Tuesday 8 September 2020

HUMAN RIGHTS UNDER INTERNATIONAL

 

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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