The Latest Developments in the Concept of Human Rights in International Relations in the Third Millennium

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1. Introduction

Human rights are closely linked to human dignity. In fact, human dignity is not an individual, exclusive and isolated notion, but part of our common humanity. Human rights empower human beings to respect others and civic life. In other words, the rights that apply to one also apply to others. The rejection of human rights and fundamental freedom, as an individual and personal tragedy, creates conditions for social and political unrest and sows the seeds of violence and conflict within and between communities and nations. Although there has been much debate about the definition of the concept of human rights, human rights in the broadest sense are defined as legal rights, due to every person by virtue of his/her humanity, regardless of his/her legal acts (Piechowiak, 1999). The issue of human rights and respect for the dignity and intrinsic quality of all human beings is one of the most important issues of international law in the world today. It presents a belief in the existence of a series of natural and primary rights for all human beings, regardless of race, language, color or similar issues; today, it has transcended national borders and has become a universal rule (Karachorlu et al. 1396 [2017 A.D.], p. 41). These rights are general privileges to which every human being is entitled by nature. When realized, these privileges are the true measure of legitimacy and the limit of government authority over individuals (Falsafi, 1374 [1995 A.D.], p. 95).

In another definition, the concept of human rights refers to the rules and norms that have been recognized by the majority of members of the United Nations over the past few decades in the form of declarations, treaties, conventions and practices within the framework of legal belief, which fundamentally influences the behavior and actions of political entities. These rules are based on sources such as international customs, international agreements and United Nations resolutions (Zakerian, 1399 [2020 A.D.], p. 61). In fact, human rights are a series of norms that govern the behavior of governments and non-state actors towards individuals and groups based on moral principles regarding that, which the society considers a decent life. These norms are integrated into national and international legal systems and establish mechanisms and procedures that, in addition to respecting the rights of individuals, also hold those responsible to account and compensate alleged victims of human rights violations (Marks, 2017, p. 1), such as the Universal Declaration of Human Rights, which was adopted by the United Nations General Assembly in 1948. This was the first legal document that defined the basic human rights that should be universally protected. In addition, this declaration is the basis of all international human rights law. Its 30 articles contain the principles and building blocks of current and future conventions, treaties and other legal documents.

On the other hand, this declaration, together with two covenants - the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights - constitute the International Bill of Rights. The human rights declarations of the United Nations are the goal and desire of those who work for a fairer world. Even though the notices are not legally binding, people can still use them as an important tool to put pressure on governments and private companies to protect or improve the well-being of human life (Correia, 2022). It is worth mentioning that the universality of the basic norms of human rights has been ratified and confirmed by most member countries of the international community. In addition, the scope of these rules will be expanded to include more rules over time (Zakerian, 1393 [2014 A.D.]).

1.1. Literature Review

In this section, we present an overview of the literature that relates to notions discussed in the study. A review of previous research reveals that despite the existing definitions of human rights, for D. D. Raphael, human rights in a general sense denote the rights of humans. However, in a more specific sense, human rights constitute those rights, which one enjoys specifically because of being a human (Rajawat, 2001). In the words of Michael Freeden, a human right is a conceptual device, expressed in linguistic form, which assigns priority to certain human or social attributes regarded as essential to the adequate functioning of a human being, and which is intended to serve as a protective capsule for those attributes; it also appeals for a deliberate action to ensure such a protection (Biswal, 2006, p. 44). Gordon (1998) in his book 'The Concept of Human Rights: The History and Meaning of its Politicization' analyzes the concept of human rights in detail. His concern about the prevailing view indicates that, as with any absolute moral claim, it is possible for justice to justify actions that simple decency would not allow.

Some of the experts underline that human rights have always evolved in response to changing historical contexts, and that despite certain potential negative effects, empirical evidence suggests that the benefits of their expansion largely outweigh the costs. Others argue that certain expansions can have the effect of diluting the human rights system altogether, and can be instrumental for states willing to undermine core civil and political rights and to avoid scrutiny of their own violations (Bonacquisti, 2018; Mousavi Karimi, 2019).

