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“Law Master’s” Publication “Role of International Institution” Prof. S.D. Bhosale
(..2..)
Role of International Institutions on Human Rights
QUESTION BANK
1. What are the aims and objectives of UN Specialised Agencies? Explain briefly the
main functions of specialised Agencies for the protection of human rights.
2. Explain the importance and salient features of the Universal Declaration of Human
Rights (UDHR), 1948.
3 Discuss the relationship between the rights enshrined under the International Covenant
on Civil and Political Rights (ICCPR) and the rights enshrined under Part III of the
Constitution of India. Mention relevant Indian Judgments.
4. Explain the role of the United Nations in the promotion and protection of Human
rights.
5. Enumerate the social, economic and cultural rights as provided under the
International Covenant on Social, Economic and Cultural Rights and in the Constitution
of India.
6. Briefly explain the rights enshrined in the Universal Declaration of Human Rights,
1948 and its subsequent adaptation in the Indian Constitution.
7. Elaborate on the role played by UN Specialized Agencies with regard to Human
Rights.
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Short Notes
1. League of Nations and human rights.
2. Rights enshrined under ICCPR
3. Features of ICESCR.
4. U.N. Charter.
5. Role of NHRC.
6. Universal Declaration on Human Rights (UDHR).
7. International Labour Organisation (ILO).
8. Features of ICESCR.
9. UNESCO and Human Rights.
SYNOPSIS
Table of Contents
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I. Constitution of the League of Nations:-
The League of Nations was the first worldwide intergovernmental organisation whose
principal mission was to maintain world peace. The Covenant of League of Nations was
signed on 28 June 1919 as Part-I of the Treaty of Versailles and became effective with the
War I. The Covenant of The League of Nations was signed on 28 June 1919. The first
meeting of the Council of the League took place on 16 January 1920, and the first meeting
of the Assembly of the League took place on 15th Nov. 1920. Its headquarters was in
Geneva, Switzerland.
II. Goals of the League:-
The primary goal of the League was (i) preventing wars through collective security and (ii)
disarmament and (iii) setting international disputes through negotiation and arbitration.
Moreover, it is concerned with many minority rights (which we call human rights)
protection activities like improving Labour conditions, just treatment of native inhabitants,
war, and protection of minorities in Europe.
III. Minority Rights:-
The concept of ‘minority rights’ emerged as ‘human rights’ after II World War.
Minority rights were an important issue before and even after World War I. The
term
minority at the international level refers to national or ethnic, religious and linguistic
minorities, existing in the State. All States have one or more minority groups within their
national territories, characterized by their own national, ethnic, linguistic or religious
identity, which differs from that of the majority population.
The fight for independence carried out by various religious and national minorities
was an important factor in World War I. The then President of the U.S. Woodrow Wilson
advocated for nationality and the right of self-determination. The Treaty of Versailles (28
June 1919) was signed between the Allied and Associated Powers (who had won World
War I) and Poland. The treaty served as a model for “minorities treaties” and similar treaties
were signed with other nations including Czechoslovakia and Yugoslavia, Romania and
Greece. In some other peace treaties entered by the Allied states with Austria, Germain,
Bulgaria, Hungary, Turkey etc. special chapters for the protection of minorities were
inserted. Even some countries like Albania, Lithuania, Latvia, Estonia and Iraq unilaterally
declared protection for minorities.
These treaties emphasised minorities’ rights like the right to life and liberty; the free
exercise of religion without discrimination on the grounds of race, religion, or language;
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equality before the law; the freedom to organize educational programs; and an obligation
to ensure that elementary instruction of children was in their mother tongue
IV. Failure of the League:-
The League had 58 members till 23 Feb. 1935. The League then became inactive after
many important states left it. The U.S. did not join it. The Soviet Union was expelled and
some important states like Germany, Japan, and Spain withdrew from the League. The
League had no armed forces of its own, for that purpose it was dependent on the victorious
states of the First World War like Britain, France, Italy and Japan who were reluctant to
help. The League could not enforce its resolutions, keep to its own economic sanctions or
provide an army when needed. A large part of the world was still under colonial rule.
