Stocktaking at the evolution of the UN Human Rights Program

• Author: Johannes vana Aggelen
• Position: Docteur en droit University Nijmegen, the Netherlands,1976; Doctor of Civil Law, McGill University, Montreal, Canada, 1989, former Senior Staffmember of OHCHR, Geneva.
• Pages: 11-33

Stocktaking at the Evolution of the UN Human Rights Program 11

Stocktaking at the Evolution of the UN Human Rights Program

dr.JohannesvanaggeLen

1

Resumo

O artigo traça a evolução do programa das Nações Unidas desde o início até o

presente momento, mostrando os aspectos internos e externos do programa em questão,

delineando suas vicissitudes, escrito por um autor com quase 30 anos de experiência.

O gravame do argumento é que todos os seres humanos têm locus standing perante

os comitês de direitos humanos para defender-se. O artigo também revela a expansão

incrível do programa, durante seus mais de 60 anos de existência. Atualmente, a

proteção dos direitos humanos é abordada holisticamente, e a proteção e promoção

dos direitos humanos são difundidas no sistema integral das Nações Unidas.

Abstract

The article traces the evolution of the human right programme of the United

Nations from its inception until the present. It shows the insides and outsides of the

programme containing a continued progress with up and downs, written by an author

with almost 30 years of experience within the system.The gravamen of the argument

is that human beings are entitled to have locus standing before human rights bodies

to defend themselves.The article also demonstrates the incredible expansion of the

programme over more than 60 years.Currently there exists an holistic approach to

human rights protection and human rights are being mainstreamed throughout the

United Nations system.

I. Introduction

Serious concern for the protection of human rights finds its roots in the barbaric

acts committed during the Second World War.

The preambular paragraphs of both the UN Charter and the Universal Declaration

of Human Rights clearly bear witness of the importance of the individual human

dignity on which the evolution of the human rights program would manifest itself

over the years.2

However, the London Declaration of 12 July 1941 was the first step in the direction

of a universal charter where representatives of a number of governments, including

1 “Docteur en droit” University Nijmegen, the Netherlands,1976; Doctor of Civil Law, McGill University, Montreal, Canada, 1989, former

Senior Staffmember of OHCHR, Geneva. This article is the result of a course delivered at Cedin in August 2010

2 See Johannes van Aggelen: “The Preambular Paragraphs of the UN Declaration of Human Rights”, Denver Journal of International Law

and Policy”, vol.28, Nr 2,2000, pp.129-141; see in general Leonardo Nemer Brant Caldeira(editor): “Comentario da Carta das Nações

Unidas”, Cedin,2008

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those in exile, committed themselves to establish an organization based on voluntary

cooperation with the aim to strive for peace.

On 14 August 1941, American President, Wilson and British Prime Minister,

Churchill, signed the so-called

Atlantic Charter in which both leaders expressed the desire of a new world

community in which cooperation among nations would lead to better working

conditions, economic development, social security and peace.

On 1 January 1942, 26 representatives of governments signed a document using

for the first time the name “United Nations”.

The Moscow Conference of 1 November 1943 and the Teheran Conference of

January 1944 strived for the same ideals.

The final stretch ocurred with the Dumbarton Oaks Conference, August-October

1944 and the Yalta Conference in February 1945. The Conference establishing the

United Nations took place in San Francisco from 25 April - 26 June 1945 and the UN

Charter entered into force on 24 October 1945.3

Another important trend is that until world war II, the relation State-individual was

vertical when only states could represent nationals before international tribunals, but

where individuals had no real legal recourse by themselves.

With the adoption of the Universal Declaration, the relation became horizontal and

individuals gradually acquired legal rights as human rights.

II. The First Phase of Human Rights Protection (1946-1966)

The United Nations Preparatory Conference had recommended to the first session

of Ecosoc to establish a Human Rights Commission in accordance with art.68 of the

UN Charter, which it did in February 1946.

At the same time the General Assembly, in January 1946, transmitted to Ecosoc a

draft Declaration on Human Rights and Fundamental Freedoms as a reference point

for the Human Rights Commission.

The work was carried out by a drafting committee chaired by Mrs. Roosevelt.

At the beginning of the drafting process it was acknowledged that although civil

and political rights were the first condition of liberty, the progress in scientific and

industrial civilization had created economic organizations which were inflicting on

politically free peoples intolerable servitudes.

Hence the declaration should be extended to cover economic and social fields.4

Subsequently, the first director of the Human Rights Division, the late Professor

3 United Nations Conference on International Organization, San Francisco, 1945, UNCIO, 14 volumes (Conference Proceedings: texts of

documents adopted by the Conference,(London 1945).

4 UN Doc E/HR/6 dated 1 May 1946

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