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Published: Fri, 02 Feb 2018
International bill of human rights
The International Bill of Human Rights is an informal name given to two international treaties and one General Assembly resolution established by the United Nations. It consists of the Universal Declaration of Human Rights (adopted in 1948), the International Covenant on Civil and Political Rights (1966) with its two Optional Protocols and the International Covenant on Economic, Social and Cultural Rights (1966).1 The two covenants entered into force in 1976, after a sufficient number of countries had ratified them.
In the beginning, different views were expressed about the form the bill of rights should take. In 1948, General Assembly planned the bill to include UDHR, one Covenant and measures of implementation. The Drafting Committee decided to prepare two documents: one in the form of a declaration, which would set forth general principles or standards of human rights; the other in the form of a convention, which would define specific rights and their limitations. Accordingly, the Committee transmitted to the Commission on Human Rights draft articles of an international declaration and an international convention on human rights. At its second session, in December 1947, the Commission decided to apply the term “International Bill of Human Rights” to the series of documents in preparation and established three working groups: one on the declaration, one on the convention (which it renamed “covenant”) and one on implementation. The Commission revised the draft declaration at its third session, in May/June 1948, taking into consideration comments received from Governments. It did not have time, however, to consider the covenant or the question of implementation. The declaration was therefore submitted through the Economic and Social Council to the General Assembly, meeting in Paris.
Universal Declaration Of Human Rights
The Universal Declaration of Human Rights (UDHR) is a declaration adopted by the United Nations General Assembly on December 10, 1948 at the Palais de Chaillot in Paris. The Declaration has been translated into over 300 languages and dialects, making it the most widely translated document in the world. The Declaration arose directly from the experience of the Second World War and represents the first global expression of rights to which all human beings are entitled. It consists of 30 articles which have been elaborated in subsequent international treaties, regional human rights instruments, national constitutions and laws. The International Bill of Human Rights consists of the Universal Declaration of Human Rights, the International Covenant on Economic, Social and Cultural Rights, and the International Covenant on Civil and Political Rights and its two Optional Protocols. In 1966 the General Assembly adopted the two detailed Covenants, which complete the International Bill of Human Rights.
The morals and values of human rights can be traced through the history of religious beliefs and cultures around the world. European philosophers of the Age of Enlightenment developed theories of natural law and fail blog that influenced the adoption of documents such as the Bill of Rights of England, the Bill of Rights in the United States, and the Declaration of the Rights of Man and of the Citizen in France.
National and International pressure for an international bill of rights had been building throughout World War II, In his 1941 State of the Union address US president Franklin Roosevelt called for the protection of what he termed the “essential” Four Freedoms: freedom of speech, freedom of conscience, freedom from fear and freedom from want, as its basic war aims. This has been seen as part of a movement of the 1940’s that sought to make human rights part of the conditions for peace at the end of the war. The United Nations Charter “reaffirmed faith in fundamental human rights, and dignity and worth of the human person” and committed all member states to promote “universal respect for, and observance of, human rights and fundamental freedoms for all without distinction as to race, sex, language or religion”.
When the atrocities committed by Nazi Germany became public knowledge around the world after World War II, the consensus within the world community was that the United Nations Charter did not sufficiently define the rights it referenced. A universal declaration that specified the rights of individuals was necessary to give effect to the Charter’s provisions on human rights.
Canadian John Peters Humphrey was called upon by the United Nations Secretary-General to work on the project and became the Declaration’s principal drafter. At the time Humphrey was newly appointed as Director of the Division of Human Rights within the United Nations Secretariat. The Commission on Human Rights, a standing body of the United Nations, was constituted to undertake the work of preparing what was initially conceived as an International Bill of Rights. The membership of the Commission was designed to be broadly representative of the global community with representatives of the following countries serving: Australia, Belgium, Byelorussian Soviet Socialist Republic, Chile, China, Cuba, Egypt, France, India, Iran, Lebanon, Panama, Philippines, United Kingdom, United States, Soviet Union, Uruguay and Yugoslavia.
The Universal Declaration was adopted by the General Assembly on 10 December 1948 by a vote of 48 in favor, 0 against, with 8 abstentions (all the Soviet Bloc states, Byelorussia, Czechoslovakia, Poland, Ukraine, USSR, as well as Yugoslavia, South Africa and Saudi Arabia).
The following countries voted in favor of the Declaration: Afghanistan, Argentina, Australia, Belgium, Bolivia, Brazil, Burma, Canada, Chile, China, Colombia, Costa Rica, Cuba, Denmark, the Dominican Republic, Ecuador, Egypt, El Salvador, Ethiopia, France, Greece, Guatemala, Haiti, Iceland, India, Iran, Iraq, Lebanon, Liberia, Luxembourg, Mexico, Netherlands, New Zealand, Nicaragua, Norway, Pakistan, Panama, Paraguay, Peru, Philippines, Thailand, Sweden, Syria, Turkey, United Kingdom, United States, Uruguay and Venezuela.
Despite the central role played by Canadian John Humphrey, the Canadian Government at first abstained from voting on the Declaration’s draft, but later voted in favour of the final draft in the General Assembly.
International Covenant On Civil And Political Rights
The International Covenant on Civil and Political Rights (ICCPR) is a multilateral treaty adopted by the United Nations General Assembly on December 16, 1966, and in force from March 23, 1976. It commits its parties to respect the civil and political rights of individuals, including the right to life, freedom of religion, freedom of speech, freedom of assembly, electoral rights and rights to due process and a fair trial. As of October 2009, the Covenant had 72 signatories and 165 parties.
The ICCPR is part of the International Bill of Human Rights, along with the Universal Declaration of Human Rights (UDHR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR).
The International Covenant on Civil and Political Rights is monitored by the Human Rights Committee (a separate body to the Human Rights Council which replaced the Commission on Human Rights, under the UN Charter in 2006) with permanent standing, to consider periodic reports submitted by member States on their compliance with the treaty. Members of the Human Rights Committee are elected by member states, but do not represent any State.
The ICCPR has its roots in the same process that led to the Universal Declaration of Human Rights. A “Declaration on the Essential Rights of Man” had been proposed at the 1945 San Francisco Conference which led to the founding of the United Nations, and the Economic and Social Council was given the task of drafting it. Early on in the process, the document was split into a declaration setting forth general principles of human rights, and a convention or covenant containing binding commitments. The former evolved into the UDHR and was adopted on December 10, 1948.
Drafting continued on the convention, but there remained significant differences between UN members on the relative importance of negative Civil and Political versus positive Economic, Social and Cultural rights. These eventually caused the convention to be split into two separate covenants, “one to contain civil and political rights and the other to contain economic, social and cultural rights.” The two covenants were to contain as many similar provisions as possible, and be opened for signature simultaneously. Each would also contain an article on the right of all peoples to self-determination.
The first document became the International Covenant on Civil and Political Rights, and the second the International Covenant on Economic, Social and Cultural Rights. The drafts were presented to the UN General Assembly for discussion in 1954, and adopted in 1966
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