The idea that all people have certain rights just because they are people is a relatively new idea. At one time, people believed that kings, or rulers were gods. They had total power over the people and could do with them what they liked. They could even order people to worship them. Not only were kings above the law, they were the law and could change the law at their whim. As early as the year 1215, a British king, King John, agreed to a major change in the way he ruled. This came about because a group of barons who were large landowners were fed up with the arbitrary way King John exercised power over their property and lives. They drew up a list of demands. Among these were the rights to be free from unfair or unlawful detainment, imprisonment or exile. The king agreed. The document was the Magna Carta.
The Magna Carta established a very important principle called the rule of law. This principle says that no one, not even a king, is above the law. It was the beginning of the idea that rulers have some responsibility to the people they rule. While this document was a very important milestone in the development of human rights, it was limited. The Magna Carta only gave rights to barons. It did not help the people who lived under the barons. They still had no rights.
It was not until the enlightenment of the 1700s that people began pressing for rights for the individual. In 1776, the people of the American colonies rebelled against the British king who denied them representation in the House of Commons and taxed them on luxury items. In their Declaration of Independence, the American people went to war on the basis of human rights doctrine. The famous words of the Declaration of Independence read:
We hold these truths to be self-evident, that all men are created equal, that they are endowed by their creator with certain inalienable rights, that among these are life, liberty and the pursuit of happiness.
Remember; however, that white Americans owned black slaves at that time, and for over 100 years after. It would be over a hundred years before women could vote or own property. Even when the Americans established their own representative government, only those who owned property could vote.
In 1789, shortly after the American Revolution, the French rebelled against the tyranny of King Louis XVI. The rebels forced the king to sign The Declaration of the Rights of Man. This statement guaranteed freedom of speech and freedom of the press and basic rights to liberty, property, equality and security. Unfortunately, the new government did not follow this declaration. The King and thousands of other French citizens were killed by the guillotine. It was years before the battle cry of the revolution, “liberté, equalité, fraternité,” became a reality.
Over the next 150 years, many countries adopted human rights legislation. During this period, slavery was abolished. Women gained many rights, including the right to own property and the right to vote.
The next step taken in the development of human rights was global. Regrettably, it resulted from the loss of millions of lives. At the end of World War II, in 1945, the Holocaust shocked and appalled people all over the world. The Nazi government had systematically killed six million people, adults and children, solely because they were Jews. Many others were killed because they were homosexuals, physically or mentally challenged or because they opposed the Nazis. These people were taken from their homes and transported on cattle trains to concentration camps. They were starved, tortured, used in medical experiments and killed in gas chambers. It was barbaric. The numbers involved are emotionally and mentally overwhelming.
In response to this human catastrophe, 45 nations created an international organization that pledged to promote "universal respect for and observance of human rights and fundamental freedoms." That organization is the United Nations. It was founded in 1945. Most countries in the world now belong to the United Nations.
There are still many human rights violations around the world. Some countries have dictators who abuse the rights of citizens. Other countries, such as East Timor, continue to face violence and human rights violations as they struggle for independence. And long-standing civil wars, such as the one that continues to plague the Middle East, continue to be the source of countless human rights violations. Even here in Canada, treatment of our aboriginal people continues to raise many human rights issues as disputes over things such as treaty rights, taxation, land claims, hunting and fishing rights and self determination persist. However, recent history also provides us with some positive human rights milestones. In 1989 and 1990 the world saw the end of the totalitarian regimes of the Eastern Bloc, as those countries became open to democracy. The fall of the Berlin wall was symbolic of this change. Where once citizens of countries such as Czechoslovakia and the former U.S.S.R. could not leave their countries, and were subject to arbitrary imprisonment, people could now move freely across the borders and elect their own governments. About this time the world also saw the first steps to end the oppressive apartheid regime in South Africa. In 1995, South Africa had its first multi-racial election in decades, ending 80 years of white-only rule.
Why
is it important to learn about human rights?
The issue
of human rights concerns all of us. In all parts of the world, people and
governments continue to commit acts such as torture, arbitrary detention,
extra-judicial killing, and other human rights abuses against individuals. It
is important to have an understanding of basic human rights and freedoms in
order to prevent abuses from taking place. Some governments attempt to define
human rights on the basis of cultural differences. This distinction ignores the
universal nature of human rights which recognizes that all human beings
everywhere have common basic needs and should be treated with equal human
dignity.
