The United Nations Commission on Human Rights and Violations of Human Rights and Fundamental Freedoms

Abstract

International concern for human rights was in the minds of many who were involved in the drafting of the charter for a new world organization in the closing days of the Second World War. This concern for human rights found its expression in a number of provisions of the United Nations Charter. However, proposals to incorporate in or annex to the Charter a definition or an enumeration of fundamental human rights did not commend themselves to the San Francisco Conference. Similarly, attempts to make provision in the Charter for the implementation of human rights also met with opposition. The Great Powers in particular were afraid that the world organization would actively impose human rights on the individual countries. Consequently, a certain degree of disappointment prevailed among the advocates of effective international protection of human rights. A last-minute move by American non-governmental organizations, whose representatives were attached in an advisory capacity to the United States delegation at the San Francisco Conference, resulted in enlisting the United States' support for an express reference in the Charter to the creation of a commission for the promotion of human rights. The United States, on its part, succeeded in obtaining the backing of the other three Sponsoring Powers (China, UK and USSR) for this idea. As a result, Article 68 of the Charter provides that “The Economic and Social Council shall set up commissions in economic and social fields and for the promotion of human rights, and such other commissions as may be required for the performance of its functions”. Among the functional commissions subsequently created by the Economic and Social Council, the Commission on Human Rights is the only one specifically referred to in the United Nations Charter.