The human rights are one of the subjects or branches of International
Law. The inclusion & origination of human rights is one of the unlimited,
most historic, greatest and significant achievements & goals for the entire
mankind in the interest and welfare of all. The human rights have placed under
the International Law which is not only highly worth appreciating but also the
most remarkable. The concept of human rights has gone down the history for the
supreme welfare of all people of worldwide. The human rights is not a result of
one or two days, a long historical background, contributions, helps and other
things of uncountable the most honorable & never unforgettable person’s
sacrifices are behind the same for which the whole human being or mankind is
unlimitedly & desirelessly under their debts which can never be paid by
anything and there is no standard or parameter or measurement is available to
measure the same on this Earth so we are, was & always shall indebted for
all those persons who have done the work in any form for the origination,
protection, preservation, promotion, development and other things for human
rights. The historical facts of human rights are as old as the human
civilization. Many conflicts, struggles, battles, internal aggressions,
revolts, grudges, rifts, differences and others connected things were found at
the international level due to the extreme selfishness & self-seeking
things of some people therefore for the prevention of all the same a necessity
or requirement has been felt to establish an International organization for the
interest and welfare of all human being consequently the League of Nations with
some main purposes was constituted on 10 January, 1920 in Geneva, Switzerland but
this organization has failed to fulfill its own purposes or objects accordingly
the League of Nations was stopped to function from 20 April, 1946.[1] With
regard to this, the First World War was waged from
28 July, 1914 to 11 November, 1918 & there after the Second World War 01 September, 1939 to 02 September, 1945 also was waged. The aforesaid
both the world wars were extreme destruction of the mankind, living creatures,
wealth, property and others things also. The entire mankind was shaken and both
the incidents were the fullest with the extreme and unlimited sorrow which has
been suffered by people. The extreme and unlimited sorrow was unbearable,
intolerant insufferable by people. This true stories & narrations of both
the wars are untold with respect to the limitless and uncountable destruction
of human & humanity. In consequences of all the heretofore mentioned, The
United Nations Organization (U.N.O.) was established on 24 October, 1945 with
some principles & purposes for the interest and welfare of all. The U.N.
Charter which was drafted in 1941 signed on 26 June, 1945 and effected from 24
October, 1945.[2] The provisions relating to
human rights have been found in this Charter which is also the authoritative
documents as to human rights. The Universal Declaration of Human Rights 1948 (U.D.H.R.,
1948) has been adopted by the U.N. General Assembly in the 3rd
Session by the Resolution 217 in Paris, France which was effected from 10
December, 1948. This historic date namely 10 December 1948 is known as the
‘International Human Rights Day’ which is the most important and major key
document of human rights, by which the direct & express foundation of human
rights was constructed and created. The more explanations or clarifications
were highly required and mandatory in respect of the contained human rights in
the Universal Declaration of Human Rights, 1948, (U.D.H.R., 1948) accordingly
two International covenants have been brought namely- 1. The
International Covenant on Civil and Political Rights 1966, (I.C.C.P.R., 1966)
which was come into force on 23 March, 1976 & the ratification was done by
India on 10 April, 1979 2. The International Covenant on Economic Social and
Cultural Rights, 1966, (I.C.E.S.C.R., 1966) which was brought into force on 03
January, 1976 and India has ratified on 10 April, 1979. The aforesaid both the International
covenants are as the extensions or explanations or clarifications of the U.D.H.R.,
1948 as placed hereinbefore. The U.D.H.R., 1948 is as a major foundation of
human rights. Subsequently the connected Protocols & other international
instruments relating to human rights were also made. The human rights are the
main root & foundation of the International Law. Human rights are playing a
vital role in the implementation, development, protection and preservation of
International Law. Without human rights, International Law is not complete
therefore both are interrelated, inter-depended, mutually-connected & complement of
each other. Hence the human rights are having the greatest importance not only
in the field of International Law but also all
fields for the interest & welfare of world human, living creatures and
creation. This chapter entitled as- ‘Human Rights under International Law-An Overview’ is in respect of
the human rights & its International Enforcement system under International
Law as an overview with the coverage of the main & required International
instruments or documents as- U.N. Charter, Universal Declaration of Human
Rights, 1948 (U.D.H.R.,
1948), the both main Covenants namely I.C.C.P.R., 1966, I.C.E.S.C.R.,
1966, A Comparative study or appraisal of the aforesaid U.D.H.R., 1948 & I.C.C.P.R.,
1966, I.C.E.S.C.R., 1966, and other related aspects so this chapter expresses the
human rights & its International Enforcement system as an the integral part
& the main objectives, pillars and structure of the Charter of United
Nations & International Law. Hence all the above said things show that the
human rights are the major foundation of the International Law.
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