HUMAN RIGHTS LAW Ahmed T. Ghandour.

CHAPTER 2. THE UN & HUMAN RIGHTS I.

THE CHARTER.

THE DEFINITION OF THE UN CHARTER.

THE CHARTER & HUMAN RIGHTS.

 On October 24, 1945, in San Francisco states had founded and signed the Charter of United Nations, it is observed that states concern about human rights which had found its way to the Charter and several provisions had reflected that.  Firstly; the preamble states: WE THE PEOPLES 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 …. HAVE RESOLVED TO COMBINE OUR EFFORTS TO ACCOMPLISH THESE AIMS :

 Secondly within the purposes of the UN the following articles had explained these aims;  Art. 1.3: encouraging respect for human rights and for fundamental freedoms for all without distinction as to race, sex, language, or religion.  Maybe the most important provisions are Arts. 55 & 56; Art. 55. states, on respect for the principle of equal rights and self-determination of peoples, the United Nations shall promote: C: universal respect for, and observance of, human rights and fundamental freedoms for all without distinction as to race, sex, language, or religion. Art. 56: All Members pledge themselves to take joint and separate action in co-operation with the Organization for the achievement of the purposes set forth in Article 55.

 In addition to the previous articles; we can add arts. 13, 62, 68 & 76.  Art. 13: 1. The General Assembly shall initiate studies and make recommendations for the purpose of: b. promoting international co-operation in the economic, social, cultural, educational, and health fields, and assisting in the realization of human rights and fundamental freedoms for all without distinction as to race, sex, language, or religion. Art. 62: 1. The Economic and Social Council …. 2. It may make recommendations for the purpose of promoting respect for, and observance of, human rights and fundamental freedoms for all Art. 68: The Economic and Social Council shall set up commissions in economic and social fields and for the promotion of human rights, and such other commissions as may be required for the performance of its functions. Art. 76: The basic objectives of the trusteeship system, in accordance with the Purposes of the United Nations laid down in Article 1 of the present Charter, shall be: c. to encourage respect for human rights and for fundamental freedoms for all without distinction as to race, sex, language, or religion, and to encourage recognition of the interdependence of the peoples of the world;

TO CONCLUDE:  Drafting the United Nations Charter wasn't an easy mission huge arguments took place within the states parties and several suggestion had been discussed to enhance the placement of the Charter; because some parties thought that, the Charter is too weak but it was the best text to achieve that time, then Panama had suggested the incorporation of a Bill of rights in the Charter, but President Truman supported the text and added; “ that bill of rights will be as much a part of international life … and a part of our constitutions”.

WHAT IS THE INTERNATIONAL BILL OF RIGHTS?

II. THE UNIVERSAL DECLARATION.

 Directly after signing the Charter; the Preparatory Commission recommended that the Economic and Social Council ( ECOSCO ) should establish a Commission on Human Rights & to prepare an International Bill of Rights.  The General Assembly had approved that, and the Council consisted it of 18 representatives and increased several times to become of 53 in  The work started on January 1947 and the Universal Declaration was adopted by the ( GA ) on 10 th of October 1948 by resolution 217 (III).  Why the adoption had been granted by the (GA)? Because it was not intended to impose legal obligations on states, but to establish goals for states to work towards. * Since 1948 the Declaration has gained more respect all over the world, many meeting within the UN had assured that, numerous states had inspired its principles in different regional human rights organizations and within several states constitutions which means it become as an important part of the international costmary law and has its own power before all states,

III. THE INTERNATIONAL COVENANT ON CIVIL & POLITICAL RIGHTS.