Human rights and law
introduction
This course examines the evolution of human rights and humanitarian law, subsequently delving into the European Convention on Human Rights (ECHR). The position of human rights in the United Kingdom and the impact of the Human Rights Act of 1998 will also be analyzed.
This OpenLearn course represents an example of level 1 study in Law.
At the end of this course, you should be able to:
- Understand the historical growth of the idea of human rights.
- Demonstrate an awareness of the international context of human rights.
- Demonstrate an awareness of the situation of human rights in the United Kingdom before 1998.
- Understand the importance of the Human Rights Act of 1998.
- Analyze and evaluate concepts and ideas.
The course will analyze the concept of law in its broadest sense:
The freedom to do something or to be protected from something. A claim to do or enjoy something. The power to do something that affects others and not to be challenged for that use of power.
This concept of rights defines the position of an individual and does not consider collective or majority rights. As you may already know, the subject of rights, and particularly human rights, is a growing area. There are several differing academic opinions, as ideas about rights change and expand alongside changes and developments in society.
Activity 1: Rights Time: 0 hours 15 minutes
The following table lists the articles and corresponding rights established by the European Convention on Human Rights (ECHR). Look at that table and think of an example of a right for each of the three categories below:
The freedom to do something or to be protected from something. A claim to do or enjoy something. The power to do something that affects others and not to be challenged for that use of power.
Table 1: Articles of the European Convention and corresponding rights
| ECHR Article | Right |
|---|---|
| 2 | Right to life |
| 3 | Right to be free from torture and inhuman or degrading treatment |
| 4 | Freedom from slavery and forced labor |
| 5 | Right to liberty and security of person |
| 6 | Right to a fair trial |
| 7 | Freedom from retroactive penalty |
| 8 | Right to respect for private and family life, home, and correspondence |
| 9 | Freedom of thought, conscience, and religion |
| 10 | Freedom to receive and impart ideas and information |
| 11 | Freedom of association |
| 12 | Right to marry and to found a family |
| 13 | Right to an effective remedy |
| 14 | Right to enjoy the rights set forth in the Convention without discrimination |
| Protocol 1 Article 1* | Right to peaceful enjoyment of possessions |
| Protocol 1 Article 2 | Right to education |
| Protocol 1 Article 3 | Right to free and fair elections |
| Protocol 4 Article 1 | Prohibition of imprisonment for debt |
| Protocol 6 Article 1 | Abolition of the death penalty |
| Protocol 7 Article 2 | Right of appeal in criminal matters |
| Protocol 7 Article 3 | Right to compensation for wrongful conviction |
A total of 14 protocols have been added to the original ECHR. These reflect evolving cultures and needs.
2.1 Treaties, Conventions, and Constitutions
International human rights are part of a broader area of study, public international law, which generally encompasses the law relating to the legal rights, duties, and powers of a national state in relation to its dealings with other national states. These rights, duties, and powers are established in international treaties or conventions. Such treaties and conventions can be global in their application or limited to certain regions of the world. An analysis of international human rights treaties would reveal over fifty different treaties, conventions, and protocols (instruments that make changes to a treaty or convention).
Box 1: The Verdict on Public International Law
As this course (and other W100 courses available on OpenLearn: Europe and the Law, Judges and the Law, Making and Using Rules) examines rules, rights, and justice, it is appropriate to note for a moment that there are academic debates on the very existence of the concept of public international law. Individual national states are sovereign in the legislative process, and there is no international legislative body or court capable of enacting and enforcing binding laws for every national state in the world. This inevitably questions the status of international agreements and treaties, which are negotiated and agreed upon between national states. If there is no system to enforce or control such agreements, then what is the purpose of negotiating them? The answer to this question is that generally, there is a level of standard to which states adhere to gain acceptance within the world order. Any state that does not meet these standards risks incurring public condemnation from the United Nations or other nations whose acceptance and support (financial or political) that particular national state seeks.
At the end of the 17th century, major political, social, and economic upheavals saw the emergence of new democracies with written constitutions. Documents such as the American Declaration of Independence and the French Declaration of the Rights of Man and Citizen began to lay the foundations for the recognition of rights such as freedom of speech and assembly. In these documents, one can see the development of modern international human rights law. Although these documents differed in their detailed content, they were supported by some general principles:
- Every human being has certain rights, which they possess by virtue of their humanity.
- No one can be deprived of these rights.
- The rule of law must be recognized. The rule of law requires that just laws be applied consistently, independently, impartially, and with due process. Laws are considered just when made in accordance with a fair and democratic procedure.
© United Nations Photo Library
Figure 1: The Universal Declaration of Human Rights (the full text can be read on the United Nations website)
Such principles are often found in the written constitutions of national states. The media often use the American constitution as an example of a written constitution, but many other countries have similar constitutions, such as Australia, Canada, India, Italy, and South Africa. The United Kingdom has an unwritten constitution: in the UK, there is no single source of constitutional rights. It has been argued that this means there is greater flexibility and therefore greater protection of rights in the UK.
This is a topic we will return to later in this course when we examine the incorporation of the European Convention on Human Rights into UK law.
Each national state is considered sovereign, with complete freedom to deal with its citizens and territory. There may be a written constitution with rights for citizens or an unwritten constitution where rights are created through practice and custom. International law imposes constraints on national states. The development of international human rights law has been slow and incremental. Initially, national states entered into international pacts and agreements concerning trade and borders, matters that were in their personal interest and ensured stability and cooperation. The growth of international human rights law has been gradual and only emerged in the recognized forms today at the end of the 19th century. Since then, there has been enormous growth in the recognition of human rights. Today, there are numerous treaties and organizations for the protection of such rights. These include regional organizations: European, American, African, Asian, and Arab. Fundamental charters include the Universal Declaration of Human Rights, the European Convention on Human Rights, the American Convention on Human Rights, and the African Charter on Human and Peoples’ Rights. In turn, there has been a growth in international courts and tribunals.
