Meaning and Evolution of

Human Rights and UN

Charter
Covering the concept of Human Rights,
The Evolution and Kinds, the Concept of
Charter and the Human Rights Council

Submitted To: Submitted By:

Dr. Jasneet Kaur Walia Harry Punyani
Ph.D., LL.M. Rahul Agarwal
Ravneet Singh
Prince Arshdeep Singh
Wander
 ACKNOWLEDGMENT

We are extremely thankful to our professor Dr. Jasneet Walia to give us an opportunity to work
on the topic of human rights which is primary for understanding the basis of international Human
Rights Law-Meaning, Concept and Kinds of Human Rights.

It is our firm belief that without understanding the basic definitions and kinds of human rights,
one cannot understand the complex ways in which it evolved over hundreds of years and also
one may not be able to understand as to how the human rights are enforced or upheld or
promoted throughout the globe through United Nations and the like agencies.

We have taken extreme care during the preparation of this project, and we consulted various
books and websites. The first topic, Concept of Human Rights serves as a a sort of introduction
for the entire project.

Still, some errors might have crept into due to lack of knowledge on our part, or unknowingly.
Apologies are sought for the same.

Harry Punyani

Rahul Aggarwal

Ravneet Singh

Prince Arshdeep Singh Wander

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CONTENTS
Acknowledgment ........................................................................................................................1

Concept of human rights .............................................................................................................4

Meaning of human rights ............................................................................................................5

Definition of human rights ..........................................................................................................6

Characteristics and nature of human rights ..................................................................................6

The evolution of human rights .....................................................................................................8

Classificaton of human rights .................................................................................................... 12

Evolution of international human rights ..................................................................................... 14

Sources of international hr law .................................................................................................. 19

Human rights under the un charter............................................................................................. 23

Promotion and protection of human rights by united nations ..................................................... 29

United Nations Human Rights Council ...................................................................................... 34

Webliography ........................................................................................................................... 41

BIBLIOGRAPHY ..................................................................................................................... 41

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 CONCEPT OF HUMAN RIGHTS

International Law was solely concerned with States in the classical period which was influenced
by the theory of State sovereignty. The view was based on the thesis that only States create rules
of International Law, and as such, rules are valid for them alone. Thus, no place was left for the
individuals, and therefore, they had no legal significance from the International Law point of
view. Individuals were related to one State through the bond of citizenship or nationality, and
this stood in relation to other States in the role of aliens. If an injury was caused to an individual
it was the State (to which the individual belonged) alone which owed the responsibility under
International Law to another State. Even in those cases where individuals enjoyed certain rights
and duties in conformity with, or according to International Law such as the rights enjoyed while
on foreign territory by Heads of State, diplomatic envoys and even private citizens-those
individuals have not thereby become subjects of International Law. Rights in question were
enjoyed by the individuals concerns not as rights in International Law but as rights derived from
national law1

1
Oppenheim, 'International Law', Vol. 1, Ninth Edition (1992), p. 847

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 MEANING OF HUMAN RIGHTS

Human beings are born equal in dignity and rights. These are moral claims which are inalienable
and inherent in all individuals by virtue of their humanity alone, irrespective of caste, colour,
creed, and place of birth, sex, cultural difference or any other consideration. These claims are
articulated and formulated in what is today known as human rights. Human rights are sometimes
referred to as fundamental rights, basic rights, inherent rights, natural rights and birth rights.
Thus, there is universal acceptance of human rights in principle in domestic and international
plane. Human rights is a generic term and it embraces civil rights, civil liberties and social,
economic and cultural rights. It is therefore difficult to give a precise definition of the term
'human rights'. However, it can be said that the rights that all people have by virtue of their being
human are human rights. These are the rights which no one can be deprived without a grave
affront to justice. There are certain deeds which should never be done, certain freedoms which
should never be invaded, something which are supremely sacred 2.

Rights being immunities denote that there is a guarantee that certain things cannot or ought not to
be done to a person against his will. According to this concept, human beings, by virtue of their
humanity, ought to be protected against unjust and degrading treatment. In other words, human
rights are exemptions from the operation of arbitrary power. An individual can seek human
rights only in an organized community, i.e., a State, or in other words, where the civil social
order exists. No one can imagine to invoke them in a state of anarchy where there is hardly any
just power to which a citizen can appeal against the violations of rights. Thus, the principle of the
protection of human rights is derived from the concept of man as a person and his relationship
with an organized society which cannot be separated from universal human nature.

2
Maurice Cranston quoted in L.J. Macfarlane, 'The Theory and Practice of Human Rights
(1985) p. 7.

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 DEFINITION OF HUMAN RIGHTS

Dr. Justice Durga Das Basu defines “Human rights are those minimal rights, which every
individual must have against the State, or other public authority, by virtue of his being a
„member of human family‟ irrespective of any consideration. Durga Das Basu‟s definition
brings out the essence of human rights.

The Universal Declaration of Human Rights (UDHR), 1948, defines human rights as “rights
derived from the inherent dignity of the human person.” Human rights when they are guaranteed
by a written constitution are known as “Fundamental Rights” because a written constitution is
the fundamental law of the state.

CHARACTERISTICS AND NATURE OF HUMAN RIGHTS

Following are the characteristics of human rights:

1. Human Rights are Inalienable - Human rights are conferred on an individual due to the very
nature of his existence. They are inherent in all individuals irrespective of their caste, creed,
religion, sex and nationality. Human rights are conferred to an individual even after his death.
The different rituals in different religions bear testimony to this fact.

2. Human Rights are Essential and Necessary - In the absence of human rights, the moral,
physical, social and spiritual welfare of an individual is impossible. Human rights are also
essential as they provide suitable conditions for material and moral upliftment of the people.

3. Human Rights are in connection with human dignity - To treat another individual with dignity
irrespective of the fact that the person is a male or female, rich or poor etc. is concerned with
human dignity. For eg. In 1993, India has enacted a law that forbids the practice of carrying
human excreta. This law is called Employment of Manual Scavengers and Dry Latrines
(Prohibition) Act.

4. Human Rights are Irrevocable: Human rights are irrevocable. They cannot be taken away by
any power or authority because these rights originate with the social nature of man in the society

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of human beings and they belong to a person simply because he is a human being. As such
human rights have similarities to moral rights.

5. Human Rights are Necessary for the fulfillment of purpose of life: Human life has a purpose.
The term “human right” is applied to those conditions which are essential for the fulfillment of
this purpose. No government has the power to curtail or take away the rights which are
sacrosanct, inviolable and immutable.

6. Human Rights are Universal – Human rights are not a monopoly of any privileged class of
people. Human rights are universal in nature, without consideration and without exception. The
values such as divinity, dignity and equality which form the basis of these rights are inherent in
human nature.

7. Human Rights are never absolute – Man is a social animal and he lives in a civic society,
which always put certain restrictions on the enjoyment of his rights and freedoms. Human rights
as such are those limited powers or claims, which are contributory to the common good and
which are recognized and guaranteed by the State, through its laws to the individuals. As such
each right has certain limitations.

