Abstract
Over the years the principal concern of the United Nations in the field of human rights has been establishing standards for specific rights which meet the legal requirement of clarity and precision and the political requirement of acceptability, for a substantial majority of the very mixed bag of states which constitute the United Nations. In December 1948 the General Assembly of the United Nations adopted by 45 votes to nil, with eight abstentions, the Universal Declaration of Human Rights. Though the Declaration is not a binding instrument of international law it is wisely regarded as an authoritative statement of principles to which all nations should adhere. It was accepted at the time that the principles declared needed further elaboration and refinement in instruments laying down specific obligations which signatory states would bind themselves to fulfil. The upshot was the unanimous adoption in 1966 of the International Covenant on Economic, Social and Cultural Rights (ICES) and the International Covenant on Civil and Political Rights (ICPR) by the General Assembly. The distinctive feature of the two Covenants, and the main reason for their long gestation period, was the incorporation of limited provisions designed to secure implementation of the obligations assumed by ratifying parties.
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Notes
Paul Sieghart, The Lawful Rights of Mankind: An Introduction to the International Legal Code of Human Rights (Oxford: Oxford University Press, 1985) p. 98.
See European Convention on Human Rights, Preamble, in Ian Brownlie, Basic Documents on Human Rights (Oxford: Clarendon Press, 1981) p. 243.
For a brief discussion see A. H. Robertson, Human Rights in the World: An Introduction to the Study of the International Protection of Human Rights (Manchester: Manchester University Press, 1982) pp. 93–6.
Adamantia Pollis and Peter Schwab, ‘Human Rights: A Western Construct with Limited Applicability’, in Adamantia Pollis and Peter Schwab (eds), Human Rights: Cultural and Ideological Perspectives (New York: Praeger, 1980).
Jack Donnelly, ‘Cultural Relativism and Universal Human Rights’, Human Rights Quarterly, vol. 6, no. 4 (November 1984) pp. 408–12.
Farrokh Jhabvala, ‘The Soviet-Bloc’s View of the Implementation of the Human Rights Accords’, Human Rights Quarterly, vol. 7, no. 4 (November 1985) pp. 478–9.
Tom Campbell, ‘Introduction: Realising Human Rights’, in Tom Campbell, David Goldberg, Sheila McLean and Tom Mallen (eds), Human Rights: From Rhetoric to Reality (Oxford: Basil Blackwell, 1986) pp. 10–11.
Mohammed Allai Sinaceur, ‘Islamic Tradition and Human Rights’, in Paul Ricoeur (ed.), Philosophical Foundations of Human Rights (Paris: UNESCO, 1986).
David Lane, ‘Human Rights under State Socialism’, Political Studies, vol. XXXII, no. 3 (September 1984) p. 353.
Vladimir Kartashkin, ‘The Socialist Countries and Human Rights’, in Karel Vasak (gen. ed.), The International Dimensions of Human Rights (Paris: UNESCO, 1982; Westpoint, Conn.: Greenwood Press, 1982) vol. 2, pp. 633–4.
The characteristics of the rights and the mode of classification are derived from L. J. Macfariane, The Theory and Practice of Human Rights (London: Maurice Temple Smith, 1985).
See Guy Hermet, ‘State Controlled Elections: A Framework’, in Guy Hermet, Richard Rose and Alain Rouquie (eds), Elections without Choice (London: Macmillan, 1978).
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© 1990 L. J. Macfarlane
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Macfarlane, L.J. (1990). Introduction. In: Human Rights: Realities and Possibilities. Palgrave Macmillan, London. https://doi.org/10.1007/978-1-349-11602-7_1
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