UNIVERSAL DECLARATION OF HUMAN conscience, word, and peaceful associations

RIGHTS (Discussion from Wikipedia/Discussion of the individual

in Class) - Articles 22-27 – sanctioned the individual’s
economic, social and cultural rights
- Enshrines the rights and freedoms of all
including healthcare; right to standard of
human beings
living
- Foundational text in the history of human
- Articles 28-30 – establishes the general
and civil rights
means of exercising the aforementioned
- Affirming that an INDIVIDUAL’S BASIC
rights; the areas in which these rights of the
RIGHTS are inherent, inalienable and
individual cannot be applied
applicable to all human beings
- Recognize that all human beings are born INTERNATIONAL COVENANT ON CIVIL
free and equal in dignity and rights AND POLITICAL RIGHTS
regardless of nationality, place of residence,
- A multilateral treaty; commits the parties to
gender, national or ethnic origin, color,
respect the civil and political rights of
religion, language, and any other status.
individuals including the right to life,
- NOT LEGALLY BINDING; but it has
freedom of religion, freedom of speech,
become binding as part of customary
freedom of assembly, electoral rights and
international law
rights to due process and a fair trial.
- Became the foundation on the two
BINDING UN human rights:
- Monitored by the United Nations Human
o International Covenant on Civil and
Rights Committee
Political Rights
o International Covenant on Economic, DISCUSSION
Social and Cultural Rights.
NEGATIVE RIGHTS – These are inaction based
- Declaration v. Treaty
negative rights.
o Declaration – generally states
aspirations or understanding among PART 1: ARTICLE 1
the parties
- Recognizes the right to self-determination,
o Treaty – Binding.
including to freely determine their political
STRUCTURE Status , pursue their economic, social and
cultural goals, and manage and dispose of
- Articles 1-2 – Establishing the basic their own resources
concepts of dignity, liberty and equality
(DEL) - Recognizes the Negative right of not to be
- Articles 3-5 – Other INDIVIDUAL deprived of its means of subsistence
RIGHTS; rights to life and prohibition on
slavery - Imposes an obligation on those parties still
- Articles 6-11 – Fundamental legality of responsible for non-self governing and trust
human rights with specific remedies when territories to encourage self-determination
violated
- Articles 12-17 – Rights of individual
towards the community; freedom of
PART 2: ARTICLES 2-5
movement
- Articles 18-21 – sanctioned the - Obliges the party to legislate and to give
constitutional liberties, and spiritual, effect into the rights recognized in the
public, and political freedoms such as Covenant, and provide for an effective legal
freedom of thought, opinion, religion, and remedy for any violation of the rights
 - Requires that rights to be recognized without
distinction of any kind, race, color, sex,
language, religion, political or other opinion,
national or social origin, property, birth or
other status and to ensure that they are
equally enjoyed by women
- These rights can be limited only in time of
public emergency
- Freedom from torture, slavery, the freedom
from retrospective law,
- The right to personhood, and freedom of
thought, conscience, and religion
PART 3: ARTICLES 6-27
- Physical integrity, in the form of the right
and freedom from torture and slavery
(Articles 6-8)
- Liberty and security of the person, in the
form of freedom from Arbitrary arrest and
detention and the right to habeas corpus
(Articles 9-11)
- Procedural fairness in law in the form of
right to due process a, fair and impartial
trial, and presumption of innocence and
recognition as a person before the law
(Articles 14-16)
- Individual liberty, in the form of
movement, thought, conscience and religion,
and speech, association and assembly,
family rights, the right to a nationality, and
the right to privacy (Articles 12-13; 17-24)
- Prohibition of any propaganda for as well
as any advocacy of national or religious
hatred that constitutes incitement to
discrimination, hostility or violence by law
(Article 20)
- Political Participation, including the right
