CLAT PG Exam > CLAT PG Notes > Public International Law > Cheat Sheet: International Human Rights Law
Cheat Sheet: International Human Rights Law
1. Foundation and Sources
1.1 Key Instruments
| Instrument | Details |
|---|---|
| Universal Declaration of Human Rights (UDHR) | Adopted by UN General Assembly on 10 December 1948; non-binding but customary international law; 30 articles covering civil, political, economic, social, cultural rights |
| International Covenant on Civil and Political Rights (ICCPR) | Adopted 1966, entered into force 1976; 53 articles; binding treaty; monitored by Human Rights Committee; Optional Protocols for individual complaints and abolition of death penalty |
| International Covenant on Economic, Social and Cultural Rights (ICESCR) | Adopted 1966, entered into force 1976; 31 articles; progressive realization of rights; monitored by Committee on Economic, Social and Cultural Rights |
| Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) | Adopted 1979, entered into force 1981; 30 articles; monitored by CEDAW Committee |
| Convention Against Torture (CAT) | Adopted 1984, entered into force 1987; defines torture; absolute prohibition; monitored by Committee Against Torture |
| Convention on the Rights of the Child (CRC) | Adopted 1989, entered into force 1990; most ratified treaty; 54 articles; defines child as person below 18 years |
| International Convention on the Elimination of All Forms of Racial Discrimination (ICERD) | Adopted 1965, entered into force 1969; first comprehensive human rights treaty; monitored by CERD Committee |
1.2 Sources of International Human Rights Law
- Treaties and conventions (primary binding source)
- Customary international law (prohibition of torture, slavery, genocide, racial discrimination)
- General principles of law recognized by civilized nations
- Judicial decisions and teachings of publicists (subsidiary means)
- Soft law instruments (declarations, resolutions, guidelines)
- Jus cogens norms (peremptory norms from which no derogation permitted)
2. Categories of Human Rights
2.1 Civil and Political Rights
| Right | Key Elements |
|---|---|
| Right to Life | Article 6 ICCPR; non-derogable; includes abolition movement for death penalty; prohibits arbitrary deprivation |
| Prohibition of Torture | Article 7 ICCPR; absolute prohibition; non-derogable; jus cogens; includes cruel, inhuman, degrading treatment |
| Prohibition of Slavery | Article 8 ICCPR; non-derogable; jus cogens; includes servitude, forced labor |
| Right to Liberty and Security | Article 9 ICCPR; prohibits arbitrary arrest/detention; requires legal basis; habeas corpus |
| Fair Trial Rights | Article 14 ICCPR; independent tribunal; presumption of innocence; legal assistance; public hearing |
| Freedom of Expression | Article 19 ICCPR; includes freedom to seek, receive, impart information; subject to restrictions for national security, public order, public health/morals |
| Freedom of Religion | Article 18 ICCPR; includes thought, conscience; freedom to manifest religion; non-derogable core |
| Right to Privacy | Article 17 ICCPR; prohibits arbitrary interference with privacy, family, home, correspondence |
2.2 Economic, Social and Cultural Rights
| Right | Key Elements |
|---|---|
| Right to Work | Article 6 ICESCR; includes free choice of employment; just and favorable conditions; protection against unemployment |
| Right to Education | Article 13 ICESCR; primary education compulsory and free; secondary and higher education progressively free; aims at full development of human personality |
| Right to Health | Article 12 ICESCR; highest attainable standard of physical and mental health; includes access to healthcare facilities |
| Right to Adequate Standard of Living | Article 11 ICESCR; includes adequate food, clothing, housing; continuous improvement of living conditions |
| Right to Social Security | Article 9 ICESCR; includes social insurance |
| Cultural Rights | Article 15 ICESCR; right to participate in cultural life; enjoy benefits of scientific progress; protection of intellectual property |
2.3 Collective/Solidarity Rights
- Right to self-determination (Article 1 ICCPR and ICESCR; both covenants)
- Right to development (UN Declaration 1986)
- Right to peace
- Right to clean environment
- Right to natural resources
