Chapter 1 • International Human Rights Law and the Role of the Legal Professions: A General Introduction that, unless the conditions of the ever-increasing number of workers were improved, the workers would create social unrest, even revolution, thereby also imperilling the peace and harmony of the world.3 Following the atrocities committed during the Second World War, the acute need to maintain peace and justice for humankind precipitated a search for ways of strengthening international cooperation, including cooperation aimed both at protecting the human person against the arbitrary exercise of State power and at improving standards of living. The foundations of a new international legal order based on certain fundamental purposes and principles were thus laid in San Francisco on 26 June 1945 with the adoption of the Charter of the United Nations. In the Preamble to the Charter, faith is first reaffirmed “in fundamental human rights, in the dignity and worth of the human person, in the equal rights of men and women and of nations large and small”. Secondly, the Preamble also, inter alia, expresses the determination “to promote social progress and better standards of life in larger freedom”. Thirdly, one of the four purposes of the United Nations is, according to Article 1(3) of the Charter, “2. 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”. Other Charter provisions containing references to human rights are: Articles 13(1)(b), 55(c), 62(2), 68, and 76(c). It is of particular significance to point out that, according to Articles 56 and 55(c) read in conjunction, United Nations Member States have a legal obligation “to take joint and separate action in co-operation with the Organization for the achievement of” “universal respect for, and observance of, human rights and fundamental freedoms for all without distinction as to race, sex, language, or religion”. This important legal duty conditions Member States’ participation throughout the United Nations human rights programme. With the adoption by the United Nations General Assembly of the Universal Declaration of Human Rights on 10 December 1948, the rather terse references to “human rights and fundamental freedoms” in the Charter acquired an authoritative interpretation. The Universal Declaration recognizes civil, cultural, economic, political and social rights, and, although it is not a legally binding document per se, since it was adopted by a resolution of the General Assembly, the principles contained therein are now considered to be legally binding on States either as customary international law, general principles of law, or as fundamental principles of humanity. In its dictum in the case concerning the hostages in Tehran, the International Court of Justice clearly invoked “the fundamental principles enunciated in the ... Declaration” as being legally binding on Iran in particular with regard to the wrongful deprivation of liberty and the imposition of “physical constraint in conditions of hardship”.4 3 For the history of the ILO, see the ILO web site: www.ilo.org/public/english/about/history.htm. 4 See United States Diplomatic and Consular Staff in Tehran (United States of America v. Iran), Judgment, ICJ Reports 1980, p. 42, para. 91. Human Rights in the Administration of Justice: A Manual on Human Rights for Judges, Prosecutors and Lawyers 3

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