Peace And Human Rights Essay Samples

A Short History of Human Rights

The belief that everyone, by virtue of her or his humanity, is entitled to certain human rights is fairly new. Its roots, however, lie in earlier tradition and documents of many cultures; it took the catalyst of World War II to propel human rights onto the global stage and into the global conscience.

Throughout much of history, people acquired rights and responsibilities through their membership in a group – a family, indigenous nation, religion, class, community, or state. Most societies have had traditions similar to the "golden rule" of "Do unto others as you would have them do unto you." The Hindu Vedas, the Babylonian Code of Hammurabi, the Bible, the Quran (Koran), and the Analects of Confucius are five of the oldest written sources which address questions of people’s duties, rights, and responsibilities. In addition, the Inca and Aztec codes of conduct and justice and an Iroquois Constitution were Native American sources that existed well before the 18th century. In fact, all societies, whether in oral or written tradition, have had systems of propriety and justice as well as ways of tending to the health and welfare of their members.

 

Precursors of 20th Century Human Rights Documents

Documents asserting individual rights, such the Magna Carta (1215), the English Bill of Rights (1689), the French Declaration on the Rights of Man and Citizen (1789), and the US Constitution and Bill of Rights (1791) are the written precursors to many of today’s human rights documents. Yet many of these documents, when originally translated into policy, excluded women, people of color, and members of certain social, religious, economic, and political groups. Nevertheless, oppressed people throughout the world have drawn on the principles these documents express to support revolutions that assert the right to self-determination.

Contemporary international human rights law and the establishment of the United Nations (UN) have important historical antecedents. Efforts in the 19th century to prohibit the slave trade and to limit the horrors of war are prime examples. In 1919, countries established the International Labor Organization (ILO) to oversee treaties protecting workers with respect to their rights, including their health and safety. Concern over the protection of certain minority groups was raised by the League of Nations at the end of the First World War. However, this organization for international peace and cooperation, created by the victorious European allies, never achieved its goals. The League floundered because the United States refused to join and because the League failed to prevent Japan’s invasion of China and Manchuria (1931) and Italy’s attack on Ethiopia (1935). It finally died with the onset of the Second World War (1939).

 

The Birth of the United Nations

The idea of human rights emerged stronger after World War II. The extermination by Nazi Germany of over six million Jews, Sinti and Romani (gypsies), homosexuals, and persons with disabilities horrified the world. Trials were held in Nuremberg and Tokyo after World War II, and officials from the defeated countries were punished for committing war crimes, "crimes against peace," and "crimes against humanity."

Governments then committed themselves to establishing the United Nations, with the primary goal of bolstering international peace and preventing conflict. People wanted to ensure that never again would anyone be unjustly denied life, freedom, food, shelter, and nationality. The essence of these emerging human rights principles was captured in President Franklin Delano Roosevelt’s 1941 State of the Union Address when he spoke of a world founded on four essential freedoms: freedom of speech and religion and freedom from want and fear (See Using Human Rights Here & Now). The calls came from across the globe for human rights standards to protect citizens from abuses by their governments, standards against which nations could be held accountable for the treatment of those living within their borders. These voices played a critical role in the San Francisco meeting that drafted the United Nations Charter in 1945.

 

The Universal Declaration of Human Rights

Member states of the United Nations pledged to promote respect for the human rights of all. To advance this goal, the UN established a Commission on Human Rights and charged it with the task of drafting a document spelling out the meaning of the fundamental rights and freedoms proclaimed in the Charter. The Commission, guided by Eleanor Roosevelt’s forceful leadership, captured the world’s attention.

On December 10, 1948, the Universal Declaration of Human Rights (UDHR) was adopted by the 56 members of the United Nations. The vote was unanimous, although eight nations chose to abstain.

The UDHR, commonly referred to as the international Magna Carta, extended the revolution in international law ushered in by the United Nations Charter – namely, that how a government treats its own citizens is now a matter of legitimate international concern, and not simply a domestic issue. It claims that all rights are interdependent and indivisible. Its Preamble eloquently asserts that:

    [R]ecognition 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 influence of the UDHR has been substantial. Its principles have been incorporated into the constitutions of most of the more than 185 nations now in the UN. Although a declaration is not a legally binding document, the Universal Declaration has achieved the status of customary international law because people regard it "as a common standard of achievement for all people and all nations."

 

The Human Rights Covenants

With the goal of establishing mechanisms for enforcing the UDHR, the UN Commission on Human Rights proceeded to draft two treaties: the International Covenant on Civil and Political Rights (ICCPR) and itsoptional Protocol and the International Covenant on Economic, Social and Cultural Rights (ICESCR). Together with the Universal Declaration, they are commonly referred to as the International Bill of Human Rights. The ICCPR focuses on such issues as the right to life, freedom of speech, religion, and voting. The ICESCR focuses on such issues as food, education, health, and shelter. Both covenants trumpet the extension of rights to all persons and prohibit discrimination.

As of 1997, over 130 nations have ratified these covenants. The United States, however, has ratified only the ICCPR, and even that with many reservations, or formal exceptions, to its full compliance. (See From Concept to Convention: How Human Rights Law Evolves).

 

Subsequent Human Rights Documents

In addition to the covenants in the International Bill of Human Rights, the United Nations has adopted more than 20 principal treaties further elaborating human rights. These include conventions to prevent and prohibit specific abuses like torture and genocide and to protect especially vulnerable populations, such as refugees (Convention Relating to the Status of Refugees, 1951), women (Convention on the Elimination of All Forms of Discrimination against Women, 1979), and children (Convention on the Rights of the Child, 1989). As of 1997 the United States has ratified only these conventions:

    The Convention on the Elimination of All Forms of Racial Discrimination

    The Convention on the Prevention and Punishment of the Crime of Genocide

    The Convention on the Political Rights of Women

    The Slavery Convention of 1926

    The Convention against Torture and Other Cruel, Inhuman or Degrading  Treatment or Punishment

In Europe, the Americas, and Africa, regional documents for the protection and promotion of human rights extend the International Bill of Human Rights. For example, African states have created their own Charter of Human and People’s Rights (1981), and Muslim states have created the Cairo Declaration on Human Rights in Islam (1990). The dramatic changes in Eastern Europe, Africa, and Latin America since 1989 have powerfully demonstrated a surge in demand for respect of human rights. Popular movements in China, Korea, and other Asian nations reveal a similar commitment to these principles.

 

The Role of Nongovernmental Organizations

Globally the champions of human rights have most often been citizens, not government officials. In particular,nongovernmental organizations (NGOs)have played a cardinal role in focusing the international community on human rights issues. For example, NGO activities surrounding the 1995 United Nations Fourth World Conference on Women in Beijing, China, drew unprecedented attention to serious violations of the human rights of women. NGOs such as Amnesty International, the Antislavery Society, the International Commission of Jurists, the International Working Group on Indigenous Affairs, Human Rights Watch, Minnesota Advocates for Human Rights, and Survivors International monitor the actions of governments and pressure them to act according to human rights principles.

Government officials who understand the human rights framework can also effect far reaching change for freedom. Many United States Presidents such as Abraham Lincoln, Franklin Roosevelt, Lyndon B. Johnson, and Jimmy Carter have taken strong stands for human rights. In other countries leaders like Nelson Mandela and Vaclev Havel have brought about great changes under the banner of human rights.

Human rights is an idea whose time has come. The Universal Declaration of Human Rights is a call to freedom and justice for people throughout the world. Every day governments that violate the rights of their citizens are challenged and called to task. Every day human beings worldwide mobilize and confront injustice and inhumanity. Like drops of water falling on a rock, they wear down the forces of oppression and move the world closer to achieving the principles expressed in the Universal Declaration of Human Rights.

Source: Adapted from David Shiman, Teaching Human Rights, (Denver: Center for Teaching International Relations Publications, U of Denver, 1993): 6-7.

 

 

Protection and Promotion of Human Rights

for Peace and Development

A Dissertation Presented to

Calamus International University

(British West Indies)

27 Old Gloucester Street

London WC1N 3X

United Kingdom

In the Fulfillment of the Requirements for the Degree of

Doctor of Philosophy

By Dr Mohammed Yeasin Khan LLB Honours, LLM, PhD

October 2007

Abstract

This dissertation explores issues of international human rights law to investigate the needs and ways for protection and promotion of human rights for peace and development in the world. Therefore, in this dissertation, an inter-disciplinary approach has been taken to find out a concrete theory of continuous world peace as well as for sustainable development worldwide on the basis of an investigative study of the respective issues therein based on the prevailing world situations and individual, collective, state and international response on human rights abuses, adopted remedial measures, lapses and recommendations.

This dissertation tests five hypotheses which stem from this studies.

First: ‘Right’ being synonymous of ‘legal’ and antonymous of both ‘wrong’ and ‘illegal’, every ‘right’ of any human person is ipso facto a ‘legal right’ which deserves protection of law and legal remedy irrespective of having being written into the law, constitution or otherwise in any country.

Second: Every human being is subject to live and let live the others jointly in the world with common basic needs and realities among themselves and to fulfill such needs for survival, security, prosperity and peace, man, irrespective of gender, race and colour is ‘one to one-cum-one for other’ dependent or ‘inter’ dependent and thereby every human person naturally inherits a ‘man for man’ plus ‘one to one-cum-one for other’ approach of thinking, living and working.

Third: For protection and promotion of human rights for continuous peace and development worldwide, it is imperative for every human being to work for the unity of the world community and to act upon the idea of non-clash, non-violence and non-discrimination vis-à-vis brotherhood, love and equality. These objectives aim a borderless global standard and a New World Order, namely, a ‘man for man’ plus ‘one to one-cum-one for other’ approach and treatment and side by side to ensure that none remains outside such process.

Fourth: For protection and promotion of human rights for continuous peace and development worldwide, instead of making enmity or making target of guns and bringing within the range of high-tech missiles or sophisticated nuclear weapons, every human being needs to make target to earn, acquire and possess the ideals of brotherhood, love, equality, prosperity and peace in him/herself and thereby get prepared to be embraced as an ‘Ambassador of World Peace’.

Fifth: The only way to make the world terrorism and war free and to confirm peace and development worldwide is the unity of the world community in one and single theory of ‘man for man’ correlative, interdependent and ‘one to one-cum-one for other’ approach, namely, the ‘Man for Man Theory’ approach of world peace.

Using historical and institutional analysis of the development of international human rights law in the world I looked at the evolution of important policy implications of human rights protection, promotion and abuses vis-à-vis lapses and recommendations.

In order to study the changes in the human rights protection and promotion scenario in national and international level an attempt has been made to illustrate the views of leading persons in legal profession and human rights activists towards ‘man for man’ plus ‘one to one-cum-one for other’ approach of ‘treating human rights as legal rights’ to works for the unity of the world community and to act upon the said idea to keep the world terrorism and war free and to confirm peace and development worldwide and the relevant issues have been considered to understand the developments of future human rights law.

The findings of this dissertation have important policy implications and recommendations. I argue that development in human rights law implies to treat human rights as legal rights in a New World Order.

I end this dissertation by suggesting that for protection and promotion of human rights for peace and development in the world the ‘man for man’ plus ‘one to one-cum-one for other’ approach namely, the ‘Man for Man Theory’ approach should imply as the ‘Theory of World Peace’ in the ‘New World Order’.