3. State Obligations and Implementation
3.1 Nature of State Obligations
| Obligation | Description |
|---|---|
| Obligation to Respect | Negative obligation; state must refrain from interfering with enjoyment of rights |
| Obligation to Protect | State must prevent violations by third parties (non-state actors) |
| Obligation to Fulfill | Positive obligation; state must take legislative, administrative, budgetary, judicial measures to realize rights |
| Progressive Realization | Applies to ICESCR rights; states must take steps to maximum of available resources; no retrogression without justification |
| Immediate Obligations | Non-discrimination; taking steps toward realization; minimum core obligations |
3.2 Treaty Monitoring Bodies
| Committee | Function |
|---|---|
| Human Rights Committee | Monitors ICCPR; examines state reports; individual communications under Optional Protocol 1; inter-state complaints |
| Committee on Economic, Social and Cultural Rights | Monitors ICESCR; examines state reports; issues General Comments; individual communications under Optional Protocol |
| Committee Against Torture | Monitors CAT; examines state reports; individual complaints; inquiry procedure; visits under Optional Protocol |
| CEDAW Committee | Monitors CEDAW; examines state reports; individual communications and inquiry under Optional Protocol |
| Committee on the Rights of the Child | Monitors CRC; examines state reports; individual communications under Optional Protocol |
| CERD Committee | Monitors ICERD; examines state reports; individual communications; early warning and urgent action procedures |
3.3 Reporting Procedures
- State parties submit periodic reports (initial report + periodic reports every 4-5 years)
- Committee reviews report with state delegation (constructive dialogue)
- Committee issues Concluding Observations with recommendations
- Shadow/alternative reports by NGOs and NHRIs
- Follow-up procedure for priority recommendations
4. UN Human Rights Mechanisms
4.1 Charter-Based Mechanisms
| Mechanism | Details |
|---|---|
| Human Rights Council | Established 2006 replacing Commission on Human Rights; 47 members elected by General Assembly; based in Geneva |
| Universal Periodic Review (UPR) | Reviews human rights record of all 193 UN member states every 4-5 years; three documents: state report, compilation by OHCHR, stakeholder information |
| Special Procedures | Independent experts (Special Rapporteurs, Independent Experts, Working Groups); thematic or country mandates; conduct country visits; receive complaints; issue reports |
| Complaint Procedure | 1503 procedure; confidential; addresses consistent patterns of gross violations; filters through Working Groups |
4.2 Office of the High Commissioner for Human Rights (OHCHR)
- Established 1993; principal UN human rights office
- Coordinates UN human rights activities
- Provides technical assistance to states
- Supports treaty bodies and special procedures
- Undertakes field operations and country offices
5. Regional Human Rights Systems
5.1 European System
| Component | Details |
|---|---|
| European Convention on Human Rights (ECHR) | Adopted 1950; 47 state parties (Council of Europe members); civil and political rights focus |
| European Court of Human Rights | Established 1959; based in Strasbourg; individual applications after exhaustion of domestic remedies; judgments binding; supervised by Committee of Ministers |
| European Social Charter | Adopted 1961, revised 1996; economic and social rights; collective complaints procedure |
5.2 Inter-American System
| Component | Details |
|---|---|
| American Convention on Human Rights | Adopted 1969, entered into force 1978; 25 state parties; Organization of American States (OAS) |
| Inter-American Commission on Human Rights | Established 1959; examines petitions; conducts country visits; issues reports; can refer cases to Court |
| Inter-American Court of Human Rights | Established 1979; based in San José, Costa Rica; contentious jurisdiction (22 acceptances); advisory jurisdiction; reparations |
5.3 African System
| Component | Details |
|---|---|
| African Charter on Human and Peoples' Rights | Adopted 1981, entered into force 1986; includes peoples' rights; duties alongside rights; African Union |
