Professional Documents
Culture Documents
Topic-II.-Salient-features-of-international-instruments...
Topic-II.-Salient-features-of-international-instruments...
Topic-II.-Salient-features-of-international-instruments...
Introduction
The foundation documents of human rights law are the Universal Declaration of Human
Rights (UDHR, 1948), the International Covenant on Civil and Political Rights (ICCPR, 1966)
and its Optional Protocol, and the International Covenant on Economic, Social and Cultural
Rights (ICESCR, 1966). Known collectively as the International Bill of Human Rights, these
documents were followed by human rights conventions—treaties that become binding law in
those countries that ratify them. When a UN member state ratifies a convention, it agrees to
abide by its provisions, to change the laws of the country to conform to the convention, and to
report on its progress in doing so.
Learning Outcomes
At the end of this topic, the students will be able to:
1. Assess the significance of Human rights education in relation to their future profession as
criminologists.
2. Apply the principles of human rights education in their future profession as would be peace
officers and guardians of justice.
3. Interpret the goals and objectives of human rights education as a very significant course in
relation to the future work and responsibilities of peace officers.
4. Contrast the general and constitutional classification of human rights.
5. Interpret the rights guaranteed to all human beings as enshrined in the Universal Declaration
of Human Rights.
Topic Objectives
By the end of the topic, the students will be able to:
1. Interpret the concepts and principles of Human Rights education in line with the objectives of
Criminal Justice Education.
2. Translate the concepts and principles of Human Rights education in relation to criminal justice
education
3. Relate the importance of human rights education to the future roles and responsibilities of a
public safety officer.
4. Distinguish the general classification of human rights from the constitutional classification of
human rights.
5. Recognize and explain the rights guaranteed to all human beings as described in the Universal
Declaration of Human Rights.
Topic content
Lesson I. United Nation’s (UN) International Bill of Human Rights – legal documents
Background:
1
During World War II, the Allies adopted the Four Freedoms —freedom of speech, freedom of
religion, 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 fully apparent after World War II, the
consensus within the world community was that the United Nations Charter did not sufficiently
define the rights to which it referred. A universal declaration that specified the rights of
individuals was necessary to give effect to the Charter's provisions on 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 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.
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.
Adoption:
The Universal Declaration was adopted by the General Assembly as Resolution 217 on
10 December 1948 in Palais de Chaillot, Paris, as the third United Nations General Assembly
was held there. Of the then 58 members of the United Nations, 48 voted in favor, none against,
eight abstained and Honduras and Yemen failed to vote or abstain.
Contents:
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.
(right to equality)
Article 2. Everyone is entitled to all the rights and freedoms set forth in this Declaration, without
distinction of any kind, such as race, color, 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. (Freedom from
Discrimination)
2
Article 3. Everyone has the right to life, liberty and security of person. (Right to Life, Liberty,
Personal Security)
Article 4. No one shall be held in slavery or servitude; slavery and the slave trade shall be
prohibited in all their forms. (Freedom from Slavery)
Article 6. Everyone has the right to recognition everywhere as a person before the law. (Right to
Recognition 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. (Right
to Equality before the Law)
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. (Right
to Remedy by Competent Tribunal)
Article 9. No one shall be subjected to arbitrary arrest, detention or exile. (Freedom from
Arbitrary Arrest and 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. (Right to Fair Public Hearing)
Article 12. No one shall be subjected to arbitrary interference with his privacy, family, home or
correspondence, nor to attacks upon his honor and reputation. Everyone has the right to
the protection of the law against such interference or attacks. (Freedom from
Interference with Privacy, Family, Home and Correspondence)
3
(2) Everyone has the right to leave any country, including his own, and to return to his
country.
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. (Freedom of Belief and Religion)
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. (Freedom of
Opinion and Information)
4
(3) The will of the people shall be the basis of the authority of government; this 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. (Right to Social
Security)
Article 24. Everyone has the right to rest and leisure, including reasonable limitation of working
hours and periodic holidays with pay. (Right to Rest and Leisure)
5
(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. (Right to a Social Order that
Articulates this Document)
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. (Freedom from State or
Personal Interference in the above Rights)
Legal effect:
While not a treaty itself, the Declaration was explicitly adopted for the purpose of defining the
meaning of the words "fundamental freedoms" and "human rights" appearing in the United
Nations Charter, which is binding on all member states. For this reason, the Universal
Declaration of Human Rights is a fundamental constitutive document of the United Nations. In
addition, many international lawyers believe that the Declaration forms part of customary
international law and is a powerful tool in applying diplomatic and moral pressure to
governments that violate any of its articles.
The 1968 United Nations International Conference on Human Rights advised that the
Declaration "constitutes an obligation for the members of the international community" to all
persons. The Declaration has served as the foundation for two binding UN human rights
covenants: the International Covenant on Civil and Political Rights and the International
Covenant on Economic, Social and Cultural Rights. The principles of the Declaration are
elaborated in international treaties such as the International Convention on the Elimination of All
Forms of Racial Discrimination, the International Convention on the Elimination of
Discrimination against Women, the United Nations Convention on the Rights of the Child,
the United Nations Convention against Torture, and many more.
