Que: 1-What is Rights?
Ans: A right means a claim advanced by an individual or a group of individuals enforceable in a court of law.
Hence it is to say that, “all rights are claim but all claims are not right.
Example: man is a national animal”.
It is also said that “all demand are want but all want are not demand”.
Example: A bigger who has a demand for a car but he can not afford it for want of wealth.
Right is an interest created by ordinary law by the constitution.
Example: Fundamental rights, Bill of rights.
Que: 2-What is human right? What are the essential elements of human right? What do you mean by fundamental right?
Human right: human rights are these of legal and moral rights which are inherent by nature. These rights come with birth and are applicable all members of the human family irrespective of their six, calour, race, etc.
We also say that human rights are universally inherent, inalienability and inviolable rights of all members of the human family which the states are primarily to ensure to their citizens by providing a well defined procedure.
If we analyze this definition then we get three essential elements of human rights. These are given below:
(i) Universal inherent.
(ii) Inalienability.
(iii) Obligation of the state to ensure human rights to their citizen by providing well defined procedure.
Philosophy: no discrimination can be made in respect of the enjoyment of human rights in the ground of sex, colour, religion or language. It concern with dignity and worth.
Human rights are 4 types:
(1) Civil rights
(2) Political rights
(3) Social and cultural rights
(4) Economic rights.
Fundamental rights:
When certain human rights are written down in a constitution and are protected by constitutional guaranties they are called Fundamental rights. They are called Fundamental rights in the sense that they are placed in the supreme or Fundamental law of the land which has a supreme sanctity over all other law of the land.
Difference between the human right and fundamental right?
If we analyzed the definition than we get some difference, these are given below:
Fundamental rights | Human rights |
1. Fundamental rights are the subject of constitutional law. | 1. Human rights are the subject of international law. |
2. Fundamental rights are only applicable individual living in a state. | 2. Human rights are applicable all members of the human family, in respect of sex, calour, etc. |
3. Fundamental rights are judiciary enforceable by the court of law of a state. | 3. Human rights are not judiciary enforceable by the court of law of a state. |
4. Fundamental rights can be suspended during the proclamation of emergency. | 4. The question of suspending Human rights due the proclamation of emergency does not at all arise. |
5. Fundamental rights have territorial limitation. They have no application as Fundamental rights out side the territory of a Particular case.  6. Fundamental rights are the part. | 5. Human rights have no territorial limitations, they have universal application. 6. Human rights are the whole. |
At last we can say that all Fundamental rights are Human rights, but all Human rights are not Fundamental rights.
Que 3-Why it is said that the idea of human right involved to a great extent, as a result of political absolutism explain?
Ans: Human rights are those legal and moral rights which are inherent by nature. This right comes with birth and are applicable all members of the human family irrespective of their sex, colour, and race e.t.c.
The idea to a great extent evolved as a result of political absolutism since right of man became a slogan against the injustices and indignities committed by tyrannical or despotic governments. In order to limit the power of such government, attempts began to be made by the leaders of revolution to set down certain minimum rights in charters, bills, petitions or declarations that could be demanded by all citizens.
Thus the provision of the magna carta, which was in fact a treaty of peace in June 1215 between king john of England and the wealthy land owners or barons in arms, were designed to ensure the prohibition of imposition of arbitrary taxation by the king without the assent, of the create council and arbitrary seizure of property by royal officials freedom of movement for merchants within the realm trial by jury e.t.c. the object of the magna carta was to protect the barons from inferior treatment by the government , subsequently many of the rights and grunts granted to them were extended to the common people. Thus the magna carta, which was in no sense a peoples charter and contained in addition to the preamble 63 clauses, subsequently become the charter of England liberties’ and at presents, it is considered as of the most important landmarks in the history of human rights and free government.
The struggle of the Englishman in the 1600s also resulted in two more very significant human rights documents. The petition of rights of 1628 and the bill of rights of 1689. The petition of rights which was adopted by the parliament in a legal form protected the individuals against arbitrary taxation or benevolence without parliamentary approval, arbitrary imprisonment, and despotic quartering troops in private home.
Whom the English revolution arises disposed of King James II in 1688. The parliament with a view to consolidate the results of the revolution and to prevent another re-emergence of arbitrary royal rule, adopted the Bill of rights in the form of a statue. This Bill of Rights is considered as one of the most important documents in English Constitutional history.
Thus the petition of Rights and the Bill of Rights placed on the king’s power and gave more power to the parliament and the courts.