8. Human Rights are Dynamic - Human rights are not static, they are dynamic. Human rights go
on expanding with socio-eco-cultural and political developments within the State. Judges have to
interpret laws in such ways as are in tune with the changed social values. For eg. The right to be
cared for in sickness has now been extended to include free medical treatment in public hospitals
under the Public Health Scheme, free medical examinations in schools, and the provisions for
especially equipped schools for the physically handicapped.

9. Rights as limits to state power - Human rights imply that every individual has legitimate
claims upon his or her society for certain freedom and benefits. So human rights limit the state‟s
power. These may be in the form of negative restrictions, on the powers of the State, from
violating the inalienable freedoms of the individuals or in the nature of demands on the State, i.e.
positive obligations of the State. For eg. Six freedoms that are enumerated under the right to
liberty forbid the State from interfering with the individual.

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 THE EVOLUTION OF HUMAN RIGHTS

The evolutions of human rights have taken place over centuries. Man had to struggle hard in
order to achieve the ultimate goal – living with dignity – which still has to be realized in various
societies. India itself is an example where women, children, dalits, bonded labourers, etc, is
trying hard to be a part of mainstream. Inspite of all these, the world recognized the U.N.Charter
of 1945 which states that human rights are inalienable aspect of mankind. The origin of human
rights may be traced to the theory of Natural Rights derived from the concept of Natural Law, as
propounded by ancient Greek Stoic Philosophers and further developed by Thomas Hobbes and
John Locke. The American and French Revolution gave further impetus to the struggle of human
rights. The evolution and development of human rights in the international context can be traced
to the Magna Carta and the English Bill of Rights followed by the French Declaration and the
American Bill of Rights.

The twentieth century witnessed the crystallization of the philosophy of Human Rights when the
United Nations adopted the UN Charter, 1945, The Universal Declaration of Human Rights,
1948 and the International Covenants on Human Rights with further emphasis to protection of
rights of Women, Abolition of Slavery, Racial Discrimination, Civil and Political Rights,
Economic, Social and Cultural Rights and most importantly the Rights of children.

In India the drafters of Constitution took care to incorporate Human Rights for its own citizens as
well as for the aliens. India got its independence in the year 1947, just a year before the UDHR
was adopted. The founding fathers of Indian constitution were all aware that India‟s freedom
struggle had taken place in the context of the demand for basic human rights. Yet economic
backwardness of the country would make it impossible to immediately satisfy all the aspirations
of people. So, they adopted a pragmatic approach. They described certain rights as “fundamental
rights” and laid down certain other rights as fundamental duties of a citizen were also
enumerated.

The Supreme Court of India is the guarantor of the rights according to the Constitution. The
court takes into account fundamental duties while interpreting the constitutional right.

The important landmarks in the progress of human rights are as follows:

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1 The Magna Carta, 1215.

The Magna Carta, also known as the Great Charter, of 1215 is the most significant constitutional
document of all human history. The main theme of it was protection against the arbitrary acts by
the king. The 63 clauses of the Charter guaranteed basic civic and legal rights to citizens, and
protected the barons from unjust taxes. The English Church too gained freedom from royal
interferences. King John of England granted the Magna Carta to the English barons on 15th June
1215. The king was compelled to grant the Charter, because the barons refused to pay heavy
taxes unless the king signed the Charter.

2. The English Bill of Rights, 1689.

The next source and avenue of the development of the philosophy of human rights is the English
Bill of Rights, enacted on December 16, 1689, by the British Parliament. The British Parliament
declared its supremacy over the Crown in clear terms. The English Bill of Rights declared that
the king has no overriding authority. The Bill of Rights codified the customary laws, and
clarified the rights and liberties of the citizens.

It lays down the twin foundations, viz., the supremacy of the law, and the sovereignty of the
nation, upon which, the English constitution rests.

3. American Declaration of Independence, 1776.

The first colonies to revolt against England were the thirteen States of America. These states
declared their independence from their mother country on 4th July 1776. The declaration charges
the king with tyranny and affirms the independence of the American colonies. The declaration of
independence has great significance in the history of mankind as it justified the right to revolt
against a government that no longer guaranteed the man‟s natural and inalienable rights.

4. The U.S. Bill of Rights, 1791.

The U.S. Constitution was enacted on 17th September 1787. The most conspicuous defect of the
original constitution was the omission of a Bill of Rights concerning private rights and personal
liberties. Madison, therefore proposed as many as twelve amendments in the form of Bill of
Rights. Ten of these were ratified by the State legislatures. These ten constitutional amendments

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came to be known as the Bill of Rights. The overall theme of the Bill of Rights is that the citizen
be protected against the abuse of power by the officials of the States.

5. The French Declaration of the Rights of Man and of the Citizen, 1789

The fall of Bastille and the abolition of feudalism, serfdom and class privileges by the National
Assembly ushered France into a new era. On 4th August 1789, the National Assembly
proclaimed the Rights of Man and of the Citizens. The Rights were formulated in 17 Articles.

The Declaration of the Rights of Man and of the Citizen has far reaching importance not only in
the history of France but also in the history of Europe and mankind. The declaration served as
the death warrant for the old regime and introduced a new social and political order, founded on
the noble and glittering principles. Further the declaration served as the basis for many
Constitutions, framed in different countries, where the framers gave top priority to human rights.

6. Declaration of International Rights of Man, 1929.

After World War I, questions about human rights and fundamental freedoms began to be raised.
In 1929, the Institute of International Law adopted the Declaration of International rights of Man.
The Declaration declared that fundamental rights of citizen, recognized and guaranteed by
several domestic constitutions, especially those of the French and the U.S.A constitutions, were
in reality meant not only for citizens of the states but for all men all over the world, without any
consideration.

7. The UN Charter, 1945.

The United Nations Charter was drafted, approved and unanimously adopted by all the delegates
of the 51 states, who attended the United Nations Conference at San Francisco. The UN Charter
contains provisions for the promotion and protection of human rights. The importance of the

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Charter lies in the fact that it is the first official document in which the use of „human rights‟ is,
for the first time traceable and which also recognized the respect for fundamental freedom.

8. The Universal Declaration of Human Rights, 1948.

The Universal Declaration of Human Rights was adopted by the General Assembly of the United
Nations on 10th December, 1948. The Declaration consists of thirty Articles and covers civil,
political, economic, social and cultural rights for all men, women and children. The declaration
however is not a legally binding document. It is an ideal for all mankind.

9. International Covenants on Human Rights

The Universal Declaration of Human Rights, 1948 was not a legally binding document. It lacked
enforcements. This deficiency was sought to be removed by the U.N. General Assembly by
adopting in December, 1966, the two Covenants, viz,International Covenant on Civil and
Political Rights and International Covenant on Economic, Social and Cultural Rights.

