2. International human rights law is the body of
international law designed to promote human
rights on social, regional, and domestic levels.
As a form of international law, international human
rights law is primarily made up of treaties,
agreements between Sovereign state sintered to
have binding legal effect between the parties that
have agreed to them.
3. In primitive societies, organization was based on
communalism. The emergence of states saw the
organization and distribution of power based on
law. With this came the growth of "rights" and
evolving notions of what they constitute, and
eventually the development of "human rights law".
4. Human rights law provides the tools and
mechanisms with which these protections
and claims may be realized.
The international human rights movement
was strengthened when the United Nations
General Assembly adopted of the Universal
Declaration of Human Rights (UDHR) on 10
December 1948.
5. The rights to which migrants are entitled derive
from implicit and explicit protections that are
contained in a range of source of international
human rights law. The most significant
instruments are:
The Convention on the Protection of the rights of
All Migrants Workers and Members (ICRMW)
The Universal Declaration of Human Rights
(UDHR)
The Convention Relating to the Status of
Refugees (CSR)
6. The Convention on the Elimination of All
Forms of Racial Discrimination (CERD)
The Convention on the Elimination of All
Forms of Discrimination Against Women
(CEDAW)
The United Nations Convention Against
Torture (CAT)
The Convention on the Rights of the Child
(CRC)
7. One can think of the different mechanisms for the protection of human
rights as overlapping umbrellas of distinct sizes, positioned around the
globe. The different umbrellas are made up of the courts and monitoring
bodies of the following universal and regional human rights systems:
United Nations
UN Human Rights Council
human rights treaty bodies
independent experts known as “special procedures“
Universal Periodic Review
Africa
African Court on Human and Peoples’ Rights
African Commission on Human and Peoples’ Rights
the Americas
8. States assume obligations and duties under
international law to respect, to protect and to
fulfill human rights of migrants. The
obligation to respect means that States must
refrain from interfering with or curtailing the
enjoyment of human rights.