BUSINESS AND

HUMAN RIGHTS
Introduction
Jhering in his work “Spirit of Roman Law” observed: “Right is a
legally protected interests”
Humans have different interests and all such interests are not
legally protected. [Because of conflicts of interests]
Hence some interests are legally protected and those interests are
regarded as legal rights.
Such legal rights have legal protection.
According to Maritain – Right is that “one possesses and can lay a
claim to”. For example, personal right, property right, etc
 Human Rights:
 Susan Moler Okin: “Human Rights are something whether a freedom, a good or
a benefit of crucial importance for human life”.
 Justice V R Krishna Iyer, in his extra judicial writing book ‘The Dilectics
and Dynamics of Human Rights in India’ stated that, “Human Rights are those
irreducible minima which belong to every member of the human race when pitted
against the state or other public authorities or group and gangs and other
oppressive communities.”
 Protection of Human Rights Act,1993 – Section 2(1)(d) - “human rights”
means the rights relating to life, liberty, equality and dignity of the individual
guaranteed by the Constitution or embodied in the International Covenants
and enforceable by courts in India.
 The Concept of Human Rights was earlier known as “Natural Rights”.
 Human Beings are entitled to certain basic and natural rights that define
a meaningful existence.
 The major propounder who located human rights within the notion of
natural right is John Locke.
 Locke viewed that certain rights are natural to individuals as human beings
having existed even in the state of nature before the development of societies
and emergence of the state.
 Natural rights are rights belonging to a person by nature and because he was a
human being, not by virtue of his citizenship in a particular country or
membership in a particular religion or ethnic group.
 Under this natural law theory the state is merely a guarantor of the natural
rights. State was not the fundamental source of these rights and it cannot taken
it away. The inalienable nature of it made it impossible to waive those rights.
 According to Locke, all individuals were endowed by nature with the inherent
right to life, liberty and property which were their own and could not be
removed or abrogated by the state.
 Hence, the natural right theory has the merit of providing the basis for a
system of law which is allegedly superior to the law of state.
 Because of this view, the American revolution, 1776 and French Revolution
of 1789 abolished the government that curtailed the natural rights of people.
 Still are you thinking that natural rights/Human rights are subjected to state
sovereignty?
 Nazi regime example: nazi regime established a state of absolute
sovereignty. They enacted law to perpetrate their wrongful acts.
 In 1930’s German Nazis instituted policy placing Jews and other
undesirables [Gypsies and Homosexuals] into concentration camps.
 In 1942 the government turned concentration camps into death camps and
millions perished.
 At that time neither german law nor international law provides rights to
protect from their own government.
 Another example: in 1944 a German Soldier return home for a short visit. In
his conversation with his wife he criticized Hitler and Nazi Party.
 During his long absence, another men entered in her life. Inorder to get rid of
her husband, she reported his remarks to a local leader of Nazi Party.
 Husband tried my military tribunal and sentenced to death. However was not
executed.
 After collapse of Nazi regime, a case was initiated against wife for illegal
deprivation of his freedom.
 Wife’s defence was that she was required to furnish such information to the
authorities under Nazi law and she didn’t commit any crime.
 The Court of Appeal held that the statute under which the wife was claiming
protection was contrary to the sound conscience and sense of justice of all decent
human beings. Hence could not give protection under such statute.
 Similar stand was taken in famous Nuremberg Trials also upon which German
leaders were help accountable for war crimes and crimes against humanity.
 This reasoning hailed as the trimph of the natural right theory and signaling over the
positivism.
 The term Human Rights was first wed in the UN Charter, 1945
 Equal dignity for all persons is the central tenet of human rights.
 Hence Human rights are Universal, Inalienable, inherent to all persons irrespective
of Nationality, sex, religion, colour, caste, etc.
 Indian Philosophy: “Loka Samastha sukino Bavanthu”
 UN Charter:
 The Charter of the United Nations is the founding document of the
United Nations.
 The representives of 50 countries met and signed on 26 June 1945, in
San Francisco, at the conclusion of the United Nations Conference on
International Organization, and UN came into force on 24 October
1945.
 UN includes General Assembly, Security council, ECOSOC,
Trusteeship Council, Secretariat and ICJ.
 Thus after the second world war, the United Nation was established and
it brought human rights firmly into the sphere of international law in
its own constituent document – the UN Charter, 1945 [19 Chapters, 111
Articles]
 Preamble:
 WE THE PEOPLES OF THE UNITED NATIONS DETERMINED,
 to save succeeding generations from the scourge of war, which twice in our lifetime has
brought untold sorrow to mankind, and
 to reaffirm faith in fundamental human rights, in the dignity and worth of the
human person, in the equal rights of men and women and of nations large and small,
and
 to establish conditions under which justice and respect for the obligations arising from
treaties and other sources of international law can be maintained, and
 to promote social progress and better standards of life in larger freedom.
 Article 1(3): Purpose of UN
 The purposes of UN include the promotion and encouragement of human rights and
fundamental freedom.
 Article 55: With a view to the creation of conditions of stability and well-being
which are necessary for peaceful and friendly relations among nations based on
respect for the principle of equal rights and self-determination of peoples, the United
Nations shall promote:
 higher standards of living, full employment, and conditions of economic and
social progress and development;
 solutions of international economic, social, health, and related problems; and
international cultural and educational cooperation; and universal respect for, and
observance of, human rights and fundamental freedoms for all without
distinction as to race, sex, language, or religion.
 Article 56: All Members pledge themselves to take joint and separate action in
co-operation with the Organization for the achievement of the purposes set forth
in Article 55.
 Thus after the advent of the UN, Human Rights law became integral
and distinct part of international law.
 Patrick Macklem states that the international human rights law refers
to the overarching mission to protect universal features of the human
being from the exercise of sovereign power.
 Since 1945, the UN has been instrumental in the process of standard setting
that is by creating international treaties and other documents that set out
universally recognized human rights, like UDHR, ICCPR, ICESCR, etc.
 Most famous among it is the Universal Declaration of Human Rights
[UDHR], 1948.

 UDHR, 1948
 The universal rights of Human Family was first articulated in 1948 in the
Universal Declaration of Human Rights.
 The 30 articles of Declaration together forms a comprehensive statement
covering economic, social, cultural, political and Civil rights.
 The document is
 universal [It applies to all people every where]
 Indivisible [all rights are equally important to the full realization of one’s
humanity]
 Un-conditioned by race, sex, religion, social position, nationality, etc.
 A Declaration is however not a treaty and lacks any enforcement provisions.
Rather it is a statement of intent, a set of principles to which the UN’s
member states commit themselves in an effort to provide all people a life of
human dignity.
 The UDHR was derived from a comparison between the liberal
constitutions of western world.
 The UDHR contained, the 1st generation political and Civil Rights found in
the British, French and American revolutionary declarations of the 17th and
18th centuries like protection of life, liberty and property and freedom of
speech, religion and assembly.
 It also include 2nd Generation Economic and Social rights found in the late
19th and early 20th century constitutions such Sweden, Norway, Soviet
Union and several Latin American Countries like Right to work, education
and basic subsistence.
 The adoption of UDHR paved the way for creation of an un-precedented
number of standard to protect human dignity like ICCPR, ICESCR, etc.
which provide the foundation of the international legal frame work that
protect human rights.
 ICCPR, ICESCR with UDHR were collectively known as International
Bill of Human Rights.
 UDHR is the mine from which other conventions, declarations as well as
national constitutions protecting these rights have been and being quarried.
 Drafting History:
 Stage 1 – Representative of Panama submitted a draft declaration of fundamental
human rights and freedom to General Assembly of UN at its first session in 1946
 Stage 2 – The General Assembly referred it to its committee of Political Security and
Social, Humanitarian and Culture’ for their recommendation.
 Stage 3 – On their recommendation the General Assembly referred the matter for the
preparation of Draft to the “Commission of Human Rights” through Economic and
Social Council.
 Stage 4 – They set up a draft committee with the aid and assistance of ECOSOC. The
Committee prepared 2 set of documents:
 1. The draft Articles in the form of declaration
 2. Draft Articles in the form of Convention defining Specific rights.
 These were transmitted to commission of Human Rights by the drafting committee.
 Stage 5 – Human Rights Commission thereupon set up 3 working groups:
 First, on the declaration;
 Second, on the Covenant; and
 Third on the implementation.
 With the help of these working group the Human Rights Commission prepared a
draft declaration, draft covenant and proposals for implementation.
 Stage 6 – The ‘Draft Declaration’ was re-drafted by the commission on Human
Rights at its 3rd session in 1948, but untouched the covenant and implementation and
transmitted all the 3 drafts to ECOSOC for transmission to General Assembly.
 Final Stage: On 10th December, 1948, the General Assembly of the UN adopted the
UDHR (Resolution 217 (iii)). The voting was 48 for none against with 8 absents.
 Prof. Sohn, after examining the history of the UDHR, has observed – “There seems
to be an agreement that the Declaration is a statement of General principles,
spelling out in considerable detail the meaning of the phrase ’human rights and
fundamental freedoms’ in the charter of the UN”.
 UDHR was hailed as an historic event of profound significance and as one of the
greatest achievement of the UN
 UDHR Provisions:
 It consists of a preamble and 30 articles. First two articles are general in nature
for both ICCPR and ICESCR providing philosophical assumptiosn upon which
the declaration is found.
 Preamble: Whereas recognition of the inherent dignity and of the equal and
inalienable rights of all members of the human family is the foundation of freedom,
justice and peace in the world,
 Whereas disregard and contempt for human rights have resulted in barbarous acts
which have outraged the conscience of mankind, and the advent of a world in which
human beings shall enjoy freedom of speech and belief and freedom from fear and
want has been proclaimed as the highest aspiration of the common people,
 Whereas it is essential, if man is not to be compelled to have recourse, as a last
resort, to rebellion against tyranny and oppression, that human rights should be
protected by the rule of law,
 Whereas it is essential to promote the development of friendly relations
between nations,
 Whereas the peoples of the United Nations have in the Charter reaffirmed
their faith in fundamental human rights, in the dignity and worth of the
human person and in the equal rights of men and women and have
determined to promote social progress and better standards of life in larger
freedom,
 Whereas Member States have pledged themselves to achieve, in co-
operation with the United Nations, the promotion of universal respect for
and observance of human rights and fundamental freedoms,
 Whereas a common understanding of these rights and freedoms is of the
greatest importance for the full realization of this pledge,
 Now, therefore,
 The General Assembly,
 Proclaims this Universal Declaration of Human Rights as a common
standard of achievement for all peoples and all nations, to the end that
every individual and every organ of society, keeping this Declaration
constantly in mind, shall strive by teaching and education to promote
respect for these rights and freedoms and by progressive measures,
national and international, to secure their universal and effective recognition
and observance, both among the peoples of Member States themselves and
among the peoples of territories under their jurisdiction. 
