The Significance of Human Rights Law for the United Nations
There cannot be said to be any kind of uncertainty regarding the fact that fostering good governance is vital in order to ensure and guarantee respect in relation to the human rights. In the absence of the ‘rule of law’ and the independent courts (as well as the other institutions) of the contemporary society (which can be considered to be the indispensable elements of good governance), the promise and potential of the human rights might continue to be a promise that is not fulfilled. In the absence of democracy and rule of law, the implementation of the fundamental freedoms shall become impossible[1]. This essay shall forward a discussion regarding the manner in which the rule of law, the democracy or the human rights come into significance in regard to the United Nations.
The creation of United Nations (UN) in the year of 1945 gave rise to a new era of respect and deference for the human rights. However, the Charter of United Nations does not encompass an all-inclusive Bill of Rights. In its place, the modern human rights law is actually grounded upon the ‘Universal Declaration of Human Rights’ (or UDHR), which had been conscripted by the ‘Commission on Human Rights’ (or CHR) in the year of 1947, and then it was accepted by United Nations General Assembly on the 10th day of the month of December in the year of 1948. The UDHR forwards the fundamental freedoms and rights that every human being, irrespective of religion, colour, race, language sex, and political or other opinion, national and ethnical background, shall have the entitlement to enjoy[2]. Since centuries, the above said rights have been acknowledged, however, it only received official status and acknowledgement after the formation of ‘Universal Declaration’. Subsequent to the formation of UDHR, the above said right were widely codified along with the agreement and aid of the global community[3].
Human rights, the rule of law and democracy give effect to an environment, where the nations are able to promote development and advancement, safeguard human beings from any kind of discrimination, as well as ensure equivalent accessibility to justice for everyone. It should be noted that the Forum relating to the Human Rights, the Rule of Law and Democracy is a vital forum for the purposes of dialogue, exchange, mutual cooperation and understanding regarding on the inter-relation amidst the human rights, the rule of law and democracy. The main aim of the above said Forum is to make a provision of a podium for the promotion of cooperation and dialogue in relation to the issues concerning the relation amidst such areas as well as to recognize and evaluate the best practices, opportunities and challenges for the member states in their attempts to protect respect for the human rights, the rule of law and democracy[4].
As demarcated by the UN Secretary-General, the ‘rule of law’ mandates that legal procedures, organizations and practical norms should be consistent with the human rights, which includes the main principles regarding equality as per the law, answerability to the law, and fairness and justice in the safeguard and vindication of the rights. Rule of law cannot be said to exist in the societies if there is no protection in relation to the human rights, and also, it shall not be possible to protect the human rights in the societies where there is no existence of a strong and sturdy rule of law[5]. It should be noted that the rule of law is regarded as the application instrument for the human rights, making them from a mere principle into an actuality. The role of the rule of law has been vital in the anchoring of the social, cultural as well as economic rights in the national laws, regulations and constitutions. In the instance where such rights can be said to be justiciable or the legal protection of such rights have otherwise been guaranteed, the rule of law makes provision of the means of compensation or redress when such rights are actually violated or the public resources are actually exploited[6].
The Role of Rule of Law in Protection of Human Rights
Democracy can be said to be an essential value of United Nations. United Nations supports democracy through the promotion of the human rights, peace and security, and development. It must be noted that in the seventy-five years since the Charter of United Nations had been signed, United Nations has actually done a lot more (in comparison to any other international organization) to aid and support democracy all over the world. United Nations monitors elections, promotes good governance, provides support in respect of the civil society for strengthening the democratic establishments and responsibility, confirms self-determination in the decolonized nations, and provides assistance in the formation of new constitutions in the post-conflict countries[7]. The principles as well as purposes of international law and the UN Charter continues to be universal, timeless and a crucial basis for a much more prosperous, just and peaceful world. The human beings shall abide by every international agreement that has been given effect to and every commitment that have made. The United Nations endorses the promotion of respect for human rights and democracy as well as the enhancement of the rule of law and democratic governance by establishing accountable and transparent governance and autonomous judicial institutions. In this manner, the United Nations, with the help of the instruments of human rights, democracy and the rule of law, has been able to achieve the international justice[8].
Conclusion
To conclude, in regard to the international justice, amongst the biggest accomplishments of United Nations can be said to be the advancement of an entity relating to international law, which is essential in relation to the promotion of the social and economic progression, as well as the advancement of international justice (peace and security). The international law and justice have been forwarded in the treaties, standards and conventions. This particular essay has forwarded a discussion regarding the manner in which the rule of law, the democracy or the human rights come into significance in regard to the United Nations.
Blair, Robert A. “UN Peacekeeping and the Rule of Law.” American Political Science Review 115.1 (2021): 51-68.
Ohchr.org, ‘United Nations Forum On Human Rights, Democracy And The Rule Of Law’ (Ohchr.org, 2022) <https://www.ohchr.org/en/hrc-subsidiaries/democracy-forum> accessed 25 April 2022.
Omelchuk, O. M., et al. “Protection of human rights in the context of the development of the rule of law principle: The international aspect.” Journal of the National Academy of Legal Sciences of Ukraine 28.1 (2021): 32-42.
Omelchuk, O. M., et al. “Protection of human rights in the context of the development of the rule of law principle: The international aspect.” Journal of the National Academy of Legal Sciences of Ukraine 28.1 (2021): 32-42.
?ENER, Mustafa Burak. “A Review of the Meaning and Importance of the Universal Declaration of Human Rights.” Uluslararas? Politik Ara?t?rmalar Dergisi 7.3 (2021): 15-25.
Sun, Pinghua. “UDHR: Historic Cross-Cultural Heritage as a Common Standard for Human Rights.” Chinese Contributions to International Discourse of Human Rights. Springer, Singapore, 2022. 1-28.
Un.org, ‘Democracy | United Nations’ (United Nations, 2022) <https://www.un.org/en/global-issues/democracy> accessed 25 April 2022.
un.org, ‘International Law And Justice | United Nations’ (United Nations, 2022) <https://www.un.org/en/global-issues/international-law-and-justice> accessed 25 April 2022.
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