The American revolution arise, triumphant over the English king who refused to allow the colonists to have a say in the governance of the colony and subjected them to unfair taxation without representation, adopted the Bill of Rights in Virginia on 12 June 1776.
The French revolution Aries , who were the middle class and peasant people, having disposed of the nobles and bing in July 1789 set forth with remarkable lucidity in the history’ declaration of rights of man and of the Citizen. It proclaimed that “men are born and remain free and equal in rights”.
Que 4: Explain the karabvasaks notion of 3 generation of Human Right?
Ans: The context of Human Right is of 4 kinds:
(i) civil rights
(ii) political rights
(iii) economic rights
(iv) social and cultural rights
The first two kinds of rights i.e. civil and political rights are called the first generation of Human Rights.
The rest two kinds of rights i.e. economic, social and culture rights are called the 2ed generation of Human Rights.
Apart from these rights there is other kind of rights which is called the solidarity rights. It is known as 3rd generation of Human Rights. It is some time called the collective rights. Such as “peoples rights to self determination”.
Que 5: The real history of Human Rights at the level of international law begun during the later part 20th century?
Ans: before the 2nd world war the concept of human rights was a matter within the domestic jurisdiction of the stages to grant or deny rights to their citizens.
During the pre-world war efforts for the protection of religious freedoms, protection for war prisoners and treatment wended, protection of minorities can not be described as universal. Because they were not general human rights to which all members of the human family entitled.
But in course of time as, result of the work of international, regional governmental and non governmental organization, human rights transcend national boundaries and become a international concern.
The United Nations organization which was established in 24 October 1945 and one of the purposes of the United Nations organization is to promote respect for human rights and fundamental freedoms. The charter of the uno embodies to the concept of Human Rights.
The charter of the UNO is the first international instrument in which the nations of the world community agreed to promote human rights and fundamental freedoms on an international level.
The universal declaration of human rights which was adopted by the general assembly of UNO on 10 December 1948 , which contains a vast content of Human Rights. The declaration exercised a powerful influence through out the world both internationally and nationally and have inspired the preparation of international human rights instruments both within and outside the United Nations sustem.
Thus it can be said that the real history of human rights at the level of international law began during the later part 20th century.
Que 6: The content of Human Rights has broadly been defined at various stages of human history explain?
Ans: It may be mentioned here that the content of human rights – civil, political, economic, social and cultural rights, has broadly been defined at various stages of modern history. It is noticeable that the human rights mentioned in the English petition of rights and the Bill of Rights, as well in the Virginia Bill of Rights and the American declaration of independence and in the franc declaration of the rights of man are all civil and political rights. The civil and political rights are primarily associated with the English, American, and France
Que 7: Does the movement against the slave trade? Why it is said that the movement against slavery itself?
Ans: Slave trade and slavery are inconsistent to personal freedom and the dignity of man. For this reason there was the protected movement both at national and international levels to abolish slavetrade and slavery.
At the national level, for the first time the slave trade was abolish in Denmark
In Briten the parliament abolish slave trade in 1807.
But later on in 1833 Briten adopted of abolishing slavery.
In France
At the internation lave, for the first time USA UK
In 1815 the five great powers the treaty of Vienna
The treaty of Vienna
Later on in 1841 the treaty of London
In 1842 USA UK Brussels
In the Brussels
After the First World War the Great powers also at the peace conference fell the necessity to out law slavery.
The latest anti-slavery convention was signed by 49 nations under United Nations auspices in 1956.
Thus we say that the movement against the slave trade gradually transformed into a moment against slavery itself.
Que 8: At first not the individual but groups of individual minority appears to the concept of civilized nation as a need of protection of the international level?
Ans: The pre world war ii international attempts to preserve certain rights of the groups of individuals was unorganized and can not be considered as universal in nature.
During the pre world war II attempts to secure religious freedom were efforts by members of one religion on behalf of their co-religionist else where. Protestant power generally tried to secure religious freedom for Protestants in etholic countries but not for Muslims, Buddhist or jeues.
To abolish slavetrad and slavery attempts were taken nationally and internationally. But most of the efforts which were taken internationally to abolish slavery were only in principle.
During the 19th century and early part of the 20th century there were same international attempts to ensure better protection for prisoners of war and treatment of wounded. But the attempts were almost isolated.
For the protection of minorities, peace treaties and minorities treaties were adopted. But the obligation under these treaties were imposed on the defeated states and the new or league of nation did not undertake similar obligation. Moreover the international protection of rights was only extended to the minorities, while the some rights if the victims belonged to the majority of the population, out of reach of the protection of the League of nation.