Contents

Abstracts

Chapter 1

1 Introduction

Chapter 2

2.1 Methodology

2.2 Hypothesis

2.3 Experimental Works

2.4 Organisation of the Dissertation

2.5 Summary

Chapter 3

3.1 The Definition and Need for Protection and Promotion of Human Rights

3.2 Ways and Norms for Protection of Human Rights

3.3 Criteria of Human Rights Protection

3.4 Charter of the United Nations

3.5 Universal Declaration of Human Rights

3.6 Summary

Chapter 4

4.1 Protection and Promtion of Human Rights forInternational Peace and Security


4.1.1 The Role of United Nations in Promotion andProtection of Human Rights

4.1.1.1 United Nations Intergovernmental Bodies Dealing with Human Rights

4.1.1.2 Establishment of International Human Rights Standards

4.1.1.3 Mechanisms for Protection of Human Rights

4.1.1.4 UN Human Rights Advisory Services and Technical Assistance

4.1.1.5 Good offices of the Secretary General


4.2 Integrating Human Rights for Peace and Development in the World

4.2.1 Eliminating Poverty and Sustaining Livelihoods

4.2.2 Developing Capacity for Good Governance

4.2.3 The Right to Development

4.2.4 The Declaration on the Right to Development

4.2.4.1 The Component Rights of the Human Right to Development Include

4.2.5 Obligations of States (Individual)

4.2.6 Obligations of States (Collective)

4.3 United Nations and Human Rights Organisations


4.3.1 The Role of UNHCHR

4.3.1.1 Mandate of the High Commissioner

4.3.1.2 The Human Rights Council

4.3.1.3 The Security Council

4.3.1.4 The International Criminal Court

4.4 The Role of Non-Governmental Organisations

4.5 Summary

Chapter 5

5.1 Philosophical Analysis of the Concept of Human Rights

5.1.1 Moral and Legal Rights

5.1.2 Philosophical Justification of Human Rights

5.1.2.1 The Interest Theory Approach

5.1.2.2 The Will Theory Approach

5.2 Summary

Chapter 6

6.1 Visiting Hypotheses and Recommendations

6.1.1 Treating Human Rights as Legal Rights: Visiting First Hypotheses

6.1.2 New World Order: Visiting Second and Third Hypotheses

6.1.3 Man for Man Theory Approach: The Theory of World Peace:Visiting Fourth and Five Hypothesis

Chapter 7

7. Conclusion

7.1 Suggestions for Further Research

Bibliography

Chapter 1

1. Introduction

“Human rights and fundamental freedoms are the birth right of all human beings”[1] and since 1948, this principle has been generally accepted in international instruments and has contributed to the substantive development of international human rights law for protection and promotion of both individual and universal human rights. But still, individuals and groups around the world continuously become victim of human rights violations. In this regard, the hour to hour and daily reports of electronic and print media hearing and reading makes quite disturbing the world people at large.

Instances of human rights violations are legion and they do not paint a picture of a world in which human rights are respected.[2] A cursory glance is sufficient highlight the abuses sustained by for example women, children, refugees and prisoners.[3] As reported in 2001, some 3,00,000 children under the age of 18 years were thought to be fighting in conflicts round the world. 14 million children were refugees or internally displaced within their own countries as a result of conflicts—UNICEF estimated that some 12 million children under the age of five die every year from preventable disease; some 10.3 million young people between the age of 15 and 24 years had have AIDS or were HIV infected, there were 5,00,000 to 8,00,000 orphans in South Africa alone through AID and it was estimated that that figure would have risen to 1.5 million by 2005.[4] According to th same source of information of the same year as mentioned herein above, one hundred and thirty million children was still not receiving education, some 900 million people, that is one sixth of the world’s population over the age of 15 were illiterate, 60 million girl children were not alive because they were of the female gender, some 90 percent of girl children in certain communities in Asia were sold into prostitution and the number for boys was increasing, children were deliberately maimed because a cripple child beggar was more appealing.[5]

Unfortunately, the above scenario of human rights violations around the world has remained unchanged. Moreover, the numbers of victims and areas of human rights violations is increasing day by day in an alarming manner. Although, the world is witnessing so-called developments of many fortunates in the context of educational facilities, art and literature, astronomical, scientific and technological knowledge, discoveries, inventions, industrialisations, multilateral ways of communications, access to information and even in so many types of adventures such as conquering the moon, the mars and other celestial bodies in the sky one after another, but, after a first fifty years celebration of the founding of the United Nations Organisation and the adoption of Universal Declaration of Human Rights, and in the beginning of the third millennium and the twenty first century, because of the random violations of human in a very rubbish manner and because of continuous race of conflict, armament and war around the world, ‘peace’, the dreamed touchstone of humankind and the fundamental prerequisite for ultimate progress and development in the world, has made its appearance unavailable.

Human person being the central subject of peace and development and all human beings having the responsibility for establishing peace and achieving development individually and collectively, taking into account the need for full respect for human rights and fundamental freedoms to practice tolerance and to live together in peace with one another as good neighbours, human community needs to concentrate all out efforts that aim at the constant improvement of the well-being of the entire population and all individuals on the basis of the benefits resulting therefrom.

In this regards, the world peoples need to raise a single voice against any activity of unworthy conflict, terrorism and war and in favour of universal peace and development, and that voice is absolutely a single voice of millions and millions of people around the world with a single vision and mission of achieving ultimate peace and development of the world people as a whole. Therefore, to confirm continuous peace and development worldwide it is imperative to make the world terrorism and war free at the earliest.

