INTERNATIONAL HUMAN

RIGHTS LAW

By 1948, the United Nations’ new Human Rights Commission had captured the attention of the world. Under the dynamic chairmanship of Eleanor Roosevelt—President Franklin Roosevelt’s widow, a human rights champion in her own right and the United States delegate to the UN—the Commission set out to draft the document that became the Universal Declaration of Human Rights. Roosevelt, credited with its inspiration, referred to the Declaration as the “international Magna Carta for all mankind.” It was adopted by the United Nations on December 10, 1948.

In its preamble and in Article 1, the Declaration unequivocally proclaims the inherent rights of all human beings: “Disregard and contempt for human rights have resulted in barbarous acts which have outraged the conscience of mankind, and the advent of a world in which human beings shall enjoy freedom of speech and belief and freedom from fear and want has been proclaimed as the highest aspiration of the common people....All human beings are born free and equal in dignity and rights.”

The Member States of the United Nations pledged to work together to promote the thirty Articles of human rights that, for the first time in history, had been assembled and codified into a single document. In consequence, many of these rights, in various forms, are today part of the constitutional laws of democratic nations.

INTERNATIONAL BILL OF HUMAN RIGHTS

The Universal Declaration of Human Rights is an ideal standard held in common by nations around the world, but it bears no force of law. Thus, from 1948 to 1966, the UN Human Rights Commission’s main task was to create a body of international human rights law based on the Declaration, and to establish the mechanisms needed to enforce its implementation and use.

The Human Rights Commission produced two major documents: the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR). Both became international law in 1976. Together with the Universal Declaration of Human Rights, these two covenants comprise what is known as the “International Bill of Human Rights.”

The ICCPR focuses on issues such as the right to life, freedom of speech, religion and voting. The ICESCR focuses on food, education, health and shelter. Both covenants proclaim these rights for all people and forbid discrimination.

Furthermore, Article 26 of the ICCPR established a Human Rights Committee of the United Nations. Composed of eighteen human rights experts, the Committee is responsible for ensuring that each signatory to the ICCPR complies with its terms. The Committee examines reports submitted by countries every five years (to ensure they are in compliance with the ICCPR), and issues findings based on a country’s performance.

Many countries that ratified the ICCPR also agreed that the Human Rights Committee may investigate allegations by individuals and organizations that the State has violated their rights. Before appealing to the Committee, the complainant must exhaust all legal recourse in the courts of that country. After investigation, the Committee publishes the results. These findings have great force. If the Committee upholds the allegations, the State must take measures to remedy the abuse.

SUBSEQUENT UNITED NATIONS HUMAN RIGHTS DOCUMENTS

In addition to the covenants in the International Bill of Human Rights, the United Nations has adopted more than twenty principal treaties further elaborating human rights. These include conventions to prevent and prohibit specific abuses such as torture and genocide and to protect specific vulnerable populations such as refugees (Convention Relating to the Status of Refugees, 1951), women (Convention on the Elimination of All Forms of Discrimination Against Women, 1979), and children (Convention on the Rights of the Child, 1989). Other conventions cover racial discrimination, prevention of genocide, political rights of women,prohibition of slavery and torture.

Each of these treaties has established a committee of experts to monitor implementation of the treaty provisions by its State parties.

EUROPEAN CONVENTION ON HUMAN RIGHTS

The Universal Declaration of Human Rights served as the inspiration for the European Convention on Human Rights, one of the most significant agreements in the European Community. The Convention was adopted in 1953 by the Council of Europe, an intergovernmental organization established in 1949 and composed of forty-seven European Community Member States. This body was formed to strengthen human rights and promote democracy and the rule of law.

The Convention is enforced by the European Court of Human Rights in Strasbourg, France. Any person claiming to be the victim of a violation in one of the forty-seven countries in the European Community which has signed and ratified the Convention, may seek relief with the European Court. One must first have exhausted all recourse in the courts of their home country and have filed an application for relief with the European Court of Human Rights in Strasbourg.

HUMAN RIGHTS INSTRUMENTS FOR THE AMERICAS, AFRICA AND ASIA

In North and South America, Africa and Asia, regional documents for the protection and promotion of human rights extend the International Bill of Human Rights.

The American Convention on Human Rights pertains to the inter-American states—the Americas—and was entered into force in 1978.

African states have created their own Charter of Human and People’s Rights (1981), and Muslim states have created the Cairo Declaration on Human Rights in Islam (1990).

