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UN CHARTER
1. Foundation for International Human Rights: The UN Charter, signed in 1945, establishes
the promotion and protection of human rights as a core purpose of the United Nations,
marking a global commitment to safeguarding human dignity.

2. Basis for Human Rights Treaties: The Charter laid the groundwork for subsequent human
rights frameworks, including the Universal Declaration of Human Rights (UDHR) and
various international covenants and conventions.

3. Obligations for Member States: It obliges UN member states to promote respect for
human rights, creating a legal and moral responsibility to uphold fundamental freedoms
globally.

World War II significantly influenced the creation of the United Nations Charter and its
emphasis on human rights. Key contexts include:

1. Response to Atrocities: The horrors of WWII, including the Holocaust and widespread war
crimes, highlighted the urgent need for international mechanisms to protect human rights
and prevent such atrocities from recurring.

2. Global Peace and Security: The war underscored the link between human rights violations
and global conflict, motivating the inclusion of human rights promotion in the UN Charter to
foster peace and stability.

3. Universal Commitment: In the aftermath of the war, there was a collective resolve among
nations to establish a universal commitment to human dignity, leading to the integration of
human rights as a key pillar of the new international order.

💡 IMPORTANT - CLAUSE 1(3) of United nations presents - that countries must

maintain and respect the rights and fundamental freedoms including those associated
with race, class gender creed and sex.

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 💡 UDHR was the first of its kind - which was introduced by United nations in order to
promote Human rights protection
This is not legally binding. The predeccsor to this was the bill of rights which was a
trinity of declaration that did not go through due to the Cold war and Communist
revolution in China

💡 ELENOR ROSELVET - She served as the first Chairperson of the Commission on

Human Rights and played an instrumental role in drafting the Universal Declaration
of Human Right- however it was much later that the instrument was created due to
the cold war between the USA and USSR.

The universal declaration of Human rights :

The Charter’s operative part contains six articles with explicit references to human rights,
making the subject one of the central themes of the legal instrument.

UNHCR included looking at Civil+political+ Cultural and economic social and cultural

In 1948, the Universal Declaration of Human Rights brought human rights into the realm of
international law. Since then, the Organization has diligently protected and promoted human
rights through legal instruments and on-the-ground activities.

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 Due to the cold war - there became 2 separate blocs such as the EASTEN bloc - which promoted
Economic and social rights. However the WESTERN bloc covered the Civil and political rights
which led to drafting of two different drafts

the ICCPR has 2 optional protocols. Optional protocols are An Optional Protocol is a
supplementary treaty to a primary international convention or agreement. They are usually made
in order to expand on the scope of the treaty. This is as the name states “operational” and States
must specifically ratify or accede to them, making their adoption optional for countries that are
party to the original convention

DIFFERENCE BETWEEN THE ICCPR and the ICESCR

ICCRP Art 2 ICESCR Art 2

This does not needed a ratification by the

This requires the state to legislative measure
legislature in the state

This one lays down a procedure to grant people those

This is based on the substantive need for grant
rights. Which means you as the state must take positive
of rights. No steps which is given
state

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 The implementation of the ICCPR is subject
however policies are formulated according to the covenant
to the jurisdiction of the state- which makes
which is not based on the
its application narrow

Not ratified by china Not ratified by USA

173 parties 171 parties

The language of ICESCR is is programatic- as it takes step to make sure that all resources of the
state - is individually and collectively available to become progressive and achieve full
realisation

CHARTER BASED SYSTEM

A framework where rights, obligations, or principles are established and governed by a
charter.

A charter is a formal document that outlines the foundational rules, objectives, and structure
of an organisation, institutions, or government.

There are many charter based bodies

UNGA: which is the United nations General assembly and it works on a wide array of
international issues including those covered by the charter

United Nations Security Council (UNSC): Responsible for maintaining international

peace and security and the decions have bindig value

ECOSOC - This is the economic and social cooperation - which is for the international
social and eco development. Under Article 68 of this body allows for set up of
commissions - through which UNHCR - which is UN- Commission on Human Rights
was established in 1946

However in 2006 this org saw major changes including the replacement of
Commission of Human Rights with Human Rights
Council (HRC)- which was done by the Secretary General KOFI ANAN

Reasons?

Increasingly impossible to overcome divisions within the Commission +

excessive politicisation

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 Many members blocked resolutions than compromise

Many state members became both judges and defendants

Credibility in question as some members were themselves HR violators

HUMAN RIGHTS COUNCIL

Promoting universal respect for protection of all HR and fundamental freedoms;

The HRC was established with 47 members and on the concept of equality granted seats by
means of geographical distribution to ensure representation.

These members were elected by UNGA and all members were subject to re-election in 3
years.

The council meets at least 3 times a year in Geneva and has many other stakeholders who
are observer parties

Addressing and making recommendations on situations of violations of human rights

including gross and systematic violations;

Promotion of effective coordination and mainstreaming of human rights within the UN

system;

Capacity building;

Technical assistance, dialogue, recommendations to UNGA,

ISSUES WITH HRC:

while demands that the member countries must maintain the highest standard for the
promotion and protection of Human rights but there are no formal enforcement mechanisms
to hold them accountable - the only actionable consequence is that the member will be
suspended by 2/3rd majority and is subject to ratification which will lead to restoration

EG. this was done with Russia when they invaded Ukraine in 2022 or when in 2006
Libyan Arab Jamhariya’s membership was suspended.

UNDERTAKE A ‘UNIVERSAL PERIODIC REVIEW’

is a unique mechanism of the Human Rights Council that calls for each UN Member
State to undergo a peer review of its human rights records every 4.5 year.

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 This is an co-oprative mechanism which is non adversarial and has an interactive
dialogue centred approach.

It publishes an Report on the actions it has taken to improve the human rights situations
in their countries and to overcome challenges to the enjoyment of human rights; which
requires submission of three docs - NATIONAL REPORT , UN INFO and
SUMMARY OF STAKEHOLDERS INFO (last 2 are provided by OHCR)

It further also allows for a feedback mechanism which is informed by multi-stakeholder

input and pre-session reports – from UN Member States for continuous improvement

BENEFITS OF UPR
Encouragement of dialogue and mutual respect among states.

The opportunity for states to reflect on their own human rights record.

Increased accountability and transparency.

Role of NGOs

CRITICISMS OF UPR
Superficiality;

Continued politicisation;

Lack of punitive sanctions

Local and on ground reality is not recognised

the standards taken in these tests are based on the universal values as understood by the
global west

INDIAS STANCE ON UPS

it was recommended that India should now move ahead and ratify many instruments such as
the convention that promotes anti- tourture methods and Optional Protocols to the
International Covenant on Civil and Political Rights by majority of countries.

it was asked to make sure that hate speech is curbed and rigours laws which allow for anti-
discrimination and polices.

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 First gen
Second righyt

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