Human rights refers to the "basic rights and freedoms to which all humans are entitled. A right is a legal or moral Entitlement or Permission. Rights are of vital importance in theories of Justice and deontological ethics Political freedom is the absence of interference with the sovereignty of an individual by the use of coercion or aggression "[1] Examples of rights and freedoms which are often thought of as human rights include civil and political rights, such as the right to life and liberty, freedom of expression, and equality before the law; and social, cultural and economic rights, including the right to participate in culture, the right to food, the right to work, and the right to education. Life is a state that distinguishes Organisms from non-living objects such as non-life and dead organisms being manifested by growth through Metabolism Liberty, the freedom to act or believe without being stopped by unnecessary force Freedom of speech is the freedom to speak freely without Censorship or Limitation. Equality before the law or equality under the law or legal egalitarianism is the principle under which each individual is subject to the same laws with no individual Culture (from the Latin cultura stemming from colere, meaning "to cultivate" generally refers to patterns of human activity and the symbolic The right to food, and its variations is a Human rights derived from the International Covenant on Economic Social and Cultural Rights ( ICESCR) The Right to work is the concept that people have a human right to work and may not be prevented from doing so Education encompasses both the Teaching and Learning of Knowledge, proper conduct, and technical competency
| “ | 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 1 of the United Nations Universal Declaration of Human Rights (UDHR)[2] | ||
Contents |
History of human rights
The history of human rights covers thousands of years and draws upon religious, cultural, philosophical and legal developments throughout recorded history. Several ancient documents and later religions and philosophies included a variety of concepts that may be considered to be human rights. Notable among such documents are the Cyrus cylinder of 539 BC, a declaration of intentions by the Persian emperor Cyrus the Great after his conquest of the Neo-Babylonian Empire; the Edicts of Ashoka issued by Ashoka the Great of India between 272-231 BC; and the Constitution of Medina of 622 AD, drafted by Muhammad to mark a formal agreement between all of the significant tribes and families of Yathrib (later known as Medina), including Muslims, Jews and Pagans. The Cyrus cylinder, also known as the Cyrus the Great cylinder, is a document issued by the Persian emperor Cyrus the Great in the form of a clay The Persian Empire was a series of Iranian empires that ruled over the Iranian plateau, the original Persian homeland and beyond in Western Asia The term Neo-Babylonian or Chaldean refers to Babylonia under the rule of the 11th ("Chaldean" dynasty from the revolt of Nabopolassar The Edicts of Ashoka are a collection of 33 inscriptions on the Pillars of Ashoka, as well as boulders and cave walls made by the Emperor Ashoka of the Mauryan Ashoka ( Devanāgarī: अशोकः IAST: Aśokaḥ, aɕoːkə(hə Prakrit Imperial title Devanampriya Priyadarsi This article is about the history of South Asia prior to the Partition of British India in 1947 The Constitution of Medina, also known as the Charter of Medina, was drafted by the Islamic prophet Muhammad in 622 IMPORTANT PLEASE READ ##### For all questions relating to the addition of (pbuh peace be upon him or other honorifics Medina mɛˈdiːnə (المدينة المنورة ælmæˈdiːnæl muˈnɑwːɑrɑ or المدينة ælmæˈdiːnæ also transliterated into English as A Muslim (مسلم pronounced Muslim, not Muzlim) is an adherent of the Religion PLEASE TAKE NOTE************ Paganism (from Latin paganus, meaning "country dweller rustic" is a word used to refer to various religions and religious beliefs from across the world [3][4] The English Magna Carta of 1215 is particularly significant in the history of English law, and is hence significant in international law and constitutional law today. Magna Carta ( Latin for Great Charter, literally " Great Paper " also called Magna Carta Libertatum ( Great Charter of Freedoms Law is a system of rules enforced through a set of Institutions used as an instrument to underpin civil obedience politics economics and society International law is the term commonly used for referring to the system of implicit and explicit agreements that bind together nation-states in adherence to recognized values and standards Constitutional law is the study of foundational or basic Laws of nation states and other political organizations
Much of modern human rights law and the basis of most modern interpretations of human rights can be traced back to relatively recent history. The British Bill of Rights (or “An Act Declaring the Rights and Liberties of the Subject and Settling the Succession of the Crown”) of 1689 made illegal a range of oppressive governmental actions in the United Kingdom. The British Bill of Rights can refer to The Bill of Rights 1689 - An Act of the Parliament of England made following the Glorious Revolution Two major revolutions occurred during the 18th century, in the United States (1776) and in France (1789), leading to the adoption of the United States Declaration of Independence and the French Declaration of the Rights of Man and of the Citizen respectively, both of which established certain rights. The United States of America —commonly referred to as the This article is about the country For a topic outline on this subject see List of basic France topics. The United States Declaration of Independence is a statement adopted by the Continental Congress on July 4 1776 announcing that the thirteen American colonies then The Declaration of the Rights of Man and Citizen (Déclaration des droits de l'Homme et du citoyen is a fundamental document of the French Revolution, defining Additionally, the Virginia Declaration of Rights of 1776 set up a number of fundamental rights and freedoms. The Virginia Declaration of Rights is a document drafted in 1776 to proclaim the inherent Natural rights of men including the right to rebel against "inadequate" government
These were followed by developments in philosophy of human rights by philosophers such as Thomas Paine, John Stuart Mill and Hegel during the 18th and 19th centuries. Thomas Paine (January 29 1737 &ndash June 8 1809 was an English Pamphleteer, Revolutionary, radical, Inventor, and Intellectual John Stuart Mill (20 May 1806 &ndash 8 May 1873 British Philosopher, political economist, civil servant and Member of Parliament, was an influential The term human rights probably came into use sometime between Paine's The Rights of Man and William Lloyd Garrison's 1831 writings in The Liberator saying he was trying to enlist his readers in "the great cause of human rights"[5]
Many groups and movements have managed to achieve profound social changes over the course of the 20th century in the name of human rights. William Lloyd Garrison ( December 12 1805 – May 24 1879) was a prominent American abolitionist, journalist and social reformer The Liberator was an abolitionist newspaper founded by William Lloyd Garrison in 1831. In Western Europe and North America, labour unions brought about laws granting workers the right to strike, establishing minimum work conditions and forbidding or regulating child labour. Western Europe at its most general meaning means 'all the countries in the West of Europe ' A trade union or labour union is an organization of workers who have banded together to achieve common goals in key areas such as wages hours and working conditions forming Child labor is the employment of Children at regular and sustained labour The women's rights movement succeeded in gaining for many women the right to vote. National liberation movements in many countries succeeded in driving out colonial powers. This article is about a type of political territory For other uses see Colony (disambiguation. One of the most influential was Mahatma Gandhi's movement to free his native India from British rule. Mohandas Karamchand Gandhi ( Gujarati: મોહનદાસ કરમચંદ ગાંધી moɦən̪d̪äs kəɾəmʧən̪d̪ gän̪d̪ʱi (2 October 1869 – 30 January India, officially the Republic of India (भारत गणराज्य inc-Latn Bhārat Gaṇarājya; see also other Indian languages) is a country The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom, the UK or Britain,is a Sovereign state located Movements by long-oppressed racial and religious minorities succeeded in many parts of the world, among them the civil rights movement, and more recent diverse identity politics movements, on behalf of women and minorities in the United States. See also Protests of 1968 Historically the civil rights movement was a concentrated period of time around the world of approximately twenty years (1960-1980 in Identity politics is Political action to advance the interests of members of a group whose members are oppressed by virtue of a shared and marginalized Identity (such
The establishment of the International Committee of the Red Cross, the 1864 Lieber Code and the first of the Geneva Conventions in 1864 laid the foundations of International humanitarian law, to be further developed following the two World Wars. "ICRC" redirects here For other uses see ICRC (disambiguation. The Lieber Code of April 24, 1863, also known as Instructions for the Government of Armies of the United States in the Field, General Order The Geneva Conventions consist of four Treaties formulated in Geneva, Switzerland, that set the standards for International law for humanitarian International humanitarian law ( IHL) often referred to as the Laws of war, the laws and customs of war or the law of armed conflict
The World Wars, and the huge losses of life and gross abuses of human rights that took place during them were a driving force behind the development of modern human rights instruments. International human rights instruments can be classified into two categories declarations, adopted by bodies such as the United Nations General Assembly, which are The League of Nations was established in 1919 at the negotiations over the Treaty of Versailles following the end of World War I. The League of Nations was an International organization founded as a result of the Treaty of Versailles in 1919–1920 The Treaty of Versailles was one of the peace treaties at the end of World War I. World War I (abbreviated WWI; also known as the First World War, the Great War, and the War to End All The League's goals included disarmament, preventing war through collective security, settling disputes between countries through negotiation, diplomacy and improving global welfare. Enshrined in its Charter was a mandate to promote many of the rights which were later included in the Universal Declaration of Human Rights.
At the 1945 Yalta Conference, the Allied Powers agreed to create a new body to supplant the League's role. The Yalta Conference, sometimes called the Crimea Conference and Codenamed the Argonaut Conference, was the wartime meeting from 4 February This body was to be the United Nations. The United Nations ( UN) is an International organization whose stated aims are to facilitate cooperation in International law, International security The United Nations has played an important role in international human rights law since its creation. Following the World Wars the United Nations and its members developed much of the discourse and the bodies of law which now make up international humanitarian law and international human rights law. International humanitarian law ( IHL) often referred to as the Laws of war, the laws and customs of war or the law of armed conflict Human rights law is a system of laws both domestic and international designed to promote human rights
International human rights law
Human rights law is a system of laws, both domestic and international, designed to promote human rights. Human rights law is a system of laws both domestic and international designed to promote human rights Human rights law includes a number of treaties which are intended to punish some violations of human rights such as war crimes, crimes against humanity and genocide. War crimes are "violations of the laws or customs of war" including but not limited to "murder the ill-treatment or deportation of civilian residents of an occupied In Public international law, a crime against humanity is an act of Persecution or any large scale atrocities against a body of people and is the highest level of Genocide is the deliberate and systematic destruction in whole or in part of an ethnic racial religious or national group There are also a number of international courts which have been constituted to judge violations of human rights including the European Court of Human Rights and the International Criminal Court. The European Court of Human Rights ( ECtHR) (Cour européenne des droits de l’homme in Strasbourg was established under the European Convention on Human Rights The International Criminal Court ( ICC or ICCt) was established in 2002 as a permanent tribunal to prosecute individuals for Genocide, crimes against
An important concept within human rights law is that of universal jurisdiction. Universal jurisdiction or universality principle is a controversial principle in International law whereby States claim criminal Jurisdiction This concept, which is not widely accepted, is that any nation is authorized to prosecute and punish violations of human rights wherever and whenever they may have occurred.
Geneva Conventions
The Geneva Conventions came into being between 1864 and 1949 as a result of efforts by Henry Dunant, the founder of the International Committee of the Red Cross. The Geneva Conventions consist of four Treaties formulated in Geneva, Switzerland, that set the standards for International law for humanitarian Jean Henri Dunant ( May 8, 1828 &ndash October 30, 1910) aka Henry Dunant or Henri Dunant, was a Swiss "ICRC" redirects here For other uses see ICRC (disambiguation. The conventions safeguard the human rights of individuals involved in armed conflict, and build on the 1899 and 1907 Hague Conventions, the international community's first attempt to formalize the laws of war and war crimes in the nascent body of secular international law. The Hague Conventions were international treaties negotiated at the First and Second Peace Conferences at The Hague, Netherlands in 1899 and The conventions were revised as a result of World War II and readopted by the international community in 1949.
The Geneva Conventions are:
- First Geneva Convention "for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field" (first adopted in 1864, last revision in 1949)
- Second Geneva Convention "for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea" (first adopted in 1949, successor of the 1907 Hague Convention X)
- Third Geneva Convention "relative to the Treatment of Prisoners of War" (first adopted in 1929, last revision in 1949)
- Fourth Geneva Convention "relative to the Protection of Civilian Persons in Time of War" (first adopted in 1949, based on parts of the 1907 Hague Convention IV)
In addition, there are three additional amendment protocols to the Geneva Convention:
- Protocol I (1977): Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts. The First Geneva Convention is one of several Geneva Conventions. The Second Geneva Convention of 1906 "Convention for the Amelioration of the Condition of the Wounded in Armies in the Field" (Geneva 6 July 1906 extended the principles The Third Geneva Convention (or GCIII) of 1949 one of the Geneva Conventions, is a treaty agreement that primarily concerns the treatment of Prisoners of See also Geneva Convention for the amelioration of the condition of the wounded and sick in armies in the field (1929 The Geneva Convention (1929 The Fourth Geneva Convention (or GCIV) relates to the protection of Civilians during times of War " in the hands " of an enemy and under Protocol Additional to the Geneva Conventions of 12 August 1949 and relating to the Protection of Victims of International Armed Conflicts ( Protocol 1) Introduction Events 1099 - First Crusade: Battle of Ascalon - Crusaders under the command of Godfrey of Bouillon defeat Fatimid Year 1949 ( MCMXLIX) was a Common year starting on Saturday (link will display the full calendar of the Gregorian calendar. As of 12 January 2007 it had been ratified by 167 countries. Events 475 - Basiliscus becomes Byzantine Emperor, with a coronation ceremony in the Hebdomon palace in Constantinople Year 2007 ( MMVII) was a Common year starting on Monday of the Gregorian calendar in the 21st century.
- Protocol II (1977): Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of Non-International Armed Conflicts. Protocol II: Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of Non-International Armed Conflicts Events 1099 - First Crusade: Battle of Ascalon - Crusaders under the command of Godfrey of Bouillon defeat Fatimid Year 1949 ( MCMXLIX) was a Common year starting on Saturday (link will display the full calendar of the Gregorian calendar. As of 12 January 2007 it had been ratified by 163 countries. Events 475 - Basiliscus becomes Byzantine Emperor, with a coronation ceremony in the Hebdomon palace in Constantinople Year 2007 ( MMVII) was a Common year starting on Monday of the Gregorian calendar in the 21st century.
- Protocol III (2005): Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Adoption of an Additional Distinctive Emblem. Protocol III is an amendment to the Geneva Conventions relating to the Adoption of an Additional Distinctive Emblem Events 1099 - First Crusade: Battle of Ascalon - Crusaders under the command of Godfrey of Bouillon defeat Fatimid Year 1949 ( MCMXLIX) was a Common year starting on Saturday (link will display the full calendar of the Gregorian calendar. As of June 2007 it had been ratified by 17 countries and signed but not yet ratified by an additional 68 countries.