International Concerns on Human Rights: Slavery
Some of the earliest international concerns regarding human rights, as we recognize them today, were expressed regarding slavery in the late 18th century. The Somerset case of 1772 questioned the acceptance of slavery in the United Kingdom. This case is considered a turning point, as it was followed by the abolition of slavery in the UK. From this change in social, political, and legal attitudes towards slavery, a movement was born that sought to prohibit slavery internationally.
At that time, it was not possible to guarantee the freedom of slaves in all countries as different nations had different political and social attitudes. One of the first steps was to try to abolish the slave trade, with the aim of preventing a further increase in the number of slaves. In the following century, many countries abolished slavery. The League of Nations, established by the Treaty of Versailles in 1919 to promote international peace and security and ensure the rights of minorities, proclaimed among its goals the complete suppression of slavery in all its forms and the slave trade by land and sea.
Slavery and all associated practices are condemned by Article 4 of the Universal Declaration of Human Rights, Article 4 of the European Convention on Human Rights, Article 5 of the African Charter on Human and Peoples’ Rights, and Article 6 of the American Convention on Human Rights.
These rights have evolved over the past 250 years, and the prohibition against slavery is now well established in international law. The current challenge is not agreeing that slavery should be prohibited, but ensuring that such international norms are applied and respected.
Humanitarian Law: Growth and Development
Humanitarian law represents another significant area in the growth of international recognition of human rights. In the 19th century, Henri Dunant, a Swiss philanthropist, observed the atrocities committed during numerous battles by the armies of national states. These experiences prompted him to create a permanent system of humanitarian aid, where private societies would complement the work of the military medical corps of national states.
In 1863, a conference of sixteen national states decided to adopt the emblem of a red cross on a white background (the reverse of the Swiss flag) as a symbol of humanitarian aid. The following year, in 1864, twelve national states signed the Geneva Convention, committing to:
- Respect the neutrality of military hospitals and their personnel.
- Care for sick and wounded soldiers, regardless of their nationality.
- Respect the emblem of the Red Cross.
This convention represented an important step towards international humanitarian protection, and its coverage has extended over time to include, for example, prisoners of war.
Recognition and Respect for Human Rights
The recognition of the conditions of the sick and wounded, along with the care of prisoners of war, has become a matter of interest in international law. This development has significantly contributed to the processes in which respect for the individual has become central and the respect for human rights a generally recognized international obligation.
The creation and expansion of humanitarian law have thus laid the foundations for a global system of protection and respect for human rights, establishing norms and principles that national states are required to uphold in situations of armed conflict and humanitarian emergencies.
Part A: Development of Humanitarian Law and Human Rights
Part A explored the development of humanitarian law and human rights. The progress of new democracies with written constitutions laid the foundation for the general recognition of rights such as freedom of speech. Some fundamental principles have emerged:
Intrinsic Human Rights
There are specific rights that a human being possesses simply by belonging to the human species. These rights are inalienable and do not depend on any external factor.
Inalienability of Rights
Such rights cannot be denied or taken away. They are inherent to the human being and must be respected and protected under all circumstances.
Rule of Law
The rule of law must be recognized and respected. This principle implies that just laws are applied consistently, independently, and impartially, with due process. Laws must be created and applied in accordance with a fair and democratic procedure.
These principles represent the foundation of modern international human rights law, which continues to evolve and strengthen through treaties, conventions, and the constant practice of humanitarian law.
Overview of the United Kingdom’s Perspective on Human Rights
In the United Kingdom, the issue of human rights has historically been addressed through the development of common law and the recognition of the supremacy of Parliament as the preeminent legislative body. Over the centuries, the lack of specific human rights legislation has posed an obstacle to the full development of such rights in England and Wales. However, the courts have sought to bridge this gap by developing common law to address issues related to individuals’ fundamental rights.
Historical Evolution
Supremacy of Parliament: By the late 17th century, the supremacy of the British Parliament was clearly established in the political and legal system. This meant that the courts considered themselves bound by Parliament’s legislation, preventing them from contravening clear and unequivocal laws.
Fundamental Rights: There was no written declaration of fundamental rights similar to those present in other written constitutions of countries like the United States. Individuals’ rights were generally limited only to the extent that Parliament had deliberately decided to do so.
Judicial Interventions: With the introduction of the Human Rights Act of 1998, the United Kingdom began to more formally integrate the principles of the European Convention on Human Rights into domestic law. This act allowed British courts to address cases where people’s rights were at stake, sometimes leading to decisions that contradicted the actions or laws of the government.
Legal and Social Implications
Landmark Cases: After 1998, numerous cases were brought against the British government, particularly against the Home Secretary, for violations of human rights guaranteed by the European Convention on Human Rights.
Role of the Courts: The courts have continued to play a crucial role in balancing individual rights with the interests of the state, often producing jurisprudence that has strengthened the protection of human rights in the United Kingdom.
Legislative Evolution: The introduction of regulations such as the Human Rights Act has influenced the interpretation and application of the law in the United Kingdom, highlighting a greater focus on human rights and their protection in the national legal context.
This historical and legislative framework provides a crucial background for understanding how the United Kingdom has addressed and continues to address human rights issues, integrating international norms and balancing national interests with international responsibilities.
IMPACT OF THE ECHR ON ENGLISH LAW BEFORE THE HUMAN RIGHTS ACT OF 1998
Before the Human Rights Act of 1998, the European Convention on Human Rights (ECHR) had a significant but indirect influence on English law. The UK ratified the ECHR in 1951, and although it did not have direct effect in domestic courts, individuals could still bring cases to the European Court of Human Rights (ECtHR) in Strasbourg if they believed their rights under the Convention were violated.
Key Points:
Incorporation: Unlike in some other European countries, the ECHR was not initially directly incorporated into English law. This meant that domestic courts could not strike down legislation that conflicted with the Convention.
