Learning Objectives
Upon reading and reflecting on this blog post, you may discover intriguing elements to further explore:
- Human rights are embedded in a complex realm, including their treaties, definitions, roles, and applications across various sectors. Generally, human rights treaties serve as lawfully binding agreements between nations that delineate the rights and protections afforded to individuals.
- Notably, key treaties include the Universal Declaration of Human Rights (UDHR), the International Covenant on Civil and Political Rights (ICCPR), and the International Covenant on Economic, Social and Cultural Rights (ICESCR). International human rights laws are shaped by these foundational covenants.
- Human rights span civil, political, economic, social, and cultural dimensions. However, the emphasis on these groupings can differ based on regional contexts. Some areas prioritise civil and political rights, while others emphasize economic and social rights.
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Human Rights Functions are Multidimensional
When interpreting human rights, various sources may be applicable, including legal documents, social norms, and individual circumstances.
- Generally, administrators are guided by precedents and planetary standards to interpret human rights within their specific contexts. Administrators have a lawful obligation to respect, protect, and fulfill human rights. Furthermore, their duties encompass enacting legislation, providing remedies for breaches, and ensuring people can exercise their rights without being subjected to arbitrary and unlawful activities.
- Mediation can play a crucial role in conflict management while upholding human rights. Broadly, conflict management practitioners frequently integrate human rights principles to achieve equitable outcomes.
Topics Covered
This blog post encompasses the following elements:
- Human rights treaties;
- Human rights definitions; scope and emphasis, functions, fundamental principles, and interpretations;
- Lawful obligations;
- Human needs and desires;
- Human rights in mediation, counselling, the arts, and supports;
- Caveats;
- Conclusion; and,
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How to contact us.
This blog outlines the intersection of human rights with mediation, counselling, the arts, and supports. Furthermore, it discusses how these fields can work together to promote and protect human rights while also highlighting potential caveats and challenges. Additionally, this post provides information on how readers can reach out for further supports.
Human rights are fundamental phenomena that each person possesses, irrespective of nationality, ethnicity, or background (Shestak, 1998). Examples of rights include the right to life, freedom from torture, freedom of expression, and the right to education, among others. Moreover, rights extend to security, health, and education.
Human Rights Covenants
Civil liberties are attributable to all individuals. The Universal Declaration of Human Rights (UDHR), and The International Covenant on Civil and Political Rights (ICCPR) are examples of civil liberties covenants. Markedly, The International Covenant on Economic, Social, and Cultural Rights (ICESCR) is another example of a covenant. Charters can guide and establish checks and balances against arbitrary and unlawful conduct. Furthermore, the ICCPR and the ICESCR covenants include a range of international equality aspects regarding income, security, and work.
What are Human Rights?
Diverse conceptual frameworks have been utilised to articulate the notion of human rights. Among these are natural law and positivist perspectives. Furthermore, natural law emphasises principles of equality and the concepts of divine will, transcendental understanding, and engagement with natural reason; however, the validity of its assertions cannot be definitively established or dismissed.
The Human Essence And Human rights
Transcendental perception includes that pertaining to the essence of being a human being. Moreover, for those who subscribe to this approach natural law supersedes positive edicts or human made law. Positivists often perceive that there is an authoritative sovereign, which upholds enacted laws and derives “sanction from coercion”.
The Focus and Range of Human Rights
A critique of this approach is that ultimate authority is with the sovereign and not “the will of the people”. However, it is beyond the scope of this post to consider in greater detail these outlooks and other similar ones such as social contract theory. Moreover, here rights are explored and power is defined. All in all, each right seems to involve both a subject matter and personal scope.
Human Rights’ Functions
The functions of human rights include defensive and objective ones. The defensive function seems to be the most important of the four main functions of human rights and this is linked to liberal classic rights. Additionally, this function is embedded in the first generation of human rights. As an illustration, the first generation of human rights includes the right to life and not to be tortured (Brunnee, et al., 2006).
