Introduction to Human Rights

Prepared by
Dr. Mahmoud El Hanafi

2022

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 CHAPTER 1

Definition of Human Rights

What is a human right?

The phrase 'human rights' obviously has two parts: Human and Rights

 Human: The first is about the fact that rights belong to people because
they are human. All human beings qualify to enjoy these rights by being
born. (mind, feeling, speech)

They cannot be taken away because of someone's social status, nationality,

ethnicity, skin color or sex. These rights might be violated for any number of
reasons, but they still exist and, in theory at least, they can be enforced.

 Rights: A right is something more than just a good intention. The right not
to be tortured, for example, doesn't just mean that it would be a nice thing
if torture didn't exist. It means that torture is strictly prohibited.

Human rights are freedoms established by custom or international

agreement that impose standards of conduct on all nations. Human rights are
distinct from civil liberties, which are freedoms established by the law of a
particular state and applied by that state in its own jurisdiction. Human rights
are commonly understood as "inalienable fundamental rights to which a person
is inherently entitled simply because she or he is a human being. These rights
may exist as natural rights or as legal rights, in both national and international
law.

Human rights constitute a set of norms governing the treatment of

individuals and groups by states and non-state actors on the basis of ethical
principles regarding what society considers fundamental to a decent life. These
norms are incorporated into national and international legal systems, which
specify mechanisms and procedures to hold the duty-bearers accountable and
provide redress for alleged victims of human rights violations.

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 “Human rights are rights inherent to all human beings, whatever our
nationality, place of residence, sex, national or ethnic origin, color, religion,
language, or any other status. We are all equally entitled to our human
rights without discrimination. These rights are all interrelated,
interdependent and indivisible.”
“Universal human rights are often expressed and guaranteed by law, in the
forms of treaties, customary international law, general principles and
other sources of international law. International human rights law lays
down obligations of Governments to act in certain ways or to refrain from
certain acts, in order to promote and protect human rights and
fundamental freedoms of individuals or groups.”

Origin and development of human rights

 The ideas of elaboration and protection of rights of human beings have
been gradually transformed into written norms.
 Many important landmarks may be mentioned on this way, such as, in
England Magna Carta (1215), the Petition of Right (1628) and the Bill of
Rights (1689).
 During the eighteenth century, the early ideas of natural law developed
into an acceptance of natural rights as legal rights, and these rights for
the first time were written into national constitutions, thus reflecting an
almost contractual relationship between the State and the individual,
which emphasized that the power of the State derived from the assent
of the free individual.
 The French Declaration of the Rights of Man and of the Citizen of 1789
and the American Bill of Rights of 1791 were based on this premise.
 During the nineteenth century, a number of independent States
adopted this principle and social and economic rights began to be
recognized.
 Despite the recognition accorded to human rights in national
constitutions, these rights were sometimes curtailed or eliminated by
legislation or by arbitrary means and, perhaps generally, by informal
social mechanisms. Moreover, States themselves often violated human
rights, in spite of their status as legal rights.

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 (Video)

https://www.youtube.com/watch?v=O8ME7kxMk4g

Characteristics of Human Rights

1- Human Rights are equal rights: every human has the same rights as
everyone else; it should be respected without distinction, exclusion,
restriction or preference based.
2- Human Rights are inalienable (final): one cannot stop being human, no
matter how badly one behaves or how one is treated.
They may not be taken away or transferred; people still have human rights
even when their governments violate those rights
3- Universal: Human Rights are universal in application and they apply
irrespective of one’s origin, status, or condition or place where one lives.
Human rights are enforceable without national border. Human rights are the
same for all human beings regardless of race, sex, religion, political or other
opinion, national or social origin. We are all born free, and equal in dignity
and rights
Or/ they belong to all people equally regardless of status and they are the
same for all human beings everywhere in the world.
4- Inherent: Human Rights are inherent because they are not granted by any
person or authority. Human rights do not have to be bought, earned or
inherited; they belong to people simply because they are human. Human
rights are inherent to each individual.
5- Fundamental: Human Rights are fundamental rights because without them,
the life and dignity of man will be meaningless.
6- Interconnected/interdependent: fulfillment or violation of one right affects
the fulfillment of all other rights; together human rights form a
complementary framework.
. # Globalization (not time, no space, not borders…)

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 What are the sources of human rights?
1. Constitution of countries
2. National law
3. Religion
4. International human rights conventions, covenants, treaties
5. Customary international law
6. Regional human rights conventions, charters
7. Declarations, programmers of action of various
8. international and UN conferences
9. Committees of international conventions and treaties
10. Academic opinions

Question1:
Human rights evolution passed through different and historical stages.
The below characters left an imprint on human rights evolution in the
twentieth century.

1. Malcom X (1925-1965)
2. Abd Al-Rahman al-kawakabi (1855–1902)
3. Nilsson Mandela (1918 – 2013)
4. Mahatma Gandhi (1915)
5. Henry Dunant (1828-1910)
6. Eleanor Roosevelt (1948)
7. Martin Luther King (1929- 1968)

Choose one of these characters and write within 10 lines about his
experience in human rights evolution.

Note: Try to use different resources.

Question 2
A. From human rights perspective what is the difference between
Universality and Globalization?
B. Do you think that human rights are global or universal? Why?

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Frequently asked questions
Here are some frequently asked questions (FAQs) on the subject of human
rights:

Q1. What are human rights?

A. Human rights are certain rights that are vested in every person by virtue
of his/her being a human being.

Q2. Do all people have human rights?

A. Yes. The only condition to be fulfilled is that one must be a human being.

Q3. What about animal rights? They, too, have rights, don’t they?
A. Yes, of course, they do. It is, therefore, not true to say that only human
beings have rights. Animals also have rights, but since animals are not
human, their rights would not obviously come within the meaning of the
term, ‘human rights’!

Q4. Thus, human rights are the rights of people. However, do all people
have the same rights?
A. This depends on how you look at it. There are three points to keep in mind:
• Some rights are so basic that they cannot be dispensed with. A typical example
is slavery. No nation anywhere in the world today can say, ‘All right, let us have
slavery’;
• Countries may be bound to recognize some rights if they have agreed to do so
by signing an international agreement called a treaty or a convention. If they
have not done so, they may not be bound, and
• Human rights is not a static or fixed concept, it is constantly evolving or
changing. It is like a seed, which, once planted, grows slowly and steadily, putting
out roots, shoots, ranches, leaves and fruits.

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Q5. Who gives us human rights?
A. No one ‘gives’ us human rights, but other people can take away our rights by
violating them or by not implementing them.

Q6. Where do we find human rights?

A. In the values of freedom and equality that we hold dear. However, we also
find human rights evidenced in certain important documents.

Q7. Why have human rights become so fashionable suddenly?

A. This is because of the growing awareness all over the world, including in
India, and movements towards recognizing new rights. We will examine
some of these struggles in this book. As I said earlier, human rights are like
a seed. Nowhere is this as evident as it is in India, where human rights are
growing rapidly.

Q8. How did it all begin and where are we going?

A. The development of the concept of human rights, which happened over a
long period, is probably one of the most fascinating parts of history.

Negative Rights vs. Positive Rights

Negative Rights Positive Rights

Rights from something and/or the
freedom from government
infringement.
A negative right is a right not to be
subjected to an action of another
person or a group
Rights to something, but states aren't
necessarily obligated to provide them.
A positive right is a right to be
subjected to an action of another
person or group.

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Negative rights include freedom of Positive rights include access to food,
speech, religion, right to assembly and shelter, water, healthcare, education.
association, right to property, market
access, and protection from detention
and torture.

Freedom and rights

Human rights are legal issues or moral issues?
 A Right is a common privilege given to all citizens for example the right
to vote, the right to property, the right to worship, the right to
information, etc.

 Freedom is when you have no constraints to conduction your actions:

freedom of speech, freedom of the press, freedom to rebel, freedom to
complain, etc.
 Freedom is having a Right.

 Right is something you can demand when you do a Duty.

 In modern language, both words refer to similar things like

Freedom of the Press and Right to Information.

 Freedom means having a good environment where Rights and Duties

are honorably preserved.

 If you are entitled to something, you have a Right towards it.

 Freedom itself is the fundamental human right.

 An ideal country where all rights are upheld, all citizens treated
alike, where corruption is negligible, where military operations are
unheard of, can be called a place truly having Freedom.

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Human rights pass through these stages:

Natural law Natural rights Human rights

 Natural law: is a system of law based on a close observation of human

nature, and based on values intrinsic to human nature that can be deduced
and applied independent of positive law (the enacted laws of a state or
society)1

 Natural rights are the rights that people supposedly have under natural
law, and those that are not dependent on the laws or customs of any
particular culture or government, and so are universal, fundamental and
inalienable (they cannot be repealed by human laws, though one can
forfeit their enjoyment through one's actions, such as by violating
someone else's rights).

Question 1
In addition that human rights are moral issue, they are also legal
issue. How?

1
Natural low – Wikipedia, https://cutt.ly/aCWfoog
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 Chapter 2

Classification of human rights

How to classify human rights?

Human rights can be classified and organized in a number of different ways; at

an international level, the most common categorization of human rights has
been to split them into civil and political rights, and economic, social and
cultural rights.

All human rights—civil, cultural, economic, political and social—are recognized

as a universal, indivisible and interdependent body of rights, as originally
foreseen in the 1948 Universal Declaration of Human Rights. A comprehensive
approach to the promotion and protection of human rights, which include
economic, social and cultural rights, ensures that people are treated as full
persons and that they may enjoy simultaneously all rights and freedoms, and
social justice.

Civil and Political Rights

These relate to freedom of the individual to act as he/she pleases as long as they
do not infringe on the rights of others. These liberty-oriented rights include
freedom of speech and religion, the right to fair trial, and the right to be free from
torture and arbitrary arrest.

Economic, Social, and Cultural Rights

Rights related to conditions necessary to meet basic human needs, such as food,
shelter, education, health care, and gainful employment. (Note: AI doesn't really
talk about cultural rights. Need to address this in class.

 Civil and political rights are included in articles 3 to 21 of the:

 Universal Declaration of Human Rights (UDHR)
 International Covenant on Civil and Political Rights (ICCPR).

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  Economic, social and cultural rights are enshrined in articles 22 to 28
of the:
 Universal Declaration of Human Rights (UDHR)
 International Covenant on Economic, Social and Cultural Rights
(ICESCR).

Although accepted by the signatories to the UDHR, most of states do not give an
equal weight to the different types of rights. Some 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.
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.

Categorization
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:

1. 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).
2. Resource-intensive: meaning that they are expensive and difficult to
provide.
3. Progressive: meaning that they will take significant time to implement.
4. Vague: meaning they cannot be quantitatively measured, and whether
they are adequately provided or not is difficult to judge.
5. Ideologically divisive/political: meaning that there is no consensus on
what should and shouldn't be provided as a right.
6. Socialist, as opposed to capitalist.
7. Non-justiciable, meaning that their provision, or the breach of them,
cannot be judged in a court of law.
8. Aspirations or goals, as opposed to real 'legal' rights.

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Similarly, civil and political rights are categorized as:

1. Negative: meaning the state can protect them simply by taking no action.
2. Cost-free.
3. Immediate: meaning they can be immediately provided if the state decides
to.
4. Precise: meaning their provision is easy to judge and measure.
5. Non-ideological/non-political.
6. Capitalist.
7. Justiciable.
8. Real 'legal' rights.

