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Human Rights Legislation.

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  • Essay length: 1307 words
  • Submitted: 19/06/2006
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University Degree International Law

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Human Rights Legislation.

The Universal Declaration of Human Rights (UDHR) was adopted on the 10th of December 1948. The declaration was not intended to impose any legal obligation on the state; rather it was proclaimed as, "a common standard of achievement for all peoples and all nations". Although it is not binding on any state, the declaration strengthens the states obligation under the UN Charter1. The fundamental principle of the UDHR, is that it is universal both in scope and in applicability. These rights are assigned, not because their government has taken up membership in some international peace-loving organisation, but rather these are seen as fundamental rights protecting the individual, simply by the virtue of being a Human. The essence of 'Human Rights' is so they impose an obligation on individuals or on states to give assistance to every other human being to attain these fundamental rights.

In context to the question posed, Human Rights provisions are interesting because if it is found that the prisoners held in Guantanamo Bay are not entitled to Prisoner of War (POW) status, (therefore not protected under the Third Geneva Convention), then their detention and treatment will have to be in

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