Access to Public Services through Human Rights Frameworks
Non-intervention may require administrators to refrain from certain acts that are directed against an individual. Often there are only two parties involved here, for example, an individual and a state. Another key point, human rights include communal and political liberties, such as, the right to participate in elections, not to be discriminated against when accessing public services, fair dealing and freedom of communication (Brunnee, et al., 2006).
The Defensive Function In Human rights
Overall, the defensive function often serves to limit administrative interferences with the lives of individuals by guiding administrators and as to what they can or cannot do to citizens. Under s 2.7 of the Charter of the United Nations the norm of non-interventionism is illustrated (Charter of the United Nations, 1945; International Development Research Centre, 2009).
The Objective Function in human rights
A second function of human rights is an objective one. Chiefly, this can help to provide guidance as to the interpretation of human rights instruments and broadly the law. Notably, statutes consist of words, sections and sub-sections, paragraphs and sub-paragraphs, sentences and norms.
Foundational Rules of Interpretation
Legal readings are often shaped by the rules of interpretation. Chiefly, at an international level art 31 of the Vienna Convention on the Law of Treaties sets out the “General rule of interpretation”. Furthermore, in the interpretation of legal instruments the ordinary meaning, context and the text itself is considered [art 31 (1)-(2]. Also, agreements and instruments in respect to treaties are evaluated [art 31 (3) (b)- (c)]. For example, state practice and rules of international law are likely to affect the manner in which interpretations are made [art 31 (3) (b)-(c)].
Generally, when the International Court of Justice adjudicates it may consider soft law in the form of international law conventions, custom and general principles (Brunnee, 2006; Statute of the International Court of Justice).
Interpreting Human Rights
Interpretations of certain rights can be shaped by modern values and the terms and conditions of the specific rights concerned. Notably, there are three main methods of interpretation (Brunnee, et al., 2006). Moreover, these methods include “the intentions of the parties” or ‘founding fathers” school; the “textual” or “ordinary meanings of the words” school; or “aims and objects” school.
Processes of interpretation can include both broad and narrow readings of a right and subject matter scope linked to a particular right. Evidently, by incorporating the broad and narrow readings a core right is formed. Additionally, often expansive interpretations of a right are more prone to legal limitations and to be found inadmissible than narrower readings. Furthermore, legal limitations are enumerated by the text of a particular right and the situation at hand. Signatories to treaties may agree that special connotations be given to particular terms (Vienna Convention on the Law of Treaties [art 31 (4)].
A Norm
A norm is the smallest imaginable unit of the law. Generally, particular objects, purposes, contexts and legal orders have a bearing upon the manner in which norms are interpreted. Evidently, in the process of a norm becoming a human right it often goes through a process of crystallization (Totaro, 2008). Notably, this process may be described as having social and political elements, which give rise to substantive rights through customary or treaty law.
All things considered, the international collective identifies these norms as ones, which cannot be contracted out of. Furthermore, particular rights can be incorporated into international customary and treaty law. Also, the latter often is written and arises from binding agreements between states.
Customary Law
Customary law may include principles that are fundamental and inherent to communal and monetary systems. Thus, these principles may be adhered to as if they comprise the law. Generally, customary law seems to involve implied rulings and is unwritten.
A law is considered customary when it emerges from the practices of states, which follow it under the belief that compliance is a legal obligation. The concept of “opinio juris sive necessitatis” is associated with the theory that for actions to be recognised as customary law, it must be demonstrated that states observe these actions not out of moral obligation, but because they perceive them as legal requirements (International Court of Justice, 1995).
The Laws that Bind
Customary law is obligatory for all states, whereas treaties are generally only binding on those states that have ratified them. and incorporated these laws in their domestic frameworks. Generally, a state may sign an aspirational treaty, which is not legally binding, however, it can be symbolic and begin a developmental process in the creation of binding rights (Totaro, 2008). Another key point, substantive rights include political and civil elements including those pertaining to life, privacy, and not to be tortured.
Freedom from Torture and human rights
The right to be free from torture contains a central core linked to a jus cogens norm, which is theoretically inviolable. Furthermore, treaties that do not adhere to jus cogens norms are likely to be struck down (Vienna Convention on the Law of Treaties, art 53). Additionally, these norms comprise compulsory and unconditional standards.
