DAMODARAM SANJIVAYYA

NATIONAL LAW UNIVERSITY

SABBAVARAM, VISAKHAPATNAM, A.P., INDIA

PROJECT TITLE: INTERNATIONAL RELATIONS AND HUMAN RIGHTS

SUBJECT: POLITICAL SCIENCE

NAME OF THE FACULTY: Dr. T. Y. NIRMALA DEVI

Name of the Candidate: Ch. Naga Rupaswini

Roll No. 20LLB025

Semester- II

1
ACKNOWLEDGEMENT

I would sincerely like to put forward my heartfelt appreciation to our respected Political
Science teacher Nirmala Devi ma’am for giving me a golden opportunity to take up this
project regarding INTERNATIONAL RELATIONS AND HUMAN RIGHTS. I have tried
my best to collect information about the project in various possible ways to depict clear
picture about the given project topic.

2
3
 TABLE OF CONTENTS:

1) ABSTRACT...................................................................................................................5

2) SYNOPSIS.....................................................................................................................6

3) INTRODUCTION..........................................................................................................8

4) UNIVERSAL PROTECTION OF HUMAN RIGHTS..................................................9

- U.N. Charter and Human Rights:...............................................................................9

- U.N. Bodies Primarily concerned with Human Rights..............................................9

- The Universal Declaration of Human Rights...........................................................12

- THE INTERNATIONAL BILL OF HUMAN RIGHTS.........................................14

5) KEY INTERNATIONAL CONVENTIONS ON HUMAN RIGHTS........................15

- Conventions Relating to Inhuman, Cruel and Degrading Acts................................15

- Conventions Relating to Vulnerable Groups............................................................17

6) MEASURES OF IMPLEMENTATION FOR PROTECTION AND

ENFORCEMENT OF HUMAN RIGHTS...................................................................19

7) U.N. FUND FOR HUMAN RIGHTS..........................................................................20

8) VIENNA DECLARATION.........................................................................................20

9) CONCLUSION............................................................................................................20

10) BIBLIOGRAPHY........................................................................................................21

4
ABSTRACT:
TITLE OF THE PROJECT: INTERNATIONAL RELATIONS AND HUMAN
RIGHTS

Since the proclamation of the Universal Declaration of Human Rights in 1948, human rights
have become a widely accepted global norm, encoded in United Nations documents, regional
agreements and many national constitutions. Nonetheless, the world still fails to fully abide
by the provisions in the Declaration, and human rights violations continue across the globe.
While international politics remain ultimately dominated by power relations, the world has
become more hypocritical. The term human rights is thus used frequently and understood
rarely. In principle, although not in practice, human rights are not subject to any political
forces, and seek to protect the inherent dignity of each human being at all times and in all
places. Yet, the concept of human rights remains essentially contested. Thus, there is
significant disagreement on how to theoretically justify that all human beings have rights by
virtue of their being human.

The promotion of human rights can be discussed mainly at two levels. The first one is the
domestic political system, where a struggle for legal recognition and effective protection and
implementation of universally recognized human rights has been taking place. The
development of civil and political rights dating from the 18th century and social and
economic rights from the 19th and 20th centuries followed more or less the same pattern in
Western Europe first and then, the rest of the world. Starting from the establishment of the
United Nations, the promotion of human rights has made its way into the interstate relations
and gained an international dimension as well.

5
 SYNOPSIS
INTRODUCTION:

Few issues divide cynics from idealists as sharply as the role of human rights in foreign
affairs. R.J. Vincent's book, Human Rights and International Relations, attempts to bring
some order to this debate by providing a history of rights thinking in Western and three
selected non-W estem cultures, a survey of the current practice in human rights discussion,
and finally, a proposal on the role human rights should play in the foreign policy of the
developed nations. After a carefully argued and rather abstract discussion, Dr. Vincent
conduces that the most urgent human right in need of protection is the right to life, which
defines as the right to subsistence and security. This primary right also includes the liberty
necessary to assert. it. However, this seemingly limited definition of human rights in
international society imposes enormous correlative duties on the developed world, making
the book more appealing as a work of political philosophy than as a prescription for
policymakers.

