HUMAN RIGHTS DAY
G'day folks,
Welcome to Human Rights Day which is celebrated on this day every year. Having been a campaigner for Human rights for a long time, many people have asked me, 'What are Human Rights?' Today's post might help to answer that.
What are human rights?
Human
rights are rights inherent to all human beings, whatever our nationality, place
of residence, sex, national or ethnic origin, colour, religion, language, or
any other status. We are all equally entitled to our human rights without
discrimination. These rights are all interrelated, interdependent and
indivisible.
Universal
human rights are often expressed and guaranteed by law, in the forms of
treaties, customary international law , general principles and other sources of
international law. International human rights law lays down obligations of
Governments to act in certain ways or to refrain from certain acts, in order to
promote and protect human rights and fundamental freedoms of individuals or
groups.
Universal and inalienable
The
principle of universality of human rights is the cornerstone of international
human rights law. This principle, as first emphasized in the Universal
Declaration on Human Rights in 1948, has been reiterated in numerous international
human rights conventions, declarations, and resolutions. The 1993 Vienna World
Conference on Human Rights, for example, noted that it is the duty of States to
promote and protect all human rights and fundamental freedoms, regardless of
their political, economic and cultural systems.
All
States have ratified at least one, and 80% of States have ratified four or
more, of the core human rights treaties, reflecting consent of States which
creates legal obligations for them and giving concrete expression to
universality. Some fundamental human rights norms enjoy universal protection by
customary international law across all boundaries and civilizations.
Human
rights are inalienable. They should not be taken away, except in specific
situations and according to due process. For example, the right to liberty may
be restricted if a person is found guilty of a crime by a court of law.
Interdependent and indivisible
All human
rights are indivisible, whether they are civil and political rights, such as
the right to life, equality before the law and freedom of expression; economic,
social and cultural rights, such as the rights to work, social security and
education , or collective rights, such as the rights to development and
self-determination, are indivisible, interrelated and interdependent. The
improvement of one right facilitates advancement of the others. Likewise, the
deprivation of one right adversely affects the others.
Equal and non-discriminatory
Non-discrimination
is a cross-cutting principle in international human rights law. The principle
is present in all the major human rights treaties and provides the central
theme of some of international human rights conventions such as the
International Convention on the Elimination of All Forms of Racial
Discrimination and the Convention on the Elimination of All Forms of
Discrimination against Women.
The
principle applies to everyone in relation to all human rights and freedoms and
it prohibits discrimination on the basis of a list of non-exhaustive categories
such as sex, race, colour and so on. The principle of non-discrimination is
complemented by the principle of equality, as stated in Article 1 of the
Universal Declaration of Human Rights: “All human beings are born free and
equal in dignity and rights.”
Both Rights and Obligations
Human
rights entail both rights and obligations. States assume obligations and duties
under international law to respect, to protect and to fulfil human rights. The
obligation to respect means that States must refrain from interfering with or
curtailing the enjoyment of human rights. The obligation to protect requires
States to protect individuals and groups against human rights abuses. The
obligation to fulfil means that States must take positive action to facilitate
the enjoyment of basic human rights. At the individual level, while we are
entitled our human rights, we should also respect the human rights of others.
The Universal Declaration
of Human Rights:
A Magna Carta for all humanity
Some years have elapsed since the Universal Declaration of Human Rights was adopted
by the United Nations on 10 December 1948. The Declaration was one of the first
major achievements of the United Nations, and after 50 years remains a powerful
instrument which continues to exert an enormous effect on people's lives all
over the world. This was the first time in history that a document considered
to have universal value was adopted by an international organization. It was
also the first time that human rights and fundamental freedoms were set forth
in such detail. There was broad-based international support for the Declaration
when it was adopted. It represented "a world milestone in the long
struggle for human rights", in the words of a UN General Assembly
representative from France.
The
adoption of the Universal Declaration stems in large part from the strong
desire for peace in the aftermath of the Second World War. Although the 58
Member States which formed the United Nations at that time varied in their
ideologies, political systems and religious and cultural backgrounds and had
different patterns of socio-economic development, the Universal Declaration of
Human Rights represented a common statement of goals and aspirations -- a
vision of the world as the international community would want it to become.
Since
1948, the Universal Declaration has been translated into more than 200
languages and remains one of the best known and most often cited human rights
documents in the world. Over the years, the Declaration has been used in the
defense and advancement of people's rights. Its principles have been enshrined
in and continue to inspire national legislation and the constitutions of many
newly independent states. References to the Declaration have been made in
charters and resolutions of regional intergovernmental organizations as well as
in treaties and resolutions adopted by the United Nations system.