The Asian Human Rights Charter (1986) was created by the Asian Human Rights Commission, founded that year by a group of jurists and human rights activists in Hong Kong. The Charter is described as a “people’s charter,” because no governmental charter has been issued to date.

THE BACKGROUND OF HUMAN RIGHTS

LOOK IN TO THE BACKGROUND 

Originally, people had rights only because of their membership in a group, such as a family. Then, in 539 BC, Cyrus the Great, after conquering the city of Babylon, did something totally unexpected—he freed all slaves to return home. Moreover, he declared people should choose their own religion. The Cyrus Cylinder, a clay tablet containing his statements, is the first human rights declaration in history.

The idea of human rights spread quickly to India, Greece and eventually Rome. The most important advances since then have included:

1215: The Magna Carta—gave people new rights and made the king subject to the law.

1628: The Petition of Right—set out the rights of the people.

1776: The United States Declaration of Independence—proclaimed the right to life, liberty and the pursuit of happiness.

1789: The Declaration of the Rights of Man and of the Citizen—a document of France, stating that all citizens are equal under the law.

1948: The Universal Declaration of Human Rights—the first document listing the 30 rights to which everyone is entitled.

THE UNIVERSAL DECLARATION

Introduction

The United Nations (UN) came into being in 1945, shortly after the end of World War II.

The stated purpose of the UN is to bring peace to all nations of the world. After World War II, a committee of persons headed by Mrs. Eleanor Roosevelt, the wife of US President Franklin D. Roosevelt, wrote a special document which “declares” the rights that everyone in the entire world should have—the Universal Declaration of Human Rights. Today there are 192 member states of the UN, all of whom have signed on in agreement with the Universal Declaration of Human Rights.

Where Do Universal Rights Begin?

"In small places, close to home—so close and so small that they cannot be seen on any maps of the world. Yet they are the world of the individual person; the neighborhood he lives in; the school or college he attends; the factory, farm or office where he works. Such are the places where every man, woman, and child seeks equal justice, equal opportunity, equal dignity without discrimination. Unless these rights have meaning there, they have little meaning anywhere. Without concerted citizen action to uphold them close to home, we shall look in vain for progress in the larger world."

—Eleanor Roosevelt, 

wife of US President Franklin D. Roosevelt, and Chair of the United Nations Commission that wrote the Universal Declaration of Human Rights in 1948.

THE OFFICIAL DOCUMENT 

PREAMBLE

Whereas recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world,

Whereas disregard and contempt for human rights have resulted in barbarous acts which have outraged the conscience of mankind, and the advent of a world in which human beings shall enjoy freedom of speech and belief and freedom from fear and want has been proclaimed as the highest aspiration of the common people,

Whereas it is essential, if man is not to be compelled to have recourse, as a last resort, to rebellion against tyranny and oppression, that human rights should be protected by the rule of law,

Whereas it is essential to promote the development of friendly relations between nations,

Whereas the peoples of the United Nations have in the Charter reaffirmed their faith in fundamental human rights, in the dignity and worth of the human person and in the equal rights of men and women and have determined to promote social progress and better standards of life in larger freedom,

Whereas Member States have pledged themselves to achieve, in cooperation with the United Nations, the promotion of universal respect for and observance of human rights and fundamental freedoms,

Whereas a common understanding of these rights and freedoms is of the greatest importance for the full realization of this pledge,

Now, therefore,

The General Assembly,

Proclaims this Universal Declaration of Human Rights as a common standard of achievement for all peoples and all nations, to the end that every individual and every organ of society, keeping this Declaration constantly in mind, shall strive by teaching and education to promote respect for these rights and freedoms and by progressive measures, national and international, to secure their universal and effective recognition and observance, both among the peoples of Member States themselves and among the peoples of territories under their jurisdiction.

Article 1.

All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood.

Article 2.

Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.

Furthermore, no distinction shall be made on the basis of the political, jurisdictional or international status of the country or territory to which a person belongs, whether it be independent, trust, non-self-governing or under any other limitation of sovereignty.

Article 3.

Everyone has the right to life, liberty and security of person.

Article 4.

No one shall be held in slavery or servitude; slavery and the slave trade shall be prohibited in all their forms.

Article 5.

No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.

Article 6.

Everyone has the right to recognition everywhere as a person before the law.

Article 7.

All are equal before the law and are entitled without any discrimination to equal protection of the law. All are entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination.

Article 8.

Everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the constitution or by law.

Article 9.