Three generations for human rights:

Another categorization, offered by Karel Vasak, is that there are three
generations of human rights:

 First-generation civil and political rights (These are "liberty-orientated"

and include the rights to life, liberty and security of the individual;
freedom from torture and slavery; political participation; freedom of
opinion, expression, thought, conscience and religion; freedom of
association and assembly.)
 Second-generation economic, social and cultural rights (These are
"security-orientated" rights, for example the rights to work; education; a
reasonable standard of living; food; shelter and health care.)
 Third-generation collective rights or solidarity rights (These include
the rights to live in an environment that is clean and protected from
destruction, and rights to cultural, political and economic development,
rights to self-determination, etc.)

If every possible human rights element is deemed essential or necessary, then

nothing will be treated as though it is truly important.

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Classifications of Human Rights (concept of Karel
Vasak)
This table enables you to classify rights easily.
1st generation 2nd generation 3rd generation
Personal (civil) and Economic, social and Collective rights.
political rights. cultural rights. For example, the right
For example, freedom For example, the right to to development, right
of speech, protection of health services, the right to peace, ecological
private life, freedom of to social security, the rights, the rights of
religion, the right to a right to a decent indigenous peoples,
fair trial, the right to standard of living, right to healthy
personal freedom and freedom of employment. environment, right
safety, freedom of Right to strike, right to humanitarian
assembly. education, right to assistance.
participation in cultural
life.
Provide minimum Provide minimum Are not connected
safety protection of the protection of social directly with “person-
person within a safety of the person. state” relations; define
society, physical safety, obligations of the
and provide protection community of states
against intervention in in relation to groups
private life. of people.

Negative Rights Positive Rights

Rights from something and/or the
freedom from government
infringement.
A negative right is a right not to be
subjected to an action of another
person or a group
Rights to something, but states aren't
necessarily obligated to provide them.
A positive right is a right to be
subjected to an action of another
person or group.

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 Negative rights include freedom of Positive rights include access to food,
speech, religion, right to assembly and shelter, water, healthcare, education.
association, right to property, market
access, and protection from detention
and torture.

Case study
Several analysts claim that a fourth generation of human rights is emerging,
which would include rights that cannot be included in the third generation,
some of those analysts believe that the fourth generation is given by human
rights in relation to new technologies, while others prefer to talk about digital
rights.

Others point out that the differentiating element would be that, while the first
three generations refer to the human being as a member of society, the rights
of the fourth would refer to the human being as a species.

Question:

What new set of rights will the fourth generation include? Give examples.

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Classify these rights within the most suitable
category?
A. Civil rights - B. Political rights – C. Social rights- D. Economic rights
E. Cultural rights - F. Collective Rights

1. right not to be tortured 21. right to precipitate in political life

2. right to wear traditional clothes 22. No Slavery
3. right to marry 23. You Have Rights No Matter Where You Go
4. right to work 24. We’re All Equal Before the Law
5. right to vote 25. Your Human Rights Are Protected by Law
6. right to life 26. No Unfair Detainment
7. right of clean environment 27. The Right to Trial
8. right of privacy 28. We’re Always Innocent Till Proven Guilty
9. equality before the law 29. Freedom to Move
10. right to religion 30. The Right to Seek a Safe Place
11. freedom of assembly 31. Right to a Nationality
12. right to paint 32. The Right to Democracy
13. right to development 33. Social Security
14. right to belong to a trade union 34. Workers’ Rights
15. right to have fair wage 35. The Right to Play
16. right to express 36. Food and Shelter for All
17. right to have healthy food 37. The Right to Education
18. right to own property 38. Copyright
19. right to have legal personality 39. A Fair and Free World, Responsibility
20. right to the health 40. No One Can Take Away Your Human Rights

Conflicting rights:
In general, competing/ conflicting human rights involve situations where
parties to a dispute claim that the enjoyment of an individual or group's
human rights and freedoms, as protected by law, would interfere with
another's rights and freedoms.

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Discussion Questions

I. Are all human rights equally important?

Answer:
Human rights comprise civil, political, economic, social and cultural rights. The
Universal Declaration of Human Rights does not distinguish the rights codified
therein on the basis of their importance and does not provide for a hierarchical
classification of rights. In practice, however, for several decades, economic,
social and cultural rights, as opposed to civil and political rights, were viewed
primarily as aspirations with few legal obligations for States.

Thus, there can be no genuine and effective implementation of civil and political
rights in the absence of respect for economic, social and cultural rights. The
Final Outcome Document of the 2005 World Summit reaffirmed the
indivisibility, interrelatedness and mutual reinforcement of all human rights,
underlining that all human rights ‘must be treated in a fair and equal
manner, on the same footing and with the same emphasis’2

II. How do the International Covenants on Civil and Political Rights

and on Economic, Social and Cultural Rights differ from the
Universal Declaration?

Answer:
The Covenants, unlike the Universal Declaration, are legally binding treaties for
those States that are parties to them. Such States are thus obliged to respect the
procedures for their implementation, including the submission of periodic
reports on their compliance with their obligations under the Covenants. Both
Covenants entered into force in 1976. Since that time 160 States have become
parties to the ICESCR and 164 to the ICCPR.

2
UNESCO Publishing- Human Rights Questions and Answers, https://cutt.ly/nCWhaCI
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 CHAPTER 3

United Nations and Its Organs

The League of Nations

Was an international organization founded after the Paris Peace
Conference, 1919 after World War I. The League's goals included
disarmament, preventing war through collective security, settling
disputes between countries through negotiation diplomacy and
improving global welfare.

The United Nations

An international organization founded in 1945 after Second World War. It
is currently made up of 193 Member States. The mission and work of the
United Nations are guided by the purposes and principles contained in
its founding Charter.

It is considered as the international government.

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 The six main organs of the UN are the:

1. General Assembly
2. Security Council
3. Economic and Social Council
4. Trusteeship Council
5. International Court of Justice
6. UN Secretariat.

 All were established in 1945 when the UN was founded.

 These organs fulfill different functions. Their functions are clearly
delineated in the Charter of the United Nations and Statute of the
International Court of Justice.
 Each of these organs is pivotal to the functioning of the United Nations.
They all work with one end goal in mind: ensuring world peace and
security.

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  The charter of the UN is consisted of preamble and 111 articles within
19 chapters. The most important chapters are “chapter 6 and chapter
7.”
 The General Assembly is one of the six main organs of the United
Nations, the only one in which all Member States have equal
representation: one nation, one vote. All 193 Member States of the
United Nations are represented in this unique forum to discuss and
work together on a wide array of international issues covered by the UN
Charter, such as development, peace and security, international law, etc.
The General Assembly has legislative nature
 Under the Charter, the Security Council has primary responsibility for
the maintenance of international peace and security. It has 15 Members,
and each Member has one vote. 5 of them are permanent and 10 are
elected every two years from the general assembly. Under the Charter,
all Member States are obligated to comply with Council decisions. It is
the executive organ of the United Nations.
 The International Court of Justice (ICJ) is the principal judicial organ
of the United Nations (UN). It was established in June 1945 by the
Charter of the United Nations and began work in April 1946. The Court’s
role is
1. to settle, in accordance with international law legal disputes
submitted to it by States
2. to give advisory opinions on legal questions referred to it by
authorized United Nations organs and specialized agencies. (Chebaa
Farms)
The Court is composed of 15 judges, who are elected for terms of office of nine
years by the United Nations General Assembly and the Security Council. It is
assisted by a Registry, its administrative organ. Its official languages are English
and French.

 UN charter and human rights: Preamble of the Charter: Reaffirm faith in

fundamental human rights, in the dignity and worth of the human person, in
the equal rights of men and women and of nations large and small. (Video)

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Discussion Question

How is the idea of international human rights protection reflected

in the Charter of the United Nations?

The importance of human rights was reflected in and reinforced by the Charter
of the United Nations, signed on 26 June 1945. The Charter states the
fundamental objectives of the universal organization, namely: ‘to save
succeeding generations from the scourge of war’ and ‘to reaffirm faith in
fundamental human rights, in the dignity and worth of the human person and in
the equal rights of men and women’. Article 1 of the Charter states that one of
the aims of the United Nations is to achieve international cooperation in
‘promoting and encouraging respect for human rights and for fundamental
freedoms for all without distinction as to race, sex, language or religion’, thus
enshrining the principle of non-discrimination .

The provisions of the Charter have the force of positive international law
because the Charter is a treaty and therefore a legally binding document. All
United Nations Member States must fulfill, in good faith, the obligations they
have assumed under the Charter of the United Nations. This includes the
obligations to promote respect for human rights, to promote observance of
human rights and to cooperate with the United Nations and other nations to
attain this aim. However, the Charter does not specify human rights and does
not establish any specific mechanism to ensure their implementation by
Member States.3

Questions
1. The United Nations has a major role in protecting human
rights. Do you think that this role is effective or ineffective in
all cases? The Palestinian issue is an example.

2. How would you rate the role of the United Nations in

returning refugees to their lands?

3
UNESCO Publishing- Human Rights Questions and Answers, https://cutt.ly/nCWhaCI
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 CHAPTER 4

The Universal Declaration of Human Rights (UDHR)

1. What is Declaration?

2. Significance of the UDHR

3. Analysis of the Declaration

4. Preamble of the Declaration

5. Articles of the Declaration

The Universal Declaration of Human Rights (UDHR) was adopted

by the 56 member nations of the UN General Assembly on December 10, 1948.
It was drafted by the UN Commission on Human Rights chaired by, then first
lady, Eleanor Roosevelt.

Charles Habib Malik

(1906 – 1987) was a
Lebanese academic,
diplomat, and
philosopher. He was
responsible for the
drafting and
adoption of the 1948
Universal Declaration
of Human Rights.

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“December 10th is now celebrated around the world as International Human
Rights Day.”

Most of the members of United Nations upon agreed to educate their

citizens about the principles of the UDHR. Most of these countries have
incorporated the principles of the UDHR into their constitutions.

Why the UDHR is important?

The Charter of United Nations aim is to protect the Human Rights and
freedoms of the individuals at the International level. In order to implement the
mandate of the States, the UN adopted the Universal Declaration of Human
Rights. The Declaration is nothing but an extension of the ideology of what
states parties have conceived in the Charter.

1. The adherence to the Declaration in true spirit will bring peace and
security.

2. The Declaration with its non-binding nature has received universal

recognition without any exception and accepted by the whole
international community.

3. All the states - even the communist countries (like former USSR, former
Yugoslavia) - which were skeptical in the beginning, gradually realized
the significance and started defending the declaration.

4. The regular reference to the Declaration and the development of the

provisions later crystallized into Covenant on Economic, Social and
Cultural Rights, Covenant on Civil and Political Rights, and the adoption
of independent texts on various aspects of human rights. All these texts
conferred the status on the declaration as a part of customary
international law.

5. The Declaration became an extension of the Charter of the United Nations.

On Several Occasions, the various organs of the UN including the Security
Council and the General Assembly quoted its provisions in a number of
resolutions and documents.

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 6. The International Court of Justice and the municipal courts (especially the
highest court of a country) in a number of cases made significant
references to UDHR in their decisions, led for wide judicial recognition.

7. As a mark of respect to the declaration and its principles, the UN

crystallized its millennium goals basing on the unfulfilled dreams of it.
These goals will drive the states to discharge their responsibilities to
accomplish the standards they themselves set in the declaration.