to the right to vote (Article 25)
- Non-discrimination, minority rights and
equality before the law (Articles 26-27)
RIGHT TO PHYSICAL INTEGRITY
ARTICLE 6
- Recognizes the individual’s inherent right
to life and is required to be protected by law
- It is a SUPREME RIGHT from which no
derogation can be permitted
- Reduce infant mortality; increase Life
Expectancy
- Forbidding arbitrary killings by security
forces
- Restricts death penalty to the most serious
crime; and forbids it to be used on children
and on pregnant women
ARTICLE 7
- Prohibits torture, and cruel, inhuman or
degrading punishment
- It cannot be derogated from under any
circumstances
- In response to Nazi human experimentation
during WW2, this article explicitly includes
a prohibition on medical and scientific
experimentation without consent
ARTICLE 8
- Prohibits slavery and enforced servitude in
all situations
- Prohibits forced labor with exceptions to
criminal punishments, military service and
civil obligations
LIBERTY AND SECURITY OF PERSON
THE ACCUSED
ARTICLE 9
ARTICLE 14
- Recognizes the rights to liberty and security
of a person
- Prohibits arbitrary arrest and detention, and
ARTICLE 14. 1
- Requires the deprivation of liberty to be
according to law
- Obliges parties to allow those deprived of
their liberty to challenge their imprisonment
through the courts
- Applies not only to those imprisoned but
also to those detained due to mental illness,
drug addiction or for educational or
immigration process
ARTICLE 9.3-9.4
- Impose procedural safeguards around
arrest requiring anyone arrested to be
promptly informed of the charged against
them and to be brought promptly before a
judge
ARTICLE 14.3
- Restricts the use of pre-trial detention
ARTICLE 10
- Requires anyone deprived with liberty to be
treated with dignity and humanity
- Imposes specific obligation around criminal
justices, requiring prisoners in pre-trial
detention to be separated from convicted
prisoners and children to be separated from
adults
- Requires prisons to be focused on reform
and rehabilitation rather than punishment
ARTICLE 11
- Prohibits the use of imprisonment as
punishment for breach of contract
PROCEDURAL FAIRNESS AND RIGHTS OF
- Recognizes and protects a right to judtice
and a fair trial
- Establishes the ground rules; equality of
parties in the courts
- Any hearing must be in open court before a
competent, independent, and impartial
tribunal with any judgement or ruling made
public
- Closed hearings are only permitted for
reasons of privacy, national security
- Suppression of judgement in divorce cases
or to protect the interest of children
- Applies to civil, criminal and to all courts
and tribunals
- Mandates the litigants must be informed
promptly and in detail in a language which
they understand
- Imposes obligations on the process of
criminal trials in order to protect the rights
of the accused and the right to a fair trial
o Presumption of innocence
o Forbids Double Jeopardy
o Compensation of Miscarriage of
Justice
o Rights to speedy trial, to counsel and
against self-incrimination
o Accused to be present and call and
examine witness
ARTICLE 15
- Prohibition of prosecution under Ex Post ARTICLE 19
Facto Law and the imposition of
- Freedom of expression
retrospective criminal penalties and
o Except the criminal according to the
general principles of laws ARTICLE 20
recognized by the international
- Sanctions against inciting war and hatred
community
ARTICLE 16
ARTICLE 21
- Recognizes everyone as a person before the
law - Freedom of assembly
- Freedom of association
- Right to trade unions and also defined the
INDIVIDUAL LIBERTIES International Labor Organization
ARTICLE 12
- Freedom of movement ARTICLE 23
o Includes the right to choose
- Right of marriage
residence, to leave and to return to a
- Neither requires nor prohibits same-sex
country
marriage
o Applies to legal aliens as well as
citizens of a state
o Can be restricted in instances of
ARTICLE 24
protecting national security, public
order, health and the rights and - Special right on the right to a name and the
freedoms of others right to a nationality for every child