The concept of human rights is often used as a clear and universal concept. In fact, human rights suffer from obscurity and ambiguity, both conceptually and in terms of examples (Mousavi Karimi 1399 [2020 A.D.]). Dembour (2010), in his article, mentions the four aspects that should be considered when defining human rights, including philosophy, politics, anthropology, and law. Griffin also believes that as human rights issues have expanded, the meaning of human rights has become more confusing and controversial (Griffin, 2008). This ambiguous approach to defining the concept of human rights became a platform for further research to achieve the definition of this concept through examples of human rights in numerous rules and norms. Nevertheless, Sepulveda et al. (2004) believe that in order to generate stronger adherence to international norms for human rights protection, civil society, the private sector, national governments and international organizations have to concert their efforts towards accountability; national governments need to commit, in cooperation with the private sector, to embed norms and standards into national legislation, where more possibilities for enforcement exist (p. 481).

1. 1. 2. Main Questions

The paper is a review article based on the nature of the objective, development-oriented, and based on the type of data, it is qualitative; the method of data collection is library and online research.

The main question discussed in this study is the following: What approach did the concept of human rights take in international relations after September 11, 2001? As already mentioned, according to some researchers, the concept of human rights is a series of rules and norms recognized by the majority of the members of the United Nations in the form of declarations, treaties, conventions, etc. In addition, based on the above-mentioned main research question, the following sub-questions will also be answered in the article:

1. What changes were made to the concept of human rights in the United Nations conventions and protocols after September 11, 2001?
2. What changes were made to the concept of human rights in United Nations Security Council resolutions after September 11, 2001?
3. What changes were made to the concept of human rights in the resolutions and declarations of the United Nations General Assembly after September 11, 2001?

2. Conventions and Optional Protocols of the United Nations

Conventions are among the types of international treaties that several countries implement among themselves by establishing general rules and regulations. These conventions are first approved by the UN General Assembly in the form of a resolution, and then implemented after countries join. Every treaty is an agreement, but the opposite is not true. For a better understanding of the issue, it can be said that the treaty (convention) in the field of domestic laws of the countries is comparable to the laws approved by the Legislative Assembly. However, their important difference is that the provisions of the treaty (convention) apply to the states that have consented to it and do not normally have general application, while people cannot escape the internal laws of their country. Given the applicability and binding nature of its provisions on members of the Convention, it can be said that this type of treaty plays an important role in promoting human rights and fundamental freedoms. In fact, the treaties codify universal values and establish procedures to enable every human being to live a life of dignity. By accepting them, States voluntarily open themselves to a periodic public review by bodies of independent experts (Pillay, 2012, p. 94).

The various types of conventions that are related to human rights include 'the Convention on the Rights of the Child', 'the Convention on the Elimination of Racial Discrimination', and 'the Convention on the Prohibition and Punishment of Mass Murder'. It should be noted that each convention deals with a specific topic. On the other hand, optional protocols will be adopted over time to better cover certain conventions. Often, human rights treaties are followed by 'Optional protocols' that may provide a treaty-related process or address a substantive treaty-related area. Complementary protocols to human rights treaties are also treaties that signatory states can sign and ratify.

Since 2000, three conventions and seven optional protocols of the conventions have been approved in the field of human rights. To better understand their nature, we discuss them in more detail below. Surveys reveal that most human rights issues that fall into these conventions, concern children, immigrants, the disabled and missing persons.

The “United Nations Convention against Transnational Organized Crime and the Protocols Thereto” is the main international document in the fight against transnational organized crime, adopted by the United Nations General Assembly in 2000. To recognize and deal with the problems caused by these crimes, countries need to strengthen international cooperation  (UN Office on Drugs & Crime, 2004). The 'Protocol to Prevent, Suppress and Punish Trafficking in Human Beings, Especially Women and Children', (UNDOC, 2000b), the 'Protocol Against the Smuggling of Migrants by Land, Sea and Air. (UNDOC, 2000a) and the 'Protocol against the Illicit Manufacturing of and Trafficking in Firearms, Their Parts and Components and Ammunition' (United Nations Treaty Section, 2001) are the completers of the mentioned convention (UN Office on Drugs & Crime, 2003).

