FANDOM


Mohammed Yeasin Khan









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 for International Peace and Security


4.1.1 The Role of United Nations in Promotion and Protection 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 Rights protect 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.
  • Human rights are advanced as legal rights and protected by the rule of law.
  • The concept of international protection of human rights is firmly established in international human rights law.
  • Human Rights as contained in the Charter of the United nations and Universal Declaration of Human Rights, enjoys the status of International Law.
  • 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.
  • 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.
  • 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.
  • Human rights are, political norms dealing mainly with how people should be treated by their governments and institutions.
  • Human rights exist as moral and/or legal rights.
  • Human rights are numerous rather than few. Human rights protect people against familiar abuses of people's dignity and fundamental interests.
  • Human rights are minimal standards. Their focus is protecting minimally good lives for all people.
  • Human rights are international norms covering all countries and all people living today. International law plays a crucial role in giving human rights global reach. We can say that human rights are universal provided that we recognise such rights through domestic enactments and legislative provisions.
  • Human rights are high-priority norms. Maurice Cranston held that human rights are matters of paramount importance and their violation a grave affront to justice.
  • Human rights require robust justifications that apply everywhere and support their high priority.
  • Another feature of rights is that they focus on a freedom, protection, status, or benefit for the rightholders.
  • It is the Charter of Rights for mankind being confirmed by the recent world conference on Human Rights in the Vienna Declaration 1993, where it has been said that the human rights are universal, invisible, interdependent and interrelated.
  • When enacted into law of any country the human rights become fundamental rights of the citizen of the country.
  • All human beings are born free, equal in dignity and rights, endowed with reason and conscience. They should act towards one another in a spirit of brotherhood.
  • Everyone is entitled to all the rights and freedoms set forth in the UDHR without any distinction.
  • Everyone has the right to life, liberty and security of person.
  • No one shall be held in slavery or servitude.
  • No one shall be subjected to torture or inhuman treatment.
  • Everyone has the right to recognition before the law.
  • All are equal before the law and are entitled to equal protection of the law.
  • Everyone has the right to remedy by the competent tribunals for acts violating the fundamental rights.
  • No one shall be subjected to arbitrary arrest, detention or exile.
  • Everyone is entitled to a fair and public hearing of any criminal charge against him by independent and impartial tribunal.
  • Everyone charged with a penal offence has the right to be presumed innocent until proved guilty.
  • Everyone has the right to the protection of his privacy, family, home or correspondence, his honour and reputation.
  • Everyone has the right to freedom of movement and residence within the borders of each state and has the right to leave any country, including his own, and to return to his country.
  • Everyone has the right to seek and to enjoy in other countries asylum from prosecution unless such prosecution is genuinely contrary to the purposes and principles of the United Nations.
  • Everyone has the right to a nationality and to change it.
  • Without any limitation due to race, nationality or religion, men and women of full age, have the right to marry and to found a family and are entitled to equal rights as to marriage, during marriage and at its dissolution.
  • The family is the natural and fundamental group unit of society and is entitled to protection by society and the State.
  • Everyone has the right to own property alone as well as in association with others and no one shall be arbitrarily deprived of his property.
  • Everyone has the right to freedom of thought, conscience and religion.
  • Everyone has the right to freedom of opinion and expression and to seek, receive and impart information and ideas through any media and regardless of frontiers.
  • Everyone has the right to freedom of peaceful assembly and association.
  • Everyone has the right to take part in the government of his country, directly or through freely chosen representatives and has the right of equal access to public service in his country.
  • The will of the people by universal and equal suffrage shall be the basis of the authority of government.
  • Everyone has the right to social security and is entitled to realization, through national effort and international co-operation of the economic, social and cultural rights indispensable for his dignity and the free development of his personality.
  • Everyone has the right to free choice of work and to protect himself against unemployment without any discrimination ensuring just and favourable remuneration and to join trade unions for the protection of his interests.
  • Everyone has the right to rest and leisure and periodic holidays with pay.
  • Everyone has the right to a healthy life including food, clothing, housing, medical care, social services and security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond control.
  • Everyone has the right to education.
  • Everyone has the right freely to participate in cultural, artistic and scientific advancement and its benefits.
  • Everyone has rights and freedoms of meeting the just requirements of morality, public order and the general welfare in a democratic society which may in no case be exercised contrary to the purposes and principles of the United Nations.
  • All human beings are born free and equal in dignity and rights, endowed with reason and conscience and should act towards one another in a spirit of brotherhood.
  • 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.




[1]{C} Human Rights and Right to Liability: Before and Now By Justice Md. Mozammel Hoque Published in Human Rights Law, Page 267, BBC.

[2]{C} Human Rights-Violation and Remedies under Constitutional law of Bangladesh, page 194, HR Law, BBC By Justice A M Mahmudur Rahman.

[3]{C} The International Bill of Human Rights and Bangladesh By Justice Kamaluddin Hossain, Former Chief Justice of Bangladesh, Manual on Human Rights, Bangladesh bar Council, First Edition, 1997, page 27.

{C}[4]{C} Human Rights Protection By Michelle Maiese Beyond Intractability. Eds. Guy Burgess and Heidi Burgess. Conflict Research Consortium, University of Colorado, Boulder. Posted: June 2004 <http://www.beyondintractability.org/essay/human_rights_protect/>.

{C}[5]{C} Little, David. "Universality of Human Rights," [available at: http:// www. usip. org/research/ rehr/ universality.html].

[6]{C} Human Rights Protection By Michelle Maiese Beyond Intractability. Eds. Guy Burgess and Heidi Burgess. Conflict Research Consortium, University of Colorado, Boulder. Posted: June 2004. <http://www.beyondintractability.org/essay/human_rights_protect/>.

[7]{C} B.G. Ramcharan, The Concept and Present Status of the International Protection of Human Rights: Forty Years after the Universal Declaration (Dordrecht: Martinus Nijhoff Publishers, 1989) p.9.

[8]{C} The International Bill of Human Rights and Bangladesh By Justice Kamaluddin Hossain, Former Chief Justice of Bangladesh, Manual on Human Rights, Bangladesh bar Council, First Edition, 1997, page 27.

[9]{C} Ibid, page 28. [10]{C} The US Declaration of Independence, 1776. [11]{C} Human Rights, Stanford Encyclopedia of Philosophy, plato.stanford.edu/entries/rights-human. [12]{C} Sets out in the list of Universal Declaration of Human Rights, 1948. [13]{C} Pogge, T. 2000, 47. “The International Significance of Human Rights”, Journal of Ethics 4:45-69. [14]{C} Okin, S.1998. “Feminism, Women’s Human Rights and Cultural Differences”. Hypatia 13: 32-52. [15]{C} Human Rights, Stanford Encyclopedia of Philosophy : www.seop.leeds.ac.uk/entries/rights-human. [16]{C} Locke, J.1689. The Second Treaties on Civil Government, New York: Prometheus Books, 1986.

[17]{C} Microsoft Word - WEB- HUMAN RIGHTS AND STATE RESPONSIBILITY : zammit.info/divers/HUMAN RIGHTS AND STATE RESPONSIBILITY.

[18]{C} Nickel, J. 2006, Making Sense of Human Rights, Second Edition, Oxford: Blackwell Publishing. [19]{C} Shue, H. 1996, Basic Rights, Second Edition, Princeton: Princeton University Press.

[20]{C} Cranston, M.1967. “Human Rights, Real and Supposed”, in D.D. Raphael, ed. Political Theory and Rights of Man. London: Macmillan : Microsoft Word - WEB- HUMAN RIGHTS AND STATE RESPONSIBILITY : zammit.info/divers/HUMAN RIGHTS AND STATE RESPONSIBILITY.

[21]{C} Human Rights, Stanford Encyclopedia of Philosophy : plato.stanford.edu/entries/rights-human. [22]{C} Ibid.

[23]{C} Inis L. Claude Jr. Swords into Plowshares—The Problems and Progress of International Organisations 3rd ed., Random House, New York, 1964, pp. 18-20.

[24]{C} The International Bill of Human Rights and Bangladesh By Justice Kamaluddin Hossain, Former Chief Justice of Bangladesh, Manual on Human Rights, Bangladesh bar Council, First Edition, 1997, page 28.

[25]{C} Preamble to the Universal Declaration of Human Rights, 1948.

[26]{C} The International Bill of Human Rights and Bangladesh By Justice Kamaluddin Hossain, Former Chief Justice of Bangladesh, Manual on Human Rights, Bangladesh bar Council, First Edition, 1997, page 28.

[27]{C} Ibid, page 29. [28]{C} Ibid. [29]{C} Preamble to the Universal Declaration of Human Rights, 1948.

[30]{C} Universal Declararion of Human Rights : Adopted and proclaimed by General Assembly resolution 217 A (III) of 10 December 1948c : www.un.org/Overview/rights.html (Accessed on 12.01.2007).

[31]{C} Ibid. [32]{C} Article 1, Ibid.

[33]{C} The International Bill of Human Rights and Bangladesh By Justice Kamaluddin Hossain, Former Chief Justice of Bangladesh, Manual on Human Rights, Bangladesh bar Council, First Edition, 1997, page 27-28.

[34]{C} "Human Rights Today: A United Nations Priority," The United Nations, 2000. [available at: http://www.un.org/rights/HRToday/].





Chapter 4


4.1 Protection and Promtion of Human Rights for International Peace and Security

The Universal declaration of Human Rights[1] adopted on December 10, 1948[2] has proclaimed “ 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 progreesive measures, national and international, to secure their universal effective recognition and observance, both among the peoples of Member States themselves and among the peoples of territories under their jurisdiction”.[3] The basic doctrines of the declaration were subsequently endorsed in Teheran Proclamation of 1968.[4] The rights and freedoms set forth in the Declaration should be enjoyed by all 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 and the same were subsequently spelt out in greater detail in two Covenants, namely United Nations Covenants on Economic, Social and Cultural Rights[5] and United Nations Covenants on Civil and Political Rights[6] which entered into force in January 1976 and March 1976 respectively. In 1993 a conference was held in Vienna under the UN leadership which afforded the right to development as being recognised by the UN proclamation on the Right to Development, 1986[7] and went on further to continue UN efforts for the protection and promotion of human rights. The General Assembly in its Declaration on right to development reaffirmed that “all States should promote the establishment, maintenance and strengthening of international peace and security and to that end, should do their utmost to achieve general and complete disarmament under effective international control, as well as to ensure that the resources released by effective disarmament measures are used for comprehensive development”[8] In fulfillment of the ultimate goal of achieving peace and development the World conference on Human Rights, 1993 urges governments, institutions, intergovernmental and non-government organisations to intensify their efforts for protection and promotion human rights supporting the view that “human rights are universal, indivisible, interdependent and interrelated.”[9] Thus, the Protection and promotion of human rights which is “essential to the sustainable achievement of the three agreed global priorities of peace, development and democracy”[10] has been always the major concern of the International community. The founding fathers of the United Nations established this organisation with the purpose of protecting and promoting huamn rights and maintaining international peace and securioty, of developing friendly relations among nations and of taking other appropriate measures to strengthen universal peace. Therefore, the whole human rights edifice is founded on the principle of the equal dignity of all human beings. The logical and inescapable consequence of this principle is this universality of human rights.[11] So, it should “be strongly emphasised at the outset that the protection and promotion of human rights” is first of all and primatily a task, a duty and an international obligation.

