rights and freedoms set out in the Declaration and to taking measures, both
nationally and internationally, to secure their universal and effective recognition and observance. The nine international human rights treaties constitute a
comprehensive legal framework within which States can, with the support of
the treaty bodies, meet that commitment.
I. DEVELOPING HUMAN RIGHTS STANDARDS:
THE TREATIES AND THEIR OPTIONAL
PROTOCOLS
In the early twentieth century, the protection of human rights became an
issue of concern to the international community. Under the League of Nations, established at the end of the First World War, attempts were made to
develop an international legal framework, along with international monitoring mechanisms, to protect minorities. The horrors perpetrated during the
Second World War motivated the international community to ensure that
such atrocities would never be repeated and provided the impetus for the
modern movement to establish an international system of binding human
rights protection.
A. Universal Declaration of Human Rights (1948)
The Charter of the United Nations of 1945 proclaims that one of the
purposes of the United Nations is to promote and encourage respect for
human rights and fundamental freedoms for all. With the energetic support of Eleanor Roosevelt, alongside figures such as René Cassin, Charles
Malik, Peng Chun Chang and John Humphrey, States sought to set out
in a single document, for the first time, the range of fundamental rights
and freedoms that belonged to all by virtue of their status as human beings. These efforts resulted in the
Universal Declaration of Human
The Declaration as customary
Rights, adopted by the General
international law?
Assembly on 10 December 1948,
It is widely accepted that some of the
henceforth Human Rights Day. This
Declaration’s provisions are now rules
document, expressed as “a comof customary international law. Exammon standard of achievement for
ples include the bans on torture and on
all peoples and all nations”, sets
racial discrimination. These are norms
out a wide span of rights coverwhich, through the practice of States,
have come to be seen as legally binding all aspects of life. Its article
ing rules, well before their incorpora1 famously describes the idea of
tion in specific treaties. Indeed, some
fundamental human rights: “All
commentators argue that the entire
human beings are born free and
Declaration possesses this status.
equal in dignity and rights.”
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