The purpose of the 'Convention on the Rights of Persons with Disabilities' is to protect the rights and status of persons with disabilities. The text of this convention was approved by the United Nations General Assembly in 2006 and entered into force in 2008 (Freedmans, 2019, p. 556). In addition, the 'Optional Protocol to the Convention on the Rights of Persons with Disabilities' was implemented in 2008 and signed by 94 countries (United Nations Treaty Section, 2007). This Optional Protocol oversees the recognition of the right of persons with disabilities to correspond with the Committee on the Rights of Persons with Disabilities, which consists of 18 independent experts and oversees the implementation by member States of the Convention on the Rights of Persons with Disabilities. The committee normally meets twice a year in Geneva (OHCHR 2008a).

The purpose of the 'International Convention for the Protection of All Persons from Enforced Disappearance' is to protect from enforced disappearance and from criminalization and to combat the violation of human rights of enforced disappearance, which was adopted by the United Nations General Assembly in 2006 (OHCHR, 2010). The 'Optional Protocol to the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment', in 2002 at the 57th session of the United Nations General Assembly, reaffirming the prohibition of torture and other cruel, inhuman or degrading treatment or punishment and serious violations of human rights, which once again emphasizes the responsibility of governments to deal with it (OHCHR, 2002).

Children's rights came into force in 1990 to better achieve the goals of the convention. Member States must take action to implement its provisions and to ensure the protection of children from child trafficking, prostitution and child pornography. For this reason, the 'Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography' was approved by the United Nations General Assembly in 2000 (OHCHR, 2000b). Likewise, the 'Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict' was also adopted in the same year. This protocol prohibits the employment of children under the age of 18 in conflicts (OHCHR, 2000a). The 'Optional Protocol to the Convention on the Rights of the Child on a Communications Procedure' adopted in 2011, calls on Member States to put in place appropriate national mechanisms for access to children whose rights have been violated (OHCHR, 2011).

The 'Optional Protocol to the International Covenant on Economic, Social and Cultural Rights' was approved by the United Nations General Assembly in 2008 (OHCHR, 2008b). On this basis, the Committee on Economic, Social and Cultural Rights is given the necessary power to receive the complaints of individuals from their respective governments. On the other hand, other bodies related to this topic also receive the desired competence (United Nations Treaty Section, 2013).

It is worth noting that the approved conventions and protocols show the extent to which human rights have become more specialized and extended to different groups of people. The adoption of four protocols on children shows the dual importance of the rights of children and young people. The adoption of the Convention and the Optional Protocol on the Rights of the Disabled also shows that attention is paid to the minority in society. Of course, there is a gap in the protective conventions for other groups, such as older people, whose rights were massively violated, especially in the West at the beginning of the corona epidemic.

3. United Nations Security Council Resolutions

The United Nations Security Council is one of the main pillars of the United Nations, whose main task is to maintain international peace and security. This Council has 15 members (5 permanent members and 10 non-permanent members).

To agree to a resolution, 9 Council members must vote in favor and none of the permanent members may vote against. Although most resolutions refer to specific countries, these universal resolutions are believed to derive the concept of human rights. In this context, more than 170 resolutions were reviewed between 2000 and 2022. The result of this study shows that the United Nations Security Council focuses primarily on the issues of threats of terrorist attacks, non-proliferation of weapons of mass destruction and maintaining international peace and security (UN, 2022).

