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Unit - 1
Human Rights – Origin and Development
History of Human Rights
The roots of human rights can be traced to the Babylonian laws. The Babylonian
King Hammurabi issued a set of laws to his people called „Hammurabi‟s Codes‟, which
contained fair wages, protection of property and charges against them to be proved at trial.
Greek philosopher Plato, Artistotle and Roman philosopher Cicero advocated the natural law,
natural rights and human rights.
According to Cultural dictionary human rights can be defined as „freedom from
arbitrary interference or restriction by governments.‟ The term encompasses largely the same
rights called civil rights or civil liberties but often suggests rights that have not been
recognised.
The origin of human rights also can be credited to era of Renaissance Humanism in
the early modern period. Prior to this habeas corpus had been explained in the Magna Carta
of 1215 A.D. The European wars of religion and the civil wars of 17th century England gave
rise to the philosophy of liberalism and belief in human rights became a central concern of
European intellectual culture during 18th century „Age of Englightenment‟. The idea of
human rights lay at the core of the American and French revolutions A.D.1776 & A.D.1789
respecively which paved the way for the advent of universal suffrage. The World Wars of the
20th century led to the Universal Declaration of Human Rights.
A declaration for religious tolerance on an egalitarian basis can be found in the
„Edicts of Ashoka‟, which emphasise the importance of tolerance in public policy by the
government. The slaughter and capture of prisoners of war was also condemned by Ashoka.
According to historian John Esposito, Prophet Muhammad condemned female
infanticide, exploitation of poor, usury, murder, false contracts and theft. He also
incorporated Arabic and Mosaic laws and customs of the time into his divine relevations. The
Constitution of Medina (Charter of Medina) established the security of the community,
freedom of religion, security of women.

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The modern sense of human rights can be traced to Renaissance Europe and
Protestant Reformation, as also the disappearance of the feudal authoritarianism and religions
conservatism that dominated the Middle Ages. According to Jack Donnelly, in the ancient
world, “traditional societies typically have had elaborate systems of duties….conceptions of
justice, political legitimacy and human flourishing that sought to realize human dignity,
flourishing or well-being entirely independent of human rights.” Then Magna Carta (1215)
was related to General Charter of Rights. The statue of Kalisz (1264) gave privileges to the
Jewish minority in the Kingdom of Poland. In 1525, in Germany, the Peasants put their
„Twelve Articles‟ i.e demands towards the „Swabian League‟ in the German peasant‟s war.
In Britain in 1683, the English „Bill of Rights‟ or Act Declaring the Rights and Liberties of
the Subject and settling the „Succession of the Crown‟ and the Scottish Claim of Right each
made illegal a range of oppressive governmental actions.
Next traces of human rights found in the revolutions of 1776 (American Revolution)
and 1789, French Revolution leading to the adoption of the United States Declaration of
Independence and the French Declaration of Rights of Man and of the Citizen respectively
both of which established certain legal rights. Additionally, the Virginia Declaration of
Rights of 1776, encoded into law a number of fundamental civil rights and civil freedoms.
These were then followed by developments in philosophy of human rights by philosophers
such as Thomas Paine, John Stuart Mill and G.W.F Hegel during 18th and 19th centuries.
The term human rights probably came into use some time between Paine's „The Rights of
Man‟ and William Lloyd Garrison‟s 1831 writings in „The Liberator‟ in which he stated that
he was trying to enlist his readers in „the great cause of human rights‟.
In the 19th century human rights became a central concern over the issue of „slavey‟.
In Britain William Wilberforce worked towards it and the result was that Britain passed
Slave Trade Act,1807 and „Slavery Abolition Act, 1833. In America Northen States already
abolished slavery and Southern states did it later. In the 20th century we find many such
human rights movements in one form or another such as labour unions and their rights for
labour in North America. The Women‟s rights movements also were started in many

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countries. In India Mahatma Gandhi‟s movement to free the natives and [Link]‟s
movement of liberation of Depressed Classes within Hindu Community are also noteworthy
so far as the Human Rights are concerned.
The establishment of the „International Committee‟ of the Red Cross the 1864
„Lieber Code and the first of the „Geneva Conventions‟ in 1864 laid the foundations of
„International Humanitarian Law‟. The huge losses of human life and gross abuses of human
rights that took place during World Wars developed the modern human rights instruments.
The League of Nations was established in 1919 and its goals included disarmament,
preventive war through collective security, settling disputes between countries through
negotiation and diplomacy and improving global welfare. Enshrined in its Charter was a
mandate to promote many of the rights later included in the Universal Declaration of Human
Rights.
At the 1945 Yalta Conference, the Allied powers agreed to create a new body i.e
United Nations that now make up international humanitarian law and international human
rights law.
Philosophy of Human Rights:
The philosophy of the human rights attempts to examine the underlying basis of the
concept of human rights and critically looks at its content and jurisdiction. Several theoretical
approaches have been advanced to explain law and why human rights have became a part of
social expectations.
One of the Western philosophies of human rights is that they are a product of a
natural law, stemming from different philosophical or religious grounds. Other theories hold
that human rights codify moral behavior which is a human social product developed by a
process of biological and social evolution as held by David Hume. Human rights are also
described as a sociological pattern of rule setting as theorized by Max Weber. These
approaches include the notion that individuals in a society accept rules from legitimate
authority in exchange for security and economic advantage as according to John Rawls as a
„Social Contract‟.

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The two theories that dominate contemporary human rights discussion are the
'Interest theory' and the 'Will theory'. Interest theory argues that the principal function of
human rights is to protect and promote certain essential human interests, while Will theory
attempts to establish the validity of human rights based on the unique human capacity for
freedom.
Classification of Human Rights:
Human rights can be classified and organized in a number of different ways. At an
international level the most common categorization of human rights has been to split them
into civil and political rights and economic, social and cultural rights.
Civil and Political Rights are enshrined in Articles 3 to 21 of the „Universal
Declaration of Human Rights‟ (UDHR) and in the „International Covenant on Civil and
Political Rights (ICCPR). Economic, social and cultural rights are enshrined in articles 22 to
28 of the Universal Declaration of Human Rights (UDHR) and in the International Covenant
on Economic, Social and Cultural Rights (ICESCR).
KarelVasak generations.
Categorized the human rights are
 First – generation civil and political rights (right to life and political participation).
 Second – generation economic, social and cultural rights (right to subsistence) and
 Third – generation solidarity rights (right to peace, right to clean environment).
Out of these three generations the third generation is the most debated and lacks both
legal and political recognition.
Development of Human Rights:
Before we study Universal Declaration of Human Rights wehave to know certain
documents declaring rights of man such as Magna Carta, Bill of Rights, US Declaration of
Independence, French Declaration of the Rights of Man and of the Citizen.
The Magna Carta, 1215:-
The Magna Carta was issued on 15 June, 1215 also called Magna CartaLibertatum or
the Great Charter of the Liberties of England originally in Latin and translated into

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vernacular French as early as 1219 and later on it was modified by time to time. The 1215
charter required King John of England to proclaim certain liberties and accept that his will
was not arbitrary. For example by explicitly accepting that no „freeman‟ (non-serf) could be
punished except through the law of the land, a right which is still in existence in England.
The Bill of Rights, 1689:-
The Bill of Rights or the Bill of Rights 1688 is an Act of the Parliament of England
passed on 16 December 1689. This lays down limits on the powers of sovereign and sets out
the rights of Parliament and rules for freedom of speech in Parliament, the requirement to
regular elections to Parliament and the right to petition the monarch without fear of
retribution. It reestablished the liberty of the protestants to have arms for their defence within
the rule of law as Papists were both armed and employed contrary to law.
US Declaration of Independence, 1776:-
The Declaration of Independence was a statement adopted by the continental
Congress on July 4,1776 which announce that the 13 American Colonies, then at war with
Great Britain regarded themselves as independent states and no longer a part of the British
Empire. It contained that all men are created equal that they are endowed by their Creator
with certain unalienable Rights, that among these are Liberty and the pursuit of Happiness.
This view was notably promoted by Abraham Lincoln, who considered the Declaration to be
the foundation of his political philosophy and argued that the Declaration is a statement of
principles through which the United States Constitution should be interpreted. It has worked
for the rights of marginalized people throughout the world.
The Declaration of the Rights of Man and of theCitizen, 1793:-
It is a fundamental document of the French Revolution defining the individual and
collective rights of all the estates of the realm as universal. Influenced by the doctrine of
„natural right‟, the rights of man are held to be universal. It was adopted during the French
Revolution in 1789, but after modifications it was adopted in 1793. This declaration is in the
spirit of natural law which does not base itself on religious doctrine or authority. According
to this, „Men are born and remain free and equal in rights. And hence, the role of government

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is to recognize and secure these rights. They are liberty, property, security and resistance to
oppression.
Meaning and Nature o f Human Rights:
Human beings are rational beings and by virtue of their being human, they possess
certain basic and inalienable rights, which are commonly known as Human Rights.
According to the New International Webster's Comprehensive Dictionary of the English
Language, literally the word "right" means anything done in accordance with or conformable
to truth or fact, correct, true, accurate, not mistaken, conformable to a standard of propriety,
fit, suitable and the word "human" means pertaining to charactering man or mankind.*
However, human rights being a generic term embrace civil rights, civil liberties, social,
economic and cultural rights.
It is therefore difficult to give a precise definition of the term human rights. However,
the rights that all people have by virtue of human existence are defined as human rights.
Since these rights belonged to them because of their very existence, they become operative
with their birth. Human rights being the birth right are therefore, inherent in all the
individuals, irrespective of their caste, creed, religion, sex, nationality. These rights are
essential for all as they are consonant with their freedom and dignity and are conductive to
physical, moral, social and spiritual welfare, since the human rights provide suitable
conditions for the material and moral uplift of the people, their importance especially in the
contemporary world is unquestioned.
The Philosophical or Theoretical Approach:
The philosophical or theoretical approach has been categorized in five more theories
to explain the rights of man. These are
a) The Natural Rights Theory:
According to this theory the human rights are inherent in the very nature of human
being. Humans posses these rights because of the very fact that it is a human, a whole, a
master, a master of itself and of its acts by natural law.^ Therefore, the growth of concept of
the 'Rights of Man' has been closely associated with the traditional natural law theories, as a

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matter of fact the notion of individual rights has never been projected as a special feature in
these theories, and law as such implies both duties and rights.-* As such, duties and rights are
co-related with each other. D. D. Raphael has rightly observed that, "The rights are rights
against other people, and the duties are duties to other people.
b) The legal Right Theory:
The theory of natural rights has been criticized by many scholars, and in turn
advocates in favour of the legal rights theory. According to this theory, the rights are the
creation of state. As such, they are neither absolute nor inherent in the nature of man. All
rights such as right to life, liberty or property are artificially created by the law of the land.^
These fundamental rights are the right of self preservation, which can be protected by state
only in better manner than by any other means/ This theory extended that these rights can be
recognized by the state only for its enforcement, and if state can not recognize it, it can not be
enforced.®
c) The Historical Theory of Rights:
The historical theory maintains that the rights are the creation of historical process. A
long standing custom in the course of time concretize in the specific form of right. Ritchie's
comments in this context, that, " those rights which people think they ought to have are just
those rights which they have been accustom to have , or which they have a 'tradition'
(whatever true or false) of having once possessed.
d) The Social Welfare Theory of Rights:
This theory is also known as the Social Expediency theory. The advocates of this
theory are of the opinion that law, custom and natural rightS/ all are conditioned by social
expediency.'® The social welfare theory has played important role in the development of
number of human rights. As such, large number of social rights and economic rights have
been incorporated in the Universal Declaration of Human Rights.” e) The Idealistic Theory
of Rights; The idealistic theory of rights is also known as personality theory of rights. This
theory insists on the inner developments of man, on the development of his full potentiality.

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Hence, it treats rights of personality as a supreme and absolute right. According to this theory
all other rights have been denied from right of personality and are conditioned by it.
ii) Pragmatic Approach:
Besides, philosophical or theoretical approach, another way to look at the meaning
and nature of human rights is pragmatism. Every right whether perceived as inalienable or
otherwise can have validity and effectiveness only through some process or institution. Thus
it cannot be defined without reference to some institutional structure. As a room can not be
defined without reference to the walls. So Human Rights can not be defined without
reference to institutional settings, therefore, it is important that their exists an internally
agreed upon catalogue of human rights, which should be minimal definitional guide to
understand the essence of human rights and fundamental freedom.
Classifications of Human Rights
Louis B. Sohan has given these classifications of Human Rights.

1. The Human Rights of First Generation

2. The Human Rights of Second Generation
3. The Human Rights of Third Generation

 The first generation of Human Rights are called as Civil and Political Rights. These
rights are derived from natural law philosophy of the late eighteenth century of
Russeau and others.
 The second generation of Human Rights are referred to as Social, Economical and
Cultural Rights. These rights were attained recognition in the twentieth century with
the concept of socialism.
 (Source: Louis B. Sohan: “The New International Law: Protection of the Rights of
Individuals Rather than States”)
 The idea of Third Generation of human rights came into existence during the period
of 1970s.

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 These rights are supported by developing states and referred to as solidarity rights
and include the right to food, the right to development, the right to peace and the
right to a decent environment.
 These third generation rights inhere generally in groups as against individuals and
may require governments and international agencies to cooperate with the help of
those whose own resources are sufficient to achieve the necessary ends.
 Now, the society is witnessing fourth generation of Human Rights which are
referred to as Rights relating to Information.
Human Rights of Third Generation
In November 1977, Karel Vasak, UNESCO’s Legal Advisor and distinguished human
rights scholar, worte an article for the UNESCO Courier, introducing the idea of three
generations of human rights.
The theory gained traction among researchers and practitioners and became part of
the standard vocabulary describing the history and contents of the human rights framework.
In the 1977 article, Vasak credits the UNESCO Director-General Amadou Mathar
M’Brow from Senegal with creating the term “third generation of human rights”.

Unit - 2
UNITED CHARTER BASED INSTITUTION

INTRODUCTION:
United nation system almost all the organs and bodies deal with human rights
question but certain bodies and institution are primarily concerned with human rights.
For example:
 Human rights council,
 Prevention of discrimination and protection of minorities.
 The commission on the status of women,
 The office of the higher commissioner for refugees

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1. The Human Rights Council (HRC):

Has been established by the General Assembly of the United Nations to
replace the Commission on Human Rights. The Human Rights Council (HRC)
consists of 47 Member States, which are elected directly and individually by secret
ballot by the majority of the members of the General Assembly ; the membership is
based on equitable geographical distribution and seats shall be distributed as follows
among regional groups : African Group, thirteen; Asian Group, thirteen ; Eastern
European Group, six; Latin American and Caribbean Group, eight ; and Western
European and Others Group, seven ; the members of the Council will serve for a
period of three years and shall not be eligible for immediate re-election after two
consecutive terms.

The membership in the Council shall be open to all Member States of the
United Nations ; when electing members of the Council, Member States shall take
into account the contribution of candidates to the promotion and protection of human
rights and their voluntary pledges and commitments made thereto ; the General
Assembly, by a two-thirds majority of the members present and voting, may suspend
the rights of membership in the Council of a member of the Council that commits
gross and systematic violations of human rights.

The members elected to the Council are required to uphold the highest
standards in the promotion and protection of human rights. fully cooperate with the
Council and be reviewed under the universal periodic review mechanism during their
term of membership." The Council is ordained to meet regularly throughout the year
and schedule not fewer than three sessions per year, including a main session, for a
total duration of no less than ten weeks, and shall be able to hold special sessions,

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when needed, at the request of a member of the Council with the support of one-third
of the membership of the Counci1.

 Functions and Powers of the Council.

The Council, inter alia
 Promote human rights education and learning as well as advisory services, technical
assistance and capacity-building, to be provided in consultation with and with the
consent of Member States concerned ;
 Serve as a forum for dialogue on thematic issues on all human rights ;
 Make recommendations to the General Assembly for the further development of
international law in t he field of human rights :
 Promote the full implementation of human rights obligations undertaken by States
and follow-up to the goals and commitments related to the promotion and protection
of human rights emanating from United Nations conferences and summits ;
 Undertake a universal periodic review, based on objective and reliable information, of
the fulfilment by each State of its human rights obligations and commitments in a
manner which ensures universality of coverage and equal treatment with respect to all
States ;
 Contribute, through dialogue and cooperation, towards the prevention of human rights
violations and respond promptly to human rights emergencies ;

2. Sub-Commission on Prevention of Discrimination and Protection of Minorities.

The Sub-Commission on Prevention of Discrimination and Protection of
Minorities, is the main subsidiary organ of the Commission on Human Rights. It was
established by the Commission in 1947. It consists of twenty-six experts, elected by the
Commission with due regard for equitable geographical representation. Thus, it includes
six from African States, six from Asian States, five from Latin American States, three
from Eastern European States and six from Western European and other States. There are

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provision for single alternate for each member. Half of the members and their alternate
are elected every two year. Experts serve for a term of four years and may be re-elected.
The functions of this Sub-Commission are as follows:
(1) To undertake studies, particularly in the light of the Universal Declaration of
Human Rights, and to make recommendations to the Commission on Human Rights
concerning the prevention of discrimination of any kind relating to human rights and
fundamental freedoms and the protection of racial, national. religious and linguistic
minorities.
(2) To review developments in the field of slavery and the slave trade in all their
practices and manifestations, including the slavery-like practices of apartheid and
colonialism, the traffic in persons and the exploitation of the prostitution of others as they
are defined in the Slavery Convention of 1926, the Supplemental.); Convention on the
Abolition of Slavery, the Slave Trade and Institutions and. Practices Similar to slavery of
1956, and the Convention for the Suppression of the Traffic in Persons and of the
Exploitation of the Prostitution of Others of 1949.
3. The Commission on the Status of Women.
The Commission on the Status of Women consists of 45 members (in 1991)
selected by the Economic and Social Council on the basis of equitable geographical
distribution, Out of 45 members, 13 Members arc selected from African States, 11 from
Asian States, 9 from Latin American and Caribbean States, 8 from Western European and
Other States, and 4 from Eastern European States.47 It performs four major functions of
programming, co-ordination, monitoring and policy development.
The Commission works as preparatory body for international conferences on the
advancement of women. It establishes close co-ordination between international
organization and regional and national bodies concerned with the advancement of
women. It also prepares draft resolutions to be adopted by the Economic and Social
Council. The Commission on the Status of Women is also authorized by the Economic
and Social Council to consider confidential and non-confidential communications on the

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Status of Women received from the individuals that appear to reveal a consistent pattern
of reliably attested injustice and discrimination practices against women. The
Commission
4. Offices of the United Nations High Commissioner for Refugees (UNHCR).
The Office of the United Nations High Commissioner for Refugees was
established in 1949. it is an Important organ of the United Nations set up to solve the
problems of refugees, displaced persons, stateless persons and returnees, in accordance
with the provisions of the Charter and the provisions of Article 14 of the Universal
Declaration of Human Rights. It works In accordance with a statute framed for the
purpose. It has its head quarters at Geneva, but at the same time its representatives and
officials arc stationed In areas where there are significant refugees problems. The High
Commissioner or the Officer is elected by the United Nations General Assembly on the
nomination of the Secretary-General for a terms specified by the General Assembly.
The High Commissioner, according to its mandate, is required to provide for the
protection of refugees falling within the competence of his Office; to engage in such
additional activities, including repatriation and resettlement, as the General Assembly
may determine, within the limits of the resources placed at his disposal; to provide
assistance to displaced persons who are in a refugee like situation and provisionally to
undertake the functions foreseen under the Convention on the Reduction of Statelessness.
 Specialized Agencies of the United nations
United Nations Educational, Scientific and Cultural Organization (UNESCO)
 Established on the basis of the 1945
 Constitution, UNESCO is a specialized United Nations organization whose main
aims are to foster international cooperation in culture, art and science, and to make
sure human rights are respected without distinction of skin colour, social status or
religion.

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 To that end, UNESCO sets cooperation standards by creating international law in the
fields of education, science and culture, and by mobilising the international
community to act together.
 UNESCO focuses its activities on five areas: education, natural sciences, social
sciences, culture, and communication.
 UNESCO
 Its programmes fight illiteracy and promote free media and the freedom of
expression. The Organization actively seeks to develop a culture of peace.
 Having acknowledged that respect for diversity is among the pillars of world peace,
The prestigious World Heritage List was established pursuant to the Convention
Concerning the Protection of the World Cultural and Natural Heritage
 World Health Organization (WHO)
 The World Health Organization (WHO) was founded in 1948 as a specialised
organisation of the UN system with 21 founding countries 21 (including Poland).
 Currently, the number of WHO member countries is 194. The organisation is spread
over six different regions – Africa, America, Southeast Asia, Europe, the Eastern
Mediterranean region and the Western Pacific region.
 The WHO's priority is to fight the most serious health problems, especially among
the populations of developing countries.
 The scope of WHO's activity is universal and covers almost every aspect of health
(including the fight against infectious diseases, non-infectious diseases, the health of
different age groups, health prevention, strengthening of health care systems, crisis
response, etc.)
 The WHO operates in the following areas:
 Providing technical assistance to member countries in areas which in a given country
belong to the priorities of the health care system,
 Developing and monitoring the application of International Health Regulations,
 Supporting medical research,

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 Setting basic standards for medicines and vaccines,

 Providing assistance to member states in introducing standards for medicines and safe
food,
 Monitoring the degree of chemical pollution of air and water,
 Advising member states on defining standards in the education and training of
medical staff,
 Possessing an early warning system in the event of an outbreak of symptoms of an
epidemic (Global Outbreak Alert and Response Network
 Food and Agriculture Organization of the United Nations FAO
 The FAO deals with combating poverty and hunger through the development of
agriculture, as well as improving the standard of food.
 The FAO is the basic United Nations organisation working to improve the situation in
rural areas and its development. The organisation also creates special programmes to
be implemented in situations of food disasters. The FAO's highest body is the
Conference, which meets every two years.
 It elects the General Director of the FAO, which is currently José Graziano da Silva
(Brazil).
 The Council is the governing body, which supervises the work of many committees
dealing with agriculture, forests, fisheries, the food market and its security.
 A special committee operating within the FAO deals with cooperation with the World
Health Organization in developing common food standards.
 Since the adoption of the 2030 Development Agenda and its 17 Sustainable
Development Goals, one of the most important strategic goals of the FAO is to
implement the relevant provisions of the Agenda.
 The Regional Office of the FAO for Europe and Central Asia is located in Budapest.
The Ministry of Agriculture and Rural Development coordinates cooperation between
Poland and the FAO.
 International Labour Organization (ILO)

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 The International Labour Organization (ILO) is one of the longest-running

international organizations to deal with social matters. Its establishment in 1919 was
prompted by growing concerns about social reforms in the wake of World War One.
The founder members included Belgium, Cuba, Czechoslovakia, France, Japan, the
United States, the United Kingdom, and Poland.
 The ILO is the only UN agency with a tripartite structure. This means that the
representatives of workers and employers – social partners – have the same right to
shape the ILO’s policies and programmes as the governments Currently the
Organization has 187 Member States.
 ILO mission
 Create international labour law in the form of conventions and recommendations,
laying down minimal standards concerning such basic workers’ rights as: freedom of
association, the right to organise, the right to collective bargaining, the prohibition of
forced and compulsory labour, equal rights at work and in practising one’s
profession;
 Offer technical cooperation, promote international labour standards, and help
Member States harmonize their national legislation with provisions of ILO
conventions and recommendations, as well as implement the Decent Work Agenda;
 Foster the development of independent employers’ and workers’ organizations, and
train their members
Universal Declaration of Human Rights (UDHR)
Introduction:
The Universal Declaration of Human Rights (UDHR) is a declaration adopted by the
United Nations General Assembly (10 December 1948 at Palais de Chaillot, Paris). The
Declaration arose directly from the experience of the Second World War and represents the
first global expression of rights to which all human beings are inherently entitled. It consists
of 30 articles which have been elaborated in subsequent international treaties, regional
human rights instruments, national constitutions and laws. . In 1966 the General Assembly

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adopted the two detailed Covenants, which complete the International Bill of Human Rights;
and in 1976, after the Covenants had been ratified by a sufficient number of individual
nations, the Bill took on the force of international law.
History:
During the Second World War the allies adopted the Four Freedoms: freedom of
speech, freedom of assembly, freedom from fear and freedom from want, as their basic war
aims. The United Nations Charter "reaffirmed faith in fundamental human rights, and dignity
and worth of the human person" and committed all member states to promote "universal
respect for, and observance of, human rights and fundamental freedoms for all without
distinction as to race, sex, language, or religion".
When the atrocities committed by Nazi Germany became apparent after the Second
World War, the consensus within the world community was that the United Nations Charter
did not sufficiently define the rights it referenced. A universal declaration that specified the
rights of individuals was necessary to give effect to the Charter's provisions on human rights.
Canadian John Peters Humphrey was called upon by the United Nations Secretary-General to
work on the project and became the Declaration's principal drafter.
At the time Humphrey was newly appointed as Director of the Division of Human
Rights within the United Nations Secretariat. The Commission on Human Rights, a standing
body of the United Nations, was constituted to undertake the work of preparing what was
initially conceived as an International Bill of Rights. The membership of the Commission
was designed to be broadly representative of the global community
Adoption:
The Universal Declaration was adopted by the General Assembly on 10 December
1948 by a vote of 48 in favour, 0 against, with 8 abstentions (all Soviet Bloc states [i.e.,
Byelorussia, Czechoslovakia, Poland, Ukraine and The USSR],Yugoslavia, South Africa and
Saudi Arabia).
The following countries voted in favour of the Declaration: Afghanistan, Argentina,
Australia, Belgium, Bolivia, Brazil, Burma, Canada, Chile, China, Colombia, Costa Rica,

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Cuba, Denmark, the Dominican Republic, Ecuador, Egypt, El Salvador, Ethiopia, France,
Greece, Guatemala, Haiti, Iceland, India, Iran, Iraq, Lebanon, Liberia, Luxembourg, Mexico,
Netherlands, New Zealand, Nicaragua, Norway, Pakistan, Panama, Paraguay, Peru,
Philippines, Thailand, Sweden, Syria, Turkey, United Kingdom, United States, Uruguay,
Venezuela
Human rights set out in the Declaration
The following reproduces the articles of the Declaration which set out the specific
human rights that are recognized in the Declaration.
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.

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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.

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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

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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

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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

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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 United Nations International Covenant of Civil and Political Rights (ICCPR)
BACKGROUND:
Attempts to ensure the protection of civil and political rights. It was adopted by the
United Nations’ General Assembly on December 19, 1966, and it came into force on March
23, 1976. The International Covenant on Economic Social and Cultural Rights, the Universal
Declaration of Human Rights, and the ICCPR and its two Optional Protocols, are collectively
known as the International Bill of Rights.
PURPOSE:
The ICCPR recognizes the inherent dignity of each individual and undertakes to
promote conditions within states to allow the enjoyment of civil and political rights.
Countries that have ratified the Covenant are obligated “to protect and preserve basic human
rights… [and] “compel[ed] to take administrative, judicial, and legislative measures in order

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to protect the rights enshrined in the treaty and to provide an effective remedy.” There are
currently 74 signatories and 168 parties to the ICCPR. CONTENT:
The unifying themes and values of the ICCPR are found in Articles 2 and 3 and are
based on the notion of non-discrimination. Article 2 ensures that rights recognized in the
ICCPR will be respected and be available to everyone within the territory of those states who
have ratified the Covenant (State Party). Article 3 ensures the equal right of both men and
women to the enjoyment of all civil and political rights set out in the ICCPR. The rights
protected under the ICCPR include:
Article 6 – Right to life.
Article 7 – Freedom from torture.
Article 8 – Right to not be enslaved.
Article 9 – Right to liberty and security of the person.
Article 10 – Rights of detainees.
Article 11 – Right to not be imprisoned merely on the ground of inability to fulfil a
contractual obligation.
Article 12 – Freedom of movement and choice of residence for lawful residents.
Article 13 – Rights of aliens. Article 14 – Equality before the courts and tribunals. Right to a
fair trial. Article 15 – No one can be guilty of an act of a criminal offence which did not
constitute a criminal offence.
Article 16 – Right to recognition as a person before the law.
Article 17 – Freedom from arbitrary or unlawful interference.
Article 18 – Right to freedom of thought, conscience and religion.
Article 19 – Right to hold opinions without interference.
Article 20 – Propaganda for war shall be prohibited by law.
Article 21 – Right of peaceful assembly.
Article 22 – Right to freedom of association with others.
Article 23 – Right to marry.
Article 24 – Children’s rights

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Article 25 – Right to political participation.

Article
26 – Equality before the law.
Article 27 – Minority protection.
• Economic, Social and Cultural Rights
Need for protection of ESCR:
Economic, Social and Cultural Rights are an important part of the international
human rights law. They have been fully recognized by the international community and
throughout international human rights law.
Economic, social and cultural rights (ESCR) include the human right to work; the
right to an adequate standard of living, including food, clothing, and housing; the right to
physical and mental health; the right to social security; the right to a healthy environment;
and the right to education.
Key International Instruments on Economic, Social and Cultural Rights
The first comprehensive international instrument encompassing both sets of rights
i.e., civil and political rights and the economic, social and cultural rights is the Universal
Declaration of Human Rights (UDHR).
The International Covenant on Economic, Social and Cultural Rights (ICESCR)
remains the principal instrument on economic, social and cultural rights.
ICECSR recognizes
 the right to self determination;
 equality for men and women;
 the right to work and favourable conditions of work;
 the right to form and join trade unions;
 the right to an adequate standard of living including
adequate food, clothing and housing;
 the right to health and healthcare;
 the protection of the family; and

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 the right to social security.