 Article 1
 All human beings are born free and equal in dignity and rights. They are
endowed with reason and conscience and should act towards one another in
a spirit of brotherhood.
 Article 2
 Everyone is entitled to all the rights and freedoms set forth in this
Declaration, without distinction of any kind, such as race, colour, sex,
language, religion, political or other opinion, national or social origin,
property, birth or other status. Furthermore, no distinction shall be made on
the basis of the political, jurisdictional or international status of the country
or territory to which a person belongs, whether it be independent, trust, non-
self-governing or under any other limitation of sovereignty.
 Article 3
 Everyone has the right to life, liberty and security of person.
 Article 4
 No one shall be held in slavery or servitude; slavery and the slave trade
shall be prohibited in all their forms.
 Article 5
 No one shall be subjected to torture or to cruel, inhuman or degrading
treatment or punishment.
 Article 6
 Everyone has the right to recognition everywhere as a person before the
law.
 Article 7
 All are equal before the law and are entitled without any discrimination to
equal protection of the law. All are entitled to equal protection against any
discrimination in violation of this Declaration and against any incitement to
such discrimination.
 Article 8
 Everyone has the right to an effective remedy by the competent national
tribunals for acts violating the fundamental rights granted him by the
constitution or by law.
 Article 9
 No one shall be subjected to arbitrary arrest, detention or exile.
 Article 10
 Everyone is entitled in full equality to a fair and public hearing by an independent
and impartial tribunal, in the determination of his rights and obligations and of
any criminal charge against him.
 Article 11
 Everyone charged with a penal offence has the right to be presumed innocent
until proved guilty according to law in a public trial at which he has had all the
guarantees necessary for his defence.
 No one shall be held guilty of any penal offence on account of any act or
omission which did not constitute a penal offence, under national or international
law, at the time when it was committed. Nor shall a heavier penalty be imposed
than the one that was applicable at the time the penal offence was committed.
 Article 12
 No one shall be subjected to arbitrary interference with his
privacy, family, home or correspondence, nor to attacks upon his
honour and reputation. Everyone has the right to the protection of
the law against such interference or attacks.
 Article 13
 Everyone has the right to freedom of movement and residence
within the borders of each state.
 Everyone has the right to leave any country, including his own,
and to return to his country.
 Article 14
 Everyone has the right to seek and to enjoy in other countries
asylum from persecution.
 This right may not be invoked in the case of prosecutions
genuinely arising from non-political crimes or from acts contrary
to the purposes and principles of the United Nations.
 Article 15
 Everyone has the right to a nationality.
 No one shall be arbitrarily deprived of his nationality nor denied
the right to change his nationality.
 Article 16
 Men and women of full age, without any limitation due to race, nationality
or religion, have the right to marry and to found a family. They are entitled
to equal rights as to marriage, during marriage and at its dissolution.
 Marriage shall be entered into only with the free and full consent of the
intending spouses.
 The family is the natural and fundamental group unit of society and is
entitled to protection by society and the State.
 Article 17
 Everyone has the right to own property alone as well as in association with
others.
 No one shall be arbitrarily deprived of his property.
 Article 18
 Everyone has the right to freedom of thought, conscience and religion; this right
includes freedom to change his religion or belief, and freedom, either alone or in
community with others and in public or private, to manifest his religion or belief in
teaching, practice, worship and observance.
 Article 19
 Everyone has the right to freedom of opinion and expression; this right includes freedom
to hold opinions without interference and to seek, receive and impart information and
ideas through any media and regardless of frontiers.
 Article 20
 Everyone has the right to freedom of peaceful assembly and association.
 No one may be compelled to belong to an association.
 Article 21
 Everyone has the right to take part in the government of his country, directly or through
freely chosen representatives.
 Everyone has the right of equal access to public service in his country.
 The will of the people shall be the basis of the authority of government; this will shall be
expressed in periodic and genuine elections which shall be by universal and equal
suffrage and shall be held by secret vote or by equivalent free voting procedures.
 Article 22
 Everyone, as a member of society, has the right to social security and is entitled to
realization, through national effort and international co-operation and in accordance with
the organization and resources of each State, of the economic, social and cultural rights
indispensable for his dignity and the free development of his personality.
 Article 23
 Everyone has the right to work, to free choice of employment, to just and favourable
conditions of work and to protection against unemployment.
 Everyone, without any discrimination, has the right to equal pay for equal work.
 Everyone who works has the right to just and favourable remuneration ensuring for
himself and his family an existence worthy of human dignity, and supplemented, if
necessary, by other means of social protection.
 Everyone has the right to form and to join trade unions for the protection of his interests.
 Article 24
 Everyone has the right to rest and leisure, including reasonable limitation of working
hours and periodic holidays with pay.
 Article 25
 Everyone has the right to a standard of living adequate for the health and
well-being of himself and of his family, including food, clothing, housing
and medical care and necessary social services, and the right to security in
the event of unemployment, sickness, disability, widowhood, old age or
other lack of livelihood in circumstances beyond his control.
 Motherhood and childhood are entitled to special care and assistance. All
children, whether born in or out of wedlock, shall enjoy the same social
protection.
 Article 26
 Everyone has the right to education. Education shall be free, at least in the
elementary and fundamental stages. Elementary education shall be
compulsory. Technical and professional education shall be made generally
available and higher education shall be equally accessible to all on the basis of
merit.