All in all, when interpreting legal instruments the whole text of the instrument may be appraised. The ordinary meaning and grammatical aspects of, for example, sections and sub-sections may be compared and contrasted against each other. Moreover, the object and purpose of the instrument will be evaluated. Also, consideration will also be given to the legal order in which the instrument is embedded. All things considered, if the meanings associated with particular rights are in conflict the one that does not offend human rights is likely to be retained.
Human Needs and Aspirations
We recognise that you have critical needs and aspirations, including and not limited to the following.
- Disaster mitigation and management;
- Economic and industrial sustainability;
- Justice and respect for persons;
- Lifelong and virtual (online) education and training;
- Safety and security in the workplace and beyond;
- Substantive health and other human services; and,
- Vibrant or healing ecosystems.
Human Rights in Mediation
There are various entry points to facilitate the upholding of human rights including mediation, counselling, the arts, and supports. Mediation often occurs when an impartial mediator assists you and others in pinpointing contested issues such as at home or work, creating alternatives, and developing resolutions generally based on your shared interests.
Chronic stress contributes to deteriorating health, including increased muscle pain, headaches, and high blood pressure. Limiting stress from negatively impacting your life is imperative for long-term health. Open and respectful communications regularly decrease conflict between you and others with different and shared ideas, values, and beliefs. Agreements need not be consistent with precedents or prevailing standards in societies, although they must adapt to your changing needs and priorities.
Human Rights and Counselling
This includes a variety of interconnected viewpoints, spanning from cognitive behavioural to human-and eco systems. Theories and practices can help restore your health and functional capacities while reducing stress. Reach out for support from family, freinds, and beyond to regain balance and resilience as your rights are recognised. Read more in the Resiliency Toolkit.
Human Rights in the Arts
The entitlement to “freedom of artistic expression” is explicitly mentioned in international agreements. (The Office of the High Commissioner for Human Rights, 2024). People possess the right to explore, gather, and disseminate a variety of information and ideas through artistic means. Furthermore, individuals are entitled to appreciate artistic creations and the creativity of others.
The expressiveness of the arts can bring smiles and is a means for you to become calm and relaxed. Furthermore, audiovisual materials may engender an emotionally safe place to enhance spiritual, mind and body interconnections. Visual arts often involve personal and social exploration and analysis. Equally important observational and reflective skills, including photography. Your family, friends, and others can reach your fullest potential with the arts as a form of creative expression! Over the years, it has been a privilege to learn this notion from many people, including students, storytellers, and practitioners, perhaps like you.
Human Rights and Supports
Human rights often have a specific scope that requires a definition and is subject to certain limitations. The legal limitations of specific rights often vary according to the jurisdiction in which they are allegedly violated. For example, there are varying “norms of fairness” in different jurisdictions (Mushkat, 2002, 5).
There are Few Absolute Rights
There are no absolute rights, although, for example, freedom from enslavement should be upheld. The rights of every person can be demanded and usually encompass specific freedoms, protections, and benefits. These rights are recognised under the American and European Conventions on Human Rights, as well as General Comment No 6, which discusses the right to equality and inclusiveness.
Human Rights and Their Core
At the center of human rights is respect for inherent life and dignity. Dr. Neira (2021), who is with the Department of Public Health, Environmental and Social Determinants of Health, World Health Organization said, “Our lives World Health Organization Under art 17 of the International Covenant on Civil and Political Rights an individual will not be subjected to random or illegal intrusion into his/her “…privacy, family, home or correspondence, nor to unlawful attacks on his honor and reputation.”
These international instruments provide useful lenses through which to consider the interconnection between human rights, ecologists and the right to a healthy planet!
Caveats
The discussion of human rights has faced strong criticism, particularly in regions associated with popular movements. Challenges that are related to realising human rights include inadequate political processes and fragile establishments. States may see human rights law as being opportunities to disparage others or to obfuscate rights challenges in their own territories.