All four conventions were last revised and ratified in 1949, based on previous revisions and partly on some of the 1907 Hague Conventions. Later conferences have added provisions prohibiting certain methods of warfare and addressing issues of civil wars. Nearly all 200 countries of the world are "signatory" nations, in that they have ratified these conventions. The International Committee of the Red Cross is the controlling body of the Geneva conventions (see below). "ICRC" redirects here For other uses see ICRC (disambiguation.
Universal Declaration of Human Rights
!["It is not a treaty...[In the future, it] may well become the international Magna Carta." Eleanor Roosevelt with the Spanish text of the Universal Declaration in 1949.](http://upload.wikimedia.org/wikipedia/commons/thumb/c/cb/EleanorRooseveltHumanRights.gif/200px-EleanorRooseveltHumanRights.gif)
The Universal Declaration of Human Rights (UDHR) is a non-binding declaration adopted by the United Nations General Assembly[7] in 1948, partly in response to the atrocities of World War II. World War II, or the Second World War, (often abbreviated WWII) was a global military conflict which involved a majority of the world's nations, including Although the UDHR is a non-binding resolution, it is now considered to be a central component of international customary law which may be invoked under appropriate circumstances by national and other judiciaries. In Law, custom can be described as the established patterns of behavior that can be objectively verified within a particular social setting [8] The UDHR urges member nations to promote a number of human, civil, economic and social rights, asserting these rights are part of the "foundation of freedom, justice and peace in the world. " The declaration was the first international legal effort to limit the behavior of states and press upon them duties to their citizens following the model of the rights-duty duality. Correlative ("corelative" UK spelling is the term adopted by Wesley Newcomb Hohfeld to describe the philosophical relationships between fundamental legal concepts
| “ | . . . 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 | ” |
—Preamble to the Universal Declaration of Human Rights, 1948 | ||
The UDHR was framed by members of the Human Rights Commission, with former First Lady Eleanor Roosevelt as Chair, who began to discuss an International Bill of Rights in 1947. First Lady is a term used in the United States to describe the wife of an elected male Head of state. Anna Eleanor Roosevelt (ˈɛlɪnɔr ˈroʊzəvɛlt October 11 1884 &ndash November 7 1962 The members of the Commission did not immediately agree on the form of such a bill of rights, and whether, or how, it should be enforced. The Commission proceeded to frame the UDHR and accompanying treaties, but the UDHR quickly became the priority. [9] Canadian law professor John Humprey and French lawyer René Cassin were responsible for much of the cross-national research and the structure of the document respectively, where the articles of the declaration were interpretative of the general principle of the preamble. This article is about the person named René Cassin for the human-rights group named after him see CCJO René Cassin. The document was structured by Cassin to include the basic principles of dignity, liberty, equality and brotherhood in the first two articles, followed successively by rights pertaining to individuals; rights of individuals in relation to each other and to groups; spiritual, public and political rights; and economic, social and cultural rights. The final three articles place, according to Cassin, rights in the context of limits, duties and the social and political order in which they are to be realized. [9] Humphrey and Cassin intended the rights in the UDHR to be legally enforceable through some means, as is reflected in the third clause of the preamble:[9]
| “ | 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. | ” |
—Preamble to the Universal Declaration of Human Rights, 1948 | ||
Some of the UDHR was researched and written by a committee of international experts on human rights, including representatives from all continents and all major religions, and drawing on consultation with leaders such as Mahatma Gandhi. [10] The inclusion of both civil and political rights and economic, social and cultural rights[9][11] was predicated on the assumption that basic human rights are indivisible and that the different types of rights listed are inextricably linked. This principle was not then opposed by any member states (the declaration was adopted unanimously, with the abstention of the Eastern Bloc, Apartheid South Africa and Saudi Arabia), however this principle was later subject to significant challenges. During the Cold War, the term Communist Bloc (or Soviet Bloc) was used to refer to the Soviet Union and countries it either controlled or that were The Republic of South Africa (also known by other official names) is a country located at the southern tip of the continent of Africa The Kingdom of Saudi Arabia, KSA ( المملكة العربية السعودية, al-Mamlaka al-ʻArabiyya as-Suʻūdiyya) or Suudi [11]
The Universal Declaration was bifurcated into two distinct and different covenants, a Covenants on Civil and Political Rights and another Covenant on Economic, Social and Cultural Rights. Over the objection of the more developed states [Capitalist], which questioned the relevance and propriety of such provisions in covenants on human rights, both begin with the right of people to self-determinaiton and to sovereignty over their natural resources. Then the two covenants go different ways (see, Louis Henkin, The International Bill of Rights: The Universal Declaration and the Covenants, in International Enforcement of Human Rights 6-9, Bernhardt and Jolowicz, eds, (1987))
The drafters of the Covenants initially intended only one instrument. The original drafts included only political and civil rights, but economic and social rights were added early. Western States then fought for, and obtained, a division into two covenants. They insisted that economic and social right were essentially aspirations or plans, not rights, since their realization depended on availability of resources and on controversial economic theory and ideology. These, they said, were not appropriate subjects for binding obligations and should not be allowed to dilute the legal character of provisions honoring political-civil rights; states prepared to assume obligations to respect political-civil rights should not be mitments. There was wide agreement and clear recognition that the means required to enforce or induce compliance with socio-economic undertakings were different from the means required for civil-political rights. See Louis Henkin, Introduction, The International Bill of Rights 9-10 (1981).
Because of the divisions over which rights to include, and because some states declined to ratify any treaties including certain specific interpretations of human rights, and despite the Soviet bloc and a number of developing countries arguing strongly for the inclusion of all rights in a so-called Unity Resolution, the rights enshrined in the UDHR were split into two separate covenants, allowing states to adopt some rights and derogate others. Though this allowed the covenants to be created, one commentator has written that it denied the proposed principle that all rights are linked which was central to some interpretations of the UDHR. [12][13]
Human Rights Treaties
In 1966, the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR) were adopted by the United Nations, between them making the rights contained in the UDHR binding on all states that have signed this treaty. The International Covenant on Civil and Political Rights is a United Nations Treaty based on the Universal Declaration of Human Rights, created in The International Covenant on Economic Social and Cultural Rights (ICESCR is a multilateral Treaty adopted by the United Nations General Assembly on December [14] However they only came into force in 1976 when they were ratified by a sufficient number of countries (despite achieving the ICCPR, a covenant including no economic or social rights, the US only ratified the ICCPR in 1992). [15] The ICESCR commits 155 state parties to work toward the granting of economic, social, and cultural rights (ESCR) to individuals.
Since then numerous other treaties (pieces of legislation) have been offered at the international level. International human rights instruments can be classified into two categories declarations, adopted by bodies such as the United Nations General Assembly, which are They are generally know as human rights instruments. Some of the most significant are:
- Convention on the Prevention and Punishment of the Crime of Genocide (adopted 1948, entry into force: 1951) [3]
- Convention on the Elimination of All Forms of Racial Discrimination (CERD) (adopted 1966, entry into force: 1969) [4]
- Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) (entry into force: 1981) [5]
- United Nations Convention Against Torture (CAT) (adopted 1984, entry into force: 1984) [6]
- Convention on the Rights of the Child (CRC) (adopted 1989, entry into force: 1989) [7]
- International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families (ICRMW) (adopted 1990)
- Rome Statute of the International Criminal Court (ICC) (entry into force: 2002)
Enforcement of human rights law
By international law, the United Nations Security Council is the only group authorized to enforce human rights laws. The Convention on the Prevention and Punishment of the Crime of Genocide was adopted by the United Nations General Assembly in December 1948 and came into effect in January 1951 The International Convention on the Elimination of All Forms of Racial Discrimination (ICERD is a United Nations convention. The Convention on the Elimination of All Forms of Discrimination against Women ( CEDAW) is an international The United Nations Convention against Torture and Other Cruel Inhuman or Degrading Treatment or Punishment is an international human rights instrument, under the purview of The United Nations Convention on the Rights of the Child, often referred to as CRC or UNCRC, is an international convention setting out the civil political The United Nations Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families is an international agreement governing the matters described in the title The Rome Statute of the International Criminal Court (often referred to as the International Criminal Court Statute or the Rome Statute) is the Treaty Historically, it has often been the case that a government will make claims of human rights violations in another country as a reason to go to war against that country. War is an international relations Dispute, characterized by organized Violence between National Military units
International bodies
The United Nations
The United Nations (UN) is the only multilateral governmental agency with universally accepted international jurisdiction for universal human rights legislation. The United Nations ( UN) is an International organization whose stated aims are to facilitate cooperation in International law, International security In Law, jurisdiction (from the Latin ius iuris meaning "law" and dicere meaning "to speak" is the practical Authority [16] All UN gave england them but england already have advisory roles to the United Nations Security Council and the United Nations Human Rights Council, and there are numerous committees within the UN with responsibilities for safeguarding different human rights treaties. The United Nations Human Rights Council is an international body within the United Nations System. The most senior body of the UN with regard to human rights is the Office of the High Commissioner for Human Rights. The United Nations has an international mandate to:
| “ | . . . achieve international co-operation in solving international problems of an economic, social, cultural, or humanitarian character, and in promoting and encouraging respect for human rights and for fundamental freedoms for all without distinction as to race, sex, language, or religion. | ” |
—Article 1-3 of the United Nations Charter | ||
Human Rights Council
The United Nations Human Rights Council, created at the 2005 World Summit to replace the United Nations Commission on Human Rights, has a mandate to investigate violations of human rights. The United Nations Human Rights Council is an international body within the United Nations System. The 2005 World Summit, 14&ndash 16 September 2005, was a follow-up summit meeting to the United Nations ' 2000 Millennium Summit The United Nations Commission on Human Rights ( UNCHR) was a functional commission within the overall framework of the United Nations. [17] The Human Rights Council is a subsidiary body of the General Assembly[18] and reports directly to it. Membership For two articles dealing with membership in the General Assembly see General Assembly members It ranks below the Security Council, which is the final authority for the interpretation of the United Nations Charter. The United Nations Charter is the Treaty that forms and establishes the International organization called the United Nations. [19] Forty-seven of the one hundred ninety-one member states sit on the council, elected by simple majority in a secret ballot of the United Nations General Assembly. Membership For two articles dealing with membership in the General Assembly see General Assembly members Members serve a maximum of six years and may have their membership suspended for gross human rights abuses. The Council is based in Geneva, and meets three times a year; with additional meetings to respond to urgent situations. Geneva (Genève is the second-most populous city in Switzerland (after Zürich) and is the most populous city of Romandy (the French -speaking [20]
Independent experts (rapporteurs) are retained by the Council to investigate alleged human rights abuses and to provide the Council with reports.
The Human Rights Council may request that the Security Council take action when human rights violations occur. This action may be direct actions, may involve sanctions, and the Security Council may also refer cases to the International Criminal Court (ICC) even if the issue being referred is outside the normal jurisdiction of the ICC. The International Criminal Court ( ICC or ICCt) was established in 2002 as a permanent tribunal to prosecute individuals for Genocide, crimes against [21]
Security Council
The United Nations Security Council has the primary responsibility for maintaining international peace and security and is the only body of the UN that can authorize the use of force (including in the context of peace-keeping operations), or override member nations sovereignty by issuing binding Security Council resolutions. A United Nations Security Council Resolution is a United Nations resolution voted on by the fifteen members of the United Nations Security Council; the United Created by the UN Charter, it is classed as a Charter Body of the United Nations. The UN Charter gives the Security Council the power to:
- Investigate any situation threatening international peace;
- Recommend procedures for peaceful resolution of a dispute;
- Call upon other member nations to completely or partially interrupt economic relations as well as sea, air, postal, and radio communications, or to sever diplomatic relations; and
- Enforce its decisions militarily, if necessary.
The Security Council hears reports from all organs of the United Nations, and can take action over any issue which it feels threatens peace and security, including human rights issues. It has at times been criticised for failing to take action to prevent human rights abuses, including the Darfur crisis, the Srebrenica massacre and the Rwandan Genocide. The War in Darfur is a military conflict in the Darfur region of western Sudan. The Srebrenica Massacre, also known as Srebrenica Genocide, was the July 1995 killing of an estimated 8000 Bosniak men and boys in the region of Srebrenica The Rwandan Genocide was the 1994 mass killing of hundreds of thousands of Rwanda 's minority Tutsis and the moderates of its Hutu majority
The Rome Statute of the International Criminal Court recognizes the Security Council the power to refer cases to the Court, where the Court could not otherwise exercise jurisdiction. The Rome Statute of the International Criminal Court (often referred to as the International Criminal Court Statute or the Rome Statute) is the Treaty
Other UN Treaty Bodies
A modern interpretation of the original Declaration of Human Rights was made in the Vienna Declaration and Programme of Action adopted by the World Conference on Human Rights in 1993. The Vienna Declaration and Programme of Action, also known as VDPA, is a Human rights declaration adopted by consensus at the World Conference on Human Rights The degree of unanimity over these conventions, in terms of how many and which countries have ratified them varies, as does the degree to which they are respected by various states. The UN has set up a number of treaty-based bodies to monitor and study human rights, under the leadership of the UN High Commissioner for Human Rights (UNHCHR). The Office of the United Nations High Commissioner for Human Rights ( OHCHR) is a United Nations agency that works to promote and protect the human The bodies are committees of independent experts that monitor implementation of the core international human rights treaties. They are created by the treaty that they monitor.
- The Human Rights Committee promotes participation with the standards of the ICCPR. The Human Rights Committee is a United Nations body of 18 experts that meets three times a year to consider the five-yearly reports submitted by UN member states on their compliance The International Covenant on Civil and Political Rights is a United Nations Treaty based on the Universal Declaration of Human Rights, created in The eighteen members of the committee express opinions on member countries and make judgements on individual complaints against countries which have ratified the treaty. The judgements are not legally binding.
- The Committee on Economic, Cultural and Social Rights monitors the ICESCR and makes general comments on ratifying countries performance. The International Covenant on Economic Social and Cultural Rights (ICESCR is a multilateral Treaty adopted by the United Nations General Assembly on December It does not have the power to receive complaints.