The two International Covenants, together with the Universal Declaration and the Optional
Protocols, comprise the International Bill of Human Rights. The International Bill of Human
Rights represents a milestone in the history of human rights. It is a modern Magna Carta of
human rights.

THE NATURAL RIGHTS THEORY

Though the expression „human rights‟ had its origin in international law, which is not older than
the World War II, the concept of an individual having certain basic, inalienable rights as against
a sovereign State had its origin in the doctrines of natural law and natural rights. Thomas
Hobbes (1588 – 1679), John Locke (1632 – 1704) and Jean-Jacques Rousseau (1712 – 1778) are
the three main thinkers who developed the Natural Rights theory. Thomas Hobbes was the first
champion of the theory of „natural rights‟. In his celebrated book, „Leviathan‟, he advocated that
no individual could ever be deprived of the right to life, which he enjoyed in the state of nature.
He asserted that all human beings are equal, without any consideration.

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John Locke developed the idea further in his book, „Two Treatises Government.‟ He argued that
every human being has a natural right to life, personal liberty, and property, and that no
governmental authority has power to deprive individuals of these rights because they had
enjoyed them even before the creation of the civil or political society.

Rousseau is regarded as the greatest master of natural law school. In his celebrated book, „The
Social Contract‟, Rousseau states that “All men are born free but everywhere they are in chains.”
Rousseau proclaimed that men are bestowed with inalienable rights of liberty, equality and
fraternity. These concepts became the basis for the French Declaration of the Rights of Man and
of the Citizen.

Paine an American revolutionary thinker developed the doctrine of natural rights without linking
it to the social contract theory. He held that rights are natural, because they were bestowed upon
man by God himself. These rights exist independently of the legal code of any country.

CLASSIFICATON OF HUMAN RIGHTS

Human rights can be broadly classified on five bases. They are:

• Civil Human Rights

• Political Human Rights

• Economic Human Rights

• Social and Cultural Human Rights

• Development Oriented Human Rights

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a. The seventeenth, eighteenth and nineteenth centuries contributed and strengthened the civil
and political rights, which assured civil and political liberties. The Civil and Political Human
Rights are collectively known as „Liberty Oriented Human Rights‟ because they provide,
protect and guarantee individual liberty to an individual against the State and its agencies.
Liberty rights also referred to as Blue Rights are the First Generation of Human Rights.

b. The twentieth century contributed to the development and strengthening of economic, social
and cultural rights and the rights of minorities as well. These rights aim at promotion of the
economic and social security through economic and social upliftment of the weaker sections of
the society. These rights are essential for dignity of personhood as well as for the full and free
development of human personality in all possible directions. These rights ensure a minimum of
economic welfare of the masses and their basic material needs, recognized by the society as
essential to civilized living.

The economic, social and cultural rights, including the rights of the minorities are collectively
known as the “Security Oriented Human Rights” because these rights collectively provide and
guarantee the essential security in the life of an individual. In the absence of these rights, the
very existence of human beings would be in danger. These are also known as the “Second
Generation of Human Rights”. They are also referred to as Red Rights or also as positive rights.
These rights along with the Civil and Political Rights were declared by the Universal Declaration
of Human Rights and later were recognized by (1) the Covenant on Civil and Political Rights and
(2) the Covenant on Economic, Social and Cultural Rights in December 1966.

c. The Development Oriented Human Rights are of a very recent origin in the late twentieth
century. These rights enable an individual to participate in the process of all round development
and include environmental rights that enable an individual to enjoy the absolutely free gifts of
nature, namely, air, water, food and natural resources, free from pollution and contamination.
These are known as the Third Generation of Human Rights or Green Rights. They are also called
as Solidarity Rights, because their implementation depends upon international cooperation.

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Solidarity rights are of special importance to developing countries, because these countries want
the creation of an international order that will guarantee to them the right to development, the
right to disaster relief assistance, the right to peace and the right to good government.

Rights for Citizens and for all persons.

All human rights can be further classified into two distinct classes on the basis of the eligibility
of individual, who can exercise them as under: 1. The rights for citizens and 2. The rights for all
persons.

Certain rights are conferred only on citizens. For eg. In the Indian constitution provisions in
Articles 15, 16, 19 and 29 are limited to citizens. The remaining provisions in Part III of the
Indian Constitution are applicable to citizens and aliens alike.

EVOLUTION OF INTERNATIONAL HUMAN RIGHTS

The Concept of human rights is as old as the human race. These rights have their roots in
antiquity. The roots for the protection of the human rights may be traced as far back as in the
Babylonian laws, Assyrian laws and in the dharma ofthe Vedic period in India3. Writings of the
Plato and other Greek and RomanPhilosophers also depict for the protection of human rights
though they had a religious foundation.

3
See Laws promulgated in the reigns of Urukagina of Lagash (3260 B.B.) Sargon of Akkad (2300 B.C.)
and Hammurabi of Babylon (1750 B.C.). Cited in Inaugural Address of Justice P. Bhagwati, Supreme
Court of India in the ―Seminar on Human Rights‖ organized by International Law Association.
Allahabad Centre (1980), P. 7.

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The Magna Carta granted by King John of England to the English barons on June 15, 1215
ensured feudal rights and dues and to guarantee that the King would not encroach upon their
privileges. The Carta was buttressed in 1628 by the Peririon of Rights4.

The concept of human rights is as old as the ancient doctrine of ̳natural rights„ founded on
natural law, the expression ̳human rights„ is of recent origin5 and has emerged after the Second
World War. The fact is that certain rights of man existed in the ancient period which was known
as the natural rights or divine rights. These rights find place in all ancient societies though they
were known by different names.

The doctrine of natural rights had greatly influenced the drafting of British Bill of Rights (1689),
Declaration of Independence (1776) and Declaration of Rights of Man and Citizen (1789) and
formed part of the U.S. Constitution. The doctrine of natural rights viewed man as a self
determining and self directing agent living in an environment that offered him ample resources
and opportunities to the pursue their own goals6.

The human rights were referred to as civil rights, political rights, personal rights, legal rights,
economic and social rights and natural or divine rights in ancient period. The names and the
classification of rights kept on changing with the passage of time. Generally, it is believed that,
―the concept of human rights is western and that the origin of the concept of human rights in the
world history found its expression in Magna Carta of 1215.
In India, Swami Vivekananda long back expressed, ―implementation of the principles of social
justice and human rights for establishing a welfare State in the true Indian sense‖, to diminish gap
between the high and the low was necessary. The human rights in the form of ̳Dharma„ can also
be traced in ̳Arthasastra„ of Kautilya and ̳Manusmriti„ of Manu, which laid down legal
jurisprudence in ancient India.

4
The Bill of Rights was officially entitled as an Act for Declaring the Rights and Liberties of the Subject
and for setting the Succession of the crown. It was enacted by Charles-II on the occasion of the accession
of William of Orange and Mary Stuart to the throne of England.
5
Basu D.D., Human Rights in Constitutional Law, (1994), p. 5.
6
Singh, Paramanand, ―What are Human Rights‖, Kaul, Jawahar L. (ed.), Human Rights; Issues, and
Perspectives. (1985). P. 7.

