UNIT-II

INTERNATIONAL HUMAN RIGHTS LAW

 As they are universal and apply to every person, human rights are international in nature.
Human rights legislation primarily pertains to the duties that States have towards the people
under their control.
 International obligations arise when States fail to guarantee the realization of human rights to
the people under their control.
 Human rights duties are therefore mostly intra-national and, in some situations, international
in nature.
 Human rights law exists to guarantee that people are shielded from the excesses of States and
governments.
 A State is required by human rights legislation to refrain from harming its own citizens or any
people who are subject to its territorial jurisdiction.
 Consequently, a State is not permitted to treat its citizens however it sees fit even if it is
sovereign.
 The biggest effect of human rights law has been to diminish the degree of state authority that
existed throughout the classical era.
 Because State Sovereignty, a cornerstone of international law since its founding in the
seventeenth century, proved to be a roadblock in attempts to impose international legal
obligations upon States to protect individuals.
 Human rights issues were seen to be totally within each State's domestic authority and wholly
unsuited for regulation by international law during the nineteenth and early twentieth
centuries, when the theory of State sovereignty persisted.
 The idea of state sovereignty was viewed as being under attack by international human rights.
 The elimination of slavery and the protection of minorities were two significant exceptions to
the aforementioned rule.
 It was also important to consider the founding of the International Labour Organisation in
1919 and its ongoing operations.
 The League of Nations hold the adoption of the International Slavery Convention in 1926.
 Although the League of Nations' Covenant, which was adopted at the end of World War I, was
silent on the subject of human rights, it did promise to uphold the rights of minorities and
subject peoples under the mandate system, which provided support for their political
development.
 The Institute of International Law published a proclamation of the rights of the man against
the State in 1929 as a result of the realization of the value of the human personality.
 Instead of listing human rights, it established six obligations for states, including-
1. To acknowledge that everyone has the right to life, liberty, and property, and to provide
everyone within its borders with complete protection of that right without regards to their
nationality, sex, race, language, or religion.
 2. To acknowledge that everyone has the freedom to freely exercise any faith, religion, or
belief in both public and private.
3. To acknowledge that each person has the right to the free use of the language of his or her
choice as well as the right to taught language to others.
4. To acknowledge that no state deny private or public rights to any of its citizens for any
reason that is directly or indirectly based on gender, race, language, or religion.
5. To understand that the equality as it is envisioned in this document is not merely theoretical;
rather, it is intended to be real.
6. To acknowledge that, other than for reasons based on its general laws, no State shall have
the power to revoke citizenship from persons, due to factors like sex, colour, language, or
religion, it should not deprive of the protections envisioned in this proclamation.
 The declaration did not impose any obligations on the States because it was the members of
the Institute's will.
 However, it established a standard of behavior for all nations towards all men, including their
own citizens. The declaration could be seen as the first step towards making human rights
universal.
 The serious human rights violations in Europe during World War II marked a turning point for
the traditional approach to international law.
 Shocking atrocities against humanity were committed during World War II, and basic human
rights were completely suppressed.
 Germany's Nazi leaders had erected a totalitarian and lawless system. They had brutally
rejected human principles and dignity within the occupied territory.
 They had brutally rejected human principles and dignity within the occupied territory. The
argument in favor of unfettered sovereignty was contested, and many authors held the opinion
that it was subject to some restrictions with regard to human rights and not an absolute
principle.
 At that time, it became clear that one of the prerequisites for the development of global peace
and security is the restoration of individual liberties and rights.
 Human rights violations were seen as a catalyst for international conflict, and the preservation
of human rights was seen as essential to maintaining world peace.
 President Franklin D. Roosevelt's proclamation, which was made on January 6, 1941, called
as ‘Four Freedoms’-
1. Freedom of speech.
2. Freedom of religion.
3. Freedom from want.
4. Freedom from fear.
 Individual well-being was correctly acknowledged as the ultimate objective, which might be
attained through the aforementioned freedoms.
 Even while World War II was still going on, efforts were being undertaken to build an
international organization to bring about peace.
 Before the United Nations formation in 1945, a lot of conferences and meetings were
conducted. The value of human rights was emphasized in numerous declarations that were
accepted by the conferences.
 The Joint Declaration published in the Atlantic Charter, a declaration signed by British Prime
Minister Winston Churchill and American President Franklin D. Roosevelt, on August 14,
1941.
 The Atlantic Charter treasured the dream of a world at peace that would guarantee that every
man might live out his days without fear or lack.
 The word "human rights" was first used in a document that was signed on January 1, 1942 in
Washington, known as the Declaration of the United Nations.
 The Axis Powers' (consisted of Germany, Italy, and Japan, along with Albania, Bulgaria,
Finland, Hungary, Romania, and Thailand) enemies who signed this manifesto understood the
importance of "preserving human rights and justice in our land as well as in other lands."
 When the Declaration said that one of the desired outcomes of the victory against the Axis
was to be the protection of human rights in all countries, it reaffirmed the values of the Atlantic
Charter.
 On October 30, 1943, at the Moscow Conference, a Declaration was adopted that said that
each individual German would be held accountable for any violations of international law.
 On August 8, 1945, they ratified the Agreement for the Trial and Punishment of the Major War
Criminals of the European Axis.
 The question of individual responsibility for war crimes and crimes against humanity was
explicitly highlighted by the Nuremberg Charter.
 The promotion of human rights was only briefly mentioned in the Dumbarton Oaks proposals
as one of the duties of the proposed General Assembly and the Economic and Social Council,
which would function under it.
 With the end of World War II and the establishment of the United Nations, human rights
therefore became a topic of concern for nations around the world.
 Since that time, international human rights law has been developing in a manner that is