Individuals
and governments which fail to uphold human rights standards are accountable to
their people and to the world community. By understanding human rights, one can
develop a sense of responsibility toward defending and advocating respect for
human rights as well as expressing concern for those people whose human rights
have been or are being violated. Human rights violations can only be remedied
if one realises his or her basic ‘ rights and is willing to work for the
promotion and protection of the human rights of oneself and of others.
Human
rights education enables individuals and groups to become aware of the
universal standards set forth in internationally recognised human rights
instruments and increases understanding of both the personal and communal
nature of human rights. Human rights thus become relevant to people’s
relationships with each other as well as with the state and other entities. It
is only through the realisation of human rights that social justice and human
freedom can be achieved.
Introduction
The
Universal Declaration of Human Rights, drafted in the wake of the second world
war, aims to ensure respect for human rights in all pans of the world. Since
then, substantial efforts have been made to promote and protect human dignity
and human rights. However, many people and governments continue to violate
human rights resulting in barbarous acts against mankind.
Governments
are obliged, under international law, to act as the protectors of universal
human rights.
The
history of human rights is a long one with its roots in many individual
struggles for freedom and equality in different parts of the world. Its
principles can also be found in most of the world’s religions and philosophies.
The idea of human rights, therefore, pre-dates the United Nations, yet the
creation of this international body represented the formal recognition of the
importance of human rights in the world.
The area
of human rights does not refer merely to violations. Human rights are becoming
incorporated into many aspects of life; a type of social contract that fulfils
people’s aspirations to live in dignity and freedom. Human Rights are also
about the prevention of the misuse of power. The real protection of civil
society can only come from its own creators: the people. People want to know
that they are in full control of their lives and that they are recognized as
unique individuals within society.
As the 20th century draws to a close, human rights in the world are
confronted with many serious challenges and threats. Despite the many legal
instruments and international mechanisms set up to ensure respect for human
rights, shocking violations continue to take place in all parts of the world.
Human rights are not a kind of miraculous cure for all the world’s ills; it is
dependent on the people themselves to respect human dignity and work actively
to end human suffering.
What are Human Rights?
Human rights can be defined generally as those rights which are inherent in our nature and without which we cannot live as human brings. They are rights which every human being is entitled to enjoy and to have protected. Human rights and fundamental freedoms allow us to develop fully and use our human qualities and to satisfy our spiritual and other needs.
Human
rights are a human creation. They grow out of the feeling of injustice which
human beings experience when their humanity is abused or denied. They are based
on mankind’s increasing demand for a life in which the inherent dignity and
worth of each human being will receive respect and protection. Human rights
introduce the idea of justice in the natural order of the world, thereby giving
human existence a higher sense and purpose.
Human
rights are universal moral rights that should be respected in the treatment of
all men, women, and children. These are also called natural rights and they
belong to people simply because they are human. They do not have to be earned,
bought or inherited. People are equally entitled to them regardless of their
race, sex, color, language, national origin, age, class or religious or
political beliefs. The underlying idea of such rights exists in some form in
all cultures and societies. People still have human rights even when the laws
of their own countries do not recognize or protect them.
Human
rights affect society as a whole. The denial of human rights creates conditions
of social and political unrest, sowing the seeds of violence and conflict
within and between societies and nations. The Universal Declaration of Human
Rights opens with the declaration that recognition of the equal rights of all
members of the human family ‘is the foundation of freedom, justice and peace in
the world’.
Human
rights are enshrined in internationally recognised laws such as the Universal
Declaration of Human Rights. The Universal Declaration and various other
covenants, conventions and declarations are created by international bodies
such as the United Nations and they make up a body of “law” that has moral and
sometimes binding force on nations.
UNIVERSAL
DECLARATION OF HUMAN RIGHTS
On
December 10, 1948, the Universal Declaration of Human Rights (UDHR) was created
for the people of the world, affirming that all people are born equal in
dignity. It was one of the first major achievements of the United Nations in
the field of human rights. The Universal Declaration was drafted in the wake of
World War 11 as a protest against the terrible atrocities which had occurred
during the war and to help ensure that they would not be repeated. Each year on
10 December, the anniversary of the adoption of the Declaration is observed
internationally as Human Rights Day.
