The United Nations and Human Rights

Posted on May 3, 2024 in Law & Jurisprudence

INTRODUCTION

Universal human rights are often enshrined in law and guaranteed by law, through treaties, customary international law, general principles and other sources of international law. International human rights law establishes the obligations of governments to take action in certain situations, or to refrain from acting in certain ways in others, in order to promote and protect the human rights and fundamental freedoms of individuals or groups. One of the mandates of the UN is to ensure full respect for the human dignity of the “peoples of the United Nations”, in whose name the Charter was written. Through its international machinery, the UN is at work on many fronts: It keeps the world’s attention focused on practices that threaten to undermine human rights standards. It codifies human rights international law. It ensures that human rights are protected, through the Human Rights Council, treaty bodies, so it has procedures to monitor compliance with human rights standards and to investigate alleged violations. The UN acts as a Forum of Appeal, under the First Optional Protocol to the international Covenant on Civil and Political Rights, and other international Conventions individuals can bring complaints against states that have accepted the appeal procedure, once all domestic remedies have been exhausted.

General Protection of Human Rights

1.Instruments :The United Nations CharterThe Preamble to the Charter reaffirms “faith in fundamental human rights, in the dignity and worth of the human person, in the equal rights of men and women…”. One of the four principal tasks of the UN is to promote “Respect for Human Rights and for fundamental Freedoms for all…”.The Universal Declaration of Human Rights, 1948, adopted by the General Assembly, spells out basic rights that all human beings should enjoy. Its provisions are considered to have have been elaborated in Treaties, Constitutions and laws.Bodys dealing with Human RightsThe General AssemblyIt adopted the Universal Declaration of Human Rights 1948, the international Covenant on Economic, Social and Cultural Rights, and the international Covenant on Civil and Political Rights 

ECOSOC                         According with the UN Charter ECOSOC set up the UN Commission on Human Rights, which was replaced in 2006 by a Human Rights Council, which is a subsidiary body to the GA.The Universal Declaration of Human Rights 1948: it was first a resolution of ECOSOC, after voted in the GA..Human Rights. It is authorized to .Mechanisms:The Complaint Procedure: addresses consistent patterns of gross violations of human rights, confidential; Special Procedures: independent experts publicly report on human rights situations in specific countries or on major human rights violations; Universal Periodic Review: a review of the human rights records of all States once every four years, so states can declare what actions they have taken to improve their human rights situations.The Office of the High Commissioner for Human Rights (OHCHR)serves as    

The UN High Commissioner for Human Rights (under the authority of the Secretary-General) is the official with principal responsibility for UN human rights activities. The Secretary-GeneralHe has made human rights the central theme that unifies the Organization’s work in the key areas of peace and security, development, humanitarian assistance, and economic and social affairs.The Security Council Gross and systematic violations of human rights may be considered by the Security Council as a breach of international peace and security, therefore it may act under Chapter VII of the Charter to prevent them.

International Conventions and Bodys

, translate the provisions of the Universal Declaration into legally binding commitments, while committees monitor the compliance of states parties. 1.The Covenant on Civil and Political Rights (1966) It entered into force in 1976 and establishes the right to self-determination, the right to life and it prohibits torture and cruel, inhuman or degrading punishment and slavery The First Optional Protocol provides The Covenant established a Human Rights Committee, which considers reports submitted by states parties on measures taken by them to implement the Covenant, and following consideration, the Committee must forward its conclusions to the party. 1.The Covenant on Economic, Social and Cultural Rights (1966) It entered into force in 1976 and establishes the right to self-determination, the right to work,the right of workers to form or join trade unions or to strike, the right to social protection, the right to an adequate standard of living (food, water, housing), the right to health, the right to education…. This Covenant is not intended for immediate implementation, the state parties having agreed only to take steps toward achieving progressively the full realization of the rights recognized in the Covenant.One obligation, however, is subject to immediate application: the prohibition of discrimination in the enjoyment of the rights on grounds of race, sex,The state parties are obliged to report to the Committee on Economic, Social and Cultural Rights on the steps they have adopted and on the progress they have made in achieving the realization of the rights, and the Committee will make recommendations to states based on its review of their reports.thier ConventionsThe Universal Declaration has served as the inspiration for conventions such as:The Convention on the Prevention and Punishment of the Crime of Genocide (48)The Convention relating to the Status of Refugees (51) defines the rights of refugees, especially their right not to be forcibly returned to countries where they are at risk.The Convention on the Elimination of all forms of Racial Discrimination (66) The Convention on the Elimination of Discrimination against Women (79),The Convention against Torture (84) The Convention on the Rights of the Child (89) The Convention on the Protection of the Rights of all  Migrant Workers (90). The Convention for the Protection of persons from Enforced Disappearances (06).The Convention on the Rights of Persons with Disabilities (2006)When states become party to these conventions, they agree to have their human rights legislation and practices reviewed by independent expert bodies.