unprecedented and has become a very substantive part of international law. The different UN
agencies and intergovernmental groups safeguard human rights even though there isn't a single
global government to do so.
 The branch of international legislation known as international human rights law (IHRL) aims
to advance human rights at the social, regional, and national levels.
 International human rights law is primarily composed of treaties, which are agreements made
between sovereign governments and designed to have legal force between the parties that have
agreed to them, as well as customary international law.
 While not having legal force, other international human rights instruments support the
application, comprehension, and advancement of international human rights legislation and
have been acknowledged as a source of political obligation.
 Despite the fact that the two areas of law are complementary and occasionally overlap,
traditionally, international human rights law is seen as distinct from international humanitarian
law (law of war or law of armed conflict), which governs a state's behavior towards its citizens
in times of armed conflict.
 IHL, or international humanitarian law, is a function of international human rights law and
includes general standards that apply to everyone at all times as well as specialized standards
that apply to specific situations like armed conflict involving both state and military
occupation or to specific groups of people including refugees (e.g., the 1951 Refugee
Convention), children (the Convention on the Rights of the Child), and prisoners of war (the
1949 Third Geneva Convention).
HUMAN RIGHTS AND UNITED NATIONS
 The League of Nations was replaced by the UN, which was created after World War II with
the goal of averting future global conflicts.
 50 nations gathered in San Francisco for a summit on April 25, 1945, and began drafting the
UN Charter, which was approved on June 25, 1945.
 When the UN started functioning on October 24, 1945, the charter went into effect.
 According to the organization's charter, its goals include respecting international law,
defending human rights, giving humanitarian help, and upholding international peace and
security.
 The UN had 51 members at its founding but by now, 193 sovereign states have joined it.
 Many delegates at the San Francisco Conference advocated for the UN to create an
international bill of rights.
 Even though that was impossible, the members were well aware that the international
community should work together to end the scourge of war, and as a result, they were
determined that the promotion and respect for human rights, which are currently so significant
and prominent, be incorporated into the U.N. Charter.
 As a result, the Preamble, Articles 1, 13(1)(b), 55, 56, 62(2), 68, and 76(c) of the Charter
included the following provisions for the advancement of human rights and basic freedoms-
1. The Preamble of the Charter states that- 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 and of nations large and small.
2. According to Article 1 (Purpose of United Nations) of the Charter, one of the goals of the
United Nations shall be to achieve international cooperation in promoting and supporting
respect for fundamental freedoms and human rights for all without distinction on the basis of
race, sex, language, or religion. It signaled the beginning of human rights' universal and
worldwide recognition.
3. The role of implementing the promotion of human rights and fundamental freedoms was
delegated to the General Assembly and the Economic and Social Council. According to
Article 13 (Chapter IV General Assembly) , the General Assembly has the authority to
conduct studies and offer suggestions in order to support the fulfilment of fundamental
 freedoms and human rights for all people without regard to their race, sex, language, or
religion.
The Third Committee of the Assembly (Social, Humanitarian, and Cultural Committee) is
responsible for debating the majority of human rights-related matters, but other matters may
be referred to other committees, such as the Sixth Committee (Legal), the First Committee
(Political and Security), or the Special Political Committee.
In order to address concerns pertaining to particular human rights, the Assembly has also
formed subsidiary bodies, such as the Special Committee on Decolonization, the Special
Committee on Apartheid.
4. According to Article 55 (Chapter IX International and Economic Cooperation), the UN
shall work to advance the following-
a. Higher living standards, full employment, and conditions for economic and social progress
and development.
b. Solutions to global issues relating to the economy, society, and health.
c. International cooperation in the arts and in education.
d. Universal respect for and observance of human rights and fundamental freedoms for all
without distinction based on race, sex, language, or religion.
5. According to Article 56, the United Nations' members agreed to cooperate with the
Organization to take both joint and individual action in order to fulfil the goals outlined in
Article 55.
6. The Economic and Social Council was given the authority to "make recommendations for the
purpose of promoting respect for, and observance of, human rights and fundamental freedoms
for all" under Article 62 (Chapter X The Economic and Social Council) of the Charter.
7. Article 68 instructed the Council to establish commissions in the sectors of economics, social
policy, and human rights advocacy, as well as any other commissions that may be necessary
for the Council to carry out its duties.
The subsidiary organizations of the Economic and Social Council are the Commission on
Human Rights and the Commission on the Status of Women.
8. One of the fundamental goals of the trusteeship system, according to Article 76 (c) (Chapter
XII International Trusteeship System), is to promote respect for fundamental freedoms and
human rights for all people without regard to their race, sex, language, or religion. It also aims
to promote understanding of the interdependence of all peoples.
 In addition to the aforementioned clauses, the concept of "fundamental human rights," "the
dignity and worth of the human person," "equal rights," "justice," "social progress," and
"fundamental freedoms" have all been mentioned numerous times in the Charter.
 The right of peoples to self-determination was included in three Chapters of the Charter.
 The aforementioned Charter clauses make it very obvious that how a State treats its own
population is a topic of concern on a global scale.
 By gaining their own rights, people grew to be the center of attention on a global scale.
 All member States are obligated to encourage the upholding of fundamental human rights
without discrimination.
 It was the Charter that had previously become universalized in the sense that national
governments had generally accepted certain rights.
 Due to their importance for maintaining international peace and security as well as the fact
that they were seen as one of the means of attaining greater unity amongst the States, their
acknowledgment and further realization were deemed important.
 Thus, respect for human rights is a crucial component of the peace, justice, and well-being
required for the growth of amicable ties among states.