The International Covenant on Economic, Social and Cultural Rights
- Preamble and 31 Articles
Right to work – Article 6
Right to adequate wages, Right to reasonable hours of work, Right to fair working conditions
– Article 7
Right to form Associations and Unions – Article 8
Right to social security with social insurance – Article 9
Right to family – Article 10
Right to education including free compulsory education – Articles 13 & 14
Social and cultural rights – enjoyment of certain cultural rights – Article 15

Unit - 4
Social Economic And Cultural Rights International Instruments
A. Right to work
B. Right to education
C. Right to health
D. Right to culture
E. Right of family
 International Covenant on Economic, Social and Cultural Rights
 Article 6
 1. The States Parties to the present Covenant recognize the right to work, which
includes the right of everyone to the opportunity to gain his living by work which he
freely chooses or accepts, and will take appropriate steps to safeguard this right.
 2. The steps to be taken by a State Party to the present Covenant to achieve the full
realization of this right shall include technical and vocational guidance and training
programmes, policies and techniques to achieve steady economic, social and cultural

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development and full and productive employment under conditions safeguarding

fundamental political and economic freedoms to the individual.
 Article 7
 The States Parties to the present Covenant recognize the right of everyone to the
enjoyment of just and favourable conditions of work which ensure, in particular:
 (a) Remuneration which provides all workers, as a minimum, with:
 (i) Fair wages and equal remuneration for work of equal value without distinction of
any kind, in particular women being guaranteed conditions of work not inferior to
those enjoyed by men, with equal pay for equal work;
 (ii) A decent living for themselves and their families in accordance with the
provisions of the present Covenant;
 (b) Safe and healthy working conditions;(c) Equal opportunity for everyone to be
promoted in his employment to an appropriate higher level, subject to no
considerations other than those of seniority and competence;
 (d ) Rest, leisure and reasonable limitation of working hours and periodic holidays
with pay, as well as remuneration for public holiday
 International Convention on the Elimination of All Forms of Racial
Discrimination
Article 2 of this Convention,
States Parties undertake to prohibit and to eliminate racial discrimination in all its forms and
to guarantee the right of everyone, without distinction as to race, colour, or national or ethnic
origin, to equality before the law, notably in the enjoyment of the following rights:
 International Convention on the Elimination of All Forms of Racial Discrimination
 Right to work
 Right to free choice of employment
 Right to just and favorable conditions of work
 Right to protection against unemployment
 Right to equal pay for equal work

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 Right to just and favorable remuneration

 Declaration on the Elimination of Discrimination against Women
Article 10
 The right, without discrimination on grounds of marital status or any other grounds,
to receive vocational training, to work, to free choice of profession and employment,
and to professional and vocational advancement;
 The right to equal remuneration with men and to equality of treatment in respect of
work of equal value;
 The right to leave with pay, retirement privileges and provision for security in respect
of unemployment, sickness, old age or other incapacity to work;
 The right to receive family allowances on equal terms with men.
 Convention On The Elimination Of All Forms Of Women
PART II
 Article 7
 States Parties shall take all appropriate measures to eliminate discrimination against
women in the political and public life of the country and, in particular, shall ensure to
women, on equal terms with men, the right:(a) To vote in all elections and public
referenda and to be eligible for election to all publicly elected bodies;
 (b) To participate in the formulation of government policy and the implementation
thereof and to hold public office and perform all public functions at all levels of
government;
 (c) To participate in non-governmental organizations and associations concerned with
the public and political life of the country.
 International Labour Organisation
 Each member shall declare and purse as a major goal , an active policy designed to
promote full, productive and freely chosen employment.

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 This will be done with a view to stimulating economic growth and development
raising level of living, meeting manpower requirement, raising level of living meeting
man power requirement and overcoming unemployment and underemployment.
 International Labour Organisation
 The aim of policy is
 There is work for all who available for and seeking work.
 Such work is as productive as possible.
 There is freedom of choice of employment and the poossible opportunity foir each
worker to qualify for, and to use his skill in a job.
 Each member state of the equal remuneration convention 1951 equal pay for equal
work
 Discrimination employment and occupation convention with out discrimination for
working place
 The Universal Declaration of Human Rights
 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.

 Convention on the Rights of the Child

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Article 28: (Right to education):

 All children have the right to a primary education, which should be free. Wealthy
countries should help poorer countries achieve this right. Discipline in schools should
respect children’s dignity.
 For children to benefit from education, schools must be run in an orderly way –
without the use of violence. Any form of school discipline should take into account
the child's human dignity.
 Therefore, governments must ensure that school administrators review their discipline
policies and eliminate any discipline practices involving physical or mental violence,
abuse or neglect. Young people should be encouraged to reach the highest level of
education of which they are capable.
 Convention on the Rights of the Child
Article 29 (Goals of education):
 Children’s education should develop each child’s personality, talents and abilities to
the fullest. It should encourage children to respect others, human rights and their own
and other cultures. It should also help them learn to live peacefully, protect the
environment and respect other people.
 Children have a particular responsibility to respect the rights their parents, and
education should aim to develop respect for the values and culture of their parents.
The Convention does not address such issues as school uniforms, dress codes, the
singing of the national anthem or prayer in schools.
 It is up to governments and school officials in each country to determine whether, in
the context of their society and existing laws, such matters infringe upon other rights
protected by the Convention.
 Convention Against Discrimination in Education 1960
Article-3

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(a) To abrogate any statutory provisions and any administrative instructions and to
discontinue any administrative practices which involve discrimination in education;

(b) Not to allow any differences of treatment by the public authorities between nationals,
except on the basis of merit or need, in the matter of school fees and the grant of scholarships
or other forms of assistance to pupils and necessary permits and facilities for the pursuit of
studies in foreign countries ;

(C) Not to allow, in any form of assistance granted by the public authorities to educational
institutions, any restrictions or preference based solely on the ground that pupils belong to a
particular group;

Indian provision right to education

The Constitution (Eighty-sixth Amendment) Act, 2002 inserted
Article 21-A in the Constitution of India to provide free and compulsory education of all
children in the age group of six to fourteen years as a Fundamental Right in such a manner as
the State may, by law, determine.
 Indian provision right to education
DPSP Part IV
Article 45, has 'made a provision for free and compulsory education for all children up to the
age of fourteen years within ten years of promulgation of the Constitution.
Fundamental Duties : Part IVA (Article 51A)
(k) to provide opportunities for education by the parent the guardian, to his child, or a ward
between the age of 6-14 years
.
 IV. Right to culture
UDHR Provision
 Article 27

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 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.

International Covenant on Economic, Social and Cultural Rights
Article 15 of the Covenant recognizes the right of everyone to participate in cultural life,
enjoy the benefits of scientific progress, and to benefit from the protection of the moral and
material rights to any scientific discovery or artistic work they have created.
 UN Convention on the Rights of the Child
Cultural rights of children
 Article 31
 “That every child has the right to rest and leisure, to engage in play and recreational
activities appropriate to the age of the child and to participate freely in cultural life
and the arts.
 Declaration of Principles of International Cultural Co-operation
Article I

1. Each culture has a dignity and value which must be respected and preserved.

2. Every people has the right and the duty to develop its culture.

3. In their rich variety and diversity, and in the reciprocal influences they exert on one
another, all cultures form part of the common heritage belongi
The aims of international cultural co-operation in its various forms, bilateral or multilateral;
regional or universal, shall be:

1. To spread knowledge, to stimulate talent and to enrich cultures;

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2. To develop peaceful relations and friendship among the peoples and bring about a better
understanding of each other's way of life;

3. To contribute to the application of the principles set out in the United Nations Declarations
that are recalled in the Preamble to this Declaration to all mankind.
 UNESCO Recommendation Concerning The Status Of The Artist
UNESCO adopted the recommendations in 1980 providing guide lines.
1. The member states should ensure that the population as a whole has access to art, and
should encourage all activities designed to highlight the action of artist for cultural
development
2. The member states have duty to protest, defend and assist artists and their freedom of
creation and ensure their right to establish trade union and professional organizations
of their choosing.
3. The member states should take appropriate measures to encourage the vocation and
training of artist, promote and protect their status to improve their employment, working and
living conditions, and to associate artists closely with decision relating to cultural policies
and their implementation
 V. Right to Family
Universal Declaration of Human Rights states
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.
 (ICESCR)
Article 10
 Protection and assistance should be accorded to the family. Marriage must be entered
into with the free consent of both spouses. Special protection should be provided to

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mothers. Special measures should be taken on behalf of children, without

discrimination.
 Children and youth should be protected from economic exploitation. Their
employment in dangerous or harmful work should be prohibited. There should be age
limits below which child labor should be prohibited.
 Indian Position
 Right to family include right to marry, right to privacy and the right to adopt a son.
 In India these rights are treated as part of the right to life under art 21 of the
constitution.
 Philips Alfred Malvin vs Y.S consalvis that the of the couple to adapt a son is a
constitutional right guaranteed under article21 of the constitution, however these are
not absolute rights and may lawfully be regulated for the prevention of crime,
disorder or protection of health, moral or protection of rights and freedom of others

Unit - 5
HUMAN RIGHTS AND VULNERABLE GROUPS : RIGIITS OF WOMEN,
CHILDREN. DISABLED, TRIBALS AGED AND MINORITIES.-
NATIONAL AND INTERNATIONAL LEGAL DEVELOPMENT
The Rights of Women : Advancement (14 right of women, the concern of world community
since preamble to the Charter of the United (■11.181;71 World determination of the peoples
or the United Nationsii4ltstrcl.:11Inritniltl: In fundamental human rights. In the dignity and
worth tti the human person. in the equal rights of men and women" and "to employ
international machinery for the promotion of the mono We and social advancement of the
people." Similar provisions are also Incorporated In the Charter of the United Nations and
other human rights instruments which provide for the protection and advancement of the
rights of women.
Provisions of the Charter of the United Nation concerning advancement of the rights of
women.—Article 1 of the Charter lays down that one of purposes of the United Nations is to

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achieve International co-operation in solving international problems of an economic, social

and cultural, or humanitarian character, and In promoting and encouraging respects for
human rights and fundamental freedoms for all without distinction as to race, sex, language
or religion." The provision for equality of women, with men has been in shrined in Article 8
of the Charter which lays down that "the United Nations shall place no restrictions on the
eligibility of men and women to participate in any capacity and under conditions of equality
in its principal and subsidiary organs." Thus equality of opportunity has been assured to the
women in the matters of participation in the work of the United Nations.
Article 13 of the Charter lays emphasis upon "promoting international co-operation in the
economic, social, cultural, educational and health fields, and assisting in the realisation of
human rights and fundamental freedoms for all without distinction as to race, sex, language
or religion. Again, Article 55 of the Charter also lays emphasis upon the promotion of
universal respect for, and observance of, human rights and fundamental freedoms for all
without distinction as to race, sex, language or religion. Thus the principle of equality of men
and women in the matter of promotion and observance of human rights and fundamental
freedoms has been fully established under the Charter of the United Nations, This principle
of equality has been further emphasised under various major international human rights
instruments, prepared and adopted under the auspices of the United Nations.
Provisions of International Human Rights Instruments.—The principle of equal rights of
men and women has been incorporated in the Universal Declaration of Human Rights.
Article 1 of this Declaration lays down that "all human beings are born free and equal in
dignity and rights." Article 2 of the Declaration lays down that "everyone is entitled to all the
rights and freedom set forth in this Declaration, without distinction of any kind" including
sex. It clearly provides that all the rights and fundamental freedoms incorporated in the
Universal Declaration of Hutnan Rights are available equally to both men and womenl
without any distinction. This is the basic principle and as such, has been incorporated in both
t he international r over,. nt International Covenant on Economic, Social and (.ultural Right,
the International Covenant on Civil and Politi,;t1 Rights. In adriiti,„, the principle of equal

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rights of men and women. has found rne►ti„,, the following international human rights
instruments
1. The Convention on the Elimination of All F orms Discrimination against Women: 2
2. . The Convention on the Political !Wits of Women:
3. 3. The Convention on the Nationality of Married Women:
4. 4. The Convention and recommendation on Consent to Marriag,.., Minimum age for
Marriage and Registration of Marriage;
5. 5. The Supplementary Convention on the Abolition of Slavery, 0, Slave Trade, the
Institution and Practices Similar to Slavery:
6. 6. The Convention for the Suppression of the Traffic in Persons awl of the
Exploitation of the Prostitution of Othrr%
7. 7. The Human Rights instruments adopted by the International labour Conference:
A. The Underground World (Women) Convention. 1935:
B. The Night Work (Women) Convention (Revised), 1948:
C. The Equal Remuneration Convention, 1951:
D. The Discrimination (Employment and Occupation) Convention, 1958, and
E. The Workers with Family Responsibilities Convention, 1981.
8. The Convention against Discrimination in Education, adopted by the General
Conference of the United Nations Educational Scientific and Cultural Organisation in 1960.
The United Nations' Competent Organs.—For the promotion of status of women in
various field and to eliminate discrimination against women, following two organs have been
established under the United Nations system
(1) The Commission on the Status of Women: and
(11) The Committee on the Elimination of Discrimination against Women:
The Commission on the Status of Women.—It is a functional Commission of the
Economic and Social Council,. Initially, it was established as a Sub-Commission of the
Commission on Human Rights. but In June 1946. the Economic and Social Council
conferred upon it the status of full commission and since then it is know as Commission on

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the Status of Women. In the initial period, this Commission was particularly concerned (I)
with the improvement of the status of women in law, particularly private law and (I1) with
the advancement of women's enjoyment of their rights to education, employment and health
care. It made valuable suggestions to the Commission on Human Rights and the Economic
and Social Council at the time when the Universal Declaration of Human Rights and the two
International Covenants on
Two approaches to attain the objective of equality : To attain the objective of equality
and non-discrimination, there are two approaches,
Declaration on the Elimination of Discrimination against Women.—
The Declaration on the Elimination of Discrimination against Women was adopted
unanimously by the General Assembly on 7 November, 1967. In the preamble to the
Declaration it has been laid down that as the discrimination against Women has continued to
exist even after the Charter of the United Nations, the Universal Declaration of Human
Rights. the International Covenant on Human Rights and other instruments " and the progress
made in the matter of equality of rights" it became necessary to make this Declaration in
order to attain equality of rights of men and women and the elimination of discrimination
based on sex. This Declaration, on one hand, restates and consolidates a number of principles
incorporated in various earlier instruments and sets forth, on the other hand, new principles
which did not find mention in the earlier treaties and recommendations. The Declaration
consists of 11 article and lays down following principles :
(1) That the discrimination against women, denying or limiting their equality of right with
men is fundamentally unjust and constitutes an offence against human dignity3
(2) That the existing laws, customs, regulations and practices which are discriminatory
against women must be abolished. The adequate legal protection for equal rights of men and
women must be provided. The international instruments of the United Nations and
specialised agencies relating to the elimination of discrimination against women, and their
full implementation must be ratified or acceed to, as soon as possible.'

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(3) That there is need to educate public opinion and to direct national aspirations towards the
eradication of prejudice and the abolitionof customary and all other practices which are based
on the ideal of the inferiority of women;5
(4) That all appropriate measures shall be taken to ensure to women. on equal terms with
men and without any discrimination, the right to vote in all elections and be eligible for
election to all publicly elected bodies and the right to hold public office and exercise all
public functions:6
(5) That women shall have the same rights as men to acquire change or retain their
nationality and that marriage to an alien shall not automatically affect the nationality of the
wife;7
(6) That all appropriate measures, particularly legislative measures. shall be taken to ensure
to women, married or unmarried, equal rights with men in the field of civil law;8
(7) That all provisions in penal code which constitute discrimination against women shall be
repealed:9
8) That all appropriate measures shall be taken to ensure to girls and women. married or
unmarried, equal rights with men in education at all levels:10
(9) That all appropriate measures shall be taken to ensure to women equal rights with men in
the field of economic and social life'1; and
(10) That all appropriate measures shall be taken to combat all forms of traffic in women and
exploitation of prostitution of women.
On the recommendation of the Commission on the Status of Women. the Economic
and Social Council has initiated in May 1968 a reporting system on the implementation of
the Declaration. All the Member States, the specialised agencies and the non-governmental
organisations are requested to give wide publicity to the principles contained in the
Declaration and send report to the Secretary-General regarding the actions taken by them for
the implementation of those principles. The Secretary-General, in turn, is required to send his
'report on the information so received to the Commission on the Status of Women for its
consideration.

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International Women's Year 1975.—The General Assembly adopted a resolution

on 18 December , 1972, providing for following two things : (i) that all the Members States,
and all International organisations should take steps to ensure the full realisation of the rights
of Women and their advancement on the basis of the Declaration on the Elimination of
Discrimination against Women, and (ii) the observance of International Women Year. The
General Assembly decided to observe 1975 as International Women's Year with following
objectives;
(a) To promote equality between men and women;
(b) (b) To ensure the full integration of women in the total development efforts,
especially by emphasizing women's responsibility and important role in economic,
social and cultural development at the national, regional and international levels,
particularly during the second United Nations Development Deaades;
(c) (c) To recognise the importance of women's increasing contribution to the
development of friendly relations and cooperation among States and to the
strengthening of world peace.
The Social and Economic Council authorised the Secretary-General, on 16 May 1974
to convene an international conference during the International Women's Year for following
purposesr2 :
(a) To examine the extent to which the organisation of the United Nations system had
implemented the recommendation for the elimination of discrimination against women made
by the Commission on the Status of Women since its establishment;
(b) To launch an international programme including short term and long-term
measurs aimed at achieving the integration of women as full and equal partners with men in
the total development effort and eliminating discrimination on grounds of sex;
(c) To achieve the widest involvement of women in strengthening international peace
and eliminating racism- and racial discrimination.
(d) II. The Right of the Child.—Children are the most vulnerable section of our society.
They arc exploited in various ways. To protect them from exploitation and provide

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them opportunities for harmonious development, the United Nations has focused its
attention on their problems since 1946, when the Temporary Social Commission of
the Economic and Social Council recommended that the provisions of the Geneva
Declaration of 1924 should be treated as binding on the peoples of the post Second
world war world. The Geneva Declaration of 1924 was adopted by the Assembly of
the League of Nations and it incorporated following five measures.82
1. The child must be given the means requisite for its normal development, both
materially and spiritually.
2. The child that is hungary must be fed, the child that is sick must be helped, the
child that is backward must be helped, the delinquent child must be reclaimed, and
the orphan and the waif must be sheltered and succoured.
3. The child must be first to receive relief in times of distress.
4. The child must be put in a position to earn a livelihood, and must be protected
against every form of exploitation.
5. The child must be brought up in the consciousness that its talents must be devoted
to the service of its fellow men.
The 1959 Declaration on the Rights of Child.—
On the basis of above provisions of the General Declaration of 1924. the
Temporary Social Commission prepared in 1950, the draft Declaration on the Right
of Child which was adopted by the General Assembly of the United Nations on 20
November, 1959. It contained following ten principles which formed code for the
well-being of every child :
1. The child shall enjoy all the rights set forth in this Declaration. All children,
without any exception whatsoever, shall be entitled to these rights, without distinction
or discrimination on account of race, colour, sex, language, religion, political or other
opinion, national or social origin, property, birth or other status whether of himself or
of his family.

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2. The child shall enjoy special protection and shall be given opportunities and
facilities by law and other means, to enable him to develop physically, mentally,
morally, spiritually and socially in a healthy and normal manner and in the condition
of freedom and dignity. In the enactment ►t laws tor this purpose, the best interests
of the child shall be the paramount constiter,thott,
3. The child shall be entitled trom his birth to a name and nationality. •. The child
shall entew the benefits of social security.
4. The shall lie entitled to grow and develop in health, to this end special care and
protection shall be provided 1,011, to him ,tod ter Ills mother including adequate pre-
natal and post •natal care. The child shall have the right to adequate nutrition,
housing, recreation and medical servives.
5. The child who is physically, mentally or sovially handicapped shall be given the
special treatment, education and rare required by his particular condition.
6. The child for the hill and harmonious development of his personality needs
love :n►t understanding. I le shall, wherever possible, grow up in the care and under
the responsibility of his parents and in any case in an atmosphere of affection and a
moral and material security; a child of tender years shall not, save in exceptional
circumstances, be separated from his mother. Society and public' authorities shall
have the duty to extend particular care to children without a family and to those
without means of support. Payment from State and other assistance towards the
maintenance of children of large families is desirable.
7. 1'he child is entitled to receive edneation, which shall be free and compulsory. at
least in the elementary stages. Ile shall be given an education which will promote his
general culture and enable him on a basis of equal opportunity to develop his abilities,
his individual judgment. and his sense of moral and social responsibility, and to
become a useful member of society. The best interests of the child shall be the
guiding principle of those responsible for his education and guidance, that
responsibility lies in the first place with his parents . The child shall have full

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opportunity for play and recreation, which should be directed to the same purposes as
education, society and the public authorities shall endeavour to promote the
enjoyment of this right.
8. The child shall in all circumstances be among the first to receive protection and
relief.
9. The child shall be protected against all forms of neglect, cruelty and exploitation.
He shall not be the subject of traffic, in any form. The child shall not be admitted to
employment before an appropriate minimum age. he shall in no case be caused or
permitted to engage in any occupation or employment which would prejudice his
health or education, or interfere with his physical, mental or moral Development.
10. The child shall be protected from practice which may foster racial, religious and
any other form of discrimination. lie shall be brought up in a spirit of understanding,
tolerance. friendship among peoples. peace and universal consciousness that his
energy' and talents should be directed to the service of his fellow men.
The United Nations Children's Fund (UNICEF) .—
The General Assembly established the United Nations International Children's
Emergency Fund (UNICEF) on 11 December 1946. The purpose of this Fund was to provide
assistance to the children and adolescents of those countries which had been the victims of
aggression. It was need based assistance and provided to the children without discrimination
of any kind, such as, race, creed, national status or political belief. However, on 6 October,
1953, the General Assembly decided that the Fund would continue to provide assistance to
the children in the developing countries and in those countries which had been devasted by
war or other calamities. The name of the United Nations International Children's Emergency
Fund (UNICEF) was changed and hence forth it is known as the United Nations Children's
Fund but the acronym (UNICEF) has been retained. The Economic and Social Council
supervise and review the work of the UNICEF periodically.
The operation of UNICEF is controlled by the Executive Board. It consists of 41
Members elected by the Economic and Social Council for a term of three years. The main

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function of UNICEF is to provide assistance to the Governments of developing countries in

improving the life of children. It acts on the notion that since the children are the means as
well the beneficiaries of the national development, the improvement in the quality of life of
children would lead to the sustained economic and social progress.
H. The Right against exploitation.—Every child has following rights against exploitation :
1. The Right against exploitation of child labour. Every child is entitled to be protected from
economic exploitation and from performing any work that is likely to be hazardous or to
interfere with the child's education, or to be harmful to the child's health, or physical. mental,
spiritual, moral or social development. The State Parties must provide for a minimum age for
admission to employment and for appropriate regulations of the hours and conditions of
employment."
2. The Right to protection against drug abuse. Children are entitled to be protected from
use of narcotic drugs and psychotropic substances and to be protected against being used in
the illicit production and trafficking of drugs.112
3. The right against sexual exploitation. Children have right to be protected from all forms of
sexual exploitation and sexual abuse as well as to be prevented from being engaged in any
unlawful sexual activity. used in prostitution, pornographic performances and materia1.113
4. The right against abduction, sale or traffic. States Parties shall take all appropriate national,
bilateral and multilateral measures to prevent the abduction or sale of or traffic in children for
any purpose or in any form.114
5. The right against other forms of exploitation. States Parties shall protect the child against
all other forms of exploitation prejudicial to any aspect of the child's welfare.115
The 1990 World Declaration on the Survival, Protection and the Development of
Children.—The Declaration provides that children are entitled to joy and peace, playing,
learning and growing which are necessary for the harmonious development of children. But
there are many children who face various problems and suffer in their very childhood. The
Declaration lays down 10-point programme for the protection of the rights of children and
improvement in their lives. These included following programmes.I24

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(i) Programme promoting earliest ratification and implementation of the Convention

on the Rights of the Child and world wide propagation about the rights of child;
(ii) Programme for a solid national and international efforts to enhance children's
health and sanitation:
(iii) Programme attaining optimal growth and development in childhood
(iv) Programmes for promoting the role and status of women and responsible faintly
planning;
(v) Programme for enhancement of role of the family in the upbringing of the child;
(vi) Programme reducing illiteracy and promoting educational opportunities for all
Children;
(vii) Programme for providing protection to children during armed conflict and
educating them in the values of peace, understanding and dialogue;
(viii) Programme for amelioration of plight of children living under specially difficult
circumstances;
(ix) Programme to protect the environments; and
(x) Programme for world wide removal of poverty.

III. The Rights of Disabled Persons.-For the improvement 0[ conditions of disabled

persons, the General Assembly, has adopted following two Declarations :
(1) The Declaration on the Rights of Mentally Retarded Persons, and
(2) (ii) The Declaration on the Rights of Disabled Persons .
The 1971 Declaration on the Rights of Mentally Retarded Persons.— This Declaration
was adopted by the General Assembly on 20 December 1971, keeping in view the necessity
of providing help to mentally retarded persons in order to enable them to develop their
abilities and promoting their integration in the normal life. The Declaration provides a frames
work within which national and International actions should be initiated for the advancement
of rights set forth in the Declaration.
The Declaration lays down following principles :

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1. The mentally retarded persons has to the maximum degrees of feasibility the same
rights as other human beings;
2. The mentally retarded person has a right to proper medical care and physical
therapy and to such education, training, rehabilitation and guidance as will enable him to
develop his ability and maximum potential.
3. The mentally retarded person has a right to economic security and to a decent
standard of living . He has a right to perform productive work or to engage in any other
meaningful occupation to the fullest possible extent of his capabilities.
4. The mentally retarded person, whenever possible should live with his own family,
or with foster parents and participate in different forms of community life. The family with
which he lives should be provided with assistance.
5. The mentally retarded person has a right to qualified. guardian when this is
required to protect his personal well-being and interests.
6. The mentally retarded person has a right to protection froril .xploitation, abuse and
degrading treatment. If prosecuted for any
7. Disabled persons are entitled to have their special need taken into consideration at
all stage of economic and social planning (para 8).
8. Disabled persons have the right to live with their families or with foster parents and
to participate in all social , creative or recreational activities (para 9)
9. Disabled persons shall be protected against all exploitation, and treatment of a
discriminatory, abusive or degrading nature. (para 10).
10. Disabled persons shall be able to avail themselves of qualified legal aid when
such aid proves indispensable for the protection of their persons and property. If judicial
proceedings are instituted against them, the legal procedure applied shall take their physical
and mental condition fully into account (para 11).
V. The Rights of the Ageing.—The question of old age rights was for the first time raised in
the General Assembly in 1948 by Argentina when it submitted a draft Declaration of old age
rights. This draft Declaration was transmitted to the Social Commission and the Commission

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on Human Rights through the Economic and Social Council for study and report on the
subject, but it remained on the agenda of those two Commissions for several Years without
any definite result. However the General Assembly again took the "Question of the elderly
and aged" for discussion in 1969 at the request of Malta. The matter was discussed in
General Assembly at its several sessions and finally on 16 December 1977 the General
Assembly decided to hold a World Assembly on the Elderly in 1982. Later on its title was
changed to World Assembly on Ageing.139
The World Assembly on Ageing was held at Vienna from 26 July to 6 August 1982.
It prepared and adopted the Vienna International Plan of Action on Ageing which was
endorsed by the General Assembly on 3 December 1982. It was resolved at the World
Assembly that fundamental and inalienable rights con'ained in the Universal Declaration of
Human Rights applied fully to ageing; that the quality of life is as much of importance as the
longevity that t lir .10,1 N110111,1 l• II; 1•1/(►,7 11 life of fulfilment, health, security and
contentment and Ilmt they be treated an integral part of the society.
Review and appraisal of the implementation of the International plan of Action
on Ageing.—A provision was incorporated In the international Plan of Action on Ageing for
a periodic review and appraisal of its implementation, to be made by the Commission for
Social Development. The General Assembly In its Resolution of 3 December 1982, requested
the Economic and Social Council to ask the Commission for Social Development to review
the implementation of the Plan of Action every four Year. The first review was conducted in
1985. The second in 1989 and the third in 1993. The findings of the Commission for the
Social Development indicated that though considerable awareness concerning the problem of
ageing of populations had been created in many parts of World but no concrete measures
were adopted for implementing the plan of action.
Tenth anniversary of the adoption of the International Plan of Action on Ageing.
The General Assembly on 30 November 1987 decided to observe the tenth anniversary of the
1982 World Assembly on Ageing in order to increase global awareness towards the problems
of ageing. An Action programme on ageing for 1992 and beyond, was prepared by the

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Secretary-General and endorsed by the General Assembly on 14 December 1990." It

envisaged a dual approach, (a) developing a practical strategy on ageing for the Decade
1992-2001 whose core element would be the election of targets on ageing and (b) a series of
promotional activities focussed on 1992. the tenth anniversary of the adoption of the
International Plan of Action on Ageing; regular observance of 1 October as International Day
for the Elderly designated by the General Assembly in its resolution 45/106 of 14 December
1990, and the establishment and regular updating of a global calender of events on
ageing.141 The 20th anniversary of the 1982 world Assembly on Agenging is scheduled to
be held from 8 to 12 April 2002 in Madrid.
United Nations Principles for Older Persons.I42—The General Assembly on 16
December 1991 adopted the United Nations Principles for older persons based on the
International Plan of Action on Ageing. These principles are to be incorporated by the
GoVernments in their national programmes. These principles may be described as follows :
A. Principles of Independence.—Following principles should be observe in order to
enable the older persons to maintain their independence :
(I) Older persons should have access to adequate food. water. shelter. clothing. and
health care through the provision of income, family and community support and self help.
(ii) Older persons should have the opportunity to work or to have access to other
income-generating opportunities.
(iii) Older persons should be able to participate in deternitnitie when and at what pace
withdrawal from the labour force takes place.
(iv) Older persons should have access to appropriate educational and training
programmes. (v) Older persons should be able to live in environments that are safe
and adoptable to personal preference and changhig capacities.
(vi) Older persons should be able to reside at home as long as possible.
B. Principles of Participation.—Following principles should be observed to enable
the participation of older persons

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(i) Older persons should remain integrated in society, participate actively in the
formulation and implementation of policies that directly affect their well-being and share
their knowledge and skills with younger generations.
(ii) Older persons should be able to seek and develop opportunities for service to
community and to serve as volunteers in positions appropriate to their interest and
capabilities.
(iii) Older persons should be able to form movements or associations of older
persons.
C. Principles of care : Following principles provide for tlw family and community
care :
(i) Older persons should benefit from family and community care and protection in
accordance with each society's system al cultural values.
(ii) Older persons should have access to health care to help theta maintain or regain
the optimum level of physical. mental and emotional well-being and to prevent or delay the
onset of illness.
(iii) Older persons should have access to social and legal services to inhance their
autonomy, protection and care.
(iv) Older persons should be able to utilise appropriate level of institutional care
providing protection, rehabilitation and social and mental stimulation in a humane and secure
environment.
(v) Older persons should be able to enjoy human rights 'and fundamental freedoms
when residing in any shelter, care or treatment facility, including full respect for their dignity,
beliefs. needs and privacy and for the right to make decisions about their care and the quality
of their lives.
D. Principles of Self-fulfilment
(i) Older persons should be able to pursue opportunities for the 11►11 development
of their potential.

