Where can I find international human rights law?
- International human rights law can be found in three places:
- international treaties;
- covenants; and
- conventions.
- These are generally created by the United Nations (UN) or regional organisations such as the European and African Unions.
- They are easy to locate as they are available online and are updated frequently.
- Each treaty will indicate which countries are party to them.
- Customary international law is law that has been so widely accepted and practiced by countries that it is considered binding on all countries.
- All of the provisions of the Universal Declaration of Human Rights (UDHR) are considered customary international law.
- You may need a lawyer who specialises in international law to help determine what is considered customary international law.
- Resolutions of the General Assembly do not have any legal force but they are very influential and can be indicators of customary international law.
- To see whether a treaty is legally binding on Australia you must check whether it has been ratified or acceded to.
- If it has only been signed then Australia is not bound by it. The Commonwealth government has merely indicated their support for it.
- Once Australia has ratified or acceded to a treaty the government is obliged to ensure that our domestic law reflects the values and provisions of the treaty.
- All treaties are available online and include lists of the signatory countries and their ratification status.
Read some more FAQS from our International Law & Human Rights section