4.1.1 The Role of United Nations in Promotion and Protection of Human Rights

Since establishment of the United Nations in 1945, the promotion and protection of human rights being its major preoccupation, the Organization's founding nations resolved that the horrors of The Second World War should never be allowed to recur. Respect for human rights and human dignity "is the foundation of freedom, justice and peace in the world", the General Assembly declared three years later in the Universal Declaration of Human Rights. Over the years, a whole network of human rights instruments and mechanisms has been developed to ensure the primacy of human rights and to confront human rights violations wherever they occur.[12]

4.1.1.1 United Nations Intergovernmental Bodies Dealing with Human Rights

The main deliberative body of the United Nations is the General Assembly comprising of of 185 Member States. The General Assembly “reviews and takes action on human rights matters referred to it by its Third Committee and by the Economic and Social Council.”[13]

A subsidiary body of the General Assembly concerned with human rights is the ‘Special Committee to Investigate Israeli Practices affecting the Human Rights of the Palestinian People and other Arabs of the Occupied Territories’.[14]{C}

The Economic and Social Council, composed of 54 member Governments, makes recommendations to the General Assembly on human rights matters, and reviews reports and resolutions of the Commission on Human Rights and transmits them with amendments to the General Assembly. To assist it in its work, the Council established the Commission on Human Rights, the Commission on the Status of Women and the Commission on Crime Prevention and Criminal Justice. It also works closely with agencies of the United Nations system which have a special interest in human rights matters.

The Commission on Human Rights being comprised of 53 member Governments is the main policy-making body dealing with human rights issues and “it prepares studies, makes recommendations and drafts international human rights conventions and declarations’ and ‘also investigates allegations of human rights violations and handles communications relating to them.”[15]

The Commission has established a number of subsidiary bodies, including the Sub-Commission on Prevention of Discrimination and Protection of Minorities.[16]

The Sub-Commission on Prevention of Discrimination and Protection of Minorities undertakes studies and makes recommendations to the Commission concerning the prevention of discrimination against racial, religious and linguistic minorities. Composed of 26 experts, the Sub-Commission meets each year for four weeks. It has set up working groups and established Special Rapporteurs to assist it with certain tasks.

The Commission on the Status of Women, composed of 32 members, prepares recommendations and reports to the Economic and Social Council on the promotion of women's rights in political, economic, social and educational fields. It makes recommendations to the Council on problems requiring attention in the field of women's rights.

The Commission on Crime Prevention and Criminal Justice, composed of 40 members, is the main United Nations policy-making body on criminal justice. It develops and monitors the United Nations programme on crime prevention.

To enhance respect for fundamental human rights and to further progress towards their realisation, the United Nations adopted a three-pronged approach: (a) establishment of international standards, (b) protection of human rights, and (c) United Nations technical assistance.

4.1.1.2 Establishment of International Human Rights Standards

International Human Rights Standards were developed to protect people's human rights against violations by individuals, groups or nations.

The following declarations adopted by the international community are not legally binding: the ‘Universal Declaration of Human Rights’[17]{C}, the ‘Declaration on the Right to Development’{C}[18] and the ‘Declaration on the Protection of All Persons from Enforced Disappearance’[19]. Many countries have incorporated the provisions of these declarations into their laws and constitutions. International covenants and conventions have the force of law for the States that ratify them.

The ‘International Covenant on Economic, Social and Cultural Rights’ and the ‘International Covenant on Civil and Political Rights’ are legally binding human rights agreements. Both were adopted in 1966[20], making many of the provisions of the ‘Universal Declaration of Human Rights’ effectively binding. Conventions include the ‘Convention on the Prevention and Punishment of the Crime of Genocide’[21]; the ‘International Convention on the Elimination of All Forms of Racial Discrimination’[22]; the ‘Convention on the Elimination of All Forms of Discrimination against Women’[23]; the ‘Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment’[24]{C}; the ‘Convention on the Rights of the Child’{C}[25]; and the ‘International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families.’[26]

4.1.1.3 Mechanisms for Protection of Human Rights

Conventional mechanisms,[27]and extra-conventional mechanisms[28] have been set up in order to monitor compliance with the various international human rights instruments and to investigate alleged human rights abuses.

Under the conventional mechanisms the following treaty bodies, composed of experts serving in their personal capacity, were established to monitor compliance with United Nations human rights instruments: the Committee on the Elimination of Racial Discrimination (CERD), the Committee on the Elimination of Discrimination against Women (CEDAW), the Committee on the Rights of the Child (CRC); the Committee against Torture (CAT), the Human Rights Committee[29] and the Committee on Economic, Social and Cultural Rights[30]. It should be noted that these Committees are established under the respective instruments, with members elected by the States parties, with the exception of the Committee on Economic, Social and Cultural Rights, whose membership is elected by ECOSOC.

To monitor the implementation of treaty obligations at the national level, the treaty bodies examine reports of States parties. Each year they engage in dialogue with approximately 100 national Governments and issue concluding observations, commenting on the situations of the countries and offering suggestions and recommendations for improvement. In addition, the Committees are entitled to hear and consider certain individual communications.

Under the extra-conventional mechanisms, a number of procedures have been established to monitor compliance with human rights norms. Thematic procedures include the Representative of the Secretary-General on internally displaced persons; working groups on enforced or involuntary disappearances and on arbitrary detention; and special rapporteurs dealing with extrajudicial, summary or arbitrary executions; torture; the independence and impartiality of the judiciary; jurors and assessors and the independence of lawyers; religious intolerance; the use of mercenaries; freedom of opinion and expression; racism, racial discrimination and xenophobia; the sale of children, child prostitution and child pornography; and the elimination of violence against women.

In addition, there exists a procedure, established by the Economic and Social Council in 1970[31], for dealing with communications relating to gross and attested violations of human rights. If considered admissible, communications are reviewed by a Working Group of the Sub-Commission on Prevention of Discrimination and Protection of Minorities, which decides whether to transfer the communication to the Working Group of the Commission on Human Rights. Communications remain confidential until such time as the Commission may decide to make recommendations to the Economic and Social Council.

Dialogue between States and United Nations bodies has led to concrete results, such as the suspension of executions, release of detainees and medical treatment for prisoners, as well as changes in the domestic legal system of States parties to human rights instruments.[32]

4.1.1.4 UN Human Rights Advisory Services and Technical Assistance

The United Nations advisory services programme began in 1955 on a small scale, providing institution-building assistance and other services to Member States at their request. In 1987, the Secretary-General established the Voluntary Fund for Advisory Services and Technical Assistance in the field of Human Rights.

Over the last few years, the United Nations Centre for Human Rights and Electoral Assistance Division have received increasing numbers of requests for technical assistance, which is usually offered in the following areas:

  • Reforming national laws: Incorporation of international human rights norms into national laws and constitutions is a key element in the protection of human rights. Assistance in drafting new constitutions and laws in line with human rights conventions has been provided to, inter alia, Bulgaria, Malawi and Mongolia.
  • Supporting democratization and advising on electoral procedures: Since democratisation has been a priority issue for advisory services, assistance has been provided to several nations on holding elections and setting up national human rights institutions. The Centre for Human Rights advised several countries, including Romania and Lesotho, on the legal and technical aspects of democratic elections.
  • Assisting in the drafting of national laws and preparation of national reports: Regional and sub-regional training courses have been held in Africa, Latin America and Asia and the Pacific.
  • Strengthening national and regional institutions: Assistance has been provided to institutions in various countries to strengthen human rights protection and promotion activities.
  • Training criminal justice personnel--judges, lawyers, prosecutors and police: Training in the field of human rights includes seminars, courses, workshops, fellowships, scholarships, the provision of information and documentation.[33]

4.1.1.5 Good offices of the Secretary General

The Secretary-General can use his "good offices" confidentially to raise human rights concerns with Member States, including issues such as the release of prisoners and commutation of death sentences. Results of such communications are reported to the Security Council.

Although the idea of creating a post of High Commissioner for Human Rights dates back to the 1960s, the General Assembly established the post of High Commissioner only in December 1993.

The High Commissioner carries out the "good offices" function in the field of human rights on behalf of the Secretary-General and is therefore now the United Nations official with principal responsibility for human rights activities. He is responsible for promoting and protecting human rights for all and maintains a continuing dialogue with Member States. His functions may be summarized as follows:

  • Crisis management
  • Prevention and early warning
  • Assistance to States in periods of transition
  • Promotion of substantive rights
  • Coordination and rationalization of the human rights programme

The Centre for Human Rights in Geneva, part of the United Nations Secretariat, in this connection implements the policies proposed by the High Commissioner.[34]


4.2 Integrating Human Rights for Peace and Development in the World[35]

4.2.1 Eliminating Poverty and Sustaining Livelihoods'

Poverty and sustainable livelihoods are closely linked to human rights. Indeed, poverty is a violation of human rights. Poverty and inequality can undermine human rights by fueling social unrest and violence and increasing the precariousness of social, economic and political rights. Likewise, people's access to and control over productive resources is often determined by a country's legal framework and institutions. Like human rights, poverty and sustainable livelihoods are multifaceted and complex, involving both material factors[36]{C} and nonmaterial ones[37]{C}. Because of these links, programming in poverty and sustainable livelihoods can benefit from broadening the focus to include human rights. Civic and social education will help people better understand their rights and increase their choices and income-earning capacity. At the same time, developing and implementing equal opportunity laws will empower people to gain more equitable access to productive resources.[38]

Poverty elimination is a core UNDP goal and a prime objective of its sustainable human development paradigm. The right to an adequate standard of living, ensuring freedom from want, is an integral and inalienable human right affirmed in the Universal Declaration on Human Rights, the International Covenant on Economic, Social and Cultural Rights, the Convention on the Elimination of All Forms of Racial Discrimination, the Convention on the Elimination of All Forms of Discrimination against Women, and the Convention on the Rights of the Child. Adopting a human rights approach to its work on poverty elimination is crucial as UNDP moves towards strengthening its promotion and protection of economic, social and cultural rights and the right to development.[39]

4.2.2 Developing Capacity for Good Governance'

The United Nations Development Programme policy document "Governance for Sustainable Human Development" defines governance as: the exercise of economic, political and administrative authority to manage a country's affairs at all levels. . . . Good governance is, among other things, participatory, transparent and accountable. It is also effective and equitable. And it promotes the rule of law. Good governance ensures that political, social and economic priorities are based on broad consensus in society and that the voices of the poorest and the most vulnerable are heard in decision-making over the allocation of development resources.