The matters always concerned in keeping the world terrorism and war free and to confirm continuous peace and development worldwide having been crying human needs are the issues of ‘life, food, dress, shelter, education, religion, culture, health, environment, employment, marriage and choice of spouse, security, freedom, democracy, good governance, equality and justice etc. which give birth to various rights of every individual irrespective of gender, religion, race, colour, language, caste, place of birth, political or other opinion, national or social which deserve remedial measures and protection of law for peace and equal development of all. But in the present day world as no individual and no country exists in isolation and as all we live simultaneously in our own communities and in the world at large we all are very much connected and interdependent and therefore human rights being universally inherent, inalienable and inviolable rights of all members of the human family which the states and their public authorities are to ensure for the people, need global treatment across the planet’.[6]

The denial of human rights is not only an individual and personal tragedy, it also creates conditions of social and political unrest sowing the seeds of violence and conflict within and between societies and nations and as such as a result of work of government, non-government, national, regional and international organisations around the glove human rights transcend national boundaries and jurisdiction and thereby go beyond the jurisdiction of a particular nation’s public law.[7]

The charter of United Nations imposes clear, compelling, legal obligations on all member-nations/states to promote economic and social development and human rights through collective and individual efforts. The human rights groups throughout the world are performing commendable tasks drawing attention to violation of human rights and taking steps to implement these rights, protecting one against person, repressive society and polluted environment, and above all, man-made bad laws. But what is needed is action derived from collective wisdom if we are to bequeath a happy peaceful and developed world. To attain the goal, equal protection of law, equal and reasonable opportunities for everybody to avail the course of law to improve out quality of life is a must.[8]

A successful investigation to find out proper guidance for protection and promotion of human rights for peace and development in the world is an international human need.

Therefore, the research topic for PhD in Human Rights Law titled ‘Protection and Promotion of Human Rights for Peace and Development’ has been chosen and the aim of the thesis is to investigate the (a) needs and (b) ways for (c) protection and (d) promotion of (e) human rights for (f) peace and (g) development in (h) the world.

Through this investigation I propose to find out a concrete theory of continuous world peace and as well as for sustainable development worldwide on the basis of an investigative study of the respective issues therein based on the prevailing world situations and individual, collective, state and international response on human rights abuses, adopted remedial measures, lapses and recommendations.


[1]{C} Vienna Declaration, 1993, para1.

[2]{C} International Human Rights Text and Materials By Professor Rebecca Wallace with Kenneth Dale-Risk, Sweet and Maxwell, London 2001, para 1, page v.

[3]{C} Ibid, para 2, Page vii. [4]{C} Ibid para 3, page v. [5]{C} Ibid.

[6]{C} My Article “Human Rights in 21st Century: Future Challenges” Published in The Independent, Dhaka, Bangladesh as its Editorial on 22 January 2001.

[7]{C} Ibid. [8]{C} Ibid.

Chapter 2

2.1 Methodology

The present pursuit studied the legal documents and the empirical researches that have been conducted. United Nations publications concerning human rights, human rights laws, document and publications of national and international organisations, case laws, journals, research papers relevant to the study have been analysed and documented in accordance with recognised process of documentation of social science, laws and legal jurisprudence.

2.2 Hypothesis

Because, human rights are generally defined as those rights which are inherent in our nature and without which we can not live as human beings, it is hypothesised that:

H1: ‘Right’ being synonymous of ‘legal’ and antonymous of both ‘wrong’ and ‘illegal’, every ‘right’ of any human person is ipso facto a ‘legal right’ which deserves protection of law and legal remedy irrespective of having being written into the law, constitution or otherwise in any country.

Because right to life, security, prosperity and peace are basic human rights and human beings are interdependent each other, it is hypothesised that:

H2: Every human being is subject to live and let live the others jointly in the world with common basic needs and realities among themselves and to fulfill such needs for survival, security, prosperity and peace, man, irrespective of gender, race, religion and colour, is ‘one to one-cum-one for other’ dependent or ‘inter’ dependent and thereby every human person naturally inherits a ‘man for man’ plus ‘one to one-cum-one for other’ approach of thinking, living and working.

Because in present scenario division, clash, violence, discrimination, poverty, injustice, arms race, nuclear weaponry, terrorism and war are major cause of human rights abuses and threat to peace and development of the world, it is hypothesised that:

H3: For protection and promotion of human rights for continuous peace and development worldwide, it is imperative for every human being to work for the unity of the world community and to act upon the idea of non-clash, non-violence and non-discrimination vis-à-vis brotherhood, love and equality. These objectives aim a borderless global standard and a New World Order, namely, a ‘man for man’ plus ‘one to one-cum-one for other’ approach and treatment and side by side to ensure that none remains outside such process.

H4: For protection and promotion of human rights for continuous peace and development worldwide, instead of making enmity or making target of guns and bringing within the range of high-tech missiles or sophisticated nuclear weapons, every human being needs to make target to earn, acquire and possess the ideals of brotherhood, love, equality, prosperity and peace in himself or herself and thereby get prepared to be embraced as an ‘Ambassador of World Peace’.

H5: The only way to make the world terrorism and war free and to confirm peace and development worldwide is the unity of the world community in one and single theory of ‘man for man’ correlative, interdependent and ‘one to one-cum-one for other’ approach, namely, the ‘Man for Man Theory’ approach of world peace.

