Putting the Human in
Human Rights:
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One of the aims of International Law is to try and manage how sovereigns relate to one another and to the people over whom they rule.
It is a challenge because countries agree to be bound by rules and principles outlining how we should conduct ourselves as a civilization, only to break the very rules they spent years deliberating on.
This can be frustrating.
It is a tough place to be when dealing with a victim of a human rights violation, having allegedly suffered that injustice at the hands of a government or a large corporation. It impacts the individual, sometimes their immediate families, communities, and human rights defenders. It is a real threat.
Anyone who witnessed the evacuation in Afghanistan, the war in Yemen, Syria, and Ethiopia, and Ukraine, can relate to the question, “where has civility gone?”.
International Law carries with it a sense of responsibility. How can you be a vessel for good without aggravating the situation? It is by the application of International Law and its principles that someone’s life may make sense again and, in cases where there is a loss of life, retribution and reconciliation.
It is in those moments that you begin to appreciate the fact that there are laws and bodies capable of holding a government accountable.
One of the aims of International Law is to try and manage how sovereigns relate to one another and to the people over whom they rule.
It is a challenge because countries agree to be bound by rules and principles outlining how we should conduct ourselves as a civilization, only to break the very rules they spent years deliberating on.
This can be frustrating.
It is a tough place to be when dealing with a victim of a human rights violation, having allegedly suffered that injustice at the hands of a government or a large corporation. It impacts the individual, sometimes their immediate families, communities, and human rights defenders. It is a real threat.
Anyone who witnessed the evacuation in Afghanistan, the war in Yemen, Syria, and Ethiopia, and Ukraine, can relate to the question, “where has civility gone?”.
It is in those moments that you begin to appreciate the fact that there are laws and bodies capable of holding a government accountable.
For example, the option to appeal to the International Criminal Court.
The spirit of the law is that when, not if, an injustice happens, when! This is how it should be dealt with.
However, the relationship between law and injustice is not the same in theory as it is in practice.
In practice, failing to do the right thing at the right time has real human, economic, and environmental ramifications. This affects not only the world as it is now, but also future generations who had no say in the matter.
The spirit of the law is that when, not if, an injustice happens, when! This is how it should be dealt with.
However, the relationship between law and injustice is not the same in theory as it is in practice.
In practice, failing to do the right thing at the right time has real human, economic, and environmental ramifications. This affects not only the world as it is now, but also future generations who had no say in the matter.
And, if all else fails, as it occasionally does, should we consider bridging the gap with customs, ethics, and soft law?
It is to apply rules in their strictest sense after a career that exposes you to having to face injustice on a daily basis. It is a way to escape.
Because applying the law in an orderly manner in order to achieve the desired results can be a lengthy and bureaucratic process which can be all consuming.
The amount of paper work, time and the processes one has to go through to prove their rights needs to be streamlined.
However, where do you draw the line? As Alston (1997) said:
“The quest for reform must not be embarked upon without acknowledging the… importance of proceeding with sensitivity… to ensure that the fundamental integrity of the system, and particularly its ability to safeguard human rights, is not sacrificed to illusory notions of streamlining and efficiency.[1]
I think, a more human and emotional experience in our education would teach empathy to the new generations of human rights defenders and practitioners in the International Development field. This will help them relate to the people whom they shall serve in their work.
And, if all else fails, as it occasionally does, should we consider bridging the gap with customs, ethics, and soft law?
It is to apply rules in their strictest sense after a career that exposes you to having to face injustice on a daily basis. It is a way to escape.
Because applying the law in an orderly manner in order to achieve the desired results can be a lengthy and bureaucratic process which can be all consuming.
The amount of paper work, time and the processes one has to go through to prove their rights needs to be streamlined.
However, where do you draw the line? As Alston (1997) said:
[1] Dangerous Potential: Streamlining the United Nations Human Rights Committees. Andrew Hudson P 55-77 30th Oct 2017.