Since its creation in 1945, the United Nations has overseen the codification of human rights in a major effort to move them from the realm of ethical guidelines to that of binding law.

Although the Universal Declaration of Human Rights is a resolution and is not legally binding, its main principles have acquired over the years the status of standards that should be respected by all Member States. It is nevertheless binding for those States who have incorporated its provisions in their constitutions. The Universal Declaration is the central element of the Charter of Human Rights, which is legally binding. It has also inspired more than 60 international treaties that compose a comprehensive body of international law and human rights legislation.

Once the Universal Declaration of Human Rights was adopted (December 10 1948), the Commission on Human Rights, the primary human rights intergovernmental body within the United Nations, set out to translate its principles into international treaties protecting specific rights. Given the unprecedented nature of the task, the General Assembly decided to draft two Covenants codifying the two sets of rights outlined in the Universal Declaration: Civil and Political Rights, and Economic, Social and Cultural Rights. The General Assembly was in favour of the explicit recognition of equality between men and women for every right mentioned in the covenants.

 FROM CIVIL TO ECONOMIC RIGHTS

The Member States debated the individual provisions for two decades, seeking to give explicit endorsement to the universal nature of human rights only implicitly referred to in the Universal Declaration, such as the right of all peoples to self-determination, as well as reference to certain vulnerable groups, such as indigenous people and minorities.

Consensus was reached on the December 16 1966, when the United Nations General Assembly adopted the International Covenant on Economic, Social and Cultural Rights and the International Covenant on Civil and Political Rights. The preambles and articles 1, 2, 3, and 5 are virtually identical in both International Covenants. The adoption of these two Covenants legally enforced the General Assembly's 1950 resolution, which stated that "the enjoyment of civil and political rights and economic, social and cultural rights are interconnected and interdependent".

When they entered into force in 1976, the two International Covenants made many provisions of the Universal Declaration effectively binding for States that ratified them. These two International Covenants, together with the Universal Declaration and the Optional Protocols, comprise the International Bill of Human Rights.

 A MANIFESTATION OF THE IDEOLOGICAL DEBATES OF THE COLD WAR

TThe two Covenants are a clear manifestation of the ideological debates of the time. The Western countries insisted on freedom, while the eastern countries insisted on economic and social rights. They were adopted simultaneously thanks to a consensus between all the United Nations Member States, which recognised both approaches.

Some rights had to be voluntarily omitted in both covenants in order to reach consensus. For example, the right to own property (article 17 of the Universal Declaration), the right to seek and enjoy asylum (art. 14, §1), and the right to a nationality (art. 15) were left out. Article 1 of each Covenant affirms that all peoples have the right to self-determination and that by virtue of this right, they are free to determine their political status and to pursue their economic, social and cultural development. After the Covenants were adopted, this article allowed the independence of many Third World States in the late 60's and 70's. Attention should be paid to the fact that self-determination is a right given to peoples and not to the person, a debatable concept which highlights the difficulty of defining a people in international law.

 THE INTERNATIONAL BILL : COVENANTS AND OPTIONAL PROTOCOLS

The International Covenant on Civil and Political Rights was adopted in December 1966 by the United Nations General Assembly and entered into force in March 1976 after 35 Member States had ratified it.

This Covenant elaborates on the political and civil rights identified in the Universal Declaration. Included are the rights to life (art.6), to freedom and security (art. 9-1), and the respect of privacy (art. 17). It prohibits torture and cruel, inhuman or degrading treatments (art. 7). It recognises freedom of thought, conscience and religion (art. 18), of pacific reunion (art. 21), of association including the right to form trade-unions (art. 22), and of movement. It also proclaims the cultural rights of ethnic minorities (art. 27).

Article 28 of the Covenant provides for the establishment of a Human Rights Committee consisting of eighteen independent experts, nominated and elected by States Parties to the Covenant, who serve in their personal capacities, which means that they are not acting on behalf of their State. The Human Rights Committee monitors the implementation of the Covenant in a number of ways. It examines reports from States parties to the Covenant to verify if they comply to its provisions. It can consider complaints of one State against another, provided that both have made a special declaration recognising its purpose. The Committee can also receive complaints from individuals alleging violations of their rights under the Covenant, provided that the State concerned has ratified this Optional Protocol.

One hundred and forty-four States have ratified this Covenant (the USA have not signed either of the Covenants, while the USSR had signed them but had not voted for the Universal Declaration). However, the declaration relative to Article 41 of the Covenant, which establishes the competence of the Committee on Human Rights, (entry into force 1979) has only been ratified by 45 States.

The International Covenant on Economic, Social and Cultural Rights was adopted in December 1966 by the United Nations General Assembly and entered into force in January 1975 after 35 Member States had ratified it.

The Covenant imposes on States parties to promote the well-being of their citizens (art. 4), and the rights to work and professional training (art. 6), to form and join trade unions (art. 8), to social security (art. 9), to health (art. 12) and to education (art. 13). One hundred and forty-one States have ratified this Covenant.

The body which oversees the implementation of the Covenant is the Committee on Economic, Social and Cultural Rights, which was established by ECOSOC in 1985. It is composed of eighteen independent experts nominated and elected by States parties to the Covenant, who serve in their personal capacities. It examines periodic reports submitted by States parties, but there is no procedure allowing for individual or inter-State complaints. One hundred and forty-one States have ratified this Covenant.

A first Optional Protocol of the Covenant on Civil and Political Rights was adopted in December 1966, and entered into force in March 1976. It provides for a complaint procedure whereby individuals alleging violations of their rights under the Covenant may approach the Committee. Ninety-five States have ratified this Optional Protocol.

A second Optional Protocol of the same Covenant was adopted by the United Nations General Assembly in December 1989, and entered into force in July 1991. Thirty-six States have ratified this second Covenant advocating the abolition of the death penalty.