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The idea of equality was germane to the Vedas. Vedic ethics had idealized
an equality of treatment among equals. Mahabharata tells about the importance of
the freedom of the individual (civil liberties) in a State. Much earlier than the
Greeks and Romans, Ancient Indian philosophers and thinkers expounded a theory
of higher moral law of Dharma, about 5000 years ago, with a view to establish
harmonious social order free from the traces of conflicts, exploitations7.

Although some authors proclaim and defend the monopoly of western civilization on the
development of the concept of human rights, the human rights consciousness has remote origins
and developed with contributions from different schools of thought, especially those based on
different religions, philosophies and law schools (Beitz 2009). With this perspective, it is
possible to identify a first historical stage in the origin and development of human rights in
religious and classical philosophical trends on natural rights, which recognized people as
endowed with innate, absolute, universal and inviolable rights. What cannot be denied is that
Western Civilization manifested a greater articulation and juridical-political implementation of
religious-philosophical ideals8.

The leading religious traditions, like Hinduism, Judaism, Buddhism, Confucianism, Christianity
and Islam, in spite of their differences, contradictions and conflicts, share the same vision of and
commitment to respecting the dignity of all people and the resultant task of fraternity, solidarity
and protection of the defenseless and least protected .
Diverse philosophical traditions, sharing a rational perspective and not religious elements, also
made significant contributions to developing the consciousness of the universality of human
rights, by developing concepts of human nature, natural law, natural rights, social justice, moral
responsibility and the role of governments in the defense and protection of their citizens ’rights.
Among these traditions, those that stand out are the schools of moral Confucian philosophy in
China, the Babylonian school promoted by Hammurabi, and the different philosophical schools
of Egyptian, Hindu and Persian civilizations. There are also concepts similar to these
7
See Dhyani, S.N., Fundamentals of Jurisprudence- The Indian Approach, (1992), p. 79.
8
Aiken, Nevin (2009) “The (Re)Construction of a Culture of Human Rights: Transnational Justice and
Human Security”, in Human Security Journal, Vol. 8, 10-18.

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philosophical schools of thought found in African and pre-Columbian American oral traditions
and civilizations with regard to issues of human dignity, social justice and the protection of
individuals against the arbitrary use of power and abuses by political authorities . These
elements, which were present in ancient philosophies, were added to Western philosophies, with
special emphasis on concepts of moral justice that transcends particular circumstances and
political systems, and the need to respect the human nature of each individual. These concepts
were already developed by classical Greek philosophers, including Plato and Aristotle, as were
the concepts of natural law and human dignity. The notion of universal justice is based upon
these concepts developed by Roman Stoic philosophers, including Cicero and Justinian.
As was already mentioned, all these schools had greater impact than their predecessors by better
articulating their philosophies and legal concepts and implementing them in public life.

While religious and philosophical doctrines enriched the theoretical dimension of human dignity
and consequent universal responsibilities and obligations, the concrete practice of these concepts
and their application in the political, economic, social and intellectual arenas over centuries
generated theoretical and practical changes that translated into laws in different civilizations.
Among them, it is necessary to mention Hammurabi’s Code and the remarkable legal body
developed by Roman law that distinguished Ius Gentium (law of peoples) from Ius Naturae
(natural law). According to them, the laws of peoples derive from the nature of peoples
themselves and not from the state. They also establish specific responsibilities and universal
rights that are extended to each and every human being, members of a worldwide community
understood as an “all” .
During Medieval Times, Catholic theologians and philosophers strengthened the consciousness
of the universality of human dignity and equality, based on natural law, in Western civilization.
In this context, the contributions of Saint Augustine and Saint Thomas Aquinas were
fundamental to developing a synthesis of elements from classic Greek philosophy and
Christianity based on the theory of natural law, which recognizes the individual rights of each
person independent of the state to which he or she belongs.

A second stage, in which there was a monumental advance in the vision and consciousness of
human rights, would be identified by the five centuries that comprise the Renaissance, the

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Reformation and the formation of national states, entering into the Enlightenment, the
independence of the United States of America and the French Revolution. During this time, from
a rational and enlightenment philosophy and an ius naturae legal perspective, individual rights
and freedom were privileged, and in some cases became absolute. In this context, the ius naturae
contributions of Erasmus of Rotterdam stand out. He wrote about concepts of justice, equality
and individual liberty as natural rights, which the state was obligated to protect and citizens to
respect. Francisco Suárez and Hugo Grotius also deserve special mention. Suárez explored the
universality of natural law and the uniting nature of the law of peoples. Grotius examined
independence and natural law with respect to a given political or religious power and the
resultant need to recognize the natural rights of all people who, because of their shared humanity,
should be treated in a just and equal manner, independent of their religious or civil status .
Subsequently, John Locke highlighted the natural rights to life, liberty and private property,
which should be protected by governments (Locke 1947). Jean-Jacques Rousseau, Voltaire,
Denis Diderot and Montesquieu wrote on the natural, inalienable and unalterable rights of all
people to equality, liberty and solidarity, which governments must pledge to protect and respect
through a social contract.
Through them, natural law, which deals with human rights and is therefore confined to the field
of ethics and political philosophy, entered into the realm of positive rights,which become
effective through laws and legal systems.
.
This third stage of human rights development has continued the consolidation of human rights in
international and domestic law inspired by the 1948 Declaration. The Charter of the United
Nations, containing in its preamble not the traditional language of plenipotentiary nation-states
but of the “peoples of the United Nations,” announced peacekeeping and the security of peoples
to be the primary functions of the new organization. Its first article proclaimed universal respect
for fundamental human rights and liberties as indispensable conditions to peace and security. In
this manner, the UN Charter bound itself to the issues of security and peace, universal respect for
human rights and, by definition, constraints on sovereign power9.

9
United Nations Development Programme (1994) Human Development Report 1994. Oxford University
Press, New York.

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 SOURCES OF INTERNATIONAL HR LAW

• International treaties

1) UN CHARTER

Almost every independent nation is a member of the United Nations (UN) (193 out of 195).
Having signed on to the UN Charter, which is a binding treaty, these nations have obligated
themselves to cooperate with the UN in achieving its primary purposes, one of which is to
promote "universal respect for, and observance of, human rights and fundamental freedoms for
all without distinction as to race, sex, language, or religion10.”

2) UNIVERSAL DECLARATION OF HUMAN RIGHTS

The Universal Declaration of Human Rights (UDHR) is the document through which UN
members spelled out the rights and freedoms that are both fundamental and universal as well as
the principles for how to promote respect for and observance of these rights and freedoms.
Though the UDHR is merely aspirational and is not a binding treaty, it is a primary source of
persuasive authority in international human rights law. It provides the foundation for the specific
human rights treaties concluded within the UN framework. Together with the two most
significant of these treaties (the International Covenant on Civil and Political Rights and the
International Covenant on Economic, Social and Cultural Rights), the UDHR forms part of the
International Bill of Human Rights.

