The Universal declaration of Human Rights

The jus cogens

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.

Philosophy of universal declaration of Human Rights

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”.

International bill of rights

The international bill of Human Rights is initially consisting 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 international covenant on civil and political right, 1966.

(iv) Optional protocol to the international 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.

The functions of Human Rights Committee

(I) Supervisory jurisdiction under the provision of Article 40 of the international Coventry civil and political rights.

(II) To deal with state communication (under the provision of Article 41-43) of international covenant of civil and political rights.

(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 co-documents of Human Rights

The flowing documents are co-documents of Human Rights –

(i) Universal declaration of Human Rights.

(ii) International covenant Economic, Social and Cultural rights.

(iii) International covenant on civil and political rights.

(iv) International 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.

Two international covenants on Human Rights

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.

The nature of obligation of member state under the covenant

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.

The functions of Human Rights committee

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)

The adopted of UN charter

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, the Soveat, United Kingdom, China the most power of the UN agreed in meeting in Mosco to set up a peace keeping purposes of the organization at which all were invited to join. The principles have not been accepted but it remained to work out the Machinery avoiding the rettfals that had weekend the League of the Nations. This work was done in October 1944 at a great wooded estate known as Dumbarton Oaks proposals the blueprint for the establishment of the new world organization, the United Nations which was Succeeded the League of Nations and prepared by the US, UK, USSR and China………indicated among the purposes of the organization that it should “promate respect for Human Rights and fundamental freedoms”.

Roosevelt Churchill met at Yalta in February 1945 and agreed upon their basic skill. They also decided to call on 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, modeled at Dumbarton oaks completed on June 26, 1945 in Sunfracisco and which come into force in 24 October 1945.

There are one hundred Eleven Articles in UN charter.

The effect of the provisions of the UN charter on member state, &

UN charter impose a positive obligation on the member state observe Human Rights within their own territory

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.

Universal declaration of Human Rights adopted in 1948

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 documents, 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………………………………

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.

The UN Organs

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.

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, panama etc.

Influence on court decisions:

The universal declaration of Human Rights has influence many decisions of national courts. For example, in sej fejii vs. California it was observed by the court that the restrictions contained in the alien land law of California are in direct conflict with art 17 of the UDHR. In America federation of labors vs. American sash s door co. it was mentioned that art 20(2) of the universal declaration forbade anyone’s being compelled to belong to an association.

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.