Role of the United Nations and Human Rights issue-areas
Human beings get certain fundamental rights, which are known as ‘Human Rights,’ it is
birth right for every human being. Without these rights people cannot live with dignity, such
rights are guarantee universally; regardless of socio-economic status, geographical origin,
ethnicity and nationality. Human beings enjoy these rights with legal jurisdiction, which
differentiates themselves from animals. Here, the concept of human rights has moral, social,
cultural and religious dimensions with its theoretical roots. This concept goes back to the writings
of several political philosophers such as Aristotle, Marcus Cicero, Jean Bodin, Hugo Grotius,
Thomas Hobbes Locke, further down to the nineteenth century and contemporary thinkers like
Karl Marx, Isaiah Berlin, John Rawls, Robert Nozick, Amartya Sen, etc. Many others scholars
also stressed on the promotion of the concept and practice of human rights (Talwar, 2006:22).
In study of the development of human rights in both conceptual and practical sense, the
World War II (WW II) is considered as a great landmark. It marked severe forms of atrocities
against the human kind on an unprecedented scale within a short span. In aftermath of the War, the
United Nations (UN) was established in 1945 to prevent such catastrophe in the future, and as a
response to these terrific atrocities and sufferings, the ‘Universal Declaration of Human Rights’
(UDHR), 1948 was declared, which abides all nations. It includes international covenants, treaties
and various international and domestic human right laws. The details of international human rights
under the UN system would be discussed in the following section.
Meaning, nature and scope of human rights
Human rights are basically emerged as a regime among the countries around the world. The great
emphasis has been placed on international conventions and their implementation in order to achieve
universal standard of acceptability. The process of globalization and new technologies, gained a
greater importance not only in protecting of human being from the ill-effects of change but also
ensuring for all in a share of benefits.
Human rights are known as those fundamental remedies and freeships, this developed the
internal power of a man and require for the completeness of their personality. On which, every
human being of universe have legal claim whatever they are from any race, sex, language, or
religion. (Shukla, 2005: 275). A defining nature of human rights, which refers to ‘an universal
moral rights, something which all men, everywhere, at all times ought to have, something of which
no one may be deprived without a grave affront to justice, something which is owing to every
human simply because he is human’ (Augender, 2002: 80). However, every country explains these
rights in their own ways; for instance, India codified them as fundamental rights in the constitution.
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The nature of human rights is complicated of their source of origin. A debate continuous over
meaning of human rights, the universality and inalienability of human rights depends on a large
extent of the character of rights. But it is necessary to find out the meaning of rights, which refers to
‘good’ or proper, from the substance of a rights, which is special, possessable benefits, but then
another confusion arises when people assert a right to a benefits because it fills a need. But it is not
always a claim to confirm a right’s existence, for instance 1 a beggar may claim a right to $5 from a
businessman, who may give it to him, but that does not mean the beggar’s rights to it (Talwar,
2006: 06).
Types of human rights
Human rights are divided into two categories as Positive and Negative human tights. The first one,
Negative human rights (rights to be free from), which refers to mainly from the Anglo-American
legal tradition that a government should not take actions on their citizen. These are codified in the
United States Bill of Rights, the English Bill of Rights and Canadian Charter of Rights. The second
one, Positive Rights refers mainly Russian continents, European legal tradition, which allows states
to be obliged to protect their citizens. For substance, these rights include in this categories: the
rights to education, right to livelihood and to legal equality. Positive rights have been codified in
the Universal Declaration of Human Rights (1948) and in many twentieth century constitutions
(Talwar, 2006: 10).
The division of human rights was first proposed by Karel Vasak 2 in 1979, which are known as three
generation of human rights. These are following below:
a. First generation of human rights, this deals with liberty and political participation in
political life. These are civil and politically natural rights. In which include freedom of
speech, right to life, right to a fair trial and freedom of religion, these are codified in UDHR
in 1948, and also International Covenant on Civil and Political rights in 1976 (Haas,
2008:101).
b. The second generation of human rights, this category redrafted to equality and started to be
recognized by states after WW II. These are social, economic and cultural in nature, such as
right to work, right to choose occupation freely, right to sustain culture and others (Haas,
2008:117).
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It is also important that one may benefit from another’s duty. Without having a right to that benefits. For instance, Christians
may believe that they have a duty to give money to charity but that does not mean, charities have a right to Christian money.