Protection of Human Rights by United Nations

 One of the goals of the United Nations is to promote and encourage the respect for and
observance of human rights and fundamental freedoms.
 Seven times in the United Nations Charter, the phrase "promotion of human rights" is used
but "protection of human rights" is never mentioned.
 The word "promotion of human rights" may refer to establishing global standards for human
rights, as well as to outreach and education.
 According to the U.N. Charter, the General Assembly, the Economic and Social Council and
its subsidiary body, the Human Rights Council, are in charge of promoting human rights.
 By ratifying treaties, the General Assembly has established norms and encouraged
socialization to those norms.
 Promotion of human rights also includes holding conferences and seminars to educate people
worldwide about the principles of human rights outlined in these international agreements.
 Only the Security Council and the International Court of Justice have the authority to take
enforcement action among the UN agencies and they are the only ones who can enact a binding
resolution or issue a binding ruling.
 The following are some of the ways that the United Nations has in the past been able to
promote and protect human rights-
1. Human Rights Awareness
 The United Nations' initial and most significant contribution has been to raise awareness of
fundamental freedoms and human rights among the general public and among States.
 It has accelerated the process of defining minimal criteria of proper conduct for States.
 As the first step in promoting and protecting human rights, the Universal Declaration of
Human Rights, which contains the fundamental set of rights, was officially adopted.
2. Making the Law of Human Rights codified
 By creating treaties for all groups of people, including women, children, migrant workers,
refugees, and stateless people, the United Nations has codified various rights and freedoms.
 In addition to the aforementioned, the international rule of law now forbids the commission
of inhuman actions like torture, racial discrimination, apartheid, and genocide.
3. Human rights surveillance
 The Commission on Human Rights' Working Groups and treaty bodies have established
procedures and mechanisms for vetting convention conformity and looking into claims of
human rights violations.
 Under specific treaties, a variety of expert panels have been created. They operate
independently and are not UN subsidiary organs.
 "U.N. Treaty Organs" is the name given to the Committees. Few Governments are willing to
ignore the moral weight that their decisions on particular circumstances bear.
4. Complaints Procedure for Individuals
 Many human rights treaties provide for petitions to be made before the relevant international
bodies.
 The International Convention on the Elimination of All Forms of Racial Discrimination, the
Convention Against Torture, the Convention on the Elimination of Discrimination Against
Women, the Optional Protocol to the Rights of the Child on a Communication Procedure, and
the Convention on the Protection of the Rights of All are a few examples.
 Additionally, in accordance with protocols established by the Human Rights Council, the Sub-
Commission on the Promotion and Protection of Human Rights (previously known as the Sub-
Commission on Prevention of Discrimination and Protection of Minorities) and their Working
Groups receive a large number of complaints each year from both private citizens and non-
governmental organizations (NGOs).
 The Human Rights Council has the power to analyze data from individuals, NGOs, and other
sources, as well as to discuss human rights problems wherever in the world.
 People and non-governmental organizations (NGO) were permitted to make a communication
to the Commission about "situations which appear to reveal a consistent pattern of violations
of human rights and fundamental freedoms" under the 1970 Economic and Social Council
resolution 1503, commonly known as the "1503 Resolution."
5. Examining Current Human Rights Situations
 In order to improve the human rights circumstances, the Human Rights Council developed the
Universal Periodic Review (UPR) system, which entails a review of the human rights records
of all United Nations member States.
 To complete the UPR, a state's human rights record must be evaluated, and any abuses of
human rights must be addressed.
6. Coordination of Human Rights Activities
 In order to improve the coordination and impact of UN Human Rights initiatives, the position
of High Commissioner for Human Rights was established in 1993.
 He is responsible for encouraging and defending the effective exercise of all human rights and
for fostering ongoing communication with the member States.
7. By delivering consulting services
  Governments looking to improve their handling of human rights might seek advice from the
High Commissioner for Human Rights.
 A constitution may be drafted with assistance, and electoral laws may be improved. create or
improve human rights institutions, create new criminal laws, or reform the legal system.
 Through the Universal Periodic Review Working Group, the Human Rights Council may also
offer technical assistance to States, enhancing their ability to successfully address human
rights issues.
8. The Security Council's enforcement action
 If it advises that abuses of human rights in a State are likely to undermine international peace
and security, the Security Council of the United Nations may take enforcement action in
accordance with Chapter VII of the Charter.
 Therefore, the authoritative application is enforcement. The aforementioned facts show that
the United Nations has been successfully carrying out a number of tasks to promote and
safeguard human rights as well as to develop a worldwide culture of human rights through
awareness-raising and education.
 However, it must be acknowledged that the U.N.'s operations have had an indirect and long-
lasting impact on international human rights issues.
 Forces of repression, ethnic hatred, and exploitation continue to pose a threat to individuals'
fundamental rights to life, liberty, and physical security, as well as the right to health, housing,
and employment.
 The UN needs to be more proactive in the face of these difficulties. In circumstances of severe
human rights violations, it must step in.
 To reinforce the commitments to promoting and defending human rights, it must cooperate
with the member states.