During the first part of the 20th century attempts were also taken to ensure the welfare of individual workers under the covenant of the League of Nations obligation were adopted for this purpose. ILO was also established under the League of Nations . But the failure of the League of Nations some what destroyed all these attempts.
This it appears that all the efforts during the pre world II for the protection of religious freedom, protection for war prisoners and treatment of ownded, protection of minorities and laborers can not be described as universal in nature.
Que 9: What is the relation between war violation of Human Rights and peace and enter cement of Human Rights?
Ans: Violation of Human Rights is a common matter during the war time. In no ages war was expected. Growing threat of was particularly necle or war treaded the peace and seceerity.
Dispossession and extermination of Jews and minorities arbitrary plaice change and seizer, imprisonment torture and execution with out public treat cause unanimous violation of Human Rights the gross violation at Human Rights due to illegal war, still threading the peace.
In fact World War II becomes a cru sate for Human Rights. Political leaders took measures for the international protection of Human Rights to ensure international peace.
Peace is a matter of Human Rights. When the demand of Human Rights arises as an international concern it was realized that peace and ………
Que 10: What is the significance of the declaration?
Ans: The real history of Human Rights at the international level began with the adoption of the universal declaration of Human Rights 1948. Even the UN charter did not contain any definition or catalogue of Human Rights and fundamental freedoms, the universal declaration of Human Rights introduce for the first time a full catalogue of Human Rights and fundamental freedom. It is the basic international statement of the inalienable and inviolable rights of all members of the human family.
The general assembly on 10th December 1948 proclaims the declaration as a common standard of achievement for all peoples and all nations.
(Next answer in the seat)
Que 11: What are the jurisdictions of Human Rights committee?
Ans: there are 3 jurisdiction of the Human Rights committee.
i) Supervisory jurisdiction under the provision of article UO of the International covenant of civil and political rights.
The state parties to the present covenant undertake to submit report on the measures they have adopted which give effect to the protected rights and on the progress made in the enjoyment of this rights.
All report shall be submitted to the secretary. General of the United nation, who shall transmit them to the committee for consideration.
The secretary general of the united nation may, after conclusion with the committee, transmit to the specialized agencies.
ii) To deal with state communication under the provision the Article 41-43 of international covenant of civil and political rights it shall make available its good efface to the state parties concerned with a view to reaching an amicable solutions of the matter which is satisfactory for them. If this result is not brought about the committee shall submit a report to the state parties concerned within 12 months. It is to be noted that this report has no binding affect whatever on the state parties.
The committee shall consist of fix persons acceptable to the states parties concerned.
iii) And to deal with individual communication under Article 1-6 of the first optional protocol, to the international covenant of civil and political rights.
The optional protocol to the international covenant of civil and political rights which was to enter into force after ratification by 10 countries. Provides that any state party can by ratification of the protocol, recognized the competence of the HRC to receive and consider communication from individuals subject to its jurisdiction, who claim to be victims of violation of any rights set forth in the covenant, the state concerned shall be enforce of the communication by written explanation and a statement of any remedies provided in the case.
Que 12: What is the significance of UN charter concerning in respect of Human Rights?
Ans: There are 2 theories concerning and significant the UN charter in respect of Human Rights.
The charter embodies nice direct reference to the concept of the Human Rights and fundamental freedoms in the preamble, Articles: 1(3), 8, 13(i) (b), 55(c), 56, 62(2), 68 and 76(c). That is why it is said that- the idea of the recognition and protection of Human Rights is a woven like a golden thread thought the entire charter as are of the principle objectives of the United Nation organization.
The responsibility for international implementation of the obligation of promoting and encouraging respect for Human Rights and fundamental freedoms for all is vested in the general assembly and under its authority in the Economic and Social council and trust ship council.
The charter of the united nation is the first international instrument in which the nation of the world community agreed to promote respect for Human Rights and fundamental freedoms on an international level. Under Auricle 56 , all members pledge themselves to take joint and separate action in co-operation with the organization for the achievement of the purposes set forth in article 55 to promote respect for and observance of Human Rights and fundamental freedoms for all without distinction as to race, sex, religious and language.
Although Human Rights constituted a theme which recurs again through out the charter and is singular in its predominance, the charter contains no definition, catalogue of Human Rights and fundamental freedoms.
The charter has little to say directly about Human Rights are scattered, thus we cryptic the term Human Rights appears infreignently, although in vital contexts.