2
Karel Vasak is a Czech-French international official and university Professor. In 1969, Vasak became the first secretary-General
of International Institute of Human Rights in Strasberg. In 1979, he proposed the idea of three generation of human rights, which
has root in European Law. He was also legal advisor to UNESCO and World Tourism organization. Later, he edited a book called,
the International Dimension of Human Rights in 1982.
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c. Third generation of human rights, this category reformed to those rights that go beyond the
civil and social rights. These rights are more controversial and lack both legal and political
recognition, which are right to peace, right to clean environment, right to self-determination,
right to natural resources and right to inter-generational equality and sustainability (Haas,
2008:117).
Origins of human rights
The scholars examine the origin of human rights in a number of ways. The respect for human rights
has grown over time and had a solid foundation in history on the one hand, but there are distinct
conceptions within various human rights development, both philosophical and historical origin of
human rights on the other hand. Not only philosophical and historical basis of origin of human
rights existed, but many major religions have stressed various elements of human rights such as
Hinduism, Buddhism, Confucianism, Christianity, and also Islam (Haas, 2008: 11), although the
religious traditions tend to focus on individual duties, prohibitions, and responsibilities.
Further more to the development of human rights system through philosophical tradition and
historical tenets in the next section.
Philosophical Origins of human rights
To start with Aristotle (384-322 BC.) believed that individual should grow, which develop
intellectual and moral basis for origin of human rights. He concluded from the analysis of the
parties that the best government acted to protect liberty of citizens, in which human can reach a
fulfillment of their capabilities. The next famous scholar, Marcus Cicero, formulated the theory of
natural law (Haas, 2008: 17). After him, Dutch philosopher, Hugo Grotius (1583-1645 AD)
stressed right to justice and security. The government should provide both rights for their citizens.
He also propounded the unchangebilitiy of what is naturally right and wrong; the law of nature is
permanent, which cannot be changed even by the god himself (see Table 1.1) (Talwar, 2006:21).
In the medieval age, Thomas Hobbes (1588-1679 AD) wrote ‘the Leviathan’ that developed the
concept of a social contract theory of state, in which human surrendered their all rights except right
to self preservation. This codified in the article three of the UDHR. After him, John Locke (1632-
1704) made strong defense for natural rights in the late seventeenth century with the publication of
his book ‘two Treatises on Government’; he argued that individual formed a government to protect
their rights such as right to life, liberty health and property (see table 1.1). Another and perhaps
most important philosopher, John Stuart Mill (1806-1873), felt that there is a need for free society
to live proper dignity and the main purpose of government is to prevent harm others. He also
differentiated the concept of positive and negative liberty.
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Karl Marx (1818-1883) left a legacy of opposition to rights that hindered socialist philosopher
from accommodating right within their theories. He denounced right as a
Table 1.1 the Philosophical basis of human rights
Philosophers Period Principles Remarks
Aristotle 384-322 BCE Idea of Liberty
Marcus Cicero 140-43 BCE Natural Law
Hugo Grotius 1583-1645 AD International law, Right to Security and Justice
Thomas Hobbes 1588-1679 AD Social Contract for Security
John Locke 1632-1704 AD Right to life, liberty, health and property
J. J. Rousseau 1712-1778 AD Popular Sovereignty, Against slavery
John Stuart Mill 1806-1873 AD Freedom of speech, government to prevent harm to citizens
Worker’s Rights
Karl Marx 1818-1895 AD
Concept of two liberties
Isaiah Berlin 1909-1997 AD
Right to subsistence, security, personal property
John Rawls 1921-2002 AD
Reclaim for liberation of political thoughts
Robert Nozick 1938-2002 AD
Right to development, social justice
Amartya Sen 1933-
Source: Haas, Michael (2008), International Human Rights, a Comprehensive Introduction, Routledge Taylor and Francis Group: New York
fabrication of bourgeois society in which the individual was separated from his, or her society
rights, which were needed in capitalist states in order to provide protection from state. In the
Marxist view of society, an individual is essentially a product of society and they should be seen in
a rival of relationship, where rights are needed (see Table 1.1). In the light of
twentieth century, the evolution of human rights regime, which has been challenged by neo-natural
law theorist such as John Finnis, Germaine Grisez, Robert George one the one hand but few other
scholars advocate new rights regarding development of human rights regimes on the other hand, on
same ground. Isaiah Berlin (1909-97), was a British philosopher, historian of ideas, who wrote two
concept liberties, in twentieth century. Another philosopher, John Rowls (1921-2002), refers the
idea of social justice in his book ‘A Theory of Justice’ (1971). His core human rights advocacy
includes such as ‘right to subsistence, security, personal property and formal equality before the
law, as well as freedom from slavery, protection of ethnic group against genocide and some
measure of liberty of conscience and right to democratic participation. A furthermore, philosopher
Robert Nozick (1938-2002), influential writing as ‘Anarchy, State, and Utopia’ (1974) wanted to
reclaim for liberation of political thought, and the Lockean version of natural rights theory. In the
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lamp of human rights theories, Indian Economist, Amartya Sen in the twentieth first century, he
was awarded the Noble Prize in 1998 for his contribution to welfare of economics and social choice
theory. His writings, the idea of justice and Development as Freedom, refer new discourses for
human rights movement.