HUMAN RIGHTS BODIES UNDER THE U.N. SYSTEM

 The UN system has a variety of organizations in place to support and defend human rights.
 The Commission on Human Rights, which was established by the Economic and Social
Council and endorsed by the General Assembly on February 16, 1946, was the earliest and
most significant human rights organization.
 The General Assembly replaced the Commission in March 2006 with the Human Rights
Council.
 The Economic and Social Council was advised by the Resolution to ask the Commission to
wrap up its work at its sixty-second session.
 As a result, the Commission ended the aforementioned session on March 26, 2006, capping 60
years of service to the advancement and defense of human rights.
 The Human Rights Council also took on the responsibilities of another human rights
organization in 2006 as The Sub-Commission on Promotion and Protection of Human Rights,
which was formed on June 21, 1946 under the authority of ECOSOC.
 The following are now the significant human rights organizations recognized under the United
Nations Charter:-
1. Office of The United Nations High Commissioner for Human Rights (OHCHR)
 Following the 1993 World Conference on Human Rights, the General Assembly established
the Office of the United Nations High Commissioner for Human Rights on December 20, 1993.
 On September 15, 1997, the Centre for Human Rights and the Office of the United Nations
High Commissioner for Human Rights merged.
 The aforementioned change was implemented in response to the Vienna Conference on Human
Rights in 1993, which emphasized the need for a robust institutional framework to be put in
place in order to effectively promote and safeguard human rights.
 It has offices in many countries all around the world, including New York and main office at
Geneva.
 Composition- A High Commissioner is chosen by the UN Secretary General to lead the
OHCHR serves in that position, but the General Assembly has to approve name.
 He must be a person of great moral character and integrity, with knowledge of human rights
and an appreciation for many cultures. Geographic rotation is taken into consideration.
 The High Commissioner will hold the position of undersecretary-general for a duration of four
years.
 On September 1, 2018, Chile's Michalle Bechlet was appointed High Commissioner for a
period of 4 years.
 OHCHR's actions is under the control of the High Commissioner for Human Rights.
 The position of High Commissioner, he or she carries out the specific duties designated by the
General Assembly.
 The General Assembly has delegated the following specific duties in accordance with the
aforementioned resolution-
1. To promote and preserve the effective enjoyment of all civil, cultural, economic, political,
and social rights by all people, including the right to development.
2. To offer States that seek it advising services, technical help, and financial support in the area
of human rights.
3. To coordinate UN public education and awareness campaigns in the area of human rights.
4. To take a proactive role in removing barriers to the full enjoyment of human rights and in
halting further abuses of those rights around the world.
5. Having a conversation with governments to ensure that human rights are respected.
6. To improve collaboration for the advancement and defence of human rights.
7. To support efforts to defend and promote human rights across the whole UN system.
8. To increase the efficiency and effectiveness of the United Nations' human rights system by
rationalizing, adapting, strengthening, and streamlining it.
 An Assistant Secretary-General who reports to the High Commissioner oversees the OHCHR's
New York Office, which is housed at the headquarters.
 The High Commissioner is represented by the Assistant Secretary-General in a variety of
capacities, including in meetings of decision-making bodies and with permanent missions of
Member States.
 The OHCHR carries out the following duties-
1. The OHCHR works to advance the universal exercise of all human rights by putting the desire
and resolve of the international community as stated by the UN into action.
2. The Office takes the lead on matters relating to human rights and underlines the significance
of such rights on a national and international scale.
3. The Office encourages global human rights collaboration.
4. The Office promotes and organizes human rights initiatives across the United Nations system.
5. The Office works to have international norms ratified and followed worldwide.
6. The Office supports the creation of new standards.
7. The Office assists treaty and human rights monitoring organizations.
8. The Office takes action when significant human rights breaches occur.
9. The Office conducts human rights prevention.

2. Human Rights Council

 Promoting and defending human rights all over the globe is the responsibility of the United
Nations Human Rights Council (UNHRC).
 The Council is made up of 47 members who were chosen by their regional groups to serve
staggered three-year terms.
 The United Nations Office in Geneva, Switzerland, is where the Council's headquarters are
located.
 The Council addresses thematic human rights issues like freedom of association and assembly,
freedom of expression, freedom of belief and religion, women's rights and the rights of racial
and ethnic minorities.
 It also looks into claims of human rights violations in UN member states.
 The United Nations General Assembly formed the Council on March 15, 2006 to take the role
of the United Nations Commission on Human Rights.
 The Council utilizes the United Nations special processes and collaborates closely with the
Office of the High Commissioner for Human Rights (OHCHR).
 Composition- The 47 Human Rights Council members are chosen by the members of the
General Assembly.
 Each seat has a three-year tenure, and no member may hold a seat for more than two terms in
a row.
 53 people were elected to the prior CHR by the Economic and Social Council (ECOSOC) using
a majority of those in attendance and voting.
 The Council's Membership is based on equitable geographical distribution. Seats are
distributed as follows-
1. African States: 13 seats
 2. Asia-Pacific States: 13 seats
3. Latin American and Caribbean States: 8 seats
4. Western European and other States: 7 seats
5. Eastern European States: 6 seats
 Three times a year, in March, June, and September, the UNHRC meets regularly.
 At the request of one-third of the member states, the UNHRC may choose to call a special
session at any moment to discuss emergencies and human rights breaches.
 Mechanism of UNHCR-
 Universal Periodic Review (UPR)- The purpose of the Universal Periodic Review (UPR) is
to evaluate the state of human rights in each UN member state.
 The review will give each State the chance to outline the steps they have made to strengthen
the human rights environment in their nations and address obstacles to the exercise of such
rights.
 The ultimate objective of UPR is to significantly enhance the state of human rights in every
nation for users all across the world.
 To do this, the UPR evaluates each State's record on human rights and addresses abuses
wherever they occurred.
 It also strives to give States technical help and improve their ability to effectively address
human rights issues.
 Advisory Committee- The Council's "think tank" is the advisory committee, which offers
knowledge and suggestions on a variety of thematic human rights concerns.
 The Sub-Commission on the Promotion and Protection of Human Rights was superseded by
the Advisory Committee.
 The Committee's initial meeting took place in August 2008. The Committee is made up of 18
impartial specialists from different parts of the world.
 Experts are chosen by governments and the council for a three-year term and are eligible for
one re-election.
 Advisory Committee provides-
1. Expertise in the shape and manner sought by the Council is provided by the Advisory
Committee. It largely concentrates on studies and research-based recommendations.
2. To submit ideas for new research proposals to the council for consideration and approval.
3. Put its recommendations into action with regard to the matters that fall under its purview.
 Complaint Procedure- The complaint process enables people and organizations to alert the
Council about human rights breaches.
 On June 18, 2007, the Human Rights Council adopted a resolution to establish a complaint
system with the aim of addressing persistent trends of flagrant violations of all human rights
and basic freedoms that may occur anywhere in the world.
 The complaint process deals with communications made by people, organizations, or non-
governmental groups who assert to be the victims of human rights breaches or who have
firsthand, trustworthy information of such violations.
 Two Working Groups are responsible for carrying out the Complaint Procedure's duties: the
Working Group on Communications (WGC), which is composed of five independent, trained
specialists, and the Working Group on Situations (WGS), which also has five members.
 They review letters and submit them to the Human Rights Council.
 UN Special Procedures- These are made up of special representatives, independent experts,
and working groups who monitor, study, advise, and publicly report on a variety of topics,
including the state of human rights in certain nations.
 The Human Rights Council established the Special Procedures as a vehicle to address either
individual nation problems or global issues on a particular theme.
 With the help of OHCHR, the Special Procedures carry out country visits, respond to specific
cases and issues of a more general, structural nature by sending communications to the States
involved, carry out thematic studies, and hold expert consultations.

