International Human Rights Law: Treaties and Obligations
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1. Realization of the Right to Health (ICESCR Article 12)
- Reduce infant mortality and ensure healthy child development.
- Improve environmental and industrial hygiene.
- Prevent, treat, and control epidemic, endemic, occupational, and other diseases.
- Create conditions to ensure access to health care for all.
2. Equality Before the Law
The statement "All individuals are equal before the law, without distinction between the ruler and the ruled" is found in CDHRI Article 19.
3. Right to Equality (ICESCR Article 14)
- The right to equality before the law.
- The right to be presumed innocent until proven guilty.
- The right to a fair and public hearing by an impartial tribunal.
4. UN Conventions and Legal Obligations
The UN introduced conventions and treaties with the aim of protecting human rights and achieving justice and peace in the world.
- Signing: Does not create a binding legal obligation but demonstrates a state's intent to examine the treaty and consider ratification.
- Ratification: Signifies an agreement to be legally bound by the terms of the convention.
- Bahrain: Joined CEDAW in 2002 and the CRC in 1992.
5. State Obligations Upon Ratification
When a nation ratifies a treaty, it undertakes:
- Negative obligations: To refrain from actions that violate human rights.
- Positive obligations: To take affirmative actions to guarantee that human rights are protected.
6. Comparison: Islamic vs. Western Human Rights
| Feature | Islamic Human Rights | Western Human Rights |
|---|---|---|
| Origin | Divine (God) | Human-made |
| Flexibility | Cannot be modified | Can be modified |
| History | 7th Century | 17th Century |
| Governance | No governing body | Governed by international bodies |
| Scope | Daily activities | Detailed, treaty-based mechanisms |
7. CDHRI Limitations
The main negatives of the CDHRI are that it is not binding, lacks a governing body, and cannot be enforced.
8. UN Human Rights Bodies
Charter-Based Bodies
- Human Rights Council
- Special Procedures of the Human Rights Council
- Human Rights Council Complaint Procedures
Treaty-Based Bodies
- CEDAW Committee
- Human Rights Committee
- Committee on Economic, Social and Cultural Rights (CESCR)
- Committee on the Rights of the Child (CRC)
9. Charter vs. Treaty Bodies
- Basis: Charter bodies are based on the UN Charter; treaty bodies are based on specific treaties.
- Membership: Charter bodies apply to all UN members; treaty bodies apply only to state parties.
- Scope: Charter bodies are general and broad; treaty bodies are specific and narrower.