HRA 1998: Before the Human Rights Act (HRA) came into force, English courts had limited powers to consider human rights issues. If a domestic law conflicted with the ECHR, courts could issue a declaration of incompatibility, signaling to Parliament that the law needed amendment, but they could not change the law themselves.
ECtHR Jurisprudence: Despite the indirect nature of the ECHR’s influence, decisions from the ECtHR could influence English courts and lawmakers. Cases like R v. Secretary of State for the Home Department, ex parte Brind (1991) demonstrated how ECtHR decisions could lead to changes in English law or government policy.
Political and Legal Pressure: The UK government and legal community faced pressure from Europe and domestically to align laws and practices with the ECHR standards, even before the HRA. This pressure often led to reforms or adjustments in policies to comply with human rights norms.
Impact on Public Discourse: The ECHR’s principles and decisions contributed to shaping public debates on human rights issues in the UK, fostering a growing awareness and discussion of rights protections.
In summary, before the Human Rights Act of 1998, while the ECHR did not have direct legal effect in English courts, its principles and decisions from the ECtHR influenced legal and policy developments in the UK, laying the groundwork for the more direct incorporation and enforcement of human rights under the HRA.
Part 2 Insights on law enforcement
Below are some examples of regional human rights standards regarding the use of force. Take a moment to explore the region that interests you.
AFRICA
The African Commission on Human and Peoples’ Rights has issued specific guidelines on law enforcement’s control of assemblies in Africa:
21.1.2. The use of force must be an exceptional measure. Law enforcement officials must apply non-violent methods before considering the use of force and firearms. These means can only be used if other methods to achieve legitimate law enforcement objectives are ineffective or unlikely.
21.1.3. When the use of force is unavoidable, law enforcement must minimize harm and injury, preserve human life, and provide immediate assistance to injured persons, informing their next of kin.
21.2.1. Assembly operations must be planned with tactical measures to avoid the use of force. If the use of force is necessary, it must be proportionate, and commanding officers must ensure that all precautions have been taken.
EUROPE
The European Code of Police Ethics emphasizes:
The police may use force only when strictly necessary for legitimate objectives.
It is the duty of the police to verify the legality of the actions they intend to undertake.
AMERICAS
The principles on persons deprived of liberty in the Americas state:
Principle XXIII, 2. The staff of detention centers must not use force or coercive means except in exceptional, serious, urgent, and necessary cases, as a last resort to ensure safety and internal order, protecting the fundamental rights of detainees, staff, and visitors.
These standards reflect the commitment of the African, European, and American regions to limit the use of force by law enforcement to necessary and proportionate situations, while ensuring the respect of fundamental human rights.
The Declaration on Human Rights of the Association of Southeast Asian Nations (ASEAN), adopted by the ten ASEAN member states in 2012, is not cited in this course because Amnesty International considers it incompatible with international human rights law and standards. In particular, its overarching “General Principles” grant broad powers to governments to violate rights.
Principle No. 9 of the United Nations Basic Principles on the Use of Force and Firearms by Law Enforcement Officials clearly outlines the circumstances under which the use of firearms by police officers is justified. Here is a summary of its guidelines:
Self-defense: Officers may use firearms to defend themselves or others against an imminent threat of death or serious injury.
Prevention of serious crimes: Firearms can be used to prevent the commission of a particularly serious crime that poses a serious threat to life.
Arrest of dangerous individuals: It is permissible to use firearms to arrest a person posing an immediate threat and resisting authority, only when less extreme means are insufficient to achieve this objective.
Prevention of escape: Firearms may be used to prevent the escape of a person only if there is a serious risk that they may seriously endanger the lives of others.
In all cases, the intentional use of firearms must be strictly unavoidable to protect life. These principles reflect the international regulatory approach aimed at limiting the use of firearms by law enforcement to exceptional and strictly necessary circumstances, in accordance with the principles of proportionality and necessity.
The police must protect life, including those they are attempting to stop or arrest. Firearms are designed to kill, and any use of a firearm is considered potentially lethal. Even a shot aimed at the legs can cause death due to severe blood loss if it hits a major blood vessel. Therefore, based on the principles of necessity and proportionality, law enforcement officers are allowed to use lethal force only in entirely exceptional circumstances:
- It is justified to risk someone’s life only if it serves to save another life (principle of proportionality).
- It must be the last resort, with no other less damaging and likely effective means available (principle of necessity).
A firearm is a weapon designed to take a life. A rifle or handgun is almost always considered a firearm, as their standard ammunition load is designed to be lethal. A hunting rifle can be a firearm if loaded with ball or other lethal ammunition but may not be if loaded with tear gas, pepper spray, or other less lethal rounds.
The threshold for the use of firearms is governed by international standards, particularly the United Nations Basic Principles on the Use of Force and Firearms by Law Enforcement Officials, and directly applies the principles of necessity and proportionality.
Law enforcement officers should not use firearms against individuals unless it is in self-defense or defense of others against imminent threat of death or serious injury, to prevent the perpetration of a particularly serious crime posing a grave threat to life, to arrest a person presenting such danger who resists authority, or to prevent their escape, and only when less extreme means are insufficient to achieve these objectives. In any case, intentional lethal use of firearms can only be justified when strictly unavoidable to protect life.
United Nations Basic Principles on the Use of Force and Firearms by Law Enforcement Officials, Principle No. 9
The Basic Principles do not define “serious injuries,” but generally refer to injuries that endanger life or alter it significantly, such as loss of limb or loss of organ function. In many cases, a police officer cannot know or assess at that precise moment whether a threat, such as an attack, could cause serious injury or death. Serious injuries should therefore be considered a threat of seriousness comparable to a threat to life. It is essential that national legislation clearly states that only a threat of death or serious injury, and not any other threat below this threshold, justifies the use of a firearm.
However, the risk of a lethal outcome does not mean that the person’s death should be assumed from the outset. It should be considered an undesirable outcome, and law enforcement officers must take every precaution to prevent loss of life.
