Limitations of Human Rights

The theory of human rights has made an enormously positive impact in our world. Through it,
lives have been saved, injustices overcome and new beginnings realised. Certain rights have
been seen as being too important to be alienated/suspended or limited at any time. These are the
non-derogable rights. According to the ICCPR, non-derogable rights are:
1. Right to life
2. Freedom from torture and cruelty
3. Freedom from slavery and servitude
4. Protection from conviction and punishment under retroactive laws
5. Freedom of thought, religion and conscience
6. Recognition as a person before the law
Some rights are expressly subject to limitation on grounds such as public order and the
protection of the rights and freedoms of others.
Any permitted measures restricting rights need to
 be prescribed by law
 be on grounds permitted in relation to the right concerned
 be a reasonable, necessary and proportionate means for pursuit of a legitimate objective.
The state is the duty bearer under human rights law. States have a duty to ensure that human
rights are respected by state authorities or state agents themselves and by citizens, corporations
and other non-state actors operating within their boundaries. They have a duty to
 Respect
 Fulfill
 Redress
 Protect these rights

ICCPR & ICESCR

The ICCPR is widely seen to encompass first generational rights. This is because they’re mainly political
and civil in nature. They seek to negatively protect an individual from the excesses of the state. They
include the right to life, freedom of speech, the right to a fair trial and equality before the law. They
were pioneered by the US Bill of Rights, Declaration of the rights of man and of the Citizen after the
1789 French Revolution and even the Magna Carta. ICCPR is monitored by the UN Human Rights
Committee which reviews regular reports on how these rights are being implemented. A country is to
report one year after ratifying then four years subsequently. The ICCPR has two additional protocols.
One establishes a complaints mechanism which individuals can complain to the HR Committee about
violations whereas the second abolishes the death penalty.
The ICESCR on the other hand are regarded as second generation rights. They’re mainly economic, social
and cultural in nature. Accords citizen equal conditions and treatments. They include right to be
employed, food, housing and healthcare. As with the ICCPR, they require the government to fulfill and
protect these rights but implementation is highly dependent on the availability of resources. The rights
are progressive in nature.

The UDHR is a document that sets out the fundamental human rights to be universally protected. The
UDHR is particularly important because for the first time human rights and its protection were brought
to an International level. Previously these were under the purview of national jurisdictions and few
questions were asked internationally. The UDHR is not legally binding but sets a benchmark of standards
to expect.

There are 7 core IHR instruments:

1. ICERD – International convention on the elimination of all forms of racial discrimination

2. ICCPR
3. ICESCR
4. CEDAW
5. CAT
6. CRC
7. ICMRW – International convention on the protection of the rights of all migrant workers and
their families

Regionally there exists the African Charter on Human & People’s Rights (Banjul Charter), African Charter
on the Right’s and Welfare of the Child.