8. The extensive recognition and respect given to the declaration

universally, and celebration of December 10 every year by the World
Community led scholars to term it as the Magna Carta of the World, in
upholding the rights and fundamental liberties of the individual.

Analysis of the Declaration:

The declaration contains a preamble and 30 Articles. The preamble
specifies the objectives and the Articles deal with Civil and Political Rights,
Economic, Social and Cultural Rights, while a few articles of this declaration deal
with the duties to be performed by all agents (this includes the states to render
their duties towards other states, to their people and minimum guarantees to
the whole mankind wherever they reside.

At the same time, impose legal and moral obligations on the society
towards individual’s vis-à-vis individuals towards society and international
community). In other words, the declaration became the cornerstone of
international law to achieve its basic aim and object of securing peace and
security, the concept of one world and to make the world free from the fear of
war.

This is evident from the fact that though international law gave birth to
the concept of human rights only six decades ago, in the contemporary era,
every branch of international law has an influence of human rights. Moreover,
in crystallizing new norms to regulate the international relations of states, many
a times they incorporate human rights as the basis. (This is further evident that
this declaration, the only document officially translated by UN in more than 360
languages, to help people, to practice them easily.)
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 The continuous adherence and reference to the UDHR on par with the
Charter of the United Nations by member states made it more than a legally
binding document. Even new states who come into existence and become
members of the UN, all of them without any exception have accepted the
principles of the Declaration along with Charter as new members of the
international community.

The Declaration has paved the way for the independence of many
countries in 60's and 70's.

Preamble of the Declaration

The Preamble of the Declaration states the spirit and significance of the
Declaration. The picture conveys that if the mankind and its creators (namely,
states) follow the Declaration in true spirit, it is easy to achieve peace, security
through friendship and prosper together. This spirit has been stated in the
Declaration, and is explained hereunder in a simple and common language for
easy understanding with some pictures to signify the importance of oneness
along with commentary to each article.

Articles of the Declaration (30 articles)

The first twenty-one Articles of the Declaration correspond, for the most part, to
what are called civil and political rights and concern the freedom and personal
security of individuals.

 Article 1 (Free and Equal in Dignity and Right)

 Article 2 (Prohibition of discrimination)
 Article 3 (Right to Life, Liberty, and Security)
 Article 4 (Prohibition of Slavery)
 Article 5 (Prohibition of Torture)
 Article 6 (Right to recognition as person before the law):
 Article 7 (Equality before the law)
 Article 8 (Right to an effective remedy)

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  Article 9 (Prohibition of Arbitrary Arrest)
 Article 10 (Right to a Fair Trial)
 Article 11 (Presumption of Innocence and no retroactive application of Penal
Laws)
 Article 12 (Right to Privacy) Article 13 (Freedom of Movement, exit, and Re-
entry)
 Article 14 (Right to Asylum)
 Article 15 (Right to Nationality)
 Article 16 (Right to Marry and Family Life)
 Article 17 (Right to Property)
 Article 18 (Freedom of thought, conscience and religion)
 Article 19 (Freedom of Opinion and Expression)
 Article 20 (Freedom of Assembly and Association)
 Article 21 (Participation in Government)

Economic, Social, and Cultural Rights

 Article 22 (Economic, Social and cultural Rights)

 Article 23 (Right to Work)
 Article 24 (Right to Rest and Leisure)
 Article 25 (Right to an adequate standard of living and health)
 Article 26 (Right to Education)
 Article 27 (Right to Culture)
 Article 28 (Social and International Order)
 Article 29 (Duties and Limitations)
 Article 30 (No Abuse of Rights)

Discussion Question:

1. How are human rights implemented and enforced?

2. Why there is a gap between Theoretical and practical human rights?

25
Case study

Article 3 reflect that “Everyone has the right to life, liberty and security of
person.”

1. Is it the responsibility of the State to ensure these rights?

2. What if the laws of a State allow for the taking of human life through capital
punishment?
3. Are there any international instruments aimed at the abolition of the
death penalty?

26
 Chapter 5
Conventions, treaties, covenants
Definition of key terms

1. Declaration: The term ‘declaration’ is used for various international

instruments. International human rights declarations are not legally
binding; the term is often deliberately chosen to indicate that the parties
do not intend to create binding obligations but merely want to declare
certain aspirations. However, while the 1948 Universal Declaration of
Human Rights for example was not originally intended to have binding
force, its provisions have since gained binding character as customary law.

DECLARATION: Document stating agreed upon standards but which is

not legally binding. UN conferences, like the 1993 UN Conference on
Human Rights in Vienna and the 1995 World Conference for Women in
Beijing, usually produce two sets of declarations: one written by
government representatives and one by NONGOVERNMENTAL
ORGANIZATIONS (NGOs).4

4
Human rights Here And Now, Appendix 3, https://cutt.ly/9CWjyad
27
 The UN GENERAL ASSEMBLY often issues influential but legally NON-
BINDING declarations.

2. Signature: ‘Signature’ of a treaty is an act by which a State provides a

preliminary endorsement of the instrument. Signing does not create a
binding legal obligation but does demonstrate the State’s intent to
examine the treaty domestically and consider ratifying it. While signing
does not commit a State to ratification, it does oblige the State to refrain
from acts that would defeat or undermine the treaty’s objective and
purpose.
SIGN: In human rights the first step in ratification of a treaty; to sign a
DECLARATION, CONVENTION, or one of the COVENANTS constitutes a
promise to adhere to the principles in the document and to honor its
spirit.5
3. Ratify/Ratification: ‘Ratification’ is an act by which a State signifies an
agreement to be legally bound by the terms of a particular treaty. To ratify
a treaty, the State first signs it and then fulfills its own national legislative
requirements. Once the appropriate national organ of the country –
Parliament, Senate, the Crown, Head of State or Government, or a
combination of these – follows domestic constitutional procedures and
makes a formal decision to be a party to the treaty.

RATIFICATION, RATIFY: Process by which the legislative body of a state

confirms a government’s action in signing a treaty; formal procedure by
which a state becomes bound to a treaty after acceptance.

4. Charter: The term ‘charter’ is used for particularly formal and solemn
instruments, such as the treaty founding an international organization like
the United Nations (‘The Charter of the United Nations’).

UNITED NATIONS CHARTER: Initial document of the UN setting forth its

goals, functions, and responsibilities adopted in San Francisco in 1945.

5
Human rights Here And Now, Appendix 3, https://cutt.ly/9CWjyad

28
5. Convention: A ‘convention’ is a formal agreement between States. The
generic term ‘convention’ is thus synonymous with the generic term
‘treaty’. Conventions are normally open for participation by the
international community as a whole, or by a large number of States.
CONVENTION: Binding agreement between states; used synonymously
with TREATY and COVENANT. Conventions are stronger than
DECLARATIONS because they are legally binding for governments that
have signed them.
“When the UN GENERAL ASSEMBLY adopts a convention, it creates
international norms and standards. Once a convention is adopted by the
UN General Assembly, MEMBER STATES can then RATIFY the convention,
promising to uphold it. Governments that violate the standards set forth
in a convention can then be censured by the UN”.

6. Treaty: A ‘treaty’ is a formally concluded and ratified agreement between

States. The term is used generically to refer to instruments binding at
international law, concluded between international entities (States or
organizations).

TREATY: Formal agreement between states that defines and modifies

their mutual duties and obligations; used synonymously with
CONVENTION.
“When CONVENTIONS are adopted by the UN GENERAL ASSEMBLY, they
create legally binding international obligations for the member states who
have signed the treaty. When a national government RATIFIES a treaty,
the articles of that treaty become part of its domestic legal obligations.”
7. Optional Protocol: The term ‘protocol’ is used for an additional legal
instrument that complements and add to a treaty. A protocol may be on
any topic relevant to the original treaty and is used either to further
address something in the original treaty, address a new or emerging
concern or add a procedure for the operation and enforcement of the
treaty—such as adding an individual complaints procedure. A protocol is
‘optional’ because it is not automatically binding on States that have
already ratified the original treaty; States must independently ratify or
accede to a protocol. The Optional Protocols to the Convention on the

29
 Rights of the Child concern the involvement of children in armed conflict
and the sale of children, child prostitution and child pornography.
8. Article: International legal instruments generally include a Preamble
(stating the reasons for and underlying understandings of the drafters and
adopters of the instrument) and a series of ‘articles’, which lay out the
obligations of those States choosing to be bound by it and procedural
matters involving the treaty or convention.
9. Provision: The term ‘provision’ is often used as an alternative when
referring to the content of particular articles.
10. Entry into Force: A treaty does not enter into force when it is adopted.
Typically, the provisions of the treaty determine the date on which the
treaty enters into force, often at a specified time following its ratification
or accession by a fixed number of states.
11. Accession: ‘Accession’ is an act by which a State signifies its agreement
to be legally bound by the terms of a particular treaty. It has the same
legal effect as ratification, but is not preceded by an act of signature. The
formal procedure for accession varies according to the national
legislative requirements of the State
12. Adoption: ‘Adoption’ is the formal act by which the form and content of
a proposed treaty text are established. Treaties negotiated within an
international organization like the United Nations are usually adopted by
a resolution of a representative organ of the organization whose
membership more or less corresponds to the potential participation in
the treaty in question (the United Nations General Assembly, for
example).
13. Deposit: After a treaty has been concluded, the written instruments
which provide formal evidence of a State’s consent to be bound are placed
in the custody of a depository.
14. State party: A ‘State party’ to a treaty is a country that has ratified or
acceded to that particular treaty, and is therefore legally bound by the
provisions in the instrument.
15. Reservation: A unilateral statement formulated by a State or an
international organization at the time when that State or that organization
expresses its consent to be bound by a treaty by which its author purports

30
 to limit the obligations imposed on it by the treaty constitutes a
reservation.

These definitions are adapted from The Concise Oxford Dictionary of Current English (8th
edition), Clarendon Press, Oxford, 1990 and United Nations Treaty Collection, Treaty Reference
Guide, 1999

Human Rights Obligations of a State

4 categories of obligations:

1. Respecting a right means that a state must not violate a particular

right.
2. Protecting a right means that a state has to prevent violations of
that right by non-state actors.
3. Fulfilling a right means that a state has to take all appropriate
measures, like allotting budgetary resources, to the realization of
that right.
4. Promoting a right means that a state must educate the public and
raise awareness about that right.

Discussion Question:

1. Do individuals, as well as States, have obligations?

2. Who is responsible for implementing the conventions and how are they
applied?
3. How can States retreat from the Convention on Human Rights? Could this
retreating affect the Convention?
4. Are non-signatory States not accountable for its implementation?

31
 CHAPTER 6
International Protection of Human rights

UNIVERSAL HUMAN RIGHTS INSTRUMENTS

Who is responsible for upholding human rights?

Under human rights treaties, governments have primary responsibility for

protecting and promoting human rights. What are important, governments are
not solely responsible for ensuring human rights. The Universal Declaration of
Human Rights states:

„Every individual and every organ of society … shall strive by teaching and
education to promote respect for these rights and freedoms and by progressive
measures, national and international, to secure their universal and effective
recognition and observance”

This provision means that not only the government, but also civil society
organizations, business and individuals are responsible for promoting and
respecting human rights.

Contractual and non-contractual procedures to protect Human

rights

1. How to protect Human Rights internationally, what are the international

mechanisms to protect human rights?
2. What do we mean by contractual procedures and non –contractual
procedures?
3. Core international human rights
4. The committees to implements Human rights treaties
5. Intergovernmental bodies
32
 6. What is The Human Rights Council (HRC) and how does it work?