- Right of Return
o Applies not only to citizens but also ARTICLE 27
to those stripped of or denied their
- Mandates the rights of ethnic, religious,
nationality
linguistic minority to enjoy their own
culture, to profess their own religion and the
ARTICLE 13 use of their own language
- Prohibition of arbitrary expulsion of
resident aliens; and to render decisions to be
POLITICAL RIGHTS
appealed or reviewed
ARTICLE 3
ARTICLE 17 - Provides an accessory non-discrimination
principle; accessory in the way that I cannot
- Rights of privacy
be used independently and can only be relied
upon in relation to another right protected by
this covenant
ARTICLE 18
- Freedom of religion or belief

ARTICLE 26
- Contains a revolutionary norm of
providing an autonomous equality principle
which is not dependent upon another right
under the convention being infringed.
INTERNATIONAL COVENANT ON
ECONOMIC, SOCIAL AND CULTURAL
RIGHTS
- A multi-lateral treaty
- Commits its parties to work towards the
granting of economic, social and cultural
rights to the Non-Self Governing and
Trust Territories and individuals including
labor rights, and the right to health, and right
to education and the right to adequate
standard of living
- Monitored by the Committee on Economic,
Social and Cultural Rights
SUMMARY
POSITIVE RIGHTS – Requires action to be
undertaken to realize them
PART 1: ARTICLE 1
- Recognizes the right to self-determination,
including to freely determine their political
Status , pursue their economic, social and
cultural goals, and manage and dispose of
their own resources
- Recognizes the Negative right of not to be
deprived of its means of subsistence
- Imposes an obligation on those parties still
responsible for non-self governing and trust
territories to encourage self-determination
PART 2: ARTICLE 2-5
- Established the principle of progressive
realization.
- Requires the rights to be recognized without
discrimination of any kind as to race, colour,
sex, language, religion, political or other
opinion, national or social origin, property,
birth or other status.
PART 3: ARTICLE 6-15
- Work under favorable conditions, with the
right to form and join trade unions (Article
6-8)
- Social security, including social insurance
(Article 9)
- Family life; parental leave; protection of
children (Article 10)
- Adequate standard of living; adequate food,
clothing, and housing; continuous
improvement of living conditions (Article
11)
- Health, specifically, the highest attainable
standard of physical and mental health
(Article 12)
- Education; free universal primary edication,
generally available secondary education and
equally accessible higher education (Articles
13-14)
- Participation in cultural life (Article 15)
PRINCIPLE OF PROGRESSIVE
REALIZATION
ARTICLE 2
- Imposition of a duty on all parties to take
steps to the maximum of its available
resources, with a view to achieving
progressively the realization of the rights
recognized under this Covenant by all
appropriate means, including the adoption of
legal measures
- Acknowledgement that some rights may be
difficult to achieve in a short period of time
 and that states may be subject to resource o These rights are allowed to be
constraints, but requires them to act as best restricted by members of the armed
they can within their means forces, police or government

- Recognizes that legislation as an RIGHT TO SOCIAL SECURITY

indispensable means for realizing the rights ARTICLE 9
which is unlikely to be limited by resource
constraints; enacting of anti-discrimination - Right of everyone to social security
provisions and the establishment of including social insurance
enforceable rights with judicial remedies
within national legal systems are considered o To protect people against the risks of
to be appropriate means sickness, disability, maternity,
employment, injury, unemployment,
or old age
LABOR RIGHTS
ARTICLE 6 RIGHT TO FAMILY LIFE
- Right to work ARTICLE 10
o Implies parties must guarantee equal
access to employment and access to - Recognizes the family as the natural and
protect workers from being unfairly fundamental group unit of society
deprived of employment
- Parties must also provide paid leave or
o Prevent discrimination in the work adequate social security to mothers before
place and after childbirth.

o Prohibition of child labour RIGHT TO ADEQUATE STANDARD OF

LIVING
ARTICLE 7 ARTICLE 11
- Just and favorable working conditions - Right to adequate food
o Fair wages with equal pay for equal o Ensure an equitable distribution of
work food supplies

o Safe working conditions o Implies a right to water

o Limited working hours - Right to adequate housing

o Adequate privacy, space, security,
o Paid holidays lighting and ventilation, basic
infrastructure and location with
regard to work and basic facilities all
ARTICLE 8 at a reasonable cost
- Recognizes the right of workers to form and
o Ensure security of tenure to eliminate
join trade unions and protect the right to
homelessness
strike
- Right to adequate clothing
 - Free Education
o Free for primary level only

o Progressive introduction of free

RIGHT TO HEALTH
ARTICLE 12
- Recognition of the right of everyone to the
enjoyment of the highest attainable standard
of physical and mental health
- Ensure that everyone within their
jurisdiction has access to the underlying
determinants of health such as clean water,
sanitation, food, nutrition, and housing, and
through a comprehensive system of
healthcare which is available to everyone
without discrimination
ARTICLE 12.2
- To take steps to improve the health of
citizens
o Reducing infant mortality
o Improving child health
o Improving environmental and
workplace health
o Preventing and controlling and
treating epidemic diseases
o Creating conditions to ensure equal
and timely access to medical services
to all
education for secondary and higher
levels
o Directed towards the full
development of human personality
and the sense of its dignity
ARTICLE 13.2
- Lists a number of steps that parties are
required to pursue to realize the right of
education
o Free universal and compulsory
primary education
ARTICLES 13.3-13.4
- Requires parties to respect educational
freedom of parents by allowing them to
choose and establish private educational
institutions for their children also known as
freedom of education
RIGHT TO PARTICIPATION IN CULTURAL
LIFE
ARTICLE 15
- Right of everyone to participate in cultural
life; enjoy the benefits of scientific progress
and to benefit from the protection of the
moral and material rights to any scientific
discovery or artistic work they have created.

o Right to respect women’s

reproductive rights; not limiting
access to contraception

o Protection from Female genital

mutiliation

RIGHT TO FREE EDUCATION

ARTICLE 13