the Reduction of Statelessness which was
first signed in 1954 and then amended in the year of 1961 is a multilateral agreement that
addresses the matter of statelessness, including the ways by which people without citizenship,
who are either awaiting approval of refugee status or who have been branded as illegal migrants,
can be protected and cared for by sovereign authorities and civil society in the country of birth,
habitual residence or asylum.
The Convention on the Elimination of All Forms of Racial Discrimination against
Women is an important international human rights agreement which was adopted by the UN
General Assembly in the year of 1979. The treaty recognizes the right of women to take part in
activities in the public sphere while also focusing on issues such as trafficking, sex-stereotypes
and non-discrimination among other things.29 Another crucial human rights treaty that is worth
mentioning is the UN Convention on Torture adopted in 1984. The aim of this treaty is to
prevent acts of torture taking place in any and every part of the world in addition to other acts
that are inhuman and cruel in nature or which can be considered as degrading punishment or
26 'International Covenant On Economic, Social And Cultural Rights | Equality And Human Rights Commission'
(Equalityhumanrights.com, 2019) <https://www.equalityhumanrights.com/en/our-human-rights-work/monitoring-
and-promoting-un-treaties/international-covenant-economic-social> accessed 24 September 2019.
27 United Refugees, 'The 1951 Refugee Convention' (UNHCR, 2019) <https://www.unhcr.org/1951-refugee-
convention.html> accessed 24 September 2019.
28 United Refugees, 'Convention And Protocol Relating To The Status Of Refugees' (UNHCR, 2019)
<https://www.unhcr.org/protection/basic/3b66c2aa10/convention-protocol-relating-status-refugees.html> accessed
24 September 2019.
29 'OHCHR | Convention On The Elimination Of All Forms Of Discrimination Against Women' (Ohchr.org, 2019)
<https://www.ohchr.org/EN/ProfessionalInterest/Pages/CEDAW.aspx> accessed 24 September 2019.

27INTERNATIONAL HUMAN RIGHTS LAW
treatment of a human being.30 The Convention on the Elimination of All Forms of Racial
Discrimination which came into effect from the year of 1969, aims at the promotion of
understanding and cooperation among various races of the world and the elimination of
discrimination on grounds of race. Parties to this convention are also required to outlaw what
may be termed as hate speech while criminalizing the membership that people subscribe to, of
organizations of a racist character or nature. 31
The Convention on the Rights of the Child is also quite an important human rights treaty
which was formally adopted in the year of 1990 and which sets out the economic, political, civil,
health, cultural as well as the social rights of children.32 A child is defined under this convention
as a human being who is below eighteen years of age, unless age of majority is something that
has been attained earlier on by the individual under the purview of his or her national legislation.
An international human rights treaty was signed in the year of 1990 that aims at protecting
the rights and the dignity of migrant workers as well as the people who can be considered
to be the family members of such migrant workers. It sets a number of minimum standards
for the protection of migrant workers along with their dependent families while preventing the
exploitation of workers from taking place during the process of migration.33 The Convention on
the Right of People to Protection from Enforced Disappearance, is a human rights treaty which
was adopted in the year of 2006 and states no individual in any part of the world will be
subjected to what may be termed as enforced disappearance regardless of whether this is a
person who is facing threat of war, state of war, public emergency or internal political stability
30 'OHCHR | Convention Against Torture' (Ohchr.org, 2019)
<https://www.ohchr.org/EN/ProfessionalInterest/Pages/CAT.aspx> accessed 24 September 2019.
31 'OHCHR | International Convention On The Elimination Of All Forms Of Racial Discrimination' (Ohchr.org,
2019) <https://ohchr.org/EN/ProfessionalInterest/Pages/CERD.aspx> accessed 24 September 2019.
32 H Dean, 'Social And Human Rights' [2019] Handbook of Social Policy and Development.
33 Ibid