6
Background:
The United Nations International Covenant of Civil and Political Rights (ICCPR) 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 to take
administrative, judicial, and legislative measures in order 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.
7
Article 25 – Right to political participation.
Article 26 – Equality before the law.
Article 27 – Minority protection.
Limitations:
Article 4 of ICCPR allows for certain circumstances for States Parties to derogate from their
responsibilities under the Covenant, such as during times of public emergencies. However, State
Parties may not derogate from Articles 6, 7, 8 (paragraphs I and 2), 11, 15, 16 and 18.
Enforcement:
Article 2(2) of ICCPR provides that State Parties are to take the “necessary steps…. to adopt
such laws or other measures as may be necessary to give effect to the rights recognized in the
present Covenant.” Countries that have ratified the ICCPR must take steps in their own
jurisdictions to recognize the acceptance of this international covenant because, in “international
law, a signature does not usually bind a State. The treaty is usually subject to a future ratification,
acceptance, approval or accession.”
In addition to State Parties’ formally adopting and recognizing the ICCPR in their jurisdiction,
Article 28 of ICCPR provides for a Human Rights Committee (Committee) to be established for
monitoring the State Parties’ implementation of the Covenant. State Parties are required to
submit reports to the Committee for review, on measures used to adopt and give effect to the
rights enshrined in the ICCPR.
C. The International Covenant on Economic, Social, and Cultural Rights (ICESCR), 1966
Background
The International Covenant on Economic, Social and Cultural Rights and the International
Covenant on Civil and Political Rights were adopted by the General Assembly by its resolution
2200 A (XXI) of 16 December 1966.
The preambles and articles 1, 3 and 5 of the two International Covenants are almost identical.
The preambles recall the obligation of States under the Charter of the United Nations to promote
human rights; remind the individual of his responsibility to strive for the promotion and
observance of those rights; and recognize 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 be achieved only if conditions are created whereby everyone may enjoy
his civil and political rights, as well as his economic, social and cultural rights.
Content
Article 1 of each Covenant states that the right to self-determination is universal and calls upon
States to promote the realization of that right and to respect it. The article provides that “All
peoples have the right of self-determination” and adds that “By virtue of that right they freely
determine their political status and freely pursue their economic, social and cultural
development”.
8
Article 3, in both cases, reaffirms the equal right of men and women to the enjoyment of all
human rights, and enjoins States to make that principle a reality.
Article 5, in both cases, provides safeguards against the destruction or undue limitation of any
human right or fundamental freedom, and against misinterpretation of any provision of the
Covenants as a means of justifying infringement of a right or freedom or its restriction to a
greater extent than provided for in the Covenants. It also prevents States from limiting rights
already enjoyed within their territories on the ground that such rights are not recognized, or
recognized to a lesser extent, in the Covenants.
Article 4, on the other hand provides that the International Covenant on Economic, Social and
Cultural Rights states that the rights provided for therein may be limited by law, but only in so
far as it is compatible with the nature of the rights and solely to promote the general welfare in a
democratic society.
Articles 6 to 15 of the International Covenant on Economic, Social and Cultural Rights recognize
the rights:
to work (art. 6);
to the enjoyment of just and favorable conditions of work (art. 7);
to form and join trade unions (art. 8);
to social security, including social insurance (art. 9);
to the widest possible protection and assistance for the family, especially mothers,
children and young persons (art. 10);
to an adequate standard of living (art. 11);
to the enjoyment of the highest attainable standard of physical and mental health (art.
12);
to education (arts. 13 and 14); and
to take part in cultural life (art. 15).
The International Covenant on Economic, Social and Cultural Rights entered into force on 3
January 1976, three months after the date of deposit with the Secretary-General of the thirty-fifth
instrument of ratification or accession, as provided in article 27.
A. The Convention against Torture and other Cruel, Inhuman or Degrading treatment or
Punishment, 1984
Background
The Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment (commonly known as the United Nations Convention against Torture (UNCAT)) is
an international human rights treaty, under the review of the United Nations, that aims to
prevent torture and other acts of cruel, inhuman, or degrading treatment or punishment around
the world.
9
The Convention requires states to take effective measures to prevent torture in
any territory under their jurisdiction, and forbids states to transport people to any country where
there is reason to believe they will be tortured.
The text of the Convention was adopted by the United Nations General Assembly on 10
December 1984 and, following ratification by the 20th state party, it came into force on 26 June
1987. 26 June is now recognized as the International Day in Support of Victims of Torture, in
honor of the Convention. Since the convention's entry into force, the absolute prohibition against
torture and other acts of cruel, inhuman, or degrading treatment or punishment has become
accepted as a principle of customary international law. As of June 2020, the Convention has 170
state parties.