Therefore, it never succeeded to become a truly universal Organisation.
The League failed absolutely to serve its purpose and prevent World War II. The
League became inactive until it is abolished and replaced by the United Nations (UN) in
1946. Therefore, the League is referred to as the “predecessor” of the United Nations.
“Thus, the League lasted for 26 years.
***
B. The United Nations Organisation and Human Rights
I. Introduction:-
The League of Nations has failed absolutely to serve its purpose and prevent World War
II. The League became inactive until it is abolished and replaced by the United Nations
(UN) in 1946. Therefore, the League has been referred to as the “predecessor” of the United
Nations. The League lasted for 26 years.
The term ‘United Nations’ was coined by U.S. President Franklin Roosevelt. The
U.N. came into existence on 27 June 1945 by signing the “United Nations Charter” by 51
countries (Poland signed the Charter later). It officially came into existence on 24 October
1945. Prevention of wars and devastations was the main purpose of the U.N. It has
193 member states.
Since its existence, the U.N. has remained true to its pledge to keep international peace.
II. The Charter of the United Nations: -
The Charter consists of a Preamble and 111 articles grouped into 19 chapters. Of
these, Chapter 1 sets forth the purposes and principles of the United Nations; Chapter 2
establishes the criteria for UN membership; Chapter 3 names the six principal UN organs;
Chapters 4–15 define the functions and powers of these organs; Chapters 16–17 relate
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the United Nations to extant international law; and Chapters 18–19 define the amendment
and ratification of the Charter.
Membership in the United Nations is open to all peace-loving nations that accept
the obligations of the Charter and are willing and able to carry out these obligations. The
General Assembly admits new member states on the recommendation of the Security
Council. The Charter provides for the suspension or expulsion of a member for violation
of the principles of the Charter.
Aims of the UN:-
scourge of war, to reaffirm faith in fundamental human rights, to establish conditions under
of life in larger freedom.
In addition to maintaining peace and security, the UN has other important objectives
like developing friendly relations among countries based on respect for the principles
solve international economic, social, cultural, and humanitarian problems; respecting and
actions and activities toward these various ends.
III. Organization and administration of the UN:-
According to the Charter, the UN has six principal organs; the General Assembly,
the Security Council, the Economic and Social Council, the Trusteeship Council, the
International Court of Justice and the Secretariat. It also encompasses 15 specialized
agencies and numerous programs and funds as well as other entities.
A. General Assembly: -
The General Assembly is the only body in which all UN members are represented. It
exercises deliberative, supervisory, financial and elective functions relating to any matter
within the scope of the UN Charter. Each member state has one vote. The decisions on
important issues (like peace and security, admission of new members, budgetary matters,
etc.) are taken with a two-thirds majority, whereas the decisions on other issues are taken
by a simple majority.
***
The Universal Declaration of Human Rights (UDHR):-
1. Its importance, features, rights and adoption in the Constitution: -
document in the history of human rights. It explains the fundamental rights of an individual.
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Drafted by representatives with different legal and cultural backgrounds from all regions
of the world, the Declaration was proclaimed by the United Nations General Assembly in
standard of achievements for all peoples and all nations. It sets out, for the first time,
fundamental human rights to be universally protected and it has been translated into
everyone, thereby universalising the notion of human welfare. The UDHR is widely
recognized as having inspired, and paved the way for, the adoption of several human rights
treaties, permanently at global and regional levels. The UDHR consists of 30 articles
concerning human rights that apply to all humans belonging to different nationalities,
religions, and races. It is not a legally binding declaration. However, it has been
incorporated into the legal codes, constitutions, instruments, regional human rights, and
international treaties. India, in its Constitution, has also been greatly inspired by the UDHR.