 Education shall be directed to the full development of the human personality
and to the strengthening of respect for human rights and fundamental
freedoms. It shall promote understanding, tolerance and friendship among all
nations, racial or religious groups, and shall further the activities of the United
Nations for the maintenance of peace.
 Parents have a prior right to choose the kind of education that shall be given to
their children.
 Article 27
 Everyone has the right freely to participate in the cultural life of the
community, to enjoy the arts and to share in scientific advancement and its
benefits.
 Everyone has the right to the protection of the moral and material interests
resulting from any scientific, literary or artistic production of which he is
the author.
 Article 28
 Everyone is entitled to a social and international order in which the rights
and freedoms set forth in this Declaration can be fully realized.
 Article 29
 Everyone has duties to the community in which alone the free and full development of
his personality is possible.
 In the exercise of his rights and freedoms, everyone shall be subject only to such
limitations as are determined by law solely for the purpose of securing due recognition
and respect for the rights and freedoms of others and of meeting the just requirements of
morality, public order and the general welfare in a democratic society.
 These rights and freedoms may in no case be exercised contrary to the purposes and
principles of the United Nations.
 Article 30
 Nothing in this Declaration may be interpreted as implying for any State, group or
person any right to engage in any activity or to perform any act aimed at the destruction
of any of the rights and freedoms set forth herein.
 The rights mentioned in the Declaration are not absolute.
 Para 2 of Article 29 provides that the rights shall be provided to an individual
subject to just requirements of morality, public order and the general welfare of in
democratic society.
 The UDHR have inspired a number of international conventions both within and
outside the UN.
 UDHR has been used as a conduct and a yardstick to measure the degree of
respect for and compliance with the international standard of human rights.
 This declaration has been refered to in official documents such as preamble of
ICCPR, ICESCR, Convention on Elimination of All forms of Racial
Discrimination, 1963 and also preamble of European Convention for the
protection of Human Rights, 1950, The American Convention on Human rights,
Charter of African Unity, etc.
 In an ongoing effort based on principles contained in the declaration, the UN
adopted some 50 other legal instruments on human rights. This includes
declarations and Conventions on Genocide, slavery, torture, recial discrimination,
apartheid, protection of refugees, children and discrimination against women, etc.
 UDHR has became a part of customary or general international law.
 The ICJ in Barcelona Traction, Light and Power Co case [1970 ICJ Rep 3]
referred to obligations of contemporary international law, which include
principles and rulers concerning basic rights of the human persons,
including protection from slavery and racial discriminations.
 The provisions of UDHR influenced various national constitutions enacted after the
adoption of UDHR.
 The influence of UDHR can be seemed in various Supreme Court decisions. For
example, In Visaka v. State of Rajasthan, (1997) 6 SCC 241), Supreme Court of India
observed that, “Any international convention not inconsistent with fundamental rights
and in harmony with its spirit must be read into the provisions to enlarge the meaning
and content thereof, to promote the object of the constitutional guarantee. It is now an
accepted rule of judicial construction that regard must be had to international
documents and norms for construing domestic law when there is no inconsistency
between them and there is a void in the domestic law.
 "Vishaka Guidelines" were stipulated by the Supreme Court of India, regarding
sexual harassment at workplace. The court stated that these guidelines were to be
implemented until legislation is passed to deal with the issue. Later resulted in the
enactment of Sexual Harassment of Women at Workplace (Prevention, Prohibition
and Redressal) Act, 2013
 Further in Chairman, Railway Board v. Chandrima Das (2000) 2 SCC 465), SC had
observed that, it will apply international human rights norms while interpreting our
constitution as all the basic and fundamental rights set out in the UDHR, 1948 to its
citizens and other persons i.e aliens.
 The Supreme Court of India referred the Human Rights Jurisprudence based on the
Universal Declaration of Human Rights, 1948, which has the international recognition
as the "Moral Code of Conduct" having been adopted by the General Assembly of the
United Nations.
 The Court further observed that, “our Constitution guarantees all the basic and
fundamental human rights set out in the Universal Declaration of Human Rights, 1948,
to its citizens and other persons. Article 20 guarantees right to protection in respect of
conviction for offences. Article 21 guarantees right to life and personal liberty while
Article 22 guarantees right to protection against arbitrary arrest and detention. These are
wholly in consonance with Article 3, Article 7 and Article 9 of the Universal Declaration
of Human Rights, 1948.
 Vienna Declaration and Programme of Action, 1993:
 The UN Second Conference on Human Rights met in Vienna, Austria on 14-25
June, 1993.
 The main product of this conference a lengthy consensus statement, entitled
“Vienna Declaration and Programme of Action” [VDPA] adopted by by
representatives of 171 states.
 Building on the UDHR, the VDPA recognized that the promotion and
protection of human rights must be a matter of the highest priority for both
states and international community and it also recognized the critical role of
Human Rights defenders in realization of Human Rights.
 The Vienna Declaration made concrete recommendations for strengthening
and harmonizing the monitoring capacity of the UN system.
 In this regard, it called for the establishment of a High Commissioner for Human Rights by
the General Assembly, Which subsequently created the post on 20th December, 1993 [Res.
48/141], who co-ordinates human rights activities throughout the United Nations System
and acts as the secretariat of the Human Rights Council in Geneva, Switzerland.
 In addition to recommending the establishment of UN High Commissioner of Human
Rights, the declaration calls for the elimination of racism, the protection of the rights of
minorities, indigenous peoples and migrant workers, equal status and human rights of
women, children, disabled persons and prohibition of torture, etc.
