The search for justice © Centre for Science and Environment

The 30 Articles of the Universal Declaration of Human Rights are non-binding principles, intended to guide the detail of international human rights law. The UN's original intention was to approve laws at the same time as the Universal Declaration in 1948. In the event, it took almost 20 years to clear this hurdle, such were the ideological divisions of the Cold War era.

The command and control regimes of the communist bloc had little inclination to put flesh on the bones of civil and political rights. By contrast the US perceived social and economic rights as undermining its frontier tradition of individuals taking responsibility for themselves.

The eventual solution was to create two legal instruments, separating the contentious areas. The International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social and Cultural Rights (ICESC) were both adopted by the UN General Assembly in 1966 and finally came into force in 1976. To this day, China has refused to ratify ICCPR whilst the US has likewise rejected ICESC.

There are nine core international human rights treaties; in addition to ICCPR and ICESC, seven treaties have been approved, addressing racial discrimination, child rights, discrimination against women, torture, disabilities, migrant workers, and enforced disappearances (not yet in force). As countries ratify these international treaties, they accept the obligation to protect their citizens through the introduction of national laws and institutions.

Important UN human rights instruments exist outside this core although not all carry the full weight of international law. For example, the Declaration on the Rights of Disabled Persons delivers moral guidance rather than binding protection. Strong claims made by special interest groups sometimes overlook the reality that categories of human rights vary in their legal status.

A national framework of human rights law administered by adequately resourced institutions is beyond the capacity of many developing countries. Where national laws fail to protect rights, grievances can be referred to higher regional authorities by reference to international law. For example, the European Court of Human Rights in Strasbourg receives many petitions from countries such as Russia, Turkey and Romania.

Ultimate oversight lies with the UN Human Rights Council (HRC), the 47-country body established in 2006. Supported by the Office of the UN High Commissioner for Human Rights, the HRC monitors the implementation of human rights treaties through Universal Periodic Reviews. These are four-yearly self-assessments by every country on the fulfilment of its obligations.

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