INTERNATIONAL

CONGRESS
ON THE TEACHING
OF
H U M A N RIGHTS
Working Documents
and Recommendations

Vienna, 12,16 September 1978

 INTERNATIONAL
CONGRESS
ON T H E TEACHING
OF
H U M A N RIGHTS
September 1978, Vienna
Under the auspices of
the United Nations Organizati
for Education,
Science and Culture

Thirtieth Anniversary
of the Universal Declaration
of H u m a n Rights

(ynesoo
Published in 1980 by the United Nations
Educational, Scientific and Cultural Organization
7, place de Fontenoy, 75700 Paris

Printed in the workshops of Unesco

ISBN 92-3-101781-0
Congrès international sur l'enseignement
des Droits de l'Homme. Sept. 1978. Vienne ISBN92-3-201781-4

© Unesco 1980
Printed in France
Preface

The International Congress on the Teaching of Human Rights, held

in Vienna from 12-16 September 1978, was an occasion to gather e x -
perts and interested parties from all over the world to discuss
the development of a programme of action for human rights education.
For Unesco, the Congress was only one element in a programme of con-
tinuing activity for education as a means of ensuring the observance
of human rights. Nonetheless, the Vienna Congress is a landmark
in the development of international education relating to human
rights and fundamental freedoms, in that it gathered together for
the first time teachers, educators, activists, experts and govern-
ment officials representing the various viewpoints in this field.
The authors of the papers contained in this publication adop-
ted different approaches in presenting their views. However, their
unity of purpose for the development of human rights education is
revealed by their consensus with respect to the Final Document of
the International Congress on the Teaching of Human Rights and in
the reports of the rapporteurs.
The conclusions and suggestions advanced at the end of the
Vienna Congress make it possible to outline a long-term programme
for developing university teaching of human rights, with a view to
encouraging three kinds of training in human rights, which the
Director-General of Unesco included in the Organization's draft
programme for 1979-1980.
(a) Basic training in human rights : this would deal with all
the international aspects of human rights, priority being
given to the developing countries and to advanced students.
The more underprivileged should be provided with an I n -
creasing number of scholarships, subsidies for research,
equipment or study tours in order to produce the neces-
sary human resources for developing a knowledge of human
rights.
(b) Specialized training in human rights : without prejudicing
the conceptual unity of human rights, there are two ways
in which such training might be directed, the choice of
one, of course, not excluding the other : by discipline
and by soclo-professional status. Consequently, it would
be advisable to plan programmes which met the needs of
the different disciplines, other than the legal ones,
which have so far been little affected by human rights.
The most important of these are the scientific, medical
and para-medical disciplines, as well as the literary and
 historical disciplines. Specialized training of this
kind should also be able to meet the specific conditions
of certain socio-professional categories that have a
special duty to defend human rights, as is the case with
members of the legal or para-legal professions (lawyers,
judges), trade unions and professional associations, or
to deal with human rights problems as "professionals", as
is the case with certain civil servants who are called
upon, at both the national and the•international levels,
to exercise responsibilities in these fields. The train-
ing and refresher training of university teachers of
human rights should be planned from this point of view.
(c) Training in human rights : adapted to the regional charac-
teristics, this could lead to the establishment of re-
gional centres for human hights teaching and training,
particularly for those regions where the teaching of
human rights seems to be less developed.
With this publication, Unesco disseminates throughout the world
the results of the Vienna International Congress on the Teaching of
Human Rights. The publication is addressed to all Member States,
National Commissions,Unesco Clubs, Associated Schools, and non-
governmental organizations in consultative status with Unesco.
Most importantly, the publication is being sent to universities, to
inform them of various possible ways of incorporating human rights
into their curriculum and of the importance that the international
community attaches to education for human rights, as proclaimed in
the Universal Declaration of Human Rights.
This publication's comprehensive information about the Inter-
national Congress on the Teaching of Human Rights, including its
collection of papers on the current worldwide status and needs of
human rights education as prepared by international and regional
organizations, particular countries, and individual experts, should
serve as a valuable resource document in the field of the teaching
of human rights.
Table of Contents

Page

I. Organization of the Congress 9

II. Address delivered at the opening of the Congress
by :
1. Mr. Amadou-Mahtar M'Bow, Director-General
of Unesco 15
2. H.E. Mr. Rudolf Kirchschlãger, Federal President
of the Republic of Austria 25
III. United Nations resolutions and Unesco decision
concerning the Vienna Congress 29
A. Resolution 3 (XXXIII) of the United
Nations Commission on Human Rights 31
B. Paragraph 10 of Unesco Executive Board
Decision EX 103/Decision 6.2 33
C. Resolution 32/123 adopted by the United
Nations General Assembly 35
IV. The Final Document of the International Congress
on the Teaching of Human Rights 37
V. Selected Working Documents 49
A. Reports on the teaching of human rights
in the universities 49
1. University teaching of human rights
in faculties of law and economics 51
2. The teaching of human rights and
professional ethics in faculties or
schools of medicine 61
B. Reports from international organizations 91
1. The, promotion of the teaching of
human rights through the United Nations
Programme of Advisory Services 93
2. The dissemination of international
humanitarian law in general, with
special emphasis on its teaching
in universities 115
3. Teaching and dissemination of human
rights instruments on the protection
of refugees 127
 4. Human rights teaching and.research
in the Inter-Ämerican system ... ; 133
5. Report of the non-governmental orga-
nizations seminar on "Content and
Methods of Education for Human Rights" ... 137
C. Reports concerning the teaching of human
rights in the various regions of the world .... 151
1. Final report on the preparatory
meeting and of the survey on the
teaching of human rights in the
Caribbean 153
2. Human rights education and the Council
of Europe : stock-taking and future
perspectives 165
3. Perspectives on the teaching of human
rigTïts in the European Socialist
countries 207
4. Human rights, universities and the
Arab world 217
5. Human rights research and education -
an Asian perspective 223
6. Summary report of the Symposium on
International Human Rights Education,
Wingspread Conference Center, Racine,
Wisconsin, USA 243
VI. Annexes - Statements made by Rapporteurs 247
1. Rapporteur of Committee I :
Miss Badrya Al-Awadi ' 249
2. Rapporteur of Committee II :
Mr. Adam Lopatka 255
3. Rapporteur general : Mr. Louis Pettiti 257
I. Organization of the Congress
On the eve of the thirtieth anniversary of the Universal Declaration
of Human Rights, Unesco, with the close co-operation of the Govern-
ment of the Federal Republic of Austria, convened the first Inter-
national Congress on the Teaching of Human Rights. The Congress
served a dual purpose. First, it marked this anniversary with a
stock-taking of the situation in the world concerning education
for human rights, thirty years after the General Assembly proclaimed
the 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 pro-
mote respect for these rights and freedoms ...". Also it provided
an opportunity for specialists in human rights teaching and re-
search, together with those responsible for education policies of
Unesco Member States, to exchange their views and experience free-
ly, in order to adopt a series of conclusions and recommendations
designed to develop human rights teaching at all levels, in the
context of both school and out-of-school education. These recom-
mendations appear in the Final Document of the Vienna Congress,
adopted by consensus and without reservation.
The sequence of events leading to the convening of the Congress
began with the proposal for such a meeting -made by Mr. Willibald
Pahr, Federal Minister of Foreign Affairs of the Republic of
Austria, to the Nineteenth General Conference of Unesco, held in
Nairobi, Kenya (November 1976). The United Nations Commission on
Human Rights, in resolution 3 at its 33rd session (February-March
1977), recommended that education for human rights be chosen as an
appropriate theme to mark the thirtieth anniversary year of the
Universal Declaration of Human Rights.
In accordance with these preliminary actions, Unesco's Execu-
tive Board decided at its 103rd Session (September-October 1977,
103 EX/Decision 6.2) to invite the Director-General of Unesco to
take all the necessary steps within Unesco's field of competence and
within existing budgetary resources, to give effect to resolution 3
(XXXIII) of the United Nations Commission on Human Rights by fol-
lowing up the initiative of the Government of the Federal Republic
of Austria to convene during the month of September 1978, in Vienna,
an international congress on human rights education.
The General Assembly of the United Nations in adopting resolu-
tion 32/123 at its 32nd Session (December 1977) welcomed the de-
cision of Unesco to organize the Vienna Congress and considered it
appropriate to mark the thirtieth anniversary with a programme of
action for human rights.

11
 The full texts of these decisions and resolutions are repro-
duced for reference in section III of this publication.
Preparatory activities for the Congress were undertaken through-
out 1978. At the invitation of the Economic and Social Council,
Unesco submitted to the 34th Session of the United Nations Commis-
sion on Human Rights a preliminary report on the situation with
regard to the teaching of human rights throughout the world (docu-
ment E/CN.4/1274).
Regional preparatory conferences were held in Kingston, Jamaica,
Caracas, Venezuela, and at the Wingspread Conference Centre in
Racine, Winconsin, USA. The non-governmehtal organizations in con-
sultative status with Unesco held a preparatory seminar in Paris,
organized in largj part by Amnesty International.
A number of Unesco National Commissions conducted surveys and
analysed the situation in their own countries, contributing their
findings to the Congress. Reports on subjects of concern to the
Congress were solicited by Unesco from international organizations,
individual experts, institutions and National Commissions in order
to comprise the working documents for participants in the Congress.
Many of these preparatory reports are included in Section V of this
publication.
The International Congress on the Teaching of Human Rights was
set for 12-16 September 1978 in the Kongresszentrum of the Hofburg
Palace, Vienna. Experts from all regions of the world were invited
by the Director-General to participate in their individual capaci-
ties. Representatives from organizations of the United Nations
system and observers from non-governmental organizations in consul-
tative status with Unesco were invited to attend the Congress.
The Congress was opened on 12 September by Mr. Amadou-Mahtar
M'Bow, Director-General of Unesco. Following the speech of the
Director-General, the Representative of the Secretary-General of
the United Nations, and the President of the Federal Republic of
Austria addressed the participants and observers. The inaugural
address was delivered by Mr. Willibald Pahr, Federal Minister of
Foreign Affairs of the Republic of Austria, who was elected President
of the Congress by acclamation.
The formation of a bureau, representative of all the regions
of the world, was the first action of the plenary session of the
Congress. The following Vice-Presidents were elected : Mr. S.Malinin
(USSR), Mr. T. Buergenthal (USA), Mr. J. Cooray (Sri Lanka) and
Mr. Luis Echeverría (Mexico). Mr. L. Pettiti (France) was elected
Rapporteur of the Congress. The President and Rapporteur of Com-
mittee I were Mr. C. Dunshee de Abranches (Brazil) and Miss Badrya
Al-Awadi (Kuwait), respectively. Chief R. Agiobu-Kemmer (Nigeria)
was elected President of Committee II, and Mr. A. Lopatka (Poland)
was elected the Rapporteur.
The business of the Congress was organized into plenary de-
bates and working comMttee meetings. The agenda for the plenary
meeting on the first full day of the Congress was concerned with the
state of human rights education in the world today. The partici-
pants in the debate often noted the manner in which the subject was
being handled in their own countries, but also emphasized the situa-
tion of underdevelopment that characterizes the field of human rights
education in all countries of the world at present.
For two days after the plenary -meeting, the participants and
observers discussed specific proposals for the teaching of human

12
rights in the two working committees. Committee I met three times
and discussed the content of teaching and research in the field
of human rights. Committee II concerned itself with methods and
structures of education and research in human rights during four
meetings. An outline of the discussions of the two committees can
be found in the programme and in the reports given by the respective
rapporteurs, included as Annexes 1, 2 and 3.
The closing plenary session of the Congress was held the morn-
ing of 16 September. The rapporteurs of the working committees
presented their reports,after which the General Rapporteur of the
Congress introduced the Final Document, which had been prepared on
the basis of the many suggestions formulated during the debates.
One hundred and fifty experts of education and human rights,
acting in their personal capacity, from over 60 countries represent-
ing all regions of the world, participated in the Congress. Like-
wise, over 100 observers from diverse international non-governmental
organizations contributed to the work of the Congress, including
the elaboration of the Final Document. The proposals contained in
the Final Document reflect this widespread participation.
The Final Document of the International Congress on the Teach-
ing of Human Rights provides an outline for the development of sub-
stantial programmes in the area of teaching and education for
human rights. The recommendations are addressed to universities,
research institutions, governments, international organizations and
individual teachers.
The ten principles and considerations in Part I of the Final
Document emphasize the indivisibility of the different categories
of human rights as well as the need for teaching about human rights
at all levels of education, including out-of-school settings.
In Part II of the Final Document, the Congress recommends three
ways to mark the thirtieth anniversary of the Universal Declaration
of Human Rights with a strong commitment to the development of edu-
cation for human" rights.
Proposed are a Unesco Six-Year Plan for human rights teaching
and education, the establishment of a Voluntary Fund for the deve-
lopment of knowledge of human rights through teaching and informa-
tion, and a proposed Unesco Convention on human rights teaching and
education to give effect to the principle set out in Article 26,
paragraph 2 of the Universal Declaration of Human Rights.
Member States of the United Nations system, non-governmental
organizations, universities, institutes and individuals are en-
couraged to give the greatest attention to the results of the Vienna
International Congress on the Teaching of Human Rights, to help make
this Congress an outstanding event in the long history of human
rights.

13
IL 1 Address delivered at the opening
of the Congress by
M r . Amadou-Mahtar M ' B o w ,
Director-General of Unesco
Mr. President/
Mr. Minister,
Ladies and Gentlemen,

It is an honour for me, as well as a great pleasure, to address you

today at this opening session of the first international congress
on the teaching of human rights.
First of all, I wish to extend my warm thanks to his Excellency
Mr. Rudolf Kirchschläger, President of the Republic of Austria, who
has underlined the significance of this inaugural session by honour-
ing us with his presence. This seems to me to be a symbol of the
host country's attachment to the cause of human rights, but also a
token of Mr. Kirchschlager's personal interest in the specifically
educational dimension of this meeting.
Allow me also to express Unesco's gratitude for the hospitality
extended to us by the Austrian Government, and in particular by
Mr. Willibald Pahr, the Federal Minister for Foreign Äffairs, whom
I have great pleasure in welcoming to our meeting. Need I mention
that it is to Mr. Pahr that we owe the original idea of commemorating
the 30th anniversary of the Universal Declaration of Human Rights
by discussing the all-important theme of education ? When he decided
to entrust his close assistant, Mr. Hans Knitel, with the task of
maintaining liaison with the Unesco Secretariat for the organization
of the congress, he ensured that our -meeting would be conducted
under the best possible conditions. To both Mr. Pahr and Mr. Knitel
I express my warmest thanks, as well as to all the national officials
whose wholehearted efforts have helped us so much.
I am happy to extend a warm welcome to the many eminent repre-
sentatives of the Austrian Government, the other Member States of
Unesco and the United Nations, the non-governmental organizations and
the educational communities many of which have already played an
active part in the preparatory work of this congress ; their wide
range of experience and their determination to ensure its success
have made a most valuable contribution to the preliminary studies.
I would also like to draw special attention to the presence
here today of Mr. Michel,Minister for French Education of Belgium,
Mr. Calderon-Fournler, Minister ior Foreign Affairs of Costa Rica,
Mr. Ruiz-Alvarez, Minister for Internal Affairs of Guatemala, and
two distinguished members of the Executive Board of Unesco,
Mr. Agiobu-Kemmer of Nigeria and Mr. Luis Echeverría, former President

17
of the Republic of Mexico, as well as to the presence of the repre-
sentative of the Secretary-General of the United Nations.

Mr. President,
Mr. Minister,
Ladies and Gentlemen,

It is almost thirty years ago today that the United Nations pro-
claimed the Universal Declaration of Human Rights, on 10 December
1948. This is a document of unprecedented historic importance,
for it was the first to set out the fundamental liberties which are
common to all the peoples of the earth. It is the final expression
of innumerable struggles for freedom which were all converging, but
by the most varied paths, on one and the same goal - the recognition
of the moral and legal equality of every individual by all his fel-
low men. Being the fruit of the long and often difficult process
of gestation of the notion of universal human rights, the Declara-
tion embodies the principles which form the hard core of our human
nature and represent the categorical imperative of our time.
It was appropriate that Unesco should mark an anniversary of
such significance by giving a fresh impetus to the efforts which it
has been making since its inception to promote the recognition and
observance of human rights, within its fields of competence. Your
international congress, which I convened in implementation of de-
cision 6.2 adopted by the Executive Board at its 103rd session, in
pursuance of the suggestion which you accordingly made, Mr. Minister,
at the General Conference held in Nairobi, reflects our intention
to strengthen the Organization's action and is one of Unesco's main
contributions to the celebration of the thirtieth anniversary of
the Universal Declaration of Human Rights. It should thus be viewed
within the wider context of the group of activities which the inter-
national community is planning to embark on this year, in response
to the recommendation made by the United Nations Commission on
Human Rights regarding possible ways of contributing to the more
effective protection of human rights. It should be noted in this
connexion that the decision to hold this congress complies with the
general recommendations put forward by the Commission on Human
Rights in its resolution 3 (XXXIII), and that the United Nations
General Assembly itself stated, in its resolution 32/123, that it
welcomed Unesco's decision.
By proposing that your deliberations should have a two-fold
air : first, to take stock of the situation with regard to the
teaching of human rights throughout the world, and secondly, to
suggest ways and means of developing and rendering more effective
human rights teaching at aM levels in the context of both school
and out-of-school education, Unesco is acting in full accordance
with the above-mentioned resolution 32/123 which states that "...
for their full observance human rights must be ensured to all human
beings and that this aim cannot be attained unless human rights are
made known to them, particularly through teaching and education".
This congress therefore offers -me an opportunity to reaffirm
Unesco's mission in this field.
The very first task is to promote throughout the world the
observance of the right to education, which is one of the primary
human rights - the one which conditions, as it were, all the others;
the second task is to contribute to the removal of prejudices and
to the promotion of respect for the specific identity of every
people and a deeper mutual understanding among all human beings.

18
 At the same time, we must make human rights known to everyone.
The full development of every individual's personality, which is
the very aim of education, is inconceivable unless freedom exists
and unless all the rights which are so precious to men are effect-
ively respected both at the national level and in international
relations.
Lastly, Unesco is doing all in its power to contribute to r e -
instating human rights wherever they have been jeopardized within
its spheres of competence. It is with this end in view that the
Executive Board has established, in pursuance of the decisions of
the General Conference, a special procedure for examining complaints
concerning violations of human rights which are received by the
Organization. In many cases, the introduction of this procedure,
whose efficacity lies in the concerted action which it enables all
the parties concerned to take, has already given good results.
To know one's rights is a step towards obtaining their recog-
nition. For the men and women who are aware, at this moment, that
they still have to struggle, sometimes at the risk of their lives,
to try to exercise their basic rights, could not do so with any
hope of success unless they could draw comfort and moral and in-
tellectual inspiration from the certainty that the principles under-
lying these rights are now adopted by the whole international
community.
This shows how important it is to ensure that the teaching
of human rights is no longer conditional upon circumstances and
can be pursued permanently and systematically through all the means
available to the educational and training institutions of every
country. Furthermore, it must cease to be confined to the consi-
deration of abstract ideas reflecting generous attitudes, and must
be adapted to meet the specific needs of individual men and women
by providing them with norms and criteria to which they can refer
in their daily lives.
As it aims to awaken awareness and train the character just
as much as to inculcate a knowledge of specific subjects, an edu-
cation of this kind cannot be content to be purely theoretical,
particularly in the early years of life. It is necessarily rooted
in the living relationship between the teacher and the taught -
the parent and the child, the educator and the pupil. As soon as
the child is out of the cradle he starts to learn how to perform
his future duties as a citizen and exercise his human rights under
the guidance of the adults responsible for his welfare in his home
or in a day-nursery, then in a kindergarten or a nursery school.
The powers of initiative which children later develop are profound-
ly influenced by the quality of these relationships, and the same
is true of the practically instinctive attitude which they will
adopt towards the human rights of their fellow-men.
It is the sensitivity developed in the first years of life
which often determines the adult's behaviour towards other people.
This fact is central to Unesco's thinking on education. In
particular, it is the consideration which is reflected in para-
graph 12 of the Recommendation concerning Education for International
Understanding, Co-operation and Peace and Education relating to
Human Rights and Fundamental Freedoms adopted by the General Con-
ference at its eighteenth session in November 1974.
In that paragraph, it is proposed that Member States "should
urge educators, in collaboration with pupils, parents, the orga-
nizations concerned and the community, to use methods which appeal
to the creative imagination of children and adolescents and to their

19
social activities and thereby to prepare them to exercise their
rights and freedoms while recognizing and respecting the rights
of others ...".
Since the General Conference adopted this Recommendation,
several meetings have been held to study the practical measures to
be taken for its implementation and certain Member States have al-
ready reported to Unesco on the steps they have taken, at national
level, with a view to its application.

The Organization had of course started long before that year

to promote a wider knowledge of human rights through the improve-
ment of school curricula and teacher training programmes. For
example, since 1953 it has developed the Associated Schools system
under which about a thousand institutions distributed throughout
all the world regions apply active teaching methods and exchange
their experiences, particularly through the distribution of a
quarterly newsletter entitled "International Understanding at
School".
Unesco is at present directing its main efforts towards the
training of teachers and the development of specialized teaching
aids. It has thus participated in the financing of the Inter-
national Training Centre for University Teachers of Human Rights
(CIFREDH) and has contributed to its work since it started to ope-
rate in 1973. About thirty young teachers, approximately half of
whom come from developing countries, are provided every year, at
the cost of the Organization, with a training designed to enable
them to develop specialized courses on this question in their res-
pective communities.
I may add that Unesco has also prepared a university text-
book on the "International Dimensions of Human Rights", and it gives
me great pleasure to be able to provide you today with the very
first copies to be published. This textbook, which was prepared
by an international team composed of specialists from all regions,
is intended to be used by students, teachers and research workers.
It sets out the standards, principles, institutions and procedures
involved in the task of securing the observance of human rights in
the contemporary world.
Furthermore, there has recently been established under
Unesco auspices and at the proposal of Bâtonnier Pettiti, whom I
am happy to welcome among us today, an Institut de formation en
droits de 1'homme du Barreau de Paris. This institute, which is the
first of its kind, has aroused so much interest that other Bars are
considering the possibility of setting up similar institutes, in
particular those of Teheran and Dakar.
If Unesco's efforts in this field aim in the first place to
awaken the interest of jurists, it is because the first step to
take with a view to protecting the fundamental freedoms is to em-
body them in a set of laws to be built into legal and political
institutions. If human rights are to have a wider significance
than that of abstract ideas they must be an integral part of the
constitutional, legislative and judicial structure of every State.
But it goes without saying that they must also penetrate all the
other academic disciplines' through avenues of approach specifically
adapted to each discipline.
Similarly, the content and methods of the teaching must be
adapted to each type of student, to each socio-cultural context.
There is no one system for teaching human rights. And this is the

20
very reason why Unesco was in favour of the principle of pursuing
the preparatory work for this congress on a regional basis.
In the case of Latin America, for example, Unesco, working in
cooperation with the Government of Venezuela and the Organization
of American States, organized in Caracas a seminar whose discus-
sions were all the more significant for having been preceded a few
days earlier by the entry into force of the American Convention on
Human Rights. For the sub-region of the Caribbean, the Jamaica
National Commission convened a conference in Kingston with the aid
of Unesco.
In North America, the United States National Commission held
a seminar at Wingspread in conjunction with other National Commis-
sions. Surveys were conducted on the situation as regards the
teaching of human rights, in Africa thanks to the Association of
African Universities, in the Arab countries under the auspices of
ALECSO, and in Asia with the assistance of the Sri Lanka Foundation.

However, we must face the fact that we have only just set out
on a very long march. Despite all the efforts -meide so far, human
rights as such are still absent from the school curricula of most
of the countries of the world. For this reason it seems to me
desirable-that your conclusions and suggestions should help to pro-
mote a true long-term programme for developing the teaching of
human rights at university level. For my part, I am prepared to in-
clude the initial activities of such a programme in the Draft Pro-
gramme and Budget for 1979-1980 which I am to submit to the General
Conference of Unesco at its 20th session scheduled to be held in
October and November of this year.
As indicated in the documentation annexed to the circular
letter which I sent to the ministers of Member States to inform
them that this congress would be held and to request them to faci-
litate its preparation, the long-term programme in this field which
would be strengthened by your conclusions and suggestions could be
designed to encourage three kinds of training : basic training in
human rights, specialized training, and training in human rights
adapted to regional characteristics. Basic training would deal
with all the international aspects of human rights, which would
henceforth be an integral part of every general education programme.
Specialized training would be adapted to the needs and characteris-
tics of the different disciplines, other than the legal ones, which
have so far often failed to give their proper place to human rights ;
I am referring in particular to the scientific, medical and para-
medical disciplines as well as the literature and history disci-
plines. This kind of training should also be designed to meet the
special needs of the members of all those professions which have a
special call to defend human rights ; for example, lawyers, judges,
trade unionists. The training and refresher training of university
teachers of human rights would be brought into line with this type
of training. Lastly, training in human rights adapted to regional
characteristics could be disseminated by centres especially estab-
lished for this purpose.
In this way it would be possible gradually to undertake a whole
series of training activities planned in such a way as to encourage
Member States to adopt an effective system for the teaching of
human rights which will reach the widest possible social strata.
By giving the initial impetus to a- programme of this kind your
congress would undoubtedly be opening an important phase in the

21
history of the struggle that Unesco has been waging for the past
thirty years, in conjunction with the other Agencies of the United
Nations system, to further universal respect for the dignity of man.

Mr. President,
Mr. Minister,
Ladies and Gentlemen,

At this moment, when you are about to embark on your delibera-

tions, it seems to me right that our thoughts should turn with
emotion to all the men and women whose dignity is callously disre-.
garded in every part of the world today because of the existence
of political, economic or social conditions which deny them the right
to education, to equality of opportunity and sometimes the most
elementary standards of well-being or, in even more tragic circum-
stances, is trampled on by forces of oppression which do not hesi-
tate to resort to violence, torture and murder in order to perpetuate
an unjust social order.
As you know, there are innumerable men and women in this situa-
tion to whom we are bound by a profound feeling of solidarity.
Future generations will find nothing to excuse the appalling scale
on which violations of human rights have occurred in these last
decades of the twentieth century which, in other respects, are so
rich in promise for the future of the human race ; the scientific
achievements of our time, in particular, seem to be opening up
limitless prospects for material progress, provided only that we
seize these opportunities wisely and are firmly resolved to see
justice prevail over short-sighted egoism when it comes to dis-
tributing the benefits of progress.
There are so many different forms and causes of violations of
human rights that I could not hope to -mention them all here. Many
are patently obvious,either because of the cynicism displayed by
the perpetrators or because these are unsuccessful in their.attempt
to hide behind a mask of distorted principles ; I am thinking, in
particular, of the violations committed every day in Southern
Africa in the name of the iniquitous system of apartheid which is
pursuing the scandalous aim of writing the notion of the inequality
of men into the legislation and even the constitutional law of a
State. Other violations are more insidiously or indirectly com-
mitted because of the structure and workings of societies which,
even behind the appearances of formal democracy, exercise a form of
oppression or exploitation that imposes a particularly heavy handi-
cap on disadvantaged groups or certain categories of individuals.
To these we should add all restrictions on freedom of thought,
conscience or religion, and all forms of discrimination which may
be directed against individuals or groups because of their ethnic
origin or their minority status in a given society.
These violations are intolerable and should fill the heart of
everyone who witnesses them or hears about them with so much in-
dignation and compassion that he should leap to action. But it is
sad to see that,in the contemporary world, the practically permanent
spectacle of other people's suffering projected by the press and
the media is all too often received with nothing but indifference -
an indifference which seems to grow by a kind of process of gradual
anaesthetization, of familiarization with what was once unthinkable.
Whereas everyone should feel an urge to assume, in a reaction of
moral indignation, his share of responsibility in shaping the destiny

22
of the community, there are many who are tempted instead to evade
their share, on the pretext that they do not have a very clear idea
of what they can do nor of the ultimate result of any personal ef-
forts, and soon sink from passivity into a completely self-centred
state of mind so as not to feel the pangs of conscience.
To teach everyone to respect, and ensure that others respect,
one's own human rights and those of other people, and to be pre-
pared, when necessary, to find the courage to defend them in all
circumstances, even the most difficult - such is the most imperative
moral duty of our generation.
In saying this, I hope to have adequately conveyed to you how
much importance I attach, for the sake of our common future, to the
deliberations of your congress, and how profoundly I hope that your
efforts will be crowned with success.

23
II. 2 Address delivered
by M r . Rudolf Kirchschläger
President of the Federal
Republic of Austria
I must begin by thanking you for having invited me to attend the
opening session of Unesco's International Congress on the Teaching
of Human Rights. It has given me great pleasure to accept this in-
vitation for two reasons : the first lies in the great significance
of the theme of the Congress and the deep and sincere respect due
to Unesco's work ; the second lies in the fact that I have thus
had an opportunity to extend a cordial welcome to you all in the
name of the Austrian people. At the same time, I wish to express
my heartfelt wishes for the success of your Congress. I also hope
that you will feel at ease in Austria and will find here that con-
genial atmosphere which will enable you to approach your task in a
frame of mind conducive to fruitful discussions.
I do not intend to sing the praises of Austria nor to tell you
at great length that the Republic of Austria is a country where
human rights are fully protected, both at the juridical level and
in daily life, and are regarded, in accordance with an age-old tra-
dition, as the birthright of every citizen.. It seems to me that
such eulogistic remarks should not be made by the representatives
of the government of the State concerned ; they are only acceptable
if they are expressed by the people who are the subjects of that
State or who are impartial observers of the situation as it exists
both de jure and de facto.
However, speaking in my capacity as the Federal President on
behalf of the Republic of Austria, as well as in my personal capa-
city, as someone who has devoted almost twenty years of his life to
the practice of international law, I should like to make a frank and
categorical declaration of my belief in human rights and, indeed,
in the modern conception of human rights in the wide sense, which
embraces economic, social.and cultural rights. And to this I can
add the promise that the Austrian authorities will always do every-
thing in their power to protect human rights in the future. Here
I am thinking primarily of the protection afforded to human rights
in my own country, for it is not the man who appends his signature
to a charter that is entitled to admonish other people and formu-
late demands, but only the man who makes a sincere and loyal effort
to give effect to its provisions.
The teaching of human rights and the dissemination of accurate
knowledge about this subject have implications of the highest im-
portance, particularly for the future state of the world. At every
stage of life - in youth, and indeed in childhood, and even in old
age - it is necessary to intensify our efforts to arrive at a deep-
er understanding arid awareness of what is meant by human rights.
The concept of lifelong education is also relevant in the field of
'human rights.

27
 Moreover, the teaching of human rights should not aim to impart
a purely impartial and abstract knowledge of their legal aspects,
but should contribute to a character-training process based on an
understanding and appreciation of their full significance. This
pre-supposes that the teacher feels personally committed to this
task and also that his conduct serves as an example to his pupil.
The teaching of human rights will only carry conviction if it is
provided by an individual who is seen to respect the dignity and
innate rights of all men in his personal conduct, and not only in
exceptional circumstances, but also in the simple and unsensational
events of daily life. It is only to such a man that we can entrust
the mission of defending human rights and ensuring that they are
observed in a structured society. There is an interaction between
theory and practice in everyday life, but although practice may be
conceivable without theory, it is doubtful whether purely theore-
tical knowledge unrelated to the needs of our fellow-men has any
ethical value, and therefore whether it is of any practical use.
The study of human rights cannot produce the results expected
of it by the community and by individuals if it is approached as a
self-sufficient academic discipline. It can do so.only if it em-
braces all aspects of life. I should therefore like to lay emphasis
on the postulate that the transmission of knowledge about human
rights should not be limited to one specific branch, such as law
or social science, but should be concerned with every area of edu-
cational work.
Thank you for your attention. Allow me to stress once more the
hope that the deliberations of your Congress will be beneficial to
men and women in every part of the world.

28
III. United Nations resolutions
and Unesco decision
concerning the Vienna Congress
A . Resolution 3 (XXXIII)
of the United Nations
Commission on H u m a n Rights

Further promotion and encouragement of human rights and

fundamental freedoms, Including the question of the
programme and methods of work of the Commission (1)

The Commission on Human Rights

Considering that the year 1978 will mark the thirtieth anniversary
of the Universal Declaration of Human Rights, which has been and
continues to be a fundamental source of inspiration for national
and international efforts and numerous international instruments
for the protection and promotion of human rights and, in particular,
the International Covenants on Human Rights,

Concerned with the serious violations of human rights which continue

to occur, often systematically, in many countries.

Recalling its resolutions 11 C (XXIX) and 1 B (XXXII) and the Re-

commendation concerning Education for International Understanding,
Co-operation and Peace and Education Relating to Human Rights and
Fundamental Freedoms adopted by the General Conference of the United
Nations Educational, Scientific and Cultural Organization at its
eighteenth session,

Considering that the General Assembly, in proclaiming the Universal

Declaration of Human Rights, called upon all peoples and every
organ of society to strive in every poss^ible way to promote respect
for human rights and fundamental freedoms,.^

Considering that the thirtieth anniversary of the* Universal Decla-

ration of Human Rights should afford an opportunity for Member
States and their peoples, and particularly schools and universities,
teachers and the parents of students, to comply fully with this
request of the General Assembly,

Decides :

(a) to recommend to Member States, the Specialized Agencies

and all international organizations, governmental and non^
governmental, concerned with the protection and promotion
of human rights to take appropriate measures to ensure
that the thirtieth anniversary of the Universal Declara-

(1) Adopted at the 1398th meeting, on 21 February 1977, without

a vote.

31
tion of Human Rights is the occasion of special efforts
to promote international understanding, co-operation and
peace and the universal and effective respect for human
rights, more particularly by laying stress on the edu-
cational approach both within and outside formal school
systems ;
to request the Economic and Social Council, at its sixty-
second session, to invite the United Nations Educational,
Scientific and Cultural Organization to lay appropriate
proposals for this purpose before its Member States and
to submit to the Commission for study, at its thirty-
fourth session, a report on the situation with regard
to the teaching of human rights throughout the world,
accompanied by detailed recommendations.;
to invite Member States, the Specialized Agencies and all
interested international organizations to report to the .
Commission at its thirty-fifith session on efforts made
with a view to marking the thirtieth anniversary of the
Universal Declaration of Human Rights.
B. 103 EX/Decision 6.2, paragraph 10

Report of the Director-General concerning the Executive Board's

methods of examining the document "Recent decisions and activities
of the organizations of the united Nations system of relevance to
the work of Unesco" (103 EX/24 and 103, EX/43)

The Executive Board,

10. Invites the Director-General to take all necessary steps

within Unesco's fields of competence and within the limits
of present budgetary resources, to give effect to resolution
3 (XXXIII) of the Commission on Human Rights concerning the
celebration of the thirtieth anniversary of the Universal
Declaration of Human Rights and in particular to follow up
the invitation made to Unesco by the Austrian Government to
organize a congress (Category IV) on human rights education,
in Vienna, in September 1978;

33
C . Resolution 32/123 adopted
by the United Nations General Assembly

Observance of the thirtieth anniversary of the

universal Declaration of Human Rights

The General Assembly,

Considering that the year 1978 will mark the thirtieth anniversary
of the Universal Declaration of Human Rights, which, conceived "as
a common standard of achievement for all peoples and all nations",
has been and rightly continues to be a fundamental source of in-
spiration for national and international efforts for the protection
and promotion of human rights and fundamental freedoms.

Aware that for their full observance human rights must be ensured
to all human beings and that this aim cannot be attained unless
human rights are made known to them, particularly through teaching
and education,

Recalling in this respect its resolution 217 A (III) of 10 December

1948, by which the General Assembly proclaimed the Declaration,
which demands that "every individual and every organ of society,
keeping this Declaration constantly in mind, shall strive by teach-
ing and education to promote respect for these rights and freedoms".

Recalling also its resolution 2906 (XXVII) of 19 October 1972 con-

cerning the observance of the twenty-fifth anniversary,of the
Declaration,

Considering Commission on Human Rights resolution 3 (XXXIII) of

21 February 1977, endorsed by the Economic and Social Council at
its sixty-second session, which recommends to Member States, the
Specialized Agencies and all international organizations, govern-
mental and non-governmental, concerned with the protection and pro-
motion of human rights, to take appropriate measures to ensure that
the thirtieth anniversary of the Declaration is the occasion of
special efforts to promote international understanding, co-operation
and peace as well as the universal and effective respect for human
rights, particularly by laying stress on the educational approach
both within and outside formal school systems,

Desiring to give appropriate significance to the thirtieth anni-

versary of the Declaration,

Taking note with appreciation of the suggestions contained in the

note by the Secretary-General concerning the observance of the
thirtieth anniversary of the Declaration,

35
Invites Member States, the Specialized Agencies, regional
intergovernmental organizations and non-governmental
organizations to take appropriate measures, such as those
contained in the Annex to the present resolution, to ce-
lebrate the thirtieth anniversary of the Universal Decla-
ration of Human Rights ;
Requests the Secretary-General to initiate appropriate
activities at the United Nations level, such as those in-
dicated in the Annex to the present resolution, to cele-
brate the thirtieth anniversary of the Declaration ;
Welcomes the decision of the United Nations Educational,
Scientific and Cultural Organization to organize in 1978
an international conference on the teaching of human
rights and appeals in this connection to all States to
facilitate the participation of qualified experts in this
conference ;
Invites the United Nations Educational, Scientific and
Cultural Organization to take appropriate measures to
consult the Commission on.Human Rights at its thirty-
fourth session on the elaboration of a programme of
action designed to develop education on human rights, in
pursuance of resolution 3 (XXXIII) of the Commission ;
Decides to include in the provisional agenda of its
thirty-third session an item entitled "Thirty years of
the Universal Declaration of Human Rights : international
co-operation for the promotion and observance of civil,
political, economic, social and.cultural rights" and re-
commends that this item should be considered in plenary
meeting ;
Further decides to hold a special commemorative meeting
to celebrate the thirtieth anniversary of the Declaration,
which falls on 10 December 1978, and requests the .
Secretary-General to make the necessary preparations for
the programme of.this meeting.

105th plenary meeting

16 December 1977
IV. Final Document of
International Congress
on the Teaching of H u m a n Rights
The International Congress on the Teaching of Human Rights, con-
vened by the Director-General of Unesco and meeting in Vienna from
12 to 16 September 1978 following a suggestion put forward by the
Federal Minister for Foreign Affairs of Austria at the 19th
session of the General Conference of Unesco,

Taking into account Resolution 3 (XXXIII) adopted by the Commission

on Human Rights and Resolution 32/123 adopted by the United
Nations General Assembly, as well as Decision 103 EX/6.2 by
which the Executive Board of Unesco invited the Director-
General to convene this Congress,

Expresses its gratitude to the Federal Government and to the people

of the Republic of Austria for their hospitality and their
important contribution to the success of the deliberations.

Recalling that the United Nations General Assembly proclaimed the

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 free-
doms ... ",

Considering that human rights teaching and education should bé de-

veloped at all levels in the context of both.school and out-
of-school education, in order that they may become accessible
as part of a true system of life-long education to all men
and women in all countries, whatever their legal, social and
political status,

Considering,that such teaching and education can make an essential

contribution to the maintenance and promotion of peace, as well
as to economic development and social progress throughout the
world.

Considering that the teaching of human rights should also be con-

cerned with securing the observance of human rights in cases
of armed conflict, and should include the teaching of inter-
national humanitarian law,

39
 I

The International Congress on the Teaching of Human Rights,

Recalling the Recommendation concerning Education for International

Understanding, Co-operation and Peace and Education relating
to Human Rights and Fundamental Freedoms,

Believes that the teaching of human rights should be guided by

the following principles and considerations :

1. Human rights education and teaching should be based on the

principles which underlie the Charter of the United Nations, the
Universal Declaration of Human Rights, the International Covenants
on Human Rights, and other international human rights instruments.
Consequently, equal emphasis should be placed on economic, social,
cultural, civil and political rights as well as individual and col-
lective rights. The indivisibility of all human rights should be
recognized.
2. The concept of human rights should not be formulated in tra-
ditional or classical terms but should include the historical ex-
perience and contributions of.all peoples particularly in relation
to the major contemporary problems such as self-determination and
all forms of discrimination and exploitation.
3. Human rights education and teaching must aim at :
(i) Fostering the attitudes.of tolerance, respect and
solidarity inherent in human rights ;
(ii) Providing knowledge about human rights, in both their
national and international dimensions, and the in--
stitutions established for their implementation ;
(iii) Developing.the individual's awareness of the ways
and means by which human rights can be translated
into social and political reality at both the nation-
al and the international levels.
4. While education should make the individual aware of his or
her own rights, it should at the same time instill respect for the
rights of others.
5. Care should be.constantly taken to create awareness about the
close relationship between human rights, on the one hand, and de-
velopment and peace, including inter alia disarmament, on the other
hand. Unesco should make it a priority task to promote the analysis
and understanding, of this relationship.
6. Human rights must be seen as an aspect of professional, ethical
and social responsibility in all fields of research, study, teach-
ing and work.
7. Human rights education and teaching should stress that a new
international economic, social and cultural order is essential to
enable all people to enjoy their human rights and to promote and
facilitate education on.human rights at all levels in all countries.
8. Human rights must be taught at all levels of the educational
system, as well as in out-of-school settings, including the family,
and in continuing education programmes, including literacy and post-
literacy programmes. States shall strive to improve and broaden
human rights education and teaching and co-operate to this end.
9. It is not enough to dispense teaching and education in the
spirit of a respect for human rights ; human rights should also be
taught as a subject integrated in the appropriate disciplines and

40
in particular fields such as philosophy, political science, law
and theology, they should be taught as an independent.course.
10. In order for the teacher of human rights to be able to carry
out his or her task properly, it is' particularly important that
his or her personal integrity and freedom of expression be guaran-
teed.

II

The Vienna International Congress on the Teaching of Human Rights,

Considering that in this year of the 30th anniversary of the Uni-

versal Declaration of Human Rights a fresh impetus should be
given to the development of human rights teaching and educa-
tion through the preparation of a Six-Year Plan to be drawn
up by a committee of experts set up for that purpose on the
basis, in particular, of recommendations proposed at this
International Congress in Vienna and annexed to this final
document ;

Requests the Director-General to include the question of the teach-

ing of human rights in the agenda for the 20th session of the
General Conference with a view to conducting a preliminary
study of the question of the desirability of preparing a
Unesco Convention on human rights teaching and education, in
order to give effect to the principle set out in Article 26,
paragraph 2 of the Universal Declaration of Human Rights
which states that "education shall be directed to the full
development of the human personality and to the strengthening
of respect for human rights and fundamental freedoms" ;

Requests the Director-General to ask the Member States to consider

the possibility of establishing, within the framework of
Unesco's programme and with the support of the United Nations
General Assembly, a Voluntary Fund for the development of know-
ledge of human rights through education.and information, the
primary aim of which would be to contribute to the financing
of activities.conducted under the Six-Year Plan and of other
activities conducted by Member States and their competent in-
stitutions .
 ANNEX

Recommendations as drafted by the Rapporteurs of the

International Congress on the Teaching of Human Rights on
•the basis of proposals submitted by the participants and
observers at the Congress (Revised text)

A. Programmes

1. Unesco should encourage the preparation of suitable programmes

for the teaching of human rights at all levels in accordance with
the Six-Year Plan. Such programmes should not only refer to prin-
ciples of human rights but also expose the major circumstances (war,
military occupation, racial discrimination, underdevelopment, etc.)
which impede the realisation of human rights.
2. Human rights programmes should take into consideration the fact
that attitude formation in regard to human rights begins in infancy
and early childhood. Concepts of self-esteem and respect for others,
the very foundation of human rights, are first communicated within
the family. It is essential, therefore, to provide family life
education to help parents develop humane and equitable relationships
within the family, between the parents themselves and among all
family members. Such family education programmes should be designed
in full awareness that human dignity and rights of women within
the family are essential components of a family atmosphere which
favours positive attitudes towards human rights.
3. Among the topics for consideration in human rights curricula
are the following : the history of human rights, the philosophy of
human rights, existing deficiencies in the techniques and methods
of protecting human rights.
4. Human rights curricula in law and political science programmes
should be conceived broadly so as to incorporate civil and politi-
cal rights ; economic, social, cultural rights, humanitarian law,
and to include not only domestic law but also comparative law and
international norms as expressed in international human rights in-
struments. These curricula should devote special attention to the
procedures and guarantees for the judicial protection of all
human rights.
5. The efforts of the International Committee of the Red Cross to
develop a programme for the teaching of international humanitarian
law should be assisted and materials for teaching of human rights
at all levels should include appropriate aspects of internaitonal
humanitarian law.
6. International human rights curricula should emphasise the
"internationalization" of human rights, demonstrating the ever-
increasing international concern with human rights on the basis of
•the principles of the United Nations Charter.
7. Human rights curricula should be adapted to national and re-
gional realities provided, however, that the universality of the

42
rights proclaimed in the principal international human rights in-
struments, particularly in the Universal Declaration, is acknow-
ledged.
H. The development of curricula for the teaching of human rights
should be guided by two principles :
(a) Since practice is the best learning method, and since
practice in the field of human rights depends on a know-
ledge of the legal means of action which are available,
the teaching of human rights must necessarily include
courses on law - and it is self-evident that these must
be adapted to the educational level of the students ;
(b) Since the best way of making an educational course effect-
ive is to ensure that it is rooted in the students' con-
crete situation, every curriculum should take real-life
conditions as its starting point and in particular the
objectively-ascertained needs of the individuals con-
cerned - and such needs should naturally include the
capacity to do what is required of them to meet the needs
of society.
9. As regards workers' education in the field of human rights,
such teaching must be given a concrete content by obtaining the co-
operation, if not the direct participation, of'workers' representa-
tives, as they can provide specific examples of cases arising in
daily life.
10. The exchange between the various countries of the world of
practical information about human rights teaching should be en-
couraged and facilitated through such means as a data bank to allow
this kind of exchange on a continuing basis.
11. The International Year of the Child (1979) should be used as
an occasion to emphasize the teaching of children's rights and the
right of children to receive human rights.education. In this frame-
work specific education should be undertaken about the rights of
the child.
12. Education and training in human rights should be conceived
with a view to protecting and promoting the rights of groups parti-
cularly exposed to discrimination, such as indigenous populations,
national, ethnic, linguistic, religious and other minorities,
migrant workers and their families, immigrants and the physically
and mentally handicapped. As far as possible, such groups should
be educated and informed of their rights in their own language and
in conformity with their needs as defined by themselves. Education
about the rights and values of such groups should be developed for
the population at large - and especially for civil servants and
other persons exercising public authority - in order to foster
understanding of and respect for such groups.
13. Women's rights and roles in society should be a specific com-
ponent of university curricula on human rights and steps should be
taken to ensure that present curricula, in particular textbooks,
are revised when necessary to include appropriate sections and re-
ferences to women's rights.. Moreover, the possibility.of organiz-
ing meetings on a regional basis to consider approaches and methods
for the development of women's studies, as an input to the World
Conference for the U.N. Decade for Women, should also be con-
sidered.
14. Another subject which should be introduced within different
programmes on the teaching of human rights is the fundamental
rights of refugees. . . .

43
15. Research on human rights should be encouraged and developed
on a number of themes. Among those for which there is a particular
need is the formation of attitudes with respect to the process of •
human rights and peace education. Äs a first step in promoting
such research, a meeting of experts in developmental psychology and
educational research should be convened to help Unesco define the
specific needs in this area.
16. The topicality and feasibility of research on the inter-
relation between human rights, humanitarian law and peace, including,
among others, disarmament, and on ways and means of incorporating
these elements into a comprehensive peace-oriented strategy should
be emphasized. In the same spirit, a certain number of research
projects of particular interest should be undertaken. These in-
clude : human rights and development particularly with regard to a
new international economic and social order ; human rights and the
maintenance of peace ; the right to self-determination as a basic
human right ,- the interdependence of political, civil, economic,
social and cultural rights ; and the history of human rights in the
context of the universal experience of mankind.
17. University research on human rights should be facilitated by
freedom of access to source materials, the free flow of ideas and
the protection of research workers against arbitrary action and all
forms of pressure.

B. Teaching materials

1. Adequate development of teaching materials for human rights

education will require :
(a) the preparation and publication of primary and secondary
school guide-books and textbooks for human rights educa-
tion ;
(b) the preparation of textbooks and sourcebooks designed for
use in teacher training institutions ;
(c) the formulation.of guidelines and criteria for use by
teachers to enable them to judge the contents of existing
textbooks in order to determine whether or not they are
suitable for human rights education ;
(d) the field testing of textbooks and source materials for
pre-university levels in different cultural settings ;
(e) the development of special educational materials for and
about handicapped persons in the area of human rights.
2. An international clearing house for information and research
on human rights should be established. The clearing house should :
(a) collect and disseminate information on international and
national human rights legislation, adjudication and other
human.rights activities, as well as information, materials,
syllabic and instructional guides for all levels and
kinds of education, and technical advice on the establish-
ment of academically-prepared national human rights year-
books, and should also facilitate discussion among scholars
toward the setting of priorities for effective human
rights research ;
(b) co-ordinate and promote an international system of ex-
change of teachers and researchers in the field of human
rights and of materials, including information between
teachers and researchers working in the field of human
rights as well as publications and materials concerned
with teaching and research in human rights ;

44
 (c) create a curriculum centre for elementary school teaching
materials on human rights, including kits, books and
teaching manuals, to help make them available to teachers.
3. A commission of experts should consider the methods and ma-
terials necessary for the drafting of textbooks for the teaching of
human rights appropriate to primary, secondary and university and
out-of-school levels of education. Textbooks on human rights
should encompass the universal nature of human rights and funda-
mental freedoms while taking into account legal and social charac-
teristics of different societies.
4. An interdisciplinary multi-linguistic and transcultural en-
cyclopaedia clarifying the vocabulary and basic concepts of human
rights should be prepared.
5. Reference books on human rights accessible to the non-specialist
should be developed and made available to teachers and.students.
6. Unesco should encourage the critical examination by specialized
institutes of textbooks in all disciplines from the point of view
of human rights and assure that the conclusions of this work are
widely distributed.
7. Teaching materials in human rights should take into account
the interests and circumstances of students,.so that they might de-
termine their own role in relation to the promotion and protection
of human rights.
8. Teaching materials should focus on both positive and negative
conditions related to human rights, and should open exploration of
possibilities for concrete action on behalf of human rights.
9. Teaching materials on human rights should reflect the varying
views and divergent emphases which exist on the subject and should
encourage a frank and open discussion of these views and interests.
10. To ensure the free and critical discussion of human rights,
students and teachers must have access to all relevant material on
human rights and be protected in their capacity as students and
teachers from any refusal to allow such access.
11. Governments should be invited to disseminate basic internation-
al human rights documents (including the Universal Declaration of
Human Rights, the International Covenants on Human Rights, and the
U.N. Declaration on the Protection of all Persons from Being Sub-
jected to Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment) tò law enforcement personnel as well as military offi-
cers.
12. As Unesco National Commissions play an important role in edu-
cation, they should assume :
(a) responsibility for disseminating information on basic
international documents and existing procedures for the
protection of human rights, including the special proce-
dures for examining complaints concerning violations of
human rights within the fields of competence of Unesco ;
(b) the creation and dissemination of educational materials,
including audio-visual materials, in relevant languages ;
(c) the promotion of the development and continuing evalua-
tion of national provisions for human rights education.

C. Methods

1. It should be recognized that true respect for human rights is

nothing less than a way of life, reflecting a personal commitment
to human rights that stems from critical ethical evaluation of the

45
social reality. Therefore, it is essential that teachers of human
rights share this commitment and that human rights education should
be related to moral development and include ethical decision-making.
2. The methods of teaching human rights must be tied to social
practice, including the political, social and economic situations
of countries.
3. Methods for the teaching of human rights should be developed
for people of all ages from infancy to adulthood, specifically
adapted for each age group and each milieu.
4. New methods and materials must be developed for the effective
teaching of human rights, including audio-visual methods, simula-
tion exercises, educational games, frameworks for developing theatre
productions, etc.
5. Human rights teaching must involve the active participation of
students in the creation of curricula and the unity of theory and
practice.
6. Methods of teaching human rights should reflect the inter-
relationship of all parts of the school, including students, teach-
ers, administrators, parents and other personnel, so that the school
might be seen as a microcosm of the world community.
7. A series of workshops on the practical methodology of human
rights education should be held in collaboration with relevant NGOs
having the appropriate experience and expertise in this subject.
These workshops should be designed to meet the special needs of
elementary, secondary and adult non-formal education.
8. Resources should be devoted to in-service training for teach-
ers so they become more effective models of human rights principles.
9. Unesco must develop teacher-training courses for teachers of
human rights, as well as courses for the trainers of teachers.
Pilot projects should be directed to both in-service and pre-service
teacher-training. Unesco should organize regional training courses
in co-operation with teachers' organizations, and regional seminars
to develop and assess various teaching methods which can be put
into operation at the pre-school, primary and secondary levels of
instruction as well as at the university level. These methods
should ultimately be subject.to an evaluation, the results of which
should be widely distributed in schools and educational establish-
ments .
10. Unesco should undertake to organize courses and workshops for
particular socio-professional categories (including lawyers, judges,
trade unionists, doctors, psychiatrists, psychologists and socio-
logists) to increase their awareness and concern for the protection
of human rights. Participants in these programmes should be en-?
couraged to disseminate information about human rights in their
respective professional spheres.
11.' Unesco is encouraged to organize specialized seminars and work-
shops for the teaching of human rights in an integrated way to
military as well as justice personnel, including policemen, lawyers
and judges. Special seminars should be organized for police forces
and for directors of penitentiaries.
12. Unesco and the ILO should jointly conceive a programme on
human rights for employers and employees, and should co-operate in
the production of brochures, posters and the development of teaching
methods for that purpose.
13. The teaching of human rights should be included in the con-
tinuing education of professionals, including, among others, doctors
and lawyers, as a pre-reguisite for certification and relicensing
where applicable.

