ABSTRACT
Introduction The inter-linkages between human rights and rule of law (ROL) have long been recognised within United Nations (UN) documents, even if the precise relationship between the two concepts has not always been clear. The first excerpt above, from the Universal Declaration of Human Rights (UDHR),2 envisages human rights being protected by the ROL. The second excerpt, from UN Security Council (UNSC) Resolution 161 (1961) concerning the Congo,3 contains the first reference to the ROL to be found in a UNSC resolution. Varying interpretations might be given to its expression of concern with ‘the systematic violations of human rights and fundamental freedoms and the general absence of the rule of law in the Congo’. Human rights might be seen as part of the ROL, separate from the ROL or, alternatively, intersecting with the ROL. The exact relationship between human rights and the ROL continues to be debated within the academic community. In this chapter I argue that human rights are critical to the conceptualisation, design and implementation of effective rule-of-law assistance, as illustrated by the policies and practice of UN peace missions4 in such areas as transitional justice, constitutional assistance and broader technical assistance in the rule-of-law space. At the same time, challenges remain at both the conceptual and operational levels. The chapter concludes by suggesting some steps that could be taken to optimise the coherence and effectiveness of this human rights-based approach to the ROL.
