Human rights/Addendum

Human Rights Declarations

The United States Declaration of Independence (1776)

"We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed."

The French Declaration of the Rights of Man and the Citizen (1789)

"The Representatives of the French people, organized in National Assembly, considering that ignorance, forgetfulness, or contempt of the rights of man are the sole causes of public miseries and the corruption of governments, have resolved to set forth in a solemn declaration the natural, inalienable, and sacred rights of man, so that this declaration, being ever present to all the members of the social body, may unceasingly remind them of their rights and duties; in order that the acts of the legislative power, and those of the executive power, may at each moment be compared with the aim and of every political institution and thereby may be more respected; and in order that the demands of the citizens, grounded henceforth upon simple and incontestable principles, may always take the direction of maintaining the constitution and welfare of all. In consequence, the National Assembly recognizes and declares, in the presence and under the auspices of the Supreme Being, the following rights of man and citizen:"

The Universal Declaration of Human Rights (1948)

The first two articles of the Declaration are declarations of its universality. They are followed by seventeen articles that specify rights that are now generally accepted by western democracies, and two that deal with implementation by the requirement that "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 8) and "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 10). Of the remaining articles, five (22 to 26) are additional "social articles" that specify rights to social security, employment and trade union membership, leisure, health and education.

The Cairo Declaration on Human Rights in Islam (1990)

The Cairo declaration was signed by the member states of the Organisation of the Islamic Conference in 1990. Article 24 of the declaration states: "All the rights and freedoms stipulated in this Declaration are subject to the Islamic Sharia" and article 25,states that "The Islamic Sharia is the only source of reference for the explanation or clarification of any of the articles of this Declaration".

The Bangkok Declaration (1993)

The Bangkok declaration recognises that "while human rights are universal in nature, they must be considered in the context of a dynamic and evolving process of international norm-setting, bearing in mind the significance of national and regional particularities and various historical, cultural and religious backgrounds" .

The Vienna Declaration and Programme of Action(1993)

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Human Rights Instruments

Convention on the Prevention and Punishment of the Crime of Genocide

The 1948 Genocide Convention

The United Nations Core Treaties on Human Rights

(the numbers of ratifications by May 2012 are shown thus [xxx])

• The International Convention on the Elimination of All Forms of Racial Discrimination 1965
  (utlaws both racial discrimination - except for "positive discrimination" - and racist propaganda.)[175]
• The International Covenant on Civil and Political Rights 1965
  (Includes qualified rights to life, liberty, religious freedom, privacy and freedom of speech}[167]
• The International Covenant on Economic, Social and Cultural Rights 1966
  (Includes qualified rights to employment, a fair wage, trade union membership, social security, health and education)[160]
• The Convention on the Elimination of All Forms of Discrimination against Women 1979
  (recognises the unqualified rights of women to equality with men in legal status, employment, education, participation in public life, and decisions concerning procreation and undertakes to counter discriminatory social and cultural attitudes and patterns of conduct) [187}
• The Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
  (makes torture an unqualified criminal offence, but defines the term to exclude pain or suffering brought about by lawful sanctions 1984) [150]
• The Convention on the Rights of the Child 1989 [193]
• The International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families {45]
• The International Convention for the Protection of All Persons from Enforced Disappearance 2006 [32]
• The Convention on the Rights of Persons with Disabilities 2006

Countries become bound to a particular treaty through ratification or accession to it. Either of these two acts signals a country’s concrete willingness to undertake the legal rights and obligations contained in a treaty. A country that has ratified or acceded to a treaty is often referred to as being ‘party to’ the treaty. Signature of a treaty by a country is an indication that the country intends to examine the treaty to determine its position towards it before ratification. While a signature does not bind a country to a treaty, it does result in an obligation to refrain from acts which might defeat the object and purpose of the treaty. Reservations, understandings, and declarations (RUDs) allow a country to exempt itself from certain obligations with which state parties are normally expected to comply.

Status by instrument
Ratification by country

The European Convention on Human Rights

Includes qualified rights to life, liberty and security, freedom of thought, conscience and religion, expression, assembly and association; and an unqualified prohibition of torture. Guarantees remedies against abuse and creates a Court of Human Rights for that purpose.

Human rights jurisprudence

Legislation

• The United Kingdom Human Rights Act 1998

Cases

• European Court of Human Rights Case Law Database