Human Rights & Constitutional laws in International Scenario
Keywords:
Human rights, Constitutional laws, International scenario, Fundamental rightsAbstract
Human rights and constitutional law provide a universal framework for the defense of basic freedoms and rights. International organizations, international treaties, and national constitutions have all codified these values to guarantee that all individuals, regardless of race, religion, gender, sexual orientation, or disability, are treated with dignity and fairness. The Universal Declaration of Human Rights (UDHR) was adopted in 1948 by the General Assembly of the United Nations to serve as the foundation for international protection of human rights. The UDHR serves as a cornerstone upon which to construct other seminal human rights documents including the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social, and Cultural Rights. Human rights are protected and upheld by the constitutions of individual nations. Individual rights and responsibilities, the nature and limits of government power, and protections for human rights are all laid forth in these statutes, which are often inspired by international human rights accords. Constitutional law must interact with human rights laws from throughout the world. Human rights accords at the international level provide a model for national constitutions to protect basic human rights. Legal authorities, including constitutional courts, make sure the law is obeyed and enforced. Numerous nations have raised issues related to freedom of expression, assembly, and association; the rights of vulnerable and marginalized groups; the right to privacy; and the rule of law during the last few years. Human rights breaches and possible solutions are monitored by treaty organizations and special rapporteurs.
References
In Larger Freedom: Towards Development, Security and Human Rights for All, Report of the Secretary-General, UN Doc A/49/2005, 21 March 2005.
UN Doc. A/RES/60/251 (para 13), 3 April 2006, recommending to the Economic and Social Council to abolish the Commission on Human Rights on 16 June 2006.
James Katabazi and Others v Secretary-General of the EAC and Attorney-General of Uganda, Reference 1 of 2007, East African Court of Justice, 1 November 2007.
Mike Campbell (Pvt) Limited and Others v Republic of Zimbabwe, Case SADCT 2/07, SADC Tribunal, 28 November 2008.
Saumendra Das and N.Saibabu (2014), Indian Constitution: An Analysis of the Fundamental Rights and the Directive Principles, ARS – Journal of Applied Research and Social Sciences, Vol.1, Issue.17, December 2014, ISSN 2350-1472″.
Dr. Anant Kalse (2016), A brief lecture on Human Rights in the Constitution of India, available at: http://mls.org.in/books/H-2537%20Human%20Rights%20in.pdf.’
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Almost as familiar is the fact that the seminal work here was done by Joseph Weiler: see, e.g., Weiler, ‘The Transformation of Europe’, 100 Yale LJ(1991) 2403.
ECHR, Art. 13.
Variations include incorporating the ECHR as having higher status than the constitution (Holland), equal status to the constitution (Austria), below the constitution but above statutes, equal status to statutes (Germany).
In the UK, s. 2 of the Human Rights Act requires British judges to ‘take into account’ ECtHR interpretations; in Germany, a similar duty was imposed on lower courts by the federal constitutional court. See Görgülü v. Germany, 2 BVG (2004) 1481.
American Convention on Human Rights, Art. 2.
Case 26/62, Van Gend en Loos v. Nederlandse Administratie der Belastigen [1963] ECR 1, at para. 12.
Bryde, ‘International Democratic Constitutionalism’, in R. St J. MacDonald and D.M. Johnston (eds), Towards World Constitutionalism (2005), at 106.
See Fassbender, ‘The United Nations Charter as Constitution of the International Community’, 36 Columbia J Transnat’l L (1998) 529.
Weiler, ‘The Geology of International Law – Governance, Democracy and Legitimacy’, 64 ZAÖRV (2004) 547, at 558.
By the ‘full panoply of human rights’, I mean that no type or category of human right should be excluded. Clearly, given the variety and range of human rights, certain particular ones are not plausibly applicable or transferable to international organizations.
See Neuman, supra note 10, at 1863.
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