2. Concepts under Unit - 2
United Nations Organization
United Nations Charter
Promotion and Protection of human rights
Universal Declaration of Human Rights
Covenant on Civil and Political Rights
Covenant on Economic, Social and Cultural Rights
3. United Nations Organisation (UNO)
United Nations is an intergovernmental organization.
It aim is to maintain international peace and security, develop
friendly relations among Nations, achieve international
cooperation, and be a centre for harmonizing the actions of
nations.
It is the world's largest and most familiar international organization.
The United Nations headquarters is at New York city, USA.
It has other main offices in Geneva, Nairobi, Vienna and The
Hague.
The official languages of the United Nations are Arabic, Chinese,
English, French,Russian and Spanish
4. History of UNO
The UN was established after World War II ( 1939 – 1945)
with the aim of preventing future wars, succeeding the
ineffective League of Nations on 25 April 1945, 50
governments met in San Francisco, California for a
conference and started drafting the Uited Nations Charter
which was adopted on 25 June 1945 and took effect on 24
October 1945, when the UN began operations.
5. League of Nations
League of Nations was a first intergovernmental organization.
It’s aim is to maintain a peace between the nations.
It was established by Paris Peace Conference after World War – I.
In 1918,President Woodrow Wilson sketched the international
body with a 14 points of statement of principles related to peace.
In 1919, it was approved by the 42 nations by treaty of versailles
and 10th January 1920 it was formally came into existence.
It has 4 permanent members.They are Britan, France,Italy and
Japan.
6. After League of Nations
It failed to act against the Japanese invasion of Manchuria (china) as in
February 1933. Forty nations voted for Japan to withdraw from Manchuria but
Japan voted against it and walked out of the League instead of withdrawing
from Manchuria.
It also failed against the second Italo- Ethiopian war despite trying to talk
to Benito Mussolini but he used the time to send an army to Africa.
The League had a plan for Mussolini to just take a part of Ethiopia, but he
ignored the League and invaded Ethiopia.
The League tried putting sanctions on Italy, but Italy had already conquered
Ethiopia and the League had failed.
After Italy conquered Ethiopia, Italy and other nations left the league. But all of
them realized that it had failed and they began to re-arm as fast as possible.
During 1938, Britain and France tried negotiating directly with Hitler but this
failed in 1939 when Hitler invaded Czechoslovakia.
When war broke out in 1939, the League closed down, and its headquarters
in Geneva remained empty throughout the war.
7. During World War II
The first specific step towards the establishmentof the United Nationswas the Inter-
Alliedconference that led to the Declarationof St. James Palace,London on 12 June
1941..The United Kingdom and the USSR agreed an alliancethe following month with
the Anglo-Soviet Agreement.
By August 1941, American President FranklinRoosewelt and British Prime
Minister Winston Churchillhad drafted the Atlantic Charter to define goals for the
post-war world.
At the subsequent meeting of the Inter-AlliedCouncil in London on 24 September
1941, unanimouslyadoptedadherence to the common principles of policyset forth by
Britain and United States.
President Rooseveltand Prime MinisterChurchillmet at the White House in December
1941 for Arcadia Conference. Roosevelt coined the term United Nations to describe
the Allied Countries.
8. The text of Declarationof United Nations was drafted on 29 December 1941, by Harry
Hopkins.
Roosevelt'sidea of the” FourPowers” referring to the four major Allied countries, the
United States,United Kingdom, Soviet Union and Republicof China emerged in the
Declarationby United Nations.
On New Year's Day 1942, President Roosevelt, Prime MinisterChurchill,MaximLitvinov,
of the USSR, and T.V .Soong of China, signed the “ Declarationby United Nations”,and
the next day the representativesof twenty-two other nationsadded their signatures.
During the war, "the United Nations" became the official term for the Allies. To join,
countries had to sign the Declarationand declare war on the Axis Powers.
During the Moscow Conference of 1943, the alliedcountries aimed for the creation "at
the earliest possible date of a general international organization".
9. The four powers declared a publicannouncement that a new international
organization wasbeing contemplatedto replace the League of Nations.
The Tehran Conference followed shortly afterwardsat which Roosevelt, Churchilland
Stalinmet and discussed the idea of a post-war international organization.
The new internationalorganizationwas formulated and negotiatedamong the
delegationsfrom the Allied Big Four at the Dumbarton Oaks Conference from 21
September to 7 October 1944.
After that, they met in a Yalta Conference and discussed about the aims, structure and
functioning of the new international organization.
On 25 April 1945, 50 governments and a number of non-governmentalorganizations
attendedthe UN Conference on InternationalOrganisation heldin San Francisco,
California.
10. The drafting of the Charter of the United Nationswas completed over the following
two months; it was signed on 26 June 1945 by the representativesof the 50 countries.
The UN officiallycame into existence on 24 October 1945, upon ratification ofthe
Charter by the five permanent members of the Security Council—theUS, the UK,
France, the Soviet Union and the Republicof China—and bya majority of the other 46
signatories.
At its founding, the UN had 51 member states, now it consists of 193 countries. All
most all sovereign countries are the members of the UN.
The UN has a five permanent members are as follows:
United Sates, United Kingdom, France, Soviet Union and Republicof China.
11. United Nations Charter( UN Charter)
The Charter of the United Nations (also known as the UN Charter) is the foundational
treaty(formal, legallybinding written document ) of the United Nations, an
intergovernmental organization.
It establishes the purposes, governing structure, and overallframework of the UN
system includingits six principalorgans.I.e., Secretariat, General Assembly, Economic
and Social Council, Security Council,Trusteeship Counciland InternationalCourt of
Justice.
The UN Charter mandatesthe UN and its member states to maintain
1. Internationalpeace and security,
2. Uphold international law,
3. Achieve "higher standards of living"for their citizens,
4. Address "economic, social, health, and related problems",
5. Promote "universalrespect for, and observance of, human rights
6. Fundamentalfreedoms for all without distinctionas to race, sex, languageor
religion.
