Unit 1: Meaning, Nature and Evolution of Human Rights

a. Concept of Human Rights, Meaning, Origin and Evolution of Human Rights

The phrase "human rights" may be used in an abstract and philosophical sense, either as denoting a
special category of moral claim that all humans may invoke or, more pragmatically, as the
manifestation of these claims in positive law, for example, as constitutional guarantees to hold
Governments accountable under national legal processes. While the first understanding of the
phrase may be referred to as "human rights", the second is described herein as "human rights
law".

While the origin of "human rights" lies in the nature of the human being itself, as articulated
in all the world's major religions and moral philosophy, "human rights law" is a more recent
phenomenon that is closely associated with the rise of the liberal democratic State. In such States,
majoritarianism legitimizes legislation and the increasingly bureaucratized functioning of the
executive. However, majorities sometimes may have little regard for "numerical" minorities, such
as sentenced criminals, linguistic or religious groups, non-nationals, indigenous peoples and the
socially stigmatized. It therefore becomes necessary to guarantee the existence and rights of
numerical minorities, the vulnerable and the powerless. This is done by agreeing on the rules
governing society in the form of a constitutionally entrenched and justiciable bill of rights containing
basic human rights for all. Through this bill of rights, "human rights law" is created, becoming
integral to the legal system and superior to ordinary law and executive action.

Babylonian Laws: Cyrus Cylinder: In 539 B.C., the armies of Cyrus the Great, the first king of
ancient Persia, conquered the city of Babylon. But it was his next actions that marked a major
advance for Man. He freed the slaves, declared that all people had the right to choose their
own religion, and established racial equality. These and other decrees were recorded on a
baked-clay cylinder in the Akkadian language with cuneiform script.
Known today as the Cyrus Cylinder, this ancient record has now been recognized as the world’s
first charter of human rights. It is translated into all six official languages of the United Nations
and its provisions parallel the first four Articles of the Universal Declaration of Human
Rights.

Hittite laws: Human Rights: The Hittite laws, also known as the Code of the Nesilim,
constitute an ancient legal code dating from c. 1650 – 1500 BCE. They have been preserved
on a number of Hittite cuneiform tablets found at Hattusa (CTH 291-292, listing 200 laws).
Copies have been found written in Old Hittite as well as in Middle and Late Hittite, indicating
that they had validity throughout the duration of the Hittite Empire (ca. 1650–1100 BCE).

The Hittite laws reflected the empire's social structure, sense of justice, and morality,
addressing common outlawed actions such as assault, theft, murder, witchcraft, and divorce,
among others. The code is particularly notable due to a number of its provisions, covering
social issues that included the humane treatment of slaves. Although they were considered
lesser than free men, the slaves under the code were allowed to choose whomever they wanted
to marry, buy property, open businesses, and purchase their freedom.

Dharma: The Ancient Indian Concept of Law and Morality: “Sarva Dharma Sambhavana”
which literally means that all Dharmas (truths) are equal to or harmonious with each other; is
a fundamental precept of Dharma, and what’s striking is that it is also a major principle of
modern laws. The Rishi Munis of ancient India defined Dharma as the highest ideal of human
life. It has underlying principles which aim to promote humanity among people. It is
derived from Sanskrit word ‘dhr’ meaning ‘something that upholds’ and is equivalent to the
Greek term ‘ethos’.

‘Modern evolution of Human Rights’

Magna Carta and human right: The Magna Carta, or “Great Charter,” was arguably the
most significant early influence on the extensive historical process that led to the rule of
constitutional law today in the English-speaking world.
In 1215, after King John of England violated a number of ancient laws and customs by which
England had been governed, his subjects forced him to sign the Magna Carta, which
enumerates what later came to be thought of as human rights.

Among them was the right of the church to be free from governmental interference, the rights
of all free citizens to own and inherit property and to be protected from excessive taxes. It
established the right of widows who owned property to choose not to remarry, and established
principles of due process and equality before the law. It also contained provisions forbidding
bribery and official misconduct.

