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December 10 2013; International Human Rights Day PDF Print E-mail
Justice News
Posted by Joan Russow
Tuesday, 10 December 2013 15:21

   BY Joan Russow PhD Global Compliance Research

 

December 12, 1948 in Paris: the UN general assembly adopts the Universal Declaration of Human Rights.
December 12, 1948 in Paris: the UN general assembly adopts the Universal Declaration of Human Rights. Photograph: STF/AFP/Getty Images

 

Since the 1948 UNDHR, many rights have ­been recognized in  legally binding Covenants and conventions, or adopted in Declarations,Resolutions and Conference Action Plans, however there has been little real progress.  The Issue is that many states failed to sign human rights instruments , if they sign, they fail to ratify them , if they ratify them, they Fail to enact the necessary legislation to ensure compliance and discharge their obligations.  Similarly, if states made commitments in Declarations, Resolutions or Conference Action Plans, many states dismiss them as being only aspirational

 

Enclosed  a list of international instruments to ensure rights. And the text of the 1948 Declaration  on Human Rights

 

 

A list of international instruments to ensure rights.

INTERNATIONAL INSTRUMENTS THAT SHOULD BE RATIFIED AND COMPLIED WITH TO ENSURE INTERNATIONAL CIVIL AND POLITICAL RIGHTS; INTERNATIONAL SOCIAL, ECONOMIC AND CULTURAL RIGHTS- INCLUDING THE RIGHT TO FOOD, THE RIGHT TO HOUSING, RIGHT TO UNIVERSALLY ACCESSIBLE NOT FOR PROFIT HEALTH CARE,RIGHT TO EDUCATION; HUMAN RIGHT TO WATER AND SEWAGE TREATMENT;LABOUR RIGHTS; ECOLOGICAL RIGHTS-RIGHT TO A SAFE ENVIRFONMENT AND RIGHT TO ECOLOGICAL HERITAGE; EARTH RIGHTS: RIGHTS OF FUTURE GENERATIONS; RIGHTS OF MIGRANT WORKERS;REFUGEES RIGHTS; INDIGENOUS RIGHTS; GENDER RIGHTS; HUMAN RIGHT TO PEACE.  ETC

 

For a more extensive list of instruments see

 http://www.pejnews.com/index.php?option=com_content&view=article&id=8713

I  To ratify the Vienna Convention on the Law of Treaties

2 To recognize the jurisdiction of the International Court

3.To abide by the Convention Against Torture

4.To abide by the Geneva protocols on prohibited weapons

5. To sign and ratify the Convention for the Banning of Land Mines

6 To sign and ratify all Geneva Protocols, including Protocol V, which requires the removal of remnants of war

7 To ratify the Comprehensive Test ban Treaty

8.To ratify the Arms trade Treaty

9 To invoke the precautionary principle, which appears in the Rio Declaration, the UN Framework Convention on Climate Change and the Convention on Biological Diversity, as a general and enforceable principle of law

10.To ratify the Convention on Biological Diversity

11 To ratify the Kyoto Protocol

12 To ratify the Convention on Desertification

13 To ratify the Ramsar Convention

14 To ratify the Law of the Sea and its agreements

15 To ratify the international Convention for the Elimination of all Forms 

of Discrimination Against Women and its protocol

16 To ratify the Convention on Refugees

17 To ratify the Convention on the Elimination of Racism



­­­Universal Declaration of Human Rights

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 non-political 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 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.

INTERNATIONAL INSTRUMENTS THAT SHOULD BE RATIFIED AND COMPLIED WITH TO ENSURE INTERNATIONAL CIVIL AND POLITICAL RIGHTS; INTERNATIONAL SOCIAL, ECONOMIC AND CULTURAL RIGHTS- INCLUDING THE RIGHT TO FOOD, THE RIGHT TO HOUSING, HUMAN RIGHT TO WATER AND SEWAGE TREATMENT;LABOUR RIGHTS; ECOLOGICAL RIGHTS-RIGHT TO A SAFE ENVIRFONMENT AND RIGHT TO ECOLOGICAL HERITAGE; EARTH RIGHTS: RIGHTS OF FUTURE GENERATIONS; RIFGHTS OF MIGRANT WORKERS;REFUGEES RIGHTS; INDIGENOUS RIGHTS; GENDER RIGHTS; HUMAN RIGHT TO PEACE.  ETC

 

 

I  To ratify the Vienna Convention on the Law of Treaties

2 To recognize the jurisdiction of the International Court

3.To abide by the Convention Against Torture

4.To abide by the Geneva protocols on prohibited weapons

5. To sign and ratify the Convention for the Banning of Land Mines

6 To sign and ratify all Geneva Protocols, including Protocol V, which requires the removal of remnants of war

7 To ratify the Comprehensive Test ban Treaty

8.To ratify the Arms trade Treaty

9 To invoke the precautionary principle, which appears in the Rio Declaration, the UN Framework Convention on Climate Change and the Convention on Biological Diversity, as a general and enforceable principle of law

10.To ratify the Convention on Biological Diversity

11 To ratify the Kyoto Protocol

12 To ratify the Convention on Desertification

13 To ratify the Ramsar Convention

14 To ratify the Law of the Sea and its agreements

15 To ratify the international Convention for the Elimination of all Forms 

of Discrimination Against Women and its protocol

16 To ratify the Convention on Refugees

17 To ratify the Convention on the Elimination of Racism

18 To abide by the Declaration on the Rights of Indigenous Peoples

19 To ratify the Convention on the rights of migrant Workers and their families

20.To ratify the Convention on the Rights of the Child 

21.To ratify the International Covenant of Social economic, and Cultural Rights

22.To ratify the Optional Protocols of the International Covenant on Civil and Political Rights 

23,To ratify ILO Conventions

And to enact the necessary legislation to ensure compliance

 


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Last Updated on Tuesday, 10 December 2013 21:45
 

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