scholarly journals Powstanie Powszechnej deklaracji praw człowieka. Kontrowersje dotyczące autorstwa i podziału ról w przygotowywaniu i przyjęciu tekstu dokumentu

2018 ◽  
Vol 25 ◽  
pp. 118-130
Author(s):  
Arkadiusz Domagała

The creation of the Universal Declaration of Human Rights. Disputes on authorship and roles of individuals concerning preparation and adopting of the DeclarationThe Universal Declaration of Human Right was prepared, revised and finally adopted by many representatives to the United Nations bodies. The study presents the drafting of the Declaration from the perspective of people whose contribution was the most essential. They were members of the Commission of Human Rights and its drafting committee Eleanor Roosevelt, Peng-chun Chang, Charles Malik, René Cassin, the UN Secretariat John P. Humphrey. All of them can be labeled as the authors of the Declaration which seems to be an unnecessary generalisation. The underestimated role of Humphrey and overestimated role of Cassin are presented in detail. The paper concludes that the contribution to the Universal Declaration of Human Rights may be differentiated. Ultimately, the author argues that roles of a sponsor, an initiator, a creator, a redactor, a guard and a reviser can be distinguished.

2020 ◽  
Vol 9 (2) ◽  
pp. 184-212
Author(s):  
Ademola Oluborode Jegede

Abstract The link between climate change and human rights is being made under the instruments as well as charter and treaty bodies constituting the United Nations (UN) human rights system. Despite the efforts, the right to a safe climate does not exist under the UN human rights system. Based on the vulnerability of human populations and the essential compliance with yardsticks for a new human right, the article argues for the creation of the right to a safe climate and advances two approaches by which it can be achieved under the UN human rights system.


Philosophy ◽  
1989 ◽  
Vol 64 (250) ◽  
pp. 519-524 ◽  
Author(s):  
John O. Nelson

In the United Nations' Universal Declaration of Human Rights a quite large number of things are said to be ‘human rights’ and though in that Declaration the term ‘inalienable’ is not used to describe the rights in question it has been so used by commentators—at least with respect to some of the rights enumerated. I shall forgo asking the prior question as to whether any such thing as a human right exists and ask simply whether any such thing as an inalienable right exists. My intention will be to show that it does not.


1991 ◽  
Vol 17 (1) ◽  
pp. 87-94
Author(s):  
Tony Evans

Geoffrey Best's article ‘Whatever Happened to Human Rights9 in the January 1990 issue of the Review touches upon many important questions which are well known to human rights scholars. These include such political, legal and philosophical difficulties as defining the concept of self-determination, the prospects for implementing certain economic and social rights and the role of international law in improving human right standards. By examining the work of René Cassin in his role as a member of the Commission for Human Rights during the early years of the United Nations, Best points to these difficulties while attempting to achieve two further objectives. The first is to provide an appreciation of Cassin's personal qualities, and the second, to demonstrate that had Cassin's views been more closely adhered to human rights would in some way be healthier today. Although Best's article is the edited text of a lecture, and is consequently not the tightly argued piece we might expect from a more considered paper prepared especially for publication, several of his claims are either questionable or mistaken.


1952 ◽  
Vol 6 (2) ◽  
pp. 343-344 ◽  

Freedom of information and of the press is a fundamental human right and is the touchstone of all the freedoms consecrated in the Charter of the United Nations and proclaimed in the Universal Declaration of Human Rights; it is essential to the promotion and to the preservation of peace.


1998 ◽  
Vol 38 (325) ◽  
pp. 619-625 ◽  
Author(s):  
Roy W. Gutman

Fifty years after the United Nations proclaimed its ambitious Universal Declaration of Human Rights, skeptics will have no trouble demonstrating that the international community's commitment to the document is shallow at best. The pretense was laid bare by the UN's inadequacy to stop genocide in Bosnia-Herzegovina and Rwanda, compounded by the institution's failure to conduct a thoroughgoing self-examination to determine the lessons of the debacle in Bosnia.


1996 ◽  
pp. 69
Author(s):  
Editorial board Of the Journal

GENERAL DECLARATION OF HUMAN RIGHTS Adopted and proclaimed in resolution 217 A (III) of the General Assembly of the United Nations of 10.12.1948


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.


Author(s):  
Robert Palmer ◽  
Damien Short ◽  
Walter Auch

Access to water, in sufficient quantities and of sufficient quality is vital for human health. The United Nations Committee on Economic, Social and Cultural Rights (in General Comment 15, drafted 2002) argued that access to water was a condition for the enjoyment of the right to an adequate standard of living, inextricably related to the right to the highest attainable standard of health, and thus a human right. On 28 July 2010 the United Nations General Assembly declared safe and clean drinking water and sanitation a human right essential to the full enjoyment of life and all other human rights. This paper charts the international legal development of the right to water and its relevance to discussions surrounding the growth of unconventional energy and its heavy reliance on water. We consider key data from the country with arguably the most mature and extensive industry, the USA, and highlight the implications for water usage and water rights. We conclude that, given the weight of testimony of local people from our research, along with data from scientific literature, non-governmental organization (NGO) and other policy reports, that the right to water for residents living near fracking sites is likely to be severely curtailed. Even so, from the data presented here, we argue that the major issue regarding water use is the shifting of the resource from society to industry and the demonstrable lack of supply-side price signal that would demand that the industry reduce or stabilize its water demand per unit of energy produced. Thus, in the US context alone, there is considerable evidence that the human right to water will be seriously undermined by the growth of the unconventional oil and gas industry, and given its spread around the globe this could soon become a global human rights issue.


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