Rights of man and Citizen: In 1789 the people of France brought about the abolishment
of the absolute monarchy and set the stage for the establishment of the first French
Republic
The Declaration proclaims that all citizens are to be guaranteed the rights of “liberty, property,
security, and resistance to oppression.” It argues that the need for law derives from the fact that
“...the exercise of the natural rights of each man has only those borders which assure other
members of the society the enjoyment of these same rights

The Three Generations of Human Rights: The traditional categorization of three generations
of human rights, used in both national and international human rights discourse, traces the
chronological evolution of human rights as an echo to the cry of the French revolution:
Liberté (freedoms, "civil and political" or "first generation" rights), Egalité (equality, "socio-
economic" or "second generation" rights), and Fraternité (solidarity, "collective" or "third
generation" rights). (UN Website)

In the eighteenth and nineteenth centuries, the struggle for rights focused on the liberation from
authoritarian oppression and the corresponding rights of free speech, association and religion
and the right to vote. With the changed view of the State role in an industrializing world, and
against the background of growing inequalities, the importance of socio-economic rights
became more clearly articulated. With growing globalization and a heightened awareness of
overlapping global concerns, especially due to extreme poverty in some parts of the world,
"third generation" rights, such as the rights to a healthy environment, to self-determination and
to development, have been adopted.

American Bill of Rights: Came into effect on December 15, 1791, limiting the powers of the
federal government of the United States and protecting the rights of all citizens, residents
and visitors in American territory.

The Bill of Rights protects freedom of speech, freedom of religion, the right to keep and bear
arms, the freedom of assembly and the freedom to petition. It also prohibits unreasonable
search and seizure, cruel and unusual punishment and compelled self-incrimination. Among
the legal protections it affords, the Bill of Rights prohibits Congress from making any law
respecting establishment of religion and prohibits the federal government from depriving any
person of life, liberty or property without due process of law.

Geneva Convention: The First Geneva Convention for the Amelioration of the Condition of
the Wounded in Armies in the Field, held on 22 August 1864, is the first of four treaties of the
Geneva Conventions. It defines "the basis on which rest the rules of international law for
the protection of the victims of armed conflicts."

The main principles laid down in the Convention and maintained by the later Geneva
Conventions provided for the obligation to extend care without discrimination to wounded and
sick military personnel and respect for and marking of medical personnel transports and
equipment with the distinctive sign of the red cross on a white background.

After the first treaty was adopted in 1864, it was significantly revised and replaced in 1906,
1929, and finally 1949. It is inextricably linked to the International Committee of the Red
Cross, which is both the instigator for the inception and enforcer of the articles in these
conventions.

b. Concept of International Human Rights, Origin and Nature of International Human

Rights

Moral Rights, Natural Rights, God given rights. The phrase "human rights" may be used in an
abstract and philosophical sense, either as denoting a special category of moral claim that all
humans may invoke or, more pragmatically, as the manifestation of these claims in positive
law, for example, as constitutional guarantees to hold Governments accountable under
national legal processes. While the first understanding of the phrase may be referred to
as "human rights", the second is described herein as "human rights law". (UN Website)

What are international human rights?

Lauterpacht: “Since human rights are not created by any legislation, they resemble very much
as natural rights. Any civilized country of body like United Nations must recognise them. They
cannot be subject to amendment even. The legal duty to protect human rights includes the legal
duty to respect them. Members of the UN have committed themselves to promote respect for
and observance of human rights and fundamental freedoms.”

“The first international legal standards were adopted under the auspices of the
International Labour Organization (ILO), which was founded in 1919 as part of the Peace
Treaty of Versailles. ILO is meant to protect the rights of workers in an ever-industrializing
world”. (UN Website)
Origin of international human rights
The origin of the concept of International Human Rights dates back to 1945, after which it has
made a tremendous progress. (The Charter of the new United Nations organization went into
effect on October 24, 1945, a date that is celebrated each year as United Nations Day.)

The development of international human rights can be traced back to emergence of the
modern state, the age of discovery and industrialization and the European culture
throughout the world. Due to this, the necessity was felt for a unique set of conventions
and customs for the humane treatment of foreigners.

The need and responsibility for injuries to aliens (foreigners) evolved out of interests of
colonial expansion all over the world (by French, British, Portuguese, Spanish, and Dutch
etc.) Francisco de Vitoria, Hugo Grotius and Emmerich de Vattel, the founding fathers
of international law, observed that all persons were entitled to certain natural rights and
emphasized on fair treatment of aliens.