- The Committee on the Elimination of Racial Discrimination monitors the CERD and conducts regular reviews of countries' performance. The International Convention on the Elimination of All Forms of Racial Discrimination (ICERD is a United Nations convention. It can make judgements on complaints, but these are not legally binding. It issues warnings to attempt to prevent serious contraventions of the convention.
- The Committee on the Elimination of Discrimination against Women monitors the CEDAW. The Convention on the Elimination of All Forms of Discrimination against Women ( CEDAW) is an international It receives states' reports on their performance and comments on them, and can make judgements on complaints against countries which have opted into the 1999 Optional Protocol.
- The Committee Against Torture monitors the CAT and receives states' reports on their performance every four years and comments on them. The United Nations Convention against Torture and Other Cruel Inhuman or Degrading Treatment or Punishment is an international human rights instrument, under the purview of It may visit and inspect individual countries with their consent.
- The Committee on the Rights of the Child monitors the CRC and makes comments on reports submitted by states every five years. The Committee on the Rights of the Child (CRC is the body of independent experts that monitors implementation of the United Nations Convention on the Rights of the Child The United Nations Convention on the Rights of the Child, often referred to as CRC or UNCRC, is an international convention setting out the civil political It does not have the power to receive complaints.
- The Committee on Migrant Workers was established in 2004 and monitors the ICRMW and makes comments on reports submitted by states every five years. The United Nations Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families is an international agreement governing the matters described in the title It will have the power to receive complaints of specific violations only once ten member states allow it.
Each treaty body receives secretariat support from the Treaties and Commission Branch of Office of the High Commissioner on Human Rights (OHCHR) in Geneva except CEDAW, which is supported by the Division for the Advancement of Women (DAW). CEDAW meets at United Nations headquarters in New York; the other treaty bodies generally meet at the United Nations Office in Geneva. The Human Rights Committee usually holds its March session in New York City.
International Committee of the Red Cross
Under the 1949 Geneva Conventions the International Committee of the Red Cross (ICRC) has legal status as a non-governmental sovereign entity. "ICRC" redirects here For other uses see ICRC (disambiguation. The Geneva Conventions consist of four Treaties formulated in Geneva, Switzerland, that set the standards for International law for humanitarian A Gold Sovereign is a Gold coin first issued in 1489 for Henry VII of England and still in production as of 2008 It has a mandate to be the controlling authority of International Humanitarian Law. International humanitarian law ( IHL) often referred to as the Laws of war, the laws and customs of war or the law of armed conflict
| “ | The International Committee of the Red Cross (ICRC) is an impartial, neutral, and independent organization whose exclusively humanitarian mission is to to protect the lives and dignity of victims of war and internal violence and to provide them with assistance. | ” |
—Mission of ICRC | ||
The ICRC directs and coordinates international relief and works to promote and strengthen humanitarian law and universal humanitarian principles. Humanitarian aid (also called succour) is material or logistical assistance provided for humanitarian purposes typically in response to humanitarian crises International humanitarian law ( IHL) often referred to as the Laws of war, the laws and customs of war or the law of armed conflict [22] The core tasks of the Committee, which are derived from the Geneva Conventions and its own statutes,[23] are the following:
- to monitor compliance of warring parties with the Geneva Conventions
- to organize nursing and care for those who are wounded on the battlefield
- to supervise the treatment of prisoners of war and make confidential interventions with detaining authorities
- to help with the search for missing persons in an armed conflict (tracing service)
- to organize protection and care for civil populations
- to act as a neutral intermediary between warring parties
The ICRC drew up seven fundamental principles in 1965 that were adopted by the entire Red Cross Movement. [24] They are humanity, impartiality, neutrality, independence, volunteerism, unity, and universality. [25]
Although the ICRC has no powers to enforce the rights enshrined in the Geneva Conventions, its statements carry significant force, and few countries or warring parties deny the ICRC access to the individuals it exists to protect. Doing so has a significant effect on public opinion and international standing and can be taken as an implicit admission of wrongdoing. That the manufacture of consent is capable of great refinements no one I think denies The initial refusal of the United States to admit the ICRC to its detention facility at Guantanamo Bay drew considerable international condemnation. [26][27]
Regional human rights
There are many regional agreements and organizations promoting and governing human rights. The list is incomplete please add known articles or create missing ones The following is a list of articles on the human rights records of the countries of National human rights institutions (NHRIs are administrative bodies set up in to protect or monitor Human rights in a given country
Africa
The African Union (AU) is a supranational union consisting of fifty-three African states. The situation of human rights in Africa is generally reported to be poor and it is seen as an area of grave concern according to the UN, governmental and non-governmental The African Union (abbreviated AU in English, and UA in its other working languages is a Confederation consisting of 53 African [28] Established in 2001, the AU's purpose is to help secure Africa's democracy, human rights, and a sustainable economy, especially by bringing an end to intra-African conflict and creating an effective common market. [29]
The African Commission on Human and Peoples' Rights (ACHPR) is a quasi-judicial organ of the African Union tasked with promoting and protecting human rights and collective (peoples') rights throughout the African continent as well as interpreting the African Charter on Human and Peoples' Rights and considering individual complaints of violations of the Charter. The African Commission on Human and Peoples' Rights ( ACHPR) is a Quasi-judicial body tasked with promoting and protecting Human rights and collective The Commission has three broad areas of responsibility:[30]
- Promoting human and peoples' rights
- Protecting human and peoples' rights
- Interpreting the African Charter on Human and Peoples' Rights
In pursuit of these goals, the Commission is mandated to "collect documents, undertake studies and researches on African problems in the field of human and peoples, rights, organise seminars, symposia and conferences, disseminate information, encourage national and local institutions concerned with human and peoples' rights and, should the case arise, give its views or make recommendations to governments" (Charter, Art. The African Charter on Human and Peoples' Rights (also known as the Banjul Charter) is an International human rights instrument that purports to promote and protect 45). [30]
With the creation of the African Court on Human and Peoples' Rights (under a protocol to the Charter which was adopted in 1998 and entered into force in January 2004), the Commission will have the additional task of preparing cases for submission to the Court's jurisdiction. The African Court on Human and Peoples' Rights is a regional court that rules on African Union states' compliance with the African Charter on Human and Peoples' Rights [31] In a July 2004 decision, the AU Assembly resolved that the future Court on Human and Peoples' Rights would be integrated with the African Court of Justice.
The Court of Justice of the African Union is intended to be the “principal judicial organ of the Union” (Protocol of the Court of Justice of the African Union, Article 2. The Court of Justice of the African Union is intended to be the “principal judicial organ of the Union” (Protocol of the Court of Justice of the African Union Article 2 2). [32] Although it has not yet been established, it is intended to take over the duties of the African Commission on Human and Peoples' Rights, as well as act as the supreme court of the African Union, interpreting all necessary laws and treaties. The Protocol establishing the African Court on Human and Peoples' Rights entered into force in January 2004[33] but its merging with the Court of Justice has delayed its establishment. The Protocol establishing the Court of Justice will come into force when ratified by 15 countries. [34]
There are many countries in Africa accused of human rights violations by the international community and NGOs. [35]
Americas
The Organization of American States (OAS) is an international organization, headquartered in Washington, D.C., United States. The Organization of American States ( OAS, or as it is known in the three other official languages OEA) is an International organization, headquartered The Organization of American States ( OAS, or as it is known in the three other official languages OEA) is an International organization, headquartered Washington DC ( formally the District of Columbia and commonly referred to as Washington, the District, or simply D The United States of America —commonly referred to as the Its members are the thirty-five independent states of the Americas. Over the course of the 1990s, with the end of the Cold War, the return to democracy in Latin America, and the thrust toward globalization, the OAS made major efforts to reinvent itself to fit the new context. Cold War is the state of conflict tension and competition that existed between the United States and the Soviet Union (USSR and their respective allies from the Globalization (or globalisation) in its literal sense is the process of transformation of local or regional phenomena into global ones Its stated priorities now include the following:[36]
- Strengthening democracy
- Working for peace
- Protecting human rights
- Combating corruption
- The rights of Indigenous Peoples
- Promoting sustainable development
The Inter-American Commission on Human Rights (the IACHR) is an autonomous organ of the Organization of American States, also based in Washington, D. C. Along with the Inter-American Court of Human Rights, based in San José, Costa Rica, it is one of the bodies that comprise the inter-American system for the promotion and protection of human rights. The Inter-American Court of Human Rights is an autonomous judicial institution based in the city of San José, Costa Rica. San José ( Spanish: San José; ˌsɑːn hɒˈsɛː is the capital and largest city of Costa Rica, and is at the heart of the sprawling Gran Area Metropolitana Costa Rica, officially the Republic of Costa Rica ( Spanish: Costa Rica or República de Costa Rica,) is a Country in [37] The IACHR is a permanent body which meets in regular and special sessions several times a year to examine allegations of human rights violations in the hemisphere. Its human rights duties stem from three documents:[38]
- the OAS Charter
- the American Declaration of the Rights and Duties of Man
- the American Convention on Human Rights
The Inter-Americal Court of Human Rights was established in 1979 with the purpose of enforcing and interpreting the provisions of the American Convention on Human Rights. The Charter of the Organization of the American States (otherwise known the Charter of the OAS) is a Pan-American treaty that sets out the creation of the Organization of All men are born free and equal in dignity and in rights and being endowed by nature with reason and conscience they should conduct themselves as brothers The American Convention on Human Rights (also known as the Pact of San José) is an international human rights instrument. Its two main functions are thus adjudicatory and advisory. Under the former, it hears and rules on the specific cases of human rights violations referred to it. Under the latter, it issues opinions on matters of legal interpretation brought to its attention by other OAS bodies or member states. [39]
Many countries in the Americas, such as the United States, Colombia, Cuba, and Venezuela, have been accused of human rights violations.
Asia
There are no Asia-wide organisations or conventions to promote or protect human rights. Human rights in Asia are described by region Human rights in East Asia Human rights in Central Asia Human rights in the Middle East The situation of human rights in East Asia varies between the region's countries which differ in history and political orientation as well as between contexts within each country The situation of human rights in Central Asia varies little between the region's countries but are often reported to be a cause of concern among many outsider observers governmental and Human rights in the Middle East are often reported to be a cause of concern among many outsider observers governmental and non-governmental. Countries vary widely in their approach to human rights and their record of human rights protection.
The Association of Southeast Asian Nations (ASEAN)[40] is a geo-political and economic organization of 10 countries located in Southeast Asia, which was formed in 1967 by Indonesia, Malaysia, the Philippines, Singapore and Thailand. The Association of Southeast Asian Nations, commonly referred to as ASEAN, ˈɑːsiːɑːn AH-see-ahn in English (the Official language The Republic of Indonesia ( (Republik Indonesia is a Country in Southeast Asia. For the biogeographical region see Malesia Malaysia (məˈleɪʒə or /məˈleɪziə/ is a country that consists of thirteen states and The Philippines ( Filipino: Pilipinas, officially known as the Republic of the Philippines (fil ''Republika ng Pilipinas'' RP Singapore The Kingdom of Thailand (ˈtaɪlænd ราชอาณาจักรไทย, râːtɕʰa-ʔaːnaːtɕɑ̀k-tʰɑj [41] The organisation now also includes Brunei, Vietnam, Laos, Myanmar and Cambodia. Brunei Darussalam, (bruːˈnaɪ in English officially the State of Brunei Abode of Peace (Negara Brunei Darussalam Jawi: برني دارالسلام Vietnam (ˌviːɛtˈnɑːm Việt Nam) officially Laos (ˈlɑːoʊs or /ˈlaʊs/ officially the Lao People's Democratic Republic, is a Landlocked country in Southeast Asia, bordered by Burma Burma, officially the Union of Myanmar ( pjìdàunzṵ mjàmmà nàinŋàndɔ̀ is the largest country by geographical area in mainland Southeast Asia. The Kingdom of Cambodia ( formerly known as Kampuchea (, transliterated: Preăh Réachéanachâkr Kâmpŭchea) is a country in South East [40] Its aims include the acceleration of economic growth, social progress, cultural development among its members, and the promotion of regional peace[40]
The South Asian Association for Regional Cooperation (SAARC) is an economic and political organization of eight countries in Southern Asia, representing almost 1. The South Asian Association for Regional Cooperation ( SAARC) is an economic and political organization of eight countries in Southern Asia. 5 billion people. It was established in 1985 by India, Pakistan, Bangladesh, Sri Lanka, Nepal, Maldives and Bhutan. India, officially the Republic of India (भारत गणराज्य inc-Latn Bhārat Gaṇarājya; see also other Indian languages) is a country Pakistan () officially the Islamic Republic of Pakistan, is a country located in South Asia, Southwest Asia, Middle East and ( Bengali: বাংলাদেশ inc-Latn Bangladesh) officially Sri Lanka, officially the Democratic Socialist Republic of Sri Lanka ( Sinhalese:, இலங்கை known as Ceylon before 1972 is an Island Nepal (नेपाल) is a Landlocked country in South Asia. The Maldives ( or, or Maldive Islands) officially the Republic of Maldives, is an Island nation consisting of a group of atolls stretching The Kingdom of Bhutan (buːˈtɑːn is a Landlocked nation in South Asia. In April 2007, at the Association's 14th summit, Afghanistan became its eighth member. Afghanistan /æfˈgænɪstæn/ officially the Islamic Republic of Afghanistan ( Pashto: د افغانستان اسلامي جمهوریت, [42]
The Cooperation Council for the Arab States of the Gulf (CCASG) is a trade bloc involving the six Arab states of the Persian Gulf, with many economic and social objectives. The Cooperation Council for the Arab States of the Gulf ( CCASG; مجلس التعاون لدول الخليج العربية also known as the Gulf Cooperation Council The Persian Gulf, in the Southwest Asian region is an extension of the Created in 1981, the Council comprises the Persian Gulf states of Bahrain, Kuwait, Oman, Qatar, Saudi Arabia and the United Arab Emirates. The Kingdom of Bahrain (in مملكة البحرين,, literally Kingdom of the Two Seas) is an Island country in the Persian Gulf The State of Kuwait ( دولة الكويت IPA [dawlatt̪ alkuwajt̪]) is a sovereign Arab Emirate on the coast of the Persian Gulf, enclosed Oman, officially the Sultanate of Oman ( Arabic: سلطنة عُمان) is an Arab Country in Southwest Asia on the southeast Qatar ( قطر; ˈqɑtˁɑr local pronunciation giṭar officially the State of Qatar (Arabic دولة قطر transliterated The Kingdom of Saudi Arabia, KSA ( المملكة العربية السعودية, al-Mamlaka al-ʻArabiyya as-Suʻūdiyya) or Suudi [43]
The Asia Cooperation Dialogue (ACD) is a body created in 2002 to promote Asian cooperation at a continental level, helping to integrate the previously separate regional organizations of political or economical cooperation. The Asia Cooperation Dialogue (ACD is a body created in 2002 to promote Asian cooperation at a continental level helping to integrate the previously separate regional organizations The main objectives of the ACD are as follows:[44]
- To promote interdependence among Asian countries in all areas of cooperation by identifying Asia's common strengths and opportunities which will help reduce poverty and improve the quality of life for Asian people whilst developing a knowledge-based society within Asia and enhancing community and people empowerment;
- To expand the trade and financial market within Asia and increase the bargaining power of Asian countries in lieu of competition and, in turn, enhance Asia's economic competitiveness in the global market;
- To serve as the missing link in Asian cooperation by building upon Asia's potentials and strengths through supplementing and complementing existing cooperative frameworks so as to become a viable partner for other regions;
- To ultimately transform the Asian continent into an Asian Community, capable of interacting with the rest of the world on a more equal footing and contributing more positively towards mutual peace and prosperity.