3. Commission on the Status of Women

 A functional commission of the United Nations Economic and Social Council (ECOSOC), one
of the main UN bodies, is the Commission on the Status of Women (CSW or UNCSW).
 CSW serves as the UN agency promoting women's empowerment and gender equality.
 Each year, officials from Member States assemble at the UN headquarters in New York to
assess the status of gender equality, identify obstacles, establish international benchmarks, and
create specific policies to enhance women's rights throughout the world.
 Formed on 21 June 1946.
 Members are chosen for tenure of four years.
 One representative from each of the 45 Member States makes up the CSW, which has 13
members from Africa, 11 from Asia, 9 from Latin America and the Caribbean, 8 from Western
Europe and other States, and 4 from Eastern Europe.
 These representatives are chosen by the ECOSOC based on an equitable geographical
distribution.
 In 1947, the Commission met for the first time. The Commission meets every two years in
Vienna to review the progress made by women worldwide towards equality.
 Its main duty is to prepare reports and suggestions for the Economic and Social Council
regarding the advancement of women's rights in the political, economic, social, and educational
spheres.
 It provides advice to the Council on issues pertaining to women's rights that need to be
addressed.
 In order to implement these recommendations and advance the status of women in law and
practice, it also creates and draughts proposals.

Implementation and Monitoring of Human Rights

 The system of global human rights protection must be put into action if it is to be effective.
However, a number of factors make the protection of human rights at the international level a
challenging issue.
 Only States are permitted to use the International Court of Justice and implies that people can't
contact the Court directly. Because of this, it has consistently declined to consider the petitions
and pleas that people have frequently addressed to it.
 Only a small number of States have given their assent for cases concerning human rights to
come under the jurisdiction of the International Court of Justice.
 Even in the rare instances where the International Court is able to impose sanctions on a State
for violating human rights, there is no international police to uphold the Court's rulings.
 Certainly, if the aggrieved party brings the matter before the Security Council, it has the
authority to enforce the Court's decisions against a party who has disobeyed a ruling by the
Court.
 However, the Security Council is seen as a political body, and its recommendations
occasionally have political undertones.
 The Council loses the ability to take any action against a State that has disobeyed a court order
if the veto barrier is not overcome.
 Many States continue to view the implementation of human rights as an intrusive act, despite
the International Law of Human Rights having encouraged a rising political and legal backing
for their protection.
 A State's domestic law must offer an efficient method of redress for transgressions of its
international obligations in the area of human rights.
 The strength of international human rights law is still insufficient to hold states accountable for
abuses of those rights.
 Nevertheless, a number of international organizations have been keeping an eye on and
addressing cases of human rights violations.
 To keep track of human rights infractions, a number of committees, working groups, and
special rapporteurs have been established.
 The following two categories can be used to broadly categorizes monitoring mechanisms:-
1. Conventional Mechanism
 At least nine fundamental human rights agreements have established committees tasked with
ensuring that States parties uphold their obligations which are as follows-
a. Human Rights Committee (HRC) by the International Covenant on Civil and Political
Rights (ICCPR).
b. Committee on Economic, Social and Cultural Rights (CESCR) by the International
Covenant on Economic, Social and Cultural Rights (ICESCR).
c. Committee on the Elimination of Discrimination Against Women (CEDAW) by the
Convention on the Elimination of All Forms of Discrimination Against Women.
d. Committee Against Torture (CAT) by the Convention Against Torture and other Cruel,
Inhuman and Degrading Treatment or Punishment.
 e. Committee on the Rights of the Child (CRC) by the Convention on the Rights of the Child.
f. Committee on the Racial Discrimination (CRD) by the Convention on the Elimination of
All Forms of Racial Discrimination.
g. Committee on the Rights of All Migrant Workers and Members of Their Families (CMW)
by the Convention on the Protection of the Rights of All Migrant Workers and Members of
Their Families.
h. Committee on the Rights of Persons with Disabilities by the Convention on the Rights of
Persons with Disabilities.
i. Committee on the Protection of All Persons from Enforced Disappearance.
 The aforementioned Committees keep an eye on the State's compliance with its commitments
by engaging in discussion with the representatives of each of the State's parties based on a
thorough report- an initial report followed by subsequent reports at intervals of roughly four to
five years.
 The main results of this process are the transcript of the debate that ensued and the Committee's
own description of the essential topics, which give each member or the Committee as a whole
the chance to express how much they believe the State Party is in compliance or not.
 Some of these Committees, like the HRC, CEDAW, CAT, CRD, and CMW, deal with
complaints from people alleging that the treaty in question has violated their rights, and other
Committees, like the CMW, deal with inter-State disputes.

2. Extra Conventional Mechanism

 The Human Rights Council has been formed as the most significant vehicle for protecting
human rights in addition to treaty mechanisms.
 The Human Rights Council's special procedures are ad hoc in character, which enables a more
adaptable reaction to grave human rights abuses than the treaty bodies.
 As Special Rapporteurs, Representatives, or independent experts, experts entrusted with
specific human rights mandates act in their individual capacities.
 A working group is dispatched when a mandate is handed to numerous experts.
 These specialists investigate, keep tabs on, and submit reports to the Commission on either
global phenomena that seriously violate human rights across the globe or human rights
situations in particular nations and territories.
 The rapporteur and group activities include gathering information, requesting government
comments on information pertaining to laws or official procedures, and providing information
to governments for clarification about urgent matters that fall under their purview.
 Each rapporteur's or group's yearly report includes details on all of the aforementioned
activities, summaries of correspondence, minutes of meetings with information sources and
governments, as well as general analysis and suggestions.
 The monitoring tools listed above demonstrate that some of them are related to overall
conditions in a nation and others are related to specific complaints.
 While some are focused on general human rights issues, others are more focused on particular
kinds of violations.
 It is important to note that the various monitoring mechanisms adopted by the Human Rights
Council and earlier by the Commission on Human Rights have not been very effective in
stopping the human rights violations that have been occurring in different parts of the world.
 Therefore, it would not be incorrect to say that while the U.N. regime is a strong one for
promotion, it has weak monitoring procedures.

