Part I The Human Rights Mandate of the Principal Organs, 1 The Security Council

Author(s):  
Mégret Frédéric

This chapter discusses the Security Council, which may be the least obvious organ within the United Nations to have a human rights role, yet may also be one of those that can make the most difference when it comes to the upholding of human rights standards internationally. For a human rights regime that is notoriously devoid of much enforcement power, the Security Council comes with a much sought after resource, in the form of the ability to use coercive means against states. Ultimately, the Security Council’s practices provide rich terrain for analysing prospects for human rights at the United Nations, as well as the evolving role of human rights not only as something that is promoted by the United Nations but which shapes, and even constitutes, its authority going forward.

ICL Journal ◽  
2016 ◽  
Vol 10 (3) ◽  
Author(s):  
Irène Couzigou

AbstractThis article assesses whether the United Nations Security Council must respect human rights under international law when acting under Chapter VII of the United Nations Charter. It argues that the Security Council has to respect human rights enshrined in those human rights treaties drawn up under the United Nations’ auspices and in non-peremptory customary international law, when this is not incompatible with the Security Council’s objective of maintaining or restoring international peace and security. The analysis also argues however that the Security Council must comply with peremptory international human rights, with no exception. The paper concludes that Chapter VII action by the Security Council is limited only to a small extent by international human rights standards.


2020 ◽  
Vol 28 (2) ◽  
pp. 298-318
Author(s):  
Roman Girma Teshome

The effectiveness of human rights adjudicative procedures partly, if not most importantly, hinges upon the adequacy of the remedies they grant and the implementation of those remedies. This assertion also holds water with regard to the international and regional monitoring bodies established to receive individual complaints related to economic, social and cultural rights (hereinafter ‘ESC rights’ or ‘socio-economic rights’). Remedies can serve two major functions: they are meant, first, to rectify the pecuniary and non-pecuniary damage sustained by the particular victim, and second, to resolve systematic problems existing in the state machinery in order to ensure the non-repetition of the act. Hence, the role of remedies is not confined to correcting the past but also shaping the future by providing reforming measures a state has to undertake. The adequacy of remedies awarded by international and regional human rights bodies is also assessed based on these two benchmarks. The present article examines these issues in relation to individual complaint procedures that deal with the violation of ESC rights, with particular reference to the case laws of the three jurisdictions selected for this work, i.e. the United Nations, Inter-American and African Human Rights Systems.


The United Nations Secretary-General and the United Nations Security Council spend significant amounts of time on their relationship with each other. They rely on each other for such important activities as peacekeeping, international mediation, and the formulation and application of normative standards in defense of international peace and security—in other words, the executive aspects of the UN’s work. The edited book The UN Secretary-General and the Security Council: A Dynamic Relationship aims to fill an important lacuna in the scholarship on the UN system. Although there exists an impressive body of literature on the development and significance of the Secretariat and the Security Council as separate organs, an important gap remains in our understanding of the interactions between them. Bringing together some of the most prominent authorities on the subject, this volume is the first book-length treatment of this topic. It studies the UN from an innovative angle, creating new insights on the (autonomous) policy-making of international organizations and adding to our understanding of the dynamics of intra-organizational relationships. Within the book, the contributors examine how each Secretary-General interacted with the Security Council, touching upon such issues as the role of personality, the formal and informal infrastructure of the relationship, the selection and appointment processes, as well as the Secretary-General’s threefold role as a crisis manager, administrative manager, and manager of ideas.


1949 ◽  
Vol 43 (2) ◽  
pp. 246-261 ◽  
Author(s):  
Marie Stuart Klooz

The effort of the delegate from Argentina to press the admission of certain states into the United Nations despite the negative vote of one of the five permanent members of the Security Council was denounced by the Union of Soviet Socialist Republics, Poland, Belgium, Pakistan, The Netherlands, and France as being contrary to the provisions of the Charter in the discussion on the adoption of the agenda during the Third Session of the General Assembly. These states held that even discussion of such an item by the Assembly was illegal.


2014 ◽  
Vol 18 (1) ◽  
pp. 405-424
Author(s):  
Pia Acconci

The World Health Organization (who) was established in 1946 as a specialized agency of the United Nations (un). Since its establishment, the who has managed outbreaks of infectious diseases from a regulatory, as well as an operational perspective. The adoption of the International Health Regulations (ihrs) has been an important achievement from the former perspective. When the Ebola epidemic intensified in 2014, the who Director General issued temporary recommendations under the ihrs in order to reduce the spread of the disease and minimize cross-border barriers to international trade. The un Secretary General and then the Security Council and the General Assembly have also taken action against the Ebola epidemic. In particular, the Security Council adopted a resolution under Chapter vii of the un Charter, and thus connected the maintenance of the international peace and security to the health and social emergency. After dealing with the role of the who as a guide and coordinator of the reaction to epidemics, this article shows how the action by the Security Council against the Ebola epidemic impacts on the who ‘authority’ for the protection of health.


2021 ◽  
pp. 419-434
Author(s):  
Jeffrey Haynes

This chapter is concerned with religion at the United Nations (UN), and in particular how it relates to the activities of the UN at its Geneva office. In recent years, the UN has experienced growing concern about religion, including a higher profile in the General Assembly, the Security Council, and several of the UN’s specialized agencies, among them the Human Rights Office, the Educational, Scientific, and Cultural Organization, the Population Fund (UNFPA), and the United Nations Alliance of Civilizations. For many, this was unexpected given that it followed decades of religion’s apparent marginalization at the UN. The increased presence of religious actors at the UN reflects a wider phenomenon: the deepening problems of global governance and increased calls for the UN to be ‘democratized’ by drawing on an array of, mainly non-state voices, both secular and religious, to supplement those of states.


1997 ◽  
Vol 25 (1-3) ◽  
pp. 17-34
Author(s):  
Gudmundur Alfredsson

International cooperation for the promotion and encouragement of human rights and fundamental freedoms is one of the very purposes of the United Nations, according to article 1 of the Organization's Charter. The mandate is clear. In order to live up to this purpose, much work has been undertaken by establishing international human rights standards and by encouraging and persuading states to comply with these same standards.This presentation, by way of an overview, briefly describes the international human rights instruments and the classification and contents of the standards contained therein. The methods employed by the United Nations and non-governmental organization (NGOs) for the realization of the standards are also outlined, including monitoring procedures, technical assistance and other activities concerned with the protection and promotion of human rights. Finally, the presentation identifies UN institutions where human rights issues and procedures are debated and decided upon.


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