Chapter 1 • International Human Rights Law and the Role of the Legal Professions: A General Introduction
Human beings cannot be deprived of the substance of their rights
(inalienability). Only the exercise of some of these rights can be
limited in certain circumstances.
The fact that human rights originate in the unique nature of the
human being means that they should be subjected to effective legal
protection at the national and international levels.
2.3 Human rights and their impact on national and
international peace, security and development
As already explained, it was the tragedies of the two World Wars that
compelled the international community to create a world organization with the purpose
of furthering peace and justice, inter alia by encouraging the promotion and protection
of human rights and fundamental freedoms. The all-too-evident lesson to be drawn
from the Second World War was that, when a State pursues a deliberate policy of
denying persons within its territory their fundamental rights, not only is the internal
security of that State in jeopardy, but in serious situations there is a spillover effect that
imperils the peace and security of other States as well. This hard-won lesson has been
confirmed on numerous occasions since in every part of the world. Effective
protection of human rights promotes peace and stability at the national level not only
by allowing people to enjoy their basic rights and freedoms, but also by providing a
basic democratic, cultural, economic, political and social framework within which
conflicts can be peacefully resolved. Effective protection of human rights is
consequently also an essential precondition for peace and justice at the international level,
since it has inbuilt safeguards that offer the population ways of easing social tension at the
domestic level before it reaches such proportions as to create a threat on a wider scale.
As a reading of, in particular, Article 1 of the Charter of the United Nations
and the first preambular paragraphs of the Universal Declaration and the two
International Covenants makes clear, the drafters were well aware of the essential fact
that effective human rights protection at the municipal level is the foundation of justice,
peace and social and economic development throughout the world.
More recently, the link between, inter alia, the rule of law, effective human
rights protection and economic progress has been emphasized by the SecretaryGeneral of the United Nations in his Millennium Report, where he emphasized that
“84. It is now widely accepted that economic success depends in
considerable measure on the quality of governance a country enjoys. Good
governance comprises the rule of law, effective State institutions,
transparency and accountability in the management of public affairs,
respect for human rights, and the participation of all citizens in the
decisions that affect their lives. While there may be debates about the most
appropriate forms they should take, there can be no disputing the
importance of these principles”.7
7 UN doc. A/54/2000, We the Peoples: the Role of the United Nations in the Twenty-First Century, Report of the Secretary-General, para. 84.
Human Rights in the Administration of Justice: A Manual on Human Rights for Judges, Prosecutors and Lawyers
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