Contractual mechanisms for protecting Human rights

They are the mechanisms resulting from the ratification of international

conventions and treaties by the United Nations to ensure compliance by these
states and adherence to these laws.

Core International human rights (The most important conventions)

1. ICCPR: International Covenant on Civil and Political Rights (1966)

2. ICESCR: International Covenant on Economic, Social and Cultural Rights

(1966)

3. CERD: International Convention on the Elimination of Racial

Discrimination (1966)

4. CEDAW: Convention on the Elimination of all Forms of Discrimination

Against Women (1979)

5. CAT: Convention against Torture and other Cruel, Inhuman or Degrading

Treatment or Punishment (1984)

6. CRC: Convention on the Rights of the Child (1989)

7. MWC: International Convention on Migrant Workers (1990)

8. CRPD: International Convention on the Rights of Persons with Disabilities

(2006)

9. CPED: International Convention on Protection of All Persons from

Enforced Disappearances (2006)

Some Human Rights Committees

1. Committee on civil and political rights (CCPR)

33
 2. Committee on Economic, Social and Cultural Rights (CESCR)

3. Committee on the Elimination of Racial Discrimination (CERD)

4. Committee on the Elimination of Discrimination Against Women

(CEDAW)

5. Committee Against Torture (CAT) and Subcommittee on Prevention (OP-

CAT)

6. Committee on the Rights of the Child (CRC)

7. Committee on Migrant Workers (CMW)

8. Committee on the Protection of all Persons from Enforced Disappearances

(CED)

9. Committee on the Rights of Persons with Disabilities to be established

(CRPD)

Function of the committees

 The human rights treaty bodies are committees of independent experts
that monitor implementation of the core international human rights
treaties. Individual complaints will also be considered.

 Review periodic reports by States Parties and issue Concluding

Observations.

 General Comments.

 Complaints mechanisms (e.g. ICCPR-OP1, ICERD, CAT, OP-CEDAW).

 Although recommendations are non-binding but can carry political and

moral weight.

 Can contribute to formation of customary international law.

Composition: independent experts elected by States Parties

Non contractual mechanism for protecting human rights:

34
It is specific to the Human Rights Council, where the United Nations issued a
resolution to form a special human rights council to replace the United Nations
Commission on Human Rights, so that this council deals with gross and
systematic violations and makes its recommendations regarding them, and it is
responsible for promoting global respect for the protection of human rights and
freedoms for all without any discrimination.

Question
 What is your own evaluation for the contractual system?

The 1503 Procedure of the Commission on Human

Rights
The procedure before the Commission on Human Rights, called the 1503
procedure after the resolution of the Economic and Social Council whereby it
was established, is the oldest human rights complaint mechanism in the United
Nations system. Under this procedure the Commission, a political body
composed of State representatives, generally deals with situations in countries
rather than individual complaints.

Under the 1503 procedure, the Commission has the mandate to examine a
consistent pattern of gross and reliably attested violations of human rights and
fundamental freedoms occurring in any country of the world. Any individual or
group claiming to be the victim of such human rights violations may submit a
complaint, as may any other person or group with direct and reliable knowledge
of such violations.6

6
UNITED NATIONS HUMAN RIGHTS- Complaints Procedures Under the Human Rights treatiesm
https://cutt.ly/NCWvhu4
35
The Human Rights Council (HRC)
1. Established by General Assembly resolution 60/251 of March 15, 2006
adopted by vote called by USA of 170 Y - 4 N - 3 A.

2. Preserves system of special procedures, complaints procedure, expert

advisory body (all reviewed and re-negotiated), NGO participation

3. Broad mandate to promote and protect human rights, address situations

of violations, promote coordination of human rights in UN system,
development of international law, prevention

4. Emphasis on non-selectivity, dialogue and cooperation

5. First session June 2006, based in Geneva

Universal Periodic Review (UPR)

1. Each review to be facilitated by a ‘troika’ of 3 rapporteurs selected
randomly from HRC Members

2. Full involvement of country concerned

3. Outcome to include an assessment of human rights situation including

progress and challenges, conclusions and recommendations, including
capacity-building

4. Outcome to be adopted by HRC in plenary

5. Complement not duplicate the work of the treaty bodies

36
What do we mean by international bill of Human rights?

The International Bill of Human Rights consists of the Universal Declaration of

Human Rights, the International Covenant on Economic, Social and Cultural
Rights, and the International Covenant on Civil and Political Rights and its two
Optional Protocols.

37
Special procedures of the Human Rights Council (country and thematic)
The mandate of any special measure is based on the general obligation of states to promote and
protect human rights, as defined in Articles 1 and 55 of the Charter of the United Nations, which
obliges states parties to promote and protect human rights.

Overview of Special Procedures:

 Independent human rights experts

 They make country visits
 Mandate-holders to report and advise on human rights
 They don't get paid
 They are assigned a 3-year mandate
 Take/Necessary Measures on Individual Cases of Alleged Violations and Structural
Concerns

States include 2 Sections: Country and thematic

The Country Mandate: mandate-holders undertake country visits to assess the human rights
situation relevant to the mandate at the national level, at the request of the mandate-holder. The
Government sends an invitation for a fact-finding mission and the State may invite the mandate-
holder to visit the mission.

Done at:

1. Occupied Palestinian Territories

2. Mali
3. Islamic Republic of Iran
4. Belarus Burundi
5. Cambodia
6. Central African Republic
7. Syrian Arab Republic
8. Myanmar
9. Somalia
10. Eritrea
11. Democratic People's Republic of Korea
12. Afghanistan
13. Russian Federation

Thematic mandate: addresses topics that are violated and are followed up centrally worldwide,
including:

1. Enforced or involuntary disappearances

2. Promotion and protection of human rights while countering terrorism
38
 3. Rights of persons with disabilities
4. Trafficking in persons, especially women and children
5. Arbitrary detention
6. Torture and other cruel, inhuman or degrading treatment or punishment
7. Right to education
8. The right to development
9. Elimination of discrimination against persons affected by leprosy and their family members
10. Cultural rights
11. Right to privacy
12. Freedom of religion or belief

How are the provinces established and specified?

 The states are created by a resolution of the Human Rights Council.

 States are initially created for a fixed period of time, up to a maximum of three years, and
may be renewed.
 The decision establishing the mandate shall be known and determined.

How Do Special Procedures Work?

 Receiving complaints and submitting communications.

 Country visits for fact-finding and monitoring of the human rights situation.
 Send questionnaires to countries and prepare special studies related to their mission.
 highlighted the shortcomings of the international law of the mission and made suggestions
and recommendations.

Note:

The complaints procedure of the special procedures is not a judicial procedure, and the special
procedures have no power or authority to implement their opinions or recommendations.

39
Discussion Question

 What rights are protected by the International Covenant on Civil and

Political Rights (ICCPR)?
 Can the Human Rights Committee deal with complaints from individuals?

CHAPTER 7
The Role of Non-Governmental Organizations In
Protecting Human Rights
Education, Monitoring, Advocacy, lobbying

Introduction

Human rights can be promoted and defended at an individual, collective and

institutional level. People should be encouraged and taught to practice human
rights principles in their own daily lives. In this part we give a brief introductory
overview of the following:

 How to monitor rights and procedures under national, international and

regional law;
 Some strategies and tools for activism at community and national level.
 How to use the enforcement mechanisms at international, regional and
local levels to enforce and protect rights;

40
  The meaning of the rule of law and how it applies in practice;

At the end of this chapter, you will be able to:

 Understand the meaning of monitoring human rights;
 Outline the different mechanisms for protecting and enforcing rights at
local, regional and international.

A non-governmental organization:
A non-governmental organization (NGO) is a non-profit, citizen-based
group that functions independently of government.

NGOs, sometimes called civil societies, are organized to serve specific

social or political purposes, and are cooperative, rather than commercial,
in nature.

NGOs are nonpolitical organized group.

The term, "non-governmental organization" or NGO, came into currency

in 1945 because of the need for the UN to differentiate in its Charter
between participation rights for intergovernmental specialized agencies
and those for international private organizations.

Levels and types of NGOs:

1. We have three levels of NGOs: Local, regional and interational.

2. NGO type by can be grouped into charitable organizations; Service

organizations; Participatory organizations; Empowering
organizations, and Human rights organizaton..etc.

3. Grass roots’ organizations (bottom to up).

4. Different scope of activities.

5. Activist organizations vs. think tank organizations.

41
 6. NGOs acting in a public interest vs. NGOs pursuing particular
interest (e.g. lobbying NGOs).

• Some NGOs are concentrated on protection of human rights.

• Most NGOs – independent from government (as compared to GONGOs)

Examples of human rights NGOs

International
 Amnesty International.
 Human Rights Watch.
 Interights.
 International Committee of
Red Cross.
 European Human Rights
Advocacy Center.
 Fair Trials International.
 Mental Disability Advocacy
Center.
 Article 19.
 Reporters without Borders.
 Open Society Justice
Initiative.
National/local
 Association for Defense of
Rights and Freedoms.
 Foundation for Human and
Humanitarian Rights in
Lebanon.
 Frontiers Ruwad
Association.
 Human Rights Information
Network in Lebanon.
 KAFA (enough) Violence &
Exploitation.
 SOLIDA Movement - Support
for Lebanese Detained
Arbitrarily.
 Women's Rights Monitor.

 Do you know Human rights NGO?

 Have you ever been before a volunteer in NGO?
42
Activities and methods

• Depending on mission and scope of operation NGOs use different methods

in order to protect human rights.

• Over the years the role of NGOs grows (e.g. rapid development of Human
Rights Watch).

• NGOs understand sometimes differently the notion of „human rights”

(possibility of abuse).

• Most important features of NGOs dealing with human rights:

1. Credibility.

2. Public trust and confidence.

3. Responsiveness.

4. Independence.

5. Dynamism.

Why: NGOs may have impact?

1. they do not make political decisions.

2. NGOs are responsible before the society and their sponsors.

3. NGOs are transmitter of views of the society to the government.

Three basic methods

43
 Education

Monitoring

Advocacy

1. Education
• Education on human rights is an important element of NGOs’ activities.

• Education is a priority for many organizations. In some countries it is the

only method to advance human rights.

• You can educate on: human rights’ standards or skills how to advance
human rights (for other NGOs or activists).

• Human rights’ education may be subject of manipulation .

• e.g. „Compass” handbook,

• situation of Commonwealth of Independent States (CIS) – so called ‘horizontal”

approach to human rights (non-state actors against non-state actors
violators).

• Education has only indirect and long-term impact on human rights’

protection.

• Special educational methods:

• Law clinics (e.g. at universities).

• Street law: Street Law is an approach to teaching practically

relevant law to grassroots populations using interactive teaching
methodologies.

• Education through personal involvement (workshops, actions,

individual small projects).
44
 Monitoring projects with the personal involvement of students (e.g.)

2. Monitoring
• NGOs – role of watchdog – controlling the government and other
institutions (also private institutions).

• Monitoring:

– Selected issue.

– Day to day monitoring (e.g. freedom of speech).

– Controlling compliance with certain standards (e.g. controlling

prisons in certain area).

– Preparation of reports on compliance with human rights on the

basis of monitoring.

• Results: (i) reports, (ii) interventions, (iii) raising awareness, (iv)

accountability.

