Unit 3: UN and Human Rights

Human Rights under the UN Charter

● The Charter of the United Nations is the founding document of the United Nations. It was
signed on 26 June 1945, in San Francisco, at the conclusion of the United Nations Conference
on International Organization, and came into force on 24 October 1945.
● The United Nations can take action on a wide variety of issues due to its unique international
character and the powers vested in its Charter, which is considered an international treaty.
As such, the UN Charter is an instrument of international law, and UN Member States are
bound by it. The UN Charter codifies the major principles of international relations, from
sovereign equality of States to the prohibition of the use of force in international relations.
● Since the UN's founding in 1945, the mission and work of the Organization have been guided
by the purposes and principles contained in its founding Charter, which has been
amended three times in 1963, 1965, and 1973.
● The Charter contains a number of provisions for the promotion of human
rights and fundamental freedoms in the Preamble and in Articles 1, 13 (1)(b),
55, 56, 62 (2), 68 and 76 (c).

● The Preamble for the Charter in its first substantive paragraph laid down that
“we the peoples of the United Nations determine to reaffirm faith in
fundamental human rights, in the dignity and worth of the human person, in
the equal rights of man and woman and of nations large and small..”
Para 3 of Article 1 of the Charter provided that the achievement of international
cooperation in promoting and encouraging respect for human rights and for
fundamental freedom for all without distinction as to race, sex, language or religion
shall be one of the purpose of United Nations. This provision shows that the
desirability for promoting and encouraging respect for human rights and
fundamental freedoms’ without distinction as to race, sex, language or religion was
generally recognised. There was a general achievement that all human beings are
entitled to some basic rights. It marked the birth of the international and universal
recognition of human rights. However, despite the differences as to what rights and
freedoms are, the achievement of the maximum freedom and dignity for the human
beings was the primary aim of the UN.
● The General Assembly and the Economic and Social Council were given the
task for the realisation for the promotion of human rights and fundamental
freedoms. By the term of Ar.13, the GA was empowered to initiate studies and
make recommendations for the purpose of assisting in the realisation of human
rights and fundamental freedoms for all without any distinction.
● Most of the items relating to human rights are considered by the Assembly’s
third committee (Social, Humanitarian and Cultural Committee). The Assembly
has also established subsidiary organs for dealing with issues relating to
specific human rights such as Special Committee on Decolonization, the
Special Committee on Apartheid and the Special Committee to Investigate
Israeli Palestinians in the Occupied Territories.
● Ar.55 provided that the UN shall be promote:
A. Higher standard of living, full employment and conditions of economic and
social progress and development;
B. Solutions of international economic, social, health and related problems, and
international cultural and educational cooperation;
C. Universal respect for, and observance of, human rights and fundamental
freedoms for all without any distinction.
● Ar. 56 provided that the members of the UN pledged themselves to take joint
and separate action in cooperation with the Organisation for the achievement
of the purposes set forth in Art. 55.
● Art. 62 authorized the Economic and Social Council to make
recommendations for the purpose of promoting respect for and observance of
human rights and fundamental freedoms.
● Ar. 68: directed the ECOSOC to set up commissions in economic and social fields
and for the promotion of human rights. The Commission on Human Rights and the
Commission on the Status of Women are the subsidiary bodies of the ECOSOC.
● Para (c) of Ar. 76: one of the basic objective of the trusteeship system is to
encourage respect for human rights and for fundamental freedom for all without
distinction as to race, sex, language and religion, and to encourage recognition of
the interdependence of the peoples of the world.
● The Charter has repeatedly referred to the concept of ‘fundamental human rights’,
‘the dignity and worth of the human person’, ‘equal rights’, ‘justice’, ‘social
progress’ and ‘fundamental freedoms.’
● Three chapters in the Charter are devoted to the self-determination of peoples.
● The Charter universalized and internationalized the concept of human rights, in
the sense that there was a general acceptance of rights by national governments
and the treatment of citizens in one country became the business of other
countries as well.
Is the Charter legally binding?
● The Charter is a global constitution without a bill of rights. It neither defined the human
rights nor they were enumerated therein.
● There is no provision in the Charter saying that there is a legal obligation resting upon
nations to observe human rights and fundamental freedoms.
● Courts in various States have been called on to consider the legal effect of the provisions
of the Charter relating to human rights and they have differed in their conclusions.
● Some have affirmed the binding nature and direct enforceability of the Charter provisions,
others have denied it.
● Some, while considering the provisions as binding have declined to enforce them on this
ground that they had not been formally incorporated as a part of the law of the land.
● Some deny them, but make a part of their public policy, as a signatory to the Charter.
Universal Declaration of Human Rights
UDHR: cornerstone of all UN activities relating to human rights
● 1945: San Francisco conference: founders of the UN met to draft the Charter
of the UN, Latin American states wanted to discuss an International Bill of
Human Rights.
● 1946: ECOSOC reiterated the need for an International Bill of Human Rights
so that the goal of the UN for the promotion and observation of human rights
could be achieved.
● 1947: Commission on Human Rights appointed a Drafting Committee for the
preparation of the draft of the Bill of Rights.
● Three Working Groups: assigned to prepare two sets of documents
1. A draft declaration consisting of a declaration of general principles on human
rights
2. A draft convention on specific rights.
Also, a memorandum on the question of implementation.
● The three documents: International Declaration on Human Rights,
International Covenant on Human Rights and Measures for Implementation.
What comprises the International Bill of Human Rights?
6 documents:
1. UDHR
2. ICCPR
3. ICESCR
4. Optional Protocol to the International Covenant on Civil and Political Rights,
1966
5. Second Optional Protocol to the International Covenant on Civil and Political
Rights Aiming at the Abolition of Death Penalty, 1989
6. Optional Protocol to the International Covenant on Economic, Social and
Cultural Rights, 2008.
UDHR: adopted by the UN General Assembly on 10 December 1948, was the
result of the experience of the Second World War. With the end of that war, and
the creation of the United Nations, the international community vowed to never
again allow atrocities like those of that conflict to happen again. World leaders
decided to complement the UN Charter with a road map to guarantee the rights of
every individual everywhere. The document they considered, and which would
later become the Universal Declaration of Human Rights, was taken up at the first
session of the General Assembly in 1946.
Preamble of the UDHR:

Simply proclaims the Declaration as a common standard of achievement of all

peoples and all nations.
Legality:
Does not impose any legal obligations on the States to give effect to its provisions.
From the legal point of view, the Declaration is only a recommendation and not
strictly binding on the States.
Drawbacks:
1. Not binding as law but only a recommendation to the States
2. Some of its provisions are very general.
3. Offers no means of implementation other than State goodwill.
Name of the Rights Universal Declaration Indian Constitution

Equality before law Article 7 Article 14

.

Prohibition of discrimination Article 7 Article 15 (1)

Equality of opportunity Article 21(2) Article 16 (1)

Freedom of speech and Article 19 Article 19 (1) (a)

expression

Freedom of peaceful assembly Article 20(1) Article 19 (1) (b)

Right to form associations or Article 23 (4) Article 19 (1) (c)

unions

Freedom of movement within the Article 13 (1) Article 19 (1) (d)

border

Protection in respect of conviction Article 11 (2) Article 20 (1)

for offences

Protection of life and personal Article 3 Article 21

liberty