The active concern for protection for the rights of nationals didn’t start till the beginning
of 19th Century, before that, the only specific protection was through treaties for protection of
Christian denominations.

The century and half before the Second World War saw significant noteworthy efforts
encouraging respect for respect for nationals by international means, this began to take shape
of what is today called ‘International Law of Human Rights’, which in the past was separate
from International Law of State Responsibility for Injuries of Aliens.

Between the two world wars, tentative attempts were made to establish a human rights system
under the League of Nations. For example, a Minority Committee was established to hear
complaints from minorities, and a Mandates Commission was put in place to deal with
individual petitions of persons living in mandate territories.

This was included in the Congress of Vienna (1814-1815) and a series of treaties and
declarations were sought for the protection of certain religious, linguistic and racial minorities
in Central and Eastern Europe and Middle East.
This time also saw actions for suppression, abolishment of slavery and slave trade, in the form
of major international treaties, viz. Treaty of Paris (1814), International Slavery Convention
(1926).

The League of Nations was established in 1919 at the negotiations over ‘Treaty of Versailles’,
at the end of the First World War. The goals of the League of Nation were ‘disarmament’ (a
process of reducing, limiting or abolishing of weapons), preventing war through collective
security measures, settlement of disputes through negotiation, diplomacy and improving global
welfare. The Charter of the League of Nations also enshrined in it a mandate to promote rights,
which were later included in the Universal Declaration of Human Rights. The League of
Nation also had a mandate to support transiting colonial powers (from colony to independent
state).

An agency was established under the League of Nations system, the International Labour
Organization, which exists even today under the United Nations, with a mandate to promote
and safeguard certain rights, which are included in the UDHR. ILO’s Convention of ‘Protecting
women from pregnancy discrimination in employment’ of 1919, Right of Association
(Agriculture Convention (1921) and Forced Labour Convention of 1930 are of particular
importance.

Today the primary goals of the ILO is to “promote opportunities for women and men to obtain
decent and productive work, in conditions of freedom, equity, security and human dignity”
(Report by the Director General for the International Labour Conference 87th Session).

However, these attempts had not been very successful and came to an abrupt end when
the Second World War erupted. It took the trauma of that war, and in particular Hitler's
crude racially-motivated atrocities in the name of national socialism, to cement
international consensus in the form of the United Nations as a bulwark against war and
for the preservation of peace.

As important as these efforts were, however, it was not until after the war—and the Nazi
atrocities accompanying it—that active concern for human rights truly came of age
internationally. In the proceedings of the International Military Tribunal at Nürnberg in 1945–
46 (the Nürnberg trials), German high officials were tried not only for “crimes against peace”
and “war crimes” but also for “crimes against humanity” committed against civilian
populations, even if the crimes were in accordance with the laws of the country in which they
were perpetrated.

Also heir to the Nürnberg tribunal is the International Criminal Court (ICC), authorized
by the adoption by 120 countries of the Rome Statute of the International Criminal Court in
July 1998. The statute created an independent, permanent international criminal court with
legal personality separate from the United Nations and whose substantive jurisdiction includes
crimes against humanity, crimes of genocide, war crimes, and crimes of “aggression” (pending
the adoption of an acceptable definition of that term).

Nature of international human rights

1. Human rights are universal: “Which means that they apply equally to all people
everywhere in the world, and with no time limit. Every individual is entitled to enjoy
his or her human rights without distinction of "race" or ethnic background, colour, sex,
sexual orientation, disability, language, religion, political or other opinion, national or
social origin, birth or other status” (CoE)
2. Human Rights are inalienable: “This means that you cannot lose them, because they
are linked to the very fact of human existence, they are inherent to all human beings”
(CoE)
3. Human rights are inherently related to human dignity: “Two of the key values that
lie at the core of the idea of human rights are human dignity and equality. Human rights
can be understood as defining those basic standards which are necessary for a life of
dignity” (CoE)
4. Human rights are indivisible, interdependent and interrelated: “This means that
different human rights are intrinsically connected and cannot be viewed in isolation
from each other. The enjoyment of one right depends on the enjoyment of many other
rights and no one right is more important than the rest” (CoE)
5. Human rights are dynamic in nature: Human rights are dynamic in nature, not static,
meaning they change/amend with economic, social, cultural and political developments
of the state. Example: the right to internet (declared by UN in 2016, also u/a 21 of the
Indian Constitution)
6. Human rights limit the state power: Human rights, by definition, imply that an
individual has certain legitimate claims upon their society for certain claims and
benefits. Hence the human rights limit the state power, either through negative
 restrictions on powers of the state from violating inalienable freedoms of the individuals
or in the nature of demands on the state, i.e. positive obligations of the state.
7. Human rights are irrevocable, but not absolute: Human rights cannot be taken away
by any power, authority or judicial decisions, as the human rights have similarity to
moral rights. However, in certain circumstances some – though not all – may be
suspended or restricted. For example, if someone is found guilty of a crime, his or her
liberty can be taken away; or in times of national emergency, a government may declare
this publicly and then derogate from some rights, for example in imposing a curfew
restricting freedom of movement.

