A strategical approach towards regional human rights mechanism in South Asia

AutorSrabonty Das Gupta
Cargo del AutorUniversidad de León
Srabonty Das Gupta
Universidad de León
When the fundamental principles of human rights are not protected, the centre of our
institution no longer holds. It is they that promote development that is sustainable; peace
that is secure; and lives of dignity (UN High Commissioner for Human Rights Zeid Ra’ad
Al Hussein).
The position of the international human rights standards in the international human rights
protection mechanism is always involved in a debatable issue. However, those standards
always play a vital part in the matter of conflicts of interest among the nations. The term
“Human Rights” included in the international human right standards is considered as of
right to every dignified human being which pertains to an individual by law or culture or
basic nature. However, the international human rights law sets multiple guidelines
through treaty, convention and by introducing any institutional mechanism or regional
mechanism for proper administration and execution of the international norms and
standards. Though there are no listed outlines or inclusive documents that would be
undertaken as universally accepted sources of international human right law, but the list
cited under Article 38 of International Court of Justice is close enough to justify the
sources of international human right law
. Nonetheless, indirectly human rights standards
encompass clear obligation upon the state such as an obligation to show respect on human
rights, to promote international standards of human rights and to protect any individual
from any curtailment of enjoying such rights. However, by this way International human
rights law obligates the states to refrain from any kind of interference or misapplication
of any blasphemy act; in order to promote and protect human rights and fundamental
freedoms of individuals or groups (OHCHR, 1996).
Nonetheless, these standards are exercised by the executive body of the state and
administered by the legislative and judiciary under the national framework of human
Article 38 of the Statute of the International Court of Justice states that the Court, whose function is to
decide in acco rdance with international law such disputes as are submitted to it, shall apply:
a)international conventions, whether general or particular, establishing rules expressly recognized by the
contesting states; b) international custom, as evidence of a general practice accepted as law; c)the general
principles of law recognized by civilized nations; d)subject to the provisions of Article 59 , judicial
decisions and the teachings of the most highly qualified publicists of the various nations, as subsidiary
means for the determination of rules of law. This provision shall not prejudice the power of the Court to
decide a case ex aequo et bono, if the parties agree thereto.

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