Existence of international human Rights and International law are made through
agreements. This research survey intense determination of International Human
Treaties on Domestic Law. It traverse how these International Human Rights
treaties consist Universal Declaration along with International agreements which
includes countries economic and social affairs along with cultural and customary
Essentials.
This research and study conclude that there are both negative and
positive consequences of International Human rights treaties on domestic law. If
treaties apply positively with prior implications and searching effect of that
treaties on that Countries local law. But there are some positive effect also
these are formed for protecting human rights and preventing peoples Rights like
freedom of life, personal liberty, speech etc. The main motive behind this
Research is to examine the significance of Human dignity and Justice globally.
Introduction:
International human rights law specifies the duties which the states have to
respect. Some of the main requirements accepted by states are: to treat their
citizens well, to protect them, and also to provide them with desirable human
rights. Human rights, as rights belonging to human beings just because they are
human beings, exist without concerning oneself with race, sex, nationality,
ethnic background, language, religion, and many other issues. Human rights
include the right to life and liberty, freedom from slavery and torture, freedom
of opinion and expression, the right to work and education, and many other
things. All people are given these rights when they are born, without any kind
of favor to a certain person or group.
The aims of the international documents are: First and foremost, international
human rights instruments serve as the vehicles by which the concepts of human
rights and freedoms which are universal apply and which take precedence over
all. Still, despite being a great set of tools to neutralize the discriminations
against people because of their sexual activities, skin colour, culture, age
etc. International human rights law lays down obligations which states are bound
to respect. By becoming parties to international treaties, states assume
obligations and duties under international law to respect, to protect and to
fulfil human rights. Human rights are rights inherent to all human beings,
regardless of race, sex, nationality, ethnicity, language, religion, or any
other status. Human rights are standards that allow individuals to live with
dignity and develop to their full potential, and those from which no one should
be excluded. The enjoyment of rights is the same for all people without
discrimination.
The objectives of international human rights treaties include:
International human rights treaties are the building bricks for the legal
platform worldwide and they are playing a significant role in various areas.
Firstly, they set the standards and safety of fundamental rights and freedoms
that are universally accepted, such as the right to life and freedom, security,
and freedom from torture and discrimination.
Moreover, these pacts are dedicated
to combating all types of discrimination - be it on the basis of race, gender,
ethnicity, religion, and even nationality- while also attempting to assure
equality before the law and equal protection of rights for every Individual. The
treaties also establish mechanisms of accountability that are oriented towards
bringing justice. They serve as a skeleton on which the states are put on the
list and held accountable for framing human rights violation cases and victims
seek remedies.
One of the foremost assigns of the treaties on international human rights in the
world legal scale lies in the fact that they lay down and safeguard the
fundamental rights and freedoms that have been universally accepted, such as the
right to life, liberty, security, as well as freedom from torture and
discrimination. In addition, the treaties aim to remove discrimination on the
basis of different grounds, such as race, gender, ethnicity, religion, and
nationality, thus promoting the equal treatment of all before the law and thus
ensuring that each is equally protected. Besides the international human
treaties are the source of the normative framework which is guide to the
legislation, internal policies which as sure that are according to international
treaties.
International human rights treaties serve multiple crucial purposes in the
global legal landscape. Firstly, they define and safeguard fundamental rights
and freedoms universally recognized, such as the right to life, liberty,
security, and freedom from torture and discrimination. These treaties aim to
eradicate discrimination based on various grounds like race, gender, ethnicity,
religion, and nationality, promoting equality before the law and ensuring equal
protection of rights for all individuals.
The relationship between international law and domestic law is crucial in
ensuring the lastly, non-compliance with international human rights treaties can
subject a nation to international scrutiny and diplomatic pressure. This can
include sanctions and other measures aimed at encouraging adherence to treaty
obligations, thereby promoting stronger domestic legal protections and
accountability mechanisms.
Literature Review
The impact of international human rights treaties on domestic laws is a subject
of various theories and perspectives in legal and academic discourse.