2. Preamble of the UDHR:-
Whereas recognition of the inherent dignity and of the equal and inalienable rights
of all members of the human family is the foundation of freedom, justice and peace in the
world,
Whereas disregard and contempt for human rights have resulted in barbarous acts which
have outraged the conscience of mankind, and the advent of a world in which human beings
shall enjoy the freedom of speech and belief and freedom from fear and want has been
proclaimed as the highest aspiration of the common people,
Whereas it is essential if a man is not to be compelled to have recourse, as a last resort, to
rebellion against tyranny and oppression, that human rights should be protected by the rule
of law,
Whereas it is essential to promote the development of friendly relations between nations,
Whereas the people of the United Nations have in the Charter reaffirmed their faith in
fundamental human rights, in the dignity and worth of the human person and the equal
rights of men and women and have determined to promote social progress and better
standards of life in larger freedom,
Whereas Member States have pledged themselves to achieve, in cooperation with the
United Nations, the promotion of universal respect for and observance of human rights and
fundamental freedoms,
Whereas a common understanding of these rights and freedoms is of the greatest
importance for the full realization of this pledge,
Now, therefore,
The General Assembly,
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Proclaims this Universal Declaration of Human Rights as a common standard of
achievement for all peoples and all nations, to the end that every individual and every organ
of society, keeping this Declaration constantly in mind, shall strive by teaching and
education to promote respect for these rights and freedoms and by progressive measures,
national and international, to secure their universal and effective recognition and
observance, both among the peoples of Member States themselves and among the peoples
of territories under their jurisdiction.
Thus, from the preamble of the declaration, it is crystal clear that the declaration
recognises that the inherent dignity of all members of the human family is the foundation
of freedom, justice and peace in the world. It further declares that human rights are
universal i.e. to be enjoyed by all people, no matter who they are or where they live.
3. Rights recognized under the UDHR as human rights:-
a. Right to equality and against any discrimination-
Article 1: Right to equality-
All humans are born free and equal, and they should all be treated equally.
Article 2: Freedom from discrimination: -
Everyone is entitled to claim their rights, regardless of their sexual orientation,
socioeconomic status, religion, ethnicity, or language.
b. Civil and Political Rights: Articles 3 to 21:-
Article 3: Right to Life-
Everyone has the right to life, as well as the right to live in a free and secure environment.
Article 4: Freedom from Slavery and forced labour-
No one has the right to treat anyone as a slave, and you have no right to enslave anyone.
Article 5: Freedom from torture-
No human being has the right to subject any human being to torture.
Article 6: Right to legal protection-
Each and every individual should be legally protected by law.
Article 7: Right to equality before the law-
The law is the same for everyone and it should be applied in the same way to everyone
without any discrimination.
Article 8: Access to Justice-
When the rights of individuals are violated, they have every right to seek legal aid.
Article 9: Freedom from arbitrary detention-
No individual has the authority to arbitrarily arrest or detain any individual, or deport them
from their nation.
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Article 10: Right to a fair trial-
Trials should be open to the public and conducted fairly by an impartial and independent
tribunal.
Article 11: Presumption of Innocence-
Until an individual is to be proven guilty in a court of law, they are presumed innocent, and
hence they have the right to a defence.
Article 12: Right to privacy-
Each and every human being has the right to be protected if someone attempts to damage
their reputation, access their house without permission, or interfere with their
correspondence.
Article 13: Freedom of movement-
Everyone has the right to leave or relocate inside their own country and to return.
Article 14: Right to asylum-
Everyone has the right to seek refuge in another country if they are being persecuted in
their homeland.
Article 15: Right to nationality-
Each and every human being has the right to be a citizen of a country and to have its
nationality.
Article 16: Right to marriage and to found a family-
Men and women have the right to marry (only when they attain their legal age to marry)
without any regard to race, country, or religion. The government and the legal system of
that country should safeguard families.
Article 17: Right to own property-
All human beings have the legal right to own property. No one has the authority to
unlawfully take them from any individual.
Article 18: Freedom of religion or belief-
Everyone has the freedom to freely express, change, and practice their religion alone or
with others.
Article 19: Freedom of speech and expression-
Everyone has the right to think and freely express ideas or whatever they decide.
Article 20: Freedom of peaceful assembly-
Every individual has the right to hold peaceful meetings and to participate in them.
Article 21: Right to take part in public affairs-
Everyone has the right to participate in the political activities of their country and has equal
access to public service.
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c. Economic, Social, and Cultural Rights: Articles 22 to
27:-
Article 22: Right to get benefits from the country-
Every individual should be able to develop freely and take advantage of all the benefits
that their country has to offer.