The
Universal Declaration states that human rights are ‘the foundation of freedom,
justice and peace in the world.’ The UDHR laid down the basic hopes and needs
common to all of humanity. It recorded the wishes not only of people from
countries which had already reached a certain economic standard of living, but
also the rights of people in countries where millions of human beings were
still weighed down by oppression, poverty and lack of adequate education.
The UDHR
was intended to be a “common standard of achievement for all peoples and
nations.’ It has 30 articles which include civil, political, economic, social
and cultural rights, and fundamental freedoms to which every human being is
entitled.
The
Universal Declaration of Human Rights was adopted by the General Assembly of
the UN. At that time the UN had 56 members; 48 voted in favour, none against
and 8 members abstained. The UDHR is not a treaty or a binding legal document.
It is, rather, a declaration - a statement of intent or principle. Under the UN
Charter, member states promise to take joint and separate actions to promote
universal respect for the observance of human rights. There is therefore a
strong moral expectation that member states will respect the spirit of the UDHR
and follow its provisions.
The UDHR
is also important because:
It is
used as a standard of behaviour and as a basis for appeals calling on
governments to observe human rights. It has been made into law by several
global and regional treaties or covenants”, and by legally binding agreements
and contracts between individuals, groups and countries. It has influenced the
constitutions, laws and court decisions of many nations and international
organisations.
TYPES OF
HUMAN RIGHTS
In 1966
the rights enshrined in the 1948 Universal Declaration of Human Rights were
divided into two covenants - the International Covenant on Civil and Political
Rights (ICCPR) and the International Covenant on Economic, Social and Cultural
Rights (ICESCR). The Covenants define in more detail most of the rights set out
in the UDHR and deal with some additional rights.
The
Covenants are treaties whose States Parties have formally agreed to abide by
their provisions and the rights they recognise are expected to be law in those
States. The ICCPR is considered to focus on individuals’ rights and the
obligations are meant to be discharged as soon as a State becomes party to the
Covenant. The ICESCR is drafted more in terms of communal rights and states’
duties, and the Covenant recognises that full realisation of these rights may
have to be achieved progressively over a period of time.
Civil
and Political Rights
Under the
heading of Civil and Political Rights, all governments are to protect the life,
liberty and security of their citizens. They should guarantee that no one is
enslaved and that no one is subjected to torture or to arbitrary arrest and
detention. Everyone is entitled to a fair trial. The right to freedom of
thought, expression, conscience and religion is to be protected. These give
people the freedom to think and to have access to information, the freedom to
act and to choose what to do, and freedom to join in the political life of
their community and society.
Articles
3 to 21 of the Declaration set forth the civil and political rights to which
all human beings are entitled, including:
Economic, Social and Cultural Rights
Under the
heading of Economic, Social and Cultural Rights, all governments are expected
to work progressively to improve the living conditions of their citizens. For
example, they should try to guarantee the right to food, clothing, housing and
medical care, the protection of the family and the right to social security,
education and employment. They are to promote these rights without
discrimination of any kind. These provide people with protection against having
the basic necessities of life taken away from them.
Articles
22 to 27 of the Declaration set forth the economic, social and cultural rights
to which all human beings are entitled:
Environmental and Development Rights
These are sometimes referred to as the ‘third generation’ of rights. This
is a somewhat misleading characterization as the right of all peoples to
self-determination and to freely determine their political status and freely
pursue their economic, social and cultural development is protected in article
1 of both the Covenant on Civil and Political Rights and the Economic,
Social and Cultural Rights. As such, these rights are inalienable from
the other “sets” of rights.
However,
it is true that these group-based rights were actively discussed and
specifically recognised and developed only in more recent years. The right to
development was first recognised by the UN Commission on Human Rights in 1977
and was enshrined by the General Assembly in the 1986 Declaration on the Rights
to Development. Environmental rights include the right to live in an
environment that is clean and free from pollution and protected from
destruction.