12. Continue…
Its rules and obligationsare bindingon all members and supersede those of other
treaties.
The Charter came into force on 24 October 1945.
The Charter consists of a preamble and 111 articles grouped into 19 chapters.
The preamble consists of two principalparts.
1. The first part contains a general call for the maintenanceof peace and international
security and respect for human rights.
2. The second part of the preamble is a declarationin a contractualstyle that the
governments of the peoples of the United Nationshave agreed to the Charter and it is the
first international documentregarding human rights
13. Preamble & 19 chapters
Preamble of the Charter starts with “ We the peoples of the United Nations"
Chapter- I sets forth the purposes of the United Nations, includingthe important
provisionsof the maintenanceof international peaceand security.
Chapter- II defines the criteria for membership in the United Nations.
ChaptersIII – XV the bulk of the document, describe the organs and institutionsof the
UN and their respective powers.
ChapterXVI and ChapterXVII describe arrangements for integratingthe UN with
establishedInternational law.
Chapter XVIII and ChapterXIXprovide for amendment and ratification ofthe Charter.
17. United Nations Six Princial Organs
United Nations has six principal organs are as follows:
1. General Assembly
2. Security Council
3. Economic and Social Council
4. Trusteeship Council
5. International Court of Justice
6. The Sectretariat
18. The United Nations General Assembly (UNGA) is one of the six principal organsof the
United Nations(UN).
It serving as the main deliberative,policymaking,and representativeorgan of the UN.
Its powers, composition, functions, and procedures are set out in Chapter IV of the
United NationsCharter.
The UNGA is responsible for the UN budget, appointingthe non-permanent members
to the Security Council, appointingthe Sectretary – General of UN, receiving reports
from other parts of the UN system, and making recommendationsthrough
resolutions.
The UNGA is the only UN organ wherein all member stateshave equal representation.
General Assembly
19. UNGA meetings generallyrun from September to part of Januaryuntil all issues are addressed and it can
also take special and emergency special sessions.
Voting in the General Assemblyon certain importantquestions namelyrecommendationson
1.peace and security;
2. budgetaryconcerns;
3. the election,
4. admission,suspensionorexpulsionofmembers
is by a two – thirds members of those present and voting.
Other questions are decided bya simple majority.
Each member countryhas one vote.
The Assemblymaymake recommendations on anymatterswithin the scope of the UN, except matters
of peace and security under the Security Council consideration.
21. Security Council
The United Nations Security Council (UNSC) is one of the six principalorgans of
the UN.
It charged with ensuring
1. international peaceand security
2. recommending the admission of new UN members to the General Assembly
3. approvingany changes to the UN Charter.
Its powers include establishingpeacekeeping operations,enacting international
sanctions, and authorizingmilitary action.
The UNSC is the only UN body with the authority to issue binding resolutions on
member states.
22. The Security Councilconsists of 15 members of which 5 are permanent members and
the remaining 10 members are non- permanent members elected on a regional basis
to serve a term of two years.
The permanent members are:
United Sates, United Kingdom, France, Soviet Union(Russia) and Republicof China
24. Economic and Social Council
The United Nations Economicand Social Council (ECOSOC) is one of the six principal
organs of the UN.
ECOSOC serves as the central forum for discussing international economicand social
issues, and formulating policy recommendationsaddressed to member states and the
United NationsSystem.
ECOSOC holdsone four-week session each year in July, and since 1998 has also held an
annualmeeting in April with finance ministers headingkey committees of the World
Bank(WB) and the International MoniteryFund (IMF).
It consists of 15 specialized agencies that carry out variousfunctionson behalf of the
UN are as follows :
ILO, WHO, UNESCO,IMF, WTO, FAO, IACO,IFAD,IMO,ITU,UNIDO,UPU,WBG,WIPO,WMO
and UNWTO.
26. The Secretariat
The United Nations Secretariat is one of the six major organs of the UN.
The Secretariat is the United Nations'executive arm.
The Secretariat has an important role in setting the agenda for the deliberativeand
decision-makingbodies of the UN (the General Assembly, Economicand Social Council,
and Security Council), and the implementationof the decision of these bodies.
The Secretary – General, who is appointedby the General Assembly upon
recommendationsof Security Council, is the head of the secretariat.
Present Secretary General of UN is AntonioGuterres from Portugal.
The Secretary-General's duties include helping resolve international disputes,
administeringpeacekeeping operations,organizing internationalconferences,
gathering information on the implementationof Security Council decisions, and
consulting with member governments regarding variousinitiatives.
28. Trusteeship Council
The UN Charter established the Trusteeship Council as one of the main organs
of the United Nations.
UN assigned to it the task of supervising the administration of Trust Territories
placed under the international Trusteeship System (chapter -12, 1945)
The main goals of the International Trusteeship System were to promote the
advancement of the inhabitants of Trust Territories and their progressive
development towards self-government or independence.
The Trusteeship Council is made up of the five permanent members of the
Security Council -- China, France, the Russian Federation, the United Kingdom
and the United States.
The aims of the Trusteeship System have been fulfilled to the extent that all
Trust Territories have attained self-government or independence, either as
separate States or by joining neighbouring independent countries.
29. Under Article 77 of the Charter, the International Trusteeship System applied
to:
1. territories held under mandates established by the League of Nations after
the First World War
2. territories detached from "enemy States" as a result of the Second World
War; and
3. territories voluntarily placed under the System by States responsible for
their administration.
30. The Trusteeship Council suspended its operations on 1 November 1994, a
month after the independence of Palau, the last remaining United Nations trust
territory.
The Palau , formerly part of the Trust Territory of the Pacific Islands and got
independence in 1944 and it became a member state of the United
Nations in December 1994.
By a resolution adopted on 25 May 1994, the Council amended its rules of
procedure to drop the obligation to meet annually and agreed to meet as
occasion required -- by its decision or the decision of its President, or at the
request of a majority of its members or the General Assembly or the Security
Council.