Most Security Council resolutions in the 22-year period in question deal with the issue of 'Threats to international peace and security caused by terrorist attacks', accounting for approximately a third of the resolutions reviewed. These resolutions recognize and emphasize terrorism in all its forms and manifestations as one of the most serious threats to international peace and security.  Any act of terrorism, regardless of its motivation and timing, is a criminal and unjustifiable act.  Cases include preventing and countering the financing of terrorism (2462), preventing terrorists from acquiring arms (2370), aviation security (2309), terrorists' use of virtual networks and information technology (2654), the situation in Afghanistan (2615) and also the threats of ISIS and Al-Qaeda and other terrorist groups (2610), (1455), (2083).  Among the above cases, the threats of ISIS, Al-Qaeda and other terrorist groups have received the highest number of resolutions.

Regarding terrorist attacks, it should be mentioned that, first, acts of terrorism constitute a gross violation of human rights when they are committed with killing, intimidation, threats, risk of death and injury, and containment of violence and use of force against innocent people (civilians), well conducted and organized by a state or non-state group, in time of peace or war, to achieve political, ideological or religious ends and use them as a legitimate means to achieve their ends, reflecting disregard for basic norms of human rights. Second, acts of terrorism have become gross violations of human rights, threatening the most basic human rights, the vital rights inherent in every individual, when these rights are recognized and regulated in international and national human rights law. Thirdly, the International Humanitarian Law has become one of the branches of law that regulates the International Armed Conflict through the Geneve Conventions, although the International Humanitarian Law does not put the acts of terrorism on its conventions, but the provisions of article 3 of the 1977 may be applied to the terrorist acts. In other words, terrorism acts constitute a violation to the International Humanitarian Law (Nasution, 2018, p. 17).

After the threat of terrorist attacks, the next priority is the issue of 'Non-proliferation of the weapons of mass destruction', which includes more than 40 resolutions. It should be noted that according to the resolutions, members of the Security Council are most concerned about North Korea's weapons. In fact, it is worth mentioning that the first and strongest line of defense against the spread or use of weapons of mass destruction remains the non-proliferation regime; an interlocking network of treaties, agreements, and organizations. Centered around a series of treaties including the nuclear Non-Proliferation Treaty (NPT), the Chemical Weapons Convention, and the Biological Weapons Convention, the regime is buttressed by numerous multilateral and bilateral agreements, norms and arrangements (Cirincione, 2014).

The issue of 'Maintenance of international peace and security' has also attracted the Council's attention. Among them are cases such as immigration and human trafficking, especially from the coast of Libya (2652), the spread of the pandemic (2565), the smuggling of cultural goods (2347), the prevention of wars (2250) and the prevention of AIDS (1308).

Other topics of these Council resolutions are 'Threats to international peace and security' (ISIS and Al-Qaeda, arms trafficking, especially light weapons, drug and psychotropic drug trafficking, human trafficking, especially women and girls, nuclear non-proliferation, attention in particular to youth during war, genocide and war crimes), as well as 'Children and armed conflict.' (Assistance to children in armed conflicts, commitments related to the protection of schools and educational institutions in armed conflict), 'UN Peacekeeping Operations', 'Protection of Civilians in Armed Conflicts' (Non-attacking civilians, hospitals and other medical facilities), 'Peacebuilding and sustaining peace.',  and 'Women and peace and security' (Attention to the weak presence of women in political leadership, peace and national security, regional and international institutions, sexual violence during and after armed conflicts, human rights of women and girls, their empowerment).

It is important to mention that after the attacks on the Twin Towers in America on September 11, 2001, the issue of terrorism and terrorist groups has become a global concern.  In this context, the attention of the United Nations Security Council has increasingly been drawn to this issue.  Of course, the emergence of terrorist groups such as the ISIS in the 2010s once again made the world aware of the imminent danger of such groups, which led to the passage of a significant number of resolutions to prevent terrorist attacks. Despite these problems, there are still concerns about harm to civilians, particularly women and children. Many resolutions have been made to support these people in the midst of conflict and post-conflict. However, what we saw in the conflicts was the violation of these people's rights. The passage of resolutions such as the prevention of AIDS and the spread of the pandemic demonstrates the unprecedented importance of public health to the said Council.