This definition draws on various UN human rights instruments-notably the Universal Declaration of Human Rights, which states that "the will of the people shall be the basis of the authority of government" and reiterates that "everyone has the right to take part in the government of his country, directly or through freely chosen representatives" and that "everyone has the right of equal access to public service." The preamble of the Universal Declaration also enunciates the relationship between human rights and governance: "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."

Hence governance touches directly on legal instruments, enabling environments, and governmental and non-governmental institutions and processes affecting human rights. Concern for human rights and good governance is reflected, for example, in public management programmes, which address such issues as accountability, transparency, participation, decentralization, legislative capacity and judicial independence. UNDP's governance programme identifies three domains-the state, the private sector and civil society-each of which has a unique role in promoting sustainable human development. None can function adequately, however, if human rights are not respected.

Like human rights, governance impinges on each of UNDP's other focus areas for sustainable human development-poverty and livelihoods, gender and the environment. Strengthening human rights within governance activities will, by extension, help strengthen programming in each of the other focus areas.[40]

4.2.3 The Right to Development'

The right to development is an "inalienable . . . human right" of "every human person [and] all peoples" {C}[41] "to exercise . . . full and complete sovereignty over all their natural wealth and resources" {C}[42] in pursuit of "their economic, social and cultural development"

In 1986 the UN General Assembly issued the Declaration on the Right to Development, explicitly reaffirming the existence of a human right to development. Such a right was implicit in the Universal Declaration of Human Rights and in the Covenant on Economic, Social and Cultural Rights. But the landmark General Assembly declaration not only reaffirmed the right to development, it also elaborated the content of the right as well as the specific obligations for states and governments[43] that flow from the right.

The right to development has been reiterated and further elaborated-by consensus-at the UN World Conference on Human Rights[44], the International Conference on Population and Development[45], the World Summit on Social Development[46] and the Fourth World Conference on Women[47]. Although the 1986 General Assembly Declaration on the Right to Development was not obtained by consensus[48], each of the above conferences unanimously[49] reaffirmed the right to development as a "universal and inalienable right and an integral part of fundamental human rights"{C}[50]. Thus there is no doubt that the right to development is not a mere pipe dream or ideological slogan. It is a human right guaranteed by international law.[51]

4.2.4 The Declaration on the Right to Development'

The declaration on the Right to Development defines development as "a comprehensive economic, social, cultural and political process, which aims at the constant improvement of the well-being of the entire population and of all individuals"{C}[52], "in which all human rights and fundamental freedoms can be fully realized"{C}[53].

4.2.4.1 The Component Rights of the Human Right to Development Include:

  • Rights of participation. Every person and all peoples are entitled to "active, free and meaningful participation in development"{C}[54]{C} and, as an "active participant"{C}[55], to "contribute to and enjoy economic, social, cultural and political development"{C}[56].
  • The right to be "the central subject of development"{C}[57]{C} that "aims at the constant improvement" of human well-being{C}[58]. This constitutes the right to people-centred human development where people and their well-being come first, ahead of all other development objectives and priorities.
  • The right to "fair distribution"{C}[59] of the benefits from development.
  • The right to nondiscrimination in development "without distinction of any kind such as race, color, sex, language, religion, political or other opinion, national or social origin, property, birth or other status"{C}[60].
  • The right to self-determination. "The human right to development also implies the full realization of the right of peoples to self-determination, which includes . . . their inalienable right to full sovereignty over all their natural wealth and resources"{C}[61].
  • The right to "the free and complete fulfillment of the human being" with "full respect" for "human rights and fundamental freedoms"[62].
  • The right against trade-offs. Every human person and all peoples have the right to "the implementation, promotion and protection" of "all human rights and fundamental freedoms," "civil, political, economic, social and cultural"{C}[63]. "The promotion of, respect for and enjoyment of certain human rights and fundamental freedoms cannot justify the denial of other human rights and fundamental freedoms." "All human rights and fundamental freedoms are indivisible and interdependent"{C}[64].

4.2.5 Obligations of States (Individual)'

The Declaration on the Right to Development specifies several obligations of states:

  • The duty "to ensure full exercise and progressive enhancement of the right to development"{C}[65], including "the right and duty to formulate appropriate national development policies"{C}[66], the duty to "undertake, at the national level, all necessary measures for the realization of the right to development"{C}[67]{C} and the duty "for the creation of national conditions favourable to the realization of the right to development".{C}[68]
  • The duty "to eliminate the massive and flagrant violations of the human rights of people and human beings"{C}[69] and to eradicate "all social injustices"[70].
  • The duty "to eliminate obstacles to development resulting from failure to observe civil and political rights as well as economic, social and cultural rights"{C}[71]{C} and the related duty that "the promotion of, respect for, and enjoyment of, certain human rights and fundamental freedoms cannot justify the denial of other human rights and fundamental freedoms"{C}[72].
  • The duty of "promoting, encouraging and strengthening universal respect" for all human rights and fundamental freedoms[73].
  • The duty not to discriminate on basis of "race, sex, language or religion"[74].
  • The duty to "ensure that the resources released by effective disarmament measures are used for comprehensive development"{C}[75].

4.2.6 Obligations of States (Collective)'

Several of the obligations of individual states also apply to states collectively. The Declaration on the Right to Development also specifies several collective duties of states:

  • The duty to cooperate "in ensuring development and eliminating obstacles to development"{C}[76], "to eliminate the massive and flagrant violations" of human rights [77] and to promote "universal respect for and observance of, all human rights and fundamental freedoms for all"{C}[78].
  • The duty of "full respect for the principles of international law concerning friendly relations and cooperation among States in accordance with the Charter of the United Nations"{C}[79].
  • The duty "to take steps, individually and collectively, to formulate international development policies with a view to facilitating the full realization of the right to development"{C}[80].
  • The duty to "promote the establishment . . . of international peace and security and, to that end . . . to achieve general and complete disarmament" and to use the resources so released "for comprehensive development"[81].

The UN system is the main mechanism through which states can fulfill their collective obligations. In addition, Article 10 of the declaration[82]{C} and Article 4(1){C}[83], while addressed primarily to states, also implicate the UN, its specialized agencies and its development agencies-notably UNDP.

==4.3 United Nations and Human Rights Organisations ==

Human rights are very much on the international political agenda. Fundamental human rights, such as the right to life, the physical integrity of the human person and the right to freedom of thought and conscience are violated on a massive scale in many parts of the world. At the same time, international bodies meet in normal and informal meetings to discuss ways of assuring the protection and promotion of human rights.

The Year 1993 witnessed the second World Conference on Human Rights in Vienna, which brought together representatives of more than 170 states and as many as 2,300 non-government organisations (NGOs) which produced the Vienna Declaration of International Human Rights, 1993.

4.3.1 The Role of UNHCHR

Following recommendations included in the World Conference on Human Rights, 1993 in Vienna[84], considering the issue of "adapting and strengthening the United Nations machinery for human rights," recommended to the General Assembly that it consider "as a matter of priority" the establishment of a High Commissioner for Human Rights to promote and protect all human rights. Accordingly, at its 48th session in 1993 the General Assembly established the post of a United Nations High Commissioner for Human Rights (UNHCHR) and assigned to the High Commissioner principal responsibilities for UN human rights activities under the direction and authority of the Secretary-General.

4.3.1.1 Mandate of the High Commissioner'

The mandate of the High Commissioner is set out in UN General Assembly resolution 48/141 of 20 December 1993 as follows:

"the High Commissioner shall be the United Nations official with principal responsibility for United Nations human rights activities under the direction of the Secretary General." The High Commissioner's responsibilities shall be:

(a) To promote and protect the effective enjoyment by all of all civil, cultural, economic, political and social rights.

(b) To carry out the tasks assigned to him/her by the competent bodies of the United Nations system in the field of human rights and to make recommendations to them with a view to improving the promotion and protection of all human rights.

(c) To promote and protect the realization of the right to development and to enhance support from relevant bodies of the United Nations system for this purpose.

(d) To provide, through the Centre for Human Rights of the Secretariat and other appropriate institutions, advisory services and technical and financial assistance, at the request of the State concerned and, where appropriate, the regional human rights organizations, with a view to supporting actions and programmes in the field of human rights.

(e) To coordinate relevant United Nations education and public information programmes in the field of human rights.

(f) To play an active role in removing the current obstacles and in meeting the challenges to the full realization of all human rights and in preventing the continuation of human rights violations throughout the world, as reflected in the Vienna Declaration and Programme of Action.

(g) To engage in a dialogue with all Governments in the implementation of his/her mandate with a view to securing respect for all human rights.

(h) To enhance international cooperation for the promotion and protection of all human rights.

(i) To coordinate the human rights promotion and protection activities throughout the United Nations system.

(j) To rationalize, adapt, strengthen and streamline the United Nations machinery in the field of human rights with a view to improving its efficiency and effectiveness.

(k) To carry out overall supervision of the Centre for Human Rights."

The above resolution setting out the mandates also states:

"the High Commissioner for Human Rights shall . . . recognize the importance of promoting a balanced and sustainable development for all people and of ensuring realization of the right to development, as established in the Declaration on the Right to Development."{C}[85]

4.3.1.2 The Human Rights Council

In 2006 the longstanding UN Human Rights Commission was replaced by a new Human Rights Council. The Human Rights Commission was a 56 member committee, authorized by the UN Charter, consisting of state representatives. The stated goals of the replacement were to eliminate "double standards and politicization." The new Council's responsibilities include "promoting universal respect for the protection of all human rights," addressing gross human rights violations, making recommendations to the General Assembly, and "responding promptly to human rights emergencies." The Council's other responsibilities include providing direct assistance to UN member states to help them meet their human rights responsibilities through communication, technical assistance, and capacity building.

4.3.1.3 The Security Council

The Security Council's mandate under article 24 of the UN Charter is the maintenance of international peace and security. The fifteen-member body consists of 5 permanent and 10 elected members. Nine votes are needed to approve any measures. Any of the five permanent members (China, France, Russia, the United Kingdom, and the United States) can exercise their veto power to prevent a given action from succeeding. The permanent membership of five countries, with their veto power, is a clear concession to economic and military power within the Security Council. The Security Council can issue binding decisions regarding international security or peace, authorize military interventions and impose diplomatic and economic sanctions.[86]


4.3.1.4 The International Criminal Court

The International Criminal Court (ICC) is designed to prevent impunity for human rights crimes, genocide, war crimes, and crimes against humanity..

The ICC is intended to be complementary to States' national systems for prosecuting war crimes and human rights violations and its jurisdiction is limited to "the most serious crimes of concern to the international community as a whole"{C}[87]. The Statute sets forth the following four crimes over which the ICC may exercise jurisdiction: (1) genocide; (2) crimes against humanity; (3) war crimes; and (4) the crime of aggression against another state.