No one shall be subjected to arbitrary arrest, detention or exile.

Article 10.

Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of his rights and obligations and of any criminal charge against him.

Article 11.

1. Everyone charged with a penal offence has the right to be presumed innocent until proved guilty according to law in a public trial at which he has had all the guarantees necessary for his defence.
2. No one shall be held guilty of any penal offence on account of any act or omission which did not constitute a penal offence, under national or international law, at the time when it was committed. Nor shall a heavier penalty be imposed than the one that was applicable at the time the penal offence was committed.

Article 12.

No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honour and reputation. Everyone has the right to the protection of the law against such interference or attacks.

Article 13.

1. Everyone has the right to freedom of movement and residence within the borders of each State.
2. Everyone has the right to leave any country, including his own, and to return to his country.

Article 14.

1. Everyone has the right to seek and to enjoy in other countries asylum from persecution.
2. This right may not be invoked in the case of prosecutions genuinely arising from nonpolitical crimes or from acts contrary to the purposes and principles of the United Nations.

Article 15.

1. Everyone has the right to a nationality.
2. No one shall be arbitrarily deprived of his nationality nor denied the right to change his nationality.

Article 16.

1. Men and women of full age, without any limitation due to race, nationality or religion, have the right to marry and to found a family. They are entitled to equal rights as to marriage, during marriage and at its dissolution.
2. Marriage shall be entered into only with the free and full consent of the intending spouses.
3. The family is the natural and fundamental group unit of society and is entitled to protection by society and the State.

Article 17.

1. Everyone has the right to own property alone as well as in association with others.
2. No one shall be arbitrarily deprived of his property.

Article 18.

Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship and observance.

Article 19.

Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.

Article 20.

1. Everyone has the right to freedom of peaceful assembly and association.
2. No one may be compelled to belong to an association.

Article 21.

1. Everyone has the right to take part in the government of his country, directly or through freely chosen representatives.
2. Everyone has the right to equal access to public service in his country.
3. The will of the people shall be the basis of the authority of government; this will shall be expressed in periodic and genuine elections which shall be by universal and equal suffrage and shall be held by secret vote or by equivalent free voting procedures.

Article 22.

Everyone, as a member of society, has the right to social security and is entitled to realization, through national effort and international co-operation and in accordance with the organization and resources of each State, of the economic, social and cultural rights indispensable for his dignity and the free development of his personality.

Article 23.

1. Everyone has the right to work, to free choice of employment, to just and favourable conditions of work and to protection against unemployment.
2. Everyone, without any discrimination, has the right to equal pay for equal work.
3. Everyone who works has the right to just and favourable remuneration ensuring for himself and his family an existence worthy of human dignity, and supplemented, if necessary, by other means of social protection.
4. Everyone has the right to form and to join trade unions for the protection of his interests.

Article 24.

Everyone has the right to rest and leisure, including reasonable limitation of working hours and periodic holidays with pay.

Article 25.

1. Everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control.
2. Motherhood and childhood are entitled to special care and assistance. All children, whether born in or out of wedlock, shall enjoy the same social protection.

Article 26.

1. Everyone has the right to education. Education shall be free, at least in the elementary and fundamental stages. Elementary education shall be compulsory. Technical and professional education shall be made generally available and higher education shall be equally accessible to all on the basis of merit.
2. Education shall be directed to the full development of the human personality and to the strengthening of respect for human rights and fundamental freedoms. It shall promote understanding, tolerance and friendship among all nations, racial or religious groups, and shall further the activities of the United Nations for the maintenance of peace.
3. Parents have a prior right to choose the kind of education that shall be given to their children.

Article 27.

1. Everyone has the right freely to participate in the cultural life of the community, to enjoy the arts and to share in scientific advancement and its benefits.
2. Everyone has the right to the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he is the author.

Article 28.

Everyone is entitled to a social and international order in which the rights and freedoms set forth in this Declaration can be fully realized.

Article 29.

1. Everyone has duties to the community in which alone the free and full development of his personality is possible.
2. In the exercise of his rights and freedoms, everyone shall be subject only to such limitations as are determined by law solely for the purpose of securing due recognition and respect for the rights and freedoms of others and of meeting the just requirements of morality, public order and the general welfare in a democratic society.
3. These rights and freedoms may in no case be exercised contrary to the purposes and principles of the United Nations.

Article 30.

Nothing in this Declaration may be interpreted as implying for any State, group or person any right to engage in any activity or to perform any act aimed at the destruction of any of the rights and freedoms set forth herein.