None of the above organisations have a specific mandate to promote or protect human rights, but each has some human rights related economic, social and cultural objectives. [45][44]
A number of Asian countries are accused of serious human rights abuses by the international community and human rights organisations. [46]
Europe
- See also: Human rights in the Soviet Union and Category:European Court of Human Rights cases
The Council of Europe, founded in 1949, is the oldest organisation working for European integration. The current human rights situation in Europe on the whole is believed by many to be good Soviet Union was a Single-party state where the Communist Party ruled the country The Council of Europe (Conseil de l'Europe is the oldest International organisation working towards European integration, being founded in 1949 It is an international organisation with legal personality recognised under public international law and has observer status with the United Nations. The seat of the Council of Europe is in Strasbourg in France. Strasbourg (Strasbourg stʁazbuʁ Alsatian: Strossburi,; Straßburg) is the capital and principal City of the Alsace région This article is about the country For a topic outline on this subject see List of basic France topics. The Council of Europe is responsible for both the European Convention on Human Rights and the European Court of Human Rights. The Convention for the Protection of Human Rights and Fundamental Freedoms (also called the "European Convention on Human Rights" and "ECHR" was adopted under the The European Court of Human Rights ( ECtHR) (Cour européenne des droits de l’homme in Strasbourg was established under the European Convention on Human Rights [47] These institutions bind the Council's members to a code of human rights which, though strict, are more lenient than those of the United Nations charter on human rights. The Council also promotes the European Charter for Regional or Minority Languages and the European Social Charter. The European Charter for Regional or Minority Languages ( ECRML) is a European Treaty (CETS 148 adopted in 1992 under the auspices of the Council of Europe The European Social Charter is a document signed by the members of the Council of Europe in Turin 18 October 1961 in which they agreed to secure to their populations the social rights [48] Membership is open to all European states which seek European integration, accept the principle of the rule of law and are able and willing to guarantee democracy, fundamental human rights and freedoms. European integration is the process of political legal economic (and in some cases social and cultural integration of European states including some states that are partly in Europe The rule of law, in its most basic form is the principle that no one is above the law Democracy is a form of government in which the supreme power is held completely by the people under a free electoral system Political freedom is the absence of interference with the sovereignty of an individual by the use of coercion or aggression [49]
The Council of Europe is separate from the European Union, but the latter is expected to accede to the European Convention and potentially the Council itself. The European Union ( EU) is a political and economic union of twenty-seven member states, located primarily in The EU also has a separate human rights document; the Charter of Fundamental Rights of the European Union. The Charter of Fundamental Rights of the European Union is a document containing Human rights provisions ‘solemnly proclaimed’ by the European Parliament [50]
The European Convention on Human Rights defines and guarantees since 1950 human rights and fundamental freedoms in Europe. [51] All 47 member states of the Council of Europe have signed this Convention and are therefore under the jurisdiction of the European Court of Human Rights in Strasbourg. [51] In order to prevent torture and inhuman or degrading treatment (Article 3 of the Convention), the Committee for the Prevention of Torture was established. The European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment or shortly Committee for the Prevention of Torture (CPT is the anti- [52]
The European Court of Human Rights is the only international court with jurisdiction to deal with cases brought by individuals (rather than states). [51]
Oceania
- See also: Human rights in Australia
There are no regional approaches or agreements on human rights for Oceania, but most countries have a well-regarded human rights record. Human rights in Australia are generally respected and recognised
Australia is the only western democracy with no constitutional or legislative bill of rights, but a number of laws have been enacted to protect human rights and the Constitution of Australia has been found to contain certain implied rights by the High Court. However, Australia has been criticised at various times for its immigration policies, treatment of asylum seekers, treatment of its indigenous population, and foreign policy.
Philosophies of human rights
Several theoretical approaches have been advanced to explain how and why human rights become part of social expectations. A right is a legal or moral Entitlement or Permission. Rights are of vital importance in theories of Justice and deontological ethics "Animal liberation" redirects here for other uses see Animal liberation (disambiguation. Children's rights are the Human rights of Children with particular attention to the rights of special protection and care afforded to the young including their Social equality is a social state of affairs in which all people within a specific society or isolated group have the same status in a certain respect The Fathers' rights movement has been characterized as a Civil rights movement whose members are primarily interested in issues affecting fathers and children related to Lesbian Gay Bisexual and Transgender social movements share related goals of social acceptance of Homosexuality, Bisexuality and Transgenderism Lesbian Group rights are the Rights held by a Group rather than by its members severally or rights held only by individuals within the specified group contrast with Individual rights refer to the Rights of Individuals in contrast with Group rights. Men’s rights are the freedoms inherently possessed by men and boys of all ages which may be institutionalized ignored or suppressed by law custom and behavior in a particular Some philosophers and political scientists make a distinction between negative and positive Rights, not to be confused with the similar but different distinction between Reproductive rights are Rights relating to reproduction and Reproductive health. The right of self-defense (also called alter ego defense, defense of others, defense of a third person) is the right for civilians acting on their The term "social rights" is sometimes used to distinguished those rights arising from the Social contract, akin to Natural rights arising from nature but before The division of Human rights into three generations was initially proposed in 1979 by the Czech jurist Karel Vasak at the International Institute of Labor rights or workers' rights are a group of Legal rights and claimed Human rights having to do with Labor relations between Workers Youth rights refers to a set of philosophies intended to enhance Civil rights for young people.
One of the oldest Western philosophies on human rights is that they are a product of a natural law, stemming from different philosophical or religious grounds.
Other theories hold that human rights codify moral behavior which is a human social product developed by a process of biological and social evolution (associated with Hume). David Hume (26 April 1711 25 August 1776 Scottish Philosopher, Economist, and Historian is an important figure in Western philosophy Human rights are also described as a sociological pattern of rule setting (as in the sociological theory of law and the work of Weber). Maximilian Carl Emil Weber (maks 'veːbɐ (21 April 1864 &ndash 14 June 1920 was a German political economist and sociologist who was considered These approaches include the notion that individuals in a society accept rules from legitimate authority in exchange for security and economic advantage (as in Rawls) - a social contract. John Rawls ( February 21, 1921 &ndash November 24, 2002) was an American Philosopher, a Professor of
Natural rights
Natural law theories base human rights on a “natural” moral, religious or even biological order that is independent of transitory human laws or traditions. Natural law or the law of nature ( Latin: lex naturalis) is a theory that posits the existence of a law whose content is set by Nature and that
Socrates and his philosophic heirs, Plato and Aristotle, posited the existence of natural justice or natural right (dikaion physikon, δικαιον φυσικον, Latin ius naturale). SOCRATES is the European Community action programme in the field of Education. Biography Early life Birth and family Plato was born in Athens Greece Aristotle (Greek Aristotélēs) (384 BC – 322 BC was a Greek philosopher a student of Plato and teacher of Alexander the Great. Natural justice or procedural fairness is a legal philosophy used in some jurisdictions in the determination of just or fair, processes in legal proceedings Latin ( lingua Latīna, laˈtiːna is an Italic language, historically spoken in Latium and Ancient Rome. Of these, Aristotle is often said to be the father of natural law,[53] although evidence for this is due largely to the interpretations of his work by Thomas Aquinas. [54]
The development of this tradition of natural justice into one of natural law is usually attributed to the Stoics. Stoicism, a school of Hellenistic philosophy, was founded in Athens by Zeno of Citium in the early third century BC [55]
Some of the early Church Fathers sought to incorporate the until then pagan concept of natural law into Christianity. The Church Fathers, Early Church Fathers, or Fathers of the Church are the early and influential theologians and writers in the Christian Church Paganism (from Latin paganus, meaning "country dweller rustic" is a word used to refer to various religions and religious beliefs from across the world Christianity ( Greek Χριστιανισμός from the word Xριστός ( Christ)is a monotheistic Religion centered on the life and teachings Natural law theories have featured greatly in the philosophies of Thomas Aquinas, Francisco Suárez, Richard Hooker, Thomas Hobbes, Hugo Grotius, Samuel von Pufendorf, and John Locke. Philosophy is the study of general problems concerning matters such as existence knowledge truth beauty justice validity mind and language Francisco Suárez ( 5 January 1548, Granada, Spain - 25 September 1617, Lisbon, Portugal) was a Richard Hooker (March 1554 – 3 November 1600) was an Anglican priest and an influential theologian. Thomas Hobbes (born 5 April 1588died 4 December 1679 was an English philosopher, whose famous 1651 book Leviathan established the foundation Hugo Grotius or Huig de Groot, or Hugo de Groot; ( Delft, 10 April 1583 Rostock, 28 August 1645 Baron Samuel von Pufendorf ( January 8, 1632 &ndash October 13, 1694) was a German Jurist, political Philosopher John Locke (29 August 1632 – 28 October 1704 was an English Philosopher.
In the Seventeenth century Thomas Hobbes founded a contractualist theory of legal positivism on what all men could agree upon: what they sought (happiness) was subject to contention, but a broad consensus could form around what they feared (violent death at the hands of another). Thomas Hobbes (born 5 April 1588died 4 December 1679 was an English philosopher, whose famous 1651 book Leviathan established the foundation Social contract describes a broad class of republican theories whose subjects are implied agreements by which people form Nations and maintain a Social order Legal positivism is a school of thought in Jurisprudence and the Philosophy of law. The natural law was how a rational human being, seeking to survive and prosper, would act. It was discovered by considering humankind's natural rights, whereas previously it could be said that natural rights were discovered by considering the natural law. In Hobbes' opinion, the only way natural law could prevail was for men to submit to the commands of the sovereign. In this lay the foundations of the theory of a social contract between the governed and the governor.
Hugo Grotius based his philosophy of international law on natural law. Hugo Grotius or Huig de Groot, or Hugo de Groot; ( Delft, 10 April 1583 Rostock, 28 August 1645 He wrote that "even the will of an omnipotent being cannot change or abrogate" natural law, which "would maintain its objective validity even if we should assume the impossible, that there is no God or that he does not care for human affairs. Omnipotence ( Omni Potens: "all Power " is unlimited power God is the principal or sole Deity in Religions and other belief systems that worship one deity. " (De iure belli ac pacis, Prolegomeni XI). This is the famous argument etiamsi daremus (non esse Deum), that made natural law no longer dependent on theology.
John Locke incorporated natural law into many of his theories and philosophy, especially in Two Treatises of Government. John Locke (29 August 1632 – 28 October 1704 was an English Philosopher. The Two Treatises of Government (or " Two Treatises of Government In the Former The False Principles and Foundation of Sir Robert Filmer And His Followers are Detected Locke turned Hobbes' prescription around, saying that if the ruler went against natural law and failed to protect "life, liberty, and property," people could justifiably overthrow the existing state and create a new one.
The Belgian philosopher of law Frank Van Dun is one among those who are elaborating a secular conception[56] of natural law in the liberal tradition. Frank Van Dun (born 1947 is a Belgian Law Philosopher and libertarian Natural law theorist There are also emerging and secular forms of natural law theory that define human rights as derivative of the notion of universal human dignity. [57]
The term "human rights" has replaced the term "natural rights" in popularity, because the rights are less and less frequently seen as requiring natural law for their existence. [58]
Social contract
The Swiss-French philosopher Jean-Jacques Rousseau suggested the existence of a hypothetical social contract where a group of free individuals agree for the sake of the common good to form institutions to govern themselves. This echoed the earlier postulation by Thomas Hobbes that there is a contract between the government and the governed - and led to John Locke's theory that a failure of the government to secure rights is a failure which justifies the removal of the government. Thomas Hobbes (born 5 April 1588died 4 December 1679 was an English philosopher, whose famous 1651 book Leviathan established the foundation John Locke (29 August 1632 – 28 October 1704 was an English Philosopher.
