INTRODUCTION

1.         Human Rights could be generally defined as those rights, which are inherent in our nature and without which we cannot live as human beings. Fundamental Freedoms and Human Rights allow us to develop fully and use our human qualities, intelligence, talents and conscience. It also helps to satisfy our spiritual and other needs, Human Rights have gradually evolved over the years and are based on mankind's increasing demand for a life in which the inherent dignity and worth of each human being will receive respect and protection.

SCOPE

3.         This write up will discuss in brief the historical background & early development of human rights, United Nations concern with human rights, International Bill of Human Rights, and different human rights instruments other than International Bill of Human Rights and their enforcement.

HISTORICAL BACKGROUND – EARLY DEVELOPMENT

4.         Human Rights is an idea which-took a positive shape fourteen hundred years ago by Islamic Law as is found in the Holy Quarn and Sunnah. Human right was given an international character by Islamic Law. Islam has guaranteed some human rights and fundamental freedoms which are found expressed in the international law of our time; are as under:

a.            Equality of all persons.

b.            Right to life, wealth and prestige

c.            Right to personal freedoms

d.            Democratic freedoms

e.            Right of the religious monitories

f.            Right to economic security.

5.         Today it is generally believed, "the concept of international protection of human rights is firmly established in international human rights law". The international protection of human rights has been established in international law after Second World War. Before the Second World War, besides the idea of Islamic States, human rights were protected by national instruments like the Magna Carla, 1215; Petition of Rights, 1627; Bill of Rights, 1688; Act of Settlement, 1702 in UK; American Declaration of Independence, 1776; American Bill of Rights, 1791; and French Declaration of Rights of Man and Citizen, 1789 were important national instruments in which some human rights and fundamental freedoms had been protected. From these instruments three important concepts relating to human rights and fundaments freedoms have originated, they are as follows:

a.            Principle of inalienability

b.            Principle of inviolability

c.            Doctrine of rule of law

UNITED NATIONS CHARTER AND INTERNATIONALIZATION OF HUMAN RIGHTS

6.         The Charter of the United Nations Organization, 1945, was the first international instrument by which international protection of human rights have been legally recognized. In the Preamble the peoples of the United Nations record their determination “to re-affirm faith in fundamental human rights, in the dignity and worth of human person, in the equal rights of men and women and of nations large and small…”.  Human rights and fundamental freedoms have been mentioned in Article 1, 13, 55, 56, 62, 68 and 76 and specific functions have been endowed to the General Assembly, to the States Parties to the United Nations, to the Economic and Social Council as well as to the Trusteeship Council.

7.         One of the purposes of the United Nations, under Article 1, is “to develop friendly relations among nations based on respect for the principle of equal rights and self-determination of people”. Another purpose is “to achieve international co-operation in solving international problems of an economic, social, cultural or humanitarian character, and in promoting and encouraging respect for human rights and for fundamental freedoms for all without distinction as to race, sex, language or religion.”

8.         Article 13 states that the General Assembly shall initiate studies and make recommendations for the purposes of “promoting international co-operation in the economic, social, cultural, educational and health fields, and assisting in the realization of human rights and fundamental freedoms for all without distinction as to race, sex, language or religion”.

9.         Under Article 55, the United Nations has the duty to promote “Universal respect for and observance of human rights and fundamental freedoms for all without distinction as to race, sex, language or religion”. Under Article 56, all members of the United Nations pledge themselves to take joint and separate action in co-operation with the Organization for the achievement of the purposes set forth in Article 55.

10. Article 62 slates that the Economic and Social Council “may make recommendations for the purpose of promoting respect for, and observance of, human rights and fundamental freedoms for all”. Under Article 68 the United Nations requires the Economic and Social council to “set up commissions in economic and social fields and for the promotion of human rights”. Under Article 76 the basic objectives of the trusteeship system are inter alia “to encourage respect for human rights and for fundamental freedoms for all without distinction as to race, sex, language or religion, and to encourage recognition of the interdependence of the peoples of the world.”