The year
1998 marks the fiftieth anniversary of this "Magna Carta for all
humanity." The theme of the fiftieth anniversary--"All Human Rights
for All"-- highlights the universality, the indivisibility and the
interrelationship of all human rights. It reinforces the idea that human
rights--civil, cultural, economic, political and social--should be taken in
their totality and not disassociated from one another.
Drafting and adopting the Declaration, a long and arduous task
When
created in 1946, the United Nations Commission on Human Rights was composed of
18 Member States. During its first sessions, the main item on the agenda was
the Universal Declaration of Human Rights. The Commission set up a drafting
committee which devoted itself exclusively to preparing the draft of the
Universal Declaration of Human Rights. The drafting committee was composed of
eight persons, from Australia, Chile, China, France, Lebanon, the Union of
Soviet Socialist Republics, the United Kingdom and the United States of
America. The United Nations Secretariat, under the guidance of John Humphrey,
drafted the outline (400 pages in length) to serve as the basic working paper
of the Committee.
During
the two-year drafting process of the Universal Declaration, the drafters
maintained a common ground for discussions and a common goal: respect for
fundamental rights and freedoms. Despite their conflicting views on certain
questions, they agreed to include in the document the principles of
non-discrimination, civil and political rights, and social and economic rights.
They also agreed that the Declaration had to be universal.
Personally
dedicated to the task of preparing this Declaration, Mrs. Eleanor Roosevelt,
who chaired the Human Rights Commission in its first years, asked, "Where,
after all, do universal human 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 neighbourhood 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 concerned citizen
action to uphold them close to home, we shall look in vain for progress in the
larger world."
On 10
December 1948, at the Palais de Chaillot in Paris, the 58 Member States of the
United Nations General Assembly adopted the Universal Declaration of Human
Rights, with 48 states in favour and eight abstentions (two countries were not present
at the time of the voting). The General Assembly proclaimed the Declaration as
a "common standard of achievement for all peoples and all nations",
towards which individuals and societies should "strive by progressive
measures, national and international, to secure their universal and effective
recognition and observance".
The Declaration, a vision of what the world should be
Although
the Declaration, which comprises a broad range of rights, is not a legally
binding document, it has inspired more than 60 human rights instruments which
together constitute an international standard of human rights. These
instruments include the International Covenant on Economic, Social and Cultural
Rights and the International Covenant on Civil and Political Rights, both of
which are legally binding treaties. Together with the Universal Declaration,
they constitute the International Bill of Rights.
The
Declaration recognizes that the "inherent dignity of all members of the
human family is the foundation of freedom, justice and peace in the world"
and is linked to the recognition of fundamental rights towards which every
human being aspires, namely the right to life, liberty and security of person;
the right to an adequate standard of living; the right to seek and to enjoy in
other countries asylum from persecution; the right to own property; the right
to freedom of opinion and expression; the right to education, freedom of
thought, conscience and religion; and the right to freedom from torture and
degrading treatment, among others. These are inherent rights to be enjoyed by
all human beings of the global village -- men, women and children, as well as
by any group of society, disadvantaged or not -- and not "gifts" to
be withdrawn, withheld or granted at someone's whim or will.
Mary
Robinson, who became the second United Nations High Commissioner for Human
Rights in September 1997, expressed this opinion when she declared that
"human rights belong to people, human rights are about people on the
ground and their rights". She has stated that she would take a
"bottom-up" approach in promoting human rights, an approach which
reflects the first words of the United Nations Charter, "We the
Peoples".
The
rights contained in the Declaration and the two covenants were further
elaborated in such legal documents as the International Convention on the
Elimination of All Forms of Racial Discrimination, which declares dissemination
of ideas based on racial superiority or hatred as being punishable by law; the
Convention on the Elimination of All Forms of Discrimination Against Women,
covering measures to be taken for eliminating discrimination against women in
political and public life, education, employment, health, marriage and family;
and the Convention on the Rights of the Child, which lays down guarantees in
terms of the child's human rights.
