Human Rights in the International Concept Between the Past and the Present

In this speech, I will try to address the issue of the development of human rights at the international and national levels.

It is not intended here to narrate the history of the idea of human rights or to explain in detail its content, but rather to state its main features and some aspects of its development at the international and national levels.

During the development taking place in the fields of human rights, many opinions emerged, and for years, in an attempt to classify the fields of human rights, by analyzing the phenomenon of its development as an idea and its transformation into international texts and covenants in all economic, social, political, civil, cultural and environmental fields. These ideas and opinions were formed to be determined In three stages, which include the defense and protection of many rights, namely:

The first stage: focusing on individual rights.

The second stage: the interrelationship between individual rights and collective human rights. And the third stage: balance between rights.

It should also be noted here that human rights are indivisible, and what this principle determines is that there is no human being inherently lower than another human being, and economic, social and cultural rights should be protected and respected on an equal footing with civil and political rights, and the principle of interdependence between these rights confirms. The difficulty of applying any one of the human rights in isolation from the rest.

Ladies and Gentlemen, I extend my greetings to you.

In this speech, I will try to address the issue of the development of human rights at the international and national levels.

It is not intended here to narrate the history of the idea of human rights or to explain in detail its content, but rather to state its main features and some aspects of its development at the international and national levels.

The term (rights) that we are dealing with is an international term whose features were defined in the international community, specifically within the United Nations, as a reaction to the devastating results of the Second World War. It is a term that did not constitute a new concept in the history of mankind, as it was the result of human activity trying to answer the question of injustice, suffering and oppression, and rejecting the patterns of human activity that produced this suffering. The events are old, and the work to stop this injustice is old at the same time.

The meaning of (human rights) simply refers to the rights that it is believed that all human beings should enjoy because they are human beings, and to whom this condition applies. That is, these rights are not considered a grant from the state. In no way can the state grant or prevent it. And at a time when legal systems differ from one country to another, the rights established for human beings are entitlements that are not ambiguous in international law, meaning that every country is required to amend its legal systems so as to accommodate, apply, and respect the articles of international law related to human rights.

The ancient political regimes were keen in declaring human rights to put practical guarantees for the respect and protection of these rights, and these guarantees took several forms based on the supremacy of the articles established for human rights over other laws, after they were considered mere declarations without legal value, they are usually mentioned in the introduction The constitution began to recognize it as a mandatory value, until some countries elevated it to the rank of ordinary laws. This is what we see in its best form within the existing political system in the People's Republic of China, which we see today trying to reconcile all its strategic projects, development and economic initiatives, and the foundations on which human rights were built according to the international concept of it.

During the development taking place in the fields of human rights, many opinions emerged, and for years, in an attempt to classify the fields of human rights, by analyzing the phenomenon of its development as an idea and its transformation into international texts and covenants in all economic, social, political, civil, cultural and environmental fields. These ideas and opinions were formed to be determined In three stages, which include the defense and protection of many rights, namely:

The first stage: focusing on individual rights.

The second stage: the interrelationship between individual rights and collective human rights. And the third stage: balance between rights.

It should also be noted here that human rights are indivisible, and what this principle determines is that there is no human being inherently lower than another human being, and economic, social and cultural rights should be protected and respected on an equal footing with civil and political rights, and the principle of interdependence between these rights confirms The difficulty of applying any one of the human rights in isolation from the rest.

It is generally agreed that the Universal Declaration of Human Rights is the foundation of international human rights law. The Universal Declaration of Human Rights, adopted in 1948, has inspired a rich set of legally binding international human rights treaties. It continues to inspire us all in redressing injustice, in times of conflict, in societies suffering from oppression, and in our efforts towards the universal enjoyment of human rights.

This declaration is tantamount to the international recognition that fundamental rights and fundamental freedoms are inherent in all human beings, are inalienable and apply to all in a framework of equality, and that each of us was born free and equal in terms of dignity and rights. Whatever difference there may be between us with regard to nationality, place of residence, gender, national or ethnic origin, colour, religion, language or any other status, it is to be noted that on 10 December 1948 the international community declared its commitment to uphold the right of all of us to dignity And justice.

Over the years, the relevant obligation has been transformed into law, whether in the form of treaties, customary international laws, general principles, or regional agreements and domestic laws, where human rights are expressed and guaranteed. The Universal Declaration of Human Rights has inspired more than 80 international human rights treaties and statements, along with a large number of regional human rights conventions, domestic human rights instruments and constitutional provisions as well, forming a comprehensive and legally binding system for the promotion and protection of human rights.

And based on the achievements of the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights entered into force in 1976. These two covenants brought to light most of the rights enshrined today in the Covenant, and made them effectively binding on the states that had ratified them. They include such ordinary rights as the right to life, equality before the law and freedom of expression, as well as the right to work, social security and education. In addition to the Universal Declaration of Human Rights, the two covenants include the International Bill of Human Rights.

