UNIT=7 UNI ‘VERBAL DECLARATION OF HUMAN RIGHTS jectives oPProduct Lon 7.2.1: Universal Decla: political Rights social a Econonic Rights ernationa. fovenant 5: inten Penalty on Civil and political Rights Try, Rights of Detenus Right to freedom of thou 1 IN sonal covenant adhe ahd expression and Cultural Rights + Social jo: Economic rights ‘yi: Social rights ‘12: cultural rights 33: Conclusion "ys: Questions In'this lesson, we shali deal with the Universal Declaration , i of Human Rights, International Covenant on Civil and Political ‘ Rights and the International Covenant on Economic, Social and et cultural Rights. The objective of this lesson is to give sone understanding about various rights enumerated in these covenants. These rights, form the basis, at various levels, for the laws enacted by most of the states world over. These covenants are expected to guide. the state in the protection of human rights.oy : 4 eee fe NW: RIGHTS? .. - ‘Zi2sdt UNIVERSAL DECLARATE . an Rights is the foundat,, laration of Hum H The Universal Dec! Ls has: bag; hich the modern conception of human righ: n bulig, upon wi ’ ation » has. Adopted on 10th December 1948,» the’ Declaration —— ean thy iodn the organisation, a \ guiding principle for all the statesioin wae ot societies. The Declaration proclaims the ae a i a Comngy standard of achievement: for all. peoples: and-ali nations 2 aim Sf the Declaration te to achieve a world. ins ‘which 2 hunay beings shall enjoy fre: S070, fear and want’. the achievement of these four freedoms has bee : (oProclained as the highest aspiration of the common “people. The, | eee of the, Declaration reflects the Qe" as well as Lberal thought, thi cdom uf speech and belief and freedom fron legacy of socialist every individual and every organ ot @ society should strive to Promote respect for these They e measures to and effective Fecognition ang observance ° rights, should take appropriat Secure universal and Sex, language, religion; + colour, Social origin, 1 of Property, nationa (8| ages Oy article 3 Proclaims that every one is entitled to the life, liberty ana rignt £2 Security of person. The pectaration prohibits servitude and slavery in all forms. Fur- ter, according to tha Paclaration no one should be subjacted to torture or cruel, inhuman degrading treatment or punishmont. article 6 nd 7 state that everyone has the equal right to recognition and protection of law sans discrimination. In the context of increasing repression of the people, article 9 is yery important. It states that no one should be subjected to SS arbitra! arrest, det i a cal It is the responsibility of the state that it should ensure ion or exile. a fair and public hearing by an independent and impartial tribunal in the case of criminal charges against any one. The person accused of criminal charges has tho right to be presumed innocent until proved guilty. No one should be held guilty of any penal offence on account of any act or omission: which did. not constitute a penal offence, under the law, atthe time when it was committed. No one should be imposed heavier Pehalty than the one that was applicable at the time ponal’ offence: was: Committed (articles 10 and 11). The Declaration prohibits in the article 12 the arbi- ; “ary interference of the state or any public agency into the Privagi soc { ivacy, family, home and correspondence of anyone. Everyone has ty Ne tight to protection of the law against arbitrary interference int, ° and attack upon the honour and roputation. 7 >‘ ne right to ‘freedom of: 13 and 14 deal with ¢ i Moy, Articles me ce within the borders of each state and right’, te ent and residence W {es asylum from Persecution. in other countr seek and to enjoy it M ticle 15 says that everyone has ¢ the right to na tonality ang r the right to change his nationality. ; According to the 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 enti, tled to equal rights as to car garriagel during marriage an at its dissolution, It also says that the marriage should be entered into only with the free and full consent of the intending spouses. The family [Link] such is, entitled to protection by society and the state, Everyone has the right to own Property and is entitled t protection by the state. Article 18 assures the right to freedom of t hought, con science and religion; this right includes freedom to, changeont# religion or belief and freedom to practice teach hip an ' Wworsh. observe ones religion : 7 or belief 0wa“ a2 Se see es et eende2] ara rolated to political rights. prticle 19 says that everyone is entitled to freudom of opinion and expression, which includes fraadon to hola opiniona without interference and to seek, receive ang impart information and jsea> Unrough any media, regardless of frontiers. Everyone has / the right to treedon of peaceful assembly and association. The right to take part in the government of one's own country is assured in the article 21. Everyone has t ht of equal access to public service in his country. 2.4: SOCIAL AND ECONOMIC RIGHTS: The Declaration establishes the link between social econom- ic and cultural rights. Article 22 holds that everyone has the right to social security and is entitled to realization of the ue eee eee economic, social and cultural rights indispensable for ones dignity and the free development of personality: In article 23, the Declaration makes it clear that every- one has the right to work, to free choice of employment, to just and favourable conditions of work and to protection against wnemployment. The right to form and to join trade unions is Tecognised as an. important right for the protection of interests ; f the employees. Right to leisure and rest is included in the right to favourable conditions of work..pa i f this right: to have legal assistance assigned without payment if one does not have sufficient money to pay for it. 5) To have the free assistance of an interpreter if one cannot understand or spezk the language used in court. 6) [Link] be compelled to testify against cheself or to confess guilt. Everyone convicted of a crime should have the right of his/her conviction and sentence being reviewed by a higher tribunal according to law. Further, in case of miscarriage of justice, the person who suffered punishment as a result of such conviction should be compensated according to law. Any- one, who has been finally convicted or acquitted in accordance With the law should not be tried again. 1.8: RIGHT TO FREEDOM OF THOUGHT AND EXPRESSION: Aticiuag tacpencuaesershaeLeisns< dae tescae™ | 7* t : hought, conscience and religion. . All persons, should have the choi Neice to adopt a religion or belief of his choice. ° But these fr he *edons of thought and religion are subjected only £0. 807 necessary ‘tO nq ibed by law and are Ling. ; tations as are .pres> >y protect public safety, health, morals or the Tundang 4 freedons of others. Similarly though every, Als entitled for freedom of expression and to hola Pinto, rights and 4, sary for the protection of national security or public order, these are subject to certain restriction$,. which are y., In the recent discourse on the freedom of expression, ,._ arguments are put forward. The freedom of expression is genera), ly subjected to restriction only during the time of 4, and emergency. ‘The contexts of war and emergency ‘are situatiq £ chaos and confusion. For the people, to have clarity of situations, it is argued that, the freedom of expression ay more necessary during emergency than any other time. suppressia;| | of the confusion and chaos does not automatically guaranter the clarity of the situation. 2 é The Covenant recognises the right of peaceful assembly, right to freedom of association, right to marriage, rights of the children for social protection. In the article 25, the Coven ant, enumerates political rights such as right to vote and to be elected and right to accession to public service. all thé citizens are entitled to these rights and opportunities without distinction of any kind. before the law and they are entitled without any discrimination tolth® equal protection of the law. 1 ‘The Covenant recognises all the persons as equal n those countries, in whic? stimic selivions or linguistic minorities exist, person belonging to such minorities snotla-not be denied the right Us ee -y thedy OWN CUIEUTC, to Brotaes ang Practica Use thelr oun Langu on onsgion their own or to age (article 27). pt SMTERUATIONAL COVENANT OW BeovouTe, gooray AND QULTURAL RIGHTS: the draft of the International Covenant on Economia gecial and Cultural Right was introduced in the General Assembly of united Nations for discussion ang ratification by ithe member states in December 1966, The Covenant, Subsequent to its rati- tication and accession came into force in January 1976, Like the "preceding Covenant on the civil and Politi- cal Rights, this Covenant also recognises in the preamble the necessity of creating sufficient Conditions whereby everyone my enjoy his economic, ‘social and cultural ‘rights. It also recognises that these rights derive from the inherent signity of human beings... It considers that it is the responsi- bility of the states to promote respect for human rights and — freedoms. It Ore is imperative on the part of the state to — Strive to achieve, the maximum of its available resources, the fll realisation -of the rights recognised in the present “enant. The states should take legislative measures to achieve Ht ena, Fragen gs rat eaten tpn tater HS, 0€.men and wonen'to tha’ ansoyuede- BE ce1t © eShoadé, “S01. ond cuttural rights set forth in the Covenant. 9 bht 7:10: ECONOMIC RIGHTS: The Covenant recognises the right to work, whicy He ey Live), hood by work, He is free to choose or, accept any Work, ty should also have right to take appropriate steps to Paton the right of overyone to the opportunity to gain his. tnds right. Technical, vocational guidance and training pra} grammes, policies should be provided to workers to achiev, productive employment. Right. to just a: Se md favourable conditions of work is one q| # the important economic rights the Covenant recognises.» thiy| right includes fair and equal remuneration for work of equ| ¢ value without distinction of any kind, in particular wonen, | being guaranteed conditions of work not inferior to those enjoysi | « by men with equal pay for equal work and a decent Living fer! themsulves, their families together with safe and healthy workin | # conditions. 1a1_ opportuni y should be created for everyone . employed for promotion to an appropriate higher level. the right } ¢ to favourable conditions should also ensure rest, eisut |‘ and reasonable limitation of working hours and periodic holidays | ! with pay, as well as remuneration for public holidays. Eyery worker should have the right to form trade uniof and join the’ trade union of his choice. the trade unions at} also entitled to estebtish national federations or confeder®” tions. The trade unions should also have right to strike, but ——__y- soRjooted be xésteiasigbs tupesed by bye" vevig cee uke? : _ ticular“ country. Unfortunately, section 2 of tha articlé,’ ; ; i gives free hand to the states for the imposition of 18¥fl wejons on the exercise of this right to strike by member a soclAL RIGHTS? ee \ tn article 9 of the Covenant, the right of everyone to jeoint security, including social insurance is recognised, In the syticle 10, rights of the mother, children and young persons are giscussed. Everyone is free to establish family, The family is recognised as fundamental unit of society, which is responsible for the care and education of dependent children. Mothers are entitled for special care and protection during a reasonable period before and after childbirth, Working mothers should be accorded paid leave or leave with adequate social security benefits. Children and young persons should be protected fron economic and social exploitation. The state should take neces- sary legislative measure to prevent employment of children in the conditions dangerous to life. It should also set age limit below which the paid employment of child labour should be Prohibited and punishable by law. “ The article 11 of the Covenant deals with right of everyone t ° an adequate standard of living. This right includes right to —“Ssduate standard of livin ag | “Msuate food, clothing and housing and the right to continuous inp ovement of living conditions. It is the responsibility of est “ates to take steps to realise this right. For this purpose, State co; OULa take measure to improve methods of production, NSery ——___—___ tha, tt9n and distribution of food, ‘The agrarian system Mou, a x icien Se reformed in such a way as to achieve the most efficient 1O)resources, In opment and utilisation of natural Order t developmé a ¢ appropri \ iove equitable distribution of food supply, appropriate HP achieve ; ra policy should be followed which will not hampoy Fong, import polic : distribution system, ne ti nt recognises the right of everyones to the enjoy, | nent of the highest standard of physical ‘and mental health, », ake steps to reduce the stillbirth rate ang of infant mortality, which are necessary for the healthy developnen: of the child. It should improve all aspects of environmental ang industrial hygiene. The prevention, treatment and control of epi. demic, endemic and occupational diseases is also the responsibil. ity of the state for the full realisation of the right to health, The Covenant recognises the right of everyone to education, ee eee The right to education is inevitable for the full development of the human personality and the sense of its dignity. rt is aimed to achieve respect for human right’ and doms. primary and compulsory education for everyone. It also ‘makes it a ry for the state to make higher education available to everyone by progresai recognises tion of impart religi gnises thes rights ef a parent t? pa igion and moray education to thei, hi, con’ : c formity with their own convictions dren inygRAL RIGHTS: pe pritele 15 discusses the right of everyone to take ‘part a quitural life. Everyone should have right to enjoy the jts of scientific progress and its’ application. For genet ne ii vealisation of this right, ‘the state has to ” take geops fof the conservation, development and the diffusion of science and culture. Everyone has the right to undertake geienti lic research and creative activity. q.13t CONCLUSION: All these articles are the broad guiding principles agreed upon by the States, which are party to the Covenant to promote respect and observance of human rights, In the two Covenas there are several other more guiding principles viz, human rights committees, to observe the human rights situations in various states. All the states, which are parties to the vovenant voluntarily came forward te accept these Guiding principles. These principles are also subject to the las cy the «respective etates. These principles are not Mandatory on any state since United Nations is not an interna- ty ‘onal authority to enforce them. 12%