46
14. The teaching of human rights should be integrated into pro-
fessional training and stress should be laid on the human rights
aspect as an integral part of professional ethics and skills.
15. In order to disseminate information on the fundamental human
rights and promote an awareness of their importance, it would be
desirable to develop, through the media of the press, radio and
television, educational programmes which are especially intended
for the general public and are not integrated into the formal sys-
tem. The Unesco International Commission for the Study of Com-
munication Problems should be invited to examine, in the light of
the recommendations made by this Vienna Congress, what steps it
could appropriately take to further a wider knowledge and diffusion
of matters relating to the protection of human rights in the world.
In particular, that Commission is urged to undertake action to
create a greater objective awareness of human rights issues among
news agencies, newspaper editors, newspaper organizations, journal-
ist organizations, trade unions, publishers and the controlling
authorities of the radio and television network, and to take
measures to ensure the setting-up of education courses on human
rights and the preparation of audio-visual material for use by the
mass media.

D. Structures

1. Unesco should assist in the establishment in every country of

a Centre of Specialized Higher Studies in the field of human rights,
if so requested.
2. Encouragement should be given to the establishment of insti-
tutes for the teaching of human rights by associations of barristers
and lawyers and within institutions responsible for the training
of judges and lawyers.
3. The guidelines for local and national human rights institutions
now being elaborated within the United Nations should specify the
role of these institutions in the planning and implementation of
human rights education and training.
4. Unesco should assist the creation of regional and sub-regional
centres for teaching and research in human rights to facilitate the
adaptation arid development of teaching methods and materials to
suit specific regional characteristics.
5. Regional and sub-regional conferences to stimulate constructive
discussion on human rights education at pre-school, primary, se-
condary and university level as well as in out-of-school contexts
should be initiated.
6. Unesco should encourage the establishment of an association
of human rights teachers.
7. Unesco should assist in the human rights-related teaching and
research activities of the United Nations University.
8. Unesco should assist the International Institute of Human
Rights (Strasbourg) in developing courses on international human
rights and training programmes for teachers and other professionals.
9. The National Commissions for Unesco should be invited to set
up an interdisciplinary working group on the co-ordination of the
teaching of human rights at the national level in their respective
countries.
10. There should be increased programmatic co-ordination between
the Division of Human Rights and Peace and the Division of Equality
of Educational Opportunity and Special Programmes. In particular.

47
the Division of Human Rights and Peace should assist the Division
of Equality of Educational Opportunity and Special Programmes in
designing programmes related to human rights and peace education at
the primary and secondary school level to ensure that the content
of such programmes conforms to the relevant international norms and
research findings.
11. Efforts should be made to determine how to ensure that the
research findings, studies and projects of the Division of Human
Rights and Peace will be used to assist the work of the Division of
Equality of Educational Opportunity and Special Programmes, and
vice versa.
12. When applying the procedure for the implementation of the
Unesco-ILO recommendation of 1966, Unesco could ask Member States
to take effective action to guarantee the independence of teachers
participating in educational programmes concerning human rights, at
all levels of the education system. A pre-requisite to the satis-
factory operation of a system for the teaching of human rights is
the establishment of a statute for teachers of human rights. This
statute should specify the duties and rights of such teachers.
Unesco should set up a committee of specialists to prepare a
statute of this kind.
13. Unesco should invite the Unesco Clubs, the various non-govern-
mental organizations in consultative status with Unesco and the
National Commissions for Unesco, as well as the appropriate organs
of the United Nations, to participate in the implementation of all
the above-mentioned recommendations.

48
V . Selected working documents^

A . Reports on the teaching

of H u m a n Rights in the universities

The views expressed in these documents do not necessarily re-

flect those of Unesco.
 1. University teaching of human rights
in faculties of law and economics

World survey conducted by the International

Institute of Human Rights,Strasbourg, France

Introduction

Several observations are immediately apparent from the following

two tables :

Table 1

1971 1978

Number of questionnaires sent 1,034 983

Number of questionnaires received 195 90
Number of countries responding 43 37

Table 2

Number of replies
C O U N T R I E S
1971 1978

Africa 9 12
North and Central America 83 18
South America 4 4
Europe 56 41
Middle East, East and Far East 31 12
Oceania 12 3

TOTAL 195 90

1. The replies given in 1978 by educational institutions to the

questionnaire are clearly less numerous than in 1971. Of about a
thousand questionnaires sent, 90 replies from 37 countries were
received in 1978, against 145 replies coming from 43 countries in
1971.

51
 This first observation is surprising. It would even be dis-
turbing were it not immediately completed by three findings :
(i) contrary to 1971, the "United States Human Rights In-
stitute" did not participate in the survey, which ex-
plains the infinitely fewer number of replies coming
from American universities (83 in 1971, as opposed to
18 in 1978):
(ii) furthermore, a large number of universities, long-
time specialists in the teaching of human rights, did
not reply to the questionnaire, in particular
Berkeley (USA) and Strasbourg (France), who were the
first to have organized specific instruction of inter-
national law concerning human rights, beginning in
1968. There are two possible explanations :
- according to the first, an optimistic explanation,
these universities may have acquired enough experi-
ence teaching and studying human rights and there-
fore have judged it superfluous to reply to an overly
conventional questionnaire, given the acknowledge-
ment which they enjoy among specialists ;
- according to the second, a more pessimistic explana-
tion, the recipients of the questionnaire may have
been dissuaded from responding by a multiplicity of
administrative tasks. Such a finding would lead to
the following question : if in the future a new
survey were to be sent out, would it be more judi-
cious to send the documents not to the deans, but
rather to the heads of the human rights departments,
when these exist, or to the professors involved with
teaching human rights ?
(iii) on the contrary, a large number of replies received in
1978 came from institutions which had not replied in
1971, either because they were created subsequently,
or because, being young institutions situated in de-
veloping countries such as Colombia, Ghana, Tanzania
and Surinam, they had encountered material difficulties.
This finding is encouraging, as it reveals that it is
the new universities which are most interested in
human rights, due to pressure exerted by young teach-
ers or students sensitive to human rights problems as
a result of international and domestic current events.
2. Law schools replied in large numbers to the questionnaire, with
the exception of some international relations institutes : Yaounde
(Cameroon) and Kiel (FRG). Other notable exceptions were the Eco-
nomics and Banking Schools of Pavia in Italy, and the University
College of Cardiff (United Kingdom).
We can now proceed to an examination of the various elements
of the questionnaire.

I. Teaching

1. Does the programme' of your university include specialized

teaching of human rights ?

A. How many specialized courses are there ?

(i) To this question, there were 36 affirmative re-

52
 plies out of 90 in 1978 as opposed to 42 out of
141 in 1971 (1), or 38.2% against 29.7% in 1971.

Table 3

1971 1978
Yes % Yes %

Africa 0 2 16.6
North and Central America 15 51..7 13 72.26
South America
Europe 20 36..50 16 39
Middle East, East, Far East 5 16..10 4 33
Oceania 2 16..60 1 33

TOTAL 42 29.7% 36 38.2%

This increase of almost 10% in the specialization

of teaching human rights in a relatively short
period of time is an incontestable sign of pro-
gress. Furthermore, one can surmise that if the
universities which are traditionally known for
their teaching and their research in the domain
of human rights had all responded to the question-
naire, their replies would have substantially in-
creased the percentage of affirmative replies,
(ii) These figures should, however, be immediately
tempered by taking into account the following
factors :
- first of all, certain teaching called "specia-
lized" does not merit this designation for two
reasons :
. the content of the courses attached to the
questionnaire is in reality little different
from and even quite similar to that of classic
courses in constitutional or international
law ,-
the teaching time devoted to courses called
"specialized" is sometimes so little that
these courses do not differ from teaching
which is traditionally done within the con-
text of a general course. For example, eight
hours devoted to the international protection
of human rights does not justify the label
"specialized" for such teaching ;

(1) The results do not take into account the replies to the ques-
tionnaire sent in 1971 by the United States Human Rights
Institute.

53
 - inversely, some institutions gave negative re-
plies to the question asked, even though the
teaching time devoted to human rights, as well
as the contents of the teaching administered
within the context of a conventional course,
would permit this to be considered as a specia-
lized course. This was the case at the Uni-
versity of Kanazawa at Tokyo (Japan), where 20
hours of seminar are devoted to human rights and
at the University of Navarra at Pamplona
(Spain), where 30 hours of required courses are
devoted to the universal protection of human
rights and to the European Convention,
(iii) Finally, it must be noted that a number of uni-
versities which do not yet have specialized teach-
ing stated that it would be created in the near
future :
for example : The University of Tasmania
(Australia) 1978-1979
The University of Cagliari (Italy)
awaits the decision of the
Consulting Committee
The University of Enugu (Nigeria)
awaits the decision of the Senate
The Judicial Institute of Manila
(Philippines) (1980).
It is particularly interesting to note that the
University College of Cardiff plans a specialized
course beginning in October 1978 on the inter-
national protection of human rights, for graduate
students in the humanities, letters, economics and
social science schools (1 1/2 hours per week) even
though such a course already exists within the
law school of that same university (cf. Annex IV).

B. What is the content of this teaching ?

An analysis of the replies proves that the growing spe-

cialization in the teaching of human rights has more national
than international benefits.

C. Is the specialized teaching required or optional ?

The importance given to the fact that a course is required

or optional should be noted. Thus one can ask whether a non-
specialized but required course (Kanazawa, Japan) is much more
desirable than a specialized but optional course. The ideal,
of course, is a specialized, required course.
It is regretable, however, that the ambiguous formulation
of the questionnaire did not allow us to determine whether the
required or optional nature of the teaching applied to a spe-
cialized or conventional course. Only a few institutions sup-
plied specific information in this regard (e.g. Université
Libre de Bruxelles, Belgium).

D. Where is this specialized teaching found ?

54
 As in 1971, the North American and European universities
are the most numerous in providing specialized teaching. One
notes with interest, however, the sharply rising percentage of
specialized teaching in Africa and Asia.

2. If there is no specialized teaching, are human rights taught

within the context of :•
constitutional law,
international law,
administrative law,
other courses (European law, comparative law, for example) ?

It is interesting to note that even when an institution has

created a specialized course in human rights, the subject continues,
more often than not, to be taught within the context of traditional
courses.
The responses permit the observation that it is within the con-
text of constitutional and international law that the teaching of
human rights is most often administered : national protection with-
in the context of constitutional law (66 affirmative replies), of
international law (52 affirmative replies).
The national protection of human rights within the context of
the teaching of constitutional law received the most attention. In
almost all cases, this is required instruction for undergraduate
students. About 20 to 30% of the course hours of constitutional
law are devoted to the study of human rights, principally to civil
rights and politics. Only the South American universities study
the social and economic rights guaranteed by the constitution of
their country. Constitutional provisions determining the relation-
ships between the State and individuals are considered as well as
diverse protective mechanisms {habeas corpus, amparo, jurisdictional
control of the constitutionality of laws, etc.).
The international protection of human rights : human rights are
taught in a general manner within the context of courses in inter-
national law, which, most often are optional courses for graduate
students. The Universal Declaration of 1948 and the Covenants of
1966 are the essential subjects of these courses, as well as oc-
casionally other judicial instruments which protect and guarantee
the rights enumerated in the Declaration.
Within the context of European or comparative law, for courses
which are optional and destined for graduate students, the European
Convention on Human Rights is the basis for the study of human rights
much more often than the Inter-American Convention.
These two findings should be qualified as follows :
- The parcelled nature of the study of the international pro-
tection of human rights is regrettable. One course in inter-
national law studies the Universal Declaration and the
Covenants, while another studies the European Convention.
Only rarely does one find a course dealing with both universal
and regional instruments for the protection of human rights.
- On the other hand, the increasing importance accorded to the
teaching of the European Convention is encouraging. The
manifestations, of this are twofold :
First of all, because the Convention provides as a basis for
discussion a vantage point for teachers and students alike, it
is integrated not only into the teaching programmes of Euro-
pean universities, but also those of Ghana, Barbados and the
United States.

55
 Secondly, the universities' interest in the Convention is
transformed into a substantial increase in the number of hours
devoted to its study, both within the contexts of European
law and comparative law (University of Santa Clara, USA ;
Law School of Neuchatel, Switzerland).
The growing influence of the Convention on the Law of Member
States, along with the growing influence of the jurisprudence
of the European Communities, will certainly cause teachers
to realize that human rights should be the object of specific
and independent instruction. A number of European universi-
ties, Italian and French in particular, lamented the complete
disjunction between the teaching of domestic law and the
teaching of international law concerning human rights.

3. Which human rights subjects are taught ?

Among the human rights subjects dealt with during the past two
years, one finds the same characteristics as for the previously
mentioned themes.
However, in the universities where the teaching of human rights
has been firmly established for some time, a more original and com-
plete approach is developing.
This is the case in the following universities :
- Denver (USA) : Human rights interventions by the United
States ;
- Kanazawa (Japan) : Freedom in the university ;
- Winnipeg (Canada) : The rights of the poor and mentally ill,
euthanasia ;
- Cape Town (South Africa) and Surinam : Apartheid ;
- Jerusalem (Israel) : Consumer rights.
Given these few examples, it is possible to ask whether or not
a certain evolution in the teaching of human rights is developing,
human rights not meaning here the universal rights of each indivi-
dual, but the specific rights granted to different social categories:
the rights of the poor, the rights of the sick, the rights of the
military, the rights of the refugee, students' rights, consumer
rights, etc. One thus moves from a theoretical and classical ap-
proach to a more pragmatic and modern approach to the subject of
human rights - the rights of man in specific situations. But does
one then risk veering towards a somewhat "corporative" conception
of human rights and thus introduce the danger of new types of dis-
crimination ?
4. Is the teaching of human rights in the universities particular-
ly directed towards students who will become :
members of the legal profession,
national or international bureaucrats,
managerial staff in private industry,
or should this instruction, in your opinion,
be part of the required education of every jurist ?
Replies to these questions turn out to be of the greatest in-
terest, since 56 out of 90 educational institutions, 60%, stated
that instruction on human rights should be an obligatory part of
every jurist's training. There is no better way to encourage this
than by giving human rights the privileged standing of a basic
subject.

56
5. Are studies and research on human rights sanctioned :
In the context of normally-delivered diplomas ?
By a special diploma ?

Generally, instruction in human rights is sanctioned in the

context of normally-delivered diplomas.
This result is not surprising, considering that, on the one
hand, human rights instruction is generally offered in the frame-
work of regular courses, and that, on the other hand, the great
majority of institutions desire that human rights instruction be
included in the training of every jurist.
It might be noted, however, that schools which have organized
specialized courses have not all created special diplomas.

II. Research

1. Have written themes concerning human rights been carried out

By members of your teaching staff or under their direction ?

Yes No

By students (doctoral thesis, undergraduate thesis, etc.) ?

Yes No

One remark seems called for after an analysis of the replies

to this question and an examination of the different research pro-
jects carried out both by students and by teachers : while overall,
the responses to questions concerning the instruction of human
rights leave a very favourable impression, the responses concerning
research call forth less optimism.
A. In certain universities, the existence of a specialized
course on human rights has not prompted a concomitant de-
velopment of research by teachers or pupils (e.g. University
of Virginia, USA).
B. A certain distortion can then be noted between the in-
terests expressed by the teachers, and the interests expressed
by the pupils. In one school, the students might manifest a
passionate interest for a discipline about which the teachers
are much less enthusiastic (e.g. Dickinson College, Carlisle,
USA ; Hull, United Kingdom ; Mannheim, Germany). In this
connection, the motivating role played by students cannot be
sufficiently emphasized, as they have chosen human rights as
the subject of research projects even where not a single
faculty member of their school has been a specialist in the
field.
On the contrary, in another school, the teachers might devote
themselves to research about which the students remain totally
indifferent (e.g. Amiens, France ; Bologna, Italy ; School of
Public Law, Malawi).

57
III. Practical organization of teaching and research

1. Is the teaching staff of your school or university sufficient

to provide instruction on human rights and to guide research
in this field (professors, assistant professors, etc.) ?

Yes No

Table 4

Countries Yes % No

Africa 4 33 7 58
North and Central America 9 50 8 44
South America 3 75 1 25
Europe 22 54 13 32
Middle East, East, Far East 3 25 9 75
Oceania 1 33 2 67

TOTAL 42 40

The responses are divided into two relatively equal groups,

42 yes and 40 no. It should be noted that in the developing
countries the teaching corps seems to be the least sufficient for
research and even sometimes for teaching, e.g. :
- University of Malawi, Zomba :
"Programme is so crowded with core practical courses for law-
yers that thorough treatment of the other issues has not been
possible."
- Universidad Iberoamericana de Mexico :
"For research, teacher potential is very limited."
- University of Natal, South Africa :
"There has been virtually no development owing to the acute
shortage of staff."
- University of Wellington, New Zealand :
"Our faculty is understaffed for research."
To this observation must be added the slight percentage of
positive responses received from universities implanted in the high-
ly developed countries (50% in North America and 54% in Europe).
This tends to show that even if teaching and research in the field
of human rights managed to spread in the universities, the teaching
corps would be insufficient in the great majority of cases, regard-
less of the country.
A deeper analysis of responses to the questionnaire leads us
to underline a particularity which should, in the future, help to
orient a policy for the development of the teaching of human rights.
Research and teaching seem to crystallize most often around the
particular personality of one human rights specialist. Apparently,
then, human rights has not yet acquired indépendant status in its
own right, but depends largely on the special and privileged interest
which one or another person in a university brings to it.

58
 e.g. : University of Roebruck, Australia
Fachbereich Rechtswissenschaft, Kiel, YRG
University of Cuyo, Argentina
University of Navarra, Spain
Cornell Law School, Ithaca, USA.

2. Are scholarships created within your school for study and

research in the field of human rights ?

The responses are hardly encouraging, since only three out of

the ninety institutions queried answered in the affirmative :
- Yale University, USA
- University of Santa Clara, USA
- Nuremberg University, FRG .

3. Does your university library contain a sufficient number of

works and documents concerning human rights ? Does it contain
a human rights section ?

Table 5

Countries Sufficient % Insufficient % _ ... %

Section

4 8 1
10 8 5
- 4
24 13 15
Middle East, East,
4 8 1
1 2

TOTAL ... 47 48% 43 48% 22 24%

Out of 90 replies received, 47 deemed their libraries' human

rights collection sufficient, whereas 43 found it insufficient.
It should be noted that only 22 institutions replied that they
had a specialized section on human rights. It is important to note
that among those institutions finding their libraries insufficient
are developing countries (Sudan, Columbia, Philippines) as well as
developed countries (Japan, USA, France, Australia). This is also
the case with regards to teaching and research personnel (cf. supra).
These responses show that the teachers and students do not al-
ways have necessary research documentation or indispensable teach-
ing material at their disposition. The University of Clayton in
Australia notes that : "It has not been possible to offer such a
course, as our library holdings and documents collection has been
inadequate for teaching and research purposes."
A number of professors took the trouble to mention that they
would like to receive a basic bibliography for human rights
(Universidad de Mexicali, Mexico). Others lamented the non-

59
existence of human rights teaching manuals, which might give teach-
ers, students and researchers alike a basic introduction.
For example,-Catholic University of America, Washington, D.C.,
USA :
"There is an urgent need for additional support for educa-
tional institutions that are interested in beginning
teaching in the human rights area.
The materials necessary for offering and organizing the
course are hard to locate. And perhaps most important,
there is no syllabus available that would indicate the
various issues, cases and areas of study that might be
considered by a faculty member as he or she attempts to
put a course together. Most universities are in the
position of not having someone on their faculty trained
in the human rights field. Thus, a person choosing to
organize a course would need considerable background
assistance and guidance as to what the course should con-
sist of and where the materials of study can be found".
- Cornell University, Ithaca, USA :
"Good collection, but not enough".
- University of Zaria, Nigeria :
"Very few books available".
- University of Malawi, Zomba :
"Resource funds are very limited for an ambitious programme".
- Iberoamericana University, Mexico :
"We would like to obtain, if possible, any documentation
and information relative to human rights".
- University of Cardiff, United Kingdom :
"As to library resources, I am in the process of building
up the human rights section of the college library, but
I am rather limited in the endeavour by the shortage of
funds available within the college for this purpose and
I should be most grateful if you can either put me in
contact with or suggest to me sources of funds for the
purpose of purchasing library material on this subject".

4. Is there any collaboration with other institutions or govern-

ment agencies for the purpose of developing teaching and
research in the area of human rights ?

Rarely do universities collaborate with one another or other

institutions in human rights matters. When such collaboration
exists, it is often quite fruitful either in helping to make the
university community more aware of human rights (this is the case
between the law schools at Besançon and Neuchatel), or in training
teachers in human rights. The law school at Legon in Ghana and
the University of Tasmania in Australia sent some of their pro-
fessors to Yale University in the United States of America for
training in human rights.
A few universities replied that they maintain more or less
direct contact with associations for the advancement and protection
of human rights, which has led them to organize conferences on
specific human rights problems. This is the case for the University
of Paramaribo in Surinam and for Catholic University of America,
Washington, D.C., United States of America.

60
5. With regard to developing teaching and research in the field
of human rights, would you deem it desirable to organize co-
operation between your university and other universities in
your country, as well as between law schools in general and the
international organizations concerned ?

The responses to this question reveal an impressive unanimity

for collaboration between law schools and the international organi-
zations concerned with human rights. 82 institutions out of 90, or
91%, wish to establish and maintain relations with the international
organizations. Teachers and researchers unquestionably suffer from
isolation and lack of information and ardently wish to be kept in-
formed of the work being done, and of the activities in the domain
of human rights of the specialized international organizations.
"Absolutely necessary" notes Catholic University of America,
Washington, D.C., USA.

6. Generally speaking, do you think that the teaching and research

situation in the field of human rights has progressed in your
school since 1970-71 ?

From the answers given to this question, the general feeling

arises that human rights enjoy a definite progress in the world's
universities. The growing interest of teachers, researchers and
students in human rights manifests itself in three ways :
(i) First, by the increase in specialized courses of study
since 1971 in many countries :
Chulalongkorn University, Bangkok, Thailand
University of Santa Clara, USA
Catholic University of America, Washington, D.C.,
USA
University of Tasmania, Australia
University of Besançon, France
Faculty of Law of Belfast, United Kingdom
University of Enugu, Nigeria,
(ii) Then by the constantly growing place taken by human
rights even within traditional courses :
Laval University, Quebec, Canada
Wellington University, New Zealand
University of Dar-es-Salaam, Tanzania
University of the West Indies, Barbados
University of Durham, United Kingdom :
"The position of human rights as a part of those
courses is much more secure than it was in 1971".
University of Paramaribo, Surinam :
"Teaching and research in the field of human
rights has evolved considerably in the last
five years. It is an integral part of courses".
Hebrew University of Jerusalem, Israel :
"There has been great improvement in recent
years",
(iii) Finally, regarding the acute realization of the need to
introduce or develop the teaching of human rights in
schools where the state of this instruction has not
progressed since 1971 :
Institute of International Relations, Yaounde,
Cameroon :

61
 "No evolution in the organization of programmes,
but the problem has become more pressing and
preoccupies students and teachers".
University of Brawijaya, Indonesia :
"Human rights is a basic condition for all
nations. Through the human rights approach, co-
operation among nations is expected to become
wider. Teaching and research in this field must
be intensified".
Judicial Institute of Manila, Philippines :
"There has been no special effort towards this
direction but I strongly feel the need for
teaching and research in the field of human
rights".
University of Cape Town, South Africa :
"In the last year, there has been a new aware-
ness and a beginning of change".

Conclusion

As a conclusion to this survey, three suggestions might be

made :
1. The creation of an organization for coordination and informa-
tion in the field of human rights would be undeniably welcome.
Such an organization, a data bank of human rights, would fulfil
a threefold function :
- to centralize human rights documentation, especially the work
of international specialized organizations ;
- to distribute a newsletter informing and developing contact
between human rights research teams of every sort, in which
particular attention would be paid to research methods and
themes, the results of projects, etc.;
- to encourage and facilitate meetings of human rights spe-
cialists and to promote the organization of colloquia in co-
operation with associations for the advancement of human
rights and other concerned organizations.
2. The role played by the International Training Center for the
University Teaching of Human Rights (Centre International de
Formation et de Recyclage des Enseignants des Droits de
1'Homme - CIFREDH) has proven to be especially positive in the
advancement of human rights.
For example :
University of Dar-es-Salaam, Tanzania :
"Human rights are included within the framework of inter-
national law courses and domestic law courses since
two members of our faculty went to Strasbourg".
Columbus University, USA :
"The course created in 1975 was instituted after several
members of our faculty attended the courses of the
CIFREDH".
If it is kept in mind that the teaching of human rights is most
frequently introduced into schools because of the personal
interest of a teacher, the potential influence of the CIFREDH
as a meeting and training site becomes clear.
3. The progression of human rights teaching and its growing soph-
istication in every country would require some modification of
the original questionnaire, were a similar survey to be con-
ducted in the years to come. A reworking of Part I of the
questionnaire devoted to teaching might be useful.
62
 2. The teaching of human rights and
professional ethics in faculties or schools of medicine

World survey conducted by the

International Institute of Human Rights, Strasbourg, France

Report prepared under the auspices of the

International Institute of Human Rights by Jean-Bernard Marie,
Attaché de Recherche at the CNRS

Introduction

1. Background

The world survey on the teaching of human rights and professional

ethics in faculties or schools of medicine and medical sciences was
carried out, at Unesco's request, by the International Institute of
Human Rights in 1977-1978. This survey constitutes a new stage in
Unesco's programme to develop the teaching of human rights in uni-
versities which corresponds, together with the training of teachers,
with one of the major concerns of the International Institute of
Human Rights since its creation in 1969.
An earlier survey, also carried out by the Institute at Unesco's
request, in 1971-1972, has been concerned with the teaching and
study of human rights in the comparatively "privileged" context of
university law and political science faculties. This survey, whose
findings and conclusions as well as detailed recommendations were
published in 1973 (1), revealed a fairly general "underdevelopment"
of such teaching.
Without slackening the attention paid to law and political
science (2), efforts are now being made to discover the importance
attached to this question in the framework of the teaching of
medicine and medical sciences in order that it may be possible to
evaluate what needs to be done and what resources are required to
develop the teaching of both human rights and the disciplines re-
lated to medical ethics in the faculties of schools concerned.
The field of inquiry of the present study was not chosen at
random. The choice results not only from the very real ethical
problems posed by contemporary developments in science and medicine
but also from the increasing importance given to human rights in the
study of these questions, particularly at the international level.
Thus, for some years now the United Nations Commission on Human
Rights has been regularly considering the topic of "Human rights and
scientific and technological developments" ; it will also be re-

di Human Rights Journal, No. 1, 1973, 222 pages.

(2) A new inquiry has just been completed in this field by the
International Institute of Human Rights in 1977-1978, the re-
sults of which are the subject of a report included in this
issue.

63
called that a Round Table was organized in Geneva in 1973 by the
Council for International Organizations of Medical Sciences (CIOMS),
with the assistance of Unesco, on the subject "Protection of human
rights in the light of scientific and technological progress in
biology and medicine". (3)
But it is undoubtedly both the number and the serious tone of
the replies returned by 145 faculties or schools of medicine from
all over the world which best illustrate the interest aroused by
the study of human rights and medical ethics and the importance which
should be given to them in education. Without anticipating the de-
tailed account of the results of this inquiry which is given below,
it may be useful to identify their main thrust.

2. Principal features of the teaching of human rights and pro-

fessional ethics in faculties and schools of medicine
(a) This teaching exists more often than not in embryonic form,
especially as regards human rights ; this is true irrespective of
the countries or regions of the world involved. While the teaching
of medical ethics appears to be more widespread and better provided
for, it is still limited and often defective.
Whether human rights or medical ethics are concerned, dispersion
characterizes their teaching, which is provided in the framework
of a wide variety of lectures with no real provision for continuity
or a specific approach. It is mainly in a normative context, either
relating to legal norms (as in the course on forensic medicine) or
professional norms (as in the course on medical ethics) that such
training is to be found, although it also tends to be included in
a relational context (as in the course on medical psychology).
When a special course exists, that is to say in a minority of
cases, it is mainly devoted to matters relating to medical ethics,
whereas human rights are only touched upon incidentally and margin-
ally.
The fairly generalized underdevelopment of the teaching of
human rights and medical ethics is linked with a dearth of teachers.
Teachers are often considered to be insufficient in number and in-
adequately trained and equipped. It is all the more remarkable, in
view of these shortages, that a considerable number of written works
and symposia, seminars and other meetings organized in faculties
or schools of medicine should have dealt with human rights and
medical ethics. And it is noteworthy that the topic of several of
these studies or meetings was precisely that of the problems raised
by the teaching of these subjects and the urgent needs apparent in
this field.
(b) The need to develop such teaching appears obvious to most
of the faculties or schools of medicine which expressed their views
in the course of the survey.
It is envisaged that this teaching should be continuous, in
other words that it should be followed through during the whole
course of study, running parallel both to the student's acquisition
of theoretical knowledge and to his practical training and prepara-
tion for the eventual assumption of his responsibilities as a
doctor.

(3) cf. the two special issues of Unesco Features devoted to this
Round Table and entitled "Biology, Medicine and Human Rights".

64
 Many replies stress that a constant link must be established
between medical practice and the teaching of human rights and medical
ethics, although this should not of course entail neglecting the pre-
sentation of theoretical factors and basic issues. Because they
are training doctors who are primarily practitioners, teachers
favour an approach based on case studies and clinical experience.
This doubtless helps to explain a certain lack of enthusiasm
for the idea that human rights and medical ethics should be taught
mainly or exclusively in a special course. Many respondents felt
that these questions should also be dealt with in the course of
teaching the entire range of disciplines, and especially in the
framework of clinical teaching. And for developing the specialized
teaching of human rights and medical ethics, preference is given to
special seminars rather than to special courses of an academic type.
This approach immediately raises the question of teacher
training, not only for instructors specializing in these subjects
but for all those members of the teaching staff (especially clini-
cians) who may be called upon to deal with aspects of human rights
and medical ethics. The most urgent needs are undoubtedly to be
found in this area.
Underlying the whole survey is the problem of the specificity
of the teaching of human rights and medical ethics in a faculty or
school of medicine. First of all, can human rights be separated
from ethics in the teaching of medicine, or do not medical ethics
already correspond to the transposition of human rights into medical
practice ?
Without attempting to reply to a question which ought really
to be the subject of a symposium attended by specialists in ethics
and specialists in human rights, it may simply be indicated that
human rights are probably not confined to matters of professional
ethics. For while it is true that professional secrecy, for example,
is an expression of the right to privacy, it would be foolhardy to
assert that the right to health or the rights of patients only
raise questions of medical ethics. A society's health needs and
the "health benefits" which its members have a right to expect ex-
ceed the framework of the exercise of a profession, however closely
it may be involved in the development and implementation of solu-
tions in this field.
Research on the identification of human rights and medical
ethics, which naturally takes on a pluridisciplinary dimension,
has already been started with a view to developing specific teaching
on these subjects, as is shown by the creation of "ethical-human
rights committees" in certain faculties or schools of medicine or
in a inter-university framework, and as is illustrated especially
by a publication intended for medical students entitled : "Is there
a system of human rights ?".
But this is no more than a first step in response to the ex-
pectations of the students who, as the survey reveals, show an in-
creasing and continuous interest in the questions raised by the
exercise of their future profession and the assumption of their
responsibilities in the light of the promotion of and respect for
human rights as universally defined by the international community.
In this connection, attention and efforts should be particular-
ly focused on the desire repeatedly expressed by faculties and
schools of medicine for cooperation to enable them to develop the
teaching of human rights and medical ethics. The organization of
cooperation in whatever framework appears to be most appropriate

65
should undoubtedly make an urgently needed contribution to the
training of teachers, the establishment of programmes, the prepara-
tion of teaching material and the exchange of experience.

B. Results and analysis of the survey

The survey on the teaching of human rights and medical ethics

in faculties or schools of medicine and medical sciences was carried
out by means of a questionnaire drawn up under the auspices of the
International Institute of Human Rights following a preliminary con-
sultation of experts in medical sciences and the teaching of medi-,
cine on the one hand and specialists in human rights on the other.
Opinions on the matter were gathered in particular from teachers of
medicine and from the international organizations concerned : Unesco,
WHO, CIOMS.
While the first drafts of the questionnaire envisaged the pos-1"
sibility of referring to the codes of medical ethics drawn up by
the World Medical Association (Geneva Oath (4), International Code
of Medical Ethics, Helsinki Declaration on Clinical Research (5) ,
Sydney Declaration on Determining the Time of Death (6), Oslo
Declaration on Therapeutic Abortion (7), Tokyo Declaration on
Torture (8), it finally appeared preferable, for the purposes of
the questionnaire, only to mention the Universal Declaration of
Human Rights and the International Covenants on Human Rights, with
particular reference to the rights most specifically related to
the practice of medicine (the right to life, the right to privacy,
freedom of conscience, the right to health, the right to work).
The text of the questionnaire, in the final version in which
it was communicated to the various faculties or schools, appears as
Annex I.
The questionnaire contains four sections :
- the first section is aimed at gathering information on the
place allotted to human rights and medical ethics in the
teaching syllabus of the faculty or school concerned ;
- the second section is aimed at obtaining information on the
practical organization of the teaching of human rights and
medical ethics ;
- the third section is aimed at obtaining information on the
research work and training activities undertaken by the
faculty of school with respect to human rights and medical
ethics ;
- the fourth section is aimed at obtaining the respondent's
opinion on the need for and objectives of the teaching of
human rights and medical ethics from the point of view of
future development.

(4) Declaration of Geneva. Medical Vow (1948).

(5) Declaration of Helsinki. Recommendations guiding medical
doctors in bio-medical research involving human subjects (1975
amended version). The previous (1964) version referred to
"clinical" research.
(6) Declaration of Sydney. Statement on Death (1968).
(7) Declaration of Oslo. Statement on Therapeutic Abortion.
(8) Declaration of Tokyo. Guideline's for medical doctors concerning
torture and other cruel, inhuman, degrading treatment or punish-
ment in relation to detention and imprisonment.

66
 It will be noted that while the.first three sections are aimed
at gathering factual information, making it possible to take stock
of the current position of the teaching of human rights and medical
ethics, the last section calling for opinions is aimed at determin-
ing trends and needs with a view to developing teaching, research
and training in the field of human rights and medical ethics in
faculties or schools of medicine and medical sciences.
The questionnaire contains closed and open questions, as well
as combined questions. It should be noted that a considerable
number of respondents made a point of supplying further parti-
culars, and sometimes very detailed comments, even in response to
what are known as closed questions.
The questionnaire was brought out in four languages, English,
French, Spanish, Russian, and forwarded according to the usual
language distribution to all the 955 faculties or schools of medi-
cine and medical sciences in 107 countries throughout the world
listed in the "World Directory of Medical Schools" published by WHO
in 1973.
Following the dispatch of the questionnaires by post at the end
of November 1977, replies from 145 institutions in 43 countries re-
presenting the various geographical regions had been received as at
31 May 1978. Annex II contains the list by region and by country
of the 145 faculties or schools which replied to the questionnaire.
We shall proceed below to analyse the replies received to the
various questions in the order in which they were put, and we shall
endeavour, within the limits of the present report, to single out
what seem to be the most significant points.

I. Teaching syllabus

1. Does your faculty or school syllabus include teaching concern-

ing human rights and medical ethics ?

When the questionnaire was written, it seemed desirable to deal

separately with the teaching of human rights and the teaching of
medical ethics.
The replies received appear to justify this distinction since
they differ markedly with respect to the two subjects. As may be
seen below, the teaching of medical ethics appears more frequently
in the syllabus than does the teaching of human rights.
Out of a total of 145 institutions which replied to all or part
of the questionnaire :
- 69 faculties or schools (47.5%) replied "YES the syllabus
includes teaching concerning human rights" and 48 replied
"NO" (33%) ;
- 126 faculties or schools (87%) replied "YES the syllabus in-
cludes teaching concerning medical ethics" and 13 replied
"NO" (9%) .
The tables below give these global results and their distri-
bution by region.
Analysis of the replies shows that where teaching on human
rights is given, teaching on medical ethics is always given as well,
whereas the opposite cannot apply in view of the relative frequency
with which the two subjects are taught.
While it can be no surprise that medical ethics should be
taught in most of the faculties or schools of medicine, it may on
the other hand be surprising to note the comparatively large number
of institutions - almost half of them - which state that their syl-
labus includes teaching on human rights.

67
 Table 1

Does your syllabus include teaching concerning human rights ?

Number of No
Region YES NO
replies reply

Africa 12 4 33 6 50 2
America 53 25 47 18 34 10
Asia and Oceania 36 17 47 14 39 5
Europe 44 23 52 10 22 11

TOTAL 145 69 47.5 48 33 28

Table 2

Does your syllabus include teaching concerning medical ethics ?

Number of No
Region YES NO
replies reply

Africa 12 12 100 0 - -
America 53 45 85 6 11 2
Asia and Oceania 36 28 78 6 14 3
Europe 44 41 93 2 4.5 1

TOTAL 145 126 87 14

This number should probably be weighted, taking into account

the information gathered from the next question, especially from
the replies to Question 3 where it will be seen that only about one
quarter of the faculties or schools indicate one or more subjects
relating to human rights and medical ethics dealt with in their
courses.
It appears in fact that a much more limited number of faculties
or schools teach human rights as such and give them their true di-
mension, to the extent that they are distinguished from medical
ethics and questions concerning professional responsibility.
It might therefore be considered that, in the framework of
their syllabus, faculties or schools of medicine tend to deal with
questions which, in one way or another, have a bearing on human
rights rather than to provide specific teaching on human rights.

68
2. In which courses - if any - is teaching on human rights and
. medical ethics given ?

(a) Teaching distribution

An initial examination of the replies received shows that the

teaching of human rights and medical ethics is distributed, in any
given faculty or school, among a comparatively large and diversified
number of courses (an average of three to five different courses
in each institution).
Whether this is regarded as a positive or as a negative ele-
ment naturally depends on whether it is considered that questions
concerning human rights and medical ethics should be integrated in-
to the teaching of other disciplines or, on the contrary, that by
being thus dispersed the teaching of human rights and medical ethics
becomes watered down and loses its specificity, if not its very
substance.
The teaching of human rights and medical ethics is most often
(i.e. in 48% of cases) given in forensic medicine courses.
Medical psychology courses are a close second with 43%, fol-
lowed by medical law courses with 36% and social legislation courses
with 28%.
These are followed, in almost equal proportions, by deontology
courses (18.5%), medical ethics courses (18%) and finally health
economics courses (17%).
The following table sets out global results distributed by
regions.

Table 3

The teaching of human rights and medical ethics is given in courses

on :

Africa America „ . Europe Total (+)

Oceania *

1. Forensic 10 14 19 27 70 48
medicine
2. Medical 7 26 13 16 62 43
psychology
3. Medical law 4 22 13 13 52 36
4. Social 3 . 14 8 16 41 28
legislation
5. Deontology 1 10 4 Í2 27 18.5
6. Medical ethics 2 11 7 6 26 18
7. Health economics - 11 4 10 25 17

Total number of replies : Africa 12

America 53
Asia and Oceania 36
Europe 44

145

69
 In view of the common factors characterizing the deontology
courses and the medical ethics courses proper, the results obtained
regarding each of these disciplines may be grouped together.
It can then be seen that in 36.5% of the institutions which
replied, the teaching of human rights and -medical ethics is princi-
pally given in the framework of the deontology or medical ethics
course.
In addition, it should be noted that even when a deontology
course or a medical ethics course is provided, the replies indicate
that the teaching of human rights and medical ethics is not con-
fined to these courses but is also provided in other courses.
Generally speaking, it may be noted that the teaching of human
rights and medical ethics is principally to be found in courses
dealing with the forensic, psychological and ethical aspects of
medical practice and patient-doctor relations.
A number of other courses mentioned on several occasions in
the replies should be added to the list of courses appearing in
the table above.
Some ten faculties and schools in different regions state that
the teaching of human rights and medical ethics is also given in
social or community medicine courses. Several institutions, mainly
in North America, also mention that such teaching is provided in
introductory courses to medicine and the history of medicine. Like-
wise, in North America, several faculties also refer to a "medical
humanities" or "humanistic medicine" course.
Finally, there are isolated references to courses in such sub-
jects as public health, industrial medicine, family medicine, human
sexuality, psychosomatic medicine and psychiatry, or again obste-
trics/gynaecology, pediatrics, epidemiology and geriatrics.
Two courses should probably be mentioned separately : one on
"citizenship and development" in Africa, and the other on the
national constitution in Asia.

(b) Characteristics of the courses in which the teaching of

human rights and medical ethics is given

The stage of study at which these courses are given and their
scope vary widely according to regions, countries and institutions
within a given country.
In attempting to identify the main features, the following
points may be observed :
- forensic medicine is usually taught towards the end of the
programme of studies, during the last three years ; in most
cases it comprises 20 to 30 hours' teaching a year and is
compulsory ;
- medical psychology on the other hand is usually taught at the
beginning of the programme, during the first three years ;
the number of hours' teaching varies widely, from a few
hours to about one hundred hours a year. Generally speak-
ing, it is in America that schools and faculties devote,the
highest number of hours to this subject. The medical psycho-
logy course is usually compulsory ;
- medical law is taught at the end of the programme of studies
in the majority of cases ; however, some faculties and schools
teach this subject between the beginning and the middle of
the programme. The number of hours' teaching is on an
average from 10 to 20 and the subject is usually compulsory ;

70
 - deontology and medical ethics are taught at different stages
of study without any clearly defined trend appearing/ deon-
tology more frequently being dealt with towards the end of
the programme. The number of hours' teaching is sometimes
very low (less than 10 yours a year), but is usually from
15 to 30 hours a year. While deontology is usually compulsory,
medical ethics is optional in nearly half the cases mentioned
in the replies.

3. lihat are the main subjects relating to human rights and medical
ethics dealt with in the course of courses mentioned ?

Generally speaking, it is the subjects relating to the right to

life which are taught as a matter of priority and the most frequent-
ly. The include abortion, the various forms of fertilization (arti-
ficial insemination, embryo implantation, in vitro fertilization)
and contraception. Eugenics and genetic engineering are also dealt
with, but in a more sporadic manner.
An extremely important place is also given to the corollary to
the right to life, the right to death or the right to die. The
subject is most often dealt with in connection with euthanasia.
Death in dignified and decent condition, the choice of one's own
death, and the truth concerning the approach of death are dealt with
in relation to excessively prolonged treatment, the limits to arti-
ficial reanimation and the definition of the time at which death
occurs.
The doctor-patient relationship is then dealt with fairly re-
gularly, especially in the framework of the psychology course. Of
the two parties involved in this relationship, greater importance
is attached to the rights of the patient than to those of the doctor.
The enlightened consent of the patient, the right to the truth,
respect for privacy and professional secrecy ar.d the responsibility
of the doctor are the topics most frequently mentioned.
The problems arising in connection with medical or surgical
experiments on human beings are also usually given some prominence
and the question of the enlightened consent of the patient is again
raised.
There follows a series of subjects which are dealt with more
or less regularly ; they include the right to health or to medical
treatment and to social security, the right to physical integrity
and transplants, the use of drugs, the right to work and industrial
medicine. Some original subjects mentioned by one faculty or another
such as "women in medicine" or "the right to rest and leisure"
should also be noted.
Finally, special mention should perhaps be made of two subjects
each of which is referred to by a single faculty, since they relate
very specifically to the subject of human rights as a whole : the
first,, mentioned by a faculty of medicine in Indonesia, is entitled:
"Gênerai principles of human rights"; while thé second, mentioned
by a faculty of medicine in India, is entitled : "International law
of human rights" and forms part of the social legislation course.

4. Xs there in your faculty or school a special coursé devoted to

the teaching of human rights and medical ethics ?

As appears from the table below, 42% of the institutions in-

dicate that there is a special course devoted to the teaching of
human rights and medical ethics, whereas 44% indicate that they have
no such special course.
71
 Table 4

_ j Number of ,„„ „ „,„ „ No

Region ,. YES % NO % .
3
replies reply
Africa 12 6 50 5 42 1
America 53 29 55 17 32 7
Asia and Oceania 36 13 36 16 44 7
Europe 44 13 30 26 59 5

TOTAL 145 61 42 64 44 20

A comparatively large number of respondents mentioned that

this special course, where it existed, dealt solely with the teach-
ing of medical ethics, and indeed it can be deduced from the replies
to the preceding questions that it is altogether exceptional for
there to be a special course devoted to the teaching of human
rights, this subject usually being dealt with tangentially.
It may be noted from the table that the existence of a special
course varies widely from one region to another, the percentage of
institutions in which such a course exists ranging from 55 in
America to 30 in Europe.

II. Practical organization of teaching

The second half of this questionnaire was designed to obtain

information on the "resources", in the form of both teaching staff
and documentation, belonging to each faculty, and to find out
whether there was cooperation between the various educational in-
stitutions to develop the teaching of human rights and medical
ethics.

5. For the purpose of providing instruction on human rights and

medical ethics, is the teaching staff of faculties or schools
of medicine :
- sufficient in number ?
- sufficiently trained ?

The table below shows that for 49% of the institutions which
answered the questionnaire, the teaching staff is sufficient in
number, whereas 34% indicate that the number of teachers is in-
sufficient.
Next, it is apparent that for 56.5% of institutions, the'
teaching staff is sufficiently trained, whereas 22% state that it
is insufficiently trained.
It should be noted that a relatively large number of institu-
tions (approximately 1/5) express no opinion on whether the teaching
staff is sufficient in number or sufficiently trained, and this
silence may be interpreted as expressing a doubt which would in-
crease the number of negative replies.
Several faculties or schools said that they were not certain
that the training was sufficient, and others that training was in

72
progress. Still others specified that their reply concerned only
instruction on medical ethics.

Table 5

Teaching staff Teaching staff

sufficient in number sufficiently trained
Number of „__ „ .,„ „ No „__ „ „_ . No
Region , . YES % NO % , YES % NO %
3
replies reply reply
Africa 12 7 58 4 33 1 8 67 3 25 1
America 53 25 47 21 40 7 33 62 12 23 8
Asia and
36 14 39 14 39 8 15 42 12 33 9
Oceania
Europe 44 25 57 10 23 9 26 59 5 11 13

TOTAL 145 71 49 49 34 25 82 56.5 32 22 31

These results provide a pointer to the future development of

instruction in human rights and medical ethics, which seems to be
desired by a large majority of the institutions, as is apparent
from the replies to Question 12. If, at the present stage of de-
velopment of such teaching, as many as 34% of institutions indicate
that teachers are not sufficient in number and 22% state that they
are not sufficiently trained, we can predict that the inadequacies
will steadily increase as instruction in human rights and medical
ethics becomes more widespread.

6. Are the libraries of faculties or schools of medicine able to

provide reference works and documents :
- on human rights ?
- on medical ethics ?

Table 6

Documentation on Documentation on
human rights medical ethics

Number of No No
Region " YES % NO % , YES % NO %
replies reply reply
Africa 12 5 42 5 42 2 9 75 1 8 2
America 53 35 66 12 23 6 45 85 5 9 3
Asia and
36 23 64 8 22 5 26 72 7 19 3
Oceania
Europe 44 28 64 6 14 10 35 80 3 7 6

TOTAL 145 91 63 31 21 23 115 79 16 11 14

73
 This table shows that a relatively high proportion of libraries
have documents and reference works on medical ethics, since 79% of
them have documentation on the subject and only 11% state that they
cannot provide any.
The number of libraries possessing documentation on human rights
is smaller, since it amounts to only 63%, and 22% of respondents
indicate that such documentation does not exist in the library of
their faculty. Some of the 15% of institutions which do not answer
the question should also presumably be regarded as doubtful cases.
Lastly, we should note the comments in the margin of a number
of affirmative replies, which state that documentation is very
incomplete, or minimal, and could be much fuller.
So the figures obtained should probably be regarded as highly
relative, since we find that although certain documents and re-
ference works on human rights and particularly on medical ethics
exist in the libraries, the scope of the documentation appears on
the whole to be somewhat restricted, especially where human rights
in particular are concerned.

7. With a view to developing the teaching of human rights and

medical ethics, do faculties or schools of medicine cooperate
with other institutions or teaching units ?

The replies obtained show that 36% of the institutions cooperate

with other faculties or schools of medicine or medical sciences,
while 55% cooperate with certain other educational institutions.
Regarding the latter, the information supplied by a number of
respondents shows that cooperation is most often established with
faculties of law and faculties of arts and humanities, particular-
ly departments of philosophy. A smaller number of respondents
mention cooperation with faculties of theology.
Worthy of separate mention is the experiment described by a
school of medicine in the United States, which recently set up an
"Intercampus Committee for the Humanities and the Professions", on
which the various university departments concerned, including the
school of medicine, are represented.

III. Research and training

Data regarding works written by teachers or students and

symposia, seminars or conferences organized by faculties or schools
were the main sources from which the questionnaire attempted to
derive information on research and training in human rights and
medical ethics.

8. Have studies, monographs, etc. on human rights or problems of

professional ethics been written within the context of faculties
or schools of medicine ?

Äs shown in the table below, which breaks down the replies

according to region, in nearly half the institutions (48%), written
studies on human rights or medical ethics have been written by
teachers.
In nearly one-quarter of the institutions (24%), studies have
been written by students, in which case they are usually surveys
or reports.

74
 Table 7

Works written by Works written by

teachers students

Number of affirmative Affirmative

replies replies % replies %

Africa 12 2 17 2 17
America 53 31 58 12 23
Asia and
36 15 42 6 17
Oceania
Europe 44 22 50 15 34

TOTAL 145 70 48 35 24

9. What are the subjects of the most recent works mentioned by

the faculties or schools of medicine ?

Initial consideration of the replies reveals that most of the

written works, whether theses, dissertations or reference works,
articles or handbooks, deal primarily with subjects of medical
ethics, and that only much more rarely do they deal specifically
with questions of human rights.
Quite a considerable number of publications deal with general
questions of professional ethics or subjects such as the history
of medicine, the philosophy of medicine, or basic problems such as
relations between science and values, or respect for the patient
as a human being.
The specific subjects of the works most often mentioned include:
abortion, contraception, artificial insemination, euthanasia and
the definition of death.' Medical experiments on human beings, organ
transplants and the choice of recipients are also the subject of
various studies, as are, in particular, doctor-patient relations,
enlightened consent and professional secrecy. Other studies again
deal with psychiatry from the point of view of medical ethics
(brain surgery, for example).
In the context of this survey, it may be particularly worthy
of note that a number of written works deal specifically with the
problems surrounding the teaching of medical ethics. This concern
is strongest in North America, especially in the United States,
but also in Canada where, in a faculty in Quebec, studies have been
written on the "Pitfalls of ethics teaching in a faculty of medi-
cine".
Lastly, it is not unimportant to note the few publications
which deal specifically with human rights in relation to the prac-
tice of medicine, such as :
- "Is there a system of human rights ?", published in the
United States ;
- "Human Rights and Principles of Medicine", published by a

75
 faculty of medicine in Japan ; and
- "Human Rights", published in Ireland.

10. Have questions bearing on human rights and medical ethics been
discussed at symposia, seminars, round tables, conferences, re-
fresher courses, meetings, etc., organized within the frame-
work of faculties or schools of medicine ?

On the strength of the replies obtained, we may note that 57%

of the faculties or schools of medicine have organized such meetings
on the subject of medical ethics and human rights, while 34% state
that none has taken place. We find that initiatives in this field
have been most frequent in America, followed by Europe.
The data supplied by a number of respondents reveal such meet-
ings to be widely divergent in kind. They may be symposia of a more
or less academic nature (sometimes organized in cooperation with
another faculty, of law or theology, for example), or regular (e.g.
monthly) conferences or seminars held as follow-ups to courses or in
the context of a clinical approach.
We also find that, in a number of cases, the meetings in
question take the form of fairly informal seminars organized by
the students themselves or by a students' association, and aimed
specifically at the students and teachers of the faculty or school
of medicine, or at the campus as a whole, or, alternatively, at the
general public.

11. What are the themes of such symposia, seminars, conferences,

refresher courses, etc. ?

The themes chosen for these various types of meeting usually

cover the subjects discussed in lectures (cf. item 3 above) or in
written studies (cf. item 9 above).
Although a problem of medical ethics nearly always provides
the focal point of these meetings, the themes are nevertheless ap-
proached from a "human rights angle" in a number of cases, especial-
ly at teach-ins, open to students and to the general public ; thus
we encounter such subjects as "the right to die", "the right to
medical treatment", "the right to know the truth", etc.
The subjects also reveal the same interest in questions con-
cerning the teaching of professional ethics in faculties or schools
of medicine which was apparent in the written studies examined above.
Several symposia on the problems raised by "medical education" and
educational approaches to medical ethics have been attended by
teachers and specialists in various disciplines and from various
faculties or schools.
Special mention should be made of a symposium organized jointly
by a faculty of medicine and a faculty of law in France, which dealt
specifically with "human rights in relation to life and death" (the
right to life and the various forms of fertilization ; human rights
and the individual as a set of components; the right to die ; the
right to the body ; the rights of the sick person faced with new
therapeutic procedures).

IV. Need for and objectives of teaching

This last part of the questionnaire is particularly important,

since its purpose is to collect opinions (and information) on the

76
need to develop the teaching of human rights and medical ethics,
the conditions of its organization, priority subjects for teaching,
the interest encountered among students and, lastly, the organiza-
tion of cooperation with a view to the development of teaching.

12. Is it desirable to develop the teaching of human rights and

medical ethics in faculties or schools of medicine ?

This question elicited very broadly affirmative replies, since

almost three-quarters of the respondents (72%) stated that it was
desirable to develop such teaching, whereas only 20% considered
that it was not necessary to develop it because it was already
sufficiently developed. A very small number of respondents (2%)
took the view that it was not necessary to develop such teaching
because is was not indispensable. The table below shows the break-
down of replies according to region.

Table 8

Total NO NO
number because such • because such
Region of YES % teaching is *%- teaching is No
replies sufficiently not in- reply
developed dispensable

Africa 12 8 bb 4 33 0 0
America 53 45 85 5 9 0 '3
Asia and
Oceania
36 28 78 6 17 0 2

Europe 44 23 52 14 32 3 4

TOTAL 145 104 72 29 20 3 (=2%) 9

If we refer to the replies given by each faculty or school to

the earlier questions, which provide information on the present
state of teaching, we find that, to some extent, the faculties or
schools that already provide a minimum of teaching on human rights
or medical ethics are those that wish to develop such teaching
further.
Conversely, in a number of cases, where the teaching of human
rights in particular has scarcely begun, the need for development
seems less obvious and the desire for it is not strongly felt.
There are, of course, exceptions, particularly "young" facul-
ties or schools which have not yet had an opportunity to develop
such teaching, but which are all the more anxious to do so.
With a view to possible follow-up action on this survey, it
should be noted, chiefly, that a very significant number of insti-
tutions (nearly three-quarters of the respondents) wish to do more
with regard to the teaching of human rights and medical ethics.
The needs expressed in this connection are altogether in keep-
ing with the keen and very widespread interest aroused by questions
of human rights and medical ethics among students, as may be seen
below from the replies to question 16.

77
13. Is it preferable that such teaching should be given
- as part of other already existing courses ?
- in the form of a special course on human rights and questions
of medical ethics ?

Approximately 47% of respondents said that they were in favour

of the teaching of human rights and medical ethics as part of other,
already existing courses, whereas approximately 18.5% think that such
teaching should be given in the form of a special course.
It should be stated immediately that a considerable number, of
respondents, viz. 18%, indicated that they thought such teaching
should be given both as part of existing courses and in a special
course on human rights and medical ethics. It appears that pre-
ference for such "combined" teaching is most common in America
(in 32% of cases), whereas in Europe that was the choice least
favoured (in 4% of cases only).
Certain respondents enlarged on their choice, observing that
although subjects related to human rights and medical ethics should
be "concentrated" in one or more special courses, such questions
should also "permeate" all medical teaching and particularly clini-
cal teaching. Others again said that a special course might be
developed on an optional basis, or alternatively that such a special
course should concern only medical ethics. Altogether, we find
that 36.5% of respondents are in favour of a special course on
human rights and medical ethics, while, for half that number, such
a course would not exclude teaching on these subjects as part of
other, existing courses.

14. Should teaching on human rights and of the disciplines related

to medical ethics be provided :
- at the beginning of the syllabus ?
- at the end of the syllabus ?
- at the beginning and end of the syllabus ?
- throughout the syllabus ?

A strong majority emerges : 61% of respondents consider that

such teaching should be provided throughout the syllabus, whereas
20% think that it should be provided both at the beginning and at
the end. A very small number of replies place such teaching either
at the beginning of the syllabus (5%) or at the end (7%) .
These replies clearly bring out the importance that is attached
to the teaching of human rights and of medical ethics, since they
indicate that it should be provided continuously, or at least at
the most crucial points of the syllabus, namely, both at the be-
ginning and at the end.
The various comments put forward on this question tend to stress
the period of clinical teaching, in which practice and specific cases
lead to the most satisfactory development of the study of questions
relating to human rights and medical ethics and their real implica-
tions. It is stated more than once that the fundamental principles
of medical ethics should be tackled right at the beginning of the
syllabus and gradually developed thereafter, taking account of the
student's own growth to maturity and personal experience.
In short, at the very beginning of the syllabus, the student
should be initiated in, and made aware of, the principles and general
problems of human rights and medical ethics, and should be led
gradually and continuously to confront more specific questions,

78
directly connected with medical practice, which, prepare him to take
up his responsibilities.

15. Which are the subjects relating to human rights and medical
ethics that should be taught in a faculty or school of medicine?

This question, which gives a check-list of eleven subjects (by

no means an exhaustive list) was designed both to clarify priorities
and to identify the specific human rights that are most directly
involved in teaching and research for a faculty or school of medi-
cine.
On initial examination, the replies indicate that all the
subjects listed should be taught, since, as some respondents state,
all are important. However, priority is given to subjects falling
under six of the headings, in as much as approximately three-
quarters of the respondents select them. These are, firstly, the
rights of the sick person (82% of replies), followed by : medical
experiments (78%), the right to life (76%) , the right to health
(73%), the relations between health and society (69%) and the
right to privacy (67%) .
Thereafter, approximately half the replies select : freedom of
conscience (57%), physical integrity (53%) and the right to work
(47%) .
Finally, protection against torture (38%) and medicine in
wartime (32%) are the subjects least frequently chosen.
If we examine the explanatory comments and additional informa-
tion supplied by a number of respondents, we find that the rights
of the dying person attract the keenest concern : a dignified death,
euthanasia and whether or not a terminally sick person should be
kept alive by artificial means.
Then come the rights of the "ordinary" sick person : the right
to be properly informed (diagnosis, treatment, risks, etc.), the
right to participate in decision-making or to refuse treatment or "
an operation, freedom of conscience, the right to expect the doctor
to abide by the terms of the treatment contract, confidentiality,
etc.
There are also the human rights of the human being as an ex-
perimental subject (for therapeutic or other purposes) and the
rights of the individual to medical treatment, to free and equal
access to treatment, to equality in the choice of treatment, and
to the benefits of scientific advances in the field of health.
Finally, we come to such social dimensions as the right to a
medical benefits scheme, family planning, the health needs of socie-
ty, advertising about medicines, the right to a healthy environment,
and the right to leisure and participation in sports activities.
By and large, it may be noted that little attention is paid to
the role and responsibility of the doctor and medical staff in ex-
ceptional situations such as those giving rise to the practice of
torture and other forms of inhuman or degrading punishment or cruel
treatment, or situations occurring in wartime. In this connection,
specific mention should be made of two subjects listed by two
faculties of medicine : "Medicine during disasters" and "Psychocrats
and Healthocrats : Obedience to Illegitimate Authority".

16. Speaking generally, what interest do students take in these

questions ?

79
The great majority of replies indicate that students take a
keen and sustained interest in questions connected with human rights
and medical ethics. Some replies speak for themselves and need no
comment : "highly interested", "great interest","keen interest",
"active participation and enthusuastic response", "students are in-
terested and would welcome such teaching", "increasingly enthusiastic
and informed interest", "considerable interest", "hay mucho in-
terés", "intérêt très grand", "intérêt très élevé", "intérêt vif
et réel", etc.
A fairly significant number of respondents state that this in-
terest is most often apparent outside the confines of theoretical
lectures, and is expressed when a study is made'of situations and
specific cases are cited, based on clinical practice.
This interest may find expression both in the organization of
symposia, conferences and meetings and in publications (periodicals,
for example) on which students collaborate and which concern prob-
lems involving human rights and medical ethics.
Interest may be greater when a question deals with a topical
subject, particularly to do with legislation, e.g. when a bill on
abortion is brought before the legislature. But in general terms a
good many students are concerned to know "what to do and what not
to do" in their work as doctors.
In the light of the replies, it seems that the questions most
"in favour" among students are : the rights of the sick person,
the relations between health and society, medical experiments on
human beings, the right to health, the right to life and the right
to privacy.
It may be of interest to note that one faculty of medicine sent
out a questionnaire to all its students in an attempt to find out
which subjects of medical ethics were of most interest to them,
with a view to organizing a series of seminars in that field.

17. Do faculties or schools of medicine think it desirable to or-

ganize cooperation in order to develop education, research and
training in the field of human rights and medical ethics ?

Here again, the great majority of replies are in the affirma-

tive, whether or not the institutions concerned already have con-
nections with other institutions or organizations.
The quantitative variations in the preferences expressed for
cooperation with one type of institution or organization rather
than another are not sufficiently marked to warrant an interpreta-
tion. We can say that, in general, faculties or schools of medi-
cine think it desirable to organize cooperation both with other
faculties or schools of medicine and with other foreign university-
level institutions (to a much more limited extent, however), inter-
national organizations such as WHO and Unesco and "academic" non-
governmental organizations such as the International Organization
for Medical Physics and the International Institute of Human Rights.
Apart from the "partners" that are contemplated, it should be
noted in particular that there is a wide measure of agreement re-
garding the need to cooperate in order to develop teaching, research
and training in human rights and professional ethics in faculties
or schools of medicine.

80
 Annex I

International Institute of Human Rights

Inquiry concerning the Teaching of Human Rights

and Professional Ethics in Faculties or
Schools of Medicine and Medical Sciences

For the purpose of this questionnaire, human rights include the

subject matter covered by :
- the Universal Declaration of Human Rights of 1948, and
- the International Covenants on Human Rights which came into
force in 1976, in particular the rights more specifically
concerned with the exercise of medicine : the right to life,
the right to privacy, freedom of conscience, the right to
health, the right to employment. (For more details, see
question 15.)

NAME AND ADDRESS OF FACULTY OR SCHOOL :

I. TEACHING SYLLABUS

1. Does your Faculty or School syllabus include teaching concerning:

1.1 - Human Rights ? Yes No
1.2 - Medical Ethics ? Yes No

(If no, please go straight on to question 6.)

2. If so, is such teaching given in courses on :

81
 ¡year or ! no. of ! is this course
•stage of¡hours !Compuls-loption-¡optional
¡syllabusiper year! ory ! al (¡alternative

2.1 FORENSIC 1 ! ! ! !
MEDICINE ! ! ! ! !

2.2 MEDICAL LAW ! ! ! 1 !

2.3 SOCIAL i i i ! I •
LEGISLATION ' , ' , ' , ' , ' ,

2.4 HEALTH i i i í i"

ECONOMICS ! i ! i i
i i i i i
2.5 MEDICAL , , " J
PSYCHOLOGY ¡ ' ¡ I i i
! ! ! ! !
2.6 DEONTOLOGY i i , , ,

2.7 OTHER COURSES! ! ! ! !

Which ones ? ! ! ! ! !

What are the main subjects relating to human rights and medical
ethics dealt with in the course of courses mentioned ?
(You are requested, in so far as this is possible, to send the
syllabus of the course and the name (or names) of the teacher
(or teachers).)

Is there in your Faculty or School a special course devoted to

the teaching of human rights and medical ethics ?

Yes NO

II. PRACTICAL ORGANIZATION OF TEACHING

5. For the purpose of providing instruction on human rights and

medical ethics, is the teaching staff of your Faculty or School
5.1 - sufficient in number ? Yes No
5.2 - sufficiently trained ? Yes No

6. Is the library of your Faculty or School able to provide re-

ference works and documents
6.1 - on human rights ? Yes No
6.2 - on medical ethics ? Yes No

7. With a view to developing the teaching of human rights and

medical ethics, does your Faculty or School cooperate with
7.1 - other Faculties or Schools of Medicine or Medical Sciences?
7.2 - other institutions or teaching units (Law, Humanistic
Sciences, Arts, Science, etc.) ?

82
 III. RESEARCH ÄND TRAINING

Have studies, monographs, etc., on human rights or problems of

professional ethics been written within the context of your
Faculty or School
- by members of the teaching staff Yes No
- by students (dissertation, thesis) ?
Yes No

If so, can you mention the most recent of such works, indi-
cating also those that have been published ? (Append additional
sheets, as necessary.)

Have questions bearing on human rights and medical ethics been

discussed at symposia, seminars, round tables, conferences, re-
fresher courses, meetings, etc. organized within the frame-
work of your Faculty or School ?
Yes No

If so, can you specify the title, theme and date of such sym-
posia, etc. ? (Append additional sheets, as necessary.)

IV. NEED FOR AND OBJECTIVES OF TEACHING

Do you consider it desirable to develop the teaching of human

rights and medical ethics in your Faculty or School ?
Yes No, because such teaching is
already sufficiently,
developed
No, because such teaching is
not indispensable

Do you think it preferable that such teaching should be given

1 as part of other already existing courses ?
2 in the form of a special course on human rights and ques-
tions of medical ethics ?

Do you think that teaching of human rights and of the disci-

plines relating to medical ethics should be provided
1 at the beginning of the syllabus ?
2 at the end of the syllabus ?
3 at the beginning and end of the syllabus ?
4 throughout the syllabus ?
5 other opinions (specify) ?

Which are the subjects relating to human rights and medical

ethics that, in your opinion and according to your experience,
should be taught in a Faculty or School of Medicine or
Medical Sciences ? (The list of human rights given below is
by no means exhaustive.)
1 - the right to life
2 - medical experiments on human beings
3 - physical integrity
4 - protection against torture
5 - freedom of conscience

83
15.6 - right to privacy
15.7 - rights of the sick person
15.8 - right to health
15.9 - right to work
15.10- health and society
15.11- medicine in wartime
15.12- additional questions ; what are they ?
16. Speaking generally, what interest do students take, either in-
dividually or as members of associations or groups, in all
these questions or some of them ?

17. In order to develop education, research and training in the

field of human rights and medical ethics, do you think it
would be desirable to organize cooperation between your Faculty
or School and :
17.1 the other Faculties or Schools of Medicine in your country ?
17.2 other university institutions in your country ?
17.3 foreign university institutions ?
17.4 international organizations such as WHO and Unesco ?
17.5 "academic" non-governmental organizations such as the
Council for International Organizations of Medical
Sciences (CIOMS) or the International Institute of Human
Rights ?

ooOoo

Date

Name and position of the person who has filled up this question-
naire :

84
 Annex II

List by Region and Country of the

Faculties and Schools of Medicine and Medical Sciences
which answered the Questionnaire

AFRICA : 12 replies

South Africa

Faculty of Medicine, University of Orange Free State, Bloemfontein.

Faculty of Medicine, University of Natal, Congella.
Faculty of Medicine, University of the Witwatersrand, Johannesburg.

Egypt

Faculty of Medicine, University of Assiut, Assiut.

Ghana

University of Ghana, Medical School, Accra.

Kenya

Faculty of Medicine, University of Nairobi, Nairobi.

Socialist People's Libyan Arab Jamahiriya

Faculty of Medicine, University of Garyonnis, Benghazi.

Nigeria

Faculty of Medicine, University of Ibadan, Ibadan.

College of Medicine, University of Lagos, Lagos.

Senegal

Faculté de Médecine et de Pharmacie, Université de Dakar, Dakar.

Zaire

Faculté de Médecine, Université nationale du Zaïre, Kinshasa.

Faculté de Médecine, Campus de Kisangani, Kisangani.

AMERICA : 53 replies

Brazil

School of Medical Sciences of Volta Redonda, Atterado, Volta Redonda.

85
 Brazil (continued)

Faculty of Medical Sciences of Minas Gerais, Belo Horizonte, Minas

Gerais.
Faculty of Medicine, University of Campinas, Campinas, Sao Paulo.
Faculty of Medicine, Federal University of Goiás, Goiânia, Goiás.
Faculty of Medicine, Federal University of Pelotas, Pelotas, R.S.
School of Medicine and Public Health, Catholic University of
Salvador, Bahia.
School of Medicine and Surgery, University of Uberlândia, Uberlândia,
Minas Gerais.

Canada

Faculty of Health Sciences, McMaster University, Hamilton, Ontario.

Faculty of Medicine, McGill University, Montreal, Quebec.
Faculte de Médecine, Université Laval, Québec, Québec.
Faculté de Médecine, Université de Sherbrooke, Sherbrooke, Québec.
Faculty of Medicine, Memorial University of Newfoundland, St. John's,
Newfoundland.
Faculty of Medicine, University of Toronto, Toronto, Ontario.
Faculty of Medicine, University of Manitoba, Winnipeg, Manitoba.

Chile

Facultad de Ciencias de la Salud, Universidad de Chile, Valparaiso.

Colombia

Facultad de Medicina, Universidad de Valle, Cali.

Nicaragua

Facultad de Medicina, Universidad Nacional Autónoma de Nicaragua,

León.

United States of America

School of Medicine, University of New Mexico, Albuquerque, New

Mexico.
Medical College of Georgia, School of Medicine, Augusta, Georgia.
School of Medicine, University of Maryland, Baltimore, Maryland.
School of Medicine, Boston University, Boston, Massachusetts.
School of Medicine, State University of New York at Buffalo,
Buffalo, New York.
Chicago College of Osteopathic Medicine, Chicago; Illinois.
University of Illinois Medical Center, Chicago, Illinois.
School of Medicine, Case Western Reserve University, Cleveland, Ohio.
School of Medicine, University of Colorado, Denver, Colorado.
Duke University Medical Center, Durham, North Carolina.
University of Texas Medical Branch, Galveston, Texas.
School of Medicine, University of Hawaii, Honolulu, Hawaii.
College of Medicine, University of California, Irvine, California.
School of Medicine, University of California at San Diego, La Jolla,
California.
School of Medicine, University of Southern California, Los Angeles,
California.
School of Medicine, University of Wisconsin, Madison, Wisconsin.

86
 United States of America (continued)

University of Tennessee Center for the Health. Sciences, Memphis,

Tennessee.
College of Osteopathic Medicine, Michigan State University, Michigan,
Michigan.
Medical School, University of Minnesota, Minneapolis, Minnesota.
School of Medicine, West Virginia University, Morgantown, Virginia.
Cornell University Medical College, New.York, New.York.
Mount Sinai School of Medicine, New York, New York.
Creighton University, School of Medicine,.Omaha, Nebraska.
College of Medicine, University of Nebraska, Omaha, Nebraska.
The Medical College of Pennsylvania, Philadelphia, Pennsylvania.
School of Medicine, University of Pittsburg, Pittsburg, Pennsylvania.
School of Medicine, Medical College of Virginia, Richmond, Virginia.
College of Medicine, University of Utah, Salt Lake City, Utah.
University of Texas Health Science Center, San Antonio, Texas.
School of Medicine, University of Puerto Rico, San Juan, Puerto Rico.
School of Medicine, Stanford University, Stanford, California.
College of Medicine, University of Arizona, Tucson, Arizona.
Howard University, College of Medicine, Washington, D.C.
The Bowman Gray School of Medicine, Wiston-Salem, North Carolina.
University of Massachusetts Medical Center, Worcester, Massachusetts.

Venezuela

Facultad de Medicina, Universidad Central de Venezuela, Caracas.

ASIA AND OCEANIA : 36 replies

Afghanistan

Faculty of Medicine, Nangrahar University, Jalalabad.

Australia

Faculty of Medicine, University of Queensland, Herston.

Faculty of Medicine, University of Tasmania, Hobart.
Faculty of Medicine, University of Melbourne, Parkville.

Hong-Kong

Faculty of Medicine, University of Hong-Kong, Hong-Kong.

India

St. John's Medical College, Bangalore University, Bangalore.

Medical College, Uktal University, Berhampur.
Lady Hardinge Medical College, Delhi University, New Delhi.

Indonesia

Faculty of Medicine, Sriwijaya University, Palembang.

Faculty of Medicine, University of Airlangga, Surabaya.
Faculty of Medicine, Gadjah Mada University, Yogyakarta.

87
 Iran

Faculty of Medicine, University of Tehran, Tehran.

Iraq

Baghdad Medical College, University of Baghdad, Baghdad.

Mosul Medical College, University of Mosul, Mosul.

Japan

School of Medicine, Hiroshima University, Hiroshima.

School of Medicine, Niigata University, Niigata.
Kawasaki Medical School, Okayama.
Medical School, Osaka University, Osaka.
School of Medicine, Hokkaido University, Sapporo.
Faculty of Medicine, Tokyo Medical and Dental University, Tokyo.
School of Medicine, Jutendo University, Tokyo.
School of Medicine, Nihon University, Tokyo.
The Tokyo Women's Medical College, Tokyo.
Tokyo Medical College, Tokyo.
Wakayama Kenritsu Ikadaigaku, Wakayama-shi.

Republic of Korea

Medical School, Chon-Nam University, Kwangju.

Laos

Ecole de Médecine, Vientiane.

Lebanon

Faculté de Médecine, Université St. Joseph, Beyrouth.

New Zealand

School of Medicine, University of Auckland, Auckland.

Medical School, University of Otago, Dunedin.

Papua-New Guinea

Faculty of Medicine, University of Papua-New Guinea, Boroko.

Philippines

College of Medicine, University of the Philippines, Manila.

Taiwan

Medical Faculty of China Medical College, Taichung.

College of Medicine, National Taiwan University, Taipei.

Thailand

Faculty of Medicine, Chulalongkorn University, Bangkok.

Faculty of Medicine, Chiang May University, Chiang May.

88
EUROPE : 44 replies

Belgium

Faculté de Médecine et de Pharmacie, Université Libre de Bruxelles,

Bruxelles.
Faculté de Médecine et de Pharmacie, Vrije Universiteit Brüssel,
Bruxelles.
Faculté de Médecine, Université catholique de Louvain, Louvain.
Faculté de Médecine, Facultés universitaires Notre-Dame de la Paix,
Namur.

Denmark

Faculty of Medicine, Copenhagen University, Copenhagen.

Faculty of Medicine, Odense University, Odense.

Finland

Faculty of Medicine, University of Turku, Turku.

France

Faculté de Médecine, Université de Besançon, Besançon.

Faculté de Médecine, Université de Grenoble, Grenoble.
Faculté de Médecine et de Pharmacie, Université de Limoges, Limoges.
Faculté de Médecine, Université de Montpellier, Montpellier.
Faculté des Sciences pharmaceutiques et biologiques, Université de
Nancy,. Nancy.
Faculté de Médecine et de Pharmacie, Université de Rouen, Rouen.

Germany, Federal Republic of

Medical Faculty, University of Köln, Köln.

Faculty of Medicine, Johannes-Gutenberg University, Mainz.

Ireland

Faculty of Medicine, University College, Cork.

Faculty of Medicine, Royal College of Surgeons in Ireland, Dublin.
Medical School, University College, Dublin.

Italy

Faculty of Medicine and Surgery; University of Pisa, Pisa.

Faculty of Medicine and Surgery, University of Trieste, Trieste.

Netherlands

Faculty of Medicine, Vrije University, Amsterdam.

Medical Faculty, Erasmus University, Rotterdam.

Norway

Faculty of Medicine, University of Oslo, Oslo.

89
 Poland

Academy of Medicine, Wroclaw.

Romania

Institute of Medicine and Pharmacy, Bucharest.

Institute of Medicine and Pharmacy, Cluj.
Institute of Medicine and Pharmacy, Tirgu-Mures.

Spain

Facultad de Medicina, Universidad de valladolid, Valladolid.

Sweden

Faculty of Medicine, Linkõping University, Linkõping.

Faculty of Medicine, Uméa University, Uméa.

Switzerland

Faculté de Médecine, Université de Bale, Bale.

Faculté de Médecine, Université de Berne, Berne.
Faculté de Médecine, Université de Lausanne, Lausanne.

United Kingdom of Great Britain and Northern Ireland

Faculty of Medicine,University of Aberdeen, Aberdeen.

Faculty of Medicine, Queen's University of Belfast, Belfast.
The Medical School, The University of Birmingham, Birmingham.
Faculty of Medicine, University of Bristol, Bristol.
School of Clinical Medicine, University of Cambridge, Cambridge.
Welsh National School of Medicine, Cardiff.
Faculty of Medicine, University of Edinburgh, Edinburgh.
Faculty of Medicine, University of Glasgow, Glasgow.
School of Medicine, University of Leeds, Leeds.
St. Thomas' Hospital Medical School, University of London, London.
Medical School, University of Oxford, Oxford.

90
B . Reports from
International Organizations
 1. The Promotion of the Teaching of Human Rights
through the united Nations Programme of Advisory Services

Document prepared by the

Division of Human Rights, United Nations

Introduction

1. By Articles 55 and 56 of the United Nations Charter, the

Member States of the United Nations have pledged themselves to pro-
mote universal respect for, and observance of, human rights and
fundamental freedoms for all without distinction as to race, sex,
language or religion. Technical assistance, by the international
interchange of technical knowledge through international co-
operation, represents one of the means by which it is possible to
promote the human rights objectives of the United Nations as set
forth in the Charter and in the Universal Declaration of Human
Rights.
2. In Resolution 586 (XX) of 29 July 1955, the Economic and
Social Council recommended that the General Assembly consolidate
the programmes of technical assistance previously approved by the
Assembly relating to the rights of women, the eradication of dis-
crimination and protection of minorities, and the promotion of
freedom of information, with the broad programme of assistance in
the field of human rights, the entire programme to be known as
"Advisory services in the field of human rights". The General As-
sembly approved the recommendation in Resolution 926 (X) of 15 D e -
cember 1955.
3. Under the advisory services programme, established by Resolu-
tion 926 (X), the Secretary-General is authorized, subject to the
directions of the Economic and Social Council, to make provision at
the request of Governments and with the cooperation of the Special-
ized Agencies where appropriate and without duplication of their
existing activities, for the following forms of assistance with
respect to human rights : advisory services of experts ; seminars ;
fellowships and scholarships. In 1967, by Resolution 17 (XXIII),
the Commission on Human Rights requested an additional form of as-
sistance namely regional training courses.
4. By Resolution 926 (X) the Secretary-General is authorized to
take the programme established by that Resolution into account in
preparing the budgetary estimates of the United Nations. This means
that subject to the principle that each requesting Government is
expected to assume responsibility, as far as possible, for all or a
considerable part of the expenses, the programme of advisory ser-
vices in the field of human rights is financed from the regular
budget of the United Nations.
5. The General Assembly requested the Secretary-General to under-
take such assistance in agreement with the Governments concerned on

93
the basis of requests received from Governments and in accordance
with the following policies :
(a) with respect to the provision of advisory services of
experts, the kind of service.to be rendered to each
country shall be determined by the Governments con-
cerned ;
(b) the selection of the persons to be awarded fellowships
and scholarships shall be made by the Secretary-General
on the basis of proposals received from Governments ;
(c) the amount of assistance and the conditions under which
it is to be rendered shall be decided by the Secretary-
General, with due regard to the greater needs of the
underdeveloped areas and in conformity with the prin-
ciple that each requesting Government shall be expected
to assume responsibility, as far as possible, for all
or a considerable part of the expenses connected with
the assistance furnished to it, either by making a
contribution in cash, or by providing supporting staff,
services and payment of local costs for the purpose
of carrying out the programme.
6. Under Resolution 926 (X), the Secretary-General is requested
to report regularly to the Economic and Social Council, to the
Commission on Human Rights and, as appropriate, to the Commission on
the Status of Women, on the measures he has taken to carry out the
advisory services programme.
7. The provision of Resolution 926 (X) was modified in 1969 when,
at its forty-seventh session, the Economic and Social Council de-
cided, at the 1637th plenary meeting on 8 August 1969, that the
question of advisory services in the field of human rights should
no longer be routinely included as an item on the Council's agenda,
but that the Council should continue to be informed of developments
through the reports of the Commission on Human Rights and the Com-
mission on the Status of Women, unless in any given year special
circumstances should lead the Council or the Secretary-General to
believe that a separate item was required. Having considered the
item relating to the report of the Economic and Social Council,
the Third Committee of the General Assembly at its twenty-fourth
session took note of that decision of the Council and in its re-
port (1) on the item indicated that the relevant provisions of the
General Assembly Resolution 926 (X) would thereafter be applied in
conformity with the new procedure stipulated by the Council. At
its 1834th plenary meeting on 15 December 1969 the General Assembly
took note of the decision.
8. In its Resolution 17 (XXIII) of 22 March 1967, the Commission
on Human Rights requested the Secretary-General to consider the or-
ganization, from 1969 onwards, of an annual programme of advisory
services in the field of human rights, consisting of at least two
seminars on subjects of human rights - of which at least one should
be on an international level - one or two seminars on the status
of women and one or more regional training courses on human rights.
The Commission also requested that the programme should include an

(1) Official Records of the General Assembly, Twenty-fourth

Session, Annexes, agenda item 12, document A/7840, paragraph
45.

94
award of an adequate number of human rights fellowships, taking into
account the increasing interest expressed in the fellowships by
Member States. The Commission further requested the Secretary-
General to draw the attention of the Governing Council of the
United Nations Development Programme to this resolution, and it
invited the Governing Council to bear the resolution in mind in
considering the recommendations of the Economic and Social Council
relating to the level of appropriations for the relevant part of
the United Nations budget. The Economic and Social Council in its
Resolution 1241 (XLII) of 6 June 1967 took note of the report of the
Commission on Human Rights on its twenty-third session containing
Commission Resolution 17 (XXIII), parts of which have just been
mentioned.
9. At its fifty-second session the Economic and Social Council, in
Resolution 1680 (LII) of 2 June 1972, noted Resolution 17 (XXIII)
of the Commission on Human Rights and invited the Secretary-General,
in discharging his responsibility for the programme, to make every
effort within the existing resources available to him to ensure as
far as possible that two seminars on subjects relating to the status
of women be held each year especially in the years when the Com-
mission on the Status of Women does not meet and that at least one
of these seminars be an international seminar on a matter directly
related to the work programme of the Commission on the Status of
Women.
10. As of 1973 the part of the programme dealing with the activi-
ties relating to the promotion of equality of men and women has
been separated from other human rights activities. This part of
the programme is now being administered by the Promotion of Equality
of Men and Women Branch within the Centre of Social Development and
Humanitarian Affairs.
11. At its thirty-second session in 1976, the Commission on Human
Rights adopted Resolution 7 (XXXII) concerning the further promo-
tion and encouragement of human rights and fundamental freedoms,
including the question of a long-term programme of work of the
Commission. In paragraph 2 of the resolution, the Economic and
Social Council was requested to enable the Secretary-General to
continue to organize world-wide and regional seminars on human
rights ; in paragraph 4 the Secretary-General was requested, acting
in particular through the information centres, to give more publi-
city to United Nations activities in the field of human rights.
As requested, the Secretary-General instructed all United Nations
Information Centres to inform Governments of Member States, in
their respective areas of operation, of the availability of ad-
visory services in the field of human rights. By a note verbale
dated 24 April 1976 the Secretary-General also asked all Member
States if they would be interested in acting as hosts to seminars,
to be organized on a world-wide or regional basis, or to regional
training courses on topics relating to the promotion and protection
of human rights.
12. At its sixtieth session in 1976, the Economic and Social Council
endorsed the recommendations made by the Commission on Human Rights
in its Resolution 7 (XXXII) and decided, among other things, to
request the General Assembly to enable the Secretary-General to
continue to organize world-wide and regional seminars on human
rights (2).

(2) See Official Records of the Economic and Social Council,

Sixtieth Session, Supplement No. 1 (E/5850, decision 146 (LX)).

95
13. The General Assembly, in its Resolution 32/123 of 15 December
1977 on the commemoration of the thirtieth anniversary of the Uni-
versal Declaration of Human Rights, requested the Secretary-General
to organize a world-wide seminar on national and local institutions
for the promotion and protection of human rights. In its Resolution
32/127 of the same date, the General Assembly further requested the
Secretary-General to give priority under the programme of advisory
services in the field of human rights to the organization, in areas
where no regional commissions on human rights exist, of seminars for
the purpose of discussing the establishment of appropriate machinery
for the promotion and protection of human rights.
14. The General Assembly in its Resolution 32/213 A of 21 Decem-
ber 1977 appropriated funds for the biennium 1978-1979 for techni-
cal assistance programmes which included funds for the programme
of advisory services in the field of human rights.
15. in its Resolution 11 (XXXIV) of 24 February 1978, the Commis-
sion on Human Rights recalling General Assembly Resolution 926 (X)
of 14 December 1955 which established the advisory services pro-
gramme in the field of human rights as well as its own Resolution
17 (XXXII) requesting the Secretary-General to organize two seminars
and one training course and to grant a number of fellowships annual-
ly, recommended to the Economic and Social Council the adoption of
a draft resolution. On the recommendation of the Commission, the
Council, at its first regular session in 1978, in Resolution 1978/14
of 5 May 1978, reiterated its request to the Secretary-General to
organize at least two seminars and one training course annually
and also to grant at least 25 fellowships each year , giving special
attention to the needs of developing countries ; and authorized the
Secretary-General to supplement the number of seminars, fellowships
and training courses possible under the advisory services programme
in the regular budget of the United Nations by arranging for addi-
tional seminars, fellowships and training courses which would be
financed by Governments willing to do so.

A. Seminars

16. Human rights seminars organized under the programme of advis-

ory services give prominent officials and personalities and recog-
nized experts in the field of national or internaitonal protection
of human rights an opportunity to exchange information as to the
knowledge they acquired and the experience they gained in solving
or attempting to solve human rights problems selected among those
for which the United Nations have expressed special interest or con-
cern. In bringing together for short periods of time key people
nominated by their respective Governments, seminars are intended to
stimulate their thinking, provoke fresh ideas, elicit constructive
suggestions and make it possible to explore informally ways and
means of improving existing methods of implementation or introducing
advanced techniques. Through the leadership of the participants in
their own country, they contribute to encourage greater awareness
of matters relating to human rights of concern to the world com-
munity.
17. Under the terms of General Assembly Resolution 926 (X), the
initiative for specific advisory services projects comes from Govern-
ments. The first step in the organization of a human rights seminar
is therefore the receipt of an invitation from a Government, offer-
ing to act as Host. Once a Government has invited the Secretary-
General to organize a seminar, negotiations proceed, usually through

96
the Permanent Mission concerned, with regard to the subject-matter
to be chosen, the precise date of the seminar, the agenda and list
of Governments to be invited to nominate participants, etc.
18. Ä S soon as the above question and other matters have been
resolved in consultation with the Host Government, an Agreement is
drawn up concerning the seminar setting forth the responsibilities
and services to be provided by the United Nations and the Host
Government. The Agreement is drafted according to a standard form
which has proved successful and practical over the years.
19. Generally speaking, the division of responsibilities is along
the following lines : the United Nations pays for the travel and
subsistence of one participant from each country invited, for the
preparation of background papers by expert consultants, and for
assigning a team of officials from the Secretariat to service the
seminar and assist in drafting its report. The Host Government,
for its part, is responsible for certain local costs and services.
These include the supply of appropriate conference facilities and
personnel, including interpreters, translators and supporting tech-
nical staff. The Host Government is also asked to appoint a
Liaison Officer with whom the Division of Human Rights corresponds
directly concerning detailed arrangements.
20. Meanwhile consultations continue between the Division of Human
Rights and the Permanent Mission of the Host Government with regard
to various arrangements. When these arrangements have been satis-
factorily settled and the Agreement has been signed, a basic memo-
randum setting out the background, purpose and organizational
framework of the seminar is prepared for the information of poten-
tial participants.
21. Invitations are then issued. In the case of world-wide
seminars, 32 governments in addition to the Host Government are
invited on the basis of the geographical distribution of countries
in the Commission on Human Rights : Western European States and
others - 8 ; Eastern European States - 4 ; Asian States - 6 ;
African States - 8 ; Latin American States - 6. For regional semi-
nars all Member States of the region concerned are invited.
22. The Secretary-General customarily invites a Government se-
lected in consultation with the Host country to nominate a partici-
pant and up to two or three alternate participants to attend the
seminar. The Host Government is invited to nominate up to five
participants, five alternates and observers as it may see fit.
The Governments of other Member States of the United Nations may
nominate observers to attend the seminar if they wish to do so.
Participants, although nominated by Governments, attend the seminar
in their personal capacity at the invitation of the Secretary-
General and subject to confirmation by him and do not speak on be-
half of their Government. In certain cases Host Governments may
invite other personalities to attend seminars as their guests.
23. The Secretary-General writes to Specialized Agencies which
have an interest in the subject of the seminar, invited them to be
represented. Similarly, the United Nations Institute for Training
and Research is usually invited to designate a representative.
24. The Secretary-General invites the following regional inter-
governmental organizations to nominate observers - the Council of
Europe, the League of Arab States, the Organization of African Unity
and the Organization of American States. He also invites non-
governmental organizations in.consultative status with the Economic
and Social Council whose aims and purposes are related to the
seminar topic to nominate observers.

97
25. Two or three expert consultants are invited by the United
Nations to prepare basic background papers to elucidate the.topics
on the agenda of the seminar and to highlight pertinent problems
with a view to stimulating discussion at the seminar. Often, the
Host Government will be asked to propose the name of one of their
expert consultants. All are chosen with a view to ensuring that
the background documentation is of a highly scholarly level and re-
flects the various conceptual approaches to the subject-matter of
the seminar. These papers, usually of 20 to 30 pages in length,
are translated into the other languages to be used at the seminar.
They are reproduced and sent to those who will attend the seminar
in advance of the opening date.
26. Nominations of participants are accompanied by brief curri-
cula vitae. Äs the nominations are received from Governments, the
Secretary-General confirms the participants and extends a formal
invitation to them to attend the seminar as their country's parti-
cipants .
27. When writing to each participant, the Director of the Division
of Human Rights invites him to write in one of the seminar's work-
ing languages a paper dealing with the seminar's topic from the
point of view of the situation in his country. These working papers,
which are of a 10 to 20 page length, as suggested, are reproduced
and circulated in the original language, if possible in advance
of the seminar.
28. Discussions at seminars are conducted in an informal manner.
No votes are taken, no resolutions are adopted. There are no of-
ficial records of the discussion. Experience has shown that this
results in a frank, friendly and constructive exchange of opinions
and experience, intellectually satisfying to all who attend.
29. The report of the seminar, which is adopted at the last meet-
ing, reflects the points of view expressed and summarizes the dis-
cussion. The report may also include conclusions and recommendations
if a consensus is achieved among participants as to their substance
and formulation. The report, reproduced in the final form by the
United Nations, is published in the S T / T A O / H R . . . series. A copy
of this report is forwarded in due course to each person who.attended
the seminar in an official capacity. The Secretary-General brings
the report to the attention of competent United Nations organs
(e.g. Commission on Human Rights, Economic and Social Council,
General Assembly) in connection with their consideration of cor-
responding items in order that account may be taken of the work of
the seminar. The reports of seminars have been considered by repre-
sentatives of Member States as helpful background material for sub-
stantive decisions.
30. Until July 1978, 15 international and 33 regional human rights
seminars had been organized (see Annex I ) .

B. Regional training courses

31. In Resolution 959 (XXXVI) of 12 July 1963, the Economic and

Social Council requested the Secretary-General to consider the or-
ganization on an experimental basis of one or more regional courses
in human rights. The holding of a training course was assigned to
that category of the advisory services programme which could be put
into operation only if funds became available through savings in
the implementation of the operating programme. In the years from
1964 to 1971 no such funds were available.

98
32. Economic and Social Council Resolution 1125 (XLI) of 26 June
1966 requested the Secretary-General to utilize some fellowship
funds for a pilot project in group training. Accordingly in 1967
and 1968 pilot projects in group training for human rights fellows
had been respectively organized in Japan and Poland. The first
pilot project in group training was organized at UNAFEI in coopera-
tion with the Government of Japan from 15 June - 26 July 1967,
with participants from the Asia and Far East region, and was con-
cerned with human rights in the administration of justice and human
rights and penal sanctions. The second project in group training,
organized in cooperation with the Government of Poland, was held
from 8 July to 3 August 1968, for human rights fellows from the
French-speaking countries of Africa, and dealt with the realization
of the rights of the child in planning and administration at the
national and local levels.
33. In its Resolution 17 (XXIII) of 1967, the Commission on
Human Rights requested the Secretary-General to consider'the organi-
zation, from 1969 onwards, of one or more regional training courses
in human rights. So far three regional training courses have been
organized on the subject "Human Rights in the Administration of
Criminal Justice". The first one was held in Japan from 14 August
to 13 September 1972 at the United Nations Asia and Far East In-
stitute for the Prevention of Crime and Treatment of Offenders, at
Fuchu, for participants from English-speaking countries in Africa
which are members of the Economic Commission for Africa as well as
for participants from the Asian and Far East region. The second
training course was held at the National Centre for Social and
Criminological Research in Cairo, Egypt, from 18 June to 7 July
1973, for participants or nationals from African countries who are
members of the Economic Commission for Africa and from Arabic-
speaking countries outside Africa. The third was held in San José,
Costa Rica from 24 November to 12 December 1975 for participants
of member countries of the Economic Commission for Latin America.
The fourth was organized at the invitation of the Government of
Australia, and took place at the Australian Institute of Criminology
in Canberra, from 29 November to 17 December 1976, for participants
of member countries of the Economic and Social Commission for Asia
and the Pacific. At the invitation of the Government of Japan, a
training course was held at the United Nations Asia and Far East
Institute for the Prevention of Crime and Treatment of Offenders
at Fuchu, Tokyo, Japan from 5 to 22 December 1977 on the subject
"Safeguards against deprivation of the right to liberty and security
of person". The training course was attended by 24 participants
nominated by the Governments of the following Member States of the
Economic and Social Commission for Asia and the Pacific : Afghanis-
tan, Bangladesh (2 participants), Fiji, India, Indonesia, Iran (2
participants), Japan (6 participants), Nepal, New Zealand, Papua
New Guinea, Philippines, Republic of Korea, Singapore (2 partici-
pants) , Sri Lanka, Thailand, Tonga. The training course consisted
of lectures, seminars and group discussions. The discussion con-
centrated on the following topics : how to implement at the nation-
al level the standards contained in the various relevant interna-
ional instruments ; how to prevent arbitrary arrest and detention
and other improper means of criminal investigation ; how to
guarantee the procedural rights of the accused ; how to develop
equitable sentencing policies and standards ; and how to protect the
fundamental rights of persons in prisons and other institutions.

99
34. The common objective of these courses was to familiarize
senior and experienced officials, responsible for various aspects
of the administration of criminal justice, with the relevant legis-
lation and administrative procedures as these affect human rights
and to provide an opportunity for the exchange of views on the law
and practice relating to the protection of human rights in criminal
procedures in the host country.
35. The programmes have been devoted to lectures by experts and
officials provided by the United Nations and the Host Government,
followed by discussions amongst participants guided by the experts.
Visits have been arranged to local institutions such as police
headquarters, courts, prisons and other facilities relevant to the
questions relating to the protection of human rights in -the ad-
ministration of criminal justice. The programmes have been drawn,
up by the Host Government in each case in consultation with the
Division of Human Rights of the United Nations.
36. As regards qualifications of candidates, participants have
been persons who occupy positions as judges, public prosecutors,
police officials and jurists and members of the Bar of .their
countries, who would therefore be in a position to influence and
implement policies and programmes in related human rights matters
in their respective countries on their return home.

C. Fellowships

37. United Nations fellowships are not, primarily, awarded for

the pursuit of academic studies leading to degrees or diplomas.
They are intended to give persons entrusted with functions important
to the promotion and protection of human rights in their countries
the opportunity to broaden their professional knowledge and experi-
ence by acquainting themselves with advanced methods and techniques
in this field. A particular training programme may include attend-
ance at an academic institution where a holder of a fellowship may
be called upon to qualify for a specific professional diploma ;
however the main purpose of a fellowship is to enable the holder
to derive from his training the knowledge and professional compet-
ence which will help him to increase his ability to help solve prac-
tical problems of human rights upon his return home.
38. Under the terms of General Assembly Resolution 926 (X),
human rights fellowships are available to qualified candidates nomi-
nated by Member States who are planning to study any subject in
the field of human rights which is of concern to the United Nations
(as defined in United Nations covenants, declarations and resolu-
tions with regard to universal respect of human rights and funda-
mental freedoms) provided, however, that the subject is not one that
falls within the scope of other existing technical assistance pro-
grammes or one for which adequate advisory assistance is available
through a Specialized Agency.
39. Human rights fellowships are awarded for a relatively short
period of time. Most awards last from two to three months. This
brief duration is necessitated by various factors. In many cases-,
Governments cannot dispense with the services of fellows holding
posts of importance for a longer period of time. Budgetary limita-
tions and the extent of facilities offered by Host Governments are
also relevant factors.
40. In the selection of candidates, preference is given to per-
sons having direct responsibilities in the field of implementation

100
of human rights in their respective countries. Other factors which
also influence the distribution of awards are : (a) the greater needs
of developing countries ; (b) the desirability of granting fellow-
ships to Governments nominating for the first time or whose nationa-
lity benefits little from the programme ;' (c) overall geographical
distribution of awards ; (d) the financial resources available in
the light of other demands of the advisory services programme ; and
(e) the relevance to current national developments in the home
countries of the applicants.
41. In establishing international programmes the following ele-
ments are borne in mind : (a) the relationship between legal systems
and institutions to those of the fellow's own country ; (b) language
considerations ; (c) possibilities of reducing costs by arranging
for placement within the same geographic area ; (d) possibility of
arranging for placement of fellows in economically less developed
countries with interesting human rights developments.
42. While training abroad fellows are, in principle, under the
general supervision of the Division of Human Rights, OTC and local
United Nations agencies (UNDP, Information Centres ) ; but in each
host country, a governmental or semi-governmental department or
agency, or a university or some other appropriate academic institu-
tion agrees beforehand to be responsible for the direct supervision
of the training programme.
43. To enable the Division of Human Rights and other United Nations
agencies to follow the progress of a fellow's.study abroad, he is
requested at the end of the first month to.submit a brief account
indicating the concrete aspects of the problem which he will select
for specific study and of the progress thus achieved including in-
formation on any difficulties which he may have encountered during
that period.
44. At the conclusion of the training programme and before re-
turning home, fellows must submit a final report to the Division of
Human Rights and the Fellowship Section of the Office of Technical
Cooperation. The contents of these reports vary considerably and
do not include information on how the.report or the fellowship ex-
perience is subsequently used either by the fellows or by their
Governments. The latter information is obtained from the answers to
the post-fellowship questionnaire which all recipients are asked
through the Office of Technical Cooperation to complete following
their return to their respective home countries.
45. The final reports of the fellows and the completed post-
fellowship questionnaires are forwarded by the Office of Technical
Cooperation to the Division of Human Rights for comments. These
comments include observations on the programme which had been planned,
on the fellow's behalf, the use he made of these facilities and his
conclusions as to the relevance of the experience gained from his
award to the situation in his own country.

Types of fellowships

46. Most of the candidates nominated by Governments and awarded

fellowships have been government officials of a high standing, rang-
ing from 25 to 50 years of age. Among the recipients òf the awards
have been judges, prosecutors, senior police officials, instructors
at police academies, officials responsible for drafting legislation,
officials of national development boards, officials of ministries

101
 of justice, interior, labour and social affairs ; members of legis-
latures, officials of national non-governmental organizations,
members of the bar and university teachers.
47. As regards the areas of study or training to be undertaken,
the majority of requests for awards of human rights fellowships
have related to national activities and projects concerned with the
improvement of existing judiciary or administrative procedures,
the drafting of new legislation, the modification of existing laws,
or the observation in other countries of the experience gained
from the establishment of new institutions and the application of
new techniques of promotion and protection of human rights. The
requests may then be classified as follows : (a) for study and ob-
servation of comparable procedures abroad ; (b) for on-the-spot
comparative analysis of legislation ; and (c) for on-the-spot ob-
servation of the working of a technique or institution which is
being examined from the standpoint of adoption or adaptation in
the fellow's own country.
48. The greatest number of requests received have been for study
and observation of existing procedures of various facets of the ad-
ministration of justice. Thus, Governments have at times requested
that their prosecutors, judges and officials of ministries of
justice be given the opportunity to observe abroad such matters as
the use of writs of habeas corpus, techniques for ensuring the right
of the accused to a speedy trial, protection of human rights in the
preliminary investigation of criminal offences, methods of inter-
rogation of suspected or accused persons and their right to com-
municate with lawyers, family members and friends. The protection
of human rights in preliminary investigations and pre-trial and pre-
sentence proceedings and the role of the police and that of the
public prosecutor in the protection of human rights are particular-
ly favoured areas for comparative observation. Another subject in
the area of the administration of justice which continues to be in
great demand has been the human rights of convicted and released
offenders and of.their families.
49. At least about 10 per cent of the total requests received.in-
cluded awards which had been granted for the study of human rights
questions which affect children and family including juvenile de-
linquency, the administration of justice in family and children's
courts, adoption, maintenance and reconciliation of estranged
spouses and the responsibility of society for the welfare of children
deprived of normal home life and children of minority groups.
50. As to the second type of fellowship which involves on-the-spot
comparative analysis related to the drafting or modification of
legislation in the candidate's own country, Governments have often
proposed members of their legislatures, sometimes members of com-
mittees charged with.legislative reform, as well as officials of
ministries of justice at the policy level and government draftsmen
who are responsible for drawing up the laws and corresponding regu-
lations. The protection of human rights of certain minority groups,
including refugees, new immigrants and resident aliens, were among
the selected subjects for this type of fellowship. Another popular
subject in this category is the question of measures, designed to
advance the observance of human rights of indigenous populations.
51. Discussion in the Commission and in human rights seminars
organized under the advisory services programme have also stimulated
interest in legislative revisions in such areas as family law, the
rights of a child and the status of women in family law, and the

102
implementation of the economic and social rights embodied in the
Universal Declaration of Human Rights. Since 1972 increasing in-
terest was shown in the effets of the advancement of science and
technology on human rights. Two awards were granted in 1974 for
the study of questions relating to the protection of a person's
privacy from arbitrary and unlawful interference as provided for in
article 12 of the Universal Declaration of Human Rights.
52. For the third type of fellowship, Governments have nominated
judges, prosecutors, police officials and other governmental offi-
cials to observe the detailed working of judicial and other remedies
against the abuse of administrative authority, including the opera-
tion of conseils d'état, administrative tribunals and the role of
ombudsmen.
53. It has sometimes proved possible for fellows to profit from
the combination of observation and the actual attendance at an intern-
national meeting or conference which discussed matters relating to
human rights.

Placement of fellows

54. Request for placement of a fellow is addressed to the proposed

host country through the official channels of communication desig-
nation by the Government (e.g. the British Council in the United
Kingdom and l'Agence pour la coopération technique,industrielle et
économique in France). These agencies accept responsibility for
contacting national institutions capable of providing the training
facilities required.
55. Difficulties encountered in the placement of prospective
fellows sometimes necessitate certain variations in the application
of the established fellowship procedures. The provision of observa-
tion facilities in such complex and specialized areas of government
activity as legislative drafting, judicial systems and the adminis-
tration of justice, have posed a number of problems for placement
agencies of Host Governments, which have no established machinery
to handle requests for programmes of this nature. Some placement
agencies of Host Governments however issue information on a regular
basis concerning facilities for observation and training available
in their respective countries. This material, which greatly faci-
litates planning programmes for all fellowships, is of particular
value in the human rights fields. Where this information is not
readily available, each programme has had to be worked out on an
ad hoc basis requiring continuous consultation with placement agen-
cies. As a rule placements in more than two or three host countries
are discouraged since often they may lead to duplication in the pro-
gramme established and to a superficial type of training.
56. A number of host countries have observed that it might be
more economical and easier for them to arrange placement in small
groups rather than individual placements scattered over a period.
Officials of the Ministries concerned often do not have the possi-
bility to spare the necessary time for the supervision of individual
fellows at different times of the year and have had to reject re-
quests which otherwise could have been accommodated if they were
grouped within a specific period of the year. Unfortunately, for
administrative reasons, it has not proved feasible to attempt joint
placement for fellows from different countries ; difficulties in
synchronizing awards often offset the possible advantages, although
joint placements for group fellowships have been both useful and

103
practical for fellows from the same country. Attention will be
given however to the possibility of arranging for some form of group
placement or training in areas of intensified demand.

Follow-up of fellowships

57. The main sources of information available to the United

Nations to enable it to evaluate the use being made of the studies
and observations carried out by fellows, are the final reports of
the fellows and the follow-up questionnaires which they complete
at the end of their study or training periods.
58. In the final fellowship reports, fellows usually summarize
the course of study followed and the benefits derived. They some-
times include observations on the relevance or otherwise of the in-
stitutions, procedures and techniques covered by the course in
comparative relation to the fellow's own country. At times, final
reports contain a number of proposals which the fellows intend to
suggest to their own authorities on their return home.
59. Most of those who benefited from the programme have indicated
that they found it "interesting and useful", that it "provided a
degree of specialization", and "useful broadening of professional
experience". Another benefit of the programme which many of the
fellows mentioned in the replies to the post-questionnaire is the
opportunity given to them to establish and maintain contacts with
professionals abroad in their respective fields of interest. A
number of fellows commented that the duration of the fellowship was
too short. What may be stated as an important indication that the
fellowships have proved useful is the continued demand for such
awards from Member States at all stages of development, in the high
level of the candidates proposed and in the improved quality of the
applications received.

Concluding Observations

60. The value of seminars that have been organized under the
programme of advisory services has been noted in a number of resolu-
tions of the General Assembly and of the Commission itself. For
example, the General Assembly acknowledged the important role of
regional and international seminars for the protection of human
rights. It has also expressed the hope that the united Nations, in
cooperation with Governments, will continue to promote its activi-
ties in this field.
61. Various bodies of the United Nations.continue to request
that seminars on particular topics should be organized under the
programme. For instance, the General Assembly, in Resolutions 2060
(XX) and 3053 (XXVIII), requested the organization of seminars on
apartheid and racial discrimination. The Economic and Social Coun-
cil in Resolution 1232 (XLII) requested the Secretary-General to
proceed to organize seminars on measures and techniques which have
proved effective in the eradication of slavery and the slave trade.
The Commission, in Resolution 11 (XXVII), expressed the hope that
further seminars on the role of youth in the promotion and protec-
tion of human rights would be organized. The Sub-Commission on the
Prevention of Discrimination and protection of Minorities, at its
twenty-seventh session, requested the Secretary-General to organize
a seminar on the human rights of migrant workers.

104
62. With reference to the training courses so far organized an
evaluation of their benefits may be illustrated by the following
extract from the report of the 1973 course held in Cairo :
"Taken as a whole, however, the participants considered
the training course to have been a success in itself and a
most useful method for transmitting ideas and methods
for improving the observance of human rights both in
the administration of criminal justice and in other areas
"in the broad field of human rights. As evidence of their
satisfaction several participants voiced their determi-
nation to organize similar courses at the national level
on their return home ; others expressed interest in the
possibility of organizing courses on regional or sub-
regional level with United Nations help for participants
from other countries, as they observed that this would
provide an opportunity to organize in-service training
for their own personnel, who could at the same time
benefit from the ideas and experience of participants
from other countries in the region with similar cultural
and historical developments".
63. The high calibre of candidates nominated by Governments for
the awards of fellowships and for participation in the training
courses under the programme is indicative of the importance at-
tached to the awards and courses. It is most encouraging to note
the considerable increase in the number of applications that are
received annually for consideration since the start of the awards
and also the fact that some fellows have expressed the wish to
enjoy a second tenure of award or an extension of the duration of
their awards. It is significant that the areas of study or train-
ing which are being sought relate to a diversity of human rights
topics of practical application in the respective countries. In
line with the intent of the General Assembly, developing countries
have shown a growing interest in the fellowship and training
courses and their nationals have benefited from it.

105
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111
 Annex II

Partial List of Areas of Study for Recent

Human Rights Fellowship Awards

Protection of human rights in a multinational society

Measures to safeguard the human rights of refugees
Measures designed to advance the observance of the human rights of
the indigenous population, with particular reference to matters
concerning the sedentarization of nomads
Protection of the human rights of immigrants and resident aliens
Advancement of human rights in the formulation and implementation
of economic and social legislation
Implementation of the economic and social rights contained in the
Universal Declaration of Human Rights
Protection of human rights in the drafting and implementation of
legislation, with special reference to methods of implementation
at the national level of international conventions on human rights
with regard to both law and practice
Judicial organization and administration in relation to the pro-
tection of human rights
Protection of human rights in the administration of justice
Protection of human rights in the administration of justice, with
special reference to periods of emergency
Role of the police in the protection of human rights, with parti-
cular reference to the special needs of new immigrants and of
groups of varying ethnic origins
Legal aid and legal advice provisions in civil and criminal courts
Protection of human rights in preliminary investigations and pre-
trial proceedings, with special emphasis on legal representation
Right of the accused to a speedy trial
Protection of the human rights of convicted and released offenders
and of their families
The use of the writ of habeas corpus in the protection of human
rights
Judicial and other remedies against the abuse of administrative
authority

112
Role of the ombudsman and related institutions in relation to the
protection of the rights of the citizen
Protection of human rights in criminal procedure
Protection of human rights in criminal procedure, with particular
emphasis on the treatment and rehabilitation of criminal offenders
in need of psychiatric care r
The role of the public prosecutor in the protection of human rights
with reference to the protection of human rights in criminal pro-
cedure
Human environment and human rights
Protection of human rights in armed conflicts
Human rights and scientific and technological developments
Protection of human rights in the administration of justice with
special reference to civil law and procedure
The protection of human rights in developing countries
Education of youth in the respect for human rights
Protection of rights relating to individual ownership or property
The role of the police in the protection of human rights
Participation in local administration as a means of promoting
human rights
Human rights and the promotion of freedom of information
Protection of human rights in the solution of labour disputes
The use of the writ of certiorari as a means of protecting human
rights
Protection of human rights of the disabled through rehabilitation
and legislation
Methods of taking due account of the requirements in respect of
human rights in the formulation of legislation and government
decrees and regulations
Rights of the child, with particular reference to the protection
of the rights of children placed for adoption and of children born
out of wedlock
Protection of the rights of the child, with particular reference
to the administration of justice in children's courts and to the
implementation of legislation concerning minors •
Judicial organization and administration in relation to the pro-
tection of human rights, with particular reference to the protection
of human rights in the administration of justice in family courts
Protection of the rights of the child, with special reference to
the responsibility of society for the welfare of children deprived
of normal home life, juvenile delinquents and children of minority
groups

113
2. The dissemination of international humanitarian law In general,
with special emphasis on its teaching in universities

Report prepared by
the International Committee of the Red Cross (ICRC)

1. Introduction

The teaching of international humanitarian law in universities can-

not be adequately discussed without examining the matter within
the framework of its general dissemination. The Geneva Conventions
and the Protocols impose an obligation on the signatory States to
disseminate knowledge of their provisions to the fullest extent
possible among members of the armed forces and civilians. Insofar
that a State has some influence, whether direct or indirect, on
the instruction given in its universities, this obligation will
have an impact also on that instruction.
"International humanitarian law", within the meaning of the
Geneva Conventions and, in particular, the Protocols additional to
those Conventions, should be understood not only to be in its strict
sense the "Law of Geneva", but also in a wider sense a part of the
law of war, including that part known as the "Law of the Hague".
Since the First Geneva Convention of 1864 and, later, the Hague
Conventions of 1899 (revised in 1907), each of those two branches
of the law of war has pervaded the other. The inclusion of the
status of prisoner of war in the 1929 Geneva Convention ; the in-
troduction of protection of civilians in occupied territories into
the Fourth Geneva Convention of 1949 ; and above all the numerous
provisions of the 1977 Protocols (not yet in force, but no doubt
very soon will be) which not only ensure for civilians a minimum
of protection against the dangers of indiscriminate warfare but
also lay down a number of rules for the conduct of hostilities :
all these measures have tended to blur the distinction between
the "Law of Geneva" and the "Law of the Hague". If to these are
added the international community's recent efforts to restrict
the use of weapons that cause unnecessary suffering, in keeping
with the St. Petersburg Declaration of 1864 (which banned the em-
ployment of explosive bullets) and the Geneva Protocol of 1925
(which prohibited the use of asphyxiating gases and bacteriological
and similar methods of warfare), it will be readily perceived that
the dissemination of knowledge of international humanitarian law
ought today to refer to that part of the law laying down rules for
the conduct of hostilities and for reducing the suffering they
might cause, and also to that other part of the law which is
designed to protect military persons placed hors de combat and
persons who do not take part in the hostilities. The teaching of
these subjects in the universities should therefore form part of

115
a general effort of dissemination of knowledge of international
humanitarian law to which all the States signatories to the
Geneva Conventions have subscribed. It is in the light of the
above considerations that the present report has been written.

2. Dissemination of knowledge of international humanitarian law

2.1. Obligations of States : Under articles 47 (I), 48 (II), 127

(III) and 144 (IV) of the four Geneva Conventions of 1949,
the States have an obligation in time of peace as in time of
war to disseminate the text of the Conventions as widely as
possible in their respective countries, and, in particular,
to include the study thereof in their programmes of military
and, if possible, civil instruction, so that the principles
thereof may become known to the entire population.
This obligation was reaffirmed and even extended in the
Protocol additional to the Geneva Conventions of 12 August
1949, and relating to the Protection of Victims of Inter-
national Armed Conflicts (Protocol I) which states in article
83 the following :
"a. The High Contracting Parties undertake, in time of peace
as in time of armed conflict, to disseminate the Con-
ventions and this Protocol as widely as possible in their
respective countries and, in particular, to include the
study thereof in their programmes of military instruction
and to encourage the study thereof by the civilian popu-
lation, so that those instruments may become known to
the armed forces and to the civilian population,
"b. Any military or civilian authorities who, in time of
armed conflict, assume responsibilities in respect of
the application of the Conventions and this Protocol
shall be fully acquainted with the text thereof".
As regards non-international armed conflicts, article 19 of
Protocol II additional to the Geneva Conventions says that
the Protocol shall be disseminated as widely as possible.
Resolution 21 adopted by the Diplomatic Conference on the
Reaffirmation and Development of International Humanitarian
Law Applicable in Armed Conflicts (1974-1977) invites States
to take all appropriate measures to ensure that knowledge of
international humanitarian law applicable in armed conflicts
is effectively disseminated.
Therefore, it is the States signatories to the Geneva Con-
ventions that have the primary responsibility to disseminate
knowledge of international humanitarian law among the various
sections of the population.
2.2. Scope of the action of dissemination of international humani-
tarian law
a) The provisions referred to above show that the main
agents of dissemination are the States, more particularly
their Ministries of Defence, Education, Public Health and
Foreign Affairs.
But it has been observed from past events that the dis-
semination of international humanitarian law is very im-
perfectly carried out by several States signatories to
the Geneva Conventions. That is why the Red Cross move-
ment has expressed its concern for the spread of the
Geneva Conventions and has adopted a number of resolutions
at International Red Cross Conferences. Those resolutions

116
 in particular resolution 12 adopted by the Twenty-second
International Red Cross Conference, Teheran, November
1973 and resolution 7 adopted by the Twenty-third Inter-
national Red Cross Conference, Bucharest, October 1977,
express the conviction that the ICRC and the National
Red Cross Societies, working in cooperation with the
League of Red Cross Societies have an essential role to
play in this field. The ICRC and the National Red Cross
Societies are consequently agents of dissemination, acting
either directly, by getting in touch with the armed
forces, universities, schools and general public, or in-
directly, by stimulating and assisting the various bodies
concerned to take appropriate action.
In addition, a number of specialized organizations,
notably the Henry Dunant Institute, the International
Institute of Humanitarian Law at San Remo and the Inter-
national Institute of Human Rights at Strasbourg also
contribute to the development of the teaching of inter-
national humanitarian law at university level,
b) In conformity with the above-mentioned provisions, the
sections of the population to be reached by tha work of
dissemination are, first of all, the armed forces, then
the medical and paramedical services, the diplomatic
corps, the universities, the secondary and primary schools,
and finally members of the general public.
The effort of dissemination must, directly or indirectly,
involve the entire population.
Role of the ICRC and Red Cross

Under article 6, paragraph 7, of the Statutes of the Inter-

national Red Cross, the ICRC "works for the continual improve-
ment and diffusion of the Geneva Conventions".
The ICRC's responsibilities in the sphere of dissemination
were laid down, in particular, by :
- resolution 12 of the Twenty-second International Red Cross
Conference, Teheran 1973, which says that the ICRC should
"support the efforts of Governments and National Societies
in their dissemination of and instruction in the Geneva
Conventions by :
a) preparing information material suited to the spheres
and areas it is proposed to reach (specialized and
popular publications in various languages, posters,
slides and films),
b) advising National Societies who so wish regarding the
establishment of their plans of action in this field,
c) systematically making the achievements of Governments
and National Societies in the dissemination of, and the
instruction in, the Geneva Conventions known in its re-
ports and publications,
d) itself organizing, or participating in, seminars for
the training of specialists in international humani-
tarian law".
- resolution 21 of the Diplomatic Conference on the Reaffirma-
tion and Development of International Humanitarian Law ap-
plicable in Armed Conflicts, Geneva 1974-1977. It invites
the ICRC to "participate actively in the effort to dis-
seminate knowledge of international humanitarian law by,
inter alia :

117
 a) publishing material that will assist in teaching inter-
national humanitarian law, and circulating appropriate
information for the dissemination of the Geneva Con-
ventions and the Protocols,
b) organizing, on its own initiative or when requested by
Governments or National Societies, seminars and courses
on international humanitarian law, and cooperating for
that purpose with States and appropriate institutions".
The role of National Societies in dissemination is specified,
inter alia, by resolution 7 of the Twenty-third International
Conference of the Red Cross, Bucharest 1977, which states
that National Societies should "intensify their efforts, in
collaboration with their governments, for the dissemination
of knowledge of international humanitarian law and of its
principles as widely as possible among the population and
especially among youth".
The role of the League in the field of dissemination is de-
fined in article 5, paragraph 1 (j) of its Constitution,
which states that a function of the League is to "assist the
ICRC in the promotion and development of international huma-
nitarian law, and collaborate with it in the dissemination
of this law and of the Fundamental Principles of the Red
Cross among the National Societies".
Finally, it should be mentioned that in the teaching of
international humanitarian law at university level, the
Henry Dunant Institute undertakes, either on its own initia-
tive or with an ICRC mandate, to perform certain specific
tasks, including : the organization of seminars, publication
of basic theoretical works and research.
The Red Cross and dissemination
All international humanitarian law dissemination stems from
the firm belief that there is no point in developing, nego-
tiating and ratifying laws if the persons who have to apply
their provisions are not acquainted with them. The dis-
semination of knowledge of international humanitarian law
corresponds in point of fact to the spread of the Red Cross
ideal and for such action to be productive it is important
that it should be conducted by persons deeply convinced of its
utility.
Therefore, the primary principle underlying any dissemination
policy is that such dissenlnation demands the services of men
and women with faith in the value of the Conventions and who
believe that for the Conventions to be efficacious they must
be known.
Besides the human factor, the dissemination of international
humanitarian law must take into account three important re-
quirements :
a) methods and means of communication adapted to the various
persons to whom this work of dissemination is directed,
b) in addition to written diffusion, there should be personal
contacts for the oral transmission of ideas in a two-way
dialogue,
c) in a full dissemination programme, a large place should
be assigned to the contribution of the Red Cross to peace
and to the spirit of peace.
The essence of those principles was stated in the general
conclusions adopted by the first European Red Cross Seminar on
the Dissemination of the Geneva Conventions (Warsaw, March
1977) :
"Although dissemination of knowledge of international humani-
tarian law is a responsibility of governments, it should be
a direct concern of the Red Cross in general and particularly
of each National Society in its own country.
The dissemination of the Red Cross ideals must not be limited
to the Geneva Conventions but should cover Red Cross prin-
ciples and be included within the broad concept of man's res-
ponsibilities to man.. .
Dissemination cannot be dissociated from the propagation of
a spirit of peace by all members of the Red Cross family.
Dissemination should never make war appear "acceptable"."
Putting those principles into practice, the ICRC has under-
taken inter alia the following activities :• •
- Jointly with the various National Societies concerned, it
organizes regional seminars with the aim of determining
what methods of dissemination are most appropriate for a
particular social and cultural background. In this context,
it has organized in Warsaw,a European seminar (1977) and in
Mombasa an English-speaking African seminar (1978). It
is currently preparing in Kuala Lumpur an Asian seminar
(1978), in Tunis a French-speaking seminar (1979) and in
Amman a seminar for Arab countries in the Middle East (1979).
- It periodically invites trainees (students,-'.teachers, of-
ficers of the armed forces and National Red. Cross Society
officials) from all over the world, who wi'sh_ to increase
their knowledge of international humanitarian l.áw.
- It issues audio-visual material for the dissemination of
the principles of the Red Cross and of the Geneva Con-
ventions .
- It publishes basic works on international humanitarian law.
Activities of other institutions
A number of other institutions in addition to the Red Cross
and governments contribute to the dissemination of knowledge
of international humanitarian law.
- The International Institute of Human Rights at Strasbourg
has introduced, in the seminars which it organizes every
year, courses on international humanitarian law.
- The International Institute of Humanitarian Law at San Remo
organizes for senior army officers periodical round table
meetings on international humanitarian law and it publishes
works on this subject.
- The Henry Dunant Institute also organizes seminars and pub-
lishes books on international humanitarian law.
- Unesco is preparing, together with the Henry. Dunant Institute,
the publication of a handbook on the teaching of advanced
international humanitarian law and is considering setting
up regional university centres for the teaching of humani-
tarian law.
Summary of the present condition of dissemination in the
world (excluding universities)
During the last few years, the ICRC has carried out a number
of surveys of the dissenination of international humanitarian
law in the world. Excluding those surveys concerning uni-
versities (this question being considered under section 3
below) the ICRC has sent :
a) on 15 August 1972 to the governments of all States parties
to the Geneva Conventions, a memorandum inviting them to
send to the ICRC a report, with the Twenty-second Inter-

119
 national Red Cross Conference in view, on the measures
taken in their countries to ensure the dissemination of
knowledge of the Geneva Conventions. This memorandum was
sent, too, to all National Red Cross Societies. On the
basis of the replies to the questionnaire sent with the
memorandum, the ICRC drafted a report on the dissemination
of the Geneva Conventions in the world. The report was
submitted to the Twenty-second. International Red Cross
Conference in Teheran in November 1973.
b) in October 1975 to all National Societies, a questionnaire
on the dissemination of knowledge of the Geneva Conven-
tions in each of their respective countries.
c) in December 1976 to the governments of all States parties
to the Geneva Conventions, a memorandum inviting them to
send to the ICRC a report, with the Twenty-third Inter-
national Red Cross Conference ,in view, on the measures
taken in their countries to ensure the dissemination of
the Geneva Conventions. On the basis of the replies it
received, the ICRC drafted a further report on the dis-
semination of the Geneva Conventions in the world. The
report was submitted to the Twenty-third International
Red Cross Conference in Bucharest in October 1977.
To sum up, these surveys showed that in general the govern-
ments directed their efforts most of all towards dissemination
among members of the armed forces, an activity which is in
fact the top priority where dissemination of knowledge of
international humanitarian law is concerned.
In several countries senior officers have specialized in the
teaching of international humanitarian law to members of the
armed forces. Many countries have also issued publications
for the teaching of the principles of the Geneva Conventions
to officers and other ranks. In some countries, inter-
ministerial committees have been set up to promote the dis-
semination of knowledge of international humanitarian law,
and in most cases these committees work in cooperation with
the National Red Cross Society.
As regards National Societies, their work has been generally
focussed on the young. Many Societies have organized courses
in schools or at youth meetings on the principles of the Red
Cross and the Geneva Conventions. Several have also pub-
lished material aimed at young people (illustrated brochures,
slides, posters).
All these surveys have constituted the basis for a.table
showing for each country the principal measures taken by
National Societies and governments to disseminate knowledge
of the principles of the Red Cross and the Geneva Conventions.
The table, containing the very latest data available, will be
circulated at the Vienna Conference.

3. The teaching of international humanitarian law in universities

3.1. Characteristics of the teaching of international humanitarian

law in universities
The teaching of international humanitarian law in universities
was one of the points examined at the European Red Cross
Seminar on the Dissemination of the Geneva Conventions, held
in Warsaw in March 1977. The following conclusions were
reached by the working group which examined this matter :

120
'1. International humanitarian law has a natural place in the
teaching of international public law. It could also be
taught as part of a course dealing with the principles of
the United Nations Charter, the peaceful settlement of
conflicts and human rights.
2. Whenever the university system permits, it would be de-
sirable for the teaching of international humanitarian law
to constitute part of the regular programme of study and
examination, particularly in faculties of law and poli-
tical science, or even in military academies and faculties
of medicine and the social sciences.
3. So far as possible, specialized courses in international
humanitarian law should also be organized at the Masters
level, particularly in faculties of law and political
science."
Present position of the teaching of international humanitarian
law in universities
During the last few years the ICRC has endeavoured to de-
termine what progress is being made in the teaching of inter-
national humanitarian law in universities. Since 1971, it
has carried out the following surveys :
a) 30 March 1971 : a questionnaire was sent to all National
Societies on the teaching of international humanitarian
law in universities ; each Society was requested to dis-
tribute the questionnaire to all its country's universi-
ties and return the replies to the ICRC.
b) 20 January 1972 : a reminder regarding the questionnaire
on the universities was sent to all National Societies,
together with an outline of a course on International
humanitarian law.
c) June 1976 : a memorandum-questionnaire on the dissemina-
tion of the Geneva Conventions was handed to all govern-
ment delegations at the third session of the Diplomatic
Conference on Humanitarian Law.
These surveys revealed that at the present moment interna-
tional humanitarian law was hardly ever included in the syl-
labus as a compulsory subject and that, in most cases, only a
very few hours were devoted to its teaching, generally as a
part of a course on public international lav; or political
science. Moreover, not many university students choose a
theme relating to international humanitarian law for their
thesis.
On the basis of the replies to the above-mentioned question-
naires the ICRC has drawn up a table showing the state of the
teaching of international humanitarian law in the universities
of each country. The table, with the latest data available,
will be distributed in Vienna.

Objectives for 1979-1982

Existing projects
- For the teaching of international humanitarian law at uni-
versity level, Unesco and the Henry Dunant Institute are
preparing the publication of a treatise on international
humanitarian law, to be issued by Unesco and the Henry
Dunant Institute as joint editors.
- The ICRC, jointly with the Polish Red Cross, is organizing a
- European seminar on the teaching of international humanitarian

121
 law in universities. It will be held in Krakow and will be
attended by university teachers who have specialized in
this subject.
- The Henry Dunant Institute is planning for 1979-1982 three
seminars at university level on international humanitarian
law, to be held in different parts of the world. Other
projects of the Institute include a second edition of the
texts of the law of armed conflicts and the index to the
Geneva Conventions and their Additional Protocols.
- The International Institute of Humanitarian Law at San Remo
is hoping to organize every year seminars on international
humanitarian law for advanced students.
Forthcoming publications
1. Commentary to the Protocols
2. Model handbook on the law and customs of war (1907-1977)
3. International Red Cross handbook (jointly with the League)
4. Textbook on the teaching of international humanitarian
law (Unesco/HDI)
5. Combined edition of the Geneva Conventions and the Proto-
cols (showing the articles of the Protocols opposite the
corresponding provisions of the Conventions)
6. Essential rules of the Geneva Conventions and the Proto-
cols.
Projects to be prepared
With the aim of improving its efforts to develop the teaching
of international humanitarian law in universities, the ICRC
is considering drawing up, jointly with the Henry Dunant
Institute, an exhaustive list of the places of higher educa-
tion offering courses on international humanitarian law.
In addition, after the International Congress on the Teaching
of Human Rights organized by Unesco in Vienna in September
1978, the ICRC would like to formulate, in conjunction with
Unesco, constructive proposals for introducing humanitarian
law in courses on other subjects.
 Annex I

Outline of a course on international humanitarian law

We give below the outline of a course on "International Humanitarian

Law" which is being given in Geneva University by Mr. Jean Pictet,
Vice-President of the ICRC, who has given permission for it to be
reproduced.

I. WHAT IS INTERNATIONAL HUMANITARIAN LAW ?

- the Law of War

- the Law of the Hague
- the Law of Geneva
- legislation on Human Rights.

II. MORAL SOURCES

- definitions
- modern humanitärianism .
- justice and charity.

III. THE EVOLUTION OF THE HUMANITARIAN THOUGHT AND PRACTICE OF

STATES

- examples of humanity in ancient times, the Middle Ages and

the modern era
- the influence of philosophical and religious doctrines
- the practices of States and Armies
- the foundation of the Red Cross.

IV. THE PREPARATION AND APPLICATION OF THE GENEVA CONVENTIONS

1. The 1864 Convention and subsequent versions thereof

2. The Maritime Convention
3. The status of prisoners of war
- the IXth Hague Convention of 1899, revised in 1907
- Red Cross work during World War I
- the Diplomatic Conference of 1929 ; the Geneva Con-
vention on the treatment of prisoners of war
4. The protection of civilians
- the Hague Regulations of 1899, revised in 1907, contain-
ing some provisions applicable to civilians
- the post-World War I efforts of the ICRC to conclude a
Convention for the Protection of Civilians

123
 - ICRC efforts during World War II and the application,
by analogy, of prisoner-of-war treatment to civilians in
enemy territory
5. Civil War
- ICRC efforts to protect the victims of civil war, es-
pecially in Spain (1936-1939)
6. The 1949 Conventions
- the need to revise and supplement existing Conventions
- the Diplomatic Conference of 21 April - 12 August 1949
- great progress : the conclusion of the IVth Geneva
Convention and common Article 3 applicable to conflicts
of a non-international nature.
PRINCIPLES OF HUMANITARIAN LAW

1. Basic principles
- the principle of humanity
- the principle of humanitarian law
- the principle of the Law of War
- the principle of the Law of the Hague
- the principle of the Law of Geneva
- the principle of Human Rights
2. Common principles
- the principle of inviolability
- the principle of non-discrimination
- the principle of security
3. Principles specific to the victims of conflicts
- the principle of neutrality
- the principle of normality
- the principle of protection
4. Principles specific to the, Law of War
- the principle of limitation "ratione persónae"
- the principle of limitation "ratione loci"
- the principle of limitation "ratione conditionis"
5. Principles specific to Human Rights
- the principle of freedom
- the principle of social well-being.
THE INTERNATIONAL RED CROSS ORGANIZATION

1. The International Red Cross

- the International Conference of the Red Cross
2. The International Committee of the Red Cross
- its Statutes
- its bases in the 1949 Conventions
- the three sources of authority for ICRC action
- ICRC action
- the limits of such action
- publicity
3. National Red Cross Societies
4. The League of Red Cross Societies : composition, aims, work.
GENERAL PROVISIONS OF THE GENEVA CONVENTIONS

1. The cases in which they are applied

2. Conflicts of a non-international nature
- Article 3 common to the four Conventions
3. Supervision of application
- Protecting Powers
- substitutes for Protecting Powers
4. Sanctions
- responsibility of the State
- double responsibility of State and individual
- obligation to seek and punish
- opening an enquiry into alleged violations of the
Conventions
5. The inalienability of rights
6. The prohibition of reprisals
7. The beginning and end of application
8. Final provisions.

IMPROVING THE LOT OF THE INJURED, SICK AND SHIPWRECKED

(Conventions I and II of 1949)

- protecting the wounded

- protecting medical personnel
- role of relief Societies
- medical training and establishments
- repatriation of members of medical personnel
- medical equipment and transport
- distinctive sign.

THE TREATMENT OF PRISONERS OF WAR (Convention III of 1949)

- categories of persons entitled to be treated as prisoners

of war
- the treatment of prisoners of war
- conditions applicable to captivity
- types of work permitted
- contact between detainees and representatives of the super-
visory bodies
- relations between prisoners and the authorities
- repatriation of the severely wounded and sick
- liberation and repatriation.

PROTECTION OF CIVILIANS (Convention IV of 1949)

- respect for the individual

- limitations to the protection offered to civilians by the
Convention
- the general protection of civilians against certain effects
of war
- the status and treatment of protected persons
- the internment and assigned residence of civilians
- the different ways in which captivity can end
- information offices, the-Central Tracing Agency and relief
societies.

THE LAW OF WAR (THE HAGUE)

- background
- those rules of The Hague Conventions which are still of
value and importance :
- relations between belligerents
- the status of belligerent

125
 - hostilities
- the sanction
- the rights and obligations of neutral persons and powers
- war at sea
- war in the air.

XII. HUMAN RIGHTS

- repression of slavery
- the status of refugees '
- the crime of genocide '
- the Declaration of Human Rights
- the European Convention.

XIII. THE LATEST DEVELOPMENTS IN HUMANITARIAN LAW

With regard to the work carried out to reaffirm and develop

humanitarian law, special attention is paid to the study of :
1. The protection of the wounded and sick
- protection of civilian medical personnel
- protection of the medical mission
- provisions to supplement common Article 3 in this
respect
- security of medical transport, especially medical air-
craft
2. Guerrilla warfare
- distinction between combatants and civilians
- respect for the laws and customs of war
3. Protection of the individual in conflicts not of an
international nature
- provisions supplementing and enlarging on common
Article 3
- protection of the victims of internal disturbances
4. The protection of civilian populations against the dangers
of indiscriminate warfare
- definition of civil population
- refuge zones
- precautions to be taken by belligerents for the bene-
fit of the civilian population
- protection of relief societies, the provision of relief
supples
5. Behaviour of combatants
6. Measures intended to strengthen the application of the law
- the problem of supervising the application of the
Conventions ; Protecting Powers, substitutes and the
ICRC
- strengthening of sanctions to prevent and repress viola-
tions of humanitarian law.

126
 3. Teaching and dissemination of human rights instruments
on the protection of refugees

Report prepared by the Office of the

United Nations High Commissioner for Refugees (UNHCR)

1. Introduction

1.1. The international protection of refugees is one of the most

important tasks of the organized international community. The need
for international protection arises from the fact that the refugee
finds himself in a special situation, without..protection and with-
out any legal status. First of all he cannot benefit from the
national protection which an ordinary alien enjoys. It is there-
fore necessary to substitute for this national protection the inter-
national protection provided by the international community through
its competent bodies. The development and reinforcement of this
concept of international protection - already established by the
League of Nations - constitutes one of the major achievements of
the United Nations. The recognition of basic human rights finds
an expression in the Charter of the United Nations and in the whole
network of legal instruments that aim at promoting social progress
and equality of rights for all human beings, including refugees.
It is evident that'the preparation and adoption of inter-
national instruments providing and defining basic standards for
the protection of refugees is only a first step in the process of
the achievement of fundamental human rights for refugees. It is
also necessary to ensure that these standards are implemented and
translated into effective day-to-day practice through the adoption
of the appropriate national legislation. In this regard, the dis-
semination of basic human rights of refugees by adequate means (in-
formation, publications, education, teaching) at international and
national levels is a very important task which could not only
facilitate but also contribute to the respect and full implementa-
tion of basic human rights as a whole. Many of the activities of
the Office of the UNHCR in the field of the international protection
of refugees are concerned with these problems of implementation.
1.2. The promotion of international instruments on the protection
of refugees is one of the fundamental tasks and functions of the
United Nations High Commissioner for Refugees. Article 8a of the
Statute of the Office of the UNHCR states that the Office is compe-
tent to promote the conclusion and ratification of international
conventions for the protection of refugees and to supervise their
application. Concerning the execution of the Convention relating
to the Statute of Refugees, article 35 of this Convention provides
that the Contracting States shall undertake to cooperate with
UNHCR in the exercise of its functions, and shall, in particular,
facilitate its duty of supervising the application of the provisions

127
of this Convention. In order to enable UNHCR to report to the com-
petent bodies of the United Nations, the Contracting States under-
take to provide it with information concerning the condition of
refugees, implementation of this Convention and laws in force re-
lating to refugees.
From the above-mentioned functions and competencies derives
a very important function for UNHCR in the field of the dissemina-
tion of international instruments on the protection of refugees by
teaching and education, in particular at university level.
1.3. The most important international instruments on refugees
belong to the human rights system, more precisely to the United
Nations human rights system. These instruments are an organic
part of the law of human rights. The Convention relating to the
status of refugees, which is the basic international instrument on
the protection of refugees, contains provisions dealing with the
protection of refugees as well as their fundamental rights and
freedoms, such as the right of movement and residence, owning
property, practising religion, entering into associations, social
security, and education. Since these are almost identical with
the rights enumerated in the Universal Declaration of Human Rights,
it can be argued that the Geneva Convention on refugees undertakes
to invest foreigners residing as refugees in a host country with
the rights and freedoms specified in the Universal Declaration.
In this sense, we may call it the "Convention on Human Rights for
Refugees".
But some of the fundamental rights of refugees are also
included in several international instruments belonging to the
international humanitarian law applicable in armed conflicts, such
as the four Geneva Conventions of 1949 for the protection of
victims of war, and the two Additional Protocols to these Conven- .
tions of 1977, which form the basis of this Law.
It should also be pointed out that some other international
instruments drawn up by international specialized agencies, such
as Unesco, the International Labour Organization (ILO) and the
World Intellectual Property Organization (WPO) contain important
provisions concerning the protection of refugees in different
domains (copyright, industrial property, labour and social security,
education - recognition of diplomas and degrees - etc.).
1.4. The very constructive action and efforts of Unesco in the
field of further promotion and encouragement of human rights and
fundamental freedoms by the teaching of human rights in the world
are fully supported by the Economic and Social Council and other
UN bodies as well as by competent international organizations and
institutions. UNHCR, as a member of the United Nations family and
in conformity with its Statute and Convention relating to Refugees,
takes whatever measures are necessary to give its active support
to action in the field of the promotion and dissemination of fun-
damental human rights, in particular the rights of refugees to pro-
tection, as laid down by the Human Rights and other international
instruments. In this regard, UNHCR is already cooperating with cer-
tain academic institutions working in this field, such as the
International Institute of Human Rights in Strasbourg and the In-
ternational Institute of Humanitarian Law in San Remo, which have
already organized and included in their programmes special meetings
and lectures on the international protection of refugees. UNHCR
will also organize several preliminary meetings in university
centres in Europe, Africa, Latin America and Asia in order to dis-
cuss how to introduce special items on the protection of refugees

128
into general subjects of international law. The organization of
regional meetings on this question will also be discussed.

2. Elaboration of Preliminary Draft Programmes

2.1. A preliminary draft programme on the international human

rights instruments relating to refugees could be prepared, first of
all as part of university courses on human rights, in cooperation
with Unesco,, the appropriate academic institutions and some uni-
versity centres, representing, if possible, the main regions of the
world.
Depending on the general programme on human rights which might
be introduced as a special university subject (in particular in the
Faculties of Law, Economic Sciences, Political Sciences, etc.) or
within international law courses in general or other similar sub-
jects at university level, two kinds of training in the human rights
of refugees could be considered.
2.2. Basic training : this would deal with all the international
aspects of the protection of refugees, priority being given to the
specific aspects of refugee problems at regional levels, in parti-
cular to the developing countries, and to the advanced students at
the faculties of law, political science, international relations.
The following programme could be provided for this basic
training :
General Introduction
(i) Short historical development in respect of the problem
of refugees.
(Chronological account, area by area, of the problems
of refugees faced by the international community,
specifically by UNHCR.)
(ii) Human rights system and the international protection
of refugees.
(Human rights as basis of the protection of refugees'.)
(iii) International humanitarian law and refugees.
(Protection of refugees in armed conflict situations.)
I. Refugees
A. The general concept of refugees.
(Notion, general concept with pragmatic and ideolo-
gical aspects, international protection, categories
of refugees.)
B. The most important elements for a legal definition of
the term "refugee", international and national levels.
(General definition, evolution of the definition in
international law.)
C. Refugees and Displaced Persons.
(Relationship and distinction.)
II. Asylum Institution
A. Asylum and international law.
(General and nature of asylum. Refugee Convention and
asylum, Draft Convention, OAU Convention.)
B. Asylum and the internal law of States.
(Constitutions and other legal texts.)
C. Asylum and human rights instruments.
(Declaration on Territorial Asylum, UN resolutions,
Council of Europe.)
III. Protection of Refugees laid down by human rights in-
struments
A. International instruments of. universal application :

129
 a) Universal Declaration or Human Rights!
b) International Covenant on Civil and Political
Rights.
c) International Covenant on Economic, Social and
Cultural Rights.
d) International Convention on the Elimination of
• All Forms of Racial Discrimination.
e) Convention on the Prevention and Punishment of the
Crime- of Genocide.
f) Convention on the Non-Applicability of Statutory
Limitations to War Crimes and Crimes against
Humanity.
g) Final Act of the International Conference on
Human Rights (Proclamation of Teheran).
B. International instruments relating to refugees :
a) UN General Assembly Declaration on Territorial
Asylum.
b) Covenant relating to the Status of Refugees.
c) Protocol relating to the Status of Refugees.
d) Statute of the Office of the United Nations
High Commissioner for Refugees.
e) Covenant relating to the Status of Stateless
Persons.
f) Covenant on the Reduction of Statelessness.
g) Agreement and Protocol Relating to Refugee
Seamen.
C. International instruments of regional application :
. a) OAU Convention Governing the Specific Aspects
of Refugee Problems in Africa.
b) European Convention for the Protection of
Human Rights and Fundamental Freedoms.
c) American Convention on Human Rights signed at
the Inter-American Specialized Conference on
Human Rights.
d) The Latin American Asylum Conventions.
e) European Agreement on the Abolition of Visas
for Refugees.
IV. Protection of Refugees laid down by the International
Humanitarian Law :
A. Geneva Convention relating to the Protection of
Civilian Persons in Time of War.
B. Additional Protocol to the Geneva Conventions of
12 August 1949 relating to the Protection of Victims
of International Armed Conflicts.
V. International institutions for the protection of refugees
A. Introduction
(Criteria of distinction of institutions, missions
and functions, field of actions, juridical and tech-
nical aspects of institutions.)
B. Intergovernmental institutions
a) United Nations High Commissioner for Refugees
- The functions of the institution
- Criteria for action
- International protection of refugees under
the mandate of UNHCR
- Material assistance to refugees
- Use of good offices by the High Commissioner
- Protection of displaced persons
- The coordination of major humanitarian tasks.

130
 b) United Nations Relief and Works Agency for
Palestine Refugees In the Near East
- The functions of the Agency
- Material assistance to refugees.
C. Non-governmental organizations
a) International Red Cross
- International Committee of the Red Cross
- League of National Red Cross Societies.
b) International Voluntary Organizations.
VI. Basic Human Rights principles on the protection of Refugees
A. What are the basic human rights principles relating
to refugees ?
(Notion, definition, how to determine basic human
rights principles.)
B. Relationship between general principles of interna-
tional law and basic human rights principles relating
to refugees.
C. Basic human rights principles - fundamental humani-
tarian principles on the protection of refugees.
(Minimum humanitarian standards.)
a) Respect of human beings
b) Right to life, liberty and security
c) Granting of Asylum
d) Non-refoulement
e) Limitation of expulsion
f) Economic and Social Rights
g) . Family Unity - Reunification of refugee families.
VII. Further prospects in the development of the international
protection of refugees
A. Towards a special branch of human rights : refugee law.
2.3. General training : Without prejudicing the conceptual unity
of human rights, the general training might be given to all uni-
versity students including persons who follow special university
courses on different subjects. This training could give the general
knowledge in the field of international protection of refugees and
in principle does not insist on legal aspects of this protection.
The following programme could be provided :
General introduction
(i) Short historical development in respect of the problem
of refugees faced by the international community
(ii)Human rights as basis of the protection of refugees.
I. Refugees
A. Notion and definition of the term "refugee"
B. Different categories of refugees
C. Refugees and displaced persons
II. Granting of Asylum
A. Notion and definition of asylum
B. National constitutions and granting of asylum
B. Asylum and international protection of refugees
III. Protection of refugees provided by human rights instru-
ments
A. Basic human rights instruments applicable to the pro-
tection of refugees
B. International instruments relating to the protection
of refugees
C. Regional instruments for the protection of refugees
IV. United Nations and the protection of refugees
A. Role of the United Nations

131
 B. United Nations High Commissioner for Refugees
C. United Nations Relief and Works Agency for Palestine
Refugees in the Near East
V. International Red Cross (and other voluntary organizations)
and the protection of refugees
VI. Minimum humanitarian standards for the protection of re-
fugees

132
 4. Human rights teaching and research
in the Inter-American system

Report prepared by
Professor C A . Dunshee de Abranches,
Vice-chairman of the Inter-American Commission
on Human Rights (IACHR), Organization of American States (OAS),
Washington, D.C.,and Rio de Janeiro State University

The promotion of teaching and research in human rights within the

inter-American system is one of the primary concerns of the Inter-
American Commission on Human Rights. The creation of the Commis-
sion was provided for in a resolution adopted at the Fifth Meeting
of Consultation of Foreign Ministers of the American States in
Santiago, Chile, in 1959. Its Statute was approved by the Council
of the Organization of American States (OAS) in the following year,
and the Commission began to function shortly afterwards as an "auto-
nomous entity" of the OAS.
The Commission's powers and duties in the area of human rights
education are based upon the principles and directives found in its
Statute and in the amended Charter of the Organization of American
States which entered into effect in 1970 and made the Commission an
official organ of that body.
The Organization's concern for human rights education is ex-
pressed in Article 3 (L) of the amended Charter in which the
American States reaffirmed the principle that "the education of
peoples should be directed toward justice, freedom and peace."
The Charter also states, in Article 16, that one of the fundamental
duties of the State is to "respect the rights of the individual and
the principles of universal morality." Under Article 51, these
principles are to be made effective through the various organs of
the OAS, one of which is the Inter-American Commission on Human
Rights.
The principal function of the Commission under the Charter is
"to promote the observance and protection of human rights and to
serve as a consultative organ of the Organization in these matters."
This function is reiterated in Article 150, which charges the Com-
mission "to keep vigilance over the observance of human rights"
until the American Convention on Human Rights enters into force.
Although the Convention has now entered into act, the duty of the
Commission insofar as the promotion of the observance and protection
of human rights, through educational and other means, will remain
unchanged, for its general mandate "to develop an awareness of
human rights among the peoples of America," as expressed in Article
9 of its Statute, was incorporated in Article 41 of the Convention
as one of the functions of the Commission.
At its last period of sessions, the Inter-American Commission
decided to give a new impetus to its endeavours in the field of
human rights education by designating three of its members to

133
serve on a "Committee on the Teaching of Human Rights." Their
efforts will be coordinated by the Executive Secretary of 'the Com-
mission. /
Äs a part of its educational programme, the Commission has
co-sponsored recent seminars on the international protection of
human rights in Venezuela and is co-sponsoring a third to be held
in Chile in November of this year and in Costa Rica next year.
Members of the Commission and its staff have actively participated
in other seminars and conferences held in North and South America
and in Europe, including the annual International Law Courses of
the Inter-Ämerican Juridical Committee in Rio de Janeiro.
Annually, the Commission awards a Rómulo Gallegos Fellowship,
named in honour of its first President, for the research in the
field of human rights in one of the member states of the OAS. One
of our grantees is now an international civil servant, active in
the field of human rights, and another has.since become a professor
of human rights at a recognized school of law.
The members of the Commission, as well as its staff, have con-
tributed many studies to the field. Examples of some of the topics
presented to the Commission by past members are the following :
"Human Rights at the Level of School Children" by Angela Acuna de
Chacón ; "Freedom of Expression, Information and of Investigation,"
by Gonzalo Escudero ; "The Protection of Human Rights in Connection
with the Suspension of Constitutional Guarantees of 'State of Siege'",
by Daniel H. Martins, and "The Right of Petition", by Durward
Sandifer.
The international protection of human rights is a chapter of
the regular programmes of international law in law school in
Argentina, Brazil, Chile, Costa Rica, Colombia, Mexico and Venezuela.
The programmes of the annual International Law Courses of the Inter-
American Juridical Committee of the OAS in Rio de Janeiro (Rua Sena-
dor Vergueiro, 81-2fi andar) and of the Law School of State
University of Rio de Janeiro (Rua Sao Francisco Xavier N a 524) also
include courses and seminars on human rights.
Publications and information can be supplied by request to the
IACHR office (1725 Eye Street N.W., Washington, D.C.) on the follow-
ing subjects :
I. Position of the IACHR in the legal and institutional frame
of the OAS. (Articles 3j, 16, 51, 112 and 150 of the
Charter as amended by the Buenos Aires Protocol, 1967).
II. Promotion and teaching of human rights as an important
part of IACHR functions (article 9 of Statute, 1960 and
article 41 of the Inter-American Convention on Human.Rights
- San Jose, 1969).
III. The Committee on Teaching of Human Rights. Composition,
functions and plan of work for 1978-1979.
IV. Courses on human rights sponsored or supported by IACHR
(Seminars of Caracas and Costa Rica ; Seminars of Rio de
Janeiro, promoted by OAS as part of annual International
Law Courses of the Inter-American Juridical Committee).
V. Research work sponsored by the IACHR - Becas Rómulo
Gallegos include a list of all the recipients and the
titles of the works submitted to the Commission. Angela
Acuna de Chacón award.
VI. The teaching of human rights in Latin American universities.
The international protection of human rights is a chapter of
the regular programmes of international law in law

134
 schools inter alia of Argentina, Brazil, Chile, Costa Rica,
Colombia, Mexico and Venezuela.
VII. The programmes of regular courses in the Rio de Janeiro
State University. Equipment and methods for teaching.
Manual and other publications. Audiovisual materials.
Basic training and specialized training. Exhibition of
documents on human rights. Celebration of the thirtieth
anniversary of the American Declaration of Rights and
Duties of Man (Bogota, 30 April 1948) and the Universal
Declaration of Human Rights (New York, 10 December 1948).

135
 5. Report of the non-governmental organizations seminar
"Content and Methods of Education for Human Rights"

This seminar was convened by the Standing Committee

of International Non-Governmental Organizations
in Consultative Relationship (Categories A and B) with Unesco,
in application of Decision 6 taken by the Sixteenth Conference
of these organizations

I. Introduction

The seminar on "The Content and Methods of Education for Human

Rights" was held at Unesco House, April 11, 12 and 14, 1978. A total
of 59 non-governmental organizations (NGOs) participated.

II. Summary of discussions

Human Rights - universal and indivisible

1. Several speakers made the point that although the Declaration

had been drawn up thirty years ago, it has since been firmly rein-
forced by the texts listed by the Chairman in his opening remarks.
As recently as December 1977, it was endorsed by the full General
Assembly in resolutions 32/123 and 32/130. The Declaration is
truly universal.
2. These resolutions firmly stated that human rights were not
divisible. This followed the entering into force of the two inter-
national Covenants in 1976. The traditional division into civil and
political rights, and economic, social and cultural rights had been
arbitrary. Speakers expressed the conviction that all rights were
important and were part of one totality.

Notes :

(a) Paragraphs 69 to 71 summarize statements by Mr. Karel Vasak,

Director of the Division of Human Rights and Peace, Unesco,
and have been checked with the speaker.
(b) Paragraphs 20 to 68 summarize the general discussion which took
place on 11 and 12 April, and in accordance with the mandate
given by the Seminar, are the responsibility of the
Rapporteurs.
(c) The Conclusions and Recommendations were adopted by a
consensus of the participating NGOs.
!• Discussion during the plenary sessions on Tuesday, April 11 and
on Wednesday, April 12, has been summarized under the main
themes which emerged as the seminar proceeded.

137
Human rights as a basic element in all education

3. There was firm support for the training of specialists in the

field of human rights, so long as this was not an exclusive ap-
proach to the problem. In addition to the training of lawyers,
magistrates and doctors, it was suggested that education on human
rights issues be encouraged in training courses for journalists,
other mass media specialists, civil servants, the police and the
military.
4. But speakers distinguished between simple teaching or in-
struction about human rights, and the concept of education for
(the exercise of and respect for) human rights. Education in its
broadest sense is a process by which learners develop new levels
of understanding and awareness, influencing their actions in human
society and aspiring towards the fulfilment of human personality.
Such a process is applicable at all levels of education - it cannot
be the exclusive domain of any one level.
5. The consensus was that education for human rights should not
be perceived solely in terms of a separate discipline, but should
be the basis for a philosophy which permeated all disciplines and
all teaching. In a sense it is easier to conceive of a separate
subject for which specific materials and texts can be supplied.
But at the earlier levels of schooling, such an approach could too
easily become divorced from reality. Education on human rights is
most likely both to reflect and to influence the real world if it
is tackled at all levels and in all subjects.

The Vienna Congress - programme, scope and impact

6. Many speakers pressed strongly for the scope of the Congress

to be clearly broadened so as to recognize the importance of all
levels of education. Several speakers commented that they were
themselves university teachers, but that they were convinced that
it would be wrong to concentrate the work of the Congress on the
post-secondary level. One noted that this was an instrumentalist
approach to university teaching which could itself threaten academic
independence, if the Congress concentrated on the post-secondary
level, it would be too academic and technical ; it would not be
relevant to the masses at the grass roots.
7. At the level of preschool and early primary education, basic
attitudes are developed, not only through formal teaching, but also
through informal social experiences at school. Children are parti-
cularly vulnerable to the anti-social influences of the mass media.
The rights of children established by the Declaration of the Rights
of the Child should be considered jointly with .the Universal De-
claration.
8. The view that the scope of the Congress should be broadened
was firmly supported by relevant clauses in UN General Assembly re-
solutions 223 and 230, by the Universal Declaration itself and by
Unesco's own "Recommendation concerning Education for International
Understanding, Cooperation and Peace, and Education relating to
Human Rights and Fundamental Freedoms."
9. A proposal which won support from the seminar was that editors
of newspapers throughout the world should be approached to consider
publishing, in full or in summary, the Universal Declaration and
related texts. This could coincide with the Vienna Congress and
would add immeasurably to its impact.

138
10. It was the firm view of the seminar that the Congress would
have the greatest impact if it tackled the issues of education for
human rights at all levels. A congress of 300 to 400 experts could
not hope to resolve complex technical issues in a few days ; indeed,
to focus solely on such issues might weaken its impact. On the other
hand, the Congress would be greatly enhanced by utilizing the anti-
cipated wealth and range of expertise to the maximum extent pos-
sible, working through a number of commissions related to various
levels of education and aspects of the problem. Such an approach
would not only have immediate impact on the press of the world, but
would enable the Congress to have a catalytic effect on education
for human rights in a range of disciplines and levels of education.

The Vienna Congress - participation by NGOs

11. Participation by NGOs should be as broad as possible, since

NGOs represent the base, the "grass roots". NGO observers should
be able to participate actively in the Congress. It was felt that
even though participants would be attending as invited experts, if
they were nominated by States, they might not always have the free-
dom of movement of those who represented the NGOs.
12. With regard to the selection of experts to be invited as full
participants, it was recognized that Unesco would be seeking a wide
range of expertise, including both educators and persons with poli-
tical responsibilities, and a proper representation of different
geographical regions. The importance was also stressed of ensuring
that such a range of expertise be drawn from all levels of formal
and non-formal education ; further, that it reflect various ap-
proaches to the promotion and protection of human rights. The very,
considerable experience of NGOs in human rights education and de-
fence provided a most significant pool of people with relevant ex-
pertise.
.13. Mr. Shelopoutov referred to Mr. Vasak's earlier statement that
Unesco would welcome suggestions from NGOs as to names of people
who could be invited as full participants. National NGOs could, as
was indicated by one speaker, also suggest names to their own
governments and Unesco National Commissions.
14. It was suggested that during the Congress there be an exhibi-
tion of texts and documents produced by both Unesco and NGOs.
15. A suggestion was made that NGO observers attending the Congress
establish contact with participating experts wherever possible, and
in particular should personally hand them copies of the report of
the NGO seminar.

Principles and reality

16. it was noted that there is an apparent paradox in today's

world. There is an increasing tendency to state human rights in
laws and to legislate for their protection, but there is also an
increase in the widespread violation of human rights. The example
was quoted of South Africa, which has an elaborate body of law on
human rights, yet perpetuates grave violations of the rights of the
majority.
17. The statement of human rights principles by governments does
not ensure that human rights are observed ; statement can be a sub-
stitute for observance. It is hoped that the Congress will recog-
nize the simple fact that all is not well, that there is widespread

139
violation of human rights, and that, as one speaker put it : "the
beam is not always in the neighbour's eye".
18. International codifications of the principles of human rights
are themselves the result of consensus. This can give rise to
selectivity both in the observance by governments of human rights in
their own countries, and the criticism by government of violations
in other countries. The firm view of NGOs is that the principles
of human rights form a totality, that their application should not
be selective, and that violations in any form should be opposed.

Promotion and protection of human rights - the role of education

19. There was initially a divergence of views as to the best res-

ponse in the field of education to this dichotomy between codifica-
tion and practice.
20. Some speakers argued strongly that while teaching which in-
creased people's awareness of the substance of human rights was
useful, such teaching became much more acute when it referred to the
infringement of rights. Teaching would have greater impact if based
on specific examples of violations, rather than academic principles
as such. Similarly, it was argued that for out-of-school education
on human rights to be relevant and concrete, it must not only state
the principles, but also give examples of violations which directly
affected people's lives.
21. Other speakers felt that a concentration on infringements was
undesirable in the teaching of children and adolescents. It should
be the role of education at this level to describe violations of
human rights but not necessarily to stress them. An exhibition of
infringements may not engender feelings among young people which
are propitious to concern for one's fellow human beings.
22. The Chairman suggested that the two views could in fact be
reconciled, since the teaching of positive aspirations was itself
strengthened by relating those aspirations to concrete situations.
23. The problem of relating principles to reality is given added
point by the reactions of some authorities to teaching about human
rights. Authorities may react to such teaching, particularly if
related to specific examples of violation, by repressing academic
freedom. This can occur especially when teaching is related to the
situation within one's own country, as distinct from infringement
elsewhere. Such repression is itself an infringement of the human
rights of both teachers and students, and teaching of the prin-
ciples of human rights becomes meaningless.
24. It was also suggested that there is a dilemma in that edu-
cation by its very nature can run counter to human rights if it
propagates and reinforces rules and laws which are themselves
tyrannical. This dilemma was in part resolved by the views ex-
pressed by several speakers that teaching should be based on an
underlying theme of respect for the humanity and the dignity of the
human person. But there remained an awareness that such an under-
lying theme became part of reality only if manifested in concrete
examples.
25. it was noted that the theme of basic respect for humanity
could be endangered by the attitudes displayed through the mass
media, and by the development of technologies which were dehumaniz-
ing in their effects.

140
26. It was suggested that the teaching of human rights could not
be separated from the teaching of duties. On the other hand, the
discussion of duties in isolation from rights can be a means for
denying human rights. Rights and duties are two sides of the one
coin of the status of the individual in society.

Promotion and protection of human rights - the role of NGOs

27. There were certain differences of emphasis amongst some

speakers regarding the role of NGOs in relation to infringement of
human rights by governments. Some held, for example, that it would
be incorrect to automatically oppose all governments since some gave
guarantees against violations. Other held, as indicated earlier,
that legislation alone was insufficient to ensure the full respect
of all human rights.
28. Speakers stated that it may be more difficult for national
NGOs to criticize human rights infringements within domestic society
than those which occur elsewhere in the world. This may be due
partly to the views and reactions of authorities to domestic criti-
cism, but it may also reflect different cultural approaches to
human rights. For example, violations of the right to work may not
be recognized as such in one society : violations of the right to
free speech may not be recognized as such in another society.
•29. Mr. Vasak commented that trade union organizations tended to
work with the Covenant on Economic, Social and Cultural Rights,
while the militant human rights organizations tended to work with
the Covenant on Civil and Political Rights. There was a need for a
unified code so that this separation did not occur.
30. Within the dialogue which developed around these points, a
consensus emerged that the role of NGOs is to strive for the reali-
zation and protection of the totality of human rights.
31. As a specific example, the comment was made that the defence
of trade union rights was inseparable from the defence of human
rights in general. Similarly, refugee organizations did not dis-
criminate between refugees from different areas. Furthermore, their
assistance to refugees was a means of education for human rights
through practical activities.
32. in general, NGOs should strive for the acceptance and defence
of codes of conduct accepted internationally by governments through
their support of United Nations resolutions. They should work for
the ratification of international instruments (the two international
Covenants have still to be ratified by two-thirds of the Member
States of the United Nations) and for their implementation.
33. It was pointed out that the Covenants not only reinforce
guarantees which may exist under national legislation, but also re-
quire the establishment of such guarantees where absent. They also
strengthen legal protection, for example, to lawyers who defended
victims of violations, to doctors who refused to ignore instances
of maltreatment, or teachers who referred to violations in their
lessons.

Out-of-school education

34. NGOs have for many years been recognized by Unesco as experts
in popular non-formal education.
35. Education for human rights should be available especially to
adults who have been denied formal schooling. This is particularly

141
relevant to Third World countries, and to vulnerable groups such as
women, immigrant and ethnic minorities and refugees. Literacy is
an important key to knowledge and awareness by people of their own
rights.
36.. In many countries, youth is under great stress due to the non-
respect of human rights. Education for human rights is a first and
foremost concern of youth organizations which work amongst the coming
generation.
37. The trade union movement provides an important means of out-
of-school education, reflecting both a broad concern for social
issues which affected the masses and experience in protection of
the rights of workers. Mr. Vasak raised the possibility of train-
ing on human rights amongst trade union leaders.
38. Attention should be given to the mass media, including the
negative effects of its use for propaganda, and the positive poten-
tial of its use for information and education.

Human rights and peace

39. Speakers stressed the link between human rights and peace, a
link established authoritatively in Unesco's "Recommendation con-
cerning Education for International Understanding, Cooperation and
peace and Education relating to Human Rights and Fundamental
Freedoms".
40. Particular attention was drawn to the work of the Institute
on Human Rights at Strasbourg.
•41. The injustices created by large-scale violations, in parti-
cular through racism, apartheid and repression of legitimate aspi-
rations pose a major threat to international peace. A specific
suggestion was to link the celebration of the thirtieth anniversary
of the Universal Declaration with activities conducted during 1978
as the International Änti-Apartheid Year. Mr. Vasak noted the sug-
gestion and said that a list of planned Unesco activities on apar-
theid during 1978 would be distributed.

Dissemination of information

42. There is an urgent need for the preparation of simply under-

stood texts based on the resolutions and instruments of the United
Nations. They should be widely available in national laguages.
Specific texts and statements should be prepared for women and for
children.
43. Information should be disseminated about bodies to which
people can turn when their rights are violated.
44. The question was raised of Unesco assistance to institutions,
governments or NGOs wishing to publish human rights documents and
instruments in languages other than the official languages of the
United Nations. Mr. Vasak said there was a problem of finance in
the current biennium, but the proposal could be considered for
1979-1980. He felt there was a need for pressure on governments to
publish texts in the national languages of the countries concerned.
45. Several speakers welcomed the idea of a UN casebook on human
rights. An additional suggestion was for the preparation of a
"geography" or "balance sheet" of human rights and their violations,
including experiences and contributions related to all aspects of
human rights. It was pointed out that UN documentation does not

142
generally include precise details of violations ; NGOs could give
details of violations and could themselves publish such cases.
46. Particular attention was drawn to the need for a documentation
centre or information exchange within the UN system on all matters
relating to human rights.
47. Unesco could also consider initiating the publication of com-
prehensive bibliography on human rights.
48. Information should be disseminated to NGOs on the procedures
adopted by Unesco for the consideration of communications concerning
human rights and NGOs should promote their use.
49. NGOs should share their experiences in both the protection
of human rights, and education for human rights. One speaker sug-
gested this process could be particularly valuable when national
NGOs able to engage in activity on human rights could share their
experiences with other national NGOs with fewer opportunities for
such activity.

Mr. Karel Vasak : summing up and reply

50. Mr. Vasak said that the number and richness of statements had
provided a brilliant justification for the holding of the Congress
in Vienna this year.
51. He further clarified the points made at the beginning about
participation, stressing that in his view there should not be "a
large fissure" between participants and observers in the opportu-
nities for taking part in discussion. After all, he noted, it
would be rather anomalous to restrict freedom of expression in a
congress on human rights.
52. Mr. Vasak believed it would be an enormous step forward if
as a result of the Congress there could be in each country even one
university teaching one half-year course on the principles of human
rights. It was necessary for a congress of 300 to 400 participants,
in the interest of realism and efficiency, to concentrate on what
was possible, rather than what was desirable. He stressed that re-
commendations, no matter how elaborate, would only remain in the air,
unless there was a structure to which they could be related.

Thanks to the Unesco Secretariat

53. The chairman expressed thanks on behalf of the seminar parti-

cipants to Mr. Vasak and Mr. Shelopoutov of Unesco's Division of
Human Rights and Peace, Mrs. Khawajkie of the Division of Equality
of Educational Opportunity and Special Programmes and Mr. Armerding
and Mr. Arsov of the External Relations Division for their assist-
ance throughout the discussion.

Letter to the Director-General of Unesco

54. in addition to the reports determined at the beginning of the

seminar, it was decided that a letter should be sent to the
Director-General immediately following its conclusion, conveying
the strong consensus which emerged in the discussions in favour of
broadening the scope of the Vienna Congress.

143
 III. Conclusions and Recommendations

Preamble

1. The thirtieth Anniversary of the Universal Declaration of

Human Rights provides an opportunity to take stock of the present
situation with regard to the protection and promotion of human
rights. The entry into force of the two International Covenants -
on Economic, Social and Cultural Rights and on Civil and Political
Rights - as well as the latter's Optional Protocol, have created
new conditions for the universal recognition and realisation of
the rights embodied therein for all persons everywhere. The rea-
lisation of these rights in each country is a national responsibi-
lity. At the same time, international solidarity is important and
necessary in the implementation of the provisions of the Universal
Delcaration of Human Rights and other international human rights
instruments. The need for an heightened and broader awareness of
the existence of, and the need to respect, human rights was a unani-
mous conclusion of the seminar. The urgent need to adapt accord-
ingly the programme proposed for the Unesco-sponsored International
Congress on Human Rights Education (September 1978, in Vienna) was
also emphasized.
2. Information and education about human rights forms part of
the machinery for the promotion and protection of human rights. The
following conclusions and recommendations are presented with these
considerations in mind.

The role of non-governmental organizations (NGOs)

3. NGOs should, in collaboration where appropriate with Unesco

and/or governments, make available to the widest public, information
about human rights in appropriate languages, styles and presenta-
tion.
4. NGOs should engage in the widest possible mutual exchange of
information about their educational and related activities in the
field of human rights, their promotion and their protection.
5. NGOs should encourage the development (and where they do not
already exist, the creation) by governments, universities and inter-
national institutions and organizations, of documentation centres
where the texts of human rights instruments and other relevant ma-
terials can be made available to those seeking information.
6. NGOs, on a joint or individual basis, should further en-
courage regional seminars, both to further development education
for human rights within a regional and cultural context, and where
appropriate to follow up the results of the Vienna Congress.
7. NGOs specifically concerned with education should, where
possible, seek information from their national affiliates relating
to the situation of human rights education in their respective
countries, and make the result of their enquiries available to
Unesco and to other NGOs.
8. NGOs should study ways and means of making more effective con-
tributions to education about human rights, as well as to their
promotion and protection, by both individual and collective actions.

144
Education for the exercise of and respect for human rights

9. Education for human rights should be recognized by govern-

ments, educators and NGOs as a process by which people of all age
groups and levels of society are enabled
- to exercise their own rights ;
- to develop respect for the rights of others.
10. The inculcation of a spirit of respect for human dignity is
basic to education for human rights. In addition to developing
specific courses of education for human rights where appropriate,
such education should be an explicit element which permeates all
disciplines.
11. (a) Education for human rights, in order to educate adults and
particularly children both psychologically and morally in
favour of the implementation of these rights, must be
based on the principles of respect for, and defence of,
human rights.
(b) Such a teaching method has the advantage that it reduces
the risk of reactions involving aggressivity, hatred, even
violence, which are hardly compatible with an attitude of
mind in favour of respect for the rights of all persons.
(c) Education for human rights requires constant references
to cases where such rights are violated.
(d) Such education illustrated by specific cases is legiti-
mate, and educators should not be limited or censured
in their treatment of it.
(e) The contents and methods of such education, as well as
key research on human rights, should include cases of
violations given in documents published by the United
Nations system.
(f) Educators must have access to such documents and their
annexes.
(g) Education for human rights should also, inter alia, take
account of the following factors :
- the indivisibility and equal importance of civil/poli-
tical/economic/social/cultural rights ;
- the need, in programmes of education for human rights,
to inculcate a spirit of respect for human dignity as
the basis for teaching about specific rights and methods
of realising them ;
- the importance of giving priority attention to groups
in society whose rights are violated, or who are parti-
cularly vulnerable or unaware of their rights (e.g. re-
fugees, ethnic and cultural minorities, migrants,
workers, women, young people and children).
12. (a) Courses of professional training at the post-secondary
level for police, lawyers, doctors, teachers, adminis-
trators, etc. should include the study of the Universal
Declaration and other international human rights instru-
ments, the principles underlying those instruments, and
their applicability to each specialized field,
(b) Education for human rights which forms part of profes-
sional training or specialized education may also be en-
hanced by being undertaken on a multi-disciplinary basis.
13. At the preschool, elementary and secondary levels, education
for human rights requires :

145
 (a) pre-service education for teachers ;
(b) in-service training courses ;
(c) the preparation, and dissemination to schools, of curri-
culum guidelines which relate human rights to the dif-
ferent subjects and learning activities ;
(d) the preparation, and dissemination to schools, of learn-
ing materials appropriate to each level, and to the ex-
perience of relevant cultures ;
(e) particular attention to multicultural education and to
the rights of specific groups, as indicated in the Unesco
Recommendation concerning Education for International
Understanding, Cooperation and Peace, and Education re-
lating to Human Rights and Fundamental Freedoms ;
(f) publicizing human rights in teachers' journals and other
educational publications ;
(g) consultation and cooperation with teacher organizations,
with trade union movements in general, with organizations
of students, young people, women and with other interested
associations (e.g. lawyers).
14. (a) Education for human rights at the level of out-of-school
education (including adult education) is a constant con-
cern of important mass organizations (of trade unions,
women, youth and others). By defending their main in-
terests at the national and international level, and by
struggling for the respect of civil/political/economic/
social/cultural rights (especially the right to work, to
social welfare, access to education and culture, as well
as the rights of association and expression), such orga-
nizations contribute to the development of human solida-
rity.
(b) Education for human rights should include the study of
labour and other social legislation.
(c) The seminar, recognizing the important contribution that
NGOs make on behalf of under-privileged groups to inter-
national actions against racism, apartheid and discrimi-
nation of all sorts, urges that these efforts be intensified.
15. In addition, attention should be paid in human rights educa-
tion to the role of NGOs in the promotion and observance of human
rights, including their initiatives in the formulation and adoption
of basic human rights instruments such as the Universal Declaration
of Human Rights and the two International Covenants, as well as their
role as one of the sources of information regarding the observance
and violation of human rights.

Vienna Congress

16. The seminar welcomes the initiative of Unesco and the Austrian
Government to organize the International Congress on the Teaching
of Human Rights, in Vienna (12-16 September 1978).
17. The seminar considers this Congress important in the sense
that it will continue the development of Unesco's contribution to
education for the exercise of, and respect for, human rights in all
countries and for all sectors of each society.
18. The seminar emphasizes the importance, in the preparations for
the Vienna Congress, and in its deliberations as well as in its
conclusions and follow-up, of identifying fundamental principles for
a human rights education which is designed, inter alia, to :

146
 (a) instill a profound sense of respect for the dignity of
each human being without any discrimination of any sort ;
(b) emphasize the indivisibility and equal importance of the
various rights recognized by the world community ;
(c) inform every person (especially those most in need) of
their inalienable rights ;
(d) regard the achievement of universal recognition and res-
pect of the Universal Declaration of Human Rights and
other international instruments on human rights as an im-
portant part of international cooperation between States
and solidarity among peoples.
19. With regard to the theme of the Vienna Congress, the seminar
reaffirms the recommendation made in the communication which it sent
to the Director-General of Unesco, to the effect "that he broaden
as much as possible the objectives and theme" of the Congress.
20 With regard to the agenda for the Vienna Congress, the
seminar strongly recommends that :
(a) the emphasis in the proposed items I and II (provisional
draft programme - E/CN.4/1274) be revised to give higher
priority to human rights education both in primary and
secondary schools and at the vocational and out-of-school
levels, paying special attention to social groups in
particular need of such education ;
(b) Unesco and the Austrian Government be invited to consider
the creation of Commissions on items I and II as on the
rest of the provisional draft programme ;.
(c) the agenda and programme of the Vienna Congress be so o r -
ganized in general as to enable its participants to con-
duct an overall review of the situation and needs in the
field of human rights education, with a view to identify-
ing areas where more specific work may be undertaken after
the Vienna Congress.
21. The seminar underlines the importance of ensuring in the selec-
tion of participants for the Vienna Congress not only a wide range
of expertise at different levels of formal and non-formal education,
but also a proper representation of different geographical regions
and approaches to human rights protection and promotion.
22. To this end, the seminar recommends that :
(a) the Director-General of Unesco, in view of the consider-
able experience of many NGOs both in human rights educa-
tion and in the defence of human rights, invite a number
of experts from such NGOs, in addition to inviting NGOs to
send observers to the Vienna Congress ;
(b) NGOs submit suitable nominations for the Vienna Congress
to the Director-General of Unesco ;
(c) NGOs advise their national affiliates to consider sub-
mitting suitable nominations of experts to their respec-
tive governments, either directly or through National
Commissions for Unesco, as appropriate.
23. The seminar warmly appreciates the decision of Unesco to in-
clude its Report among the official working papers for the Vienna
Congress, as well as the possibility that individual NGOs may be in-
vited to prepare further official working papers for the Congress.
24. The seminar requests that the Standing Committee of NGOs having
consultative relations with Unesco make representations to Unesco
and the Austrian Government to ensure that NGOs wishing to present

147
papers on the theory and practice of human rights education to the
participants in the Vienna Congress may be able to do so without dif-
ficulty, on the basis that the NGOs concerned shall be responsible
for the production, translation and transport of the necessary
number of copies of such papers.
25. The seminar urges, the participants in the Vienna Congress to
identify priorities for research in the field of human rights edu-
cation. Important areas for such research might include :
(a) mechanisms for assessing progress in the achievement of
human rights ;
(b) existing mechanisms for protecting persons against pos-
sible abuses of authority, and the desirability of their
establishment where necessary ;
(c) situations where a consistent pattern of gross violations
of human rights has been identified ;
(d) methods of evaluating the effect of human rights education.
26. The seminar requests the Standing Committee of NGOs having
consultative relations with Unesco at its meeting in October 1978
to evaluate the results of the Vienna Congress, with a view to
identifying possibilities for further action by NGOs, in connection
with both the Twentieth General Conference of Unesco and future pro-
gramme activities.
Suggestions for action to mark the thirtieth anniversary of the
Universal Declaration of Human Rights (not listed in order of
priority)

27. The seminar makes the following suggestions for action to mark
the thirtieth anniversary of the Universal Declaration of Human
Rights :
- that NGOs intensify their efforts to promote the widest
possible dissemination and fullest implementation of the
Unesco "Recommendation concerning Education for Inter-
national Understanding, Cooperation and Peace, and Educa-
tion relating to Human Rights and Fundamental Freedoms" ;
28. that NGOs intensify among themselves the exchange of informa-
tion regarding :
(a) the procedures in force within the United Nations system
for dealing with alleged violations of human rights ; .
(b) the extent to which such procedures are used, and are
adequate to meet the needs of those whose rights are
violated ;
(c) situations where human rights are being violated ;
29. that NGOs encourage their national affiliates in countries
which are not already States Parties to the following instruments,
to urge their governments during the thirtieth anniversary to
ratify or accede to :
(a) International Covenant on Economic, Social and Cultural
Rights
(b) International Covenant on Civil and Political Rights
(c) Optional Protocol to (b) above
(d) International Convention on Elimination of All Forms of
Racial Discrimination
(e) International Convention on Suppression and Punishment of
Crime of Apartheid ;
30. that NGOs, in their activities to mark the thirtieth anni-
versary, give high priority to programmes relating to "International
Anti-Apartheid Year" ;

148
31. that NGOs intensify their efforts to promote :
(a) the widest dissemination of international instruments on
human rights,
(b) their translation into local and national languages,
(c) their adaptation into forms which may be used effectively
in programmes of education for human rights at all levels
of society ;
32. that NGOs draw the attention of their national affiliates to
the annex to the UN General Assembly resolution 32/123 concerning
the thirtieth anniversary, urging them to initiate contacts with
their respective governments so that a wide range of activities may
be undertaken ;
33. that NGOs promote full access to legal systems for all sectors
of society as well as to knowledge of the existence of machinery
(national/regional/international) for the protection of human
rights ;
34. that NGOs promote the acceptance and implementation of nation-
al and international codes of conduct for law enforcement, medical
and other personnel directly involved in work where human rights
may be particularly at risk ;
35. that NGOs, particularly through their national affiliates,
promote the exchange of experience regarding the development of
mechanisms at the national level for the evaluation of the reali-
zation of human rights ;
36. that NGOs, in preparation for the International Year of the
Child, promote wider knowledge and discussion of the "Declaration
of the Rights of the Child", and initiate programmes to realize
its objectives as well as to meet additional needs which have
emerged since its adoption ;
37. that the Director-General of Unesco be invited to ensure
that Unesco increase the availability of Unesco's human rights in-
struments and other materials on human rights in increased quanti-
ties and to make representations to the appropriate bodies in the
UN system to the same end ; and that the Standing Committee of
NGOs having consultative relations with Unesco keep this matter
under review ;
38. that Unesco, in recognition of the increasing importance at-
tached to its work in the field of human rights (as defined in
Objective 1.1 of the Medium-Term Plan for 1977-1982) increase the
resources allocated in its 1979-1980 programme to assist NGOs and
other competent bodies to disseminate, translate and adapt inter-
national human rights instruments and other educational materials
on human rights issues ;
39. that Unesco and NGOs, in their programmes of human rights
education, devote larger resources to regional meetings on these
questions, and in regions where no regional machinery for the pro-
tection of human rights exists, promote discussion of the desira-
bility of such machinery ;
40. that NGOs, on the basis of the decision adopted by Unesco's
Executive Board regarding Unesco procedures (proposed in 104 EX/De-
cision 3.3) for the examination of cases and questions which might
be submitted to Unesco concerning the exercise of human rights in
the spheres of its competence, make these procedures as widely
known as possible.

149
Proposed Unesco Prize

41. Following the decision of the Unesco Executive Board (103 EX/De-
cision 6.2 at its 103rd session) inviting the Director-General "to
take all necessary steps ... to give effect to resolution 3 (XXXIII)
of the Commission on Human Rights concerning the celebration of the
thirtieth anniversary of the Universal Declaration of Human Rights",
the seminar notes with appreciation the project 104 EX/19 of 23 March
1978 submitted by the Director-General for the establishment of a
Unesco Prize to be awarded for "activity aimed at developing the
teaching of human rights".
42. The seminar, however, taking account of the view that human
rights is not a discipline in which people should be instructed but
a set of values based on the inherent dignity of humankind which is
most effectively imparted by methods of education which adhere to
the same values, urges the Executive Board to enlarge the scope of
the proposed prize to refer to "education for the exercise of, and
respect for, human rights".

ISO
C . Reports concerning the teaching
of H u m a n Rights
in the various regions of the world
 la. Final Report on the preparatory meeting
on the teaching of human rights in the Caribbean
(Kingston, Jamaica, 21-22 July 1978)

Report prepared by
the Jamaica National Commission for Unesco

Introduction

1. The Jamaica National Commission for Unesco through its Sub-

Committee on Human Rights and Peace organized a meeting on human
rights teaching in the Caribbean in preparation for the Vienna
International Congress on the Teaching of Human Rights, at the
Pegasus Hotel, Kingston, from 21-22 July 1978.under the Chairmanship
of Dr. Lloyd Barnett, Chairman of the Human Rights and-Peace Sub-
Committee of the Jamaica National Commission for Unesco.
2. The Honourable Carl Rattray, Minister of Education, Justice,
Attorney General of Jamaica and Chairman of the Jamaica National
Commission for Unesco delivered the keynote address at the opening
ceremony.

Evaluation of the teaching of human rights in the Caribbean

3. The meeting considered that for the Caribbean the terms of re-
ference given were limited. It was felt that in developing coun-
tries a miniscule percentage of the population has the benefit of
university education and many never pass through any formal insti-
tutions of learning. As an awareness and understanding of the con-
cept and context of human rights should be attained by all sections
of society, tertiary education should generally be looked at as a
means of fostering out-of-school education and in terms of servic-
ing the wider community.
4. The consensus of opinion on the teaching of human rights in the
region was that very little specific teaching in this area took
place at any level. Reports from individual territories demonstrated
that human rights was not specifically included as a subject in the
syllabuses at the primary and secondary levels, but that limited
avenues for its teaching existed in the areas of civics and social
studies.
5. At the teacher-training level, opportunities for human rights
teaching existed in some territories like Trinidad, but a survey of
the examination question papers set at this level over a period of
five years showed that there had been no questions occurring on
human rights. There were also indications that even here there was
scope for the teaching of human rights within the universities ;
this had been under-utilized. Law and the social sciences were the
only subject areas in which there was any significant teaching of
human rights.

153
G. Where courses on human rights were taught there was little com-
munication among the teachers of the subject and, to a large extent,
even at this level human rights teaching where it existed was tan-
gential to the main thrust of the courses. Little research on
human rights was indicated, and a clear need for research funding
and facilities was seen.
7. In response to some of the specific proposals put forward for
the Vienna Congress, it was felt that an association of teachers of
human rights was not a priority at this stage because of the small
size of the region and the limited number of people involved in
the subject area at present. It was felt that any plans for teach-
ing of the subject should be made within the framework of the ex-
isting institutions in the region.

Recommendations

8. The meeting recommended that :

a. Human rights should be made an integral part of all levels
of education.
b. Human rights should be seen as a total subject relating •
to the experiences and problems of peoples and put within
the context of the development process, international
stratification and the need for a New International
Economic Order.
c. Human rights teaching should inculcate the principle of
service to the community. In professional fields such as
medicine it should be directed at producing a sense of
social responsibility.
d. Human rights as a term should be expressly included in
syllabuses and course descriptions to emphasize the im-
portance of the concept.
e. In Faculties or Departments such as Law, International
Relations and Political Science, human rights should be
made a compulsory area of study. It could be offered
either as a separate course or as a topic within a com-
pulsory course.
f. Human rights should be offered as an optional subject in
Arts and General Studies. In professional and technical
fields, such as medicine and architecture, human rights
should be taught as an aspect of professional, ethical
and social responsibilities.
g. The facilities provided by the extramural departments of
universities in the region should be fully utilized to
educate the public on human rights.
h. A publicity campaign to coincide with the thirtieth anni-
versary of the Universal Declaration of Human Rights
should be mounted to increase public awareness on matters
relating to human rights.
i. Public education programmes should be channelled through
informal voluntary institutions such as the Church and
trade unions.
j. , Emphasis should be placed on the production of reading
materials on human rights for the public and use made of
radio programmes and institutions such as the Jamaica
Movement for the Advancement of Literacy.
k. Public libraries and school library services should be
utilized in the educational programme on human rights at

154
 university, public and other libraries. A special index
entitled "Human Rights" should be included in their
catalogues.
1. There should be an inventory of human rights research in
progress in the region and a bibliography of work al-
ready done.
m. Preparation of manuals on human rights teaching should be
undertaken.
n. Finance should be provided for research and publication
on human rights in the area.

Disseminating the views of the preparatory meeting

9. In order to facilitate the dissemination of the views arising

out of this meeting, it was recommended that :
a. Copies of this paper be sent to the participants and all
National Commissions within the region.
b. Copies of all reports be sent to all Ministries of
Education, universities and related authorities, including
the Caribbean Community Secretariat.
c. Delegates be asked to encourage their Governments and
National Commissions to send representatives to the
Vienna Congress on the Teaching of Human Rights.
d. Governments and existing institutions working in the
field of human rights, such as the Caribbean Legal Aid
and Human Rights Corporation, the Jamaica Council for
Human Rights and the Continuation Committee of the
Caribbean. Seminar on Human Rights be asked to study and
respond to the recommendations of the meeting.

155
 lb. Survey on the teaching of human rights
at the tertiary level in the Caribbean

Report prepared by the

Jamaica National Commission for Unesco

Introduction

The realisation of basic human rights is essential to the full de-

velopment of the human being and the optimum functioning of any
society. Although philosophers from the earliest of times have
concerned themselves with establishing the balance between the
rights and duties of man and the duties of the State towards its
citizens, today there is perhaps just as great a need, if not a
greater one, to establish and propagate the rights and duties of
man and the limits of State power over the individual. Technolo-
gical advances and the increasing complexity of the State make
possible abuses previously unimaginable by State and citizen.
The United Nations Declaration on Human Rights and the Regional
Charters which have emerged have made tremendous inroads into the
problem of the abuse of human rights. However, it is clear that
the defence of human rights will only be ensured if citizens are
aware of their rights and duties and can provide an informed pres-
sure group to check violations of the basic rights of man.
Awareness can only come from education and it is in this light
that a concern for the dissemination of information on human rights
can be encouraged.
Schools and institutions of learning provide the most ready
forum for the task of educating people about their basic rights
and duties.
A study to assess the existing extent of teaching within the
Caribbean was therefore carried out to determine the nature of the
gaps and prospects in teaching within the Caribbean region.

Methodology

A survey was made to determine the extent of human rights

teaching at the tertiary level in the region. The territories
isolated for study were as closely representative of the linguistic,
economic and ideological divergencies within the region as was pos-
sible for Jamaica. Trinidad, Guyana, St. Lucia and Surinam were
therefore isolated within these territories. The universities,
technical colleges, teachers colleges and church colleges, where
appropriate, were selected for the focus of the study. Data were
gathered on the basis of an examination of course materials, book
lists, syllabuses and examination papers over a five-year period

156
where possible. Although there was no response from St. Lucia, the
similarity in findings of the territories under study revealed a
clear pattern.

The teaching of human rights in Jamaica

Teaching of human rights in Jamaica at the tertiary level

leaves much to be desired. Apart from the university level teach-
ing, which was dealt with separately because of the regional char-
acter of the university, it was found that little or no emphasis
was being placed on human rights as an area for teaching. In one
or two institutions it was found that some exposure to the subject
area was given under the heading of General Studies, but even here,
human rights was subsumed under the topic of Internaitonal Insti-
tutions and dealt with as one of the areas of United Nations ac-
tivity.
Here, too, however, the introduction of the subject area was
really dependent on the interests of the particular teacher, and
rarely was the subject included in examinations. As with all the
territories, there was nothing in the syllabuses which prescribed
the teaching of human rights, as it was not a subject considered
to be relevant to putting out a well rounded graduate of these in-
stitutions. There could therefore be no spill-over into primary-
level teaching. Of all the tertiary-level institutions sampled,
there was only one course in which human rights was specifically
mentioned. All the teachers responding, however, felt that their
institutions were .ideal for the subject matter.
The problem of the need for additional funds to be allocated
for new courses was one particularly raised. Obviously, the intro-
duction of human rights as a subject across Caribbean schools and
universities would involve considerable additional financing which
governments and private institutions might be unwilling to under-
take. This problem cannot be dismissed. The absence of teaching
materials was another factor which inhibited the teaching of the
subject at a more than cursory level. This suggested that specific
efforts should be undertaken to sponsor research and publication
of materials, which could be used as teaching materials. No res-
pondent felt that human rights teaching was unimportant although
a few thought that it would be difficult to have the subject in-
troduced because of the monetary factor.
Generally, however, the consensus was that there was. an urgent
need for the subject to be introduced regardless of the drawbacks.

Teaching of human rights at the tertiary level in Surinam

First of all, we must appreciate the fact that it is only the

Faculty of Law (University of Surinam) that does anything specific
in this respect. Secondly, what is being done is subject to im-
provement. No specific research has been done in this field.
So the teaching from text books (Constitutional Law and Interna-
tional. Public Law) is not based on an actual analysis of the facts
in our society.
Moreover these text books are mainly either of Dutch or
American origin.
This situation can be largely attributed to the following
factors :
1. Relatively low public consciousness concerning human rights.

157
 2. The position of academics in the social structure of Surinam.
Specifically the members of the legal profession, who apart
from contributing to the draft of the Constitution, have up to
now shown no genuine interest in the implementation of human
rights.
3. The absence of spectacular violations of civil rights that
catch the public eye through the press, radio and television.
4. The fact that the training of lawyers in Surinam has so far
been a more or less status quo oriented operation. Professors,
lecturers and fellow researchers have been largely recruited
from upper-class milieux (judges, advocates, managers, etc.).
Even the student body largely consists of this same social
class, although this situation is gradually changing.
Human rights at the Faculty of Law are being taught as part of
the courses in :
1. Constitutional Law :
Survey of the development of the civil rights in world history
(Western Europe, and the United States) ; history of the human
rights legislation in Surinam from the abolition of slavery in
1863 until Independence in November 1975 ; the constitutional
civil and social rights laid down in the 1975 Constitution.
2. International Law :
Treaties comprising human rights ; problems relating to the
direct implementation of treaties at a municipal level.
3. Students who intend to do papers concerning human rights can
receive special tutorial guidance. (Of the 183 papers produced
by students so far only five dealt with the problems related to
human rights.)
4. Institute of legal assistance : Students are confronted with
the realities of poor persons in our community.
First of all there is the problem of heightening the conscious-
ness of the body of teachers concerning the importance of the
teaching of human rights at this level of education. Surinam is
faced with the problem of developing the best material and teaching
techniques for this subject.

Conclusion

To conclude, there is a great need to develop suitable material

and teaching techniques on human rights for use by formal and non-
formal institutions in Surinam.
Based on this survey and on the Preparatory Meeting on the
Teaching of Human Rights in the Caribbean held in Kingston from
July 21-22 a local seminar has been organized on the Teaching of
Human Rights before the establishment of the syllabuses for the
academic year 1979-1980.

The teaching of human rights in teachers' colleges in Trinidad and

Tobago

In Trinidad and Tobago it can ,be said that little or no attention

is given to the teaching of the subject of Human Rights as an im-
portant aspect of teacher education.
This is not to say that the educational authorities in Trinidad
and Tobago are not mindful of the principles and practices of
human rights. In fact the syllabus of work for social studies in
the colleges mentions the treatment of the United Nations, Unesco,
etc., among other important topics for study. The same is true of

158
the primary school syllabus under the same heading of Social
Studies. While it is true to say that the inclusion of the topics
here mentioned is to imply that human rights be taught, the term
human rights is not mentioned in the teachers' syllabus.
In the primary school syllabus, under the moral knowledge aspect
of the Social Studies Programme, mention is made of the rights.of
the individual and the need to respect such rights. It is doubtful,
however, that this is in the context in which the teaching of human
rights as an important principle upheld by the United Nations was
intended. Yet, even so, theory is not practised as hardly anybody
places any special interest in teaching in the affective domain.
The generalization that little or no attention was given to the
teaching of the subject of human rights is based on the following :
(a) Meeting with the external examiner in Social Studies prior
to the setting of the final examination.
(b) The examination itself with respect to the type of ques-
tions asked.
(c) Hints for work in Social Studies prepared by student
teachers on practice.
(a) It is usual for all the Social Studies lecturers to meet with the
external examiner to discuss work done by the various colleges so
as to give an idea of the range of topics that will be included in
•the examination. As far as could be observed, no college has ever
indicated that the topic was included or suggested that it deserved
a place in the examination.
(b) This statement follows naturally from (a). Since nobody has
ever said that the topic was covered, it never featured in the exa-
mination. So that as far as could be noted no question was set on
the UN, Unesco or human rights over the last five years.
(c) Experience with student teachers in practice is that they never
find it necessary to prepare units of work on the moral aspects of
the Social Studies Programme. There are scores and scores of units
on social knowledge but not a single one on moral education from
any one student in five years.
These observations are sufficient to lead anyone to conclude
that teaching of human rights is not effectively and seriously
undertaken in schools and colleges in Trinidad and Tobago.

Analysis of the circumstances which militate against the effective

implementation of the teaching of human rights in schools and col-
leges in Trinidad and Tobago

In the first place, education in the Caribbean was, and still

is, to a large extent, extrinsic in purpose. It is regarded by most
teachers to be a means to an end rather than an end in itself. This
attitude affects teacher and student alike. The former is inclined
to teach only what is examined or examinable and the latter to
learn the same. In other words then, people in the Caribbean are
mainly concerned with education that will enable them to obtain
paper qualification which in turn will enable them to earn more,
and to improve their socio-economic status.
Secondly, the survey showed that teachers tend to teach what
they know, or know about, and to ignore what they fear they are not
sufficiently competent to handle. This lias led the survey to con-
clude that the teachers' lack of information about the nature and
role of the UN and its various sub-organizations is a potential
deterent to the teaching of human rights.

159
 Thirdly, it was found that a number of teachers still regard
the three R's as the most important areas of education. Therefore
many other important areas are neglected. Although there is em-
phasis on the all-round development of the individual most teachers
concentrate on the intellectual at the expense of the physical and
moral. Experience has shown that many teachers do not like to
teach social studies, physical education or even new maths. Thus,
even if a subject like human rights were to be taught at teachers'
colleges in Trinidad and Tobago, there is no guarantee that it
would be carried over to the classroom, and it is likely to suffer
the same fate as the other subject areas just mentioned.

Conclusion

In sum then, one would conclude that there are historical,

social and perhaps psychological factors which inhibit the success-
ful implementation of a programme on human rights in colleges and
schools in Trinidad and Tobago and as such one would make the
following recommendations :
1. The subject should be made an integral part of teacher educa-
tion under the heading Special Studies and should be examined
both in content as well as strategies for teaching it. It
should be taught as a course in its own right, with specialist
teachers responsible for its implementation. This, however,
will imply some administrative as well as financial problems.
2. Apart from the direct approach to the teaching of the subject
at the colleges, a publicity campaign through the media should
be initiated ,- this could arouse a greater amount of public
awareness of the subject and its educational value.
Also, the regional offices of international organizations should
publicize their presence and locations, as well as make their
libraries and other services more available to the public and
especially to teachers.
With the removal of the barriers here mentioned and the im-
plementation of the suggestions offered, a greater awareness of
human rights will be created and avenues opened up for individuals
to practise its principles in their day-to-day living.

The human rights content of courses taught at the University of

the West Indies, Faculty of Social Sciences

Under the title Modern Political Thought, which is an option

in Part II of the B.Sc. (Government), rights, freedoms and equality
as political concepts are topics for study.
The course Introduction to Politics is a first-year course in
the B.A. (Social Studies) programme. It is also offered as part
of the B.A. general programme, the Certificate in Public Adminis-
tration as an option in Part I of the LL.B.
According to the handbook issued by the Faculty of Social
Sciences (September 1977) the course is designed to "provide a
general introduction to the study of Government and Politics.
Knowledge of elementary concepts of political theory, e.g. state,
law, justice, freedom, public social duty, consent, representation,
power, equality, democracy ...".
In the Faculty of Social Sciences' handbook "Social Philosophy"
is listed as one of the offerings in Part II of its Sociology
programme. The course syllabus includes the study of :

160
 Rights and duties ; the theory of justice, distributive
and corrective ; responsibility ; liberty and equality ;
the ends and limits of political action ; compulsion
and consent ; ethical aspects of religious, economic
and professional groups and of the family ; ethical
aspects of property ; ethical aspects of the relation
between States.
Comparative Politics I and II can be studied either for the
B.Sc. (Government) or B.A. (Government). Comparative Politics I
focuses on "the government and politics of advanced capitalist
and socialist countries - USA, Britain and the USSR".
The Faculty of Social Sciences offers a course in History of
Political Thought as part of the second-year programme for the
B.Sc. (Government) or the Diploma in Public Administration. This
course covers inter alia the "history of political thought from
Plato's Republic to Mills' essay, On Liberty."
Elements of Constitutional and Administrative Law is offered as
a part I option, in the case of the B.Sc. (Public Administration),
and as a one-year option for both the Diploma and Certificate in
Public Administration. This course involves the study of judicial
review and interpretation of the Constitution ; the citizen and the
State ; the rights and obligations of citizenship ; control of
administrative powers.
International Law and Institutions is another Social Science
option. According to the course outline, students are required to
inform themselves on, among other topics, the role of international
organizations in the formulation and growth of international law.
Since over the past thirty years international organizations have
been very instrumental in fashioning international law on human
rights as a respectable branch of international law, the inter-
national law of human rights is a fit subject to be subsumed under
this course heading.
In fact the human rights aspect was emphasized during the last
academic year. It must be noted that this course can be taught
without any emphasis on human rights.

Normal Manley Law School

The Norman Manley Law School has, as part of its first-year

offering, a course entitled "Status, Rights and Responsibilities of
the Legal Profession". In this course students examine some of
the international covenants. During the last academic year each
student had to write a paper indicating the extent to which the
provisions of the Universal Declaration of Human Rights replicate
the law in force in West Indian Territories.
The teaching of human rights admits of multiple focusses. In
a political science oriented course human rights can be studied
in their historical context. In this setting the student is ex-
posed to the variety of ways in which the concept of human rights
has been used by political philosophers as the basis on which
theories of government, politics and jurisprudence have been pre-
dicated. Even in modern political thought the concept continues to
be part of the strategy for the development of political and
juristic philosophy. Rights have always been "useful political
tools because it is easy to capitalize on the perceptions of en-
titlements associated with them to initiate and nurture political
mobilization".

161
 Human rights can be taught as the basis of contemporary indi-
vidual entitlements to be asserted by means of positive legal action.
This is the positive normative aspect of human rights studied as
human rights law. In this setting human rights are examined in re-
lation to those legal rules which are enacted, whether as ordinary
or constituent law, so as to give them positive effect.
The non-law Social Science courses teach human rights in the
political/historical sense while the course in Constitutional and
Administrative Law must of necessity take the positive normative
approach.

Recommendations

It is obvious that there is no guarantee that every student

graduating from the University of the West Indies will as a result
learn something about human rights by virtue of any of the courses
taught.
Those who considered that the restriction of human rights
teaching to a Part III Law option was a deficiency may be assisted
by the following options for rectifying the situation.
The University of the West Indies could be asked to institute a
University course in human rights. This would make it compulsory
for all students to study and pass an examination in human rights.
Alternatively, the subject could be integrated into the curri-
cula of all the Faculties. The latter seems a less attractive ap-
proach although the University course method may not be the most
desirable from some points of view. It has been argued that
University courses are regarded by students as so much unnecessary
academic baggage and that this would devalue the subject. However,
it must be noted that a subject need not be labelled "university
course" to be considered as unnecessary academic baggage. If a
topic is integrated into a course by reason not of conceptual re-
lationship, but artificially for policy reasons, it may very well
earn a scant regard.

Conclusion

It is clear from the reports of the various territories that

the subject of human rights receives little priority in the area of
teaching within the Caribbean region. The University provides the
only arena in which human rights are systematically taught. Even
within the University, social sciences, law and to a limited extent
history provide the only areas in which human rights are taught.
In the Caribbean region where we are at present going through
an intense period of change, it is important that every citizen
and hence every potential ruler and subject be made aware of his
rights and duties, and the duties which the State has towards the
individual. Schools are one of the most important agents of socia-
lization and therefore the educational system must be utilized to
the fullest.
It is important, however, that human rights be not made merely
another subject for which exams must be passed. There is no surer
way to kill a subject than to separate it from real life experi-
ences and the reality of every day existence. The planners of the
teaching of human rights should be careful of this pitfall. Doctors,
lawyers, mechanics must be made aware of their social responsibili-
ties so that human rights teaching is not seen as being relegated

162
to certain limited disciplines. One must, however, not lose sight
of the fact that in the Caribbean many never pass through higher
institutions of learning. It is therefore necessary when discussing
education that emphasis be placed on primary-level teaching from
the earliest stages. Also, as children tend to he more receptive to
new ideas and more flexible, effort placed at this level is likely
to reap the greatest benefits.
The consensus of opinion of those responding to the survey was
that human rights constituted an area which could no longer be ig-
nored. As one respondent put it, students should be aware of con-
cerns that affect human relations on a wider basis than is provided
by the specific subject matter to which they are now exposed ; this
cannot but lead to more informed government and a more responsive
and intelligent citizenry.
The climate is ripe, let it be explored to the fullest with con-
tinuing collaboration of those involved.

163
 2. Human rights education and the Council of Europe :
stock-taking and future perspectives

Report prepared by
the Secretariat General of the Council of Europe
(Directorate of Human Rights)

I. Introduction : The European conception of Human Rights and the

Council of Europe's human rights education policy

1. It is fitting that the thirtieth anniversary of the Universal

Declaration of Human Rights and the twenty-fifth anniversary of the
entry into force of the European Convention of Human Rights should
provide the framework and stimulus for renewed efforts in the ap-
proach to human rights education. The time has come to review the
present situation of human rights teaching, to adapt efforts to pro-
mote teaching and education in the light of past achievements and
future perspectives, and, above all, to prospect new priority areas.
2. At a time when human rights have assumed a key position at the
forefront of international policy, it is increasingly apparent that
human rights education is no longer the exclusive reserve of a select
group of highly specialized legal technicians ; on the contrary, the
daily problems of contemporary society raise human rights issues
in their acutest forms and in all parts of the globe. This means
that education about human rights has a direct bearing on contem-
porary issues and can influence their evolution. Human rights edu-
cation at all levels is thus a prerequisite for the harmonious
development of society since it not only leads to dissemination of
knowledge about national and international systems for enforcing
human rights, but also leads, through improved knowledge of problems
such as discrimination, religious intolerance, etc., to increased
mutual understanding and respect between human beings both within
the nation State and outside.
3. It is thus appropriate that this International Congress on the
Teaching of Human Rights, doubtless one of the most important con-
tributions to the celebration of the thirtieth anniversary of the
Universal Declaration of Human Rights, should provide the forum for
an overall, world-wide review of the state of human rights education
(particularly in universities) and for a fruitful exchange of views
on how best to implement a new approach to human rights education in
the world.
4. Without purporting to predict the conclusions that will be drawn
at the close of this encounter, it is clear that the discussions will
confirm that it is erroneous to refer to an approach to human rights
education, but rather various approaches, adopted in the light of
the specific attitudes and needs prevalent in the different regions
of the world. It should not be inferred by that, that these new ap-

165
proaches may not be governed by certain common fundamental guide-
lines ; on the contary, it will be the task of this Congress pre-
cisely to identify those guidelines on which concrete efforts should
be founded in future.
Indeed, in a world-wide context human rights education is a
relative term, dependent on the meaning and scope accorded to the
term "human rights" itself. It is a fact that this term is a far
from uniform concept, the scope of which remains invariable through-
out the globe - nor should it necessarily be so. It is evident,
therefore, that the precise manner in which human rights education
is conceived, and the subject integrated into curricula, will vary
accordingly, although governed by a small hard-core of common guide-
lines.
5. In the framework of an organization such as Unesco, which is of
world-wide dimensions and whose educational vocation is firmly
rooted in its statutes, the recognition of such a diversity of con-
ceptions of "human rights" and, of necessity, of approaches to
human rights education, is an essential element of that Organization's
activities. In such a context it is thus appropriate that one of
the three main poles of gravity of Unesco's activities in the field
of human rights education in 1979/1980 should be to encourage human
rights education in accordance with the various characteristics of,
and conditions prevailing in the different regions of the world,
aiming at the creation of regional centres of human rights teaching
and training for the benefit mainly of those regions where human
rights teaching is the least developed.
6. At the regional level and within the framework of the Member
States of the Council of Europe the situation is fundamentally dif-
ferent ; the conception of human rights is essentially the same and
has been given concrete expression in the European Convention for
the protection of human rights and fundamental freedoms. By sub-
scribing to the engagements set forth in this Convention, the
Member States of the Council of Europe have provided a collective
guarantee, on an international scale, of a number of individual
rights and freedoms arising out of man's human dignity and, by sub-
jecting the respect of the engagements contracted therein to in-
dependent judicial organs of supervision, they have given expression
to the immutable character of those rights and freedoms. Such unity
of conception does not, however, preclude the subsistence of a
certain diversity as between the members of the Council of Europe
regarding the precise practical scope a right may acquire in the
light of the evolution of modern society, but such diversity should
not be confounded with fundamental differences of conception.
7. Given such a system of positive human rights law (both national
and international) which can be taught in universities by way of an
analysis of the normative principles embodied therein, by case law
studies, and by the study of the international judicial machinery of
control instituted by the European Convention on Human Rights and
by comparison of such machinery with national systems for enforcing
human rights, it is clear that the Council of Europe's main pre-
occupation has been in the past to encourage the development of the
teaching of human rights as an almost exclusively legal discipline
for advanced law students, particularly those specializing in inter-
national law.
8. Whilst there is much to be said for encouraging such a develop-
ment, and notwithstanding this common European conception of human
rights, it is now conceded that the exigencies of a rapidly develop-

166
ing society call for a more sophisticated approach to human rights
education. It is increasingly apparent that human rights education
is a desirable and advisable innovation at all levels of teaching
and training and that such education must be adapted to the re-
quirements of the various kinds and levels of teaching and training
involved.
9. For this reason, and for the first time, a specific sector of
the Medium-Term Plan of the Council of Europe relating to the period
1976-1980 has been devoted to "education and information on human
rights" of which the three objectives are as follows :
i. Development of balanced programmes in the field of human
rights, in full time education, in adult education, with-
in the framework of permanent education and in the train-
ing of people belonging to the legal professions
ii. Promotion of public interest and debate on human rights
iii. Exploitation of the spectrum of communication media in
view of the elaboration of education programmes in the
field of human rights and of the promotion of the interest
of the general public in these questions.
10. In the course of the adoption of the aforementioned Medium-
Term Plan, a special intergovernmental Committee of experts was
set up with the task of making proposals for an overall programme
to implement the above three objectives of this new Sector. This
Committee met early in 1976 and drew up a series of proposals of
which the majority were directly concerned with the teaching of
human rights at the various levels of teaching and training pro-
vided for in the Member States. It should however, be noted that
all such proposals have been made in the spirit of, and in conform-
ity with, the common European conception of human rights and funda-
mental freedoms (i.e. individual rights arising out of man's dignity,
immutable in character and suitable for judicial enforcement), and
bearing in mind the very specific system of positive law instituted
by the European Convention on Human Rights.
11. These proposals were subsequently endorsed by the Committee of
Ministers and reflected in the annual programmes of intergovern-
mental activities. The responsibility for implementing the said
proposals was entrusted to two bodies : the Steering Committee for
Human Rights which set up a Committee of Experts for the promotion
of education and information in the field of human rights,and the
Steering Committee for Cultural Co-operation, whose Committee on
General and Technical Education deals inter alia with this problem.
Collaboration between the different Committees is provided for and
is an essential factor in the realization of certain ventures.
12. It soon became apparent within the Committees concerned that
the said proposals covered a wide spectrum of more or less feasible
activities and that it was necessary to adopt a more flexible and
realistic approach to the matter, abstracting the general philosophy
behind the proposals and implementing a programme within the limits
of the means and potential of the Organization. It was also clear
that the main objective of much of the work in this field would be
to encourage national bodies (public and private) to implement at
the national level guidelines drawn up within the Organization ;
the Council of Europe realizations as such should be kept to a
minimum for linguistic reasons, and on account of the various edu-
cational structures of the Member States.
13. Consequently, the Council of Europe's policy with regard to
human rights education has taken as its starting point the following
four major premises, whilst it is recognized that these four premises

167
constitute only the hard core of a much more extensive problem :
14. Firstly, at the level of university and post-university edu-
cation it is recognised that, given the very specific body of posi-
tive human rights law, there is still room to develop the teaching
of human rights as a legal discipline. However, such teaching should
be increasingly integrated into the teaching of the various sectors
of domestic law on which the provisions of the European Convention
and the case law of its organs have a direct or indirect bearing
(e.g. constitutional law, criminal law and procedure, administra-
tive law and civil liberties). Stress should be laid on the nation-
al, constitutional and legislative provisions relating to human
rights and the inter-relationship between them and the substantive
law of the Convention. This approach does not of course exclude the
development of human rights law teaching in the framework of public
international law courses or indeed as a specialised "autonomous"
discipline. However, it is felt essential that, if respect for
human rights and fundamental freedoms is to become a fact of society,
knowledge of the significance of human rights and the systems for
enforcing such rights (both national and European) should become an
integral part of the average law student's and future legal prac-
titioner's equipment. The teaching of human rights should thus be
practical in scope, underlining the relevance of human rights issues
to the day to day duties of a legal practitioner.
15. Secondly, there is a pressing need to include in the training
programmes of certain professional categories some practical teach-
ing about human rights. Indeed, those persons, who by their very
profession are called upon to deal with situations in which human
rights Issues are susceptible to arise or who are called upon to
respect such rights in the exercise of their functions, should ac-
quire in the course of their professional training an in-depth know-
ledge of, and in-bred instinct to respect, human rights. In most
cases abstraction has to be made of human rights as such in the
sense that teaching should lay stress on the professional ethics of
the different professions concerned (e.g. doctors, magistrates,
practising lawyers, members of the civil and military services, in
particular social workers, police officers and prison staff).
16. Thirdly, human rights constitute an important part of the civil,
social and moral education of young people and can therefore con-
tribute to the harmonious development of society through increased
understanding of and respect for, fellow human beings. The general
humanitarian philosophy underlying the human rights concept should
make its appearance at all levels of teaching including pre-school
and primary education. In respect of these levels of education, the
main preoccupation should be the socialization of children, so that
less importance is attached to human rights as a concept than to en-
suring that.humanitarian attitudes (mutual respect and tolerance)
underly the teaching of the various subject matters provided in
curricula. Similarly during the early period of secondary education
emphasis should be placed on the social, civic and moral education
of children ; only at the higher level of secondary education (e.g.
the last two years) should children be given a general initiation
into human rights as a body of positive law and into the machineries
of protection available to individuals at the national and European
levels. It follows that teacher training (both initial and refresher
courses) should be adapted accordingly ; pedagogic material should

168
also be adapted to eliminate bias, error and stereotypes and new
material developed in this respect.
17. Finally, general popularised information about human rights in
the European and national contexts serves a useful purpose by pro-
viding a preliminary initiation into the question and informs the
individual that he might have some recourse open to him in case of
violation of his rights. Such information should concentrate on
explaining in an easily understandable manner what is meant by
human rights and what recourses are open to the individual in cases
of alleged violation of those rights. In addition, this form of
mass information should be complemented by more sectorial informa-
tion about human rights adapted to the specific preoccupations of
different sections of society (e.g. migrant workers, trade unionists,
detainees, etc.), since sectorial information can more suitably
provide an educational framework in which the holder of rights is
made aware of his ensuing responsibilities vis-ã-vis his fellow
human beings.
18. Having expounded on the four basic premises which are at the
basis of the Council of Europe's global policy regarding human rights
education, it is useful, in order better to comprehend the precise
orientation of the Council of Europe's action in this field, to
outline briefly the essential features of the system instituted by
the European Convention on Human Rights. Indeed, it is important to
bear in mind the dominant features of this system when broaching
the problem of human rights education in European universities,
since the manner in which the teaching of human rights is integrated
into university curricula, and the scope of such teaching, is neces-
sarily influenced by the very specific body of positive law es-
tablished thereunder.

II. The European Convention on Human Rights : an international

judicial mechanism of control

19. The Member States of the Council of Europe, being profoundly

attached to the principles of individual freedom, political liberty
and the rule of law, which are at the very basis of any true demo-
cracy, have undertaken, in subscribing to the European Convention on
Human Rights, to secure to everyone within their jurisdiction, ir-
respective of nationality or place of residence, the rights and
freedoms defined in the Convention and, by extension, in Protocols
1 and 4. Observance of this undertaking is ensured by the enforce-
ment machinery set up by the Convention.
20. The purpose of this Convention is not to supercede national
systems for enforcing human rights, but to provide a supplementary
international guarantee. It follows from the undertaking subscribed
to that the rights and freedoms set forth in the Convention must be
guaranteed first and foremost by national legislation and practice
and that it is the duty of the national authorities to ensure that
persons within a Contracting State's jurisdiction effectively enjoy
those rights and liberties. The international enforcement machinery
set up by the Convention thus operates only when the national
guarantee fails.
21. For the most part, the rights and freedoms secured by the
Convention are of a civil and political nature, that is individual
rights derived from man's human dignity, e.g. right to freedom of
expression, assembly and association, right to life, right to free-
dom of thought, conscience and religion, etc.

169
22. Clearly, however, in order to maintain a balance between man's
full development as an individual and the protection of the prin-
ciples which must prevail in a democratic society, it may be neces-
sary to restrict the exercise of most of these rights and freedoms
for various reasons. The grounds for such restrictions may be :
public safety, national security, the economic well-being of the
country, public health, morals, the rights and freedoms of others,
the prevention of disorder or crime, or the protection of other
legitimate interests. Nevertheless, the restrictions which may be
imposed in respect of the various rights and freedoms are, as a
general rule, subject to the following conditions :
- they must be prescribed by law ;
- they must be measures "necessary" in "a democratic society"
- they may in no event be applied for any purpose other than
those for which they were prescribed (Article 18).
23. Furthermore, as regards the exercise of the freedoms of ex-
pression, assembly and association by aliens, and the prohibition
of discrimination, the Convention provides that the recognition of
such freedoms and prohibition does not prevent the Contracting
Parties from imposing restrictions on the political activity of
aliens (Article 16).
24. Finally, the Convention also permits derogations in time of
war or other public emergency to the extent strictly required by
the exigencies of the situation except as regards the right to
life, the prohibition of torture and slavery and of the retroactivity
of criminal law (Article 15).
25. The control mechanism, which is based on objective criteria
and entrusted to independent institutions, is international in
character and cannot therefore be brought into action until all
domestic remedies have been exhausted.
26. To exercise this control, a European Commission and Court of
Human Rights have been created. The Committee of Ministers of the
Council of Europe is also called on to intervene when a case is not
referred to the Court.
27. In the framework of this system of control, any alleged vio-
lation by a Contracting State of one of the rights or freedoms
secured can be submitted to the European Commission. To this end,
any Contracting State may lodge an application (State application)
according to the conditions set out in Article 24 of the Convention.
28. In addition, any person, group of individuals or non-govern-
mental organization may lodge an application (individual applica-
tion) with the Commission against any State within whose jurisdiction
he comes, provided that the State in question has recognized the
right of individual petition by express declaration (Article 25).
29. The first task of the Commission is to examine the admissi-
bility of applications under the conditions set out in Article 26
(State and individual applications) and Article 27 (individual ap-
plications) . The decision of the Commission on admissibility is
final and without appeal.
30. If the Commission accepts an application it examines the facts
and places itself at the disposal of the parties with a view to
securing a friendly settlement of the matter on the basis of respect
for human rights.
31. If no settlement is reached, then the Commission draws up a
report on the facts and states its opinion as to whether or not the
facts found disclose a breach of the Convention by the State con-
cerned. This report is transmitted to the Committee of Ministers of
the Council of Europe and remains confidential.

170
32. Following the transmission of the report and within a period
of thbee months, the case may be brought before the European Court
of Human Rights provided that the State(s) concerned has recognized,
by express declaration, the compulsory jurisdiction of the Court,
or, failing that, with the consent of the State(s) concerned
(Article 48) .
33. The right to bring a case before the Court lies only with the
Commission and the States concerned. An individual cannot bring a
case before the Court nor can he appear as a party before it.
34. The judgment of the Court is final and without appeal and is
binding on the State concerned. Its execution is supervised by
the Committee of Ministers. If need be the Court may afford just
satisfaction to the injured party.
35. If a case is not referred to the European Court of Human Rights
according to the procedure referred to above, the Committee of
Ministers of the Council of Europe decides, by a majority of two-
thirds of the members entitled to sit on the Committee, whether
there has been a violation of the Convention (Article 32 (1)) . It
may, where appropriate, prescribe a period during which the State
concerned must take the measures required by the Committee's de-
cision, and the Contracting States undertake to regard as binding
on them any decision taken by the Committee of Ministers in this
context.
36. It is clear from the above outline that the European Convention
on Human Rights has established a very specific body of positive
human rights law, a body of law which has been further developed
through the case law of its organs, the European Commission and
Court of Human Rights. As such, its potential as a rich subject
matter for the purposes of teaching in universities is without com-
parison as far as other international instruments for the protection
of human rights are concerned, and this explains why, as regards
universities in the Member States of the Council of Europe, the
European Convention on Human Rights has a privileged status in the
teaching of the international protection of human rights as well
as in the teaching of various domestic law subjects on which the
Convention and the case law of its organs has a direct or indirect
bearing.

III. Human rights education in European universities : the pre-

rogative of specialists ?

37. It is fair to say that the teaching of human rights - the

philosophical, legal, national and international aspects thereof -
is fairly developed in the law and political science faculties of
the Member States of the Council of Europe. This is probably due
to a certain identity of philosophical, politico-social and con-
stitutional traditions by which the principles of individual free-
dom and political liberty have become firmly entrenched in domestic
law. Further, the European Convention on Human Rights, by establish-
ing a body of positive human rights law, lends itself particularly
well to teaching by way of analysis of the norms contained therein,
by case law studies and by study of the inter-relationship between
the standards set forth in it and those national provisions re-
lating to the protection of human rights.
38. The extent to which human rights is taught in the law and
political science faculties in the Member States of the Council of
Europe was first made the subject of an enquiry carried out by the

171
Secretariat of the Council of Europe in 1965. It enquired, in
particular, whether the establishments in question organised courses
which covered the European Convention on Human Rights, or whether
the study of the European Convention was treated as a separate sub-
ject. In the former case, universities were requested to state what
such courses were, whether they were compulsory or optional, and how
much time was devoted to the European Convention. In addition, the
question was raised whether any seminars has been organized on the
subject of the Convention and whether there was any prospect that
seminars or courses would be organized in the future.
39. The results of this enquiry, relating to fifteen Member States
were encouraging. They revealed that the European Convention on
Human Rights was dealt with in courses on public international law,
international or European organization in seventy-nine universities
or institutes in thirteen Member States (Austria, Belgium, Denmark,
France, Federal Republic of Germany, Greece, Ireland, Italy, Nether-
lands, Sweden, Switzerland, Turkey and the United Kingdom). In five
establishments (three in Belgium, one in France and one in the
United Kingdom) the protection of human rights (and in particular
the machinery established under the Convention) was taught in a
separate series of lectures.
40. Whilst the first enquiry showed that the teaching of human
rights and, more particularly the international protection of human
rights through the machinery set up under the European Convention on
Human Rights, was finding roots in the curricula of numerous uni-
versities, the situation was still considered far from satisfactory.
Serious attempts were thus made by the Secretariat of the Council
of Europe to further encourage the teaching of human rights in uni-
versities by the preparation of publications designed to accompany
and facilitate such teaching, the organization of seminars and col-
loquies and the maintenance and development of informal contacts
with university circles. However, no formal sector of the programme
of intergovernmental action was provided for in this regard until
the Medium-Term Plan 1976-1980 was drawn up (see above paragraph 9 ) .
41. Conscious that the autonomy of universities should be res-
pected as regards their curricula and that general enquiries of the
kind described above do not lead to radical changes in curricula, the
Secretariat nevertheless proceeded to conduct a further enquiry in
Autumn 1977, mainly to review whether courses had been modified or
developed since the entry into force of the International Covenants
relating respectively to Civil and political Rights and Social,
Economic and Cultural Rights. It was also considered appropriate,
in the context of the thirtieth anniversary of the Universal Decla-
ration and the twenty-fifth anniversary of the entry into force of
the European Convention on Human Rights, to emphasize the importance
of the teaching of human rights, and, by reminding university
authorities of the aforementioned anniversaries, to provide the
stimulus for the further insertion of such teaching in curricula.
42. The enquiry involved 170 law and political science faculties
as well as institutes of international and European law in the then
nineteen Member States of the Council of Europe (Spain becoming a
member in November 1977) (1) and enquired of the state of teaching

(1) Austria, Belgium, Cyprus, Denmark, France, Federal Republic of

Germany, Greece, Iceland, Ireland, Italy, Luxembourg, Malta,
Netherlands, Norway, Portugal, Sweden, Switzerland, United
Kingdom and Turkey.

172
of the international protection of human rights (with particular
emphasis on the system established under the European Convention on
Human Rights) in these establishments.
The specific questions raised were as follows :
- whether the international protection of human rights was
taught as a specific course in the curriculum of each es-
tablishment, whether the course was compulsory or optional ;
which aspects were dealt with and how much time was devoted
to thesubject ;
- whether the international protection of human rights was
taught as part of other courses, which ones and what aspects
of the question were dealt with, whether the courses in
question were compulsory or optional and how much time was
devoted to them ;
- whether the international protection of human rights was
taught as a course or in a seminar in the establishment's
summer programme (where appropriate), what aspects of the
question were dealt with and at what level (undergraduate or
post-graduate), and how long did the course last ;
- whether dissertations or theses had been, or were being
written by students on specific aspects of the international
protection of human rights and what were the subjects dealt
with ,-
- whether extra-curricula colloquies, seminars or lectures had
been organized and to whom were they directed (lawyers, other
students, general public, etc.) ;
- whether the international protection of human rights was
likely to be taught (where appropriate) ; whether it would
be taught as a specific course or as part of an existing
course ;
- whether there was any intention of organizing lectures or
other events to mark the thirtieth anniversary of the Uni-
versal Declaration on Human Rights and the twenty-fifth anni-
versary of the entry into force of the European Convention on
Human Rights ;
- whether the documentation on the international protection
of human rights was adequate in each establishment and whether
the Council of Europe's Secretariat could be of any assist-
ance in this respect.
43. As must be expected with regard to enquiries of this kind, the
response was approximately fifty percent, relating to some eighty
law and political science faculties and specialized institutes in
respect of the following fourteen Member States : Austria, Belgium,
Denmark, France, Federal Republic of Germany, Iceland, Ireland,
Italy, Malta, Norway, Netherlands, Sweden, Switzerland and the
United Kingdom.
A numerical breakdown of replies received reveals,in decreasing
order, the response to the questionnaire (2) as follows : United
Kingdom (18); Federal Republic of Germany (17) ; France (13) ;

(2) This may be misleading since, for example, only one reply was
received in respect of Malta and Iceland, there being only one
university establishment in those Member States. No reply was
received in respect of Luxembourg, since there is no establish-
ment providing a complete university cycle of studies.

173
Austria (5) ; Belgium (5) ; Italy (5) ; Ireland (4) ; Netherlands
(3) ; Switzerland (3) ; Denmark (2) ; Norway (1) ; Iceland (1) ;
Malta (1) ; Sweden (1) .
44. Insofar as no replies were received in respect of a number of
Member States, it is evident that a scientifically complete and ac-
curate stock-taking of the state of teaching of human rights in the
universities of Member States cannot be provided. Nevertheless, in-
asmuch as the results of the enquiry can be considered as indicative
of a certain trend regarding the teaching of human rights, then the
results of this enquiry do provide a general picture of the situa-
tion in Member States as a whole, situation which on analysis is
not too discouraging although there is ample room for improvement.
45. Tabular breakdowns of the various replies are reproduced in
the Appendices to this paper as follows :
- Annex I contains a list of establishments (on a country by
country basis) in which specific courses on the international
protection of human rights are organized. It indicates the
nature of the course (optional or compulsory) and the prob-
lems dealt with.
- Annex II contains a list of establishments in which the inter-
national protection of human rights (or aspects thereof) is
dealt with in the framework of existing courses. Those
courses and their optional or compulsory character are like-
wise indicated.
- Annex III contains a list of establishments where extra
curricula summer programmes or other events (seminars, etc.)
dealing, inter alia, with human rights have been or will be
organized, and finally those establishments having mani-
fested their intention of inserting or further developing
the teaching of human rights in their curricula.
46. An analysis of these tabular breakdowns of replies permits a
number of conclusions to be drawn regarding the general pattern of
human rights teaching in Member States. These conclusions are sum-
marized hereafter according to a number of key keadings.

The international protection of human rights as an "autonomous"

discipline

47. Although the international protection of human rights may be

taught within the context of a specific course of lectures, this
does not necessarily imply that the subject can be considered as
an "autonomous" discipline. Indeed, to justify such an apellation
human rights courses should, in strict terms, be compulsory and
lead to the obtention of an academically recognized human rights
diploma or other title, but this is the case in only one university
and merely on an experimental basis (3). Broadly speaking, however,
the fact that the international protection of human rights is
taught within the framework of a specific course of lectures, is il-
lustrative of a tendancy to consider the subject as a mature, in-
dependent domain of reflection and studies and no longer an appendage
to the traditional teaching on public international law.
48. The rapid development in the number of specific courses of
lectures on the international protection of human rights reflects
this tendancy. As compared with the first enquiry in 1965, where

(3) University of Besançon (France) : "3rd cycle" course (i.e. post-

graduate) for the diploma D.E.A. in human rights.

174
only five establishments offered such courses, the 1977 enquiry re-
veals that twenty-six establishments now provide specialized courses
on the subject in six Member States (Austria, Belgium, France,
Federal Republic of Germany, Netherlands and the United Kingdom).
49. This development is due firstly to the increasing number and
diversity of international instruments now in force relating to the
protection of human rights and suitable for analytical and compara-
tive studies. Further, in the case of the European Convention on
Human rights for example, its organs have now built up a substantial
body of case law, enabling teachers and students to effect case law
studies and thereby study the practical scope of the norms contained
in the Convention and their relevance to domestic law. Another ele-
ment of this development is most certainly the importance attached
in recent years to human rights as a factor of international re-
lations, again highlighting the practical purport of the whole
question and thus attracting a wider spectrum of lawyers and poli-
tical scientists than the small core of specialized legal techni-
cians.
50. The above reasoning is supported by the scope of the teaching
and the subject dealt with in those specialized courses. It is
self-evident that the machinery established under the European
Convention on Human Rights and the case law of its organs forms a
major part of all those courses, followed closely by the Inter-
national Covenants on Civil and Political Rights and social, Eco-
nomic and Cultural Rights (particularly the former). Five estab-
lishments also deal with the issues resulting from the 3rd Basket
of the Final Act of the Conference on Security and Co-operation in
Europe (Helsinki Final Act) ; three others include extensive study
of the developments in the European Communities regarding funda-
mental rights ; finally, three establishments refer to the role
of non-governmental organizations in relation to the protection of
human rights, and one establishment dispenses teaching on humani-
tarian law in conjunction with the international protection of
human rights.
51. Most of these courses concern exclusively the international
aspects of the protection of human rights but in Austria, the
Netherlands and the United Kingdom the national aspects are also
dealt with through the study of the impact of the European Con-
vention on Human Rights - its provisions and the case law of its
organs - in the domestic legal order.
52. As to the compulsory or optional character of the teaching
dispensed, in the majority of cases the course is optional. In
some establishments this is determined by the overall specialisation
chosen by the student with the result that in only five establish-
ments (in four of them the course is for post-graduate students)
the course is compulsory in all cases. It would be erroneous to
conclude by this that the optional character of the majority of the
courses offered is the manifestation of a general sentiment that
the teaching of human rights is an ancillary aspect of curricula; on
the contrary, the modern tendancy in most European universities
is to provide only a small core of compulsory courses which form
the elementary training of the future lawyer, leaving the choice of
the other subject-matters to the student in the light of his pre-
dilection for one or another branch of law. Further, given the
relatively few professional outlets for specialists in human rights
it would be unrealistic to provide that in all cases the teaching
of the international protection of human rights should be compulsory.

175
 The protection of human rights as an "integrated" discipline

53. For many years teaching about human rights was considered as a
secondary aspect of two major topics : constitutional law and public
international law. Little consideration was given to the relevance
of human rights to other branches of law such as criminal law and
procedure and administrative law where human rights issues most
certainly arise in the day-to-day application of the law. Conse-
quently, the teaching about the protection of human rights (both
the national and international aspects thereof) was cut off from
those fields of law where the student could actually grasp the
practical import of the problems at issue.
54. The 1977 enquiry reveals the strength of this traditional line
of thought. Although the teaching about the protection of human
rights is more fully developed today than in 1965 in the sense that
such teaching is dispensed in the context of a greater variety of
subject-matters, the vast majority of establishments still only pro-
vide such teaching in the context of public international law and/or
public liberties and constitutional law. Of the 62 establishments
purporting to teach about the protection of human rights, 48 dis-
pense such teaching in the framework of courses on public inter-
national law ; 14 in the framework of constitutional law ; 8 in the
framework of public liberties ; 13 in the framework of international
and/or European institutions and, with the rapid development of
European law, 8 establishments dispense some teaching on the subject
in the context of courses on various aspects of European law.
55. The fact that a number of establishments provide some teaching
on the protection of human rights in the context of several of the
courses mentioned above is, in itself, an encouraging development.
It illustrates the recognition by the authorities concerned of the
"polyvalence" of human rights teaching. Nevertheless, as the replies
to the enquiry clearly show, the number of other subjects in which
the protection of human rights is dealt with is relatively small
taking account of the substantial body of positive human rights law
established under the European Convention on Human Rights. Thus,
for example, four establishments offer some teaching on human rights
in the framework of courses on criminal law ; two in the framework
of labour law ; one in the framework of civil law ; one in the
framework of information law ; one in the framework of philosophy
of law ; three in the framework of political theory and three in
the framework of international relations.
56. In most instances the information provided has been too general
in character to permit a precise breakdown of the specific aspects
of the protection of human rights dealt with in the framework of
each course. From the replies in which some specification was
given, the European Convention on Human Rights is accorded priority,
at least as far as the international protection of human rights is
concerned, followed by the Universal Declaration and the Inter-
national Covenants. The American Convention on Human Rights, the
Helsinki Final Act and the issues arising therefrom, the develop-
ments in the European Communities in respect of fundamental rights
and other developments in the United Nations framework would also
seem to be spasmodically referred to. As far as the national as-
pects of the protection of human rights is concerned, there is an
emerging tendancy to study the relationship between the provisions
of the European Convention on Human Rights and national constitu-
tionally guaranteed provisions to the same effect, as well as the
impact and the application of the Convention in domestic law.

176
57. Regarding the compulsory or optional character of the courses
in which this teaching is offered, this is necessarily dependent on
the character of the course itself and the university system es-
tablished in the country concerned. In the Federal Republic of
Germany and the United Kingdom, for example, most of the courses
dealing with public international law are optional whereas in
Austria and Denmark these would appear to be compulsory. In France
these courses are compulsory or optional according to the speciali-
zation chosen by the student. In the case of constitutional law
and public liberties, as a general rule these are compulsory sub-
jects, whereas European law, international and/or European insti-
tutions are optional.
58. Contrary to what has been said above with regard to the com-
pulsory nature of specific courses on the international protection
of human rights (paragraph 52), it would seem desirable and even
necessary to integrate teaching about the protection of human
rights into courses of a compulsory character, in order that basic
knowledge of human rights issues and the means of redress available
becomes an integral part of the training of young lawyers, many of
whom may, as legal practitioners, be called upon to deal with situa-
tions in which such rights have been violated. This line of reason-
ing is, moreover, in accordance with what has been stated above with
regard to the topics in which such basic human rights teaching
should be administered (paragraphs 53 and 59). More stress should
be laid on the relevance of human rights to those aspects of domes-
tic law where, in the day-to-day application of the law, human
rights might be endangered, and teaching should accentuate, by way
of case law studies (e.g. of the case law of the organs of the
European Convention on Human Rights), the practical aspects of the
protection of human rights. Similarly, as far as the international
protection of human rights is concerned, the time has come to mbve
away from lengthy theoretical studies and to examine how, in prac-
tice, the international recourses may be put into operation and how
the organs responsible for ensuring the respect of human rights
proceed with their task.

Extra-curricula manifestations on the protection of human rights

60. The extent to which extra-curricula manifestations focussing

on the protection of human rights are organized (seminars, collo-
quies, conferences and lectures), whilst outside the scope of teach-
ing in the formal sense, is indicative of the interest attached to
the subject and is often a prelude to the insertion of formal teach-
ing in curricula. In addition such manifestations can, by their
open character, reach a wider public of non-specialists and have a
greater impact on students by reason of the less rigid, non-pedagogic
manner in which problems are expounded. For these reasons, it is
useful to take account of such manifestations when assessing the
extent to which human rights are taught in universities.
61. The 1965 enquiry was inconclusive as regards this question with
the result that a comparative study of development in this respect
is not possible. Äs regards the 1977 enquiry, a number of establish-
ments replied only to the first two questions dealt with above, but
it may be assumed that if special extra-curricula evants were or-
ganized they would have been indicated.
62. Ä S far as colloquies, seminars and lectures are concerned,
twenty-nine establishments have organized events of this kind. In
fifteen instances such events have been organized on only one oc-

177
casion, often in order to celebrate an anniversary of either the
European Convention on Human Rights or the Universal Declaration,
and were for the most part seminars and colloquies dealing with a
particular aspect of the international protection of human rights.
In the other fourteen cases, two establishments purport to have
supported by various means the organization of colloquies and
seminars by non-governmental organizations but not to have taken
the initiative themselves ; in six cases public lectures are re-
gularly organized on specific aspects of the protection of human
rights (national and international), in one instance special post-
graduate seminars for European and non-European students are re-
gularly held and finally in five establishments seminars and
colloquies on a large scale are organized on a regular basis. (4)
63. In many respects the information supplied was inadequate to
determine the public englobed by such events. In the absence of
any specification one assumes that the majority of these manifesta-
tions were addressed to academic legal circles, although an encourag-
ing number of replies indicated that numerous lectures and some
conferences had been organized for the benefit of lawyers, non-
lawyers and the general public as a whole. In one instance, for
example, the establishment in question organized a Human Rights
Symposium on the occasion of International Human Rights Year in col-
laboration with the local municipal authorities.
64. Regarding special manifestations in view of the thirtieth anni-
versary of the Universal Declaration of Human Rights and the twenty-
fifth anniversary of the entry into force of the European Convention
on Human Rights, sixteen establishments have expressed their in-
tention of organizing anniversary events. In some cases this was
made conditional on obtaining material or other assistance on the
part of the Council of Europe (provision of lecturers, documentation
and grants). Whether such events, ranging from symposia to public
lectures, are materialized is a question which the Secretariat can
with difficulty verify, but it may be assumed that in the majority
of establishments protects will be carried through.
65. These figures clearly indicate that much has yet to be done to
stimulate academic interest in the protection of human rights out-
side the strict bounds of university law curricula, and that inter-
national organizations working in the field of human rights can
provide the impetus for the organization of extra-curricula activi-
ties, particularly in those countries where to date the tradition
of symposia, seminars and conferences is not very strong, by pro-
posing various forms of assistance and collaboration for the reali-
zation of projects, but above all, by reinforcing contacts on an
informal basis with university circles.

Research

66. The extent to which research is undertaken on aspects of the

protection of human rights (national and international) is also in-
dicative of whether or not the subject is considered as an inde-
pendent, mature field of reflection and studies. It can, therefore,
contribute towards providing an overall picture of the status ac-
corded to human rights as a discipline in European university
curricula.

(4) Two in Belgium, two in France and one in the Federal Republic
of Germany.

178
67. Here the situation is similar to that of extra-curricula mani-
festations since the 1965 enquiry provides no indication on the
subject. It is thus difficult to measure in a precise manner the
rate of development of human rights research over the past years.
In these circumstances, and in view of the fact that the Secretariat
does not dispose of comparative statistics regarding other fields
of research, only a very schematic overview of the situation can
be exposed.
68. At first sight the research situation would appear fairly
satisfactory as compared with the status of, and time reserved for
human rights teaching in law and political science faculties. Here
"human rights" must be understood in a very broad sense since the
topics communicated vary from the study of a very specific aspect
of the machinery established under the European Convention on
Human Rights to the problems relating to minorities, asylum, con-
scientious objection, women's rights, apartheid and freedom of
movement. Similarly, the term "research" should also be understood
in a wide sense, since many topics communicated were not being re-
searched with a view to a doctoral thesis. In fact, in several
instances research was being carried out for an initial post-
graduate diploma and in others merely as part of the undergraduate
university course (5).
69. As a result, lengthy research on human rights in the sense of
doctoral theses is less developed than the statistics might mis-
leadingly reveal. Indeed, forty-five establishments indicated that
research had been effected on a given aspect of the international
protection of human rights or human rights problems in general.
In twenty-one establishments doctoral theses had been prepared or
were in preparation ; in seventeen dissertations had been or were
being prepared ; in three cases collective works had been realized
and in a further eight cases the kind of research carried out was
not specified. In several instances, however, only one thesis or
dissertation had been prepared within the establishment concerned.
70. Whilst lengthy research is important for the further develop-
ment of a field of studies and reflection like human rights, the
fact that much of the research communicated was effected at a level
inferior to doctoral theses should not be considered a discouraging
factor as regards the development of human rights as a discipline
("autonomous" or "integrated"). On the contrary, since the teach-
ing of human rights is very rarely dispensed as a compulsory ele-
ment of curricula, the number of undergraduate and initial post-
graduate dissertations on the subject is'indicative of the desire,
by the fraction of students having chosen this option within the
curriculum,1 to further develop on an independent basis their know-
ledge of the subject or a particular aspect thereof. Moreover, in
view of the vast scope of human rights as a subject-matter, the
system of undergraduate and initial post-graduatë dissertations
would seem to be an appropriate alternative to the traditional
examination normally undertaken on completion of a cycle of studies.

(5) For example, in the United Kingdom stress is laid on indivi-

dual research by undergraduates and dissertations often replace
the traditional final examinations for a university degree.
This is particularly the case where optional courses are
concerned.

179
 Documentation

71. Since teaching must be backed up by adequate documentation,

the Secretariat thought it useful to enquire of the state of human
rights documentation in the various establishments contacted. The
question was raised in a general manner, i.e. whether these esta-
blishments disposed of adequate documentation on the subject and
whether they would be interested in obtaining a list of Council of
Europe documents and publications (gratuitous and non-gratuitous) in
this field.
72. Again it is difficult to provide more than a rough estimation
in this regard since replies varied from a straightforward negative
or affirmative to lengthy lists of existing documentation. However,
over fifty percent of the establishments were interested in re-
ceiving information on Council of Europe documents and publications
(another twenty-five percent was already in possession of this list
and received on a regular basis all such documents) and, in several
instances, specified the kind of documentation they were particular-
ly keen to acquire. The majority of these establishments also re-
quested to be placed on the "mailing list" of the Secretariat in
order to receive on a regular free-of-charge basis all public
documents on the subject (press releases on cases pending before
the organs of the Convention, reports and resolutions, periodic
reviews, proceedings of colloquies, etc.). Logically these requests
should have been followed through in order to determine how many
establishments, having once received the list of documents and publi-
cations, actually made specific requests. Administratively this has
not been possible since it would have necessitated contacting the
sales departments of the various external publishing companies
responsible for major publications (e.g. Yearbook of the European
Convention on Human Rights, the publications of the European Court
of Human Rights, the Travaux Préparatoires of the European Convention
on Human Rights, etc.).
73. From the interest manifested in obtaining literature and docu-
mentation about human rights, it might be inferred that the docu-
mentary situation is still far from adequate, although the majority
of the establishments requesting the list of Council of Europe
documents claimed generally to be satisfied with their human rights
documentation. It is a fact, however, that much of the documenta-
tion prepared by international institutions working in the field
of human rights is only available in a limited number of languages,
thereby rendering that documentation inaccessible for the average
student, researcher or academic. This perhaps explains why, judging
from the lengthy lists of documents supplied by some establishments,
basic works concerning the European Convention on Human Rights such
as the Yearbook of the European Convention on Human Rights, the
Collection of the Decisions and Reports of the European Commission
of Human Rights and the publications of the European Court of Human
Rights are not acquired in several countries, although they con-
stitute the hard core of documentation indispensable for the teach-
ing of the international protection of human rights on the European
level. Clearly, therefore, efforts will have to.be concentrated in
the future on firstly, ensuring that adequate publicity is given to
existing material available from international institutions and
secondly, providing more manageable documentation in as many lan-
guages as possible.

180
 General conclusions on the situation of human rights education
in European universities

74. The general conclusions to be drawn from this overview of the

different aspects of the teaching of human rights in the law and
political science faculties in the Member States of the Council of
Europe are as follows :
75. The teaching of human rights as an "autonomous"discipline
has undergone a rapid development since 1965 and is likely to con-
tinue in the next few years in view of the growing importance at-
tached to human rights as a factor of international relations.
Human rights have thus become fashionable and, as an independent
subject-matter in curricula, will probably attract a wider spectrum
of students. For the time being, however, there is still a tendancy
to consider human rights from the purely international angle and as
the preserve of those specializing in international law. Much has
yet to be done to develop the teaching of the national aspects of
the protection of human rights within the framework of the specific
courses organized and to encourage the average lawyer and political
scientist to develop his knowledge of the subject.
76. It is unlikely, however, that human rights will ever become a
truly autonomous discipline on a widescale basis in the sense that
academically recognized human rights diplomas or other titles will
be obtained on completion of a compulsory course of human rights
studies. This is the case in only one university in France and has
been introduced on an experimental basis. But the introduction of
specific courses of lectures on the protection of human rights will
continue judging from the number of establishments intending to in-
troduce such courses, on an optional basis, as from 1978/1979 (six
in all).
77. Specific courses of lectures on the international protection
of human rights are for the most part optional in character, and,
until such time as an equal.emphasis is put on the national aspects
of the protection of human rights within the framework of these
courses, it would seem preferable to maintain their optional charac-
ter in the future.
78. Similarly, the teaching of human rights as an "integrated"
discipline has undergone a parallel development since 1965. This
is apparent from the total number of universities and institutes
replying to the 1965 and 1977 enquiries. Indeed, in 1965, thirty-
nine establishments stated.that the protection of human rights
formed part of a course on public international law and interna-
tional or European organizations but did not reply to the 1977 en-
quiry. The remaining forty establishments replying to the 1965
enquiry also replied to the 1977 enquiry to the same effect. Even
assuming that there have been slight modifications in curricula
over the past thirteen years this would nonetheless mean that over
a hundred universities or institutes dispense to a greater or lesser
extent some teaching on the protection of human rights in the
framework of various courses of studies in their curricula.
79. As in the case of specific courses of lectures on the inter-
national protection of human rights there is still a strong tendancy
to consider the subject an appendage to the teaching of interna-
tional law or international or European organizations, although
there is an emerging tendancy to insert some teaching on the pro-
tection of human rights within the context of courses on various
aspects of domestic law (penal law in particular). This tendancy
should be encouraged to the fullest extent and a particular effort

181
made to ensure that textbooks on the relevant sections of domestic
law are modified accordingly.
80. Since such teaching is for the most part dispensed in the con-
text of public international law, and since in several Member States
this does not form part of the compulsory curriculum, in most cases
teaching on the protection of human rights is optional. It is in-
creasingly apparent, however, that knowledge of human rights issues,
and the national and international recourses against alleged vio-
lations of such rights, should become an integral part of the train-
ing of all young lawyers. Efforts should thus be made to integrate,
where possible, some teaching on the subject within the context of
compulsory courses on the relevant aspects of domestic law and to
emphasize the practical aspects of the implementation of national
and international human rights norms (e.g. by case law studies).
81. As regards the organization of extra-curricula activities
in which attention is focussed on particular aspects of the pro-
tection of human rights, there would appear to be an unsustained in-
terest in human rights issues outside the strict bounds of curricula,
the instances where colloquies or seminars are organized on-a re-
gular basis are few and concentrated in three Member States alone.
Here international organizations have a potentially important role
to play in encouraging, through various forms of material assist-
ance, the organization of such activities on a more regular and
widescale basis, and thereby promoting the interest of a wider
public than the small core of specialists habitually taking part in
such activities.
82. The research situation would seem to be fairly encouraging al-
though much of the research effected is situated at a level in-
ferior to the doctoral thesis. The utilization of the system of
undergraduate and initial post-graduate dissertations would appear
to be a particularly appropriate alternative to the traditional
examination in the case of human rights. Given the scope of the
subject-matter and in view of the fact that in the majority of
cases human rights teaching is not a compulsory part of curricula,
this system would seem to enable those students already manifesting
an interest in the question to develop their knowledge of particular
aspects of the protection of human rights according to their pre-
dilection.
83. Lastly, it is most probably at the level of documentary material
that efforts should, in future, be concentrated, since teaching
alone is insufficient unless supported by suitable documentation.
In particular, basic works on the protection of human rights
(national, universal and European) should be available in all es-
tablishments where some teaching on the subject is dispensed. In
this respect too, international organizations working in the field
of human rights can do much to promote the acquisition of such docu-
mentation,' to ensure that it is accessible to the average academic,
researcher and student alike, and to prepare specific documentation
to accompany or facilitate the teaching of human rights.
84. As a final conclusion on the overall situation of human rights
education in the law and political science faculties of Member
States, it may be said that the teaching of human rights is now
firmly rooted in curricula, but that such teaching is still con-
sidered generally to be the exclusive reserve of those few lawyers
specializing in international law or having opted for international
or European studies. The teaching of human rights continues there-
fore to remain outside the purview of courses designed for the
average lawyer intending to take up legal practice within the purely

182
national context. Consequently, an artificial distinction is
created between the international and national aspects of the pro-
tection of human rights where, in the European context, the inter-
relationship between the two is of prime importance.
85. The Council of Europe, being conscious of these defects, has
recently undertaken a number of activities aimed at remedying them
and promoting human rights education in universities along the
lines set out in paragraphs 14 and 15 above. Consideration will
now be given to those activities and to possible future actions in
this regard.

IV. Human rights education at university and assimilated levels

and the Council of Europe : current efforts and future per-
spectives

86. As set out above at paragraphs 14 and 15, the Council of

Europe's action regarding the teaching on human rights at university
and assimilated levels is based on the principle that if respect
for human rights and fundamental freedoms is to become a fact of
society, then knowledge of the significance of human rights and
the systems for enforcing such rights (both national, universal
and European) should become an integral part of the average law
student's and future legal practitioner's equipment. The teaching
of human rights should thus be practical in scope and underline the
relevance of human rights issues to the day-to-day duties of a legal
practitioner. Further, those persons who by their very profession
are called upon to respect human rights when carrying out their
duties, should acquire in the course of their professional training
thorough knowledge of human rights issues and an in-bred instinct
to respect them. In these cases it is not so much a question of
teaching human rights as a legal discipline, but of putting across
the humanitarian principles underlying the European conception of
human rights (e.g. for doctors, magistrates, practising lawyers,
members of the civil and military services, etc.).
87. It is also conceded that the philosophy underlying the Euro-
pean conception of human rights and fundamental freedoms, and even
the system established under the European Convention on Human Rights,
is not without relevance to the teaching of other disciplines at
the university level and assimilated levels of training (e.g. philo-
sophy, history, sociology, international relations and geography,
etc.), but the precise approach to be adopted with a view to en-
couraging more widespread references to human rights in the context
of these disciplines has yet to be determined. It is also felt that,
in comparison with the teaching of human rights as a legal disci-
pline and of professional ethics in the training of certain key
professions, this question is somewhat secondary on the list of
priorities.
88. The 1977 enquiry on the state of teaching.of human rights in
the law and political science faculties of Member States was, as
indicated above (paragraph 41) not only intended as a survey of the
general situation, but also as a stimulant to the competent autho-
rities to further develop both curricula and extra-curricula acti-
vities regarding the protection of human rights. It was felt that
the celebration of the two human rights anniversaries served as an
apposite occasion to remind such authorities of the increasing im-
portance attached to the respect of human rights in the application
of domestic law and as a factor of international relations.

183
89. The responses to this enquiry having been dealt with in some
detail above, suffice it to say that, as a result, numerous special
anniversary events will be held in 1978 and that, as from the aca-
demic year 1978/1979, six new specific courses of lectures on the
international protection of human rights will be introduced. In
addition, numerous requests for documentation and other forms of
material assistance arose from the enquiry such as the provision
of lecturers, invitations to organize jointly colloquies and semi-
nars and requests for financial assistance. The Secretariat has
done its utmost, where possible, to meet those requests and will
continue to do so in the future when such requests are renewed.
90. Perhaps one of the most important results of this enquiry,
insignificant though it may seem at first sight, has been the es-
tablishment and reinforcement of informal links with university
circles. This has so far enabled a reciprocal flow of information
between the Secretariat and those circles concerning various as-
pects of the international and national protection of human rights
and should provide the springboard for future Council of Europe
actions to promote the development of the teaching of human rights
in universities.
91. It is obvious that the autonomy of universities must be res-
pected as regards their curricula and that, therefore, the formal
efforts to be deployed by a regional international organization,
like the Council of Europe, to promote such teaching are fairly
limited. The extent to which human rights teaching will be
developed will thus depend a great deal on how enticing the intro-
duction of such teaching is made to appear to the authorities com-
petent to decide on changes in curricula. This presupposes, first
and foremost, the maintenance of close contacts with university
circles and in particular with the professors favourable towards
the development of such teaching ; the free flow of information
on a regular basis from the Secretariat to those concerned and vice
versa ,- the preparation of adequate documentary and teaching material
and the widescale dissemination thereof, in addition to the pro-
vision of material and other forms of assistance for the organiza-
tion of both curricula and extra-curricula activities relating to
the protection of human rights.
92. Turning first to documentary and teaching material, the Council
of Europe's Secretariat is in the process of implementing, or has
just implemented several projects designed for the purposes of
teaching as follows (6) :
- The edition of a second volume of the already existing
Digest of the Case Law relating to the European Convention on
Human Rights covering the period 1968-1978. This Digest groups the
case law of both the Commission and Court according to subject
matter and articles of the Convention. The second volume will con-
tain an elaborate index relating to both volumes. A digest of this
kind is indispensable for students, academics and practising law-
yers alike and should therefore be translated into several languages'.
Publication is foreseen in Spring 1979.

(6) These projects are in addition to the already extensive list of

Council of Europe documents and publications in the field of
human rights, the majority of which are brought up to date on
a regular basis. This list may be obtained free of charge
from the Directorate of Human Rights, Council of Europe, Place
Lenôtre, F - 67006 Strasbourg Cedex.

184
 - A publication entitled "Human Rights in International Law :
Basic Texts" has recently been made available. It contains the
European Convention on Human Rights and Protocols, the European
Social Charter, the American Convention on Human Rights, the
Universal Declaration of Human Rights, the two United Nations
Covenants and the protocol to the Covenant on civil and political
Rights, the United Nations Declaration and International Convention
on the Elimination of All Forms of Racial Discrimination as well as
the Vienna Convention on the Law of Treaties. It is planned to
elaborate further on this basic textbook in the near future.
- A Casebook retracing all the cases brought before the Euro-
pean Court of Human Rights or the Committee of Ministers or which
have led to a friendly settlement is in preparation. This Casebook
is intended as a handy guide to the law student who has neither the
time nor the predilection to study the case law in depth. Publi-
cation is expected in 1979/1980.
- A series of "Human Rights Files" dealing each with a parti-
cular aspect of the protection of human rights is in preparation.
Most of the files will group together the case law of the Com-
mission and/or the Court on a given problem (e.g. the notion of
"victim" under Article 25 of the Convention, the means of proof
before the organs of the Convention). They will be realised in
roneo-form and will be up-dated on a regular basis. Their inten-
tion is to provide an easy source of consultation for academic,
researcher, law student and legal practitioner on a given aspect
of the system established under the European Convention on Human
Rights.
- Pocket-size editions of the European Convention on Human
Rights have recently been published in English, French and German.
It is planned to publish Italian and Spanish editions in 1979.
- A publication entitled "What is the Council of Europe doing
to protect human rights?" has recently been made available. It is
addressed mainly to students who are not lawyers (although for a
beginner it is a useful primary source of literature on the sub-
ject) and explains the activities of the Council of Europe in the
field of human rights as a whole. A chapter is devoted to the
European Convention on Human Rights and a second to the European
Social Charter. The third chapter covers the whole spectrum of ac-
tivities directly and indirectly concern'ed with the protection and
development of human rights.
- A revised version of the Model Lesson on a more flexible but
detailed basis. It will be intended mainly for initiating universi-
ty students in the question of human rights.
- Finally, since stress should be laid on the impact of the
case law of the Convention's organs on domestic law (independently
of the question whether the Convention is or is not directly applic-
able) a series of specialized handbooks will be realized, as from
1979, on the Convention in relation to specific aspects of domestic
law (penal law, administrative law, etc.). It is hoped that this
realization will encourage the writers of domestic law textbooks
to include appropriate references to the provisions of the Con-
vention and to the case law of its organs.
93. It would, of course, be a rather arrid exercise to develop
new documentary and teaching material without considering the ways
and means of disseminating such material. In the framework of an
Organization composed of twenty Member States in which a total of'
fourteen different languages are used, this is an extremely im-
portant and delicate problem with considerable financial implica-

185
tions. If such material is to have any impact it has first to be
available in those fourteen languages. In budgetary terms this
represents an extremely heavy burden and to date, it has to be con-
ceded, little progress has been achieved. Whether any progress will
be made in the future will necessarily depend on the.willingness
of Member States to accept this increased financial burden. Ä
similar problem also exists with regard to dissemination properly
speaking, since the Council of Europe is almost exclusively de-
pendent on national bodies (both public and.private) for the dis-
tribution of the material it has produced, but it is becoming
increasingly apparent that, just like any commercial publication,
recourse will have to be had to commercial advertisements in the
main legal reviews (both national and.international), newspapers
and educational journals in order to bring to the attention of
those concerned the existence of certain basic works indispensable
for the teaching of human rights in the European framework.
94. Another modest solution to the documentation problem will be
instituted as from 1979. In addition to providing documentation on
request and advertising such documentation, a system of "Human
Rights Depository libraries" will be set up in each Member State.
In the first year one university or institute or documentation
centre (depending on the facilities available in each Member State)
will be chosen as a "Depository library" in each Member State to
receive automatically all documentation of the Council of Europe,
gratuitous and non-gratuitous, concerning human rights. It is also
envisaged to provide such libraries with documents - often indis-
pensable for academics and researchers - on subjects no longer
under study within the Council of Europe, as well as a modest sum
for the purchase of scientific works on human rights. The purpose
of such action is to ensure that in each Member State there exists
at least one recognized centre of documentation where students,
teachers and researchers alike know they can obtain the information
they require on a particular aspect of human rights. It is hoped
that such centres will serve as a kind of information office for
each Member State as well as providing facilities for the consulta-
tion and borrowing of the documentation in question. Once estab-
lished the system will be extended so that several centres per
Member State provide these facilities.
95. Äs regards other forms of assistance, apart from providing
lecturers and organizing jointly with universities colloquies and
seminars (in addition to those it organizes on its own initiative
or with the collaboration of the national authorities), the Council
of Europe has instituted since the beginning of 1978 a modest grants
scheme tor the benefit of post-graduate research or teaching insti-
tutes specializing in, or dealing in a substantial manner with human
rights. In past years numerous requests for financial assistance
were received for the realization of specific projects relating to
human rights but, apart from the International Institute of Human
Rights in Strasbourg, no such assistance was provided for. Thus in
1978 modest grants have been awarded to seven institutes for pro-
jects ranging from the realization of a commentary on the Convention
to the organization of a special post-graduate course on human
rights. As from 1979 this action will probably be stepped up in
order to cover an increased number of institutes and to award more
substantial grants.
96. It is conceded that the current activities described above are
rather modest in character, but, once implemented on a firm basis
it can be expected that they will be developed. However, whatever
efforts are deployed in future to further develop the insertion of

186
the teaching of human rights in university and post-university
curricula, it is evident that such efforts cannot realistically
go much beyond the development of guidelines or model programmes
which the competent authorities may implement in a manner most
suited to their own university system. It is in this direction
therefore that the Council of Europe's efforts will be concentrated
in the future.
97. In the more specific field of studies and research on human
rights, the Steering Committee for Human Rights has recently adopted
the text of a draft Committee of Ministers Resolution containing
regulations for Council of Europe fellowships for studies and re-
search in the field of human rights. The institution of this
scheme is subject to the approval of the Committee of Ministers in
the course of 1978, but it is envisaged that the scheme will become
operative as from 1979.
The scheme, as compared with other Council of Europe fellow-
ship schemes, has several interesting features designed to ensure
that the maximum profit is gained from the scheme from the point
of view of both researchers and the Council of Europe, as follows :
- provision is made for both legal and inter-disciplinary
studies ;
- fellowships may be individual or carried out by a group of
researchers (e.g. inter-disciplinary studies) ;
- studies may be carried out and reports drawn up in any of
the official languages of the Member States of the Council
of Europe and not merely in the official languages of the
Organization ;
- in all cases a summary of the study report must be furnished
in one of the official languages of the Council of Europe
(English and French) ;
- the Secretary General of the Council of Europe may, at the
proposal of the Steering Committee for Human Rights, de-
termine those research topics of particular interest to the
Organization and, if so, must reserve a number of fellow-
ships for those topics.
If introducted in the form described above, it is hoped that
the scheme will attract a wide spectrum of researchers, particular-
ly from non-legal fields, and help the development of human rights
research in those countries, where for linguistic or other reasons,
researchers are in practice excluded from benefiting from other
Council of Europe schemes.
98. Other measures have been taken to facilitate research on
human rights. Apart from opening its own very complete human
rights library to the public and generally assisting researchers
in obtaining the information they require, the Secretariat of the
Council of Europe has established an extensive Bibliography of the
European Convention on Human Rights of which the latest edition will
be available free of charge in July 1978. An attempt will be made,
as in former years, to re-edit this Bibliography at least every
two years but, in the interval, the Yearbook of the European Con-
vention publishes every year a select Bibliography of articles
and works on the Convention.
99. The other major preoccupation of the Council of Europe, per-
haps its most important in this regard, lies in the field of the
professional training of members of certain key professions such
as lawyers, doctors, police officers and prison staff. Here the
intention is to ensure that, within the professional training pro-
grammes adequate time and facilities are provided for the teaching

187
of human rights either in the form of praticai legal training or in
the form of professional ethics.
100. To date the main concern has been to ensure that the prac-
tising lawyers who may be led to defend a person alleging a viola-
tion of his rights are fully aware of the guarantees offered by
national law and by the European Convention on Human Rights. Al-
ready in 1967 the Committee of Ministers recommended to member
Governments that they should "encourage the organization of con-
ferences, lectures and courses of instruction, particularly for
practising lawyers, with a view to increasing understanding of the
system of safeguards provided by the European Convention on the part
of members of the legal profession, officials and others whose ac-
tivities may affect Human Rights" (Resolution CM (67) 15 on the
contribution of the Council of Europe to International Human Rights
Year, 1968, paragraph b ) .
How far Governments have acted on this recommendation is dif-
ficult to ascertain. However, it is apparent that effective action
in this respect lies not so much with the Governments as such, but
with the professional organizations of lawyers and magistrates (7).
101. For this reason a short meeting was organized at the Council
of Europe's headquarters in October 1977 between a special Select
Committee for information for lawyers and the representatives of
the Bar Associations and professional organizations of practising
lawyers of the Member States of the Council of Europe. The aim of
the meeting was to stimulate interest in the machinery provided for
under the Convention, to facilitate contacts between the Bar Asso-
ciations and professional organizations of the various Member States,
and above all to determine by common agreement the steps to be
taken both in the Council of Europe and within the professional
associations and organizations in order better to inform legal prac-
titioners about the implementation of the Convention on both the
national and European planes.
102. This meeting proved extremely fruitful and numerous suggestions
were put forward, of which the most important were as follows :
- the preparation of a Digest of Case Law relating to the
European Convention (see paragraph 92 above) ;
- the realization, in collaboration with the Bar Associations
and organizations of practising lawyers, of leaflets setting
out briefly the practical information on how to lodge an
application with the European Commission and taking account
of the specific features of the legal system of each Member
State ;
- the reinforcement of contacts between the Secretariat and
specialized legal reviews and the dissemination of current
information on cases pending before the Commission and Court
to the most widely circulated legal journals ;
- the organization of "workshops" for legal practitioners at
the national level and on a decentralized basis, and on an
international scale on the occasion of the annual congress of
the International Bar Association and International Union of
Lawyers ;
- the maintenance and reinforcement of contacts established at

(7) Hence, for example, the institution, on an experimental basis,

of a Human Rights Centre of Training, Research and Practical
Application by the Paris Bar Association with the assistance,
and under the auspices of Unesco.

188
 the meeting in order to cooperate in the implementation of
the above suggestions.
103. Ä S a result of this meeting two international seminars on
human rights for practising lawyers have been organized by the res-
pective Bar Associations in Turkey, in April 1978, and in Malta,
in Autumn 1978. For its part the Secretariat organized for 1978
five "workshops" on the Convention in the following Member States :
Austria, Belgium, Italy, Turkey and the United Kingdom. As from
1979 the number of such workshops is likely to be increased and an
attempt will be made to hold some of them outside the metropolis.
It is also hoped that similar workshops can be held under the
auspices of the Council of Europe at the Congresses of the Inter-
national Bar Association and International Union of Lawyers.
Similarly, contacts with specialized and non-specialized
legal reviews are being reinforced and these reviews will in future
receive regular up-to-date information on cases pending before, and
decisions taken by the organs of the Convention. These reviews will
also become important instruments for publicizing the workshops
mentioned above, both before and after the event.
104. As regards other professional categories, proposals will be
studied and implemented as from 1979 in two priority areas con-
cerning respectively doctors and police officers. As stated earlier
(see paragraph 15), abstraction has to be made of human rights as
such in the sense that the teaching of professional ethics should
become an integral part of the training of these professional
groups. It is recognized that in this respect the Council of
Europe's efforts are dependent upon the willingness of the competent
national bodies to implement measures advocated by the Committee of
Ministers. For this reason it is essential from the outset to in-
volve the competent professional organizations and unions in the
Council of Europe's action, action which should culminate in the
adoption of guidelines for the introduction of human rights teaching
in the form of professional ethics in the relevant training pro-
grammes, or even the elaboration of model programmes.
105. Finally, a proposal is under study to organize from 1979 on-
wards annual international workshops for the initiation of diplo-
mats (trainees and titularies) into the question of human rights
and in particular into the international systems for enforcing
these rights. In view of the predominant role that human rights
questions have assumed in international relations, the organization
of such workshops could lead to a more accurate understanding among
diplomats of the real problems underlying international human rights
issues and, perhaps, in the long run lead to a better understanding
of those parts of the globe where a different conception of human
rights prevails.
106. It is difficult to provide an accurate evaluation of the
Council of Europe's action in promoting the human rights education
at the university and assimilated levels of training in Member
States. Far too many of the various actions described above are
either at the planning state or in their first years of impelemnta-
tion. It is thus impossible to ascertain the real impact on the
university and training systems of the Member States.
107. Without the benefit of such an evaluation it is difficult to
prospect future action. For the next few years, at least, the
Organization's action will follow the same lines as set out above
and it is hoped that budgetary allocations will allow for the
further development of each activity. Whatever new activities are
inscribed in the Organization's programme, it is clear, however,

189
that they should aim at inciting the various competent authorities
to develop human rights education at the level of university teach-
ing and assimilated training in a manner most suited to the uni-
versity and training structures of each Member State, as well as to
the different kinds of teaching and training in question. Indeed,
flexibility would seem to be an essential factor for the successful
materialization of the objectives to be attained in this respect,
and the provision of uniform solutions to given questions would
appear to be doomed to failure from the outset since insufficient
account is taken of the situation prevailing in each Member State.
It follows, therefore, that the Council of Europe can do much to
develop a coherent approach to human rights education in universi-
ties and professional training centres and develop guidelines for
the implementation of different aspects of the problem. In the
long run, however, it is only through the readiness and collabora-
tion of the authorities concerned at the national level that the
development of such education can become a fact of society.

