Reflection On The United Nations

Reflection on the United Nations

“The United Nations Organization (UN) was founded on October 24, 1945 in the city of San Francisco (California) by 55 countries at the end of World War II, this with the firm of the United Nations Charter signed the signed by the June 26 of that same year ”2. It was created following the need to maintain a balance in the international order after the First and Second World War. The UN objectives are: maintain world peace and security, promote sustainable development of nations, promote human and labor rights, distribute humanitarian aid and defend international law. However, the UN has received many criticisms throughout history, among the main ones are its arbitrariness, excessive pacifism and its lack of action in situations of international gravity; among which a brief analysis will be done from the human rights approach.

The United Nations Organization is that legal entity responsible for guaranteeing a series of principles (enshrined in the United Nations Charter) worldwide; However, today its reputation is involved in disbelief due to multiple economic and ethical scandals. The latter makes me question about the veracity of the implementation of law in this organization. To do this, I would like to bring up an example, perhaps repetitive for many, but a reality that has been lived over the years.

“Saudi Arabia, a country recognized by many for its great luxuries; It is an Averno for Women’s Rights ". Human rights activists denounce that the situation is very serious.

You see this case: "A 19 -year -old was raped by 7 men, instead of being helped with 200 lashes and 6 months in jail, this with the argument that she was the culprit that they rape her" 3. The outrageous thing is that, this country being a member of the UN since October 24, 1945 does not have any control about these wicked cases; "On the contrary, the irony is presented that it has certain privileges as permission to lead a human rights panel at the UN" 4.

Taking into account the previous ones, we can place in question the veracity of the foundation of human rights proposed by the Charter of the United Nations, from the position of legal positivism, which dictates that “human rights exist to the extent to the extent that are collected in a legal norm " . So why the UN has not made any pronouncement in this regard, taking into account that “Article 1 of the United Nations Charter says that the organization and its members must proceed in accordance with purposes consigned in this” 5?, Is certain type of law prevail in these situations in these situations? From my point of view, I would have the presumption that more than positive law, in these cases the iusnaturalist law is applied, since, according to Miguel Carbonell6, from this perspective the international treaties what they do is recognize the rights, but not grant them. Perhaps, the population of this country in Western Asia knows that it has a series of rights, but as long as they are not respected, they will not be able to do anything about it.

Finally I can say that, from my perspective, I agree with Carbonello when he says that, without the existence of struggle on the part of humanity, human rights cannot be incorporated into the legal norm, since the dissatisfaction of the people is the torment of the State. By this I mean that until we do something about it, we cannot pretend that positive law is applied on its own.

On the other hand, the reflection that I would like to capture is that, although we have all the tools to “enforce our rights”, as would be the positive law, these are worthless if all those instruments we have as the UN, They do not take the task of fairly performing their work. The fact of guaranteeing human rights and making them a reality is an issue that can be observed from different positions. What would be mine? Well, I can say that it is worth having guarantees embodied in a piece of paper if you do not have the will to comply with all those nations that decide to adopt them.

Infographic

1. Palo syrup – depends. [Cited: August 15, 2019]. (Available at: https: // www.a.org/es/sections/un-charter/introductory-note/index.html).
2. “United Nations, Introduction Note”, [online], [cited: August 15, 2019]. (Available at: https: // www.a.org/es/sections/un-charter/introductory-note/index.html).
3. "The Guardian, Rape Victim sentence to 200 Lashes and Six Months in Jail", [online], [cited: August 15, 2019]. (Available at: https: // www.Theguardian.com/World/2007/Nov/17/Saudiarabia.International)
4. "Independent, One of the World’s Worsst Human Rights Offenders is on a Top a Human Rights Panel – Here’s Why (September 29, 2015)". , [Online], [cited: August 15, 2019]. (Available at: https: // www.Independent.co.uk/news/world/midday-anast/one -O-of-the -world-w-jum A6671676.html)
5. “United Nations, Chapter I: purposes and principles”, [online], [cited: August 15, 2019]. (Available at: https: // www.a.org/es/sections/un-charter/chapter-i/index.html)
6. Carbonell, Miguel. "The iusnaturalist origin of the idea of ​​human rights". [Online], [cited: August 15, 2019]. (Available at: https: // www.Youtube.com/watch?V = Clha1k7pxhu)
7. Carbonell, Miguel. "Human rights in legal positivism". [Online], [cited: August 15, 2019]. (Available at: https: // www.Youtube.com/watch?v = j0gum2sus7g & t = 153s)