SYSTEMS OF KNOWLEDGE
MODULE 1 – DEMOCRATIC VALUES AND CITIZENSHIP
HUMAN RIGHTS
Human rights refer to the “basic rights and freedoms to which all human beings are
entitled”. There are different examples of rights and freedoms which have become
fundamental human rights including civil and political rights, and equality before the
law, and cultural, economic and social rights, including the rights to participate in
cultural activities, the right to shelter, the right to education and the rights to
employment.
Article 1 of the United Nations Universal Declaration of Human Rights (UDHR)
states that,
“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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How was the Universal Declaration of Human Rights developed?
During the 18th century two major revolutions were to change the course of history. The
first one took place in the America in 1776 and it led to the adoption of the United States
Declaration of Independence that clearly stated,
“that all men are created equal, that they are endowed by their Creator
with certain unalienable Rights, that among those are Life,
Liberty and the pursuit of Happiness”
The other revolution that was to change and shape France together with the rest of
Europe was the French Revolution of 1789 that resulted in the adoption of the French
Declaration of the Rights of Man and of the Citizen. Both declarations established
certain legal rights and made it possible to encode a number of fundamental rights and
freedoms into law.
Following the tragic loss of millions of lives coupled with horrible abuses of human
rights that took place during the two World Wars made it vital and urgent to develop a
structure to safeguard human rights. In 1919 following the end of the First World War
a League of Nations was established with the aim of preventing war through collective
security and settling of disputes between countries through negotiations and diplomacy.
Enshrined in its Charter was a mandate to promote many of the rights which were later
include in the Universal Declaration of Human Rights.
At the end of the Second World War during the 1945 Yalta Conference, the Allied
victorious powers agreed to create a new body to supplant the League’s role. The United
Nations was born and has played an important role in international human rights law
since its creation.
In 1948 the UN General Assembly adopted the non-binding declaration known as “The
Universal Declaration of Human Rights” (UDHR). This declaration was the first
international document that spelled out the “basic civil, political, economic, social and
cultural rights that all human beings should enjoy”. This declaration added new rights
(economic and social) to civil and political rights as it recognized that social and
economic inequalities were also a form of abuse.
The vote to adopt the UDHR was considered a triumph as it unified diverse nations,
conflicting political regimes, different ethnicities, races, religions, ideologies of
different and diverse groups. This declaration was the first international legal effort to
limit the behaviour of states and press upon them duties to their citizens following the
model of the rights-duty duality.
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The UDHR was not legally binding, though it carried great moral weight. In order to
give the human rights listed in the UDHR the force of law, the United Nations drafted
two covenants, the International Covenant on Civil and Political Rights (ICCPR) and
the International Covenant on Economic, Social and Cultural Rights (ICESCR).
Together, the UDHR, ICCPR, and ICESCR are known as the International Bill of
Human Rights.
They contain a comprehensive list of human rights that governments must respect and
promote, including:
➢ Right to life;
➢ Equality;
➢ Security of person;
➢ Freedom from slavery;
➢ Freedom from arbitrary arrest/detention;
➢ Freedom of movement and residence;
➢ Due process of law;
➢ Freedom of opinion and expression;
➢ Freedom of association and assembly;
➢ Right to safe and healthy working conditions;
➢ Right to form trade unions and to strike;
➢ Right to adequate food, clothing, and housing;
➢ Right to education; and
➢ Right to health
Human rights reflect the minimum standards necessary for people to live with dignity
and equality. Human rights give people the freedom to choose how they live, how they
express themselves, how they worship and the system of government they want to adopt,
among many other things. Human rights also guarantee people the means necessary to
satisfy their basic needs, such as food, housing, and education, so they can take full
advantage of all opportunities. Finally, by guaranteeing life, freedom and security,
human rights protect people against abuse by individuals or groups (even states) who
are more powerful.
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According to the United Nations, human rights ensure that a human being will be able
to fully develop and use human qualities such as intelligence, talent, and conscience and
satisfy his or her spiritual and other needs.
There are 5 basic principles underlying human rights and they apply to all people.
Human rights are:
➢ UNIVERSAL in that they belong to all people equally regardless of status. All
people are born free and equal in dignity and rights.
➢ INALIENABLE in that they may not be taken away or transferred. People still
have human rights even when their governments violate those rights.
➢ NON-DISCRIMINATORY in that human rights should be respected without
distinction, exclusion, restriction, or preference based on race, colour, age,
national or ethnic origin, language, religion, sex, or any other status, which has
the purpose or effect of impairing the enjoyment of human rights and fundamental
freedoms.
➢ INTERCONNECTED because the fulfilment or violation of one right affects the
fulfilment of all other rights.
➢ INDIVISIBLE as no right can be treated in isolation. No one right is more
important than another.
Who Is Responsible for Upholding Human Rights?
Governments
Under different human rights treaties, governments have the main responsibility for
protecting and promoting human rights but then governments are not the only ones
responsible for the advocacy and protection of human rights.
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The UDHR states:
“Every individual and every organ of society ... 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.”
This provision means that not only the government, but also individuals, businesses,
civil society and organizations are responsible for promoting and respecting human
rights. When a government ratifies a human rights treaty, it assumes a legal obligation
to respect, protect, and fulfil the rights contained in the treaty. Governments have the
duty to guarantee that human rights are protected by preventing human rights violations
against people within their territories and also providing effective solutions for those
whose rights are violated.
United Nations
The United Nations is a global organization made up of almost every country in the
world. The United Nations promotes and protects human rights through several key
human rights bodies.
Human Rights Council
The UN Charter called for the creation of an inter-governmental body, which is today
called the Human Rights Council, responsible for strengthening the promotion and
protection of human rights worldwide. The Human Rights Council consists of 47 UN
member countries that meet regularly to conduct a Universal Periodic Review of human
rights in all countries around the world, to address situations of human rights violations,
to receive complaints, and to make recommendations on how to improve the fulfilment
of human rights. Independent experts hold mandates to examine, monitor, advise about,
and publicly report on either a human rights situation in a specific country or a thematic
human rights issue.
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Treaty Monitoring Bodies
There are nine core international human rights treaties. Each treaty establishes a
committee of experts to monitor implementation of the treaty provisions by countries
that have ratified the treaty. Some treaty bodies also are able to take complaints from
individuals and others whose human rights have been violated.
United Nations Agencies
The Office of the High Commissioner for Human Rights (OHCHR) is the centre of most
human rights activities of the United Nations. It coordinates UN action to protect and
promote human rights and includes country and regional offices that work with local
partners to ensure implementation of and education about human rights standards. The
OHCHR also supports the work of the Human Rights Council and the core treaty
monitoring bodies. Several other agencies within the United Nations deal with human
rights issues, including agencies such as the UN Development Program and the UN
High Commissioner for Refugees.
International Human Rights System
The international human rights system, a network of human rights treaties and standards
created and monitored by international and regional human rights bodies, provides
advocates with many avenues for improving human rights conditions. Where
governments resist or ignore one means of human rights enforcement, advocates can
encourage or compel compliance through other mechanisms. Advocates can also use
international human rights decisions and recommendations as part of their education
and advocacy strategies.
In addition to the international human rights system, there are currently three region-
specific, treaty-based systems for the protection of human rights. The three regional
systems were each established under the auspices of a larger intergovernmental
organization for regional cooperation: The Council of Europe, The Organization of
American States, and the African Union.
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The Universal Declaration of Human Rights is made up of 30 different articles that can
be classified in different categories.
Classification of the UDHR Articles
Article 3 to 21 – political and civil rights
Articles 22 to 27 – economic, social and cultural rights
Articles 28 to 30 – the protection and fulfilment of this declaration
Universal Declaration of Human Rights (abbreviated)
Article 1 Right to Equality
Article 2 Freedom from Discrimination
Article 3 Right to Life, Liberty, Personal Security
Article 4 Freedom from Slavery
Article 5 Freedom from Torture and Degrading Treatment
Article 6 Right to Recognition as a Person before the Law
Article 7 Right to Equality before the Law
Article 8 Right to Remedy by Competent Tribunal
Article 9 Freedom from Arbitrary Arrest and Exile
Article 10 Right to Fair Public Hearing
Article 11 Right to be Considered Innocent until Proven Guilty
Article 12 Freedom from Interference with Privacy, Family, Home and Correspondence
Article 13 Right to Free Movement in and out of the Country
Article 14 Right to Asylum in other Countries from Persecution
Article 15 Right to a Nationality and the Freedom to Change It
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Article 16 Right to Marriage and Family
Article 17 Right to Own Property
Article 18 Freedom of Belief and Religion
Article 19 Freedom of Opinion and Information
Article 20 Right of Peaceful Assembly and Association
Article 21 Right to Participate in Government and in Free Elections
Article 22 Right to Social Security
Article 23 Right to Desirable Work and to Join Trade Unions
Article 24 Right to Rest and Leisure
Article 25 Right to Adequate Living Standard
Article 26 Right to Education
Article 27 Right to Participate in the Cultural Life of Community
Article 28 Right to a Social Order that Articulates this Document
Article 29 Community Duties Essential to Free and Full Development
Article 30 Freedom from State or Personal Interference in the above Rights
The International Human Rights Day is celebrated on the 10th of December.
What it means to violate Human Rights?
Notwithstanding the UDHR, human rights violations still occur! To violate the most
basic human rights is to deny individuals their fundamental moral entitlement. A state
fails in fulfilling its duty to protect and guarantee these rights when citizens are treated
as if they are less than human and not worthy of respect and dignity. Acts like slavery,
torture, rape, genocide, forced sterilization, medical experimentation and starvation are
serious violations of our basic human rights.
In conflict zones disrespect and violations of political rights and the right to life are
common. From genocide to massacres, the intentional and planned extermination of an
ethnic, racial or religious group is regarded as the most offensive crime against
humanity.
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The term ‘war crime’ refers to a violation of the rules of justice in war (JUS IN BELLO)
by individuals be it civilian or military. Firing on or bombing hospitals or schools,
kidnapping, inhuman treatment and torture of prisoners and the unnecessary destruction
of property, sexual violence, rape, forced pregnancy and even prostitution (comfort
woman) are all war crimes.
One has to remember that thousands are detained without trial then ‘disappear’ ...
murdered and buried in secret while their loved one wait in vain for years and years.
Human rights can be violated through discrimination based on religion, race, gender or
ethnicity. Racism and intolerance in modern societies sometimes lead to hate speech.
Political parties (Lega Nord in Italy, Golden Dawn in Greece, Le Pen’s Front National
in France) based on rhetoric against diverse ethnic, political, religious and cultural
identities are inspiring a generation of far right supporters. The Hungarian Prime
Minister Viktor Orban and Italy’s Interior Minister Matteo Salvini joined forces to
promote their anti-migration manifesto aimed at the 2019 European Parliament
elections. In the elections the left-wing parties suffered big losses in the few remaining
strongholds – Podemos in Spain, Syriza in Greece, La France Isoumise in France and
even the Five Star Movement in Italy lost. On the other hand not all far-right parties
won but overall the number of MEPs increased significantly. According to Matteo
Salvini “Europe is changing” and the Hungarian Viktor Orban claimed that “it’s the
beginning of a new era in European politics”.
In the 2017 French elections Emmanuel Macron won 66.1% of the votes and his rival
the far right candidate Marie Le Pen 33.% but in the latest round of elections held in
April 2022 incumbent Emmanuel Macron lost support and he polled just 58.5% while
Marie Le Pen increased her support up to 41.5%. Some are referring to Macron’s
mandate as a fragile one.
In September 2022 a snap election was held in Italy after the fall of the government led
by Draghi. The centre right coalition led by Giorgia Meloni’s Brothes of Italy (a radical
right party with neo-fascists roots) won an absolute majority in the Italian Parliament.
Giorgia Meloni was appointed first female President of the Italian Republic on the 22nd
of October 2022.
The changing face of European politics and European elections signifying important
implications for the bloc and for the future of national politics in each state and
European citizens should strive so that human rights are always at the top of the agenda.
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What can be done?
To truly address human rights violations we must strive to understand the underlying
causes of these breaches. From international conditions, discrimination, repression,
ignorance, underdevelopment to complex social, political and economic problems.
According to the United Nations Charter (Article 39) when a state or non-state violates
any part of the UDHR treaty or other international human rights, the UN Security
Council (or any other appointed authority) is appointed as the only tribunal that may
determine if such violations took place. International Agencies/Committees monitor
and investigate any violations and international tribunals or international courts or war
crimes tribunals will then prosecute.
Some examples of violations of human rights:
➢ Forcibly evicting people from their homes (right to adequate housing)
➢ Contaminating a water source (health)
➢ Failure to guarantee a minimum wage (work)
➢ Discriminating in recruitment based on disability, race, political, sect, religion,
class (right to work)
➢ Banning the use of minority or indigenous languages (right to participate in
cultural life)
➢ Banning public gatherings (right of assembly and association)
➢ Censorship of the media and imprisonment of journalists (freedom of opinion and
expression)
➢ Banning elections (right to vote and be elected)
There are many independent non-governmental organisations that conduct research,
advocacy and campaigns for the protection of Human Rights. Some of these NGOs also
collect physical evidence, testimonies and documentation of alleged human rights
abuses and apply pressure to enforce human rights laws.
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Human Rights Organisations Malta
• Aditus
• African Media Association Malta
• Amputees 4 Amputees
• Anna Lindh Foundation
• Breaking Limits
• Deaf People Association
• Din L-Art Helwa
• Drachma LGBTI
• Foundation for Shelter and Support to Migrants
• FRA European Agency for Fundamental Rights
• Gender Liberation
• Gozo NGOs Council
• Gozo Youth Council
• Inspire The Foundation for Inclusion
• Integra
• JRS Jesuit Refugee Service
• KSU
• Libya Foundation for Rehabilitation
• Malta Federation of Organizations Persons with Disability
• Malta Humanist Association
• MGRM (Malta Gay Rights Movement)
• Mid-Dlam ghad-Dawl
• Migrant Woman Association Malta
• Migrant Women Association Malta
• NFCAM National Foster Care Association Malta
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• Organisation for Friendship in Diversity
• Prisms
• Richmond Foundation Malta
• SOS Malta
• SOS Solidarity Overseas Service
• Spark15
• St Jeanne Antide Foundation
• Troup 18:45
• Victim Support Malta
• We are
• Why not?
• Womens Rights Foundation
• YMCA homeless
International Organisations
• The International Federation for Human Rights
• Amnesty International
• Human Rights Watch
• Oxfam International
• Human Rights Without Frontiers
• Anti-Slavery International
• Freedom House
• Red Cross
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AMNESTY INTERNATIONAL REPORTS
HUMAN RIGHTS WATCH REPORTS
“The rights of every man are diminished when the rights
of one man are threatened.”
John F Kennedy (1917-1963)
th
35 President of the United States
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