Towards Mediation, Counselling, The Arts, and Supports
Generally, customised assistance is a means of staying or getting back on course towards achieving your rights and achieving a peaceful state. Indeed, mediation, counselling, the arts and supports often integrate personal and social care.
Put your life jacket on and then help others with theirs! You may be empathetic. However, you are not the other person and could be reluctant to speak for the individual, denying the inherent right to choose between available options. It is possible to diminish your discomfort within nurturing environments. Our commitment lies in providing individualised mediation, counselling, and creative assistance. We aim to empower you to realise your full potential and effectively manage your rights and obligations across all facets of your life, from your home to your work environment.
In Closing
Human rights are an essential aspect of our planet, providing a framework for dignity, justice, and equality. Understanding their foundations, interpretations, and applications may be crucial for fostering a more equitable world. This blog post explored the intersection of human rights, and:
- Mediation;
- Counselling;
- The arts; and,
- Supports.
Moreover, caveats linked to human rights were introduced. Additionally, we provided information on how to reach out to us.
How to contact us.
References
A-G
African Charter on Human and Peoples’ Rights (1981).
American Convention on Human Rights “Pact of San Jose, Costa Rica”, opened for signature, 22 November 1969.
https://www.cambridge.org/core/journals/international-legal-materials/article/abs/american-convention-on-human-rights/7EB3A8C5CBE1466C1EE589BF480CC74C
Brunnee, J, Currie, R., McDorman, T.L, Mickelson, deMestral, A. LC, Toope, S.J. and Williams, S.A. (2006) International Law Chiefly as Interpreted and Applied in Canada (7th ed).
Charter of the United Nations, opened for signature 26 June 1945, 59 Stat 1031 (enacted into force 24 October 1945) s 2.7.
General comment No.6 on equality and non-discrimination (2018).
I-M
International Court of Justice (1995). Répertoire de la jurisprudence de la Cour Internationale de Justice 9.
International Covenant on Civil and Political Rights, opened for signature on 16 December
1966, UN Doc A/6316 (enacted into force 23 March 1976).
International Covenant on Economic, Social and Cultural Rights, adopted and opened for signature, ratification and accession 16 December 1966 (enacted into force 3 January 1976).
International Development Research Centre, 2. A New Approach: ‘The Responsibility to Protect.’ (2009) s 2.8.
Mushkat, R. (2002). ‘Fair Trial’ As A Precondition to Rendition: An International Legal Perspective (2002) Hong Kong: Centre for Comparative and Public Law Faculty of Law The University of Hong Kong.
https://ccpl.law.hku.hk/content/uploads/2018/03/Pub/OP/OP%20No%205%20Mushkat.pdf
N-S
Neira, M. (2021). Our Lives Depend on a Healthy Planet, depend on a healthy planet. World Health Organization.
https://www.who.int/news-room/commentaries/detail/our-lives-depend-on-a-healthy-planet-maria-neira
Office of the High Commissioner for Human Rights (2024). Artistic freedom.
https://www.ohchr.org/en/special-procedures/sr-cultural-rights/artistic-freedom
Shestak, J.S. (1998) The Philosophic Foundations of Human Rights. Human Rights Quarterly.
Statute of the International Court of Justice, enacted into force 24 October 1945.
https://legal.un.org/avl/ha/sicj/sicj.html
Steiner, H.J., Alston, P., & Goodman, R. (2008). International human rights in context : law, politics, morals : text and materials. Oxford University.
https://archive.org/details/internationalhum0000stei_p9a9
T-V
Totaro, M.V. (2008). Legal Positivism, Constructivism, and International Human Rights Law: The Case of Participatory Development 721. OpinioJuris.
Universal Declaration of Human Rights (1948), GA Res 217A (111), UN Doc A/810 at 71 1948.
Vienna Convention on the Law of Treaties, opened for signature 23 May 1969, 1155 UNTS 331 (enacted into force 27 January 1980) art 31.
https://legal.un.org/ilc/texts/instruments/english/conventions/1_1_1969.pdf