At the conference in San Francisco, where 26th of July 1945 the United Nations Charter was signed, almost 40 non-governmental organizations appealed for paying greater attention to restricting of the human rights.1 The United Nations Charter constitutes that peoples of the United Nations are decided, among others: “to protect the next generations against defeat of war and redress the faith in basic the human rights”.
Article 1. of Charter runs, that aspiration to achieving of the international co-operation in supporting of the human rights and promoting respecting of these rights and basic freedom for all regardless differences of race, sex, language or religion is going to be one of the aims of the United Nations Charter.2
Text of the articles of the Charter has got power of the international law, so it is a document legally linking its sides. All members of the United Nations should perform, in good faith, commitments contained in the Charter. “Acceptance of rule of unconditional respecting of the human rights and far-reaching co-operation with the United Nations and other countries in this range is especially remarkable”3. The Charter doesn’t detail the human rights and doesn’t contain any clear directions regarding introduction its decisions to the country, legal order of countries – members.
In 1946 the United Nations created, within the limits of its system, the Commission of Human Rights, main legislative body to human rights and supplementary organ of the Economic and Social Council.4 Originally the Commission consisted of 18 countries – members; nowadays there are 53. Non-governmental organizations. It holds the annual, regular sessions in Geneva in the aim of discussion about most important problems, codification of international norms and creating recommendations for country governments – members. Non-government organizations are of the active role in this process.
The new created commission, under command of Eleanor Roosevelt (USA) – activist in the sphere of the human rights and widow after ex-president of USA Franklin Roosevelt, undertook of defining of the human rights and basic freedoms. Rene Cassin (France), Charles Malik (Liban), Peng Chun Chang (China), Hernan Santa Cruz (Chile), Alexandre Bogomolov/Alexei Pavlov (USSR), Lord Dukeston/Geoffrey Wilson (Great Britain), William Hodgson (Australia) and John Humphrey (Canada) were the co-authors of this project.5Almost every word and paragraph were given to the ground analyse, what executing of 1400 rounds of voting testifies to. The Project of Declaration was directed by the Economic and Social Board to the Committee of General Assembly of Social, Humane and Culture Matters (so called III Committee). It was positively considered and directed to the General Assembly by that committee, for the purpose of instituting of final decision. 10th of December 1948, the General Assembly, in the new built Palaise de Chaillot in Paris, accepted the General Acceptation of the Human Rights.6
Indicating an inborn, human dignity and indisputability of the right to freedom and equality, Declaration was the unprecedented act. It created a first pillar of the human rights and constituted the kind of cornerstone, which the process of evolution creating of international law specializing in the protection of human rights was based on.7 Though the Declaration is an expression of political will, and not legally firm document with the rank of a treaty or convention, it received a general acceptation of the member’s countries side. A lot of them had been citing the Declaration or had been including its text in their basic acts of the inside law.
Similarly, bilateral and multilateral deals concerning the human rights conducted in 1948 “were based on the basic establishments contained in the Declaration”8.
Constituting the Declaration, the General Assembly resorted to the Economic and Social Board and to the Committee of the Human Rights, in order to this, that in the next order it would focus at the preparing of the Pact of Human Rights and proposals of its implementation, ipso facto aiming to realization of idea of the International Bill of Rights and creating of a system of the Human Rights.
