Abdulrasaq Kamaldeen

In any given society or community, individuals are bestowed with certain rights, which become a corresponding duty for every other person to observe and respect. Similarly, states under international law are equally conferred with certain rights following the fulfillment of the requirements of statehood. It follows, therefore, that individuals in a state also indirectly enjoin some rights that are internationally recognized because they are within a state that is subject to the rights and duties accruing to states under international law, hence international human rights.

Human rights are the inalienable rights that every human being enjoys in their various nations without any discrimination. The principle of human rights was developed by humans as a way of ensuring that the dignity of everyone is properly and equally respected at the international and national levels. Thus, international human rights were implemented by the state, not by an individual, because an individual is not subject to international law. Turkin emphasized that “conventions on human rights do not grant rights directly to individuals”. Article 23 of the Covenant of the League provided for the just treatment of the native population of the territories.

Human rights are those rights that the international community recognizes as belonging to all individuals by the very fact of humanity. States, as subjects of international law, have certain privileges to legally recognize entities and to promote and respect those rights. The process of international human rights in the international community increases international concern and relationships with states.

These rights are the semblance of existence that everyone in the community has to claim; they include the right to life, the right to dignity, the right to personal liberty, the right to movement, the right to human treatment, the right to judicial personality, the right to nationality, freedom of conscience and religion, the right to family, etc. All these are to be enjoyed without being questioned. Article 1 of the Universal Declaration of Human Rights provides that “all human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood. “No distinction in the enjoyment of these on the basis of the political, jurisdictional, or international status of the country to which someone belongs”.

Everyone in the international community is entitled to liberty; no one should be subjected to arbitrary arrest, detention, or exile (Article 9 of the UDHR). These rights are meant to prevent any unjustified arbitrary infliction on the people of the nation.
Therefore, international law frowns against any act or law that does not recognize inherent fundamental rights because the essence of these rights in the international community is to ensure justice, fundamental interest, and benefit. Its obligation to international communities is to prohibit acts of aggression and racial discrimination. These rights and freedoms are enjoyed by all individuals, regardless of their nationality, state, or citizenship. The 1993 Vienna Declaration and Program of Action 1993 emphasized that “all human rights are universal, indivisible, interdependent, and interrelated.”

The Universal Declaration of Human Rights (1948) is one of the main laws responsible for protecting and preserving human rights. It contains several provisions on the securing of human rights and rejects any infliction on those rights. Some rights in international law are not derogable even in terms of war and emergency matters; this includes the right to life, the right to personal liberty, freedom from racial discrimination, and the right to dignity. These are the rights that can’t be taken away. Another set of laws that are meant for the protection of human rights in the international community are the International Covenant on Economic, Social, and Cultural Rights (ICESCR) of 1967, the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD) of 1969, the African Charter, etc.

Furthermore, everyone is entitled to international human rights without racial discrimination. Article 1 (1) of the ICERD defines racial discrimination as “the term “racial discrimination” shall mean any distinction, exclusion, restriction, or preference based on race, color, descent, or national or ethnic origin.” And this law is not in support of any distinction or restriction because it was explicitly stated in Article 1(2) of the ICERD.
Conclusively, international human rights gives a sense of belonging to every soul in the international community whether rich or poor, man or woman, young or old etc. None should be deprived of its enjoyment.