| African Commission on Human and Peoples' Rights | Established 1987; based in Banjul, Gambia; examines state reports; communications; promotional mandate |
| African Court on Human and Peoples' Rights | Established 2006; based in Arusha, Tanzania; contentious and advisory jurisdiction; merged with Court of Justice |
5.4 Asian System
- No comprehensive regional human rights treaty or court
- ASEAN Intergovernmental Commission on Human Rights (AICHR) - established 2009; promotional mandate
- SAARC mechanisms - limited human rights focus
- Arab Charter on Human Rights - adopted 2004, entered into force 2008; Arab League; Arab Human Rights Committee
6. Special Protection Regimes
6.1 Refugees and Asylum
| Element | Details |
|---|---|
| 1951 Refugee Convention | Defines refugee as person with well-founded fear of persecution based on race, religion, nationality, political opinion, membership of particular social group; 1967 Protocol removed temporal and geographical limitations |
| Principle of Non-Refoulement | Article 33; prohibition of return to territory where life/freedom threatened; customary international law; non-derogable |
| UNHCR | UN High Commissioner for Refugees; established 1950; protection and assistance mandate; supervises Refugee Convention implementation |
6.2 Women's Rights
- CEDAW defines discrimination against women; requires states to eliminate discrimination in all spheres
- Articles cover political rights, nationality, education, employment, health, marriage and family
- General Recommendation 19 on violence against women
- Beijing Declaration and Platform for Action 1995
- UN Security Council Resolution 1325 on Women, Peace and Security
6.3 Children's Rights
| Principle | Details |
|---|---|
| Best Interests of the Child | Article 3 CRC; primary consideration in all actions concerning children |
| Non-Discrimination | Article 2 CRC; rights apply to all children without discrimination |
| Right to Life, Survival and Development | Article 6 CRC; maximum extent possible |
| Respect for Views of the Child | Article 12 CRC; right to be heard in proceedings affecting child |
- Optional Protocol on involvement of children in armed conflict
- Optional Protocol on sale of children, child prostitution and child pornography
- Optional Protocol on communications procedure
6.4 Minorities and Indigenous Peoples
| Instrument | Details |
|---|---|
| Article 27 ICCPR | Rights of ethnic, religious, linguistic minorities to enjoy culture, profess religion, use language |
| UN Declaration on Minorities | Adopted 1992; right to participate in decisions affecting them |
| ILO Convention 169 | Indigenous and Tribal Peoples Convention 1989; binding treaty; consultation and participation rights |
| UN Declaration on Rights of Indigenous Peoples | Adopted 2007; right to self-determination; free, prior and informed consent; land and resource rights |
6.5 Persons with Disabilities
- Convention on the Rights of Persons with Disabilities (CRPD) - adopted 2006, entered into force 2008
- Paradigm shift from medical to social model
- Principles: respect for dignity, non-discrimination, full participation, accessibility
- Reasonable accommodation requirement
- Article 12 - equal recognition before law; legal capacity
- Committee on the Rights of Persons with Disabilities monitors implementation
7. Limitations and Derogations
7.1 Limitations on Rights
| Concept | Details |
|---|---|
| Permissible Limitations | Must be prescribed by law; pursue legitimate aim (national security, public order, public health/morals, rights of others); necessary in democratic society; proportionate |
| Three-Part Test | 1) Provided by law; 2) Legitimate aim; 3) Necessary and proportionate |
| Margin of Appreciation | Discretion given to states in applying Convention; varies by right and context; developed by European Court |
7.2 Derogations
| Element | Details |
|---|---|
| Article 4 ICCPR | Derogation permitted in time of public emergency threatening life of nation; measures must be strictly required; must not be inconsistent with other international law obligations |
| Non-Derogable Rights | Article 4(2) ICCPR: right to life, freedom from torture, slavery, imprisonment for debt, retroactive criminal law, right to recognition as person, freedom of thought/conscience/religion |
| Notification Requirement | State must inform UN Secretary-General of derogation, provisions derogated from, reasons |