3) UNITED NATIONS HUMAN RIGHTS COUNCIL

The United Nations Human Rights Council (UNHCR) is the UN organ responsible for the
promotion and protection of all fundamental rights and freedoms throughout the world. The

10
HO Aggarwal, International Rights and Human Rights, Central Law Publications, Allahabad, 19th
edition.

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UNCHR performs this function in part by monitoring all human rights issues globally and by
issuing recommendations in the form of resolutions on situations involving human rights
violations. UNCHR resolutions are a significant source of persuasive authority on the scope of
the fundamental rights and freedoms embodied in international human rights law and on what
constitutes violations of those rights and freedoms. The UNCHR websites provide access to its
resolutions. Additionally, the UNCHR fulfills its function by facilitating the Universal Periodic
Review, an ongoing assessment of the human rights records of all UN member states.

4) UNITED NATIONS TREATY COLLECTION CHAPTER 4 HUMAN RIGHTS

This website provides access to UN records relating to the status of U.S. ratification of various
UN human rights treaties. Additionally, this site provides access to any reservations,
understandings, and/or declarations the U.S. might make at the time of ratification such as, for
example, the U.S. declaration that certain provisions of the International Covenant on Civil and
Political Rights are not self-executing.

5) The African Union(AU) is the regional intergovernmental organization for the continent of
African charter of human rights(African Charter) is the primary AU human rights treaty. The
African Charter and the other human rights documents the comprise the AU human rights
framework are a source of persuasive authority regarding the scope and content of universal
fundamental rights and freedoms.

6) The Council of Europe (COE) is the primary regional intergovernmental human

rights organization for Europe. The European Convention on Human Rights(European
Convention) is the primary COE human rights treaty. The European Convention and the other
documents that comprise the COE human rights framework are a source of persuasive authority
regarding the scope and content of universal fundamental rights and freedoms.

• International customs

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Certain international human rights have acquired the status of the human rights by thr state by
the status of custonmary international law by the widespread practice by the State. The 1987
Restatement of the foreign relations law of the US takes the position that the customary
international law protects at least certain basic rights. It is desirable always that a study is
conducted to prepare the list of those human rights which have acquired the status of the
international customary law. It would be immense help to the international court of justice, States
and to their courts as they would come to know about them.

• Other international instrumnets

A great number of international declarations, resolutions, and recommendations relating to the

human rights have been adopted under the United Nations whchhave established broadly
recognised standards in the connection with the human rights issues despite the fact that they are
not legally binding on the states. The most of these is the UDHR of 1948 which possesses a
moral or political force that may be useful in persuading government officials to observe human
right standards.

• Judicial decisions

Decisions of various judicial bodies are relevant in the determination of the rules on human
rights issues. Although action by ICJ in the area has been limited, there is no doubt that cases
could fall within its competency. European court of Human Rights, since the Lawless case
decided in 1960 has adjudicated many disputes successfully. The increasing case load prompted
a lengthy debate which resulted into the creation of a new European Court of Human Rights on
Nov 1, 1998. Although a few cases have been brought before the Inter American Court of
Human Rights, case law under the American Convention is as yet in its infancy. Decisions of the
Municipal Courts have great effect on the Human Rights law.

• Official documentation

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Officials documents of the United Nations and its subsidiary bodies have produced a vast amount
of documentation relating to the matters of the Human Rights matters. Human rights journal and
Review and European Law Review and the collective work done under the auspices of the
international bodies are of great value11.

11
Supra Note 8

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 HUMAN RIGHTS UNDER THE UN CHARTER

At the San Francisco Conference it was expressed by several delegates that the United Nations
should establish an International Bill of Rights. Although that could not be done, it was well
realised by the members that it should be the obligation of the international community to
cooperate in eradicating the scourge of war, and they were therefore determined that the
promotion and respect for human rights which at present constitute so important and so
conspicuous be an integrated part of the UN. Charter.

The result was that the Charter contained a number of provisions for the protection of human
rights and fundamental freedoms in the Preamble and in Articles l, 13 (b), 55 , 56, 62(2),‟and 76
as follows :

(1) The Preamble of the Charter in its first substantive paragraph laid down that....‟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...‟

(2) Para 3 of Article 1 of the Charter provided that the achievement of international co-operation
in promoting and encouraging respect for' human rights and for fundamental freedoms for all
without distinction as to race, sex, language or religion shall be one of the purposes of the United
Nations. The above provision shows that the desirability of promoting and encouraging respect
for human rights and fundamental freedoms‟ without distinction as to race, sex, language or
religion was generally recognised. There was a general agreement that all human beings are
entitled to some basic rights. It marked the birth of the international and universal recognition of
human rights. However, despite the differences as to what rights and freedoms are, the
achievement of the maximum freedom and dig,“ of the human beings was the primary aim of the
United Nations..

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(3) The General Assembly and the Economic and Social Council were given the task for the
realisation of the promotion of human righh and hmdamental freedoms. By the terms of Article
13, the gcneral Assembly was empowered to initiate studios and make recommendations for the
purpose of assisting in the realisation of human rights and fundamental freedoms for all without
distinction as to race, sex, language br religion.

Most of the items relating to human rights are considered by the Assembly‟s Third Committee
(Social, Humanitarian and Cultural Committee), but others may be referred to other Committees
such as the Sixth Committee (Legal) or the First Committee (Political and Security) or the
Special Political Committee. The Assembly has also established subsidiary organs for dealing
with issues relating to specific human rights such as Special Committee on Decolonization, the
Special Committee on Apartheid and the Special Committee to Investigate Israeli Practices in the
Occupied Territories.

(4) Article 55 provided that the United Nations shall promote : (a) higher standards of living, full
employment and conditions of economic and social progress and development; (b) solutions of
international economic, social, health and related problems, and international cultural and
educational cooperation; and (c) universal respect for, and observance of, human rights and
fundamental freedoms for all without distinction as to race, sex, language or religion. It is to be
noted that Article 55 is not self-explanatory. Wordings of the Article suggest that human rights
are limited to those subjects which are mentioned in paragraph (c), and the subjects in paragraphs
(a) and (b) are not rights at all but only policies that should be promoted.

(5) Article 56 provided that the members of the United Nations pledged themselves to take joint
and separate action in co-operation with the Organisation for the achievement of the purposes set
forth in Article 55.

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(6) Article 62 of the Charter authorized the Economic and Social Council to ‟make
recommendations for the purpose of promoting respect for, and observance of, human rights and
fundamental freedoms for all.‟

(7) Article 68 directed the Council to 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. The Commission on Human Rights and the Commission on the
Status of Women are the subsidiary bodies of the Economic and Social Coungil.

(8) Para (c) of Article 76 stipulated that one of the basic objectives of the trusteeship system is 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.

