In the Preamble to the United Nations Charter, the peoples of the United Nations declare their determination "to save succeeding generations from the scourge of war, reaffirm faith in fundamental human rights, and to promote social progress and better standards of life in larger freedom." Accordingly, Article 1 of the Charter proclaims that one of the purposes of the United Nations is to achieve international cooperation in promoting and encouraging respect for human rights and fundamental freedoms for all without distinction as to race, sex, language or religion.
Universal Declaration Of Human Rights
One of the first major achievements of the United Nations in the field of human rights was the adoption of the Universal Declaration of Human Rights by the General Assembly on December 10, 1948. The Assembly proclaimed the Declaration to be "a common standard of achievement for all peoples and all nations." It called upon Member States and all peoples to promote and secure the recognition and observance of the rights and freedoms set forth in the Declaration.
Each year, the anniversary of the adoption of the Declaration, December 10, is observed internationally as Human Rights Day.
Articles 1 and 2 of the Declaration state that "all human beings are born equal in dignity and rights" and are 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."
Articles 3 to 21 set forth the civil and political rights to which all human beings are entitled, including:
The right to life, liberty and security;
Freedom from slavery and servitude;
Freedom from torture or cruel, inhuman or degrading treatment or punishment;
The right to recognition as a person before the law; the right to judicial remedy; freedom from arbitrary arrest, detention or exile; the right to a fair trial and public hearing by an independent and impartial tribunal; the right to be presumed innocent until proved guilty;
Freedom from arbitrary interference with privacy, family, home or correspondence; freedom from attacks upon honor and reputation; the right to protection of the law against such attacks;
Freedom of movement; the right of asylum; the right to a nationality;
The right to marry and to found a family; the right to own property;
freedom of thought, conscience and religion; freedom of opinion and expression;
The right to peaceful assembly and association;
The right to take part in government and to equal access to public service.
Articles 22 to 27 set forth the economic, social and cultural rights to which all human beings are entitled, including:
The right to social security;
The right to work; the right to equal pay for equal work; the right to form and join trade unions;
The right to rest and leisure;
The right to a standard of living adequate for health and well-being;
The right to education;
The right to participate in the cultural life of the community.
The concluding Articles, 28 to 30, recognize that everyone is entitled to a social and international order in which the human rights set forth in the Declaration may be fully realized; that these rights may only be limited for the sole purpose of securing recognition and respect of the rights and freedoms of others; and that each person has duties to the community in which she or he lives.
International Covenants On Human Rights
Following adoption of the Universal Declaration, work began on the drafting of two International Covenants on Human Rights-one on economic, social and cultural rights and the other on civil and political rights-to put into binding legal form the rights proclaimed in the Declaration.
The International Covenant on Economic, Social and Cultural Rights, the International Covenant on Civil and Political Rights and the Optional Protocol to the latter Covenant were adopted unanimously by the General Assembly on December 16, 1966. These instruments, along with the Declaration itself and a second Optional Protocol adopted in 1989, make up what is now widely known as the International Bill of Human Rights.
Although the Covenants are based on the Universal Declaration, the rights covered are not identical. The most important right guaranteed by both Covenants and not contained in the Declaration is the right of peoples to self-determination, including the right to dispose freely of their natural wealth and resources.
The International Covenant on Economic, Social and Cultural Rights entered into force on January 3, 1976. By December 31, 1994, it had 131 States parties.
The human rights which the Covenant seeks to promote and protect are of three kinds:
The right to work in just and favorable conditions;
The right to social protection, to an adequate standard of living and to the highest attainable standards of physical and mental well-being;
The right to education and the enjoyment of benefits of cultural freedom and scientific progress.
The Covenant provides for the realization of these rights without discrimination of any kind. States parties to the Covenant submit periodic reports to the Economic and Social Council (ECOSOC). The Committee on Economic, Social and Cultural Rights, an 18-member body of experts set up by the Council to assist it in implementing the Covenant, studies these reports and discusses them with representatives of the Governments concerned. Its comments on the Covenant aim to help States parties in their task of implementation as well as to bring to their attention deficiencies in reports and reporting procedures. The Committee may also make recommendations to the Council based on its consideration of individual reports.
The International Covenant on Civil and Political Rights and the First Optional Protocol to that Covenant both entered into force on March 23, 1976. By December 31, 1994, the Covenant had 129 States parties, and the Protocol 80.
The Covenant deals with such rights as freedom of movement, equality before the law, the right to a fair trial and presumption of innocence, freedom of thought, conscience and religion, freedom of opinion and expression, peaceful assembly, freedom of association, participation in public affairs and elections and protection of minority rights. It prohibits arbitrary deprivation of life; torture, cruel or degrading treatment or punishment; slavery and forced labor; arbitrary arrest or detention and arbitrary interference with privacy; war propaganda, and advocacy of racial or religious hatred.
The Covenant established an 18-member Human Rights Committee, which considers reports submitted by States parties on measures taken to implement the Covenant's provisions. The Committee makes recommendations to the States parties, based on its study of their reports. The Committee also makes general comments on certain provisions of the Covenant which are designed to help States parties to give effect to the Covenant. If certain requirements are met, the Committee may receive communications from one State party claiming that another State party is not carrying out its obligations under the Covenant.
The Human Rights Committee receives and considers communications from individuals who claim that their human rights, being those rights protected by the Covenant, have been violated by a State party. This function was established under the First Optional Protocol. The Committee considers in private meetings, communications from individuals. Their letters and other documentation about individual cases, remain confidential. The findings of the Committee, however, are made public immediately after the session at which they were adopted and are reproduced in the Committee's annual report to the General Assembly. Several countries have changed their laws as a result of decisions taken by the Committee on individual complaints under the First Optional Protocol. In a number of cases, prisoners have been released and compensation paid to victims of human rights violations. The Committee has instituted a mechanism whereby it seeks to monitor more closely whether States parties have given effect to its decisions.
The Second Optional Protocol of the International Covenant on Civil and Political Rights Aiming at Abolition of the Death Penalty was adopted by the General Assembly on December 15, 1989. As of December 31, 1994, 26 States had agreed to be bound by the provisions of the Second Protocol, the implementation of which is supervised by the Human Rights Committee.
Specialized Human Rights Treaties
The International Bill of Rights has been further supplemented by several international legal instruments dealing with particular kinds of human rights violations such as torture and racial discrimination, or focusing on particular groups of vulnerable persons such as children and migrant workers.
In addition to the two Covenants, six of the major specialized human rights treaties provide for committees of experts to oversee the implementation of their provisions. States parties to such treaties agree to submit regular reports to the applicable committee, giving details about implementation and identifying problems which have arisen. By examining these reports and any other information it may have at hand, the Committee can make recommendations to assist a State in fulfilling its legal obligations.
From Basic Facts About the United Nations. Published by United Nations Department of Public Information. Copyright 1995 United Nations.
