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How has International human rights law impacted civil and commercial law?

Audra Rand

International human rights law has had a significant impact on civil and commercial law across the globe. This is largely due to the recognition of fundamental human rights, which provide a framework for the protection of the dignity and freedoms of every individual. The development of international human rights law can be traced back to the Universal Declaration of Human Rights (UDHR) adopted by the United Nations General Assembly in 1948, which laid the foundation for a comprehensive set of legal norms and standards governing human rights at the international level.

The impact of international human rights law on civil and commercial law has been profound. In the civil law realm, human rights principles play a critical role in shaping legal frameworks that protect against discrimination on the basis of race, gender, religion, or sexual orientation. For example, the right to equality before the law has resulted in the development of anti-discrimination laws, while the right to freedom of expression has influenced protections for whistleblowers, journalists, and activists. Furthermore, the right to privacy has led to the development of privacy laws that protect individuals from unwarranted government surveillance and data breaches.

In the commercial law arena, international human rights law has played a key role in promoting fair and equitable business practices. The right to work and fair wages has led to the development of minimum wage laws and labor protections, while the right to health and safety has driven the creation of workplace safety standards. Similarly, the right to non-discrimination in employment has led to the development of anti-discrimination laws that protect individuals from discrimination on the basis of race, gender, religion, sexual orientation, or disability. Furthermore, the right to education has led to the development of access to education laws, which have broadened access to education for individuals from disadvantaged backgrounds.

However, despite the significant impact of international human rights law on civil and commercial law, its application has not been without challenges. One of the primary challenges has been the balancing of competing interests, such as the right to freedom of expression and the right to privacy in the context of surveillance laws. In addition, the enforcement of human rights laws has been a persistent challenge, with many countries failing to implement or enforce human rights laws adequately.

In conclusion, international human rights law has had a profound impact on civil and commercial law across the globe. The development of international human rights law has led to the creation of legal norms and standards that protect against discrimination, promote fair and equitable business practices, and protect individual freedoms and rights. Although there have been challenges in the application and enforcement of human rights laws, the recognition of fundamental human rights remains a critical framework for shaping legal protections and promoting social justice.