International equity expert Paul Finn has echoed this view:
| “ | the most fundamental fiduciary relationship in our society is manifestly that which exists between the community (the people) and the state, its agencies and officials. Equity is the name given to the set of legal principles in jurisdictions following the English common law tradition which supplement strict rules of law where An official is someone who holds an office (function or mandate, regardless whether it carries an actual working space with it in an Organisation or | ” |
—Paul Finn[59] | ||
The relationship between government and the governed in countries which follow the English law tradition is a fiduciary one. English law is the legal system of England and Wales, and is the basis of Common law legal systems used in most Commonwealth countriesand the fiduciary duty is a legal relationship of confidence or trust between two or more parties most commonly a fiduciary or Trustee and a principal In equity law, a politician's fiduciary obligations are not only comprised of duties of good faith and loyalty, but also include duties of skill and competence in managing a country and its people. Competence is a standardized requirement for an individual to properly perform a specific job. Originating from within the Courts of Equity, the fiduciary concept exists to prevent those holding positions of power from abusing their authority. The fiduciary relationship between government and the governed arises from the governments ability to control people with the exercise of its power. In effect, if a government has the power to abolish any rights, it is equally burdened with the fiduciary duty to protect such an interest because it would benefit from the exercise of its own discretion to extinguish rights which it alone had the power to dispose of. [59]
Reciprocity
The Golden Rule, or the ethic of reciprocity states that one must do unto others as one would be treated themselves; the principle being that reciprocal recognition and respect of rights ensures that one's own rights will be protected. The ethic of reciprocity is a fundamental moral Value which " refers to the balance in an interactive system such that each party has both rights and This principle can be found in all the world's major religions in only slightly differing forms, and was enshrined in the "Declaration Toward a Global Ethic" by the Parliament of the World's Religions in 1993. There have been several meetings referred to as a Parliament of the World’s Religions, most notably the World's Parliament of Religions of 1893 the first attempt to create
Other theories of human rights
The philosopher John Finnis argues that human rights are justifiable on the grounds of their instrumental value in creating the necessary conditions for human well-being. John Finnis (born 1940 is an Australian philosopher specializing in the Philosophy of law. [60][61] Interest theories highlight the duty to respect the rights of other individuals on grounds of self-interest:
| “ | Human rights law, applied to a State's own citizens serves the interest of states, by, for example, minimizing the risk of violent resistance and protest and by keeping the level of dissatisfaction with the government manageable | ” |
—Niraj Nathwani in Rethinking refugee law[62] | ||
The biological theory considers the comparative reproductive advantage of human social behavior based on empathy and altruism in the context of natural selection. Foundations of modern biology There are five unifying principles Altruism is selfless concern for the welfare of others It is a traditional Virtue in many cultures and central to many religious traditions Natural selection is the process by which favorable Heritable traits become more common in successive Generations of a Population of [63][64][65]
Human security is an emerging school of thought which challenges the traditional, state-based conception of security and argues that a people-focused approach to security is more appropriate in the modern interdependent world and would be more effective in advancing the security of individuals and societies across the globe. Human security is an emerging paradigm for understanding global vulnerabilities whose proponents challenge the traditional notion of National security by arguing that the proper Human security is an emerging paradigm for understanding global vulnerabilities whose proponents challenge the traditional notion of National security by arguing that the proper
Concepts in human rights
Indivisibility and categorization of rights
The most common categorization of human rights is to split them into civil and political rights, and economic, social and cultural rights.
Civil and political rights are enshrined in articles 3 to 21 of the Universal Declaration of Human Rights and in the ICCPR. Economic, social and cultural rights are enshrined in articles 22 to 28 of the Universal Declaration of Human Rights and in the ICESCR. The UDHR included both economic, social and cultural rights and civil and political rights because it was based on the principle that the different rights could only successfully exist in combination:
| “ | The ideal of free human beings enjoying civil and political freedom and freedom from fear and want can only be achieved if conditions are created whereby everyone may enjoy his civil and political rights, as well as his social, economic and cultural rights | ” |
—International Covenant on Civil and Political Rights and the International Covenant on Economic Social and Cultural Rights, 1966 | ||
This is held to be true because without civil and political rights the public cannot assert their economic, social and cultural rights. Similarly, without livelihoods and a working society, the public cannot assert or make use of civil or political rights (known as the full belly thesis)
Although accepted by the signaturies to the UDHR, most of them do not in practice give equal weight to the different types of rights. Western cultures have often given priority to civil and political rights, sometimes at the expense of economic and social rights such as the right to work, to education, health and housing. For example, in the United States there is no universal access to healthcare free at the point of use. Health care is the prevention treatment and management of illness and the preservation of mental health through the services offered by the medical, Nursing [66] That is not to say that Western cultures have overlooked these rights entirely (the welfare states that exist in Western Europe are evidence of this). Similarly the ex Soviet bloc countries and Asian countries have tended to give priority to economic, social and cultural rights, but have often failed to provide civil and political rights.
Opponents of the indivisibility of human rights argue that economic, social and cultural rights are fundamentally different from civil and political rights and require completely different approaches. Economic, social and cultural rights are argued to be:[67]
- positive, meaning that they require active provision of entitlements by the state (as opposed to the state being required only to prevent the breach of rights)
- resource-intensive, meaning that they are expensive and difficult to provide
- progressive, meaning that they will take significant time to implement
- vague, meaning they cannot be quantitatively measured, and whether they are adequately provided or not is difficult to judge
- ideologically divisive/political, meaning that there is no consensus on what should and shouldn't be provided as a right
- socialist, as opposed to capitalist
- non-justiciable, meaning that their provision, or the breach of them, cannot be judged in a court of law
- aspirations or goals, as opposed to real 'legal' rights
Similarly civil and political rights are categorized as:
- negative, meaning the state can protect them simply by taking no action
- cost-free
- immediate, meaning they can be immediately provided if the state decides to
- precise, meaning their provision is easy to judge and measure
- non-ideological/non-political
- capitalist
- justiciable
- real 'legal' rights
In The No-Nonsense Guide to Human Rights Olivia Ball and Paul Gready argue that for both civil and political rights and economic, social and cultural rights it is easy to find examples which do not fit into the above categorisation. Socialism refers to a broad set of economic theories of social organization advocating state or collective ownership and administration of the Means of production and distribution Capitalism is the Economic system in which the Means of production are owned by private Persons and operated for Profit and where Amongst several others, they highlight the fact that maintaining a judicial system, a fundamental requirement of the civil right to due process before the law and other rights relating to judicial process, is positive, resource-intensive, progressive and vague, while the social right to housing is precise, justiciable and can be a real 'legal' right. [15]
Another categorization, offered by Karel Vasak, is that there are three generations of human rights: first-generation civil and political rights (right to life and political participation), second-generation economic, social and cultural rights (right to subsistence) and third-generation solidarity rights (right to peace, right to clean environment). Karel Vašák is a Czech - French international official and university Professor. The division of Human rights into three generations was initially proposed in 1979 by the Czech jurist Karel Vasak at the International Institute of Out of these generations, the third generation is the most debated and lacks both legal and political recognition. This categorisation is at odds with the indivisibility of rights, as it implicitly states that some rights can exist without others. Prioritisation of rights for pragmatic reasons is however a widely accepted necessity. Human rights expert Philip Alston argues:
| “ | If every possible human rights element is deemed to be essential or necessary, then nothing will be treated as though it is truly important. Philip G Alston, John Norton Pomeroy Professor of Law is a prominent Australian Human rights thinker | ” |
—Philip Alston[68] | ||
He, and others, urge caution with prioritisation of rights:
| “ | . . . the call for prioritizing is not to suggest that any obvious violations of rights can be ignored. | ” |
—Philip Alston[68] | ||
| “ | Priorities, where necessary, should adhere to core concepts (such as reasonable attempts at progressive realization) and principles (such as non-discrimination, equality and participation. | ” |
—Olivia Ball, Paul Gready[69] | ||
Some human rights are said to be "inalienable rights. " The term inalienable rights (or unalienable rights) refers to "a set of human rights that are fundamental, are not awarded by human power, and cannot be surrendered. "
The adherence to the principle of indivisibility by the international community was reaffirmed in 1995:
| “ | All human rights are universal, indivisible and interdependent and related. The international community must treat human rights globally in a fair and equal manner, on the same footing, and with the same emphasis | ” |
—Vienna Declaration and Program of Action, World Conference on Human Rights, 1995]] | ||
This statement was again endorsed at the 2005 World Summit in New York (paragraph 121).
Universalism vs cultural relativism
The UDHR enshrines universal rights that apply to all humans equally, whichever geographical location, state, race or culture they belong to.
Proponents of cultural relativism argue for acceptance of different cultures, which may have practices conflicting with human rights.
For example female genital mutilation occurs in different cultures in Africa, Asia and South America. Female genital cutting (FGC also known as female genital mutilation (FGM female circumcision or female genital mutilation/cutting (FGM/C refers to South America is a Continent of the Americas, situated entirely in the Western Hemisphere and mostly in the Southern Hemisphere, with a It is not mandated by any religion, but has become a tradition in many cultures. It is considered a violation of women's and girl's rights by much of the international community, and is outlawed in some countries.
Universalism has been described by some as cultural, economic or political imperialism. In particular, the concept of human rights is often claimed to be fundamentally rooted in a politically liberal outlook which, although generally accepted in Europe, Japan or North America, is not necessarily taken as standard elsewhere. Liberalism is a broad array of related ideas and theories of Government that consider individual Liberty to be the most important political goal For a topic outline on this subject see List of basic Japan topics.
For example, in 1981, the Iranian representative to the United Nations, Said Rajaie-Khorassani, articulated the position of his country regarding the Universal Declaration of Human Rights by saying that the UDHR was "a secular understanding of the Judeo-Christian tradition", which could not be implemented by Muslims without trespassing the Islamic law. The United Nations ( UN) is an International organization whose stated aims are to facilitate cooperation in International law, International security Secularism is generally the assertion that governmental practices or institutions should exist separately from Religion or religious beliefs Judeo-Christian (or Judaeo-Christian, sometimes written as Judæo-Christian) is a term used to describe the body of concepts and values which are thought to be held [70] The former Prime Ministers of Singapore, Lee Kuan Yew, and of Malaysia, Mahathir bin Mohamad both claimed in the 1990s that Asian values were significantly different from western values and included a sense of loyalty and foregoing personal freedoms for the sake of social stability and prosperity, and therefore authoritarian government is more appropriate in Asia than democracy. Singapore Lee Kuan Yew, GCMG, CH ( born September 16 1923 also spelled Lee Kwan-Yew) is a Singaporean of Chinese immigrant background For the biogeographical region see Malesia Malaysia (məˈleɪʒə or /məˈleɪziə/ is a country that consists of thirteen states and Tun Dr Mahathir bin Mohamad (ma'ħɑðiɽ bin mʊħɑmmæd̚ (recorded as born on 20 December 1925 was the fourth Prime Minister of This view is countered by Mahathir's former deputy:
| “ | To say that freedom is Western or unAsian is to offend our traditions as well as our forefathers, who gave their lives in the struggle against tyranny and injustices. | ” |
—A Ibrabim in his keynote speech to the Asian Press Forum title Media and Society in Asia, 2 December 1994 | ||
and also by Singapore's opposition leader Chee Soon Juan who states that it is racist to assert that Asians do not want human rights. Events 1409 - The University of Leipzig opens 1755 - The second Eddystone Lighthouse is destroyed by fire Year 1994 ( MCMXCIV) was a Common year starting on Saturday (link will display full 1994 Gregorian calendar) Dr Chee Soon Juan ( born 1962 is the Secretary-General of the Singapore Democratic Party (SDP [71][72]
An appeal is often made to the fact that influential human rights thinkers, such as John Locke and John Stuart Mill, have all been Western and indeed that some were involved in the running of Empires themselves. John Locke (29 August 1632 – 28 October 1704 was an English Philosopher. John Stuart Mill (20 May 1806 &ndash 8 May 1873 British Philosopher, political economist, civil servant and Member of Parliament, was an influential An empire (from the Latin " Imperium " denoting military Command within the ancient Roman government) is a State that [73][74]
Cultural relativism is a self-detonating position; if cultural relativism is true, then universalism must also be true. Relativistic arguments also tend to neglect the fact that modern human rights are new to all cultures, dating back no further than the UDHR in 1948. They also don't account for the fact that the UDHR was drafted by people from many different cultures and traditions, including a US Roman Catholic, a Chinese Confucian philosopher, a French zionist and a representative from the Arab League, amongst others, and drew upon advice from thinkers such as Mahatma Gandhi. [11]
Michael Ignatieff has argued that cultural relativism is almost exclusively an argument used by those who wield power in cultures which commit human rights abuses, and that those who's human rights are compromised are the powerless. Michael Grant Ignatieff, MP (/ɪgˈnatʃəf/ (born May 12, 1947 in Toronto) is a Public intellectual, Historian, [75] This reflects the fact that the difficulty in judging universalism versus relativism lies in who is claiming to represent a particular culture.
