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International Human Rights Law Essay

Critical Race Theory is a view, held by some, that the law is one-sided and that it serves to protect the rights of the white supremacists that created the law. It is believed that a critical focus of critical race theorists is the derailing of the dominium of white supremacy and white privilege, in conjunction with the rule of law and the constitutional guarantee of the protection and promotion of equal rights to all. It further provides that racial inequality is a direct result of the socio-economic and legal differences that have been created to discriminate against people of color.

It believes that the law established by the white supremacists was done so for personal gain and to maintain white supremacy, to the detriment of other racial groups, by placing them in circumstances which are unfavorable to growth and development. Therefore critical race theorists are involved with building a movement for the elimination of discrimination against racial groups as well as eliminating group-based perceptions.

The United Nations officially came into existence in 1945 when the United Nations Charter was established. Countries such as China, the Soviet Union, the United Kingdom, the United States, and many more, were involved in formulating the United Nations Charter, as well as the Universal Declaration of Human Rights in 1948; however, Africa had given minimal input into the drafting of these international documents.

The Universal Declaration of Human Rights (UDHR) states all the fundamental rights and fundamental freedoms to which all human beings are entitled to. It declared that human is universal and are to be enjoyed by all people. It includes civil and political rights and economic, social and cultural rights. The UDHR is the foundation of International Human Rights Law which lays down obligations of Governments about their actions to promote and protect human rights fundamental freedoms of either individual or groups.

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During the 1960’s Global South countries were committed to motivating a political and legal change. They had fundamentally reoriented the international human rights system and secured important breakthroughs in international human rights law. A prime example was negotiating an agreement on international implementation measures, therefore going beyond a barrier that was restricting universal promotion of human rights.

These countries had also redefined the United Nation’s human rights framework with a renewed focus on racial discrimination as well as the elimination of religious intolerance. An important step was the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD) which condemned racial discrimination and committed

‘to the elimination of racial discrimination in all its forms.’

The United Nations has many organizations and bodies which work towards implementing equal rights in the Global South such as the Human Rights Council, who addresses situations of human rights violations and resolves the issue and also focuses on strengthening the promotion and protection of human rights globally.

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