Article 23: Right to work-
Everyone has the right to work in just and fair conditions, with the freedom to select their
work and pay that allows them to sustain themselves and their families. For equal work,
everyone should be paid equally.
Article 24: Right to leaves-
Workdays should not be excessively long, and everyone has the right to rest and take paid
leave regularly.
Article 25: Right to get the minimum required-
Everyone has the right to have everything they require so that you and your family do not
go hungry, are not homeless, and do not fall ill.
Article 26: Right to Education-
Regardless of race, religion, or place of origin, every human being has the right to attend
school, continue their studies as far as they choose, and learn.
Article 27: Right to share cultural, artistic, and scientific benefits-
Each and every individual has the right to share the cultural, artistic, and scientific benefits
of your community.
Article 28: Right to have rights protected through court:-
To ensure that our rights are protected, there must be a court that can protect them.
Article 29: Duty to your community:-
We, humans, have responsibilities to the community that allows us to completely develop
our personality. Human rights should be protected by law. It should enable everyone to
appreciate and be respected by others.
Article 30: Rights are inalienable:-
No one, neither institution nor individual, should act in any way to undermine the rights
guaranteed by the UDHR.
4. Conclusion:-
The declaration includes civil and political rights, like the right to life, liberty, free speech
and privacy etc. It also includes economic, social and cultural rights, like the right to social
security, health and education. Thus, the Declaration of Human Rights (UDHR) is the
lighthouse for all the countries as to protection and promotion of human rights. The Indian
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Constitution is greatly inspired by the Declaration. Many fundamental rights in the Indian
Constitution are borrowed from the Declaration.
Many treaties, ratified by more than one hundred countries, trace their origins to the
UDHR. They include-
(i) The International Convention on the Elimination of
Racial Discrimination (1965).
(ii) The International Covenant on Economic, Social and
Cultural Rights (1966).
(iii) The International Covenant on Civil and Political
Rights (1966).
(iv) The Convention on the Elimination of All Forms of
Discrimination Against Women (1979).
(v) The Convention Against Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment (1984).
(vi) The Convention on the Rights of the Child (1989) etc.
5. UDHR subsequent adaptation in the Indian Constitution:-
In Bombay Education Society v. State of Bombay, 1954 Bom. 271, at 1350. Indian courts
Declaration. Not just the Indian Constitution but the Constitutions of many diverse cultured
nations such as Antigua, Chad, Chile, Kazakhstan, Saint Vincent and the Grenadines,
Zimbabwe etc. have been inspired by the ideals of human rights enshrined in UDHR.
The Constitution of independent India came into force on 26th January 1950. The
impact of the Universal Declaration of Human Rights on drafting part III (Fundamental
Rights) of the Constitution is apparent. India has acceded/signatory to the Universal
Declaration of Human Rights as well as to the subsequent International Covenants of
Economic, Social and Cultural Rights and Civil and Political Rights adopted by the Central
Assembly of the United Nations in 1976.
In fact, fundamental rights in Indian Constitution are taken from many sources such
as the English Bill of Rights, the American Bill of Rights and the French Declaration of
the Rights of Man which were also the sources of UDHR, therefore, we see similarities
between human rights and fundamental rights. A number of fundamental rights guaranteed
to individuals in part III of the Constitution are similar to the provision of the declaration.
Fundamental rights in India are the rights guaranteed under Part III (Art. 12 to 35) of the
Constitution. There are six fundamental rights recognised by the Indian constitution:
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Articles 14-18: Right to equality,
Articles 19-22: Right to freedom,
Articles 23-24: Right against exploitation,
Articles 25-28: Right to freedom of religion,
Articles 29-30: Cultural and educational rights and
Articles 32 and 226: Right to constitutional remedies.
In fact, UDHR was not legally binding on the states. Therefore, two covenants were formed
to make them binding they are i. Civil and Political Rights, 1976 ii. Covenants on
Economic, Social and Cultural rights, 1976.
