Universal Declaration of Human Rights - Case Study Example

Hello, I have read this and thinks it’s perfect I have slight amendments which are highlighted in red. thanks Universal Declaration of Human Rights Introduction Human rights are defined as, the basic standards by which we can identify and measure inequality and fairness. These rights are specified in the Universal Declaration of Human Rights.1 The United Nations adopted the Universal Declaration of Human Rights (UDHR) on the 10th of December 1948. It consists of a number of civil, cultural, economic, political, and social rights. Although, it is not legally binding, it provides an authoritative interpretation of several articles of the UN Charter; and the latter is binding on the member states of the United Nations.2 There are several international treaties that affirm human rights, and that these are binding on the signatory states. An assessment regarding the binding nature of the provisions of the UDHR was made in this work. The UDHR was instrumental in the development of international law, specifically the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR). Furthermore, the role of ICCPR and ICESCR, which derive from the UDHR were examined. This was done by referring to case law and opinions of various authors. It also analysed UN Charter provisions, such as the preamble, Article 1(3), 2, 13(1), 51, 55, 56, 62(2) and 68.3 This work arrived at conclusions, by establishing the binding nature of the UDHR on the member states. The UDHR was rendered binding upon the member states, by its incorporation into customary international law. Basic Elements of Human Rights The legal rules relating to human rights have been derived from a wide array of international documents, which in turn are based on the three fundamental instruments relating to human rights. The latter are the UDHR, the ICCPR, and the ICESCR. The origins of human rights lie in a number of religious and philosophical works.4 The ICCPR 1976; the ICESCR 1976, the Optional Protocol of ICCPR, and the 1948 UDHR; constitute the International Bill of Rights.5 Subsequent to these four documents, which constitute the International Bill of Rights, various treaties and conventions relating to human rights were enacted6 (I don’t understand this does it read right) Please put examples of the treaties and conventions in the footnotes. These were rendered binding law, in the states, where they had been ratified. Thus, whenever a member state of the United Nations ratifies to a convention, it implies that the country, in question, consents to adhere to the provisions of that convention. Moreover, such nations declare their willingness to alter their domestic laws, so that their national legislation is in conformity with the convention.7 Furthermore, such countries agree to report on the progress made in this endeavour to the UN. UN Charter Human rights constitute an important aspect of the UN Charter, as is evident from their mention at the very beginning of the Charter. Specifically, Articles 1.3 and 55c, discuss the promotion and safeguarding of Human Rights. The development of the UN, over the years, indicates a greater penchant for a practical approach, rather than one based on principles. This has emerged as a characteristic feature of the various institutions of the UN.8 Human rights are described in the various UN Charter provisions, such as the preamble, Article 1(3), 2, 13(1), 51, 55, 56, 62(2) and 68.9 These provisions deal with various human rights. Vienna Declaration 1993(please state when this came to effect) The Vienna Declaration stated very clearly that the primary responsibility of any government was to protect and promote human rights. It also clarified that democracy was a human right. This effectively, strengthened democracy and the rule of law. Stating that the protection and promotion of human rights are the "first responsibility" of Governments, the Vienna Declaration recognised democracy as a human right, thus strengthening the promotion of democracy and the rule of law.10 Legally Binding Nature of UDHR Human rights are described in 30 articles of the UDHR. These are civil and political rights; and economic, social and cultural rights that every human being is to enjoy. Moreover, everyone is to be permitted to enjoy all human rights.11 A resolution was passed at the United Nations Conference in Teheran (is their case for this or use the full citation) in 1968, whereby the UDHR was deemed to be obligatory for the member states of the United Nations12. Specifically, UDHR recommends that the member states should uphold human rights. Thus, the UNHR provides a list of human rights; which the member states had consented to promote under Articles 55 and 56 of the UN Charter. Some of the provisions of the UDHR have obtained a binding nature, as a new rule of customary international law.13 Many countries modify or discard a major portion of international law. However, there are some rules, in respect of which, such annulment is not permitted. These non – rescindable tenets or jus cogens have been specified in the Vienna Convention.14 The UDHR has a jus cogens nature, because it cannot be modified or annulled. Articles 22 to 27 of the UDHR specify economic, cultural and social human rights, Articles 1 to 21 specify the civil and political human rights and Article 28 specifies the right to development. Arguments The Filártiga case.15 This decision engendered a modern approach to international law and its application in the judicial system of the United States (US). This decision represented the assumption that federal jurisprudence was to conform to international law, because the latter constituted a basis of US common law. As a consequent, the federal courts could indict any country for a violation of international law.16 For example, the UN Security Council through a Resolution sought an Advisory Opinion from the International Court of Justice (ICJ), regarding the continued occupation of Namibia by South Africa, despite a Security Council Resolution to the contrary. To this the ICJ opined that the pertinent international organs should ensure the due performance of relevant treaties and conventions, with respect to Namibia.17 In the 1955 Nottebohm case (cite full case citation as I have done on FN 13), it was opined by judge Guggenheim that Article 15(1) of the UDHR, provides everyone with the right to a nationality.18 In the 1966 South West Africa (cite full case citation as I have done on FN 13)case, the judge held that although the UDHR was not in itself binding, it constituted proof of the elucidation and employment of the provisions of the UN Charter.19 Consequently, the prohibition of discrimination or segregation on the basis of race had emerged as a tenet of customary international law.20 The US v Iran cite full case citation as I have done on FN 13 case dealt with the illegal detention of US consular personnel by Iran.21 In this case, Iran had violated the basic norms of international law, by detaining members of the diplomatic corps. Furthermore, Iran had ignored the decision of the ICJ. Although Iran was a signatory to the UN Charter it had preferred to ignore the international norms. In the Yakimetz cite full case citation as I have done on FN 13case of 1987, Articles 13 and 15 of the UDHR were deemed to establish the basic principles of law.22 In the Mazilu cite full case citation as I have done on FN 13case, Article 16 of the UDHR was invoked, which states that integrity of a person‘s family and family life is a basic human right.23 In Sandra Lovelace v Canada it was held by the Human Rights Committee that any attempt at preventing her recognition as a member of the band, constituted an unwarrantable denial of the rights granted to her by Article 27 of the Covenant24. In the East Timor case, the ICJ opined that the people of East Timor were entitled to self determination25. In the Western Sahara Advisory Option, the ICJ held the construction of the wall and the subsequent restrictive measures, had severely affected the freedom of movement of those living in the Occupied Palestinian Territory. This constituted a breach of Article 12 of the International Covenant on Civil and Political rights26. All these cases reveal the fact that human rights are indispensable and inherent in the Rule of Law. The non amendable UDHR provisions promote human rights internationally. Although some countries show inadvertence towards implementation of Human rights provisions, finally, the UDHR was proved to be successful in binding the nations legally for the protection of the Human Rights. Conclusion The Universal Declaration of Human Rights states that every individual, without exception, is entitled to human rights. It is the avowed objective of the UDHR to ensure certain fundamental global norms that have as their outcome, the protection of any individual’s freedoms and rights. These stipulations, in general, have been understood to constitute the basis of international law. Specifically, the UDHR principles represent international customary law. Consequently, their recognition as a legal standard does not entail ratification by the state. Thus, the UDHR is a document of considerable significance. The UDHR, in combination with the ICSCR; ICCPR, and the Optional Protocol of ICCPR, constitutes the International Bill of Rights. Subsequently, many treaties and conventions relating to human rights were enforced. It is incumbent upon the member states to implement these human rights; and these member states have to change their laws, if required, for promoting and protecting human rights. Furthermore, these countries have to report the progress made in this endeavour to the UN. All these mechanisms have served to render the member states of the United Nations, accountable for promoting and protecting human rights. It can be concluded that the UDHR is not a mere declaration of human rights. It is legally binds the member states by means of customary international law. The case law discussed in this work reveals that the judges uphold the various provisions of the Universal Declaration of Human Rights. There has been considerable opposition to the implementation of the UDHR, but the firm stand of the UN has had a beneficial effect. As such, the UDHR has proved to be successful in binding nations to adopt international human rights law. Bibliography – After the name of the book please then state the publishers and then in brackets the year the book was published) Books Gudmundur Alfredsson and Asbjørn Eide, The Universal Declaration of Human Rights: a common standard of achievement , Martinus Nijhoff Publishers, (1999) Matthew C Dahl, ‘Soldiers of Fortune - Holding Private Security Contractors Accountable: The Alien Tort Claims Act and its Potential Application’ (2008) 37 Denv J Int’l L & Policy 119 Nihal Jaya Wickrama, The judicial application of human rights law, Cambridge University Press, (2002) Peter Malanczuk and Michael Barton Akehurst, Akehurst’s Modern Introduction to International Law, Routledge, (1997) Rhoda E Howard and Rhoda E Howard – Hassmann, Human rights in Commonwealth Africa, Rowman & Littlefield, (1986) Sydney Dawson Bailey and Sam Daws, The United Nations: a concise political guide, Rowman and Littlefield, (1995) T O Elias, Africa and the development of international law, Brill Archive, (1972) Cases Applicability of Article vi, Section 22, of the Convention on the Privileges and Immunities of the United Nations, ICI Reports 1989 Application for Review of Judgment No.333 of the United Nations Administrative Tribunal, ICJ Reports 1987 Filartiga v Pena-Irala 630 F 2d 876 (1980) Nottebohn Case (Liechtenstein v Guatemala) (second phase), Judgement of April 6th, 1955: ICJ Reports 1955, p 4 (could you please put the full citation of the case Portugal v Australia judgment 30 June 1995 ICJ Reports 90 Sandra Lovelace v. Canada, Communication No. 24/1977, U.N. Doc. CCPR/C/OP/1 at 83 (1984) South West Africa Case, (Ethiopia v. South Africa ; Liberia v. South Africa), Second Phase, Judgment, I.C.J. Reports 1966, p. 298 (could you please put the full citation of the case United States of America v Iran, United States Diplomatic and Consular Staff in Tehran, Judgment, 1. C. J. Reports 1980, p. 3 (could you please put the full citation of the case) Western Sahara Advisory Option 16 October 1975 ICJ Reports 12 Statutory Instruments (could you please state in this section all the articles which have been used and refer to the treaty or ACT) Charter of the United Nations, 1945, Articles, 1(3), 2,13(1), 51, 55, 56, 62(2), 68 International Covenant on Civil and Political Rights, 1966 International Covenant on Economic, Social and Cultural Rights, 1966 Vienna Convention on the Law of Treaties, done at Vienna on 23 May 1969 Article 53 Universal Declaration of Human Rights, 1948, Articles 1 – 27 Websites ––, ‘Human Rights Explained’ accessed 8 November 2009 Human Rights Resource Center, ‘What are Human Rights’ accessed 7 November 2009 ––, ‘I. Applicable Law and Principles’ < http://www.fao.org/DOCREP/005/Y4430E/y4430e04.htm> accessed 6 November 2009 ––, ‘Charter of the United Nations’, accessed 8 November 2009 Djamchid Momtaz, ‘Proclamation of Teheran’ < http://untreaty.un.org/cod/avl/pdf/ha/fatchr/fatchr_e.pdf> accessed at 10 November 2009 ––, ‘Universal Declaration of Human Rights’ < http://www.un.org/rights/HRToday/declar.htm> accessed 8 November 2009 Latin Words and phrases jus cogens Read More