4.4 The Role of Non-Governmental Organisations

Non-governmental organisations such as Human Rights Watch and Doctors without Borders are extremely active at the international level in the areas of human rights, war crimes, and humanitarian aid. Nongovernmental organisations (NGOs) allow for collaborations between local and global efforts for human rights by "translating complex international issues into activities to be undertaken by concerned citizens in their own community".{C}[88] The functions of international NGOs include investigating complaints, advocacy with governments and international governmental organisations, and policy making. Local activities including fundraising, lobbying, and general education.[89]

Although they do not have the authority to implement or enforce international law, NGOs have several advantages to state organisations in the human rights system. Much of their work includes information processing and fact finding, in which NGOs educate people about their human rights and gather information regarding human rights abuses in violating countries.[90] In this process NGOs have the benefit of access to local people and organisations and are often able to get direct and indirect access to critical information about current human rights violations.[91] Once they gather information, NGOs can design campaigns to educate the international community of these abuses.

A key function of NGOs is advocacy — urging support for human rights and attempting to influence governments or international groups with regard to specific actions. Advocacy involves education, persuasion, public exposure, criticism and provoking specific responses to human rights abuses.[92] Representatives of NGOs are seen everywhere in the international human rights system. Many international human rights NGOs attend and often participate in the meetings of UN human rights bodies.[93] They provide information about human rights situations through their reports and testimony. They shape the agendas, policies, and treaties of the UN through participation and lobbying (Korey 1998). Notable examples include NGO involvement in the development of the Universal Declaration of Human Rights and the UN Declaration on Torture and Other Cruel, Inhuman or Degrading Treatment.[94]

NGOs with affiliates around the world include Amnesty International, Human Rights Watch, the International Commission of Jurists, the International Federation of Human Rights, Minority Group Rights, Doctors without Borders, and Oxfam. Besides these high profile NGOs there are thousands of local and national organisations working on human rights issues.

4.5 Summary

  • The Universal declaration of Human Rights has proclaimed 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 progreesive measures, national and international, to secure their universal effective recognition and observance, both among the peoples of Member States themselves and among the peoples of territories under their jurisdiction.
  • Protection and promotion of human rights has been always the major concern of the International community and is first of all and primatily a task, a duty and an international obligation.
  • Respect for human rights and human dignity is the foundation of freedom, justice and peace in the world.
  • In fulfillment of the ultimate goal of achieving peace and development the World conference on Human Rights, 1993 urges governments, institutions, intergovernmental and non-government organisations to intensify their efforts for protection and promotion human rights supporting the view that human rights are universal, indivisible, interdependent and interrelated.
  • The founding fathers of the United Nations established this organisation with the purpose of protecting and promoting huamn rights and maintaining international peace and securioty, of developing friendly relations among nations and of taking other appropriate measures to strengthen universal peace. Therefore, the whole human rights edifice is founded on the principle of the equal dignity of all human beings. The logical and inescapable consequence of this principle is this universality of human rights.
  • Since establishment of the United Nations in 1945, the promotion and protection of human rights being its major preoccupation, the Organization's founding nations resolved that the horrors of The Second World War should never be allowed to recur. Respect for human rights and human dignity is the foundation of freedom, justice and peace in the world.
  • International covenants and conventions have the force of law for the States that ratify them.
  • The ‘International Covenant on Economic, Social and Cultural Rights’ and the ‘International Covenant on Civil and Political Rights’ are legally binding human rights agreements.
  • Incorporation of international human rights norms into national laws and constitutions is a key element in the protection of human rights.
  • The High Commissioner carries out the "good offices" function in the field of human rights on behalf of the Secretary-General and is therefore now the United Nations official with principal responsibility for human rights activities. He is responsible for promoting and protecting human rights for all and maintains a continuing dialogue with Member States.
  • Poverty and sustainable livelihoods are closely linked to human rights. Indeed, poverty is a violation of human rights. Poverty and inequality can undermine human rights by fueling social unrest and violence and increasing the precariousness of social, economic and political rights. Therefore, poverty elimination is a core UNDP goal and a prime objective of its sustainable human development paradigm.
  • The right to development is an inalienable human right of every human person and all peoples to exercise full and complete sovereignty over all their natural wealth and resources in pursuit of their economic, social and cultural development.
  • Human rights are very much on the international political agenda. Fundamental human rights, such as the right to life, the physical integrity of the human person and the right to freedom of thought and conscience are violated on a massive scale in many parts of the world. At the same time, international bodies meet in normal and informal meetings to discuss ways of assuring the protection and promotion of human rights.
  • Nongovernmental organisations (NGOs) allow for collaborations between local and global efforts for human rights by translating complex international issues into activities to be undertaken by concerned citizens in their own community. The functions of international NGOs include investigating complaints, advocacy with governments and international governmental organisations, and policy making. Local activities including fundraising, lobbying, and general education.



[1]{C} G.A. Res, 217A (III), GAOR, 3rd Session, Part I, Resolution p. 71. [2]{C} International Human Rights Day is celebrated annually on December 10. [3]{C} Preamble to the Universal Declaration of Human Rights, 1948.

[4]{C} Proclamation of Teheran, Final Act of the International Conference on Human Rights. Teheran, April 22 to may 13, 1968, UN Doc. A/CONF. 32/41 at 3 (1968).

[5]{C} 993 UNTS 3; UKTS 6(1977); ^ ILM 360 (1967). [6]{C} 999 UNTS 171; UKTS 6(1977), 61 AJIL 870 (1967). [7]{C} G.A. Res. 41/128, GAOR, 41 st Session, Supp. (53), p. 186, UN Doc. A/41/53. [8]{C} Artice 7, The Declaration on Right to Development, 1986. [9]{C} Part I, para 5. Vienna Declaration, 1993.

[10]{C} "Human Rights Today: A United Nations Priority," The United Nations, 2000. [available at: http://www.un.org/rights/HRToday/.

[11]{C} LALUMIERE, Catherine- Opening statement, Interregional meeting organized by the council of Europe in advance of the World Conference on Human Rights (Palais de I’Europe, Strasbourg, France, 28-30; Human Rights Law, Tuhin Malik, Bangladesh bar Council, p 156).

[12]{C} Published by the United Nations Department of Public Information DPI/1774/HR--February 1996. [13]{C} The united nations and human rights : www.un.org/rights/dpi1774e.htm (last accessed on 12.04.2007). [14]{C} Ibid. [15]{C} Ibid. [16]{C} Ibid. [17]{C} The Universal Declaration of Human Rights 1948. [18]{C} The UN Declaration on the Right to Development 1986. [19]{C} Declaration on the Protection of All Persons from Enforced Disappearance 1992. [20]{C} And entered into force 10 years later. [21]{C} Entered into force in 1951. [22]{C} Entered into force in 1969. [23]{C} Entered into force in 1981. [24]{C} Entered into force in 1987. [25]{C} Entered into force in 1990. [26]{C} Adopted in 1990, Published by the United Nations Department of Public Information DPI/1774/HR--February 1996. [27]{C} Treaty bodies. [28]{C} United Nations special rapporteurs, representatives, experts and working groups. [29]{C} Covenant on Civil and Political Rights. [30]{C} Covenant on Economic, Social and Cultural Rights. [31]{C} The so-called 1503 Procedure. [32]{C} Published by the United Nations Department of Public Information DPI/1774/HR--February 1996. [33]{C} Ibid. [34] Ibid. [35]{C} A UNDP policy Document, 1998. [36]{C} Meeting basic needs. [37]{C} Rights, participation, human dignity and security. [38]{C} Published by the United Nations Department of Public Information DPI/1774/HR--February 1996. [39]{C} Ibid. [40]{C} Ibid. [41]{C} Article 1. [42]{C} Preamble. [43]{C} Both individually and collectively. [44]{C} UN World Conference on Human Rights , 1993, Vienna. [45]{C} International Conference on Population and Development, Cairo. [46]{C} World Summit on Social Development, Copenhagen. [47]{C} Fourth World Conference on Women, Beijing. [48]{C} Apart from a few abstentions, the United States was conspicuous as the sole dissenter. [49]{C} By consensus and not by vote.

[50]{C} Article I (10) of the Vienna Declaration, Principle 3 of the Cairo Programme of Action, Commitment 1(n) of the Copenhagen Declaration and Article 213 of the Beijing Platform of Action.

[51]{C} Published by the United Nations Department of Public Information DPI/1774/HR--February 1996. [52]{C} Preamble. [53]{C} Article 1(1). [54]{C} Preamble. [55]{C} Article 2. [56]{C} Article 1(1). [57]{C} Article 20. [58]{C} Preamble. [59]{C} Preamble. [60]{C} Preamble. [61]{C} Article 1(2). [62]{C} Article1(2). [63]{C} Article 6(2) and Preamble. [64]{C} Preamble. [65]{C} Article 10. [66]{C} Article 2(3). [67]{C} Article 8(1).

[68]{C} (Article 3(1)), (The World Summit on Social Development refers to this final duty as the commitment to create "enabling environments." The duty to ensure "active free and meaningful participation" (Article 2(3)) and to "encourage popular participation in all spheres as an important factor in development" (Article 8(2)).

[69]{C} Article 5. [70]{C} Article 8(1). [71]{C} Article 6(3). [72]{C} Preamble. [73]{C} Article 6(1). [74]{C} Article 8(1). [75]{C} Article 7. [76]{C} Article 3(3). [77]{C} Article 5. [78]{C} Article 6(1). [79]{C} Article 3(2). [80]{C} Article 4(1) and Article 10. [81]{C} Article 7.

[82]{C} Calling for steps to be taken at national and international levels "to ensure the full exercise and progressive enhancement of the right to development".

[83]{C}Calling for the formulation of international development policies to facilitate "the full realization of the right to development".

[84]{C} Held in Vienna in 1993. [85]{C} Integrating human rights with sustainable human development-A UNDP: magnet.undp.org.Docs/policy5.html.

[86]{C} Bailey, S. 1994, The UN Security Council and Human Rights, New York: St. Martin’s Press; Ramcharan, B. 2002, Ed. The Security Council and the Protection of Human Rights, The Hague, Martinus Nijhoff.

[87]{C} Rome Statute, article 1.

[88]{C} Durham H. 2004, “We the People: The Position of NGOs in Gathering Evidence and Giving Witness in International Criminal Trials”, in Thakur, R. and Malcontent, P. Eds, From Sovereign Impunity to International Accountability, New York: United Nations University Press.

[89]{C} Ibid.

[90]{C} Claude, R. and Weston, B. Eds. Human Rights in the World Community, Philadelphia: University of Pennsylvania Press; Durham H. 2004, “We the People: The Position of NGOs in Gathering Evidence and Giving Witness in International Criminal Trials”, in Thakur, R. and Malcontent, P. Eds, From Sovereign Impunity to International Accountability, New York: United Nations University Press.