Sixty-six years after the founding of the United Nations, human rights looks like an insular
world unto itself: A system with its own standards, institutions and mechanisms, a world of
experts still far from being intrinsically connected to people’s daily life worlds. Insofar as the
mass media pay attention to human rights questions and issues, their focus is primarily on
international relations and foreign policy. This would not give any reason for concern if the
emphasis were just on human rights as an end to be achieved. What permeates international
relations is, however, human rights as an instrument to uplift a state’s own credibility while
undermining that of other states. In that respect two distinctive ways of twisting human rights
may be discerned: Offensive and defensive human rights.

OBJECTIVE OF THE STUDY:

i) The researcher here is trying to discuss about International relations and human
rights.
ii) Further the researcher discusses about universal protection and key international
covenants of human rights.

6
SCOPE OF THE STUDY:

The researcher is limiting the scope to Human rights with respect to International relations.

MODE OF CITATION:

The Oxford Standard for Citation of Legal Authorities (OSCOLA).

REASERCH QUESTION:

Whether human rights have become legal rights under the law of United Nations or not?

RESEARCH METHODOLOGY:

This project is purely Doctrinal and based on secondary sources such as books, articles. The
referencing style followed in this project is OSCOLA format of citation. This research
process deals with theoretical, explanatory and analyzing information that is collected. The
research is purely descriptive in its boundaries of the topic.

LITERATURE REVIEW:

S.K. KAPOOR, INTERNATIONAL LAW AND HUMAN RIGHTS.

Learned yet simple in approach, this publication allows us to simply grasp the key concepts
of human rights. This discusses about historical background of human rights and legal
solutions.

DAVID.P. FORSYTHE, HUMAN RIGHTS IN INTERNATIONAL RELATIONS.

In this work all the technical rules of provisions have been illustrated and explained in lucid,
comprehensive and systematic manner. This work has richness of content and
comprehensiveness of the different aspects under the concept.

SIGNIFICANCE OF THE STUDY:

i) One can understand the key concept of human rights in relation with international
law.
ii) One can comprehend the relevance of human rights in current scenario with
respect to international relations.

CHAPTERAIZATION:

7
 1) Introduction
2) Universal Protection of Human Rights
3) International Bill of Human Rights
4) Key International Covenants on Human Rights
5) Measures of Implementation
6) Conclusion

INTRODUCTION: -
Human rights are nowadays a permanent feature of international relations. The concept of
human rights, or rather “rights of men”, was already known in the eighteenth century. The
Virginia Bill of Rights of 1776 was incorporated in 1791 in the United States Constitution
and the French Declaration of the Rights of Man and Citizen was coined in 1789. But only
since 1945 did it acquire a place of its own in international relations. The preamble to the
Charter of the United Nations mentions explicitly the notion of fundamental human rights.
Article 1, paragraph 3 calls one of the purposes of the United Nations: “to achieve
international co-operation in solving international problems of an economic, social, cultural,
or humanitarian character, and in promoting and encouraging respect for human rights and
for fundamental freedoms for all without distinction as to race, sex, language or religion.”
This led in 1948 to the adoption by the U.N. General Assembly of the Universal Declaration
of Human Rights, which was proclaimed as a “common standard of achievement for all
peoples and all nations”. Part of the East West conflict, known as the Cold War, was fought
out in terms of disputes about human rights.

Human rights were incorporated in the UN Charter and the Universal Declaration as a
reaction to the outrageous crimes against humanity committed by the German national
socialists between 1933 and 1945. The imprisonment, torture and killing of more than six
million Jews, gypsies, homosexuals and political opponents of the Nazis was the largest-scale
violation of fundamental human rights in modern times. Concepts such as “genocide” and
“crimes against humanity” are inseparably linked to this period in world history. The
victorious allied powers wanted to prevent such events from ever happening again. They
based themselves, among other matter, on the “four freedoms” formulated by United States
President, Franklin Delano Roosevelt in 1941: freedom of speech and expression, freedom to
worship God, freedom from want and freedom from fear1.