Although the argument between universalism and relativism is far from complete, it is an academic discussion in that all international human rights instruments adhere to the principle that human rights are universally applicable. The 2005 World Summit reaffirmed the international community's adherence to this principle:
| “ | The universal nature of human rights and freedoms is beyond question. The 2005 World Summit, 14&ndash 16 September 2005, was a follow-up summit meeting to the United Nations ' 2000 Millennium Summit | ” |
—2005 World Summit, paragraph 120 | ||
State and non-state actors
Companies, NGOs, political parties, informal groups, and individuals are known as non-State actors. Non-State actors can also commit human rights abuses, but are not generally subject to human rights law other than under International Humanitarian Law, which applies to individuals. Also, certain national instruments such as the Human Rights Act 1998 (UK), impose human rights obligations on certain entities which are not traditionally considered as part of government ("public authorities"). The Human Rights Act 1998 is an Act of Parliament of the United Kingdom which received Royal Assent on 9 November 1998 and mostly came into force
Multi-national companies play an increasingly large role in the world, and are responsible for a large number of human rights abuses. Multinational corporation ( MNC) or transnational corporation ( TNC) is a Corporation or enterprise that manages Production or delivers [76] Although the legal and moral environment surrounding the actions of governments is reasonably well developed, that surrounding multi-national companies is both controversial and ill-defined. Multi-national companies' primary responsibility is to their shareholders, not to those affected by their actions. A mutual shareholder or stockholder is an Individual or company (including a Corporation) that legally owns one or more shares of Such companies may be larger than the economies of some the states within which they operate, and can wield significant economic and political power. No international treaties exist to specifically cover the behavior of companies with regard to human rights, and national legislation is very variable. Jean Ziegler, Special Rapporteur of the UN Commission on Human Rights on the right to food stated in a report in 2003:
| “ | the growing power of transnational corporations and their extension of power through privatization, deregulation and the rolling back of the State also mean that it is now time to develop binding legal norms that hold corporations to human rights standards and circumscribe potential abuses of their position of power. Jean Ziegler (born April 19, 1934) is a senior professor of Sociology at the University of Geneva and the The United Nations Commission on Human Rights ( UNCHR) was a functional commission within the overall framework of the United Nations. | ” |
—Jean Ziegler[77] | ||
In August 2003 the Human Rights Commission's Sub-Commission on the Promotion and Protection of Human Rights produced draft Norms on the responsibilities of transnational corporations and other business enterprises with regard to human rights. [78] These were considered by the Human Rights Commission in 2004, but have no binding status on corporations and are not monitored. [79]
Theory of value and property
- See also: Property
Henry of Ghent articulated the theory that every person has a property interest in their own body. Property is any physical or virtual entity that is owned by an individual Henry of Ghent (c 1217 – 1293 scholastic Philosopher, known as Doctor Solemnis (the Solemn Doctor also known as Henricus de Gandavo [80] John Locke uses the word property in both broad and narrow senses. John Locke (29 August 1632 – 28 October 1704 was an English Philosopher. In a broad sense, it covers a wide range of human interests and aspirations; more narrowly, it refers to material goods. He argues that property is a natural right and it is derived from labour. "[81] In addition, property precedes government and government cannot "dispose of the estates of the subjects arbitrarily. " To deny valid property rights according to Locke is to deny human rights. The British philosopher had significant impacts upon the development of the Government of the UK and was central to the fundamental founding philosophy of the United States. The United States of America —commonly referred to as the Karl Marx later critiqued Locke's theory of property in his Theories of Surplus Value, seeing the beginnings of a theory of surplus value in Locke's works. Surplus value is a concept created by Karl Marx in his critique of Political economy, where its ultimate source is unpaid Surplus labor In Locke's Second Treatise he argued that the right to own private property was unlimited as long as nobody took more than they could use without allowing any of their property to go to waste and that there were enough common resources of comparable quality available for others to create their own property. Locke did believe that some would be more "industrious and rational" than others and would amass more property, but believed this would not cause shortages. Though this system could work before the introduction of money, Marx argued in Theories of Surplus Value that Locke's system would break down and claimed money was a contradiction of the law of nature on which private property was founded. Money is anything that is generally accepted as Payment for Goods and services and repayment of Debts. [82]
Reproductive rights
Reproductive rights are a subset of human rights relating to sexual reproduction and reproductive health,[83][84][85] often held to include the right to control one's reproductive functions, such as the right to reproduce (as in opposition to compulsory sterilization and forced contraception), as well as the right to not reproduce (including support for access to birth control), the rights to privacy, medical coverage, contraception, family planning and protection from discrimination, harassment and gender-oriented harm. Reproductive rights are Rights relating to reproduction and Reproductive health. The Evolution of sexual reproduction is a major puzzle The first Fossilized evidence of sexually reproducing Organisms is from Eukaryotes of the Stenian Within the framework of WHO 's definition of Health as a state of complete physical mental and social well-being and not merely the absence of disease or infirmity reproductive Compulsory sterilization programs are government policies which attempt to force people to undergo surgical sterilization. Birth control, sometimes synonymous with contraception, is a regimen of one or more actions devices or Medications followed in order to deliberately prevent Family planning is frequently used to mean that people plan when to have children using Birth control, preconceptional counseling.
International discourse on reproductive rights first began with the United Nation's 1968 International Conference on Human Rights. The sixteenth article of the Proclamation of Tehran states, "Parents have a basic human right to determine freely and responsibly the number and the spacing of their children. "[83] Reproductive rights advocates work to secure affordable access to abortion, contraception, as well as education about contraception and sexually transmitted infections, and freedom from coerced sterilization and contraception, for both men and women. A sexually transmitted disease ( STD) or venereal disease ( VD) is an illness that has a significant probability of transmission between Humans In addition, many reproductive rights advocates, as well as many pro-life advocates, endeavor to protect all women from harmful gender-based practices. Overview See also Ethical aspects of abortion Pro-life individuals generally believe that human life should be valued either from conception or Implantation Examples include cultural practices such as female genital cutting, or FGC, as well as state, customary and religious laws that contribute to women's political and economic disenfranchisment. Female genital cutting (FGC also known as female genital mutilation (FGM female circumcision or female genital mutilation/cutting (FGM/C refers to [84][83][85]
Legal issues in human rights
Human rights vs national security
- See also: National security and Anti-terrorism legislation
With the exception of non-derogable human rights (international conventions class the right to life, the right to be free from slavery, the right to be free from torture and the right to be free from retroactive application of penal laws as non-derogable[86]), the UN recognises that human rights can be limited or even pushed aside during times of national emergency - although
| “ | the emergency must be actual, affect the whole population and the threat must be to the very existence of the nation. National security is the entire scope of measures undertaken by the Governments of Nation-states in providing assurance of national Sovereignty Anti-terrorism legislation designs all types of Laws passed in the purported aim of fighting Terrorism. The declaration of emergency must also be a last resort and a temporary measure | ” |
—United Nations. The Resource[86] | ||
Rights that cannot be derogated for reasons of national security in any circumstances are known as peremptory norms or jus cogens. A peremptory norm (also called jus cogens or ius cogens, Latin for "compelling law" is a fundamental principle of Such United Nations Charter obligations are binding on all states and cannot be modified by treaty. The United Nations Charter is the Treaty that forms and establishes the International organization called the United Nations.
Examples of national security being used to justify human rights violations include the Japanese American internment during World War II,[87] Stalin's Great Purge,[88] and the actual and alleged modern-day abuses of terror suspects rights by some western countries, often in the name of the so-called War on Terror. Japanese American internment refers to the forcible relocation and Internment of approximately 110000 Japanese nationals and Japanese Americans to housing World War II, or the Second World War, (often abbreviated WWII) was a global military conflict which involved a majority of the world's nations, including Great Purge (Большая чистка transliterated Bolshaya chistka) was a series of campaigns of Political repression and Persecution The War on Terrorism (also known as the War on Terror) is the common term for the military political and legal, and ideological conflict and specifically for U [89][90]
Legal instruments and jurisdiction
The human rights enshrined in the UDHR, the Geneva Conventions and the various enforced treaties of the United Nations are enforceable in law. In practice, many rights are very difficult to legally enforce due to the absence of consensus on the application of certain rights, the lack of relevant national legislation or of bodies empowered to take legal action to enforce them.
There exist a number of internationally recognized organisations with worldwide mandate or jurisdiction over certain aspects of human rights:
- The International Court of Justice is the United Nations' primary judiciary body. In Law, jurisdiction (from the Latin ius iuris meaning "law" and dicere meaning "to speak" is the practical Authority See also International Commission of Jurists The International Court of Justice (known colloquially as the World Court or ICJ; Cour The United Nations ( UN) is an International organization whose stated aims are to facilitate cooperation in International law, International security [91] It has worldwide jurisdiction. The International Court of Justice has Jurisdiction in two types of cases contentious issues between states in which the court produces binding rulings It is directed by the Security Council. See also International Commission of Jurists The International Court of Justice (known colloquially as the World Court or ICJ; Cour The ICJ settles disputes between nations. The ICJ does not have jurisdiction over individuals.
- The International Criminal Court is the body responsible for investigating and punishing war crimes, and crimes against humanity when such occur within its jurisdiction, with a mandate to bring to justice perpetrators of such crimes that occurred after its creation in 2002. The International Criminal Court ( ICC or ICCt) was established in 2002 as a permanent tribunal to prosecute individuals for Genocide, crimes against War crimes are "violations of the laws or customs of war" including but not limited to "murder the ill-treatment or deportation of civilian residents of an occupied In Public international law, a crime against humanity is an act of Persecution or any large scale atrocities against a body of people and is the highest level of A number of UN members have not joined the court and the ICC does not have jurisdiction over their citizens, and others have signed but not yet ratified the Rome Statute, which established the court. The Rome Statute of the International Criminal Court (often referred to as the International Criminal Court Statute or the Rome Statute) is the Treaty [92]
The ICC and other international courts (see regional human rights above) exist to take action where the national legal system of a state is unable to try the case itself. Human rights refers to the "basic Rights and freedoms to which all humans are entitled If national law is able to safeguard human rights and punish those who breach human rights legislation, it has primary jurisdiction by complementarity. Only when all local remedies have been exhausted does international law take effect. [93]
In over 110 countries national human rights institutions (NHRIs) have been set up to protect, promote or monitor human rights with jurisdiction in a given country. National human rights institutions (NHRIs are administrative bodies set up in to protect or monitor Human rights in a given country [94] Although not all NHRIs are compliant with the Paris Principles,[95] the number and effect of these institutions is increasing. [96] The Paris Principles were defined at the first International Workshop on National Institutions for the Promotion and Protection of Human Rights in Paris on 7-9 October 1991, and adopted by United Nations Human Rights Commission Resolution 1992/54 of 1992 and the General Assembly Resolution 48/134 of 1993. The Paris Principles were defined at the first International Workshop on National Institutions for the Promotion and Protection of Human Rights in Paris on 7 - The Paris Principles list a number of responsibilities for national institutions. [97]
Universal jurisdiction is a controversial principle in international law whereby states claim criminal jurisdiction over persons whose alleged crimes were committed outside the boundaries of the prosecuting state, regardless of nationality, country of residence, or any other relation with the prosecuting country. Universal jurisdiction or universality principle is a controversial principle in International law whereby States claim criminal Jurisdiction The state backs its claim on the grounds that the crime committed is considered a crime against all, which any state is authorized to punish. The concept of universal jurisdiction is therefore closely linked to the idea that certain international norms are erga omnes, or owed to the entire world community, as well as the concept of jus cogens. Erga omnes ( Latin: in relation to everyone is frequently used in legal terminology describing obligations or rights toward all. In 1993 Belgium passed a law of universal jurisdiction to give its courts jurisdiction over crimes against humanity in other countries, and in 1998 Augusto Pinochet was arrested in London following an indictment by Spanish judge Baltasar Garzón under the universal jurisdiction principle. The Kingdom of Belgium is a Country in northwest Europe. It is a founding member of the European Union and hosts its headquarters as well as those Augusto José Ramón Pinochet Ugarte (November London ( ˈlʌndən is the capital and largest urban area in the United Kingdom. Baltasar Garzón Real (born October 26, 1955 in Torres, Jaén, Spain) is a Judge in Spain. [98] The principle is supported by Amnesty International and other human rights organisations as they believe certain crimes pose a threat to the international community as a whole and the community has a moral duty to act, but others, including Henry Kissinger argue that "widespread agreement that human rights violations and crimes against humanity must be prosecuted has hindered active consideration of the proper role of international courts. Amnesty International (commonly known as Amnesty or AI) is a Western based international Non-governmental organization which defines its mission as "to List of human rights articles by country|National human rights institutions The list is incomplete please add known articles or create Henry Alfred Kissinger (born Heinz Alfred Kissinger on May 27, 1923) is a German -born American bureaucrat diplomat and 1973 Universal jurisdiction risks creating universal tyranny -- that of judges". [99]
Human rights violations
- See also: Genocides in history
Human rights violations occur when any state or non-state actor breaches any part of the UDHR treaty or other international human rights or humanitarian law. Aung San Suu Kyi ( àunsʰánsṵtʃì born 19 June 1945 in Rangoon, is a pro- Democracy activist and leader of the National League for Prisoner of conscience (POC is a term coined by the human rights group Amnesty International in the early 1960s Democracy is a form of government in which the supreme power is held completely by the people under a free electoral system Burma, officially the Union of Myanmar ( pjìdàunzṵ mjàmmà nàinŋàndɔ̀ is the largest country by geographical area in mainland Southeast Asia. Genocide is the mass killing of a group of people as defined by Article 2 of the Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG as "any of In regard to human rights violations of United Nations laws. The United Nations ( UN) is an International organization whose stated aims are to facilitate cooperation in International law, International security Article 39 of the United Nations Charter designates the UN Security Council (or an appointed authority) as the only tribunal that may determine UN human rights violations. The United Nations Charter is the Treaty that forms and establishes the International organization called the United Nations.
Human rights abuses are monitored by United Nations committees, national institutions and governments and by many independent non-governmental organizations, such as Amnesty International, Human Rights Watch, World Organisation Against Torture, Freedom House, International Freedom of Expression Exchange and Anti-Slavery International. Amnesty International (commonly known as Amnesty or AI) is a Western based international Non-governmental organization which defines its mission as "to Human Rights Watch is a United States -based international Non-governmental organization that conducts research and advocacy on Human rights. The World Organisation Against Torture (Organisation Mondiale Contre la Torture OMCT is the world’s largest coalition of non-governmental organisations fighting against Arbitrary Freedom House is a United States -based international Non-governmental organization that conducts research and advocacy on Democracy, political The International Freedom of Expression Exchange ( IFEX) founded in 1992 is a global network of 81 non-governmental organisations that promotes and defends the right Anti-Slavery International is a charity and lobby group based in the United Kingdom. These organisations collect evidence and documentation of alleged human rights abuses and apply pressure to enforce human rights laws.
Only a very few countries do not commit significant human rights violations, according to Amnesty International. In their 2004 human rights report (covering 2003), the Netherlands, Norway, Denmark, Iceland and Costa Rica are the only (mappable) countries that did not (in their opinion) violate at least some human rights significantly. The Netherlands ( Dutch:, ˈnedərlɑnt is the European part of the Kingdom of the Netherlands, which consists of the Netherlands the Netherlands Norway ( Norwegian: Norge ( Bokmål) or Noreg ( Nynorsk) officially the Kingdom of Norway, is a Constitutional The Kingdom of Denmark ( ˈd̥ænmɑɡ̊ (archaic ˈd̥anmɑːɡ̊ commonly known as Denmark, is a country in the Scandinavian region of northern Europe Iceland, officially the Republic of Iceland ( ( Ísland or Lýðveldið Ísland ( Costa Rica, officially the Republic of Costa Rica ( Spanish: Costa Rica or República de Costa Rica,) is a Country in [100]
There are a wide variety of databases available which attempt to measure, in a rigorous fashion, exactly what violations governments commit against those within their territorial jurisdiction. An example of this is the list created and maintained by Prof. Christian Davenport at the University of Maryland. [101]
Wars of aggression, war crimes and crimes against humanity, including genocide, are breaches of International humanitarian law and represent the most serious of human rights violations. War crimes are "violations of the laws or customs of war" including but not limited to "murder the ill-treatment or deportation of civilian residents of an occupied In Public international law, a crime against humanity is an act of Persecution or any large scale atrocities against a body of people and is the highest level of Genocide is the deliberate and systematic destruction in whole or in part of an ethnic racial religious or national group International humanitarian law ( IHL) often referred to as the Laws of war, the laws and customs of war or the law of armed conflict
When a government closes a geographical region to journalists, it raises suspicions of human rights violations. Seven regions are currently closed to foreign journalists:
- Chechnya, Russia [8]
- Jaffna, Sri Lanka [9]
- Myanmar (Burma)
- North Korea
- Papua, Indonesia [10]
- Peshawar, Pakistan [11]
- Tibet, People's Republic of China [12]
Currently debated rights
With the advances of technology, medicine, and human philosophy, the status quo of human rights thinking is constantly challenged. Status quo is a Latin term meaning the present existing state of affairs or "the state in which" New, unforeseen possibilities and events occur, which can affect existing rights or potentially require new ones.
