The Role of the State in Protecting Human Rights
The primary responsibility for the protection of human rights lies with the state, which is obligated to uphold the rights established by international human rights law. This includes shouldering its responsibilities and duties to protect and fulfill human rights. As a signatory to relevant international treaties, states must adhere to their provisions. The obligation to respect implies that states must refrain from interfering with human rights or limiting individuals’ enjoyment of them. Conversely, the obligation to protect entails that states must safeguard individuals and groups from violations of these rights. Moreover, the obligation to fulfill requires states to take positive actions that enable individuals and groups to enjoy their fundamental human rights and to facilitate these processes.
The Role of Government in Protecting Human Rights
National legal systems provide the legal protection of human rights as guaranteed under international law. Furthermore, ratification of international human rights treaties compels governments to enact legislation and measures that safeguard these rights, in alignment with treaty texts. Governments are responsible for protecting human rights by preventing violations against individuals and groups residing within their territory, ensuring justice for those whose rights have been violated, and respecting these rights by neither denying any person their rights nor interfering with how individuals exercise their rights. They must also adopt facilitative measures to ensure the realization of these rights.
The Role of Non-Governmental Organizations in Protecting Human Rights
The responsibility of caring for human rights extends beyond governmental organizations; non-governmental organizations (NGOs) play a crucial role at various levels in this arena. Their objectives include providing information on human rights to relevant international and national institutions, contributing to the formulation of policies and agendas related to human rights, monitoring the implementation of these policies, and raising awareness of human rights issues among the public. Additionally, NGOs are essential in examining the progress of states regarding human rights, monitoring violations, and exerting pressure on perpetrators of human rights abuses. Many NGOs have significantly contributed to interpreting international human rights law, addressing issues within it, and establishing human rights standards.
The Role of Individuals in Protecting Human Rights
While governments hold the primary responsibility for protecting human rights per international treaties, they are not the sole entities accountable for ensuring these rights. Every individual in society must strive to promote the protection and respect for these rights and freedoms, in line with the national and international measures taken in this regard. This commitment fosters global recognition of human rights, manifesting in individuals not opposing these rights or inciting actions against them. Furthermore, individuals are encouraged to fulfill their duties by establishing NGOs and forming social movements that advocate for human rights.
The onus is on individuals to disseminate a culture of human rights throughout society and the world, emphasizing the importance of preserving them. Each individual should actively pursue their rights. Article 29(1) of the Universal Declaration of Human Rights underscores this role, stating, “Everyone has duties to the community in which alone the free and full development of his personality is possible.” Individuals can enhance human rights in their communities by implementing several strategies, including:
- Planning collective actions in the field of human rights and documenting them through photos and videos.
- Utilizing various media channels to promote human rights, such as discussing them on radio programs or writing and publishing articles.
- Leveraging cultural means, such as theater or other arts, to support human rights causes.
- Using social media platforms, like Facebook or Twitter, to share ideas and information related to human rights issues.
The Role of the United Nations in Protecting Human Rights
Promoting and protecting human rights is a primary objective and a significant principle in the agenda of the United Nations (UN). The mention of the term “human rights” seven times in the UN Charter underscores its importance to the organization. The UN’s role in enhancing and safeguarding human rights is illustrated through the following mechanisms:
- Office of the High Commissioner for Human Rights: This office promotes and protects human rights by supporting these rights in peacekeeping missions across various countries. It operates numerous country and regional offices to achieve this goal, possessing the authority to investigate human rights violations globally, comment on such violations, and publish related reports.
- Human Rights Council: Established in 2006, the Council replaced the UN Commission on Human Rights and serves as an independent international governmental body responsible for human rights within the UN framework.
- Human Rights Treaty Bodies: These bodies oversee the implementation of fundamental international human rights treaties and agreements through independent expert committees.
- Special Procedures of the Human Rights Council: The special procedures consist of independent experts who voluntarily monitor human rights issues and provide advice tailored to the legal frameworks of each state.
- Human Rights Mainstreaming Mechanism: The UN Development Group’s human rights mainstreaming mechanism aims to reinforce and support efforts to integrate human rights perspectives within the UN development system.
- Special Advisor on the Prevention of Genocide and the Responsibility to Protect: This advisor is responsible for raising awareness about the causes of genocide, alerting relevant parties to potential genocidal threats, and encouraging actions to prevent such atrocities, while also promoting the responsibility to protect through conceptual, political, and institutional development.