SEMINAR 1:

THE EMERGENCE OF INTERNATIONAL HUMAN RIGHTS NORMS.

THE CHARTER OF THE UN. HUMAN RIGHTS IN THE UN
CHARTER
HUMAN RIGHTS AS AN INTERNATIONAL
DISCIPLINE

• Regulates the relationship between the state and individuals

• Vertical not horizontal
• State sovereignty and nonintervention
THE AFTERMATH OF WWII

• New focus on fundamental rights

• The Charter of the UN 1945
• Preamble
• Article 1: Purposes of the UN
• Article 55: Economic and Social Cooperation
PREAMBLE
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,

AND FOR THESE ENDS

to practice tolerance and live together in peace with one another as good neighbours, and
to unite our strength to maintain international peace and security, and
to ensure, by the acceptance of principles and the institution of methods, that armed force shall not be used, save in the
common interest, and
to employ international machinery for the promotion of the economic and social advancement of all peoples,

HAVE RESOLVED TO COMBINE OUR EFFORTS TO ACCOMPLISH THESE AIMS.

Accordingly, our respective Governments, through representatives assembled in the city of San Francisco, who have
exhibited their full powers found to be in good and due form, have agreed to the present Charter of the United Nations and do
hereby establish an international organization to be known as the United Nations.
ARTICLE 1: THE PURPOSES OF THE UN

1. To maintain international peace and security, and to that end: to take effective
collective measures for the prevention and removal of peace, and for the
suppression of acts of aggression or other breaches of the peace, and to bring
about by peaceful means, and in conformity with the principles of justice and
international law, adjustment or settlement of international disputes or
situations which might lead to a breach of the peace;.
2. To develop friendly relations among nations based on respect for the principle
of equal rights and self-determination of peoples, and to take other appropriate
measures to strengthen universal peace;
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.
ARTICLE 55: INTERNATIONAL ECONOMIC
AND SOCIAL COOPERATION

With a view to the creation of conditions of stability and well-being which are
necessary for peaceful and friendly relations among nations based on respect for
the principle of equal rights and self-determination of peoples, the United Nations
shall promote:

• higher standards of living, full employment, and conditions of economic and

social progress and development;

• solutions of international economic, social, health, and related problems; and

international cultural and educational cooperation; and

• universal respect for, and observance of, human rights and fundamental
freedoms for all without distinction as to race, sex, language, or religion
THE UNIVERSAL DECLARATION OF HUMAN
RIGHTS

• The Economic and Social Council

• The Commission on Human Rights
• The vote on the UDHR. 48 votes. 8 abstentions.
• List of abstentions
• South Africa
• Saudi Arabia
• USSR and its satellite states
THE UNIVERSAL DECLARATION OF HUMAN
RIGHTS

• Non binding
• Customary international law
• General principles of Law
THE ROLE OF THE UDHR IN ADVANCING
HUMAN RIGHTS

• The UDHR: a guide for the development of subsequent human rights treaties
• Convention on the Elimination of Racial Discrimination 1965
• Covenant on Economic, Social and Cultural Rights 1966
• Covenant on Civil and Political Rights 1966
• Convention on the Elimination of All Forms of Discrimination against Women 1979
• Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment 1984
• Convention on the Rights of the Child 1989
THE ROLE OF THE UDHR IN ADVANCING
HUMAN RIGHTS

• Binding treaties —> catalysts for change

• Create normative pressure
• Standard setting for citizens
• Political pressure
CHALLENGES IN ADVANCING HUMAN
RIGHTS

• No clear mechanism of implementation

• No means to monitor progress
• Accountability measures —> discretion of states
• Despite this, huge influence:
• The
UDHR was formally reaffirmed by 171 states at the Vienna
Convention in 1993
CHALLENGES IN IMPLEMENTING HUMAN
RIGHTS

• Review process included in UDHR-based treaties

• Shadow reports by independent actors
• Despite this:
• ‘Action by states remains entirely selective and voluntary’ - Ozler
• Only 33 of 197 countries in the human rights treaty system fully comply
with their treaty obligations
THE HUMAN RIGHTS COUNCIL

• Established 2006
• Composed of 47 states elected by the General Assembly
• Universal Periodic Review
• Aim:to improve the human rights situation in all countries and
address human rights violations
• Advisory Committee
• 18 experts, providing advice to the Council
• Complaint Procedure
• Addresses complaints submitted by individuals, groups or NGOs