By Luisa Hofmann and Elena Kerr
On Monday the 4th of November we attended the 2024 Ruth Adler Human Rights Lecture at the University of Edinburgh. The annual lecture series is in memory of Ruth Adler, former PhD student and tutor at Edinburgh Law School, who eminently contributed to women’s and children’s rights in Scotland.
This year’s lecture, titled “The Unravelling of the Rules Based Order in our Interconnected World”, was held by Scottish born Helena Ann Kennedy, Baroness Kennedy of the Shaws KC, one of the country’s most distinguished barristers and most accomplished legal and social reformers. A member of the House of Lords and recently appointed to the Order of the Thistle she has been honoured for her work on women’s rights and education and is widely recognised for championing civil liberties, advancing human rights and promoting social justice globally.
Though undoubtedly inspired by the works and accomplishments of such an influential and renowned woman in human rights and social justice advocacy, in Baroness Kennedy’s account of the rules-based order in our interconnected world human rights seemed to face a rather uncertain future. Hearing the concerns of someone who has witnessed most developments in international human rights law since its inception certainly left us with mixed feelings and got us thinking for sure.
After all most of us grew up taking human rights for granted and in fact cannot imagine a world without them. They appear so fundamental that too often we forget that once international human rights law was a pioneering enterprise with the ambitious endeavour of guaranteeing human dignity, justice, peace and individual freedom at the backdrop of violence and atrocities. Whether one considers traditional progressivist accounts of international human rights law or takes a more critical approach, today’s rules-based order guaranteeing human rights worldwide has come a long way. Above all, it is the product of hard work, consistent international cooperation and the same shared goals and aspirations.
Over 75 years after the adoption of the Universal Declaration of Human Rights we must ask ourselves however how are we holding this promise of international human rights law today? Where are we now? What are we making of this remarkable framework and how do we apply it? Are we actually advancing international human rights and truly pursuing the objectives of this venture?
To this day there are ongoing breaches of human rights on a daily basis. The simplicity of humans’ most basic needs translate into highly complex and intricate laws and mechanisms. States systematically exploit loopholes to escape responsibilities and legal obligations. A biassed application of the rights and obligations in terms of polarisation, forgiveness and ignorance continues to hinder respect for human rights and their effectiveness while serving the interest of the most powerful nations. The global North largely acts with impunity while individuals in the global South suffer from their actions. A gradual move towards more authoritarian regimes with self-beneficial structures is threatening the equality, freedoms and rights of people across the globe.
To this day international human rights law is a privilege - something that is not guaranteed, not enjoyed and not accessible for everyone everywhere and always. In many places the situation is dire - people suffer and the most fundamental of human rights are violated.
And so, we must ask ourselves is this the best international human rights law can achieve? Is there still progression in ensuring equality, justice, freedom and ownership of our rights as humans for everyone? Is this the beginning of decay? What will the future look like? How can we ensure future generations enjoy the same fundamental rights and freedoms our ancestors worked for so hard?
To guarantee the pledge of life in dignity and peace, free from discrimination, violence and suppression to safeguard justice and the rule of law and to promote respect for international human rights law we must all be advocates. We must live by example, be brave and speak up even when no one else does, hold our governments to account no matter how hopeless it seems at times and engage with civil society in creative ways whenever possible. Human rights were made by humans for humans. They were made to make the world a better place for all of us. So, let’s not take them for granted or consider them an inconvenience but rather cherish and continue the efforts of previous generations and do our bit to one day fulfil the magnificent promise international human rights law holds.
As Eleanor Roosevelt already reminded the world in 1958:
“Where, after all, do universal human rights begin? In small places, close to home – so close and so small that they cannot be seen on any maps of the world. Yet they are the world of the individual person; the neighborhood he lives in; the school or college he attends; the factory, farm, or office where he works. Such are the places where every man, woman, and child seeks equal justice, equal opportunity, equal dignity without discrimination. Unless these rights have meaning there, they have little meaning anywhere. Without concerted citizen action to uphold them close to home, we shall look in vain for progress in the larger world.”
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