4. Resolutions and Declarations of the United Nations General Assembly

The United Nations General Assembly is considered one of the main pillars of the United Nations and holds sessions under the authority of the United Nations Secretary-General in New York, which has a significant influence on the presentation of the global approach to human rights. Although the resolutions of this organization are not binding, resolutions and declarations reflect international feelings and attitudes on a specific global issue. Furthermore, many organizations associated with the United Nations General Assembly, such as the United Nations Environment Program (UNEP), the United Nations Development Fund for Women (UNIFEM), the United Nations High Commissioner for Refugees (UNHCR), etc. are also directly involved in the conservation and promotion of exemplary human rights. In the following section, we present the most important resolutions of this assembly regarding the subject of human rights.

The HIV (AIDS) Declaration of Commitment expresses a global commitment to strengthen coordination and intensify national, regional and international efforts to comprehensively combat [HIV/AIDS]. This declaration was unanimously approved by 189 member states at a special session of the United Nations General Assembly in June 2001 (OHCHR, 2001a). This declaration led to the development of the international reporting system to monitor the implementation of the 'Declaration of Commitment on HIV/AIDS', which resulted from the 2001 United Nations General Assembly Special Session on HIV/AIDS (UNGASS) (Warner-Smith et al., 2009). 'Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Gross Violations of International Human Rights Law and Serious Violations of International Humanitarian Law' were approved by the United Nations General Assembly in 2005 (OHCHR, 2005). In addition, 'Principles on the Effective Investigation and Documentation of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.' adapted by the General Assembly in 2000 emphasizes that states must ensure that complaints and reports of torture or ill-treatment are promptly and effectively investigated (OHCHR, 2000c). The 'United Nations Declaration on the Rights of Indigenous Peoples' (UNDRIP) was adopted by the General Assembly on September 13, 2007 (United Nations, 2007); It is the most comprehensive international document on the rights of indigenous peoples, setting a global framework of minimum standards for the survival, dignity and well-being of the world's indigenous peoples (United Nations,2007). It should be noted that on September 8, 2017, the General Assembly adopted resolution 71/321 with the aim of increasing the participation of representatives and institutions of indigenous peoples in the meetings of the relevant bodies of the United Nations (OHCHR, 2022).

'Universal Declaration on Cultural Diversity', adopted at the 31^st UNESCO Meeting in 2001, emphasizes that respect for cultural diversity, tolerance, dialogue and cooperation in an atmosphere of trust and mutual understanding are the best guarantees of international peace and security (OHCHR, 2001b). Moreover, the 'United Nations Millennium Declaration' was approved in 2000 and by the Resolution 55/2 of the United Nations General Assembly, so much for the heads of state and government who met at the beginning of the new millennium from 6 to 8 September 2000 at the United Nations headquarters in New York to reaffirm their faith in the organization and its charter as essential foundations for world peace and prosperity (OHCHR, 2000d).

Among the selected declarations adopted by the United Nations General Assembly, the following can be mentioned: 'United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas' (165/73), 'Declaration on the Right to Peace.' (189/71), 'New York Declaration for Refugees and Migrants' (1/71), 'Doha Declaration on Integrating Crime Prevention and Criminal Justice' (70/174), 'United Nations Declaration on Human Rights Education and Training' (66/137), 'United Nations Rules for the Treatment of Women Prisoners and Non-custodial Measures for Women Offenders (the Bangkok Rules)'(229/65), United Nations Global Plan of Action to Combat Trafficking in Persons' (293/64) (UN Resolutions, 2022)

On July 28, 2010, the United Nations General Assembly, with Resolution 64/292, expressly recognized the human right to water and sanitation, and recognized that clean drinking water and sanitation are essential for the realization of all human rights. The resolution calls on governments and international organizations to provide financial resources, capacity building and technology transfer to help countries, especially developing countries, to provide safe, clean, accessible and affordable drinking water and sanitation for all (UN, 2010).