[91]{C} Durham H. 2004, “We the People: The Position of NGOs in Gathering Evidence and Giving Witness in International Criminal Trials”, in Thakur, R. and Malcontent, P. Eds, From Sovereign Impunity to International Accountability, New York: United Nations University Press.

[92]{C} Claude, R. and Weston, B. Eds. Human Rights in the World Community, Philadelphia: University of Pennsylvania Press.

[93]{C} Ibid. [94]{C} Ibid.





Chapter 5



5.1 Philosophical Analysis of the Concept of Human Rights'

Human rights being derived from the concept of a ‘right’, in order to demonstrate the various constituent parts of the concept, the philosophical analysis of such a concept is important[1] as presented herein below in this chapter.

5.1.1 Moral and Legal Rights

There are two separate and different categories of human rights, namely, moral rights and legal rights. The rights found within existing legal codes are treated as legal rights. Legal rights are recognised and protected by law and such rights are limited by the jurisdiction of concerned legislative authority.

According to the views of legal positivists, the rights that originate within a legal system only can be said to be legal rights, and on this view, in strict sense, moral rights are not rights but are thought of as moral claims and eventually may or may not be assimilated within national or international law.

There are also contrasting views that moral rights are rights and exist prior to and independently from their legal counterparts and therefore, the existence and validity of a moral right is not deemed to be dependent upon the actions of jurists and legislators.

Human rights however share an essential quality of moral rights, to the fact that their lawful existence is not deemed to be conditional upon their being legislation or to be legally recognized rather they are supposed to apply to all human beings everywhere, regardless of having being received legal recognition.

There are also many countries where fundamental human rights are wholly or partially excluded from being legally recognised. Yet, human rights supporters in those countries insist that the rights remain valid regardless, as fundamental or moral rights.

Obviously the universality of human rights that positively entails claims which lend greater moral force to human rights and for their part legal rights are not subject to disputes as to their existence and validity in quite the way moral rights are.

Therefore, human rights are best thought of, as being both moral rights and legal rights.[2]

5.1.2 Philosophical Justifications of Human Rights'

The successful passage of many human rights into international and national law enables one to think of human rights as, in many cases, both moral rights and legal rights. But the 'philosophically naïve' view of human rights effectively construes human rights as legal rights and as such human rights claim validity everywhere and for everyone, irrespective of whether they have received comprehensive legal recognition, and even irrespective of whether everyone is agreed with the claims and principles of human rights although the effective validity of human rights is closely tied to, and dependent upon, the legal codification of human rights.

Presently, two particular philosophical approaches to the question of the validity of human rights predominate: what might be loosely termed the 'interest theory approach' and the ‘will theory approach’.

5.1.2.1 The Interest Theory Approach

According to the view of the interest theory approach, “one has a right just when one has an interest that grounds a duty for another moral agent”[3] and “the principal function of human rights is to protect and promote certain essential human interests.”[4]

The function of legal rights are, according to MacCormick, to express various degrees—as in liberty, claim and power-right of protection of the interest of an individual.[5]

They argue that securing human beings' essential interests is the principal ground upon which human rights may be morally justified. Therefore, the interests approach is primarily concerned to identify the social and biological prerequisites for human beings leading a minimally good life.

The philosopher John Finnis[6] provides a good representation of the interests theory approach. He argues that human rights are justifiable on the grounds of their instrumental value for securing the necessary conditions of human well-being. He identifies seven fundamental interests, or what he terms 'basic forms of human good', as providing the basis for human rights which are: life and its capacity for development; the acquisition of knowledge, as an end in itself; play, as the capacity for recreation; aesthetic expression; sociability and friendship; practical reasonableness, the capacity for intelligent and reasonable thought processes; and finally, religion, or the capacity for spiritual experience. According to Finnis, these are the essential prerequisites for human well-being and, as such, serve to justify our claims to the corresponding rights, whether they may be of the claim right or liberty right variety.

Thomas Hobbes[7] and some other philosophers defended human rights from an interests-based approach having addressed the question of how an appeal to interests can provide a justification for respecting and, when necessary, even positively acting to promote the interests of others. James Nickel[8] has termed this approach as 'prudential reasons' in support of human rights. Nickel writes, 'a prudential argument from fundamental interests attempts to show that it would be reasonable to accept and comply with human rights, in circumstances where most others are likely to do so, because these norms are part of the best means for protecting one's fundamental interests against actions and omissions that endanger them.'[9]

Economic philosopher Amartya Sen[10] has argued that “the minimal conditions for a decent life are socially and culturally relative.” These interest are ultimately identical and prerequisites for satisfying individual’s fundamental interests which may be termed as basic interests.

According to Henry Shue, “a right is basic just when its protection is a necessary condition for all other rights .”[11]

But the fact is that some basic interests can only be satisfied when certain other practically necessary conditions are met. As Hobbes famously argued, it is foolish to think that our basic interest in security can be met outside the context of political authority, a “common power to keen [us] all in awe.”[12]

As the interest based approach tends to construe fundamental interest as pre-determinants of human moral agency, so, this can have the effect of subordinating the importance of the exercise of freedom as a principal moral ideal and to include as a basic human interest which is not constitutive of interests on this account and therefore, this particular concern lies at the heart of the 'will theory approach.'

5.1.2.2 The Will Theory Approach

According to will theorists: “human rights originates in a highly limited set of purportedly fundamental attributes.” Will theorist H.L.A. Hart claims that “legal right is an expression of the individual possibility to control the obligations of other persons, also to waive the possibility. Such a person can be relatively weak, as in liberty-right or strong as a power-right.”[13]

Hart further argues: “all rights are reducible to a single, fundamental right as 'equal right of all men to be free.”[14]

Upon Hart's argument, Henry Shue[15] develops further that liberty alone is not ultimately sufficient for grounding all of the rights, but, many of these rights imply more than mere individual liberty and extend to include security from violence and the necessary material conditions for personal survival. Shue grounds rights upon liberty, security, and subsistence.

Alan Gewirth[16] has further developed upon such themes arguing that the justification of our claims to the possession of basic human rights is grounded in what he presents as the distinguishing characteristic of human beings generally further stating that the recognition of the validity of human rights is a logical corollary of recognizing oneself as a rationally purposive agent and that the possession of rights are the necessary means for rationally purposive action.

He bases the necessary concern for others' human rights upon what he terms the 'principle of generic consistency' (PGC) and Dworkin's concept of rights as trumps further arguing that the right to life is absolute and cannot be overridden under any circumstances and it can never be justifiably infringed and it must be fulfilled without any exceptions.'[17]

Will theorists attempt to establish the validity of human rights upon the ideal of personal autonomy stating further that rights are a manifestation of the exercise of personal autonomy.

However, if the constitutive condition for the possession of human rights is said to be the capacity for acting in a rationally purposive manner, for example, then it seems to logically follow, that individuals incapable of satisfying this criteria have no legitimate claim to human rights. The general tendency is towards extending human rights considerations and, if not ultimately defensible by appeal to practical reason, anything to do otherwise would appear to many to be intuitively wrong.

Thus, “strictly applying the will theorists' criteria for membership of the community of human rights bearers would appear to result in the exclusion of some categories of human beings who are presently recognized as legitimate bearers of human rights.”[18]

5.2 Summary

  • Human rights are best thought of, as being both moral rights and legal rights.
  • The successful passage of many human rights into international and national law enables one to think of human rights as, in many cases, both moral rights and legal rights. But the 'philosophically naïve' view of human rights effectively construes human rights as legal rights and as such human rights claim validity everywhere and for everyone, irrespective of whether they have received comprehensive legal recognition.
  • The principal function of human rights is to protect and promote certain essential human interests.
  • The universality of human rights is grounded in what are considered to be some basic, indispensable, attributes for human well-being, which all of us are deemed necessarily to share.
  • It would be reasonable to accept and comply with human rights, in circumstances where most others are likely to do so, because these norms are part of the best means for protecting one's fundamental interests against actions and omissions that endanger them.
  • The possession of basic human rights is grounded in what he presents as the distinguishing characteristic of human beings generally.




[1]{C} Human Rights, The Internet Encyclopedia Philosophy 2006, Author: Andrew Fagan, Human Rights Centre, University of Essex: www.utm.edu/research/iep/h/hum-rts.htm

[2]{C} Ibid.

[3]{C} Raz, Jospeh. (1986) The Morality of Freedom, Ch: 7, The Nature of Rights. Oxford University Press pp. 165-92.

[4]{C} Human Rights, The Internet Encyclopedia Philosophy 2006, Author: Andrew Fagan, Human Rights Centre, University of Essex: www.utm.edu/research/iep/h/hum-rts.htm.

[5]{C} MacCormic 1977, 1982 a and b. [6]{C} Finnis, John, Natural Law and Natural Rights, Oxford: Clarenton Press, 1980.

[7]{C}Human Rights, The Internet Encyclopedia Philosophy 2006, Author: Andrew Fagan, Human Rights Centre, University of Essex: www.utm.edu/research/iep/h/hum-rts.htm.

[8]{C} Nickel, James. Making Sense of Human Rights: Philosophical Reflection on the Universal Declaration of Human Rights, Berkeley: University of California Press, 1987:84.

[9]{C} Ibid. [10]{C} Amartya Sen (1999), Development as Freedom, New York, Anchor Books. [11]{C} Henry Shue (1996) Basic Rights: Substance, Affluence, and U.S. Foreign Policy, 2nd Ed. Princeton University Press, pp. 18-34. [12]{C} Hobbes (1651) Leviathan. Richard Tuck, ed. Cambridge University Press 1996, p. 88. [13]{C} Hart 1982 pp 183-189. [14]{C} Hart, H. 1955: 77. “Are There Anu Natural Rights?” Philosophical Review. [15]{C} Shue, H. 1996. Basic Rights, Second Edition, Princeton: Princeton University Press.

[16]{C} Gewirth, Alan. Reason and Morality, Chicago: Chicago University Press, 1978; Gewirth, A. 1982, Human Rights, Chicago: University of Chicago Press.

[17]{C} Ibid !982: 92.

[18]{C} Human Rights, The Internet Encyclopedia of Philosophy 2006: Author Andrew Fagan, Human Rights Centre, University of Essex: www.utm.edu/research/iep/h/hum-rts.htm.






Chapter 6



6.1 Visiting Hypotheses and Recommendations


The evidences discussed and their summary presented in preceding chapters of this dissertation supports hypotheses of this study. In addition, before visiting hypotheses, few more evidences and findings are presented.


