Although the United Nations Has Led the Way in Developing International Human Rights l - Essay Example

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Introduction The Preamble to the United Nations Charter speaks about the human rights which details as follows: “We, the people of United Nations resolved - to reiterate faith in basic human rights, in the worth and the dignity of the individuals, in the analogues’ rights both to women and men and of countries, irrespective of their size either small or large”…
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Although the United Nations Has Led the Way in Developing International Human Rights l
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Download file to see previous pages In general, the two Covenants on Human Rights of 1966 for the United Nations human rights system really emphasise the assessment of the periodical reports that are filed by respective state parties at periodical time phases to the United Nations Human Rights Committee.(hitherto will be known as committee). In addition to this, the International Covenant of Civil and Political Rights (ICCPR) introduce oversight through controversial procedure in the guise of an inter-state complaint2.Further, the First Optional Protocol to this Covenant permits an individual to request for an assessment of a said infringement of the covenant3. However , the UN committee referred above is not toothed with adequate authority and hence , being criticised as “ in no sense a court of law ” which can be regarded as less competent as compared to the Inter-American or European Court4. One of the efficient ways of guaranteeing honour for human rights is to submit the said infringements or queries to an international judicial setup. However, under international community, it is very arduous to implement such submission as international community is very vigilant about any sort of judicial review or statement5. It is to be noted that the mechanism for human rights protection not only existing on the international level but also on the regional level like the “American Convention on Human Rights and Fundamental Freedoms and the European Convention for the Protection of Human Rights and the African Charter on Human and People’s Rights.” The Inter-American Court and Commission and the European Court of Human Rights, have poignant authority to ensure the effective safeguard of the rights that are highlighted in the relevant conventions. Further, the verdicts made by these institutions are as effective as national court’s verdicts. As already seen, the UNHRC (the United Nations Human Rights Committee) created under the International Covenant on Civil and Political Rights (ICCPR) has the authority to look into complaints made by the individual on said human rights infringement. However, the UNHRC is in short of poignant authority to be as effective as the regional human rights courts in America and in Europe. This research paper evaluates the efficacy of the UNHRC through a comparative evaluation. The comparison between the regional and international human rights committee is being carried over on the following grounds; The visibleness of such courts ,particularly in the public domain To pursue interim steps to bar the frustration of such infringement The ability and fact finding calibre of the Court The implementation of final verdicts and the follow-ups thereto. Analysis It is to be noted that in spite of existence of statutory shortcomings of both the Covenant and the Optional Protocol, the UNCHR can function in an efficient way as that of regional human rights courts without amending these instruments. This can be reality if the committee’s interim measure is given a binding status; further, through the reversal of burden of proof, the committee can surmount the lack of its autonomous fact-finding capacity. Further, the UNCHR should enhance its visibility and should give wide publicity of its verdicts, and the committee should see that compliances by states with its final, up-to-point binding verdicts. ...Download file to see next pagesRead More
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