The previous section will grew a light about historical and institutional basis of origin of human
rights. The historical development of human rights can be traced through certain documents that
emerged over time (see Table 1.3). To start with Cyrus the great entered into Babylon in 539 BCE.
And proclaimed, what is known as the ‘Charter of Cyrus’, which has been provided the first human
rights document because the word ‘rights’ specifically appears therein. The text codified few rights
such as religious freedom, cultural toleration, rights against forced labour and rights against slavery
(Haas, 2008: 38).
In the 1215, the king John of England signed on the Magna Carta, which stressed that Monarchs no
longer had absolute power. It was document about democratic change and political participation in
the human rights discourse (Haas, 2008: 41). Then later, the American Bill of Rights, ratified by the
American Congress in 1791. This consisted of the first ten amendments to the constitution. This bill
covers several rights such as freedom of religion, press, assembly, petition, rights to bear arms and
others. Later, in the 1920, the most and perhaps important action of states for promotion of human
rights is establishment of the League of Nations, which committed to promote international
cooperation and to achieve international peace and security. the word ‘human rights’ did not appear
into the covenant one the one hand, but there was few rights such as rights to self-determination,
freedom of religion and conscience, fair and better human condition of labour for men and women,
improvement of health and prevention of disease (Haas, 2008: 65). In the twentieth century, when
WW II was started due to failure of the League of Nations, the major development to human rights
system led to the establishment of the United Nations in 1945. The charter of the United Nations
was the multiple treaty of the postwar era to put human rights in the international affairs.
Table 1.2 the historical origin of human rights
Document Adopted
Charter of Cyrus 539 BCE
Asoka’s edicts 280 BCE
Charter of Liberties 1100 AD
Magna Carta 1215 AD
English Bill of Rights 1689 AD
American Constitution 1787 AD
American Bill of Rights 1791 AD
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The Covenant of the League of Nations 1920 AD
The Charter of the United nations 1945 AD
International Covenant on Civil and political 1976 AD
Rights
International Covenant on Economic, Social
1976 AD
and Cultural Rights
Source: Haas, Michael (2008), International Human Rights, a Comprehensive Introduction, Routledge Taylor and Francis Group: New York
Aspects of the works of the UN in human rights
Today, the UN has created a global structure for protecting human rights, based largely on its
charter, non-binding declarations, and legally binding treaties, International legal and
organizational structure of it, all these work is known as the United Nations Human Rights System.
In the charter’s articles, the subject of human rights has been discussed with long description,
which will discuss in the further section. No doubt by saying, the charter gave inspiration to
worldwide movement of human rights. The UN human rights system has three main component of
its working process: first it establish international standard through its charter, legally binding
treaties, non-binding declarations, agreements and documents as Norms- Creation, second one, it
builds a consciousness among member-states through various activities as consciousness building.
Finally, this mandates special rapporteurs and experts, and groups such as working group,
committees and treaty bodies, as Monitoring to work in various manners for promotion and
protection of it.
Norms-Creations: -Since, the charter was adopted in 1945. The human rights norms did not contain
only into the charter but it starts from the preamble of the charter. For the promotion and protection
of human rights, the preamble can be seen as many important reference. Which states, ‘We the
people of the United Nations, determined to reaffirm faith in fundamental human rights, in the
dignity and worth of the human person… in the equal rights of men and women of nations large
and small, and…..’ (UN Charter, Preamble: 1).
Along with the maintenance of international peace and security, the protection of human
rights is the second original area of responsibility for the United Nations.