Climate changes are currently affecting the entire world and many people are facing the related challenges, including drought and water shortages, floods and storms, fires, etc. On the other hand, there are excessive human interventions in nature, including the increase in greenhouse gases and waste production, which has led to environmental damage that adversely affects human life. In this context, on July 28, 2022, the United Nations General Assembly overwhelmingly declared 'The human right to a clean, healthy and sustainable environment' to be a universal human right. In addition, countries, companies and international organizations are called upon to increase their efforts to make this a reality. This declaration is not legally binding, but, as illustrated by the previous examples, it can contribute to the shaping of politics and law worldwide (Correia, 2022).

5. Conclusion

Although human rights are as old as human history, their academic concept has entered the international arena for approximately seven decades, and has attracted the attention of different countries over time. It should be noted that to understand the concept of human rights, one should pay attention to the rules and norms that have been observed in the international community and in the United Nations and its members over the last seventy years. In response to the main question of this article, that is, How was the concept of human rights dealt with after the events of September 11, 2001?, the above-mentioned discussions reveal that the concept of human rights initially started from a general concept and over time encompassed specific areas and went through a deeper range from the perspective of the subjects. It should be mentioned that in order to answer the main question of the study, three sub-questions can also be answered: What is the approach to the concept of human rights in the third millennium from the point of view of the UN conventions and protocols and the UN Security Council?

It should be noted that in the third millennium and after the attacks of September 11, 2001, human rights issues relating to minorities and diverse groups have become increasingly specific, particularly in the area of ​​women, the disabled, children and refugees. In fact, the rights of vulnerable people have received more attention than in the past. This is a state of affairs, which is clearly reflected in the conventions and protocols adopted. However, there are still many vacancies for vulnerable groups. On the other hand, given the experience of human rights violations in Guantánamo and Abu Ghraib prisons, there should be more focus on the rights of prisoners. Although much effort has been made in the area of women and children, legal and global support is still needed to protect people's rights in all areas. It is noteworthy that some countries have not yet acceded to the existing conventions and protocols. In this context, these countries should be encouraged to cooperate more closely with the international community.

The events of September 11, 2001 and the emergence of terrorist attacks highlighted the importance of maintaining peace and security. Over the past two decades, the United Nations Security Council, as the main guardian of peace and security of the international community, has taken various measures, one of the most important of which is the adoption of various resolutions. In this context, most of the adopted resolutions concerned the prohibition of terrorist attacks. The number of related resolutions has also increased in the 2010s and with the emergence of terrorist groups such as the ISIS. Likewise, the binding force of Security Council resolutions has expanded more than before. Among the important resolutions of this council are numerous resolutions against North Korea's weapons.

The resolutions and declarations of the UN General Assembly, as well as the issues adopted in this assembly, show considerable diversity, including cultural issues, health, politics and safety, etc.

The important point in the approvals of this assembly is the existing initiative and innovation. Through the passage of environmental resolutions, such as the resolution on human rights over water and sanitation, as well as the crucial declaration of the people's right to a clean, healthy and sustainable environment, human rights have been extended to environmental areas, to which no attention had been given before.

Human rights have given special attention to the different groups and minorities, and the security situation of the international community has also received more attention from the United Nations. In fact, at the same time as the specialization of human rights, both in terms of different strata and in terms of different areas and instances of human rights, this concept also had its own breadth and depth. Environment and health issues are also important issues, which has led to the expansion of the human rights area.

It seems that the specialization of resolutions, especially human rights resolutions, will continue in the future. Matters that have not been the focus of the United Nations before this should be taken into consideration, among which one can refer to issues related to artificial intelligence. Emphasizing and striving for gender equality will continue to  be an important issue for human rights activists and the United Nations. We will witness a more serious presence of non-governmental organizations in the approach of the United Nations. Of course, due to climate changes, in the future, this issue will become one of the important positions on the agenda of the United Nations.