Generally, laws are identifiable by the fact that they take a form which distinguishes them from social conventions. Their forms tell us that they are derived from an ‘institutional’ source that is socially recognized as having power to create law.[1] Laws so created can be said to be legally binding upon the individual, or upon the state.[2] Therefore, ‘to the need for concerted action to protect human rights under the dynamic Rule of Law which led to the adoption of the charter of the United Nations on 26 June, 1945 and subsequently of the Universal Declaration of Human Rights on 10 December 1948, which was viewed as the first step in formulation of an international bill of right would have legal as well as moral force’[3] as international human rights law.


In 1976, the provisions and ideals of the Charter and of the Universal Declaration became more specific and obligatory with the entry into force in three significant instruments: (1) The International Convention on Economic, Social and Cultural Rights; (2) The International Convention on Civil and Political Rights; and (3) The Optional Protocol to the latter Convention. After ratification by individual nations these Covenants and the International Bill of Human Rights took on the force of International Law in 1976.[4]


Apart from gaining the status of international law, the International Bill of Human Rights is also obligatory in its implementation by virtue of Article 55 and 56 of the UN Charter. And by adhering to the charter, states expressly “pledge themselves to take joint and separate action in co-operation with” the UN Organisation to promote “universal respect for, and observance of, human rights and fundamental freedoms for all without distinction as to race, sex, language, or religion.”[5]


The Universal Declaration of Human Rights is, as its title implies, truly universal in its application and applies to every one of the human family, everywhere, regardless of whether or not his government accepts its principles or ratifies the Covenants; while the Covenants, by their nature, as multi-lateral Conventions, are binding only upon those states which have accepted them by ratification, accession or otherwise. Nonetheless the standard is there.[6]


A common observation of all human societies has it that people may treat each other “well” or “badly”, depending on whether they are motivated by love, generosity, gratitude, co-operation and creativity, or hatred, greed, envy and destructiveness. Deeply buried somewhere in that observation are origins of what are today called ‘human rights’ and the legal rules associated with them.[7]


‘In holistic sense’, such ‘love sustains life not only during infancy but also throughout human life. Similarly discovery of love is also a life long exploration and experience. For every individual the discovery of love is a very unique and unforgettable experience. Many splendours of love get discovered while the individual seeks to relate him or her with the world around. The individual has an innate longing for giving love as well as for receiving love.’[8] Men being the best creation on earth, ‘Civilisation deals with everything concrete around men and culture with what is abstract within the men’.[9] The cultures and abstracts within the men is the rhythmic innate of human beings that:


Man for man man for mankind

Regardless of race gender and colour

Man for man by heart and mind

With best wishes in equal honour


Man for man to have and give

Man for man to be one for other

Man for man to heavenly live

Worldwide all sister and brother


Man for man in wants and needs

Man for man for food and water

Man for man in words and deeds

Man for man to clothe and shelter


Man for man for home and floor

Man for man being whole hearty

Man for man for sick and poor

As true service to the almighty


Man for man to read and write

Man for man to root out wrong

Man for man to build wits bright

Man for man in whole life long


Man for man to get the right

Man for man to find out facts

Man for man in life to light

Man for man in all fair acts


Man for man in weal and woe

Man for man in vainness and ban

Man for man in winning the boo

Man for man for freedom of man


Man for man in prayer and praise

Man for man in pain and pleasure

Man for man in gayness and grace

Man for man in race and leisure


Man for man in life and death

Man for man in growth and birth

Man for man in coercing wrath


Fostering piety and peace in earth'.[10]'


From the above analysis, it becomes clear that “human right law uses the classical transformations of philosophy from needs to morality and ultimately on positive and enforceable law.”[11]


It further reveals that “human rights are based on certain principles i.e. (1) the principle of universal inheritance i.e. every human being has certain rights capable of being enumerated and defined, which are not conferred on him by any ruler nor acquired by purchase, but which inhere in him by virtue of his humanity alone; (2) the principle of inalienability i.e. no human being can be deprived of any of those rights, by the act of any ruler or even by his own act; and (3) the rule of law i.e. where rights conflicts with each other, the conflicts must be resolved by consistent, independent and impartial application of just laws in accordance with just procedures.”[12]


The Rule of Law therefore is a fundamental principle of human rights and freedoms.[13] Within a state, rights must themselves be protected by law; and any dispute about them must not be resolved by the exercise of arbitrary discretion, but must be consistently capable of being submitted for adjudication to a competent, impartial and independent tribunal applying procedures which will ensure full equality and fairness to all the parties, and determining the question in accordance with clear, specific and pro-existing laws, known and openly proclaimed. So, the Rule of Law is of particular importance for establishing the boundaries of different human rights.[14]


Therefore, the paramount importance of all human rights bodies, institutions, organizations and machineries throughout the world is to treat human rights as legal rights.



6.1.1 Treating Human Rights as Legal Rights: Visiting First Hypotheses


When we use the term “legal right” the word “legal” qualifies “right”.[15] The term ‘right’ has, therefore, a fundamental legal conception.[16]


In ‘the case of Ashby vs White, a case of the early 18th century, Chief Justice Holt laid down the famous dictum: “Indeed, it is vain thing to imagine a right without remedy.” His statement of the rule that wherever there exists a “legal right” there also exists a remedy for the infringement of such right is a re-formulation of an old Latin maxim.[17]


Ihering says: “Rights are legally protected interest”.[18]


Austin explained his conception of right thus: “A person has a right when another or others are bound or obliged by law to do or forbear towards or in regard of him.”[19]


According to Professor Keetan a duty is an act or forbearance compelled by the state in respect of a right vested in another, and the breach of which is a wrong. When we speak of a right, it indicates that we are looking at the legal protection of an interest from standpoint of the person whose interest is the subject of the law’s activity. When we speak of a duty, we are looking at the protection of the interest from the standpoint of those who must refrain from interference with the interest. In this view of the matter, every right implies a correlative duty, and vice versa.[20]


Salmond defines a right as ‘any interest, respect for which is a duty, and the disregard of which is wrong.[21] A wrong is, according to Salmond, simply a wrong act—an act contrary to the rule of right and justice.[22]


Thus, the first hypotheses that ‘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 received support.


The International Bill of Human Rights and almost all subsequent international and regional conferences and charters on human rights mirrors and echoes an universal ‘legal rights’ approach of all ‘human rights’ by urging all member states to become party to those international covenants and protocols, to form regional conventions and to fulfill all national obligations maintaining effective conditions as ‘when human rights are codified in international legal system and entrenched in domestic law, they become legal rights of the citizens enforceable in a court of law’[23].


However, it will not suffice to only maintain ‘human rights’ as ‘legal rights’ in any ordinary and unspecified meaning, but to maintain in an objective international standard. The Vienna Declaration from the World Conference on Human Rights[24] urged Governments “to incorporate standard as contained in international human rights instruments in domestic legislation” and to “strengthen national structures, institutions and organs of society which play a role in promoting and safeguarding human rights”, and promises support in national efforts directed towards this objectives[25] and side by side a new world order.


6.1.2 New World Order: Visiting Second and Third Hypotheses


The advocates of the concept of nuclear deterrence theory argue that: ‘nuclear weapon is not for war, but for peace and that it was nuclear weapon that prevented actual hot war between the super powers during the cold war’.[26] But the opponents term this theory ‘as fallacy’.[27] In the global war against terrorism, when United States of America and its allies termed the 9/11 strikes as terror attacks and the American President George W Bush ‘embraced a radical doctrine of pre-emptive war’[28] and advocated the ‘doctrine of pre-emptive strike’ of US-UK Coalition[29] for ‘pre-emptive strikes’[30] against any suspect terror, then a group called it “martyrdom operation inside America” and one of them declared, “I am a terrorist and proud of it”.[31]


In this regard, an analysis may be, for example, that one who is a separatist in the Indian Federal Government’s context, may claim himself to be a freedom fighter for the liberation of ‘Kashmir’ or may claim to be a member of the United Liberation Front of Assam (ULFA)[32] or to be a member of Naga National Council (NNC)[33] who themselves believe to be the heroes for fighting for the cause of their territorial independence; what Sri Lankan terms Tamil Rebels that is named by the Tamil Guerillas as Liberation Tigers of Tamil Elam (LTTE) having a political capital in the northern town of Kilionochchi; when an Israeli Prime Minister blames a Palestinian Fatah or Hamas Guerrilla as a militant terrorist, then a Fatah or Hamas Guerrilla claims himself to be freedom fighter for independent statehood of Palestine and terms the Israelis as illegal occupants within the soil of Palestinians; when Chechen fighters are rebels to an authoritarian leader of Russia, the Chechens suppose them fighting for an independent Chechnia; and during the War on Iraq, when the US-UK Coalition calls it a ‘Liberation War’ of Iraqi people, the opponents term it ‘just the first domino stone of a wider war game that US will play on the grounds of ‘axis of evil’.[34]


Above is the prevailing position of different states and groups in fighting and war with their own issues and causes throughout the world and respective parties have their own case of defenses and explanations to justify their self-stands.


A mostly debated current issue of such so many conflicts is the imposition of UN sanctions on Iran because if its refusal to stop enriching uranium which the big powers of the worlds suspect could be used to build nuclear weapons. The Islamic Republic of Iran refuses to comply UN sanction resolutions and categorically and repeatedly denies that it wants to produce atom bombs saying its programme is intended solely for power generation. Iran further criticizes such policy of big powers under the banner UN resolutions which maintains a double standard, especially when the big powers do not abandon their nuclear weapons building competition and arms races throughout the world.


As we have seen above, it is a universal fact that the whole world is divided with so many conflicting issues and millions of human earnings and wealth are being wasted for authoritarian, amusing, unproductive and above all for fully destructive purposes and thereby millions of world people are being kept deprived from the benevolence of the rich and powerful community. As the haves and the have-nots differences thus grow, so a downwards groups of people being created, the conflicts between peoples in ups and downs rises.


Therefore, it is not new to experience instances and to see that being charged with the allegation of murder or robbery or theft or and so on, a habituated outlaw practices fraud before the court of law and pleads innocence on the ground of self-defense or doctrine of necessity to deprive the truly aggrieved claimant from justice.


Temptation, greed, personal and social un-equality, differences, anger, attack, fighting and war in the world is not new, but started from primitive human society and by the first half of the 20th century, the world witnessed two world wars resulting unprecedented destruction and massacre.


