p. 40418. The Protection of Human Rights
- Paola Gaeta, Paola GaetaProfessor of International Law, The Graduate Institute, Geneva
- Jorge E. ViñualesJorge E. ViñualesHarold Samuel Professor of Law and Environmental Policy, University of Cambridge
- , and Salvatore ZappalàSalvatore ZappalàProfessor of International Law, University of Catania
Abstract
This chapter surveys the process of emergence of human rights law in the post-1945 era, focusing on the major milestones, the 1948 Universal Declaration of Human Rights, the two 1966 International Covenants, and the establishment of several regional mechanisms in Europe, the Americas, and Africa. It emphasizes the tension between traditional international law and the development of human rights as a ground-breaking doctrine after the Second World War. In essence the human rights doctrines force States to give account of how they treat all individuals, including their nationals; this make States accountable for how they administer justice, run prisons, and so on. Potentially, it can subvert their domestic orders and requires them to adhere to minimum standards agreed at international level. As a further consequence, human rights doctrines have altered the traditional configuration of the international community as driven only by the interests of States.