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(ii) Older persons should have access to the education, cultural spiritual and
recreational resources of society.
E. Principles of Dignity : (i) Older persons should be able to live in dignity and
security and be free of exploitation and physical or mental abuse.
(ii) Older persons should be treated fairly regardless of age, gender. racial or ethenic
background, disability or other status and be valued independently of their economic
contribution.
VI. The Rights of Minorities : National, Ethnic, Religious or Linguistic 143
At the time, when the final text of the Universal Declaration of Human Rights was
being prepared in Paris, in 1948, several delegations proposed for the inclusion of an article
dealing with the protection of minorities. But it could not be done for obvious reasons. It was
argued on behalf of some delegations that the. problem of minorities had raised very
complicated issues in various States for the reason of their specific demographic structure.
Since the Universal Declaration was of general character, such countries might not be found
agreeable for the inclusion of provisions on minorities in a Declaration which was of
universal scope.
The another and more patent argument raised was that it was almost practically
impossible to evolve any compromise between the New World. who were prepared to
assimilate immigrants in their population and the old World, in which racial and national
minorities existed. However, it was viewed by some other delegation that provisions relating
to the protection of minorities had already been incorporated in the Declaration, as Article 18
of this Declaration provided for freedom of religion, Article 19 for freedom of opinion and
expression, Article 20 for freedom of assembly, Article 26 for the choice of education,
Article 27 for the right to participate in cultural life and Article 2 on non-discrimination
expressly protected all minorities.,44
The General Assembly. realising that no uniform solution could be adopted for the
complex and delicate issues of minorities, decided in its Resolution of 10 December 1948 not
to include in the Declaration the provisions relating to minorities. Rather. it was entrusted to

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Economic and Social Council to ask the Commission on Human Rights and the Sub-
Commission on Prevention of Discrimination and Protection of Minorities to prepare a study
reports on the problem of minorities in order to enable the United Nations to take effective
measures for the protection of racial, national. religious. linguistic minorities.
The Sub-Commissioning on Prevention of Discrimination and Protection of
Minorities at its fourth session in 1951 prepared a draft article on the rights of persons
belonging to minorities. With certain amendments made by the Commission on Human
Rights at its eighth session in 1952 this draft article was adopted as Article 27 of the
International Covenant on Civil and Political Rights. This Article runs as follows :
In those States in which' ethnic, religious, linguistic minorities. exist, persons
belonging to such minorities shall not be denied the right. in community with other members
to their group, to enjoy their own culture, to profess and practice their own religion or to use
their own language.
As a next step, the Sub-Commission prepared two draft resolutions. First was in
relation to the protection of newly created minorities and second was in relation to the
abolition of discriminatory measures affecting minorities. It was submitted to the Economic
and Social Council for its consideration. The Council in its Resolution of 3 August 1953
observed in respect of protection to newly created minorities that "in the preparation of any
International treaties, decisions of International organs, or other acts which established new
States, or new boundary lines between States, special attention should be paid to the
protection of any minority which may be created thereby".
So far, as second draft was concerned, the Council observed that it needs more
thorough study of the whole question and suggested that a suitable definition for the term
'minority" should be formulated. In pursuance of this observation the definition of the term
"minority" formulated by the Sub-Commission runs thus : " A group of citizens of a State,
constituting a numerical minority and in a non-dominant position in that State, endowed with
ethnic, religious or linguistic characteristics which differ from those of the majority of
population, having a sense of solidarity with one another , motivated, if only implicitly, by a

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collective will to survive and whose aim is to achieve equality with the majority infact and in
law."
Unit - 6
National Human Rights Commission
The most important development in India is the creation of the National Human
Rights Commission on 29th September 1993 as the result of an ordinance promulgated by the
President. Subsequently in the following year, the act of the Parliament provided this body a
statutory status.
Composition:
The National Human Rights Commission (NHRC) is consisting of a chairperson and
seven other members. Out of the seven members, three are ex-officio members and four
others are appointed by the President on the recommendation of a Selection Committee. The
Committee is consisting of the Prime Minister who is the chairman of this Committee, Union
Home Minister, Deputy Chairman of the Rajya Sabha, Speaker of the Lok Sabha and the
Leaders of the Opposition in both the Houses of Parliament.
The members of the NHRC are as follows:
1. The Chairperson is a retired Chief Justice of the Supreme Court.
2. One member is either a working or a retired judge of the Supreme Court.
3. One member is either a working or a retired Chief Justice or a judge of a High Court.
4. Two persons having knowledge or practical experience in matters relating to Human
Rights.
Besides them, the Chairpersons of the National Commission for Scheduled Castes and
Scheduled Tribes, National Commission for Minorities and National Commission for
Women shall be its ex-officio members.
Tenure:
The Chairperson and the members of the NHRC have a tenure of five years. But if
any member attains the age of 70 years before the completion of his tenure, he or she has to
retire from the membership.

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Removal:
The Chairperson or any other member of this commission can be removed by the
President even before the expiry of their full term. They can be removed only on the charge
of proved misbehavior or incapacity or both, if it is proved by an inquiry conducted by a
judge of the Supreme Court. The headquarters of the commission is at New Delhi. However,
with the permission from the government, it can establish offices at other places in India.
Powers and Functions:
The NHRC has the following functions:
1. To investigate complaints regarding the violation of human rights either suo moto or after
receiving a petition.
2. To investigate the failure of duties on the part of any public official in preventing the
violation of human rights.
3. To intervene in any judicial proceedings involving any allegation of violation of human
rights.
4. To visit any jail or any other institution under the control of the State Government to see
the living conditions of the inmates and to make recommendations thereon.
5. To review the safeguards provided under the constitution or any law for the protection of
the human rights and to recommend appropriate remedial measures.
6. To study treaties and other international instruments on human rights and to make
recommendations for their effective implementation.
7. To undertake and promote research in the field of human rights.
8. To encourage the efforts of the non-governmental organisations working in the field of
human rights.
9. To spread human rights literacy among various sections of society and to promote
awareness of the safeguards available for the protection of these rights through publications,
the media, seminars and other means.
10. To review all facts related to the activities of the terrorists which obstruct the way of the
protection of human rights and to make recommendations for their effective implementation.

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While making an inquiry into the complaints submitted to it, the commission enjoys
the powers of a civil court. It can recommend to both the central and state governments to
take appropriate steps to prevent the violation of Human Rights. It submits its annual report
to the President of India who causes it to be laid before each House of Parliament.
It usually sends a copy of the inquiry report to the petitioner and also to the concerned
government. The government may be asked to inform it about the action taken or proposed to
be taken on the concerned complaints.
The Protection of Human Rights Act, 1993, empowered the State Governments to set
up their own commission for such a purpose. The chairman and the members of such State
Commission are appointed by the Governor in consultation with the Chief Minister, Home
Minister, Speaker and Leader of the Opposition in the State Legislative Assembly.
Role:
Though the establishment of the National Human Rights Commission is a bold step,
yet sometimes it fails to discharge its duties effectively and efficiently. It does not have any
machinery of investigation. It always depends on the staff of the central and state
governments. So its investigation sometimes fails to be impartial.
In most cases, it asks the concerned Central and State Governments to investigate the
cases of the violation of Human Rights. It also approaches the Supreme Court and the High
Courts to provide judicial relief to the victims. Soli J. Sorabjee criticized it as “India’s teasing
illusion” due to its incapacity to render any practical relief to the aggrieved party.
On the issue of the violation of Human Rights, India is unnecessarily dragged to
controversy. As a sovereign state, when it takes action against all disintegrating forces, the
issue of Human Rights violation is raised. The maintenance of a proper balance between
these two facts is the highest need of the time. The National Human Rights Commission, so
far in India has successfully demonstrated its willingness to act as an effective organisation in
the protection of Human Rights.
State Human Rights Commission
1. Composition of State Human Rights Commission:

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A State Commission is to be composed of a chairman and some members appointed

by the Governor in consultation with the Chief Minister, Home Minister, Speaker and Leader
of the Opposition in State Assembly. The chairman is to be a retired judge of the High Court;
one of the members should be a serving or a retired District Judge in that state; one member
is to be a serving judge or a retired judge of the High Court, two members are to be activists
in the field of Human Rights. Besides the above members, the Commission has its own
secretary as well.
2. Removal:
The chairman or any other member is removable by the President on the charge of
proved misbehavior or incapacity after a regular inquiry by a judge of the Supreme Court.
They are removable on the grounds as provided for such removals of the members of NHRC
as well.
3. Limitations on NHRC and Other Commissions:
It is feared, the NHRC or other Commissions fail to perform their functions
effectively due to certain limitations as under:
(i) The torture and harassment by the armed forces does not fall within their purview.
(ii) They do not possess machinery of investigation. Hence they have to bank upon the
assistance of Central or State Governments respectively which may not act impartially.
(iii) Their functions are of a recommendatory nature. They cannot be accorded any relief to
the victims of violation of rights.

Hence an eminent jurist holds that such limitations make this law concerning NHRC and
State Commission “a mere cosmetic affair meant for foreign consumption …..”.
European Convention on Human Rights

Introduction:

The Convention for the Protection of Human Rights and Fundamental Freedoms,
better known as the European Convention on Human Rights, was opened for signature

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in Rome on 4 November 1950 and came into force in 1953. It was the first instrument to
give effect to certain of the rights stated in the Universal Declaration of Human Rights and
make them binding.

Since its adoption in 1950 the Convention has been amended a number of times and
supplemented with many rights in addition to those set forth in the original text
Each of the numbered “articles” protects a basic human right. Taken together, they
allow people to lead free and dignified lives.47 states, including the UK, have signed up.
That means that the UK commits to protecting the Convention rights. If a person’s rights are
being breached, and they can’t get a remedy in the UK through the Human Rights Act, the
Convention lets them take their case to the European Court of Human Rights
European Convention on human rights:

The European Convention on Human Rights has played an important role in the
development and awareness of Human Rights in Europe. The development of a regional
system of human rights protection operating across Europe can be seen as a direct response
to twin concerns.

First, in the aftermath of the Second World War Second World War, was a
global war that lasted from 1939 to 1945, the convention, drawing on the inspiration of the
Universal Declaration of Human Rights can be seen as part of a wider response of the Allied
Powers in delivering a human rights agenda through which it was believed that the most
serious human rights violations which had occurred during the Second World War could be
avoided in the future.

Second, the Convention was a response to the growth of Communism in Central and
Eastern Europe and designed to protect the member states of the Council of Europe from
communist subversion. This, in part, explains the constant references to values and principles
that are "necessary in a democratic society" throughout the Convention, despite the fact that
such principles are not in any way defined within the convention itself.

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The Convention was drafted by the Council of Europe after the Second World War in
response to a call issued by Europeans from all walks of life who had gathered at the Hague
Congress. Over 100 parliamentarians from the twelve member states of the Council of
Europe gathered in Strasbourg in the summer of 1949 for the first ever meeting of the
Council's Consultative Assembly to draft a "charter of human rights" and to establish a court
to enforce it. British MP and lawyer Sir David Maxwell-Fyfe, the Chair of the Assembly's
Committee on Legal and Administrative Questions, was one of its leading members and
guided the drafting of the Convention.
As a prosecutor at the Nuremberg Trials, he had seen first-hand how international
justice could be effectively applied. With his help, the French former minister and Resistance
fighterPierre-Henri Teitgen submitted a report to the Assembly proposing a list of rights to be
protected, selecting a number from the Universal Declaration of Human Rights just agreed to
in New York, and defining how the enforcing judicial mechanism might operate. After
extensive debates, the Assembly sent its final proposal to the Council's Committee of
Ministers, which convened a group of experts to draft the Convention itself.
The Convention was designed to incorporate a traditional civil liberties approach to
securing "effective political democracy", from the strongest traditions in the United
Kingdom, France and other member states of the fledgling Council of Europe, as said by
Guido Raimondi, President of European Court of Human Rights:
The European system of protection of human rights with its Court would be
inconceivable untied from democracy. In fact we have a bond that is not only regional or
geographic: a State cannot be party to the European Convention on Human Rights if it is not
a member of the Council of Europe; it cannot be a member State of the Council of Europe if
it does not respect pluralist democracy, the rule of law and human rights. So a non-
democratic State could not participate in the ECHR system: the protection of democracy goes
hand in hand with the protection of rights.
— Guido Raimondi
The European Convention Secures:

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The Right To Life (Article2)

Freedom From Torture (Article3)
Freedom From Slavery (Article4)
The Right To Liberty (Article5)
The Right To A Fair Trail (Article6)
The Right Not To Be Punished For Something That Wasn’t Against The Law At The Time
(Article7)
The Right To Respect For Family And Private Life (Article8)
Freedom Of Thought, Conscience And Religion (Article9)
Freedom And Expression (Article10)
Freedom Of Assembly (Article11)
The Right To Marry And Start A Family (Article12)
The Right Not To Be Discriminated Against In Respect Of These Rights (Article14)
The Right To Protection Of Property (Protocol 1,Article2)
The Right To Education (Protocol 1,Article2)
The Right Participate In Free Elections (Protocol 1,Article2)
The Abolition Of The Death Penalty(Protocol 13)

European Court Of Human Rights:

European Court of Human Rights (ECHR), judicial organ established in 1959 that is
charged with supervising the enforcement of the Convention for the Protection of Human
Rights and Fundamental Freedoms (1950; commonly known as the European Convention on
Human Rights), which was drawn up by the Council of Europe. The convention obligates
signatories to guarantee various civil and political freedoms, including the freedom of
expression and religion and the right to a fair trial. It is headquartered in Strasbourg,
France.
Individuals who believe their human rights have been violated and who are unable to
remedy their claim through their national legal system may petition the ECHR to hear the

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case and render a verdict. The court, which also can hear cases brought by states, may award
financial compensation, and its decisions often require changes in national law. Consisting of
more than 40 judges elected for nonrenewable nine-year terms, the ECHR normally works in
seven-judge chambers. Judges do not represent their countries, and there is no limit to
the number of judges a single country may contribute. The court is also divided into four
sections, the judges of which represent a balance of gender and geography and take account
of the various legal systems.
A Grand Chamber of 17 judges is sometimes used in cases where the seven-judge
panel determines that a serious issue of interpretation is involved or that the decision of the
panel might contravene existing case law.
In order to handle the growing number of cases more efficiently, the European Court
of Human Rights and the European Commission of Human Rights, which was
established in 1954, were merged in 1998 into a reconstituted court and enabled to hear
individual cases without the prior assent of the individual’s national government.
Despite these changes the ECHR’s backlog continued to grow, prompting the
adoption in 2010 of additional streamlining measures, which included prohibiting the court
from hearing individual cases in which the applicant has not suffered a “significant
disadvantage.” The court’s decisions are binding on all signatories.
Protocol No.11 to the Convention for the Protection of Human Rights and
Fundamental Freedoms
Composition:
The European Court for Human Rights is composed of full-time judges and divided
into four sections. Dependent on the significance of the case, the Grand Chamber (consisting
of 17 judges), the Chamber (consisting of 7 judges) or the Commission (consisting of 3
judges) will decide. The Additional Protocol No. 14 also instituted single judge formations
which can definitely disallow individual complaints that are self-evidently invalid, and shall
in this way help to take the pressure off the Court.

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At present, the European Court for Human Rights consists of 47 judges, equivalent to
the number of signatory parties. They are elected by the Parliamentary Assembly of the
Council of Europe from a list of three candidates presented by the respective country. But,
the elected judges are independent and do not represent a country. In October 2011, Helen
Keller took over the place of Giorgio Malinverni who retired for age reasons. The
Principality of Liechtenstein is also represented by a Swiss, Mark Villiger.
The Additional Protocol No. 14 extended the period of office from six to nine
years, as a compensatory measure, a re-election is not possible.
Inter-State cases before the European Court for Human Rights:
According to article 33, the ECHR system also gives states the opportunity to bring to
court another state. Compared to the individual complaints, it is unnecessary for the accusing
state to make valid its own rights or those of its own national. Inter-State cases are only
lodged very seldom, their political significance therefore is all the bigger.
Method of operation:
The Court can determine its way of operation by itself, giving itself the «Rules of the
Court». The European Court for Human Rights only provides the framework by defining the
respective competencies of the different organisations (see above under «Composition»).
Traditionally, the admissibility and the topical merit of a complaint are being decided on
separately. Whereas a decision on both points used to be exception, since the ratification of
the 14th Additional Protocol it is the rule, at least in mainstream legislation.
Today, a panel of 3 judges can decide conclusively should their decision be
unanimous. Should there be a disagreement, the case is passed on to the Small Chamber
whose decision can then be appealed before the Great Chamber within a 3 months’ period of
time. The Small Chamber can forward the case to the Great Chamber directly for decision, if
the topic is of particular difficulty or a chance in jurisdiction is near. But the parties to the
dispute can avoid this by first requesting a decision by the Small Chamber in order to being
able to launch an appeal.

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The judges are elected by the Parliamentary Assembly of the Council of Europe
from lists of three candidates proposed by each State. They are elected for a non-
renewable term of nine years.

Although judges are elected in respect of a State, they hear cases as individuals and do
not represent that State. They are totally independent and cannot engage in any activity
that would be incompatible with their duty of independence and impartiality.
Judges Of The Court
In Order Of Precedence As At 01/05/2017
First name Surname Country Precedence
Guido Raimondi Italy President
Angelika Nußberger Germany Vice-President
Linos-Alexandre Sicilianos Greece Vice-President
Ganna Yudkivska Ukraine Section President
Helena Jäderblom Sweden Section President
Robert Spano Iceland Section President

The court is responsible for monitoring respect for the human rights of 800 million
Europeans within the 47 Council of Europe member states that have ratified the convention.

A total 797 judgements (or 87.01%) found at least one violation of the convention –
including 119 judgments concerning Russia, 118 concerning Turkey, 83 concerning
Romania, 65 concerning Ukraine and 50 concerning Hungary.

In 2013, the court had decided on 1,652 cases concerning the UK. Of these, 1,633
were declared inadmissible or struck out. That’s 98.85% of cases.

Last year, there were 13 judgments concerning the UK, with eight judgements finding
at least one violation of the convention.

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There were 2,519 cases pending against the UK as of 1 January 2014, which includes
2,006 cases related to prisoners’ right to vote. In contrast there are 16,813 pending cases
concerning Russia, 14,379 concerning Italy, 13,284 concerning Ukraine, 11,230 concerning
Serbia and 10,931 concerning Turkey.

The overall backlog of pending cases has fallen from 151,600 in 2011 to 99,900 in
2013 – a 34% decrease. This is the result of the reform process which has been under way for
several years. There had been consecutive year-on-year increases of cases between 1999 and
2011.
Some Important Case Laws Decided By The European Court Of Human Rights
1. Lawless Vs Ireland. This was the first case decided by the European court of human
rights. Its judgment was delivered on 14 th November, 1960. In this case the court applied
article 15 of the European convention which is relating to derogation from the obligation
under the convention on the ground of public emergency threatening the life of the
nation.

2. Brogan Vs United Kingdom. In the case the court applied article 5 (3) of the European
convention on human rights (ECHR) which provides “Every one arrested or detained in
accordance with the provisions of paragraph (1) (c) of this article shall be brought
promptly before a judge or other officer authorized by law to exercise judicial power and
shall be entitled to trial within a reasonable time or to release pending trial the court held
that there was breach was a breach of article 5 (3).

3. Handyside Vs United Kingdom. This case was relating to right of freedom of

expression contained in article 10 of ECHR. In the case seizure of the book of
Handyside his conviction and fine were held to be justified under article 10 (2) on the
ground of protection of morals

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4. Lingens Vs Austria This case is also relating to article 10of the ECCHR this case was
relating to an article published in a Magazine containing words such as “Basest
opportunism and Immoral about the Federal Chancellor of Austria. Considering all the
aspects of the4 case and the background in which the said words were written the court
held that interference with Mr. Lingens” exercise of freedom of expression was
unjustified. The court also awarded in favour of the applicant just satisfaction of
284,538,60 shillings under article 5 of the constitution.

5. Soeurng Vs United Kingdom. This case related to article 3 of ECHR which Prohibits “
EXTRADICTION” which may lead to death phenomenon’ soeuring a German national
was charged of a murder in the state of Virginia. He fled away to U.K. his extradition
was sought by the u.s soeuring resisted his extradition under article 3 of the convention.
The court upheld the plea of soeuring.

6. Ireland Vs United Kingdom. This case is also relating to article 3 of ECHR which
deals with freedom from torture and inhuman or degrading treatment. In this case the
court held that the techniques applied amount to a practice of inhuman and degrading
treatment constituting a breach of article 3.

7. Wemhoff V Federal Republic Of Germany. This case related to the liberty of the
person and involved the interpretation of article 6 (1) of ECHR.

8. Golder Vs United Kingdom. This case related to right of fair trial in article 6 (1) and
right of correspondent in article 8 of ECHR on the basis of facts of the case, The court
held that there had been a breach of article 6 (1) as well as a breach of article of ECHR.

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9. Sunday Times Vs United Kingdom. This case is relating to article 10 of the ECHR
which deals with freedom of Expression on the basis of facts of the case. The Court held
that the restraint imposed was not justified under article 10 (2).

Conclusion:

So my conclusion is that human rights are not anti-democratic; terrorism is anti-

democratic; arbitrary interference with individual rights and freedoms is anti-
democratic; democracy without the rule of law is anti-democratic as is, self-evidently,
the rule of law without democracy.

In their wisdom the authors of the European Convention on Human Rights over
fifty-five years ago constructed a framework for the effective operation of democracy
and the rule of law based on minimum standards that are now in principle shared
throughout forty-seven European States.

That framework, evolving as it has done through the Strasbourg case-law,

remains as relevant today as it was then. It still represents a more long-term but
ultimately more effective means of protecting democracy than short-term,
disproportionately repressive measures which may purport to do the same, but which in
the end court the risk of undermining the foundations of democratic society.

Unit - 8
Origin and Development of Refugee Law
The attention of Internal lanai community has been focussed on the need and
protection or refugees since 1921, when the Council of the League of Nations decided to
appoint a High Commissioner for Russian refugees. This decision was taken on 27 June
1921, and on 20 August 1921 in pursuance of that decision, a High Commissioner was
appointed to co-ordinate the action taken in various countries on the question of refugees.
The mandate of the High Commissioner had included the following tasks :

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(I) To define the legal status of the refugees;

(II) (it) To organise their repatriation or their allocation to the various countries which
might be able to receive them, and to find means of work for them;
(III) (III) To undertake relief work amongst them, with the aid of philanthropic
societies."
The mandate of the High Commissioner was extended to cover Armenian Refugees in
1924 and to the Assyrian, Assyro-Chaldean and Turkish Refugees in 1928.
Apart from the appointment of the High Commissioner for Refugees. International
instruments were also concluded providing for the definition of the legal status of the
refugees, the creation of international agencies for the protection of refugees and for other
relief measures. Most noteworthy were the Convention of 28 October, 1933, Relating to the
Status of Refugees21 and the Convention of February 10. 1938. Regarding the Status of
Refugees from Germany'''. Thus efforts were made by international community even before
the Second World War to define the legal status of the refugees through multilateral treaties.
Since . the main aim of these treaties was only to define the legal status of the refugees and
that these treaties were ratified by few States that too with reservations the result was that law
relating to refugee could not make progress beyond the so-called rudimentary stage.23
At the end of the Second World War, the United Nations has been established which,
since its way inception, has focused its attention on the problems of refugees. displaced
persons, stateless persons and returnees. A number of measures were adopted to protect the
human rights of these persons and to provide durable solutions for their problems24. The
General Assembly of the United Nations has established UN Relief and Works Agency for
Palestine Refugee In the Near East (UNRWA) in 1949 with a mandate to provide relief.
education. training. health and other service to Arab refugees from Palestine. Again in the
same year, the General Assembly established the Office of the United Nations High
Commissioner for Refugees (UNHCR) with the mandate to provide protection to the
refugees falling under the competence of the Office.25

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On 28 July 1951 the Convention Relating to the Status of Refugees. was adopted by
the United Nations Conference of Plenipotentiaries held in Geneva. On 31 January 1967 a
Protocol Relating to the Status of Refugees was adopted by the General Assembly, which
came into force on 4 October 1967. The Convention regulates the legal status of refugees and
laid emphasis on the recognition of a uniform legal status for the existing group of "United
Nations protected persons". The Contracting States, under Article 35 of the Convention has
undertaken to co-operate with the Office of the United Nations High Commissioner for
Refugees, or any other agency of the United Nations which may succeed it. in the exercise of
its functions and shall in particular facilitate its duty of supervising the application of the
provisions of this Convention. Thus a link has been established between the UN High
Commissioner for Refugees and the Convention Relating the Status of Refugees.
• Rights. Responsibilities and Protection of Refugees :
sGeneral Provisions.—Every refugee is under a duty to conform to the laws and
regulations of the country is which he finds himself. Further. he should also conform to the
measures adopted by the country of his refuge for the maintenance of public order.26 At the
same time, the Stat. Parties to the Convention Relating to the Status of Refugees are under at
obligation :
(i) to apply the provisions of this Convention, to refugees without discrimination as
to race, religion or country of origin:27
(ii) (ii) to accord to refugees within their territories treatment at least a: favourable as
that accorded to their nationals with respect tc freedom to practise their religion
and freedom as regards the religious education of their children:28
(iii) (iii) to accord to refugees the same treatment as is accorded to alien: generally:29
(iv) (iv) to grant exemptions to the refugees from such exceptions measures which
may be taken against the person, property of interests of nationals of a foreign
State solely on account of sucl-nationality:3°
(v) (v) to recognise the continuity of residence.31 Where a refugee has been forcibly
displaced during the Second World War and removed to the territory of a State

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Party to the present Convention, and is resident there, the period of such enforced
sojourn shall be considered to have been lawful residence within that territory.
Where a refugee has been forcibly displaced during the Second World War from
the territory of a State Party to the present Convention and has, prior to the date of
entry into force of this Convention, retured there for the purpose of taking up
residence, the period of residence before and after such enforced displacement
shall be regarded as one uninterrupted period for-any purpose for which
uninterrupted residence is required.

(vi) (vi) to give sympathetic consideration to the refugee seamen regularly serving as
crew members on board a ship flying the flag of a State Party to the present
Convention.