32. International Court of Justice
The International Court of Justice (ICJ) is one of the six principal organsof UN.
It is also known as the World Court
It settles disputes between statesin accordancewith international law and gives advisory
opinions on internationallegal issues.
The ICJ is the only international court that adjudicatesgeneral disputes between countries,
with its rulings and opinions serving as primary sources of international law.
The ICJ is the successor of the Permanent Court of InternationalJustice(PCIJ)which was
established in 1920 by the League of Nations.
After the Second World War, both the League and the PCIJ were replaced by the United
Nations and ICJ, respectively.
All members statesof the UN are party to the ICJ Statuteand may initiate contentious
cases; however, advisory proceedings may only be submitted by certain UN organs
and agencies.
33. International law, also known as law of nations
It consists the set of rules, norms, and standardsgenerallyrecognized as binding
between nations.
It establishes normativeguidelines and a common conceptualframework for states
across a broad range of domains, includingwar, diplomacy,trade, and human rights.
Internationallaw aims to promote the practice of stable, consistent, and organized
internationalrelations.
36. Promotion and Protection of Human
Rights
UN can able to promote and protect the human rights by a number of ways
which are as follows:
HUMAN RIGHTS CONSCIOUSNESS:
The first and the most important role which the UN has played is that it has
made the people and the states conscious about the human rights and
fundamental freedoms.
The proclamation of the Universal Declaration of Human Rights containing the
Universal code of human rights may be regarded as the 1st step towards the
promotion and protection of human rights.
37. Codification of the Law of Human Rights:
The UN has codified the different rights and freedoms by making treaties for all
sections of the people such as women,child,migrant workers, refugees and
stateless persons.
Prohibition on the commission of inhuman acts such as genocide,apartheid,racial
discriminationand torture have been brought within the international rule of law.
Monitoring of human rights:
A no.of expert committees have been establishedunder particular treaties.
They are not subsidiary organs of the UN , but are autonomous.
The committees are termed as “ UN treaty organs.
Eg: committees on rights of child, eliminateDiscrimination against women,
migrant workers,etc.
38. Review of human rights situations:
The Human Rights Council has evolved the Universal Periodc Review (UPR)
system which involves a review of the human rights records of all the member
states of the UN to improve the human rights situations.
UPR involves assessing States human rights records and addressing human
rights violations whenever they occurred.
Coordination of Human Rights Activites:
High Commissioner of human rights post was created in 1993 with the
intention of strengthening the coordination and impact of UN human rights
activities.
He is charged with promoting and protecting the effective enjoyment by all of
all human rights of the member states.
39. By providing advisory services:
The high commissioner for human rights provides advisory services to
Governments to improve their human rights performance.
Assistance may be given to draft a constitution, establish and upgrade human
rights institutions ,prepare a New criminal codes, etc.
Enforcement Action by Security Council:
Security Council may take enforcement action under chapter VII if it
recommends that violations of human rights in a state is likely to endanger
international peace and security.
Eg: South Africa(1977), Libya (2011),Yugoslavia(1992),etc.
40. Promotion and Protection of Human
Rights through Principal Organs
The six principal organs make effective contribution to promote and protect
human rights and fundamental freedoms throughout the world.
The four(4) specialized agencies, namely,
1. International Labour Organization
2. World Health Organization
3. United Nations Educational, Scientific and Cultural Organization
4. Food and Agricultural Organization
Are successfully carrying out their activities in the human rights field.
41. Seven(7) monitoring committees are as follows
1. Committee on Elimination of Racial Discrimination
2. Human Rights Committee
3. Committee on the Elimination of Discrimination against Women
4. Committee on Economic,Social and Cultural Rights
5. Committee against Torture
6. Committee on the Rights of child
7. Group of three
Their functions are to monitor and supervise the implementations of human
rights through concerned multilateral treaties
42. Through Principal Organs
Through General Assembly:
The General Assembly under Article 22 of the UN Charter is empowered to
establish such subsidiary organs as it deems necessary for promotion and
protection of human rights.
Subsidiary organs are like Boards, Commissions, Committees, Councils ,Panels
and Working Groups and others.
Eg: International law commission, Special Committee on Decolonization,board
of auditors,human rights council, world Bank group,etc.
Security Council:
The primary function of this council is to maintain a international peace and
security.
In this process, it also deals with the human rights problems.
43. Economic and Social Council:
The main function of the council is promotion of economic and social
progress,better standards of human welfare and observance of human rights
and fundamental freedoms.
International Court of Justice:
It takes the contentious cases involving the violation of human rights.
The Secretariat:
It deals with the human rights questions through the
1. Division for the Advancement of Women of the Center for Social
Development and Humanitarian Affairs and
2. Office of Legal Affairs.
44. Treaty Monitoring Bodies
For successful implementation of the provisions embodied in international conventions and
declarations , certain monitoring bodies were setup.
They are:
1.Committee on the Elimination of Racial Discrimination:
It was established in 1969 pursuant to Article 8 of the International Convention on the
Elimination of All Forms of Racial Discrimination.
The Conventionalso includes an individualcomplaints mechanism,effectivelymakingit enforceable
against its parties.
2. Human Rights Committee:
It was establishedin 1976 in accordance with part IV of the International Covenanton civil and political
rights
It consists of 18 members elected by the state parties fora term of 4 years.
The main role of this committee is for monitoringand implementationofthe rights given under this
Covenant and its optionalprotocol.
45. 3. Committee on the Elimination of Discrimination against women:
CEDAW is an international legal instrument that requires countries to eliminate
discrimination against women and girls in all areas and promotes women’s and
girls’ equal rights.
It was established in 1982 to monitor the implementation of the convention
on the Elimination of all forms of discrimination against women.
It consists of 23 members elected by the state parties for a term of 4 years..
