National Implementation of Human Rights A Study into Practice and Procedure of Human Rights Court in Varanasi

Abstract

National implementation of human rights is matter of deep concern in every part of the world. The development of human rights from the stage of idealization to positivization has finally come to a stage where realization of human rights is now of great concern. It was perhaps this realism in the mind, of the framers of the UN Charter that the idea of promotion of human rights and fundamental freedoms got serious consideration in the voculabory of the United Nations. Beginning with the preamble to Article 76 of the UN Charter, the same idea has carried forward with the length and breadth of the role of the General Assembly, Economic and Social Council as well as that of the Trusteeship Council of the United Nations. newlineIt has been, however, a subject of debate among the human rights experts and scholars of international law whether the United Nations has to seek only promotion of human rights which does not include the protection of human rights; On the other hand, certain scholars have stood for a broader interpretation of the term promotion , and they are of the opinion that promotion also includes the measures of protection . According to them, a promotion of human rights cannot be possible unless they are protected. An interpretation of Article 55 and 56 of the United Nations charter gives further strength to the later interpretation where it is stated that states were required to promote human rights and fundamental freedoms independently and jointly with other states. This has opened the way for international protection of human rights, finding expression in the Charter-based regime of Human Rights Commission, Human Rights Council and the UN Office of the High Commissioner for Human Rights and also in the treaty based regime of the Human Rights Committee, Committee on Economic, Social and Cultural Rights, and other similar bodies.