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What is Human Rights Law?

Human rights are the basic rights and freedoms that belong to every person in the world, from birth until
death. They apply regardless of race, belief and status.
They can never be taken away, although they can sometimes be restricted – for example if a person breaks
the law, or in the interests of national security.
These include civil and political rights.
International Human Rights Law
International human rights law (IHRL) is the body of international law designed to promote human
rights on social, regional, and domestic levels. They are primarily made up of treaties, agreements
between sovereign states intended to have binding legal effect between the parties that have agreed to them;
and customary international law.
United Nations Declaration of Human Rights/Universal Declaration of Human Rights
It is an international document containing 30 articles that state the basic rights and fundamental freedoms
that every human being is entitled to. Although they are not legally binding, some countries have invoked the
declaration and it has become a part of customary international law. It was proclaimed by the UN General
Assembly in Paris as a common standard of achievement for all peoples and nations. It sets out fundamental
human rights to be universally protected.
International Covenant on Civil and Political Rights
It is a multilateral treaty which is part of the international Bill of Human Rights. It contains a preamble
and 35 articles, divided into six parts.
ICCPR rights are fundamental to enabling people to enjoy a broad range of human rights, including those
relating to:

 freedom from torture and other cruel, inhuman or degrading treatment or punishment
 freedom from slavery and forced labour
 arrest, detention and imprisonment
 movement into, within and out of a state
 treatment by the judicial process
 privacy, home and family life
 freedom of thought, religion and expression
 peaceful assembly
 freedom of association, including through trade unions
 marriage and the rights of children
 political participation, and
 equality and non-discrimination.

International Covenant on Economic, Social and Cultural Rights


It commits its parties to work toward the granting of economic, social, and cultural rights (ESCR) to
the Non-Self-Governing and Trust Territories and individuals, including labour rightsand the right to health,
the right to education, and the right to an adequate standard of living. It has a preamble and 31 articles, divided
into 5 parts.
It states Labor rights, right to social security, right to family life, right to an adequate standard of living,
right to health, free education and participation a cultural life.
What is Humanitarian Law? “law of war or law of armed conflict”
It is a law that regulates the conduct of war or limits the effect of armed conflict.
It mainly aims at protecting persons, minimizing destruction, loss of life, and unnecessary human suffering
in armed conflicts. It also defines the conduct and responsibilities of hostile nations, neutral nations, and
individuals engaged in warfare.

Humanitarian law is generally based upon the Geneva Conventions. International humanitarian law
applies only to armed conflict; it does not cover internal tensions or disturbances such as isolated acts of violence.
The law applies only once a conflict has begun, and then equally to all sides regardless of who started the fighting.
International humanitarian law covers two areas: a. the protection of those who are not, or no longer,
taking part in fighting; and b. restrictions on the means of warfare – in particular weapons – and the methods of
warfare, such as military tactics.

Differentiate from Human rights Law


While IHL applies exclusively in armed conflict, human rights law applies, in principle, at all times, i.e.
in peacetime and during armed conflict.
Unlike IHL, Human Rights Law does not distinguish between combatants and civilians or provide for
categories of 'protected person'.
HL deals with many issues that are outside the purview of human rights law, such as the status of
'combatants' and 'prisoners of war', the protection of the red cross and red crescent emblems and the legality of
specific kinds of weapon. Similarly, human rights law deals with aspects of life that are not regulated by IHL,
such as the freedom of the press, the right to assembly, to vote, to strike, and other matters.
Different Conventions and International Laws

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