4. Committee against Torture:
Committee against torture was established by the state parties in 1987.
It’s main role lies with the monitoring of the implementation of the
convention against torture and other cruel,inhuman or degrading treatment
or punishment.
46. 5. Committee on economic,social and cultural rights:
It was constituted to monitor the implementation of the International Covenant on
economic,social and cultural rights.
6. Group of three:
The group consists of 3 members appointed by the chairman of the commission on human
rights from amongst the members of the commission who are also representatives of state
parties to the International Convention on the Suppression and Punishment of the crime of
apartheid.
They are appointed at each annual session.
Their task is to monitor the implementation of the convention
To consider reports received from state parties on the legislative,judicial,administrative or
other measures adopted by them.
It was adopted by the General Assembly on 1973 and came into force on 1976.
47. 7. Committee on the rights of child:
It was established in 1991 by the state parties to the convention on rights of
child.
It consists of 10 experts elected by states parties for a term of 4 years
The main function of this committee is to monitor the implemented of the
convention on the rights of child.
48. Universal Declaration of Human Rights
The UniversalDeclarationof Human Rights (UDHR)is an international document adopted
by the UN General Assembly that enshrines the rights and freedoms of all human beings.
It was accepted by the General Assembly during its third session on 10 December 1948at
the Palais de Chaillot in Paris, France.
Of the 58 members of the United Nations at the time, 48 voted in favour,none against,
eight were abstained,and two did not vote.
Honduras and Yemen didn’t vote to the declaration.
Byelorussian, Ukraine, Czechoslovakia, Poland, Saudi Arabia, South Africa, Soviet Union and
Yugolsavia were abstained to the declaration.
49. Origin of UDHR
The idea for the protection of human rights and fundamental freedoms was
conceived for the first time in the Atlantic Charter and Declaration of United
Nations.
The underlyingstructure of the UniversalDeclarationwas influenced by the Code
Nepoleonfrom French, includinga preamble and introductorygeneral principles.
Its final structure took form in the second draft prepared by French jurist Rene Cassin,
who worked on the initialdraft prepared by Canadianlegal scholar John Peter’s
Humphrey .
50. History of UDHR
During world War- II, the Friendly Nations (Allies) formally known as United Nations—
adoptedas their basic war aims the Four Freedoms: freedom of speech, Freedom of
religion, Freedom from fear and freedom of want.
When the founders of the United Nationsmet at San Francisco Conference in 1945 to
draft the UN charter and want to discuss the Internationalbillof human rights.
Panama wantedit to be incorporated aspart of the UN Charter.
But a specific list of Rights couldnot be prepared due to lack of sufficient time and
because super powers were not interested in precise legal obligationsand
internationalactionof human rights.
However,it was realized by many members that it should be an obligation of
the International community to promote human rights. The result was that
the Charter contained a number of provisions which of a general nature and
vague for the promotion and protection of human rights
51. After the UN Carter came into force , the most important task before the UN
was the implementation of the principles of the respect for human rights and
fundamental freedoms for all without distinction as to race, sex, language,
colour and religion as laid down in the article 55 of UN Charter.
In 1946, the Economic and Social Council formally endorsed the view that the
purpose of the UN with regard to the promotion and observance of human
rights could be fulfilled only if the provision was made for the international
bill of rights and for its rights to achieve the end.
A bill of rights, also called a declaration of rights or a charter of rights, is a list of the
most important rights to the citizens of a country. The purpose is to protect those
rights against infringement from publicofficials and privatecitizens.
52. Bills of rights may be entrenched or unentrenched. Anentrenched bill of rights cannotbe
amended or repealed by a country's legislature through regular procedure, instead requiring
a supermajority or referendum; often it is part of a country's constitution,and therefore
subject to special procedures applicable to constitutionalamendments. A bill of rights that
is not entrenchedis a normal statutelaw and as such can be modified or repealed by the
legislature at will.
In June 1946, the Economic and Social Council (ECOSOC)—a principal organ of the newly
founded United Nations responsible for promoting human rights—createdthe Commission
of Human Rights (CHR), a standingbody within the UN tasked with preparing what was
initially conceived as an Internationalbill of Rights.
CHR consistsof 18 members from various national, religious, and political backgrounds,so
as to be representativeof humanity.
In February 1947,the Commission established a special Universal Declaration of Human
Rights Drafting Committee, chaired by Eleanor Roosevelt of the United States,to prepare a
draft of the bill of rights. The Committee met in two sessions over the course of two years.
53. Preparation of UDHR
The procedure for the preparation of the draft of the International Bill of Rights was
also prescribed by the Economic and Social Council.
The draft committee at its First session( January 9to25,1947) prepared a preliminary
draft of the International bill of rights and its second session held from Dec 2 to 17
,1947.
However, due to the differences of opinion as to its forms and contents, the
Commission decided to apply the term International bill of rights to a series of
documents in preparation and established three working groups.
The Commission therefore decided to draw up simultaneously two sets of documents
I.e.,
1. a draft declaration consisting of a declaration of general principles on human rights
2. a draft convention, which would be a convention on such specific rights as would
lend themselves to binding legal obligations.
The Commission along with the above two documents also prepared a memorandum on
the question of implementation.
The three documents to be known as International Declaration on Human Rights,
International Covenant on Human Rights and Measures for Implementation. They would
together form the International Bill of Human Rights
54. The Commission met at Geneva and discussed about the draft declaration and the text
was circulated among member states and subject to several proposed amendments; for example
Hansa Mehta( socialist,feminist and independent activist) of India notably suggested that the
Declaration assert that "all human beings are created equal", instead of "all men are created
equal", to better reflect gender quality.
After CHR approval, the commission forwarded the approved text of the Declaration, as well
as the Covenant, to the Economic and Social Council for its review and approval in 1948.
The Third Committee( Social, Cultural and Humanitarian) of the General Assembly which
convened from 30 September to 7 December 1948, held 81 meetings concerning the draft
Declaration, including debating and resolving 168 proposals for amendments by UN member
states.
