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