UGC NET Human Rights & Duties study materials
UGC NET Human Rights & Duties study resources

UGC NET Human Rights & Duties key terms

UGC NET Human Rights & Duties · Get comfortable with the vocabulary.

Universal Declaration of Human Rights (UDHR)

A 1948 non-binding United Nations General Assembly resolution setting out thirty articles of civil, political, economic, social and cultural rights; it is the foundational statement from which later binding treaties were derived.

Related: International Covenant on Civil and Political Rights (ICCPR), International Covenant on Economic, Social and Cultural Rights (ICESCR), Soft Law
International Covenant on Civil and Political Rights (ICCPR)

A 1966 binding UN treaty obliging states to respect liberties such as life, liberty, fair trial, expression and assembly, monitored by the Human Rights Committee through state reports and individual communications under its Optional Protocols.

Related: Human Rights Committee, First Generation Rights, Derogation
International Covenant on Economic, Social and Cultural Rights (ICESCR)

A 1966 binding UN treaty covering rights to work, health, education, housing and social security, which states must realise progressively to the maximum of available resources rather than immediately in every respect.

Related: Progressive Realisation, Second Generation Rights, Optional Protocol to the ICESCR
Universal Periodic Review (UPR)

A mechanism of the UN Human Rights Council under which every UN member state's human rights record is peer-reviewed roughly every four to five years, based on national reports, treaty body information and stakeholder submissions.

Related: Human Rights Council, Special Procedures, Treaty Body
Human Rights Council

A forty-seven-member intergovernmental body of the United Nations, created in 2006 to replace the Commission on Human Rights, that promotes and monitors human rights and conducts the Universal Periodic Review.

Related: Universal Periodic Review (UPR), Special Procedures, Human Rights Committee
Treaty Body

A committee of independent experts created by a specific UN human rights treaty to monitor compliance by states parties, typically through periodic state reports, general comments and, where permitted, individual complaint procedures.

Related: Human Rights Committee, General Comment, Individual Communication
Human Rights Committee

The eighteen-member expert body supervising the ICCPR; despite its name it is a treaty-monitoring committee, not a UN political organ, and it issues general comments and views on individual communications.

Related: International Covenant on Civil and Political Rights (ICCPR), General Comment, Individual Communication
Special Procedures

Independent experts appointed by the UN Human Rights Council, working as special rapporteurs, independent experts or working groups, who examine thematic or country situations and report publicly with recommendations.

Related: Human Rights Council, Universal Periodic Review (UPR), Fact-Finding Mission
General Comment

An interpretive statement issued by a UN treaty body explaining the content of a treaty provision and the obligations it creates, used to guide states and practitioners although not formally binding.

Related: Treaty Body, Soft Law, Human Rights Committee
Individual Communication

A complaint filed by or on behalf of an individual alleging a state party has violated a treaty right, admissible only where the state has accepted the relevant optional protocol or article and domestic remedies are exhausted.

Related: Optional Protocol, Exhaustion of Local Remedies, Treaty Body
Optional Protocol

A separate treaty instrument attached to a parent convention that states may choose to ratify, often creating complaint procedures, inquiry powers or, in the case of the CRC, a communications mechanism on children's rights.

Related: Individual Communication, Optional Protocol to the ICESCR, Reservation
Optional Protocol to the ICESCR

A 2008 instrument permitting the Committee on Economic, Social and Cultural Rights to receive individual and group communications, conduct inquiries and consider inter-state complaints regarding economic and social rights.

Related: International Covenant on Economic, Social and Cultural Rights (ICESCR), Individual Communication, Optional Protocol
Reservation

A unilateral statement by a state when ratifying a treaty purporting to exclude or modify the legal effect of certain provisions, valid only if compatible with the treaty's object and purpose.

Related: Optional Protocol, Vienna Convention on the Law of Treaties, Derogation
Derogation

The temporary suspension of certain treaty obligations during a declared public emergency threatening the life of the nation, permitted only if officially proclaimed and consistent with other international obligations, and never for non-derogable rights.

Related: Non-Derogable Rights, Limitation Clause, International Covenant on Civil and Political Rights (ICCPR)
Non-Derogable Rights

Rights that may not be suspended even during a public emergency, including under the ICCPR the right to life, freedom from torture and slavery, freedom from retroactive criminal liability and recognition as a person before the law.

Related: Derogation, Jus Cogens, Absolute Right
Limitation Clause

A treaty provision allowing a right to be restricted for specified legitimate purposes, such as public order or morals, provided the restriction is prescribed by law, necessary and proportionate to the aim pursued.

Related: Derogation, Proportionality, Absolute Right
Absolute Right

A right that admits no limitation or balancing for any purpose, such as the prohibition of torture and cruel, inhuman or degrading treatment, which cannot be justified by security or emergency considerations.

Related: Non-Derogable Rights, Limitation Clause, Jus Cogens
Jus Cogens

Peremptory norms of general international law accepted and recognised by the international community as norms from which no derogation is permitted, such as prohibitions of genocide, slavery and torture.