1
S.K. Kapoor, International Law and Human Rights 56 (8thed., CENTRAL LAW ACADEMY) (1994).

8
Human rights are the rights which are possessed by all human beings irrespective of their
race. caste. nationality, sex, language etc. simply because they are human beings. As pointed
out by Fawcett, “Human rights are sometimes called fundamental rights or basic rights or
natural rights. As fundamental or basic rights they are those which must not be taken away by
any legislature or any act of government and which are often set out in a constitution. As
natural rights they are seen as belonging to men and women by their very nature. Another
way to describe them would be to call them ‘common rights’, for they are rights which all
men and women in the world should share, just as the common law in England, for example
was the body of rules and customs which, unlike local customs governed the whole country.”
As pointed out by Lauterbach, since human rights are not created by any legislation, they
resemble very much the natural rights. Any civilized country or body like the United Nations
must recognize them. They cannot be subjected to the process of amendment even. The legal
duty to protect human rights includes the legal duty to respect them 2. Members of the U.N.
have committed themselves to promote respect for and observance of human rights and
fundamental freedoms.

UNIVERSAL PROTECTION OF HUMAN RIGHTS:

Under this heading we will discuss the following:

1) U.N. Charter and Human Rights.

2) U.N. Bodies primarily concerned with Human Rights.
3) The Universal Declaration of Human Rights.
4) The International Bill of Human Rights.

1. U.N. Charter and Human Rights:

Human Rights occupy a significant place in the U.N. Charter. The Preamble of the Charter
reaffirms faith in fundamental human rights and the dignity and worth of human persons and
in equal rights of men and women. It is one of the purposes of the U.N. to achieve
international co-operation in solving international problems of economic, social, cultural or
humanitarian character and in promoting and encouraging respect for human rights and
fundamental freedoms for all without distinction as to race, sex, language or religion.

Thus, human rights occupy a significant place under the Charter. But writers are divided as to
whether human rights have become legal rights under the law of United Nations or not. The
2
David P. Forsythe, Human Rights in International Relations, CAMBRIDGE UNIVERSITY PRESS ( April 2,
2019, 4:30 PM), https://professorbellreadings.files.wordpress.com/2017/10/themes-in-international-relations-
david-p-forsythe-human-rights-in-international-relations-cambridge-university-press-2012.pdf.

9
correct view probably would be that human rights have now become legal rights. This is,
inter alia, due to the adoption of Universal Declaration of Human Rights and coming into
effect of the International Bill of human rights.

2. U.N. Bodies Primarily concerned with Human Rights:

Human Rights Council-

Prior to the Human Rights Council, there was U.N. Commission on Human Rights. The
Commission on Human Rights was established by the Economic and Social Council in
February, I946. It is the nearest approach to permanent machinery for the supervision of the
problem of protection of human rights in international relations. It is one of the six functional
commissions established by the Economic and Social Council. Under its terms of reference,
the commission was directed to prepare recommendations and reports on

(i) International Bill of Human Rights;

(ii) International Conventions or declarations on civil liberties; the status of women,
freedom of information and similar other matters;
(iii) the protection of minorities;
(iv) the Prevention of discrimination on the basis of race, sex, language or religion,
and
(v) other matters concerning human rights.

The commission’s terms of reference are extensive; under them, it may deal with any matter
concerning human rights. The commission makes studies and recommendations either on its
own initiative or at the request of the General Assembly or the Economic and Social Council.
The Commission consisted of 43 Members elected for three years terms and meets annually
for a period of five or six weeks3.

U.N. Commission on Human Rights replaced by Human Rights Council:

The General Assembly in its 60th Plenary Session, vide its resolution 60/251 of 15 th March,
2006, decided to replace the U.N. Commission on Human Rights by 47-member Human
Rights Council thus marking the new beginning for human rights promotion and protection.

The new Human Rights Council is based in Geneva and is a subsidiary organ of the General
Assembly. The General Assembly shall review its status within five years. As per decision of

3
S.K. Kapoor, International Law and Human Rights 58-60 (8thed., CENTRAL LAW ACADEMY) (1994).

10
the General Assembly the Human Rights Council will assume review and where necessary
improve and rationalize all mandate, mechanisms, functions and responsibilities of the
Commission on Human Rights in order to maintain a system of special procedures, expert
advice and complaint procedures. The Council shall complete this review within one year
after the holding of its first session.

Human Rights Council consists of 47 Member States, which are elected directly and
individually by secret ballot by the majority of members of the General Assembly 4. The
membership shall be based on equitable distribution and seats shall be distributed as follows
among regional groups:

(i) African Group (13);

(ii) Asian Group (13);
(iii) Eastern European Group (6);
(iv) Latin American and Caribbean Group (8); and
(v) Western European and Others Group (7).

