UN charter is the most important document for this world; it reflects the aims and aspiration of all peace loving people of the world. The charter is like the bible. It prescribed most of the important unilateral, bilateral and multilateral issues of the world. As Human rights is the prime words to maintain dignity, value and equal rights of all people, the charter in its preamble and article 1(3),13(1)B,55(C),62(2),62,68 and 76(c) mentioned about fundamental human rights in a very precise manner. But though it’s the apex treaty for the world community but the treaty has not mentioned all fundamental human rights dignity and value issues in detail. To confirm full pledge implementation of human rights under the same umbrella of UN, the UN incorporated the Universal Declaration of Human Rights (UDHR) in 1948. The Universal Declaration of Human Rights (UDHR) is the first uniform document on human rights which drafted by the UN commission on Human Rights. But the problem is that the document is in declaratory nature which has no legal and mandatory obligation upon the states. But the declaration has achieved the status of authentic interpretation of UN charter. The arguments on the point are given below. The main arguments to say UDHR as the interpretation of UN charter are like as follows
Authoritative Interpretations of UN charter:
The UN charter contains the term “fundamental human right” in many times. But there has no definition or clarification of the term human rights. It is UDHR which mentioned that the notions of “fundamental human right. Most of the eminent legal scholars including Professor Rane Cassin said that the Declaration is the authoritative interpretation of UN charter.
UDHR itself a customary international law:
Most of the Articles of UDHR achieved the status of customary international law. The rights recognized by the UDHR have attained and satisfies the essential conditions to become part of customary international law. Because
Firstly:
UDHR was adopted in 1948 as non-binding document. Later based on it, the ICCPR and ICESCR enacted by the UN to confirm the standard of Human Rights
Secondly:
UDHR was adopted by almost majority state representatives were present in the conference and unanimously voted in favor of this declaration.
Thirdly:
Since, there has no other document as creating sense of compulsion on state and individual. This Declaration has been transformed in a number of constitutions and international treaties.
The issues of rights of liberty, equality and fraternity under UDHR are strengthening by UN charter.
The declaration consists of 30 Articles are just like the explanation of UN Charter. At the same time UDHR transformed in many international and national human rights treaties. It provides a comprehensive set of Civil and Political Rights as well as Economic, social and cultural rights.
It just as an explanation of preamble of UN charter where prescribed about fundamental human rights for all people and its protection after catastrophe of two world wars.In article 1(3), 13(1)B, 55(C),62(2),62and 68 of UN Charter mentioned the same economic, social, cultural and humanitarian rights, dignity and value for all with non discrimination. That’s the UN charter itself is called an instrument for protection, institutionalization and protection mechanisms of Human rights like the same as these mentioned in the Declaration(UDHR) are very fundamental and essential to an individual human being to protect right to equality, right to life, fair trail, to social security, to work and right to education.