However, States Parties to the present Convention, arc not prohibited, in time of
war or other grave and exceptional circumstances, from taking provisional
measures against a person with respect to whom it is yet to be decided that
whether he is in fact a refugee. The provisional measures adopted in such cases
must be considered by the States Parties essential in the interests of national
security.
Rights, responsibilities and protection of refuses may be discussed under the following
headings :
A. Juridical Status of Refugee.—Juridical status of a refugee'concerns Primarily with
his legal or juristic position with respect to his personal status, the status of his
movable and immovable property, industrial )roperty, right of association and access
to courts.
Personal Status.—The personal status of .a refugee shall be govern, )y the law
of the country of his domicile or, if he has no domicile, by the aw of the country of his
residence. However, rights more particularly -fights attaching to marriage previously

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acquired by the refugee shall be -espected by the State Parties subject to compliance with
the formalities -equired by the law of that State.33
a. Status of Property.—With respect to movable and immovable roperty the States
Parties to the present Convention shall accord to a refugee treatment as favourable as
possible and, in any event, not less .avourable than that accorded to aliens generally
in the same circumstances, as regards the acquisition of movable and immovable
property and other rights pertaining thereto, and to leases and other :ontracts relating
to movable and immovable property.34 Thus, rights pf a refugee with respect to
movable and immovable property must be the same as have been accorded to aliens.
In the matter of property rights a refugee is at par with an alien. The treatment
accorded to a refugee should not be. in any event, less favourable than that accorded
to aliens. With respect to industrial property which includes inventions, designs or
models, trade marks, trader names, and rights in literary. artistic and scientific works
a refugee shall be accorded in the country in which he has his habitual residence the
same protection as is accorded to the nationals of that country. Further more, even in
the territory of other States Parties to the present Convention, he shall be accorded the
same protection as is accorded in that territory to nationals of the country in which he
has his habitual residence.35 In this way, a refugee, in the matter of industrial
property, has been accorded with the same treatment as are provided to the nationals
of the country in which he has his habitual residence.
b. Right of Association.—Association here means non-political and non-profit—
making associations and trade unions. In respect of such associations refugees shall
be accorded the most favourable treatment similar to that accorded to nationals of a
foreign country in the same circumstances.36
Access to Courts.—A refugee shall have free access to the courts of law on the
territory of all States Parties to the Convention. In the State In which he has his habitual
residence he shall enjoy the same treatment as a national in matters pertaining to access to the
courts, including legal assistance and exemption from cautio judicatum solvt. In the countries

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other than that in which he has his habitual residence. he shall enjoy the same treatment as
has been granted to a national of the country of his habitual residence.37
Institutional Responses.—'I'n ..•e ne General Assembly, in order to meet the problems of
refugees and displaced persons, has established following institutions of great significance :
1. United Nations Relief and Works Agency for Palestine Refugees in the Near East
(UNRWA).
2. Office of the United Nations High Commissioner for Refugees (UNHCR).
3. The Executive Committee of the Programme of the United Nations High Commissioner
for Refugees.
1. United Nations Relief and Works Agency For Palestine Refugees in the Near East
(UNRWA) : This Agency was established by the General Assembly in 1949 to look after the
interest of Palestine Refugees in the Near East. It is working since May 1950. It assists Arab
Refugees from Palestine by providing them relief, education, training, health and other
services. Its activities are financed through voluntary contributions. However, its mandate
has been extended from time to time by the General Assembly. In 1967 and 1982, for
instance, its mandate was extended to provide humanitarian assistance "on emergency basis
and as a temporary measure, to other displaced persons in serious need of immediate
assistance as a result of the 1967 and subsequent hostilities. "6 7
The United Nations Relief and Work Agency (UNRWA) is composed of a Commissioner-
General as its head and a 10-member Advisory Committee to assist the Commissioner-
General in the performance of his duties. Besides providing protection and assistance to the
Arab Refugees from Palestine he also submits reports annually to the General Assembly on
the works performed by the Agency. He also submits reports to the Secretary-General on
those matters which need attention of the United Nations or its appropriate organs. Although
this Agency has rendered valual service to the Arab Refugees from Palestine. it has been
experiencing financial constraints.
2. Office of the United Nations High Commissioner for Refugees (UNHCR).—UNHCR
has been established on 3 December. 1949. by the General Assembly. It provides protection

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and assistance to refugees. displaced persons, stateless persons and internees. It advances the
objectives of Article 14 of the Universal Declarations of Human Rights which runs as
follows :
"1. Everyone has the right to seek and to enjoy in other countries asylum from persecution.
"2. This right may not be invoked in the case of prosecutions genuinely arising from non-
political crimes or from acts contrary to the purposes and principles of the United Nations."
UNCHR has become very important institutions of the United Nations which provides
assistance and protection to the refugees falling under its competence. Its importance may be
highlighted from the fact that it has earned the Nobel Peace Prize twice, first, in 1954 and
again in 1981. Moreover, it has also replaced the International Refugee Organisation (IRO).
which was established by the General Assembly on 15 December 1946 with the mandate to
provide assistance and protection to the refugees so rendered by the repressive actions of the
nazi, facist and falangist regimes.
Organisation of the UNHCR.—Thc High Commissioner is elected by the General
Assembly on the nomination of the Secretary-General. The terms of appointment of the High
Commission are proposed by the Secretary-General and approved by the General Assembly.
The High Commissioner appoints, for the same term, a Deputy High Commissioner of a
nationality other than his own. The High Commissioner also appoints staff of the Office of
the High Commissioner who are responsible to him in the exercise of their functions. Such
staff are chosen from persons devoted to the purposes of the Office of High Commissioner.
The High Commissioner also, after consultation with the Governments of the countries of
where there are significant refugees problem appoints representative. Such representatives
must be approved by the Governments of those countries in which they are appointed and
subject to this condition the same representative may serve in more than one country.
The Office of the High Commissioner is located in Geneva, Switzerland. It is financed under
the budget of the United Nations. However. the General Assembly may provide that
administrative expenditure relating to the functioning of the Office of the High
Commissioner shall be borne on the budget of the United Nations and all other expenditure

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relating to the activities of the High Commissioner shall be financed by voluntary

contribution.
Functions of the High Commissioners.—The High Commissioner performs following
functions
(1) The High Commissioner provides for the protection of refugees falling under the
competence of his office by.69
(a) Promoting the conclusion and ratification of international convention for the protection of
refugees. supervising their application and proposing amendments thereto;
(b) Promoting through special agreements with Governments the execution of any measures
calculated to improve the situation of refugees and to reduce the number requiring protection:
(c) Assisting Governmental and private efforts to promote voluntary repatriation or
assimilation within new national communities:
(d) Promoting the admission of refugees. not excluding those in the most destitute categories,
to the territories of States:
(c) Endeavouring to obtain permission for refugees to transfer their assets and especially
those necessary for their settlement.
(f) Obtaining from Governments information concerning the number and conditions of
refugees in their territories and the laws and regulations concerning them:
(g) Keeping in close touch with the Governments and Inter-Governmental organizations
concerned: (h) Establishing contact in such manner as he may think best with private
organizations dealing with refugee questions:
(i) Facilitating the co-ordinatioin of the efforts of private organisations concerned with the
welfare of refugees.
(2) The High Commissioner performs such additional activities. including repatriation and
resettlement, as the General Assembly determines, within the limits of the resources placed at
his disposa1.70

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(3) The High Commissioner administers any funds, public or private. which he receives for
assistance to refugees and distributes them among the private and, as appropriate. public
agencies, which he deems best qualified to administers such assistance.71
(4) The High Commissioner reports annually to the General Assembly through the Economic
and Social Council. Such reports are considered as separate item on the agenda of the
General Assembly. The High Commissioner is entitled to present his views before the
General Assembly, the Economic and Social Council and their subsidiary bodies.72
(5) The High Commissioner invites the co-operation of the various specialised agencies."

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,

AND FOR THESE ENDS

 to practice tolerance and live together in peace with one another as good neighbours,
and
 to unite our strength to maintain international peace and security, and
 to ensure, by the acceptance of principles and the institution of methods, that armed
force shall not be used, save in the common interest, and
 to employ international machinery for the promotion of the economic and social
advancement of all peoples,

HAVE RESOLVED TO COMBINE OUR EFFORTS TO ACCOMPLISH THESE

AIMS

Accordingly, our respective Governments, through representatives assembled in the city of

San Francisco, who have exhibited their full powers found to be in good and due form, have
agreed to the present Charter of the United Nations and do hereby establish an international
organization to be known as the United Nations.
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CHAPTER I: PURPOSES AND PRINCIPLES

Article 1
The Purposes of the United Nations are:

1. To maintain international peace and security, and to that end: to take effective
collective measures for the prevention and removal of threats to the peace, and for the
suppression of acts of aggression or other breaches of the peace, and to bring about by
peaceful means, and in conformity with the principles of justice and international law,
adjustment or settlement of international disputes or situations which might lead to a
breach of the peace;
2. To develop friendly relations among nations based on respect for the principle of
equal rights and self-determination of peoples, and to take other appropriate measures to
strengthen universal peace;
3. To achieve international co-operation in solving international problems of an
economic, social, cultural, or humanitarian character, and in promoting and encouraging
respect for human rights and for fundamental freedoms for all without distinction as to
race, sex, language, or religion; and
4. To be a centre for harmonizing the actions of nations in the attainment of these
common ends.

Article 2
The Organization and its Members, in pursuit of the Purposes stated in Article 1, shall act in
accordance with the following Principles.

1. The Organization is based on the principle of the sovereign equality of all its
Members.
2. All Members, in order to ensure to all of them the rights and benefits resulting from
membership, shall fulfill in good faith the obligations assumed by them in accordance
with the present Charter.
3. All Members shall settle their international disputes by peaceful means in such a
manner that international peace and security, and justice, are not endangered.
4. All Members shall refrain in their international relations from the threat or use of
force against the territorial integrity or political independence of any state, or in any other
manner inconsistent with the Purposes of the United Nations.
5. All Members shall give the United Nations every assistance in any action it takes in
accordance with the present Charter, and shall refrain from giving assistance to any state
against which the United Nations is taking preventive or enforcement action.
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6. The Organization shall ensure that states which are not Members of the United
Nations act in accordance with these Principles so far as may be necessary for the
maintenance of international peace and security.
7. Nothing contained in the present Charter shall authorize the United Nations to
intervene in matters which are essentially within the domestic jurisdiction of any state or
shall require the Members to submit such matters to settlement under the present Charter;
but this principle shall not prejudice the application of enforcement measures under
Chapter Vll.

CHAPTER II: MEMBERSHIP

Article 3
The original Members of the United Nations shall be the states which, having participated in
the United Nations Conference on International Organization at San Francisco, or having
previously signed the Declaration by United Nations of 1 January 1942, sign the present
Charter and ratify it in accordance with Article 110.

Article 4
1. Membership in the United Nations is open to all other peace-loving states which
accept the obligations contained in the present Charter and, in the judgment of the
Organization, are able and willing to carry out these obligations.
2. The admission of any such state to membership in the United Nations will be effected
by a decision of the General Assembly upon the recommendation of the Security
Council.

Article 5
A Member of the United Nations against which preventive or enforcement action has been
taken by the Security Council may be suspended from the exercise of the rights and
privileges of membership by the General Assembly upon the recommendation of the Security
Council. The exercise of these rights and privileges may be restored by the Security Council.

Article 6
A Member of the United Nations which has persistently violated the Principles contained in
the present Charter may be expelled from the Organization by the General Assembly upon
the recommendation of the Security Council.

CHAPTER III: ORGANS

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Article 7
1. There are established as principal organs of the United Nations: a General Assembly,
a Security Council, an Economic and Social Council, a Trusteeship Council, an
International Court of Justice and a Secretariat.
2. Such subsidiary organs as may be found necessary may be established in accordance
with the present Charter.

Article 8
The United Nations shall place no restrictions on the eligibility of men and women to
participate in any capacity and under conditions of equality in its principal and subsidiary
organs.

CHAPTER IV: THE GENERAL ASSEMBLY

COMPOSITION
Article 9
1. The General Assembly shall consist of all the Members of the United Nations.
2. Each Member shall have not more than five representatives in the General Assembly.

FUNCTIONS and POWERS

Article 10
The General Assembly may discuss any questions or any matters within the scope of the
present Charter or relating to the powers and functions of any organs provided for in the
present Charter, and, except as provided in Article 12, may make recommendations to the
Members of the United Nations or to the Security Council or to both on any such questions
or matters.

Article 11
1. The General Assembly may consider the general principles of co-operation in the
maintenance of international peace and security, including the principles governing
disarmament and the regulation of armaments, and may make recommendations with
regard to such principles to the Members or to the Security Council or to both.
2. The General Assembly may discuss any questions relating to the maintenance of
international peace and security brought before it by any Member of the United Nations,
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or by the Security Council, or by a state which is not a Member of the United Nations in
accordance with Article 35, paragraph 2, and, except as provided in Article 12, may
make recommendations with regard to any such questions to the state or states concerned
or to the Security Council or to both. Any such question on which action is necessary
shall be referred to the Security Council by the General Assembly either before or after
discussion.
3. The General Assembly may call the attention of the Security Council to situations
which are likely to endanger international peace and security.
4. The powers of the General Assembly set forth in this Article shall not limit the
general scope of Article 10.

Article 12
1. While the Security Council is exercising in respect of any dispute or situation the
functions assigned to it in the present Charter, the General Assembly shall not make any
recommendation with regard to that dispute or situation unless the Security Council so
requests.
2. The Secretary-General, with the consent of the Security Council, shall notify the
General Assembly at each session of any matters relative to the maintenance of
international peace and security which are being dealt with by the Security Council and
shall similarly notify the General Assembly, or the Members of the United Nations if the
General Assembly is not in session, immediately the Security Council ceases to deal with
such matters.

Article 13
1. The General Assembly shall initiate studies and make recommendations for the
purpose of:

a. promoting international co-operation in the political field and encouraging the

progressive development of international law and its codification;
b. promoting international co-operation in the economic, social, cultural,
educational, and health fields, and assisting in the realization of human rights and
fundamental freedoms for all without distinction as to race, sex, language, or
religion.
c. The further responsibilities, functions and powers of the General Assembly
with respect to matters mentioned in paragraph 1 (b) above are set forth in Chapters
IX and X.

Article 14

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Subject to the provisions of Article 12, the General Assembly may recommend measures for
the peaceful adjustment of any situation, regardless of origin, which it deems likely to impair
the general welfare or friendly relations among nations, including situations resulting from a
violation of the provisions of the present Charter setting forth the Purposes and Principles of
the United Nations.

Article 15
1. The General Assembly shall receive and consider annual and special reports from the
Security Council; these reports shall include an account of the measures that the Security
Council has decided upon or taken to maintain international peace and security.
2. The General Assembly shall receive and consider reports from the other organs of the
United Nations.

Article 16
The General Assembly shall perform such functions with respect to the international
trusteeship system as are assigned to it under Chapters XII and XIII, including the approval
of the trusteeship agreements for areas not designated as strategic.

Article 17
1. The General Assembly shall consider and approve the budget of the Organization.
2. The expenses of the Organization shall be borne by the Members as apportioned by
the General Assembly.
3. The General Assembly shall consider and approve any financial and budgetary
arrangements with specialized agencies referred to in Article 57 and shall examine the
administrative budgets of such specialized agencies with a view to making
recommendations to the agencies concerned.

VOTING
Article 18
1. Each member of the General Assembly shall have one vote.
2. Decisions of the General Assembly on important questions shall be made by a two-
thirds majority of the members present and voting. These questions shall include:
recommendations with respect to the maintenance of international peace and security, the
election of the non-permanent members of the Security Council, the election of the
members of the Economic and Social Council, the election of members of the
Trusteeship Council in accordance with paragraph 1 (c) of Article 86, the admission of
new Members to the United Nations, the suspension of the rights and privileges of
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membership, the expulsion of Members, questions relating to the operation of the

trusteeship system, and budgetary questions.
3. Decisions on other questions, including the determination of additional categories of
questions to be decided by a two-thirds majority, shall be made by a majority of the
members present and voting.

Article 19
A Member of the United Nations which is in arrears in the payment of its financial
contributions to the Organization shall have no vote in the General Assembly if the amount
of its arrears equals or exceeds the amount of the contributions due from it for the preceding
two full years. The General Assembly may, nevertheless, permit such a Member to vote if it
is satisfied that the failure to pay is due to conditions beyond the control of the Member.

PROCEDURE
Article 20
The General Assembly shall meet in regular annual sessions and in such special sessions as
occasion may require. Special sessions shall be convoked by the Secretary-General at the
request of the Security Council or of a majority of the Members of the United Nations.

Article 21
The General Assembly shall adopt its own rules of procedure. It shall elect its President for
each session.

Article 22
The General Assembly may establish such subsidiary organs as it deems necessary for the
performance of its functions.

CHAPTER V: THE SECURITY COUNCIL

COMPOSITION
Article 23
1. The Security Council shall consist of fifteen Members of the United Nations. The
Republic of China, France, the Union of Soviet Socialist Republics, the United Kingdom
of Great Britain and Northern Ireland, and the United States of America shall be

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permanent members of the Security Council. The General Assembly shall elect ten other
Members of the United Nations to be non-permanent members of the Security Council,
due regard being specially paid, in the first instance to the contribution of Members of
the United Nations to the maintenance of international peace and security and to the other
purposes of the Organization, and also to equitable geographical distribution.
2. The non-permanent members of the Security Council shall be elected for a term of
two years. In the first election of the non-permanent members after the increase of the
membership of the Security Council from eleven to fifteen, two of the four additional
members shall be chosen for a term of one year. A retiring member shall not be eligible
for immediate re-election.
3. Each member of the Security Council shall have one representative.

FUNCTIONS and POWERS

Article 24
1. In order to ensure prompt and effective action by the United Nations, its Members
confer on the Security Council primary responsibility for the maintenance of
international peace and security, and agree that in carrying out its duties under this
responsibility the Security Council acts on their behalf.
2. In discharging these duties the Security Council shall act in accordance with the
Purposes and Principles of the United Nations. The specific powers granted to the
Security Council for the discharge of these duties are laid down in Chapters VI, VII,
VIII, and XII.
3. The Security Council shall submit annual and, when necessary, special reports to the
General Assembly for its consideration.

Article 25
The Members of the United Nations agree to accept and carry out the decisions of the
Security Council in accordance with the present Charter.

Article 26
In order to promote the establishment and maintenance of international peace and security
with the least diversion for armaments of the world's human and economic resources, the
Security Council shall be responsible for formulating, with the assistance of the Military
Staff Committee referred to in Article 47, plans to be submitted to the Members of the United
Nations for the establishment of a system for the regulation of armaments.

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VOTING
Article 27
1. Each member of the Security Council shall have one vote.
2. Decisions of the Security Council on procedural matters shall be made by an
affirmative vote of nine members.
3. Decisions of the Security Council on all other matters shall be made by an affirmative
vote of nine members including the concurring votes of the permanent members;
provided that, in decisions under Chapter VI, and under paragraph 3 of Article 52, a
party to a dispute shall abstain from voting.

PROCEDURE
Article 28
1. The Security Council shall be so organized as to be able to function continuously.
Each member of the Security Council shall for this purpose be represented at all times at
the seat of the Organization.
2. The Security Council shall hold periodic meetings at which each of its members may,
if it so desires, be represented by a member of the government or by some other specially
designated representative.
3. The Security Council may hold meetings at such places other than the seat of the
Organization as in its judgment will best facilitate its work.

Article 29
The Security Council may establish such subsidiary organs as it deems necessary for the
performance of its functions.

Article 30
The Security Council shall adopt its own rules of procedure, including the method of
selecting its President.

Article 31
Any Member of the United Nations which is not a member of the Security Council may
participate, without vote, in the discussion of any question brought before the Security
Council whenever the latter considers that the interests of that Member are specially affected.

Article 32

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Any Member of the United Nations which is not a member of the Security Council or any
state which is not a Member of the United Nations, if it is a party to a dispute under
consideration by the Security Council, shall be invited to participate, without vote, in the
discussion relating to the dispute. The Security Council shall lay down such conditions as it
deems just for the participation of a state which is not a Member of the United Nations.

CHAPTER VI: PACIFIC SETTLEMENT OF DISPUTES

Article 33
1. The parties to any dispute, the continuance of which is likely to endanger the
maintenance of international peace and security, shall, first of all, seek a solution by
negotiation, enquiry, mediation, conciliation, arbitration, judicial settlement, resort to
regional agencies or arrangements, or other peaceful means of their own choice.
2. The Security Council shall, when it deems necessary, call upon the parties to settle
their dispute by such means.

Article 34
The Security Council may investigate any dispute, or any situation which might lead to
international friction or give rise to a dispute, in order to determine whether the continuance
of the dispute or situation is likely to endanger the maintenance of international peace and
security.

Article 35
1. Any Member of the United Nations may bring any dispute, or any situation of the
nature referred to in Article 34, to the attention of the Security Council or of the General
Assembly.
2. A state which is not a Member of the United Nations may bring to the attention of the
Security Council or of the General Assembly any dispute to which it is a party if it
accepts in advance, for the purposes of the dispute, the obligations of pacific settlement
provided in the present Charter.
3. The proceedings of the General Assembly in respect of matters brought to its
attention under this Article will be subject to the provisions of Articles 11 and 12.

Article 36
1. The Security Council may, at any stage of a dispute of the nature referred to in Article
33 or of a situation of like nature, recommend appropriate procedures or methods of
adjustment.

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2. The Security Council should take into consideration any procedures for the settlement
of the dispute which have already been adopted by the parties.
3. In making recommendations under this Article the Security Council should also take
into consideration that legal disputes should as a general rule be referred by the parties to
the International Court of Justice in accordance with the provisions of the Statute of the
Court.

Article 37
1. Should the parties to a dispute of the nature referred to in Article 33 fail to settle it by
the means indicated in that Article, they shall refer it to the Security Council.
2. If the Security Council deems that the continuance of the dispute is in fact likely to
endanger the maintenance of international peace and security, it shall decide whether to
take action under Article 36 or to recommend such terms of settlement as it may consider
appropriate.

Article 38
Without prejudice to the provisions of Articles 33 to 37, the Security Council may, if all the
parties to any dispute so request, make recommendations to the parties with a view to a
pacific settlement of the dispute.

CHAPTER VII: ACTION WITH RESPECT TO THREATS TO THE PEACE,

BREACHES OF THE PEACE, AND ACTS OF AGGRESSION

Article 39
The Security Council shall determine the existence of any threat to the peace, breach of the
peace, or act of aggression and shall make recommendations, or decide what measures shall
be taken in accordance with Articles 41 and 42, to maintain or restore international peace and
security.

Article 40
In order to prevent an aggravation of the situation, the Security Council may, before making
the recommendations or deciding upon the measures provided for in Article 39, call upon the
parties concerned to comply with such provisional measures as it deems necessary or
desirable. Such provisional measures shall be without prejudice to the rights, claims, or
position of the parties concerned. The Security Council shall duly take account of failure to
comply with such provisional measures.

Article 41
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The Security Council may decide what measures not involving the use of armed force are to
be employed to give effect to its decisions, and it may call upon the Members of the United
Nations to apply such measures. These may include complete or partial interruption of
economic relations and of rail, sea, air, postal, telegraphic, radio, and other means of
communication, and the severance of diplomatic relations.

Article 42
Should the Security Council consider that measures provided for in Article 41 would be
inadequate or have proved to be inadequate, it may take such action by air, sea, or land forces
as may be necessary to maintain or restore international peace and security. Such action may
include demonstrations, blockade, and other operations by air, sea, or land forces of
Members of the United Nations.

Article 43
1. All Members of the United Nations, in order to contribute to the maintenance of
international peace and security, undertake to make available to the Security Council, on
its call and in accordance with a special agreement or agreements, armed forces,
assistance, and facilities, including rights of passage, necessary for the purpose of
maintaining international peace and security.
2. Such agreement or agreements shall govern the numbers and types of forces, their
degree of readiness and general location, and the nature of the facilities and assistance to
be provided.
3. The agreement or agreements shall be negotiated as soon as possible on the initiative
of the Security Council. They shall be concluded between the Security Council and
Members or between the Security Council and groups of Members and shall be subject to
ratification by the signatory states in accordance with their respective constitutional
processes.

Article 44
When the Security Council has decided to use force it shall, before calling upon a Member
not represented on it to provide armed forces in fulfilment of the obligations assumed under
Article 43, invite that Member, if the Member so desires, to participate in the decisions of the
Security Council concerning the employment of contingents of that Member's armed forces.

Article 45
In order to enable the United Nations to take urgent military measures, Members shall hold
immediately available national air-force contingents for combined international enforcement
action. The strength and degree of readiness of these contingents and plans for their
combined action shall be determined within the limits laid down in the special agreement or
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agreements referred to in Article 43, by the Security Council with the assistance of the
Military Staff Committee.

Article 46
Plans for the application of armed force shall be made by the Security Council with the
assistance of the Military Staff Committee.

Article 47
1. There shall be established a Military Staff Committee to advise and assist the Security
Council on all questions relating to the Security Council's military requirements for the
maintenance of international peace and security, the employment and command of forces
placed at its disposal, the regulation of armaments, and possible disarmament.
2. The Military Staff Committee shall consist of the Chiefs of Staff of the permanent
members of the Security Council or their representatives. Any Member of the United
Nations not permanently represented on the Committee shall be invited by the
Committee to be associated with it when the efficient discharge of the Committee's
responsibilities requires the participation of that Member in its work.
3. The Military Staff Committee shall be responsible under the Security Council for the
strategic direction of any armed forces placed at the disposal of the Security Council.
Questions relating to the command of such forces shall be worked out subsequently.
4. The Military Staff Committee, with the authorization of the Security Council and
after consultation with appropriate regional agencies, may establish regional sub-
committees.

Article 48
1. The action required to carry out the decisions of the Security Council for the
maintenance of international peace and security shall be taken by all the Members of the
United Nations or by some of them, as the Security Council may determine.
2. Such decisions shall be carried out by the Members of the United Nations directly and
through their action in the appropriate international agencies of which they are members.

Article 49
The Members of the United Nations shall join in affording mutual assistance in carrying out
the measures decided upon by the Security Council.

Article 50
If preventive or enforcement measures against any state are taken by the Security Council,
any other state, whether a Member of the United Nations or not, which finds itself confronted

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with special economic problems arising from the carrying out of those measures shall have
the right to consult the Security Council with regard to a solution of those problems.

Article 51
Nothing in the present Charter shall impair the inherent right of individual or collective self-
defence if an armed attack occurs against a Member of the United Nations, until the Security
Council has taken measures necessary to maintain international peace and security. Measures
taken by Members in the exercise of this right of self-defence shall be immediately reported
to the Security Council and shall not in any way affect the authority and responsibility of the
Security Council under the present Charter to take at any time such action as it deems
necessary in order to maintain or restore international peace and security.

CHAPTER VIII: REGIONAL ARRANGEMENTS

Article 52
1. Nothing in the present Charter precludes the existence of regional arrangements or
agencies for dealing with such matters relating to the maintenance of international peace
and security as are appropriate for regional action provided that such arrangements or
agencies and their activities are consistent with the Purposes and Principles of the United
Nations.
2. The Members of the United Nations entering into such arrangements or constituting
such agencies shall make every effort to achieve pacific settlement of local disputes
through such regional arrangements or by such regional agencies before referring them to
the Security Council.
3. The Security Council shall encourage the development of pacific settlement of local
disputes through such regional arrangements or by such regional agencies either on the
initiative of the states concerned or by reference from the Security Council.
4. This Article in no way impairs the application of Articles 34 and 35.

Article 53
1. The Security Council shall, where appropriate, utilize such regional arrangements or
agencies for enforcement action under its authority. But no enforcement action shall be
taken under regional arrangements or by regional agencies without the authorization of
the Security Council, with the exception of measures against any enemy state, as defined
in paragraph 2 of this Article, provided for pursuant to Article 107 or in regional
arrangements directed against renewal of aggressive policy on the part of any such state,

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until such time as the Organization may, on request of the Governments concerned, be
charged with the responsibility for preventing further aggression by such a state.
2. The term enemy state as used in paragraph 1 of this Article applies to any state which
during the Second World War has been an enemy of any signatory of the present Charter.

Article 54
The Security Council shall at all times be kept fully informed of activities undertaken or in
contemplation under regional arrangements or by regional agencies for the maintenance of
international peace and security.

CHAPTER IX: INTERNATIONAL ECONOMIC AND SOCIAL CO-OPERATION

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:

a. higher standards of living, full employment, and conditions of economic and social
progress and development;

b. solutions of international economic, social, health, and related problems; and

international cultural and educational cooperation; and

c. 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.

Article 57
1. The various specialized agencies, established by intergovernmental agreement and
having wide international responsibilities, as defined in their basic instruments, in
economic, social, cultural, educational, health, and related fields, shall be brought into
relationship with the United Nations in accordance with the provisions of Article 63.
2. Such agencies thus brought into relationship with the United Nations are hereinafter
referred to as specialized agencies.

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Article 58
The Organization shall make recommendations for the co-ordination of the policies and
activities of the specialized agencies.

Article 59
The Organization shall, where appropriate, initiate negotiations among the states concerned
for the creation of any new specialized agencies required for the accomplishment of the
purposes set forth in Article 55.

Article 60
Responsibility for the discharge of the functions of the Organization set forth in this Chapter
shall be vested in the General Assembly and, under the authority of the General Assembly, in
the Economic and Social Council, which shall have for this purpose the powers set forth in
Chapter X.

CHAPTER X: THE ECONOMIC AND SOCIAL COUNCIL

COMPOSITION
Article 61
1. The Economic and Social Council shall consist of fifty-four Members of the United
Nations elected by the General Assembly.
2. Subject to the provisions of paragraph 3, eighteen members of the Economic and
Social Council shall be elected each year for a term of three years. A retiring member
shall be eligible for immediate re-election.
3. At the first election after the increase in the membership of the Economic and Social
Council from twenty-seven to fifty-four members, in addition to the members elected in
place of the nine members whose term of office expires at the end of that year, twenty-
seven additional members shall be elected. Of these twenty-seven additional members,
the term of office of nine members so elected shall expire at the end of one year, and of
nine other members at the end of two years, in accordance with arrangements made by
the General Assembly.
4. Each member of the Economic and Social Council shall have one representative.

FUNCTIONS and POWERS

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Article 62
1. The Economic and Social Council may make or initiate studies and reports with
respect to international economic, social, cultural, educational, health, and related matters
and may make recommendations with respect to any such matters to the General
Assembly to the Members of the United Nations, and to the specialized agencies
concerned.
2. It may make recommendations for the purpose of promoting respect for, and
observance of, human rights and fundamental freedoms for all.
3. It may prepare draft conventions for submission to the General Assembly, with
respect to matters falling within its competence.
4. It may call, in accordance with the rules prescribed by the United Nations,
international conferences on matters falling within its competence.

Article 63
1. The Economic and Social Council may enter into agreements with any of the
agencies referred to in Article 57, defining the terms on which the agency concerned
shall be brought into relationship with the United Nations. Such agreements shall be
subject to approval by the General Assembly.
2. It may co-ordinate the activities of the specialized agencies through consultation with
and recommendations to such agencies and through recommendations to the General
Assembly and to the Members of the United Nations.

Article 64
1. The Economic and Social Council may take appropriate steps to obtain regular
reports from the specialized agencies. It may make arrangements with the Members of
the United Nations and with the specialized agencies to obtain reports on the steps taken
to give effect to its own recommendations and to recommendations on matters falling
within its competence made by the General Assembly.
2. It may communicate its observations on these reports to the General Assembly.

Article 65
The Economic and Social Council may furnish information to the Security Council and shall
assist the Security Council upon its request.

Article 66
1. The Economic and Social Council shall perform such functions as fall within its
competence in connection with the carrying out of the recommendations of the General
Assembly.

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2. It may, with the approval of the General Assembly, perform services at the request of
Members of the United Nations and at the request of specialized agencies.
3. It shall perform such other functions as are specified elsewhere in the present Charter
or as may be assigned to it by the General Assembly.

VOTING
Article 67
1. Each member of the Economic and Social Council shall have one vote.
2. Decisions of the Economic and Social Council shall be made by a majority of the
members present and voting.

PROCEDURE
Article 68
The Economic and Social Council shall set up commissions in economic and social fields
and for the promotion of human rights, and such other commissions as may be required for
the performance of its functions.

Article 69
The Economic and Social Council shall invite any Member of the United Nations to
participate, without vote, in its deliberations on any matter of particular concern to that
Member.

Article 70
The Economic and Social Council may make arrangements for representatives of the
specialized agencies to participate, without vote, in its deliberations and in those of the
commissions established by it, and for its representatives to participate in the deliberations of
the specialized agencies.

Article 71
The Economic and Social Council may make suitable arrangements for consultation with
non-governmental organizations which are concerned with matters within its competence.
Such arrangements may be made with international organizations and, where appropriate,
with national organizations after consultation with the Member of the United Nations
concerned.

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Article 72
1. The Economic and Social Council shall adopt its own rules of procedure, including
the method of selecting its President.
2. The Economic and Social Council shall meet as required in accordance with its rules,
which shall include provision for the convening of meetings on the request of a majority
of its members.