Over time, international human rights treaties have become more focused and specialized, both on the issues under consideration and on the social groups foreseen in their need for protection. The body of international human rights law continues to grow and evolve as well, as well as to reflect the fundamental rights and freedoms contained in the International Bill of Human Rights, which means addressing concerns such as racial discrimination, torture, enforced disappearances, disabilities, and the rights of women, children, migrants, minorities, and indigenous peoples.

The basic principles of human rights, which were first mentioned in the Universal Declaration of Human Rights, such as universality, interdependence, indivisibility, equality and non[1]discrimination, along with the simultaneous inclusion by human rights of both the rights and obligations of rights holders and duty bearers, have been reiterated in many conventions International human rights declarations and resolutions. It is noted today that all member states of the United Nations have signed, at least, one of the basic international human rights treaties, and that eighty per cent of these states have ratified four or more treaties, which provides a tangible expression of the universality of the Universal Declaration of Rights human and international human rights.

International human rights law establishes obligations that states must uphold. When states become parties to international treaties, it is taken into account that they assume obligations and duties under international law related to the respect, protection and implementation of human rights. The obligation to respect means that states must refrain from interfering with or curtailing the enjoyment of human rights. As for the obligation to protect, it requires states to protect individuals and groups from human rights violations. The obligation to implement includes requiring states to take affirmative action to facilitate the enjoyment of basic human rights.

By ratifying international human rights treaties, governments undertake to put in place domestic measures and legislation that are consistent with their contractual obligations and duties. Hence, the domestic legal system provides basic legal protection for human rights guaranteed under international law. In the event that judicial procedures fail to address human rights violations, it is noted that mechanisms and procedures for individual grievances are available at the regional and international levels in order to assist in real respect, implementation and application of international human rights standards at the local level.

From all of the above, we understand that there is a complementarity between international humanitarian law and international human rights law. Both seek to protect human life, health and dignity, albeit from a different angle.

Humanitarian law applies in situations of armed conflict. While human rights, or at least some of them, protect the individual at all times, in war and peace alike. However, some human rights treaties allow governments to revoke some rights in cases of public emergency, while international humanitarian law does not allow any denunciation because it was originally designed to apply in emergency situations, namely armed conflicts.

Whereas humanitarian law aims to protect persons who do not participate or cease to participate in hostilities. Its rules impose duties on all parties to the conflict. As for human rights, designed for peacetime in the first place, they apply to everyone. Its main objective is to protect individuals from arbitrary conduct on the part of their governments, and human rights law does not deal with the conduct of hostilities.

I also see that today we need to re-read the history of international human rights law, the stages it went through, and which were not absent or absent, blocking the entrance to understanding the past, present and future of this law. These stages, in our opinion, are: First, giving global donations to human rights. Secondly, the declaration of the existence of human rights in the normal conditions of international relations. And third, to make human rights the subject of legally binding obligations. Fourth, establishing international mechanisms to implement provisions relating to human rights. Fifth, the adoption of criminal texts related to the violation of human.

Which will help in addressing the issue of human rights and contribute to the promotion and protection of these rights, and create positive reactions among the peoples who have suffered from human rights violations in them, as they are also afraid of the interference of political and selective considerations in dealing with all issues related to human rights by the influential countries in the nations The United Nations, which casts doubts about the credibility of these efforts and the real goals envisaged by them.

There is also a very important observation within this subject under discussion, which is that if I want to measure the percentage of human rights in any particular country, I must study it from the point of view of its people, their culture, their customs, traditions and their societal nature, and not compare it with other peoples and countries. Also, we must agree not to agree on a unified definition of human rights for all, as we are facing a humanitarian issue or a societal definition that may be difficult to study and measure.

Finally, I would like to point out here that human rights in my country, Iraq, constitute an important base for the democratic system in it. Therefore, governments in Iraq must always pay attention to respecting these rights and monitoring the proper exercise by Iraqi citizens of them. The stability of the political system in Iraq is based on respect for these rights. And freedoms because of the utmost importance this issue poses, and the fact that it represents a legitimate cover for international intervention in Iraq, and thus Iraq's exposure to more challenges. Human rights in Iraq after 2003, although it was provided with an unprecedented legal cover, still suffered from several problems, the most important of which is the weakness in monitoring the application of these laws mentioned in the constitution, and other problems related to the security crises that Iraq has been exposed to. social, political and economic. Despite this, during the year 2021, Iraq achieved two great successes in international forums in the field of human rights, as Iraq was chosen as the head of the Social Forum of the Human Rights Council, and the High Commissioner for Human Rights obtained a classification (A) in the Global Alliance of National Human Rights Institutions.

I hope that I have succeeded in presenting a clear conception of the general idea that I wanted to present to you today.

Excerpt from Hayder Qasim Mutar Al-Tameemi's Speech at the "Forum on Global Human Rights Governance".

(Hayder Qasim Mutar Al-Tameemi is head of the Department of Historical Studies / Chief Researcher, House of Wisdom (Bayt Al-Hikma)