Many have a promotional or programmatic character for they refer principally to the purposes or goals of the UN or to the competent of different UN organs. Encouraging respect for Human Right assisting in the realization of Human Rights promote…….universal respect for and observance of Human Rights not even a provision such as Article-56 which refers to undertakings of the UN, contains clear language of obligation. It notes only that states pledge themselves including the promotion of observance of Human Rights. Note also the prominence in these provisions of the nation of equal protection.
Pp118-119
International Human Rights in context law, polities, morels.
Henry j, Sterner ……and Philip abstain 1996.
Que 13: The references of the Human Rights of UN charter are scattered? Do you agree with the view?
Ans: That is why it is said “The idea of the recognition and protection of Human Rights is woven like a golden thread throughout the entire charter as one of the principle objectives of the United Nation organization.
The charter of the United Nation is the first international instrument in which the nation of the world community agreed to promote Human Rights and fundamental freedoms on an international level.
UN shall promote respect for and observance of Human Rights and fundamental freedoms, for all without distinct is to race, sex, language religion.
Although Human Rights constitutes a theme which recurs again and again through out the charter and is singular in its predominance, that is why it is said that the reference of the Human Rights of UN charter one scattered.
Que 14: Does the provision of Article 2(7) of the UN charter…. The so chatted domestic jurisdiction clause constitute a major impairment in established the obligatory nature of Human Rights provision of the charter?
Ans: However there have been a number of obstacles to the realization of the full potential of this principle. The major impediment in establishing the obligatory nature of the Human Rights provision has always been Article 2(7) of the charter itself the so called “domestic jurisdiction clause”.
On the basis of this clause it has been frequently argued that the protection of Human Rights is a matter which is essentially within the domestic jurisdiction of the member state, and that there fore any obligation within that context is precluded by the application of Article 2(7). The whole question of Human Rights is bedeviled by the rule of the sovereign state and the idea of domestic jurisdiction.
However the conclusion that Article 2(7) in no manner modifies the pledge to respect Human Rights. It is only relevant in considering the power of the United Nation in enforcing the obligation. The only effect it could possible have is to limit the powers of the Economic and Social council, and of the general assembly together with other subsidiary bodies, in initialed studies, discussing situations and making recommendation in the field of Human Rights.
Paragraph 7 of article 2 refers only to such action on the part of the United Nation as amount to intervention. It does not rule out measures falling short of intervention. Intervention is a technical term of, on the whole unequivocal connotation.
Intervention is thus a predatory demand or an attempt at interference accompanied by enforcement or threat of enforcement in case of non-compliance. That interpretation of the term intervention complies an answer with the question of the limits of the action of the organ of the UN. Undertaking in order to encourage and promote the observance.
Universal declaration of Human Rights
Que 15: Why it called the jus cogens?
Ans: It has acquired the status of jus cogens in international law. The principle of jus cogens the nation of peremptory norms of international law-is a norm accepted and recognized by the international community of states as a whole as a norms from which no derogation law that require the states to abstain norm the violation of Human Rights constitute jus cogens and all agreement made in contravention of these rule are considered illegal. Judge Mosler of the international court of justice took account of the dignity of the human person and decelerated that obligation to prospect Human Rights fall in the domain of jus cogens 83.
Que 16: What is the philosophy of Human Rights?
Ans: The universal declaration of Human Rights. Which consist of a preamble and 30 Article is based on the philosophy that “All human being are born free an equal in dignity and rights. They are endowers one another in a sprit of brotherhood. The declaration given pride of place and indeed of emphasis to basis principle of equality and non-discrimination as regards the enjoyment of all the rights and freedoms set forth in it. Every one is entitled to the rights without distinction of any kind. Such as race, colour, sex, language, religion, political and other opinion national or social origin, property birth or other status”.
Que 17: What is mean by internation bill of rights?
Ans: The international bill of Human Rights is initially consist of the flowing instrument:-
(i) The universal declaration of Human Rights, 1948.
(ii) The international covenant on economic, social and cultural rights, 1966.
(iii) The internation covenant on civil and political right, 1966.
(iv) Optional protocol to the internation covenant of civil and political right, 1966.
Later on, on the year 1989 the general assembly adopted the 2nd protocol to the international covenant on civil and political rights aiming at the abolition on death penalty which is now also included in the international Bill of Rights.
Que 18: What are the functions of Human Rights Committee?
Ans: (i) Supervisory jurisdiction under the provision of Article 40 of the international Coventry
(ii) To deal with state communication (under the provision of Article 41-43) of internation covenant of civil and political rights.
(iii) And to deal with individual communication under Article 1-6 of the first optional protocol, to the internation covenant of civil and political rights.
Que 19: What are the co-documents of Human Rights?