The members of the group will serve for a period of three years and shall not be eligible for
immediate re-election after two consecutive terms.

Membership of the Council shall be open to all Member States of the U.N. when electing
members of the Council Member States shall take into account the contribution of candidates
to the promotion and protection of human rights and their plenary pledges and commitments
made thereto. The General Assembly, by a two third majority of members present and voting
may suspend the rights of membership in the Council if a member of the Council commits
gross and systematic violation of human rights.

The Council shall meet regularly throughout the year and schedule not fewer than three
sessions per year, including a main session, for a total duration of not less than ten weeks and
shall be able to hold special sessions, when needed at the request of a member of the Council
with the support of one third of the membership of the Council.

 U.N. Commissioner for Human Rights:

The position of U.N. High Commissioner for Human Rights was created by the General
Assembly through a resolution on 20 December, I993. The High Commissioner's office is

4
S.K. Kapoor, International Law and Human Rights 61-63 (8thed., CENTRAL LAW ACADEMY) (1994).

11
situated at Geneva. Under the direction and authority of the Secretary General of the U.N.,
the High Commissioner will “promote and protect the effective enjoyment by all civil,
cultural, economic, political and social rights” and “will play an active role in removing the
current obstacles, and in meeting the challenges to the full realization of all human rights”
and will prevent violations throughout the world. Present Commissioner is Prince Zeid-bin-
Raad of Jordan.

Special Envoy of High Commissioner Antonio Guterres is as Goodwill Ambassador

Angelina Jolie. She was promoted in 20l2 to Special Envoy to the High Commissioner 5. In
this role she represents the UNHCR and Antonio Guterres at the diplomatic level and works
to facilitate long term solutions for people displaced by large scale crises, such as
Afghanistan and Somalia. This is an exceptional position reflecting an exceptional role she
has played.

It may be noted here that since I951. UNHCR has helped over 50 million refugees to restart
their lives. UNHCR cares for more than 20 million of the world vulnerable people in 116
countries, ensuring that they are protected and have access to food shelter, clean water,
medical care and education.

3. The Universal Declaration of Human Rights:

In I948, the General Assembly passed the Universal Declaration of Human Rights. This has
been hailed as a victory of individuals in respect of human rights. There are 30 Articles in
Declaration which describe in detail human rights and fundamental freedoms. For example.
Article 1 provides, “All human beings are born free and equal in dignity and rights, they are
endowed with reason and conscience and should act to one another in spirit of brotherhood”.
There is a controversy in regard to the legal value of the Universal Declarations of Human
Rights. Since, General Assembly’s Resolutions and Declaration are generally
recommendatory in nature, the Universal Declaration of Human Rights is said to have no
legal force behind it. It is said that it has moral force behind it which inspires States and the
people to enforce and observe human rights and fundamental freedoms. “The Declaration,
was not a mere resolution of the General Assembly but a continuation of the Charter and had
the dignity of the Charter”. This seems to be the correct view, Another eminent author. Prof.
Louis B. Sohn has also remarked that the Declaration “constitutes an authoritative
5
David P. Forsythe, Human Rights in International Relations, CAMBRIDGE UNIVERSITY PRESS ( April 2,
2019, 4:30 PM), https://professorbellreadings.files.wordpress.com/2017/10/themes-in-international-relations-
david-p-forsythe-human-rights-in-international-relations-cambridge-university-press-2012.pdf.

12
interpretation of the Charter, which is binding upon Members to the extent that the Charter is
binding”6.