Water
- See also: Water politics and Right to water
There is no current universal human right to water, binding or not, enshrined by the United Nations or any other multilateral body. Water politics, sometimes called hydropolitics, is Politics affected by Water and Water resources. This article discusses a right to water as a human right under international law. In November 2002, the United Nations Committee on Economic, Social and Cultural Rights issued a non-binding comment affirming that access to water was a human right:
| “ | the human right to water is indispensable for leading a life in human dignity. It is a prerequisite for the realization of other human rights. | ” |
—United Nations Committee on Economic, Social and Cultural Rights | ||
This principle was reaffirmed at the 3rd and 4th World Water Councils in 2003 and 2006. The World Water Council is an international multi stakeholder platform This marks a departure from the conclusions of the 2nd World Water Forum in The Hague in 2000, which stated that water was a commodity to be bought and sold, not a right. [102] There are calls from many NGOs and politicians to enshrine access to water as a binding human right, and not as a commodity. [103]
Fetal rights
Proposed rights of the fetus have been a controversial subject. Currently, human rights only apply to individuals. The point at which a fetus is considered to be an individual is disputed by pro-life and pro-choice groups in particular. Overview See also Ethical aspects of abortion Pro-life individuals generally believe that human life should be valued either from conception or Implantation Overview See also Ethical aspects of abortion Pro-choice advocates emphasize their beliefs that having a child is a personal choice that affects a woman's body and Those who are pro-life believe that an individual's life begins at the moment of conception, or at the time of implantation, and therefore believe that the fetus has equal rights to any other person. Others, including many pro-choice groups, argue that until the point at which the fetus is viable (or could survive alone), typically marked somewhere within the third trimester, the rights of the fetus are secondary to and dependent upon those of the mother.
Environmental rights
The onset of global warming and a heightened knowledge of environmentalism has created potential conflicts between different human rights. Global warming is the increase in the average measured temperature of the Environmentalism is a broad philosophy and Social movement centered on a concern for the conservation and improvement of the environment. Human rights ultimately require a working ecosystem and healthy environment, but the granting of certain rights to individuals may damage these. In the area of environmental rights, the responsibilities of multi-national corporations, so far relatively unaddressed by human rights legislation, is of paramount consideration.
Future rights
Future technological advances, such as the possibility of mass space travel, the advances in the internet and the possibility of access to huge amounts of information, and others, all raise the possibility of new rights.
In Britain of late, reformers have demanded a new Supreme Court-enforceable Bill of Rights to protect a much wider range of economic, political, judicial, communication, and personal rights and freedoms than are currently protected under basic law. [104]
See also
- List of human rights organisations
- Global governance
- Human responsibilities
- Freedom (political)
- Economic freedom
- Discrimination
- Human security
Notes
- ^ Houghton Miffin Company (2006)
- ^ Universal Declaration of Human Rights adopted by General Assembly resolution 217 A (III) of 10 December 1948. List of human rights articles by country|National human rights institutions The list is incomplete please add known articles or create Global governance is the political interaction of transnational actors aimed at solving problems that affect more than one state or region when there is no power of enforcing compliance Human Responsibilities refers to universal Responsibilities of Human beings regardless of Jurisdiction or other factors such as Ethnicity, Political freedom is the absence of interference with the sovereignty of an individual by the use of coercion or aggression Economic freedom is freedom to produce trade and consume any goods and services acquired without the use of force fraud or theft Unlike most discrimination policies discrimination between, which is the discernment of qualities and recognition of the differences focused here discrimination against is Human security is an emerging paradigm for understanding global vulnerabilities whose proponents challenge the traditional notion of National security by arguing that the proper
- ^ See:
- Firestone (1999) p. 118;
- "Muhammad", Encyclopedia of Islam Online
- ^ See:
- Watt, Muhammad at Medina
- R. B. Serjeant (1964), "The Constitution of Medina", Islamic Quarterly 8, p. 4
- ^ Mayer (2000) p. 110
- ^ Eleanor Roosevelt: Address to the United Nations General Assembly 10 December 1948 in Paris, France
- ^ (A/RES/217, 1948-12-10 at Palais de Chaillot, Paris)
- ^ Ball, Gready
- ^ a b c d Glendon, Mary Ann (July 2004). Events 1041 - Empress Zoe of Byzantium elevates her adoptive son to the throne of the Eastern Roman Empire as Michael V Year 1948 ( MCMXLVIII) was a Leap year starting on Thursday (link will display the 1948 calendar of the Gregorian calendar. "The Rule of Law in The Universal Declaration of Human Rights". Northwestern University Journal of International Human Rights 2.
- ^ Glendon (2001)
- ^ a b c Ball, Gready (2007) p. 34
- ^ Ball, Gready (2007) p. 35
- ^ Littman, David G. (19 January 2003). Events 1419 - Hundred Years' War: Rouen surrenders to Henry V of England completing his reconquest of Normandy. Year 2003 ( MMIII) was a Common year starting on Wednesday of the Gregorian calendar. "Human Rights and Human Wrongs". “The principal aim of the 1948 Universal Declaration of Human Rights (UDHR) was to create a framework for a universal code based on mutual consent. The early years of the United Nations were overshadowed by the division between the Western and Communist conceptions of human rights, although neither side called into question the concept of universality. The debate centered on which "rights" — political, economic, and social — were to be included among the Universal Instruments”
- ^ This does not include the Vatican, which although recognised as an independent state, is not a member of the UN
- ^ a b Ball, Gready (2007) p. 37
- ^ Ball, Gready (2007) p. 92
- ^ "United Nations Rights Council Page", United Nations News Page.
- ^ The United Nations System.
- ^ UN Charter, Article 39
- ^ Ball, Gready (2007) p. 95
- ^ The Security Council referred the human rights situation in Darfur in Sudan to the ICC despite the fact that Sudan has a functioning legal system
- ^ ICRC: The Mission (7 May 2006). Darfur (دار فور daar foor, lit "realm of the Fur " is a region in Sudan. Sudan (officially the Republic of Sudan) ( السودان al-Sūdān is a country in northeastern Africa. Events 558 - In Constantinople, the dome of the Hagia Sophia collapses Year 2006 ( MMVI) was a Common year starting on Sunday of the Gregorian calendar. Retrieved on 2007-12-29. Year 2007 ( MMVII) was a Common year starting on Monday of the Gregorian calendar in the 21st century. Events 1170 - Thomas Becket: Thomas Becket Archbishop of Canterbury is assassinated inside Canterbury Cathedral by followers of King Henry II
- ^ The Statutes of the ICRC. Retrieved on 2007-12-29. Year 2007 ( MMVII) was a Common year starting on Monday of the Gregorian calendar in the 21st century. Events 1170 - Thomas Becket: Thomas Becket Archbishop of Canterbury is assassinated inside Canterbury Cathedral by followers of King Henry II
- ^ Forsythe (2005) p. 161
- ^ ICRC: The Fundamental Principles (1 January 1995). New Year See also New Year The Ancient Romans began their consular year on January 1st since 153 BC Year 1995 ( MCMXCV) was a Common year starting on Sunday. Events of 1995 Retrieved on 2007-12-28. Year 2007 ( MMVII) was a Common year starting on Monday of the Gregorian calendar in the 21st century. Events 1065 - Westminster Abbey is Consecrated. 1308 - The reign of Emperor Hanazono, Emperor of
- ^ ICRC Operational Update, 26 July 2004
- ^ UNITED STATES OF AMERICA: Human dignity denied. Torture and accountability in the ‘war on terror’. Events 657 - Battle of Siffin. 811 - Battle of Pliska; Byzantine Emperor Nicephorus "MMIV" redirects here For the Modest Mouse album see " Baron von Bullshit Rides Again " Amnesty International. Retrieved on 2007-12-28. Year 2007 ( MMVII) was a Common year starting on Monday of the Gregorian calendar in the 21st century. Events 1065 - Westminster Abbey is Consecrated. 1308 - The reign of Emperor Hanazono, Emperor of
- ^ AU Member States. African Union. Retrieved on 2008-01-03. 2008 ( MMVIII) is the current year in accordance with the Gregorian calendar, a Leap year that started on Tuesday of the Common Events 1431 - Joan of Arc is handed over to the Bishop Pierre Cauchon.
- ^ AU in a Nutshell. Retrieved on 2008-01-03. 2008 ( MMVIII) is the current year in accordance with the Gregorian calendar, a Leap year that started on Tuesday of the Common Events 1431 - Joan of Arc is handed over to the Bishop Pierre Cauchon.
- ^ a b Mandate of the African Commission on Human and Peoples' Rights. Retrieved on 2008-01-03. 2008 ( MMVIII) is the current year in accordance with the Gregorian calendar, a Leap year that started on Tuesday of the Common Events 1431 - Joan of Arc is handed over to the Bishop Pierre Cauchon.
- ^ PROTOCOL TO THE AFRICAN CHARTER ON HUMAN AND PEOPLES` RIGHTS ON THE ESTABLISHMENT OF AN AFRICAN COURT ON HUMAN AND PEOPLES` RIGHTS. Retrieved on 2008-01-03. 2008 ( MMVIII) is the current year in accordance with the Gregorian calendar, a Leap year that started on Tuesday of the Common Events 1431 - Joan of Arc is handed over to the Bishop Pierre Cauchon.
- ^ PROTOCOL OF THE COURT OF JUSTICE OF THE AFRICAN UNION. African Union.
- ^ Open Letter to the Chairman of the African Union (AU) seeking clarifications and assurances that the Establishment of an effective African Court on Human and Peoples’ Rights will not be delayed or undermined. Amnesty International (5 August 2004). Events 642 - Battle of Maserfield - Penda of Mercia defeats and kills Oswald of Bernicia. "MMIV" redirects here For the Modest Mouse album see " Baron von Bullshit Rides Again "
- ^ African Court of Justice. African International Courts and Tribunals. Retrieved on 2008-01-03. 2008 ( MMVIII) is the current year in accordance with the Gregorian calendar, a Leap year that started on Tuesday of the Common Events 1431 - Joan of Arc is handed over to the Bishop Pierre Cauchon.
- ^ Human Rights Watch Africa. Retrieved on 2008-01-03. 2008 ( MMVIII) is the current year in accordance with the Gregorian calendar, a Leap year that started on Tuesday of the Common Events 1431 - Joan of Arc is handed over to the Bishop Pierre Cauchon.
- ^ OAS Key Issues. Retrieved on 2008-01-03. 2008 ( MMVIII) is the current year in accordance with the Gregorian calendar, a Leap year that started on Tuesday of the Common Events 1431 - Joan of Arc is handed over to the Bishop Pierre Cauchon.
- ^ Directory of OAS Authorities. Organization of American States. Retrieved on 2008-01-03. 2008 ( MMVIII) is the current year in accordance with the Gregorian calendar, a Leap year that started on Tuesday of the Common Events 1431 - Joan of Arc is handed over to the Bishop Pierre Cauchon.
- ^ What is the IACHR?. Inter-Americal Commission on Human Rights. Retrieved on 2008-01-03. 2008 ( MMVIII) is the current year in accordance with the Gregorian calendar, a Leap year that started on Tuesday of the Common Events 1431 - Joan of Arc is handed over to the Bishop Pierre Cauchon.
- ^ Inter-American Court on Human Rights homepage. Inter-American Court on Human Rights. Retrieved on 2008-01-03. 2008 ( MMVIII) is the current year in accordance with the Gregorian calendar, a Leap year that started on Tuesday of the Common Events 1431 - Joan of Arc is handed over to the Bishop Pierre Cauchon.
- ^ a b c Overview ASSOCIATION OF SOUTHEAST ASIAN NATIONS. Retrieved on 2008-01-03. 2008 ( MMVIII) is the current year in accordance with the Gregorian calendar, a Leap year that started on Tuesday of the Common Events 1431 - Joan of Arc is handed over to the Bishop Pierre Cauchon.
- ^ Bangkok Declaration. Wikisource. Retrieved March 14, 2007
- ^ South Asian Association for Regional Cooperation homepage. Events 1489 - The Queen of Cyprus, Catherine Cornaro, sells her kingdom to Venice. Year 2007 ( MMVII) was a Common year starting on Monday of the Gregorian calendar in the 21st century. Retrieved on 2008-01-03. 2008 ( MMVIII) is the current year in accordance with the Gregorian calendar, a Leap year that started on Tuesday of the Common Events 1431 - Joan of Arc is handed over to the Bishop Pierre Cauchon.
- ^ The Concept and Foundations and Objectives of the CCASG. Retrieved on 2008-01-03. 2008 ( MMVIII) is the current year in accordance with the Gregorian calendar, a Leap year that started on Tuesday of the Common Events 1431 - Joan of Arc is handed over to the Bishop Pierre Cauchon.
- ^ a b About the Asia Cooperation Dialogue. Asia Cooperation Dialogue. Retrieved on 2008-01-03. 2008 ( MMVIII) is the current year in accordance with the Gregorian calendar, a Leap year that started on Tuesday of the Common Events 1431 - Joan of Arc is handed over to the Bishop Pierre Cauchon.
- ^ Charter of CCASG. Retrieved on 2008-01-03. 2008 ( MMVIII) is the current year in accordance with the Gregorian calendar, a Leap year that started on Tuesday of the Common Events 1431 - Joan of Arc is handed over to the Bishop Pierre Cauchon.
- ^ Human Rights Watch Asia. Retrieved on 2008-01-03. 2008 ( MMVIII) is the current year in accordance with the Gregorian calendar, a Leap year that started on Tuesday of the Common Events 1431 - Joan of Arc is handed over to the Bishop Pierre Cauchon.