28INTERNATIONAL HUMAN RIGHTS LAW
that can otherwise be invoked by law and order authorities as a form of justification for the
occurrence of an enforced disappearance. While it was adopted in 2006, this is a treaty that came
into force from the year of 2010.34 The final international treaty on human rights which is worth
discussing in the context of this study is the UN Convention on the Rights of Disabled Persons.
It came into force in the year of 2007 and requires its parties to protect, promote and ensure
human rights enjoyment by people who are equipped with disabilities, ensuring in the process
that they are subjected to free and equal treatment under the eyes of the law. This particular
human rights treaty has played a crucial role in getting disabled people not be viewed as charity
cases but rather as valuable members of the society in which they live. 35
2.3.2. Institutions for the Protection and Surveillance of Human Rights – An
Overview
The most important institution that has been set up by the UN system for the protection of
human rights and for the surveillance of human rights violation and abuses is the Office of the
High Commissioner of Human Rights. This is a body that offers support as well as expertise to a
number of other mechanisms that are a part of the UN human rights system and which work
towards the goal of uplifting and upholding human rights in the most fulfilling way possible.36
The institutions that work to ensure the protection of human rights and which report to the Office
of the High Commissioner of Human Rights on a regular basis are the Human Right Council,
which was previously known as the Commission on Human Rights, the Committee on the
Elimination of Racial Discrimination, Human Rights Committee, Committee on Social,
34 J Mende, 'The Concept Of Modern Slavery: Definition, Critique And The Human Rights Frame' (2019) 20 Human
Rights Review.
35 'Convention On The Rights Of Persons With Disabilities (CRPD) | United Nations Enable' (Un.org, 2019)
<https://www.un.org/development/desa/disabilities/convention-on-the-rights-of-persons-with-disabilities.html>
accessed 24 September 2019.
36 Paul Gready, 'Reflections On A Human Rights Decade: Near And Far' (2019) 11 Journal of Human Rights
Practice.

29INTERNATIONAL HUMAN RIGHTS LAW
Economic and Cultural Rights, Committee on the Elimination of Discrimination against Women,
Committee on protection of the rights of the child, Committee on the prevention of Torture,
Committee against Torture, Committee on Migrant Workers, Committee on Rights of Persons
with Disabilities and Committee on Enforced Disappearances. These are all charter based and
treaty based bodies and their members are seen to work tirelessly towards the attainment of
human rights goals and objectives. Thus, it can be stated that the UN system has an adequate
mechanism in place, characterized by several sub mechanisms to make sure that the provisions
of all human rights treaties and agreements are being duly upheld by the nations that have signed
and ratified such agreements in both the Global North as well as the Global North, and to make
sure that the treaties and agreements are amended upon expert advice, if at all required.37
2.3.3. Understanding the Effectiveness of International Law on Human Rights
and the Matter of State Accountability
When it comes to assessing the effectiveness of international human rights treaties and
agreements it can be said that this effectiveness can be understood only by looking at how
accountable it is that state governments have been around the world in upholding the various
treaties that they have signed for the protection of human rights. The provisions of the Universal
Declaration of Human Rights of 1948 are binding on all nations of the world. All countries of the
globe are expected to take the provisions of this charter into consideration when looking after
people on its sovereign territory.38 As such, countries of prominence like the USA, the United
Kingdom and Australia as well as countries in the global South such as India all have
constitutional frameworks that have been significantly influenced by the rights and the duties
37 H Dean, 'Social And Human Rights' [2019] Handbook of Social Policy and Development.
38 Paul Gready, 'Reflections On A Human Rights Decade: Near And Far' (2019) 11 Journal of Human Rights
Practice.

