Introduction

Human rights are often presented as universal and timeless, rooted in the inherent dignity of all human
beings. Yet, their modern articulation emerged out of concrete historical and political struggles. The post
World War II period gave birth to the United Nations Charter 1945 and the Universal Declaration of
Human Rights 1948 (UDHR), and was the beginning of the Cold War, an era which was defined by
intense geopolitical rivalry and deep ideological divides. These forces profoundly influenced the
conceptualization and categorization of rights. That is; civil and political liberties, and on the other hand,
economic and social entitlements. And were each elevated by different blocs as markers of legitimacy and
moral superiority1.

The Charter of the United Nations presents a radical departure from previous approaches to the
international protection of human rights. Historically, international law did not regulate how states treated
their own citizens. the concern of the international community was restricted to the treatment of
foreigners, and various procedures were devised for dealing with claims of a citizen of one country
against another country for wrongs suffered in the territory of the second country, or due to violations of
international law by its officials, citizens or inhabitants 2. Roughly a century ago, international concern
began to extend slightly to minority groups in Europe and peoples under colonial domination in Africa 3.

The League of Nations established special regimes for the protection of minorities in a few countries of
Eastern and Southern Europe and the Middle East4, and for the promotion of the well-being of inhabitants
of territories under mandate5, but suggestions to broaden the system to other countries received practically
no support6. The climate changed completely during the Second World War, when totalitarian regimes not
only grossly violated human rights both at home and in occupied territories but also practiced wholesale
extermination of groups of people because of their race, nationality or religion 7. Thus one of the basic

1
Anghie A, The Evolution of International Law: Colonial and Postcolonial Realities (2006) 27(5)
Third World Quarterly 739

2
L. SoHN & T. BuERGENTHAL, INTERNATIONAL PROTECTION OF HtMAN RIGHTS 23 96 (1973).
3
C. MACARTNEY, NATIONAL STATES AND NATIONAL MINORITIES 157-75 (1934); Q. WRIGHT, MANDATES UNDER
THE LEAGUE OF NATIONS 15-23 (1930).
4
P. DE AZCARATE, LEAGUE OF NATIONS AND NATIONAL MINORITIES 92-136 (1945). 4. H. HALL, MANDATES,
DEPENDENCIES AND TRUSTEESHIP 165-233 (1948).
5
H. HALL, MANDATES, DEPENDENCIES AND TRUSTEESHIP 165-233 (1948).

6
R. CLAUio_ NATIONAL MINORmTES: AN INTERNATIONAL PROBLEM 31-50 (1955).
7
Sohn, A Short History of United Nations Documents on Human Rights, in COMMISSION TO STUDY THE
ORGANIZATION OF PEACE, THE UNITED NATIONS AND HUMAN RIGHrs 37, 44-56 (1968
goals of the United Nations became the preservation of "human rights and justice in their own lands as
well as in other lands’’8

The transformation was solidified with the adoption of the United Nations Charter in 1945. The Charter
reaffirmed ‘faith in fundamental human rights, in the dignity and worth of the human person, in the equal
rights of men and women’ in its Preamble9. It identified the promotion of respect for human rights and
fundamental freedoms for all as a core purpose of the United Nations (Article 1), and imposed obligations
on member states to cooperate for universal respect and observance of human rights (Articles 55–56) 10. It
also created institutional responsibilities, for example; the General Assembly to promote studies and
recommendations on human rights (Articles 13, 14, 60), the Economic and Social Council (ECOSOC) to
initiate recommendations and establish a Human Rights Commission (Articles 62, 68) and the Trusteeship
System to ensure respect for human rights in non-self-governing territories (Articles 73, 76, 87 11. The
Charter provisions are binding international law, part of jus cogens, and prevail over other treaty
obligations under Article 10312. Because the Charter’s human rights provisions were vague, the Universal
Declaration of Human Rights (UDHR) was adopted in 1948 to provide concrete content13. Though not
binding at the time, it has since been recognized as an authoritative interpretation of the Charter and part
of customary international law. It has been heavily invoked by states, by the General Assembly in
numerous resolutions14. and even by the Security Council, such as in its condemnation of apartheid in
South Africa15.

8
Declaration by United Nations, Jan. 1, 1942 reproduced at U.S. DEPARTMENT OF STATE, 1 FOREIGN RELATIONS OF
THE UNITED STATES, 1942 at 25-26 (1943).
9
Declaration by United Nations, 1 January 1942, reproduced in US Department of State, 1 Foreign Relations of the
United States, 1942 25–26 (1943).
10
International Covenant on Economic, Social and Cultural Rights (adopted 16 December 1966, entered into force 3 January 1976)
993 UNTS 3 (ICESCR).

11
H. HALL, MANDATES, DEPENDENCIES AND TRUSTEESHIP 165-233 (1948)..

12
ibid art 103.

13
Universal Declaration of Human Rights (adopted 10 December 1948) UNGA Res 217 A (III).

14
UNGA Res 2625 (XXV) (24 October 1970) [Declaration on Friendly Relations].

15
UNSC Res 556 (23 October 1984) on apartheid in South Africa.
To legally codify the rights proclaimed in the UDHR, the international community adopted two binding
treaties in 1966. That is; The International Covenant on Civil and Political Rights (ICCPR)16 and the
International Covenant on Economic, Social and Cultural Rights (ICESCR)17, both entering into force in
1976. These Covenants detailed rights in specific terms, defined the scope of permissible limitations, and
established monitoring mechanisms, including periodic reporting. The ICCPR was further supplemented
by an Optional Protocol, which created an individual complaints procedure before the Human Rights
Committee18. While formally binding only on ratifying states, both Covenants are widely regarded as
authoritative interpretations of the Charter’s human rights obligations.

Since then, numerous conventions have reinforced the framework, including those on racial
discrimination, the rights of women, the rights of the child, and the prohibition of torture. Together, these
instruments operate on the principle that individuals enjoy the most favourable protection available under
overlapping norms.

In sum, the development from the UN Charter (1945), through the UDHR (1948), and the ICCPR and
ICESCR (1966), represents a dramatic transformation in international law. Within three decades, human
rights evolved from selective and limited protections to a universal, binding framework recognized as
central to the international legal order.

16
International Covenant on Civil and Political Rights (adopted 16 December 1966, entered into force 23 March 1976) 999 UNTS 171 (ICCPR).

17
International Covenant on Civil and Political Rights (adopted 16 December 1966, entered into force 23 March 1976) 999 UNTS 171 (ICCPR).

18
Optional Protocol to the International Covenant on Civil and Political Rights (adopted 16 December 1966, entered into force 23 March 1976)