Provisions of the U.N. Declaration on Human Rights:

Provisions of the Universal Declaration of Human Rights may be classified into four
categories:

- General (Articles 1 and 2);

- Civil and Political Rights (Articles 3 to 21);
- Economic, Social and Cultural Rights (Articles 22 to 27); and
- Concluding Articles (Articles 28 to 30).
 General- The first article of General Articles i.e., Article 1 has already been referred
above. Article 2 provides that everyone is entitled to all the rights and freedoms set
forth in the Declaration without distinction of any kind, such as race, color, sex,
language, religion, political or other opinion. national or social origin, property, birth
or other status. No distinction shall be made on the basis of political, jurisdiction, or
international status of the country to which a person belongs.
 Civil and Political rights: Civil rights include rights such as right to life and liberty
(Article 3); Prohibition of slavery and slave trade (Article 4); prohibition of Torture
and Inhuman Treatment (article 5); Rights to Equality before Law and Legal
Remedies (Articles 6 to 11); Right to Freedom of Movement to leave any country
and to return to his country (Article 13); Right to seek asylum (Article 14); Right to
Nationality (Article 15); Right to own Property (Article l7); Right to Freedom of
Thought, Conscience and religion (Article 48); Right to Freedom of Opinion and
Expression (Article 19); and Right to Freedom of Peace Assembly and Association
(Articles 20 and 21).
 Economic, Social and Cultural Rights: Economic, Social and Cultural rights
include the Right to Social Security (Article 22), Right to Work, free choice of
employment etc. (Article 23); Right to Education (Article 26); Right to Enjoy Arts
and share in Scientific achievement (Article 27) etc.
 Concluding Articles: These articles recognize that everyone is entitled to a social and
international order in which the rights and freedoms set forth in this Declaration can
be fully realized (Article 28) and they stress the duties and responsibilities which the

6
S.K. Kapoor, International Law and Human Rights 65-67 (8thed., CENTRAL LAW ACADEMY) (1994).

13
 individual owes to the Community (Article 29). Lastly, Article 30 provides that
nothing in the 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 in the Declaration.
The Declaration was originally conceived of as a statement of objectives to be
achieved by Governments and as such, not part of binding law. But now, 54 years
later, it is accepted by so many States that it is considered to be an international
standard against which their behavior is measured.
4. The International Bill of Human Rights:

The International Bill of Human Rights comprises of the following:

(1) The Universal Declaration of Human Rights, 1948;

(2) The Covenant on Civil and Political Rights, 1966;

(3) The Covenant on Economic. Social and Cultural Rights, 1966;

(4) The Optional Protocol to the Covenant on Civil and Political Rights, 1966.

 International Covenant on Economic, Social and Cultural Rights, 1966:

Besides preamble the International Covenant on Economic, Social and Cultural rights
comprises of 31 Articles divided into five parts.

The measures of implementation provided in this covenant are much weaker than those
provided in the Covenant on Civil and Political Rights. They comprise of mainly the
reporting procedure. States Parties of the Covenant on Economic, Social and Cultural Rights
have an obligation to submit to the Secretary-General of the U.N. reports on the measures
which they have adopted and the progress made. The Secretary-General then transmits copies
of reports to the Economic and Social Council (ECOSOC) which in its turn may transmit the
reports to the Human Rights Council for study and general recommendations7.

As of January, 2018, it had 166 parties. Protocol to this Covenant has 125 State Parties had
22 State Parties. It entered into force on 5th May, 2013.

 Optional Protocol to the International Covenant on Civil and Political Rights,

1966.- The preamble of the Protocol provides that in order further to achieve the

7
S.K. Kapoor, International Law and Human Rights 68-69 (8thed., CENTRAL LAW ACADEMY) (1994).

14
 purposes of the Covenant on Civil and Political Rights and the implementation of its
provisions it would be appropriate to enable the Human Rights Committee set up in
Part IV of the Covenant to receive and consider as provided in the present Protocol,
Communications from individual, claiming to be the victims of violations of any of
the rights set forth in the Covenant have agreed to the provisions of the Optional
Protocol.
Article 1 of the Optional Protocol provides that a State Party to the covenant that
becomes a party to the present Protocol recognizes the competence of the Committee
to receive and consider communication from individuals subject to its jurisdiction
who claim to be the victims of violation by that State Party of any rights set forth in
the covenant. No communication shall be received by the Committee if it concerns a
State Party to the covenant who is not a party to the Optional Protocol. As of January
2018, it had 116 State parties.

KEY INTERNATIONAL CONVENTIONS ON HUMAN RIGHTS:

Key International Conventions can be divided into two broad categories

(a) Conventions Relating to Inhuman, cruel and Degrading Acts;

(b) Conventions on Vulnerable Groups.