CHAPTER XI: DECLARATION REGARDING NON-SELF-GOVERNING

TERRITORIES

Article 73
Members of the United Nations which have or assume responsibilities for the administration
of territories whose peoples have not yet attained a full measure of self-government
recognize the principle that the interests of the inhabitants of these territories are paramount,
and accept as a sacred trust the obligation to promote to the utmost, within the system of
international peace and security established by the present Charter, the well-being of the
inhabitants of these territories, and, to this end:

a. to ensure, with due respect for the culture of the peoples concerned, their political,
economic, social, and educational advancement, their just treatment, and their protection
against abuses;

b. to develop self-government, to take due account of the political aspirations of the

peoples, and to assist them in the progressive development of their free political institutions,
according to the particular circumstances of each territory and its peoples and their varying
stages of advancement;

c. to further international peace and security;

d. to promote constructive measures of development, to encourage research, and to co-

operate with one another and, when and where appropriate, with specialized international
bodies with a view to the practical achievement of the social, economic, and scientific
purposes set forth in this Article; and

e. to transmit regularly to the Secretary-General for information purposes, subject to such

limitation as security and constitutional considerations may require, statistical and other
information of a technical nature relating to economic, social, and educational conditions in

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the territories for which they are respectively responsible other than those territories to which
Chapters XII and XIII apply.

Article 74
Members of the United Nations also agree that their policy in respect of the territories to
which this Chapter applies, no less than in respect of their metropolitan areas, must be based
on the general principle of good-neighbourliness, due account being taken of the interests and
well-being of the rest of the world, in social, economic, and commercial matters.

CHAPTER XII: INTERNATIONAL TRUSTEESHIP SYSTEM

Article 75
The United Nations shall establish under its authority an international trusteeship system for
the administration and supervision of such territories as may be placed thereunder by
subsequent individual agreements. These territories are hereinafter referred to as trust
territories.

Article 76
The basic objectives of the trusteeship system, in accordance with the Purposes of the United
Nations laid down in Article 1 of the present Charter, shall be:

a. to further international peace and security;

b. to promote the political, economic, social, and educational advancement of the

inhabitants of the trust territories, and their progressive development towards self-
government or independence as may be appropriate to the particular circumstances of each
territory and its peoples and the freely expressed wishes of the peoples concerned, and as
may be provided by the terms of each trusteeship agreement;

c. to encourage respect for human rights and for fundamental freedoms for all without
distinction as to race, sex, language, or religion, and to encourage recognition of the
interdependence of the peoples of the world; and

d. to ensure equal treatment in social, economic, and commercial matters for all Members
of the United Nations and their nationals, and also equal treatment for the latter in the
administration of justice, without prejudice to the attainment of the foregoing objectives and
subject to the provisions of Article 80.

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Article 77
1 The trusteeship system shall apply to such territories in the following categories as may
be placed thereunder by means of trusteeship agreements:

a. territories now held under mandate;

b. territories which may be detached from enemy states as a result of the Second World
War; and

c. territories voluntarily placed under the system by states responsible for their
administration.

2 It will be a matter for subsequent agreement as to which territories in the foregoing

categories will be brought under the trusteeship system and upon what terms.

Article 78
The trusteeship system shall not apply to territories which have become Members of the
United Nations, relationship among which shall be based on respect for the principle of
sovereign equality.

Article 79
The terms of trusteeship for each territory to be placed under the trusteeship system,
including any alteration or amendment, shall be agreed upon by the states directly concerned,
including the mandatory power in the case of territories held under mandate by a Member of
the United Nations, and shall be approved as provided for in Articles 83 and 85.

Article 80
1. Except as may be agreed upon in individual trusteeship agreements, made under
Articles 77, 79, and 81, placing each territory under the trusteeship system, and until
such agreements have been concluded, nothing in this Chapter shall be construed in or of
itself to alter in any manner the rights whatsoever of any states or any peoples or the
terms of existing international instruments to which Members of the United Nations may
respectively be parties.
2. Paragraph 1 of this Article shall not be interpreted as giving grounds for delay or
postponement of the negotiation and conclusion of agreements for placing mandated and
other territories under the trusteeship system as provided for in Article 77.

Article 81

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The trusteeship agreement shall in each case include the terms under which the trust territory
will be administered and designate the authority which will exercise the administration of the
trust territory. Such authority, hereinafter called the administering authority, may be one or
more states or the Organization itself.

Article 82
There may be designated, in any trusteeship agreement, a strategic area or areas which may
include part or all of the trust territory to which the agreement applies, without prejudice to
any special agreement or agreements made under Article 43.

Article 83
1. All functions of the United Nations relating to strategic areas, including the approval
of the terms of the trusteeship agreements and of their alteration or amendment shall be
exercised by the Security Council.
2. The basic objectives set forth in Article 76 shall be applicable to the people of each
strategic area.
3. The Security Council shall, subject to the provisions of the trusteeship agreements
and without prejudice to security considerations, avail itself of the assistance of the
Trusteeship Council to perform those functions of the United Nations under the
trusteeship system relating to political, economic, social, and educational matters in the
strategic areas.

Article 84
It shall be the duty of the administering authority to ensure that the trust territory shall play
its part in the maintenance of international peace and security. To this end the administering
authority may make use of volunteer forces, facilities, and assistance from the trust territory
in carrying out the obligations towards the Security Council undertaken in this regard by the
administering authority, as well as for local defence and the maintenance of law and order
within the trust territory.

Article 85
1. The functions of the United Nations with regard to trusteeship agreements for all
areas not designated as strategic, including the approval of the terms of the trusteeship
agreements and of their alteration or amendment, shall be exercised by the General
Assembly.
2. The Trusteeship Council, operating under the authority of the General Assembly shall
assist the General Assembly in carrying out these functions.

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CHAPTER XIII: THE TRUSTEESHIP COUNCIL

COMPOSITION
Article 86
1 The Trusteeship Council shall consist of the following Members of the United Nations:

a. those Members administering trust territories;

b. such of those Members mentioned by name in Article 23 as are not administering

trust territories; and

c. as many other Members elected for three-year terms by the General Assembly as
may be necessary to ensure that the total number of members of the Trusteeship Council is
equally divided between those Members of the United Nations which administer trust
territories and those which do not.

2 Each member of the Trusteeship Council shall designate one specially qualified person to
represent it therein.

FUNCTIONS and POWERS

Article 87
The General Assembly and, under its authority, the Trusteeship Council, in carrying out their
functions, may:

a. consider reports submitted by the administering authority;

b. accept petitions and examine them in consultation with the administering authority;

c. provide for periodic visits to the respective trust territories at times agreed upon with
the administering authority; and

d. take these and other actions in conformity with the terms of the trusteeship
agreements.

Article 88

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The Trusteeship Council shall formulate a questionnaire on the political, economic, social,
and educational advancement of the inhabitants of each trust territory, and the administering
authority for each trust territory within the competence of the General Assembly shall make
an annual report to the General Assembly upon the basis of such questionnaire.

VOTING
Article 89
1. Each member of the Trusteeship Council shall have one vote.
2. Decisions of the Trusteeship Council shall be made by a majority of the members
present and voting.

PROCEDURE
Article 90
1. The Trusteeship Council shall adopt its own rules of procedure, including the method
of selecting its President.
2. The Trusteeship Council shall meet as required in accordance with its rules, which
shall include provision for the convening of meetings on the request of a majority of its
members.

Article 91
The Trusteeship Council shall, when appropriate, avail itself of the assistance of the
Economic and Social Council and of the specialized agencies in regard to matters with which
they are respectively concerned.

CHAPTER XIV: THE INTERNATIONAL COURT OF JUSTICE

Article 92
The International Court of Justice shall be the principal judicial organ of the United Nations.
It shall function in accordance with the annexed Statute, which is based upon the Statute of
the Permanent Court of International Justice and forms an integral part of the present Charter.

Article 93

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1. All Members of the United Nations are ipso facto parties to the Statute of the
International Court of Justice.
2. A state which is not a Member of the United Nations may become a party to the
Statute of the International Court of Justice on conditions to be determined in each case
by the General Assembly upon the recommendation of the Security Council.

Article 94
1. Each Member of the United Nations undertakes to comply with the decision of the
International Court of Justice in any case to which it is a party.
2. If any party to a case fails to perform the obligations incumbent upon it under a
judgment rendered by the Court, the other party may have recourse to the Security
Council, which may, if it deems necessary, make recommendations or decide upon
measures to be taken to give effect to the judgment.

Article 95
Nothing in the present Charter shall prevent Members of the United Nations from entrusting
the solution of their differences to other tribunals by virtue of agreements already in
existence or which may be concluded in the future.

Article 96
a. The General Assembly or the Security Council may request the International Court
of Justice to give an advisory opinion on any legal question.
b. Other organs of the United Nations and specialized agencies, which may at any time
be so authorized by the General Assembly, may also request advisory opinions of the Court
on legal questions arising within the scope of their activities.

CHAPTER XV: THE SECRETARIAT

Article 97
The Secretariat shall comprise a Secretary-General and such staff as the Organization may
require. The Secretary-General shall be appointed by the General Assembly upon the
recommendation of the Security Council. He shall be the chief administrative officer of the
Organization.

Article 98
The Secretary-General shall act in that capacity in all meetings of the General Assembly, of
the Security Council, of the Economic and Social Council, and of the Trusteeship Council,

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and shall perform such other functions as are entrusted to him by these organs. The
Secretary-General shall make an annual report to the General Assembly on the work of the
Organization.

Article 99
The Secretary-General may bring to the attention of the Security Council any matter which in
his opinion may threaten the maintenance of international peace and security.

Article 100
1. In the performance of their duties the Secretary-General and the staff shall not seek or
receive instructions from any government or from any other authority external to the
Organization. They shall refrain from any action which might reflect on their position as
international officials responsible only to the Organization.
2. Each Member of the United Nations undertakes to respect the exclusively
international character of the responsibilities of the Secretary-General and the staff and
not to seek to influence them in the discharge of their responsibilities.

Article 101
1. The staff shall be appointed by the Secretary-General under regulations established
by the General Assembly.
2. Appropriate staffs shall be permanently assigned to the Economic and Social Council,
the Trusteeship Council, and, as required, to other organs of the United Nations. These
staffs shall form a part of the Secretariat.
3. The paramount consideration in the employment of the staff and in the determination
of the conditions of service shall be the necessity of securing the highest standards of
efficiency, competence, and integrity. Due regard shall be paid to the importance of
recruiting the staff on as wide a geographical basis as possible.

CHAPTER XVI: MISCELLANEOUS PROVISIONS

Article 102
1. Every treaty and every international agreement entered into by any Member of the
United Nations after the present Charter comes into force shall as soon as possible be
registered with the Secretariat and published by it.
2. No party to any such treaty or international agreement which has not been registered
in accordance with the provisions of paragraph 1 of this Article may invoke that treaty or
agreement before any organ of the United Nations.

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Article 103
In the event of a conflict between the obligations of the Members of the United Nations
under the present Charter and their obligations under any other international agreement, their
obligations under the present Charter shall prevail.

Article 104
The Organization shall enjoy in the territory of each of its Members such legal capacity as
may be necessary for the exercise of its functions and the fulfilment of its purposes.

Article 105
1. The Organization shall enjoy in the territory of each of its Members such privileges
and immunities as are necessary for the fulfilment of its purposes.
2. Representatives of the Members of the United Nations and officials of the
Organization shall similarly enjoy such privileges and immunities as are necessary for
the independent exercise of their functions in connexion with the Organization.
3. The General Assembly may make recommendations with a view to determining the
details of the application of paragraphs 1 and 2 of this Article or may propose
conventions to the Members of the United Nations for this purpose.

CHAPTER XVII: TRANSITIONAL SECURITY ARRANGEMENTS

Article 106
Pending the coming into force of such special agreements referred to in Article 43 as in the
opinion of the Security Council enable it to begin the exercise of its responsibilities under
Article 42, the parties to the Four-Nation Declaration, signed at Moscow, 30 October 1943,
and France, shall, in accordance with the provisions of paragraph 5 of that Declaration,
consult with one another and as occasion requires with other Members of the United Nations
with a view to such joint action on behalf of the Organization as may be necessary for the
purpose of maintaining international peace and security.

Article 107
Nothing in the present Charter shall invalidate or preclude action, in relation to any state
which during the Second World War has been an enemy of any signatory to the present
Charter, taken or authorized as a result of that war by the Governments having responsibility
for such action.

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CHAPTER XVIII: AMENDMENTS

Article 108
Amendments to the present Charter shall come into force for all Members of the United
Nations when they have been adopted by a vote of two thirds of the members of the General
Assembly and ratified in accordance with their respective constitutional processes by two
thirds of the Members of the United Nations, including all the permanent members of the
Security Council.

Article 109
1. A General Conference of the Members of the United Nations for the purpose of
reviewing the present Charter may be held at a date and place to be fixed by a two-thirds
vote of the members of the General Assembly and by a vote of any nine members of the
Security Council. Each Member of the United Nations shall have one vote in the
conference.
2. Any alteration of the present Charter recommended by a two-thirds vote of the
conference shall take effect when ratified in accordance with their respective
constitutional processes by two thirds of the Members of the United Nations including all
the permanent members of the Security Council.
3. If such a conference has not been held before the tenth annual session of the General
Assembly following the coming into force of the present Charter, the proposal to call
such a conference shall be placed on the agenda of that session of the General Assembly,
and the conference shall be held if so decided by a majority vote of the members of the
General Assembly and by a vote of any seven members of the Security Council.

CHAPTER XIX: RATIFICATION AND SIGNATURE

Article 110
1. The present Charter shall be ratified by the signatory states in accordance with their
respective constitutional processes.
2. The ratifications shall be deposited with the Government of the United States of
America, which shall notify all the signatory states of each deposit as well as the
Secretary-General of the Organization when he has been appointed.
3. The present Charter shall come into force upon the deposit of ratifications by the
Republic of China, France, the Union of Soviet Socialist Republics, the United Kingdom

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of Great Britain and Northern Ireland, and the United States of America, and by a
majority of the other signatory states. A protocol of the ratifications deposited shall
thereupon be drawn up by the Government of the United States of America which shall
communicate copies thereof to all the signatory states.
4. The states signatory to the present Charter which ratify it after it has come into force
will become original Members of the United Nations on the date of the deposit of their
respective ratifications.

Article 111
The present Charter, of which the Chinese, French, Russian, English, and Spanish texts are
equally authentic, shall remain deposited in the archives of the Government of the United
States of America. Duly certified copies thereof shall be transmitted by that Government to
the Governments of the other signatory states.

IN FAITH WHEREOF the representatives of the Governments of the United Nations have
signed the present Charter. DONE at the city of San Francisco the twenty-sixth day of June,
one thousand nine hundred and forty-five.

UDHR

A. The Universal Declaration of Human Rights

The Universal Declaration of Human Rights (UDHR) is a milestone document in the history
of human rights. Drafted by representatives with different legal and cultural backgrounds
from all regions of the world, the Declaration was proclaimed by the United Nations General
Assembly in Paris on 10 December 1948 (General Assembly resolution 217 A) as a common
standard of achievements for all peoples and all nations. It sets out, for the first time,
fundamental human rights to be universally protected and it has been translated into over 500
languages.

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B. 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.

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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.

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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.

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

Article 12.

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

Article 13.

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

Article 14.

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

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Article 15.

(1) Everyone has the right to a nationality.

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

Article 16.

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

Article 17.

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

Article 18.

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

Article 19.

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

Article 20.

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

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Article 21.

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

Article 22.

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

Article 23.

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

Article 24.

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

Article 25.

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

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Article 26.

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

Article 27.

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

Article 28.

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

Article 29.

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

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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

Nuremberg Principles
C. October 4, 2008

The Nuremberg Principles were a set of guidelines for determining what constitutes a war
crime. The document was created by necessity during the Nuremberg Trials of Nazi party
members following World War II.

Under UN General Assembly Resolution 177 (II), paragraph (a), the International Law
Commission was directed to "formulate the principles of international law recognized in the
Charter of the Nuremberg Tribunal and in the judgment of the Tribunal." In the course of the
consideration of this subject, the question arose as to whether or not the Commission should
ascertain to what extent the principles contained in the Charter and judgment constituted
principles of international law. The conclusion was that since the Nuremberg Principles had
been affirmed by the General Assembly, the task entrusted to the Commission was not to
express any appreciation of these principles as principles of international law but merely to
formulate them. The text below was adopted by the Commission at its second session. The
Report of the Commission also contains commentaries on the principles (see Yearbook of the
Intemational Law Commission, 1950, Vol. II, pp. 374-378).

The Principles
D. Principle I

Any person who commits an act which constitutes a crime under international law is
responsible therefore and liable to punishment.

E. Principle II

The fact that internal law does not impose a penalty for an act which constitutes a crime
under international law does not relieve the person who committed the act from
responsibility under international law.

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F. Principle III

The fact that a person who committed an act which constitutes a crime under international
law acted as Head of State or responsible government official does not relieve him from
responsibility under international law.

G. Principle IV

The fact that a person acted pursuant to order of his Government or of a superior does not
relieve him from responsibility under international law, provided a moral choice was in fact
possible to him.

H. Principle V

Any person charged with a crime under international law has the right to a fair trial on the
facts and law.

I. Principle VI

The crimes hereinafter set out are punishable as crimes under international law:

(a) Crimes against peace:

(i) Planning, preparation, initiation or waging of a war of aggression or a war in
violation of international treaties, agreements or assurances;
(ii) Participation in a common plan or conspiracy for the accomplishment of any of
the acts mentioned under (i).
(b) War Crimes:
Violations of the laws or customs of war which include, but are not limited to,
murder, ill-treatment or deportation of slave labor or for any other purpose of the
civilian population of or in occupied territory; murder or ill-treatment of prisoners of
war or persons on the Seas, killing of hostages, plunder of public or private property,
wanton destruction of cities, towns, or villages, or devastation not justified by
military necessity.
(c) Crimes against humanity:
Murder, extermination, enslavement, deportation and other inhumane acts done
against any civilian population, or persecutions on political, racial, or religious
grounds, when such acts are done or such persecutions are carried on in execution of
or in connection with any crime against peace or any war crime.
J. Principle VII

Complicity in the commission of a crime against peace, a war crime, or a crime against
humanity as set forth in Principle VI is a crime under international law.
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Geneva Conventions of 1949

Germany signed the Convention of 1929, however, that didn’t prevent them from
carrying out horrific acts on and off the battlefield and within their military prison
camps and civilian concentration camps during World War II . As a result, the Geneva
Conventions were expanded in 1949 to protect non-combatant civilians.

According to the American Red Cross , the new articles also added provisions to
protect:

 medical personnel, facilities and equipment

 wounded and sick civilians accompanying military forces
 military chaplains
 civilians who take up arms to fight invading forces
Article 9 of the Convention specified the Red Cross has the right to assist the
wounded and sick and provide humanitarian aid. Article 12 stipulated the wounded
and sick must not be murdered, tortured, exterminated or exposed to biological
experiments.

The Geneva Conventions of 1949 also laid out rules for protecting wounded, sick or
shipwrecked armed forces at sea or on hospital ships as well as medical workers and
civilians accompanying or treating military personnel. Some highlights of these rules
are:

 hospital ships cannot be used for any military purpose nor captured or attacked
 captured religious leaders must be returned immediately
 all sides must attempt to rescue any shipwrecked personnel, even those from
another side of the conflict
Male and female prisoners of war received expanded protections in the Convention of
1949 such as:

 they must not be tortured or mistreated

 they’re only required to give their name, rank, birth date and serial number
when captured
 they must receive suitable housing and adequate amounts of food
 they must not be discriminated against for any reason
 they have the right to correspond with family and receive care packages
 the Red Cross has the right to visit them and examine their living conditions
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Articles were also put in place to protect wounded, sick and pregnant civilians as well
as mothers and children. It also stated civilians may not be collectively deported or
made to work on behalf of an occupying force without pay. All civilians should
receive adequate medical care and be allowed to go about their daily lives as much as
possible.

Geneva Convention Protocols

In 1977, Protocols I and II were added to the Conventions of 1949. Protocol
I increased protections for civilians, military workers and journalists during
international armed conflicts. It also banned the use of “weapons that cause
superfluous injury or unnecessary suffering,” or cause “widespread, long-term and
severe damage to the natural environment.”

According to the Red Cross, Protocol II was established because most victims of
armed conflicts since the 1949 Convention were victims of vicious civil wars. The
Protocol stated all people not taking up arms be treated humanely and there should
never be an order by anyone in command for “no survivors.”

In addition, children should be well cared for and educated, and the following is
prohibited:

 taking hostages
 terrorism
 pillage
 slavery
 group punishment
 humiliating or degrading treatment
In 2005, a Protocol was created to recognize the symbol of the red crystal—in
addition to the red cross, the red crescent and the red shield of David—as universal
emblems of identification and protection in armed conflicts.

Over 190 states follow the Geneva Conventions because of the belief that some
battlefield behaviors are so heinous and damaging, they harm the entire international
community. The rules help draw a line—as much as is possible within the context of
wars and armed conflicts—between the humane treatment of armed forces, medical
staff and civilians and unrestrained brutality against them.

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Sources
Geneva Convention of 27 July 1929 relative to the treatment of prisoners of
war. International Committee of the Red Cross.
Geneva Conventions. Cornell Law School Legal Information Institute.
Henry Dunant Biographical. [Link].
History of the Geneva Conventions. [Link].
Summary of the Geneva Conventions of 1949 and Their Additional
Protocols. American Red Cross.
The Battle of Solferino. British Red Cross.
Treaties, States Parties, and Commentaries: Convention for the Amelioration of the
Condition of the Wounded and Sick in Armies in the Field. Geneva, 6 July
1906. International Committee of the Red Cross.
Treaties, States, Parties, and Commentaries: Protocol Additional to the Geneva
Conventions of 12 August 1949, and relating to the Protection of Victims of
International Armed Conflicts (Protocol I), 8 June 1977. International Committee of
the Red Cross.
Treaties, States Parties, and Commentaries: Protocol Additional to the Geneva
Conventions of 12 August 1949, and relating to the Protection of Victims of Non-
International Armed Conflicts (Protocol II), 8 June 1977. International Committee of
the Red Cross.

forth herein.

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International Covenant on Civil and Political Rights

K. Adopted and opened for signature, ratification and

accession by General Assembly resolution 2200A (XXI)
of 16 December 1966
entry into force 23 March 1976, in accordance with
Article 49
Preamble
The States Parties to the present Covenant,
Considering that, in accordance with the principles proclaimed in the
Charter of the United Nations, 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,
Recognizing that these rights derive from the inherent dignity of the
human person,
Recognizing that, in accordance with the Universal Declaration of Human
Rights, the ideal of free human beings enjoying civil and political
freedom and freedom from fear and want can only be achieved if
conditions are created whereby everyone may enjoy his civil and political
rights, as well as his economic, social and cultural rights,
Considering the obligation of States under the Charter of the United
Nations to promote universal respect for, and observance of, human rights
and freedoms,
Realizing that the individual, having duties to other individuals and to the
community to which he belongs, is under a responsibility to strive for the
promotion and observance of the rights recognized in the present
Covenant,
Agree upon the following articles:
PART I
Article 1
1. All peoples have the right of self-determination. By virtue of that right
they freely determine their political status and freely pursue their
economic, social and cultural development.
2. All peoples may, for their own ends, freely dispose of their natural
wealth and resources without prejudice to any obligations arising out of

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international economic co-operation, based upon the principle of mutual

benefit, and international law. In no case may a people be deprived of its
own means of subsistence.
3. The States Parties to the present Covenant, including those having
responsibility for the administration of Non-Self-Governing and Trust
Territories, shall promote the realization of the right of self-
determination, and shall respect that right, in conformity with the
provisions of the Charter of the United Nations.
PART II
Article 2
1. Each State Party to the present Covenant undertakes to respect and to
ensure to all individuals within its territory and subject to its jurisdiction
the rights recognized in the present Covenant, 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.
2. Where not already provided for by existing legislative or other
measures, each State Party to the present Covenant undertakes to take the
necessary steps, in accordance with its constitutional processes and with
the provisions of the present Covenant, to adopt such laws or other
measures as may be necessary to give effect to the rights recognized in
the present Covenant.
3. Each State Party to the present Covenant undertakes:
(a) To ensure that any person whose rights or freedoms as herein
recognized are violated shall have an effective remedy, notwithstanding
that the violation has been committed by persons acting in an official
capacity;
(b) To ensure that any person claiming such a remedy shall have his right
thereto determined by competent judicial, administrative or legislative
authorities, or by any other competent authority provided for by the legal
system of the State, and to develop the possibilities of judicial remedy;
(c) To ensure that the competent authorities shall enforce such remedies
when granted.
Article 3
The States Parties to the present Covenant undertake to ensure the equal
right of men and women to the enjoyment of all civil and political rights
set forth in the present Covenant.

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Article 4
1 . In time of public emergency which threatens the life of the nation and
the existence of which is officially proclaimed, the States Parties to the
present Covenant may take measures derogating from their obligations
under the present Covenant to the extent strictly required by the
exigencies of the situation, provided that such measures are not
inconsistent with their other obligations under international law and do
not involve discrimination solely on the ground of race, colour, sex,
language, religion or social origin.
2. No derogation from articles 6, 7, 8 (paragraphs I and 2), 11, 15, 16 and
18 may be made under this provision.
3. Any State Party to the present Covenant availing itself of the right of
derogation shall immediately inform the other States Parties to the present
Covenant, through the intermediary of the Secretary-General of the
United Nations, of the provisions from which it has derogated and of the
reasons by which it was actuated. A further communication shall be
made, through the same intermediary, on the date on which it terminates
such derogation.
Article 5
1. Nothing in the present Covenant may be interpreted as implying for
any State, group or person any right to engage in any activity or perform
any act aimed at the destruction of any of the rights and freedoms
recognized herein or at their limitation to a greater extent than is provided
for in the present Covenant.
2. There shall be no restriction upon or derogation from any of the
fundamental human rights recognized or existing in any State Party to the
present Covenant pursuant to law, conventions, regulations or custom on
the pretext that the present Covenant does not recognize such rights or
that it recognizes them to a lesser extent.
PART III
Article 6
1. Every human being has the inherent right to life. This right shall be
protected by law. No one shall be arbitrarily deprived of his life.
2. In countries which have not abolished the death penalty, sentence of
death may be imposed only for the most serious crimes in accordance
with the law in force at the time of the commission of the crime and not
contrary to the provisions of the present Covenant and to the Convention
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on the Prevention and Punishment of the Crime of Genocide. This penalty

can only be carried out pursuant to a final judgement rendered by a
competent court.
3. When deprivation of life constitutes the crime of genocide, it is
understood that nothing in this article shall authorize any State Party to
the present Covenant to derogate in any way from any obligation assumed
under the provisions of the Convention on the Prevention and Punishment
of the Crime of Genocide.
4. Anyone sentenced to death shall have the right to seek pardon or
commutation of the sentence. Amnesty, pardon or commutation of the
sentence of death may be granted in all cases.
5. Sentence of death shall not be imposed for crimes committed by
persons below eighteen years of age and shall not be carried out on
pregnant women.
6. Nothing in this article shall be invoked to delay or to prevent the
abolition of capital punishment by any State Party to the present
Covenant.
Article 7
No one shall be subjected to torture or to cruel, inhuman or degrading
treatment or punishment. In particular, no one shall be subjected without
his free consent to medical or scientific experimentation.
Article 8
1. No one shall be held in slavery; slavery and the slave-trade in all their
forms shall be prohibited.
2. No one shall be held in servitude.
3.
(a) No one shall be required to perform forced or compulsory labour;
(b) Paragraph 3 (a) shall not be held to preclude, in countries where
imprisonment with hard labour may be imposed as a punishment for a
crime, the performance of hard labour in pursuance of a sentence to such
punishment by a competent court;
(c) For the purpose of this paragraph the term "forced or compulsory
labour" shall not include:
(i) Any work or service, not referred to in subparagraph (b), normally
required of a person who is under detention in consequence of a lawful
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order of a court, or of a person during conditional release from such

detention;
(ii) Any service of a military character and, in countries where
conscientious objection is recognized, any national service required by
law of conscientious objectors;
(iii) Any service exacted in cases of emergency or calamity threatening
the life or well-being of the community;
(iv) Any work or service which forms part of normal civil obligations.
Article 9
1. Everyone has the right to liberty and security of person. No one shall
be subjected to arbitrary arrest or detention. No one shall be deprived of
his liberty except on such grounds and in accordance with such procedure
as are established by law.
2. Anyone who is arrested shall be informed, at the time of arrest, of the
reasons for his arrest and shall be promptly informed of any charges
against him.
3. Anyone arrested or detained on a criminal charge shall be brought
promptly before a judge or other officer authorized by law to exercise
judicial power and shall be entitled to trial within a reasonable time or to
release. It shall not be the general rule that persons awaiting trial shall be
detained in custody, but release may be subject to guarantees to appear
for trial, at any other stage of the judicial proceedings, and, should
occasion arise, for execution of the judgement.
4. Anyone who is deprived of his liberty by arrest or detention shall be
entitled to take proceedings before a court, in order that that court may
decide without delay on the lawfulness of his detention and order his
release if the detention is not lawful.
5. Anyone who has been the victim of unlawful arrest or detention shall
have an enforceable right to compensation.
Article 10
1. All persons deprived of their liberty shall be treated with humanity and
with respect for the inherent dignity of the human person.
2.
(a) Accused persons shall, save in exceptional circumstances, be
segregated from convicted persons and shall be subject to separate

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treatment appropriate to their status as unconvicted persons;

(b) Accused juvenile persons shall be separated from adults and brought
as speedily as possible for adjudication.
3. The penitentiary system shall comprise treatment of prisoners the
essential aim of which shall be their reformation and social rehabilitation.
Juvenile offenders shall be segregated from adults and be accorded
treatment appropriate to their age and legal status.
Article 11
No one shall be imprisoned merely on the ground of inability to fulfil a
contractual obligation.
Article 12
1. Everyone lawfully within the territory of a State shall, within that
territory, have the right to liberty of movement and freedom to choose his
residence.
2. Everyone shall be free to leave any country, including his own.
3. The above-mentioned rights shall not be subject to any restrictions
except those which are provided by law, are necessary to protect national
security, public order (ordre public), public health or morals or the rights
and freedoms of others, and are consistent with the other rights
recognized in the present Covenant.
4. No one shall be arbitrarily deprived of the right to enter his own
country.
Article 13
An alien lawfully in the territory of a State Party to the present Covenant
may be expelled therefrom only in pursuance of a decision reached in
accordance with law and shall, except where compelling reasons of
national security otherwise require, be allowed to submit the reasons
against his expulsion and to have his case reviewed by, and be
represented for the purpose before, the competent authority or a person or
persons especially designated by the competent authority.
Article 14
1. All persons shall be equal before the courts and tribunals. In the
determination of any criminal charge against him, or of his rights and
obligations in a suit at law, everyone shall be entitled to a fair and public
hearing by a competent, independent and impartial tribunal established by
law. The press and the public may be excluded from all or part of a trial
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for reasons of morals, public order (ordre public) or national security in a

democratic society, or when the interest of the private lives of the parties
so requires, or to the extent strictly necessary in the opinion of the court
in special circumstances where publicity would prejudice the interests of
justice; but any judgement rendered in a criminal case or in a suit at law
shall be made public except where the interest of juvenile persons
otherwise requires or the proceedings concern matrimonial disputes or the
guardianship of children.
2. Everyone charged with a criminal offence shall have the right to be
presumed innocent until proved guilty according to law.
3. In the determination of any criminal charge against him, everyone shall
be entitled to the following minimum guarantees, in full equality: (a) To
be informed promptly and in detail in a language which he understands of
the nature and cause of the charge against him;
(b) To have adequate time and facilities for the preparation of his defence
and to communicate with counsel of his own choosing;
(c) To be tried without undue delay;
(d) To be tried in his presence, and to defend himself in person or through
legal assistance of his own choosing; to be informed, if he does not have
legal assistance, of this right; and to have legal assistance assigned to him,
in any case where the interests of justice so require, and without payment
by him in any such case if he does not have sufficient means to pay for it;
(e) To examine, or have examined, the witnesses against him and to
obtain the attendance and examination of witnesses on his behalf under
the same conditions as witnesses against him;
(f) To have the free assistance of an interpreter if he cannot understand or
speak the language used in court;
(g) Not to be compelled to testify against himself or to confess guilt.
4. In the case of juvenile persons, the procedure shall be such as will take
account of their age and the desirability of promoting their rehabilitation.
5. Everyone convicted of a crime shall have the right to his conviction
and sentence being reviewed by a higher tribunal according to law.
6. When a person has by a final decision been convicted of a criminal
offence and when subsequently his conviction has been reversed or he has
been pardoned on the ground that a new or newly discovered fact shows
conclusively that there has been a miscarriage of justice, the person who
has suffered punishment as a result of such conviction shall be
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compensated according to law, unless it is proved that the non-disclosure

of the unknown fact in time is wholly or partly attributable to him.
7. No one shall be liable to be tried or punished again for an offence for
which he has already been finally convicted or acquitted in accordance
with the law and penal procedure of each country.
Article 15
1 . No one shall be held guilty of any criminal offence on account of any
act or omission which did not constitute a criminal 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 when the criminal offence was committed. If, subsequent to the
commission of the offence, provision is made by law for the imposition of
the lighter penalty, the offender shall benefit thereby.
2. Nothing in this article shall prejudice the trial and punishment of any
person for any act or omission which, at the time when it was committed,
was criminal according to the general principles of law recognized by the
community of nations.
Article 16
Everyone shall have the right to recognition everywhere as a person
before the law.
Article 17
1. No one shall be subjected to arbitrary or unlawful interference with his
privacy, family, home or correspondence, nor to unlawful attacks on his
honour and reputation.
2. Everyone has the right to the protection of the law against such
interference or attacks.
Article 18
1. Everyone shall have the right to freedom of thought, conscience and
religion. This right shall include freedom to have or to adopt a religion or
belief of his choice, and freedom, either individually or in community
with others and in public or private, to manifest his religion or belief in
worship, observance, practice and teaching.
2. No one shall be subject to coercion which would impair his freedom to
have or to adopt a religion or belief of his choice.
3. Freedom to manifest one's religion or beliefs may be subject only to

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such limitations as are prescribed by law and are necessary to protect

public safety, order, health, or morals or the fundamental rights and
freedoms of others.
4. The States Parties to the present Covenant undertake to have respect
for the liberty of parents and, when applicable, legal guardians to ensure
the religious and moral education of their children in conformity with
their own convictions.
Article 19
1. Everyone shall have the right to hold opinions without interference.
2. Everyone shall have the right to freedom of expression; this right shall
include freedom to seek, receive and impart information and ideas of all
kinds, regardless of frontiers, either orally, in writing or in print, in the
form of art, or through any other media of his choice.
3. The exercise of the rights provided for in paragraph 2 of this article
carries with it special duties and responsibilities. It may therefore be
subject to certain restrictions, but these shall only be such as are provided
by law and are necessary:
(a) For respect of the rights or reputations of others;
(b) For the protection of national security or of public order (ordre
public), or of public health or morals.
Article 20
1. Any propaganda for war shall be prohibited by law.
2. Any advocacy of national, racial or religious hatred that constitutes
incitement to discrimination, hostility or violence shall be prohibited by
law.
Article 21
The right of peaceful assembly shall be recognized. No restrictions may
be placed on the exercise of this right other than those imposed in
conformity with the law and which are necessary in a democratic society
in the interests of national security or public safety, public order (ordre
public), the protection of public health or morals or the protection of the
rights and freedoms of others.
Article 22
1. Everyone shall have the right to freedom of association with others,
including the right to form and join trade unions for the protection of his
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interests.
2. No restrictions may be placed on the exercise of this right other than
those which are prescribed by law and which are necessary in a
democratic society in the interests of national security or public safety,
public order (ordre public), the protection of public health or morals or
the protection of the rights and freedoms of others. This article shall not
prevent the imposition of lawful restrictions on members of the armed
forces and of the police in their exercise of this right.
3. Nothing in this article shall authorize States Parties to the International
Labour Organisation Convention of 1948 concerning Freedom of
Association and Protection of the Right to Organize to take legislative
measures which would prejudice, or to apply the law in such a manner as
to prejudice, the guarantees provided for in that Convention.
Article 23
1. The family is the natural and fundamental group unit of society and is
entitled to protection by society and the State.
2. The right of men and women of marriageable age to marry and to
found a family shall be recognized.
3. No marriage shall be entered into without the free and full consent of
the intending spouses.
4. States Parties to the present Covenant shall take appropriate steps to
ensure equality of rights and responsibilities of spouses as to marriage,
during marriage and at its dissolution. In the case of dissolution, provision
shall be made for the necessary protection of any children.
Article 24
1. Every child shall have, without any discrimination as to race, colour,
sex, language, religion, national or social origin, property or birth, the
right to such measures of protection as are required by his status as a
minor, on the part of his family, society and the State.
2. Every child shall be registered immediately after birth and shall have a
name.
3. Every child has the right to acquire a nationality.
Article 25
Every citizen shall have the right and the opportunity, without any of the
distinctions mentioned in article 2 and without unreasonable restrictions:

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(a) To take part in the conduct of public affairs, directly or through freely
chosen representatives;
(b) To vote and to be elected at genuine periodic elections which shall be
by universal and equal suffrage and shall be held by secret ballot,
guaranteeing the free expression of the will of the electors;
(c) To have access, on general terms of equality, to public service in his
country.
Article 26
All persons are equal before the law and are entitled without any
discrimination to the equal protection of the law. In this respect, the law
shall prohibit any discrimination and guarantee to all persons equal and
effective protection against discrimination on any ground such as race,
colour, sex, language, religion, political or other opinion, national or
social origin, property, birth or other status.
Article 27
In those States in which ethnic, religious or linguistic minorities exist,
persons belonging to such minorities shall not be denied the right, in
community with the other members of their group, to enjoy their own
culture, to profess and practise their own religion, or to use their own
language.
PART IV
Article 28
1. There shall be established a Human Rights Committee (hereafter
referred to in the present Covenant as the Committee). It shall consist of
eighteen members and shall carry out the functions hereinafter provided.
2. The Committee shall be composed of nationals of the States Parties to
the present Covenant who shall be persons of high moral character and
recognized competence in the field of human rights, consideration being
given to the usefulness of the participation of some persons having legal
experience.
3. The members of the Committee shall be elected and shall serve in their
personal capacity.
Article 29
1. The members of the Committee shall be elected by secret ballot from a
list of persons possessing the qualifications prescribed in article 28 and

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nominated for the purpose by the States Parties to the present Covenant.
2. Each State Party to the present Covenant may nominate not more than
two persons. These persons shall be nationals of the nominating State.
3. A person shall be eligible for renomination.
Article 30
1. The initial election shall be held no later than six months after the date
of the entry into force of the present Covenant.
2. At least four months before the date of each election to the Committee,
other than an election to fill a vacancy declared in accordance with article
34, the Secretary-General of the United Nations shall address a written
invitation to the States Parties to the present Covenant to submit their
nominations for membership of the Committee within three months.
3. The Secretary-General of the United Nations shall prepare a list in
alphabetical order of all the persons thus nominated, with an indication of
the States Parties which have nominated them, and shall submit it to the
States Parties to the present Covenant no later than one month before the
date of each election.
4. Elections of the members of the Committee shall be held at a meeting
of the States Parties to the present Covenant convened by the Secretary
General of the United Nations at the Headquarters of the United Nations.
At that meeting, for which two thirds of the States Parties to the present
Covenant shall constitute a quorum, the persons elected to the Committee
shall be those nominees who obtain the largest number of votes and an
absolute majority of the votes of the representatives of States Parties
present and voting.
Article 31
1. The Committee may not include more than one national of the same
State.
2. In the election of the Committee, consideration shall be given to
equitable geographical distribution of membership and to the
representation of the different forms of civilization and of the principal
legal systems.
Article 32
1. The members of the Committee shall be elected for a term of four
years. They shall be eligible for re-election if renominated. However, the
terms of nine of the members elected at the first election shall expire at
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the end of two years; immediately after the first election, the names of
these nine members shall be chosen by lot by the Chairman of the
meeting referred to in article 30, paragraph 4.
2. Elections at the expiry of office shall be held in accordance with the
preceding articles of this part of the present Covenant.
Article 33
1. If, in the unanimous opinion of the other members, a member of the
Committee has ceased to carry out his functions for any cause other than
absence of a temporary character, the Chairman of the Committee shall
notify the Secretary-General of the United Nations, who shall then
declare the seat of that member to be vacant.
2. In the event of the death or the resignation of a member of the
Committee, the Chairman shall immediately notify the Secretary-General
of the United Nations, who shall declare the seat vacant from the date of
death or the date on which the resignation takes effect.
Article 34
1. When a vacancy is declared in accordance with article 33 and if the
term of office of the member to be replaced does not expire within six
months of the declaration of the vacancy, the Secretary-General of the
United Nations shall notify each of the States Parties to the present
Covenant, which may within two months submit nominations in
accordance with article 29 for the purpose of filling the vacancy.
2. The Secretary-General of the United Nations shall prepare a list in
alphabetical order of the persons thus nominated and shall submit it to the
States Parties to the present Covenant. The election to fill the vacancy
shall then take place in accordance with the relevant provisions of this
part of the present Covenant.
3. A member of the Committee elected to fill a vacancy declared in
accordance with article 33 shall hold office for the remainder of the term
of the member who vacated the seat on the Committee under the
provisions of that article.
Article 35
The members of the Committee shall, with the approval of the General
Assembly of the United Nations, receive emoluments from United
Nations resources on such terms and conditions as the General Assembly
may decide, having regard to the importance of the Committee's
responsibilities.

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Article 36
The Secretary-General of the United Nations shall provide the necessary
staff and facilities for the effective performance of the functions of the
Committee under the present Covenant.
Article 37
1. The Secretary-General of the United Nations shall convene the initial
meeting of the Committee at the Headquarters of the United Nations.
2. After its initial meeting, the Committee shall meet at such times as
shall be provided in its rules of procedure.
3. The Committee shall normally meet at the Headquarters of the United
Nations or at the United Nations Office at Geneva.
Article 38
Every member of the Committee shall, before taking up his duties, make
a solemn declaration in open committee that he will perform his functions
impartially and conscientiously.
Article 39
1. The Committee shall elect its officers for a term of two years. They
may be re-elected.
2. The Committee shall establish its own rules of procedure, but these
rules shall provide, inter alia, that:
(a) Twelve members shall constitute a quorum;
(b) Decisions of the Committee shall be made by a majority vote of the
members present.
Article 40
1. The States Parties to the present Covenant undertake to submit reports
on the measures they have adopted which give effect to the rights
recognized herein and on the progress made in the enjoyment of those
rights: (a) Within one year of the entry into force of the present Covenant
for the States Parties concerned;
(b) Thereafter whenever the Committee so requests.
2. All reports shall be submitted to the Secretary-General of the United
Nations, who shall transmit them to the Committee for consideration.
Reports shall indicate the factors and difficulties, if any, affecting the

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implementation of the present Covenant.

3. The Secretary-General of the United Nations may, after consultation
with the Committee, transmit to the specialized agencies concerned
copies of such parts of the reports as may fall within their field of
competence.
4. The Committee shall study the reports submitted by the States Parties
to the present Covenant. It shall transmit its reports, and such general
comments as it may consider appropriate, to the States Parties. The
Committee may also transmit to the Economic and Social Council these
comments along with the copies of the reports it has received from States
Parties to the present Covenant.
5. The States Parties to the present Covenant may submit to the
Committee observations on any comments that may be made in
accordance with paragraph 4 of this article.
Article 41
1. A State Party to the present Covenant may at any time declare under
this article that it recognizes the competence of the Committee to receive
and consider communications to the effect that a State Party claims that
another State Party is not fulfilling its obligations under the present
Covenant. Communications under this article may be received and
considered only if submitted by a State Party which has made a
declaration recognizing in regard to itself the competence of the
Committee. No communication shall be received by the Committee if it
concerns a State Party which has not made such a declaration.
Communications received under this article shall be dealt with in
accordance with the following procedure:
(a) If a State Party to the present Covenant considers that another State
Party is not giving effect to the provisions of the present Covenant, it
may, by written communication, bring the matter to the attention of that
State Party. Within three months after the receipt of the communication
the receiving State shall afford the State which sent the communication an
explanation, or any other statement in writing clarifying the matter which
should include, to the extent possible and pertinent, reference to domestic
procedures and remedies taken, pending, or available in the matter;
(b) If the matter is not adjusted to the satisfaction of both States Parties
concerned within six months after the receipt by the receiving State of the
initial communication, either State shall have the right to refer the matter
to the Committee, by notice given to the Committee and to the other

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State;
(c) The Committee shall deal with a matter referred to it only after it has
ascertained that all available domestic remedies have been invoked and
exhausted in the matter, in conformity with the generally recognized
principles of international law. This shall not be the rule where the
application of the remedies is unreasonably prolonged;
(d) The Committee shall hold closed meetings when examining
communications under this article;
(e) Subject to the provisions of subparagraph (c), the Committee shall
make available its good offices to the States Parties concerned with a
view to a friendly solution of the matter on the basis of respect for human
rights and fundamental freedoms as recognized in the present Covenant;
(f) In any matter referred to it, the Committee may call upon the States
Parties concerned, referred to in subparagraph (b), to supply any relevant
information;
(g) The States Parties concerned, referred to in subparagraph (b), shall
have the right to be represented when the matter is being considered in
the Committee and to make submissions orally and/or in writing;
(h) The Committee shall, within twelve months after the date of receipt of
notice under subparagraph (b), submit a report:
(i) If a solution within the terms of subparagraph (e) is reached, the
Committee shall confine its report to a brief statement of the facts and of
the solution reached;
(ii) If a solution within the terms of subparagraph (e) is not reached, the
Committee shall confine its report to a brief statement of the facts; the
written submissions and record of the oral submissions made by the
States Parties concerned shall be attached to the report. In every matter,
the report shall be communicated to the States Parties concerned.
2. The provisions of this article shall come into force when ten States
Parties to the present Covenant have made declarations under paragraph I
of this article. Such declarations shall be deposited by the States Parties
with the Secretary-General of the United Nations, who shall transmit
copies thereof to the other States Parties. A declaration may be withdrawn
at any time by notification to the Secretary-General. Such a withdrawal
shall not prejudice the consideration of any matter which is the subject of
a communication already transmitted under this article; no further
communication by any State Party shall be received after the notification

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of withdrawal of the declaration has been received by the Secretary-

General, unless the State Party concerned has made a new declaration.
Article 42
1.
(a) If a matter referred to the Committee in accordance with article 41 is
not resolved to the satisfaction of the States Parties concerned, the
Committee may, with the prior consent of the States Parties concerned,
appoint an ad hoc Conciliation Commission (hereinafter referred to as the
Commission). The good offices of the Commission shall be made
available to the States Parties concerned with a view to an amicable
solution of the matter on the basis of respect for the present Covenant;
(b) The Commission shall consist of five persons acceptable to the States
Parties concerned. If the States Parties concerned fail to reach agreement
within three months on all or part of the composition of the Commission,
the members of the Commission concerning whom no agreement has
been reached shall be elected by secret ballot by a two-thirds majority
vote of the Committee from among its members.
2. The members of the Commission shall serve in their personal capacity.
They shall not be nationals of the States Parties concerned, or of a State
not Party to the present Covenant, or of a State Party which has not made
a declaration under article 41.
3. The Commission shall elect its own Chairman and adopt its own rules
of procedure.
4. The meetings of the Commission shall normally be held at the
Headquarters of the United Nations or at the United Nations Office at
Geneva. However, they may be held at such other convenient places as
the Commission may determine in consultation with the Secretary-
General of the United Nations and the States Parties concerned.
5. The secretariat provided in accordance with article 36 shall also service
the commissions appointed under this article.
6. The information received and collated by the Committee shall be made
available to the Commission and the Commission may call upon the
States Parties concerned to supply any other relevant information.
7. When the Commission has fully considered the matter, but in any event
not later than twelve months after having been seized of the matter, it
shall submit to the Chairman of the Committee a report for

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communication to the States Parties concerned:

(a) If the Commission is unable to complete its consideration of the
matter within twelve months, it shall confine its report to a brief statement
of the status of its consideration of the matter;
(b) If an amicable solution to the matter on tie basis of respect for human
rights as recognized in the present Covenant is reached, the Commission
shall confine its report to a brief statement of the facts and of the solution
reached;
(c) If a solution within the terms of subparagraph (b) is not reached, the
Commission's report shall embody its findings on all questions of fact
relevant to the issues between the States Parties concerned, and its views
on the possibilities of an amicable solution of the matter. This report shall
also contain the written submissions and a record of the oral submissions
made by the States Parties concerned;
(d) If the Commission's report is submitted under subparagraph (c), the
States Parties concerned shall, within three months of the receipt of the
report, notify the Chairman of the Committee whether or not they accept
the contents of the report of the Commission.
8. The provisions of this article are without prejudice to the
responsibilities of the Committee under article 41.
9. The States Parties concerned shall share equally all the expenses of the
members of the Commission in accordance with estimates to be provided
by the Secretary-General of the United Nations.
10. The Secretary-General of the United Nations shall be empowered to
pay the expenses of the members of the Commission, if necessary, before
reimbursement by the States Parties concerned, in accordance with
paragraph 9 of this article.
Article 43
The members of the Committee, and of the ad hoc conciliation
commissions which may be appointed under article 42, shall be entitled to
the facilities, privileges and immunities of experts on mission for the
United Nations as laid down in the relevant sections of the Convention on
the Privileges and Immunities of the United Nations.
Article 44
The provisions for the implementation of the present Covenant shall
apply without prejudice to the procedures prescribed in the field of human

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rights by or under the constituent instruments and the conventions of the

United Nations and of the specialized agencies and shall not prevent the
States Parties to the present Covenant from having recourse to other
procedures for settling a dispute in accordance with general or special
international agreements in force between them.
Article 45
The Committee shall submit to the General Assembly of the United
Nations, through the Economic and Social Council, an annual report on
its activities.
PART V
Article 46
Nothing in the present Covenant shall be interpreted as impairing the
provisions of the Charter of the United Nations and of the constitutions of
the specialized agencies which define the respective responsibilities of the
various organs of the United Nations and of the specialized agencies in
regard to the matters dealt with in the present Covenant.
Article 47
Nothing in the present Covenant shall be interpreted as impairing the
inherent right of all peoples to enjoy and utilize fully and freely their
natural wealth and resources.
PART VI
Article 48
1. The present Covenant is open for signature by any State Member of the
United Nations or member of any of its specialized agencies, by any State
Party to the Statute of the International Court of Justice, and by any other
State which has been invited by the General Assembly of the United
Nations to become a Party to the present Covenant.
2. The present Covenant is subject to ratification. Instruments of
ratification shall be deposited with the Secretary-General of the United
Nations.
3. The present Covenant shall be open to accession by any State referred
to in paragraph 1 of this article.
4. Accession shall be effected by the deposit of an instrument of
accession with the Secretary-General of the United Nations.
5. The Secretary-General of the United Nations shall inform all States
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which have signed this Covenant or acceded to it of the deposit of each

instrument of ratification or accession.
Article 49
1. The present Covenant shall enter into force three months after the date
of the deposit with the Secretary-General of the United Nations of the
thirty-fifth instrument of ratification or instrument of accession.
2. For each State ratifying the present Covenant or acceding to it after the
deposit of the thirty-fifth instrument of ratification or instrument of
accession, the present Covenant shall enter into force three months after
the date of the deposit of its own instrument of ratification or instrument
of accession.
Article 50
The provisions of the present Covenant shall extend to all parts of federal
States without any limitations or exceptions.
Article 51
1. Any State Party to the present Covenant may propose an amendment
and file it with the Secretary-General of the United Nations. The
Secretary-General of the United Nations shall thereupon communicate
any proposed amendments to the States Parties to the present Covenant
with a request that they notify him whether they favour a conference of
States Parties for the purpose of considering and voting upon the
proposals. In the event that at least one third of the States Parties favours
such a conference, the Secretary-General shall convene the conference
under the auspices of the United Nations. Any amendment adopted by a
majority of the States Parties present and voting at the conference shall be
submitted to the General Assembly of the United Nations for approval.
2. Amendments shall come into force when they have been approved by
the General Assembly of the United Nations and accepted by a two-thirds
majority of the States Parties to the present Covenant in accordance with
their respective constitutional processes. 3. When amendments come into
force, they shall be binding on those States Parties which have accepted
them, other States Parties still being bound by the provisions of the
present Covenant and any earlier amendment which they have accepted.
Article 52
1. Irrespective of the notifications made under article 48, paragraph 5, the
Secretary-General of the United Nations shall inform all States referred to

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in paragraph I of the same article of the following particulars:

(a) Signatures, ratifications and accessions under article 48;
(b) The date of the entry into force of the present Covenant under article
49 and the date of the entry into force of any amendments under article
51.
Article 53
1. The present Covenant, of which the Chinese, English, French, Russian
and Spanish texts are equally authentic, shall be deposited in the archives
of the United Nations.
2. The Secretary-General of the United Nations shall transmit certified
copies of the present Covenant to all States referred to in article 48.
International Covenant on Economic, Social and Cultural Rights

L. Adopted and opened for signature, ratification and

accession by General Assembly resolution 2200A (XXI)
of 16 December 1966
entry into force 3 January 1976, in accordance with article
27
Preamble
The States Parties to the present Covenant,
Considering that, in accordance with the principles proclaimed in the
Charter of the United Nations, 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,
Recognizing that these rights derive from the inherent dignity of the
human person,
Recognizing that, in accordance with the Universal Declaration of Human
Rights, the ideal of free human beings enjoying freedom from fear and
want can only be achieved if conditions are created whereby everyone
may enjoy his economic, social and cultural rights, as well as his civil and
political rights,
Considering the obligation of States under the Charter of the United
Nations to promote universal respect for, and observance of, human rights
and freedoms,
Realizing that the individual, having duties to other individuals and to the
community to which he belongs, is under a responsibility to strive for the
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promotion and observance of the rights recognized in the present

Covenant,
Agree upon the following articles:
PART I
Article 1
1. All peoples have the right of self-determination. By virtue of that right
they freely determine their political status and freely pursue their
economic, social and cultural development.
2. All peoples may, for their own ends, freely dispose of their natural
wealth and resources without prejudice to any obligations arising out of
international economic co-operation, based upon the principle of mutual
benefit, and international law. In no case may a people be deprived of its
own means of subsistence.
3. The States Parties to the present Covenant, including those having
responsibility for the administration of Non-Self-Governing and Trust
Territories, shall promote the realization of the right of self-
determination, and shall respect that right, in conformity with the
provisions of the Charter of the United Nations.
PART II
Article 2
1. Each State Party to the present Covenant undertakes to take steps,
individually and through international assistance and co-operation,
especially economic and technical, to the maximum of its available
resources, with a view to achieving progressively the full realization of
the rights recognized in the present Covenant by all appropriate means,
including particularly the adoption of legislative measures.
2. The States Parties to the present Covenant undertake to guarantee that
the rights enunciated in the present Covenant will be exercised without
discrimination of any kind as to race, colour, sex, language, religion,
political or other opinion, national or social origin, property, birth or other
status.
3. Developing countries, with due regard to human rights and their
national economy, may determine to what extent they would guarantee
the economic rights recognized in the present Covenant to non-nationals.
Article 3

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The States Parties to the present Covenant undertake to ensure the equal
right of men and women to the enjoyment of all economic, social and
cultural rights set forth in the present Covenant.
Article 4
The States Parties to the present Covenant recognize that, in the
enjoyment of those rights provided by the State in conformity with the
present Covenant, the State may subject such rights only to such
limitations as are determined by law only in so far as this may be
compatible with the nature of these rights and solely for the purpose of
promoting the general welfare in a democratic society.
Article 5
1. Nothing in the present Covenant 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 or freedoms
recognized herein, or at their limitation to a greater extent than is
provided for in the present Covenant.
2. No restriction upon or derogation from any of the fundamental human
rights recognized or existing in any country in virtue of law, conventions,
regulations or custom shall be admitted on the pretext that the present
Covenant does not recognize such rights or that it recognizes them to a
lesser extent.
PART III
Article 6
1. The States Parties to the present Covenant recognize the right to work,
which includes the right of everyone to the opportunity to gain his living
by work which he freely chooses or accepts, and will take appropriate
steps to safeguard this right.
2. The steps to be taken by a State Party to the present Covenant to
achieve the full realization of this right shall include technical and
vocational guidance and training programmes, policies and techniques to
achieve steady economic, social and cultural development and full and
productive employment under conditions safeguarding fundamental
political and economic freedoms to the individual.
Article 7
The States Parties to the present Covenant recognize the right of everyone
to the enjoyment of just and favourable conditions of work which ensure,

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in particular:
(a) Remuneration which provides all workers, as a minimum, with:
(i) Fair wages and equal remuneration for work of equal value without
distinction of any kind, in particular women being guaranteed conditions
of work not inferior to those enjoyed by men, with equal pay for equal
work;
(ii) A decent living for themselves and their families in accordance with
the provisions of the present Covenant;
(b) Safe and healthy working conditions;
(c) Equal opportunity for everyone to be promoted in his employment to
an appropriate higher level, subject to no considerations other than those
of seniority and competence;
(d ) Rest, leisure and reasonable limitation of working hours and periodic
holidays with pay, as well as remuneration for public holidays
Article 8
1. The States Parties to the present Covenant undertake to ensure:
(a) The right of everyone to form trade unions and join the trade union of
his choice, subject only to the rules of the organization concerned, for the
promotion and protection of his economic and social interests. No
restrictions may be placed on the exercise of this right other than those
prescribed by law and which are necessary in a democratic society in the
interests of national security or public order or for the protection of the
rights and freedoms of others;
(b) The right of trade unions to establish national federations or
confederations and the right of the latter to form or join international
trade-union organizations;
(c) The right of trade unions to function freely subject to no limitations
other than those prescribed by law and which are necessary in a
democratic society in the interests of national security or public order or
for the protection of the rights and freedoms of others;
(d) The right to strike, provided that it is exercised in conformity with the
laws of the particular country.
2. This article shall not prevent the imposition of lawful restrictions on
the exercise of these rights by members of the armed forces or of the
police or of the administration of the State.
3. Nothing in this article shall authorize States Parties to the International
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Labour Organisation Convention of 1948 concerning Freedom of

Association and Protection of the Right to Organize to take legislative
measures which would prejudice, or apply the law in such a manner as
would prejudice, the guarantees provided for in that Convention.
Article 9
The States Parties to the present Covenant recognize the right of everyone
to social security, including social insurance.
Article 10
The States Parties to the present Covenant recognize that:
1. The widest possible protection and assistance should be accorded to the
family, which is the natural and fundamental group unit of society,
particularly for its establishment and while it is responsible for the care
and education of dependent children. Marriage must be entered into with
the free consent of the intending spouses.
2. Special protection should be accorded to mothers during a reasonable
period before and after childbirth. During such period working mothers
should be accorded paid leave or leave with adequate social security
benefits.
3. Special measures of protection and assistance should be taken on
behalf of all children and young persons without any discrimination for
reasons of parentage or other conditions. Children and young persons
should be protected from economic and social exploitation. Their
employment in work harmful to their morals or health or dangerous to life
or likely to hamper their normal development should be punishable by
law. States should also set age limits below which the paid employment
of child labour should be prohibited and punishable by law.
Article 11
1. The States Parties to the present Covenant recognize the right of
everyone to an adequate standard of living for himself and his family,
including adequate food, clothing and housing, and to the continuous
improvement of living conditions. The States Parties will take appropriate
steps to ensure the realization of this right, recognizing to this effect the
essential importance of international co-operation based on free consent.
2. The States Parties to the present Covenant, recognizing the
fundamental right of everyone to be free from hunger, shall take,
individually and through international co-operation, the measures,

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including specific programmes, which are needed:

(a) To improve methods of production, conservation and distribution of
food by making full use of technical and scientific knowledge, by
disseminating knowledge of the principles of nutrition and by developing
or reforming agrarian systems in such a way as to achieve the most
efficient development and utilization of natural resources;
(b) Taking into account the problems of both food-importing and food-
exporting countries, to ensure an equitable distribution of world food
supplies in relation to need.
Article 12
1. The States Parties to the present Covenant recognize the right of
everyone to the enjoyment of the highest attainable standard of physical
and mental health.
2. The steps to be taken by the States Parties to the present Covenant to
achieve the full realization of this right shall include those necessary for:
(a) The provision for the reduction of the stillbirth-rate and of infant
mortality and for the healthy development of the child;
(b) The improvement of all aspects of environmental and industrial
hygiene;
(c) The prevention, treatment and control of epidemic, endemic,
occupational and other diseases;
(d) The creation of conditions which would assure to all medical service
and medical attention in the event of sickness.
Article 13
1. The States Parties to the present Covenant recognize the right of
everyone to education. They agree that education shall be directed to the
full development of the human personality and the sense of its dignity,
and shall strengthen the respect for human rights and fundamental
freedoms. They further agree that education shall enable all persons to
participate effectively in a free society, promote understanding, tolerance
and friendship among all nations and all racial, ethnic or religious groups,
and further the activities of the United Nations for the maintenance of
peace.
2. The States Parties to the present Covenant recognize that, with a view
to achieving the full realization of this right:

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(a) Primary education shall be compulsory and available free to all;

(b) Secondary education in its different forms, including technical and
vocational secondary education, shall be made generally available and
accessible to all by every appropriate means, and in particular by the
progressive introduction of free education;
(c) Higher education shall be made equally accessible to all, on the basis
of capacity, by every appropriate means, and in particular by the
progressive introduction of free education;
(d) Fundamental education shall be encouraged or intensified as far as
possible for those persons who have not received or completed the whole
period of their primary education;
(e) The development of a system of schools at all levels shall be actively
pursued, an adequate fellowship system shall be established, and the
material conditions of teaching staff shall be continuously improved.
3. The States Parties to the present Covenant undertake to have respect
for the liberty of parents and, when applicable, legal guardians to choose
for their children schools, other than those established by the public
authorities, which conform to such minimum educational standards as
may be laid down or approved by the State and to ensure the religious and
moral education of their children in conformity with their own
convictions.
4. No part of this article shall be construed so as to interfere with the
liberty of individuals and bodies to establish and direct educational
institutions, subject always to the observance of the principles set forth in
paragraph I of this article and to the requirement that the education given
in such institutions shall conform to such minimum standards as may be
laid down by the State.
Article 14
Each State Party to the present Covenant which, at the time of becoming a
Party, has not been able to secure in its metropolitan territory or other
territories under its jurisdiction compulsory primary education, free of
charge, undertakes, within two years, to work out and adopt a detailed
plan of action for the progressive implementation, within a reasonable
number of years, to be fixed in the plan, of the principle of compulsory
education free of charge for all.
Article 15
1. The States Parties to the present Covenant recognize the right of
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everyone:
(a) To take part in cultural life;
(b) To enjoy the benefits of scientific progress and its applications;
(c) To benefit from the protection of the moral and material interests
resulting from any scientific, literary or artistic production of which he is
the author.
2. The steps to be taken by the States Parties to the present Covenant to
achieve the full realization of this right shall include those necessary for
the conservation, the development and the diffusion of science and
culture.
3. The States Parties to the present Covenant undertake to respect the
freedom indispensable for scientific research and creative activity.
4. The States Parties to the present Covenant recognize the benefits to be
derived from the encouragement and development of international
contacts and co-operation in the scientific and cultural fields.
PART IV
Article 16
1. The States Parties to the present Covenant undertake to submit in
conformity with this part of the Covenant reports on the measures which
they have adopted and the progress made in achieving the observance of
the rights recognized herein.
2.
(a) All reports shall be submitted to the Secretary-General of the United
Nations, who shall transmit copies to the Economic and Social Council
for consideration in accordance with the provisions of the present
Covenant;
(b) The Secretary-General of the United Nations shall also transmit to the
specialized agencies copies of the reports, or any relevant parts therefrom,
from States Parties to the present Covenant which are also members of
these specialized agencies in so far as these reports, or parts therefrom,
relate to any matters which fall within the responsibilities of the said
agencies in accordance with their constitutional instruments.
Article 17
1. The States Parties to the present Covenant shall furnish their reports in
stages, in accordance with a programme to be established by the

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Economic and Social Council within one year of the entry into force of
the present Covenant after consultation with the States Parties and the
specialized agencies concerned.
2. Reports may indicate factors and difficulties affecting the degree of
fulfilment of obligations under the present Covenant.
3. Where relevant information has previously been furnished to the
United Nations or to any specialized agency by any State Party to the
present Covenant, it will not be necessary to reproduce that information,
but a precise reference to the information so furnished will suffice.
Article 18
Pursuant to its responsibilities under the Charter of the United Nations in
the field of human rights and fundamental freedoms, the Economic and
Social Council may make arrangements with the specialized agencies in
respect of their reporting to it on the progress made in achieving the
observance of the provisions of the present Covenant falling within the
scope of their activities. These reports may include particulars of
decisions and recommendations on such implementation adopted by their
competent organs.
Article 19
The Economic and Social Council may transmit to the Commission on
Human Rights for study and general recommendation or, as appropriate,
for information the reports concerning human rights submitted by States
in accordance with articles 16 and 17, and those concerning human rights
submitted by the specialized agencies in accordance with article 18.
Article 20
The States Parties to the present Covenant and the specialized agencies
concerned may submit comments to the Economic and Social Council on
any general recommendation under article 19 or reference to such general
recommendation in any report of the Commission on Human Rights or
any documentation referred to therein.
Article 21
The Economic and Social Council may submit from time to time to the
General Assembly reports with recommendations of a general nature and
a summary of the information received from the States Parties to the
present Covenant and the specialized agencies on the measures taken and
the progress made in achieving general observance of the rights

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recognized in the present Covenant.

Article 22
The Economic and Social Council may bring to the attention of other
organs of the United Nations, their subsidiary organs and specialized
agencies concerned with furnishing technical assistance any matters
arising out of the reports referred to in this part of the present Covenant
which may assist such bodies in deciding, each within its field of
competence, on the advisability of international measures likely to
contribute to the effective progressive implementation of the present
Covenant.
Article 23
The States Parties to the present Covenant agree that international action
for the achievement of the rights recognized in the present Covenant
includes such methods as the conclusion of conventions, the adoption of
recommendations, the furnishing of technical assistance and the holding
of regional meetings and technical meetings for the purpose of
consultation and study organized in conjunction with the Governments
concerned.
Article 24
Nothing in the present Covenant shall be interpreted as impairing the
provisions of the Charter of the United Nations and of the constitutions of
the specialized agencies which define the respective responsibilities of the
various organs of the United Nations and of the specialized agencies in
regard to the matters dealt with in the present Covenant.
Article 25
Nothing in the present Covenant shall be interpreted as impairing the
inherent right of all peoples to enjoy and utilize fully and freely their
natural wealth and resources.
PART V
Article 26
1. The present Covenant is open for signature by any State Member of the
United Nations or member of any of its specialized agencies, by any State
Party to the Statute of the International Court of Justice, and by any other
State which has been invited by the General Assembly of the United
Nations to become a party to the present Covenant.
2. The present Covenant is subject to ratification. Instruments of
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ratification shall be deposited with the Secretary-General of the United

Nations.
3. The present Covenant shall be open to accession by any State referred
to in paragraph 1 of this article.
4. Accession shall be effected by the deposit of an instrument of
accession with the Secretary-General of the United Nations.
5. The Secretary-General of the United Nations shall inform all States
which have signed the present Covenant or acceded to it of the deposit of
each instrument of ratification or accession.
Article 27
1. The present Covenant shall enter into force three months after the date
of the deposit with the Secretary-General of the United Nations of the
thirty-fifth instrument of ratification or instrument of accession.
2. For each State ratifying the present Covenant or acceding to it after the
deposit of the thirty-fifth instrument of ratification or instrument of
accession, the present Covenant shall enter into force three months after
the date of the deposit of its own instrument of ratification or instrument
of accession.
Article 28
The provisions of the present Covenant shall extend to all parts of federal
States without any limitations or exceptions.
Article 29
1. Any State Party to the present Covenant may propose an amendment
and file it with the Secretary-General of the United Nations. The
Secretary-General shall thereupon communicate any proposed
amendments to the States Parties to the present Covenant with a request
that they notify him whether they favour a conference of States Parties for
the purpose of considering and voting upon the proposals. In the event
that at least one third of the States Parties favours such a conference, the
Secretary-General shall convene the conference under the auspices of the
United Nations. Any amendment adopted by a majority of the States
Parties present and voting at the conference shall be submitted to the
General Assembly of the United Nations for approval.
2. Amendments shall come into force when they have been approved by
the General Assembly of the United Nations and accepted by a two-thirds
majority of the States Parties to the present Covenant in accordance with

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their respective constitutional processes.

3. When amendments come into force they shall be binding on those
States Parties which have accepted them, other States Parties still being
bound by the provisions of the present Covenant and any earlier
amendment which they have accepted.
Article 30
Irrespective of the notifications made under article 26, paragraph 5, the
Secretary-General of the United Nations shall inform all States referred to
in paragraph I of the same article of the following particulars:
(a) Signatures, ratifications and accessions under article 26;
(b) The date of the entry into force of the present Covenant under article
27 and the date of the entry into force of any amendments under article
29.
Article 31
1. The present Covenant, of which the Chinese, English, French, Russian
and Spanish texts are equally authentic, shall be deposited in the archives
of the United Nations.
2. The Secretary-General of the United Nations shall transmit certified
copies of the present Covenant to all States referred to in article 26.

The European Convention on Human Rights is a treaty that was drafted in 1950. Each of the
numbered “articles” protects a basic human right. Taken together, they allow people to lead
free and dignified lives.

47 states, including the UK, have signed up. That means that the UK commits to protecting
the Convention rights. If a person’s rights are being breached, and they can’t get a remedy in
the UK through the Human Rights Act, the Convention lets them take their case to the
European Court of Human Rights.

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Article 1
Obligation to respect Human Rights

The High Contracting Parties shall secure to everyone within their jurisdiction the rights and
freedoms defined in Section I of this Convention.

Means you have a right…

– To have your human rights respected by the state

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Article 2
Right to life

1. Everyone’s right to life shall be protected by law. No one shall be deprived of his life
intentionally save in the execution of a sentence of a court following his conviction of a crime
for which this penalty is provided by law.
2. Deprivation of life shall not be regarded as inflicted in contravention of this Article when
it results from the use of force which is no more than absolutely necessary:
(a) in defence of any person from unlawful violence;
(b) in order to effect a lawful arrest or to prevent the escape of a person lawfully detained;
(c) in action lawfully taken for the purpose of quelling a riot or insurrection.

Means you have a right…

– Not to be unlawfully killed by the state

– For the state’s systems to be designed so that they protect life, including through the
criminal law

– For the state to investigate suspicious deaths

– In certain circumstances to require the state to take reasonable steps to prevent a loss of life

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Article 3
Prohibition of torture

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

Means you have a right…

– Not to be tortured or treated in an inhuman or degrading way

– For the state’s systems to be designed so that they prevent torture or inhumane and
degrading treatment, including through the criminal law

– Not to be deported or extradited if there is a real risk you will be tortured in state you are
going back to

– In certain circumstances to require the state to take steps to prevent others from inflicting
torture

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Article 4
Prohibition of slavery and forced labour

1. No one shall be held in slavery or servitude.

2. No one shall be required to perform forced or compulsory labour.
3. For the purpose of this Article the term “forced or compulsory labour” shall not include:
(a) any work required to be done in the ordinary course of detention imposed according to
the provisions of Article 5 of this Convention or during conditional release from such
detention;
(b) any service of a military character or, in case of conscientious objectors in countries
where they are recognised, service exacted instead of compulsory military service;
(c) any service exacted in case of an emergency or calamity threatening the life or wellbeing
of the community;
(d) any work or service which forms part of normal civic obligations.

Means you have a right…

– For the criminal law to prohibit slavery

– To an investigation into credible suspicions of someone being forced into slavery or

servitude

– In certain circumstances to require the state to take measures to protect victims or potential
victims of enslavement

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Article 5
Right to liberty and security

1. Everyone has the right to liberty and security of person. No one shall be deprived of his
liberty save in the following cases and in accordance with a procedure prescribed by law:
(a) the lawful detention of a person after conviction by a competent court;
(b) the lawful arrest or detention of a person for noncompliance with the lawful order of a
court or in order to secure the fulfilment of any obligation prescribed by law;
(c) the lawful arrest or detention of a person effected for the purpose of bringing him before
the competent legal authority on reasonable suspicion of having committed an offence or
when it is reasonably considered necessary to prevent his committing an offence or fleeing
after having done so;
(d) the detention of a minor by lawful order for the purpose of educational supervision or his
lawful detention for the purpose of bringing him before the competent legal authority;
(e) the lawful detention of persons for the prevention of the spreading of infectious diseases,
of persons of unsound mind, alcoholics or drug addicts or vagrants;
(f) the lawful arrest or detention of a person to prevent his effecting an unauthorised entry
into the country or of a person against whom action is being taken with a view to deportation
or extradition.
2. Everyone who is arrested shall be informed promptly, in a language which he
understands, of the reasons for his arrest and of any charge against him.
3. Everyone arrested or detained in accordance with the provisions of paragraph 1 (c) of this
Article shall be brought promptly before a judge or other officer authorised by law to
exercise judicial power and shall be entitled to trial within a reasonable time or to release
pending trial. Release may be conditioned by guarantees to appear for trial.
4. Everyone who is deprived of his liberty by arrest or detention shall be entitled to take
proceedings by which the lawfulness of his detention shall be decided speedily by a court and
his release ordered if the detention is not lawful.
5. Everyone who has been the victim of arrest or detention in contravention of the provisions
of this Article shall have an enforceable right to compensation.

Means you have a right…

– To speedy access to a court and to be released if your detention is found to be unlawful

– If arrested, to be informed of the reasons for that arrest in a language you understand

– To receive compensation if you are the victim of unlawful arrest or detention

Article 6

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Right to a fair trial

1. In the determination of his civil rights and obligations or of any criminal charge against
him, everyone is entitled to a fair and public hearing within a reasonable time by an
independent and impartial tribunal established by law. Judgment shall be pronounced
publicly but the press and public may be excluded from all or part of the trial in the interests
of morals, public order or national security in a democratic society, where the interests of
juveniles or the protection of the private life of the parties so require, or to the extent strictly
necessary in the opinion of the court in special circumstances where publicity would
prejudice the interests of justice.
2. Everyone charged with a criminal offence shall be presumed innocent until proved guilty
according to law.
3. Everyone charged with a criminal offence has the following minimum rights:
(a) to be informed promptly, in a language which he understands and in detail, of the nature
and cause of the accusation against him;
(b) to have adequate time and facilities for the preparation of his defence;
(c) to defend himself in person or through legal assistance of his own choosing or, if he has
not sufficient means to pay for legal assistance, to be given it free when the interests of
justice so require;
(d) to examine or have examined witnesses against him and to obtain the attendance and
examination of witnesses on his behalf under the same conditions as witnesses against him;
(e) to have the free assistance of an interpreter if he cannot understand or speak the
language used in court.

Means you have a right…

– To get a fair trial in criminal and non-criminal (civil) cases

– To be presumed innocent until proved guilty

– To have adequate time and facilities to prepare your defence

– To choose legal assistance

– To receive free legal assistance if you cannot afford it and it is necessary in the interests of
justice

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Article 7
No punishment without law

1. No one shall be held guilty of any criminal offence on account of any act or omission
which did not constitute a criminal 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 criminal offence was committed.
2. This Article shall not prejudice the trial and punishment of any person for any act or
omission which, at the time when it was committed, was criminal according to the general
principles of law recognised by civilised nations.

Means you have a right…

– To only be charged with criminal offences which are clear in law

– To not be held guilty of a crime if there was no law against it when you did it.

– Not to receive a harsher penalty than one that was applicable at the time an offence was
committed

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Article 8
Right to respect for private and family life

1. Everyone has the right to respect for his private and family life, his home and his
correspondence.
2. There shall be no interference by a public authority with the exercise of this right except
such as is in accordance with the law and is necessary in a democratic society in the
interests of national security, public safety or the economic wellbeing of the country, for the
prevention of disorder or crime, for the protection of health or morals, or for the protection
of the rights and freedoms of others.

Means you have a right…

– To privacy, for example of your private correspondence (emails, letters, telephone

messages)

– In certain circumstances to make the state take positive steps to protect your privacy or
family life

– To respect for your family (especially the interests of children) in immigration and
deportation matters

Article 8 is a “qualified right”, which means your right to family life and privacy can
lawfully be interfered with if it is in the interests of, for example, national security, public
safety or the protection of rights and freedoms of others.

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Article 9
Freedom of thought, conscience and religion

1. 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 worship, teaching,
practice and observance.
2. Freedom to manifest one’s religion or beliefs shall be subject only to such limitations as
are prescribed by law and are necessary in a democratic society in the interests of public
safety, for the protection of public order, health or morals, or for the protection of the rights
and freedoms of others.

Means you have a right…

– To have the law protect your right to hold certain beliefs

– To show commitment to your beliefs through worship and teaching, in private and in public

– Article 9 is a “qualified right”, which means your right to freedom of thought, conscience
and religion can lawfully be interfered with if it is in the interests of, for example, public
safety or the protection of rights and freedoms of others.

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Article 10
Freedom of expression

1. Everyone has the right to freedom of expression. This right shall include freedom to hold
opinions and to receive and impart information and ideas without interference by public
authority and regardless of frontiers. This Article shall not prevent States from requiring the
licensing of broadcasting, television or cinema enterprises.

2. The exercise of these freedoms, since it carries with it duties and responsibilities, may be
subject to such formalities, conditions, restrictions or penalties as are prescribed by law and
are necessary in a democratic society, in the interests of national security, territorial
integrity or public safety, for the prevention of disorder or crime, for the protection of health
or morals, for the protection of the reputation or rights of others, for preventing the
disclosure of information received in confidence, or for maintaining the authority and
impartiality of the judiciary.

Means you have a right…

– To hold and express opinions

– To receive and share information and ideas

– To express opinions which others might find offensive or shocking

Article 10 is a “qualified right”, which means your right to freedom of thought, conscience
and religion can lawfully be interfered with if it is in the interests of, for example, public
safety or the protection of rights and freedoms of others.

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Article 11
Freedom of assembly and association

1. Everyone has a right to freedom of association with others, including the right to form and
to join trade unions for the protection of his interests.

2. No restrictions shall be placed on the exercise of these rights other than such as are
prescribed by law and are necessary in a democratic society in the interests of national
security or public safety, for the prevention of disorder or crime, for the protection of health
or morals or for the protection of the rights and freedoms of others. This Article shall not
prevent the imposition of lawful restrictions on the exercise of these rights by members of the
armed forces, of the police or of the administration of the State.

Means you have a right…

– To take part in peaceful protests and demonstrations

– To join with others to achieve a particular goal

– To form trade unions

Article 11 is a “qualified right”, which means your right to free assembly and association can
lawfully be interfered with if it is in the interests of, for example, public safety, the
prevention of disorder or crime, or the protection of rights and freedoms of others.

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Article 12
Right to marry

Men and women of marriageable age have the right to marry and to found a family,
according to the national laws governing the exercise of this right.

Means you have a right…

– To marry whom you like (although states remain free to define their own laws on same-sex
marriage)

– If you are transgender and have transitioned, to marry someone of the opposite gender.

– To start a family

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Article 13
Right to an effective remedy

Everyone whose rights and freedoms as set forth in this Convention are violated shall have
an effective remedy before a national authority notwithstanding that the violation has been
committed by persons acting in an official capacity.

Means you have a right…

– To get a remedy if you rights have been breached, which can be granted by the state or, if
necessary, by the courts

– To expect the government to make it possible for you to get a remedy through the courts if
your rights are violated

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Article 14
Prohibition of discrimination

The enjoyment of the rights and freedoms set forth in this Convention shall be secured
without discrimination on any ground such as sex, race, colour, language, religion, political
or other opinion, national or social origin, association with a national minority, property,
birth or other status.

Means you have a right…

– To equal treatment in the exercise of your other rights

– To special protection against discrimination on many grounds, including gender, race and
sexual orientation

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Article 1 of Protocol 1
Protection of property

Every natural or legal person is entitled to the peaceful enjoyment of his possessions. No one
shall be deprived of his possessions except in the public interest and subject to the conditions
provided for by law and by the general principles of international law.
The preceding provisions shall not, however, in any way impair the right of a State to enforce
such laws as it deems necessary to control the use of property in accordance with the general
interest or to secure the payment of taxes or other contributions or penalties.

Means you have a right…

– To peacefully enjoy your property

– Not to have your possessions taken from you except in certain circumstances

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Article 2 of Protocol 1
Right to education

No person shall be denied the right to education. In the exercise of any functions which it
assumes in relation to education and to teaching, the State shall respect the right of parents
to ensure such education and teaching in conformity with their own religious and
philosophical convictions.

Means you have a right…

– To access education at existing institutions

– To choose a stream of education, including religious or private education

– To equality in education

Article 3 of Protocol 1
Right to free elections

The High Contracting Parties undertake to hold free elections at reasonable intervals by
secret ballot, under conditions which will ensure the free expression of the opinion of the
people in the choice of the legislature.

Means you have a right…

– To vote in elections and have a say in the choice of the government and parliament, subject
to some restrictions

– To stand for election

AMERICAN CONVENTION ON HUMAN RIGHTS

(Adopted at the Inter-American Specialized Conference on Human Rights,

San José, Costa Rica, 22 November 1969)

Preamble

The American states signatory to the present Convention,

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Reaffirming their intention to consolidate in this hemisphere, within the framework of

democratic institutions, a system of personal liberty and social justice based on respect for
the essential rights of man;

Recognizing that the essential rights of man are not derived from one's being a
national of a certain state, but are based upon attributes of the human personality, and that
they therefore justify international protection in the form of a convention reinforcing or
complementing the protection provided by the domestic law of the American states;

Considering that these principles have been set forth in the Charter of the
Organization of American States, in the American Declaration of the Rights and Duties of
Man, and in the Universal Declaration of Human Rights, and that they have been reaffirmed
and refined in other international instruments, worldwide as well as regional in scope;

Reiterating that, in accordance with the Universal Declaration of Human Rights, the
ideal of free men enjoying freedom from fear and want can be achieved only if conditions are
created whereby everyone may enjoy his economic, social, and cultural rights, as well as his
civil and political rights; and

Considering that the Third Special Inter-American Conference (Buenos Aires, 1967)
approved the incorporation into the Charter of the Organization itself of broader standards
with respect to economic, social, and educational rights and resolved that an inter-American
convention on human rights should determine the structure, competence, and procedure of
the organs responsible for these matters,

Have agreed upon the following:

PART I - STATE OBLIGATIONS AND RIGHTS PROTECTED

CHAPTER I - GENERAL OBLIGATIONS

Article 1. Obligation to Respect Rights

1. The States Parties to this Convention undertake to respect the rights and
freedoms recognized herein and to ensure to all persons subject to their jurisdiction the free
and full exercise of those rights and freedoms, without any discrimination for reasons of race,
color, sex, language, religion, political or other opinion, national or social origin, economic
status, birth, or any other social condition.

2. For the purposes of this Convention, "person" means every human being.

Article 2. Domestic Legal Effects

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Where the exercise of any of the rights or freedoms referred to in Article 1 is not
already ensured by legislative or other provisions, the States Parties undertake to adopt, in
accordance with their constitutional processes and the provisions of this Convention, such
legislative or other measures as may be necessary to give effect to those rights or freedoms.

CHAPTER II - CIVIL AND POLITICAL RIGHTS

Article 3. Right to Juridical Personality

Every person has the right to recognition as a person before the law.

Article 4. Right to Life

1. Every person has the right to have his life respected. This right shall be protected
by law and, in general, from the moment of conception. No one shall be arbitrarily deprived
of his life.

2. In countries that have not abolished the death penalty, it may be imposed only for
the most serious crimes and pursuant to a final judgment rendered by a competent court and
in accordance with a law establishing such punishment, enacted prior to the commission of
the crime. The application of such punishment shall not be extended to crimes to which it
does not presently apply.

3. The death penalty shall not be reestablished in states that have abolished it.

4. In no case shall capital punishment be inflicted for political offenses or related

common crimes.

5. Capital punishment shall not be imposed upon persons who, at the time the crime
was committed, were under 18 years of age or over 70 years of age; nor shall it be applied to
pregnant women.

6. Every person condemned to death shall have the right to apply for amnesty,
pardon, or commutation of sentence, which may be granted in all cases. Capital punishment
shall not be imposed while such a petition is pending decision by the competent authority.

Article 5. Right to Humane Treatment

1. Every person has the right to have his physical, mental, and moral integrity
respected.

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

punishment or treatment. All persons deprived of their liberty shall be treated with respect for
the inherent dignity of the human person.

3. Punishment shall not be extended to any person other than the criminal.

4. Accused persons shall, save in exceptional circumstances, be segregated from

convicted persons, and shall be subject to separate treatment appropriate to their status as
unconvicted persons.

5. Minors while subject to criminal proceedings shall be separated from adults and
brought before specialized tribunals, as speedily as possible, so that they may be treated in
accordance with their status as minors.

6. Punishments consisting of deprivation of liberty shall have as an essential aim the

reform and social readaptation of the prisoners.

Article 6. Freedom from Slavery

1. No one shall be subject to slavery or to involuntary servitude, which are

prohibited in all their forms, as are the slave trade and traffic in women.

2. No one shall be required to perform forced or compulsory labor. This provision

shall not be interpreted to mean that, in those countries in which the penalty established for
certain crimes is deprivation of liberty at forced labor, the carrying out of such a sentence
imposed by a competent court is prohibited. Forced labor shall not adversely affect the
dignity or the physical or intellectual capacity of the prisoner.

3. For the purposes of this article, the following do not constitute forced or
compulsory labor:

a. work or service normally required of a person imprisoned in execution of a sentence or

formal decision passed by the competent judicial authority. Such work or service shall be
carried out under the supervision and control of public authorities, and any persons
performing such work or service shall not be placed at the disposal of any private party,
company, or juridical person;

b. military service and, in countries in which conscientious objectors are recognized, national
service that the law may provide for in lieu of military service;

c. service exacted in time of danger or calamity that threatens the existence or the well-being
of the community; or
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d. work or service that forms part of normal civic obligations.

Article 7. Right to Personal Liberty

1. Every person has the right to personal liberty and security.

2. No one shall be deprived of his physical liberty except for the reasons and under
the conditions established beforehand by the constitution of the State Party concerned or by a
law established pursuant thereto.

3. No one shall be subject to arbitrary arrest or imprisonment.

4. Anyone who is detained shall be informed of the reasons for his detention and
shall be promptly notified of the charge or charges against him.

5. Any person detained shall be brought promptly before a judge or other officer
authorized by law to exercise judicial power and shall be entitled to trial within a reasonable
time or to be released without prejudice to the continuation of the proceedings. His release
may be subject to guarantees to assure his appearance for trial.

6. Anyone who is deprived of his liberty shall be entitled to recourse to a competent

court, in order that the court may decide without delay on the lawfulness of his arrest or
detention and order his release if the arrest or detention is unlawful. In States Parties whose
laws provide that anyone who believes himself to be threatened with deprivation of his
liberty is entitled to recourse to a competent court in order that it may decide on the
lawfulness of such threat, this remedy may not be restricted or abolished. The interested party
or another person in his behalf is entitled to seek these remedies.

7. No one shall be detained for debt. This principle shall not limit the orders of a
competent judicial authority issued for nonfulfillment of duties of support.

Article 8. Right to a Fair Trial

1. Every person has the right to a hearing, with due guarantees and within a
reasonable time, by a competent, independent, and impartial tribunal, previously established
by law, in the substantiation of any accusation of a criminal nature made against him or for
the determination of his rights and obligations of a civil, labor, fiscal, or any other nature.

2. Every person accused of a criminal offense has the right to be presumed innocent
so long as his guilt has not been proven according to law. During the proceedings, every
person is entitled, with full equality, to the following minimum guarantees:

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a. the right of the accused to be assisted without charge by a translator or interpreter, if he

does not understand or does not speak the language of the tribunal or court;

b. prior notification in detail to the accused of the charges against him;

c. adequate time and means for the preparation of his defense;

d. the right of the accused to defend himself personally or to be assisted by legal counsel of
his own choosing, and to communicate freely and privately with his counsel;

e. the inalienable right to be assisted by counsel provided by the state, paid or not as the
domestic law provides, if the accused does not defend himself personally or engage his own
counsel within the time period established by law;

f. the right of the defense to examine witnesses present in the court and to obtain the
appearance, as witnesses, of experts or other persons who may throw light on the facts;

g. the right not to be compelled to be a witness against himself or to plead guilty; and

h. the right to appeal the judgment to a higher court.

3. A confession of guilt by the accused shall be valid only if it is made without

coercion of any kind.

4. An accused person acquitted by a nonappealable judgment shall not be subjected

to a new trial for the same cause.

5. Criminal proceedings shall be public, except insofar as may be necessary to

protect the interests of justice.

Article 9. Freedom from Ex Post Facto Laws

No one shall be convicted of any act or omission that did not constitute a criminal
offense, under the applicable law, at the time it was committed. A heavier penalty shall not
be imposed than the one that was applicable at the time the criminal offense was committed.
If subsequent to the commission of the offense the law provides for the imposition of a
lighter punishment, the guilty person shall benefit therefrom.

Article 10. Right to Compensation

Every person has the right to be compensated in accordance with the law in the event
he has been sentenced by a final judgment through a miscarriage of justice.
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Article 11. Right to Privacy

1. Everyone has the right to have his honor respected and his dignity recognized.

2. No one may be the object of arbitrary or abusive interference with his private life,
his family, his home, or his correspondence, or of unlawful attacks on his honor or
reputation.

3. Everyone has the right to the protection of the law against such interference or
attacks.

Article 12. Freedom of Conscience and Religion

1. Everyone has the right to freedom of conscience and of religion. This right
includes freedom to maintain or to change one's religion or beliefs, and freedom to profess or
disseminate one's religion or beliefs, either individually or together with others, in public or
in private.

2. No one shall be subject to restrictions that might impair his freedom to maintain
or to change his religion or beliefs.

3. Freedom to manifest one's religion and beliefs may be subject only to the
limitations prescribed by law that are necessary to protect public safety, order, health, or
morals, or the rights or freedoms of others.

4. Parents or guardians, as the case may be, have the right to provide for the
religious and moral education of their children or wards that is in accord with their own
convictions.

Article 13. Freedom of Thought and Expression

1. Everyone has the right to freedom of thought and expression. This right includes
freedom to seek, receive, and impart information and ideas of all kinds, regardless of
frontiers, either orally, in writing, in print, in the form of art, or through any other medium of
one's choice.

2. The exercise of the right provided for in the foregoing paragraph shall not be
subject to prior censorship but shall be subject to subsequent imposition of liability, which
shall be expressly established by law to the extent necessary to ensure:

a. respect for the rights or reputations of others; or

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b. the protection of national security, public order, or public health or morals.

3. The right of expression may not be restricted by indirect methods or means, such
as the abuse of government or private controls over newsprint, radio broadcasting
frequencies, or equipment used in the dissemination of information, or by any other means
tending to impede the communication and circulation of ideas and opinions.

4. Notwithstanding the provisions of paragraph 2 above, public entertainments may

be subject by law to prior censorship for the sole purpose of regulating access to them for the
moral protection of childhood and adolescence.

5. Any propaganda for war and any advocacy of national, racial, or religious hatred
that constitute incitements to lawless violence or to any other similar action against any
person or group of persons on any grounds including those of race, color, religion, language,
or national origin shall be considered as offenses punishable by law.

Article 14. Right of Reply

1. Anyone injured by inaccurate or offensive statements or ideas disseminated to the

public in general by a legally regulated medium of communication has the right to reply or to
make a correction using the same communications outlet, under such conditions as the law
may establish.

2. The correction or reply shall not in any case remit other legal liabilities that may
have been incurred.

3. For the effective protection of honor and reputation, every publisher, and every
newspaper, motion picture, radio, and television company, shall have a person responsible
who is not protected by immunities or special privileges.

Article 15. Right of Assembly

The right of peaceful assembly, without arms, is recognized. No restrictions may be

placed on the exercise of this right other than those imposed in conformity with the law and
necessary in a democratic society in the interest of national security, public safety or public
order, or to protect public health or morals or the rights or freedom of others.

Article 16. Freedom of Association

1. Everyone has the right to associate freely for ideological, religious, political,
economic, labor, social, cultural, sports, or other purposes.

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2. The exercise of this right shall be subject only to such restrictions established by
law as may be necessary in a democratic society, in the interest of national security, public
safety or public order, or to protect public health or morals or the rights and freedoms of
others.

3. The provisions of this article do not bar the imposition of legal restrictions,
including even deprivation of the exercise of the right of association, on members of the
armed forces and the police.

Article 17. Rights of the Family

1. The family is the natural and fundamental group unit of society and is entitled to
protection by society and the state.

2. The right of men and women of marriageable age to marry and to raise a family
shall be recognized, if they meet the conditions required by domestic laws, insofar as such
conditions do not affect the principle of nondiscrimination established in this Convention.

3. No marriage shall be entered into without the free and full consent of the
intending spouses.

4. The States Parties shall take appropriate steps to ensure the equality of rights and
the adequate balancing of responsibilities of the spouses as to marriage, during marriage, and
in the event of its dissolution. In case of dissolution, provision shall be made for the
necessary protection of any children solely on the basis of their own best interests.

5. The law shall recognize equal rights for children born out of wedlock and those
born in wedlock.

Article 18. Right to a Name

Every person has the right to a given name and to the surnames of his parents or that
of one of them. The law shall regulate the manner in which this right shall be ensured for all,
by the use of assumed names if necessary.

Article 19. Rights of the Child

Every minor child has the right to the measures of protection required by his
condition as a minor on the part of his family, society, and the state.

Article 20. Right to Nationality

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1. Every person has the right to a nationality.

2. Every person has the right to the nationality of the state in whose territory he was
born if he does not have the right to any other nationality.

3. No one shall be arbitrarily deprived of his nationality or of the right to change it.

Article 21. Right to Property

1. Everyone has the right to the use and enjoyment of his property. The law may
subordinate such use and enjoyment to the interest of society.

2. No one shall be deprived of his property except upon payment of just

compensation, for reasons of public utility or social interest, and in the cases and according
to the forms established by law.

3. Usury and any other form of exploitation of man by man shall be prohibited by
law.

Article 22. Freedom of Movement and Residence

1. Every person lawfully in the territory of a State Party has the right to move about
in it, and to reside in it subject to the provisions of the law.

2. Every person has the right lo leave any country freely, including his own.

3. The exercise of the foregoing rights may be restricted only pursuant to a law to
the extent necessary in a democratic society to prevent crime or to protect national security,
public safety, public order, public morals, public health, or the rights or freedoms of others.

4. The exercise of the rights recognized in paragraph 1 may also be restricted by

law in designated zones for reasons of public interest.

5. No one can be expelled from the territory of the state of which he is a national or
be deprived of the right to enter it.

6. An alien lawfully in the territory of a State Party to this Convention may be

expelled from it only pursuant to a decision reached in accordance with law.

7. Every person has the right to seek and be granted asylum in a foreign territory, in
accordance with the legislation of the state and international conventions, in the event he is
being pursued for political offenses or related common crimes.
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8. In no case may an alien be deported or returned to a country, regardless of

whether or not it is his country of origin, if in that country his right to life or personal
freedom is in danger of being violated because of his race, nationality, religion, social status,
or political opinions.

9. The collective expulsion of aliens is prohibited.

Article 23. Right to Participate in Government

1. Every citizen shall enjoy the following rights and opportunities:

a. to take part in the conduct of public affairs, directly or through freely chosen
representatives;

b. to vote and to be elected in genuine periodic elections, which shall be by universal and
equal suffrage and by secret ballot that guarantees the free expression of the will of the
voters; and

c. to have access, under general conditions of equality, to the public service of his country.

2. The law may regulate the exercise of the rights and opportunities referred to in
the preceding paragraph only on the basis of age, nationality, residence, language, education,
civil and mental capacity, or sentencing by a competent court in criminal proceedings.

Article 24. Right to Equal Protection

All persons are equal before the law. Consequently, they are entitled, without
discrimination, to equal protection of the law.

Article 25. Right to Judicial Protection

1. Everyone has the right to simple and prompt recourse, or any other effective
recourse, to a competent court or tribunal for protection against acts that violate his
fundamental rights recognized by the constitution or laws of the state concerned or by this
Convention, even though such violation may have been committed by persons acting in the
course of their official duties.

2. The States Parties undertake:

a. to ensure that any person claiming such remedy shall have his rights determined by the
competent authority provided for by the legal system of the state;

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b. to develop the possibilities of judicial remedy; and

c. to ensure that the competent authorities shall enforce such remedies when granted.

CHAPTER III - ECONOMIC, SOCIAL, AND CULTURAL RIGHTS

Article 26. Progressive Development

The States Parties undertake to adopt measures, both internally and through
international cooperation, especially those of an economic and technical nature, with a view
to achieving progressively, by legislation or other appropriate means, the full realization of
the rights implicit in the economic, social, educational, scientific, and cultural standards set
forth in the Charter of the Organization of American States as amended by the Protocol of
Buenos Aires.

CHAPTER IV - SUSPENSION OF GUARANTEES, INTERPRETATION, AND

APPLICATION

Article 27. Suspension of Guarantees

1. In time of war, public danger, or other emergency that threatens the

independence or security of a State Party, it may take measures derogating from its
obligations under the present Convention to the extent and for the period of time strictly
required by the exigencies of the situation, provided that such measures are not inconsistent
with its other obligations under international law and do not involve discrimination on the
ground of race, color, sex, language, religion, or social origin.

2. The foregoing provision does not authorize any suspension of the following
articles: Article 3 (Right to Juridical Personality), Article 4 (Right to Life), Article 5 (Right
to Humane Treatment), Article 6 (Freedom from Slavery), Article 9 (Freedom from Ex Post
Facto Laws), Article 12 (Freedom of Conscience and Religion), Article 17 (Rights of the
Family), Article 18 (Right to a Name), Article 19 (Rights of the Child), Article 20 (Right to
Nationality), and Article 23 (Right to Participate in Government), or of the judicial
guarantees essential for the protection of such rights.

3. Any State Party availing itself of the right of suspension shall immediately
inform the other States Parties, through the Secretary General of the Organization of
American States, of the provisions the application of which it has suspended, the reasons that
gave rise to the suspension, and the date set for the termination of such suspension.

Article 28. Federal Clause

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1. Where a State Party is constituted as a federal state, the national government of

such State Party shall implement all the provisions of the Convention over whose subject
matter it exercises legislative and judicial jurisdiction.

2. With respect to the provisions over whose subject matter the constituent units of
the federal state have jurisdiction, the national government shall immediately take suitable
measures, in accordance with its constitution and its laws, to the end that the competent
authorities of the constituent units may adopt appropriate provisions for the fulfillment of this
Convention.

3. Whenever two or more States Parties agree to form a federation or other type of
association, they shall take care that the resulting federal or other compact contains the
provisions necessary for continuing and rendering effective the standards of this Convention
in the new state that is organized.

Article 29. Restrictions Regarding Interpretation

No provision of this Convention shall be interpreted as:

a. permitting any State Party, group, or person to suppress the enjoyment or exercise of the
rights and freedoms recognized in this Convention or to restrict them to a greater extent than
is provided for herein;

b. restricting the enjoyment or exercise of any right or freedom recognized by virtue of the
laws of any State Party or by virtue of another convention to which one of the said states is a
party;

c. precluding other rights or guarantees that are inherent in the human personality or
derived from representative democracy as a form of government; or

d. excluding or limiting the effect that the American Declaration of the Rights and Duties
of Man and other international acts of the same nature may have.

Article 30. Scope of Restrictions

The restrictions that, pursuant to this Convention, may be placed on the enjoyment or
exercise of the rights or freedoms recognized herein may not be applied except in accordance
with laws enacted for reasons of general interest and in accordance with the purpose for
which such restrictions have been established.

Article 31. Recognition of Other Rights

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Other rights and freedoms recognized in accordance with the procedures established
in Articles 76 and 77 may be included in the system of protection of this Convention.

CHAPTER V - PERSONAL RESPONSIBILITIES

Article 32. Relationship between Duties and Rights

1. Every person has responsibilities to his family, his community, and mankind.

2. The rights of each person are limited by the rights of others, by the security of all,
and by the just demands of the general welfare, in a democratic society.

PART II - MEANS OF PROTECTION

CHAPTER VI - COMPETENT ORGANS

Article 33

The following organs shall have competence with respect to matters relating to the
fulfillment of the commitments made by the States Parties to this Convention:

a. the Inter-American Commission on Human Rights, referred to as "The Commission;"

and

b. the Inter-American Court of Human Rights, referred to as "The Court."

CHAPTER VII - INTER-AMERICAN COMMISSION ON HUMAN RIGHTS

Section 1. Organization

Article 34

The Inter-American Commission on Human Rights shall be composed of seven

members, who shall be persons of high moral character and recognized competence in the
field of human rights.

Article 35

The Commission shall represent all the member countries of the Organization of
American States.

Article 36
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1. The members of the Commission shall be elected in a personal capacity by the

General Assembly of the Organization from a list of candidates proposed by the governments
of the member states.

2. Each of those governments may propose up to three candidates, who may be

nationals of the states proposing them or of any other member state of the Organization of
American States. When a slate of three is proposed, at least one of the candidates shall be a
national of a state other than the one proposing the slate.

Article 37

1. The members of the Commission shall be elected for a term of four years and
may be reelected only once, but the terms of three of the members chosen in the first election
shall expire at the end of two years. Immediately following that election the General
Assembly shall determine the names of those three members by lot.

2. No two nationals of the same state may be members of the Commission.

Article 38

Vacancies that may occur on the Commission for reasons other than the normal
expiration of a term shall be filled by the Permanent Council of the Organization in
accordance with the provisions of the Statute of the Commission.

Article 39

The Commission shall prepare its Statute, which it shall submit to the General
Assembly for approval. It shall establish its own Regulations.

Article 40

Secretariat services for the Commission shall be furnished by the appropriate

specialized unit of the General Secretariat of the Organization. This unit shall be provided
with the resources required to accomplish the tasks assigned to it by the Commission.

Section 2. Functions

Article 41

The main function of the Commission shall be to promote respect for and defense of
human rights. In the exercise of its mandate, it shall have the following functions and
powers:
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a. to develop an awareness of human rights among the peoples of America;

b. to make recommendations to the governments of the member states, when it considers

such action advisable, for the adoption of progressive measures in favor of human rights
within the framework of their domestic law and constitutional provisions as well as
appropriate measures to further the observance of those rights;

c. to prepare such studies or reports as it considers advisable in the performance of its

duties;

d. to request the governments of the member states to supply it with information on the
measures adopted by them in matters of human rights;

e. to respond, through the General Secretariat of the Organization of American States, to

inquiries made by the member states on matters related to human rights and, within the limits
of its possibilities, to provide those states with the advisory services they request;

f. to take action on petitions and other communications pursuant to its authority under the
provisions of Articles 44 through 51 of this Convention; and

g. to submit an annual report to the General Assembly of the Organization of American

States.

Article 42

The States Parties shall transmit to the Commission a copy of each of the reports and
studies that they submit annually to the Executive Committees of the Inter-American
Economic and Social Council and the Inter-American Council for Education, Science, and
Culture, in their respective fields, so that the Commission may watch over the promotion of
the rights implicit in the economic, social, educational, scientific, and cultural standards set
forth in the Charter of the Organization of American States as amended by the Protocol of
Buenos Aires.

Article 43

The States Parties undertake to provide the Commission with such information as it
may request of them as to the manner in which their domestic law ensures the effective
application of any provisions of this Convention.

Section 3. Competence

Article 44
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Any person or group of persons, or any nongovernmental entity legally recognized in

one or more member states of the Organization, may lodge petitions with the Commission
containing denunciations or complaints of violation of this Convention by a State Party.

Article 45

1. Any State Party may, when it deposits its instrument of ratification of or

adherence to this Convention, or at any later time, declare that it recognizes the competence
of the Commission to receive and examine communications in which a State Party alleges
that another State Party has committed a violation of a human right set forth in this
Convention.

2. Communications presented by virtue of this article may be admitted and

examined only if they are presented by a State Party that has made a declaration recognizing
the aforementioned competence of the Commission. The Commission shall not admit any
communication against a State Party that has not made such a declaration.

3. A declaration concerning recognition of competence may be made to be valid for

an indefinite time, for a specified period, or for a specific case.

4. Declarations shall be deposited with the General Secretariat of the Organization

of American States, which shall transmit copies thereof to the member states of that
Organization.

Article 46

1. Admission by the Commission of a petition or communication lodged in

accordance with Articles 44 or 45 shall be subject to the following requirements:

a. that the remedies under domestic law have been pursued and exhausted in accordance
with generally recognized principles of international law;

b. that the petition or communication is lodged within a period of six months from the date
on which the party alleging violation of his rights was notified of the final judgment;

c. that the subject of the petition or communication is not pending in another international
proceeding for settlement; and

d. that, in the case of Article 44, the petition contains the name, nationality, profession,
domicile, and signature of the person or persons or of the legal representative of the entity
lodging the petition.

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2. The provisions of paragraphs 1.a and 1.b of this article shall not be applicable
when:

a. the domestic legislation of the state concerned does not afford due process of law for the
protection of the right or rights that have allegedly been violated;

b. the party alleging violation of his rights has been denied access to the remedies under
domestic law or has been prevented from exhausting them; or

c. there has been unwarranted delay in rendering a final judgment under the
aforementioned remedies.

Article 47

The Commission shall consider inadmissible any petition or communication

submitted under Articles 44 or 45 if:

a. any of the requirements indicated in Article 46 has not been met;

b. the petition or communication does not state facts that tend to establish a violation of the
rights guaranteed by this Convention;

c. the statements of the petitioner or of the state indicate that the petition or communication
is manifestly groundless or obviously out of order; or

d. the petition or communication is substantially the same as one previously studied by the
Commission or by another international organization.

Section 4. Procedure

Article 48

1. When the Commission receives a petition or communication alleging violation

of any of the rights protected by this Convention, it shall proceed as follows:

a. If it considers the petition or communication admissible, it shall request information

from the government of the state indicated as being responsible for the alleged violations and
shall furnish that government a transcript of the pertinent portions of the petition or
communication. This information shall be submitted within a reasonable period to be
determined by the Commission in accordance with the circumstances of each case.

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b. After the information has been received, or after the period established has elapsed and
the information has not been received, the Commission shall ascertain whether the grounds
for the petition or communication still exist. If they do not, the Commission shall order the
record to be closed.

c. The Commission may also declare the petition or communication inadmissible or out of
order on the basis of information or evidence subsequently received.

d. If the record has not been closed, the Commission shall, with the knowledge of the
parties, examine the matter set forth in the petition or communication in order to verify the
facts. If necessary and advisable, the Commission shall carry out an investigation, for the
effective conduct of which it shall request, and the states concerned shall furnish to it, all
necessary facilities.

e. The Commission may request the states concerned to furnish any pertinent information
and, if so requested, shall hear oral statements or receive written statements from the parties
concerned.

f. The Commission shall place itself at the disposal of the parties concerned with a view to
reaching a friendly settlement of the matter on the basis of respect for the human rights
recognized in this Convention.

2. However, in serious and urgent cases, only the presentation of a petition or

communication that fulfills all the formal requirements of admissibility shall be necessary in
order for the Commission to conduct an investigation with the prior consent of the state in
whose territory a violation has allegedly been committed.

Article 49

If a friendly settlement has been reached in accordance with paragraph 1.f of Article
48, the Commission shall draw up a report, which shall be transmitted to the petitioner and to
the States Parties to this Convention, and shall then be communicated to the Secretary
General of the Organization of American States for publication. This report shall contain a
brief statement of the facts and of the solution reached. If any party in the case so requests,
the fullest possible information shall be provided to it.

Article 50

1. If a settlement is not reached, the Commission shall, within the time limit
established by its Statute, draw up a report setting forth the facts and stating its conclusions.
If the report, in whole or in part, does not represent the unanimous agreement of the members
of the Commission, any member may attach to it a separate opinion. The written and oral
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statements made by the parties in accordance with paragraph 1.e of Article 48 shall also be
attached to the report.

2. The report shall be transmitted to the states concerned, which shall not be at
liberty to publish it.

3. In transmitting the report, the Commission may make such proposals and
recommendations as it sees fit.

Article 51

1. If, within a period of three months from the date of the transmittal of the report of
the Commission to the states concerned, the matter has not either been settled or submitted
by the Commission or by the state concerned to the Court and its jurisdiction accepted, the
Commission may, by the vote of an absolute majority of its members, set forth its opinion
and conclusions concerning the question submitted for its consideration.

2. Where appropriate, the Commission shall make pertinent recommendations and

shall prescribe a period within which the state is to take the measures that are incumbent
upon it to remedy the situation examined.

3. When the prescribed period has expired, the Commission shall decide by the vote
of an absolute majority of its members whether the state has taken adequate measures and
whether to publish its report.

CHAPTER VIII - INTER-AMERICAN COURT OF HUMAN RIGHTS

Section 1. Organization

Article 52

1. The Court shall consist of seven judges, nationals of the member states of the
Organization, elected in an individual capacity from among jurists of the highest moral
authority and of recognized competence in the field of human rights, who possess the
qualifications required for the exercise of the highest judicial functions in conformity with
the law of the state of which they are nationals or of the state that proposes them as
candidates.

2. No two judges may be nationals of the same state.

Article 53

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1. The judges of the Court shall be elected by secret ballot by an absolute majority
vote of the States Parties to the Convention, in the General Assembly of the Organization,
from a panel of candidates proposed by those states.

2. Each of the States Parties may propose up to three candidates, nationals of the
state that proposes them or of any other member state of the Organization of American
States. When a slate of three is proposed, at least one of the candidates shall be a national of
a state other than the one proposing the slate.

Article 54

1. The judges of the Court shall be elected for a term of six years and may be
reelected only once. The term of three of the judges chosen in the first election shall expire at
the end of three years. Immediately after the election, the names of the three judges shall be
determined by lot in the General Assembly.

2. A judge elected to replace a judge whose term has not expired shall complete the
term of the latter.

3. The judges shall continue in office until the expiration of their term. However,
they shall continue to serve with regard to cases that they have begun to hear and that are still
pending, for which purposes they shall not be replaced by the newly elected judges.

Article 55

1. If a judge is a national of any of the States Parties to a case submitted to the

Court, he shall retain his right to hear that case.

2. If one of the judges called upon to hear a case should be a national of one of the
States Parties to the case, any other State Party in the case may appoint a person of its choice
to serve on the Court as an ad hoc judge.

3. If among the judges called upon to hear a case none is a national of any of the
States Parties to the case, each of the latter may appoint an ad hoc judge.

4. An ad hoc judge shall possess the qualifications indicated in Article 52.

5. If several States Parties to the Convention should have the same interest in a case,
they shall be considered as a single party for purposes of the above provisions. In case of
doubt, the Court shall decide.

Article 56
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Five judges shall constitute a quorum for the transaction of business by the Court.

Article 57

The Commission shall appear in all cases before the Court.

Article 58

1. The Court shall have its seat at the place determined by the States Parties to the
Convention in the General Assembly of the Organization; however, it may convene in the
territory of any member state of the Organization of American States when a majority of the
Court considers it desirable, and with the prior consent of the state concerned. The seat of the
Court may be changed by the States Parties to the Convention in the General Assembly by a
two-thirds vote.

2. The Court shall appoint its own Secretary.

3. The Secretary shall have his office at the place where the Court has its seat and
shall attend the meetings that the Court may hold away from its seat.

Article 59

The Court shall establish its Secretariat, which shall function under the direction of
the Secretary of the Court, in accordance with the administrative standards of the General
Secretariat of the Organization in all respects not incompatible with the independence of the
Court. The staff of the Court's Secretariat shall be appointed by the Secretary General of the
Organization, in consultation with the Secretary of the Court.

Article 60

The Court shall draw up its Statute which it shall submit to the General Assembly for
approval. It shall adopt its own Rules of Procedure.

Section 2. Jurisdiction and Functions

Article 61

1. Only the States Parties and the Commission shall have the right to submit a case
to the Court.

2. In order for the Court to hear a case, it is necessary that the procedures set forth
in Articles 48 and 50 shall have been completed.
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Article 62

1. A State Party may, upon depositing its instrument of ratification or adherence to

this Convention, or at any subsequent time, declare that it recognizes as
binding, ipso facto, and not requiring special agreement, the jurisdiction of the Court on all
matters relating to the interpretation or application of this Convention.

2. Such declaration may be made unconditionally, on the condition of reciprocity,

for a specified period, or for specific cases. It shall be presented to the Secretary General of
the Organization, who shall transmit copies thereof to the other member states of the
Organization and to the Secretary of the Court.

3. The jurisdiction of the Court shall comprise all cases concerning the
interpretation and application of the provisions of this Convention that are submitted to it,
provided that the States Parties to the case recognize or have recognized such jurisdiction,
whether by special declaration pursuant to the preceding paragraphs, or by a special
agreement.

Article 63

1. If the Court finds that there has been a violation of a right or freedom protected
by this Convention, the Court shall rule that the injured party be ensured the enjoyment of his
right or freedom that was violated. It shall also rule, if appropriate, that the consequences of
the measure or situation that constituted the breach of such right or freedom be remedied and
that fair compensation be paid to the injured party.

2. In cases of extreme gravity and urgency, and when necessary to avoid irreparable
damage to persons, the Court shall adopt such provisional measures as it deems pertinent in
matters it has under consideration. With respect to a case not yet submitted to the Court, it
may act at the request of the Commission.

Article 64

1. The member states of the Organization may consult the Court regarding the
interpretation of this Convention or of other treaties concerning the protection of human
rights in the American states. Within their spheres of competence, the organs listed in
Chapter X of the Charter of the Organization of American States, as amended by the Protocol
of Buenos Aires, may in like manner consult the Court.

2. The Court, at the request of a member state of the Organization, may provide
that state with opinions regarding the compatibility of any of its domestic laws with the
aforesaid international instruments.
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Article 65

To each regular session of the General Assembly of the Organization of American

States the Court shall submit, for the Assembly's consideration, a report on its work during
the previous year. It shall specify, in particular, the cases in which a state has not complied
with its judgments, making any pertinent recommendations.

Section 3. Procedure

Article 66

1. Reasons shall be given for the judgment of the Court.

2. If the judgment does not represent in whole or in part the unanimous opinion of
the judges, any judge shall be entitled to have his dissenting or separate opinion attached to
the judgment.

Article 67

The judgment of the Court shall be final and not subject to appeal. In case of
disagreement as to the meaning or scope of the judgment, the Court shall interpret it at the
request of any of the parties, provided the request is made within ninety days from the date of
notification of the judgment.

Article 68

1. The States Parties to the Convention undertake to comply with the judgment of
the Court in any case to which they are parties.

2. That part of a judgment that stipulates compensatory damages may be executed

in the country concerned in accordance with domestic procedure governing the execution of
judgments against the state.

Article 69

The parties to the case shall be notified of the judgment of the Court and it shall be
transmitted to the States Parties to the Convention.

CHAPTER IX - COMMON PROVISIONS

Article 70

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1. The judges of the Court and the members of the Commission shall enjoy, from
the moment of their election and throughout their term of office, the immunities extended to
diplomatic agents in accordance with international law. During the exercise of their official
function they shall, in addition, enjoy the diplomatic privileges necessary for the performance
of their duties.

2. At no time shall the judges of the Court or the members of the Commission be
held liable for any decisions or opinions issued in the exercise of their functions.

Article 71

The position of judge of the Court or member of the Commission is incompatible

with any other activity that might affect the independence or impartiality of such judge or
member, as determined in the respective statutes.

Article 72

The judges of the Court and the members of the Commission shall receive
emoluments and travel allowances in the form and under the conditions set forth in their
statutes, with due regard for the importance and independence of their office. Such
emoluments and travel allowances shall be determined in the budget of the Organization of
American States, which shall also include the expenses of the Court and its Secretariat. To
this end, the Court shall draw up its own budget and submit it for approval to the General
Assembly through the General Secretariat. The latter may not introduce any changes in it.

Article 73

The General Assembly may, only at the request of the Commission or the Court, as
the case may be, determine sanctions to be applied against members of the Commission or
judges of the Court when there are justifiable grounds for such action as set forth in the
respective statutes. A vote of a two-thirds majority of the member states of the Organization
shall be required for a decision in the case of members of the Commission and, in the case of
judges of the Court, a two-thirds majority vote of the States Parties to the Convention shall
also be required.

PART III - GENERAL AND TRANSITORY PROVISIONS

CHAPTER X - SIGNATURE, RATIFICATION, RESERVATIONS,

AMENDMENTS, PROTOCOLS, AND DENUNCIATION

Article 74

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1. This Convention shall be open for signature and ratification by or adherence of

any member state of the Organization of American States.

2. Ratification of or adherence to this Convention shall be made by the deposit of an

instrument of ratification or adherence with the General Secretariat of the Organization of
American States. As soon as eleven states have deposited their instruments of ratification or
adherence, the Convention shall enter into force. With respect to any state that ratifies or
adheres thereafter, the Convention shall enter into force on the date of the deposit of its
instrument of ratification or adherence.

3. The Secretary General shall inform all member states of the Organization of the
entry into force of the Convention.

Article 75

This Convention shall be subject to reservations only in conformity with the

provisions of the Vienna Convention on the Law of Treaties signed on May 23, 1969.

Article 76

1. Proposals to amend this Convention may be submitted to the General Assembly

for the action it deems appropriate by any State Party directly, and by the Commission or the
Court through the Secretary General.

2. Amendments shall enter into force for the States ratifying them on the date when
two-thirds of the States Parties to this Convention have deposited their respective instruments
of ratification. With respect to the other States Parties, the amendments shall enter into force
on the dates on which they deposit their respective instruments of ratification.

Article 77

1. In accordance with Article 31, any State Party and the Commission may submit
proposed protocols to this Convention for consideration by the States Parties at the General
Assembly with a view to gradually including other rights and freedoms within its system of
protection.

2. Each protocol shall determine the manner of its entry into force and shall be
applied only among the States Parties to it.

Article 78

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1. The States Parties may denounce this Convention at the expiration of a five-year
period from the date of its entry into force and by means of notice given one year in advance.
Notice of the denunciation shall be addressed to the Secretary General of the Organization,
who shall inform the other States Parties.

2. Such a denunciation shall not have the effect of releasing the State Party
concerned from the obligations contained in this Convention with respect to any act that may
constitute a violation of those obligations and that has been taken by that state prior to the
effective date of denunciation.

CHAPTER XI - TRANSITORY PROVISIONS

Section 1. Inter-American Commission on Human Rights

Article 79

Upon the entry into force of this Convention, the Secretary General shall, in writing,
request each member state of the Organization to present, within ninety days, its candidates
for membership on the Inter-American Commission on Human Rights. The Secretary
General shall prepare a list in alphabetical order of the candidates presented, and transmit it
to the member states of the Organization at least thirty days prior to the next session of the
General Assembly.

Article 80

The members of the Commission shall be elected by secret ballot of the General
Assembly from the list of candidates referred to in Article 79. The candidates who obtain the
largest number of votes and an absolute majority of the votes of the representatives of the
member states shall be declared elected. Should it become necessary to have several ballots
in order to elect all the members of the Commission, the candidates who receive the smallest
number of votes shall be eliminated successively, in the manner determined by the General
Assembly.

Section 2. Inter-American Court of Human Rights

Article 81

Upon the entry into force of this Convention, the Secretary General shall, in writing,
request each State Party to present, within ninety days, its candidates for membership on the
Inter-American Court of Human Rights. The Secretary General shall prepare a list in
alphabetical order of the candidates presented and transmit it to the States Parties at least
thirty days prior to the next session of the General Assembly.
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Article 82

The judges of the Court shall be elected from the list of candidates referred to in
Article 81, by secret ballot of the States Parties to the Convention in the General Assembly.
The candidates who obtain the largest number of votes and an absolute majority of the votes
of the representatives of the States Parties shall be declared elected. Should it become
necessary to have several ballots in order to elect all the judges of the Court, the candidates
who receive the smallest number of votes shall be eliminated successively, in the manner
determined by the States Parties.

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