In addition to the above provisions, the Charter has referred repeatedly the concept of
‟fundamental human rights‟, ‟the dignity and worth of the human person‟, ‟equal rights‟,
‟justice', ‟social progress" and fundamental freedoms. The Charter devoted three Chapters to the
sclf-dctermination of peoples.

The above provisions of the Charter make it clear that the State‟s treatment of its own citizens
has become a matter of international concern. Although there was no universal agreement as to
the precise extent of the ‟human rights and fundamental freedoms‟ guaranteed to all by the
Charter, there is at present no dissent from the view that they have become one of the basic
principles of international law. The above provisions also imply that two major values of
International Law-an old one, respect for State sovereignty, and a more recent one, respect for
human rights have been integrated. '

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The Charter by incorporating the provisions relating to promotion of human rights and
fundamental freedoms opened a new dimension towards the progressive development of
International Law. Individuals became a focus of international concern by acquiring their own
rights. All member States were required to promote observance of fundamental human rights
without distinction as to race, sex, language or religion. The Charter universalized and
internationalized the concept of human rights which hitherto was adopted in some countries
since last 200 years. It was universalized in the sense that there was a general acceptance of
rights by national governments and was internationalized because the treatment of citizens in one
country became the business of other countries as well. It was the first international document
which recognised the respect for human rights and fundamental freedoms as a principle of
International Law. Their recognition and their further realisation was deemed necessary as they
were regarded as one of the methods of achieving greater unity between the States and also
because they are indispensable for the maintenance of international peace and security. It is clear
from the wordings of Article 55 of the Charter which lays down that the United Nations shall
promote universal respect for, and observance of human rights and fundamental freedoms for all
w' tout distinction as to race, sex, language or religion with a view to the creation of conditions
of stability and well-being which are necessary for peaceful and friendly relations among
nations. The observance of human rights therefore contains an essential element of peace justice
and well-being necessary to ensure the development of friendly relations and cooperation among
themselves as among all States. President Truman at the closing address to the San Francisco
Conference as to relationship of the promotion of human rights and the maintenance of
international peace and security had stated that :

The Charter is dedicated to the achievement and observance of human rights and fundamental
freedoms. Unless we can attain these objectives for all men and women everywhere without
regard to race, language or religion one cannot have permanent peace and security in the world.

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It is to be noted that the Charter is a global constitution without a bill of rights. It neither defined
the human rights nor they were enumerated therein. There is no provision in the Charter laying
down apressis verbis that there is a legal obligation resting upon nations to observe human rights
and fundamental freedoms. Courts in various States which have been called on to consider the
legal effect of the Charter provisions relating to human rights have differed in their Conclusions.
Some have affirmed the binding nature and direct enforceability of the Charter provisions, while
others have denied it, others while cons them as binding have dot lined to enforce them on the
ground that they had not been tonally Incorporated as part of the law of the land,1 and 0th“! still,
While denying to them, the character of rules binding directly in the internal law of the State
have them, directly or indirectly, as relevant in the sense that they form part of the public policy
of a State as a signatory of the Charter.„ The guarantee for the protection of human rights and
fundamental freedoms was also not provided In the Charter. Although it was proposed by the
Latin American States dunng the drafting of the Charter at San Francisco Conference that it
should contain an „International Bill of Rights‟, a specific list of rights could not be prepared due
to lack of sufficient time, and therefore, promotion as well as protection of human rights was
explicitly rejected. Provisions relating to human rights in the Charter are therefore general and
vague. Further, when the United Nations was created UN. founders were pre-occupied with State
sovereignty and not human security and therefore human rights acquired secondary position as is
evident from Article 1 of the Charter where reference to human rights appeared towards the end
of a lengthy provision. However, since the adoption of the Charter, international human rights
law has been deve10ping in an unprecedented way, and presently, it has become a substantive
part of international law as a whole. In order to further strengthen the United Nations human
rights machinery, 2005 World Summit Outcome stated for the creation of a Human Rights
Council which will be responsible for promoting universal respect for the protection of all human
rights and fundamental freedoms for all, without distinction of any kind and in a fair and equal
manner. The Council, the Summit stated, should address situations of violations of human rights,
including gross and systematic violations, and make recommendations thereon. It shall also
promote effective coordination and the mainstreaming of human rights within the United Nations
system. The Summit has requested to the President of the General Assembly to conduct open,
transparent and inclusive negotiations with the aim of establishing the mandate, modalities,

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functions, size, composition, membership, working methods and procedures of the Council.

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 PROMOTION AND PROTECTION OF HUMAN RIGHTS BY UNITED NATIONS

Promotion and encouragement of respect for and observance of human rights and fundamental
freedoms is one of the purposes of the United Nations. The Charter of United Nations mentions
the term promotion of human rights seven times, but makes no reference to “protection” of
“human rights”. A question arises how this purpose is achieved by the United Nations? It Action
in promoting and protecting human rights have tremendously increased in the last sixty years.
The term promotion of human rights may mean setting of international standard of human rights,
education and dissemination. The prime responsibility for the promotion of human rights under
the UN. Charter rests in the General Assembly, in the Economic and Social Council and its
subsidiary body- the Commission on Human Rights. The General Assembly by adopting treaties
has set standards and socializes into those standards. Holding conferences and seminars to spread
the world about human rights values found in these international documents are also included in
the promotion of human rights.

The term protection of human rights which may mean implementation and enforcement action
does not find place in the UN. Charter. Among the United Nations agencies only the Security
Council and the International Court of Justice can engage in enforcement action; only they have
a competence to pass a binding resolution or issue a binding judgment. The Security Council can
threaten or votes anctions in relation to its own previous actions or that of the Court.
Enforcement is thus the authoritative application of human rights. All other actions beyond
promotion but short of enforcement may be considered as implementation efforts.12
Implementation thus includes passing non-binding resolutions about specific problems or States.
When a UN. agency approves a resolution calling on specific State to take specific human rights
action, it is considered to generate political pressure on the target and thus an effort at protection,
not just promotion. The United Nations in the past has been able to promote and protect human
rights by a number of ways which are as follows:

Human right consciousness

12
David P. Forsythe, op. Cit, p.57

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The first and the most important role which the United Nations has played is that it has made the
people and the states conscious about the human rights and fundamental freedoms. It has set a
pace in establishing minimum standards of acceptable behavior by States. The proclamation of
human Rights containing the universal code of human Rights may be regarded as the first step
towards the promotion and protection of human rights.

Codification of the law of human rights

The United Nations has codified the different rights and freedoms by making treaties for all
sections of the people such as women, child, migrant, workers refugees and stateless persons. In
addition to the above the prohibition on the commission of inhuman acts such as genocide,
apartheid, racial discrimination and torture has been brought within the international rule of law.

Monitoring of Human Rights

Treaty bodies, Special Rapporteurs and Working Groups of the Commission on Human Rights
have procedure and mechanism to monitor compliance with conventions and investigate
allegations of human rights abuses a number of expert committees have been established under
particular treaties. They are not subsidiary organs of the United Nations, but are autonomous.
The Committees are termed UN. Treaty Organs. Their resolutions on specific case carry a model
weight that few governments are willing to defy. In the past, UN, Human Rights monitors have
been sent to many countries including El Slavador and Cambodia. Human Rights monitors have
also been deployed by the General Assembly as part of peace-keeping operations in Haiti,
Rwanda, Guatemala and the former Yugoslavia.