 Conventions Relating to Inhuman, Cruel and Degrading Acts:

Following are the main conventions under this category:

(1) Convention on the Prevention and punishment of the crime of Genocide, 1948: As of
lst January, 2014. it had 144 parties.
(2) Conventions Relating to Humanitarian Laws of War:
 Geneva Convention Relating to the Treatment of Prisoners of War (12 August. 1949):
Nearly 200 states ratified this convention.
 Geneva Convention for the treatment of the dead and injured members of the armed
forces (12 August. 1949): It has also been ratified by 200 States.
 Geneva Convention on Wounded, Ship-wrecked Members of Armed Forces at Sea
(12 August. 1949): Nearly 200 States are its parties.
 Geneva Convention Relating to Treatment of Civilian Persons in Time of War (12
August. 1949): Nearly 200 States have joined this Convention.

15
 Protocol Additional to the Geneva Conventions of 12 August, 1949 and Relating to
the Protection of Victims of International Armed Conflicts (1977): It entered into
force on 7th December, 1978. So far 174 countries have become parties to this
Protocol.
 Protocol Additional Relating to the Protection to Victims of Non-International Armed
Conflict (Protocol 2), 1967 - So far 168 countries have become parties to this
Protocol.
 Protocol Additional Relating to the Adoption of Distinctive Emblems. 2005 (Protocol
3): So far 69 countries have become parties to this Protocol.
(3) International Convention for the Suppression of Traffic in Persons and the
Exploitation of the Prostitution of others (December 2, I949): Adopted on December
2, 1949, this convention was opened for signature on 31 March, 1950. It entered into
force on 25 July, 1951. At present it has 82 State Parties.
(4) Supplementary Convention on Abolition of Slavery, the Slave Trade and Institutions
and Practices Similar to Slavery (l956): As of December 2017, 123 countries have
become parties to this Convention.
(5) International Convention on the Elimination of All Forms of Racial Discrimination
(1965): This convention entered into force on 4 January. 1969. So far 177 countries
have become parties to this Convention.
(6) Optional Protocol to the Convention on the Elimination of all forms of discrimination
against women: So far 109 countries have become parties to this convention.
(7) International Convention on the Suppression and Punishment of the Crime of
Apartheid (I973): This Convention was adopted on 30 November, 1973. So far 109
countries have become parties to this Convention.
(8) International Convention against Apartheid in Sports (1985): Adopted by the General
Assembly on 10th December, 1985, this convention entered into force on 3rd April,
1988. As of 2 November, 2017, 61 countries had become parties to this Convention.
(9) International Convention against Taking of Hostages (1979): As of the October 2016,
176 countries have become parties to this Convention,
(10) Convention against Torture and other Cruel, inhuman or Degrading
Treatment or Punishment (1984): Adopted by the General Assembly on 10
December, 1984. It entered into force on 26th June, 1987. So far 162 countries have
become parties to this Convention.

16
(11) Second Optional Protocol to the Convention Against Torture and Other
Cruel, inhuman or Degrading Treatment or Punishment, 2002: Under this Protocol
there is a provision to establish sub-committee as a preventive. The Protocol came
into force after being ratified by 20th State. So far 83 countries have become parties to
this Convention.
(12) Protocol to present, suppress and punish Trafficking of persons especially
women and children 2000: It entered into force on 25th December, 2003. So far 171
countries have become parties to this Convention.
 Conventions Relating to Vulnerable Groups:
(1) The Convention on Status of Refugees, I951: This Convention was adopted on 28th
July, 1951. It has 147 States Parties presently. In 1967, a Protocol to this convention
was also adopted. The Protocol has also been signed and ratified by 145 States.
(2) Protocol relating to status of Refugees: So far 146 countries have become parties to
this Protocol.
(3) The Convention Relating to the Stateless Persons (1954): Adopted on 28th
September, 1954, this Convention entered into force on 6th June, 1960. So far 82
countries have become parties to this Convention.
(4) The Convention on the Reduction of Statelessness (1961): This Convention entered
into force on 13th December, 1975. As of January, 2018, 70 countries have become
parties to this Convention.
(5) Convention on the Elimination of All Forms of Discrimination Against Women
(I979): Adopted by the General Assembly on 18th December, 1979, it entered into
force in 1981. So far 189 countries have become parties to this Convention.
(6) Convention on the Rights of the Child (1989): Adopted on 20th November, 1989. It
has presently 196 State Parties.
(7) Optional Protocol on the Right: of Child on the Involvement of children In armed
forces: As of 17 January, 2018, the protocol had 167 parties.
(8) Optional Protocol to the Convention on the Rights of the child on the sale of children,
child prostitution and pornography: It has as many 173 State parties as of January,
2018.
(9) Optional Protocol relating to communication Procedure: It was adopted in
December, 2011. It became effective on 14th April, 2014. So far 51 countries have
become parties to this Convention.