On its 178th meeting on 6 December, the Third Committee adopted the Declaration with 29
votes in favour, none opposed and seven abstentions. The document was subsequently submitted
to the wider General Assembly for its consideration on 9 and 10 December 1948.
The General Assembly adopted the declaration on 10th December 1948 through resolution
known as Universal Declaration of Human Rights. It consists of preamble and 30 articles.
December 10, the anniversary of the adoption of the Universal Declaration, is celebrated annually
as World Human Rights Day or International Human Rights Day.
56. Preamble of UDHR
The preamble refers to the faith in fundamentalhuman rights, in the dignity and
worth of the human person and in the equal rights of men and women which the
peoples of the UN have reaffirmed in the Charter of the UN and their determination
to promote social progress and better standardsof the life in larger freedom.
It also refers to the pledge taken by the member states to achieve in Co operation
with the UN, the promotion of Universalrespect for and observance of human rights
and fundamental freedoms.
Through the preamble, the General Assembly proclaimed the Universal
Declaration of Human Rights “as a common standard of achievement for all
peoples and all nations, to the end that every individualand every organ of society,
keeping this Declaration constantlyin mind, shall strive by teaching and education to
promote respect for these rights and freedoms and by progressive measures,
national and international, to secure their universal and effective recognitionand
observance, both among the peoples of Member States themselves and among the
peoples of territories under their jurisdiction.”
57. Articles of UDHR
The articles of UDHR are classified into four categories as follows:
1.General(art 1-2)
2. Civil and Political Rights (art 3-21)
3. Economic, Social and Cultural rights (art 22-28)
4. Concluding articles(art 29-30)
General(art 1-2):
Art 1: It declares that all human beings are born free and equal in dignity and
rights they are endowed with reason and conscience and should act towards one
another in a spirit of brotherhood
Art 2: No discrimination on the ground of race, colour,sex, language,
religion,place of birth,etc.
58. Civil and Political rights(art 3-21):
Art-3 Right to life:
Everyone has the right to life,liberty and security of person.
Art 4 Abolition of slavery:
No one shall be held in slavery or servitude. Slavery and the slave trade shall
be prohibited in all their forms.
Art 5 Abolition of torture:
No one shall be subjected to torture or to cruel,inhuman or degrading
treatment or punishment.
Art 6 Right to recognition:
Every one has a right to recognition every where as a person before the law
59. Art 7 Equality before the law:
All are equal before the law and are entitled without any discrimination to equal
protection of the law. Al are entitled to equal protection against any
discrimination in violation of this declaration and against incitement to such
discrimination.
Art 8 Right to remedy:
Every one has a right to an effective remedy by the competent national tribunals
for acts violating the fundamental rights granted him by the constitution or by
law.
Art 9 No arbitrary arrest:
No one shall be subjected to arbitrary arrest,detention or exile
60. Art 10 Right to fair hearing:
Everyone is entitled in full equality to a fair and public hearing by an
independent and impartial tribunal, in the determination of his rights and
obligations and of any criminal charge against him
Art 11 Presumption of innocence :
Every one charged with a penal offence has the right to be presumed innocent
until proved guilty according to law in a public trial at which he has had all the
guarantees necessary for his defense.
Art 12 Right to privacy:
No one shall be subjected to arbitrary interference with his privacy, family,home
or correspondence , not to attack upon his honor and reputation. Everyone has a
right to protection of law against such interfere or attacks.
61. Art 13 Right to freedom of movement :
Everyone has the right to freedom of movement and residence within the borders of
each state. Every one has the right to leave any country, including his own, and to
return to his country.
Art 14 Right to asylum:
Everyone has right to seek and to enjoy in other country asylum from persecution
Art 15 Right to nationality:
Every one has the right to a nationality. No one shall be arbitrarily deprived of his
nationality nor denied the right to change his nationality.
Art 16 Right to marriage:
Men and women of full age without any limitation due to race nationality or religion
have the right to marry and to found a family.
62. Art 17 Right to own property:
Everyone has the right to own property alone as well as in association with
others.
Art 18 Right to freedom of thought, conscience and religion:
Everyone has this right. It includes freedom to change his religion or belief and
freedom either alone or community with others and in public or private to
manifest his religion or belief in teaching practice worship and observance.
Art 19 Right to freedom of opinion and expression
Every one has this right. It includes to hold opinions without interferences and
to seek receive and impart information and ideas through any media and
regardless of frontiers
63. Art 20 Right to Assembly and association:
Everyone has the right to freedom of peaceful Assembly and association.
Art 21 Right to take part in the Government
Everyone has he Right to take a part in the Government of his country directly or
through freely chosen representatives . Everyone has the right of equal access to
public service in his country.
64. Economic, Social and cultural rights(art 23- 28)
Art 22 Right to social security:
Everyone is a member of society has the right to social security and is
entitled to realization through national effort and internationalCo
operation and in accordance with the organization and resources of each
state of the economic social and cultural rights indispensable for his
dignity and the freedom development of his personality.
Art 23 Right to work:
Everyone has the right to work to Free choice of employment to just and
favorable conditions of work and to protection against unemployment.
65. Art 24 Right to rest and leisure:
Every one has the right to rest and leisure including reasonable limitation of
working hours and periodic holidays with pay.
Art 25 Right to standard of living:
Everyone has the right to a standard of living adequate for the health and well-
being of himself and of his family including food,clothing, shelter and medical
care and necessary social services.
Art 26 Right to education:
Everyone has this right . Education shall be free atleast in the elementary and
fundamental stages. Elementary education shall be compulsory.
66. Art 27 Right to participate in cultural life:
Everyone has a right freely to participate in the cultural life of the community to
enjoy the arts and to share in scientific advancement and its benefits.
Art 28 Right to social and international order:
Everyone is entitled to a social and international order in which the rights and
freedoms set forth in this declaration can be fully realized.
