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Vienna Declaration on Human Rights

The Vienna Declaration and Programme of Action (VDPA) reaffirms commitments to universal human rights and calls for comprehensive protection and promotion of all human rights. It emphasizes that human rights are universal, indivisible, interdependent and equally important. The VDPA connects respect for human rights with democracy, development, and poverty alleviation. It also addresses racism, indigenous peoples, migrant workers, women's rights, and other issues.
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10 views6 pages

Vienna Declaration on Human Rights

The Vienna Declaration and Programme of Action (VDPA) reaffirms commitments to universal human rights and calls for comprehensive protection and promotion of all human rights. It emphasizes that human rights are universal, indivisible, interdependent and equally important. The VDPA connects respect for human rights with democracy, development, and poverty alleviation. It also addresses racism, indigenous peoples, migrant workers, women's rights, and other issues.
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Content

The VDPA reaffirmed the Universal Declaration of Human Rights and the United Nations
Charter. Its Preamble states "The World Conference on Human Rights, Considering that the
promotion and protection of human rights is a matter of priority for the international community,
and that the Conference affords a unique opportunity to carry out a comprehensive analysis of
the international human rights system and of the machinery for the protection of human rights, in
order to enhance and thus promote a fuller observance of those rights, in a just and balanced
manner."

The Preamble also states: "Invoking the spirit of our age and the realities of our time which call
upon the peoples of the world and all States Members of the United Nations to rededicate
themselves to the global task of promoting and protecting all human rights and fundamental
freedoms so as to secure full and universal enjoyment of these rights,"

[edit] Looking Back

The VDPA reflects the fact that the World Conference on Human Rights marks a turning point
for human rights, as the Cold War has ended. The VDPA looks back, with the Preamble stating:
"Recalling also the determination expressed in the Preamble of the Charter of the United Nations
to save succeeding generations from the scourge of war, to establish conditions under which
justice and respect for obligations arising from treaties and other sources of international law can
be maintained, to promote social progress and better standards of life in larger freedom, to
practice tolerance and good neighbourliness, and to employ international machinery for the
promotion of the economic and social advancement of all peoples."

[edit] Human Rights as relevant universal standard

And the VDPA seeks to reaffirm human rights as universal and relevant standard. The Preamble
states: "Emphasizing that the Universal Declaration of Human Rights, which constitutes a
common standard of achievement for all peoples and all nations, is the source of inspiration and
has been the basis for the United Nations in making advances in standard setting as contained in
the existing international human rights instruments, in particular the International Covenant on
Civil and Political Rights and the International Covenant on Economic, Social and Cultural
Rights."

[edit] Human Rights as Indivisible, Interdependent and Interrelated

The VDPA emphasises that all human rights are of equal importance, seeking to end the
qualitative division between civil and political rights and economic, social and cultural rights,
which was pronounced during the Cold War era. Part I, para 5 states that "5. All human rights are
universal, indivisible and interdependent and interrelated. The international community must
treat human rights globally in a fair and equal manner, on the same footing, and with the same
emphasis. While the significance of national and regional particularities and various historical,
cultural and religious backgrounds must be borne in mind, it is the duty of States, regardless of
their political, economic and cultural systems, to promote and protect all human rights and
fundamental freedoms." This phrase is also cited by Declaration of Montreal as well as the
Princple 1 of The Yogyakarta Principles and the Preamble (c) of the Convention on the Rights of
Persons with Disabilities.

[edit] Democracy, Development and Human Rights against Terrorism

The VDPA also draws a direct connection between respect for human rights, democracy and
international development, stating in Part I, para 8 that "8. Democracy, development and respect
for human rights and fundamental freedoms are interdependent and mutually reinforcing.
Democracy is based on the freely expressed will of the people to determine their own political,
economic, social and cultural systems and their full participation in all aspects of their lives. In
the context of the above, the promotion and protection of human rights and fundamental
freedoms at the national and international levels should be universal and conducted without
conditions attached. The international community should support the strengthening and
promoting of democracy, development and respect for human rights and fundamental freedoms
in the entire world." And in Part I, para 17 that "The act, methods and practices of terrorism in all
its form" as well as the drug trafficking "are activities aimed at the destruction of human rights,
fundamental freedom and democracy." and that "the international community should take
necessary steps to enhance cooperation to prevent and combat terrorism."

[edit] Poverty

The VDPA makes a direct link between poverty and the realisation of human rights. Part I, para
14 states: "The existence of widespread extreme poverty inhibits the full and effective enjoyment
of human rights; its immediate alleviation and eventual elimination must remain a high priority
for the international community." The VDPA stops short of declaring poverty a human rights
violation in itself, but states in Part I, para 25 that: "25. The World Conference on Human Rights
affirms that extreme poverty and social exclusion constitute a violation of human dignity and that
urgent steps are necessary to achieve better knowledge of extreme poverty and its causes,
including those related to the problem of development, in order to promote the human rights of
the poorest, and to put an end to extreme poverty and social exclusion and to promote the
enjoyment of the fruits of social progress. It is essential for States to foster participation by the
poorest people in the decision-making process by the community in which they live, the
promotion of human rights and efforts to combat extreme poverty."

[edit] The Right to Development

The VDPA reaffirms the right to development, which is regarded as controversial by some
human rights scholars and UN member states. Part I, para 10 states: "The World Conference on
Human Rights reaffirms the right to development, as established in the Declaration on the Right
to Development, as a universal and inalienable right and an integral part of fundamental human
rights. As stated in the Declaration on the Right to Development, the human person is the central
subject of development. While development facilitates the enjoyment of all human rights, the
lack of development may not be invoked to justify the abridgement of internationally recognized
human rights. States should cooperate with each other in ensuring development and eliminating
obstacles to development. The international community should promote an effective
international cooperation for the realization of the right to development and the elimination of
obstacles to development. Lasting progress towards the implementation of the right to
development requires effective development policies at the national level, as well as equitable
economic relations and a favourable economic environment at the international level." Part I,
para 11 goes on to state: "The right to development should be fulfilled so as to meet equitably the
developmental and environmental needs of present and future generations. The World
Conference on Human Rights recognizes that illicit dumping of toxic and dangerous substances
and waste potentially constitutes a serious threat to the human rights to life and health of
everyone. Consequently, the World Conference on Human Rights calls on all States to adopt and
vigorously implement existing conventions relating to the dumping of toxic and dangerous
products and waste and to cooperate in the prevention of illicit dumping. Everyone has the right
to enjoy the benefits of scientific progress and its applications. The World Conference on Human
Rights notes that certain advances, notably in the biomedical and life sciences as well as in
information technology, may have potentially adverse consequences for the integrity, dignity and
human rights of the individual, and calls for international cooperation to ensure that human rights
and dignity are fully respected in this area of universal concern."

[edit] Against Racism and Xenophobia

In Part II, para 20, the VDPA urges all governments to take immediate measure and to develop
strong policies to prevent and combat all forms and manifestatations of racism, xenophobia or
related intolerance, where necessary by enactment of appropriate legislation, including penal
measure. and also appeals to all States parties to the International Convention on the Elimination
of All Forms of Racial Discrimination to consider making the declaration under article 14 of the
Convention.

[edit] Indigenous people

In Part II, para 29, the VDPA recommends that the Commission on Human Rights consider the
renewal and updating of the mandate of the Working Group on Indigenous Populations upon
complement of the drafting of the Declaration on the Rights of Indigenous Peoples. And further
at para 32, recommend that the General Assembly proclaim an international decade of the
World's indigenous people, to begin from January 1994, including action oriented programmes,
to be decided upon in partnership with indigenous people. An appropriate voluntary trust fund
should be set up for this purpose. In the framework of such a decade, the establishment of a
permanent forum for indigenous peoples in the United Nations system should be considered.

[edit] Rights of Migrant Workers

In Part II, para 34, the VDPA invites States to consider the possibility of signing and ratifying on
the earliest possible time, the United Nations Convention on the Protection of the Rights of All
Migrant Workers and Members of Their Families.

[edit] Women's Rights and Domestic Violence


The VDPA draws attention to the importance of women's rights and the rights of the "girl-child",
Part I, para 18 stating: "The human rights of women and of the girl-child are an inalienable,
integral and indivisible part of universal human rights. The full and equal participation of women
in political, civil, economic, social and cultural life, at the national, regional and international
levels, and the eradication of all forms of discrimination on grounds of sex are priority objectives
of the international community."

The VDPA also explicitly recognising gender-based violence, sexual harassment and
exploitation, with Part I, para 18 going on to state: "Gender-based violence and all forms of
sexual harassment and exploitation, including those resulting from cultural prejudice and
international trafficking, are incompatible with the dignity and worth of the human person, and
must be eliminated. This can be achieved by legal measures and through national action and
international cooperation in such fields as economic and social development, education, safe
maternity and health care, and social support."

The VDPA concludes by proclaiming women's rights and gender-based exploitation as


legitimate issues for the international community. Part I, para 19 concluding that: "The human
rights of women should form an integral part of the United Nations human rights activities,
including the promotion of all human rights instruments relating to women. The World
Conference on Human Rights urges Governments, institutions, intergovernmental and non-
governmental organizations to intensify their efforts for the protection and promotion of human
rights of women and the girl-child."

[edit] The rights of the child

In Part II, para 50, the VDPA strongly supports the proposal that the Secretary General initiate a
study into means of improving the protection of children in armed conflicts. And that
humanitarian norms should be implemented and measures taken in order to protect and facilitate
assistance to children in war zone. Measure should include protection for children against
indiscriminate use of all weapon of war, especially, anti-personnel mines. The need for aftercare
and rehabilitation of children traumatized by war must be addressed urgently.

[edit] Freedom from Torture

In Part II, para 54, the VDAP welcomes the ratification by many Member States of the United
Nations Convention Against Torture and at para 61, also reaffirm that effort to eradicate torture
should, first and foremost, be concentred on prevention and, therefore, calls for early adoption od
an Optional Protocol to the Convention against Torture, which is intended to establish a
preventive system of regular visits to places of detention.

[edit] Enforced disappearances

In Part II, para 62, the VDAP welcoming the adoption by the General Assembly of the
Declaration on the Protection of All Persons from Enforced Disappearance, calls upon all States
to take effective legislative, administrative, judicial on other measure to prevent, terminate and
punish acts of enforced disappearance. This is the origine of the International Convention for the
Protection of All Persons from Enforced Disappearance.

[edit] The Rights of the disabled person

In Part II, para 63, the VDAP reaffirms that all human rights and fundamental freedoms are
universal and thus unreservedly include persons with disabilities. Every person is born equal and
has the same rights to life and welfare, education and work, living independently and active
participation in all aspects of society. Any direct discrimination or other negative discriminatory
treatment of a disabled person is therefore a violation of his or her rights. And at para 64, the
VDAP affirms that the place of disabled person is everywhere. Persons with disabilities should
be guaranteed equal opportunity through the elimination of all socially determined barriers, be
they physical, financial, social or psychological, which exclude or restrict full participation in
society.

[edit] Human Rights, the responsibility of the State

Part I, para 1 of the VDPA starts with "The World Conference on Human Rights reaffirms the
solemn commitment of all States to fulfil their obligations to promote universal respect for, and
observance and protection of, all human rights and fundamental freedoms for all in accordance
with the Charter of the United Nations, other instruments relating to human rights, and
international law. The universal nature of these rights and freedoms is beyond question." The
VDPA acknowledges that international cooperation to realise human rights is vital, Part I, para 1
going on to state: "In this framework, enhancement of international cooperation in the field of
human rights is essential for the full achievement of the purposes of the United Nations."
However, the VDPA firmly places the ultimate responsibility for realising human rights with the
State, or the respective governments, Part I, para 1 concluding that: "Human rights and
fundamental freedoms are the birthright of all human beings; their protection and promotion is
the first responsibility of Governments." Recognising the rising importance of NGOs, the VDPA
states in Part I, para 13: "There is a need for States and international organizations, in
cooperation with non-governmental organizations, to create favourable conditions at the national,
regional and international levels to ensure the full and effective enjoyment of human rights.
States should eliminate all violations of human rights and their causes, as well as obstacles to the
enjoyment of these rights."

[edit] Followup
This section requires expansion.

[edit] United Nations High Commissioner for Human Rights

The VDPA considered the adaptation and strengthening of the United Nations machinery for
human rights, including the question of the establishment of a United Nations High
Commissioner for Human Rights. Part II, para 17 states that "The World Conference on Human
Rights recognizes the necessity for a continuing adaptation of the United Nations human rights
machinery to the current and future needs in the promotion and protection of human rights, as
reflected in the present Declaration... In particular, the United Nations human rights organs
should improve their coordination, efficiency and effectiveness."

Following this the VDPA states, Part II, para 18, that "The World Conference on Human Rights
recommends to the General Assembly that when examining the report of the Conference at its
forty-eighth session, it begin, as a matter of priority, consideration of the question of the
establishment of a High Commissioner for Human Rights for the promotion and protection of all
human rights."

The United Nations General Assembly subsequently created the post of United Nations High
Commissioner for Human Rights on 20 December 1993 (resolution 48/141).

[edit] Country Action Plans

The World Conference on Human Rights recommended that each State consider the desirability
of drawing up a national action plan identifying steps whereby that State would improve the
promotion and protection of human rights. VDPA, Part II, paragraph 71. To such ends, the
Office of the High Commissioner on Human Rights has included field offices and technical
expertise to its mission. Further, the United Nations Development Programme has identified
promotion of national institutions as one of its primary concerns.

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