Here are several theories and perspectives that contribute to understanding this
complex relationship
Dualist vs. Monist approaches in the realistic approach international and
domestic law considered separate legal system according to this approach
international law does not automatically become part of domestic legal system
unless it is especially domestic law through a specific process such as
ratification by the legislature of incorporation into domestic legislation.
Therefore in countries following the dualist approach international treaties or
agreements are not directly enforceable in domestic courts unless they have been
translated into domestic law.
The monist approaches on the other hand views
international law and domestic law as part of a single legal system.in this
approach, international law is automatically considered part of the domestic
legal system upon ratification or adoption without the need for transformation
into domestic law
When international human rights duties are turning to domestic have a big impact
on a country legal system by mistake international human rights obligation part
of domestic level third protect human rights better with the country people can
actually use these write in local course leading to stronger enforcements and
protection of human rights other national level the standard formation is also
standard making the government more account table and ensuring order is to human
rights principle it all local auto inducted and apply these rights in specific
cases giving individual away to see justice also write an obligation promoting
education and understanding human rights under society
When a country decides to ratify international human right treaties, it sets the
stage for significant changes within its domestic legal system. The act of
ratification signifies a commitment to upholding global human rights standards
and can have profound efforts on the country's legal landscape.
Ratification enhances international cooperation on human rights matters. It
enables collaboration with other countries, international organizations and
human rights bodies to share best practice, expertise, and resources in
advancing human rights protection globally.
Methodology
When a country ratifies international human rights treaties, it can have a
significant impact on its domestic legal system. The methodology for assessing
the impact of these on domestic law involves several key steps. The enactments
of international Juman rights Treaties by a county is one of their potential
tools that could result in remarkable changes of the domestic legal system. The
methodology to be used for assessing the impact of these on domestic law is a
multifaceted process.
In the first case, the legal analysis is the most vital. In order to do this
through inspection of the international human rights treaties that the country
has ratified needs to be done. By so doing, the specific provisions and
obligations outlined in the treaty that are relevant to domestic law would have
been identified or extracted.
Secondly, a comparison needs to be made between the provisions of the
international treaties and the prevailing domestic laws. This is important to
find the areas in domestic legislation that might require amending or alignment
with international standards to ensure the compliance with treaties obligations.
Impact Of International Human Treaties On Domestic Law
The impact of international human rights treaties on domestic legal systems
encompasses various dimensions that shape legal frameworks, judicial practices,
policy development, civil society engagement, and challenges faced in
implementation. Firstly, incorporation into domestic legal systems involves
legislative reforms where countries amend or introduce laws to align with treaty
obligations, ensuring compliance with international human rights standards.
Some
nations go further by amending their constitutions to elevate international
human rights norms as supreme law, strengthening their enforceability
domestically. Judicial application of these treaties influences court decisions,
providing guidance on interpreting and applying human rights principles within
national legal contexts, thereby shaping legal precedents and judicial
interpretations.
Judicial interpretation plays a critical role in expanding the scope of rights
and protections afforded to individuals under international treaties, fostering
more protective legal outcomes. Concurrently, landmark cases that directly
reference treaty provisions establish precedents that guide future judicial
rulings and legislative reforms.
Policy and institutional reforms are also
catalyzed by treaty ratification, prompting governments to review and revise
policies across sectors such as education, healthcare, criminal justice, and
minority rights to meet international standards. Institutions responsible for
monitoring human rights compliance may be bolstered or newly established to meet
reporting requirements and adhere to treaty recommendations.
Furthermore, civil society organizations, advocacy groups, and grassroots
movements are mobilized by treaty ratification, advocating for legal reforms and
robust enforcement of human rights protections. Increased public awareness of
international human rights norms through treaty ratification fosters a culture
of human rights consciousness among citizens, heightening demands for
governmental accountability and transparency in human rights practices.
However,
challenges persist, including gaps in treaty implementation due to resource
constraints, political resistance, and conflicting domestic priorities. Weak
enforcement mechanisms and inadequate compliance monitoring further undermine
the effectiveness of international human rights treaties in protecting rights on
the ground.