17
(10) International Convention on the Protection of the Rights of All Migrant
Workers and Members of Their Families (l990): This Convention was adopted by the
General Assembly on 18th December, 1990. It entered into force on 1 st July, 2003. As
of November 2016, it had 49 parties.
(11) Protocol against Smuggling of Migrants by Land, Sea, and Air, 2000: It
entered into force on 28th January, 2004. By November 2014, it had 141 parties.
(12) Protocol against Illicit Manufacturing and Trafficking in Fire-arms: As of
November, 2014, it had 112 patties.
(13) International Convention on the Elimination of all Forms of Racial
Discrimination 1965: As of April, 20l3, it had 177 State parties.
(14) Optional Protocol to the Convention on Elimination of All Forms of Racial
Discrimination (1999). It was adopted by the General Assembly on 6th October, 1999
and entered into force on 22nd December, 2000. By ratifying Optional Protocol, a
State Party to the Convention recognizes the competence of the Committee on the
elimination of discrimination against women to receive and consider complaints from
individuals or groups within its jurisdiction. As of 30th May, 2013, it had 104 parties.
(15) Optional Protocol to the Convention on the Elimination of all forms of
discrimination against women, I999: It entered into force on 22nd December, 2000. As
of 2014. it had 105 parties.
(16) Convention on the Rights of Persons with Disabilities, 13 December, 2006:
This convention came into force on 3rd May, 2008. So far, this Convention has 175
patties. The Convention adopts a social model of disability and defines as including
those of who have long term physical, mental, intellectual of sensory impairments
which on interaction with various barriers may hinder their full and effective
participations in society on an equal basis with Others.
(17) Option Protocol to the Rights of Persons with Disabilities 13th December,
2006: It came into force on 3rd May, 2008. So far 92 countries are parties to this
Protocol.
(18) International Convention on Protection of Persons from Enforced
Disappearance, 20th December, 2006: It was signed on 20th December, 2006. It came
into force on 23rd December, 2010. So far, this Protocol have become 57 State parties.
(19) Convention on the International Recovery of child support and other Form: of
Family Maintenance, 23rd November, 2007: It was signed on 22nd November, 2007. It
entered into force on 1st January, 2007. To come into force, it was required to be

18
 signed and ratified by two countries. It entered into force on 1 st January, 2013. So far
11 countries have become parties to this Convention.
(20) Protocol on Law Applicable in Maintenance Obligation, 2007: It was signed
on 23rd November, 2007. To come into force, it was required to be signed and ratified
by 2 States. It came into force on 1st August, 2013. So far 4 countries have become
parties to this Convention.

MEASURES OF IMPLEMENTATION FOR PROTECTION AND ENFORCEMENT

OF HUMAN RIGHTS8:

The U.N. Commission on Human Rights which has been replaced by Human Right Council
provides near Universal measures of implementation for the protection and enforcement of
Human Rights. An individual of any member State of the U.N. who felt to be the victim of
the violation of human rights can send a petition to the Council through the Secretary General
of the U.N. The Council considers petition, calls for the comments of the State Government
concerned and makes recommendation for the protection of Human Rights.

Measures of implementation under the International Bill of Human Rights are following:

(1) Under the Covenant on Economic, Social and Cultural Rights, 1966:
Implementation of the Economic Covenant consists of a system of reporting. States
Parties to the Economic Covenant have undertaken the obligation to submit reports on
measures adopted by them and the progress made in achieving the observance of the
rights contained in the Covenant. These reports are sent to the Economic and Social
Council for consideration. The Council may transmit the reports to the Human Rights
Council for study and general recommendation or for information.
(2) Under the Covenant of Civil and Political Rights, 1966:
The primary method of international implementation provided under the Covenant on
Civil and Political Rights is a reporting procedure. State Parties to the Covenant have
undertaken to submit reports on measures adopted by them giving effect to the rights
recognized in the Covenant and on the progress made in the enjoyment of those
rights.
(3) Under the Optional Protocol:
Under the Optional Protocol to the Covenant on Civil and Political Rights, 1966
provides, a State party recognizes the competence of the Human Rights Committee to
8
S.K. Kapoor, International Law and Human Rights 69 (8thed., CENTRAL LAW ACADEMY) (1994).