| Proportionality | Measures must be proportionate to emergency; temporal limitation; safeguard against abuse |
8. Remedies and Enforcement
8.1 Individual Complaints Procedures
| Requirement | Details |
|---|---|
| Exhaustion of Domestic Remedies | Must exhaust available and effective domestic remedies before international complaint; exceptions: undue delay, no prospect of success |
| Victim Requirement | Complainant must be victim of violation; can be potential victim; representatives can submit on behalf |
| Temporal Jurisdiction | Violation must occur after treaty entered into force for state; continuing violations exception |
| Ratione Materiae | Complaint must concern rights protected by treaty |
| Admissibility | Not anonymous; not abuse of right; not same matter before another international body; not manifestly ill-founded |
8.2 Remedies
- Restitution (restoration to original position)
- Compensation (monetary damages for pecuniary and non-pecuniary harm)
- Rehabilitation (medical, psychological care)
- Satisfaction (apology, acknowledgment, guarantee of non-repetition)
- Guarantees of non-repetition (legislative, administrative reforms)
- Views/decisions of treaty bodies not formally binding but authoritative interpretations
- Regional court judgments binding and enforceable
8.3 Enforcement Challenges
- No compulsory jurisdiction over states without consent
- Reliance on state cooperation and good faith implementation
- Political will and resource constraints
- Lack of enforcement mechanisms for treaty body decisions
- Regional court supervision mechanisms (Committee of Ministers for ECHR)
9. International Humanitarian Law Interface
9.1 Relationship with IHL
| Aspect | Details |
|---|---|
| Applicability | Human rights law applies at all times (peace and armed conflict); IHL applies in armed conflict; both can apply simultaneously (lex specialis principle) |
| ICJ Nuclear Weapons Advisory Opinion | Right to life does not cease in armed conflict; determined by lex specialis (IHL) in hostilities |
| Derogation vs. IHL | States can derogate from some human rights in emergency but must comply with IHL in armed conflict |
| Non-Derogable Core | Overlap: prohibition of torture, arbitrary killing, slavery continue even in armed conflict |
9.2 Armed Conflict Protections
- Geneva Conventions 1949 and Additional Protocols apply in armed conflicts
- Common Article 3 (non-international armed conflicts) - minimum protections overlap with human rights
- Prohibition of torture, cruel treatment, outrages upon personal dignity
- Fair trial guarantees for criminal prosecutions
- Human rights treaties continue to bind states during occupation
10. Contemporary Issues
10.1 Terrorism and Human Rights
- Balance between security measures and human rights protection
- Prohibition of torture absolute - no exception for terrorism (A and Others v. UK)
- Fair trial rights must be maintained
- Prolonged detention without trial violates Article 9 ICCPR
- UN Global Counter-Terrorism Strategy emphasizes human rights compliance
- Special Rapporteur on promotion and protection of human rights while countering terrorism
10.2 Business and Human Rights
| Element | Details |
|---|---|
| UN Guiding Principles | Endorsed 2011; three pillars: state duty to protect, corporate responsibility to respect, access to remedy |
| State Duty | Protect against human rights abuses by third parties including business; through regulation, policy, adjudication |
| Corporate Responsibility | Respect human rights; avoid causing or contributing to adverse impacts; due diligence; remediate impacts |
| Access to Remedy | Judicial mechanisms, state-based non-judicial mechanisms, operational-level grievance mechanisms |
10.3 Digital Rights
- Right to privacy in digital age - mass surveillance concerns
- Freedom of expression online - same rights online as offline (UN Resolution 2012)
- Access to internet as human right - Special Rapporteur reports
- Data protection and personal information
- Arbitrary or unlawful interference with privacy violates Article 17 ICCPR
10.4 Climate Change and Human Rights
- Human Rights Council Resolution 2008 recognizing climate change implications for human rights
- Impacts on rights to life, health, food, water, housing
- Special Rapporteur on human rights and environment