WHAT ARE HUMAN RIGHTS

HUMAN RIGHTS ARE DEFINED 

While some dictionaries define the word right as “a privilege,” when used in the context of “human rights,” we are talking about something more basic.*

Every person is entitled to certain fundamental rights, simply by the fact of being human. These are called “human rights” rather than a privilege (which can be taken away at someone’s whim).

They are “rights” because they are things you are allowed to be, to do or to have. These rights are there for your protection against people who might want to harm or hurt you. They are also there to help us get along with each other and live in peace.

Many people know something about their rights. Generally they know they have the right to food and a safe place to stay. They know they have a right to be paid for the work they do. But there are many other rights.

When human rights are not well known by people, abuses such as discrimination, intolerance, injustice, oppression and slavery can arise.

Born out of the atrocities and enormous loss of life during World War II, the United Nations Universal Declaration of Human Rights was signed in 1948 to provide a common understanding of what everyone’s rights are. It forms the basis for a world built on freedom, justice and peace.

UNIVERSAL DECLARATION OF HUMAN RIGHTS 

Simplified Version
This simplified version of the 30 Articles of the Universal Declaration of Human Rights has been created especially for young people.

1. We Are All Born Free & Equal. We are all born free. We all have our own thoughts and ideas. We should all be treated in the same way.

2. Don’t Discriminate. These rights belong to everybody, whatever our differences.

3. The Right to Life. We all have the right to life, and to live in freedom and safety.

4. No Slavery. Nobody has any right to make us a slave. We cannot make anyone our slave.

5. No Torture. Nobody has any right to hurt us or to torture us.

6. You Have Rights No Matter Where You Go. I am a person just like you!

7. We’re All Equal Before the Law. The law is the same for everyone. It must treat us all fairly.

8. Your Human Rights Are Protected by Law. We can all ask for the law to help us when we are not treated fairly.

9. No Unfair Detainment. Nobody has the right to put us in prison without good reason and keep us there, or to send us away from our country.

10. The Right to Trial. If we are put on trial this should be in public. The people who try us should not let anyone tell them what to do.

11. We’re Always Innocent Till Proven Guilty. Nobody should be blamed for doing something until it is proven. When people say we did a bad thing we have the right to show it is not true.

12. The Right to Privacy. Nobody should try to harm our good name. Nobody has the right to come into our home, open our letters, or bother us or our family without a good reason.

13. Freedom to Move. We all have the right to go where we want in our own country and to travel as we wish.

14. The Right to Seek a Safe Place to Live. If we are frightened of being badly treated in our own country, we all have the right to run away to another country to be safe.

15. Right to a Nationality. We all have the right to belong to a country.

16. Marriage and Family. Every grown-up has the right to marry and have a family if they want to. Men and women have the same rights when they are married, and when they are separated.

17. The Right to Your Own Things. Everyone has the right to own things or share them. Nobody should take our things from us without a good reason.

18. Freedom of Thought. We all have the right to believe in what we want to believe, to have a religion, or to change it if we want.

19. Freedom of Expression. We all have the right to make up our own minds, to think what we like, to say what we think, and to share our ideas with other people.

20. The Right to Public Assembly. We all have the right to meet our friends and to work together in peace to defend our rights. Nobody can make us join a group if we don’t want to.

21. The Right to Democracy. We all have the right to take part in the government of our country. Every grown-up should be allowed to choose their own leaders.

22. Social Security. We all have the right to affordable housing, medicine, education, and childcare, enough money to live on and medical help if we are ill or old.

23. Workers’ Rights. Every grown-up has the right to do a job, to a fair wage for their work, and to join a trade union.

24. The Right to Play. We all have the right to rest from work and to relax.

25. Food and Shelter for All. We all have the right to a good life. Mothers and children, people who are old, unemployed or disabled, and all people have the right to be cared for.

26. The Right to Education. Education is a right. Primary school should be free. We should learn about the United Nations and how to get on with others. Our parents can choose what we learn.

27. Copyright. Copyright is a special law that protects one’s own artistic creations and writings; others cannot make copies without permission. We all have the right to our own way of life and to enjoy the good things that art, science and learning bring.

28. A Fair and Free World. There must be proper order so we can all enjoy rights and freedoms in our own country and all over the world.

29. Responsibility. We have a duty to other people, and we should protect their rights and freedoms.

30. No One Can Take Away Your Human Rights.