Ans: The flowing documents are co-documents of Human Rights –
(i) Universal declaration of Human Rights.
(ii) International covenant Economic, Social and Cultural rights.
(iii) Internation covenant on civil and political rights.
(iv) Internation convention on elimination of all forms of racial discrimination, 1963.
(v) The elimination…………………………against woman, 1979.
(vi) Convention against fortune and other eusol, in human regarding treatment or punishment, 1984.
(vii) Finally conventions on the rights of the child, 1989.
This are document which are consider as co-documents of Human Rights.
Que 20: Although the two international covenants on Human Rights are based on the universal declaration of Human Rights? Evolutes the statement?
Ans: The rights covered are not identical. The most important rights mentioned in both the covenants and not contained in the declaration is the rights to peoples, to self determination. Similarly, the international covenant of civil and political rights that are not listed in the declaration, among them the right of ethnic, religious or linguistics minorities to enjoy their own culture, to profess and practice their own religion and to use their own language.
On the other hand some rights are listed in the declaration such as rights to property, right to asylum, are not included among the rights recognized in the covenant.
Que 21: Asses the nature of obligation of member state under the covenant?
Ans: The nature of the right and freedom set out in the two covenants is substantially different. This the Economic, Social and culture rights are formulated in general terms with an overall clauses providing for permissible limitations as determined by law in a democratic social and solely for general welfare purposes. The civil and political rights are defined in a more precise manner setting out in the instance of each right the specific permissible limitation necessary to protect national security, public order, public health or morals or the rights and freedom of others.
Although the two international covenants on Human Rights were adopted to put into binding legal form the rights proclaimed in the declaration, obligation of the ratifying states under the covenants are not identical.
The covenant on civil and political and immediate obligation on each of the state of the parties to “respect and ensure” the rights enumerated to all individuals within its territories and subject to its jurisdiction and to take necessary steps for their implementation by legislative authority in order to have such remedies determined and enforced (Article-2 the international covenant on civil and political rights)
On the other hand, the obligation assumed by the state parties under the international covenant on Economic, Social, Cultural rights is “undertakes to take steps, individually and through international assistance and co-operation……..to the maximum of its available resource, with a view to achieving progressively the full realization of the rights recognized in the …….covenant by all appropriate means, including particularly the adoption of legislative measures.
Que 22: What are the functions of Human Rights committee?
Ans: So secure the proper observance of its provisions. The international covenant of civil and political rights calls for the establishment of a Human Rights committee, an international organ composed of 18 members elected by the state parties to the covenant. It is the duty of the committee to study the reports to be submitted by the states on the measure they have adopted to give effect to the protected rights and on the progress made in the enjoyment of these rights such reports must be submitted through the secretary. General to the Human Rights committee on its request however the, committee submits the reports with its comments to all member states, it may also transmit them to the Economic, Social council and through the Secretary General to the specialized agencies. (Article 28-40 of the covenant of civil and political right).
It shall make available its good offices to the states parties concerned with a view to reaching an amicable solution of the matter which is satisfactory for them. If this result is not brought about, the committee shall submit a report to the state parties concerned within 12 months. It is to be noted that this report has no binding affect whatever on the state parties. (Article 41 civil and political rights).
The committee shall submit to the general assembly of the United Nation. Through the Economic and Social council, an annual report on its activities. (45)
Que 23: How was the UN charter adopted?
Ans: The formation of the UN was the result of years of discussion between leaders of the allied powers, commencing with permitting between president D. Roosevelt and Mr. Winston Charcill on board the prince of wells in the Atlantic on 14 August 1941 . As a result of their discussion they issued the Atlantic charter which formulated 4 freedoms.
(i) Freedoms of speech and expiration.
(ii) Freedoms of every person to worship God in his own way.
(iii) Freedom from want.
(iv) Freedom from fear.
Which was to be the basis of the world war order of the future.
5 months later in January 1942, 26 nations meeting in Washington, D. E pledge themselves to accept the aids of the Atlantic charter and for the first time use the term united nation coined by president pranklin D. Roosevelt in signing the declaration by the United Nation on January 1, 1942.
In the declaration the members state put on the quote that “ Complete victory over their enemas (it jar many, Italy, Japan) is essential to defend life, liberty, independence and religious freedom and preserved Human Rights and justices in their own land as well as in other land”.
Thus the United Nation egged in the midst of World War II. The primary object of which were the termination of the war through the unconditional surrender of the exist power and the establishment of an in doling and harmonious peace in the world community.
In 1943 the USA United Kingdom China
Roosevelt Churchill met at Yalta 25 April 1945 to deals the charter of the United Nation. This conference took place in sun Francesco and was attempts by 50 nations.