- ^ Council of Europe Human Rights. Council of Europe. Retrieved on 2008-01-04. 2008 ( MMVIII) is the current year in accordance with the Gregorian calendar, a Leap year that started on Tuesday of the Common Events 46 BC - Titus Labienus defeats Julius Caesar in the Battle of Ruspina.
- ^ Social Charter. Council of Europe. Retrieved on 2008-01-04. 2008 ( MMVIII) is the current year in accordance with the Gregorian calendar, a Leap year that started on Tuesday of the Common Events 46 BC - Titus Labienus defeats Julius Caesar in the Battle of Ruspina.
- ^ The Council of Europe in Brief. Retrieved on 2008-01-04. 2008 ( MMVIII) is the current year in accordance with the Gregorian calendar, a Leap year that started on Tuesday of the Common Events 46 BC - Titus Labienus defeats Julius Caesar in the Battle of Ruspina.
- ^ Juncker, Jean-Claude (11 April 2006). Events 491 - Flavius Anastasius becomes Byzantine Emperor, with the name of Anastasius I. Year 2006 ( MMVI) was a Common year starting on Sunday of the Gregorian calendar. Council of Europe - European Union: "A sole ambition for the European Continent". Council of Europe. Retrieved on 2008-01-04. 2008 ( MMVIII) is the current year in accordance with the Gregorian calendar, a Leap year that started on Tuesday of the Common Events 46 BC - Titus Labienus defeats Julius Caesar in the Battle of Ruspina.
- ^ a b c Historical Background to the European Court of Human Rights. European Court of Human Rights. Retrieved on 2008-01-04. 2008 ( MMVIII) is the current year in accordance with the Gregorian calendar, a Leap year that started on Tuesday of the Common Events 46 BC - Titus Labienus defeats Julius Caesar in the Battle of Ruspina.
- ^ About the European Committee for the Prevention of Torture. European Committee for the Prevention of Torture. Retrieved on 2008-01-04. 2008 ( MMVIII) is the current year in accordance with the Gregorian calendar, a Leap year that started on Tuesday of the Common Events 46 BC - Titus Labienus defeats Julius Caesar in the Battle of Ruspina.
- ^ Shellens (1959)
- ^ Jaffa (1979)
- ^ Sills (1968, 1972) Natural Law
- ^ van Dun, Frank. Natural Law. Retrieved on 2007-12-28. Year 2007 ( MMVII) was a Common year starting on Monday of the Gregorian calendar in the 21st century. Events 1065 - Westminster Abbey is Consecrated. 1308 - The reign of Emperor Hanazono, Emperor of
- ^ Kohen (2007)
- ^ Weston, Burns H. . Human Rights. Encyclopedia Britannica Online, p. 2. Retrieved on 2006-05-18. Year 2006 ( MMVI) was a Common year starting on Sunday of the Gregorian calendar. Events 1152 - Henry II of England marries Eleanor of Aquitaine.
- ^ a b Salevao (2005) p. 76
- ^ Fagan, Andrew (2006). Human Rights. The Internet Encyclopedia of Philosophy. Retrieved on 2008-01-01. 2008 ( MMVIII) is the current year in accordance with the Gregorian calendar, a Leap year that started on Tuesday of the Common New Year See also New Year The Ancient Romans began their consular year on January 1st since 153 BC
- ^ Finnis (1980)
- ^ Nathwani (2003) p. 25
- ^ Arnhart (1998)
- ^ Clayton, Schloss (2004)
- ^ Paul, Miller, Paul (2001): Arnhart, Larry. Thomistic Natural Law as Darwinian Natural Right p. 1
- ^ Light (2002)
- ^ Scott (1989
- ^ a b Alston (2005)
- ^ Ball, Gready. (2007) p. 42
- ^ Littman (1999)
- ^ Ball, Gready (2007) p. 25
- ^ Chee, S. J. (3 July 2003). Events 324 - Battle of Adrianople Constantine I defeats Licinius, who flees to Byzantium. Year 2003 ( MMIII) was a Common year starting on Wednesday of the Gregorian calendar. Human Rights: Dirty Words in Singapore. Activating Human Rights and Diversity Conference (Byron Bay, Australia).
- ^ Tunick (2006)
- ^ Beate (2005)
- ^ Ignatief, M. (2001) p. 68
- ^ Corporations and Human Rights. Human Rights Watch. Retrieved on 2008-01-03. 2008 ( MMVIII) is the current year in accordance with the Gregorian calendar, a Leap year that started on Tuesday of the Common Events 1431 - Joan of Arc is handed over to the Bishop Pierre Cauchon.
- ^ Transnational corporations should be held to human rights standards - UN expert. UN News Centre (13 October 2003). Events 54 - Nero ascends to the Roman throne 409 - Vandals and Alans crossed the Pyrenees Year 2003 ( MMIII) was a Common year starting on Wednesday of the Gregorian calendar. Retrieved on 2008-01-03. 2008 ( MMVIII) is the current year in accordance with the Gregorian calendar, a Leap year that started on Tuesday of the Common Events 1431 - Joan of Arc is handed over to the Bishop Pierre Cauchon.
- ^ Norms on the responsibilities of transnational corporations and other business enterprises with regard to human rights. UN Sub-Commission on the Promotion and Protection of Human Rights. Retrieved on 2008-01-03. 2008 ( MMVIII) is the current year in accordance with the Gregorian calendar, a Leap year that started on Tuesday of the Common Events 1431 - Joan of Arc is handed over to the Bishop Pierre Cauchon.
- ^ REPORT TO THE ECONOMIC AND SOCIAL COUNCIL ON THE SIXTIETH SESSION OF THE COMMISSION (E/CN.4/2004/L.11/Add.7). United Nations Commission on Human Rights. Retrieved on 2008-01-03. 2008 ( MMVIII) is the current year in accordance with the Gregorian calendar, a Leap year that started on Tuesday of the Common Events 1431 - Joan of Arc is handed over to the Bishop Pierre Cauchon.
- ^ Tierney (1997)
- ^ http://en.wikipedia.org/wiki/John_Locke
- ^ Vaughn (1978)
- ^ a b c Freedman (1993) "The first comprehensive statement of human rights, the Universal Declaration of Human Rights, adopted by the UN General Assembly in 1948, failed to mention reproductive rights at all. It was not until 20 years later, at the international human rights conference held in Teheran in 1968, that human reproduction became a subject of international legal concern. The Final Act of the Teheran conference included a provision stating "Parents have a basic human right to decide freely and responsibly on the number and spacing of their children and a right to adequate education and information in this respect (United Nations, 1968)"
- ^ a b Cook, Fathalla (1996) "The Declaration and Platform for Action adopted by 187 UN member states in Beijing reaffirm the Cairo Programme's definition of reproductive health [para. 94], but advance women's wider interests: The human rights of women include their right to have control over and decide freely and responsibly on matters related to their sexuality, including sexual and reproductive health, free of coercion, discrimination and violence. Equal relationships between women and men in matters of sexual relations and reproduction, including full respect for the integrity of the person, require mutual respect, consent and shared responsibility for sexual behavior and its consequences [para. 96]. . . . "
- ^ a b Amnesty International USA (2007). Stop Violence Against Women: Reproductive rights (HTML) (English). SVAW. Amnesty International USA. Retrieved on 2007-12-08. Year 2007 ( MMVII) was a Common year starting on Monday of the Gregorian calendar in the 21st century. Events 1609 - Biblioteca Ambrosiana opens its reading room the second public library of Europe. “"Reproductive rights - access to sexual and reproductive healthcare and autonomy in sexual and reproductive decision-making - are human rights; they are universal, indivisible, and undeniable. These rights are founded upon principles of human dignity and equality, and have been enshrined in international human rights documents. Reproductive rights embrace core human rights, including the right to health, the right to be free from discrimination, the right to privacy, the right not to be subjected to torture or ill-treatment, the right to determine the number and spacing of one's children, and the right to be free from sexual violence. Reproductive rights include the recognition of the basic right of all couples and individuals to decide freely and responsibly the number, spacing and timing of their children, and the right to have the information and means to implement those decisions free from discrimination, coercion, and violence. Reproductive rights also include the right to the highest standards of sexual and reproductive healthcare. "”
- ^ a b The Resource Part II: Human Rights in Times of Emergencies. United Nations. Retrieved on 2007-12-31. Year 2007 ( MMVII) was a Common year starting on Monday of the Gregorian calendar in the 21st century. Events 406 – Vandals, Alans and Suebians cross the Rhine, beginning an invasion of Gallia.
- ^ Children of the Camps | INTERNMENT TIMELINE
- ^ The Great Purge
- ^ Fox News Report. Fox News.
- ^ UK Law Lords Rule Indefinite Detention Breaches Human Rights. Human Rights Watch.
- ^ ICJ homepage.
- ^ United Nations. Multilateral treaties deposited with the Secretary-General: Rome Statute of the International Criminal Court. Accessed 8 June 2007. Events 68 - The Roman Senate accepts emperor Galba. 536 - St Silverius becomes Pope (probable Year 2007 ( MMVII) was a Common year starting on Monday of the Gregorian calendar in the 21st century.
- ^ The Resource Part II: The International Human Rights System. United Nations. Retrieved on 2007-12-31. Year 2007 ( MMVII) was a Common year starting on Monday of the Gregorian calendar in the 21st century. Events 406 – Vandals, Alans and Suebians cross the Rhine, beginning an invasion of Gallia.
- ^ National Human Rights Institutions Forum is the official portal for the National Human Rights Institutions and show a list of 119 institutions that can be found at [1]
- ^ Chart of the Status of National Institutions. National Human Rights Institutions Forum (November 2007). Retrieved on 2008-01-06. 2008 ( MMVIII) is the current year in accordance with the Gregorian calendar, a Leap year that started on Tuesday of the Common Events 1066 - Harold Godwinson is crowned King of England. 1205 - Philip of Swabia becomes King “ACCREDITED BY THE INTERNATIONAL COORDINATING COMMITTEE OF NATIONAL INSTITUTIONS FOR THE PROMOTION AND PROTECTION OF HUMAN RIGHTS
In accordance with the Paris Principles and the ICC Sub-Committee Rules of Procedure, the following classifications for accreditation are used by the ICC: A: Compliance with the Paris Principles;
A(R): Accreditation with reserve – granted where insufficient documentation is submitted to confer A status;
B: Observer Status - Not fully in compliance with the Paris Principles or insufficient information provided to make a determination;
C: Non-compliant with the Paris Principles. ” - ^ HURIDOCS has developed extensive methodologies for monitoring and documenting human rights violations, and more resources can be found at Human Rights Tools
- ^ National Human Rights Institutions - Implementing Human Rights", Executive Director Morten Kjærum, The Danish Institute for Human Rights, 2003. ISBN 87-90744-72-1, page 6
- ^ Ball, Gready (2007) p. 70
- ^ Kissinger, Henry (July/August 2001). "The Pitfall of Universal Jurisdiction". Foreign Affairs.
- ^ (2004) Amnesty International Report 2004. Amnesty International. ISBN 0862103541.
- ^ Davenport, Christian. Stop Our States (SOS): Analyzing and Ending State Repression. Retrieved on 2008-01-19. 2008 ( MMVIII) is the current year in accordance with the Gregorian calendar, a Leap year that started on Tuesday of the Common Events 1419 - Hundred Years' War: Rouen surrenders to Henry V of England completing his reconquest of Normandy.
- ^ Sutherland, Ben (17 March 2003). Events 45 BC - In his last victory Julius Caesar defeats the Pompeian forces of Titus Labienus and Pompey the Younger Year 2003 ( MMIII) was a Common year starting on Wednesday of the Gregorian calendar. Water forum no 'talking shop'. BBC News.
- ^ 2003 International Year of Water website press kit. United Nations Department of Public Information. Retrieved on 2007-12-28. Year 2007 ( MMVII) was a Common year starting on Monday of the Gregorian calendar in the 21st century. Events 1065 - Westminster Abbey is Consecrated. 1308 - The reign of Emperor Hanazono, Emperor of
- ^ Abbott, Lewis F. British Democracy: Its Restoration & Extension, Industrial Systems Research Publications, Manchester (UK), 2006. ISBN 978-0-906321-31-7. Chapter Five: “The Legal Protection Of Democracy & Freedom: The Case For A New Written Constitution & Bill Of Rights”. A New British Bill Of Rights: The Case For. ISR Online Guides, Industrial Systems Research, Manchester UK. [2]
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- Shute, Stephen & Hurley, Susan (eds. ). (1993). On Human Rights: The Oxford Amnesty Lectures. New York: BasicBooks. ISBN 046505224X
- Steiner, J. & Alston, Philip. Philip G Alston, John Norton Pomeroy Professor of Law is a prominent Australian Human rights thinker (1996). International Human Rights in Context: Law, Politics, Morals. Oxford: Clarendon Press. ISBN 019825427X
- Sunga, Lyal S. Professor Lyal S Sunga, Senior Lecturer / Director of Research Raoul Wallenberg Institute of Human Rights and Humanitarian Law Lund Sweden is a specialist on international (1992) Individual Responsibility in International Law for Serious Human Rights Violations, Martinus Nijhoff Publishers. ISBN 0792314530
- Tahir-ul-Qadri, Muhammad (2005), Huquq al Insania fil Islam (Human Rights in Islam). Dr Muhammad Tahir ul-Qadri ( Urdu: محمد طاہر القادری) (also known as Quaid-e-Inqalab Quaid-e-Muhterum Shaykh ul Islam and Qibla Hazoor (born Minhaj Publishers. 365-M-Model
- Tierney, Brian (1997). Brian P Tierney is an American businessman and publisher of The Philadelphia Inquirer. The Idea of Natural Rights: Studies on Natural Rights, Natural Law, and Church Law. Wm. B. Eerdmans Publishing. ISBN 0802848540
- Tunick, Mark (2006). "Tolerant Imperialism: John Stuart Mill's Defense of British Rule in India". The Review of Politics 27-10-2006 68: 586-611 Cambridge University Press
- Vaughn, Karen I. (1978) "John Locke and the Labor Theory of Value" Journal of Libertarian Studies. Vol. 2 (No. 4) pp. 311-326
External links
- United Nations- Universal Declaration of Human Rights
- United Nations- Human Rights
- Office of the High Commissioner for Human Rights
- The Universal Human Rights Index of United Nations documents
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