Protecting the Vulnerable: Human Rights Treaties for Specific Groups

'Freedom means the supremacy of human rights everywhere. Our support goes to those who struggle to gain those rights and keep them. Our strength is our unity of purpose. To that high concept there can be no end save victory ' - a quote by Franklin D. Roosevelt- this quote summarizes exactly the ultimate aim of human rights law, the protection of all human rights to all human beings. The Universal Declaration of Human Rights- UDHR hereinafter- which was adopted in 1948 constitutes the beginning of the human rights development process. Despite the fact that UDHR was not legally binding, it represents the first universal agreement to recognize the basic rights and freedoms of all human beings in an equal manner. Following the declaration, efforts continued to codify these human rights in legally binding conventions. Consequently, two international Covenants emerged: The International Covenant on Civil and political rights -ICCPR- and The International Covenant on Economic, Social, and Cultural rights - ICESCR- . These three instruments together- UDHR, ICCPR, ICESCR- form the International Bill of Human Rights- the IBHL- which contains all the human rights. However, after the IBHL many human rights treaties on specific matters have emerged.

Some human rights treaties are more focused and specialized in the protection of specific vulnerable groups. To understand the nature of these groups we need first to clarify the meaning of vulnerability in general, the quality or state of being exposed to the possibility of being attacked or harmed either physically or emotionally. Vulnerable groups are those who might face or experience some difficulties in their lives, due to some factors -most of the time is considered outside of their control- and this result in them losing or having in a less manner the amount of opportunities that others or who are considered more fortunate in society might have. Some of those who belong to the family of vulnerable groups are: women, children, persons with disabilities, indigenous people, refugees, stateless persons, national minorities, and migrant workers. Definitely, this list is not exclusive, there are many others. These groups encounter a systematic lack of human rights. They might in addition face human rights violations by the state, individuals of society, other institutions, structural barriers or social dynamics. Since the base of human rights law is the protection of all rights to all people equally, there have to be some separate treaties discussing the situation of these groups and finding out solutions that might end their suffering. That's the reason why some human rights treaties set out additional guarantees to those who belong to these groups. Most of these treaties start by first by defining the nature of the people or group to whom the treaty was made, or the type of suffering the treaty was intended to end. For instance, the Convention on the Rights of the Child started in Article 1 by defining what is meant by child 'child means every human being below the age of eighteen years unless under the law applicable to the child, the majority is attained earlier' , same goes to CEDAW and CERD they define in article 1 what is meant by discrimination that both of the treaties intended to end. Also the international convention on migrant workers, the convention defined in Article 2 (1) term 'migrant worker' refers to a person who is to be engaged, is engaged or has been engaged in a remunerated activity in a State of which he or she is not a national'. And every other treaty followed the same direction in defining first the people or issue of the treaty which helps demystify any obscurity around the term mentioned to define specific groups.

Each of these treaties also provides some specific or special measures for state parties to follow in order to achieve the purpose of the treaty. These measures are basically to improve the situation of these specific groups to achieve their full enjoyment of human rights as other individuals. A brief interpretation of Article 4 of CEDAW, may clarify this concept. The article provides that governments should take specific measures or actions in order to eliminate the discrimination against women, but people should understand that these actions that favor girls and women are not in a way to discriminate against men, they are just intended to speed up the equality between men and women. And these measures should last until equality has been achieved. The CRPD also provides special measures and actions in order to remove the barriers that might face these persons.

Some other human rights treaties are meant to deal with special issues or world events. The CERD for example, rapidly entered into force - in comparison with other treaties- Considering the political pressure made by the African counties in the process at the UN, also since there were major changes happening in the world during that period due to the newly independent states, the main concern moved towards decolonization and the issue of racial discrimination.

Additionally, some crimes in their nature violate serious and important human rights and are usually carried out by the organs which constitute the higher power in states, the governments itself, Examples of these crimes are Torturing and enforced disappearance. There have to be separate treaties for such crimes in order for states parties to be compelled to the rules and actions mentioned in each treaty.

It's difficult to say that every one of the human rights treaties has achieved its goals. Nevertheless, there's absolute progress in the development of the human rights situation between today and before 1948.