INTERNATIONAL BILL OF RIGHTS

 The Atlantic Charter (1941) and the United Nations Declaration (1942) both thought of the idea
of protecting human rights and fundamental freedoms.
 Latin American States, in particular, requested that the San Francisco Conference discuss an
international bill of human rights when the United Nation founders gathered there in 1945 to
draught the Charter of the Organization.
 But, lack of time and the Super Power's disinterest in specific legal obligations and international
action on human rights prevented the preparation of a detailed list of rights.
 However, many participants came to the realization that supporting human rights ought to be a
responsibility of the international community.
 As a result, the Charter included a number of generic and ambiguous clauses for the
advancement and defence of human rights and basic freedoms.
 The implementation of the principles of the respect for human rights and fundamental freedoms
for all without distinction as to race, sex, language, or religion, as set forth in Article 55 of the
U.N. Charter, became the most crucial task that lay before the organization after the United
Nations Charter entered into force.
 The Economic and Social Council explicitly agreed in 1946 that the only way the United
Nation’s goal of promoting and upholding human rights could be achieved was if an
international bill of rights was established.
 In order to do this, it was agreed to design an international bill of rights. The Economic and
Social Council was given this problem by the General Assembly to study by the Commission
on Human Rights.
 The goal to build a comprehensive system for the promotion and protection of human rights
served as the motivation for the Commission on Human Rights mandate.
 A committee known as the Drafting Committee was established by the Commission in January
1947 to work on the Bill of Rights draft.
 The Economic and Social Council also set down the procedure for creating the draught of the
International Bill of Rights.
 A draft of the International Bill of Rights was developed by the Drafting Committee at its First
Session and was reviewed by the Commission on Human Rights during its Second Session,
which took place from December 2 to December 17, 1947.
 However, due to disagreements over its structure and content, the Commission decided to refer
to a number of drafted documents as the "International Bill of Human Rights" and set up three
working groups.
 Therefore, the Commission decided to simultaneously draft two sets of documents, namely a
draft declaration that would include a statement of general principles on human rights and a
draft convention that would focus on those specific rights that could give rise to legally
binding obligations.
 Along with the two documents mentioned above, the Commission also wrote a memo on the
subject of implementation.
 The International Declaration on Human Rights, the International Covenant on Human Rights,
and the Measures for Implementation are the three documents.
 Together, they would make up the Universal Declaration of Human Rights.
 The Commission set up three working groups to draft the texts on these subjects.
 The Commission opted not to act on any specific principles or proposals contained in the report
of implementation while taking into account the Working Groups' report as well as the draft
declaration and covenant in considerably less depth.
 Two international covenants were later adopted in 1966 to codify the two sets of rights listed
in the Universal Declaration of Human Rights, which had been adopted in 1948.
 In 1976, the International Covenant on Civil and Political Rights as well as the International
Covenant on Economic, Social, and Cultural Rights both became operative.
 The Universal Declaration of Human Rights, the Optional Protocols, and the two International
Covenants make up the International Bill of Human Rights.
 As a result, the term "International Bill of Human Rights" refers to these important international
treaties. These texts served as the building blocks for subsequent treaties and declarations.
 Various human rights treaties provide further clarification of the fundamental freedoms and
rights found in the International Bill of Human Rights with regard to topics like sex violence
against women, genocide, humanitarian law, the administration of justice, social development,
and religious tolerance.
 The information above demonstrates unequivocally how international human rights legislation
has evolved since World War II and how it has assimilated into international law as a whole.
 The International Bill of Human Rights is a turning point in the history of human rights, a real-
life Magna Carta indicating that humanity has reached a crucial stage in its development and
the conscience realization of human value and dignity.
 Many States’ national courts have frequently referenced the Bill's guiding principles in their
rulings.