Consequently, ‘the necessity of internationalism was felt deeply among the philosophers, scientists and statesmen all over the world’. ‘Some of them pointed out the need for a world government’ and thereby, ‘the League of Nations was created. Its failure led to the out break of the Second World War following which UNO came into being. The changes occurred not easily or peacefully. There were regional wars, world wars, revolutions, cold war on the one side, and exchange of ideas, dialogues and synthesis advanced through the principle of thesis-antithesis-synthesis. In this process, dialogues and exchange of ideas played an important role.’[35]


Despite all the changes and advancement through ages, the identity and the original differences of ancient civilisations and cultures were not obliterated. They are present in the national cultures of today. While we think of peace in the world perspective, we must not forget the nation, national culture, nation-state and international affairs of states and nations.[36]


‘At the present stage of civilisation, if we think of wiping them out for the success of globalisation’,[37] if we search for ‘achieving universal brotherhood, peace and prosperity of mankind, we should search for new measures. The old ideas of conflicting nationalism or internationalism will not do well in the changed situation of today. Any hegemonic world order based on dominance-dependency policy shall fail.’[38]


One of the cornerstones of the Universal Declaration of Human Rights is that ‘no one shall be held in slavery or servitude’. Despite this commitment made over 50 years ago to abolish slavery, we are faced with the reality that many contemporary forms of slavery persist or are actually increasing. Bonded labour, trafficking in human beings, prostitution, forced labour and the exploitation of child labour affect millions of people around the world.[39] In such a situation, it is, therefore, essential that people should now get themselves prepared for the up-coming human rights challenges.[40] To start with, they should be sensitised in areas like:


  • the increasing role of science and technology in the determination, regulation and control of pertinent relationships, interactions, outcomes etc, having direct or indirect human rights implications arising from pre-birth through post-death stages;
  • the role of information super highway, space technology etc. in the improvement of transparency and accountability in human rights areas;
  • prevention of human rights abuses with the aid of science and technology and vice-versa;
  • need for re-defining human rights and obligations in an evolving context; and
  • human rights as a focus and parameter of human development.[41]


For a peaceful, happy and prosperous future of mankind, national culture and nation-state should be respected. Nationalism and internationalism by developing international ethics, new international laws, advanced international and regional organisations.[42]


Internationalism should be considered not as contradiction but as complement of nationalism. Interference by one state into the internal affairs of another must be stopped. Welfare of collective life consisting of all man and woman should be a principle. Individual liberty as well as social responsibility should be given due importance. If mankind proceeds in this way, universal brotherhood will not be so distant as to seem impossible. Taking upon this way a world government may be founded in the future. None of these objectives can be achieved forcibly or by any oppressive measure or high-handed manner. New leadership for new world order is essential. We should always have in mind how ancient civilisations of local and regional nature developed to the present global nature[43] and as it has already been found in preceding chapter 1 that the Charter of Rights for mankind being confirmed by the recent world conference on Human Rights in the Vienna Declaration 1993 that the human rights are universal, invisible, interdependent and interrelated and the second hypotheses that 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 received support.


Globalisation ‘is boosted by the speed of increasing global communications. It now marks the growing interdependence of the modern world. This can bring human rights dividends: through, for example, an increased access by everyone to information which in turn increases a global awareness of human rights, both in terms of individuals’ entitlements and of their violation; the enhanced development of civil society at the national level, strengthen through international links; and the improvements that all this can bring in terms of democratisation and increased government accountability. Managed wisely, the new wealth being created by globalisation also could create the opportunity to lift millions of the world’s poorest people out of poverty.’[44]


Developing and developed countries, therefore, international institutions, the private sector and civil society need to rise to the challenges posed by globalisation. If countries are to harness the benefits of globalisation, they need effective systems of government and action against corruption; they need to ensure respect for human rights. It is a question of basic justice to promote security, safety and justice for all and the rule of law. But it is also a question of sustainable economics. Regimes which govern their citizens by fear and repression cannot expect the sane people to display the creativity and innovation in their work which are essential to vital future-oriented economics.[45]


Here, it needs to be re-emphasised that to achieve the ultimate goal of the protection and promotion of Human Rights for peace and development in the world an objective international standard of The Vienna Declaration from the World Conference on Human Rights[46] and promises’ which ‘support in national efforts directed towards this objectives’[47] of the new world order should be strictly maintained.


These objectives aim a borderless global standard and one to one approach to include every individual member of the human family for peace and development in the world. As no man, irrespective of gender, colour and race, is isolated from the other, for the protection and promotion of human rights objectives reflected in the aspirations of the world community and for New World Order, 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 is imperative.


From the above discussions of this chapter, the third hypotheses that 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 and that 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 also receive support.


6.1.3 Man for Man Theory Approach: The Theory of World Peace: Visiting Fourth and Fifth Hypotheses


From overall analysis on the basis of evidences and summaries in preceding chapters, further evidences and analysis in this present one and recommendations and findings presented herein above, this dissertation contributes to the literature that studies development of human rights law by providing a detailed study that shows that that 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 is ‘one to one-cum-one for other’ dependent or ‘inter’ dependent and thereby every human person inherits a ‘man for man’ plus ‘one to one-cum-one for other’ approach of thinking, living and working.


This dissertation also contributes to the development of human rights law showing that for protection and promotion of human rights as well as 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; and that the ‘man for man’ plus ‘one to one-cum-one for other’ approach, as ‘Man for Man Theory’ approach should imply as the ‘Theory of World Peace’ in the ‘New World Order’.


Evidence presented in this dissertation further shows that under the ‘Man for Man Theory’ approach, for protection and promotion of human rights for peace and development in the world, 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 should get prepared to be embraced as an ‘Ambassador of World Peace’ and thus, the fourth hypotheses to the same effect was confirmed.


Finally, analysis of evidences presented in this dissertation shows that the only way to make the world terrorism and war free and to confirm peace and development worldwide should be the unity of the world community in one and single approach 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’ and the fifth hypotheses that 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 was supported.



[1]{C} James A. Holland & Julian S. Webb, Learning Legal Rules, 5th Edition, Oxford: Oxford University Press, 2003:3. [2]{C} Ibid.

[3]{C} The Role of Judiciary in Promotion and Protection of Human Rights By Dr. Hamiduddin Khan, Published in The Dhaka University Studies Part V June 1993:102.

[4]{C} Ibid Page 103. [5]{C} Ibid. [6]{C} Ibid. [7]{C} Ibid Page 101.

[8]{C} The Discovery of Love By Mufleh R. Osmany, Former Foreign Secretary, Government of the People’s of Bangladesh, Published in The Independent, Dhaka, Bangladesh on June 7 2005.

[9]{C}Globalisation under the US authority and the future of mankind By Abul Quasem Fazlul Huq, Anniversary Supplement, The Independent, Dhaka, Bangladesh 20 May 2003:25.

={C}[10]{C} My poem ‘Man for Man’, First Published in Poetry Nook of The Young Independent (Weekly Supplement of The Independent) ,Dhaka, Bangladesh on April 13 2006. =

[11]{C} The Role of Judiciary in Promotion and Protection of Human Rights By Dr. Hamiduddin Khan, Published in The Dhaka University Studies Part V June 1993:102.

[12]{C} Ibid Page 101-102.

[13]{C} Said by James Willard Hurst, Source: The Role of Judiciary in Promotion and Protection of Human Rights By Dr. Hamiduddin Khan, Published in The Dhaka University Studies Part V June 1993:102.

[14]{C} The Role of Judiciary in Promotion and Protection of Human Rights By Dr. Hamiduddin Khan, Published in The Dhaka University Studies Part V June 1993:102.

[15]{C} Salmond’s Jurisprudence (As Expounded By Sir John Salmond) 1987: 223, Published by Monsoor Book House, Katchery Road, Lahore.

[16]{C} Ibid Page 222.

[17]{C} Achievement of Justice Morshed: The great champion of rule of law; By Justice Latifur Rahman, Former Chief Justice of Bangladesh and Former Chief Advisor of the Government of the People’s Republic of Bangladesh, Published on 29 April 1999 as Editorial of The Independent, Dhaka, Bangladesh.

[18]{C} Salmond Page 224. [19]{C} Ibid. [20]{C} Ibid Page 227. [21]{C} Ibid. [22]{C} Ibid.

[23]{C} The Role of Judiciary in Promotion and Protection of Human Rights By Dr. Hamiduddin Khan, Published in The Dhaka University Studies Part V June 1993:106.

[24]{C} International Conference on Human Rights 1993. [25]{C} Human Rights And Development: An Integrated Strategy For Their Realisation By Dr. Kamal Hossain.

[26]{C} World Youth Exchange Views On War And Peace By Md Abdul Mannan Published in The Independent, Dhaka, Bangladesh on 4 September 1999 as its Editorial.

[27]{C} Ibid.

[28]{C} AFP, Washington, Democrates Reactions to President’s Policy Speech: Bush Accused of Leading US into Isolation, Courtesy: The Independent, Dhaka, Bangladesh 22 January 2004:11.

[29]{C} War on Iraq: Beginning of the 4 th World War? By Kazi Mamun-ur-Rashid, Courtesy: Anniversary Supplement, The Independent, Dhaka, Bangladesh 20 May 2003:32.

[30]{C} A Nacked Display of Military Power By Tariq Ali, NEWSWEEK, March 10, 2003: 28. [31]{C} The Biggest Catch Yet By Mark Hossenball and Evan Thomas, NEWSWEEK March 10, 2003:31.

[32]{C} AFP, Guwhati, India, Six More Killed in Ethnic Clashes in Assam: The Independent, Dhaka, Bangladesh 21 November, 2003:7.

[33]{C} Ibid.

[34]{C} War on Iraq: Beginning of the 4th World War? By Kazi Mamun-ur-Rashid, Courtesy: Anniversary Supplement, The Independent, Dhaka, Bangladesh 20 May 2003:32.

[35]{C} Globalisation under the US authority and the future of mankind By Abul Quasem Fazlul Huq, Anniversary Supplement, The Independent, Dhaka, Bangladesh 20 May 2003:25.

[36]{C} Ibid. [37]{C} Ibid. [38]{C} Ibid.

[39]{C} Human Rights in 21st Century By John Battle (The Writer is the British FCO Minister of State): This article is based on a speech he delivered at the Human Rights Commission, Geneva, on 22 March, 2001; Courtesy: The Independent, Dhaka, Bangladesh.

[40]{C} Ibid. [41]{C} Future of Human Rights By Dr. M. S. Haq: The Independent, Dhaka, Bangladesh 31 May 1999.

[42]{C} Globalisation under the US authority and the future of mankind By Abul Quasem Fazlul Huq, Anniversary Supplement, The Independent, Dhaka, Bangladesh 20 May 2003:25.

[43]{C} Ibid.

[44]{C} Human Rights in 21st Century By John Battle (The Writer is the British FCO Minister of State): This article is based on a speech he delivered at the Human Rights Commission, Geneva, on 22 March, 2001; Courtesy: The Independent, Dhaka, Bangladesh.

[45]{C} Ibid. [46]{C} International Conference on Human Rights 1993. [47]{C} Human Rights And Development: An Integrated Strategy For Their Realisation By Dr. Kamal Hossain.






Chapter 7



7.1 Conclusion

This dissertation is the outcome of the research conducted with a view to investigate the needs and ways for protection of human rights for peace and development in the world.


