Human rights are rights to which all human beings are equally entitled, independently of acts of law. The foundation of this entitlement is human dignity.
Human rights are not only to be respected by public authorities (vertical dimension of human rights), but also by private parties (horizontal dimension of human rights) as human rights law increasingly admits. The latter dimension is to be implemented first of all by the national criminal law.
Human rights law distinguishes two sets of human rights: first, civil rights (for example the right to life and physical integrity) and political rights (for example the right to participate in politics) and second, social rights (for example the rights of children, women, ethnic groups and the right to social security), economic rights (for example those referring to labour conditions, health and safety at the workplace) and cultural human rights. The realisation of both sets of rights depends on each other. Extreme poverty or illiteracy, for example, makes the exercise of civil and political rights difficult. That it is more expensive to realise social and economic than civil and political human rights, cannot be upheld generally, because mechanisms to monitor and enforce the respect of human rights are needed. Press gives some examples on this. Better working conditions, more occupational safety and social security are examples for costly economic rights.
Table of Contents
Definition of human rights
Aspects of protection of human rights
Legitimisation of the UN intervening in human rights matters
Links between human rights and the other activities of the UN
Ambivalence of member states and thus the UN facing human rights
How the United Nations can protect human rights
a) Prevention
i) Standard-setting
ii) Promotion
iii) Changes in national law
iv) Monitoring
v) Assistance, training and technical cooperation
vi) Institution building
b) Implementation
i) Justice done to the victims of human rights violations
ii) Redress of damage done to the victims of violations of human rights
iii) Protection of victims from further damage
Impact of human rights law
Conclusion
Objectives and Topics
This essay explores the role of the United Nations in the protection of human rights, examining its methods for intervention, the challenges faced due to state ambivalence, and the actual impact of its human rights activities on global standards and domestic governance.
- Mechanisms of UN intervention and the legitimisation of human rights activities
- Preventive strategies versus reactive implementation measures
- The intersection of human rights with international peace and security
- Challenges arising from member state resistance and politicisation
- The efficacy of monitoring, institution building, and legal standard-setting
Excerpt from the Book
How the United Nations can protect human rights
Standard-setting forms the basis on which rights can be demanded. It defines and clarifies the rights of the Universal Declaration of Human Rights; also the case law of the several human rights instruments under the complaints procedures has this functions amongst others. The GA and the Economic and Social Council (ECOSOC) have advanced existing standards in several fields.
ECOSOC for example has done so in declaring slavery-like practices such as debt bondage, trafficking in women, and sale of children as violations of human rights. The GA has emphasised the equal entitlement of women to all human rights. This entitlement of women has long been neglected by the UN, for example by the CHR and the Sub-Commission on Prevention of Discrimination and Protection of Minorities. The present Secretary-General Kofi Annan has initiated the integration of gender and also of human rights in all UN activities.
Summary of Chapters
Definition of human rights: Outlines the fundamental concepts and the distinction between civil, political, social, economic, and cultural rights.
Aspects of protection of human rights: Discusses the scope of protection, covering prevention, investigation, and legal remedies.
Legitimisation of the UN intervening in human rights matters: Addresses the legal basis for UN involvement and the balance between sovereignty and international obligations.
Links between human rights and the other activities of the UN: Examines how human rights are integrated into peace-building and conflict prevention.
Ambivalence of member states and thus the UN facing human rights: Analyzes the political resistance from member states and the challenges of double standards.
How the United Nations can protect human rights: Details the specific methods including prevention (standard-setting, promotion, monitoring) and implementation (justice, redress, protection).
Impact of human rights law: Evaluates the actual influence of UN rulings and standards on domestic legal systems.
Conclusion: Summarizes the increased effectiveness of UN human rights instruments over time despite ongoing political and financial challenges.
Keywords
United Nations, Human Rights, International Law, Protection, Prevention, Implementation, Sovereignty, Monitoring, Standard-setting, Peacekeeping, Humanitarian Aid, Gender Equality, Judicial Reform, ICCPR, Politicisation
Frequently Asked Questions
What is the core focus of this essay?
The essay examines how international institutions, specifically the United Nations, can effectively intervene to protect human rights and the challenges they encounter in doing so.
What are the primary thematic areas covered?
The text focuses on the legitimisation of UN intervention, the link between human rights and peace-building, the methods of prevention and implementation, and the obstacles posed by state resistance.
What is the ultimate goal of the research?
The goal is to determine the effectiveness of the UN's various human rights activities and how these actions impact international and domestic legal frameworks.
Which scientific methods are primarily used in the study?
The study utilizes a descriptive and analytical approach, drawing on established UN charters, international declarations, and case law precedents to evaluate human rights instruments.
What does the main body of the text cover?
It covers the practical mechanisms the UN employs, such as monitoring electoral processes, standard-setting, and institution building, alongside challenges like the politicisation of aid.
Which keywords define this work?
Key terms include United Nations, Human Rights, International Law, Protection, Prevention, Implementation, Sovereignty, and Peacekeeping.
How does the UN address member state resistance regarding sovereignty?
The essay explains that while states often claim human rights are a domestic matter, the UN justifies intervention through the fundamental purposes laid out in its Charter and the Vienna Declaration.
What role does the International Court of Justice (ICJ) play according to the text?
The ICJ has not played a major role due to state resistance to accepting an independent arbiter, though it has influenced the Security Council in specific cases, such as the legal status of South Africa in Namibia.
- Quote paper
- Gisela Haege (Author), 2002, Consider how international institutions can help in the protection of human rights, Munich, GRIN Verlag, https://www.grin.com/document/16114
