legal provisions in relation to Human Rights under UN commission

HUMAN RIGHTS is derived from the principle of Natural Law. It is not the product of social order and nor the conferred upon the individual by the society. It is the result of recognition by the state but they are logically independent of the legal system for their existence.

Definition-  HUMAN RIGHTS are those fundamental  and inalienable rights which are essential for life as human being. It is inherent in our nature and without which we cannot live as a human being.

Louis Henkin- HUMAN RIGHTS are rights of individuals in society, which are deemed essential for individual well being, dignity, and fulfillment, and that reflect a common sense of justice, fairness and decency.

Section 2(1)(d) of the protection of HUMAN RIGHTS Act 1993- HUMAN RIGHTS means 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.

Art 55 of UNO Charter-conditions or stability and well being which are necessary for peaceful and friendly relations among nations based on respect for the principle of equal rights and self determination of people.

Philosophy of HUMAN RIGHTS- the philosophy of HUMAN RIGHTS is based on Individual natural rights and social respect which are essential element for the human life, in other word it is- respect for human rights and fundamental freedom.

HUMAN RIGHTS and International law-

HUMAN RIGHTS plays an important role in international law, according to Art 1 of UN- to achieve international co operation in solving international problems of an economic, social cultural.

The Universal declaration on HUMAN RIGHTS possesses legal value.  In the veiw of Judge Nagendra Singh- the declaration therefore was not mere resolution of the General Assembly but a continuation of the charter and had the dignity of the charter.

Legal provisions in relation to HUMAN RIGHTS under UN commission on HUMAN RIGHTS

UN Commission on HUMAN RIGHTS- This commission on HUMAN RIGHTS established by the Economic and Social Council in 1946 was the permanent machinery for the supervision of the problem of protection of HUMAN RIGHTS.

The commission was directed to prepare recommendation and reports on:

1. I. An international bill on HUMAN RIGHTS.-
2. II. International conventions or declarations on civil liberties; status of woman and freedom of information.
3. III. Protection of minorities.
4. IV. Preventions of discrimination on the basis of race, sex, language, or religion.
5. V. Matters concerning HUMAN RIGHTS.

An international bill on HUMAN RIGHTS.- UN to achieve its object of respect for human rights and fundamental freedom decided to prepare an international bill for HUMAN RIGHTS appointed a commission in 1946 which approved by General Assembly. A drafting committee was appointed for preparing of the draft of the bill. In its first session the committee prepared a preliminary draft declaration as a declaration of general principle as well as a draft convention on such specific rights as would lend themselves to binding legal obligations, and at the same time to consider the question of implementation of such rights, as proposed by the commission. These tHuman Rightsee documents were to be known respectively as the:

1. I.            International declaration on HUMAN RIGHTS. (declaration of general principle)
2. II.            International convention on HUMAN RIGHTS.( convention on such specific rights as would lend themselves to binding legal obligations)
3. III.            Measures for implementation of HUMAN RIGHTS.( to consider the question of implementation of such rights,)

The commission made studies and recommendation either its own or on the request of General Assembly or by the Economic and social council of UN.

The member of the commission were elected for tHuman Rightsee years term.

They meet annually for a period of five or six weeks.

The commission submitted a report on each session to the Economic and Social Council .

The commission has 53 members.

One third 1/3 of the seats on the 53 member commission were open to election every year.

In order to assist its work the commission has established a number of subsidiary bodies, such as

• Sub commission of Discrimination and Protection of Minorities.
• Ad Hoc committee on periodic reports.