International Human Rights Law by 78HKc7


									   International Human Rights Law: Development
        Scope and Enforcement/Monitoring
                      Muhammed Tawfiq Ladan


      This chapter aims at introducing students to the meaning, impact,
development, and scope of international human rights law, regional and domestic
mechanisms for the enforcement of international human rights standard.

      International human rights law is defined as the law that deals with the
protection of individuals and groups against violations by governments of their
internationally guaranteed rights, and with the promotion of these rights. The
branch of the law is sometimes also referred to as international law of human
rights or international protection of human rights. Although scholars might
disagree over whether one or the other of these labels is more appropriate, here
they are used interchangeably.

      Human rights are a mater of international law, as the rights of humans do
not depend on an individual’s nationally and so the protection of these rights
cannot be limited to the jurisdiction of any one state. Of course, national
protection of human rights is vital, and many states do specifically provide for
such protection. Also, both the protection and the enforcement of human rights,
as with all international law, can depend on national courts. However, as most
breaches of human rights are caused by a state acting against its citizens or
against those in its jurisdiction, much of international human rights law operates
beyond the national legal system in order to afford redress to those whose
human rights are infringed and to provide a standard by which states can be
judged objectively.

      The crux of international human rights law therefore, is to afford legal
protection of human rights. To do this it is first necessary to examine briefly the
development and impact of international human rights law.

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