INTERNATIONAL HUMAN RIGHTS LAW

International human rights law lays down the obligations of Governments to act in certain
ways or to refrain from certain acts, in order to promote and protect human rights and
fundamental freedoms of individuals or groups.

International human rights law sets out the commitments of governments to act in certain
courses or to shun certain demonstrations in order to promote and secure human rights and
fundamental freedoms of people or associations.

One of the great achievements of the United Nations is the creation of a comprehensive body
of human rights law—a universal and internationally protected code to which all nations can
subscribe and all people aspire. The United Nations has defined a broad range of
internationally accepted rights, including civil, cultural, economic, political and social rights.
It has also established mechanisms to promote and protect these rights and to assist states in
carrying out their responsibilities.

One of the finest accomplishments of the United Nations is the formation of a complete
collection of human rights law--a widespread and universally secured code to which all
countries can subscribe and all individuals pursue. The United Nations has characterized a
wide scope of universally acknowledged rights, including political, economic, cultural, civil,
and social rights. It has also established mechanisms instruments to promote and ensure these
rights and help states in doing their obligations

The foundations of this body of law are the Charter of the United Nations and the Universal
Declaration of Human Rights, adopted by the General Assembly in 1945 and 1948,
respectively. Since then, the United Nations has gradually expanded human rights law to
encompass specific standards for women, children, persons with disabilities, minorities and
other vulnerable groups, who now possess rights that protect them from discrimination that
had long been common in many societies.

The base of this body of law are the Charter of the United Nations and the Universal
Declaration of Human Rights, accepted by the General Assembly in 1945 and 1948,
respectively. From that point forward, the United Nations has progressively extended human
rights law to include particular standards for children, women, minorities, persons with
disabilities, and other vulnerable groups, who presently have rights that shield them from
discrimination that had for quite some time been normal in numerous societies.

THE UNIVERSAL DECLARATION OF HUMAN RIGHTS

The Universal Declaration of Human Rights (UDHR) is a historic document that was adopted

by the United Nations General Assembly at its third session on 10 December 1948 as

Resolution 217 at the Palais de Chaillot in Paris, France. Of the then 58 members of the

United Nations, 48 voted in favor, none against, eight abstained, and two did not vote.

The Universal Declaration of Human Rights (UDHR) is a memorable record that was

embraced by the United Nations General Assembly at its third session on December 10, 1948

as Resolution 217 at the Palais de Chaillot in Paris, France. Of the then 58 members of the

United Nations, 48 casted a ballot in favor, none against, eight renounced, and two did not

vote.

The Declaration consists of 30 articles affirming an individual's rights which, although not

legally binding in themselves, have been elaborated in subsequent international treaties,

economic transfers, regional human rights instruments, national constitutions, and other laws.

The Declaration was the first step in the process of formulating the International Bill of

Human Rights, which was completed in 1966, and came into force in 1976, after a sufficient

number of countries had ratified them.

Some legal scholars have argued that because countries have constantly invoked the

Declaration for more than 50 years, it has become binding as a part of customary

international law.[2][3] However, in the United States, the Supreme Court in Sosa v. Alvarez-

Machain (2004), concluded that the Declaration "does not of its own force impose
obligations as a matter of international law."[4] Courts of other countries have also concluded

that the Declaration is not in and of itself part of domestic law.

BACKGROUND

During World War II, the Allies adopted the Four Freedoms—freedom of speech, freedom of

religion, freedom from fear, and freedom from want—as their basic war aims.[8][9] The

United Nations Charter "reaffirmed faith in fundamental human rights, and dignity and worth

of the human person" and committed all member states to promote "universal respect for, and

observance of, human rights and fundamental freedoms for all without distinction as to race,

sex, language, or religion".[10]

When the atrocities committed by Nazi Germany became fully apparent after World War II,

the consensus within the world community was that the United Nations Charter did not

sufficiently define the rights to which it referred.[11][12] A universal declaration that

specified the rights of individuals was necessary to give effect to the Charter's provisions on

human rights.[13]

DRAFTING

Main article: Drafting of the Universal Declaration of Human Rights

In June 1946, the UN Economic and Social Council established the Commission on Human

Rights, comprising 18 members from various nationalities and political backgrounds. The

Commission, a standing body of the United Nations, was constituted to undertake the work of

preparing what was initially conceived as an International Bill of Rights.[14]

The Commission established a special Universal Declaration of Human Rights Drafting

Committee, chaired by Eleanor Roosevelt, to write the articles of the Declaration. The

Committee met in two sessions over the course of two years.

Canadian John Peters Humphrey, Director of the Division of Human Rights within the United
Nations Secretariat, was called upon by the United Nations Secretary-General to work on the

project and became the Declaration's principal drafter.[15] At the time, Humphrey was newly

appointed as Director of the Division of Human Rights within the United Nations Secretariat.

[16]

Other well-known members of the drafting committee included René Cassin of France,

Charles Malik of Lebanon, and P. C. Chang of the Republic of China.[17] Humphrey

provided the initial draft that became the working text of the Commission.

According to Allan Carlson, the Declaration's pro-family phrases were the result of the

Christian Democratic movement's influence on Cassin and Malik.[18]

Once the Committee finished its work in May 1948, the draft was further discussed by the

Commission on Human Rights, the Economic and Social Council, the Third Committee of

the General Assembly before being put to vote in December 1948. During these discussions

many amendments and propositions were made by UN Member States.[19]

British representatives were extremely frustrated that the proposal had moral but no legal

obligation.[20] (It was not until 1976 that the International Covenant on Civil and Political

Rights came into force, giving a legal status to most of the Declaration.)