Procedure for individuals complaints

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A number of human rights treaties permit individuals to make petition before the appropriate
international bodies. For instance, the Optional Protocol to the International Covenant on Civil
and Political Rights, the International Convention on the Elimination of All Forms of Racial
Discrimination, Convention Against Torture, Convention on the Elimination of Discrimination
Against Women and the International Convention on the Protection of the Rights of All Migrant
Workers and Their Families have permitted individuals to make petitions against their States that
have accepted relevant international legal procedures. Also, under procedures established by the
Commission on Human Rights, and its Sub-Commission on the Promotion and Protection of
Human Rights (earlier known as Sub-Commission on Prevention of Discrimination and
Protection of Minorities) and their Working Groups, hear numerous complaints annually
submitted by individuals as well as by non-governmental organizations(NGO). The Commission
on Human Rights is authorized to discuss human rights situations anywhere in the World and
examine information from individuals, NGO's and other sources

Economical and social council in 1978 revolution 1503 entitled 'procedure for dealing with
communications relating to violation of human rights and fundamental freedoms commonly
known as '1503 Resolution‟ where in individuals and non governmental organizations
(NGO)were allowed to make a communication to the Commission concerning "situations which
appear. to reveal a consistent pattern of gross and reliably attested violations of human rights13
A communication i.e., a complaint is sent to the Office of the UN High Commissioner for
Human Rights in Geneva. The Commission has focused the1503 procedure mainly on civil and
political rights using rapporteurs and Working Groups in specific countries and specific
problems. It is to be noted that the individual petitions help to provide some check on
governmental violations of human rights as they provide a source of information to international
organizations.

Compilation of Information on the Violations of Human Rights

13
The commission, after receipt of communication, send it to the government concerned and summarises it it in a
monthly confidential list. The government is given 12 weeks time to reply. The commission considers this situation
in close the session. Revolution 1503 empowers the commission to make a thorough study or institute and
investigation by an ad hoc committee.

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The original mandate of the Commission on Human Rights to examine situations where massive
violations of rights appear to be taking place has been complemented by a new function, i.e.,
compiling informations on the incidence of certain kinds of violations, or violation in a specific
country. This task is performed by Special Rapporteurs/Representative or Working Groups. They
gather facts, keep contacts with local groups and government authorities, conduct on-site visits
when Governments permit, and make recommendations on how human Rights institutions might
be strengthened.

Examination of Human. Rights Situations

The commission on human rights may asked the secretary general to intervene or send an expert
to examine a human right situation in any state with a view to prevent flagrant violations. Such
tasks may be performed by the secretary general himself in the exercise of his good offices and
established the UN's legitimate concern and curb abuses. this secretary general of his special
representative and the high commissioner for human rights, confidentially raise human Rights
concerns with member states, including items such as release of prisoners, commutation of death
sentences and other issues.

Coordination of Human Right Activities

The post of high commissioner for human rights was created in 1993 with the intention of
strengthening the coordination and impact of UN Human Rights activities. He is charged with
promoting and protecting the effective enjoyment by all of the human rights and maintains a
permanent dialogue with the member of States.

By providing advisory services

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The Center for Human Rights provides advisory services to Governments seeking to improve
their human rights performance. Assistance may be given to draft a constitution, to improve
electoral laws, establish or upgrade human rights institutions, prepare new criminal codes, or
overhaul the judiciary.

The above points go to prove that the United Nations has been performing a variety of functions
successfully to promote and protect human rights and it has promoted global culture of human
rights through education and awareness. Human rights which was regarded as a matter of
domestic jurisdiction of the States, has acquired the international character, vis-a-vis,
international human rights: It is appropriate to call international human rights because firstly,
human rights is increasingly a well established issue area of international politics; secondly,
States are increasingly obligated to respect human rights norms, and thirdly, individuals have
increasingly obtained legal personality, in the form of partial subjectivity, with regard to human
rights matters. However, it has to be conceded that the impact of the UN. activities on
international human rights issues has been indirect and it has long term effect. All of its
promotion efforts and most of its protection attempts entail considerable time to have an impact.
The result is that human rights continue to be widely violated around the globe. Fundamental
rights of individuals life, liberty and physical security, right to health, housing and work as well
as cultural rights continue to be threatened by forces of repression, ethnic hatred and
exploitation. Torture, cruel and inhuman punishment for seemingly minor crimes to spousal and
child abuse have led to the description of societies and ethnic, religious and other conflicts. In the
face of these challenges, the United Nations has to be more active. It has to intervene in Cases of
massive human rights violations. It has to work with the cooperation of the member States to
strengthen the commitments of promoting and protecting human rights.

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 UNITED NATIONS HUMAN RIGHTS COUNCIL

Introduction

The United Nations Human Rights Council is a United Nations body whose mission is to
promote and protect human rights around the world. The UNHRC has 47 members elected for
staggered three-year terms on a regional group basis.

The UNHRC investigates allegations of breaches of human rights in UN member states, and
addresses important thematic human rights issues such as freedom of association and assembly,
freedom of expression, freedom of belief and religion, women's rights, LGBT rights, and the
rights of racial and ethnic minorities.

The UNHRC was established by the UN General Assembly in 2006 to replace the UN
Commission on Human Rights that had been strongly criticized for allowing countries with poor
human rights records to be members.

The Commission which was set up in 1946 started its functions in two distinct phases.

During the first phase, the Commission worked on promoting human rights, and maintained the
principle of sovereignty. During the second phase, the Commission adopted the policy of
interventionism.

One of the most important tasks entrusted to the Commission has been the elaboration of human
rights standards. In 1948 it concluded work on the landmark Universal Declaration of Human
Rights. Since then it has developed standards relating, inter alia, to the right to development,
civil and political rights, economic, social and cultural rights, the elimination of racial
discrimination, torture, the rights of the child and the rights of human rights defenders.

All States that accept these standards are obliged to implement the rights they entail and to report
regularly to international bodies set up to monitor their compliance.

Human rights standards have little value if they are not implemented. Consequently, the
Commission devotes much of its time to examining issues of implementation. Some of its work
is particularly sensitive, generating extensive debate and often disagreement. Its network of
mechanisms - experts, representatives and rapporteurs - plays an important role in reporting to

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the Commission annually. Information received from Governments, non-governmental
organizations and individuals is used in the preparation of these reports.14

Composition

14
https://www.ohchr.org/EN/HRBodies/CHR/Pages/Background.aspx accessed on 27.10.2019 at 10:21 PM

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The members of the General Assembly elect the members who occupy the UNHRC's 47 seats.
The term of each seat is three years, and no member may occupy a seat for more than two
consecutive terms. The seats are distributed among the UN's regional groups as follows: 13 for
Africa, 13 for Asia, six for Eastern Europe, eight for Latin America and the Caribbean
(GRULAC), and seven for the Western European and Others Group (WEOG). The previous
CHR had a membership of 53 elected by the Economic and Social Council (ECOSOC) through a
majority of those present and voting.

