International and National Instruments and Mechanisms of Human Rights

Abstract

This thesis attempts to investigate, address and analyze the theoretical aspect of human rights, its nature, principle, classifications of human rights, major human rights instruments, national and international mechanisms of human rights, its implication and practice in Nepal. Human rights are the basic rights and freedoms that belong to every person in the world, from birth until death. This thesis attempts to address the research questions: What are the national and international legal and institutional mechanisms to deal with human rights in Nepal? What is present scenario of the implication of human rights in Nepal? For these research questions the researcher has developed objectives as; to access the major international as well as national legal instruments and institutional mechanisms and their role in the protection and promotion of human rights and to explore the Nepalese legal provisions and their efficacy in the application of human rights in Nepal. In this research the researcher has used qualitative data and has adopted content analysis as well as doctrinal research methodology according to need. The research design of this study is analytical, descriptive, critical as well as historical. Nepal is the member state of several international human rights instruments. Nepal is undergoing a period of transformation in which the injustices and violations of human rights that occurred in the past cannot be neglected. The researcher gives a glimpse of international as well as national concerns and issues of human rights in Nepal. States have various duties including prosecuting crimes of human rights violations under international human rights law. Nepal at present is facing the challenge of prosecuting criminals and provide remedy of the victim of gross violations of human rights. Nepal needs to take violation of human rights seriously and raise about political and other interests in order to set an example for future remedies and actions. There are several international instruments, mechanisms national laws and The Constitution of Nepal, 2072 B.S. express full commitment to civil liberties, fundamental rights and duties, human rights. The constitution provides for the establishment of human rights commission and other constitutional bodies as well as Truth and Reconciliation Commission to investigate the facts about those people involved in serious violations of human rights and crimes against humanity committed during the course of the conflict in order to provide relief to the relative of victims for the perpetrators of violation of humanitarian law. However, the implementation of human rights treaties or instruments must be made as per the present time and situation.