45
 • Examples:

– HRW report on violations of human rights in Russian-Georgian

conflict.

– Amnesty report on Israeli aggression against Gaza strip.

Purposes of monitoring

 to help people (monitoring + intervention).

 to have independent data and be a reliable source for media.

 to compel the government to change the law or practice.

 to compel business to change practices (e.g. sale of palm oil).

 to show violations to international community (e.g. cluster ammunition

in conflict in Georgia).

 to prepare reports to international bodies (e.g. European Union, Council

of Europe, United Nations organs, Universal Periodic Review).

Shadow reports – alternative reports prepared by NGOs in response to official

governmental reports submitted to international organs.

- e.g. shadow report under the International Covenant on Civil and Political
Rights.

- reports submitted to the Human Rights Council within the UPR.

Barriers to monitoring
• Sometimes need of cooperation with government (e.g. controlling
prisons).

• Serious monitoring requires human resources, time and money.

• You cannot expect results immediately – it is rather long-term investment.

• Monitoring in conflict zones (or concerning certain issues) may be risky

and life threatening: example: Chechnya.

46
 • In order to be influential, sometimes NGOs may need a special status at a
certain international organization (which is usually difficult to obtain for
smaller organizations), e.g.

– consultative status at the Council of Europe.

– consultative status at the ECOSOC – UN.

3. Advocacy
• Advocacy means arguing on behalf of a certain issue, idea or person

– Changing the attitude of government.

– Showing the problem.

– Convincing the society.

• Advocacy usually is implemented by NGOs, but may be implemented by a

group of individuals (e.g. individuals fighting for abolition of death penalty
in a given country).

• Advocacy means fighting for sth, but without an intent to be elected for
public position.

Example of advocacy – Cluster Munition Coalition

The Cluster Munition Coalition (CMC) is an international coalition working to
protect civilians from the effects of cluster munitions.

The CMC has a membership of around 300 civil society organizations from more
than 80 countries.

The CMC supports the initiative known as the ‘Oslo Process’ to prohibit cluster
munitions and assist affected communities.

Methods:
– Signing letters and petitions.

– Building international coalitions.

– Informing the public opinion on the problem.

47
 – Convincing famous persons to support activities.

– Public events and protests.

– Organization of conferences and other events.

– Engaging people into actions.

International and national advocacy

• International advocacy – typical topics.

– Abolishing death penalty.

– Release of political prisoners.

– Counteracting HIV/AIDS.

– Abuse of human rights by corporations.

– Anti-terrorism legislation and human rights.

– Domestic violence .

• National advocacy, examples:

– Availability of contraceptives and access to abortion.

– Ratification of an international convention by a given country (e.g.

CoE Convention on Access to Documents, UN Convention on Rights
of People with Disabilities).

– Establishing ombudsman or equality body, reform of the

constitutional court.

– Protection against hate speech.

EFFECTIVE ADVOCACY MAY NEED MONITORING

Funding of NGOs
• NGOs activities usually must have independent financing.

• institutional grants vs. project grants .

48
 • International donors: Open Society Institute, Ford Foundation, McArthur
Foundation, Sigrid Rausing Trust, Trust for Civil Society in CEE.

• Domestic donors: law firms, individual donors, some corporations (CSR

practices).

• International organizations: European Union, EFTA, Swiss Cooperation

Fund.

• Special status of NGOs – 1% of tax from individuals.

• usually most advanced and strategic activities need long-term financing

in order to be effective.

Case study

In particular, nongovernmental organizations (NGOs) have played a

primary role in focusing the international community on human rights
issues. NGOs monitor the actions of governments and pressure them to
act according to human rights principles.

1. What role do non-governmental organizations (NGOs) play in the

promotion of human rights?
2. What role do non-governmental organizations (NGOs) play in the
protection of refugees?

49
 Protection of Human rights at the three levels
No domestic law applicable: Using mechanisms at all levels

What happens in a particular situation where there is no domestic law to protect

a certain right but it goes against rights contained in an international or regional
document?

a) Local / national level

1. Protecting and enforcing your rights usually begins at local level using
local mechanisms. Countries have different legal systems and
mechanisms for protecting rights. These are suggestions for local
mechanisms that can be used to protect and enforce human rights;
2. Civil courts;
3. Criminal courts;
4. Specific local human rights mechanisms (for example, a human rights
commission).
5. Human rights organizations
6. Media
7. Social media

b) Regional mechanisms (Africa)

You can use these bodies:

1. African Commission on Human and People's Rights
2. African Court on Human and People's Rights
3. African Committee on the Rights and Welfare of the Child
4. The Council of Europe (CoE)
5. Commissioner for Human Rights
6. European Court for Human Rights (ECHR)
7. European Union Agency for Fundamental Rights
8. OSCE Office for Democratic Institutions and human Rights
9. Organization of Islamic Countries (OIC) Independent Permanent Human
Rights Commission (IPHRC)
50
 10. Arab Human Rights Committee

c) International mechanisms

The most important international mechanisms for enforcing and protecting

rights are as follows:
1. United Nations Commission on Human Rights (CHR)
2. UN Sub-Commission on the Promotion and Protection of Human Rights
(previously the Sub-commission on the Prevention of Discrimination and
Protection of Minorities)
3. Special procedures of the Commission on Human Rights (country and
thematic mechanisms)
4. Working Groups of the Commission on Human Rights
5. Treaty monitoring bodies.

Rule of law

The rule of law is a term that refers to a State in which people are governed
according to laws that are just and fair and which apply to all people equally -
and not a government decree or whim disguised as 'law'.
We can tell whether domestic laws are just and fair by comparing them to
international standards, such as the UDHR and the ICCPR. If they go against
international laws or codes, then they should be regarded as unfair and unjust.

 The rule of law means:

 Laws must be just and fair and applied equally to everyone;
 No one is above the law - everyone must obey the law, and action must
be taken against anyone who breaks the law.

51
Customary international law

Customary international law does not require a state to sign or ratify any
treaty or convention. I recognize the principles in the UDHR as representing
international legal standards that all states must apply when making their own
laws. So even if the state has not signed the ICCPR or CAT, they are still bound
by the principles of the UDHR.

The Human Rights Committee has said the following acts of a country are
breaches (violations) of customary international law:
 slavery;
 torture;
 arbitrary deprivation of life;
 arbitrary arrest and detention;
 denial of freedom of thought, conscience and religion;
 presuming a person guilty until he proves his innocence;
 executing pregnant women and children;
 permitting the advocacy of national, racial or religious hatred;
 denial of persons of marriageable age the right to marry;
 denying minorities, the right to enjoy their own culture, profess their own
religion, or to use their own language;
 No country is entitled to make laws that go against any of these provisions.

Case study

A government passes a new law that says a person must be tortured if caught
stealing. A person is duly caught stealing and punished according to this new law.
Human rights organizations complain to the Committee Against Torture (CAT)
because this form of punishment is contrary to the principles in the UDHR, the
ICCPR and the Convention against Torture. The government responds by saying it
is acting within its own laws so it is doing nothing against the law.
Think about these questions:
 Do you think the government's argument is correct and they are acting
within the rule of law (because they are acting within their own laws)?
52
 What happens if the government has not ratified the Convention against
Torture or ICCPR?

53
 CHAPTER 8
International humanitarian law
IHL

What is international humanitarian law?

1. International humanitarian law is a set of rules, which seek, for
humanitarian reasons, to limit the effects of armed conflict.
2. It protects persons who are not or are no longer participating in the
hostilities and restricts the means and methods of warfare.
3. International humanitarian law is also known as the law of war or the law
of armed conflict.
4. International humanitarian law is part of international law, which is the
body of rules governing relations between States. International law is

54
 contained in agreements between States – treaties or conventions –, in
customary rules, which consist of State practice considered by them as
legally binding, and in general principles.
5. International humanitarian law applies to armed conflicts. It does not
regulate whether a State may actually use force; this is governed by an
important, but distinct, part of international law set out in the United
Nations Charter
6. International humanitarian law applies only to armed conflict; it does not
cover internal tensions or disturbances such as isolated acts of violence.
The law applies only once a conflict has begun, and then equally to all sides
regardless of who started the fighting.
7. International humanitarian law distinguishes between international and
non-international armed conflict.
8. International armed conflicts are those in which at least two States are
involved.
9. Non-international armed conflicts are those restricted to the territory
of a single State, involving either regular armed forces fighting groups of
armed dissidents, or armed groups fighting each other.

The most important conventions of IHL

1. A major part of international humanitarian law is contained in the four
Geneva Conventions of 1949.
2. Nearly every State in the world has agreed to be bound by them. The
Conventions have been developed and supplemented by two further
agreements: The Additional Protocols of 1977 relating to the
protection of victims of armed conflicts.
3. Other agreements prohibit the use of certain weapons and military tactics
and protect certain categories of people and goods.
4. Many provisions of international humanitarian law are now accepted as
customary law – that is, as general rules by which all States are bound.

55
 The main principles of war

1. Distinction:
Parties to an armed conflict must distinguish between civilians and
combatants and between civilian objects and military targets
2. Military necessity:
Weapons or methods causing superfluous injury or unnecessary suffering are
prohibited.
3. Precautionary Measures:
Before and during an attack, every possible precaution must be taken to
minimize potential harm to civilians and civilian objects.
4. Proportionality:

56
 The expected deaths and injuries to civilians or damage to civilian objects
must not exceed the anticipated military advantage.

What is “war crimes”?

 According to the United Nations, a war crime is a serious breach of
international law committed against civilians or "enemy combatants"
during an international or domestic armed conflict.
 It is the systematic violations of the four Geneva conventions and the
principles of war.

The International Criminal Court (ICC)

1. The Rome Statute on the International Criminal Court entered into force on 01
July 2002, after a mandatory 60 state ratification was achieved and surpassed
on 11 April 2002.
2. The ICC is currently based in the Netherlands with 18 judges, a prosecutor and
a registrar having been appointed.
3. The ICC will now be able, in principle, to prosecute individuals for war crimes,
crimes against humanity and genocide.
4. These crimes include crimes committed in both international and non-
international armed conflict, of murder, enslavement, deportation or forcible
transfer of populations; torture, sexual violence (such as rape, sexual slavery,
enforced prostitution, forced pregnancy, and enforced sterilization) and
apartheid.
5. The ICC is entitled to consider cases brought against individuals, aged 18 and
above, accused of committing the most serious crimes: genocide, crimes against
humanity, war crimes and aggression.

57
Q: What are the similarities and differences between Humanitarian
Law and Human Rights Law?7

1. Both international law subjects. All IHL treaties are international in scope;
HR treaties can be international or regional.
2. IHL applies during armed conflict situations and those of occupation.
Applicability outside such situations concerns teaching, training, and
legislative implementation (applies at all times) and follow-up of
violations (after the conflict).
3. Human rights law applies at all times, but certain derogations are
possible, subject to a number of conditions, during times of emergency
4. Both sets of law protect persons against arbitrary and unnecessary cruel
treatment.

Case study
Even in periods of armed conflict, protection of basic human rights of
civilians and combatants should be ensured and this is the subject of
international humanitarian law.
 How does international law protect human rights in times of
armed conflict?
 How can we protect civilians in current wars?

