Lecture 3 - Post 1945 & the United Nations

Why did human rights become an international concern after 1945? (Flashcard 1)

WWII's destruction — especially the Holocaust

• Convinced states that stronger international protections for human dignity were needed.

• Human rights shifted from a purely domestic matter to a global concern tied to peace, security and justice.

What's the debate over how 'Western' human rights are? Flashcard 2

Whether human rights are truly universal or mainly reflect Western political/philosophical ideas.

• Many concepts did develop in Europe/North America, but drafting modern human rights law involved states and individuals from many cultures and regions.

What was Roosevelt's Four Freedoms Speech (1941)? (Flashcard 3)

Identified 4 Essential Freedoms

• Freedom of Speech

• Freedom of Religion

• Freedom from Fear

• Freedom from Want

Delivered before the US had joined WWII (before Pearl Harbour), partly to move America away from isolationism.

What was the Atlantic Charter (1941) (Flashcard 4)

A US-UK statement of post-war goals.

• Self-government, economic cooperation, international peace.

Inspired by Roosevelt’s Four Freedoms and Churchill’s views. It later influenced ideas about self-determination and global cooperation.

Why did 'human dignity' become central after WWII? (Flashcard 5)

As a direct reaction to Nazi ideology and mass atrocities, establishing that every person has inherent value simply for being human.

• Appears in Article 1 of the German Basic Law ('human dignity is inviolable') and the UDHR's preamble.

What were the Nuremberg Trials (1945–49)? (Flashcard 6)

Trials prosecuting leading Nazi officials after WWII.

• Historically important because individuals (not just states) were held personally responsible for international crimes.

What 3 categories of crimes did the Nuremberg Charter define? (Flashcard 7)

1. Crimes against Peace (planning/starting an aggressive war)

2. War Crimes (Violations of the laws of war)

3. Crimes Against Humanity (murder, extermination, enslavement, deportation, persecution of civilians)

What key legal principle emerged from Nuremberg? (Flashcard 8)

Individual criminal responsibility

• Individuals can be punished under international law even if their domestic law permitted the act.

• 'Just following orders' was not accepted as a full defence.

What is the UN Charter (1945) (Flashcard 9)

The UN’s founding Constitutional Document.

• It links international peace & security with respect for human rights, while also protecting state sovereignty (Article 2)

Article 1 - UN Charter (Flashcard 10)

One of the UN’s core purposes is to promote respect for human rights and fundamental freedoms for all, without discrimination based on race, sex, language, or religion.

Article 2 - UN Charter (Flashcard 11)

State Sovereignty

It limits UN intervention in matters within a state’s domestic jurisdiction.

• Creating lasting tension between international human rights protection and national sovereignty.

Arts. 55 & 56 - UN Charter (Flashcard 12)

Cooperation of the Treaty

They commit UN member states to cooperate, jointly and separately, in promoting universal respect for and observance of human rights.

Article 68 - UN Charter (Flashcard 13)

The Economic and Social Council (ECOSOC) shall set up commissions in economic and social fields, including for the promotion of human rights.

What are the 4 texts of the 'International Bill of Rights'? (Flashcard 14)

1. The UN Charter (1945)

2. The Universal Declaration of Human Rights (1948)

3. ICCPR

4. ICESCR

When and where was the UDHR adopted, and who contributed? (Flashcard 15)

Adopted by the UN General Assembly in Paris on 10 December 1948

• Drafting contributions from states across regions such as China, Egypt, Lebanon, Chile, the Soviet Union, the US and more — showing it wasn't only a Western creation.

Who were key figures in drafting the UDHR? (Flashcard 16)

John Humphrey, René Cassin, Charles Malik and P. C. Chang led the drafting

• With women like Hansa Mehta, Bertha Lutz and Minerva Bernardino helping secure gender-equality language (e.g. 'all men and women are equal').

What does the UDHR protect, and is it legally binding? (Flashcard 17)

A wide range of civil, political, economic, social and cultural rights, applying to all human beings (not just citizens of a state).

• It's not legally binding, but many of its principles are now considered customary international law.

In what way is the UDHR criticised as 'Western'? (Flashcard 18)

It includes many social and economic rights

• E.g. the right to fair pay and holiday time — that reflect Western-style protections more heavily than some other regions' human rights traditions.

How do the ICCPR and ICESCR relate to the UDHR? (Flashcard 19)

They turned the UDHR’s principles into legally binding obligations for states that ratify them.

• ICCPR covers civil & political rights

• ICESCR covers economic, social & cultural rights.

What are the four main UN Human rights Institutions? (Flashcard 20)

1. The UN Human Rights Council (UNHRC)

2. The Office of the High Commissioner for Human Rights (OHCHR)

3. The Human Rights Committee

4. Committee on Economic, Social and Cultural Rights (CESCR)

What is the UN Human Rights Council (UNHRC)? (Flashcard 21)

Created in 2006 by the UN General Assembly

• Replacing the 1946 UN Commission on Human Rights

• Has 47 member states and reviews HR situations globally through reporting

Note: Often criticised as political, since accused states can also sit on it.

What did the earlier UN Commission on Human Rights do? (Flashcard 22)

Existed from 1946 and helped draft the UDHR, ICCPR and ICESCR.

• It initially focused on promoting rights through studies and recommendations rather than investigating specific states.

What was the 1235 Procedure? (Flashcard 23)

Introduced from 1950s–60s pressure over decolonisation and apartheid, it allowed investigation into consistent patterns of gross human rights violations in specific states.

What was the 1503 Procedure? (Flashcard 24)

Allowed individuals to submit (confidential) petitions about human rights violations — marking a shift from simply promoting rights to actively investigating abuses.

What is the OHCHR? (Flashcard 25)

The Office of the High Commissioner for Human Rights

• Coordinates HR activities across the UN system, supports treaty bodies, promotes education, and speaks out on major crises.

• Recent High Commissioners: Michelle Bachelet (2018–22), Volker Türk (since 2022).

What is the Human Rights Committee? (Flashcard 26)

Monitors the ICCPR; made up of 18 independent experts; reviews state reports and issues influential (if non-binding) General Comments.

• Under the First Optional Protocol, individuals can bring complaints if their state has accepted it.

What is the CESCR? (Flashcard 27)

The Committee on Economic, Social and Cultural Rights

• Monitors the ICESCR, with 18 independent experts reviewing state reports on rights like education, healthcare, housing and work. Individual complaints are possible under its Optional Protocol.

Why have both UNHRC & the Treaty Committees (HRC / CESCR)? (Flashcard 28)

Treaty bodies only cover states that ratified that specific treaty, checked narrowly against its articles by 18 independent experts.

• The UNHRC reviews EVERY UN member state's overall record (via the Universal Periodic Review), regardless of which treaties they joined, but it's a political body of 47 states, not legal experts.

Why is the UN Declaration Non-Binding

Because states can’t agree to have a binding declaration at that time.

• It would be hard to enforce

• This can allow the declaration to be quite broad