Universal Duty to Respect Human Rights (Draft Resolution)
The Universal Duty to Respect Human Rights and Fundamental Freedoms
Draft Resolution
The Human Rights Commission,
Reaffirming its faith in fundamental human rights, in the dignity and worth of the human person and in the equal rights of men and women and of nations large and small;
Recalling that, in accordance with Article 55 of the Charter of the United Nations, the Organization shall promote universal respect for, and observance of, human rights and fundamental freedoms for all without distinction as to race, sex, language, or religion, and that, in accordance with Article 56, all Members pledge themselves to take join and separate action in cooperation with the Organization for the achievement of the purposes set forth in Article 55;
Noting the Declaration on the Right to Development adopted by the General Assembly in its resolution 41/128 of 4 December 1986 and the need for States to take full account of all the principles recognized therein;
Convinced that in order to save succeeding generations from the scourge of war, the United Nations must never lose sight of the inalienable rights of every human person to a life in dignity and respect;
Recognizing that even in situations of international or internal armed conflict, civilians as well as combatants remain under the protection and authority of the principles of international law derived from established custom, from the principles of humanity and from the dictates of public conscience;
Affirming that the conventional prohibition of collective punishment and of starvation as a method of warfare, applicable to situations of armed conflict, apply, mutatis mutandi, to all situations, including non-military measures envisaged under Chapter VII of the Charter of the United Nations;
Recalling that in discharging its duties the Security Council shall act in accordance with the Purposes and Principles of the United Nations, including the duty to take full consideration of the effects of its decisions on the enjoyment of human rights and fundamental freedoms;
Emphasizing the special, non-reciprocal, nature of the obligations of States towards the human person with respect of human rights, which require the establishment of effective safeguards against arbitrary rule and abuse of power;
Recalling the universal recognition of the right of every person, without any discrimination, to equal protection of the law, including the right to an effective remedy by competent judicial authorities for acts violating that person’s fundamental human rights;
Affirming the obligation of the United Nations and its Members to take full account of human rights and fundamental freedoms in designing and implementing measures for the maintenance of international peace and security;
Concerned about the adverse consequences for human rights and fundamental freedoms that may ensue from coercive measures pursued under Chapter VII of the United Nations Charter;
Desirous to enhance the legitimacy, credibility and authority of the United Nations Organization by ensuring its respect, in all circumstances, of human rights norms;
1. Reaffirms the obligation of the United Nations and its Members to develop friendly relations among nations based on respect for the principle of equal rights and self-determination of peoples, and promote and encourage respect for human rights and for fundamental freedoms for all;
2. Affirms that a primary aim of international cooperation in the field of human rights is a life of freedom, dignity and peace for all peoples and for every human being, that human rights and fundamental freedoms are indivisible and interrelated and that the promotion and protection of one category of rights should never exempt States and international organisations from the duty of respecting and protecting all other rights;
3. Emphasizes that the obligation to respect human rights and fundamental freedoms extends to every human being by virtue of his/her inherent humanity;
4. Urges all States, acting alone or within international organisations, to refrain from acts and policies, including recommendations, inducements and pressure, that would impair the capacity of any Government to fulfil its human rights obligations within its own jurisdiction;
5. Urges every State to provide effective access to, and remedy by, competent judicial authorities to any person, regardless of nationality and residence, on equal footing, for acts attributed to that State, its public officials or its nationals, in violation of that person’s fundamental human rights;
6. Urgently appeals on the Members of the Security Council to develop binding guidelines on human rights to be used for the implementation of Security Council authorized measures for the maintenance of international peace and security
7. Invites the special rapporteurs of the Commission to give due consideration to the provisions of the present resolution;
8. Requests that the International Law Commission include, in its consideration of the Draft on State Responsibility, the universal obligation to respect human rights and fundamental freedoms, regardless of jurisdiction, and the consequences of extraterritorial violations of such obligations on state responsibility;
9. Requests the Secretary-General to report to the Commission on the implementation of the present resolution.