7
Louise Doswald-Beck

58
 CHAPTER 9
The Convention on the Rights of the Child8
CRC

The United Nations Convention on the Rights of the Child (commonly

abbreviated as the CRC) is an international human rights treaty which sets out
the civil, political, economic, social, health and cultural rights of children.
The CRC has 54 articles that include the full and wide range of rights – civil,
political, cultural, social and economic, and they all serve as a framework for the
protection of the rights of human beings under 18 years of age. The CRC is based
on 3 categories of rights and is guided by four main principles
The CRC was adopted by the United Nations in 1989 and entered into force on 2
September 1990. The CRC applies to all children under the age of 18 in those
countries that have accepted it – and nearly every country in the world has done

8
https://www.coe.int/en/web/compass/children
59
so. Only the United States of America and Somalia have failed to ratify the
Convention.

Human rights law defines a child as any human being below the age of 18. In
2020, UNICEF estimated the total number of children in the world at 2.2 billion

Children are human beings, so they have exactly the same human rights as
adults. However, children have been
recognized as being in particular need of care
and assistance, and for that reason they also
have their "own" human rights treaty – the
Convention on the Rights of the Child (CRC).

Why is the CRC important?

The CRC is the most widely ratified human rights instrument in the world. It
stands as a landmark in the history of children's rights because it was the first
legally binding international instrument adopted specifically to protect the
rights of children.

The CRC does not offer children any more rights than other human beings, but it
does recognize that additional guarantees may be necessary in order to make
sure that children are able to access the human rights which are possessed by
everyone. It is notable among international treaties for containing the full
spectrum of human rights: civil, political, social, economic and cultural rights.

Motherhood and childhood are entitled to special care and assistance. All
children, whether born in or out of wedlock, shall enjoy the same social
protection.9

The CRC marked a shift in the way children are viewed, as the CRC considers
children as individuals with rights and responsibilities that reflect their evolving

9
UDHR, Article 25 (2)
60
capacities. Furthermore, the CRC has set a specific framework for claiming rights
for children.

If every child, regardless of their sex, ethnic origin, social status, language, age,
nationality or religion has these rights, then they also have a responsibility to
respect each other in a humane way. If children have a right to be protected from
conflict, cruelty, exploitation and neglect, then they also have a responsibility not
to bully or harm each other. If children have a right to a clean environment, then
they also have a responsibility to do what they can to look after their
environment. 1

Question: Why are some rights harder for children to access than for adults?

How does the CRC work?

Every 5 years, country signatories to the CRC have to report back to the
Committee on the Rights of the Child on progress made in ensuring respect for
the rights included in the Convention. Other organizations are also encouraged
to submit reports, and NGOs will very often pick up on possible violations of
the Convention which have not been mentioned in the Government's official
report.
The Committee is made up of independent experts and after it has considered
all submitted reports – the governments, and those submitted by NGOs – and
held a session in Geneva to question representatives of the government, it
issues a series of Concluding Observations. These are intended to be
recommendations which countries should implement in order to correct or
improve on areas where the Committee feels the Convention is not being
respected properly. They will check back on whether these recommendations
have been implemented next time the government submits its report.
Question: What would you report to the Committee on the Rights of the Child on children's rights in
your country?

Optional protocols to the CRC

There are two optional protocols to the CRC, both adopted in May 2000, which
are also monitored by the Committee on the Rights of the Child. The first is the
61
Optional Protocol on the Involvement of Children in armed conflict; the second
is the Optional Protocol on the Sale of Children, Child Prostitution and Child
Pornography.
In June 2011, the UN Human Rights Council adopted the draft of a third Optional
Protocol on a communications procedure for children's rights violations. The
new protocol will enable the Committee on the Rights of the Child to examine
communications from children and their representatives alleging violations of
their rights.

The three "P"s

The rights-protecting articles in the CRC can be grouped under three categories,
often known as the "three Ps" – participation, protection and provision.

In addition to acknowledging the rights of children to participate, the

Convention also recognizes that children may be in need of special protection,
for example against abuse, violence, exploitation and cruelty.

The third "P", for provision, covers the rights necessary for the basic survival
and for the full development of the child, for example, the right to adequate food,
clean water, shelter, formal education, and health care.

Question: How much do you listen to and respect the wishes of the young people you work
with?

The four principles

States Parties shall assure to the child who is capable of forming his or her own
views the right to express those views freely in all matters affecting the child,
the views of the child being given due weight in accordance with the age and
maturity of the child.
CRC, Article 12

Underlying the whole of the Convention is a set of four guiding principles, or

general requirements for all rights contained in the treaty. These principles also
feature as separate articles in the treaty. When the UN Committee on the Rights

62
of the Child drew up Guidelines for reporting on the Convention, these principles
were listed as separate items to be reported on.

Principle 1: Non-discrimination (Article 2)

The non-discrimination article is open-ended: it prohibits discrimination on the
grounds listed, but also disallows for other forms not mentioned explicitly. Girls
should be given the same possibilities as boys, able-bodied the same as disabled
children, Muslim the same as Hindu the same as Christian, rich the same as poor,
and so on.

States Parties shall respect and ensure the rights set forth in the present
Convention to each child within their jurisdiction without discrimination of any
kind, irrespective of the child's or his or her parent's or legal guardian's race,
color, sex, language, religion, political or other opinion, national, ethnic or social
origin, property, disability, birth or other status.
CRC, Article 2

Principle 2: The best interests of the child (Article 3)

This principle is related to the point about children being fully-fledged human
beings, whose interests are important. Yet it goes even further: it does not
merely say that children's needs are significant; it says that they should be the
primary consideration in making decisions about the child. That may not
necessarily mean doing exactly what the child wants on every occasion, because
sometimes an outsider is a better judge of a child's interests, particularly over
the long term.

Question: Who do you think should decide about what is best for the child:
the parents, the child or public authorities?

In all actions concerning children ... the best interests of the child shall be a
primary consideration.
CRC, Article 3

63
Principle 3: The right to life, survival and development (Article
6)
This principle is a great deal broader than it first appears: it imposes obligations
on states signatories to the CRC to pay attention not only to the physical
development of children, but also to their mental, spiritual, moral, psychological
and social development. Governments are supposed to "create an environment"
which is best suited to prepare each child for an individual life in a free society.

Principle 4: Respect for the views of the child (Article 12)

This principle has already been partly addressed under "participation", above.
When State Parties report back to the Committee on the Rights of the Child, they
are supposed to outline the opportunities for children to express views in the
context of family life, school life, places of institutional and other forms of care,
as well as in asylum-seeking procedures.

The provisions of the Convention on the Rights of the Child (CRC)

implemented by:
1. The Committee on the Rights of the Child, established under the
Convention and comprising independent experts, examines periodic
reports submitted by States Parties on the implementation of the
Convention .
2. The Committee adopts concluding observations, including suggestions
and recommendations on each periodic report .

3. These are transmitted to the State Party concerned and are intended to
be widely publicized and serve as a basis for national debate on how
to improve the enforcement of the provisions of the Convention .
4. States’ reports are examined in public sessions in which United Nations
specialized agencies participate and are invited to submit
information or advice on their areas of expertise .

64
 5. The Committee can transmit requests and indicate needs for technical
advice or assistance arising from States’ reports to the specialized
agencies .
6. The United Nations Children’s Fund (UNICEF),41which plays an
important role in promoting the Convention, is a significant participant
in these proceedings .
7. The Committee may recommend to the UN General Assembly that
studies on specific issues relating to the rights of the child should be
undertaken by the Secretary-General.

Discussion Questions

1. Some Islamic countries have included reservations in the

Convention on the Rights of the Child, what are these
reservations and why were they made?

65
 Chapter 10
The rights of woman

Women are entitled to enjoy the same human rights and fundamental
freedoms as other individuals. International human rights treaties require State
parties to take proactive steps to ensure that women’s human rights are
respected by law and to eliminate discrimination, inequalities, and practices that
negatively affect women’s rights. Under international human rights law, women
may also be entitled to specific additional rights such as those concerning
reproductive healthcare10.

As a particularly vulnerable group, women have special status and

protection within the United Nations and regional human rights systems.
International human rights treaties prohibit discrimination on the basis of
gender and also require States to ensure the protection and realization of

10
International Justice Resource Center- Women’s Human Rights https://ijrcenter.org/thematic-research-
guides/womens-human-rights/
66
women’s rights in all areas – from property ownership and freedom from
violence, to equal access to education and participation in government.

Gender equality is at the very heart of human rights and United Nations
values. A fundamental principle of the United Nations Charter adopted by world
leaders in 1945 is "equal rights of men and women", and protecting and
promoting women's human rights are the responsibility of all States. The High
Commissioner for Human Rights recently pledged to be a Geneva Gender
Champion committing to advance gender equality in OHCHR and in
international fora.

Yet millions of women around the world continue to experience

discrimination:
 Laws and policies prohibit women from equal access to land, property,
and housing Economic and social discrimination results in fewer and
poorer life choices for women, rendering them vulnerable to trafficking
Gender-based violence affects at least 30% of women globally.
 Women human rights defenders are ostracized by their communities and
seen as a threat to religion, honor or culture.
 Women’s crucial role in peace and security is often overlooked, as are the
particular risks they face in conflict situations
 Moreover, some groups of women face compounded forms of
discrimination -- due to factors such as their age, ethnicity, disability, or
socio-economic status -- in addition to their gender.
 Effectively ensuring women’s human rights requires, firstly, a
comprehensive understanding of the social structures and power
relations that frame not only laws and politics but also the economy, social
dynamics and family and community life.
 Harmful gender stereotypes must be dismantled, so that women are no
longer viewed in the light of what women "should" do and are instead seen
for who they are: unique individuals, with their own needs and desires.

The international framework

67
 Discrimination based on sex is prohibited under almost every human
rights treaty - including the International Covenant on Civil and Political
Rights and the International Covenant on Economic, Social and Cultural Rights,
which under their common article 3 provide for the rights to equality between
men and women in the enjoyment of all rights.

In addition, there are treaties and expert bodies specifically dedicated to the
realization of women's human rights:

 The Convention on the Elimination of Discrimination Against Women

(CEDAW)

Considered the international bill of rights for women, the Convention defines
what constitutes discrimination against women and sets an agenda for national
action to end such discrimination. It was adopted by the United Nations in 1979
and came into force on 3 September 1981.

Women's Human Rights under the Human Rights

Treaties
The primary treaty that addresses women's human rights is

 The Convention on the Elimination of All Forms of Discrimination against

Women (CEDAW).
Ratification of other human rights treaties, such as
 The International Covenant on Economic, Social and Cultural Rights
(ICESCR)
 The International Covenant on Civil and Political Rights (ICCPR),

Also imposes an obligation to eliminate discrimination and to provide for

women's equal enjoyment of those rights. Most countries have ratified one or
more of the human rights treaties so women from almost everywhere can use
the treaties to claim their human rights.

68
The Convention on the Elimination of All Forms of Discrimination against
Women (CEDAW Committee)
Adopted in 1979 by the General Assembly, is often described as an international
bill of rights for women. Most Arab countries have ratified the Convention, but
generally with reservations, in particular to article 2, which prohibits
discrimination against women in national constitutions and laws. Few Arab
States have ratified the Optional Protocol to the Convention, thereby limiting the
right of women to file individual complaints to international human rights
bodies. The 1994 International Conference on Population and Development
(ICPD) affirms women’s right to sexual and reproductive health11

A group of 23 independent experts on women's rights from different

States have ratified the Convention. Countries that are parties to the Convention
must submit reports detailing their compliance with its provisions every four
years. The Committee (the treaty body) reviews those reports and may also hear
claims of violations and inquire into situations of grave or systemic
contraventions of women’s rights.

