International Human Rights

International human rights law is a body of law developed by the United Nations to protect individuals from serious abuses of power by the state. It is founded on the principle that all people are entitled to dignity, equality, and fundamental freedoms, regardless of nationality, religion, gender, or political belief.

These protections become particularly important where a state fails to protect its people, actively persecutes them, or exposes them to serious harm. In the United Kingdom, international human rights principles are frequently relied upon in asylum, immigration, deportation, and protection cases.

What Is International Human Rights Law?

International Human Rights Law refers to various international treaties protecting fundamental rights which set out legal obligations that any State party must respect. These treaties are intended to prevent torture, discrimination, arbitrary detention and other serious violations. 

Core International Human Rights Instruments

International human rights protections are set out in several key United Nations instruments. Each has a specific purpose and protects individuals in different but overlapping ways.

Freedom, Dignity and Civil Rights

International Covenant on Civil and Political Rights (ICCPR)

The International Covenant on Civil and Political Rights aims to protect individuals from abuse of power by the state. Its central purpose is to safeguard personal freedoms and ensure that governments do not arbitrarily interfere with a person’s life, liberty, or identity.

It protects rights such as the right to life, freedom from torture and inhuman or degrading treatment, freedom of expression, freedom of religion and belief, protection from arbitrary arrest or detention, and the right to a fair trial.

This covenant helps individuals who are targeted for their political opinions, activism, journalism, beliefs, or peaceful opposition to the state. It is particularly relevant to those who face imprisonment, violence, or persecution for speaking out or challenging authority.

In the UK, these rights are commonly relied upon in asylum claims, human rights appeals, and challenges to removal or deportation where there is a real risk of serious harm on return.

Equality and Non-Discrimination

International Convention on the Elimination of All Forms of Racial Discrimination (ICERD)

The International Convention on the Elimination of All Forms of Discrimination seeks to ensure that all individuals are treated equally before the law and protected from discrimination by the state.

Its purpose is to eliminate discrimination based on race, ethnicity, nationality, religion, or descent. It addresses both direct discrimination and systemic discrimination, where laws or policies disproportionately harm particular groups.

This convention helps people who are marginalised or targeted because of their identity rather than their actions. It is particularly relevant to ethnic and religious minorities, stateless persons, and individuals subjected to discriminatory laws or practices.

In UK legal proceedings, non-discrimination principles are often central to asylum and human rights-based immigration cases where persecution arises from identity, background, or group membership.

Economic, Social and Cultural Rights

International Covenant on Economic, Social and Cultural Rights (ICESCR)

The International Covenant on Economic, Social and Cultural Rights recognises that human dignity cannot exist without access to basic living conditions. Its aim is to ensure that states respect and protect essential needs that allow individuals and families to live safely and with dignity.

It protects rights including access to healthcare, education, housing, work under fair conditions, and an adequate standard of living.

This covenant helps people who face severe hardship because of state neglect, exclusion, or deliberate denial of essential services. It is particularly relevant to individuals with serious medical conditions, families living in extreme poverty, and those who would face degrading living conditions if returned to their country of origin.

In the UK, these rights are often relied upon in medical-based human rights claims, vulnerability-based immigration applications, and cases involving children and family welfare.

Universal Human Rights Principles

Universal Declaration of Human Rights (UDHR)

The Universal Declaration of Human Rights sets out the fundamental principles that underpin all modern human rights law. Its purpose is to affirm that all human beings are born free and equal in dignity and rights.

Although the declaration itself is not a binding treaty, it provides the foundation for later international human rights instruments and guides how human rights obligations are interpreted and applied.

It helps individuals by establishing universal standards against which state conduct can be assessed, particularly in situations of widespread repression, lack of legal protection, or systemic abuse of power.

In the UK, the principles of the Universal Declaration underpin the European Convention on Human Rights and inform how courts and decision-makers interpret human rights obligations in asylum, immigration, and protection cases.

Who Can Be Helped Under International Human Rights Law?

International human rights law is often relied upon by individuals who face serious harm, persecution, or injustice if returned to their country of origin.

This may include political activists and protesters, journalists, writers, academics, and human rights defenders, members of ethnic, religious, or social minorities, individuals facing torture, imprisonment, or inhuman or degrading treatment, people subjected to discriminatory or oppressive laws, individuals denied access to healthcare or basic living conditions, and families at risk of separation or persecution.

How International Human Rights Law Is Applied in the UK

Although international human rights law is developed at a global level, it plays a crucial role in UK legal proceedings. UK courts and decision-makers regularly consider international human rights obligations when assessing asylum applications, human rights-based immigration claims, appeals against refusal, removal, or deportation, and cases involving risk on return.

These principles are applied alongside UK legislation and the European Convention on Human Rights to ensure that individuals are not exposed to serious harm or injustice.