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The idea of human rights pre-dates the United
Nations. Yet it was only with the setting up of this body that it
finally achieved formal, universal recognition.
The international community has grown and
changed enormously in the course of the twentieth century, but it
was one event—the Second World War—that prompted the victors
to try to assemble a forum, firstly to deal with some of the War's
consequences, but foremost to help provide a way to prevent such
appalling events in the future. This forum was the United Nations.
The founders of the United Nations responded
to the horrors of the Second World War by emphasizing human rights
in the Organization’s Charter. At the San Francisco Conference,
where the Charter was adopted, some 40 non-governmental organizations
successfully lobbied delegates for relatively strong language on
human rights.
The Charter of the United Nations was signed
on 26 June 1945. It states that the main objective of the new organization
is ‘to save succeeding generations from the scourge of war’
and ‘to reaffirm faith in fundamental human rights.’ Article
1 of the Charter states that one of the aims of the United Nations
is to achieve international co-operation in ‘promoting and
encouraging respect for human rights and for fundamental freedoms
for all without distinction as to race, sex, language or religion.’
The Articles of the Charter have the force
of positive international law because the Charter is a treaty and
therefore a legally binding document. All United Nations Member
States must fulfill in good faith the obligations they have assumed
under the Charter of the United Nations, including the obligations
to promote and respect for human rights, to promote observance of
human rights, and to co-operate with the United Nations and other
nations to attain this aim. However the Charter does not specify
human rights and does not establish any specific way to ensure their
implementation in Member States.
In 1946, the UN established the Commission
on Human Rights the principal policy-making body for human rights
within the UN system.
Under the Chairmanship of Eleanor Roosevelt (USA), human rights
activist and widow of former U.S. President Franklin Roosevelt,
the Commission took up the job of defining basic rights and freedoms.
Key contributors included René Cassin (France), Charles Malik
(Lebanon), Peng Chun Chang (China), Hernan Santa Cruz (Chile), Alexandre
Bogomolov/Alexei Pavlov (Soviet Union), Lord Dukeston/Geoffrey Wilson
(United Kingdom), William Hodgson (Australia) and John Humphrey
(Canada).
Originally composed of 18 members States,
the Human Rights Commission now has 53 members who meet annually
in Geneva to review human rights issues, develop and codify new
international norms, and make recommendations to Governments. Non-governmental
organizations play an active role.
After thorough scrutiny and 1,400 rounds
of voting on practically every word and every clause, the General
Assembly adopted the Universal Declaration of Human Rights on 10
December 1948 in Paris at the newly built Palais de Chaillot.
Spelling out individual rights and freedoms
for everyone, the Declaration was unprecedented. It remains the
first pillar of twentieth-century human rights law and the cornerstone
of the universal human rights movement.
The Universal Declaration is built on the
fundamental principle that human rights are based on the inherent
dignity of every person. This dignity, and the rights to freedom
and equality which derive therefrom, are undeniable.
Although the Declaration does not have the
binding force of a treaty, it has acquired universal acceptability.
Many countries have cited the Declaration or included its provisions
in their basic laws or constitutions. And many human rights covenants,
conventions and treaties concluded since 1948 have been built on
its principles.
The United Nations strives to create a culture of human rights around
the world. The broadest legally binding human rights agreements
negotiated under UN auspices are the International Covenant on Civil
and Political Rights and the International Covenant on Economic,
Social and Cultural Rights.
Both were adopted in 1966 and entered into
force in 1976. They take the Universal Declaration a step further
by making provisions legally binding. A majority of the world’s
countries are parties to the two Conventions, thereby opening the
door to international monitoring of their human rights practices.
Along with the Universal Declaration, they
comprise the International Bill of Rights.
The task of drawing up an International Bill
of Human Rights defining human rights and freedoms referred to in
the Charter, was charged upon the Commission on Human Rights, established
in 1945. A major step in drafting the International Bill of Human
Rights was realized on 10 December 1948, when the General Assembly
adopted the Universal Declaration of Human Rights ‘as a common
standard of achievement for all people and nations’.
Since the Universal Declaration became international
law, many other conventions have convened and many specialized agencies
have been set up to monitor, and enforce human rights standards
that pertain to specific issues such as the rights of refugees,
the rights of working people, and the special rights of children.
Much of the work of the United Nations is built upon the basic principles
of human rights set forth in the Universal Declaration of Human
Rights.