c. International Human Rights- United Nations Charter

The Charter of the United Nations is the founding document of the United Nations. It was
signed on 26 June 1945, in San Francisco, at the conclusion of the United Nations Conference
on International Organization, and came into force on 24 October 1945.
The United Nations can take action on a wide variety of issues due to its unique
international character and the powers vested in its Charter, which is considered an
international treaty. As such, the UN Charter is an instrument of international law, and UN
Member States are bound by it. The UN Charter codifies the major principles of international
relations, from sovereign equality of States to the prohibition of the use of force in international
relations.
Since the UN's founding in 1945, the mission and work of the Organization have been guided
by the purposes and principles contained in its founding Charter, which has been amended
three times in 1963, 1965, and 1973.
The International Court of Justice, the principal judicial organ of the United Nations, functions
in accordance with the Statute of the International Court of Justice, which is annexed to the
UN Charter, and forms an integral part of it.
The main bodies of the United Nations are the General Assembly, the Security Council,
the Economic and Social Council, the Trusteeship Council, the International Court of
Justice, and the UN Secretariat. All were established under the UN Charter when the
Organization was founded in 1945.

History
The origin of the Charter of the United Nations can be traced back to the Atlantic
Charter, signed on 14 August 1941 (1941: The Atlantic Charter), made known “certain
common principles in the national policies of their respective countries on which they base
their hopes for a better future for the world”.
On New Year’s Day 1942, twenty-six governments signed the Declaration of the United
Nations in Washington, D.C., the United States, and another twenty-one governments followed
suit before the end of the Second World War. In 1945, representatives of 50 countries met in
San Francisco at the United Nations Conference on International Organisation to draw up the
United Nations Charter, an international treaty that sets out basic principles of international
relations. The UN Charter was signed on 26 June 1945 by the representatives of the 50
countries, making international concern for human rights an established part of international
law.
The United Nations officially came into existence on 24 October 1945, when the Charter had
been ratified by China, France, the Soviet Union, the United Kingdom, the United States and
by a majority of other signatories. In the Preamble to the Charter, the signatories ‘reaffirm
faith in fundamental human rights, in the dignity and worth of the human person and in
the equal rights of men and women [...]’, echoing the belief of the era that the massive human
rights violations committed during the Second World War could have been prevented and the
hope that they should never be repeated. Today, nearly every nation in the world belongs to
the UN; membership totals 192 countries.
The United Nations has six principal organs: the General Assembly, the Security Council, the
Economic and Social Council, the Trusteeship Council, the International Court of Justice and
the Secretariat (Article 7 UN Charter). In addition, the United Nations system consists of
several specialised agencies and a number of other specialised bodies dealing with human
rights. (Office of the United Nations High Commissioner for Human Rights (OHCHR), United
Nations Development Programme (UNDP), United Nations Educational, Scientific and
Cultural Organization (UNESCO), United Nations International Children's Fund (UNICEF),
International Labour Organization (ILO), World Health Organization (WHO), etc.
Modern international human rights law is to a large extent founded on the standard-
setting work of the United Nations; through UN efforts governments have established many
multilateral agreements and this comprehensive body of international law, including human
rights law, is one of the UN’s greatest achievements. With its standard-setting work nearly
complete, the UN is shifting the emphasis of its human rights efforts to the implementation of
human rights laws.
Structure of the UN Charter
Chapter I: Purposes and Principles (Articles 1-2)
Chapter II: Membership (Articles 3-6)
Chapter III: Organs (Articles 7-8)
Chapter IV: The General Assembly (Articles 9-22)
Chapter V: The Security Council (Articles 23-32)
Chapter VI: Pacific Settlement of Disputes (Articles 33-38)
Chapter VII: Action with Respect to Threats to the Peace, Breaches of the Peace, and Acts of
Aggression (Articles 39-51)
Chapter VIII: Regional Arrangements (Articles 52-54)
Chapter IX: International Economic and Social Cooperation (Articles 55-60)
Chapter X: The Economic and Social Council (Articles 61-72)
Chapter XI: Declaration Regarding Non-Self-Governing Territories (Articles 73-74)
Chapter XII: International Trusteeship System (Articles 75-85)
Chapter XIII: The Trusteeship Council (Articles 86-91)
Chapter XIV: The International Court of Justice (Articles 92-96)
Chapter XV: The Secretariat (Articles 97-101)
Chapter XVI: Miscellaneous Provisions (Articles 102-105)
Chapter XVII: Transitional Security Arrangements (Articles 106-107)
Chapter XVIII: Amendments (Articles 108-109)
Chapter XIX: Ratification and Signature (Articles 110-111)
Amendments to Articles 23, 27, 61, 109