2.3 Experimental Works

As part of my experimental works I have had opportunities to illustrate the views of leading persons in legal profession, human rights activists and journals/newspapers towards human rights issues and ‘man for man’ plus ‘one to one-cum-one for other’ approach ‘treating human rights as legal rights’ to unite the world community in slogan ‘man for man for peace and development in the world’ to keep the world terrorism and war free and to confirm continuous peace and development worldwide was demonstrated through nationwide study in Bangladesh. A total 50 leading lawyers-cum-human rights activists from different Bar Associations of Bangladesh had been interviewed/ consulted. 100% response had been in the affirmative i.e. in response all of them had expressed their willingness to share with their efforts to such activities under the banner of three newly launched organisations ‘Bangladesh Legal Rights Association (BLRA)’ (an organisation first of its kind in the world) ‘Man for Man International (MMI)’ and ‘Centre for Global Water and Environment Management Law Research (CGWEMLR)’ where I am now representing as ‘President’ of BLRA and ‘Chairman’ of MMI and CGWEMLR respectively. During this study I found the role of National Dailies of Bangladesh, especially the leading daily English newspapers published from Dhaka, Bangladesh namely, The Independent, The New Nation and The Financial Express in which the launching news of these organisations was published with a short details of aims and objectives with much importance. In this regard I received a warm response from London based international organisation ‘GREENPEACE ENVIRONMENTAL TRUST’ by a letter signed by Trust Administrator ‘Maurice Trotman’ who conveyed their congratulation to me on my election to ‘Man for Man International’, ‘Centre for Global Water and Environment Management law Research’ and the ‘Bangladesh Legal Rights Association’ and also wished my success for the future. An important piece of work, in which, in the beginning of 21st century and the Third Millennium, I experienced the needs of human rights issues to be remedied globally, is selection of my article titled ‘Human Rights in 21st Century: Future Challenges’[1] published on 28 January, 2000 in ‘The Independent’—the renowned daily English newspaper of (Dhaka) Bangladesh, as its EDITORIAL where I found:

  • The dawn of the 21st century and the Third Millennium has set in with the realities to face the newer human rights challenges to address the basic needs of people universally and internationally. A continuous process of demanding changes in human rights perspective for globalisation has also started.
  • Human issues are concerned with life, food, dress, shelter, education, religion, culture, health, environment, employment, marriage and choice of spouse, security, freedom, democracy, good governance, equality and justice etc. which give birth to various rights of every individual irrespective of gender, religion, race, colour, language, caste, place of birth, political or other opinion, national or social. So all such rights deserve remedial measures and protection of law for peace and equal development of all.
  • In the present day world as no individual and no country exists in isolation and as all we live simultaneously in our own communities and in the world at large we all are very much connected and interdependent and therefore human rights being universally inherent, inalienable and inviolable rights of all members of the human family which the states and their public authorities are to ensure for the people, need global treatment across the planet.
  • The denial of human rights is not only an individual and personal tragedy. It also creates conditions of social and political unrest sowing the seeds of violence and conflict within and between societies and nations and as such as a result of work of government, non-government, national, regional and international organisations around the globe human rights transcend national boundaries and jurisdiction and thereby go beyond the jurisdiction of a particular nations public law.
  • The UN has the responsibility as the global institution to stress the global nature of the crisis and to insist on the need of global solution based on global rules that are fair to all. It is the job of the UN to ensure that nations do not react to global crisis by turning their backs on universal values and the UN must be key player in the search for solutions that preserve the benefits of globalisation, while protecting those who have suffered or up to now have been left out.

2.4 Organisation of the Dissertation

The present thesis comprises Seven Chapters. Chapter One deals with the Introduction. Chapter Two discusses Methodology, Hypothesis, Experimental Works, Organisation of the Dissertation and Summary. Chapter Three discusses the Definition and Need for Protection and Promotion of Human Rights, the Ways and Norms for Protection of Human Rights, the Criteria of Human Rights Protection, the Charter of the United Nations, the Universal Declaration of Human Rights and Summary. Chapter Four demonstrates Protection and Promtion of Human Rights for International Peace and Security, the Role of United Nations in Promotion and Protection of Human Rights, United Nations Intergovernmental Bodies, Dealing with Human Rights, Establishment of International Human Rights Standards, Mechanisms for Protection of Human Rights, UN Human Rights Advisory Services and Technical Assistance, Good offices of the Secretary General, Integrating Human Rights for Peace and Development in the World, Eliminating Poverty and Sustaining Livelihoods, Developing Capacity for Good Governance, the Right to Development, the Declaration on the Right to Development, the Component Rights of the Human Right to Development Include, Obligations of States (Individual), Obligations of States (Collective), United Nations and Human Rights Organisations, the Role of UNHCHR, Mandate of the High Commissioner, the Human Rights Council, the Security Council, the International Criminal Court, the Role of Non-Governmental Organisations and Summary. Chapter Five focuses Philosophical Analysis of the Concept of Human Rights, Moral and Legal Rights, Philosophical Justification of Human Rights, Interest Theory Approach, Will Theory Approach and Summary. Chapter Six contain Hypotheses Revisited and Recommendations, Treating Human Rights as Legal Rights: Revisiting First Hypotheses, New World Order: Revisiting Second and Third Hypotheses, Man for Man Theory Approach: The Theory of World Peace: Revisiting Fourth and Fifth Hypotheses and Chapter Seven includes Conclusion and Suggestions for Further Research.

2.5 Summary

  • Experimental works illustrates views that favours a ‘man for man’ plus ‘one to one-cum-one for other’ approach, namely, the ‘Man for Man Theory’ approach for the unity of the world community to keep the world terrorism and war free and to confirm peace and development worldwide.
  • The Third Millennium has set in with the realities to face the newer human rights challenges to address the basic needs of food, dress, shelter, education, religion, culture, health, environment, employment, marriage and choice of spouse, security, freedom, democracy, good governance, equality and justice for peace and equal development of all throughout the world.
  • As global institution the UN has the responsibility to stress the global nature of the crisis and to insist on the need of global solution based on global rules that are fair to all ensuring that nations do not react to global crisis by turning their backs on universal values and further that none is left out from any process required to achieve ultimate peace and development in the world.
  • In the present day world we all are very much connected and interdependent.