Law enforcement officers must not use firearms against individuals except to prevent the perpetration of a particularly serious crime that poses a serious threat to life, to arrest a person who presents such danger and opposes their authority, or to prevent their escape, and only when less extreme means are insufficient to achieve these objectives.
United Nations Basic Principles on the Use of Force and Firearms by Law Enforcement Officials, Principle No. 9
When police intervene to prevent a crime, the use of firearms can only be justified to prevent a crime that poses a serious threat to life. It would not be proportional to use a firearm to prevent other types of crime, such as property crimes or even crimes that endanger people physically, unless it can reasonably be concluded that the suspect, if allowed to escape, would pose a threat to another person’s life. In practice, this can apply only in a minimal number of cases, such as a serial killer who, if allowed to escape, would reasonably continue to kill other people (of course, only if there are no other less damaging means available to prevent escape). In other circumstances, if they cannot prevent it without using lethal force, the police should let the suspect escape.
The principle of “protection of life” requires that lethal force cannot be intentionally used solely to protect law and order or to serve other similar interests (e.g., it cannot be used solely to disperse protests, arrest a suspected criminal, or safeguard other interests such as property). The primary goal must be to save lives. In practice, this means that only the protection of life can satisfy the proportionality requirement where lethal force is intentionally used, and protection of life can be the only legitimate objective for the use of such force. A fleeing thief who poses no immediate danger cannot be killed, even if it means the thief will escape.
Report of the United Nations Special Rapporteur on extrajudicial, summary or arbitrary executions, A/HRC/26/36, para. 72
While any use of a firearm carries a significant risk of causing death, intentional lethal use of a firearm refers to using a firearm in a way that will definitively cause the immediate death of the person, with no chance of survival. For example, a “sharpshooter” aiming at a person’s head or a police officer firing multiple shots into the central body mass of a person until they stop moving.
Such use of firearms can be authorized only in the most extreme situation of life-threatening danger, where only the death of the dangerous person can prevent loss of life for another person who is imminently threatened. In any case, the person’s death must always be a means to an end (preventing loss of another life) and never an end in itself.
Extrajudicial executions are deliberate and illegal killings carried out on the orders of a government or with its complicity or acquiescence, or by a state official or agent acting without orders. Extrajudicial executions can be carried out by regular military or police forces, by special units created to operate without normal supervision, or by civilian agents working with government forces or with their complicity. Extrajudicial executions are sometimes carried out beyond international borders.
If intent to kill cannot be established, homicide may still be unlawful.
Part 3: Defending Dignity and Our Rights
Part 4 HOW TO TAKE ACTION
Often, the human rights movement has focused on exposing human rights violations, calling out and shaming governments and corporations that violate human rights as a way to ensure accountability and prevent further violations in the future.
In an era of rampant misinformation, telling people they are wrong can actually reinforce their opinions if it conflicts with their values and beliefs. So, how can we communicate human rights more effectively?
Plant Hope, Not Fear
Years of research show that human rights communication must also focus on hope and opportunity, not just fear and threats.
Positive Statements
Example: “You care about human rights and want to find solutions to human rights violations.”
To solve any problem, it is necessary to focus on solutions, not just on the problems. This is also true when dealing with human rights abuses. While it is essential to expose violations, we must also show how to resolve them. Positive communication means focusing on what we truly want, not just condemning others.
Building on Existing Commitments
Example: “Because you care about your family, you also care about human rights.”
Everyone has commitments in life and is likely to take actions that support them. For some, their biggest commitment might be protecting their family or improving their reputation among peers. Finding ways to connect those commitments to human rights can be an effective way to gather support.
Social Norming
Example: “People in your community are taking action for human rights.”
We are all influenced by social norms—the rules that define what is considered normal behavior for people like us. This happens both consciously and unconsciously. To expand support for human rights, it can be helpful to show that MANY people, including those similar to the person you are speaking to, are standing up for human rights in their community. Everyone can be a human rights defender.
What other strategies come to mind that have proven effective in communicating human rights in your context?
In 2012, a silent march interrupted a peaceful summer morning on the beautiful Rabbit Island in Lampedusa, southern Italy, where thousands of migrants arrive every week. The core of the campaign was the pact between Italy and Libya, eventually agreed upon in February 2017, which authorized authorities to return migrants to a country where humanitarian agencies report they face torture and abuse.
In 2023, eleven years after this campaign, the situation for migrants and asylum seekers has not improved and has led to the deaths of many, including women and children, as well as violations of the rights outlined in the Universal Declaration of Human Rights. Amnesty International has urged the European Union to stop assisting in returning people to the hellish conditions in Libya.
Let’s explore some ideas on how to communicate human rights more effectively to others.
STEP 1 – Identify a Problem
Learn more about the issue and how people in your community feel about it. Read newspapers, magazines, books, reports, and social media on the subject, or contact relevant officials for information.
STEP 2 – Choose Your Action
After analyzing the local context, brainstorm ways to reach as many people as possible.
Think of various ideas, even if they seem unusual. Then, choose one or two approaches that seem the most feasible and are likely to make a difference.
Here are some examples for inspiration:
Raise Awareness – Use social media platforms to spread awareness about a human rights issue. Choose a catchy, simple, and meaningful slogan to reach as many people as possible.
Amplify Voices – Interview people affected by the issue you’ve chosen and, with their consent, publish the results.
Influence Opinions – Write a letter to the press, an article for a magazine, or a blog post to shape opinions and reach a wider audience.
Evoke Empathy – Write a poem, design a mural, compose a song, or paint a picture. Art can be a powerful way to tell stories and evoke empathy.
Speak Up – Use your voice and speak out when you witness racism or hate speech in your daily life. Your courage could inspire others to follow your example.
Disrupt Routines – Take action in the streets or other public spaces! Try “Guerrilla Theatre” with spontaneous and unexpected performances or organize a flash mob to reclaim public space. Check out examples from different countries.
