How are human rights claims legally asserted?

Human rights claims are legally asserted through litigation, advocacy, and the use of international human rights instruments.

Human rights claims are primarily asserted through legal processes, often involving litigation in domestic, regional, or international courts. Individuals or groups who believe their rights have been violated can bring a case before a court, which will then determine whether a violation has occurred based on the relevant laws and precedents. This process often involves the use of lawyers or other legal professionals who are skilled in human rights law.

In addition to litigation, advocacy is another key method for asserting human rights claims. This can involve raising awareness about human rights issues, lobbying for changes in law or policy, or campaigning for the rights of specific individuals or groups. Advocacy can be carried out by individuals, non-governmental organisations (NGOs), or even states, and can take many forms, from public protests to behind-the-scenes negotiations.

The use of international human rights instruments is another important way in which human rights claims are asserted. These instruments, which include treaties, conventions, and declarations, set out the rights that individuals and groups are entitled to, and the obligations that states have to respect, protect, and fulfil these rights. By ratifying these instruments, states commit to upholding the rights they contain, and individuals or groups can use these instruments to hold states accountable for violations.

For example, an individual who believes their right to freedom of expression has been violated could bring a case before a domestic court, arguing that the state has failed to uphold its obligations under the International Covenant on Civil and Political Rights. Alternatively, they could engage in advocacy, perhaps by launching a campaign to raise awareness about the issue or lobbying for changes in the law. They could also use the Covenant itself to assert their claim, for example by submitting a complaint to the United Nations Human Rights Committee.

In conclusion, asserting human rights claims involves a combination of legal processes, advocacy, and the use of international human rights instruments. These methods are not mutually exclusive, and often complement each other in the pursuit of justice and accountability.