The purposes of the conference was to draft the charter of the new organization of peace of the objection of the UN as a whole were greatly enlarged and broadened revoking around a central idea, that peace can not be established in a fasion so long as oppression durable injustice and economic distress prevail in the world. And through to its purdiced a constitution for a world organization, a charter conceived of Yalta June 26, 1945 in Sunfracisco and which come into force in 24 October 1945 .
There are one hundred Eleven Articles in UN charter.
Que 24: What is the effect of the provisions of the UN charter on member state? Or,
Does the UN charter impose a positive obligation on the member state observe Human Rights within their own territory?
Ans: United Nation charter is the multilateral treaty. It we take into the account article 55, 56 than we find UN charter imposes. Obligation to its member state. If is to be noted that UN charter is the multilateral treaty.
The operative term in article 56 is that war pledge. Pledge may adequately be defined as pledge a promise or agreement by which one binds himself to do forbear something. It has been suggested that the obligation is limited to merely the promotion of international co-operation in realization of the purposes describing Article in 55. However the conclusion is difficult to accept as the obligation extent beyond mere co-operation with the united nation. The Article states that the member states are not only obligated to act jointly and in co-operation with the organization but they have also assumed the duty to take separate action to promotion of the Human Rights.
The Legislative history of this provision demonstrative that the significant of the pledge to take. Separate action. The Article 56 originated as a proposal which read “All members pledge him selves to take joint and separate action in co-operation with the organization and with each other to achieve this purposes. Thus there was, initially a clearly stated, three foaled pledges to take joint action, separate action and co-operate with the organization. If is certainly amenable that Article 56 did not incorporation this original proposal. In any event the next proposal limited the pledge to that of mere co-operation jointly and severalty with the organization for the achievement of these purposes.
However, this proposal was rejected in favor of the final text of the Article, which reintroduced a three fouled pledge. Extending beyond mere co-operation. Admittedly this three foaled pledge one not as lucid nor as unequivocal as the original proposal but never the less there is a definite pledge to take separate action in promoting the Human Rights beyond the limits of mere co-operation.
The argument that the duty is limited to member state to respect Human Rights in this relationship with in its own citizen is also incapable of support in closer the sureties. It is difficult to complete how a nation world denies Human Rights with in his own jurisdiction and not in contravention of an obligation to promote respect for Human Rights in international sphere. Promotion of a principle cans certainly never beach hypocrisy. So the pledge to take separate action, the purposed set forth Article 55 must if their pledge is the have enemy carry with it a positive duty on the part of a member state to respect and observance of, Human Rights and fundamental freedoms and subject within boundaries.
Que 25: How was the universal declaration of Human Rights adopted in 1948?
Ans: The preparatory work for the adoption of the universal declaration of Human Rights is a remarkable event in the history of international co-operation and consensus. The text was drafted in two years between January 1947, when the commission on Human Rights first met and December 1948, when the general assembly adopted the universal declaration.
At the first instance the commission on Human Rights was established by the economic and social council on 16 December 1946 to frame an international bill of rights.
The commission first held its regular session on January 1947. After a general discussion it was decided that the bill should take the form of an assembly resolution. But the commission made how attempt at its first session to draft the bill of rights but it did appoint a committee consisting of its chairperson Mrs. Roosevelt, its vice chairman, D.C. Chang and its reporter, chortles malik. His committee of three held only one meeting and found self without a mandate but the committee did ask he director of the Human Rights division in the secretariat to prepare an outline of an international bill o Human Rights.
Before this could be done it was complained that the drafting committee of three did not provide for appropriate geographical distribution. In 24 march 1947 Mrs. Roosevelt appointed a new drafting committee of eight member with due rehard for geographical distribution.
The new drafting committee held its first meeting on June 1947. The drafting committee took the decision to prepare two document, one in the form of a declaration of Human Rights, the other in the form of a covenant or convention which would define rights and limitation on their enjoyment.
The committee proponed and submitted to the commission the draft of the universal declaration of Human Rights and of an international covenant on Human Rights. The committee used the secretariat outline as the basis of its work. The commission then revised the draft declaration but did not have time to consider the covenant and commissions draft together with the covenant was sent up to the general assembly………………………………
(Next parts see in the set).
Que 26: Discuss the provision of the UN charter concerning Human Rights?