The Council consists of 47 members, elected yearly by the General Assembly for staggered
three-year terms. Members are selected via the basis of equitable geographic rotation using the
United Nations regional grouping system. Members are eligible for re-election for one additional
term, after which they must relinquish their seat

The seats are distributed along the following lines:

13 for the African Group

13 for the Asia-Pacific Group

6 for the Eastern European Group

8 for the Latin American and Caribbean Group

7 for the Western European and Others Group15

As of 1 January 2019, 114 UN member States will have served as Human Rights Council
Members, reflecting the UN‟s diversity and giving the Council legitimacy when speaking out on
human rights violations in all countries.

The Bureau of the Council consists of five people - one President and four Vice-presidents -
representing the five regional groups. They serve for a year, in accordance with the Council's
annual cycle.

15
https://www.ohchr.org/EN/HRBodies/HRC/Pages/Membership.aspx accessed on 27.10.2019 at 11:19 PM

36 | P a g e
The United States had earlier decided that it wont seek an issue on the Council in 2006. But
things changed when President Barack Obama said that US would be seeking a seat on the
council and US has been an active member of the UNHRC ever since.

Functions

The Council serves as a forum for dialogue among States, with input from other stakeholders. As
a result of its discussions, the Council may issue resolutions calling on States to take specific
actions or uphold certain principles, or it may create mechanisms to investigate or monitor
questions of concern.

The Human Rights Council has created or renewed the mandates of various “special
procedures.” The special procedures are experts appointed to monitor human rights around
priority themes or in specific countries with serious human rights problems. The special
procedures may be individual experts (“special rapporteurs” or “independent experts”) or
working groups.

The Council also manages the Universal Periodic Review, a process through which each UN
Member State‟s overall human rights record is reviewed.

In addition, the Council receives complaints alleging patterns of human rights violations, which
are considered by the Working Group on Communications and may be referred to the Working
Group on Situations. The Working Group on Situations reports substantiated claims of consistent
patterns of gross violations to the Council and makes recommendations for action.16

Due to the confidential manner of the procedure, it is almost impossible to find out what
complaints have passed through the procedure and also how effective the procedure is.History
shows that the procedure works almost in a petition like way; if enough complaints are received
then the UNHRC is very likely to assign a special rapporteur to the state or to the issue at hand.
It has been said that an advantage of the procedure is the confidential manner, which offers the
ability to engage with the state concerned through a more process, which can produce better
results than a more adversarial process of public accusation.17

16
https://ijrcenter.org/un-human-rights-council/ accessed on 27.10.2019 at 11:40 PM
17
https://en.wikipedia.org/wiki/United_Nations_Human_Rights_Council accessed on 27.10.2019 at 11:44 PM

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Sessions

The Council conducts its substantive work primarily in Regular Sessions and Special Sessions.
Regular Sessions are held no fewer than three times a year, usually in March, June, and
September.

The agenda and program of work for each Session are established with respect to any adopted
Council resolutions and in consultation with Member States. Regular Sessions include the
presentation of human rights reports and interactive dialogues with Special Procedure mandate
holders or Member States, panel discussions and debates on a wide range of human rights issues,
and consideration of Universal Periodic Review reports.

Council Special Sessions address urgent human rights situations arising between Regular
Sessions and may be called at the request of any Council Member State with the support of at
least one third of the Council membership.

Having a more narrow remit than Regular Sessions, Special Sessions usually occupy a few days,
with programs of work focused on the discussion of the urgent human rights situation raised and
deliberations around the concluding resolution to be adopted by the Council.18

General Assembly Resolution 60/251 explicitly acknowledges that “non-governmental

organizations play an important role at the national, regional and international levels, in the
promotion and protection of human rights” and further determines that the Council should work
“in close cooperation in the field of human rights with Governments, regional organizations,
national human rights institutions and civil society.”

18
Supra, note 6

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Issues and controversies

The United Nations Human Rights Council has not been effective in achieving the goal of
universal upholding of the human rights because in most of the cases it lacks enforcing power.
Also it has been attacked for biaseness. To add to it, the membership of the HRC often consists
of authoritarian regimes like Iran, Saudi Arabia, Qatar etc., which have a huge track record of
violating human rights, public executions etc.

The HRC has condemned Israel for the most number of times at 78 than any other country in the
world, especially for the Israel-Palestine conflict in the West Bank and the Gaza Strip. By April
2007, the Council had passed eleven resolutions condemning Israel, the only country which it
had specifically condemned.The council voted on June 30, 2006 to make a review of alleged
human rights abuses by Israel a permanent feature of every council session. The council's special
rapporteur on the Israeli–Palestinian conflict is its only expert mandate with no year of expiry.
The resolution, which was sponsored by Organisation of the Islamic Conference, passed by a
vote of 29 to 12 with five abstentions. Human Rights Watch urged it to look at international
human rights and humanitarian law violations committed by Palestinian armed groups as well.
Human Rights Watch called on the Council to avoid the selectivity that discredited its
predecessor and urged it to hold special sessions on other urgent situations, such as that in
Darfur19

Whereas, in Sudan, a country deeply effected by Hman Rights Violations, the HRC has merely
expressed “Deep Concern”

To add to it, the violation of Human Rights of Palestinians have also not been addressed.

Human rights advocates argue that the council is a toothless debating society with no impact
outside geneva. They are frustrated with the machinations and secret handshakes in the halls of
the Palais des Nations in Geneva that often lead to time-consuming debates on points of order
and feckless resolutions like “human rights and international solidarity.”20 This allegation can

19
http://www.washingtonpost.com/wp-dyn/content/article/2007/06/24/AR2007062401373.html accessed on
27.10.2019 at 12:13 AM
20
https://www.brookings.edu/opinions/5-myths-about-the-u-n-human-rights-council/

39 | P a g e
actually be substantiated by looking at the poor response of the HRC in case of violations in
Syria and Iraq both by the Army and the militants.

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 WEBLIOGRAPHY

 en.wikipedia.org
 www.washingtonpost.com
 www.washingtonpost.com
 www.brookings.edu
 www.middleeastmonitor.com
 www.ohchr.org
 ijrcenter.org
 ww.un.org

BIBLIOGRAPHY

 HO Aggarwal, International Rights and Human Rights, Central Law Publications, Allahabad,
19th edition.

 Oppenheim, 'International Law'

 Dhyani, S.N., Fundamentals of Jurisprudence- The Indian Approach

 Basu D.D., Human Rights in Constitutional Law, (1994)

 Singh, Paramanand, ―What are Human Rights

 Kaul, Jawahar L. (ed.), Human Rights; Issues, and Perspectives.

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