 In the 20th anniversary of Vienna Declaration on Human Rights, then UN High
Commissioner Ms.Navi Pillay while addressing the Vienna+20 Conference has observed:
 The Vienna Declaration and Programme of action, 1993 crystallised the principle that
human rights are universal, indivisible, interdependent and inter-related, and firmly
entrenched the notion of universality by committing states to the promotion and protection
of all human rights for all people regardless of their political, economic and cultural
system.
 Though not legally binding itself the Vienna declaration re-iterated basic civil,
political and economic freedoms enshrined in prior instruments of human rights
framework and stressed the need for making greater efforts to respect, protect and
promote human rights.
 The document begins by reaffirming "the solemn commitment of all States to fulfil
their obligations to promote universal respect for, and observance and protection
of, all human rights and fundamental freedoms for all in accordance with the
Charter of the United Nations, UDHR and other instruments relating to human
rights, and international law“.
 So, the Vienna Declaration and Programme of Action marked the climactic of the
long process of review and debate over the status of human rights machinery in the
world.
 It also marked the beginning of a renewed effort to strengthen and further
implement the body of human rights instruments constructed on the foundation of
the Universal Declaration of Human Rights since 1948.
 Provisions of Vienna Declaration and Programme of action:
 The World Conference on Human Rights ,
 Considering that the promotion and protection of human rights is a matter of
priority for the international community, and that the Conference affords a unique
opportunity to carry out a comprehensive analysis of the international human
rights system and of the machinery for the protection of human rights, in order to
enhance and thus promote a fuller observance of those rights, in a just and
balanced manner
 Recognizing and affirming that all human rights derive from the dignity and worth
inherent in the human person, and that the human person is the central subject of
human rights and fundamental freedoms, and consequently should be the principal
beneficiary and should participate actively in the realization of these rights and
freedoms,
 Reaffirming their commitment to the purposes and principles contained in the
Charter of the United Nations and the Universal Declaration of Human Rights,
 Reaffirming the commitment contained in Article 56 of the Charter of the United
Nations to take joint and separate action, placing proper emphasis on developing
effective international cooperation for the realization of the purposes set out in
Article 55, including universal respect for, and observance of, human rights and
fundamental freedoms for all,
 Emphasizing the responsibilities of all States, in conformity with the Charter of the
United Nations, to develop and encourage respect for human rights and
fundamental freedoms for all, without distinction as to race, sex, language or
religion,
 Recalling the Preamble to the Charter of the United Nations, in particular the
determination to reaffirm faith in fundamental human rights, in the dignity and
worth of the human person, and in the equal rights of men and women and of
nations large and small,
 Recalling also the determination expressed in the Preamble of the Charter of the
United Nations to save succeeding generations from the scourge of war, to establish
conditions under which justice and respect for obligations arising from treaties and
other sources of international law can be maintained, to promote social progress
and better standards of life in larger freedom, to practice tolerance and good
neighbourliness, and to employ international machinery for the promotion of the
economic and social advancement of all peoples,
 Emphasizing that the Universal Declaration of Human Rights, which constitutes a
common standard of achievement for all peoples and all nations, is the source of
inspiration and has been the basis for the United Nations in making advances in
standard setting as contained in the existing international human rights
instruments, in particular the International Covenant on Civil and Political Rights
and the International Covenant on Economic, Social and Cultural Rights,
 Considering the major changes taking place on the international scene and the
aspirations of all the peoples for an international order based on the principles
enshrined in the Charter of the United Nations, including promoting and
encouraging respect for human rights and fundamental freedoms for all and
respect for the principle of equal rights and self-determination of peoples, peace,
democracy, justice, equality, rule of law, pluralism, development, better standards
of living and solidarity,
 Deeply concerned by various forms of discrimination and violence, to which women
continue to be exposed all over the world,
 Recognizing that the activities of the United Nations in the field of human rights
should be rationalized and enhanced in order to strengthen the United Nations
machinery in this field and to further the objectives of universal respect for
observance of international human rights standards,
 Recognizing also that the international community should devise ways and means
to remove the current obstacles and meet challenges to the full realization of all
human rights and to prevent the continuation of human rights violations resulting
therefrom throughout the world,
 Invoking the spirit of our age and the realities of our time which call upon the
peoples of the world and all States Members of the United Nations to rededicate
themselves to the global task of promoting and protecting all human rights and
fundamental freedoms so as to secure full and universal enjoyment of these rights,
 Determined to take new steps forward in the commitment of the international
community with a view to achieving substantial progress in human rights
endeavours by an increased and sustained effort of international cooperation and
solidarity,
 Solemnly adopts the Vienna Declaration and Programme of Action.
 Part I – Provides declarations; Part II – Programme of Action
 Part - I
 Para 1. The World Conference on Human Rights reaffirms the solemn commitment
of all States to fulfil their obligations to promote universal respect for, and
observance and protection of, all human rights and fundamental freedoms for all in
accordance with the Charter of the United Nations, other instruments relating to
human rights, and international law. The universal nature of these rights and
freedoms is beyond question.
 In this framework, enhancement of international cooperation in the field of human
rights is essential for the full achievement of the purposes of the United Nations.
 Human rights and fundamental freedoms are the birthright of all human beings;
their protection and promotion is the first responsibility of Governments.
 Para 4. The promotion and protection of all human rights and fundamental
freedoms must be considered as a priority objective of the United Nations in
accordance with its purposes and principles, in particular the purpose of
international cooperation. In the framework of these purposes and principles, the
promotion and protection of all human rights is a legitimate concern of the
international community. The organs and specialized agencies related to human
rights should therefore further enhance the coordination of their activities based on
the consistent and objective application of international human rights instruments.
 5. All human rights are universal, indivisible and interdependent and interrelated.
The international community must treat human rights globally in a fair and equal
manner, on the same footing, and with the same emphasis. While the significance of
national and regional particularities and various historical, cultural and religious
backgrounds must be borne in mind, it is the duty of States, regardless of their
political, economic and cultural systems, to promote and protect all human rights
and fundamental freedoms.
 Para 6. The efforts of the United Nations system towards the universal respect for,
and observance of, human rights and fundamental freedoms for all, contribute to
the stability and well-being necessary for peaceful and friendly relations among
nations, and to improved conditions for peace and security as well as social and
economic development, in conformity with the Charter of the United Nations.
 Para 7. The processes of promoting and protecting human rights should be
conducted in conformity with the purposes and principles of the Charter of the
United Nations, and international law.
 Para 8. Democracy, development and respect for human rights and fundamental
freedoms are interdependent and mutually reinforcing. Democracy is based on the
freely expressed will of the people to determine their own political, economic, social
and cultural systems and their full participation in all aspects of their lives. In the
context of the above, the promotion and protection of human rights and
fundamental freedoms at the national and international levels should be universal
and conducted without conditions attached. The international community should
support the strengthening and promoting of democracy, development and respect
for human rights and fundamental freedoms in the entire world.
 Para 9. The World Conference on Human Rights reaffirms that least developed
countries committed to the process of democratization and economic reforms,
many of which are in Africa, should be supported by the international community
in order to succeed in their transition to democracy and economic development.
 [Inter-connection of Democracy and Human Rights]
 Para 10. The World Conference on Human Rights reaffirms the right to
development, as established in the Declaration on the Right to Development, as a
universal and inalienable right and an integral part of fundamental human rights.
 Para 13. There is a need for States and international organizations, in cooperation
with non-governmental organizations, to create favourable conditions at the
national, regional and international levels to ensure the full and effective enjoyment
of human rights. States should eliminate all violations of human rights and their
causes, as well as obstacles to the enjoyment of these rights.
 Para 14. The existence of widespread extreme poverty inhibits the full and effective
enjoyment of human rights; its immediate alleviation and eventual elimination
must remain a high priority for the international community.
 Para 15. Respect for human rights and for fundamental freedoms without
distinction of any kind is a fundamental rule of international human rights law.
The speedy and comprehensive elimination of all forms of racism and racial
discrimination, xenophobia and related intolerance is a priority task for the
international community. Governments should take effective measures to prevent
and combat them. Groups, institutions, intergovernmental and non-governmental
organizations and individuals are urged to intensify their efforts in cooperating and
coordinating their activities against these evils.
 Para 16. The World Conference on Human Rights welcomes the progress made in
dismantling apartheid and calls upon the international community and the United
Nations system to assist in this process.
 The World Conference on Human Rights also deplores the continuing acts of
violence aimed at undermining the quest for a peaceful dismantling of apartheid.
 18. The human rights of women and of the girl-child are an inalienable, integral
and indivisible part of universal human rights. The full and equal participation of
women in political, civil, economic, social and cultural life, at the national, regional
and international levels, and the eradication of all forms of discrimination on
grounds of sex are priority objectives of the international community.
 The human rights of women should form an integral part of the United Nations
human rights activities, including the promotion of all human rights instruments
relating to women.
 The World Conference on Human Rights urges Governments, institutions,
intergovernmental and nongovernmental organizations to intensify their efforts for
the protection and promotion of human rights of women and the girl-child.
 19. Considering the importance of the promotion and protection of the rights of
persons belonging to minorities and the contribution of such promotion and
protection to the political and social stability of the States in which such persons
live, The World Conference on Human Rights reaffirms the obligation of States to
ensure that persons belonging to minorities may exercise fully and effectively all
human rights and fundamental freedoms without any discrimination and in full
equality before the law in accordance with the Declaration on the Rights of Persons
Belonging to National or Ethnic, Religious and Linguistic Minorities.
 The persons belonging to minorities have the right to enjoy their own culture, to
profess and practise their own religion and to use their own language in private and
in public, freely and without interference or any form of discrimination.
 Para 20. The World Conference on Human Rights recognizes the inherent dignity
and the unique contribution of indigenous people to the development and plurality
of society and strongly reaffirms the commitment of the international community
to their economic, social and cultural well-being and their enjoyment of the fruits
of sustainable development. States should ensure the full and free participation of
indigenous people in all aspects of society, in particular in matters of concern to
them. Considering the importance of the promotion and protection of the rights of
indigenous people, and the contribution of such promotion and protection to the
political and social stability of the States in which such people live, States should, in
accordance with international law, take concerted positive steps to ensure respect
for all human rights and fundamental freedoms of indigenous people, on the basis
of equality and non-discrimination, and recognize the value and diversity of their
distinct identities, cultures and social organization.
 Para 21. The World Conference on Human Rights, welcoming the early ratification of the Convention on
the Rights of the Child, 1989 by a large number of States and noting the recognition of the human rights of
children in the World Declaration on the Survival, Protection and Development of Children and Plan of
Action adopted by the World Summit for Children, urges universal ratification of the Convention by 1995
and its effective implementation by States parties through the adoption of all the necessary legislative,
administrative and other measures and the allocation to the maximum extent of the available resources. In
all actions concerning children, non-discrimination and the best interest of the child should be primary
considerations and the views of the child given due weight. National and international mechanisms and
programmes should be strengthened for the defence and protection of children, in particular, the girl-
child, abandoned children, street children, economically and sexually exploited children, including through
child pornography, child prostitution or sale of organs, children victims of diseases including acquired
immunodeficiency syndrome, refugee and displaced children, children in detention, children in armed
conflict, as well as children victims of famine and drought and other emergencies.
 International cooperation and solidarity should be promoted to support the implementation of the
Convention and the rights of the child should be a priority in the United Nations system-wide action on
human rights. The World Conference on Human Rights also stresses that the child for the full and
harmonious development of his or her personality should grow up in a family environment which
accordingly merits broader protection.
 Para 22. Special attention needs to be paid to ensuring non-discrimination, and the
equal enjoyment of all human rights and fundamental freedoms by disabled persons,
including their active participation in all aspects of society.
 Para 23. The World Conference on Human Rights reaffirms that everyone, without
distinction of any kind, is entitled to the right to seek and to enjoy in other countries
asylum from persecution, as well as the right to return to one's own country. In this
respect it stresses the importance of the Universal Declaration of Human Rights, the
1951 Convention relating to the Status of Refugees, its 1967 Protocol and regional
instruments. It expresses its appreciation to States that continue to admit and host
large numbers of refugees in their territories, and to the Office of the United Nations
High Commissioner for Refugees for its dedication to its task. It also expresses its
appreciation to the United Nations Relief and Works Agency for Palestine Refugees
in the Near East. The World Conference on Human Rights recognizes that gross
violations of human rights, including in armed conflicts, are among the multiple and
complex factors leading to displacement of people.
 Para 24. Great importance must be given to the promotion and protection of the human rights
of persons belonging to groups which have been rendered vulnerable, including migrant
workers, the elimination of all forms of discrimination against them, and the strengthening
and more effective implementation of existing human rights instruments. States have an
obligation to create and maintain adequate measures at the national level, in particular in the
fields of education, health and social support, for the promotion and protection of the rights of
persons in vulnerable sectors of their populations and to ensure the participation of those
among them who are interested in finding a solution to their own problems.
 Para 25. The World Conference on Human Rights affirms that extreme poverty and social
exclusion constitute a violation of human dignity and that urgent steps are necessary to
achieve better knowledge of extreme poverty and its causes, including those related to the
problem of development, in order to promote the human rights of the poorest, and to put an
end to extreme poverty and social exclusion and to promote the enjoyment of the fruits of
social progress. It is essential for States to foster participation by the poorest people in the
decision-making process by the community in which they live, the promotion of human rights
and efforts to combat extreme poverty.
 Para 26. The World Conference on Human Rights welcomes the progress made in the
codification of human rights instruments, which is a dynamic and evolving process, and
urges the universal ratification of human rights treaties. All States are encouraged to
accede to these international instruments; all States are encouraged to avoid, as far as
possible, the resort to reservations.
 Para 27. Every State should provide an effective framework of remedies to redress human
rights grievances or violations. The administration of justice, including law enforcement
and prosecutorial agencies and, especially, an independent judiciary and legal profession
in full conformity with applicable standards contained in international human rights
instruments, are essential to the full and non-discriminatory realization of human rights
and indispensable to the processes of democracy and sustainable development. In this
context, institutions concerned with the administration of justice should be properly
funded, and an increased level of both technical and financial assistance should be
provided by the international community. It is incumbent upon the United Nations to
make use of special programmes of advisory services on a priority basis for the
achievement of a strong and independent administration of justice.
 Para 28. The World Conference on Human Rights expresses its dismay at massive
violations of human rights especially in the form of genocide, "ethnic cleansing" and
systematic rape of women in war situations, creating mass exodus of refugees and
displaced persons. While strongly condemning such abhorrent practices it reiterates
the call that perpetrators of such crimes be punished and such practices immediately
stopped.
 Para 29. The World Conference on Human Rights expresses grave concern about
continuing human rights violations in all parts of the world in disregard of standards
as contained in international human rights instruments and international
humanitarian law and about the lack of sufficient and effective remedies for the
victims
 Para 30. The World Conference on Human Rights also expresses its dismay and condemnation
that gross and systematic violations and situations that constitute serious obstacles to the full
enjoyment of all human rights continue to occur in different parts of the world. Such
violations and obstacles include, as well as torture and cruel, inhuman and degrading
treatment or punishment, summary and arbitrary executions, disappearances, arbitrary
detentions, all forms of racism, racial discrimination and apartheid, foreign occupation and
alien domination, xenophobia, poverty, hunger and other denials of economic, social and
cultural rights, religious intolerance, terrorism, discrimination against women and lack of the
rule of law.
 Para 31. The World Conference on Human Rights calls upon States to refrain from any
unilateral measure not in accordance with international law and the Charter of the United
Nations that creates obstacles to trade relations among States and impedes the full realization
of the human rights set forth in the Universal Declaration of Human Rights and international
human rights instruments, in particular the rights of everyone to a standard of living adequate
for their health and well-being, including food and medical care, housing and the necessary
social services. The World Conference on Human Rights affirms that food should not be used
as a tool for political pressure.