Although the General Assembly had standpoint, that using the political and citizen rights and economic, social and culture rights is mutually related and correlative, preparing of so comprehensive unified project turned out practically impossible. Finally, above mentioned categories of the Human Rights were expressed in the form of two documents: International Pact of the Citizen and Political Rights and the International Pact of Economic, Social and Culture Rights.9
Both of the pacts were accepted in 1966 and came into force in 1976. Relatively a long time for fulfillment of requirement of 35 ratifications, unnecessary for coming the Pacts into force, largely resulted from “apprehensions expressed by countries for suppression, by the pacts, of possibilities of casual approval by a country with regard to this, if human rights are restricted on its territory.10
The International Pact of the Citizen and Political Rights needs a protection and realization of the rights included in that without any conditions and all the time. Whereas the sides of the International Pact of the Citizen and Political Rights are obliged to take the appropriate, individual steps, and within the limits of help and international co-operation, at most using available measures, in order to gradual achievement of full realization of rights recognized in this Pact. Differences resulting from the cold war between East and West overlapped on the above-cited apprehensions. 11
The International Pact of the Citizen and Political Rights and International Pact of Economic, Social and Culture Rights together with the General Declaration of the human Rights create the International Bill of the Human Rights. In the universal system of the United Nations, beside the social character rights there were created the particular regulations, too, protecting some categories of subjects and object detailed. New created specialized agencies and committees became their institutional support. There were called in order to monitoring and coming into force standards of human rights concerning specific issues, such as refugees’ rights, workers’ rights and special rights of children.12
In 1948, under the auspices of ONZ, there were accepted almost 60 treaties and declarations. Here are some of them: Convention on the Prevention and Punishment of the Crime of Genocide; 1951 Convention Relating to the Status of Refugees; 1965 International Convention on the Elimination of All Forms of Racial Discrimination; 1973 International Convention on the Suppression and Punishment of the Crime of Apartheid); 1971 Convention on the Elimination of All Forms of Discrimination Against Women; 1984 Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment; 1989 Convention on the Rights of the Child; 1990 International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families.
1960 Declaration on the Granting of Independence to Colonial Countries and Peoples, 1967 Declaration on the Elimination of All Forms of Discrimination against Women; 1967 Declaration on Territorial Asylum; 1984 Declaration on the Right of Peoples to Peace; 1986 Declaration on the Right to Development; 1992 Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities.
Within the limits of system of the United Nations there exist seven committees, which’s assignment is inclusion, to the country, legal order, of universal, international deals concerning the human rights and the basic freedoms, and restricting of rulings contained in this: The Committee on the Elimination of the Racial Discrimination (to International Convention on the Elimination of All Forms of Racial Discrimination); the Committee of the Human Rights (to the International Pact of the citizen and Political Rights); the Committee of Economic, Social and Culture Rights (to International Pact of Economic, Social and Culture Rights); the Committee against the Tortures ( to Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment); the Committee on the Elimination of the Discrimination against Woman (to Convention on the Elimination of All Forms of Discrimination Against Women); the Committee on the Rights of the Child (to Convention on the Rights of the Child); the Committee the Protection of the Rights of All Migrant Workers and Members of Their Families (to International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families).
20th of December of 1993, by virtue of resolution of the General Assembly there was created a post of the Commissioner of the United Nations on the Human Rights.13 Care about the general respecting of the human rights and its promoting; testifying advisory services, technical support and encouraging of a financial support in the field of human rights to the ask of the country; coordination of programs of public information and education devoted to the issues of the human rights; commitment in dialog with governments in order to assurance of respecting of the human rights; consolidation of international co-operation at this sphere – these are duties resulting from fulfillment of this function.14
In relation to a radical change of international situation, resulting form the end of cold war and increasing amount of regional conflicts in the space of 90’s, there was observed an increased activity on the field of the United Nations on the field of the human rights.15 In sphere of peace and security, the organization puts emphasis on prevention disputes and conflicts, and not reacting just right after its explosion.
Prevention actions are realized with the help of missions and peace operations, directed to resolving of regional conflicts and help in the building of permanent conditions of the inside peace. The United Nations give the human help to persons who suffered in the result of political changes or element disasters. It takes up with problems of refugees, educational, training and information work.16
The numerous non-government organizations, such as i.e. Amnesty International or Human Rights Watch being not only reliable sources of information, but active initiators of further, important changes, too, played the essential role in the works of the United Nations for the benefit of shaping of the system of the human rights, too.
In 1968, the United Nations called the first Global Conference of the Human Rights in Teheran (Iran). The accepted Proclamation of the Conference emphasized relations between the citizen, political, economic, and social and culture rights. Carrying out an evaluation of realization of works related to the protection of the human rights, the countries considered that there were established a lot of important, international conventions, however “there is much to do in the matter of realizing of these rights and freedoms”17.