[1]{C} “Human Rights in 21st Century: Future Challenges” Published in The Independent, Dhaka, Bangladesh as its Editorial on 22 January 2001.

Chapter 3

3.1 The Definition and Need for Protection and Promotion of Human Rights

The very needs for protection and promotion of human rights are mirrored in the definition and concept of the same.

Connoting the word ‘human’ as ‘things relating to man or mankind’ and the word ‘right’ as ‘legal claim’ the words ‘human rights’ universally stand as ‘legal claim of man or mankind’[1] irrespective of gender, colour, race and religion.

These rights being fundamental requirements for existence of human beings are associated with the very birth of mankind[2] and according to the United Nations publication, could be generally defined as inherent rights in human nature without which none can live as a human being.[3]

All human beings are entitled to the basic human rights such as the right to life, liberty, freedom of expression and thought, equal protection of law and so many others which entitles every individual or groups vis-à-vis the government and also requires responsibilities of the individual and the government authorities.[4]

Irrespective of race, religion, colour or gender such rights being natural are neither earned nor could be denied and are protected by rules of law [5] and being treated as legal rights as distinct from and prior to law to be used as standards for formulation of both national and international law so that the conduct of government and military forces also strictly comply with such standards.[6]

Generally, it is believed, “the concept of international protection of human rights is firmly established in international human rights law.”[7]

Enjoying the status of International Law, human rights, as contained in the Charter of the United Nations and Universal Declaration of Human Rights, are the international and national standard of all aspects of the human behaviour as the Charter of Rights for mankind and any of their violation anywhere is the concern of everybody everywhere which view has also been confirmed by the world conference on Human Rights in the Vienna Declaration 1993 that the human rights are universal, invisible, interdependent and interrelated and when enacted into the national law of any country those become fundamental rights of the citizen of the country.[8]

The Human Rights concept as understood could be traced to the famous Atlantic Charter declaration during the course of second World War which contained among others “the right of all people to choose the form of government under which they will live” and to establish peace “which will afford all nations the means of dwelling in safety within their own boundaries and which will afford assurance that all the men in all lands live out their lives in freedom from fear and wants.”[9]

3.2 Ways and Norms for Protection of Human Rights

The ways for protectiona and promotion of human rights are portrayed in national and international human rights norms.

Human rights norms by legislative provisions exists at the national level as civil or constitutional rights through legislative enactment, judicial decision, or custom and at the international level as international law of human rights through treaties.

Human rights are such rights somehow innate or inherent in human beings as they are born with and are deeper than human decisions and legal enactments and that “people are ‘endowed by their Creator’ with natural rights to ‘life, liberty, and the pursuit of happiness’ and on this view, the Creator is the supreme lawmaker and enacted basic human rights.”[10]

As imperative norms of human behavior and part of actual human moralities human rights exist independently of legal enactment and therefore, “human rights can be seen as basic moral norms shared by all or almost all accepted human moralities being supported by strong moral and practical reasons.”[11]

3.3 Criteria of Human Rights Protection

There are more than two dozen specific human rights[12] that countries should respect and protect which can be divided into six or more families such as : (i) security rights, (ii) due process rights, (iii) liberty rights, (iv) political rights, (v) equality rights and (vi) social rights.

Among these rights Security Rights protect people against crimes such as murder, massacre, torture, and rape; Due Process Rightsprotect against abuses of the legal system such as imprisonment without trial, secret trials, and excessive punishments; Liberty Rights protect freedoms in areas such as belief, expression, association, assembly, and movement; Political Rights protect the liberty to participate in politics through actions such as communicating, assembling, protesting, voting, and serving in public office; Equality Rights guarantee equal citizenship, equality before the law, and nondiscrimination; and Social Rights require provision of education to all children and protections against severe poverty and starvation.

On the basis of defining features human rights can be explained as:

Human rights, as political norms, first deals mainly with how people should be treated by their governments and institutions. As Thomas Pogge puts it, "to engage human rights, conduct must be in some sense official."{C}[13] But one must be careful here since some rights, such as rights against racial and sexual discrimination are primarily concerned to regulate private behavior.[14]

Second, “A human rights can exist as shared norm of actual human moralities, as a justified moral norm supported by strong reasons, as a legal right at the national level, or as a legal right within international law.”[15]

Third, according to. John Locke's view ‘rights to life, liberty, and property were few and abstract’[16] but “human rights address specific problems guaranteeing fair trials, ending slavery, ensuring the availability of education and preventing genocide.”[17]

Fourth, human rights aim ‘protecting minimally good lives for all people.’[18] According to Henry Shue, human rights concern the "lower limits on tolerable human conduct" rather than "great aspirations and exalted ideals".{C}[19]

Fifth, human rights cover all countries and all people living in the earth and international law plays a crucial role in giving human rights global reach.

Sixth, human rights, according to Maurice Cranston are matters of "paramount importance" and their violation is "a grave affront to justice".{C}[20]

Seventh, although human rights need not be understood as ones that are irresistible but require robust justifications.[21]

Eighth, human rights have several features such as a person or agency having a particular right or more precisely, sometimes belonging to all people, sometimes to all citizens of all countries, sometimes all members of groups with particular vulnerabilities, and sometimes all ethnic groups.[22]

3.4 Charter of the United Nations

As ‘there are four prerequisites for the development of international organisation’[23] such as: (i) The world must be divided into a number of states as independent political units, (ii) A substantial measure of contact must exist between these sub-divisions, (iii) The states must develop an awareness of the problems which arise out of their coexistence, and (iv) on this basis they must recognise the need for creation of institutional devices and sympathetic methods for regulating their relations with each other, so, it was in the nineteenth century that these four prerequisites were satisfied in sufficient measure and in proper combination to bring about the birth of a modern international organisation.