Debates over sovereignty and concerns about the balance between
international obligations and domestic autonomy also shape the landscape of
treaty implementation, with some states cautious about fully adopting provisions
perceived as infringing on national sovereignty. Thus, while international human
rights treaties provide a framework for advancing rights globally, their impact
on domestic legal systems is nuanced and contingent on various contextual
factors and challenges.
In conclusion, while international human rights treaties provide a framework for
universal standards and protections, their impact on domestic law depends on
factors such as ratification, implementation efforts, judicial interpretation,
and societal mobilization. Understanding these dynamics is crucial for assessing
how effectively international human rights norms translate into tangible legal
protections and societal changes at the national level.
Case Study:
Suo Moto case on missing persons (2010 - present)[1] :(Pakistan) the Supreme
Court of Pakistan has "taken Suo motu notice" of a number of cases, including
extrajudicial murders and enforced disappearances. The court's analysis of the
legality of the defendants' detentions has relied on international human rights
standards. Such international human rights legislation includes the convention
against torture (cat) and the international covenant on civil and political
rights (ICCPR). The court has issued orders for the repatriation of some missing
people and
investigations into claims of human rights abuses by government personnel.
Salman Taseer Assassination Case (2011) Mumtaz Qadri V. The State[2]:
Lahore
High Court has ruled that Mumtaz Qadri is accountable for the assassination of
Salman Taseer, the governor of Punjab. Qadri assassinated Taseer as a result of
the latter's opposition to Pakistan's blasphemy laws. The court's decision to
find Qadri guilty was influenced by international human rights standards, which
include the prohibition of hate crimes and the recognition of the right to life.
The Maneka Gandhi Case (India)[3]:
Article 21 of the Indian Constitution
guarantees the protection of personal liberty, a fundamental right whose scope
has been expansively interpreted by the Indian Supreme Court in alignment with
established international human rights standards. In the case of Maneka Gandhi,
her passport was seized without the provision of due process. The Court held
that the right to international travel falls within the ambit of
constitutionally protected freedoms, and any restrictions on this right must
conform to the principles of fairness and reasonableness. The Court's decision
underscored its reliance on international human rights norms, as demonstrated by
its reference to instruments such as the Universal Declaration of Human Rights,
in shaping domestic jurisprudence.
The case of Tawanda Chandiwana (Zimbabwe)[4]:
In the case of Zimbabwe Lawyers
for Human Rights v. Mugabe (2008), the Supreme Court of Zimbabwe ruled that the
government's land reform policies violated both the SADC Treaty and the African
Charter on Human and Peoples' Rights. The Court acknowledged the importance of
international human rights agreements and their relevance in domestic legal
proceedings.
Similarly, in the case of
Atala Riffo and Daughters v. Chile (2012), the
Inter-American Court of Human Rights issued a landmark decision concluding that
Chile had engaged in discriminatory practices against Karen Atala Riffo, a
lesbian mother. The ruling underscored Chile's obligation to uphold the rights
protected by the American Convention on Human Rights. As a result of this
decision, Chilean legislation and policies were revised to better align with
international human rights standards.
Conclusion:
The international human rights treaties play decisive role in promotive human
rights for protections and preservation of all citizens universally. These
treaties institute basic principle for guarding human rights all over world.
There are basically two theory Monism and Dualism countries according to their
convenience applies these approaches when there is rise of any disputes within
countries affair related to implementation of these treatises. Debate is still
not over related to supremacy of laws between international human treaties and
domestic laws. Whenever dispute arises on contradiction of power the decision of
supremacy based on the approaches and complexity adopted by countries.
In conclusion, International Human Rights Treatises provide the complexity and
legal framework which shaped countries judicial interpretation and domestic
legal system.
End Notes:
- Constitutional Petition No. 12007
- Mumtaz Qadri v The State PLD 2016 SC 17
- 1978 AIR 597, 1978 SCR (2) 621
- Zimbabwe Lawyers for Human Rights v. Minister of State, National Security (2019) HC 261/19
Written By: Rishu Verma
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