B. THE BASIC SOURCES
1.
Charter of the United Nations
18. The primary source of authority for the promulgation of human rights standards by
United Nations bodies may be found in the Charter itself. The second paragraph
of the Preamble states that one of the principal aims of the United Nations is:
to 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 ...
Article 1, paragraph 3, of the Charter states that one of the purposes of the United
Nations is to achieve international cooperation in:
promoting and encouraging respect for human rights and for
fundamental freedoms for all without distinction as to race, sex,
language or religion ...
19. These should not be seen merely as empty statements of principle. Rather, as
already stated, the Charter is a legally binding treaty to which all Member States are
parties. These provisions had the legal effect of, once and for all, putting to rest all
arguments as to whether human rights and their enjoyment by individuals were
subjects for international law, or merely matters of State sovereignty. Consequently,
the fact that prison officials are bound by such rules is now beyond dispute.
20. The quasi-legislative activity of the United Nations has since produced dozens of
instruments, each building on and adding more detail to its predecessors. Most
important, for present purposes, are the Universal Declaration of Human Rights of 1948
and its two implementing and legally binding covenants of 1966, the International
Covenant on Economic, Social and Cultural Rights, and the International Covenant
on Civil and Political Rights and its first Optional Protocol. Together, these instruments
are commonly referred to as the International Bill of Human Rights.
2.
Universal Declaration of Human Rights
21. The Universal Declaration of Human Rights represents a great step forward taken by
the international community in 1948. Its persuasive moral character and political authority derive from the fact that it is agreed to be a statement of generally
accepted international principles. This outline of human rights objectives is drafted in
broad and general terms, and its principles have inspired more than 140 human rights
instruments which, taken together, constitute international human rights standards.
Moreover, the Universal Declaration has spelled out the fundamental rights proclaimed in the Charter of the United Nations, recognizing that the inherent dignity of
all members of the human family is the foundation of freedom, justice and peace in
the world. While the Universal Declaration is not, in itself, a binding instrument, certain provisions of the Declaration are considered to have the character of customary
international law. This applies to articles 3, 5, 9, 10 and 11 of the Universal
Declaration, which address, respectively, the right to life, liberty and security of person; the prohibition of torture and of cruel, inhuman and degrading treatment or
punishment; the prohibition of arbitrary arrest; the right to a fair trial; the right to be
presumed innocent until proved guilty; and the prohibition of retroactive penal measures. While these articles are most directly relevant to the administration of justice, the
entire text of the Universal Declaration offers guidance for the work of prison officials.
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