Content
The Convention follows the structure of the Universal Declaration of Human
Rights (UDHR), International Covenant on Civil and Political Rights (ICCPR) and
the International Covenant on Economic, Social and Cultural Rights (ICESCR), with a preamble
and 33 articles, divided into three parts:
Part I (Articles 1–16) contains a definition of torture (Article 1), and commits parties to taking
effective measures to prevent any act of torture in any territory under their jurisdiction (Article
2). These include ensuring that torture is a criminal offense under a party's municipal
law (Article 4), establishing jurisdiction over acts of torture committed by or against a party's
nationals (Article 5), ensuring that torture is an extraditable offense (Article 8), and
establishing universal jurisdiction to try cases of torture where an alleged torturer cannot be
extradited (Article 5). Parties must promptly investigate any allegation of torture (Articles 12 and
13), and victims of torture, or their dependents in case victims died as a result of torture, must
have an enforceable right to compensation (Article 14). Parties must also ban the use
of evidence produced by torture in their courts (Article 15), and are barred from deporting,
extraditing, or refouling people where there are substantial grounds for believing they will be
tortured (Article 3).
Parties are required to train and educate their law enforcement personnel, civilian or military
personnel, medical personnel, public officials, and other persons involved in
the custody, interrogation, or treatment of any individual subjected to any form of arrest,
detention, or imprisonment, regarding the prohibition against torture (Article 10). Parties also
must keep interrogation rules, instructions, methods, and practices under systematic review
regarding individuals who are under custody or physical control in any territory under their
jurisdiction, in order to prevent all acts of torture (Article 11). Parties are also obliged to prevent
all acts of cruel, inhuman, or degrading treatment or punishment in any territory under their
jurisdiction, and to investigate any allegation of such treatment. (Article 16).
Part II (Articles 17–24) governs reporting and monitoring of the Convention and the steps taken
by the parties to implement it. It establishes the Committee against Torture (Article 17), and
empowers it to investigate allegations of systematic torture (Article 20). It also establishes an
optional dispute-resolution mechanism between parties (Article 21) and allows parties to
10
recognize the competence of the Committee to hear complaints from individuals about violations
of the Convention by a party (Article 22).
Part III (Articles 25–33) governs ratification, entry into force, and amendment of the
Convention. It also includes an optional arbitration mechanism for disputes between parties
(Article 30).
B. The Convention on the Elimination of All Forms of Discrimination against Women, 1979
Background
Adopted in 1979 by the UN General Assembly, is often described as an international bill of
rights for women. Consisting of a preamble and 30 articles, it defines what constitutes
discrimination against women and sets up an agenda for national action to end such
discrimination.
By accepting the Convention, States commit themselves to undertake a series of measures to end
discrimination against women in all forms, including:
to incorporate the principle of equality of men and women in their legal system, abolish
all discriminatory laws and adopt appropriate ones prohibiting discrimination against
women;
to establish tribunals and other public institutions to ensure the effective protection of
women against discrimination; and
to ensure elimination of all acts of discrimination against women by persons,
organizations or enterprises.
The Convention provides the basis for realizing equality between women and men through
ensuring women's equal access to, and equal opportunities in, political and public life --
including the right to vote and to stand for election -- as well as education, health and
employment. States parties agree to take all appropriate measures, including legislation and
temporary special measures, so that women can enjoy all their human rights and fundamental
freedoms.
The Convention is the only human rights treaty which affirms the reproductive rights of women
and targets culture and tradition as influential forces shaping gender roles and family relations. It
affirms women's rights to acquire, change or retain their nationality and the nationality of their
children. States parties also agree to take appropriate measures against all forms of traffic in
women and exploitation of women.
11
Countries that have ratified or acceded to the Convention are legally bound to put its provisions
into practice. They are also committed to submit national reports, at least every four years, on
measures they have taken to comply with their treaty obligations.
The UNCRC consists of 54 articles that set out children’s rights and how governments should
work together to make them available to all children.
Under the terms of the convention, governments are required to meet children’s basic needs and
help them reach their full potential. Central to this is the acknowledgment that every child has
basic fundamental rights. These include the right to:
Life, survival and development
Protection from violence, abuse or neglect
An education that enables children to fulfil their potential
Be raised by, or have a relationship with, their parents
Express their opinions and be listened to.
In 2000, two optional protocols were added to the UNCRC. One asks governments to ensure
children under the age of 18 are not forcibly recruited into their armed forces. The second calls
on states to prohibit child prostitution, child pornography and the sale of children into slavery.
These have now been ratified by more than 120 states. A third optional protocol was added in
2011. This enables children whose rights have been violated to complain directly to the UN
Committee on the Rights of the Child.
Since it was adopted by the United Nations in November 1989, 196 countries have signed up to
the UNCRC, with only one country still to ratify. All countries that sign up to the UNCRC are
bound by international law to ensure it is implemented. This is monitored by the Committee on
the Rights of the Child. The UNCRC is also the only international human rights treaty to
give non-governmental organizations (NGOs), like Save the Children, a direct role in overseeing
its implementation.
12