Manshi HRs

BARKATULLAH
VISHWAVIDYALAYA
Department of Legal Studies
and Research
U.N. and Human Rights
B.A. LL.B. (HONS), 3RD YEAR (SIXTH SEM)
Subject: Human Rights Law and Roll no. 2280800017

practice Enrollment no. R228088090106
Submitted by: Manshi Patel E-mail: [email protected]
Submitted to: Priyansha Singh Date of submission: 01/05/24
Synopsis
• The U.N. Charter and Human Rights
• Provisions of Charter concerning Human Rights
• Human Rights and Domestic Jurisdiction
• U.N. bodies primarily concerned with Human Rights
Human Rights council
Sub – commission on Prevention of Discrimination and Protection of Minorities
Commission on status of women
1. U.N. high commissioner for Human Rights
• U.N. Centre for Human Rights

• Other bodies primarily concerned with Human Rights
• Conclusion
DEFINITION OF HUMAN RIGHT
*Section 2(d) of the Human Right Protection Act 1993 defines human rights as “the rights
relating to life, liberty, equality and dignity of the individual guaranteed by the Constitution
or embodied in the International Covenants and enforceable by courts in India”.
*David Selby defined human rights as “those rights which pertain to all persons and are
possessed by every individual because they are human”,
* According to UN- Human rights are rights inherent to all human beings, regardless of
race, sex, nationality, ethnicity, language ,religion, or any other status. Human rights
include the right to life and liberty, freedom from slavery and torture, freedom of opinion
and expression, the right to work and education, and many more.
The U.N. and Human Rights
• The UN Charter, which was signed in June 1945, and came into legal force in
October 1945, mentions human rights in a number of different places, as we
have already seen. (the Preamble to the Charter, Article 1, Article 13, Article
55, Article 68). The Charter of the United Nations represents a significant
advancement so far as faith in and respect for human rights is concerned. The
signing of the Charter of the United Nations also marks the formal recognition
that human rights is a matter of international concern.
• With the horrors perpetrated by Nazi and Fascist leaders still in their minds,
the makers of the Charter were determined that the rights of the individual be
made an international concern.
• The signing of the United Nation Charter which incorporates several
provisions concerning human rights has done much to stimulate the large
amount of international human rights which are respected today.
PROVISIONS OF CHARTER CONCERNING HUMAN
RIGHTS
Concern for Human Rights is woven into UN charter ‘ like a golden thread’. Human
Rights is underlined and highlighted in the charter and there are as many as seven
references. They are:
a) In the preamble.
b) Among purposes of the U.N.(Article 1.3)
c) Among the responsibilities of the General Assembly (Article 55c)
d) Among the objectives of the International Economic and Social Co-operation
(A.13(2))
e) Among the functions of Economics and Social Council (A.62(2))
f) As a responsibility of Economic and Social Council regarding setting up of a
Commission for the promotion of human rights
g) Among the objectives of the Trusteeship System ((A.76c)
HUMAN RIGHTS AND DOMESTIC JURISDICTION
• One of the problems that arises in the implementation of the human

rights program is the question of domestic jurisdiction. This is because
of Article 2 (7) of the U. N. Charter which prohibits the U. N. “to intervene
in matters which are essentially within the domestic jurisdiction of any
State” nor the U. N. “shall require the members to submit such matters
to settlement under the present Charter.”
• Exception to the Article is Chapter VII.

U.N. bodies primarily concerned with Human Rights
1. Human Rights council

• It is the main intergovernmental body within U.N. for Human Rights
• Established in 2006 by General Assembly .
• Responsible for promotion and protection of Human Rights around globe.
• Prior to present Human Rights Council there was U.N. Commission on Human
Rights.
Membership
• Consist of 47 members.
• Directly elected by members of General Assembly.
• 1/3rd members are being renewed every year.
• Tenure – 3yrs
Role
Its role includes strengthening the promotion and protection of Human Rights round
the globe.
2. Sub-Commission on Prevention of Discrimination and Protection of
Minorities.
It was established at its very first session in 1947, by the Commission on Human
Rights . Its items of reference which were extended in scope by the Commission of
Human Rights in 1949 are:
(a) to undertake studies, particularly in the light of Universal Declaration of Human

Rights, and to make recommendations to the Commission on Human Rights
concerning the prevention of discrimination of any kind relating to human rights and
fundamental freedoms and the protection of racial, national, religious and linguistic
minorities, and
(b) to perform any other functions entrusted to it by the Economic and Social
Council or the Commission on Human Rights.
Note: In 1999, the Economic and Social Council changed the title from the Sub-
Commission of Discrimination and Protection of Minorities to the Sub- Commission
3. Commission on the Status of Women
The Commission on the Status of Women is a functional Commission of the Economic and
Social Council (ECOSOC) established by the Council in 1946. The functions of the
Commission are.
(a) to prepare recommendations and reports to the ECOSOC on promotion of women’s

rights in political, economic, civil, social and educational fields; and
(b) to make recommendations to the Council on urgent problems requiring immediate

attention in the field of women’s rights with the object of implementing the principle that men
and women shall have equal rights and to develop proposals to give effect to such
recommendations.
Membership
• Commission composed of 45 members .
• Elected by ECOSOC .
• Tenure 3 years.
4. U.N. High Commissioner for Human Rights
• The position was created in 20th Dec,1993 by General Assembly.

• Appointed by Secretary General.
• Tenure – 4 years.
The responsibilities of High Commissioner would include:

• Strengthening human Rights mechanism.
• Supervising the center for Human Rights.
• To take steps for the enhancement of international co-operation for the
promotion and protection of Human Rights .
Deputy to U.N. High Commissioner for Human Rights

U.N. Centre for Human Rights
U. N. Centre for Human Rights has been established at Geneva for

coordinating human rights activities. It performs the function of preparing
studies, reports and gets them published. It provides advisory services and
renders technical assistance to governments. It also provides staff for the
Commission, the Sub-Commission, the Human Rights Committee, the
Committee on the Elimination of Racial Discrimination.
Other U.N. bodies primarily concerned with Human Rights:
There are other UN bodies primarily with Human Rights such as, special
committee to investigate Israeli, committee on the elimination of the racial
discrimination, UN High commissioner for refugees,etc.
CONCLUSION
.Despite the numerous activities of the U. N. for the promotion and

observance of Human Rights there are still many violations and denials of
human rights all over the world.
It may be safely predicted, therefore, that if the international community
has a future, the United Nations will have to adjust itself to new
circumstances and that the body of international human rights law will
continue to grow.
Since then much water has flown the office of the U. N. Commissioner on
Human Rights has been created , various conferences and convention
have been adopted.
THANKYOU

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BARKATULLAH

Subject: Human Rights Law and Roll no. 2280800017

• U.N. Centre for Human Rights

• One of the problems that arises in the implementation of the human

• Exception to the Article is Chapter VII.

1. Human Rights council

(a) to undertake studies, particularly in the light of Universal Declaration of Human

(a) to prepare recommendations and reports to the ECOSOC on promotion of women’s

(b) to make recommendations to the Council on urgent problems requiring immediate

• The position was created in 20th Dec,1993 by General Assembly.

The responsibilities of High Commissioner would include:

Deputy to U.N. High Commissioner for Human Rights

U. N. Centre for Human Rights has been established at Geneva for

Other U.N. bodies primarily concerned with Human Rights:

.Despite the numerous activities of the U. N. for the promotion and

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