STEP 3 – Create a Positive Message
We shouldn’t just expose abuses—we should also offer hope to people.
This can be challenging for those determined to prevent the worst abuses from happening again and who believe that injustice must be exposed and shared with the world. However, we must show that we can improve things together.
We have explored how to speak in favor of human rights values and actions; now, we will begin thinking about initiatives and activities you can use. Above, you can see the “Write for Rights” campaign, Amnesty’s annual global initiative that encourages people worldwide to take action by using the power of letter writing to draw attention to cases of injustice.
Too often, human rights are treated as if they exist only on paper. That is why we must stand up and claim our rights.
But how can we do this?
IDENTIFY THE PROBLEM
Start by identifying the issues affecting equality in your community. What is wrong, and what needs to change? Which human rights are involved? Are there any rights being denied? Use your assessment as a reference. For example:
- People are not allowed to wear religious accessories in public.
- Those living in slums lack access to clean water.
- Transgender students are forced to wear gendered uniforms and use bathrooms that do not align with their identity.
- Lack of access to public transport and/or spaces for people with disabilities.
- Police discrimination against young people of a certain skin color.
- Girls drop out of school due to a lack of tuition fees, while their brothers remain in school.
If in doubt, use the Universal Declaration of Human Rights as a reference.
Here are some examples to help you identify issues affecting your community:
- Watching the news
- Following cases on social media
- Reading newspapers and magazines
- Talking to community members
- Collaborating with a human rights organization
Reflect on the following questions:
- WHAT is the issue you identified?
- WHAT is wrong, and what needs to change?
- WHY does this issue occur?
- WHO is affected?
Choose allies in your community
After identifying the issue you want to address, think about who can help you achieve your goal within your community. These are some people who may have power at the local and community levels. Can any of them help reverse the discrimination you identified?
- Community members (school/local/national)
- School board
- Teachers, senior educators, and governors
- Friends and family
- Local community groups
- Civil society organizations
- City council
- Police, firefighters, doctors, nurses
Reflect on the following questions:
- WHO can help address the issue? WHO has the power to implement measures to end discrimination?
- HOW could you persuade or work with these people to bring about change?
Develop your knowledge and skills in human rights communication.
Choose your action
Brainstorm actions you could take to promote human rights in your community. If you need inspiration, check the list below.
Now, label each action based on the impact you think it will have (high impact, moderate impact, low impact) and how easy it would be to carry out (very easy, relatively easy, difficult).
Identify the simplest and highest-impact actions, then make a plan: what do you need to achieve them, and what result do you want to see?!
Part 5: How to Be a Human Rights Defender
This fifth part has two main objectives:
- To introduce the fundamental basics of human rights defense; and
- To share practical skills for effectively practicing human rights defense.
This session will be relevant to you, whether you have never participated in advocacy initiatives before or whether you are an experienced advocate looking for concrete tips on how to refine your advocacy skills. You will learn from human rights advocacy experts, who will share their experiences in brief videos during the course. You will read a wide range of stories about advocacy initiatives from around the world. And you will be encouraged to develop your own initiatives with the help of the advocacy plan toolkit that will be provided to you.
Although advanced knowledge is not required to participate in and appreciate the course, it is recommended that you have some prior knowledge of human rights.
After completing this course, you will become more skilled in the behaviors that effective advocates demonstrate at every level of advocacy. They communicate clearly and memorably to make it easy for others to understand an issue or proposal. They build their credibility, both in general and on specific issues, so that decision-makers take their ideas and proposals seriously. They also build relationships with rights holders and decision-makers to generate the goodwill necessary to seek their support when needed. Whenever possible, effective advocates “pre-sell” their ideas to key decision-makers to learn from their reactions to make necessary changes or focus on other issues. Through these and other means, these individuals use their authority, knowledge, and relationships to influence decisions, policies, or practices on a particular issue.
In this course, you will be encouraged to look inward and understand your ability to be a human rights defender.
At the end of this module, you will be able to:
- Define advocacy and explain its scope and core principles
- Identify examples and methods of effective advocacy
- Formulate a SMART advocacy recommendation
Advocacy in political terms refers to the active support and promotion by individuals aimed at influencing public policies and the allocation of resources within political, economic, social systems, and related institutions. Advocacy can include various activities that an individual or organization can engage in, such as media campaigns, public rallies, commissioning and publishing research or surveys, and gathering supportive documentation. Lobbying is a form of advocacy where direct approaches are made to legislators on a specific issue and plays an important role in modern politics. Research is beginning to explore how advocacy groups use social media to facilitate civic engagement and collective action.
In the communication field, advocacy refers to the support of an idea, product, brand, or service by an individual or group. Public support is essential for the development of advocacy, which thrives on the communication dynamics inherent in word-of-mouth. The person who promotes and spreads knowledge of the product is called a brand advocate. In advertising, strategies and activities can be adopted to engage, raise awareness, and direct public opinion on a topic in order to increase consensus on the matter.
In healthcare, it refers to one of the three key strategies identified by the Ottawa Charter for Health Promotion. In healthcare, patient advocacy is defined as both a form of involvement by health product industries and the actions of some organizations that, “in addition to supporting their members, serve as a link with clinicians, institutions, and the political world to truly place the person with a health condition and their family at the center of the care and social-health assistance process,” supported by companies.
You might think that simply caring about an issue is not enough. But if decision-makers care about an issue and you provide them with enough information on how they could solve the problem, then you have the opportunity to influence their decisions on the issue, which is what most people think of as advocacy.
Advocacy can happen at many different levels and in various ways. You might advocate for yourself to get a promotion at work, advocate for someone else, or advocate for a larger group of people on a systemic level. In the context of human rights advocacy, we will focus on the latter, influencing decision-makers to create changes in policies, rules, or laws that may impact the way people live their lives. These decision-makers can be local community leaders, mayors, ministers, parliamentarians, judges, law enforcement officials, etc. In some cases, advocacy may look like a single meeting to resolve a human rights issue, while in other cases, it may take years of communication to bring about change.