Universality
of Human Rights
The
principle of universality is fundamental to the understanding of human rights-
i.e. that human rights apply equally to each and every human being, regardless
of the, culture in which they live. Yet it is heavily disputed, even rejected,
by certain governments and movements who advocate ‘cultural relativism” - ie.
that rights and rules about morality depend on cultural context and therefore
necessarily differ throughout the world.
Unfortunately,
cultural relativism is often used as an argument to justify the failure to
respect certain international standards of human rights. For example,
proponents of the ‘full belly thesis’ argue that individual civil and political
rights are a luxury for the starving masses and can only he granted once the
primary needs of food and health have been satisfied.
Arguments
in favour of one or the other of the ‘sets” of rights ignore the indivisibility
of human rights. This means that respect for civil and political - rights
cannot be, divorced from the enjoyment of economic, social and cultural’
rights. Authentic economic and social development cannot exist without the
individual right to participate in the political process.
The
universality of human rights was reaffirmed in the Vienna Declaration adopted
by the World Conference on Human Rights in 1993. The Declaration states
definitively that ‘The universal nature of these rights and freedoms is beyond
question” and that ‘All human rights are universal, indivisible, and
interdependent and interrelated”. This includes the broader;’ range of rights
including’ development and environmental rights and rights indigenous peoples.
“Individual
Rights” And “Collective Rights”
Human
rights are designed to protect not only the individual but also individuals as
members ‘of groups or communities. It is therefore important to
understand the relationship between ‘individual rights” and “collective
rights”.
A right
may be ‘collective’ by virtue of the way in which it is exercised or by virtue
of its holder. There are rights and freedoms that presuppose the existence of
other individuals, groups and communities with which and within which they are
exercised. Mention may be made, by way of example, of freedom of religion,
freedom of assembly, freedom of association, the right to organise and the
right to free elections. These are rights with a collective dimension by virtue
of the way in which they are exercised.
Another
distinguishing factor is the holder of a right. Whereas individual rights are
rights of human beings considered in their individual essence, collective
rights construed in this sense would be rights of groups or of communities
which group individuals together. The recognition of certain group rights is
essential for the self-fulfilment of the individual as a social being and for
the achievement of an effective and genuine universality of human rights as
rights of each and every individual without exception.
“Collective’
rights and individual human rights are both complementary and mutually
exclusive. They are complementary because an individual cannot be free if he
lives in an oppressed group or population. But the two categories of rights may
also be mutually exclusive, for how can the conflicts that are always possible
between them be settled?
To
recognize the rights of groups is to maintain that such rights must be capable
of performing their function for the individual’s benefit if the individual is
to be a full human being. The rights of the groups are nothing else than the
right of the individual to receive from groups the means he needs for his
self-fulfilment. Since the group derives its own rights from serving the individuals
who compose it, it has no rights against the rights of the individual.
UNITED
NATIONS HUMAN RIGHTS BODIES
There are
two main UN bodies dealing with human rights: the UN Commission on Human Rights
and the UN Sub-Commission on Prevention of Discrimination and Protection of
Minorities. There are also a number of human rights committees, working groups
and special rapporteurs.
The UN Commission on Human Rights
This body was established in 1946 with 18 member countries. The
membership has increased over the years to its current total of 53 nations. The
53 member countries are elected for three year terms by the UN Economic and
Social Council: 15 members come from Africa; 12 from Asia; 5 from Eastern
Europe; 11 from Latin America and the Caribbean States; and 10 from Western
Europe and other States (including USA, Canada and Australia).
The
Commission is the central UN body responsible for promotion and protection of
human rights. Its terms of reference are extensive; it may deal with any
matters relating to human rights. The Commission considers and adopts
resolutions on a wide range of human rights issues and some country-specific
situations, makes studies, drafts international instruments setting human
rights standards, and reviews recommendations and studies prepared by the UN
Sub-Commission on Prevention of Discrimination and Protection of Minorities.
The
Commission meets annually in Geneva for six weeks, beginning in late January or
early February. Its meetings are public, except when it meets in closed
sessions for several days to discuss the “ 1503 procedure” (the confidential
procedure for complaints about alleged human rights violations). During
the public meetings, governments which are not members of the Commission and
non-governmental organisations which have been granted consultative status with
the UN Economic and Social Council may observe proceedings from the meeting
room and make written and oral statements concerning issues on the agenda.
The
Commission is a subsidiary of the UN Economic and Social Council (ECOSOC) to
which it reports annually. ECOSOC operates under the authority of the UN
General Assembly and reports annually to that body. The Commission’s annual
report to ECOSOC is a public document which summarises the results of the
session and includes the text of all adopted resolutions.
During
recent years, the Commission has discussed subjects including (but not
limited to): human rights situations in various countries, self-determination,
torture, ‘disappearances’, capital punishment, detention for exercising the
right to freedom of expression, religious intolerance, rights of the child,
migrant workers, the role of youth in the protection and promotion of human
rights, and protection of human rights defenders.
The High
Commissioner for Human Rights is the UN official with principle responsibility
for UN human rights activities. The first High Commissioner took office in
April 1994, and the current High Commissioner, selected in June 1997, is Mrs
Mary Robinson from Ireland. The High Commissioner works, through the Centre for
Human Rights, to promote and protect human rights in the field and provides
technical, financial and educational support.
The UN Sub-Commission on Prevention of Discrimination and Protection of
Minorities
This Sub-Commission is composed of 26 members nominated by governments
and elected to four-year terms by the UN Commission on Human Rights. In
contrast to the Commission, the Sub-Commission members are elected to serve as
independent experts rather than to represent their government’s policies.
Despite its official title, the Sub-Commission deals with a wide range of human
rights topics. It debates and adopts resolutions on human rights issues and
some country situations, carries out studies, drafts international instruments,
and makes recommendations to the Commission.
The
Sub-Commission meets annually in Geneva for four weeks, beginning in early
August. Its meetings are public, except for the several days when it meets in
closed sessions to discuss the – “1503 procedure”. During public meetings
government representatives and non-governmental organisations which have
consultative status with ECOSOC may be in the meeting room as observers and may
make written and oral statements concerning issues on the agenda.
The
Sub-Commission submits a public report annually to its parent body, the UN
Commission on Human Rights. That report summarises the results and includes the
text of all adopted resolutions.
Human Rights Committees
The following six international human rights treaties are each
monitored by a committee of independent experts. The Committee monitors the
extent to which each of the States Parties (figures given are as at December
1996) are adhering to their treaty obligations and they may be required to report
to the committee on human rights observance in their territory.
Special Rapporteurs and Working Groups
The Special Rapporteurs and Working Groups are envoys entrusted with
the politically sensitive and sometimes dangerous task of compiling information
on violations in a specific country or of a certain type. Appointed as
individuals rather than as Government representatives, special rapporteurs
gather facts, maintain contact with local groups and Government authorities,
conduct on-site visits when Governments permit and make recommendations on how
human rights institutions might be strengthened
Working
groups and special rapporteurs are also appointed to conduct ‘thematic’ studies
on issues such as torture, religious intolerance, arbitrary detention, summary
or arbitrary execution and the sale of children and to take action in instances
of abuse failing within that classification.
NON
GOVERNMENTAL ORGANISATIONS (NGOS)
What are NG0s?
A non-governmental organisation (NGO) is any local, national, or
international citizens’ group (i.e. not part of a government) which does not
work for profit. This simple definition also means that organisations under the
NGO label have an extremely broad range of functions. NG0s work in fields as
diverse as law, the environment, refugees, human rights and disarmament. They
may work to influence government policy, to provide technical or medical
assistance, to conduct research, and or to educate or train others in the
community.
Over the
past decade the role of NG0s in local and international affairs has grown
tremendously, reflecting a desire on the part of citizens to influence both
their own lives and to take global responsibility for their world. Because of
their flexibility, NG0s provide a unique channel through which ordinary
citizens can participate in decisions which they feel affect their lives.
The work
of publicising human rights violations and putting pressure on offending
governments often falls to NG0s.
At the
international level, NG0s such as Amnesty International, the International
Committee of the Red Cross and Human Rights Watch (with its divisions Africa
Watch, Americas Watch, Asia Watch, Helsinki Watch and Middle East Watch)
conduct on-site investigations, disseminate detailed reports and wage advocacy
campaigns in international and domestic forums.
Operating with far less public awareness and physical protection than their
transnational counterparts are domestic human rights organisations, which,
where possible, monitor the actions of their respective governments.
UNITED
NATIONS AND NGOS
NGOs are independent and therefore
willing to take risks in areas which governments and intergovernmental
organisations consider politically sensitive. Mr. Garcia-Sayan of the UN
Working Group on Disappearances commented, “...Those who hold human rights
above all other concerns are the NG0s ... They are the fuel and the
lubricant which allow the [UN human rights] machine to function and speed the
working up.”
NG0s
have, by their very nature, a freedom of expression, a flexibility of action
and a liberty of movement which enable them to complement the role of the
United Nations in the promotion and protection of human rights. At the
1945 San Francisco meetings in which the United Nations charter was drawn up
and signed, 42 NG0s were invited to participate. They presented draft texts for
the Charter, parts of which were eventually incorporated, including article 71:
‘The Economic and Social Council may make suitable arrangements for
consultation with non-governmental organisations…” This statement laid the
foundation for co-operation between the UN and NO0s. 71e Council granted
consultative status to a limited number of NG0s which means that these NG0s can
participate in some debates and occasionally place items on the agenda.
It is
probably “in the field’ that the presence of NO0s began to be felt most
strongly. Specialised agencies and bodies such as the UN Development Programme
and the UN Commissioner for Refugees realised early on that NG0s offered them
crucial resources and expertise. For example, without the co-operation of
humanitarian organisations such as CARE and Medicines Sans Frontier (Doctors
Without Borders) it would have been virtually impossible to meet the needs of
refugees fleeing war.
Many of
these specialised agencies have their own relationships with NG0s; they can
co-ordinate NGO efforts, provide funds for NGO projects, or even receive funds
from NG0s for their own programmes. The co-operation of NG0s has also furthered
the goals of the UN in areas such as disarmament, human rights, education, the
environment and science.
During
the 1992 UN Conference on Environment and Development in Rio de Janeiro the
broader participation of NG0s in addressing global issues was officially
acknowledged. Over 1500 organisations were accredited to participate in the
conference. In this and subsequent international conferences such as the World
Conference on Human Rights (Vienna), the International Conference on Population
and Development (Cairo), the World Summit for Social Development (Copenhagen)
and the Fourth World Conference on Women (Beijing), NG0s have influenced the
agendas and, hence, the laws resulting from these discussions.
In short,
NG0s participate in the UN system in four ways:
They serve as important watchdogs of the UN; observing, criticising and reporting on its role.
THE UN AND INDIVIDUALS
In some
circumstances, the UN can receive communications from individuals who have
information about human rights violations and who have tried without success to
obtain satisfaction within the country concerned. Three UN treaties provide
this possibility:
The
Optional Protocol to the International Covenant on Civil and Political Rights -
allows a person who claims to he a victim of any of the rights set out in the
ICCPR to lodge a complaint provided that the State complained of is party to
both the ICCPR and its Optional Protocol. The Human Rights Committee,
established under the ICCPR, will consider such communications together with
any information submitted by the concerned State and can then make its views
known on whether the Covenant has been respected.
The
Convention on the Elimination of All Forms of Racial Discrimination - allows an
individual, or group of individuals, to lodge a complaint with the Committee on
the Elimination of Racial Discrimination stating that their individual or group
rights under the Convention have been violated. Again, this is possible only if
the State complained of is a party to the Convention and has declared that it
accepts the optional complaint procedure.
The
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment - allows, where a State Party has so accepted, an individual to
complain to the Committee against Torture that she or he is a victim of a
violation by that State Party.
In addition, anyone or any group in the world who
feels that they have been prevented from exercising their human rights may take
their case to the UN even when it is not covered by a UN treaty. Such
complaints are dealt with by the Commission on Human Rights under the ‘1503’
procedure. A copy of the complaint is sent to the government concerned (with
the complainant’s name withheld unless otherwise agreed) which may submit a
reply. The case is also sent confidentially to the Human Rights Commission and
Sub-Commission and the complaint and any reply is considered by a working group
of the Sub-Commission. Where a consistent pattern of gross violations is
revealed, the Commission may carry out a thorough study or appoint a special
committee or rapporteur to investigate.
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