67. Concluding articles(29-30)
Art 29 limitations:
The declaration laid down under art 29 certain limitations to these rights and
freedoms by providing the everyone has duties to the community in which alone
the final and full development of his personality is possible. The rights provided
in the Declaration is not absolute.
Art 30 interpretation :
Nothing in this declaration may be interpreted as implying for any state group or
person any right to engage in any activity or to perform any act aimed at the
destruction of any of the rights and freedoms set forth herein.
68. Influence of UDHR
The Universal Declaration has exercised a great influence both internationally
and nationally. It is a message to all who are committed to freedom, justice
and peace in the world. It is a message of hope, equality,liberation and
empowerment.
It has inspired a number of declarations and international conventions s
concluded under the auspices of the United Nations and of the specialized
agencies.
The provisions of the UDHR have also influenced various national
constitutions, national legislations, regulations and policies that protect
fundamental human rights.
69. Legal Effect of UDHR
The Universal Declaration, the Magna carta of rights was one of the first
major achievements of the United Nations in the field of human rights. The
Declaration set for the international community a common standard of
achievement.
It recognized the inherent dignity and the equal and inalienable rights of all
people in all nations.
The human rights in the form of norms mentioned in the Declaration are
fundamental in a moral sense and are universal, indivisible, interdependent
and interrelated.
It is the duty of the states regardless of their social, economical and political
systems to promote and protect human rights.
70. The system is not intended to be legally binding and therefore it didn’t
impose any legal obligations on the states to give effect to its provisions.
From a legal point of view,declaration was only a recommendation. It was
not strictly binding on the states.
The General Assembly proclaimed the declaration as a common standard for
all peoples and all nations and called upon all member states and all people
to promote and secure the effective recognition and observance of the rights
and freedoms set forth therein.
The main object of the declaration was to present the ideals of human rights
and freedoms in order to inspire everyone to work for their progressive
development.
71. India and UDHR
UDHR adopted and proclaimed by the GeneralAssembly of the UN on 10th
December 1948 by a vote of 48 member states.
India was the one of the country to signed in a Declaration of UDHR.
The Indian constitution adopted by the constituent Assembly on November 26,1949
which came into force from January 26,1950 was greatly influencedby the
declaration.
The preamble of the Constitution stated dignity of the individual which impled
that the worth inherent in the human person was well recognized.
Further, provisions of part III fundamental rights have a close resemblance to the
UDHR
A no of fundamental rights were guaranteed to individuals in part III of the Indian
constitution which were similar to the provisions of the declaration of UDHR.
72. Preamble of Indian constitution
We, the people of India, having solemnly resolved to constitute India into a
sovereign socialist secular democratic Republic and to secure to all its citizens:
Justice social,Economic and political
Liberty of thought,expression,belief,faith and worship
Equality of status and of opportunity and to promote among them all
Fratenity assuring the dignity of the individual and the unity and integrity of the
nation
In our constituent assembly this 26th day of November, 1949, do hereby
adopt,enact and give to ourselves this constitution.
73. Part III – Fundamental Rights of Indian
constitution and UDHR
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 expression Article 19 Article 19(1)(a)
Freedom of peaceful Assembly Article 20(1) Article 19(1)(b)
Right to form association or unions Article 23(4) Article 19(1)(c)
Freedom of movement within border Article 13(1) Article 19(1)(d)
Protection in respect of conviction
For offences Article 11(2) Article 20(1)
74. Protection of life and personal liberty Article 3 Article 21
Prohibition of slavery and forced labour Article 4 Article 23
Freedom of conscience and religion Article 18 Article 25(1)
Remedy for enforcement of rights Article 8 Article 32
Right to education Article 26 Article 21A
75. International Covenants on Human
Rights
The Commission on human rights in 1947,while considering the preliminary draft of
the International bill of human rights prepared by the drafting committee,
decided to draw a separate Covenant which would be a Covenant on such specific
rights as would lend themselves to binding legal obligations. The document was to
be known as internationalCovenant on human rights.
In order to prepare it, a working group was established which prepared a draft
Covenant consisting of 27 articles divided into 3 parts.
The first part described the obligation of states which adhered to the Covenant.
The second part defined some of the rights and freedoms listed in draft
declaration, in more precise terms
The third part described how accession to the Covenant would be effected and
how amendments would come into force.
The draft Covenant was forwarded to the governments for their Comments in
January, 1948.
76. Preparation of draft of two Covenants
The Commission in 1949 completed the draft of most of the articles of the
proposed Covenant on human rights and it would be presented to the
Economic and Social Council for submission to the General Assembly in 1950.
In the meantime, proposal was made in the Commission by Australia, Soviet
Union and Yugolsavia for the inclusion in the Covenant of articles on
economic, social and cultural rights.
In 1950, the General Assembly recommended the inclusion of the
economic,social and cultural rights in the Covenant.
Accordingly, the commission at its 1951 session proceeded to draft the
articles on economic, social and cultural rights.
When the draft was being considered by the Economic and Social Council, a
no of objections were made by many countries as to having both the
categories of Rights in one covenant
77. The argument advanced by them was that the economic,social and cultural rights
are different in nature and they are secondary rights. It was a misunderstanding
which was further spread by a terminology which grouped these rights into
different generation.
In 1952,the GeneralAssembly on the recommendationof the Economic and Social
Council decided that the two covenants shall be drawn up and directed to the
Commission on human rights to prepare two drafts for one dealing with civil and
political rights and other deals with economic,social and cultural rights.
The commission completed the preparation of the drafts of the two covenants by
the year 1954 and presented them to the Economic and Social Council.
After consideringthem submitted them to the General Assembly. The Assembly
assigned consideration of the questions to its third committee
(social,humanitarian and cultural) and it worked on drafts for 12 years and
consideringall the proposals of the countries.
