PhD Research Proposal – Khaula Noor

December 2018

Advocacy of Human rights law, its implementation, individual responsibility of states and
current custodian in global context

Abstract

Human rights have become firmly entangled in both the practice and study of international relations. Most
influential theories of international relations explain the role of such rights in significantly different ways,
and it is evident that their major claims carry eloquent arguments, indicating an uneasy comparison of
state sovereignty with ideas of a universal moral order. Sixty six years after the establishment of the
United Nations, human rights look like a conventional world. Insofar as the mass media draw attention to
human rights concerns and issues, their focus is on international relations and foreign policy. The
international law approaches the human rights law in different ways focusing on the obligations of states
to organize and implement them. 2030 agenda was adopted by the United Nations for development in
human rights.1

RESEARCH CONTEXT

It is necessary to disobedience the undemocratic rule and oppression to protect the rights of human being
according to the rule of law. 2 On the 60th anniversary of the UDHR in 2008, the Louise Arbour, said that it
is not so much easy to consume the formulated rights of human by UDHR in this new theoretical world
present human rights law. 3 The jurisprudence has also developed the several bodies for implementation
and growth of human rights in truly respectable manners. In this era, it is admitted that states should also
understand its responsibility to organize and implement the human rights law at good level and prevent
the infringers to violate the human rights law provided for the welfare of human.

The human rights law strengthened when the Universal Declaration of Human Rights were adopted by the
UN General Assembly on 10 December 1948. It protected the rights of all nations and peoples without
any discrimination. It is translated in 514 languages so that the rights could be protected of all the
individuals in the world.4 All the governments feel respect for the UDHR rules as they are universal and
cannot ignore them. These are also regarded in the external relations of states. In another aspect, these
rules are extensively violated throughout the world. The United Nations has supported the elections,
referenda and reconstruction matters in different countries. Today, this occurs due to the instant attention
of media. The International Bill of Human Rights is made up of the Universal declaration of Human
1
Tahmina karimova, Human Rights and Development in International Law, 2016
2
Dr Manisuli Ssenyonjo, Professor Mashood A Baderin, International Human Rights Law: Six Decades after the
UDHR and Beyond, 2013
3
Dr Manisuli Ssenyonjo, Professor Mashood A Baderin, International Human Rights Law: Six Decades after the
UDHR and Beyond, 2013
4
https://www.ohchr.org/EN/UDHR/Pages/UDHRIndex.aspx
Rights, the International Covenant on Economic, Social and Cultural Rights and the International
Covenant on Civil and Political rights and two Optional Protocols. In Article 68 of the UN Charter, the
promotion of the human rights is necessary and there should be a commission for this purpose decided in
a session of UN preparatory commission. 5 These documents of rights secure the recognition of the states
at international as well as national and community level. The people realize the responsibilities under the
territories jurisdiction and as an international person. UDHR not only affirms the rights but also puts
responsibilities on persons to secure the other individuals for creating balance in society and thus follow
the equity rule and rule of law. When states formulate the treaties between themselves, they are bound to
fulfill the rules which are generated for that treaty. They perform in such a way that becomes lawful and
faithful to the Human Rights Bill.

The legal instruments as declarations, treaties, guidelines and principles found between the states give rise
to the development, implementation and understanding of the human rights importance at international
level. The states should refrain from interfering with the enjoyment of rights of citizens. It is the basic
principle of implementation of human rights law that states should ensure the enforcement of rights at
local level. Until it does not occur, it would be difficult to enhance respect in the heart of people for
human rights at international level.

The Vienna declaration on Human Rights asserts in World Conference 1993 that all the human rights are
interdependent, interrelated and indivisible. 6 After the Second World War, the shattered rights were tried
to maintain in respectful manners. Thus it became the international matter to be resolved. They concerned
the problems of war and for the rights of wounded and sick persons. To create the peaceful environment
became the main perspective of the League of Nations and then UNO. The League of Nations failed to
implement this agenda.