19
 receive and consider communications from individuals subject to its jurisdiction who
claim to be victims of a violation by that State party of any of the rights set forth in
the covenant on civil and political rights. The Committee forwards its views to the
State Party concerned and to the individual and provides the General Assembly
annually with a summary of its activities under the Protocol. This implementation of
human rights at the Universal level the following deserve mention:
(1) UN. Human Rights Council.
(2) International Covenant on Civil and Political Rights, 1966.
(3) International Covenant on Economic, Social and Cultural Rights, I966.
(4) Optional Protocol to the Covenant on Civil and Political Rights, I966.
(5) Second Optional Protocol to the International Covenant on Civil and Political
Rights Aiming at the Abolition of Death Penalty, (I989).

U.N. FUND FOR HUMAN RIGHTS9:

On 18th December, l99l, the General Assembly of the United Nations resolved to establish a
voluntary fund to provide financial assistance to individuals among others who are victims of
contemporary forms of slavery and whose human rights have been violated by such practices.
The Assembly also held a two-week world conference on human rights in Berlin in I993 and
preparatory committees met in Geneva in 1992.

VIENNA DECLARATION10:

The world conference on Human Rights adopted a two-part Vienna Declaration and a six-part
150-paragraph Programmer of Action.

The world conference on Human Rights (June 1993) is indeed a great landmark and will go a
long way to achieve. According to Secretary-General Boutros Ghali, it has forged “a new
vision of global action for human rights into the next century.” Vienna Declaration adopted
by the conference has been described as a kind of second Universal Declaration on Human
Rights.

There are several drawbacks in the Vienna Declaration. There is great variance of its
affirmation, of ethnic cleansing and ground realities. Secondly, right to adequate housing

9
David P. Forsythe, Human Rights in International Relations, CAMBRIDGE UNIVERSITY PRESS ( April 2,
2019, 4:30 PM), https://professorbellreadings.files.wordpress.com/2017/10/themes-in-international-relations-
david-p-forsythe-human-rights-in-international-relations-cambridge-university-press-2012.pdf.
10
S.K. Kapoor, International Law and Human Rights 69-70 (8thed., CENTRAL LAW ACADEMY) (1994).

20
does not find mention in the Vienna Declaration. Last but not the least, a great drawback of
the Declaration is the exclusion of non-governmental organization from the drafting
committee and hence ignoring the vast experience of these organizations the document
appears to be flawed.

CONCLUSION:

These drawbacks should not undermine the achievements of Vienna Declaration. One of the
greatest achievements of the Declaration is the proposal to establish a post of High
Commissioner for Human Rights. Secondly, while the Declaration has reaffirmed the right of
self-determination, it has made it clear that this right cannot be used to dismember or unsettle
the established States. Thirdly, the Declaration calls upon the international community to
enhance co-operation to combat terrorism. It also noted that terrorism and its linkage in some
countries to drug trafficking are aimed at the destruction of human rights, democracy,
territorial integrity, security of States and destabilizing of legitimately constituted
Governments. Fourthly, its adoption of right to development as an inalienable right is indeed
a great achievement. Fifthly, its emphasis on prosecution and punishment of persons
responsible for the crime of ethnic cleansing is really praiseworthy. So is the case with the
affirmation of universality, indivisibility and interdependence of human rights; affirmation
that food should not be used as a tool for political pressure; affirmation of rights of
minorities; affirmation that of democracy development and respect for human rights and
interdependent and mutual reinforcing etc.

BIBLIOGRAPHY:
1) S.K. KAPOOR, INTERNATIONAL LAW AND HUMAN RIGHTS
2) DAVID.P. FORSYTHE, HUMAN RIGHTS IN INTERNATIONAL RELATIONS.

21