78. Adoption of two covenants
On the recommendation of the 3rd committee, the General Assembly on
December 16,1966 adopted the 2 Covenants and also adopted the optional
protocols of the two covenants.
The two Covenants were open for signature on December 19,1966. Each
required 35 ratification before coming into force.
The civil and political rights and economic, social and cultural rights came
into force on January 3,1976
On February 3,2016
Civil and political rights had 168 parties
Economic, social and cultural rights had 163 parties.
Present, 173 members states adopted the Civil and political rights and 171
member states adopted the economic , social and cultural rights.
79. The Covenant on civil and political rights consists of 53 articles and is
divided into six parts.
While part I,II and III various freedoms and rights are enumerated
The other three parts are devoted with the implementation procedure for
effective realization of these rights along with the final clauses.
The International Covenant on economic,social and cultural rights is
considered of 31 articles which are divided into 5 parts.
80. Implementation procedure
The two covenants have separate system of implementation
The implementation carried through human rights committee.
Civil and political rights procedure as follows
1. Reporting procedure
2. Inter state communications system
3. Conciliation procedure
4.individual communication system
Economic, social and cultural rights procedure as follows
1. Reporting procedure
2. Inter state communication system
3. Individual communication system
4. Inquiring procedure
81. Covenant on civil and political rights
The Covenant on civil and political rights consists of 53 articles and is divided into six
parts.
While part I,II and III various freedoms and rights are enumerated
The other three parts are devoted with the implementation procedure for effective
realization of these rights along with the final clauses.
Part I of the Covenant containing Article 1 refers to the right of peopels to self –
determination. It declares that all peoples have the right freely to determine their political
status and freely pursue their economic,social and cultural development. The Covenant of
economic,social and cultural rights also stipulated the above provisions in article 1
Part II contains Articles 2 to 5 deals with rights and obligations of the states parties to the
Covenant. It includes the obligations of the states to take necessary steps to incorporate the
provisions of the Covenant in the domestic laws and to adopt such legislative or other
measures as may be necessary to give effect to the rights recognized in the Covenant. The
state parties ensure the equal right of men and women to the enjoyment of the civil and
political rights.
82. Part III of the Covenant containing Articles 6 to 27 provides for specific rights
of the individuals and obligations of the states parties as stated below:
1. The Right to life – art 6
2. Freedom from inhuman or degrading treatment – art 7
3. Freedom from slavery,servitude and forced labour – art 8
4. Right to liberty and security – art 9
5. Right of detenu to be treated with humanity – art 10
6. Freedom from imprisonment for inability to fulfill a contractual obligation –
art 11
7. Freedom of movement and to choose his residence- art 12
83. Freedom of aliens from arbitrary explosion- art 13
Right to fair trial- art 14
Non retroactive application of criminal law – art 15
Right to recognition as a person before the law- art 16
Right to privacy, family, home or correspondence –art17
Freedom of thought, conscience and religion- art 18
Freedom of opinion and expression – art 19
Prohibition of propaganda of wars –art 20
Right of peaceful Assembly- art 21
84. Freedom of association – art 22
Right to marry and found a family –art 23
Right of a child –art 24
Right to take part in the conduct of Public affairs,to vote and to be elected-art25
Equality before the law-art 26
Right of minorities – art 27
These are not absolute rights and are subject to certain limitations.
85. Part IV contains articles 28 to 45 dealing with various provisions relating to
the Constitution,powers, duties etc of the human rights committee.
Human rights committee is a monitoring committee for the Covenant.
Human rights committee consisting of 18 members and they are elected for a
term of 4 years. The committee doesn’t include more than one national of
the same state.
The Secretary General of the UN convenes meetings of the committee at the
head quarters of the UN. Every member of the committee shall before taking
up his duties make a solemn declaration in open committee that he will
perform his functions impartially and conscientiously.
The state parties to the Covenant to submit reports as to measures they have
taken for the protection of human rights.
86. Part V contains articles 46 and 47 deals with interpretation of various
provisions under the Covenant.
Part VI contains articles 48 to 53 deals with the membership to the members
and specialsized agencies.
The Covenant shall extend to all parts of the federal states without any
limitations and the state parties also give proposals to the amendment of the
Covenant.
87. Implementation procedure
In accordance with the provisions of civil and political rights, 38 state parties
to the Covenant met for the 1st time on September 20,1976 and they elected
the 18 members of the committee whose term begin from January 1,1977.
The human rights committee Carries out the implementation of the human
rights stipulated in the Covenant in 4 different ways are as follows:
The Reporting procedure:
In accordance with the para 1 of article 40 the state parties undertake to
submit reports on the measures they have adopted which give effect to the
rights recognized herein and on the progress made in the enjoyment of those
rights.
The states parties are required to submit the reports within one year of the
entry into force of the Covenant and thereafter,whenever the committee so
requests
88. Reports shall be submitted to the Secretary General of the UN who shall
transmit them to the committee for consideration
the reports shall indicate the factors and difficulties, if any,affecting the
implementation of the provisions.
The human rights committee in accordance with article 40(1)(b) of the
Covenant at its 13th session held in 1981 adopted a decision on periodicity
which requires state parties to submit subsequent reports to the committee
every 5 years.
89. Inter state communication system:
The violation of human rights provisions by one state is the concern of the
whole world.
If the provisions of the Covenant are not given effect by a state,other
states may make complaints regarding the violations before the human
rights committee.
Article 41 of the Covenant lays down the procedure for making
communications. The first is the bilateral negotiations between the states
concerned.
If the state party to the present Covenant considers that another state
party is not giving effect to the provisions of the Present Covenant it may
bring the attention of that state party. The communication should be in
writing.
90. The receiving state,within 3 months shall communicate the sending state an
explanation or any other statement in writing clarifying the matter. The
explanation or statement should include to the extent possible and pertinent
to domestic procedures and remedies taken pending,available in the matter.
If the matter is not adjusted to the satisfaction of both the state parties
concerned within 6 months after the receipt by the receiving state of the
initial communication.
