جدلية الدور الأممي في حماية حقوق الإنسان : الشرعة الدولية لحقوق الإنسان

Abstract EN

Since the UN declaration of human rights had been drafted and declared in 1948, the philosophical and legal content of the universal concept of the human right has been subject to vast debate.

As both legal and philosophic notions have never corresponded to neither universal, no rcommon content of these rights.

The declaration masked a dialectical status that is apparently philosophical and intellectual but, internally political and Machiavellian.

In short, the declaration imported failure between the lines.

That notion of human rights has recently been facing a major dialectic that lies in generalizing its conceptual and philosophical significance, to become of a proper occidental orientation.

Little debate arose when the notion was limited to cultural and social diversity, but later expanded when philosophical significance of the right was enhanced through legal support so the occidental orientation gained legitimacy, thus, penalty to violators was approved.

The situation goes beyond noncommittal moral dimension, despite of importance, to a committal legal one, imposing a specific philosophic aspect that claims internationalism that we are to accept only because it represents the logic of the dominant.

Complexity increased after this thought was covered legally by the topmost organization that is in charge of Human Rights protection, referring here to the United Nations.

A specific philosophy was spread through UN tools, ranging from intellectual oppression to actual coercion, in terms of implementing what is titled: “The International Bill of Human Rights”, an area where opposing intellect is not only considered denial to human rights but even aggressive, and necessitates penalty.

In this respect, this research represents the dialectic of the UN role in the protection of human right sthrough two parts: the first one investigates the intellectual context of the UN bill of human rights, while the second handles the echoes of that intellect and the consequences thereof.