The Special Rapporteur on violence against women

In 1994 the United Nations resolved to appoint a Special Rapporteur - an

independent expert -- on the causes and consequences of violence against
women. The Special Rapporteur investigates and monitors violence against
women, and recommends and promotes solutions for its elimination.

The Working Group

In 2010 the Human Rights Council established a Working Group on the issue of
discrimination against women in law and in practice to promote the elimination
of laws that discriminate against women and/or have a discriminatory impact
on them.

11
UN WOMEN- Convention on the elimination of all forms of discrimination against women,
https://www.un.org/womenwatch/daw/cedaw/
69
WHY IS IT IMPORTANT TO STAND UP FOR WOMEN’S RIGHTS?
1. Women’s Rights are Human Rights

It might seem like an obvious point, but we cannot have a free and equal
society until everyone is free and equal. Until women enjoy the same rights as
men, this inequality is everyone’s problem.

2. Protecting women’s rights makes the world a better place

According to the UN, “gender equality and the empowerment of women and
girls is not just a goal in itself, but a key to sustainable development, economic
growth, and peace and security”. Research has shown this to be the case –
society gets better for everyone when women’s rights are upheld and taken
seriously.

3. We’re stronger when we work together

Although grassroots movements have done so much to effect change, when

everyone comes together to support women’s rights we can be so much
stronger. By working alongside individual activists and campaigners on the
ground as well as running our own targeted campaigns, movements.

70
Ways to advocate women’s right today, and every day

• Raise your voice

• the most important way to be an advocate is speaking up. By raising your
voice for women’s rights and gender equality, you can spread awareness
1 and break down barriers.

• Support one another

• Supporting women and those that empower women, is essential to
achieving gender equality. Whether you’re working with women to
2 navigate the legal system, or supporting women entrepreneurs in your
community, you can make a difference.

• Share the workload

• Empowering women can start in your own home.
• women carry out at least two and a half times more unpaid household and
3 care work than men.

• Know you rights and educate the next generation

Case Study

“Nationality is one of the complex issues of human rights granting a person

the legal status that confers on him or her the rights and obligations to obtain
full citizenship. That is why all international declarations and conventions
recognize that "everyone has the right to a nationality" and states, "no one shall
be arbitrarily deprived of his nationality nor denied the right to change his
nationality”. In Lebanon, women give birth but not nationality. The law says
citizenship is transmitted through bloodline”.

1. To which category Nationality right belongs to? Mention 5 rights of this

category?

2. What are the problems that a person without nationality or legal personality
will face?

71
3. What are the national legal documents that can be used to support the right of
Lebanese woman if exist?

4. What are the international human rights documents that can be used to
defend the rights of woman?

5. If you are a human rights activist, what are the local mechanisms that should
use to defend and protect human rights of woman in this case?

6. What are the international mechanisms that you should use to defend and
protect human rights?

-----------------------------------

1. Answers should be direct and not more than 1000 words /font size 15

2. Answers should be submitted as attached document file (Word).

3. Students must mention the references that they depend on.

72
 Chapter 12
Freedom of opinion and expression as human rights

Freedom of opinion and expression are fundamental rights that contain

both a personal and a social dimension. They are considered “indispensable
conditions for the full development of the person”, “essential for any society” and
a “foundation stone for every free and democratic society”. All forms of
communication are protected, including “political discourse, commentary on
one’s own and on public affairs, canvassing, discussion of human rights,
journalism, cultural and artistic expression, teaching and religious discourse”.

Under the ICCPR, freedom of expression includes the “freedom to seek,

receive and impart information and ideas of all kinds, regardless of frontiers,
either orally, in writing or in print, in the form of art, or through any other media
of a person’s choice”. This protects expression in all forms, including spoken,
written and sign language, and non-verbal expressions through artworks.

Without free speech, the enjoyment of other rights is not possible. For
example, freedom of speech, along with freedom of assembly and association,
are necessary for the effective exercise of the right to vote. The right to
participate in public affairs, voting rights and the right of equal access to public
service.

73
 The right to vote is compromised in a society that does not have a free
exchange of ideas and information on public and political matters between
citizens, candidates and elected representatives.

However, free speech is not an absolute right and can be limited where it
is necessary and done in a proportionate manner. Under the ICCPR, freedom of
expression can only be restricted by law and where necessary to respect of the
rights or reputations of others; or for the protection of national security or of
public order, or of public health or morals.

By reason of those parameters, defamation and hate speech laws can be

justifiable as protecting the reputation and rights of others, so long as they are
not overbroad. However, laws, for example, that restrict door-to-door
canvassing in an election or activities such as blocking access to media sources
are likely to violate the freedom.

Finally, freedom of expression plays an important role upholding other

human rights. Transparency and accountability for human rights abuses are
enhanced by freedom of expression, making it an essential precondition to
ensuring the proper protection of rights.

Case study

Article 19. Everyone has the right to freedom of opinion and expression; this
right includes freedom to hold opinions without interference and to seek,
receive and impart information and ideas through any media and
regardless of frontiers.

The protection and exercise of these rights are essential components of a

democratic society (see also Article 21). The freedom to ‘seek and impart
information and ideas through any media’ calls for the media to be free and
independent, to criticize the government and to stimulate debate on policy .

The underlying motive behind repression of freedom of opinion and

expression is fear: fear of the challenge presented by alternative views and fear
that derives from the knowledge that freedom of opinion and expression is a
basic tool for securing every other fundamental freedom. While governments
74
do succeed in restricting these freedoms within their own jurisdiction, there is
no way in which they can ultimately stifle free thought, opinion and expression.
Banning books does not erase them, and prohibiting their publication does not
preclude them from being published and read elsewhere, or from being
circulated in another form. Modern technology is a very significant factor in
promoting the flow of and access to information12.

Are there any international safeguards for freedom of the media and of
information?

12
UNESCO Publishing- Human Rights Questions and Answers, https://cutt.ly/nCWhaCI
75
 Universal Declaration of Human rights

December 10, 1948

Preamble:
Whereas recognition of the inherent dignity and of the equal and inalienable rights of all
members of the human family is the foundation of freedom, justice and peace in the world,

Whereas disregard and contempt for human rights have resulted in barbarous acts which have
outraged the conscience of mankind, and the advent of a world in which human beings shall
enjoy freedom of speech and belief and freedom from fear and want has been proclaimed as the
highest aspiration of the common people,

Whereas it is essential, if man is not to be compelled to have recourse, as a last resort, to

rebellion against tyranny and oppression, that human rights should be protected by the rule of
law,

Whereas it is essential to promote the development of friendly relations between nations,

Whereas the peoples of the United Nations have in the Charter reaffirmed their faith in
fundamental human rights, in the dignity and worth of the human person and in the equal rights
of men and women and have determined to promote social progress and better standards of life
in larger freedom,

Whereas Member States have pledged themselves to achieve, in co-operation with the United
Nations, the promotion of universal respect for and observance of human rights and
fundamental freedoms,

Whereas a common understanding of these rights and freedoms is of the greatest importance for
the full realization of this pledge,

Now, Therefore THE GENERAL ASSEMBLY proclaims THIS UNIVERSAL DECLARATION OF

HUMAN RIGHTS as a common standard of achievement for all peoples and all nations, to the end
that every individual and every organ of society, keeping this Declaration constantly in mind,
shall strive by teaching and education to promote respect for these rights and freedoms and by
progressive measures, national and international, to secure their universal and effective
recognition and observance, both among the peoples of Member States themselves and among
the peoples of territories under their jurisdiction.

Article 1

All human beings are born free and equal in dignity and rights. They are endowed with reason
and conscience and should act towards one another in a spirit of brotherhood.

76
Article 2

Everyone is entitled to all the rights and freedoms set forth in this Declaration, without
distinction of any kind, such as race, color, sex, language, religion, political or other opinion,
national or social origin, property, birth or other status. Furthermore, no distinction shall be
made on the basis of the political, jurisdictional or international status of the country or territory
to which a person belongs, whether it is independent, trust, non-self-governing or under any
other limitation of sovereignty.

Article 3

Everyone has the right to life, liberty and security of person.

Article 4

No one shall be held in slavery or servitude; slavery and the slave trade shall be prohibited in all
their forms.

Article 5

No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.

Article 6

Everyone has the right to recognition everywhere as a person before the law.

Article 7

All are equal before the law and are entitled without any discrimination to equal protection of
the law. All are entitled to equal protection against any discrimination in violation of this
Declaration and against any incitement to such discrimination.

Article 8

Everyone has the right to an effective remedy by the competent national tribunals for acts
violating the fundamental rights granted him by the constitution or by law.

Article 9

No one shall be subjected to arbitrary arrest, detention or exile.

77
Article 10

Everyone is entitled in full equality to a fair and public hearing by an independent and impartial
tribunal, in the determination of his rights and obligations and of any criminal charge against
him.

Article 11

(1) Everyone charged with a penal offence has the right to be presumed innocent until proved
guilty according to law in a public trial at which he has had all the guarantees necessary for his
defense.
(2) No one shall be held guilty of any penal offence on account of any act or omission which did
not constitute a penal offence, under national or international law, at the time when it was
committed. Nor shall a heavier penalty be imposed than the one that was applicable at the time
the penal offence was committed.

Article 12

No one shall be subjected to arbitrary interference with his privacy, family, home or
correspondence, nor to attacks upon his honour and reputation. Everyone has the right to the
protection of the law against such interference or attacks.

Article 13

(1) Everyone has the right to freedom of movement and residence within the borders of each
state.
(2) Everyone has the right to leave any country, including his own, and to return to his country.

Article 14

(1) Everyone has the right to seek and to enjoy in other countries asylum from persecution.
(2) This right may not be invoked in the case of prosecutions genuinely arising from non-
political crimes or from acts contrary to the purposes and principles of the United Nations.

Article 15

(1) Everyone has the right to a nationality.

(2) No one shall be arbitrarily deprived of his nationality nor denied the right to change his
nationality.

78
Article 16

(1) Men and women of full age, without any limitation due to race, nationality or religion, have
the right to marry and to found a family. They are entitled to equal rights as to marriage, during
marriage and at its dissolution.
(2) Marriage shall be entered into only with the free and full consent of the intending spouses.
(3) The family is the natural and fundamental group unit of society and is entitled to protection
by society and the State.

Article 17

(1) Everyone has the right to own property alone as well as in association with others.
(2) No one shall be arbitrarily deprived of his property.

Article 18

Everyone has the right to freedom of thought, conscience and religion; this right includes
freedom to change his religion or belief, and freedom, either alone or in community with others
and in public or private, to manifest his religion or belief in teaching, practice, worship and
observance.

Article 19

Everyone has the right to freedom of opinion and expression; this right includes freedom to hold
opinions without interference and to seek, receive and impart information and ideas through
any media and regardless of frontiers.

Article 20

(1) Everyone has the right to freedom of peaceful assembly and association.
(2) No one may be compelled to belong to an association.

Article 21

(1) Everyone has the right to take part in the government of his country, directly or through
freely chosen representatives.
(2) Everyone has the right of equal access to public service in his country.
(3) The will of the people shall be the basis of the authority of government; this will shall be
expressed in periodic and genuine elections which shall be by universal and equal suffrage and
shall be held by secret vote or by equivalent free voting procedures.

