The international humanitarian law , is the branch of international law designed to promote human rights in social, regional and national levels, this is made up mainly of treaties and agreements between the sovereign state and customary international law , as these are considered as a political source of obligation of the states.
Application of international human rights law can occur either in a home, a region or an international level, states that ratify human rights treaties are committed to respect those rights and ensure that their domestic law is compatible with international law . When domestic law can not provide a remedy for human rights abuses , the parties may be able to resort to regional or international mechanisms for the observance of human rights.
The relationship between international human rights law and humanitarian law is disputed among scholars of international law as this debate is part of a broader discussion on the fragmentation of international law, although pluralist scholars devise international norms of rights human beings as a system distinct from international humanitarian law while the defenders of the constitutionalist approach consider the latter as a subset of the former. Autonomous regimes emphasize the differences in implementation, international humanitarian law applies only during armed conflictsOn the other hand, a more systemic perspective explains that international humanitarian law represents a function of international human rights norms that include the general norms that apply to all people at all times, as well as the special norms that apply to certain situations. such as the armed conflict between a state that is in a situation of military occupation or for certain groups of people such as refugees , children and prisoners of war.
Historically in primitive societies the organization is based on communism, the emergence of states saw the organization and distribution of energy based on the law, with this came the growth of rights and the changing notions that constitute it and finally the development of human rights.
The emergence of the state is a crucial advance in the evolution of human rights, precisely because most of the rights are centered on the state, the state on its part is the carrier of functions with respect to individual persons who:
Human rights provide the tools and mechanisms to legally proceed in any case of violation. The General Assembly of the United Nations adopted the Declaration and Program of Action of Vienna in 1993, under which the United Nations High Commissioner for Human Rights was established, in 2006, the United Nations Commission on Human Rights was replaced by the Human Rights Council of the United Nations for the application of international human rights standards.
The Universal Declaration of Human Rights is a declaration of the UN General Assembly as a way to create international law of binding human rights, many legal scholars cite the UDHR as evidence of customary international law.
In general terms, the UDHR has become an authoritative reference in human rights and has served as the basis for subsequent international human rights instruments that form international human rights law that is not binding, but ultimately authoritative.
Application of international human rights law can occur either in a home, a region or an international level, states that ratify human rights treaties are committed to respect those rights and ensure that their domestic law is compatible with international law . When domestic law can not provide a remedy for human rights abuses , the parties may be able to resort to regional or international mechanisms for the observance of human rights.
The relationship between international human rights law and humanitarian law is disputed among scholars of international law as this debate is part of a broader discussion on the fragmentation of international law, although pluralist scholars devise international norms of rights human beings as a system distinct from international humanitarian law while the defenders of the constitutionalist approach consider the latter as a subset of the former. Autonomous regimes emphasize the differences in implementation, international humanitarian law applies only during armed conflictsOn the other hand, a more systemic perspective explains that international humanitarian law represents a function of international human rights norms that include the general norms that apply to all people at all times, as well as the special norms that apply to certain situations. such as the armed conflict between a state that is in a situation of military occupation or for certain groups of people such as refugees , children and prisoners of war.
Historically in primitive societies the organization is based on communism, the emergence of states saw the organization and distribution of energy based on the law, with this came the growth of rights and the changing notions that constitute it and finally the development of human rights.
The emergence of the state is a crucial advance in the evolution of human rights, precisely because most of the rights are centered on the state, the state on its part is the carrier of functions with respect to individual persons who:
- They depend on the state for the protection of their rights.
- They have the right to claim for violations of those rights.
Human rights provide the tools and mechanisms to legally proceed in any case of violation. The General Assembly of the United Nations adopted the Declaration and Program of Action of Vienna in 1993, under which the United Nations High Commissioner for Human Rights was established, in 2006, the United Nations Commission on Human Rights was replaced by the Human Rights Council of the United Nations for the application of international human rights standards.
The Universal Declaration of Human Rights is a declaration of the UN General Assembly as a way to create international law of binding human rights, many legal scholars cite the UDHR as evidence of customary international law.
In general terms, the UDHR has become an authoritative reference in human rights and has served as the basis for subsequent international human rights instruments that form international human rights law that is not binding, but ultimately authoritative.
Post A Comment:
0 comments: