Rule of Law and Human Rights (original) (raw)

Human Rights and Rule of Law: What's the Relationship?

Bepress Legal Series, 2004

Rule of law in some form may be traced back to Aristotle, and has been championed by Roman jurists, medieval natural law thinkers, Enlightenment philosophers such as Hobbes, Locke, Rousseau, Montesquieu and the American founders, by German philosophers Kant, Hegel, and the nineteenth century advocates of the rechtsstaat, and in this century by such ideologically diverse figures as Hayek, Rawls, Scalia, Jiang Zemin and Lee Kuan Yew. 2 Until recently, however, the human rights movement paid relatively little attention to the relationship between rule of law and human rights. 3 The Universal Declaration of Human Rights mentions rule of law only in passing in the preamble, suggesting in typically cryptic fashion that "human rights should be protected by the rule of law." 4 Neither the ICCPR nor ICESCR, the other two main pillars of the "international bill of rights," mentions rule of law. 5 Nor do most other early rights treaties, general assembly statements or committee reports or comments appeal to rule of law. In contrast, references to rule of law now regularly appear in general assembly resolutions, committee reports, regional workshop platforms and other human rights instruments. 6

Rule of Law and Human Rights: Analysis of International Standards and Case Law

Perspectives of Law and Public Administration, 2024

The EU's human rights policies and actions have two main components: protecting the fundamental rights of EU citizens and promoting human rights around the world. One of the aspects that the UN focuses on is the relationship between democracy and human rights, as the organisation upholds the importance of equal political participation of citizens of its states and full respect for human rights, including the recognition, protection and promotion. As defined by the United Nations International Children's Emergency Fund (UNICEF), human rights are norms that recognise and protect the dignity of all people, meaning they apply to everyone, without distinction of race, gender, education, political opinion, sexual orientation or any other type of moral judgement. The realisation of human rights also obliges states to be responsible for protecting these norms and prohibits certain acts that violate them. Human rights can be said to be one of the greatest achievements of mankind. One of the most important human rights documents is the Universal Declaration of Human Rights, signed in 1948 at the UN General Assembly. Consisting of 30 articles, the Declaration formalises all the theoretical developments made earlier on civil, political, social, economic and cultural rights. Another innovation of the Declaration was the inclusion of human rights in the universal character, becoming the rights of all peoples. Thus, for the UN, human rights "are universal legal guarantees that protect individuals and groups from acts and omissions by governments that violate human dignity" 3. Human rights are fundamental and therefore inalienable human rights, i.e. those rights whose violation would lead to an attack on the very essence of humanity. For this reason, it is important that everyone is aware of and knows about human rights, their content and the forms of protection provided for them, as everyone should be able to enjoy their fundamental rights for the sole purpose of living in peace, without distinction. Human rights, democracy and the rule of law create an environment in which countries can promote development, protect people from discrimination and ensure equal access to justice for all.

Rule of Law and Its Guidelines and Indicators for Judiciary in Human Rights Issues

Journal of Politics and Law, 2016

The rule of law is one of the very polemical and controversial concepts in the field of public law and political thoughts. This concept has been acclaimed in both international and domestic level and can be observed in the practice of the United Nations and many of states practically. In the light of the principle of the rule of law at the meantime ruling by law can be strengthened and also security and peace, development, democracy and human rights can be protected and promoted. The rule of law and human rights as two concepts with mutually interacting to each other has noteworthy great importance. An independent and impartial judiciary such as linkage has an important role in strengthening both of them.Human rights, separation of powers and judicial independence are regarded as some basis of the rule of law and as well as its consequence. Thus, in this regard rule of law has p very guidelines and indicators which some of them related to the judicial systems of states. In the light...

A legal approach to human rights

Applied human rights

1.1 Introduction 1.2 The structure of this book 1.3 Building bridges and inclusive authorship References 2. A legal approach to human rights Bernd van der Meulen Abstract Key concepts 2.1 Introduction 2.2 On the plural nature of human rights 2.3 Working with law 2.4 Rules and rights 2.5 Establishing the situation 2.6 Classification of facts 2.7 Establishing the law 2.8 Other issues 2.9 The structure of human rights 2.10 Get up, stand up References Legal documents

On the definition, Content, and Essence of the Term “human rights”

Krytyka Prawa, 2022

The ambiguity of understanding and use of the term "human rights" reduces the effectiveness of the law-making and law enforcement activities of state and international bodies, creates negative conditions for the formation of the unified worldview and legal position of future lawyers and representatives of other humanities. This article aims to define, formulate the content and describe the legal essence of the term "human rights," and to substantiate the thesis about the harmfulness of the legal science, law-making and law enforcement use of this term with different meanings. The leading method of research is the method of analysis, which allows one to study the subject, imaginatively dividing it into constituent elements, and to consider each of the selected elements separately within a single whole. This article presents the argumentation of the need for a single wording, understand

Law and Human Rights

2021

The overarching ambit of law today encompasses not only the custodian of protecting the fundamental rights of individuals but also the right to live with dignity. This dignity comes not only from ascribed rights that an individual is entitled to, but also with a right to fair survival. The current pandemic has shown not only how a microscopic virus can drive people out of employment and how environment is a supremely important factor to our survival. While health is both a duty and a right so is the Environment. Social Justice is not simply an aim of the legal system, but also a framework and fabric on which civilization is sustained. In this sense, human rights, or rather fundamental rights include more than the rights at the personal level, to even extend to those that come with a greater application. Chiefly this resides with the environment where a person is expected to live-not simply a place but a habitable safe and secure place, and with it comes the obligation to keep it protected and preserve it too. Hence the growing environmental and health concerns are equally significant domains covered under human rights. Researchers have attempted to bring a nexus between the rights and the situations that monitor rights through this paper.