Ans: Unlike the constitution of the League of Nations , which is the predecessor of the UN, the charter/ constitution of the newly established organization recognize that there could be no real and enduring peace among the nation of the world without of the individual who made up this nation. Although the proposals put forward by the delegation of Chile, Cuba, and panama (panama even urged the incorporation of bill of rights) to insure the protection of specified Human Rights by the UN was explicitly rejected at the charter embodies 9 direct reference of Human Rights and fundamental freedoms in the preamble, Article-1(3), Article-13(1)(b), Article-55e, Article-56, Article-62(2), Article-68, Article-8 and Article-76(c).
(Article 2 the international covenant on Economic, Social and Cultural Rights).
Article 6-15 of the ICESCR set forth 10 rights. Article 6-27 of the JCCPR provides 22 rights.
Que 27: What are the UN organs which have been given the role in the charter to promote respect for and observance of Human Rights?
Ans: There are 6 organs in UN charter. These are given bellow-
(i) Security Council.
(ii) Economic and Social council.
(iii) The trust ship council.
(iv) General Assembly council.
(v) The international court of justice.
(vi) Secraterian.
There are 3 organs which have been given the rule in the charter to promote respect for and observance of Human Rights.
(1) General Assembly (Article 13(1)(b) of UN charter). Promotion international co-operation in the Economic, Social, Cultural, Educational health fields and assisting in the realization of Human Rights and fundamental freedoms for all without distinct as to race, sex, language and religion.
(2) Economic and Social Council (Article 62(2)). All members pledge themselves to take joint and separate action in co-operation with the organization for the achievement of the purposes set forth in article- 55.
(3) The trust ship council article-76(c). To encourage respect for Human Rights and fundamental freedoms for all without distinct as to race, sex, religious and language and to encourage religious of the interdependent of the peoples of the world.
Human Rights
Preamble: we the peoples of the United Nations determined to save succeeding generation from the scourge of war, which twice in jour life time has brought untold sorrow to man kind, and
To reaffirm in fundamental Human Rights in the dignity and worth of the human person in the equal rights of men and woman and of nations large and small, and
To establish conditions under which justice and respect for the obligations arising from treaties and other sources of international law can be maintained, and
To promote social progress and letter standards of life in large freedom.
Art 1(3): To achieve international corporation in solving. International problems of an economic, social, cultural or humanitarian character and in promoting and encouraging respect for Human Rights and for fundamental freedoms for all without distinction as to race, sex, language or religion.
Art 8: The United Nations shall place no restriction on the eligibility of men and women to participate in any capacity and under conditions of equality in its principle and subsidiary organs.
Art(1b): Promotion international cooperation in the economic, social, cultural, educational and health fields and assisting in the realization of Human Rights and fundamental freedoms for all without distinction as to race, sex, language and religion.
Art 55(c): Universal respect for and observance of Human Rights
And fundamental freedoms for all without distinctions to race, sex, language or religion.
Art 56: All members pledge themselves to take joint and separate action in cooperation with the organization for the achievement of the purposes set forth in act 55.
Art 62(2): It may make recommendations for the purpose of promoting respect for and observance of Human Rights and fundamental freedoms for all.
Art 68: The economic and social council shall up set commission in economic and social fields and for the promotion of Human Rights and such other commission as may be required for the performance of its functions.
Art 76(c): To encourage respect for Human Rights and for fundamental freedoms for all without distinction as to race, sex, language or religious and to encourage recognition of the inter dependence of the peoples of the world.
Influence of declaration
The influence of the universal declaration of Human Rights is deeper and more lasting than any political document or various revolutions of the United Nations and in various national and international documents. Constitution municipal legislation and court decisions.
Influence on the resolution of the united nation:
The general assembly and the Security Council invoked the universal declaration of Human Rights in their resolution and decisions.
In a resolution of 1949 adopted by the general assembly, called upon every nation to promote full freedom for the peaceful expression of political opposition, full opportunity for the exercise of religious freedom and full respect for all the other fundamental rights expressed in the UDHR.
The Security Council also invoked the UDHR in its decisions. On 4 December 1963 Security Council adapted a resolution in which requested the Govt of so 4th Africa to cease the discrimination and repressive measures which are contrary to the principles and purposes of the charter and the UDHR.
Influence on certain declarations:
The UDHR has been refereed to in some statutes agreement and declarations. The declaration on the granting of independence to colonial confirms and peoples which was adopted by the general assembly in 1960, provides that states shall observe faithfully and strictly the provisions of the universal declarations Human Rights. The assembly used similar language in the declaration on the elimination of all forms of racial discriminations 1963.
Influence on conventions:
International covenant on Economic, Social and Cultural rights and the international covenant on civil and political rights and international convection on the elimination of all forms of racial discrimination which were adopted by the general assembly are tuallyobased on the universal declaration of Human Rights.