30INTERNATIONAL HUMAN RIGHTS LAW
that have been set out in the UDHR. Yet human rights abuses, such as the unlawful and arbitrary
treatment of forced migrants, illegal migrants, victims of trafficking etc. is seen to take place
quite often in all of these countries.39 The United States under the Trump administration has
become notorious for ill-treating asylum seekers as part of its immigration control system which
is already quite vetted and which involves keeping migrants and asylum seekers cooped up in
detention years for several months and years, giving them absolutely no hope whatsoever for a
better tomorrow. The Australian government has gained international attention for mistreating
asylum seekers who arrive on boat and has been sending back people instead of granting them
asylum. It is important to point out in this respect that most of the international human rights
treaties including the Convention on Refugees of 1951, the Protocol of 1967, and the Convention
on the Reduction of Statelessness (1961) and the Convention on Torture have been signed and
ratified by the USA and Australia, yet both countries are seen to repeatedly violate the provisions
contained in these conventions.40 In the context of India, and other countries of South Asia, it can
be said that while none of these countries have signed the UN Refugee Convention of 1951 or its
Protocol of 1967, these are countries which are bound by the provisions of the UDHR and as
such are expected to give human beings on their territory dignity and respect. However this does
not happen.41 The region of South Asia is notorious for the violation of human rights, with rapes,
killings and atrocities being committed against vulnerable populations like border people,
migrants, forced migrants and minorities, sometimes, such killings and atrocities being
sanctioned by state authorities who do not want to be accountable for the wellbeing of such
39 H Dean, 'Social And Human Rights' [2019] Handbook of Social Policy and Development.
40 Paul Gready, 'Reflections On A Human Rights Decade: Near And Far' (2019) 11 Journal of Human Rights
Practice.
41 J Mende, 'The Concept Of Modern Slavery: Definition, Critique And The Human Rights Frame' (2019) 20 Human
Rights Review.

31INTERNATIONAL HUMAN RIGHTS LAW
vulnerable people. India is particularly renowned for pushing people back at the borders, in spite
of being one of the largest refugee receiving and refugee hosting countries in the whole world.42
The rights of women and the rights of children are frequently and regularly violated in
countries of the world that have signed and ratified important human rights treaties such as the
Convention on the Rights of the Child of 1990 and the Convention on the Elimination of All
Forms of Discrimination against Women of 1979. The gender pay gap is yet to be improved
significantly in countries such as the United Kingdom, and the involvement and participation of
women in the public sphere, which is advocated by the Convention on the Elimination of All
Forms of Discrimination against Women, is something that is vehemently objected to by right
wing elements in Australia, the United Kingdom and USA, as well as in nations of the Global
South such as India and Pakistan.43 Women are brutally killed, murdered and abused at worst in
the countries of South Asia in particular and at best are patronized by the nation states of these
countries. 44When it comes to securing the rights of children, it can be said that countries of the
world that have ratified the UN Convention on the Rights of the Child such as India, USA and
the United Kingdom or even Australia are countries where children of forced or illegal migrants
are kept for long hours in detention centers, which at times are far worse than prisons. Child
labor is seen to be in existence in countries of the global South like India, Pakistan and
Bangladesh, something that has been declared as illegal by both the Convention on the Rights of
the Child of 1990 and the International Labor Organization, the apex body on the protection of
labor rights worldwide.45
42 o Mezzarobba and VOD Silveira, 'The Principle Of The Dignity Of Human Person: A Reading Of The
Effectiveness Of Citizenship And Human Rights Through The Challenges Put Forward By Globalization.' (2018) 5
Revista de Investigações Constitucionais,.
43 J Mende, 'The Concept Of Modern Slavery: Definition, Critique And The Human Rights Frame' (2019) 20 Human
Rights Review.
44H Dean, 'Social And Human Rights' [2019] Handbook of Social Policy and Development.
45 Paul Gready, 'Reflections On A Human Rights Decade: Near And Far' (2019) 11 Journal of Human Rights
Practice.