Although the UN established and determined the human rights but practically it is like the might is right.
The strong Nations do not consider the dignity right of the other poor and weak countries which led to the
imbalance of society and produce the tension and conflict in different regions of the world. If we look at
history, it is found that the developed Nations always depressed the under developing countries in the
context of rights. Even the most of the countries have signed the UDHR and yet it is difficult to say that
the governments are not violating the human rights. Why has the number of countries disobeyed the right
of self-determination? Why do children work in factories instead of going to school? Why do women’
right remained a question in nearly all the countries in this world? 7

Another aspect relates to the lack of consensus between the states. Often, some international institutions
are compelled to implement human rights law for good. Unlike the national courts, the international body
does not have any force or method to implement the international law and human rights law to avoid the
abuse of rights. Good governance plays an important role and above this the moral, spiritual and ethical
powers in a person show the righteous path that how much that person is sincere with the human rights
obligations. Human rights should be a part of every state constitution and this part should be learned in
school life of children and to uneducated parents in monthly workshop so that it can be easy to implement
5
https://www.ohchr.org/Documents/Publications/FactSheet2Rev.1en.pdf
6
Guðmundur S. Alfreðsson, Asbjørn Eide, The Universal Declaration of Human Rights: A Common Standard of
Achievement, 1999
7
The case against human rights, https://www.theguardian.com/news/2014/dec/04/-sp-case-against-human-rights
it at community level. The point of human rights law is to have human rights values, as enforceable rules,
and admitted as positive law. It is amount to have a natural lawyer in ourselves. 8

Research questions

What are the human rights limits and are they progressive in nature in this era? If yes, then what are the
measures can be taken in order to change the social mind about the human rights and what is the role of
UNO in this respect and consequences of its leading role?

Do individuals and states have responsibilities to promulgate these laws in their country if yes, then, what
restrictions and methods can be adopted to regulate these laws for good? UDHR, with its 30 articles
protect the rights of people which are considered basic rights of human, cover all the spheres of life and
life necessities, now the question arises, whether the treaties between states and individuals adopt these
laws for protecting the rights of both of the parties or one just try to hold his own right and against the
other’s benefit?

The wisdom of a man says that all the human being have the same rights. 9 They are connected with each
other. As according to Aristotle, “man is a social animal”. He needs to get help somewhere by someone. A
lawyer cannot be a doctor. A doctor cannot be a police man. For this reason, human rights law was made
to enhance and protect the dignity of man. If infringement occurs, the law provides punishment due to
disturbance of social life. When an individual disrespect someone rights, actually he puts his own right in
danger. UDHR have passed many resolutions to resolve this type of issues in a lot of countries.

Research methods

As for as this research is concern I will examine all the resolutions passed by the UN and all the laws
related to human rights. It would be examined that all the states and individuals are treated equally r not.
The factors would be generated influenced by the treaties and relationship of states with each other to
regard the human rights law and to protect it.

International bodies, laws and obligations of states would be under the spotlight of my research work to
provide the real face of human rights and the implementation of these laws would be crux of my work. I
will also examine and critically analyze the case laws about the human rights associated with different
countries and rights issues.

As a student of law, human rights, and international law, I will use all my knowledge and ability to
counter this work with the help of other instruments like literature, books, articles, internet and other
relevant materials.

Significance of Research

It is evident that although the human have basic rights from the beginning of this earth but it were
recognized gradually after a long and expensive journey. The fact is that after recognizing it, there is less
change in happening of infringement of rights. Today, I will try to realize the truth of the implications and
aftermath of the human rights law implementation. The responsibilities on states are an important way to
8
Howard Davis, Human Rights Law Directions, 2016
9
Cindy Holder, David Reidy, Human Rights: The Hard Questions, 2013
create ease in practicing the human rights law. The main issue is to get rid of the sense of superiority of
one person upon another person or of one state upon another state. The role of strong nations is significant
in understanding the breach of human rights law. The study of this research will help to understand the
reasons of non- implementation of human rights law and will try to give some suggestions to make these
laws helpful in future.

Bibliography

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the Jurisprudence of the European Courts, 2014

Conor Gearty, Costas Douzinas, The Cambridge Companion to Human Rights Law, Cambridge
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Urfan Khaliq, International Human Rights Law Documents, Cambridge University Press, 2018

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