ABSTRACT
The drafters of the UN Charter knew that they were writing the constitutive document of an important organization, one which they hoped would save the world from future world wars. Yet they never imagined that they were creating an international system of human rights. To be sure, human rights provisions were scattered throughout the Charter. But these rather scattered references (see Table 3.1) were never intended to serve as a system for human rights protection. Even the vague provisions on human rights which were included in the Charter had a tough time squeaking in over the objection of the Soviet Union. The consensus among states in attendance at the founding of the UN meeting in San Francisco, however, favored making reference to human rights without defining the concepts used or listing in any detail specific human rights obligations. Article 1 of the UN Charter makes clear that one of the aims of the
UN is to achieve international cooperation by “promoting and encouraging respect for human rights and for fundamental freedoms for all without distinction as to race, sex, language or religion.” The remaining human rights provisions of the Charter establish a nascent infrastructure and goals for human rights enforcement. Significantly, Article 55 identifies three purposes which the states of the United Nations vow to promote: “(a) higher standards of living, full employment, and conditions of economic and social progress and development; (b) solutions of international economic, social, health, and related problems; and international cultural and educational cooperation; and (c) universal respect for, and observance of, human rights and fundamental freedoms for all without distinction as to race, sex, language, or religion.” By agreeing to the Charter, Article 56 of the Charter elaborates, “All Members pledge themselves to take joint and separate action in cooperation with the Organization for the achievement of the [three] purposes set 55.”
