Chapter 5
The International Framework to Promote and
Protect Human Rights: An Overview
The United Nations and the birth of the universal human rights system
Human rights, as they are now commonly understood, emerged from the creation of the
United Nations. In the aftermath of World War II, governments committed themselves to
establishing the UN with the primary goal of promoting international peace and preventing conflict. Human rights were held to be key to achieving those aims. The preamble to the
Charter of the United Nations asserts that the main objectives of the organization are, among
other things, to:
save succeeding generations from the scourge of war […and] reaffirm faith in fundamental
human rights, in the dignity and worth of the human person, in the equal rights of men and
women and of nations large and small [...]73
The Universal Declaration of Human Rights
Almost immediately, the UN established a Commission on Human Rights, which was
charged with the task of submitting proposals on an International Bill of Rights. The Draft
declaration was adopted by the General Assembly in 1948 and came to be known as the Universal Declaration of Human Rights (UDHR). This instrument has had a profound impact
on the development of regional and global standards for the protection of general or specific
human rights.
The UDHR established a universal language of human rights. Their source is the international community and they originate from the UN as an expression of global values.74 It is now
the duty of states, regardless of their political, economic and cultural systems, to promote
and protect all human rights and fundamental freedoms.
The Universal Declaration of Human Rights is built on the fundamental principle that human rights are based on the “inherent dignity of all members of the human family” and are
73 Article 1(3) of the Charter states that one of the purposes of the UN is to achieve international co-operation in
“promoting and encouraging respect for human rights and for fundamental freedoms for all without distinction as
to race, sex, language or religion”. What the UN Charter does not do is to specify the contents of any “human rights”,
nor does it establish any mechanisms for the protection of human rights in the members of the United Nations.
74 These values have been repeatedly reaffirmed, e.g., at the 1993 Vienna UN World Conference on Human Rights
(14-25 June 1993), which pledged “universal respect for and observance of human rights and fundamental freedoms
for all […] the universal nature of these freedoms is beyond question […]” and also that “while the significance of
national and regional peculiarities and various historical, cultural and religious backgrounds must be borne in
mind, it is the duty of States, regardless of their political, economic and cultural systems, to promote and protect
all human rights and fundamental freedoms”, see Vienna Declaration and Programme of Action, as adopted by the
World Conference on Human Rights on 25 June 1993, doc. A/CONF.157/23, 12 July 1993.
Countering Terrorism, Protecting Human Rights
43
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents