The Foundation of Human Rights: From the UN to Global Law

Defining Rights, Duties, and Human Rights

Rights are the guarantees and freedoms that people possess. They can be secured by law and aim to provide protection and security to all citizens.

Duties are the rules, laws, or regulations that govern our coexistence in society.

Human rights are the fundamental conditions inherent to all human beings simply for being human. They belong to everyone and can refer to an individual or a group. Individual rights (like freedom) are fundamental requirements of a person, while social rights (like health and education) revolve around equality and solidarity.

The Generations of Human Rights

Human rights are often categorized into generations:

• First Generation: Civil and political rights.
• Second Generation: Social, economic, and cultural rights.
• Third Generation: Rights related to solidarity and peace.

The UN and the Universal Declaration of Human Rights

In the 20th century, the United Nations (UN) was created, and in 1948, it drafted the Universal Declaration of Human Rights (UDHR). This was a significant advance, as it recognized that human beings have certain rights simply by virtue of their existence.

The UN was established at a conference in San Francisco on June 26, 1945. Initially formed by 58 countries, its objectives were to defend individual rights, maintain peace, and promote cooperation among nations. On February 16, 1946, a committee was created within the UN to draft the declaration. The UDHR was officially adopted on December 10, 1948, a date now celebrated as International Human Rights Day.

Core Principles of Human Rights

Key Characteristics of Human Rights

Human rights have several core characteristics:

• Universal: They are valid for all people without any distinction based on race, color, sex, language, religion, or other status.
• Inalienable: They belong to the individual and cannot be taken away or transferred to others.
• Non-negotiable and Indivisible: You cannot negotiate the infringement of one right to promote the fulfillment of another. All rights are interconnected.

Universality and Cultural Dialogue

While universality is a key characteristic, human beings live in diverse cultures, leading to different interpretations of rights. The cultural diversity in our world necessitates a dialogue between cultures to find common responses to global problems.

How Human Rights Are Protected and Enforced

The 192 member states of the UN have pledged to implement the declaration. Various bodies, such as UNESCO, are responsible for helping enforce these rights through several mechanisms.

International Covenants and Agreements

Key legal documents that bind nations to uphold human rights include:

• The International Covenant on Economic, Social and Cultural Rights
• The International Covenant on Civil and Political Rights

Specialized UN Agencies and Forums

Several bodies monitor and promote human rights:

• Agencies: The Human Rights Committee and the Committee for the Elimination of Racial Discrimination.
• Forums: The Permanent Forum on Indigenous Issues.

The Role of International Tribunals

International courts uphold human rights law:

• The International Court of Justice: Solves disputes between states and issues advisory opinions.
• The International Criminal Court: Prosecutes individuals for crimes of genocide, war crimes, and crimes against humanity.