Relationship between International Law, Human Rights and Domestic Law

The relationship between international law, human rights, and domestic law is complex and multifaceted. International law is a set of rules and principles that govern the behaviour of states and other international actors in their interactions with each other. Human rights are inherent rights and freedoms that every individual possesses by virtue of being human. Domestic law, also known as national or municipal law, refers to the legal framework established by a state within its own territory.

International Law and Human Rights
International law plays a crucial role in the promotion and protection of human rights. It provides a framework of legal obligations that states voluntarily agree to uphold. Human rights are enshrined in various international treaties and declarations, such as the Universal Declaration of Human Rights (UDHR), the International Covenant on Civil and Political Rights (ICCPR), and the International Covenant on Economic, Social and Cultural Rights (ICESCR).

These international human rights instruments establish the basic rights and freedoms that individuals are entitled to, including the right to life, liberty, equality, non-discrimination, and freedom of expression, among others. States that have ratified these treaties are legally bound to respect, protect, and fulfil these rights for their citizens and individuals within their jurisdiction.

International human rights law sets minimum standards that states must meet, and it provides mechanisms for monitoring compliance and addressing violations. International organisations such as the United Nations (UN), regional human rights courts, and treaty bodies play a crucial role in overseeing the implementation of human rights standards at the international level.

Domestic Law and Human Rights
Domestic law refers to the legal framework established by each state within its own jurisdiction. Domestic legal systems vary across countries, but most states have constitutional provisions and legislation that protect and promote human rights. Domestic laws can be influenced by international human rights standards, and many countries incorporate these standards into their legal systems through domestic legislation or constitutional provisions.

For example, many countries have adopted bills of rights or human rights chapters in their constitutions, which guarantee fundamental rights and freedoms to their citizens. These domestic laws serve as the primary mechanism for individuals to exercise their human rights within their own countries.

Domestic legal systems also provide remedies and mechanisms for individuals to seek redress for human rights violations. This can include judicial recourse, administrative procedures, and national human rights institutions established to protect and promote human rights at the domestic level.

Relationship between International Law and Domestic Law
The relationship between international law and domestic law can vary depending on the legal system of each country. States have sovereignty and are generally free to determine how they incorporate international law into their domestic legal systems.

In some countries, international treaties and agreements automatically become part of domestic law once ratified or incorporated through domestic legislation. This is known as monism. In monist systems, international law takes precedence over conflicting domestic laws.

In other countries, international treaties and agreements are not automatically incorporated into domestic law but require legislative action to become enforceable. This is known as dualism. In dualist systems, international law and domestic law are considered separate, and international law is only binding if it has been explicitly incorporated into domestic law.

However, even in dualist systems, international law can still have an impact on domestic law. Courts may interpret domestic law in a manner consistent with international law or use international law as a persuasive authority. Additionally, domestic legislation can be enacted to implement international obligations or to fulfil treaty commitments.

It is important to note that conflicts can arise between international law and domestic law. In such cases, states may need to reconcile the differences through legal mechanisms, such as constitutional interpretation or treaty modification.

In summary, international law provides a framework for the promotion and protection of human rights, while domestic law is the legal system established by states within their own jurisdictions. Domestic law can be influenced by international human rights standards, and states have the responsibility to ensure that their domestic laws are in compliance with their international human rights obligations. The relationship between these three elements is vital for the promotion and protection of human rights globally.