The exigencies of global warfare- First and Second World Wars in the twentieth century forced states to organise for joint action and thereby “important international instrument came in 1945, just after the defeat of Axis Powers and the conclusion of war, when the State representatives of the Victorious Powers with some of the new countries met in San Francisco, USA and adopted the Charter of the United Nations, and thus brought into existence the international body of almost all the independent states of the world.”[24]

This Charter following the Atlantic Charter declaration proclaimed the sovereign equality of all nations and solving all disputes among the states by peaceful means.

In the Preamble[25] the founding fathers of the United Nations record their determination “to re-affirm faith in fundamental human rights, in the dignity and worth of human person, in the equal rights of men and women and of nations large and small…”.

Human rights and fundamental freedoms have been mentioned in Article 1, 13, 55, 62, 68 and 76 and specific functions have been endowed to the General Assembly, to the state parties to the United Nations, to the Economic and Social Council as well as to the Trusteeship Council.

One of the purposes of the United Nations, under Article 1, is “to develop friendly relations among nations based on respect for the principle of equal rights and self-determination of people”. Another is “to achieve international co-operation in solving international problems of economic, social, cultural or humanitarian character, and in promoting and encouraging respect for human rights and for fundamental freedoms for all without distinction as to race, sex, language or religion.”

Article 13 states that the General Assembly “shall initiate studies and make recommendations for the purposes of “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 distinctions as to race, sex, language or religion.”

Furthermore, two most important articles are Articles 55(c) and 56:

Article 55:

With a view to the creation of conditions of stability and well being which are necessary for peaceful and friendly relations among nations based on respect for the principles 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.

Article 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.

By virtue of the above two materially important articles, apart from obligations arising otherwise, all member states undertake an obligation of international accountability by pledging themselves to take joint and separate actions in protecting and promoting among others the purposes contained in International Bill of Human Rights and no member state of the United Nations can deny this international responsibility to which it is pledge bound.[26]

To identify and articulate various aspects of human rights such as political, economic and social and cultural there was a proposal but since all the then big powers, especially Soviet Union was in disagreement on some of them, it was decided that a committee, which was headed by Eleanor Roosevelt will thoroughly go into the matter and give a separate body of principle to be adopted by the United Nation, attracting the operation of articles 55 (c) and 56 and thus the Universal Declaration of Human Rights came into existence as adopted on December 10, 1948 .[27]

According to Article 62 the Economic and Social Council “ma make recommendations for the purposes of promoting respect for, and observance of, human rights and fundamental freedoms for all” and under Article 68 the United Nations requires the Economic and Social Council to “set up commissions in economic and social fields and for the promotion of human rights.” Under Article 76 the basic objectives of the trusteeship system are inter alia “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 independence of the people of the world…”

Thus, ‘for the first time in history, States assumed obligations to their own citizens as precisely and formally defined in many cases as the legal obligations they had hitherto owed to each other under the international law. Therefore, the moment any of the rules of this International Bill of Human Rights is written into the law, constitutional or otherwise, in any country that rule of human rights becomes the legal rights of the citizens, enforceable by the Court of law of the country’.[28]

3.5 Universal Declaration of Human Rights

Following the Charter, on the 10th December, 1948, the General Assembly adopted and proclaimed the Universal Declaration of Human Rights as “a common standard of achievement for all peoples and all nations.”[29]

In this historic act the Assembly called upon all Member countries to publicize the text of the Declaration and "to cause it to be disseminated, displayed, read and expounded principally in schools and other educational institutions, without distinction based on the political status of countries or territories." The full text of which appears as:{C}[30]

PREAMBLE

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,

Whereas disregard and contempt for human rights have resulted in barbarous acts which have outraged the conscience of mankind, and the advent of a world in which human beings shall enjoy freedom of speech and belief and freedom from fear and want has been proclaimed as the highest aspiration of the common people,

Whereas it is essential, if man is not to be compelled to have recourse, as a last resort, to rebellion against tyranny and oppression, that human rights should be protected by the rule of law,

Whereas it is essential to promote the development of friendly relations between nations,

Whereas the peoples of the United Nations have in the Charter reaffirmed their faith in fundamental human rights, in the dignity and worth of the human person and in the equal rights of men and women and have determined to promote social progress and better standards of life in larger freedom,

Whereas Member States have pledged themselves to achieve, in co-operation with the United Nations, the promotion of universal respect for and observance of human rights and fundamental freedoms,

Whereas a common understanding of these rights and freedoms is of the greatest importance for the full realization of this pledge,

Now, Therefore THE GENERAL ASSEMBLY proclaims THIS UNIVERSAL DECLARATION OF HUMAN RIGHTS as a common standard of achievement for all peoples and all nations, to the end that every individual and every organ of society, keeping this Declaration constantly in mind, shall strive by teaching and education to promote respect for these rights and freedoms and by progressive measures, national and international, to secure their universal and effective recognition and observance, both among the peoples of Member States themselves and among the peoples of territories under their jurisdiction.

Article 1.

All human beings are born free and equal in dignity and rights.They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood.

Article 2.

Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. Furthermore, no distinction shall be made on the basis of the political, jurisdictional or international status of the country or territory to which a person belongs, whether it be independent, trust, non-self-governing or under any other limitation of sovereignty.

Article 3.

Everyone has the right to life, liberty and security of person.

Article 4.

No one shall be held in slavery or servitude; slavery and the slave trade shall be prohibited in all their forms.

Article 5.

No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.

Article 6.

Everyone has the right to recognition everywhere as a person before the law.

Article 7.

All are equal before the law and are entitled without any discrimination to equal protection of the law. All are entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination.

Article 8.

Everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the constitution or by law.

Article 9.

No one shall be subjected to arbitrary arrest, detention or exile.

Article 10.

Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of his rights and obligations and of any criminal charge against him.

Article 11.

(1) Everyone charged with a penal offence has the right to be presumed innocent until proved guilty according to law in a public trial at which he has had all the guarantees necessary for his defence.

(2) No one shall be held guilty of any penal offence on account of any act or omission which did not constitute a penal offence, under national or international law, at the time when it was committed. Nor shall a heavier penalty be imposed than the one that was applicable at the time the penal offence was committed.

Article 12.

No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honour and reputation. Everyone has the right to the protection of the law against such interference or attacks.

Article 13.

(1) Everyone has the right to freedom of movement and residence within the borders of each state.

(2) Everyone has the right to leave any country, including his own, and to return to his country.

Article 14.

(1) Everyone has the right to seek and to enjoy in other countries asylum from persecution.

(2) This right may not be invoked in the case of prosecutions genuinely arising from non-political crimes or from acts contrary to the purposes and principles of the United Nations.

Article 15.

(1) Everyone has the right to a nationality.

(2) No one shall be arbitrarily deprived of his nationality nor denied the right to change his nationality.

Article 16.

(1) Men and women of full age, without any limitation due to race, nationality or religion, have the right to marry and to found a family. They are entitled to equal rights as to marriage, during marriage and at its dissolution.

(2) Marriage shall be entered into only with the free and full consent of the intending spouses.

(3) The family is the natural and fundamental group unit of society and is entitled to protection by society and the State.

Article 17.

(1) Everyone has the right to own property alone as well as in association with others.

(2) No one shall be arbitrarily deprived of his property.

Article 18.

Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship and observance.

Article 19.

Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.

Article 20.

(1) Everyone has the right to freedom of peaceful assembly and association.

(2) No one may be compelled to belong to an association.

Article 21.

(1) Everyone has the right to take part in the government of his country, directly or through freely chosen representatives.

(2) Everyone has the right of equal access to public service in his country.

(3) The will of the people shall be the basis of the authority of government; this will shall be expressed in periodic and genuine elections which shall be by universal and equal suffrage and shall be held by secret vote or by equivalent free voting procedures.

Article 22.

Everyone, as a member of society, has the right to social security and is entitled to realization, through national effort and international co-operation and in accordance with the organization and resources of each State, of the economic, social and cultural rights indispensable for his dignity and the free development of his personality.

Article 23.

(1) Everyone has the right to work, to free choice of employment, to just and favourable conditions of work and to protection against unemployment.

(2) Everyone, without any discrimination, has the right to equal pay for equal work.

(3) Everyone who works has the right to just and favourable remuneration ensuring for himself and his family an existence worthy of human dignity, and supplemented, if necessary, by other means of social protection.

(4) Everyone has the right to form and to join trade unions for the protection of his interests.

Article 24.

Everyone has the right to rest and leisure, including reasonable limitation of working hours and periodic holidays with pay.

Article 25.

(1) Everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control.

(2) Motherhood and childhood are entitled to special care and assistance. All children, whether born in or out of wedlock, shall enjoy the same social protection.

Article 26.

(1) Everyone has the right to education. Education shall be free, at least in the elementary and fundamental stages. Elementary education shall be compulsory. Technical and professional education shall be made generally available and higher education shall be equally accessible to all on the basis of merit.

(2) Education shall be directed to the full development of the human personality and to the strengthening of respect for human rights and fundamental freedoms. It shall promote understanding, tolerance and friendship among all nations, racial or religious groups, and shall further the activities of the United Nations for the maintenance of peace.

(3) Parents have a prior right to choose the kind of education that shall be given to their children.

Article 27.

(1) Everyone has the right freely to participate in the cultural life of the community, to enjoy the arts and to share in scientific advancement and its benefits.

(2) Everyone has the right to the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he is the author.

Article 28.

Everyone is entitled to a social and international order in which the rights and freedoms set forth in this Declaration can be fully realized.

Article 29.

(1) Everyone has duties to the community in which alone the free and full development of his personality is possible.

(2) In the exercise of his rights and freedoms, everyone shall be subject only to such limitations as are determined by law solely for the purpose of securing due recognition and respect for the rights and freedoms of others and of meeting the just requirements of morality, public order and the general welfare in a democratic society.

(3) These rights and freedoms may in no case be exercised contrary to the purposes and principles of the United Nations.

Article 30.

Nothing in this Declaration may be interpreted as implying for any State, group or person any right to engage in any activity or to perform any act aimed at the destruction of any of the rights and freedoms set forth herein.[31]

The Declaration proclaims, “All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood.”[32]

The Universal Declaration of Human Rights, 1948, proclaims two kinds of rights, civil and political rights and economic, social and cultural rights. These two kinds of rights were later on, given legal coverage as ‘The International Covenant on Economic, Social and Cultural Rights, 1966’ and ‘The International Covenant on Civil and Political Rights, 1976’ and after getting ratification of the two Covenants by the required member of state parties they entered into force in 1976.[33]{C} These three documents jointly comprise what is called the "International Bill of Rights.

The 1993 World Conference on Human Rights affirmed the crucial connection between international peace and security and the rule of law and human rights, placing them all within the larger context of democratization and development.[34]

3.6 Summary

  • When the words ‘human rights’ are used together, its universal meaning comes to legal claim relating to man or mankind.
  • Human rights may be called the rights associated with the very birth of mankind in that theses are fundamental requirements for existence of human beings.
  • Human rights are the basic rights of freedoms to which all humans are considered entitled such as the right to life, liberty, freedom of thought and expression, and equal treatment before the law.
  • Human rights represent entitlements of the individual or groups vis-a-vis the government, as well as responsibilities of the individual and the government authorities.
  • Human rights are ascribed naturally, they are not earned and cannot be denied.

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