Role of the UN Charter in development of Human Rights

The United Nations Charter sets forth the "inherent dignity" and the "equal and
inalienable rights of all members of the human family." Upholding these human rights
principles as "the foundation of freedom, justice, and peace in the world" is fundamental to
every undertaking of the United Nations.
THE UNITED NATIONS CHARTER
“When states become members of the UN they accept the obligations of the UN Charter that
sets out the four main purposes of the UN: to maintain international peace and security;
to develop friendly relations among nations;
to co-operate in solving international problems and in promoting respect for human rights; and
to be a centre for harmonising the actions of nations.” (From: Icelandic Human Rights Centre)
The UN Charter refers provisions for promotion and protection of human rights in the Preamble
and Articles 1, 8, 13(1) (b), 55, 56, 62 (2) , 68 and 76 (c):
• The first paragraph of the preamble lays down that:
“WE THE PEOPLES OF THE UNITED NATIONS DETERMINED
To save succeeding generations from the scourge of war, which twice in our lifetime has
brought untold sorrow to mankind, and
To reaffirm faith in fundamental human rights, in the dignity and worth of the human
person, in the equal rights of men and women and of nations large and small, and
To establish conditions under which justice and respect for the obligations arising from treaties
and other sources of international law can be maintained, and
To promote social progress and better standards of life in larger freedom…”
The preamble highlights the importance of human rights, the importance of dignity of the
human person and equality of men and women, irrespective of any aspects of their lives.
• Article 1 (3): “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; and
(4): To be a centre for harmonizing the actions of nations in the attainment of these common
ends.”
Paragraphs 3 and 4 of the Article 1 state one of the important objectives of the UN as: ‘[?]
promoting and encouraging respect for human rights and for fundamental freedoms for all
without distinction as to race, sex, language or religion’. And the need for cooperation and
collective action of the countries in achieving the objectives laid down.
“This marked the birth of the international and universal recognition of human rights. However,
despite the differences as to what rights and freedoms are, the achievement of the maximum
freedom and dignity of the human beings was primary aim of the United Nations” (H.O.
Agarwal)
• Article 8 states that ‘the United Nations shall place no restrictions on the eligibility of men
and women to participate in any capacity and under conditions of equality in its principal and
subsidiary organs’. This highlights the principle of equality.
• Article 13 (1.2) states that the responsibilities, functions and powers of the General Assembly
shall include ‘assisting in the realisation of human rights and fundamental freedoms for all ’.
The UNGA and the ECOSOC were tasked with realization of the promotion of human rights
and fundamental freedoms, this was done through allotment of powers to the UNGA to initiate
and conduct studies and make the necessary recommendations.
“Majority of the items relating to human rights and considered by UNGA’s Third Committee
(Social, humanitarian and cultural committee), but others may be referred to others committees
such as the Sixth Committee (Legal Committee), First Committee (Political and Security
Committee).
The Assembly (UNGA) had also established subsidiary organs dealing with specific human
rights issues such as the Special Committee on De-colonization, the Special Committee on
Apartheid and the Special Committee to investigate Israeli practices in the Occupied
Territories.” (H.O. Agarwal)

• Article 55 describes the purposes of the UN in international co-operation, which include

under (c): ‘universal respect for, and observance of human rights and fundamental
freedoms for all without discrimination as to race, sex, language, or religion’.