Either state has the right to refer the matter to the human rights committee,
by notice given to the committee and to other state.
The committee taken the notice only after that all domestic remedies have
been invoked and exhausted in the matter.
The ccommunication is examined by the committee is a closed meeting and
decision of the committee is to be bound by the state parties.
91. Conciliation procedure:
The conciliation procedure is adopted by the Human rights committee
in those cases of inter state communication where a matter referred
to it is not resolved to the satisfaction of the state parties concerned.
In such cases, the committee may appoint an ad hoc conciliation
commission with the prior consent of the state parties concerned with
a view to an amicable solution of the matter on the basis of a respect
for the Covenant.
The Commission shall be consisted of 5 persons acceptable to the
state parties concerned. The Commission shall elect its own chairman
and adopt its own rules of procedure. Generally the meetings are held
at UN headquartersor UN office at Geneva.
92. The Commission shall submit a report to the chairman of the committee for
communication to the state parties concerned. The Commission shall not
take more than 12 months in considering the matter.
The amicable solution to the matter on the basis of respect for human rights
as recognized in the Covenant is reached, it shall confine its reprt to the
Committee of human rights and the Committee can give it to the state
parties.
Individual communication system:
Individuals have also been given a right to make petitions before the human
rights committee against the state violating any of the rights provided in the
Covenant on civil and political rights.
It is provided in the optional protocol to the Covenant on civil and political
rights.
93. Covenant on Economic,Social and
Cultural Rights
It was adopted by the General Assembly of the UN on 16th December, 1966 and
entered into force on 3rd January, 1976.
These rights are also called as a second generation rights. These are
incorporated in various national and international documents.
The Covenant consists of 31 articles divided into 5 parts.
Part I consisting of article 1 which deals with the all people have the right to
self determination. By virtue of that right they freely determine their
political status and freely Pursue their economic,social and cultural
development.
Part II consists of articles 2 to 5 deals with that the each state party
undertakes to take steps, individually and through international assistance
and cooperation, especially economic and technical to the Maximum of its
available resources.
94. Part III consists of articles 6 to 15 impose obligation on the state parties to
the present Covenant to recognize and ensure certain rights,which are
essential for survival of human life as follows:
Right to work –art 6
Right to just and favorable conditions of work - art 7
Right to form and join trade unions – art 8
Right to social security- art 9
Right relating to motherhood and childhood,marriage and the family – art 10
Right to adequate food,clothing,housing and standard of living and freedom
from hunger – art 11
Right to physical and mental health-art12
95. Right to education includinga plan for implementing compulsory primary education-
art 13
Right relating to science and culture – art 14
Right of everyone to take part in cultural life – art 15
Part IV contains articles from 16 to 25 which lays down the provisions relating to
international implementation of the various rights incorporated in the present
Covenant.
The state parties submit its reports to the Economic and Social Council and it
transmit those reports to the human rights committee to study and make
necessary recommendations. The council submit its reports to the general
assembly and it take decisions and make necessary amendments.
Part V contains articles of 26 to 31 deals with the provisions of the Covenant shall
extend to the all parts of the federal states without any limitations and gives right
to state parties to propose any amendment , according to these proposals GA can
make suggested amendments.
96. Committee on Economic,Social and
cultural rights
This committee is established on May 28,1985. The committee is composed of
18 members are internationally recognized experts in the relevant fields. The
members are elected by the Economic and Social Council through state
parties.
The committee is charged with monitoring he implementation of the
Covenant by the state parties and submit it reports to the Economic and
Social Council. The committee met for the first time in 1987.
The committee in 1988 decided to prepare general comments on the rights
and provisions contained in the Covenant with a view to assist state parties in
fulfilling their reporting obligations. It was also viewed that the adoption of
general comments will serve as a means of promoting the implementation of
the Covenant.
97. Implementation Procedure
Implementation of the rights enumerated in the Covenant on Economic, Social and
Cultural rights is quite different from the Covenant on civil and political rights.
It is primary because Implementation of Economic and Social rights is a local and
national issue. It is in the national parliaments that essential legislation has to be
adopted.
The state parties commits themselves to take steps,individually and through
international assistance and co-operation to the maximum extent of their
available resources, to achieve progressively the full realization of the rights
recognizedin the Covenant.
The Covenant providing the reporting system for the implementation of the
rights.
The optional protocol to the Covenant on Economic,social and cultural rights
adopted in 2008 provided different modes such as individuals communications
system, inter state communications and inquiry procedure for the implementation
of the rights.
98. The first three are reporting system, inter state communication system
and individual communication system are same of the Covenant on civil
and political rights.
The only difference is that the inquiry procedure is under the
Economic,social and cultural rights wheareas conciliation procedure is
under the civil and political rights
Inquiry procedure:
A state party at any time declare that it recognizes the
competence of the committee for inquiry procedure.
If the committee receives reliable information indicating grave or
systematic violation by a state party of any of the
Economic,social and cultural rights set forth in the Covenant.
99. The Committee shall invite that state party to cooperate in the examination
of the information.
The Committee after receiving information and observation from the state
party, may designate one or more on its members to conduct an inquiry and
to report urgently to the committee. The inquiry may include a visit to its
territory when it is necessary with the consent of the party.
Such inquiry shall be conducted confidentially and the cooperation of the
state party shall be sought at all stages of the proceedings. After examining
the findings of such an inquiry, the committee shall transmit the findings to
the state party concerned together with any comments and
recommendations.
100. The state party within 6 months of receiving the findings, shall make
comments and recommendations transmitted by the committee, submits its
observations to the committee. After such proceedings have been completed
with regard to an inquiry, the committee may after consultation with the
state party concerned,decided to include a summary account of the results of
the proceedings in its annual report.
Reporting system is to be noted that it is the one with which the international
community has had the most successful experience. It is eminently suited to
the implementation of the economic,social and cultural rights.