190
 Annex I

Universities and institutes where specific courses of lectures

on the international protection of human rights are organized

Member State Compulsory course Subjects dealt with

AUSTRIA
1. University of 1. No The European Convention
Salzburg, Insti- on Human Rights and its
tute of Public application in Austria
and International and by the European
Law organs
2. University of 2. No Protection of human
Vienna rights and international
organizations - protec-
tion of minorities in
Austria and at inter-
national level - gross
violations of human
rights : UN procedures -
human rights law in the
law of international
organizations

BELGIUM
Université Libre Yes and no The European Convention
de Bruxelles depending on on Human Rights
(ULB) the branch
chosen
Free University of
Brussels (VUB) Yes and no International co-opera-
depending on tion in human rights -
the branch the European Convention
chosen on Human Rights

FRANCE
University of law, International protection
economics and of human rights
social sciences,
Paris

191
 Annex I (continued)

Member State Compulsory course Subjects dealt with

FRANCE (continued)
2. University of 2. Yes 2. International instruments
Besançon for the protection of
human rights - Helsinki
(3rd basket) - the
Geneva Conventions of
1949 (protection of
human rights in inter-
national armed conflicts)
- the international norm
in relation to the
national norm in the
protection of individual
rights and freedoms
3. Institute of Yes 3. The protection of human
Advanced Inter- rights in international
national Studies, law - the European Con-
Paris vention on Human Rights
- non-governmental or-
ganizations in the field
of human rights - the
US and the international
protection of human
rights - the European
guarantee of human rights
4. Faculty of Law 4. No 4. The European Convention
and Political on Human Rights and
Science, International Covenants
Strasbourg
5. European University 5. Yes 5. The Council of Europe
Centre, Nancy and the protection of
human rights
6. Institute of 6. - 6. Human Rights in Europe -
Advanced European Council of Europe -
Studies, Strasbourg EEC - Helsinki/Belgrade
University of 7. Yes 7. -
Nantes

FEDERAL REPUBLIC OF GERMANY

1. Free University 1. No The UN, American and
of Berlin European systems of pro-
tection of human rights

NETHERLANDS
1. University of 1. No Protection of human
Amsterdam rights in general -
national, universal and
European aspects
192
 Annex I (continued)

Member State Compulsory course Subjects dealt with

NETHERLANDS (continued)
2. University of 2. No International protec-
Utrecht (Europa tion of human rights -
Institute) worldwide and European
3. University of 3. Yes and no National aspects of the
Leiden depending on protection of human
the branch rights and the relation-
chosen ship between national
and international law
on the protection of
human rights - European
Convention on Human
Rights - International
Covenants - Economic,
Social and Cultural
Rights - the EEC and
human rights - non-
governmental organiza-
tions and human rights -
discrimination

UNITED KINGDOM
1. London School of 1. No 1. International protection
Economics of human rights - inter-
national society and its
law - the individual and
international law - pro-
motion and protection
by the UN - regional
human rights provisions -
idealogical and philo-
sophical foundations
2. University of 2. No 2. European and UN aspects
Nottingham
3. Kings College, 3. No European Convention on
London Human Rights and Euro-
pean Social Charter -
International Covenants -
the EEC and human rights
4. University of 4. No The law of human rights -
Durham concept of human rights -
means of protection
(UK law, US law, European
Convention on Human
Rights) and procedures -
rights protected - the
UK Bill of Rights

193
 Annex I (continued)

Member State Compulsory course Subjects dealt with

UNITED KINGDOM (continued)

University of 5. Yes European convention on
Exeter Human Rights, its case
law and impact on
English law
Faculty of Law, 6. No The international pro-
University of tection of human rights
Southampton (European Convention on
Human Rights, UN Cove-
nants) plus special half
courses on discrimina-
tion, law and population
7. University of 7. No Protection of human
Sussex rights in Europe
8. Old College, 8. Yes and no
Edinburgh depending on
the course
chosen

194
 Annex II

Universities and institutions in which the protection

of human rights is an "integrated" discipline

Courses in which the pro-

Member State Compulsory course
rection of human rights is
taught

AUSTRIA
1. University of Graz quasi-obligatory General course on public
international law
2. University of Yes Public international law
Salzburg (Institute
of Public and Inter-
national Law)
3. University of Yes Fundamental rights and the
Salzburg (Institute Austrian constitution
of Constitutional
and Administrative
Law)
University of Yes Constitutional law, inter-
Vienna national affairs

BELGIUM
1. Université Libre Yes Public law, public inter-
de Bruxelles national law
(ULB)
2. Free University Yes United Nations law
of Brussels (VUB)
3. University of Ghent Yes General course on public
international law, Euro-
pean Conventions

DENMARK
University of Yes Public international law,
Copenhagen Constitutional law
(Institute of
International and
European law)
195
 Annex II (continued)

Courses in which the pro-

Member State Compulsory course
tection of human rights is
taught

DENMARK (continued)
2. University of Yes General course on public
Aarhus (Institute international law
of Public Law)

FRANCE
1. University of Law, Not specified Constitutional law and
Economics and political institutions,
Social Sciences , criminal law and sociology
Paris of crime, administrative
law and institutions,
public liberties, public
international law, Euro-
pean organizations, infor-
mation law, community
institutional law
2. Faculty of law, Yes Public liberties
Amiens
3. Faculty of law and Yes and no International institutions
Political Science, depending on and relations, European
Aix-Marseille the subject organizations
4. Faculty of Law and No European organizations,
Economics, Besançon public international law
5. University of Yes and no European and international
Maine, Faculty of depending on institutions, European
Law and Economics the subject community law
6. Faculty of Law and Not specified Public international law,
political Science, public liberties and human
Dijon rights
7. University of Caen Yes and no European law, international
depending on relations, public inter-
the branch national law
chosen
8. University of Yes Public liberties
Nantes
9. University of Yes Public liberties
Social Sciences,
Toulouse
10.European University Yes The conventional activities
Centre, Nancy of the Council of Europe,
European organizations of
cooperation

196
 annex II (continued)

Courses in which the pro-

Member State Compulsory course
tection of human rights is
taught

FRANCE (continued)
11. Faculty of law Yes and no Public international law,
and Political depending on public liberties, inter-
Science, the subject national organizations,
Strasbourg European social law

FEDERAL REPUBLIC OF GERMANY

1. University of - Public international.law.
Mannheim Council of Europe, public
law
2. University of No Public international lav;
Hamburg
3. University of Yes Public international lav/
Würzburg
4. University of No Public international law,
Saarbrücken international organiza-
tions, constitutional lav;,
international relations
5. University of Yes and no Constitutional law, gene-
Münster depending on ral international lav/,
the subject international organizations
6. University of Yes International law, inter-
Munich national organizations,
constitutional law
7. Free University No Public international law
of Berlin
8. University of No International law, Euro-
Regensburg pean law
9. University of No Public international lav/,
Tübingen law of European organiza-
tions
10.University of
International law
Cologne
11.University of Kiel -
Public international law

197
 annex II (continued)

Courses in which the pro-

Member State Compulsory course
tection of human rights is
taught

IRELAND
Institute of Yes The European Convention on
Public Adminis- Human Rights and its, im-
tration, Dublin pact on Irish law - lecture
period within the law course
Trinity College, Yes and no Public international law,
Dublin depending on labour law
the subject
University College, Yes Constitutional law and
Dublin public international law

ICELAND
1. University of Yes and no Constitutional law, public
Iceland depending on international law
the subject

ITALY
University of No Public international law,
Rome (Faculty European community law
of Law)
University of Yes and no Public international law,
Trieste depending on Constitutional law, Euro-
the subject pean Community law, inter-
national organizations
3. University of Yes Public international law
Hilan (section
of international
and comparative
law)
4. University of Bari Public international law,
penal law, labour law, civil
law, constitutional law

MALTA
University of Yes Public international law
Malta

NORWAY
University of No Public international law
Oslo (Institute
of Public Law)

198
 Annex II (continued)

Courses in which the pro-

Member State Compulsory course
tection of human rights is
taught

NETHERLANDS
1. University of Yes Law of international or-
Utrecht (Europa ganizations, introduction
Institute) to international law
2. University of Yes International law
Leiden

SWEDEN
1. University of Yes Constitutional law, inter-
Uppsala national law

SWITZERLAND
1. University of No International humanitarian
Geneva and criminal law
2. University of Yes and no European law, constitution-
Zürich depending on al law, criminal law
the subject
3. University of No Public international law •
Neuchâtel

UNITED KINGDOM
1. University of Yes and no Public law, jurisprudence,
Bristol depending on public international law
the subject
2. University of Yes and no European institutions,
Sussex depending on international theory, inter-
the subject national politics
3. King's College, No Public international law,
London European Community studies
4. Old College, Public international law,
Edinburgh international law and or-
ganizations
5. University of Public international law
Southampton
6. University of No International law
Manchester
7. University of No Public international law
Nottingham
8. University of Political theory
Newcastle-upon-
Tyne
199
 Annex II (continued)

Courses in which the pro-

Member State Compulsory course
tection of human rights is
taught

UNITED KINGDOM (continued)

University of Yes Public international law
Exeter
10. University of No Public international law
Aberdeen
11. University of Yes and no Philosophy of law, public
Durham depending on international law, intro-
the subject and duction to legal systems,
branch chosen political theory, history
of political theory
12. Jesus College, Yes Public international law
Cambridge
13. University of Yes Civil liberties
East Anglia
14. London School of Not specified but
Economics affirmative
1 5. Queen Mary Yes and no Public law, civil liberties,
Collpgo, London depending on public international law
the subject and
branch chosen

200
 Annex III

Universities and institutes where extra curricula events

have been organized, where anniversary events will be
organized in 1978 and where there is an intention to
introduce specific courses of lectures on the
international protection of human rights

Extra curricula Anniversary Specific

Member State
events events courses

AUSTRIA
University of Lectures in Possible in-
Graz 1978 troduction of
such a course
in the
summer term

BELGIUM
1. Université Several lectures Colloquy on .
Libre de and colloquies CSCE follow-
Bruxelles up in Belgrade
(ULB)
2. Free Collaboration
University with NGOs for
of Brussels such events
(VUB)
3. University of Numerous series Organization
Namur of lectures with the
United Nations
Association of
a lecture/
debate on the
protection of
human rights
Université Several series of 4th Colloquy
Catholique lectures, debates on Human Rights
de Louvain and three col-
(Human loquies
Rights
Department)

201
 Annex III (continued)

Extra curricula Anniversary- Specific

Member State
events events courses

DENMARK
University Inclusion of
of Copenhagen the interna-
(Institute of tional pro-
International tection of
and European human rights
law) as a specific
part of a re-
gular course
on internation-
al law (com-
pulsory) as
from 1978/79
University Introduction
of Aarhus of a short
(Institute specific op-
of Public tional course
Law) on the inter-
national pro-
tection of
human rights
in the near
future

FRANCE
1. Institute of Series of
Advanced lectures
International 1975/76
Studies,
Paris
Faculty of Lecture and annual Possible orga-
Law and cycles of lectures nization of the
Political organized outside 1978 cycle of
Science, the university lectures on the
Aix-Marseille dealing from time international
to time with human protection of
rights human rights
University Annual colloquies Organization of Organization of
of Besançon since 1970 on a a full day of an annual 3-
particular problem lectures week seminar on
of the protection the protection
of human rights of human rights
in the context
of the summer
programme

202
 Annex III (continued)

Extra curricula Anniversary Specific

Member State
events events courses

FRANCE (continued)
4. University Organization of
of Caen a colloquy if
given financial
assistance
5. European Anniversary
University lecture
Centre, Nancy
6. Faculty of Three colloquies Anniversary
Law and lecture
Political
Science,
Strasbourg

FEDERAL REPUBLIC OF GERMANY

1. University One seminar re-
of Würzburg lating to human
rights and the
CSCE
2. University Interdisciplinary
of Munich symposia since
1974
3. University Colloquy in 1977
of Tübingen dealing inter alia
with human rights
4. University Lecture 1977
of Kiel

IRELAND
Institute of Conference 1976 on Series of
Public legislatures and articles
Administration human rights in the Institute's
review
2. Trinity Series of regular Special series
College, public lectures of commemora-
Dublin over the past 15 tive lectures
years and a public
symposium
3. University Six lectures
College, 1977/1978 on
Dublin humanitarian law

203
 Annex III (continued)

Extra curricula Anniversary Specific

Member State
events events courses

IRELAND (continued)
4. Faculty of Intention of
Law, Galway developing
teaching on
the interna-
tional protec-
tion of human
rights and of
organizing a
specific
course on the
subject

ICELAND
University Seminar in 1975 on
of Iceland the European Con-
vention on Human
Rights

ITALY
1. University Not specified Not specified
of Rome but affirmative but affirma-
(Faculty of tive
University
Teacher
Training)
2. University Anniversary
of Milan lecture and
series of
public lectures
3. University Anniversary
of Trieste lecture orga-
nized with the
UN Association
4. University Colloquy in 1975
of Bari

MALTA
1. University Series of public One seminar and
of Malta lectures two public
lectures
 Annex III (continued)

Extra curricula Anniversary Specific

Member State courses
events events

NORWAY
1. University Series of public Not specified Intention of
of Oslo lectures but affirma- organizing a
tive specific course
as from 1978/79

NETHERLANDS
1. University Colloquy in 1972 Specific
of Amsterdam course as from
1978/79
University Post-graduate
of Utrecht specific
(Europa course from
Institute) 1978 onwards

SWITZERLAND
1. University Public lecture
of Geneva debate in 1976
2. University Seminar in 1977
of Zürich
(Institute
of Public
and Inter-
national Law)

UNITED KINGDOM
1. University Public lectures at Not specified .Firm intention
of Sussex periodic intervals but affirma- of further
tive developing
teaching in
human rights
in coming
years
2. University Series of public Series of
of Exeter lectures in 1968 public lec-
tures as in
1968
University Specific sec-
of Newcastle- tion on the
upon-Tyne international
protection of
human rights
in the civil
liberties
course

205
 Annex III (continued)

Extra curricula Anniversary Specific

Member State
events events courses

UNITED KINGDOM (continued)

4. Kings College, Series of public Not specified
London lectures 1975-6 but affirmative
5. University Symposium in Series of general
of Durham 1968 university and
public lectures
University Specified op-
of Oxford tional post-
(Faculty of graduate •
Law) course on the
international
protection of
human rights

206
 3. Perspectives on the teaching of human rights
in the European Socialist countries

Report prepared by
Adam Lopatka

Director of the Institute of State and Law

of the Polish Academy of Sciences, Warsaw (Poland)

1. The status of human rights

This paper refers to the following countries : Bulgaria, Czechoslo-

vakia, Yugoslavia, the German Democratic Republic, Poland, Romania,
Hungary and the Soviet Union (including Byelorussia and Ukraine).
Because of insufficient information,it does not .include Albania, al-
though she too belongs to the European socialist countries. An
ever fuller realization of human rights and their ever more effect-
ive protection is one of the fundamental objectives of a comprehen-
sive activity of a socialist state. This state strives'towards
creating ever more favourable conditions for a full self-actualiza-
tion of man, for development of all his commendable qualities and
talents, and for a fulfilment of both his material and spiritual
needs. The socialist revolution was carried out in the name of all
these objectives. The entire process of building socialism serves
these purposes. Implementing the interests and strivings of the
working people and national aspirations incited by the ideals of
scientific socialism, the constitutions of the socialist countries
lay down in each of these countries a wide range of human rights.
They stipulate, too, appropriate material and legal guarantees serv-
ing the everyday realization of these rights. In each of these
countries an extensive legislation specifies the ways and means of
realization of human rights set down by the Constitution, as well as
those contained in international conventions to which the given
state is a party.
Implementing the universal ideals of freedom, social equality,
justice and peace, the constitutions of the socialist countries
guarantee to their citizens actual equality to a wide extent, not
only in the letter of the law. This concerns equality of men re-
gardless of their race, sex, nationality, religion, social origin
and status, profession, birth in- or out-of-wedlock, domicile and
education. They set down a wide range of political rights serving
an ever fuller participation of citizens in the life of the state
and in taking up important national and local decisions. They lay
down a wide range of personal rights ensuring security of each citi-
zen and an indispensable standard of intimacy in his family and
private life.
With the same force as political and personal rights the con-
stitutions of the socialist countries specify a wide catalogue of
economic rights of the citizens (the right to work, to wages accord-
ing to the quantity and quality of work rendered, to personal proper-

207
ty, as well as to the rights of fanners and craftsmen to individual
property based on their own work and that of their families). The
socialist countries ensure to their citizens an extensive range of
social as well as cultural rights.
Human rights set down and guaranteed by the constitutions of
the countries under discussion have not been the result.of people's
struggle against the state or the government. They are not enforced
upon the authorities but enacted by these authorities in order to
realize their goals according to the will of the society and the
capabilities of the country. .Therefore, these rights are not
threatened by the authorities or other important forces. On the con-
trary, they are constantly extended. Such is the official and con-
sistently implemented policy of the State in this field.
The rights of the citizens in the socialist countries are linked
with their respective basic duties, for no state could exist and
develop without imposing definite duties to be observed by its citi-
zens. In the field of citizens' duties there is the same quality
as in the field of their rights. For the most part, the constitu-
tions of the socialist countries set down such basic duties of their
citizens as : observance of the provisions of the constitution and
the law ; the increase and protection of social property ; loyalty
towards the fatherland, defence of the fatherland ; the training
of children to become good citizens of their country ; protection of
the natural environment, etc. Finally, the constitutions of the
socialist countries, especially those consisting of many nations
(the Soviet Union, Yugoslavia, Czechoslovakia) set down collective
human rights, namely rights of the nations to self-determination, to
free disposal of the natural resources of their land. Some of the
constitutions lay down such collective human rights as the right of
employees of state enterprises to participate in their management.
The socialist countries have also entered extensive inter-
national commitments in the field of human rights. These commit-
ments are usually of the same contents as their interior legislation
but - to some extent - supplement that legislation, thus extending
the catalogue of human rights effective and observed in these coun-
tries. Of the total number of 19'conventions on human rights, 11
have been ratified by Poland, Byelorussia, Ukraine, Romania, Czecho-
slovakia and the USSR ; 13 by Hungary and the German Democratic Re-
public, 10 by Bulgaria, and as many as 17 by Yugoslavia. All these
countries have ratified both International covenants on Human Rights,
Conventions concerning the Elimination and Punishment of the crime of
Apartheid, the Convention on Women's Political Rights, conventions
on Fighting All Eorms of Racial Discrimination, the Convention on
the Prevention and Punishment of Genocide, the Convention on Aboli-
tion of Prescription in Relation to War Crimes and crimes Against
Mankind. It has to be added that Albania, too, has ratified seven
conventions, although she has not yet ratified the two Covenants on
Human Rights.
To the aforementioned socialist countries human rights consti-
tute, above all, positive law, either constitutionally or inter-
nationally effective. These countries do not consider'human rights
to be a phenomenon belonging to the sphere of ideology' and declara-
tions only, although in this field too the socialist countries do not
stay behind. They attach high importance to the Universal Declaration
of Human Rights of 10 December 1948 but still higher importance is
attached to the later United Nations declarations on human rights,
especially to the Declaration on Granting Independence to Colonial
Countries and Mations of 14 December 1960, to the Declaration on

208
Social Progress and Development of 11 December 1969 and to the De-
claration of 7 December 1965 on the Popularization of the Ideals of
Peace, Mutual Respect and Understanding between Nations among Youth.
Extreme importance is attached by the European socialist countries
to the general acknowledgment of man's right to live in peace.
The exceptionally wide range of human rights effective in the
aforementioned countries is the subject of education. Of crucial
importance to the contents of lectures on human rights is the pre-
sentation of human rights not as unattainable ideals and values but
as effective rights actually realized and properly protected.

2. Today's Education

In the' Soviet Union lecturing on human rights takes place

chiefly at legal faculties -of universities, at special higher
schools (institutes of law), at the Institute of International Re-
lations, the Diplomatic Academy, the Ministry of Foreign Äffairs of
the USSR and at many other higher schools, the nilitary academies
included. A special course on human rights is conducted for stu-
dents specializing in international law. It includes international
regulations of human rights based on international declarations and
conventions. Also, instances of an ostensible violation of human
rights on a mass scale are discussed, as well as the activity of
the UN organs, the assignment of which is promotion and protection
of human rights. The latter are discussed at regular and evening
courses of constitutional, administrative, penal, civil, family and
guardianship law conducted for all law students.. International
regulation of human rights is presented at courses on international
law. • , . . • •

Citizens' legal status and basic civil rights and duties are
discussed during lectures on constitutional law. They deal, above
all, with political, personal, economic, social and cultural rights.
Human rights concerning citizens' share in state administration,
social inspection and the right to file complaints and motions with
all state organs and institutions are discussed at courses of ad-
ministrative law, along with the legal and administrative means
serving the citizen in claiming his rights and the supervision of
the general prosecutor as regards observance of law. Human rights,
man's personal immunity and that of his domicile, secrecy of cor-
respondence, the right to defence, the principle of assuming inno-
cence of the suspect and defendant until proving his guilt, the
principle of a humanitarian execution of punishment,, procedural
guarantees such as independence of judges, participation of ad-
vocate and prosecutor in the proceedings, etc., are discussed at
the courses of penal law and penal procedure. The lectures on civil
law also deal with human rights' such as the right to personal pro-
perty, succession, protection of reputation and good name, the right
to housing, etc., as well as legal means of claiming and protect-
ing one's human rights in civil law relations. Human rights are of
vital importance.in the courses on'family and guardianship law,
namely the equal rights of spouses, problems of name and citizen-
ship of the spouses and their children, relations between parents
and children. Much space is dedicated to human rights in lectures
on labour law and social insurance. The right to work, to wages, to
rest, to old-age and disability benefits, to sanitary occupational
conditions, as well as the right to raise one's qualifications and
to appropriate human relations at work are discussed here. Of im-
portance also are the employees' rights to organize trade unions and
to participate in the management of the work establishment.

209
 At medical schools human rights concerning man's life and
health are the subjects of lectures. They are a part of the courses
of medical deontology. At technical schools lectures on the right
to a healthy and ecologically stabilized environment are essential.
Along with these rights the duty of protection the natural environ-
ment is discussed.
Teaching of human rights is based on results of research on
these rights. This research is widely conducted at higher schools
and scientific research institutes of the Academy of Sciences of
the USSR, as well as institutes controlled by individual ministries.
In the USSR the Institute of State and Law of the Soviet Academy of
Sciences is the centre of research on human rights.
In Bulgaria, lectures on human rights are carried on most ex-
tensively at the Faculty of Law at Sofia University. This is the
only Faculty of Law in Bulgaria. The teaching of human rights is
embraced by courses on constitutional, administrative,, penal and
civil law, on penal and civil procedure, and labour and family law.
Much attention is dedicated to human rights in lectures on inter-
national public and private law. Human rights, their philosophical
and general theoretical aspect, are subjects of lectures on general
theory of state and law. Human rights have also been included in
the curriculum of the Higher School of the Ministry of the Interior.
Here, special stress has been put on citizens' personal rights and
their protection. At higher military schools a subject of teaching -
against the general background of human rights - is the rights of
the civilian population in the event of armed conflict and the huma-
nitarian principles connected with military operations. In lec-
tures on human rights in Bulgaria special attention is attached to
guarantees of human rights and legal means of protecting them.
In Czechoslovakia, extensive lectures on human rights are con-
ducted at faculties of law at the universities, as well as at higher
military schools and those of the Ministry of the Interior. They
are also the subject of teaching at the Higher Party School of .the
Central Committee of the Communist Party of Czechoslovakia. Appro-
priate lectures are delivered in courses on constitutional, admi-
nistrative, penal and civil law, penal and civil procedure, family,
labour and social insurance law. Much space is occupied by human
rights in the course on international law, especially by humani-
tarian rights and international conventions and declarations con-
cerning human rights as well as international mechanisms of promotion
and protection of these rights.
The teaching of human rights in Hungary is similar with the ex-
ception that there is at the Faculty of Law at Budapest University
a special course on human rights closely connected with the lecture
on general theory of state and law. The teaching of human rights
is based on solid and extensive research on this subject. That re-
search is mostly carried out by the Institute of State and Law of
the Hungarian Academy of Sciences and has, above all, a philosophical-
and general theoretical aspect.
In Romania also, extensive teaching of human rights is carried
out at faculties of law. This has been included in courses on
various branches of law - constitutional, international, labour and
social insurance law in particular. There is no separate lecture
dedicated to human rights. However, there are special seminars
organized at some faculties for advanced students dedicated entire-
ly to human rights. They are the subject of lectures delivered at
the "S. Gheorghui" Academy of the Central Committee of the Romanian
Communist Party.

210
 Much attention is paid to human rights at courses conducted at
faculties of law in the GDR, and the Academy of State and Law of
the GDR in Potsdam-Babelsberg. These lectures have been included
in the courses on constitutional law, theory of state and law and
international law. Similar to the other socialist countries, res-
pective groups of human rights are discussed during lectures on
penal, family and guardianship law, penal and civil procedure and
especially on labour and social insurance law. The teaching is of
a historical and theoretical character, particularly the lectures
on constitutional law. Here differences between the bourgeois and
socialist concept of human rights are pointed out, as well as the
virtues of the socialist concept of these rights and ways of en-
suring their observance. Much attention is also paid to the com-
parative aspects ; for example, human rights in the German Demo-
cratic Republic and human rights in the Federal Republic of Germany.
Great attention is paid to economic, social and cultural rights, in-
cluding the right to participate in the management of work establish-
ments, the right to appropriate housing, to a healthy natural en-
vironment, etc. Emphasis is placed on the freedom of the citizens
of the German Democratic Republic from exploitation by capitalists
as well as on the actual participation of the people in state ad-
ministration. Much attention is also paid to the problem of fight-
ing racism and apartheid, to the equality of women's and men's
rights and to the relation of human rights to moral principles.
Äs is the case in the other socialist countries, the teaching of
human rights is closely connected with the teaching of basic civic
duties. Stress is put on the common interests of the State and the
citizens and the function of confidence in relations between autho-
rities and the citizens. The lectures are based on thorough re-
search on human rights. Such research has been systematically,
conducted at Faculties of Law at Berlin, Leipzig, Halle/Saale and
in particular at the Academy of State and Law of the German Demo-
cratic Republic at Potsdam-Babelsberg.

In Yugoslavia human rights are taught at faculties of law and,

to a much lesser extent, at faculties of political science. Some
human rights are also taught at other higher schools, at medical
and military academies. Most extensive lectures on human rights
take place at faculties of law. They are delivered in the general
theoretical and historical documentary aspect as well as in the
light of positive national and international law. In their general
theoretical aspect, human rights are taught in the courses on con-
stitutional law, socio-political systems, Marxism and the modern
society, social property and self-government. In lectures on con-
stitutional law they are discussed in general and from the point
of the system ; their contents and the protection thereof are pointed
out, as is their function in forming the status of citizens in the
state. In the lectures on Marxism and modern society, human rights
are also discussed in general but, above all, from the political
point of view and that of the status of man in society. Lectures
on social property and self-government deal with the interdisci-
plinary aspect of human rights and the status of man in self-
government.
Lectures on individual human rights.are conducted in the posi-
tive legal aspect. This happens during the interpretation of the
administrative law in which attention is focussed on means of
human rights protection. Certain human rights are discussed at
courses on penal law and penal procedure. Also, the penal-legal
protection of human rights is presented at these courses.

211
 The course on labour law includes the right to work and other
economic and social rights. In civil law much space is occupied
by the rights to succession and protection of personal property.
High importance is attached, too, to a full presentation of the
mechanisms of.international promotion and protection of human
rights. At the Yugoslavian faculties of law, lectures are also
delivered on : "The People's Defensive System" and "The Law of the
People's Defensive System". Here, the civic duty of defence of
the fatherland and domestic and international norms of humanitarian
character are discussed. Similarly, stress is put on human rights
at higher military schools in Yugoslavia. In research, which is
the basis of didactics on human rights, the participation of the
Faculty of law of Belgrade University is considerable.
In Poland, as well, lectures on human rights are conducted at
all faculties of law, political studies and higher military schools,
at higher schools of the Ministry of the Interior and at medical
academies as a subject of the course on professional medical deon-
tology.
The curricula of legal studies stipulate lectures on human
rights within several disciplines. Human rights in Poland and in
the world are extensively discussed at courses on state history and
the history of legal-political doctrines. Much attention is paid
here to the struggle for the nations' right to self-determination
and their right to use freely the natural resources of their land.
Human rights are widely discussed under constitutional law
which presents the basic rights and duties of citizens.
International legal regulation of human rights and the mecha-'
nisms of promoting and protecting these rights are taught in the
course on international law. Respective human rights are dis-
cussed at courses on administrative, penal, civil, family-guardian-
ship law, penal and civil procedure and labour and social insurance
law, as well as during lectures on organs of legal protection which
draw attention to the principle of the courts' independence, the
protection of personal immunity and the right to defence. At some
faculties of law, graduate seminars dealing with human rights and
the international promotion and protection of these rights in par-
ticular, are optional. There are also other optional lectures of
similar content. These lectures are widely attended by senior
students. Several scores of scientific papers on human rights are
written every year at Polish faculties of law as theses for scien-
tific degrees.
In political science and journalist studies, human rights are
discussed in a narrower range than in studies of law. Lectures on
human rights include a general discussion of these rights in the
historical, constitutional and international legal aspect.
Medical studies include, above all, discussion's on the right
to life and health and the responsibility of physicians, dentists
and pharmacists in this respect.
The curricula of higher schools of the Ministry of the Interior
list lectures on human rights which are delivered in the constitu-
tional aspect, and special attention is paid to such rights as the
right to personal freedom, secrecy of correspondence, inviolability
of domicile, humanitarian treatment of detained persons and man's
right to privacy. At higher military schools, so-called humanitarian
rights protecting the civilian population during armed conflict, re-
gulations concerning prisoners-of-war, etc. are widely lectured.
It must be added that at the course on philosophy attended by
students of nearly all higher schools and faculties, considerable

212
attention is paid to the problem of man's personality, his self-
actualization and his status in society. Human rights are discussed
in this context from the general, theoretical point of view.
Presentation of human rights at the Polish higher schools is
based on the effect of research conducted on this subject at vari-
ous universities. The chief research centre here is the Institute
of State and Law of the Polish Academy-of Sciences. Monographs on
human rights and numerous articles in periodicals and textbooks
are published regularly in Poland, as well as constitutional texts
(in "the legal comparative aspect) and collections of international
conventions and declarations concerning these rights. This is
similarly done in other socialist countries discussed previously.
For years now, the principle that an individual is entitled to
learn his rights and duties and to act accordingly, which was con-
firmed by the Final Act of the European Conference on Security and
Cooperation (Helsinki, 1 August 1975), has been extensively realized.
It can be said that the teaching of human rights at higher
schools of the socialist countries, at faculties of law and at poli-
tical science faculties or schools has firmly established long-time
traditions. There has never been an atmosphere of struggle, tena-
city or any special emotions around .this teaching. That this is
not just a transitory interest is evidenced by the contents of both
old and current handbooks and educational aids.
Human rights are treated by all the aforementioned countries as
rules of law. For this reason, their contents have an overwhelming
impact on the entire legislation, on legal practice and the atmos-
phere over all legal relations within the state.
Knowledge of human rights has become in a natural way deeply
incorporated into the contents of separate branches of legal science,
such as the history of state and law or the history of legal-
political doctrines, and this is considered appropriate.
A part of human rights, especially those contained by inter-
national documents, are rather remote from the life in socialist
countries. These rights are mentioned only to get a full picture
of the situation in the sphere of human rights in the world. What
I have in mind here are the contents of the convention against All
Forms of Racial Discrimination, conventions concerning slavery,
punishment of the crime of apartheid, etc. For historical and com-
parative purposes only, certain human rights adopted by the capita-
list world are mentioned, such as the right to so-called free
enterprise or the right to private ownership of means of production
which, in fact, is the right to man's exploitation by man.

3. Prospects of Teaching

A unanimous opinion prevails in the socialist countries that

the present pattern of teaching human rights is correct, meets the
social requirements, serves the strengthening of these rights in
the whole life of the country and is consistent with national tradi-
tions in the individual countries. Therefore, no change of .this
pattern, is expected. In particular, it is not planned to replace
the lecturing on human rights within the various disciplines by
some separate discipline dealing with these rights only. It is as-
sumed that this would break the natural link between human rights
and the remaining civil rights and duties. But that does not ex-
clude, especially with regard to the faculty of law, the organiza-
tion of special lectures on human rights, special seminars in
particular. There is not, at present, any scientific or professional

213
speciality called "Human Rights", and it is not planned to intro-
duce such a discipline in the future.
The teaching of human rights will be continued, both in the
national aspect (which will prevail) and the international aspect.
In some branches of science that teaching will be closely combined
with teaching of professional ethics (medical and military academies
and the Ministry of the Interior).
However, the current pattern of lecturing on human rights will
be improved. The contents of these lectures will be expanded along
with the extension of the list of human rights by such rights as
the right to live in peace, the right to development and participa-
tion in social progress, the right to share in the management of
socialized work establishments, the right to comfortable housing,
to avail oneself of all mankind's succession, and the improvement of
the right to a healthy, ecologically stabilized natural environment.
Along with the development of the national, regional and general
human rights, the presentation of these mechanisms will be broadened.
There operate, however, organizations associating-lawyers -
such as the Union of Polish Lawyers, or self-governmental advocates'
organizations - the activity of which partially consists in propa-
gation of development, observance and protection of human rights.
The teaching staff of the higher schools lecturing on human rights
belong to these organizations too.
In each of the countries discussed, progress is noted in re-
search on human rights. There is progress too in international co-
operation in this field. Also the number of qualified higher school
teachers - specialists dealing within their discipline with human
rights will increase. There are not in the socialist countries
separate associations lecturing on human rights, and it is not
planned to establish such organizations in the future. It is be-
lieved that' they are not and will not be necessary.
It has to be mentioned that in all of the discussed socialist
countries human rights are the subject of teaching at high schools,
especially in the aspect of the basic civil rights and duties. They
have been included into the lessons of citizen education, foundations
of law and history. Appropriate handbooks are available.
Human rights are widely taught and will be the subject of an
ever more extensive lecturing in out-of-school education. There
are, for instance, special educational cycles for political party
members dedicated to human rights only. The same refers to training
within trade unions, women's and youth organizations.
As regards the acquainting of the people with problems of human
rights, of extreme importance were the discussions on the draft of
•the Constitution, in which millions of citizens in each of the
socialist countries took a lively share. Such discussions are a
part of citizens' general education on their rights and duties in
relation to.society.
However, further progress in the teaching of human.rights de-
pends, in the first place, on the general climate in international
relations. Detente, limitations of armaments, disarmament, deve-
lopment of economic, scientific-technical and cultural cooperation

214
and cooperation in tourism are favourable for spreading this know-
ledge. This teaching is also encouraged by learning from the solu-
tions and experience of other countries.

NOTE

In this paper use has been made of information supplied by

Prof. Dr. K. Lütov, Director of the Institute of State and Legal
Sciences of the Bulgarian Academy of Sciences ; by Prof. Dr. Z.
Ceska, Director of the Institute of State and Law of the Czecho-
slovak Academy of Sciences ; by Professor Dr. P. Nikolic, Professor
of the Faculty of Law of Belgrade University ; by Professor Dr.
G. Schüssler, Rector of the Akademie für Staats- und Rechtswissen-
schaft der DDR (Academy of State and Legal Sciences of the German
Democratic Republic) ; by Professor Dr. V. Duculescu and Professor
Dr. P. Penzaru of the "S. Gheorghiu" 'Academy, Bucarest ; by
Professor Dr. I. Szabo, Director of the Institute of State and Law
of the Hungarian Academy of Sciences and by Professor Dr. W.
Kudriawcew, Director of the Institute of State and Law of the
Academy of Sciences of the USSR.

215
 4. Human rights, the universities and the Arab World

Report prepared by Dr. Moufid M. Chehab,

Arab Educational, Cultural and Scientific Organization."ALECSO"

1. The development of man's struggle to establish human rights

The struggle for human rights is a pivot on which the history of

human communities has always turned.
Man struggling to ensure not only his right to live, but also
the other associated rights - in particular, civil and political
rights on the one hand, and economic, social and cultural rights
on the other - was already a champion of human rights.
This fight has been marked by several stages, some of which
constitute important victories. This is the case for the great
religions and the progress achieved by certain civilizations, such
as Greek civilization, Arab Islamic civilization in the Middle Ages
and European civilization in the contemporary era. The message and
history of Islam are rooted, in their very essence, in human rights.
The rights of non-Muslim communities were recognized and the Jews
were treated generously. In Arab Islamic society, the Jews always
exercised miniterial responsibilities and were able to carry out in-
tellectual and professional work without distinction or discrimina-
tion based on religion or ethnic origin.
Other victories have been achieved by contemporary European
civilization : for example, the Magna Carta of 1215, which confirmed
the rights of the people of England, and the Declaration of Inde-
pendence of the United States of America (1776), inspired by Euro-
pean philosophers such as Jean-Jacques Rousseau and Voltaire, the
preface of which proclaims : "We hold ... that all men are created
equal, that they are endowed by their Creator with the rights to ...
Life, Liberty and the pursuit of Happiness". One might also quote
the Declaration of the Rights of Man and the Citizen of 1793, a
legacy of the French Revolution - which condemns the notion of
divine right and asserts the right of all men to equality.
But the greatest step achieved on the road to the legal formu-
lation of human rights was the adoption, by the General; Assembly of
the United Nations on 10 December 1948, of the Universal Declaration
of Human Rights. This was the beginning of a "structure" destined
to play a great role in international life, in the work of the
United Nations Organization, the specialized agencies and the inter-
national regional organizations.
The Universal Declaration of Human Rights was more complete
than any other document existing at that date. Coming into existence
after two great World Wars during which the whole of humanity had
suffered from different forms of political and social discrimination.

217
this document was an admirable common instrument for all peoples and
all nations.
Commenting on this important event, the President of the
General Assembly of the United Nations, during the session which
saw the adoption of this text, declared that for the first time, an
organized group of nations was proclaiming the fundamental rights
and liberties, with the support of the whole United Nations and of
millions of men and women throughout the world.
The Declaration includes several basic principles and, in par-
ticular, the right to freedom and equality without distinction of
language, religion, political opinion or social status.
Thus the first article proclaims that all human beings are
born free and equal in dignity and rights, and that they are endowed
with reason and conscience and should act towards one another in a
spirit of brotherhood.
The second article asserts that "everyone is entitled to all
the rights and freedoms set forth in this Declaration, without dis-
tinction of any kind, such as race, colour, sex, language, religion,
political or other opinion". The Declaration goes on to distinguish
between two categories of rights : civil and political rights on
the one hand, and economic, social and cultural rights on the other.

2. Legal status of the Universal Declaration of Human Rights

The Universal Declaration of Human Rights, adopted without op-

position by the members of the General Assembly, is not binding on
States. It simply represents a source of constitutional and legis-
lative inspiration. Since it does not possess the character of an
international treaty, it cannot be considered as an integral part
of the binding rules of international law, despite a certain doc-
trine which has attempted to invest it with binding force on the
basis of Articles 55 and 56 of the Charter of the United Nations.
This does not detract from the concrete value or moral authority
of the text, given that it issues from the greatest and most re-
presentative authority in the international community. It has, in
any case, had immense repercussions both on international norms
and on resolutions, particularly those concerning racial discrimi-
nation in all its forms, and apartheid in South Africa. The Decla-
ration of 14 December 1960 on the Granting of Independence to
Colonial Countries and Peoples, for example, regards alien domination
as a denial of fundamental human rights.
Many conventions have been adopted under the auspices of the
United Nations, in particular those concerning the status of re-
fugees and stateless persons, and the nationality of married women.
A large number of decisions have also been made by the Inter-
national Court of Justice, such as that concerning the right of
asylum in 1950. The International Convention on the Elimination of
All Forms of Racial Discrimination of 21 December 1965, which aims
at putting an end to racism in all its forms, came into force on
4 January 1969, while the Convention adopted by the General Assembly
of the United Nations on 30 November 1973 on the Suppression and
Punishment of the Crime of Apartheid, makes it a crime against
humanity, even specifying sanctions for those responsible for this
crime.
Attention should also be drawn to the adoption by the General
Assembly of the United Nations on 2 November 1973 of a programme -
the Decade for Action to Combat Racism and Racial Discrimination -
launched on 10 December 1973, the twenty-fifth anniversary of the
adoption of the Universal Declaration of Human Rights.

218
 This programme called for a continuing effort by all peoples,
governments and institutions to eradicate racial discrimination and
to promote respect for human rights and fundamental freedoms for
all, irrespective of race, colour, descent or national or ethnic
origin.

3. International Covenants relating to human rights and the

Optional Protocol

In 1976, 28 years after the promulgation of the Universal De-

claration of Human Rights, "international law on human rights" be-
came a reality, through the entry into force of three important
instruments : the International Covenant on Economic, Cultural and
Social Rights, the International Covenant on Civil and Political
Rights, adopted by the United Nations on 16 December 1966, and the
Optional Protocol relating to the latter.
The first of these Covenants came into force on 3 January 1976
while the second came into force on 23 March 1976 at the same time
as the Optional Protocol.
By ratifying the International Covenant on Civil and Political
Rights, a State recognizes a person's right to protection against
inhuman or degrading treatment, as well as the right to life, se-
curity and a private life. It further guarantees equality of pro-
tection under the law, protection against arbitrary arrest or
detention, freedom of thought, conscience, religion, opinion and
expression, and freedom of peaceful association and emigration.
A State which ratifies the International Covenant on Economic,
Social and Cultural Rights recognizes the right of every person to
an adequate standard of living, to just and favourable conditions
of work, to social security, to the highest attainable standard of
physical and mental health, the right to education and adequate
provision of food and medical care. It also commits itself to res-
pect the right of workers to free trade union activity.
In addition, the Covenants contain a provision net included in
the Universal Declaration of Human Rights, dealing with the right
of peoples to self-determination and to freely dispose of their
natural wealth and resources.
The most important aspect of the two Covenants and the Optional
Protocol in the field of human rights is certainly the adoption of
specific measures to guarantee their application, that is to say,
the creation of a committee responsible for examining the periodic
reports submitted by the States Parties to the Covenants on the
measures adopted to give effect to, and the progress made in the
enjoyment of, economic, social and cultural rights.

4. The attitude of the Arab countries towards the new inter-

national law

Only a small number of Arab States have, to date, ratified the

two Covenants. Some indeed see in them the outlines of a sort of
international supervision of their domestic affairs in the field
of human rights ; others have taken the view that in certain of
their articles, the International Covenants are incompatible with
the Sharia (Islamic Law), particularly as regards equality between
men and women and personal status. Others, again, did not approve
of the rights and guarantees accorded to workers in the International
Covenant on Economic, Social and Cultural Rights.

219
5. The importance of human rights teaching in the universities

Human rights cannot be known about unless they are promoted at

the level of awareness of all human beings. Several means can be
used for this purpose, e.g. political and social organizations,
which can set an example and teach individuals the nature of these
rights and how to protect them ; educational organizations in the
broadest sense, the information media, aided by technological and
scientific progress ; lastly, education, in its horizontal function
(for all citizens, whatever their background) and in its vertical
function (improved methods of teaching for each level).
The universities, which are at the apex of the education
pyramid, have an important part to play in "rooting" human rights
in consciousness and in social behaviour.
What is the present state of human rights teaching in the
universities ? First, it may be observed that human rights are
taught in the universities in the framework of the social sciences
and the study of public law, particularly international law relating
to "human rights" and "international organizations" ; or in the
framework of the political sciences, especially political theories,
international relations, philosophy, sociology and history. At
primary and secondary level, human rights are taught in literature,
history, philosophy and in the general field of the humanities.

Some proposals which might be made regarding human rights

teaching are :

- the introduction of a new discipline into the syllabuses of

the law faculties, to be known as : "international human
rights law", either at degree level or at the level of the
diploma of higher education ;
- encouragement in the law faculties for doctoral theses deal-
ing with the subject of human rights ;
- the study of human rights in political science courses, par-
ticularly within the context of international relations and
organizations ;
- the study of philosophy, sociology and history should also
include sections dealing with human rights ;
- finally, the universities should be encouraged to create cul-
tural and scientific associations for students from all
faculties, and to organize lectures and symposia on the sub-
ject of human rights.

6. The importance of the comparative study of international law in

the field of human rights, and legislation in Arab countries

In the last few years, the problem of human rights has assumed
great importance internationally, especially for the United Nations
and Unesco. It was therefore natural that the Institute for Arab
Research and Studies should take a particular interest in this sub-
ject and include in its programme for the years 1977-78 and 1978-79
a comparative study of international norms and Arab national legis-
lation in the field of human rights. This study is currently being
prepared and will include the following chapters :
- A preliminary chapter will analyse in detail the development
of the struggle for the establishment of human rights and
will present the main documents, in particular the Universal
Declaration of Human Rights.

220
 - The first chapter will deal with the various aspects of
current international law in the field of human rights, in
particular the two International Covenants of 1966 and the
Optional Protocol.
- The second chapter will study the legislation (i.e. consti-
tutions, laws, decrees, statutes, etc.) in all Arab countries
to do with civil and political rights on the one hand, and
economic, social and cultural rights on the other, comparing
it with international law to see whether it conforms to, or
contradicts, international legislation.
The conclusion of this work will consist of a general appraisal
of legislation in Arab countries in'the field of human rights, to-
gether with several proposals for the promotion of human rights in
those countries.

221
 5. Human rights research and education -
an Asian perspective

Report prepared by
Radhika Coomaraswamy, of the Marga Institute
for the Sri Lanka Foundation Institute, Colombo

Introduction

This paper attempts to analyse the problems concerned with teaching

human rights in the Asian region as a whole and suggests region-
wide co-ordination as being a means through which human rights may
be promoted.
The major problem areas in this region-wide approach are :
1. to define human rights in the Asian context ;
2. to define a region-wide structure which would contribute
to the promotion of human rights ;
3. to define areas of research to provide a better under-
standing of human rights in the region ;
4. to initiate a programme of educational review which en-
hances the teaching of human rights in the Asian region at
every level of the educational process.
Of the four areas, the definition of human rights in the Asian
context is of primary importance. The major problem with defining
human rights is associated with the integration of culture and
development. The definition must be innovative and convincing to
elicit region-wide interest and identification.
The definition of a region-wide structure which would contri-
bute to the promotion of human rights is also important and requires
governmental co-operation. Initiatives for region-wide co-operation
have already been made. It is unlikely that a regional structure
in Asia would have the same cohesiveness or binding authority of the
regional structures associated with the European Economic Community
(EEC) countries. Nevertheless, a regional centre which co-ordinates
activities on human rights and relays information to national plan-
ners is an important beginning.
Research in the area of human rights is necessary on topics of
primary concern in the Asian region - for example, minority and race
discrimination, discrimination against women and research into
economic rights which are of relevance to Asia. The research should
also include attitudinal surveys so as to assess the perceptions of
human rights among citizens of the different countries. , This would
provide a better understanding of the nature of human rights con-
cern in the region and provide a better framework for future action.
A programme of educational review to revise text books and
teaching material with regard to human rights is imperative, es--
pecially in the sciences where subjects are taught in a manner to

223
produce technocrats with little human rights concern. Besides
review of existing curricula, innovative techniques of teaching
human rights should be explored and training seminars should be held
in this regard.
A proposal to teach human rights in the Asian region will be
confronted with numerous obstacles. Nevertheless, an initiative is
necessary and important for even if such a programme does not
achieve ideal, comprehensive reforms, marginal change in approaches
to human rights would also be welcome and would transform the lives
of many individuals in the Asian region.

II. The teaching of human rights in the Asian region

Except for courses in law schools on the Constitution, civil

rights and international law, human rights as a topic is not taught
to the vast majority of students in the Asian region at any level
of the educational process (1). One of the major reasons for this
is the belief among policy-makers that the subject-matter of "human
rights" is Western-oriented and of low priority in a developing
country. Many third world theoreticians believe that the concept
of human rights acquires a different meaning in traditional cul-
tures and in highly impoverished societies.,
This belief stems from the assumption that even if human rights
as enumerated in the international instruments are inherent in the
existence of man, the specific interpretation given to these rights
is derivative from the social organization of human beings and not
from natural law. Human rights in this context have evolved and
changed as the societies evolved and changed. Human rights are seen
as being dependent on the character of the society which formulated
them and which enforces them. Therefore, an impoverished, pastoral,
isolated community has to have a set of human rights different from
that which governs a highly sophisticated, industrialised society
which belongs to international bodies, has an integrated system of
laws, a traditional judiciary and an effective police. Though no
policy-maker in the Asian region would deny the values implicit in
the Declaration or the International Covenants, the comprehensive
nature of these international instruments allows him leeway in
finding varying interpretations and justifications for his inaction
by stressing the social, political and economic realities of his
particular country.
The Asian countries are deeply proud of their traditions and
culture. All the countries of the region would agree that "human
rights" as a concept existed in their tradition and emerged in their
struggle against colonialism.(2). However, there is a popular con-
ception that even though there is a- tradition of human rights in

(1) "Higher Education", Bulletin of the Unesco Regional Office for

Education in Asia - Vol. VII, No. 1 (1972).
(2) University of Philippines Law Center, Human Rights in the
Philippines, Chapter on the Nature of Human Rights.

224
Asian culture, the interpretations given to some abstract notions
sucn as the dignity and worth of the individual, the manifest forms
of concrete meanings ascribed to notions of equality, justice, free-
dom from want, etc., are of Western importation (3). To present
the concept of human rights as an absolute value without allegations
of ethnocentricity would be an extremely difficult process in the
Asian region. The formulation of an "Asian" interpretation of human
rights which does not compromise the ideals of human rights law may
be necessary before a region-wide programme is established.
The other assumption that human rights advocates must come to
terms with is that the reality presented by the impoverished nature
of some of the States in the Asian region militates against the
exercise of human rights (4). Many Asian planners believe that the
expression "Human Rights" presupposes a level at which biological
entities are bestowed with the dignity of being human (5) and that
the achievement of this "level" is necessary before the comprehens-
ive rights envisaged in the international instruments are adopted as
government policy. Many policy-makers in the Member States o f the
Association of Southeast Asian Nations (ASEAN) have stated that the
achievement of this level of development is the most fundamental
human right, i.e. the right to remain human and the right to have
some autonomy of choice in planning survival.
To overcome these assumptions, human rights in the Asian region
must be integrated with the problem of development and be involved
in the process of planned social change through the continuing exer-
cise of public power and must ensure that the public power is exer-
cised in favour of the deprived and dispossessed. At present human
rights and development remain distinct concepts, especially in
education planning. In the 1960s, education ministries have in-
tensively engaged in educational planning for economic development.
There was also a concentration of effort on science education and
the development of technical (6) expertise. The educational plan-
ner appeared to concentrate on designing an education system as a
production-oriented factory to turn out a specified number of high-
level, middle-level or skilled personnel. The urban oriented man-
power approach of the 1960s and its resulting emphasis on expanding
institutional infrastructure for higher levels of manpower training
have contributed to the phenomenon of educated unemployed mainly in
professional and technical categories.
This attitude of education planners resulted in low priority
being assigned to subjects which had no technical value - human
rights of course was among the topics which were completely ignored.
However, the present decade is witnessing a widening of the scope
of education planning, activated by socio-political problems which
resulted from the emphasis on technical, merit-oriented education (7).
The new planning stresses multi-disciplinary knowledge and an in-
tegrated approach to the problems of development. Economic develop-
ment is no longer seen as the only important aspect of planning but

(3) Ibid.
(4) Upendra Baxi, Human Rights, Accountability and Development
(1978), unpublished.
(5) Ibid.
(6) Educational Planning in the Asian Region, Bulletin of the
Unesco Regional Office for Education in.Asia. Vol. V I I , N o . 1,
(1972).
(7) ibid.

225
education aimed at social and political development is also given
priority. As an education plan is beginning to be viewed as an
expression of a government's total strategy for meeting the learn-
ing needs of the people, it is imperative that the role of human
rights be strictly defined and curricula formulated so that human
rights may become a part of the overall plan for education policies.
Besides the problems of "tradition" and "development", another
reason why government planners generally shun the issue of human
rights is that in recent years, the human rights movement has been
unfortunately associated with the policy of the United States
Government and has been delegitimized in the eyes of the Group of
77. The human rights issue is seen by Third World countries as a
Western attempt to dilute the moral pressure on the member nations
of the Organization for Economic Cooperation and Development (OECD)
to resolve the North-South dispute. Even though the motives be-
hind the human rights impetus of the 1970s may be divisive, it must
be pointed out that the problem of human rights like the North-
South dispute cannot easily be ignored. Policy-makers should con-
sider whether the Third World as a bloc may find it useful to seize
the initiative from the OECD nations and police its own with regard
to human rights issues. In doing so, it could mould the future of
the human rights movement, without diluting its legitimacy, to re-
flect better the many aspects of human rights and not only the
Western concept as enumerated in the Bill of Rights to the United
States Constitution. Though human rights is part of the ideological
warfare between North and South, it cannot be evaded, as Third
World countries have long since acknowledged the concept of human
rights as an accepted norm of the international system. Once the
norm is acknowledged, the disparity between rhetoric and practice
becomes too glaring and may be easily used to blunt Third World
demands in other areas of international co-operation. Policy-
makers should consider whether the Asian countries with their his-
torical traditions of respect for human life should seize the
initiative from the OECD nations and help make human lights as rele-
vant a concern for developing countries.
Another impediment to the teaching of human rights in the Asian
region is the lack of political will to implement programmes of this
nature.
All the countries in the Asian region are signatories to the
UN Charter (8) and therefore parties to the Universal Declaration
of Human Rights ; some are signatories to the International Covenant
on Economic, Social and Cultural Rights and to the International
Covenant on Civil and Political Rights. The vast majority of
countries in the Asian region are legally bound by the norms set out
in the respective International Covenants and the Universal Declara-
tion of Human Rights. The problem does not lie in convincing the
respective governments to adopt the legal and ethical norms spelled
out by these international instruments but in :
(a) the interpretation of the provisions which permits one
right to be developed at the expense of another and which
allows for an increasing number of justifications and res-
trictions to curtail the operation of human rights for the
"welfare of the state" ;

(8) Universal Declaration of Human Rights is deemed by most autho-

rities to be incorporated in the UN Charter. Cf. Sohn, United
Nations.

226
 (b)the elaboration of government policy with regard to human
rights which does not aim at increasing mass awareness
and which renders human rights a low priority indicator
in government plans and projects.
Johan Galtung in his project proposal on Goals, Processe? and
Indicators of Development classified in a comprehensive manner the
needs and rights outlined in the above enumerated international i.-
struments.

Table 1

Category Needs and/or Rights Goods/Services

Security ( Individual : against ac- SECURITY

( cident,
:ITY

( homicide
a ( Collective : against
SEC

( attack, war

Physiological( Input : nutrition, air, FOOD,

( water, sleep
( Output : movement, WATER
( excretion
w Ecological ( Climatic : protection, CLOTHES,
f£ ( privacy SHELTER,
< ( Somatic : protection MEDICAL
b ( against dis- TREATMENT
h]
( ease, health
W Socio- Culture : self-expression ,SCHOOLING
S cultural dialogue,
education

Mobility ( Right to travel, be TRANSPORTATION

( travelled to
( Right of expression, COMMUNICATION
( impression
( Rights of consciousness- MEETINGS,
( formation MEDIA
a ( Rights of mobilization PARTIES
o Politics ( Rights of confrontation ELECTIONS
Q Legal Rights of due process COURTS, etc.
w of law
H Work Right to work JOBS
tt ( Right to choose occu-
En ( pation
( Right to choose spouse
( Right to choose place
( to live
 Table I (continued)

Need of self-expression HOBBIES

praxis, creativity LEISURE
H Relation to Need for self actuation, LEISURE
self realizing potentials syn- VACATION
z (individual and diachronically
w needs) Need for well-being,
o happiness, joy VACATION
H Need for sense of pur- RELIGION
pose ; a sense of meaning IDEOLOGY
with life
Relation to Need for affection, love, PRIMARY GROUPS
others sex, spouse, offspring
(collective Need for roots, belong- SECONDARY GROUPS
needs) ingness, support, asso-
ciation with similar
humans
Need to be active, to be
subject, not passive,
client, object
Relation to Need to understand what
society conditions one's life, for
(social social transparence
needs) Need for challenge, new
experience also intellectual
and aesthetic
Relation to Need for some kind of part-
nature nership with nature (9)

Though most of the Asian countries would recognize the norms

spelled out by Mr. Galtung as being valid, the choice of priorities
among these needs and rights determine the quality of life within
their borders. Most of the countries of the Asian region have
placed a premium on needs and rights associated with "security" (10)
and some have made welfare then top priority (11) but few of the
Asian countries give high priority to the needs and rights associ-
ated with "freedom" and "identity". In fact, in outlining their
policy on human rights, many Asian countries have made "security"
and "welfare" necessary justifications for denial of rights as-
sociated with "freedom" and "identity". For example many commenta-
tors have observed that Sri Lanka is the Asian model of welfare-
oriented development (12). Sri Lanka has been commended for having

(9) John Galtung, "Goals, Processes and Indicators of Development.

