What are the Human Rights under the UN Charter?

The UN Charter does not explicitly list specific human rights but rather establishes the foundational principles and a profound commitment to human rights, serving as the bedrock upon which the international human rights framework was built. It obligates Member States to promote universal respect for, and observance of, human rights and fundamental freedoms.

The Foundational Commitment to Human Rights

The UN Charter, adopted in 1945, marks a pivotal moment in the recognition of human rights as an international concern. While it does not enumerate individual rights, it firmly embeds the promotion and protection of human rights within the core purposes and principles of the United Nations.

• Preamble: As early as its Preamble, the Charter reaffirms faith in fundamental human rights, in the dignity and worth of the human person, in the equal rights of men and women and of nations large and small. This initial declaration signals the UN's central role in upholding human dignity globally.
• Article 1: One of the primary purposes of the United Nations, as stated in Article 1, is "to achieve international co-operation... in promoting and encouraging respect for human rights and for fundamental freedoms for all without distinction as to race, sex, language, or religion."
• Articles 55 and 56: These articles further elaborate on the UN's commitment. Article 55 declares that the UN shall promote "universal respect for, and observance of, human rights and fundamental freedoms for all without distinction as to race, sex, language, or religion." Article 56 then obligates all Members to take "joint and separate action in co-operation with the Organization for the achievement of the purposes set forth in Article 55."

These provisions demonstrate that the UN Charter is not merely a treaty for peace and security but also a crucial instrument for advancing human rights globally. It transformed human rights from a purely domestic matter into a legitimate subject of international concern and action.

Evolution of Human Rights Standards

Following the Charter's establishment of the foundational commitment, the specific content of these "fundamental human rights" was elaborated upon in subsequent international instruments.

• Universal Declaration of Human Rights (UDHR): Adopted by the UN General Assembly in 1948, the Universal Declaration of Human Rights (UDHR) is the cornerstone document that articulates the specific human rights flowing from the principles laid out in the UN Charter. It serves as a common standard of achievement for all peoples and all nations, listing civil, political, economic, social, and cultural rights.
  • Civil and Political Rights: These include rights to life, liberty, and security of person; freedom from slavery and torture; freedom of thought, conscience, and religion; freedom of opinion and expression; and the right to participate in government.
  • Economic, Social, and Cultural Rights: These encompass rights to work, social security, an adequate standard of living, education, and participation in cultural life.

The Charter's Enduring Legacy

The UN Charter, therefore, provided the mandate and the moral authority for the international community to develop a comprehensive body of international human rights law.

The Charter's emphasis on human rights led to the creation of various UN bodies dedicated to monitoring and promoting human rights, such as the UN Human Rights Council and the Office of the High Commissioner for Human Rights (OHCHR). These bodies work to ensure that the principles enshrined in the Charter and elaborated in the UDHR are respected worldwide.

In essence, while the UN Charter doesn't provide a list, it acts as the initial declaration of intent, setting the stage for the detailed human rights norms and standards that have evolved under the UN's auspices, primarily through the UDHR and subsequent international treaties.