That 55th Article of the UN Charter marks the role of the UN in:
a. Promoting higher standards of living, full employment and conditions of economic and
social progress and development.
b. Solutions of international economic, social, health and related problems, and
international cultural and educational cooperation; and
c. Universal respect for, and observance of human rights and fundamental freedoms for
all without discrimination as to race, sex, language, or religion.
Unlike the previous articles, the Article 55 is not self-explanatory. As per the wordings, it
can be assumed that, human rights are limited to those subjects mentioned in paragraph
‘c’ and subjects in paragraphs ‘a’ and ‘b’ are not rights, but only the policies that should
be promoted.
• Article 56 contains a pledge by all members ‘to take joint and separate action in co-
operation with the Organisation for the achievement of the purposes set forth in Article 55’.
Article 56 is in continuation of Article 55, and urges the member states to take a unified action
to fulfil the purposes set in Article 55.
Given the historical and rather different socioeconomic philosophies and systems then
advanced by the US- and Soviet- led blocs, this was an ambitious goal. UNESCO and similar
specialized agencies were brought under the UN umbrella in accordance with the provisions of
this chapter.
• Article 62 contains similar provisions in describing the responsibilities, functions and
powers of the Economic and Social Council (ECOSOC).
Article 62 empowers the Economic and Social Council to "make or initiate studies and
reports with respect to international economic, social, cultural, educational, health, and
related matters" and to make recommendations "promoting respect for, and observance
of, human rights and fundamental freedoms for all."
It can prepare draft conventions and call international conferences – for example, the 1961
New York conference that drafted the Single Convention on Narcotic Drugs.

• Article 68 authorises the ECOSOC to set up commissions ‘in economic and social fields
and for the promotion of human rights’.
The Article 68 directed the Economic and Social Council to set up commissions in
economic and social fields, with an aim to promote human rights.
The Commission on Human Rights and the Commission on Status of Women are the
subsidiary bodies of ECOSOC.

• Article 76 contains human rights provisions in the description of the international trusteeship
system.
Article 76, para ‘c’ stipulates one of the main objectives of the trusteeship system is to
encourage respect for human rights and for fundamental freedom of all without
distinction as to race, sex, language of religion, and to encourage recognition of the
interdependence of the peoples in the world.
Conclusion
The Charter of the United Nations, signed on 26 June 1945, states that the fundamental
objective of the United Nations is “to save succeeding generations from the scourge of war”
and “to reaffirm faith in fundamental human rights, in the dignity and worth of the human
person and in the equal rights of men and women”.
The UN Charter was the first international document which recognized the respect for
human rights and fundamental freedoms as principle of International Law. The
provisions on human rights contained within the UN Charter underline the importance
of treatment of its citizens by the state, on an international level. It incorporates several
provisions pertaining to promotion and development of ‘human rights and fundamental
freedoms’, thus taking a major step towards the development of the international law. “All the
member states were required to promote observance of fundamental human rights without
distinction as to race, sex, language and religion.” In addition to the provisions contained within
it, the charter also makes repeated references to the concept of ‘fundamental human rights’,
‘the dignity and worth of the human person’, ‘equal rights’, ‘justice’, ‘social progress’ etc.
marking their significant importance for the UN.
The UN Charter played a crucial role in ‘universalizing’ and ‘internationalizing’ the
concept of human rights, which to this date has been signed by 193 countries; “it became
universalized in the sense that there was a general acceptance of rights by national governments
and was internationalized because the treatment of citizens in one country became the business
of other countries as well.” This was important in achieving unity amongst member states to
address the common issues and keeping a unified goal of global promotion and respect for the
human rights.
While the human rights occupy a significant position in the UN Charter, there is a divided
opinion on human rights having a legal standing under the law of UN (has become legal rights
due to adoption of UDHR and coming into effect of international bill of rights). The Charter
does not lay down ‘express verbis’ (that there is legal obligation on the nations to observe
human rights and fundamental freedoms) Further, it does not define what constitutes as and
what is enumerated within ‘human rights’, neither does it guarantee the protection of human
rights and fundamental freedoms. Courts in various states have considered the legal effects of
the provisions in the UN Charter, some have affirmed the binding nature and direct
enforceability of it, while others have denied their enforcement as it has not been formally
incorporated in the law of land.
Although some states had proposed ‘International Bill of Rights’ while drafting of the UN
charter, it was explicitly rejected due to lack of sufficient time, resulting in the provisions on
human rights in the UN Charter being vague. That being said, UN Charter led to subsequent
grown and development of human rights in an unprecedented way.