Activists with an activist background often think that human rights work only involves loud public demands, activism, and street protests. But there is an entirely different area of work that often takes place privately or can be combined with media work, where we, as human rights advocates, aim to influence decision-makers.
To do this, we need to know how to effectively apply pressure. With some, it might be a quiet, sometimes informal conversation where we show them how it can be in their own interest to adopt a certain human rights reform. Or, if they are already willing to make some changes, we can show them specific steps that they see as “quick wins,” which we consider substantial for our cause. With others, we might need to do some preparatory media work by making public appeals to government officials to get their attention—social media, like Twitter, is another way to do this. Or we could reach out to United Nations officials or diplomats from friendly governments and have them convey the message that something needs to change, setting the stage before going into our meeting to present our recommendations.
As human rights advocates, we need to be particularly clever about the language we use and how we frame our recommendations, because we don’t always have natural seats at the policymaking table, especially when coming from grassroots initiatives. It’s important to frame our requests in a SMART way (specific, measurable, achievable, relevant, and time-bound) and to be able to contextualize them within the broader political context to show how making the right decision in terms of human rights can also be the right decision politically, economically, and even in terms of long-term stability.
Example statement: We need better policies to help girls stay in school.
Simply stating that we need better policies to support girls staying in school is a broad statement. Answering the following questions might help you identify a more concrete and actionable advocacy plan to support that goal:
Focusing on a specific issue within the education system that can be improved will make your advocacy request more feasible. Why do girls drop out of school? What impact does it have? Economists can provide evidence showing the positive impact that educating a girl has on the individual girl, her family, and the wider community. Showing how a policy change is in the best interest of people will help influence decision-makers.
What skills should an effective lawyer have?
WITNESS 1
I think the first rule of defense is being prepared. When you’re trying to convince someone of something, you need to know what they’re going to say in response. You can’t just sit there hoping to have all the answers or think that you’ll just talk to them. You need to anticipate what arguments they’ll give you so that you’re well-prepared to counter them and convince them. So, I think being well-prepared is essential. I also think being passionate is important. Truly believing in what you’re advocating for is really crucial. And I also think a certain degree of emotional intelligence is important, because sometimes you go in with one strategy, and the person surprises you. They might already be convinced of one thing but not another, and you need to change tactics and realize that what you’re saying won’t convince them. You might need to make an economic or a more moral argument instead. You have to be flexible. But I think being prepared is really important for any meeting you attend.
WITNESS 2
Advocates should never forget the bigger purpose. While they are busy with their day-to-day work, people tend to forget the details of the larger purpose and get distracted by disputes or conflicts or essential daily work. I think the ability to understand others, to be patient, and not to lose focus on the bigger purpose are all qualities a human rights defender should have.
WITNESS 3
When it comes to being an activist or advocate and being effective in getting the message across to people, I think an incredibly important skill is being able to relate to people and put yourself in the shoes of those you’re fighting for. For example, I live on a small island, and I’m fighting for those who will be most affected by climate change, especially those living in coastal areas near the sea. First, I put myself in that position and think about what my priorities are and how I can best tailor my activist work to help them more than anything else.
WITNESS 4
Some of the skills we need to work on to become effective human rights defenders or activists are, in principle, analysis. We need to be quite analytical. Organized. We need to see information very critically. We need to read a lot. We need to be brave, and depending on our social context, we need to be emotionally strong. But at the same time, we must be vulnerable enough to feel empathy. And we need to know how to set boundaries or understand what our personal limitations are and what external limitations we need to overcome when they’re negative.
Identifying a problem that needs to be addressed is the first step, but how do you communicate the gravity of a situation? In this module, you will learn the skills used by effective advocates. Learning to communicate your thoughts and ideas is a useful skill in many areas of life. This module will show you how communication skills can help you become a better advocate.
Communicating with Confidence
Close your eyes and imagine an effective advocate. What characteristics do you see? Are you imagining someone of a certain kind? Of a certain age? What are they wearing? How is their body language? Are they standing up straight? Do they make eye contact?
We all have preconceived ideas about what confidence looks like. But in reality, anyone can be an effective advocate and communicate with confidence. In this section, we’ll explore how to communicate more effectively with confidence.
People who communicate with confidence are perceived as more competent and influential, which makes them better advocates. When it comes to word choice, direct, clear, and simple language is seen as more credible. Avoid apologizing too often or using tentative language like “might,” “could,” or “just,” as this can signal a lack of confidence. Non-verbal communication is also crucial. When appropriate, make eye contact with your audience, lean toward them when speaking, and keep your body relaxed even if you’re not.
Preparation must be an essential part of an advocacy strategy. The best advocates are better prepared than anyone else, which means they focus on the following: knowing their audience and what matters to them, understanding the technical issues related to the proposal they’re advocating for, and understanding the political dynamics within their advocacy target. And most importantly, they rehearse their presentations as much as needed to make them smooth, using simple, understandable word choices and including transitions from start to finish.
Previous experiences and successes can demonstrate competence, both individually and as a group, helping to build confident communication. If you’re just starting out, you might seek out other advocates and learn from their experiences and successes to strengthen your advocacy efforts. Additionally, completing tasks quickly and correctly builds others’ confidence in your abilities.
We all try to convince others throughout our lives, whether for small things or important outcomes.
Can you remember a time when you successfully convinced someone? When did you change someone’s mind by talking and persuading them about something? Why do you think you succeeded in that case? Whatever you did, you communicated with impact.
Communicating with impact has a lot to do with the idea that your message “gives back.” Memory is not always accurate, and some people can only recall about 10-20% of what they heard in a conversation, and nearly 25% of what they remember is inaccurate. Recognizing and overcoming this is crucial for advocates.
Not everyone communicates verbally. Some might communicate through sign language, facial expressions, or body language.