Twenty five years later, in 1993, the United Nations called the second Global Conference of the Human Rights in Vienna. The Vienna Declaration and the Program of Actions put emphasis on an universal nature of the human rights and need of fighting with any forms of racism, discrimination, xenophobia and intolerance. There was paid attention to the rights of woman, children, minorities and indigenous population.18
However, the 90’s were the mass violations of humane right, too, which restored an actuality of the issue of responsibility of committers of war crimes for violations of the human rights19. The need of creation of permanent court resulted form the fact, that the existing tribunals are only ad hoc courts. Every call of them requires conducting of long-term negotiations, what often causes proof difficulties by virtue of this, that already distant events are the subject of investigation.
In July of 1998, at the Roman Conference, the countries constituted the Status of the International Punishment Tribunal being supposed to judge committers of genocide, war crimes, crimes against humanity, and, in the future, the aggression, after achieving of consensus as far as to definition of this crime. The tribunal was constituted the 1st of July of 2002, after fulfillment of requirement of 60 ratification.20
By virtue of resolution 49/184 from 23rd of December of 1994, the General Assembly proclaimed the 1995 – 2004 with Decade of Education of the Human Rights. Resolution constitutes that: “the education of the human rights should include more than just one information, it should begin a long-term process, in which’s progress people being in the different levels of development and coming from different social groups, will be able to learn a respect for dignity of the others and will get to know measures and methods, thanks to these that respect will be placed in all of the societies.21
It’s emphasized, that an incessant increase of international consciousness and possibility of global communication indicate us, how urgent the need of respecting of human rights is. Continuously lasting actions of the United Nations in this range give a further motivation and power to thousands of units and groups, too, in fighting for their elementary rights and freedoms. Nowadays the millions of people all over the world hurt because of serious violations and deprivation of their basic rights and freedoms, starting with tortures, rape and corruption of judicial system, to forced labor, starvation, lack of access to medical care, flat, hygiene and water. So, does there exist the chance for this, in order to the human rights would have been fully respected by everybody?
The meaning of the Global Declaration of the Human Rights depends, above all, on engagement in realization of its resolutions of units and groups, putting these rules into effect and ready to protect them. It’s indicated that everyone should help in the building of the world, which freedom and personal dignity are recognized as, attributed to everyone, social norm in.
The rights of human may be classified in many categories. Generally, on the one hand, there was established a division for the citizen and political rights and economic, social and culture rights on the other hand. In the beginning, there was predicted that the both categories of the rights will contained in one document. Finally, there were placed on two different documents: the International Pact of Citizen and Political Rights and the International Pact of Economic, Social and Culture Rights.22
The fact that these rights have a different nature was a natural justification of this division – one category of rights is the subject of immediate and non-conditional execution. Whereas countries have to approach gradually to full of economical, social and culture rights, moderately to their financial possibilities.
The thing, if there exists a possibility of precise differentiation between political an citizen, and economic, social and culture matters is a controversial fact. It is because there constitute the mutual supplement and creates together a catalogue of rights belonging to a unit living in the society23.
Preambles of the both Pacts, through a distinct acceptance, that according to the General Declaration of the Human Rights a perfect legal system can be achieved only then, when economical, social and culture rights will be a share of every man to the same degree, just like the citizen and political rights, emphasize a notional correlation between two categories of rights24.
Moreover, in many statements of representatives of the United Nations or in later documents, there is emphasized a indivisibility of these rights.
And for example, the Declaration about the Right to Development accepted in 1986 constitutes that: “All human rights and basic freedoms are indivisible and dependant to each other; implementation, promotion and protection of citizen and political, and economical, social and culture rights requires the special attention and the urgent consideration. Whereas there are no doubts, that both of the Pacts are legally committing to countries, which ratified them. Human rights have waited a lot of special descriptions and analyses. However in general, there may be indicated that the right of life, right to freedom and personal safety, right to reliable, judicial process, right to privacy, right to casual moving, right to organizing and peaceful gathering, right to participation in public life, freedom of religion and expressing of own views, freedom from tortures and slavery are included to the political and citizen rights. 25
All of these rights are contained in the General Declaration of the Human Rights and widely formulated in Pacts of the Human Rights, and also in numerous legal acts protecting some categories of subjects and detailed objective. There strengthen, contained in ONZ cards, fundamental rule that all people are subordinated to the same rights, without any differentiating because of race, color of skin, sex, language, religion, political and other views, nationality or social background or level of wealth.