UNIVERSAL DECLARATION OF HUMAN RIGHTS

 The Drafting Committee which was selected by the Commission on Human Rights in
consultation with the governments, drafted the Declaration.
 The Declaration's whole draft was redone by the Committee.
 At its Third Session in June 1948, the Commission discussed the Drafting Committee's report
and ultimately decided to adopt a draft of the Declaration for submission to the Economic and
Social Council.
 Without a vote, the Council approved a resolution and presented it to the General Assembly.
 On December 10, 1948, the General Assembly endorsed it (after the Third Committee's review)
through a resolution known as the Universal Declaration of Human Rights.
 With 48 votes in favor and 8 against, the motion was passed without a single dissenting vote.
 It contains preamble and 30 Articles under its text.
 Preamble-
 By adding the phrase "whereas recognition of the inherent dignity and of the equal and
inalienable rights of all members of the human family is the foundation of freedom, justice,
and peace in the world," the Universal Declaration contained natural law language.
 With this Declaration constantly in mind, every person and every organ of society should work
to promote respect for these rights and freedoms through teaching and education, as well as by
taking progressive national and international actions.
 Also, to ensure their universal and effective recognition and observance, both among the people
of Member States themselves and throughout the world.
 The Preamble only declares the Declaration to be a universal benchmark of success for all
people and all nations.
 It should be noted that the Preamble was amended to include the phrase "common standard of
achievement for all people and for all nations" because the majority of people at the time were
denied their basic human rights because they were living under colonial rule and were subject
to authoritarian governments that still oppressed them.
 Rights in the Declaration-
 There are 30 articles in the Universal Declaration and it listed all of the fundamental postulates
and principles of human rights.
1. Civil and Political Rights
 The civil and political rights that have received widespread global recognition are covered in
Articles 2 through 21.
 Article 2 states that everyone is entitled to all the rights and freedoms set forth in this
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.
 These are listed below-
1. Article 3- Right to life, liberty and security of persons.
2. Article 4- Freedom from slavery or servitude.
3. Article 5- Prohibition against torture, inhuman or degrading treatment or punishment.
4. Article 6- Recognition as a person before the law.
5. Article 7- Equality before the law and equal protection of the law without any
discrimination.
6. Article 8- Effective remedy before the national tribunals.
 7. Article 9- Freedom from arbitrary arrest, detention or exile.
8. Article 10- Right to a fair and public hearing by an independent and impartial tribunal.
9. Article 11- Presumption of innocence until proved guilty in a public trial with all guarantees
necessary for defence in criminal cases.
10. Article 12- Right to privacy, family, home and correspondence.
11. Article 13- Right to freedom of movement and residence within the borders of a State.
12. Article 14- Right to seek and to enjoy in other countries asylum from persecution.
13. Article 15- Right to a nationality.
14. Article 16- Right to marry and to found a family.
15. Article 17- Right to own property.
16. Article 18- Right to freedom of thought, conscience and religion.
17. Article 19- Right to freedom of opinion and expression.
18. Article 20- Right to freedom of peaceful assembly and association.
19. Article 21- Right to participate in the government of his country.

2. Economic and Social Rights

 Articles 22 to 27 of the Declaration deal with economic and social rights which are as
follows-
1. Article 22- Right to social security.
2. Article 23- Right to work and free choice of employment.
3. Article 24- Right to rest and leisure.
4. Article 25- Right to a standard of living adequate for the health of himself and of his
family.
5. Article 26- Right to education.
6. Article 27- Right to participate in cultural life.

Legality of UDHR
 One of the earliest significant accomplishments of the United Nations in the area of human
rights was the Universal Declaration, also known as the Magna Carta of rights.
 The Declaration established a benchmark of success for the global community. It
acknowledged the intrinsic worth and unalienable rights of every person in every country.
 The Declaration mentions a number of norms that constitute human rights, and these norms
are universal, indivisible, interdependent, and linked. Regardless of their social, political, or
economic systems, States have a responsibility to advance and defend human rights.
 Therefore, the Declaration's explicit impact was to encourage States to set up a system and
processes for the preservation of human rights in the future.
 States were not immediately obligated to defend them by a legal agreement. The member
states of the United Nations did agree on a meaning of Article 55 that was substantially more
explicit because the Declaration is an authoritative expression of the meaning of Article 55 of
the U.N. Charter, which is law.
 The Declaration did not place any legal responsibilities on the States to implement its
provisions because it was not meant to be legally enforceable.
 In other words, the Declaration was not strictly binding on the States from a legal standpoint;
it was merely a recommendation.
 All people have human rights listed in the Declaration. They are universal to all cultural
interactions and flexible enough to fit into a wide range of social structures.
 In other words, it has made human rights global, but due to political, economic, and societal
constraints, they are not generally acknowledged. The target for this century will be "All rights
for all people in all countries.”
 The human rights movement must ensure that this objective is attained by all methods and
across all obstacles.
 Three things about the Declaration are flawed. Firstly, it is a U.N. suggestion to States rather
than a law that is binding on States. Additionally, some of its clauses are as broad-ranging as
Article 55 of the U.N. Charter.
 Thirdly, the Declaration provided only State goodwill as a vehicle of implementation.
Theoretically, suggestions for amending the Universal Declaration of Human Rights may be
made because human concepts of rights change over time, and there is no reason to think that
the current ideas and standards will remain unchanged from those of the twentieth century, or
the period when the Declaration was adopted.
 However, the Declaration concluded the transition of international law's substantive standards
for human rights from state law. It wouldn't be out of place to say that the foundation of all
U.N. initiatives pertaining to human rights is the Universal Declaration of Human Rights.

Influence of UDHR
 Human's brains have been profoundly impacted by the Declaration. It is a major declaration
of the international community's commitment to upholding human rights as an objective that
should be attained by all people and all countries.
 It conveys a message of empowerment, liberation, and equality. It is a message to everyone
who is dedicated to world peace, justice, and freedom.
 It has served as both the United Nations' motivation and the foundation for its efforts to
develop the standard-setting process as outlined in several international human rights accords.
 It served as the inspiration for several declarations and international agreements reached under
the aegis of the United Nations and specialized agencies.
 The General Assembly's resolutions commonly use the Declaration as a whole or various
articles as justification for the United Nations' actions.
 The Declaration has also been mentioned in the preambles of the regional treaties for the
protection of human rights. The human rights treaties actually have a foundation that was
established by the Declaration.
 Its guidelines have also affected a number of country constitutions, laws, rules, and policies
that defend basic human rights.
 These domestic manifestations may make explicit mention of or incorporate elements from
the Universal Declaration.
 In defense of judicial rulings that upheld a specific right recognized by domestic constitutions
or laws, the Declaration is frequently invoked.