Related: Non-Derogable Rights, Customary International Law, Absolute Right
Customary International Law

Rules arising from a general and consistent practice of states followed from a sense of legal obligation (opinio juris), binding all states regardless of treaty ratification; parts of human rights law have this status.

Related: Jus Cogens, Vienna Convention on the Law of Treaties, Soft Law
Soft Law

Non-binding instruments such as declarations, guidelines, principles and general comments that shape expectations and may crystallise into customary or treaty law, but are not directly enforceable in themselves.

Related: Universal Declaration of Human Rights (UDHR), General Comment, Customary International Law
First Generation Rights

Civil and political liberties, such as life, liberty, equality, expression and fair trial, historically associated with limitations on state power and often framed as immediately enforceable.

Related: Second Generation Rights, Third Generation Rights, International Covenant on Civil and Political Rights (ICCPR)
Second Generation Rights

Economic, social and cultural rights, such as work, health, education and social security, which emerged with industrialisation and are generally subject to progressive realisation rather than immediate full attainment.

Related: First Generation Rights, Progressive Realisation, Third Generation Rights
Third Generation Rights

Collective or solidarity rights, including development, a clean environment, peace and self-determination, which are held by groups or peoples and are largely articulated in soft law instruments.

Related: First Generation Rights, Second Generation Rights, Right to Development
Progressive Realisation

The principle that economic, social and cultural rights are to be achieved over time to the maximum of available resources, while imposing immediate duties such as non-discrimination and avoiding deliberate retrogression.

Related: International Covenant on Economic, Social and Cultural Rights (ICESCR), Minimum Core Obligations, Second Generation Rights
Minimum Core Obligations

The essential levels of each economic and social right, such as basic primary health care, shelter and education, that every state must satisfy regardless of resource constraints.

Related: Progressive Realisation, International Covenant on Economic, Social and Cultural Rights (ICESCR), General Comment
Right to Development

A collective right, articulated in the 1986 UN Declaration, entitling every person and all peoples to participate in, contribute to and enjoy economic, social, cultural and political development in which all rights are realised.

Related: Third Generation Rights, Self-Determination, Soft Law
Self-Determination

The right of peoples freely to determine their political status and pursue their economic, social and cultural development, recognised in common Article 1 of the two 1966 covenants and in the UN Charter.

Related: Right to Development, Third Generation Rights, International Covenant on Civil and Political Rights (ICCPR)
Non-Discrimination

The principle requiring that rights be enjoyed without distinction of race, sex, language, religion, national or social origin or other status; it is an immediate obligation cutting across all human rights treaties.

Related: Equality Before the Law, CEDAW, Reasonable Accommodation
CEDAW

The 1979 Convention on the Elimination of All Forms of Discrimination against Women, obliging states to eliminate discriminatory laws, practices and stereotypes and monitored by a dedicated committee of experts.

Related: Non-Discrimination, Reservation, Treaty Body
Convention on the Rights of the Child (CRC)

The 1989 treaty setting out children's civil, political, economic, social and cultural rights, guided by the best interests principle, the right to life and development, non-discrimination and respect for the child's views.

Related: Best Interests of the Child, Optional Protocol, Treaty Body
Best Interests of the Child

A guiding principle of the CRC requiring that, in all actions concerning children by public or private bodies, the child's best interests be a primary consideration, weighed against other relevant factors.

Related: Convention on the Rights of the Child (CRC), Non-Discrimination, General Comment
Refoulement

The return of a refugee or asylum seeker to a territory where their life or freedom would be threatened; the principle of non-refoulement prohibits such return and is widely treated as customary law.

Related: 1951 Refugee Convention, Asylum, Customary International Law
1951 Refugee Convention

The UN treaty defining a refugee as a person outside their country with a well-founded fear of persecution for specified reasons, and setting out rights of refugees and states' protection obligations.

Related: Refoulement, Asylum, Statelessness
Asylum

Protection granted by a state to a foreign national on its territory who flees persecution or serious harm, encompassing admission, non-return and treatment consistent with international standards.

Related: Refoulement, 1951 Refugee Convention, Internal Displacement
International Humanitarian Law (IHL)

The body of rules, principally the Geneva Conventions and their Additional Protocols, governing the conduct of armed conflict, protecting non-combatants and limiting means and methods of warfare.

Related: Geneva Conventions, Distinction, International Criminal Court (ICC)
Geneva Conventions

Four 1949 treaties, supplemented by three Additional Protocols, protecting wounded and sick soldiers, shipwrecked persons, prisoners of war and civilians during armed conflict, with grave breaches treated as war crimes.

Related: International Humanitarian Law (IHL), International Criminal Court (ICC), Distinction
Distinction

A core principle of international humanitarian law requiring parties to distinguish at all times between civilians and combatants and between civilian objects and military objectives, directing operations only against the latter.

Related: International Humanitarian Law (IHL), Proportionality, Geneva Conventions
International Criminal Court (ICC)

A permanent court established by the 1998 Rome Statute with jurisdiction over genocide, crimes against humanity, war crimes and aggression, operating on the principle of complementarity to national courts.

Related: Rome Statute, Complementarity, Crimes Against Humanity
Complementarity

The principle under the Rome Statute that the International Criminal Court will act only where national jurisdictions are unwilling or genuinely unable to investigate and prosecute the same conduct.

Related: International Criminal Court (ICC), Rome Statute, Universal Jurisdiction
Universal Jurisdiction

The assertion of criminal jurisdiction by a state over certain grave offences, such as torture, piracy or genocide, regardless of where the crime occurred or the nationality of perpetrator or victim.

Related: International Criminal Court (ICC), Jus Cogens, Complementarity
National Human Rights Institution (NHRI)

A state-established body, ideally independent and pluralist, mandated to promote and protect human rights; the Paris Principles set the standards for its status and accreditation.

Related: Paris Principles, Human Rights Council, Universal Periodic Review (UPR)
Paris Principles

Standards adopted in 1993 governing the independence, pluralism, mandate and resources of national human rights institutions, used to accredit them with A, B or C status.

Related: National Human Rights Institution (NHRI), Soft Law, Human Rights Council
Human Rights Education

Education, training and information aimed at building a universal culture of human rights, in which people understand their rights and the mechanisms protecting them and develop attitudes of respect for others.

Related: Universal Declaration of Human Rights (UDHR), Duties and Responsibilities, Right to Education
Duties and Responsibilities

The obligations of individuals and communities toward others and the common good, recognised in Article 29 of the UDHR and in the African Charter, and balanced against the enjoyment of rights.

Related: Human Rights Education, Solidarity Rights, African Charter on Human and Peoples' Rights
African Charter on Human and Peoples' Rights

The 1981 regional treaty, also called the Banjul Charter, protecting individual rights alongside peoples' rights and expressly imposing duties on individuals toward family, society and the state.

Related: Duties and Responsibilities, Third Generation Rights, Regional Human Rights System
European Convention on Human Rights (ECHR)

A 1950 regional treaty of the Council of Europe protecting civil and political rights, enforced through the European Court of Human Rights, which hears individual applications after domestic remedies are exhausted.

Related: European Court of Human Rights, Regional Human Rights System, Exhaustion of Local Remedies
European Court of Human Rights

The Strasbourg court that delivers binding judgments on alleged violations of the European Convention, may award just satisfaction and has developed doctrines such as the margin of appreciation.

Related: European Convention on Human Rights (ECHR), Margin of Appreciation, Exhaustion of Local Remedies
Margin of Appreciation

A doctrine of the European Court of Human Rights allowing states a degree of latitude in interpreting and applying convention rights, varying with the nature of the right and the importance of the aim pursued.

Related: European Court of Human Rights, Proportionality, Limitation Clause
Exhaustion of Local Remedies

A condition of admissibility requiring a complainant to use available and effective domestic avenues before an international body will consider the case, except where remedies are unreasonably prolonged or plainly futile.

Related: Individual Communication, European Court of Human Rights, Optional Protocol
Proportionality

The test that a restriction on a right must be suitable for and necessary to achieve a legitimate aim and must not impose burdens disproportionate to the benefit sought, balancing individual harm against public interest.

Related: Limitation Clause, Margin of Appreciation, Distinction
Right to Education

The right, recognised in the ICESCR and CRC, to free and compulsory primary education, accessible secondary and higher education, and schooling directed to the full development of the human personality.

Related: Progressive Realisation, Human Rights Education, Minimum Core Obligations
Right to Life

The most fundamental civil right, protected by the ICCPR and regional treaties, prohibiting arbitrary deprivation of life and, in some jurisdictions, restricting or barring the death penalty.

Related: Non-Derogable Rights, Absolute Right, International Covenant on Civil and Political Rights (ICCPR)
Freedom of Expression

The right to hold opinions and to seek, receive and impart information and ideas through any medium, subject to lawful and proportionate restrictions for the rights of others, public order or national security.

Related: Limitation Clause, Proportionality, Right to Privacy
Right to Privacy

The right to be free from arbitrary or unlawful interference with one's private life, family, home and correspondence, increasingly applied to data protection, surveillance and informational self-determination.

Related: Freedom of Expression, Limitation Clause, European Convention on Human Rights (ECHR)
Prohibition of Torture

An absolute and non-derogable prohibition on intentionally inflicting severe pain or suffering for purposes such as obtaining information or punishment, recognised in the UN Convention against Torture and customary law.

Related: Absolute Right, Non-Derogable Rights, Jus Cogens
Human Rights-Based Approach

A framework for policy and development that makes human rights principles, such as participation, accountability, non-discrimination, empowerment and legality, central to the design and evaluation of interventions.

Related: Non-Discrimination, Human Rights Education, Duties and Responsibilities