- State obligations include mitigation, adaptation, procedural rights (information, participation)
- Climate migrants and displacement concerns
- Paris Agreement 2015 preamble recognizes human rights obligations
11. Key Principles
11.1 Fundamental Principles
| Principle | Description |
|---|---|
| Universality | Human rights belong to all human beings regardless of status; UDHR affirms universal character |
| Inalienability | Cannot be taken away except in specific situations according to due process |
| Indivisibility | Civil, political, economic, social, cultural rights equally important; cannot be separated |
| Interdependence | Fulfillment of one right depends on fulfillment of others |
| Non-Discrimination and Equality | Rights apply without distinction of race, color, sex, language, religion, political opinion, national/social origin, property, birth, other status |
11.2 Equality and Non-Discrimination
| Concept | Details |
|---|---|
| Formal Equality | Equal treatment under law; same rules apply to all |
| Substantive Equality | Equal outcomes; addresses structural disadvantage; affirmative action permitted |
| Direct Discrimination | Differential treatment based on protected ground |
| Indirect Discrimination | Neutral rule with disproportionate impact on protected group |
| Intersectional Discrimination | Discrimination based on multiple grounds simultaneously |
12. Important Cases and Jurisprudence
12.1 International Court of Justice
| Case | Significance |
|---|---|
| Barcelona Traction (1970) | Introduced concept of erga omnes obligations; human rights violations concern all states |
| Nicaragua v. USA (1986) | Human rights violations in armed conflict; applicability of human rights law and IHL |
| Wall Advisory Opinion (2004) | Human rights law applies in occupied territory; self-determination; proportionality |
| Genocide Convention (Bosnia) (2007) | State responsibility for genocide; duty to prevent; effective control test |
12.2 Human Rights Committee Views
| Case | Principle |
|---|---|
| Toonen v. Australia | Sexual orientation discrimination; privacy rights; criminalization of homosexuality violates ICCPR |
| General Comment No. 31 | Nature of general legal obligation; state responsibility for private actors; effective remedies |
| Concluding Observations | Authoritative interpretation of obligations; recommendations for compliance |
12.3 European Court of Human Rights
| Case | Principle |
|---|---|
| Soering v. UK (1989) | Extradition to face death penalty may violate Article 3; real risk test |
| Chahal v. UK (1996) | Absolute prohibition of torture; no balancing with national security |
| Osman v. UK (1998) | Positive obligation to protect life; operational duty when authorities knew or ought to have known of real and immediate risk |
| Pretty v. UK (2002) | Right to life does not include right to die; prohibition of inhuman treatment |
| A and Others v. UK (2009) | Indefinite detention of terrorism suspects without charge violates Article 5; proportionality |
13. India and International Human Rights Law
13.1 Constitutional Provisions
- Fundamental Rights (Part III) align with international human rights standards
- Article 21 (right to life and personal liberty) - expansive interpretation includes dignity
- Article 14 (equality before law) corresponds to non-discrimination principle
- Article 51(c) - Directive Principle directs state to foster respect for international law and treaty obligations
13.2 Treaty Status
| Treaty | Status |
|---|---|
| ICCPR | Ratified 1979; no Optional Protocol acceptance for individual complaints |
| ICESCR | Ratified 1979 |
| CEDAW | Ratified 1993; reservations to Articles 5(a), 16(1), 16(2) withdrawn 2014 |
| CRC | Ratified 1992 |
| ICERD | Ratified 1968 |
| CAT | Not ratified; signed but not ratified |
13.3 Domestic Application
- Dualist approach - treaties require domestic legislation for enforcement
- Supreme Court uses international law for interpretation of fundamental rights
- Vishaka v. State of Rajasthan (1997) - applied CEDAW to formulate guidelines on sexual harassment
- Jolly George Varghese (1980) - incorporated Article 11 ICCPR (no imprisonment for debt)
- National Human Rights Commission established 1993 under Protection of Human Rights Act
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