The inter-American convention on Human Rights considers the principles set forth in the universal declaration of Human Rights.
Influence on national constitutions:
The principles of the declarations are reflected in the new constitutions of France and federal republic of Germany, India, Pakistan, Bangladesh, Libya, Syria, Uganda, Kenya, Sudan, Malaysia e.t.c. mobt of the civil and political rights set forth in the declaration are provided in part iii “fundamental rights” of the 1972 Bangladesh constitution.
Influence on municipal legislation:
The influence of UDHR on municipal legislations is found in all continents. In this context some recent examples are Canada Bolivia
Influence on court decisions:
The universal declaration of Human Rights has influence many decisions of national courts. For example, in sej fejii vs. California California America
Significance of the UDHR:
The real history of Human Rights at the international level began with the adoption of the universal declaration of Human Rights 1948. Even the UN charter did not contain any definition or catalogue of Human Rights and fundamental freedoms, the first time a full catalogue of Human Rights and
fundamental freedoms. It is the basic international statement of the inalienable and inviolable rights of all members of the human family.
The general assembly on 10th December, 1948 proclaims the declaration as a common standard of achievement for all peoples and all nations.
Mrs. Roosevelt, the then chairperson of the commission on Human Rights, predicting in the general assembly that the declaration “might well become the international magnacarta of all mankind.
In an address to the United Nations in 1979 pope john Paul II referred to the declaration as “the basis inspiration and cornerstone of the united nations”.
Charles malik, one of the drifters of the declaration and chairman of the 3rd committee, said:……… “The very substance of the declaration of Human Rights was contained in the charter and was governed by specific provisions. The declaration continued and in a way supplemented the charter”.
Professor Ren cassion of France, the person most responsible for the draft of the instrument also supports this view: “the declaration was an authoritative interpretation of the charter, of the highest order”. Thus the declaration which promised a better world is inseparably linked with the United Nations charter.
The director general of the UN office and under-secretary general for Human Rights Jan marten son said-“the declaration is nothing less than a monument to humankind”.
It was the first agreed and authentic catalogue of Human Rights, the purpose of which is to explain the contents of the Human Rights precisions of the UN charter.
The declaration sets forth the Human Rights and fundamental freedoms to which all men and women every where in the world are entitled without any discrimination. It brought a message of hope and belief in human dignity.
Que28: How was the universal declaration of Human Rights adopted in 1948?
Ans: The preparatory work for the adoption of the UDHR is a remarkable event in the history of international cooperation and consensus. The text was drafted in two years- between January 1947. When the commission on Human Rights first adopted the universal declaration.
At the first instance the commission on Human Rights was established by the Economic and Social council in 16th February 1946 to frame an international bill of rights.
The commission first held its regular session on January 1947. After a general discussion it was decided that the bill should take the form of an assembly resolution. But the commission made no attempt at its first session to draft the bill of rights. But it did appoint a committee consisting of its chairperson Mrs. Roosevelt its vice chairman, P.C. change rapproterur chartes Malik. This committee of three held only one meeting and found itself without a mandate but the committee did ask the director of the Human Rights division in the secretariat to prepare an out line of an international bill of Human Rights.
Before this could be done it was complained that the drafting committee of three did not provided for appropriate geographical distraction. In 24th march 1947, Mrs. Roosevelt appointed a new drafting committee of eight members with due regard for geographical distribution.
The new drafting committee held its first meeting on June 1947. The drafting committee took the decision to prepare two document, one the form of a declaration of Human Rights; the other in the form of a covenant or convention which would define rights and limitation on their enjoyment.
The committee prepared and submitted to the commission the draft of the universal declaration of Human Rights and of an international covenant on Human Rights. The committee used the secretariat outline as the basis of its work. The commission then revised the draft declaration but did not have time to consider the covenant and commission draft together with the covenant was sent up to the general assembly.
The general assembly referred the draft to its third committee which devoted eighty. One assenting and 168 formal amendments were proposal to it. Although the draft was routed though the ECOSOC the council as bush took no part in the drafting of the declaration.
There were many debates. Some Islamic states objected to the articles on equal marriage rights and on the rights to change religious believes which several western countries criticized the inclusion of economic, social, and cultural rights. On 10th December 1948 , the UN general assembly unanimously adopted the universal declaration of Human Rights with abstention. Since then 10th December is celebrated every where world wide as Human Rights day.
Lecturer _ Dr. Ershadul Bari.
No comments:
Post a Comment