d. Role of International Organizations in Development of Human Rights

"Everyone has the right, individually and in association with others, to promote and to strive
for the protection and realization of human rights and fundamental freedoms at the national
and international levels."
Article 1, UN Declaration on Human Rights Defenders
International Organizations:
Some international agreements create International Organizations, which are institutions that
set rules for nations and provide venues for diplomacy. There are two types of international
organizations: International Governmental Organizations (IGOs) and International
Nongovernmental Organizations (INGOs or, more commonly, NGOs). In recent years,
Multinational Corporations (MNCs) have also had a significant impact on the international
system.
IGOs and NGOs exist for a variety of reasons, such as controlling the proliferation of
conventional and nuclear weapons, supervising trade, maintaining military alliances, ending
world hunger, and fostering the spread of democracy and peace.
An international organization is one that includes members from more than one nation. Some
international organizations are very large, such as business corporations. Others are small and
dedicated to a specific purpose, such as conservation of a species.
“International organisations are entities established by formal political agreements
between their members that have the status of international treaties; their existence is
recognised by law in their member countries; they are not treated as resident institutional
units of the countries in which they are located.” (OECD: Organisation for Economic Co-
operation and Development)

Classification or Types of International Organizations

Usually the International Organizations can be classified as being an:
1. Inter-Governmental Organizations
2. International Non-Governmental Organization
3. Multinational Organizations
Inter-Governmental Organizations:
Many international organizations are intergovernmental. Intergovernmental organizations
form as multiple governments form an international organization.
The Yearbook of International Organizations, which aims to identify and list all
intergovernmental organizations, defines such bodies as:
• Being based on a formal instrument of agreement between the governments of nation
states
• Including three or more nation states as parties to the agreement
• Possessing a permanent secretariat performing ongoing tasks
The view of the Economic and Social Council of the United Nations concerning
intergovernmental organizations is implicit in its Resolution 288 (X) of 27 February 1950:
"Any international organization which is not established by intergovernmental
agreement shall be considered as a non-governmental organization for the purpose of these
arrangements."
The resolution was concerned with the implementation of Article 71 of the United Nations
Charter on consultative status of non-governmental organizations, and it was amplified by
Resolution 1296 (XLIV) of 25 June 1968:
"...including organizations which accept members designated by government authorities,
provided that such membership does not interfere with the free expression of views of the
organizations."
The matter is complicated by the fact that, pursuant to Article 12 of the regulations of the
General Assembly of the United Nations (giving effect to Article 102 of the Charter), the
Secretariat publishes (in the UN Treaty Series) every instrument submitted to it by a Member
State, when "so far as that party is concerned, the instrument is a treaty or an international
agreement within the meaning of Article 102" (Note in UN Treaty Series, Vol; 748). The terms
"treaty" and "international agreement" have not been defined either in the Charter or in the
regulations. Furthermore: "It is the understanding of the Secretariat that its action does not
confer on the instrument the status of a treaty or an international agreement if it does not already
have that status..." This difficulty is compounded by the delays (often of many years) before a
treaty is published in the UN Treaty Series. Further complications arise from:
the increasing number of "international agreements" in which one or more of the parties is a
constituent state (eg Quebec) of a federal state system (eg Canada). This matter was not
resolved by the Vienna Convention on the Law of Treaties (Vienna, 1969)
bilateralisation of treaties when several states act together to aid another state under a
"multilateral" treaty signed by all of them
agreements in which one of the parties is itself an intergovernmental organization (thus
"multilateralising" the agreement) acting to establish an intergovernmental institute in a
particular country (thus "bilateralising" the agreement), of which the government is one of the
parties to that agreement (eg many UNESCO agreements with individual developing countries
to establish regional research centres)
agreements signed on behalf of national government agencies or departments which, in the
case of purely technical matters, may not fully engage the state; the resulting organizations
may then define themselves as "non-governmental".
All organizations established by agreements to which three states or more are parties are
therefore included. Following the adoption of Resolution 334 (XI) of 20 July 1950 (see
Appendix 14), it was agreed with the UN Secretariat in New York that bodies arising out of
bilateral agreements should not be included in the Yearbook (although they may be included
in Type G or N).
A detailed re-examination of this matter by Singer and Wallace questioned this conventional
definition. In particular they argue:
It may be objected, of course, that bilateral organizations should not be included on the grounds
that they are not "really" IGOs, as we usually conceive of them because they result from
"contractual" rather than "law-making" treaties. There are two points to be made here: One,
this objection is met by us in that mere treaties or pacts are excluded by other criteria. We only
urge that an organization's bilateral character cannot of itself be grounds for exclusion. Further,
such exclusion would not only leave out such important organizations as the North American
Air Defense Command (NORAD) but would also force us to drop such multilateral
organizations as the Rhine Commission when historical circumstances temporarily reduced the
membership to two." (2))
Singer and Wallace also consider the distinction between IGOs and NGOs in the case of
"mixed" organizations, some of whose delegations are appointed by governmental agencies or
ministries and some by private bodies such as corporations. They conclude that
it would be unreasonable to exclude organizations simply because a number of their members
were not national states.