International mobilization in favour of the Declaration: Government
commitment
At the
World Conference on Human Rights held in Vienna (Austria) in June 1993, 171
countries reiterated the universality, indivisibility and interdependence of
human rights, and reaffirmed their commitment to the Universal Declaration of
Human Rights. They adopted the Vienna Declaration and Programme of Action,
which provides the new "framework of planning, dialogue and
cooperation", to enable a holistic approach to promoting human rights and
involving actors at the local, national and international levels. The five-year
review of the Vienna Programme of Action will also take place in 1998. This
review provides a substantive dimension to the fiftieth anniversary, which many
human rights activists and professionals see as a time for States to renew
their commitment to the promotion and protection of human rights.
It is a
time for Governments to ensure that the rights set forth in the Declaration are
reflected in their national legislation and to move to ratify those
international human rights treaties that are still pending. Governments could consider
formulating and implementing a pro-active strategy in favour of the promotion
of and respect for human rights. This could be translated into action by
adopting national plans of action for advancing human rights and fostering
human rights education. This anniversary also provides the opportunity for more
countries not only to condemn blatant violations of human rights but also to
take responsibility and action to break the cycle of impunity whenever human
rights are violated.
Public awareness campaign
The
fiftieth anniversary is a time to promote public awareness of the meaning of
the Universal Declaration and its relevance to our daily lives. Providing
information about human rights in the languages understood by peoples
everywhere is one aspect of a global public awareness campaign. Falling during
the Decade for Human Rights Education (1995-2004), the anniversary also
provides another focus for education and action. In addition to the 200
language versions already available, a number of other local language
translations are to be released for the fiftieth anniversary.
The anniversary of the Universal Declaration is an opportunity for people
worldwide to commemorate the adoption of this landmark document. It also
represents an opportunity to mobilize all strata of society in a reinvigorated
and broad-based human rights movement. The involvement of civil society and
non-governmental organizations in fighting for and demanding recognition of
basic rights has played a central role in the advancement and promotion of
human rights around the world. National Committees have already been set up in
many countries, with the aim of undertaking activities to mark the Anniversary.
Grass-roots
movements to encourage entire communities to know, demand and defend their
rights will send a positive and strong message: that people everywhere are
adamant that human rights should be respected. At local level, concerned
citizens can approach their congressional or parliamentary representatives and
ask their Governments to ratify international human rights treaties if they
have yet not done so.
The United Nations
In
accordance with the recommendations made at the 1993 World Conference on Human
Rights for increased coordination within the United Nations system, Kofi Annan,
Secretary-General of the United Nations, stated, "I will be a champion of
human rights and will ensure that human rights are fully integrated in the
action of the Organization in all other domains". Human rights, indeed,
cut across all the work of the United Nations, from peacekeeping, child rights,
health and development to the rights of indigenous peoples to education, social
development and the eradication of poverty. Consultations have already taken
place among all agencies and programmes of the United Nations, leading to
strategies and campaigns being devised.
Challenges
Since the
inception of the United Nations, the promotion and protection of human rights
have been at its very core. Reference to the promotion of and respect for human
rights was made in Article 1 of the United Nations Charter and in the
establishment of a commission for the promotion of human rights, mentioned in
Article 68 of the Charter. Over the years, the United Nations has created a
wide range of mechanisms for monitoring human rights violations. Conventional
mechanisms (treaty bodies) and extra-conventional mechanisms (UN special
rapporteurs, representatives, experts and working groups) have been established
in order to monitor compliance of States parties with the various human rights
instruments and to investigate allegations of human rights abuses. In recent
years, a number of field offices have been opened at the request of
Governments, inter alia, to assist in the development of national
institutions for the promotion and protection of human rights and to conduct
education campaigns on human rights.
Challenges
still lie ahead, despite many accomplishments in the field of human rights.
Many in the international community believe that human rights, democracy and
development are intertwined. Unless human rights are respected, the maintenance
of international peace and security and the promotion of economic and social
development cannot be achieved. The world is still plagued with incidents of
ethnic hatred and acts of genocide. People are still victims of xenophobic
attitudes, are subjected to discrimination because of religion or gender and
suffer from exclusion. Around the world, millions of people are still denied
food, shelter, access to medical care, education and work, and too many live in
extreme poverty. Their inherent humanity and dignity are not recognized.
The
future of human rights lies in our hands. We must all act when human rights are
violated. States as well as the individual must take responsibility for the realization
and effective protection of human rights.
Clancy's comment: Maybe today is a good day to spare a thought for those who are doing it tough. Bad things only continue to happen because good people do not speak up. Be courageous. Write to your politicians, ring talkback radio or write to a newspaper and become involved. Every little bit counts.
Life's short ... use it ... there is plenty to do.
I'm ...
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