Articles of UDHR

Articles Marginal Head

Article 1 Right to Equality
Article 2 Freedom from Discrimination
Article 3 Right to Life, Liberty, Personal Security
Article 4 Freedom from Slavery
Article 5 Freedom from Torture and Degrading Treatment
Article 6 Right to Recognition as a Person before the Law
Article 7 Right to Equality before the Law
Article 8 Right to Remedy by Competent Tribunal
Article 9 Freedom from Arbitrary Arrest and Exile
Article 10 Right to Fair Public Hearing
Article 11 Right to be Considered Innocent until Proven Guilty
Article 12 Freedom from Interference with Privacy, Family, Home and
Correspondence
Article 13 Right to Free Movement in and out of the Country
Article 14 Right to Asylum in other Countries from Persecution
Article 15 Right to a Nationality and the Freedom to Change It
Article 16 Right to Marriage and Family
Article 17 Right to Own Property
Article 18 Freedom of Belief and Religion
Article 19 Freedom of Opinion and Information
Article 20 Right of Peaceful Assembly and Association
Article 21 Right to Participate in Government and in Free Elections
Article 22 Right to Social Security
Article 23 Right to Desirable Work and to Join Trade Unions
Article 24 Right to Rest and Leisure
Article 25 Right to Adequate Living Standard
 Article 26 Right to Education
Article 27 Right to Participate in the Cultural Life of Community
Article 28 Right to a Social Order that Articulates this Document
Article 29 Community Duties Essential to Free and Full Development
Article 30 Freedom from State or Personal Interference in the above Rights

Universal Declaration as Customary International Law

 Customary international law is the consequence of widespread and consistent behavior on the
part of States, which they uphold out of a sense of duty.
 The Universal Declaration was adopted with the understanding that States would not be
subject to any legal duties as of the time of adoption.
 When the Declaration was adopted, Eleanor Roosevelt, the chairman of the U.N. Commission
on Human Rights, told the General Assembly- "It is of primary importance that we keep
clearly in mind the basic character of the document as we give our approval to the Declaration
today."
 It is neither a treaty nor an international pact. It does not represent or claim to represent a
statement of law or of legal obligation.
 It is a statement of fundamental human rights and freedoms that will be endorsed by the
General Assembly through a formal note from its members and serve as a benchmark for
success for all peoples of all countries.
 The Declaration has been cited so frequently both inside and outside the United Nations that,
despite the authors' intentions, some of its provisions have become part of international law
and are, as a result, enforceable by all States.
 This assertion is based on widespread acceptance and common legal opinion. The fundamental
relevance of a standard having a customary nature is that it binds States who are not signatories
to the documents outlining it.
 Given the lack of State practise, it is challenging to accept the idea that the Universal
Declaration as a whole has evolved into a customary rule of international law.
 One will, however, concur that the following elements of the Declaration do in fact represent
customary international law-
1. Right to Equality- The fundamental rights to equal treatment and non-discrimination with
regard to unalienable human rights are stated in Articles 1, 2, and 7 respectively.
2. Prohibition Against Torture- It is generally accepted that Article 5 of the Declaration's
prohibition against "torture or cruel, inhuman, or degrading treatment or punishment" is an
established principle of international law.
 The International Court of Justice acknowledged that the prohibition of torture is "part of the
customary International Law" and has evolved into a presumptive standard (jus cogens) in the
case Belgium v. Senegal Concerning Question Relating to the Obligation to Prosecute or
Extradite.
3. Prohibition Against Arbitrary Arrest and Detention- Nobody may be arbitrarily detained,
arrested, or exiled, according to Article 9 of the Declaration. Other rights included in the
Universal Declaration include the right to privacy (Article 12), the right to a fair trial (Articles
10 and 11).
 A vast number of States have acknowledged freedom of movement, the right to leave and enter
any country (Article 13), the right to nationality (Article 15), and the right to property (Article
17) as such.
 However, when the International Court of Justice renders a legally binding decision based on
the Universal Declaration, the precise status of these rights will be revealed.
 Due to inconsistencies in State practice, it is now impossible to say with certainty that they
have attained the status of a customary rule of international law.
 To determine which of the rights outlined in the Universal Declaration of Human Rights are
being most fully exercised by States, extensive research must be conducted through a thorough
examination of State practices.
4. Prohibition Against Slavery- No one shall be subjected to slavery or servitude, and all forms
of slavery and the slave trade shall be outlawed, according to Article 4 of the Declaration.
 It is widely believed that the restriction against slavery is a part of customary law. Several
largely ratified conventions have outlawed it.
 Slavery is prohibited under the general principles of the Charter relating to fundamental human
rights, even though slavery conventions cannot be applied to Saudi Arabia and Yemen because
they did not vote or were not present when the General Assembly adopted the Universal
Declaration of Human Rights.
 The International Court of Justice has stated that states have an erga omnes commitment to
protect people from slavery as one of their fundamental human rights.

India and UDHR

 The Universal Declaration of Human Rights was ratified by India on January 1, 1942. The
Fundamental rights are contained in Part III of the Indian Constitution, which is commonly
referred to as the Magna Carta.
 These are the rights that, in the event of a breach, the state must uphold directly. The state is
not allowed to pass any laws that violate the Fundamental Rights, according to Article 13(2).
 It always stipulates that any portion of a law that violates fundamental rights would be
considered void.
 The entire act may be deemed void if the void portion cannot be distinguished from the main
act.
 The Supreme Court noted in the case of Keshvanand Bharti v. State of Kerela- Although it is
not a binding legislative document, the Universal Declaration of Human Rights demonstrates
how India perceived the nature of human rights at the time the Constitution was formed.
 It was noted that UDHR had been acknowledged as a Model code of conduct adopted by the
United Nations General Assembly in the case of Chairman, Railway Board v. Chandrima Das
& Ors.
 The following are provisions from the Universal Declaration of Human Rights and their
equivalents from the Indian Constitution-

Brief Description of Provision UDHR Constitution of India

Equality and equal protection before law Article 7 Article 14

Remedies for violation of Fundamental Article 8 Article 32
Rights
Right to Life and personal liberty Article 9 Article 21
Protection in respect for conviction of Article 11(2) Article 20(1)
offences
Right to property Article 17 Earlier a Fundamental Right
under Article 31
Right to freedom of conscience and to Article 18 Article 25(1)
practice, profess and propagate any religion
Freedom of speech Article 19 Article 19(1)(a)

Equality in opportunity of public service Article 21(2) Article 16(1)

Protection of minorities Article 22 Article 29(1)

Right to education Article 26(1) Article 21A