A differentiation of human rights for individual and collective rights is the other, widely used division. The individual rights are natural, universal, inviolable and inalienable. In the International Bill of the Human Rights, a lot of rights are formulated on the way, which makes every man the main beneficiary: “Everybody has got the right…”26
There exist rights and freedoms among them, which, under no circumstances, can be legally suspended. These are: the right to living, right to freedom of minds, conscience and religion; right of every man to recognition of its legal subjectivity everywhere; prohibition of using the tortures, inhuman and derogatory treatment or punishment; prohibition of having a man in slavery or serfdom; prohibition of convicting a man for act, which was not constituted as crime in time of its commitment; prohibition of depriving of freedom only because of inability of performing a deal obligations (Freeman, M. 2007).
Some of the individual rights, because of its nature, are the rights of bigger communities. The right to organizing and creating of trade unions or the rights of persons belonging to minorities can be the example.
The United Nations recognize the existence of the collective human rights, which’s community of people, nation is a subject. The General Assembly, in resolution 421.V accepted 2nd of December of 1950, determined the right of peoples and nations to self-determination as “the fundamental right of the man”27. Declaration in the matter of assigning the independency to colonial nations and countries, recognized by ZO 14th of December of 1960, constitutes that “all the people have the right to self-determination; by virtue of this right there determine, according to its will, its political status and, without restraint, develop its economical, social and culture life”.28
The right of nations to self-determination was placed in art.1, both of the Pact of Citizen and Political Rights, and the Pact of Economical, Social and Culture Rights. In 1993, the Board of Safety brought into existence the International Punishment Tribunal for Rwanda, and afterwards confirmed in the Vienna Declaration and the Program of Actions, accepted at the end of the II Global Conference of the Human Rights in 1993
1. Ayala, Jose. (1994). in 5th of April 1994 Jose Ayala Lasso from Ecuador,
nominated by the General Secretary and confirmed by the General Assembly, took up, as the first one, the post of the Great Commissioner. 12th of September of 1997 Mary Robinson was elected for the next term of office, ex-president of Ireland.
Nowadays the function of the Great Commissioner is performer by Sergio Vieira de Mello, (Brazil), whose term of office commenced 12th of September 2002.
2. Freeman, M. (2007). Prawa Czlowieka, Warszawa
3. Górnicki, W. (1987). O Nadodach Zjednoczonych bez taijemnic, Warszawa
4. Żurawski, P. (2004); the League of Nations, ONZ, NATO, UE, KBWE/OBWE, non-governmental organizations, Łódź
5. Wiśniewski, T. (2000); Ochrona praw człowieka w świecie, Poznań 2000, s. 131
6. Rogozińska, A. (1998). Wickers, Dziurawy globus czyli ONZ od podszewki, Warszawa,
1 P. Żurawski (red.), the League of Nations, ONZ, NATO, UE, KBWE/OBWE, non-governmental organizations, Łódź 2004, p. 67.
14 In 5th of April 1994 Jose Ayala Lasso from Ecuador, nominated by the General Secretary and confirmed by the General Assembly, took up, as the first one, the post of the Great Commissioner. 12th of September of
1997 Mary Robinson was elected for the next term of office, ex-president of Ireland. Nowadays the function of the Great Commissioner is performer by Sergio Vieira de Mello, (Brazil), whose term of office commenced 12th of September 2002.
16 This kind of works can be observed w Abchasia/Georgia, Burundi, Cambodia, Colombia, the Area of Gaze, Guatemala, Haiti, Malawi, Mongolia, Democratic republic of Congo, Ruanda and ex Yugoslavia.
19 in 1993 the Bard of existence brought into existence the International Punishment Tribunal for ex-Yugoslavia, and in 1994 created the International Punishment Tribunal for Rwanda.