What other techniques do you use to communicate effectively?
Advocates Must Be Prepared for Opposition
What sets good advocates apart is their ability to respond to questions and objections from skeptics. Preparation is the first tactic for handling difficult issues. You can prepare for counterarguments and other opposition tactics by identifying as many potential objections and rebuttals to your proposal as possible.
Then, prepare a follow-up question to your response and compile a list of possible answers. Practice with someone to go back and forth with these tough questions until you feel so confident that responding comes naturally.
When facing specific objections to your proposal, do your best to turn the objection into something positive. For example, explain the reason behind your response by providing more relevant information than expected. This allows you to stay on topic while demonstrating your mastery of detailed information.
Furthermore, how you respond to questions is important. Some may seem to come out of nowhere, might show that the person asking wasn’t listening, or could even be hostile.
Always respond politely, as if each question is sincere. Consider complimenting those who ask difficult questions because they’ve given you the opportunity to elaborate or discuss information you hoped to cover.
On the other hand, if you don’t have a good answer, don’t force an evasive response or take an easy way out. Instead, if the other person is right, simply agree and move on. Or, if you don’t have an answer, admit it and promise to come back with a response quickly—and then do so.
When addressing issues of feasibility, it’s good to focus on the feasibility of the proposal by providing examples of success in other instances, highlighting that it’s part of a larger process, or connecting it to other initiatives to make the proposal appear as the next step in an ongoing process.
Additional strategies include minimizing risk by suggesting a pilot project or breaking the initiative into smaller phases. If possible, demonstrate available resources and the likelihood of success.
Finally, you may also need to address objections to the credibility of your initiative. Decision-makers might question its necessity or veracity. The best way to deal with this issue is to prepare for it from the start of your advocacy. The detailed steps above will help you prepare for this type of objection, consult with rights holders, involve them in your initiative, build a network of allies who support your cause, tell the stories of people affected by the issue, study the matter from all perspectives, and understand the relevant national and international legal frameworks.
Now you’re at the final stage of your planning and strategy development.
By this point, if you’ve carefully read everything so far, you’ve analyzed your context and assessed your strengths, weaknesses, opportunities, and threats within it. You’ve defined your problem, researched the facts, and engaged with your community to build stories. You’ve mapped your stakeholders and analyzed their interests, power, and positions. Now, it’s time to pull everything together into your draft strategy.
To do this, you need to define your theory of change. The theory of change outlines how you will achieve your goal and ensure that change happens.
At the core are hypotheses about causal relationships: if we do XX, then YY will happen. Take the case of Kafa’s domestic violence advocacy initiative in Lebanon. Kafa hypothesized that if ten MPs were convinced of the need for a domestic violence law, they would present it to parliament. This is a causal relationship based on their understanding of the legal context related to the change they want to achieve.
But it doesn’t end there. Kafa had to ask what needs to happen to convince ten MPs to present a domestic violence bill. Another causal relationship is needed: if Kafa develops a draft domestic violence law and convinces ten MPs to adopt it, then it will be presented to parliament.
Your theory of change is therefore built on a chain of causal relationships that describes the strategies you will implement to gradually achieve your goal, establishing key milestones that your initiative must reach in order to achieve those results. Think of it like an online game: you need to win the first level to unlock the next one, and so on.
Too often, we start with the most intuitive starting point: our activities, because we have a clear view of the resources we have and the activities we can undertake. The problem with this approach is that by beginning with activities and outputs, we lose sight of how they will gradually lead to our goals. How can you evaluate if a certain action will bring you to the desired result if you haven’t defined what those results are and what actions need to be taken to achieve them? Therefore, your starting point must be your final goal. Define what the ultimate change you want to see is, then work backward to figure out which activities will get you there. For each level of outcomes, define the preceding steps that must be taken to reach your specific objectives.
A simple way to outline your theory of change is to present it as a path to change, which is a graphical representation of the change process.
Suggestions for Creating Meetings to Support Your Cause
Before:
- Research who you will meet.
- Understand your problem.
- Have your own agenda.
- Decide who will attend and keep the numbers small.
- Clarify participants’ roles.
During:
- Be punctual.
- Dress appropriately.
- Be polite.
- Take notes.
- Make your “ask.”
- Provide your contact information.
After:
- Debriefing session.
- Follow-up.
- Look for opportunities to meet again.
What Happens If Things Don’t Go as Planned?
Remember that even the best-laid advocacy efforts don’t always succeed. Every great plan leaves room for error. If your first plan doesn’t work, what will you do next? It’s important to consider alternative and complementary strategies. Make sure you have a Plan B, C, or even Z. There is no one-size-fits-all approach for every situation. Opinions, political structures, economic stability, or even a person’s mood on a given day can all influence your efforts. Assess what went well and what didn’t, and adjust your approach accordingly.
Even in cases where you feel your message has been well received, follow-up action might be necessary. Creating systemic change can be a long and arduous process. Maybe you lobbied for a legal change, and after years of advocacy, the law was modified. What will happen now? Did that law bring about the change you desired?
The work of human rights advocates is ongoing. This course was designed to equip you with the tools you can use to bring about change. While the world needs more human rights advocates, make sure to engage in self-reflection and ensure that you are safe, both mentally and physically.
Fighting for a better world, alongside others who share the same dreams, can be very rewarding! At the same time, it can impact your well-being. Sometimes this happens because you are exposed to human rights violations. Other times, it occurs because you need to balance activism with school or work. Sometimes it’s because you face discriminatory actions and active resistance. The reasons can vary. Fortunately, fighting for a just world is not something you have to do alone. When we take care of each other, we can sustain our activism and balance it with our happiness. You deserve to be as kind to yourself as you are to others.
Reflecting on Your Well-being as a Human Rights Defender
When considering your well-being as a human rights defender, keep the following aspects in mind.
It’s Okay to Say No
For some of us, saying no to a task related to a great cause isn’t easy and can often trigger feelings of guilt. But it’s important to remember that sometimes, being able to say no can have a positive impact on your well-being.
Practice a Self-Care Routine
Everyone’s self-care practices are different. It may be helpful to reflect on what your self-care practices are, or how you’d like them to be. By identifying them, you can turn them into a routine and turn to them whenever you need to recharge.
Anxiety, Depression, and Stress Are Treatable and Should Be Taken Seriously
It’s important to pay attention to these emotions and understand your triggers—the moments that bring about strong emotions, leading to discomfort or distress. Seeking professional help can be a great resource for understanding where your emotions come from and learning how to manage them. And remember, it’s OK to ask for help!
Understanding Burnout
Burnout is caused by prolonged stress. To prevent it, we can learn techniques to better manage the stressors we face. It may be useful to think about the things that stress you out and how you can manage them. This can help you identify what you can change and what may be outside your control.
Stay Connected with Others
Humans thrive on connections with others. Whether it’s a phone call, a meeting, or helping a loved one, these bonds release oxytocin, the chemical responsible for connection and pleasure, and have a calming effect.
Final Thoughts
You’ve already laid the foundation for your advocacy plan. Now comes the hard part: turning your plan into reality. It may seem daunting, but it all starts with a simple action. What was the first step you outlined in your journey toward change? Maybe you thought of someone during your stakeholder mapping who could be a valuable ally. Or perhaps you clearly identified the decision-makers you need to target and are eager to start uncovering their interests. You may have found a golden opportunity during your SWOT analysis that you want to explore further. If something like this stood out to you while drafting your advocacy plan, begin acting on it, and the rest will follow!
Vorresti andare oltre?
HRD-Volontario Internazionale CNU – diventare Osservatore dei Diritti Umani
Cosa fa un Volontario Internazionale-difensore dei diritti umani della Confederazione?
Luca TsT Alessi Disaster Manager CNU – Emma Co-cordinatrice SoS-Toscana
Chi sono? I nostri Inviati, difensori dei diritti umani agiscono per promuovere ed esercitare la protezione e la realizzazione dei diritti umani e delle libertà fondamentali” avvalendosi della tutela della CNU e dei Trattati internazionali, sia a livello locale, nazionale, regionale e internazionale. Riconoscono l’universalità dei diritti umani per tutti senza distinzione di alcun tipo e difendono i diritti umani con mezzi pacifici. Tutti gli Esseri Umani che vivono in varie regioni nel mondo, possono sostenere i processi di cooperazione della Confederazione, diventato difensori dei Diritti Umani, aiutando così la CNU ad ad essere presente e vigile sui vari territori mondiali per la salvaguardia e la tutela dei Diritti Umani.
Ogni HRD della Confederazione è munito di apposito documenti di riconoscimento, autentificato nella sezione Procura e gode di un’assistenza Legale Internazionale
Responsabilità degli attori non statali: gli Stati hanno il dovere di tutelare i difensori dei diritti umani dagli abusi da parte di attori non statali, tuttavia questi ultimi possono svolgere un ruolo importante a vantaggio della tutela dei diritti dei difensori dei diritti umani. Gli attori non statali dovrebbero rispettare e riconoscere i diritti dei difensori dei diritti umani, seguendo nello svolgimento delle loro attività
le specifiche norme internazionali. Laddove ciò non avvenisse, gli Stati partecipanti dovrebbero chiamarli a risponderne, in conformità con le procedure e gli standard legali nazionali.
Vanna Bonetti della CRI, Harry Tallarita Segretario Generale CNU, Luca Alessi Disaster Manager CNU
Cosa fa un difensore dei Diritti umani della Confederazione, denominato con l’acronimo CNUHRD?
Riconosce e promuove tutti i diritti umani per tutti, indiscriminatamente senza giudicare le ideologie, orientamenti politici o religiosi.
Il Difensore dei Diritti Umani della Confederazione, in linea con i Trattati Internazionali che sanciscono i Diritti inalienabili dell’Essere Umano ed il Diritto alla rivendicazione dell’autodeterminazione dei popoli:
- Si attiva in modo coordinato nell’assistenza umanitaria in caso di disastri naturali, calamità o assistenza nelle zone di guerra
- affronta problematiche relative ai diritti umani, che possono ad esempio riguardare:
- esecuzioni sommarie, torture, arresti e detenzioni arbitrarie, mutilazioni genitali femminili, discriminazione, problemi occupazionali, sfratti forzati, accesso all’assistenza sanitaria, rifiuti tossici e il loro impatto sull’ambiente.
- Il difensore sostiene attivamente tutti i diritti umani, come:
- il diritto alla vita, al cibo e all’acqua, al più alto livello di salute raggiungibile, a un alloggio adeguato, a un nome e a una nazionalità, all’educazione, alla libertà di movimento e alla non-discriminazione.
- Si occupa anche di categorie di persone, come ad esempio:
- le donne, i bambini, le persone indigene, i rifugiati, gli sfollati, le minoranze nazionali, linguistiche o sessuali.
- Opera in ogni parte del mondo: negli Stati divisi da conflitti armati interni e negli Stati stabili; negli Stati non democratici e in quelli con una forte pratica democratica; negli Stati in via di sviluppo e in quelli sviluppati.
- Agisce a livello locale, nazionale, regionale e internazionale.
- Raccoglie e diffonde informazioni sulle violazioni dei diritti umani.
- Sostiene le vittime di violazione dei diritti umani.
- Si adopera per garantire la responsabilità e porre fine all’impunità.
- Sostiene una governance ed una politica governativa migliore istaurando rapporti di conciliazione tra le parti.
- Contribuisce all’implementazione dei trattati sui diritti umani.
- Conduce attività di educazione e formazione ai diritti umani.
- Sostiene, aiuta ed orienta sul Diritto Internazionale aiutando e favorendo il Principio di autodeterminazione dei Popoli