 Para 32. The World Conference on Human Rights reaffirms the importance of
ensuring the universality, objectivity and non-selectivity of the consideration of human
rights issues.
 Para 33. The World Conference on Human Rights reaffirms that States are duty-
bound, as stipulated in the Universal Declaration of Human Rights and the
International Covenant on Economic, Social and Cultural Rights and in other
international human rights instruments, to ensure that education is aimed at
strengthening the respect of human rights and fundamental freedoms. The World
Conference on Human Rights emphasizes the importance of incorporating the subject
of human rights education programmes and calls upon States to do so. Education
should promote understanding, tolerance, peace and friendly relations between the
nations and all racial or religious groups and encourage the development of United
Nations activities in pursuance of these objectives.
 Para 35. The full and effective implementation of United Nations activities
to promote and protect human rights must reflect the high importance
accorded to human rights by the Charter of the United Nations and the
demands of the United Nations human rights activities, as mandated by
Member States. To this end, United Nations human rights activities should
be provided with increased resources.
 Para 36. The World Conference on Human Rights reaffirms the important
and constructive role played by national institutions for the promotion
and protection of human rights, in particular in their advisory capacity to
the competent authorities, their role in remedying human rights
violations, in the dissemination of human rights information, and
education in human rights.
 Para 37. Regional arrangements play a fundamental role in promoting and protecting
human rights. They should reinforce universal human rights standards, as contained
in international human rights instruments, and their protection. The World
Conference on Human Rights endorses efforts under way to strengthen these
arrangements and to increase their effectiveness, while at the same time stressing the
importance of cooperation with the United Nations human rights activities.
 The World Conference on Human Rights reiterates the need to consider the possibility
of establishing regional and subregional arrangements for the promotion and
protection of human rights where they do not already exist.
 38. The World Conference on Human Rights recognizes the important role of non-
governmental organizations in the promotion of all human rights and in humanitarian
activities at national, regional and international levels. The World Conference on Human
Rights appreciates their contribution to increasing public awareness of human rights issues, to
the conduct of education, training and research in this field, and to the promotion and
protection of all human rights and fundamental freedoms. While recognizing that the primary
responsibility for standard-setting lies with States, the conference also appreciates the
contribution of non-governmental organizations to this process. In this respect, the World
Conference on Human Rights emphasizes the importance of continued dialogue and
cooperation between Governments and non-governmental organizations. Non-governmental
organizations and their members genuinely involved in the field of human rights should enjoy
the rights and freedoms recognized in the Universal Declaration of Human Rights, and the
protection of the national law. These rights and freedoms may not be exercised contrary to the
purposes and principles of the United Nations. Non-governmental organizations should be free
to carry out their human rights activities, without interference, within the framework of
national law and the Universal Declaration of Human Rights. [Role of NGO’s]
 Para 39. Underlining the importance of objective, responsible and impartial
information about human rights and humanitarian issues, the World Conference on
Human Rights encourages the increased involvement of the media, for whom freedom
and protection should be guaranteed within the framework of national law.
 Programme of Action [Part II – 1 to 100]
 Focuses on Increased coordination on human rights within the United
Nations system
 Strengthen the center for human rights and allocation of human and
financial resources to the activities of the Centre for Human Rights
 Significant role of Center for Human Rights in the promotion of human
rights
 Establishment of a United Nations High Commissioner for Human Rights
 Measures for ensuring equality, dignity and tolerance
 Elimination of Racism, racial discrimination, xenophobia and other
forms of intolerance
 Among Persons belonging to national or ethnic, religious and linguistic minorities.
 Protection of Indigenous people, migrant workers, women and children, disabled.
 Freedom from torture
 Protection of All Persons from Enforced Disappearance
 Cooperation, development and strengthening of human rights by strengthening of
a pluralistic civil society and vulnerable groups, free election and Rule of law,
promotion of freedom of expression and the administration of justice
 Recommendation to the States to consider the desirability of drawing up a national action
plan identifying steps whereby that State would improve the promotion and protection of
human rights.
 Implementation and realization of right to development
 Recommendation to enable non-governmental and other grass-roots organizations to
play a major role on the national and international levels in the development of human
rights.
 appeals to Governments, competent agencies and institutions to increase considerably
the resources devoted to building well-functioning legal systems able to protect human
rights.
 encourages the Commission on Human Rights, in cooperation with the Committee on
Economic, Social and Cultural Rights, to continue the examination of optional
protocols to the International Covenant on Economic, Social and Cultural Rights.
 Human rights education, training and public information essential for the promotion
and achievement of stable and harmonious relations among communities and for
fostering mutual understanding, tolerance and peace.
 States should strive to eradicate illiteracy and should direct education towards the full
development of the human personality and to the strengthening of respect for human
rights and fundamental freedoms.
 Implementation and monitoring methods:
 Urges Governments to incorporate standards as contained in international human rights
instruments in domestic legislation and to strengthen national structures, institutions and
organs of society which play a role in promoting and safeguarding human rights.
 recommends the strengthening of United Nations activities and programmes to meet requests
for assistance by States which want to establish or strengthen their own national institutions
for the promotion and protection of human rights.
 recommends continued work on the improvement of the functioning, including the
monitoring tasks and the treaty bodies.
 Follow-up to the World Conference on Human Rights:
 Recommends that the General Assembly, the Commission on Human Rights and other
organs and agencies of the United Nations system related to human rights consider ways and
means for the full implementation, without delay, of the recommendations contained in the
present Declaration
 direct the Commission on Human Rights annually review the progress