There are seven chapters in this dissertation. To address the issues for analysis, in the introduction at the chapter 1, the background reasons for the said investigation has been put forward; the methodology, hypotheses, experimental works, organization of the dissertation and summary have been put forward in chapter 2; at the beginning of chapter 3, the term ‘human rights’ has been defined and the need for protection and promotion of human rights, ways and norms for protection of human rights, criteria of human rights protection, charter of the United Nations, Universal Declaration of Human Rights and summary have been put forward in the said chapter thereafter; chapter 4 and 5 have come out with detailed discussion of 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 UN 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 organizations, philosophical analysis of the concept of human rights, moral and legal rights, philosophical justification of human rights, the interest theory approach, the will theory approach and summary therein; chapter 6 deals with analysis of hypotheses and recommendations; and finally analysis and suggestions for further research is also made in this concluding chapter 7.


Therefore, a substantial discussion has been made in regards human rights issues and the needs and ways for protection and promotion of human rights throughout the world.


Experimental works of this study, as discussed in chapter 2, 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 and suggests that 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 and in the present day world we all are very much connected and interdependent.


This study demonstrates in chapter 3 that 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; human rights are advanced as legal rights and protected by the rule of law; the concept of international protection of human rights is firmly established in international human rights law; human rights as contained in the Charter of the United Nations and Universal Declaration of Human Rights, enjoys the status of International Law; 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; 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; 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; human rights are, political norms dealing mainly with how people should be treated by their governments and institutions; human rights exist as moral and/or legal rights; human rights are numerous rather than few; human rights protect people against familiar abuses of people's dignity and fundamental interests; human rights are minimal standards and their focus is protecting minimally good lives for all people; human rights are international norms covering all countries and all people living today; international law plays a crucial role in giving human rights global reach; human rights are universal provided that such rights are recognised through domestic enactments and legislative provisions; human rights are high-priority norms; human rights require robust justifications that apply everywhere and support their high priority; human rights are universal, invisible, interdependent and interrelated; when enacted into law of any country the human rights become fundamental rights of the citizen of the country; all human beings are born free, equal in dignity and rights, endowed with reason and conscience and they should act towards one another in a spirit of brotherhood; everyone is entitled to all the rights and freedoms set forth in the UDHR without any distinction; everyone has the right to life, liberty and security of person; no one shall be held in slavery or servitude; no one shall be subjected to torture or inhuman treatment; everyone has the right to recognition before the law; all are equal before the law and are entitled to equal protection of the law; everyone has the right to remedy by the competent tribunals for acts violating the fundamental rights; no one shall be subjected to arbitrary arrest, detention or exile; everyone is entitled to a fair and public hearing of any criminal charge against him by independent and impartial tribunal; everyone charged with a penal offence has the right to be presumed innocent until proved guilty; everyone has the right to the protection of his privacy, family, home or correspondence, his honour and reputation; everyone has the right to freedom of movement and residence within the borders of each state and has the right to leave any country, including his own, and to return to his country; everyone has the right to seek and to enjoy in other countries asylum from prosecution unless such prosecution is genuinely contrary to the purposes and principles of the United Nations; everyone has the right to a nationality and to change it; without any limitation due to race, nationality or religion, men and women of full age, have the right to marry and to found a family and are entitled to equal rights as to marriage, during marriage and at its dissolution; the family is the natural and fundamental group unit of society and is entitled to protection by society and the State; everyone has the right to own property alone as well as in association with others and no one shall be arbitrarily deprived of his property; everyone has the right to freedom of thought, conscience and religion; everyone has the right to freedom of opinion and expression and to seek, receive and impart information and ideas through any media and regardless of frontiers; everyone has the right to freedom of peaceful assembly and association; everyone has the right to take part in the government of his country, directly or through freely chosen representatives and has the right of equal access to public service in his country; the will of the people by universal and equal suffrage shall be the basis of the authority of government; everyone has the right to social security and is entitled to realisation through national effort and international co-operation of the economic, social and cultural rights indispensable for his dignity and the free development of his personality; everyone has the right to free choice of work and to protect himself against unemployment without any discrimination ensuring just and favourable remuneration and to join trade unions for the protection of his interests; everyone has the right to rest and leisure and periodic holidays with pay; everyone has the right to a healthy life including food, clothing, housing, medical care, social services and security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond control; everyone has the right to education; everyone has the right to freely participate in cultural, artistic and scientific advancement and its benefits; everyone has rights and freedoms of meeting the just requirements of morality, public order and the general welfare in a democratic society which may in no case be exercised contrary to the purposes and principles of the United Nations; all human beings are born free and equal in dignity and rights, endowed with reason and conscience and should act towards one another in a spirit of brotherhood and 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.


In chapter 4, this study demonstrates that the Universal Declaration of Human Rights has proclaimed 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 progreesive measures, national and international, to secure their universal effective recognition and observance, both among the peoples of Member States themselves and among the peoples of territories under their jurisdiction; protection and promotion of human rights has been always the major concern of the international community and is first of all and primatily a task, a duty and an international obligation; respect for human rights and human dignity is the foundation of freedom, justice and peace in the world; in fulfillment of the ultimate goal of achieving peace and development, the World Conference on Human Rights, 1993 urges governments, institutions, intergovernmental and non-government organisations to intensify their efforts for protection and promotion human rights supporting the view that human rights are universal, indivisible, interdependent and interrelated; the founding fathers of the United Nations established this organisation with the purpose of protecting and promoting huamn rights and maintaining international peace and securioty, of developing friendly relations among nations and of taking other appropriate measures to strengthen universal peace; the whole human rights edifice is founded on the principle of the equal dignity of all human beings; the logical and inescapable consequence of this principle is this universality of human rights; since establishment of the United Nations in 1945, the promotion and protection of human rights being its major preoccupation, the organization's founding nations resolved that the horrors of The Second World War should never be allowed to recur; respect for human rights and human dignity is the foundation of freedom, justice and peace in the world; international covenants and conventions have the force of law for the States that ratify them; the ‘International Covenant on Economic, Social and Cultural Rights’ and the ‘International Covenant on Civil and Political Rights’ are legally binding human rights agreements; incorporation of international human rights norms into national laws and constitutions is a key element in the protection of human rights; the High Commissioner carries out the "good offices" function in the field of human rights on behalf of the Secretary-General and is therefore now the United Nations official with principal responsibility for human rights activities who is responsible for promoting and protecting human rights for all and maintains a continuing dialogue with Member States; poverty and sustainable livelihoods are closely linked to human rights; poverty is a violation of human rights; poverty and inequality can undermine human rights by fueling social unrest and violence and increasing the precariousness of social, economic and political rights; poverty elimination is a core UNDP goal and a prime objective of its sustainable human development paradigm; the right to development is an inalienable human right of every human person and all peoples to exercise full and complete sovereignty over all their natural wealth and resources in pursuit of their economic, social and cultural development; human rights are very much on the international political agenda; fundamental human rights, such as the right to life, the physical integrity of the human person and the right to freedom of thought and conscience are violated on a massive scale in many parts of the world; nongovernmental organisations (NGOs) allow for collaborations between local and global efforts for human rights by translating complex international issues into activities to be undertaken by concerned citizens in their own community and the functions of international NGOs include investigating complaints, advocacy with governments and international governmental organisations, and policy making and the local activities includes fundraising, lobbying, and general education.


This study also demonstrates in chapter 5 that human rights are best thought of, as being both moral rights and legal rights; the successful passage of many human rights into international and national law enables one to think of human rights as, in many cases, both moral rights and legal rights, but the 'philosophically naïve' view of human rights effectively construes human rights as legal rights and as such human rights claim validity everywhere and for everyone, irrespective of whether they have received comprehensive legal recognition; the principal function of human rights is to protect and promote certain essential human interests; the universality of human rights is grounded in what are considered to be some basic, indispensable, attributes for human well-being, which all of us are deemed necessarily to share; it would be reasonable to accept and comply with human rights, in circumstances where most others are likely to do so, because these norms are part of the best means for protecting one's fundamental interests against actions and omissions that endanger them and the possession of basic human rights is grounded in what he presents as the distinguishing characteristic of human beings generally.


Finally, the overall analysis of discussions of this study also demonstrates the contention that economic development, human rights, good governance and peace are, in fact, inextricably connected and mutually enforcing. Peace is a necessary precondition for development; and equitable development eradicates many of socio-political conditions which threaten peace. It comes as no surprise to find that those countries whose economics are declining, whose political institutions are failing and where human rights are abused should also be ones experiencing the greatest amounts of violence and turmoil.[1]


Peace is not only one of the purposes of the international organisations, it is the justification of all other purposes.[2]


The Covenant of the League of Nations[3] in the first lines of the preamble provides:


… To promote international cooperation and to achieve international peace and security by the acceptance of obligations not to resort to war.


Like the League of Nations, the United nations was born out of a world war. While the purpose of the League was to constrain the Member States, “Not to resort to war”, that of the United Nations was expressed in a more positive manner in that “Peace” as a fundamental objective was not merely the absence of war. The purpose of the United Nations is summed up in paragraph I of Article I of the Charter:


To maintain international peace and security, and to that end, to take effective collective measures for the prevention and the removal of treats of peace, and to bring about by peaceful means and in conformity with the principles of justice and international law, adjustment of settlement of international disputes or situations which might lead to a breach of peace.[4]


Poverty is also one of the threats to peace, as described in the preceding chapters. Therefore, peace is not just the absence of a world war. It is the absence of those factors which lead to violence and war, political injustice, economic injustice, social injustice and cultural injustice at international and national level.


In preceding chapters and paragraphs, analysis of cause of conflicts, violence and war shows a path-way to end these, by maintaining an objective international standard what The Vienna Declaration from the World Conference on Human Rights[5] urged Governments “to incorporate standard as contained in international human rights instruments in domestic legislation” and to “strengthen national structures, institutions and organs of society which play a role in promoting and safeguarding human rights”, and promises support in national efforts directed towards this objectives[6] and side by side a new world order.


Thus, analysis of all five main hypothesis of this dissertation suggests that in a ‘New World Order’, for protection and promotion of human rights for peace and development in the world the ‘man for man’ correlative and interdependent approach namely, the ‘Man for Man Theory’ approach should imply as the ‘Theory of World Peace’ and the only way to make the world terrorism and war free and to confirm peace and development worldwide should be the unity of the world community in one and single approach 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.



7.2 Suggestions for Further Research


Further research should continue to examine the need for constitutional protection of human rights as fundamental rights in more precise measures of key theories and instruments. While the results of this study show that in a ‘New World Order’, for protection and promotion of human rights for peace and development in the world the ‘man for man’ correlative and interdependent approach namely, the ‘Man for Man Theory’ approach should imply as the ‘Theory of World Peace’, additional research is needed to replicate the findings of this dissertation and elucidate the connections between ‘man for man’ approach of world peace the need for constitutional protection of human rights as fundamental rights.


Further research should also continue to examine the need for global treatment of human rights as legal rights and to confirm full-fledged enforcement of human rights under international law side by side national law jurisdictions with due ratifications and legislations worldwide.





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