LawState and Law

International Protection of Human Rights in the UN System

Despite important world achievements in the formulation of human rights norms and standards, there are huge gaps in their implementation. One law and internal resources are not enough to make rights become a reality, it is also necessary to ensure respect for the law and its application in life. This is why international protection of human rights is necessary. Yes, of course, states have their own laws and obligations to protect these rights, but do they always apply them? The mechanisms of this protection can be used to ensure that the state fulfills these duties.

After the world wars of the twentieth century - especially the Second World War - it became clear that human rights and freedoms are almost impossible to implement within the framework of national legislation - horrific crimes, genocide and massacres were committed by various regimes in Europe and Asia on the basis of laws, only these laws did not completely correspond Rights and freedoms. Therefore, the United Nations has decided that it is extremely important to monitor at the international level how much human rights are respected at the national level. Thus, international protection of human rights has become a priority for this new organization.

We can say that the United Nations has many functions and functions in the field of human rights. It has for this purpose special structures that can recommend, investigate, advise, help the states of the UN system how to maintain and respect human rights in various spheres, and even control how far the states follow their recommendations. The credentials of these UN structures are based on the international obligations of the UN member states. On this basis, international legal protection of human rights is carried out.

First of all, this function is carried out by the UN General Assembly, as well as by the special Council on the Economic and Social Question, which it manages. This Council (ECOSOC) makes reports that serve as the basis for including various acute and problematic issues of violence against human rights on the agenda of the General Assembly. Such questions can also be proposed by different UN states, and also by the Secretary General. The international protection of human rights through this system is weakened by the fact that the decisions of the General Assembly for governments are not mandatory, but recommendatory. However, they proceed from the principles of international law, which are legally binding.

One of the subsidiary bodies of ECOSOC, which performs a human rights function, can be called the Commission on Human Rights, created in the forties of the last century. Every year she sits for six weeks. Its special rapporteurs are preparing various studies on whether international treaties are violated, how civil rights and freedoms are respected , the rights of women and minorities, whether individuals are discriminated against based on skin color, nationality, faith or other characteristics. In addition to research, the Commission makes recommendations for improving the situation.

International mechanisms for the protection of human rights since 1976 have been reinforced by the emergence of a special UN Committee, which also works in the human rights field. There are experts from different countries who have a high reputation in the field of morality and who are specialists in the field of rights and freedoms, their implementation and protection. The Committee hears the reports of States on the situation in them regarding human rights and makes various comments to them, to which the state is obliged to respond. This Committee can also complain to specific people about the violation of their rights and freedoms. In reviewing complaints, the Committee decides and recommends that it should be changed in laws and in practice, in order to avoid violations of rights.

International protection of human rights in the UN system is also carried out through other bodies dealing with the rights of specific groups of people: women, children, and so on. The International Criminal Court has been dealing with the most serious crimes against human rights since the 2000s, committed by persons in power - such as war crimes, genocide or crimes against humanity and similar things. Since in recent years the UN system protecting human rights has been very criticized from various sides due to its cumbersome and inefficient, especially in crisis situations, such posts as the UN High Commissioners - in particular, for human rights, on refugee rights, which Can act and in a war-time environment.

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