| II. | Substantive International Law - Second Part |
| 9. | HUMAN RIGHTS* |
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Applicability of Article VI, Section 22,
of the Convention on the Privileges and
Immunities of the United Nations,
Advisory Opinion of 15 December 1989
I.C.J. Reports 1989, p. 177
[pp. 210-211 S.O. Evensen] The integrity of a person's family and
family life is a basic human right protected by prevailing principles of
international law which derive not only from conventional international law or
customary international law but from "general principles of law recognized
by civilized nations".
Thus in the Universal Declaration of Human Rights adopted by the United
Nations General Assembly on 10 December 1948 the integrity of family and family
life was laid down as a basic human right in Article 16, paragraph 3, as
follows: "The family is the natural and fundamental group unit of society
and is entitled to protection by society and the State." This principle,
which is a concrete expression of an established principle of human rights in
the modern law of nations, has been similarly expressed in other international
law instruments. Thus the European Convention on Human Rights (the Rome
Convention) of 4 November 1950 provides in Article 8, paragraph 1: "Everyone
has the right to respect for his private and family life, his home and his
correspondence."
* For questions of state succession with regard to human rights treaties
see I 4.2.6.