32INTERNATIONAL HUMAN RIGHTS LAW
The rights of disabled people are also under the scanner in both the countries of the
Global North and the Global South. While the countries of the Global North accord some
protection and dignity to the disabled by allowing them to lead a normal life and to use their aids
and support mechanisms to perform their day to day activities alongside regular people, the
countries of the Global South, especially poorer countries like India, Pakistan and Bangladesh
among others, that lack the infrastructure needed to protect the disabled allow the disabled to
have their rights violated on a daily basis.46 Disabled people in such countries are abused and
violated when using public transportation for their daily work and chores and are seldom cared
for in the manner outlined under the provisions of international human rights law. 47
What is clear from all the instances that have been discussed above is the fact that
international human rights law is and can be effective only if states that have signed and ratified
the law, and which are party to the law, fulfill their roles and obligations pertaining to the law. If
state structures decide to violate the provisions of the agreements that they have signed, such as
the USA and Australia in the context of the Refugee Convention among others, and India in the
context of the Convention on the Rights of the Child, among others, over and above the repeated
violations of the provisions of the Torture Convention of 1984, as is seen to take place in all
countries of the world uniformly, then international human rights law fails to be effective.48 The
onus is on the state parties to introduce and adopt the mechanisms necessary for the protection of
human rights, as dictated under international laws on human rights. The first hypothesis can be
said to be true, that international law on human rights is effective for the protection of human
46 J Mende, 'The Concept Of Modern Slavery: Definition, Critique And The Human Rights Frame' (2019) 20 Human
Rights Review.
47 Paul Gready, 'Reflections On A Human Rights Decade: Near And Far' (2019) 11 Journal of Human Rights
Practice.
48 o Mezzarobba and VOD Silveira, 'The Principle Of The Dignity Of Human Person: A Reading Of The
Effectiveness Of Citizenship And Human Rights Through The Challenges Put Forward By Globalization.' (2018) 5
Revista de Investigações Constitucionais,.

33INTERNATIONAL HUMAN RIGHTS LAW
rights only if state parties agree to and implement the tenets of provisions of such laws. The
effectiveness of international human rights law is related entirely to how willing states are to
uphold their international obligations in the domain of human rights, with most states of the
world prioritizing domestic or regional law over the implementation of international law, as seen
to be the case in the USA, Australia, and the South Asian countries like India, Pakistan and
Bangladesh. 49
What has been discussed above is something that highlights the importance of the matter
of state accountability for the protection and preservation of human rights. States of the globe
need to be made more accountable for upholding international treaty obligations and only then
can international human rights treaties appear to be more effective than what they are seen to be
in the present. International law is something that is independently adjudicated and there is no
mechanism that enforces or makes mandatory the enforcement of international law in domestic
territory. It is the duty and the responsibility of the UN system and other human rights bodies
like Amnesty International to press upon states the importance of upholding their international
obligations in the domain of human rights, for harmony and happiness in international affairs and
for the adequate preservation and protection of human rights and human dignity to be ensured.50
Conclusion
Thus, this project concludes on the note that international human rights law can be
deemed to be effective in the protection and promotion of human rights only and only if the
states that are party to international treaties and agreements agree to uphold all of the provisions
that are contained in such agreements. States need to act responsible when it comes to protecting
49 D Sicurelli, 'The Conditions For Effectiveness Of EU Human Rights Promotion In Non-Democratic States. A
Case Study Of Vietnam' (2017) 39 Journal of European Integration.
50 Von Stein, 'Making Promises, Keeping Promises: Democracy, Ratification And Compliance In International
Human Rights Law' (2016) 6 British Journal of Political Science.

34INTERNATIONAL HUMAN RIGHTS LAW
human rights and human dignity and in the event that they are not, it is the duty of human rights
organizations like Amnesty International and the United Nations Organization to engage in talks
with nations and impose procedures of action, to ensure that the rights of human being in these
countries is not something that is violated. A proactive role thus must be played on the part of
UN bodies in ensuring that human rights treaties and agreements are not violated and in the case
that violation occurs, intervention must be undertaken on the part of these bodies and efforts
have to be made to blacklist the countries that are engaging in human rights violations. States
need to be made to uphold their international obligations with respect to human rights else the
effectiveness of international human rights treaties in securing and protecting the dignity and
rights of a human being will forever be questioned.

35INTERNATIONAL HUMAN RIGHTS LAW
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