3. Specialised Agencies of the United Nations-
The United Nations' specialised Agencies are international organizations that
coordinate their work with the United Nations through negotiated agreements. They are
autonomous organizations. Some of these Specialised agencies were in existence before
the First World War, some were associated with the League of Nations and others were
created simultaneously or after the UN. Articles 57 and 63 of the UN Charter provide
provisions for creating specialised agencies. Each of these agencies operates
autonomously under the umbrella of the UN, with its own governing body, procedure,
membership and funding mechanisms. Many such specialised agencies are working for
particular specialised work in the UN member countries. The United Nations has the
following specialised agencies-
A. Relating to technical matters-
1. International Civil Aviation Organization (ICAO) 1994.
2. World Meteorological Organization (WMO) 1951.
3. International Maritime Consultative Organization (IMCO) 1958.
4. International Telecommunication Union (ITU) 1865
5. Universal Postal Union (UPU) 1948.
6. International Atomic Energy Agency (IAEA) 1957.
B. Relating to the Social and humanitarian activities-
7. International Labour Organization (ILO) 1919.
8. World Health Organization (WHO) 1946.
9. United Nations Educational, Scientific and Cultural Organization (UNESCO) 1946.
10. United Nations International Children’s Emergency Fund (UNICEF) 1946.
11. International Refugee Organization (IRO) 1921.
C. Relating to International Financial problems-
12. International Development Agency 1960.
13. International Development Agency 1960.
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14. International Financial Corporation (IFC)1956.
15. International Fund for Agricultural Development (IFAD) 1977
16. United Nations Industrial Development Organization (UNIDO) 1985.
D. Related to Economic and Trade Problems-
17. International Monitory Fund 1945
18. Food and Agricultural Organization (FAO).
19. World Trade Organization (1996).
20. World Intellectual Property Organization (WIPO) 1967.
21. United Nations World Tourist Organization (UNWTO) 2003.
We will discuss the role of some specialized agencies relating to human rights:-
1. Food and Agricultural Organization (FAO):-
FAO is the largest of the U.N. agencies. It was established in 1945 and its
headquarters is in Rome, Italy.
efforts to defeat hunger. Serving both developed and developing countries, FAO acts as a
neutral forum where all nations meet as equals to negotiate agreements and debate policy.
lives of rural populations and contribute to the growth of the world economy.
2. International Labour Organization (ILO) 1919.
member of the UN system after the demise of the League and the formation of the UN at
Philadelphia on the aims and purposes of the Organization. Its secretariat is known as the
International Labour Office.
3. World Health Organization (WHO) 1946.
inherited the mandate and resources of its predecessor, the Health Organization, which
had been an agency of the League of Nations. It was established on 7 April 1948 when 26
members of the United Nations ratified its Constitution. 7 April is celebrated as World
Health Day every year. The WHO is governed by 194 Member States through the World
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4. United Nations Educational, Scientific and Cultural
Organization (UNESCO) 1946.
The United Nations Educational, Scientific and Cultural Organization (UNESCO)
is a specialized agency of the United Nations established in 1945 with its headquarters
international collaboration through education, science, and culture to propagate further
freedoms proclaimed in the U.N. Charter.
10. United Nations International Children’s Emergency Fund (UNICEF) 1946.
III. India’s Contribution towards the UN: -
India has been an active member of the UN since its inception. In 1946, India became the
first country to raise the issues of racism and apartheid in South Africa in the UN forum.
India played an important part in the drafting of the Universal Declaration of Human
Rights in 1948.
The first woman president of the UN General Assembly was an Indian, Vijayalakshmi
Pandit, in 1953.
India has contributed immensely to UN Peacekeeping Missions in various parts of the
world.
India has sent its peacekeeping troops to Korea, Egypt, Congo, Haiti, Angola, Somalia,
Liberia, Rwanda, Lebanon, South Sudan, etc.
India has been the largest contributor of troops to the peacekeeping missions.
Mahatma Gandhi’s ideals of non-violence resonate deeply with the UN’s principles. In
2007, the UN declared Gandhi’s birth anniversary on October 2 as the ‘International Day
of Non-violence’.
In 2014, the UN General Assembly declared that the 21st of June would be observed
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References:-
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