The ECOSOC defines a non-governmental organization as: Any international organization

which is not established by inter-governmental agreement shall be considered as a non-
governmental organization for the purpose of these arrangements, including organizations
which accept members designated by government authorities, provided that such membership
does not interfere with the free expression of views of the organization."
States (national governments) can be both, the guarantors of the human rights, or
violators, of the human rights.
“Human rights treaties protect individuals from government action (or inaction) that would
threaten or harm their fundamental rights. Like national constitutions, which are covenants
between governments and their citizens, international human rights treaties are covenants
between States and the international community, whereby States agree to guarantee certain
rights to everyone within their territory or under their control. When States ratify human rights
treaties, they agree to both refrain from violating specific rights and to guarantee enjoyment of
those rights by individuals and groups within their jurisdictions.”
The international organizations (regional and international human rights bodies) play an
important role in monitoring compliance of the states with their human rights commitments.
These courts and oversight mechanisms also provide opportunities for redress and
accountability that may be non-existent or ineffective at the national level.

NGOs or Civil Society Organizations:

The term non-governmental or non-profit is normally used to cover the range of organisations
which go to make up civil society. Such organisations are characterised, in general, by having
as the purpose of their existence something other than financial profit. However, this leaves a
huge multitude of reasons for existence and a wide variety of enterprises and activities. NGOs
range from small pressure groups on, for example, specific environmental concerns or specific
human rights violations, through educational charities, women's refuges, cultural associations,
religious organisations, legal foundations, humanitarian assistance programmes – and the list
could continue – all the way to the huge international organisations with hundreds or even
thousands of branches or members in different parts of the world.
At nearly every level of the different attempts to preserve the dignity of individual citizens
when this is threatened by the power of the state, international organisations play a crucial
role in:
• fighting individual violations of human rights either directly or by supporting particular
‘test cases' through relevant courts
• offering direct assistance to those whose rights have been violated
• lobbying for changes to national, regional or international law
• helping to develop the substance of those laws
• promoting knowledge of, and respect for, human rights among the population.

In regards to the contribution of NGOs, it is important not only in terms of the results that are
achieved, and therefore for the optimism that people may feel about the defence of human
rights in the world, but also because NGOs are, in a very direct sense, tools that are available
to be used by individuals and groups throughout the world. They are managed and co-ordinated
– as many organisations are – by private individuals, but they also draw a large part of their
strength from other members of the community offering voluntary support to their cause. This
fact gives them great significance for those individuals who would like to contribute to the
improvement of human rights in the world.