Article 1 (3) of the charter states in list of purposes, “promoting and encouraging respect for human
rights, without discrimination as to race, sex, language, or religion.”
Article 13 (1B) of the charter, states, “the General Assembly shall initiate studies and make
recommendation for the purpose of promoting human rights”.
Article 52 of the charter, the responsibility of promotion and protection of human rights has been
given to ECOSOC…”
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Article 55 of the charter, the ECOSOC shall promote higher standard of living, full employment,
and condition of economic and social progress and development; solution of international economic
social, health and related problems and universal respect for human rights and fundamental freedom
for all without discrimination as to race, sex, language, or religion” (UN Charter, Article 55: 11-
12).
Article 56 of the charter refers, “all members pledge themselves to take joint or separate action in
co-operation with the organization for the achievement of the purpose set forth in the article 55.”
Now article 62 of the charter, giving responsibility to ECOSOC for protection of human rights, this
stressed, ‘ECOSOC may make or initiate studies and reports with respect to international economic,
social, cultural, educational, health, and related matters and may make recommendations with
respect to any such matters to the General Assembly to the Members of the United Nations, and to
the specialized agencies concerned’.
Under the provision of article 68 of the charter, ECOSOC will make a recommendation to the
establishment of a commission for promotion of human rights” (UN Charter, Article 76 (3): 14-15).
These norms are found in the charter for the protection of human rights. From the
establishment of the UN, human rights got a ground further research and development in this
context. Three year later, the UN published another draft for the promotion of human rights on
December 10, 1948, that are known as the ‘Universal Declaration of Human Rights’ (UDHR).
Perhaps, the most and popular document pertaining to human rights, that has been considered by all
member-states in 1950s. The day December 10 is celebrated as International Human Rights Day,
every year across the world. The Declaration specifies a common standard of human rights for
members and a number of the UN bodies are responsible for implementing its contents (Haas,
2008: 80-81).
The UDHR contains a preamble with thirty articles in the document. The document stresses
on general principles of the human rights. The most basic principles are as follow:
Right to life, liberty, and security of a person,
Rights to an education,
Rights to employment, paid holidays, and social security,
Rights to full participation in cultural life,
Freedom to torture or cruel, in humane treatment or punishment,
Freedom of thought, conscience and religion,
(UN UDHR Doc. 1948)
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Later in 1970s, there was a need of new rights for welfare of people. In 1967, the UNGA adopted
two covenants as International Covenant on Civil and Political Rights (ICCPR) and International
Covenant on Economic, Social and Cultural Rights (ICESCR), but entered into force in 1976.
Because these treaties were refers to government for formal ratification (Haas, 2008: 82).
Consciousness Building: - the term ‘consciousness’ refers to a variety of aspect of the relationship
between mind and the world in which it interacts. It is kind of awareness, sharing of ideas and
responsive. The UN build up consciousness between members by focusing on human rights, social
justice, ecological sustainability and evolution of awareness of humanity but also maintaining
strategic global alliances and partnership with other inter-governmental actors.
The UDHR was presented to global public in 1948 as a list of goals and recommendation for
promotion and protection of human rights in the relationship among member-states. So responding
to the principle that in the UDHR, twenty three out of the thirty articles were adopted unanimously,
but some countries such as Saudi Arabia objected to the provision on right to Marriage. South
Africa opposed the principle of racial equality. The Soviet Union stressed on greater respect for
state sovereignty and more details regarding economic and social rights, but away from opposition
of member-states, the UN no doubt build a common consciousness of acknowledgement of
countries to implementing the UDHR across the globe (Haas, 2008; 81).
Same case happened in the drafting of the International Covenant on Civil and Political
Rights (ICCPR) and International Covenant on Economic, Social and Cultural Rights (ICESCR). In
1960s, under the pressure of western states the UNGA stared drafting of separate covenant. The
western members of the UN argued that he civil and political rights were legal rights but the
economic, social and culture rights were program rights, because the civil and political rights are
regarded as rights against states, whereas, the economic, social and cultural rights are required
action from states (Haas, 2008: 82). Then, they were refers to member-states for formal ratification,
which took almost ten years for ratification and finally treaties effected into 1976 (see Table 1.2).
Monitoring: - International Human Rights system of the UN were developed an institutional
mechanism for protection of people’s rights against violations by an individual, group or states. The
most prominent institutions are the charter based organs for monitoring mechanism of human
rights; this section looks at main bodies of the UN for protection of human rights, which are
following below: