The Evolution of Human Rights Protection from Domestic to International: An Appraisal

Abstract

This article examines the historical development of human rights, with a focus on
the necessity for international protections as opposed to internal protections. This
study employed qualitative research methods and incorporated knowledge from
academic publications, judicial rulings, and international human rights treaties. In
the beginning, domestic legislation was primarily used to address human rights
issues. The Second World War's destruction revealed how inadequate domestic law
was in defending human rights, prompting the realization that outside action was
required. Thus, international law was given authority over issues relating to human
rights. The legal framework for current international human rights legislation was
largely established by the United Nations Charter. The Universal Declaration of
Human rights (UDHR) and other international agreements on human rights codified
a more comprehensive standard for protecting human rights. The establishment of a
specialized forum to discuss these issues through the establishment of the United
Nations Human Rights Council (UNHRC) and International Criminal Court (ICC)
strengthened the defence of human rights even more. By tracing the emergence of
human rights, this review highlights the paradigm shift from relying primarily on
domestic legislation to recognizing the need for international protection.