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Article 22

Everyone, as a member of society, has the right to social security and is entitled to realization,
through national effort and international co-operation and in accordance with the organization
and resources of each State, of the economic, social and cultural rights indispensable for his
dignity and the free development of his personality.

Article 23

(1) Everyone has the right to work, to free choice of employment, to just and favourable
conditions of work and to protection against unemployment.
(2) Everyone, without any discrimination, has the right to equal pay for equal work.
(3) Everyone who works has the right to just and favourable remuneration ensuring for himself
and his family an existence worthy of human dignity, and supplemented, if necessary, by other
means of social protection.
(4) Everyone has the right to form and to join trade unions for the protection of his interests.

Article 24

Everyone has the right to rest and leisure, including reasonable limitation of working hours and
periodic holidays with pay.

Article 25

(1) Everyone has the right to a standard of living adequate for the health and well-being of
himself and of his family, including food, clothing, housing and medical care and necessary social
services, and the right to security in the event of unemployment, sickness, disability,
widowhood, old age or other lack of livelihood in circumstances beyond his control.
(2) Motherhood and childhood are entitled to special care and assistance. All children, whether
born in or out of wedlock, shall enjoy the same social protection.

Article 26

(1) Everyone has the right to education. Education shall be free, at least in the elementary and
fundamental stages. Elementary education shall be compulsory. Technical and professional
education shall be made generally available and higher education shall be equally accessible to
all on the basis of merit.
(2) Education shall be directed to the full development of the human personality and to the
strengthening of respect for human rights and fundamental freedoms. It shall promote
understanding, tolerance and friendship among all nations, racial or religious groups, and shall
further the activities of the United Nations for the maintenance of peace.
(3) Parents have a prior right to choose the kind of education that shall be given to their
children.

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Article 27

(1) Everyone has the right freely to participate in the cultural life of the community, to enjoy the
arts and to share in scientific advancement and its benefits.
(2) Everyone has the right to the protection of the moral and material interests resulting from
any scientific, literary or artistic production of which he is the author.

Article 28

Everyone is entitled to a social and international order in which the rights and freedoms set
forth in this Declaration can be fully realized.

Article 29
(1) Everyone has duties to the community in which alone the free and full development of his
personality is possible.
(2) In the exercise of his rights and freedoms, everyone shall be subject only to such limitations
as are determined by law solely for the purpose of securing due recognition and respect for the
rights and freedoms of others and of meeting the just requirements of morality, public order and
the general welfare in a democratic society.
(3) These rights and freedoms may in no case be exercised contrary to the purposes and
principles of the United Nations.

Article 30

Nothing in this Declaration may be interpreted as implying for any State, group or person any
right to engage in any activity or to perform any act aimed at the destruction of any of the rights
and freedoms set forth herein.

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 Exam samples

Part I: Objective

1. Multiple Choice Statements

 15 points
 1 point is allocated for each statement.

# Statement

1 What is the main aim of human rights?

A. To teach morals and ethics

B. To develop friendly relations
C. To make people sensible
D. To establish peace, security and one world
2 Values Model is part of which of the basic concept?

A. Dignity
B. Human Rights Education
C. Liberty
D. Justice
3 Human Rights can be divided into____________ generations:

A. Three
B. Two
C. Four
D. Five
4 What entitlement will be there for a negative human rights holder?

A. Positive thinking
B. Non-interference
C. Positive good
D. None of the above
5 Natural duties will bind on whom?

A. Special people
B. All of us
C. Older people
D. Women

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6 What is the alternative name for human rights?

A. Statutory rights
B. Possessive rights
C. Passive rights
D. Corporal rights

7 In which year the General Assembly set the Universal Declaration of Human Rights?

A. 1942
B. 1945
C. 1948
D. 1950
8 What type of agreement in general imposes an obligation on states to carry the
principles of it in municipal law?

A. Declaration
B. Resolution
C. Conference
D. Covenant
9 After _____________ an international agreement will be binding on the state.

A. Signature
B. Ratification
C. Observing
D. Monitoring
10 What is the meaning of the treaty?

A. Document
B. Note
C. Occasional paper
D. Legal Agreement
11 Which organization of the United Nations deals with the rights of Labor?

A. The General Assembly

B. The Security Council
C. The International Labor Organization (ILO)
D. The International Court of Justice
12 The expectation that you will treat other people in the same way that you would want
to be treated yourself is known as:

A. Tolerance
B. Respect

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 C. Accountability
D. Participation

13 Everyone should know what decisions have been made, who made them and for what
reasons; this is known as:

A. Transparency
B. Accountability
C. Gender sensitivity
D. Tolerance

14 Customary international laws:

A. States are obliged to sign

B. States are not obliged to sign
C. Rules are only in the national laws of the states
D. Rules with no obligation

15 Getting more interested people to support human rights and create awareness means:

A. Monitoring
B. Advocacy
C. Lobbying
D. None of the above

I. True and False Statements

 10 points
 1 point is allocated for each statement.

# Statement

1 Positive duties impose obligations to do good. Negative duties prevent us from doing
bad things. (T)

2 Duty simplifies a moral obligation. (F)

3 Bilateral treaty is an agreement between three or more states to formulate uniform

rules of international law and its standards. (F)

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4 The Universal Declaration of Human Rights has non-binding nature but has received
universal recognition and acceptance by the whole international community. (T)

5 The International Criminal Court (ICC) deals with resolving disputes between states.
(F)

6 Transparency means that everyone should know what decisions have been made. (T)

7 Universality is a main characteristic of national law. (F)

8 The universal Declaration of Human Rights states that he right to a fair trial should be
suspended if a person is charged with an infamous crime. (F)

9 NGOs (Non-Governmental Organizations)play an important role in running public

campaigns and mobilizing communities to support human rights and create
awareness..

10 Most international human rights conventions and treaties do not make provision for
procedures for enforcing international human rights law. (T)

III- Matching

 Instructions:
 Two sets of questions, please match the key words in set A with their
corresponding in set B.
 10 points
 1 point is allocated for each term.

Term Term Matching Statement

Number Number

1 Treaty A The international Covenant for the Civil and

Political Rights.(1)
2 Convention B Applied to any one, everywhere at any time
(8)

3 Covenant (A) C Legally Binding agreement between states

(1)

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 4 Protocol D Multilateral agreement under the auspices of
an international organization such as the
United Nations

5 Duty E Obligation to do

6 Non- F Civil Society

Governmenta
l
Organization
s

7 Monitoring G Additional legal instrument entered by

states to rectify the defects.

8 Universality H Executive authority of the United Nations

9 Security I Observing
Council

10 General J Legislative authority of the United Nations

Assembly

Part II: Subjective

I- Subjective Short questions

 Short Questions (three lines maximum)
 16 points
 4 points is allocated for each question

1. Who has human rights?

2. Who looks after human rights?
3. How can I defend my right?
4. How can we say that human right is universal when we have many people all
over the world suffering from many violations?

II- Subjective Essay questions

 Instructions:

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  Here below are four essay questions. You are required to answer
THREE (10 points each).
 You are required to be clear in your explanation

1- A white football fan shouts out a racist remark against a black football fan in the crowd.
Racial discrimination is against the Human Rights Act but he says that he is exercising
his human right to “freedom of expression”.

Which one is the more important in this case in your opinion? Justify your
answer and its impact.

2- Human Rights Education is fundamental to create awareness for the basic rights and
freedoms. Discuss the importance, and how can Non-governmental organizations
assist in this field.

3- What is meant by rule of law and its impact?

4- In your opinion, are human rights only a problem in non-democratic countries? Justify
and explain how can we make an effort in reducing human rights violation?

III- Case Study

Read the following Lebanese situation and then answer the questions that follow.

The Preamble of the Lebanese Constitution states that all the Lebanese people are equal in
their rights and obligations; however, the Lebanese women cannot grant nationality for their
children, while the Lebanese men can. On the other hand, Lebanon has ratified CEDAW and
the International Covenant for Civil and Political Rights, and adopted the Universal
Declaration for Human Rights.

1. Do you consider this as a form of discrimination? If yes justify. (4 points)

2. How does this status consider as a violation of Human Right? (4 points)
3. What national and international instruments we have to refer to and what is its
legal power? (4 points)
4. Draw the mechanism for human rights action to defend this status. (5 points)

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 Lebanese International University
School of Education

Final project exam

Dear students,

Human rights students are invited to make a final project exam that
will include one meaning or more of the following terms:

 Human rights education

 Universal declaration for human rights (UDHR)
 The seventy university of UDHR
 Human rights definitions
 Human rights characteristics
 Fourth generation of human rights
 Human Rights challenges during these days.
 Human rights and the war
 The main instruments for protecting human rights (locally,
regionally and internationally)
 International jurisdiction.
 Documentation and reporting.
 The role of NGOs in protecting human rights.
 Human rights and media
 Woman and human rights
 Child and human rights.

Projects are accepted only if:

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1. Covers learning outcomes described in the syllabus.
2. done based on APA13 style of citation
3. Students can work individually or in pairs, and every student should
take a part of the project.
4. Students must submit a brief proposal on the target topic for you to
approve (plan).
5. Creativity and depending on your own effort.

This project may be one of the following:

1. A photo (high resolution size 20*30 or 30*40 )

2. Painting about the right of (woman, refugees, children, democracy,

media…) (size A1 or A2 or A3)

Example\;

https://www.humanrights.gov.au/young-people-and-human-
rights-art-comp

3. Cartoon and caricature

Example\;
http://clickcartoone.blogspot.com/2014/08/international-
caricature-competition.html

4. Presentation on a power point that gives a brief and useful data. (no
more than 20 slides in English language)

5. Video ( 10 minutes, you may use your mobile video camera of high
quality )

Example\;
https://www.amnesty.org/en/latest/education/2015/05/10-
best-human-rights-videos/

APA (American Psychological Association) style is most frequently used within the social sciences, in 13
order to cite various sources. This APA Citation Guide, revised according to the 6th edition of
the APA manual, provides the general format for in-text citations and the reference page.
89
 6. Game about human rights terms (Test your human rights
education)

Example: http://youth-
egames.org/index.php?option=com_content&task=view&id=40
&Itemid=84

7. Writing a theatrical text or acting in play for human rights issues.

8. Documentation certain humanitarian case depending on the human

rights criteria. (5 (Wh) questions, human rights approach, and
recommendations, photos, certificates and testimonies)

Example:

https://www.pinterest.com/bairdtl/human-rights-project/

Notes:

 This project must be finished and presented before

(16\1\2019)

 Student should review our lectures and presentations.

 All the projects must be given on a hard copy and soft copy

Samples

Human Rights Badges: Students created human rights badges for which
youngsters write letters, create posters, watch and discuss human rights
videos, and study human rights problems.
A Human Rights Quilt: Students created a quilt containing symbolic
representations of the articles of the Convention on the Rights of the Child and
a catalogue to explain each article. The finished quilt went on tour to public
buildings and other schools.
The Big Letter: Students make a splash on campus by co-writing a letter
about a human rights issue or victim on 3’ x 4’ butcher paper, collecting many
signatures, and mailing it to a public official in a very large envelope.
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Petitions against Pollution: A group called Kids against Pollution (KAP) in
Closer, NJ, is circulating a national petition advocating the adoption of state and
national constitutional amendments to guarantee citizens the right to clean air,
water, and land.
Dramatic Presentations: A middle school class in the Midwest wrote human
rights play based on an Amnesty International Urgent Action appeal and
performed it for the whole school.

Best Regards,

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