One of the greatest achievements of the United Nations is the creation
of a comprehensive body of human rights legislation. For the first
time in history, there exists a universal code of human rights one
to which all nations can subscribe and to which all people can aspire.
Since 1948, some 60 human rights treaties
and declarations have been negotiated at the United Nations. Some
examples are:
1948 Convention on the Prevention and Punishment of the Crime of
Genocide
1961 Convention Relating to the Status of Refugees
1965 International Convention on the Elimination of All Forms of
Racial Discrimination
1979 Convention on the Elimination of All Forms of Discrimination
Against Women
1984 Convention against Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment
1989 Convention on the Rights of the Child
1990 International Convention on the Protection of the Rights of
All Migrant Workers and Members of Their Families
Within the UN system, there are six committees that monitor compliance
of States parties to specific treaties:
The Committee on the Elimination of Racial Discrimination
The Human Rights Committee
The Committee on Economic, Social and Cultural Rights
The Committee against Torture
The Committee on the Elimination of Discrimination Against Women
The Committee on the Rights of the Child
On 20 December 1993, after nearly 50 years
of alternate hope and disappointment, the General Assembly voted
unanimously to create the post of UN High Commissioner for Human
Rights. The High Commissioner coordinates the UN human rights programme
and promotes universal respect for human rights. Appointed by the
UN Secretary-General and approved by the General Assembly, the first
High Commissioner was Jose Ayala-Lasso of Ecuador, who took up his
duties on 5 April 1994. The current High Commissioner, Mary Robinson,
former President of Ireland, began her job on 12 September 1997.
During the 1990s, the United Nations witnessed a dramatic increase
of human rights activities in field operations. Depending on the
needs of the situation, these activities combine monitoring of human
rights violations, education, training and other advisory services.
Currently, such operations exist in Abkhazia/Georgia,
Burundi, Cambodia, Colombia, Gaza, Guatemala, Haiti, Malawi, Mongolia,
the Democratic Republic of the Congo, Rwanda and the former Yugoslavia.
Since 1945, non-governmental organizations
have contributed immensely to the work of the United Nations and
human rights—as a source of information and a force for meaningful
change.
In 1968, the United Nations held the first
International Conference on Human Rights in Tehran, Iran. The Proclamation
of the Conference emphasized the link between civil and political
rights and economic, social and cultural right.
Twenty-five years later, in 1993, the United
Nations convened the World Conference on Human Rights in Vienna,
Austria. The Vienna Declaration and Programme of Action stress the
universal nature of human rights and the need to fight all forms
of racism, discrimination, xenophobia and intolerance. It also places
strong emphasis on the rights of women, children, minorities and
indigenous people.
Hopes are high for a June 1998 conference in Rome to establish an
international criminal court, which would form a vital part of an
emerging system of international human rights protection.
For nearly half a century, the United Nations
has recognized the need to establish an international criminal court
to prosecute and punish persons responsible for crimes against humanity.
In the absence of such a court, two ad-hoc criminal courts have
been set up to judge war crimes in the former Yugoslavia and in
Rwanda.
General Assembly Resolution 49/184 of 23 December 1994 proclaims
the ten-year period beginning on 1 January 1995 the United Nations
Decade for Human Rights Education. The resolution states that “human
rights education should involve more than the provision of information
and should constitute a comprehensive life-long process by which
people at all levels in development and in all strata of society
learn respect for the dignity of others and the means and methods
of ensuring that respect in all societies.”
Growing international awareness, fostered
by mass communications, has heightened the sense of urgency for
respect of human rights. Thousands of individuals and citizens groups
around the world are fighting for their rights and freedoms. United
Nations action for human rights continues. Yet millions of people
around the world suffer some serious violation or deprivation of
their basic rights and freedoms—everything from torture, rape
and corrupt judicial systems to bonded labour, hunger and lack of
access to health services, housing, sanitation and water. Will there
ever be a global culture of human rights?
The global quest for commitment to the Universal
Declaration of Human Rights involves everyone. The campaign relies
heavily on thousands of dedicated individuals and citizens’
groups who often risk their lives for the cause. Increased involvement
in the defense of human rights helps to build an environment where
freedom and dignity are expected and respected. It is up to each
and every one of us—from Presidents and Prime Ministers to
business executives, farmers and students—to work toward this
dream.
Adapted from United Nations Publication DPI/1967 98-03917 March
1998 25M
Copyright © 2000 United Nations Publications
cyberschoolbus@un.org
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