(10) Countries such as Philippines, Indonesia and Singapore.
(11) Countries of South Asia, India and Sri Lanka, the Marxist
countries of Viet-Nam and Cambodia appear to combine vigorous-
ly both aspects of security and welfare.
(12) "Cf. Marga Institute, Participatory Development - The Case of
Sri Lanka, (1977).

228
devised policies aimed at providing the majority of the population
with essential social services such as the provision of food,
shelter, medical treatment and educational facilities (13). How-
ever, an analysis of Chapter VI of the Sri Lanka Constitution of
1972 (14), referring to fundamental rights and freedoms, would im-
mediately highlight Section 18(2) which states :
"the exercise and operation of the fundamental
rights and freedoms provided in this chapter
shall be subject to such restrictions as the
law prescribes in the interest of national
unity and integrity, national security,
national economy, public safety, public order,
the protection of public health and morals or
the protection of rights and freedoms of
others or for giving effect to the Principles
of State Policy".
The restrictions are comprehensive. Restrictions of national
economy and "Principles of State Policy" make it clear that the
exercise of rights by citizens is completely secondary to the de-
velopment goals of the government. The restrictions of national
security and public order allow for the protection and the security
of the State at the expense of individual liberties. The policy
is clear, "welfare" and "security" are absolute priorities. The
Philippine Constitution's Bill of Rights (15) contains an exhaustive
list of fundamental freedoms along the lines of the United States
Constitution. However, upon declaration of martial law, these fun-
damental freedoms may be abridged without violating the Consti-
tution (16). Though this justification, of martial law for the
security of the State, has allowed the Government to accelerate
economic growth, reduce internal disorder and pursue a "fulfilment
of basic needs" oriented policy, the basic fundamental freedoms
have been totally suspended (17) . Again it may be said that for
the Philippines, as for other governments of the Asian region,
human rights associated with the security of the State and the wel-
fare of the economy are the most fundamental. This approach to
human rights is unlikely to change in the near future. Though
there is agitation for a greater synthesis of these rights with
fundamental freedoms, as witnessed by the General Elections in India
and Sri Lanka in 1977, the consensus on the priority of "security"
and "developmental" goals is accepted by most policy-makers in the
Asian region.
The choice of priority goals is, however, tempered by the nature
of the political tradition the countries of the region have in-
herited. India and Sri Lanka, for example, are greatly influenced

(13) Ibid.
(14) The new republican Constitution of 1978 has abolished the very
wide restrictions to all fundamental rights contained in
section 18(2) of the previous Constitution and has narrowed
down restrictions to each fundamental right.
(15) The Philippine Constitution, Art. IV, (1973) .
(16) The University of Philippines Law Center, op. cit.
(17) ibid.

229
by the liberal political tradition of Great Britain and the supre-
macy of Parliamentary democracy. The priority goals of "security"
and "welfare" operate within this framework and are tempered by the
nation-wide acceptance of such liberal human rights as the right to
vote, the right to expression and association. The Marxist countries
of the region, Viet-Nam and Cambodia, temper the priority goals of
"security" and "welfare" with a vigorous policy of redistribution,
inherited from the tradition of Marxist thought.
Unlike the cases of India, Sri Lanka, Viet-Nam and Cambodia, the
nature of political tradition in other countries of the region is
more difficult to ascertain. However, it is necessary to analyse
the "• complex history of these traditions, for along with the
specific priority goals of the present governments, this history
determines the parameters within which a human rights movement must
function. The optimism which may be engendered in considering a
region-wide human rights policy on education must be supplemented
by the realistic appraisal of the goals and political traditions of
the respective governments.
Even though human rights as a topic is not directly taught as
a subject in Asian schools and universities due to the reasons enu-
merated above, it would be untrue to state that students do not im-
bibe concepts related to human rights in a more indirect fashion.
In many Asian countries, religious instruction is a compulsory sub-
ject to be taught to school children. In understanding the moral
precepts of Buddhism, Hinduism and Islam, children are exposed to
many concepts which form the content of present-day human rights.
Though there are precepts which militate against human rights, many
are rarely taught in schools, indicating an awareness that such pre-
cepts may not be valid in the modern context (for example, a class
on Hinduism in either India or Sri Lanka rarely discusses the concept
of caste) (18). These courses of religious instruction, if supple-
mented by materials on the subject of human rights with illustra-
tions of modern day problems, could easily provide a framework for
the discussion of human rights among school children. In Brazil,
for example, the Catholic churches are in the forefront of the
human rights movement (19). Human rights education may easily find
a secure foothold in these courses of religious instruction. In
some countries "ideological" instruction replaces religious in-
struction. The same policy may apply there (20).
Another area where human rights is indirectly taught to school
children is in "history"classes, especially in the discussion of
the "independence movements" in the respective Asian countries.
The notions of the right to self-determination and of racial equa-
lity emerge strongly from the teaching of the leaders of the
various independence movements. Historical figures who defined

(18) Example, Sri Lanka - Grade X Hinduism, 'O' Level requires know-
ledge of the lives of the Saints, rituals in temple and memo-
rizing verses but no mention of caste.
(19) World Council of Churches, Commission on the Church's Partici-
pation in Development.
(20) More precisely, Viet-Nam and Cambodia.

230
 colonialism and rulers who were "just" in ruling the nation are
idealized and an analysis of this idealization would discover traits
• which are accepted norms of present-day human rights (21).
In conclusion, therefore, it may be said that to initiate
teaching of human rights in the Asian region, human rights advocates
must convince government policy-makers that :
(a) human rights need not be a Western-oriented subject ;
it is inherent in man and is fostered by the culture
and tradition of Asia and should be taught to students
of all ages ;
(b) human rights can be integrated with education planning
for development, since development is no longer con-
ceived of in purely economic terms but also includes
social and political advancement ;
(c) human rights are as important for Asian countries as
for OECD nations and the rhetoric of the North-South
dispute should not cloud its significance ;
(d) human rights movements should make a realistic poli-
tical appraisal of the parameters within which they
must operate.
And, even if the teaching of a subject such as "human rights"
is not feasible, existing subject matter such as religious instruc-
tion and history could be revised to reflect general concepts be-
hind the norms of present-day human rights.

III. Toward a general policy of teaching human rights in the Asian

region

Any attempt to identify a human rights policy for education in

the region must first begin with a definition of human rights, not
only in an absolute sense but also in terms of development and in-
digenous culture. Human rights in an absolute sense implies a
minimal guarantee of basic rights which are seen as fundamental to
human existence. From the Western industrialized societies, poli-
tical, individual rights such as the freedom of speech, freedom of
belief and association and freedom of movement, etc., have become
the cornerstone for the growth of the human rights.movement in the
twentieth century. However, since the 1920s and the development of
the socialist ethic, collective economic rights such as the right
to work, freedom from hunger, right to shelter and education, etc.,
have also become constituent elements of the concept of human rights.
With the process of decolonization in the 1950s and 1960s, notions
of the right to collective self-determination, racial equality etc.,
have recently emerged as fundamental international norms of human
rights law. And, finally, recent experiences in Tanzania and the
People's Republic of China have given legitimacy to public partici-
pation in the decision-making process of small decentralized com-
munities. Any policy on human rights must embody a synthesis of

(21) More precisely, the idealized personalities appear to have

characteristics of :
(a) providing people with basic needs ;
(b) providing people with culture and art ; and allowing
full expression to the individual ;
(c) equality of treatment among citizens ;
(d) rule by law, not arbitrariness.

231
all of the above factors and a minimal guarantee of these basic
rights. Justification of a trade-off between an abundance of one
right to the negation of others should no longer be recognized as
valid. A perspective on human rights should not suffer dilution
by subjective State policy. It is imperative that the movement
retain high standards of integrity and not become a cover for dis-
criminatory or indifferent government action.
The absolute definition of human rights must be supplemented
by indigenous elements in the spiritual and cultural traditions of
the Asian region which favour the promotion of human rights. There
are many aspects of the culture of the Asian region which are huma-
nistic in origin and practice ; for example, the Buddhist precepts
of non-discrimination (22) along the lines of caste, sex, religion,
or, to take another example, customs of collective labour on agri-
cultural fields and sharing of produce (23) or the autonomous demo-
cratic institutions which were prevalent at local levels before the
coming of the Western powers (24). These aspects of Asian human
rights should be researched, studied in detail and synthesized with
the international precepts outlined in the international instruments
of human rights law. In this way, Asians who are proud of their
culture could more readily identify with the precepts of human rights
and internalize the norms as being indigenous to their community.
The notion that human rights is a Western import would also be dis-
pelled in a similar manner. There are nevertheless traditional
cultural norms in the Asian region especially with regard to women
and the "lower" classes which militate against the exercise of
human rights by certain disadvantaged groups. These traditions
should be analysed from a sociological perspective and exposed as
being unnecessary in the context of modern development. The values
behind these traditions could be explained as being functional at
an earlier time but irrelevant at present, even though they linger
on as vestiges from another era. In this way, the countries of the
region would be forced to take a critical look at human rights in
theory and practice and would be forced to analyse their traditions
in light of the universal precepts they acceded to when they signed
the international instruments of human rights law.
Though the factorsmentioned above help one evaluate the general
precepts of human rights to be practised in the region, it is also
imperative that a policy on human rights be incorporated within the
strategy of development in Third World countries. At present, the
Asian region witnesses two types of development strategies, growth-
oriented development and need-oriented development. The ASEAN
countries appear to be following a growth-oriented strategy whereby
emphasis is placed on economic growth and production. Based on
the traditional model of economic development, the strategy aims
at meeting the needs of the society through increasing capital de-
velopment and the gradual absorption of the industrial workforce
arising from the increase in employment opportunities.
The role of "human rights" in a system of growth-oriented
development is difficult to ascertain. As the priorities of govern-
ment are economic development, the encouragement of human rights

(22) Jathaka stories, Gunasena & Sons Ltd., Colombo, Sri Lanka.
(23) Barrington-Moore, Social Origins of Dictatorship and Democracy
- Chapters on India, Japan, China. Beacon Press, Boston.
(24) Cf. Panchayat system in the Indian villages.

232
will always be secondary to the development of technical and pro-
fessional skills. However, it is also true that in most of the
ASEAN countries, private enterprise is taking a leading role in the
strategy of development. The government appears to remain more
passive, providing infrastructure, incentives and disincentives
without undue interference in economic activities. Therefore,
through the regulatory framework and with the aid of incentives
human rights may be encouraged. In the Western industrialized
countries the regulatory system is used to require private entre-
preneurs to conform to government goals - for example, tax incentives
are given for non-discriminatory hiring policies or for public
interest activities which would help the needy, etc. (25) In the
area of education in the Asian region, tax incentives could be given
for private sector donations to educational programmes which foster
human rights. Along with involving the private sector in the human
rights issue, the governments of this region which follow a growth-
oriented strategy could ensure that human rights form part of the
programmes in schools and universities.
The Declaration of Cocioyoc stresses that human beings have
basic needs, "food, shelter, clothing, health and education and
that any process of growth that does not lead to their fulfilment
is a travesty of the idea of development". (26) Despite this con-
currence that such needs should be met, there is also awareness
that "needs" is a disputed concept and depends on the priority of
values. Nevertheless, it is acknowledged that needs are not only
physical, as enumerated at the Declaration of Cocioyoc, but also
psychological, political and material. To satisfy one without the
other would be neither consistent nor possible (27).
Despite this awareness of needs, there is agreement that em-
phasis on basic needs may lead to a situation of conflict between
needs and rights (cf. Galtung) and that resolution is necessary.
To supplement the concept of basic needs, therefore, parallel con-
cepts of rights such as "Access" and "Participation" have also been
developed. Those rights are aimed at the organization of every
segment of society to have access to their needs, to articulate
their demands and to participate in the decisions which attempt to
satisfy their needs. In other words, basic needs are no longer
seen as a top-down approach where government and bureaucracy de-
termine the needs of the people but as an integrated process where
government co-operates with grass-root level functionaries to de-
termine and satisfy the needs of the people.
A strategy pledged to basic needs contemplates an increasing
role for the public sector and the involvement of representative
government in every sphere of economic and political activity. The
formulation of a comprehensive government policy on human rights
would therefore have far-reaching effects in the society as a whole.
As planning is the rule and not the exception, human rights advo-
cates could affect the fabric of society by involving themselves in
the process of planning. Every government project or plan should
be evaluated with a cost/benefit determination of its effect on
human rights. Education planning should incorporate curriculum

(25) Internal Revenue Code, with Amendments. Chapters on Deduction

and Credits (1978).
(26) The Declaration of Cocioyoc (1974) .
(27) Hammarskjpild Foundation, What Now - Another Development.

233
changes and extra-curricular activities directly aimed at increasing
awareness of the human rights issue. If the South Asian countries
are truly pledged to development through the satisfaction of basic
needs and the provision of access to all segments of the society,
then issues of human rights could easily be incorporated within the
development process.
In conclusion, it may be said that, before one determines a
strategy of human rights within the framework of national education-
al policy, it is necessary to define a general policy approach to-
wards the teaching of human rights within the region as a whole. A
regional approach would require :
(a) the adoption of absolute values as stated in the inter-
national instruments of human rights law and acceded to
by most of the Asian states, and
(b) supplemented by values which have their origins in the
culture and tradition of the Asian region, and
(c) interpreted in the light of the particular develop-
ment strategy adopted by the respective countries.
A Code of Human Rights for the Asian region should be for-
mulated along these lines by a regional group of experts.

IV. A strategy for human rights research and education in the

Asian region

Recently, proposals have been made for the creation of an in-

stitutional body to co-ordinate human rights activities in the
region. As economic and cultural ties in the Asian region are not
as extensive as the EEC to develop a system of regional courts with
jurisdiction over human rights issues, the institution would have
to function as an advisory body, collecting information and co-
ordinating activities.
Initiatives in the regional area should begin with an Asian
seminar on the topic of human rights so as to define the concept
of human rights and to provide a framework for action, possibly
along the lines outlined in the previous section. This seminar
should be followed by a high-powered commission of inquiry which
would travel to various countries in the Asian region and publish
a report on "Human Rights in Asia" on a country-by-country basis.
The groups in the individual countries who are suffering a depriva-
tion of human rights should be identified and their grievances enu-
merated. This report could be made public and provide background
material for future action on the regional level. Finally, a secre-
tariat could be set up which would co-ordinate action and collect
documentation. The co-ordinator could identify and foster private
citizen groups at the national level to champion the cause of human
rights within the individual countries. It could encourage govern-
ments to set up institutional mechanisms within their executive
administration which would evaluate developmental policy with re-
gard to its effect on human rights (28).
Such a Centre could play an active role with regard to educa-
tional policy, co-ordinating strategy, publishing textbooks and con-
ducting training seminars on the question of teaching human rights
to students at every level of the education process.

(28) Coomaraswamy, Toward a Policy of Human Rights for the Asian

Region, Marga Institute.

234
 The stress on education must be accompanied by extensive re-
search into human rights in the Asian region. Research into im-
portant issues and the substantive teaching of human rights are
interdependent and extremely necessary.

A. Research

Research should generally cover the following areas :

1. patterns of indigenous culture which encourage human
rights ;
2. structures in the nation which could take initiative
in the field of human rights ;
3. the formulation of legislation and institutions to
best effect human rights ;
4. discriminatory practices in the various sectors of
the society ;
5. activity which will help raise consciousness with re-
gard to human rights.
Each country in the region should devise a project for re-
search to be co-ordinated by the Centre and which would in-
corporate the following issues :
(a) Race and minority discrimination
Research in this area must :
1. develop a conceptual understanding of the
minority problems in each country. The many
theories on the nature of the minority problem
in various countries (whether the problem is one
of competing "minority complexes", one of élite
competition for scarce resources, whether it is
the product of conscious, invidious discrimina-
tion on the part of the central government, etc.),
should be evaluated and a comprehensive report
on the conceptual aspect of the minority prob-
lem should be presented so as to dispel simplis-
tic understanding of a complex issue ;
2) take issues with "on the face" legislative dis-
crimination with their blatantly discriminatory
aspects and suggest alteration which would ac-
commodate the interests of both the majority
and the minority communities in the respective
countries ;
3) identify issues of a more complex socio-economic
nature such as the problem of equal opportunity
in employment and education and the conflict
with other remedial policies of the government ;
identify the interests of each of the parties
and suggest remedies which accommodate interests
of the parties with lines of distinction based on
other grounds besides race - for example income
level, etc.;
4) suggest alternative institutional arrangements
such as political decentralization to promote
' the interests of a minority community. At the
same time, identify political strategy of pre-
sent governments which might have unequal effect
on the minority communities ;

235
 5) conduct a survey of attitudes and perceptions of
the local people to the race question and sug-
gest institutions at the community level which
might foster goodwill among the communities ;
6) explore institutional mechanisms and legislative
means whereby a minority community can question
policy which appears to be against their in-
terests. Recourse to courts and administrative
machinery should be considered.
(b) Discrimination against women
Discrimination against women is a sensitive issue in
most Asian countries and there is need for much dissemina-
tion of material on the subject so as to increase awareness
of the existence of discrimination and the necessity to in-
stitute change. Research in this area should include :
1) a legislative approach with in-depth scrutiny
of present legislation and its discriminatory
effects on women. One could begin activity in
this area by demanding that amendments be made
in the Constitution since it allows for the dis-
crimination of women in the hiring practices of
the public sector. Secondly, there could be
some important activity in the area of equal pay
for equal work. Since this inequity often works
against poor women in both the rural and urban
sectors, some measure of relief is definitely
warranted ;
2) some research could be conducted into the un-
organized sector of the economy, i.e. women en-
gaged in agriculture and small cottage industries.
Since these women are completely outside the
scope of labour laws and are often bypassed by
developmental programmes, their problems must
be immediately confronted. Research through
case studies into their style of life, their
needs and their participation in the community
must precede the formulation of legislation for
their protection. Once these case studies are
compiled through anthropological research, ap-
propriate legislation could be drafted and ap-
propriate institutional mechanisms could be
suggested which would review developmental
strategy with the interest of rural women in
mind ;
3) some research could also be conducted in the
urban sector through case studies of hiring
practices, promotional practices and unequal
pay to isolate the factors which contribute to
the discrimination against women in what is
supposedly the modern sector. The use of
quotas in hiring should also be questioned and
justifications of discrimination on "the natural
difference" between men and women should also
be studied carefully ;
4) some attitudinal surveys should be carried out
to give insight into attitudes and perceptions

236
 of different groups of people. Once these atti-
tudes are identified, material could be disse-
minated to raise awareness as to certain
invidious practices against women ;
5) finally, institutional and legislative measures
should be introduced which would safeguard
against discrimination of women and which would
allow women to challenge discriminatory prac-
tices in society.
(c) Political rights
The vindication of certain fundamental political
freedoms is an extremely important aspect of human rights,
especially in recent years.
1) Little research is needed as to the necessity
of these freedoms but research into alternative
modes of expressing these rights should be ex-
plored. For example, collective participation
at the local level as opposed to representative
democracy, etc.
2) A study into institutional mechanisms which
would act as watchdogs against the erosion of
these rights, for example, private community
organizations which are given standing in court
to sue on behalf of the public, a human rights
commission within the Ministry of Planning which
would guard against the formulation of anti-
human rights legislation, etc... However, there
is no doubt that institutions will not protect
against the erosion of these rights unless poli-
tical will is exercised in their favour by the
government in power. Protection of these rights
is a norm which must be developed over time
along with a sense of institutional responsi-
bility. A code of conduct for public officials
may be a useful way through which this sense of
institutional responsibility could be articulated.
Finally, training seminars and other activity
to instill the importance of institutional in-
tegrity are also necessary.
(d) Economic rights
Of all the areas covered by the topic of human rights,
the concept of economic rights is hardest to define
and nearly impossible to implement. . Some of the
rights enumerated are totally dependent on the total
economic picture of the country and have little bear-
ing on individual rights ; but others, like the equit-
able delivery of services, have an important element
of a basic human right - i.e. the right to public
services and the equality of treatment with regard to
these services. A research project in this area
should :
1) identify areas where economic rights can be cor-
related with individual rights. Where these
rights could be vindicated without challenging
the basic prerogative of the State to plan and
implement policy, the research could begin with

237
 case studies into individual government pro-
grammes so as to identify a typology of economic
rights which could be vindicated through a pro-
gramme of economic rights ;
2) . search for legislation and institutional mecha-
nisms through which these rights could be ar-
ticulated and vindicated either through the
judiciary, the administration or through public
participation where the government would have to
answer to questions raised by representatives of
the community. An anthropological study into
the marginalized sectors of the economy and their
social organizations so as to identify elements
which may be instrumental in bringing about ef-
fective participation in economic decision-
. making would be an important place to begin.
Literature on basic needs and access may also
prove to be useful. Once the social systems of
accountability are identified, institutional
systems could be set up so as to facilitate ac-
cess to government and bureaucratic officials.
(e) General activities associated with human rights
As background for activities involving human rights,
the following programme should be carried out :
1) research into patterns of indigenous culture
that foster human rights and those that militate
against them ; the methodology must include
historical and anthropological research ;
2) surveys of people in various sectors of the
society so as to ascertain their attitudes and
perceptions of human rights.
Once these general activities are carried out, the imple-
mentation of a human rights programme within the context of a
developing country and a traditional society would be conducted
in a more realistic manner.

B. Educational Review

Besides research into areas'of human rights concern, the

Regional Centre should undertake to help national governments
engage in comprehensive revision of curricula and textbooks at
every level of the educational process with the aim of develop-
ing awareness among the students. A suggested syllabus for the
teaching of human rights should include the following :
1) the history of human rights including the development
of humanitarian international law and rules ;
2) the protection of persons under local and international
laws ;
3) the protection of minorities under local and inter-
national law ;
4) protection of persons under the international instru-
ments of human rights law who are in a state of
dependency - the ill, handicapped, immigrants, prison-
ers ;
5) the protection of economic rights such as the right
to work, the right to fair wages ;
6) the satisfaction of survival needs - freedom from
hunger, freedom from starvation ;

238
 7) protection of human rights in armed conflicts ;
8) the development of national and international insti-
tutions, programmes and agencies for the protection
of human rights ;
8). the causes that impede the better protection of
human rights (29).
Human rights should be required subject matter in secondary
schools, preferably during the years 14 - 17 (30), when the
students begin to acquire political, economic and social aware-
ness. The human rights subject-matter should be integrated
into classes on history and social science. In some Asian
countries, the students are divided into those who specialize
in science and those who specialize in arts at a very early
age (31). Äs one of the main problems that human rights ad-
vocates face is the priority given to technical sciences, it
is imperative that science students also be drawn into dis-
cussions on human rights so as to ensure that even technologi-
cal development will have a human face. Besides introducing
science students to the concepts inherent in the appreciation
of human rights, the importance of science serving humanity
should also be stressed during the actual process of teaching
science. All scientific developments should be evaluated from
a humanist perspective. The centre should publish relevant
textbooks for this age group which would highlight the issues
concerned and conduct teacher-training seminars for the teach-
ing of human rights.
Though 14-17 years may be the ideal age for teaching the
historical and conceptual aspects of human rights, curricula
revision is also necessary for primary schools and higher edu-
cation institutions.
Äs the years 6-14 are impressionistic years, textbooks of
these students should be reviewed from a human rights perspect-
ive. In reciting stories to young children, human rights should
not be dispensed with, even for the sake of simplicity. For
example, until recently, a student's Grade II textbook in an
Asian country, consistently used the adjective "cruel" in des-
cribing members of the minority community (32) . Violence is
also prevalent in the textbooks of young children, usually for
graphic presentation but ignoring the implications for human
rights. Another aspect of conditioning children is the per-
vasiveness of sex and class roles which prevail in both text-
books and curriculum choices at all levels of the educational
process. The regional centre for human rights should conduct
an intensive survey of these primary teaching material and
teaching methods, evaluating their content and suggesting re-
visions.

(29) University of Philippines Law Center, op. cit. Discussion on

the Promotion of Human Rights.
(30) In Sri Lanka, the Education Ministry chose the age group as
the one most receptive to social science under the National
Certificate of General Education (1974-1977) .
(31) As most of the Asian countries of the region adopted the
system from their colonizers, the system of specialization
at age 16-17 is accepted throughout Asia except in countries
like the Philippines which have been affected by US influence.
(32) Sri Lanka, Kumarodhaya, Grade II, Stones'on King Duttugemunu.

239
 Higher education is also in need of revision from a human
rights viewpoint. The "arts" and "social science" streams
directly or indirectly convey the issues concerning human
rights but the science faculties remain purely "scientific"
and are rarely concerned with human rights. It is imperative
that the Regional Centre devise curriculum reform for every
aspect of university education. Medical schools, law schools
and engineering faculties along with social scientists must be
compelled to discuss human rights issues when they are of re-
levance. Model textbooks synthesizing human rights concerns
within these specialized areas should be developed by the
Centre. Teaching methods which would enhance inquiry into
these aspects should also be outlined.
In addition to improving the curriculum within schools and
universities, teaching methods which foster awareness and har-
ness the creativity of the student should also be encouraged.
Besides a historical presentation of the concept of human
rights, other techniques such as the case study method should
also be used. Students should be presented with case studies
of gross violations of human rights and be asked to identify
the relevant precepts ; Hitler's Germany and South Africa
should be studied in detail. Other case studies, preferably
from the country's own past, could also be analysed. Advanced
students should be presented with more complicated issues of
human rights, such as the problem of minorities in their own
country, the issues of workers' rights, freedom of expression,
etc., through case material of particular situations where a
human right has been denied.. Even if actual case material is
not present, hypothetical cases should be studied to highlight
the important aspects of human rights.
Another technique which would also be useful is the tech-
nique of "role-playing" - especially in a poly-ethnic context.
Students of one community could be asked to depict the life-
styles and values of members of the other community or to ar-
ticulate the demands and needs of the other community. In
this way students would be sensitized to the concerns of com-
munities other than their own.
The creative impulses of students should also be developed.
For example, in Sri Lanka, under the auspices of a statutory
body, the Sri Lanka Foundation Institute, a poster competition
on human rights is being conducted among school children
throughout the island. The children have been asked to select
their favourite article from the Universal Declaration of
Human Rights and to illustrate its content in the form of a
poster. The age-groups vary but children from the age 9 - 1 7
are being involved in the competition through their schools
and with the help of the Ministry of Education. Such activity
serves an extremely important purpose. Other types of activi-
ties could include poetry competition, short story competitions,
etc. Schools could organize region-wide exhibitions on human
rights or on particular movements and revolutions which have
aspired to the highest ideals of human rights - for example,
Gandhi's Satyagraha Movement in India, or the French Revolution,
the Russian Revolution, etc. The Centre should encourage the
development of these extra-curricular activities which allow
students to give expression to human rights in a creative and
innovative manner.

240
 Even though the formal educational structure within the
countries of the region must incorporate human rights in their
teaching curriculum, it is also imperative that the non-
school going population be made aware of issues concerning
human rights. The Centre should devise policies for the ef-
fective use of the media to disseminate information among the
citizenry and to increase understanding of the importance of
human rights.
In this arena of raising mass consciousness throughout the
area, non-governmental groups that wish to promote human rights
should be encouraged to engage in activity which would increase
understanding of human rights. From research institutes to com-
munity organizations, the campaign to educate people on the
question of human rights should use the resources of all con-
cerned institutions in the country, whether governmental or
private.

In conclusion, a strategy of human rights in education plan-

ning must involve research along with educational review. The
Regional Centre should provide the initiative in both these areas
through funding projects at the national level, by conducting
seminars for teachers and researchers and by publishing textbooks
and relevant materials. It is essential to reiterate the statement
made at the beginning of the paper : a comprehensive strategy on
human rights research and education will be implemented by national
governments only if it is innovative, convincing and utilitarian.
The Regional Centre should make an effort to devise policies, plans
and projects which would meet these requirements without compromis-
ing the aims and principles of a genuine human rights initiative.(33)

(33) For further information contact Mr. E.A.G. de Silva, Sri Lanka
Foundation Institute, 100 Independence Square, Colombo 5.

241
 6. Summary report of the Symposium on International
Human Rights Education, Wingspread Conference Center, Racine,
Wisconsin, USA (19 - 22 June 1978)

Prepared by Judith V. Torney,

Professor of Psychology, University of Illinois at Chicago Circle,
Member of the US National Commission for Unesco

A symposium on international human rights education, sponsored by

the Unesco Participation Programme and the United States National
Commission for Unesco (with assistance of the Commissions of Canada,
Finland and the Federal Republic of Germany) was held in co-operation
with the Johnson Foundation from June 19-22, 1978. The symposium
was held at the Johnson Foundation's Wingspread Conference Center
in Racine, Wisconsin, USA. The twenty-eight participants included a
team from each of the countries listed above. On each team there
were specialists in international law, in curriculum development,
in teacher training, and in educational research. Participants from
Costa Rica and St. Vincents also attended.

Purpose and design of the symposium

Although many of the participants were specialists in teaching

human rights at a law school, the focus of the symposium was on
primary- and secondary-school education since attitudes sympathetic
to human rights are likely to be formed early in children's develop-
ment and since there is a paucity of material on international human
rights suitable for this level. It was thought to be especially
important that specialists in international law and the content of
human rights be represented since there is some evidence that pro-
grammes often have not been initiated at the primary and secondary
levels because educators believe that these subjects are too diffi-
cult to obtain information about or too technical.
An attempt was made to make the design of the symposium itself
a kind of model for future efforts in human rights education. It
was also intended to follow closely the suggestions made in the
1974 Unesco Recommendation concerning Education for International
Understanding, Co-operation and Peace and Education relating to
Human Rights and Fundamental Freedoms.
First, as indicated above, the group of participants was both
international and interdisciplinary in' its composition. The inter-
national law specialists provided a wealth of concrete suggestions
for topics to stress when considering human rights institutions and
procedures and for sources of information on cases. The specialists
in curriculum development presented many innovative suggestions con-
cerning activities that would appeal to children and youth ; the
teacher-training specialists pointed to the need for extensive
training programmes which consider aspects of the climate and conduct
of the classroom as well as curriculum guidelines and materials ; the
educational researchers indicated what is known about basic levels
of awareness and attitudes in young people and what additional re-
search is needed.

243
 Second, it was also hoped that the design of the agenda might
serve as a model. Although each participant was asked to provide
a ten-page working paper in advance of the symposium, there were no
formal presentations. Instead, the participants introduced the
two or three major themes of their papers as part of a self-intro-
duction. The first two sessions, in plenary, dealt with the history
of the protection of human rights and its current status, the im-
portance of distinguishing between national and international human
rights, and methods of raising teachers' awareness of human rights
issues. Following these sessions, the participants were divided
into five working groups which were diverse in nationality and dis-
cipline. Their attention was directed to major questions ; after
several wide-ranging discussions a rapporteur from each group pre-
sented a draft report to the plenary session. An opportunity was
also given to each country team to formulate plans for additional
activities in their own Member State. The discussions gave each
participant an exposure to the ideas and practices of those in other
nations and other disciplines, an opportunity to have ideas re-
flected in a written report, and a chance to plan the direction of
activities for the future.
Third, this four-day meeting was designed to be part of an
on-going effort. The working papers • and conclusions of the five
working groups are currently being summarized in a report which will
be published and distributed in the series of Wingspread Conference
Reports. A listing of the materials and publications which parti-
cipants displayed at the conference will be included. Follow-up
activities are planned so that in two or three years it will be
possible to evaluate the effect of this symposium upon educational
practice in the participating countries.
To summarize, there are three ways in which it was hoped that
this symposium might provide a model for human rights education
programmes. The participant group was international and inter-
disciplinary. The agenda encouraged the exchange of ideas among
small groups with provision for the more formal recording of opin-
ions in a report. Finally, a co-ordination of meetings with publi-
cations is planned to produce a continuity of effort.

The symposium discussion

The attention of the participants was directed to four topics :

the content ,of international human rights, teaching strategies,
teacher education, and needed research.
There was general agreement that the instruments which form
the International Bill of Rights - the Universal Declaration of
Human Rights, the Covenant on Civil and Political Rights and the
Covenant on Economic, Social and Cultural Rights - are the basic
content of international human rights education. Of importance also
are the Convention on the Elimination of all Forms of Racial Dis-
crimination, the Genocide Convention, and the Convention Against
Discrimination in Education. These instruments are vital because
they set standards that have been agreed to by the international
community and that legitimate concern and action against violations

+ Two papers from regional organizations - the Council of Europe

and the Organization of American States - will be included in
the summary although representatives of these organizations
were unable to attend at the last minute.

244
of human rights. Of themselves, however, these documents do not
constitute easily understood classroom exercises. Neither does
knowledge of these documents necessarily lead to concern, commit-
ment, or willingness to act in support of human rights. It is
therefore important to extract themes from these instruments which
can serve as the basis for constructing curriculum materials.
Among the themes identified by participants were important historic-
al landmarks in the protection of human rights ; the universality
of mankind's yearning for human rights and dignity ; the principle
of non-discrimination ; equality ; the role of international or-
ganizations in protecting human rights ; the role of regional or-
ganizations in protecting human rights ; and the activities of non-
governmental organizations in the human rights field.
Several suggestions were nade about the approach to these
topics. Teaching about human rights needs to take place within a
global or international context. Children should become as familiar
with the International Bill of Human Rights as they are with the
parts of their own nation's constitution, laws or traditions which
deal with human rights. The global context also draws attention
to the conditions associated with the enjoyment or deprivation of
human rights. Global problems - environment, hunger and the arms
race - are also important.
The historical context should also be considered. A number of
suggestions were made concerning study of the lives of individuals
who have made significant contributions to furthering human rights.
This was identified as part of a positive approach to the subject,
which is too often considered by discussing only negative aspects
in the form of violations.

Four objectives were identified :

1) to make students aware of the universal yearning for human
rights,
2) to give them a functional knowledge base concerning inter-
national instruments which protect human rights and as-
sociated institutions,
3) to help them to think critically about these issues, and
4) to encourage concern or empathy for those who experience
the violation of their rights.
These principles were also agreed upon : First, programmes
should be designed to take into account the developmental level of
students. For younger students it may be necessary to concentrate
on basic awareness and concrete experience. Materials for older
students may be able to consider problems in greater depth.
Second, since the curricula of most countries are already over-
crowded, the first step should be to introduce international human
rights as an element or dimension of current courses with a hope
that at a later time separate courses (either elective or required)
might be added. A, third principle was that the aim of education
in this area should be to move students away from a personal-
subjective concern to a more objective humanity-centred concern.
How far an individual should go in engaging in direct action was
to be left for personal decision, although an active approach to
problems was favoured.
Several more specific teaching strategies were also discussed.
The case study method was identified as especially useful for fami-
liarizing students with the institutions and machinery for appeals
regarding human rights violations, as well as the role of inter-
national, regional and non-governmental organizations. A number of

245
particular cases were listed. A range of materials, in addition to
legal documents, was suggested for case studies - biographies, cor-
respondence, and episodes from literature. Simulation games were
also listed as ways of involving students. It was emphasized,
however, that cases must be carefully selected and care taken not
to oversimplify them (especially when they deal with conflicting
values).
Use of materials from the news media was also suggested ; The
Unesco Courier and the Development Forum along with local news-
papers could be useful sources. Teachers' manuals should include
guidelines and criteria for choosing such supplementary materials.
The need to identify materials from current periodicals suggests
that librarians be included in educational training programmes
along with teachers.
Because the climate of' the classroom and the way in which dis-
cussion is carried on there have an impact on young people's ideas
about human rights, every teacher is a teacher of human rights.
Teacher-training courses as well as manuals to help teachers choose
materials for teaching about human rights are therefore of very high
priority. Training at the pre-service and in-service level should
help teachers to assess possibilities presented by their own situa-
tion as well as describing materials and teaching strategies (such
as the case study). Incentives and rewards for participating
teachers need to be considered, as there are many competing time
and training demands. The publication of manuals to suggest where
in existing texts and courses human rights topics might be consi-
dered and of articles in professional periodicals to list appro-
priate activities could make considerable progress relatively
quickly.
Finally, research is needed to identify the elements of success-
ful programmes of international human rights education as well as
existing levels of attitudes, knowledge, and understanding of human
rights so that programmes can be designed with greatest effective-
ness.
In this brief space, only the highlights of the working group
reports, which were very useful summaries, have been included. It
is the hope of the conference participants, however, that it may
give some guidance to the discussion by this important Unesco
congress.

Conclusions

The international symposium described here represents an im-

portant beginning. For the human rights education effort to bear
fruit, however, it will be necessary to follow it with publications
and with further meetings (perhaps on a bi-annual basis). Activi-
ties which involve co-operation between international or regional
groups of national commissions and which encourage the exchange of
ideas across disciplines in this area should be encouraged by Unesco.

246
VI. Annex

Statements made by Rapporteurs

 1. Report of Committee I :
Content of teaching and research
in the field of human rights

Rapporteur : Miss Badrya Al-Awadi

Introduction

1. Committee I met three times in the morning and afternoon of

14 September and the morning of 15 September 1978 to discuss the
content of teaching and research in the field of human rights. 80
participants took the floor in the discussion, which dealt with the
following four main themes : The concept of human rights teaching,
human rights curricular components, human rights training and human
rights research.

1. The Concept of human rights teaching

2. The essential question concerning the concept of human rights

teaching is whether such teaching should be developed as an inde-
pendent discipline or rather as a subject among others integrated
into appropriate established disciplines. No simple answer could
be given to this question considering the complexity of educational
systems. It was felt that such a dichotomy between two conflicting
approaches was, in fact, not necessary as each one could be justi-
fied under different circumstances.
3. Thus an approach which differentiated between levels of educa-
tion was suggested. Accordingly, education in a spirit of human
rights stressing the transmission of attitudes of tolerance and res-
pect for others was deemed particularly suitable for primary edu-
cation ; the integration of specific knowledge about human rights,
with due regard for their historical, social, economic and cultural
context, into relevant subject matters would be appropriate and
desirable for secondary education ; and the establishment or de-
velopment of the teaching of human rights as an autonomous subject
matter was suitable for the tertiary level, with an emphasis on the
interdisciplinary character of such teaching.
4. With such a differentiated approach, the teaching of human
rights should be encouraged and promoted as a matter of urgency at
all levels of education, conceived of in the broadest sense of the
term. Human rights education is not limited to teaching but em-
braces all aspects of lifelong education as understood by Unesco.
The purpose of education in this context was seen as that set out
in article 26 of the Universal Declaration of Human Rights and
article 13 of the International Covenant on Economic, Social and
Cultural Rights, namely "the full development of the human persona-
lity" and strengthening respect for human rights and fundamental

249
freedoms. This purpose should be met not only in formal education
but also in non-formal education and in specialized training schools
for relevant professions, as discussed in part III of this report.
5. A crucial aspect of the concept of human rights teaching and,
more broadly, human rights education is the impact of such teach-
ing and education on raising consciousness. Such teaching should
increase awareness of the necessity to act to put an end to viola-
tions perpetrated in all parts of the world. Particularly urgent
in this regard is the struggle against the most flagrant and massive
denials of human rights in certain regions. In addition to pro-
moting solidarity with the victims of such violations, human rights
teaching and education should be conceived in.- such a way as to per-
mit the ordinary individual to know his or her rights and to act
to obtain redress of violations thereof. An effort is therefore
required to disseminate widely information about human rights.
6. In addition, human rights teaching, in order to be part of
education aimed at raising consciousness, should be oriented toward
both action by citizens for the defense of their rights and policy-
making at the collective level.

II. Human rights curricular components

7. The experts who took part in the discussion stressed the con-
sensus that exists regarding the basic content of human rights for
use in human rights teaching. The starting point for a curriculum
on human rights is the International Bill of Human Rights, consist-
ing in the Universal Declaration of Human Rights, the two Inter-
national Covenants on Human Rights and the Optional Protocol to the
Covenant on Civil and Political Rights. It was also emphasized
that human rights curricula should take into account the extremely
important developments of the last decades in expanding the norms
and principles of human rights recognized within the United Nations
system, particularly as regards decolonization, the elimination of
racism and racial discrimination, the protection of the environment,
and the establishment of a new world economic, social and cultural
order.
8. The establishment of human rights curricula should be based on
a broad approach to the place of human rights in society, with due
regard for the historical context in which these rights have come
to be recognized and the social, economic, political and cultural .
factors which determine the degree to which they are respected in
concrete local situations.
9. In order to grasp these various dimensions of human rights as
a dynamic concept, the curricula should be based on the contribu-
tions of all relevant disciplines of the social sciences, the huma-
nities and the natural sciences. At the same time, the curricula
should be adapted to the needs of each discipline in which the
subject is taught.
10. The need was frequently brought out to cover in human rights
curricula both the national and international dimensions of the
subject. With regard to the latter, it was pointed out that the
internationalization of human rights is the most significant aspect
of the development of this field since the signing of the United
Nations Charter and that, consequently, a basic idea to be included
in curricula is that there now exist universally recognized stan-
dards which should be implemented by national measures.
11. Adequate treatment should, it was suggested, be given both to

250
individual and collective rights, each group of rights being to a
large extent meaningless without respect for the other.
12. Certain important areas have been neglected in human rights
teaching and should be included in future curricula. The one most
commonly referred to was that of the rights of women and, closely
related thereto,the protection of children. Discrimination against
women and the various factors which prevent their full participa-
tion in society as equals with men makes the inclusion of these
subjects in curricula all the more important.
13. The teaching of humanitarian law was also stressed as deserv-
ing more effective promotion, which could be accomplished by making
it an integral part of human rights curricula.
14. It was also pointed out that the specific problems concerning
the protection of refugees should be incorporated in human rights
curricula. Similarly, the problems of minorities should receive
proper treatment, particularly in countries with minority popula-
tions.
15. Considering the diversity of factors which contribute to de-
termining the most suitable curriculum for human rights courses, a
great deal of flexibility should be used. In the last analysis,
the teacher's experience is the best guide and, in this regard,
the Committee attached a great deal of importance to the protection
of academic freedom and of the teacher's rights.

III. Human rights training

16. The climate created in the teaching establishment was re-

garded as the result not only of the democratic nature of the in-
stitution and the relations between students and teachers but also
as a result of the training of the latter. It was pointed out in
this regard that very little has been done to provide prospective
teachers with the materials and training necessary to impart to
students an understanding of the subject of human rights consistent
with the place this subject should have in curricula.
17. Specialized education on human rights was considered an im-
portant feature that should be included in programmes of schools
of education and teachers' colleges. In order to help devise ap-
propriate programmes and materials for such teacher training, a
suggestion was made that Unesco organize international, regional
and sub-regional symposia of teachers.
18. In the last analysis, however, the example set by the teacher
was mentioned as being the basic factor in creating attitudes
among young people, who have an innate sense of justice and are
quick to mask hypocrisy. It was pointed out that the age of 8
to 14 years was the optimal period for the formation of attitudes
conducive to respect for human rights. Teachers should be made
aware of this and prepared to make the best advantage of it.
19. As regards training on human rights in various technical,
vocational and professional schools, the speakers referred to a
great number of fields of activity in which such training would be
useful, and even of the greatest importance. Obviously, members
of the legal professions were among the first to need appropriate
training on the content and procedures for the implementation of
human rights. Examples were given of workshops and a specialized
institute established for this purpose.
20. Among the other professions where specialized training and ap-
propriate teaching aids in the field of human rights were con-
sidered of particular importance were police and military academies.

251
Reference was made in this regard to the necessity to stress inter-
national instruments concerning such matters as the prohibition of
torture or any cruel, degrading or inhuman treatment for the former
and international humanitarian law for the latter.
21. Human rights training was also considered relevant for a wide
range of occupations, including diplomats, doctors, architects,
engineers and, in sum, all those who contribute to the betterment
of the human condition and the quality of life. Several difficul-
ties concerning human rights training for these occupations were
mentioned, the main one being that humanities courses are the first
to be eliminated when professional and vocational schools seek to
reduce costs. It is important, therefore, to increase the awareness
of the members of these occupations of the role they have in society
from the human rights perspective and, consequently, of the import-
ance of human rights training, adapted to their specific needs.
22. As regards the training of workers, it was pointed out that
greater participation of trade union leaders is necessary and that
much needs to be taught about international labour standards and
the means to secure their implementation.
23. Mention was also made of training within liberation movements
and the need to let these movements choose their own ideology, and
to teach human rights in the light of the specific needs of the
liberation struggle to which they are committed.

IV. Human rights research

24. Many comments and suggestions were made concerning human rights
research. While the realities, interests and experience of certain
categories of people and geo-cultural regions lead to the establish-
ment of priorities concerning the themes of such research, it was
also argued that each researcher should determine freely the themes
of his or her research and should be free to collect information and
disseminate the results thereof. It was mentioned in this regard
that no priority as regards categories of human rights (civil and
political ; economic, social and cultural) should be imposed.
25. For many people, particularly in developing countries, the
theme of human rights and development deserves particular attention,
among other reasons because it illustrates the indivisibility of
human rights and the international dimensions of human rights in
relation to the establishment of a new international economic order
and self-determination. For certain developed countries, it was
felt that themes such as human rights and maintenance of peace, dis-
armament, non-use of force, etc., were particularly relevant.
Another orientation for research which was suggested was empirical
research, using in particular psychological and sociological methods,
on whether there is a consensus on "core human rights", which would
involve a survey on attitudes of children and adults, on the ap-
proaches to issues which mobilize people for human rights, on the
ways to impart human rights information to disadvantaged groups and
on the most effective educational methods.
26. In addition to research themes, the Committee considered a
number of practical ideas concerning the coordination and promotion
of research on human rights. It was suggested, for example, that
Unesco should establish a network of research centres and provide
appropriate assistance to them. In the same spirit, it was proposed
that regional centres be created with Unesco support. The need to
establish at Unesco a clearing-house for human rights research was
frequently referred to. Among the functions of such a clearing-

252
house, it was suggested that it keep up-to-date lists of research
projects, contribute to the exchange of information on experiences
in different parts of the world through support to humanrights year-
books, preparation and dissemination to regional centres of biblio-
graphies and the launching of a news bulletin through which views
could be exchanged concerning recent developments and research
priorities in different parts of the world.
27. The essential purpose of all these efforts is, of course, to
•facilitate the sharing of the results of research, which is to be
encouraged and facilitated by all appropriate means.

Final remarks •

28. This summary of the rich discussion of Commission I is neces-

sarily incomplete and I can only hope that I have not distorted
anyone's contribution to our work and I apologize for any omissions
which the members of the Committee might regret.
29. I should also like to express the thanks of the President of
our Committee, Mr. Dunshee De Abranches, who had to leave yesterday.
30. While the work of this Committee was, in my opinion, extremely
useful as a starting point, I think I express the views of all in
concluding that the major effort lies ahead. It is up to each one
of us to see that the many useful ideas presented here are followed
up by action so that human rights teaching and education may con-
tribute to the effective enjoyment of human rights by all.

253
 2. Report of Committee II :
Methods and structures of education
and research in human rights

Rapporteur : Mr. Adam Lopatka

1. Committee II held three working sessions on Thursday 14 Sep-

tember and Friday 15 September 1978. At these sessions, some 80
experts and teachers from the Member States of Unesco, representing
inter-governmental organizations, or attending as observers of non-
governmental organizations, examined ways and means of developing
or improving the material, methods and structures of teaching and
research concerning human rights, together with the means of in-
creasing international co-operation in these fields.
2. A great number of suggestions and proposals were put forward,
particular emphasis being placed on the principal guidelines upon
which, in the opinion of those present, agreement should be reached
in the future in order to ensure significant progress in this field.
3. While certain speakers emphasized the need to adopt methods,
materials and structures adapted to local, regional, national or
international needs, others stressed the value of a basic training
for all at all levels, with particular concern for under-privileged
groups such as native populations, ethnic or religious minorities,
migrant workers and their families, the physically or mentally han-
dicapped and the illiterate. In the opinion of many, there was a
need for a survey of those concerned, both teachers and students,
with a view to the endogenous elaboration of teaching material and
methods.
4. While the diversification of material and methods should not
be carried too far, it was felt that efforts should be made to con-
sult with and integrate into the different groups involved, in order
to make teaching activity concerning human rights more effective.
5. As a result of experiments already carried out at national
level in certain socio-professional contexts (among lawyers, police,
prison guards, etc.) and reported on during the sessions of the
Committee, a large number of speakers proposed that such action
should be extended to other categories, such as the medical and
para-medical professions, the magistrature and professional, socio-
professional, trade union, cultural or youth associations, through
the creation inter alia of suitable programmes and structures.
6. Great interest was shown in the development of teaching and
information on women's rights and the rights of children, at the
level both of techniques and of structures.
7. The need to prepare an international instrument on the status
of human rights' teachers, covering both their duties and their
rights, was widely expressed, as was the need to create an inter-
national association of teachers in the field of human rights.
I

255
8. it was also strongly felt that regional and sub-regional
centres for research and teaching in the field of human rights
should be established. These could serve as places for meeting,
exchanging data and experience and coordinating initiatives and
activities undertaken in this field.
9. There was considerable support for the idea of pilot and ex-
perimental projects and programmes designed, from the outset, to
provide for the comparative evaluation of results.
10. It was considered that all the preceding propositions pointed
to the need for the creation of a Unesco co-ordination centre for
the collection and diffusion of data thus received.
11. The great majority of these suggestions in their original form
or synthesized under subject headings, appear in the annex to the
final document of the Congress.
The number and quality of the contributions clearly demons-
trate the interest shown by the participants in the subjects chosen
for consideration by this Committee. I should like to thank them
here for this interest and for the instinting and very valuable co-
operation they have given me. I also wish to add my thanks to the
interpreters and translators who have put in so many hours and so
much careful work, as well as the members of the Secretariat of
Unesco from the Division of Human Rights and Peace and the Bureau
of Conferences who have shown exemplary devotion to our cause.
My final thanks, but not the least warm, go to Dr. Karel •
Vasak, Director of the Division of Human Rights and Peace without
whom nothing, surely, could have taken place, certainly not so
successfully, and to the Minister of Foreign Affairs of the Federal
Republic of Austria, Mr. Pahr, and to all his compatriots who have
welcomed us with such kindness, and, may I add, affection and
fraternity.

256
 3. Report given by the General Rapporteur, Mr. Louis Pettiti

Our meeting here was due to the invitation of the Director-General

of Unesco, to the initiative taken by the Federal Minister of
Foreign Affairs of the Republic of Austria, and to the dynamism
of the Director of Unesco's Division of Human Rights and Peace,
and as it draws to a close, we can feel satisfied with what has
been accomplished.
The Chairmen and the rapporteurs are grateful for the ef-
fective assistance given to them by the participants, the obser-
vers from the non-governmental organizations, the impeccable
translators, the team assembled by Unesco and the Ministry, and
the press.
Your General Rapporteur is anxious to stress the consensus
which has been shown throughout the Congress on this project. It
is remarkable that the currents of thought of experts from coun-
tries whose concepts are sometimes contradictory, have shown such
a convergence of views, without hindrance or obstacle to the dyna-
mic approach proposed. The many statements, brimming with ideas,
that have been made have always shown a concern to strengthen and
develop the project, never to weaken it.
The project has lived up to our expectations.
For the first time, a programme has been -proposed, on a world-
wide scale, for education and teaching in human rights at all
levels, integrating the subject into all disciplines, and placing
it in the context of the family, the school, the post-school world
and the world of employment.
For the first time, the teaching of human rights has been con-
ceived as universal, generalized teaching, an integral part of
education.
We propose interdependence, interaction between teachers,
students and the various professional categories, the transition
from the school environment to life-long education, the penetra-
tion of this teaching into the training and professional practice
of judges, lawyers, doctors and those entrusted with the responsi-
bilities of public administration.
The latter, in turn, must show that these rights are inte-
grated into daily life in the machinery providing safeguards and
means of redress and control, which are the only way of making
this teaching credible.
We know how great is the task that lies before us. It con-
sists, not so much of research by specialists and experts design-

257
 ing an independent and sophisticated programme for higher education,
but of the education of mankind in social life, that complex of
rights and duties governing relations between State and individual
and the relations of individuals among themselves, all of which
comes within the scope of the protection of human rights.

258
Conclusion

Let us not be lulled by the belief that our countries respect

human rights.
Freedom and tyranny are separated by the frailest of barriers,
and the transition from one to the other is imperceptible. History
has shown this in every era.
Let us not believe that we are serving the cause of human
rights by proposing our particular model, our particular system.
Let us open our methods and programmes to the most diverse
approaches, to the breath of tolerance and solidarity.
A practical human rights teaching programme with suitable
methods is capable of modifying the structures and mechanisms of
those States where the protection of fundamental liberties is
little understood or respected, for this education in human rights
is a gift to the people.
The young people we shall teach, long for new cultural forms,
creativity, new models and symbols.
We offer them a project worthy of their enthusiasm and of
their search for commitment, a project allowing them to make their
own contribution to the construction of society.
In mankind's long march towards its destiny, what better con-
tribution could we make than to ensure that human rights are ef-
fectively included in man's future conquests and aspirations.

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