Abstract
In the present era, providing human rights represents the governance quality of a government and human rights treaties are criteria for its assessment. Also the UN human rights conventions, because of their international nature in the past seven decades, have been the main representative to reflect man's fundamental demands. Now the main question is that to what extent these conventions are remarkable and effective in order to explain and guarantee human rights in the international arena? The author believes that the conventions are the most important international mechanisms to identify human rights which compared to the past history of mankind have offered the most comprehensive international regulations in order to reflect the fundamental human rights. But then, two main factors undermined the effectiveness of the conventions. The first factor is intratextual drawbacks of the conventions which are divided into three drawbacks: reservation, withdrawal and arbitrary essence of accepting the committees’ competence. The second and more important factor is the reasons out of the conventions which are divided into two categories: the doctrine of privity of contract and disobedience by some governments under the ideological or moral reasons. The first factor can be addressed by the secondary amendments. However, the big challenge is the second factor which mechanism to settle it are to inform the international community about the importance of the UN human rights conventions, creating intersubjective understanding and eventually accepting the supremacy of international human rights over internal law.
Highlights
Today, one of the most important criteria for evaluating good governance, without doubt, is the rule of human rights and its realization is a component of human society’s prosperity
Acknowledging the importance of the conventions in the contemporary international system, but desired goals of these treaties have not been achieved yet favorably and we still witness many forms of violation of the UN human rights conventions (UNHRC) in some parts of the world.(Note 3)Why after more than five centuries of humanitarian efforts and seven decades of formation of the UN and ratification of the charter of human rights and after some decades of ratification of other human rights treaties, human society is still faced with human rights violations in some parts of the world is the question its answer has several reasons, each of which plays an important role in undermining the effectiveness of the conventions and non-realization of their objectives
The Human Rights Committee’s characterization of the International Covenant on Civil and Political Rights might lead one to think that Vienna Convention on the law of treaties’ (VCLT) cannot provide solutions to reservations problems in relation to human rights treaties”.(Ziemele & Liede, ibid., p.1136)The author's belief is that there is no effective strategy in this area and merely stipulating a ban on the implementation of the reservation in the mentioned conventions can reserve the position and the fundamental purpose of these treaties
Summary
One of the most important criteria for evaluating good governance, without doubt, is the rule of human rights and its realization is a component of human society’s prosperity. Development of democracy, understanding human dignity and the elimination of structures based on discrimination and oppression are indebted to humanitarian thoughts and movements which have caused realization and guarantee of human rights to be the concomitant of human societies life and a requisite for legitimacy of governments. In this regard, UN human rights conventions (UNHRC) should be known as the center of all human rights approaches at the present time due to the significance of the ‘United Nations’ in the contemporary international system.
Sign-in/Register to view highlights & summary Sign-in/Register to access full text options 
Talk to us
Join us for a 30 min session where you can share your feedback and ask us any queries you have
Schedule a callDisclaimer: All third-party content on this website/platform is and will remain the property of their respective owners and is provided on "as is" basis without any warranties, express or implied. Use of third-party content does not indicate any affiliation, sponsorship with or endorsement by them. Any references to third-party content is to identify the corresponding services and shall be considered fair use under The CopyrightLaw.
