IV.10 UN
Global Human Rights Norms
All the forces in the world are not
so powerful
as an idea whose time has come.
George Orwell (1903-1950)
"Human rights
problems are not isolated tragedies, but are like viruses that can infect
and spread rapidly, endangering all of us," Khan said. "Governments today
must show the same degree of vision, courage and commitment that led the
United Nations to adopt the Universal Declaration of Human Rights 60 years
ago."
A Summary of
United Nations Agreements
on Human Rights
Contents
Universal Declaration of Human
Rights
[see full text]
The UDHR is the first international statement to use
the term "human rights", and has been adopted by the Human Rights
movement as a charter. It is short, and worth reading in its entirety
-- a summary would be about as long as the document itself.
Covenant on Civil and Political
Rights
[see full text]
This covenant details the basic civil and political
rights of individuals and nations. Among the rights of nations are:
Among the rights of individuals are:
The covenant forbids
torture and inhuman or degrading treatment,
slavery or involuntary servitude,
arbitrary arrest and detention, and
debtor's prisons. It forbids
propaganda advocating either war or
hatred based on race, religion, national origin,
or language.
It provides for the right of people to
choose freely whom they will marry and to found
a family, and
requires that the duties and obligations of
marriage and family be shared equally between partners. It
guarantees the rights of
children and
prohibits discrimination based on race, sex,
color, national origin, or language.
It also
restricts the death penalty to the most serious
of crimes, guarantees condemned people the right to appeal
for
commutation to a lesser penalty, and
forbids the death penalty entirely for people
under 18 years of age.
The covenant permits governments to temporarily
suspend some of these rights in cases of
civil emergency only, and lists those
rights which cannot be suspended for any reason.
It also
establishes the UN Human Rights Commission.
After almost two decades of negotiations and
rewriting,
the text of the Universal Covenant on Civil and
Political Rights was agreed upon in 1966. In 1976, after
being ratified by the required 35 states, it became international law.
Optional Protocol to the Covenant
on Civil and Political Rights
The protocol adds legal force to the Covenant on
Civil and Political Rights by allowing the Human Rights Commission to
investigate and judge complaints of human rights violations from
individuals from signator countries.
Covenant on Economic, Social, and
Cultural Rights
[see full
text text]
This covenant describes the basic economic, social,
and cultural rights of individuals and nations, including the right
to:
In addition, this convention forbids
exploitation of children, and
requires
all nations to cooperate to end world hunger.
Each nation which has ratified this covenant is required to submit
annual reports on its progress in providing for these rights to the
Secretary General, who is to transmit them to the Economic and Social
Council.
The
text of this covenant was finalized
in 1966 along with that of the Covenant on Civil and Political Rights,
but has not been ratified yet.
UN Convention on the Condition of
the Wounded and Sick in Armed Forces (I)
Also called the first Geneva Convention
The first Geneva Convention focuses on the rights of
individuals, combatants and non-combatants, during war. It is lengthy
and detailed, perhaps because human rights are rarely at such risk as
during war and, in particular, involving prisoners of war or enemy
captives.
This convention
bans acts committed with the intent to destroy,
in whole or in part, a national, ethnic, racial or religious group.
It
declares genocide a crime under international
law whether committed during war or peacetime, and binds
all signators of the convention to to take measures to prevent and
punish any acts of genocide committed within their jurisdiction. The
act bans
killing of members of any racial, ethnic,
national or religious group because of their membership in that group,
causing serious bodily or mental harm to members
of the group,
inflicting on members of the group conditions of
life intended to destroy them,
imposing measures intended to prevent births
within the group, and
taking group members' children away from them
and giving them to members of another group.
It declares
genocide itself,
conspiracy or
incitement to commit genocide,
attempts to commit or
complicity in the commission of
genocide all to be illegal. Individuals are to be held responsible for
these acts
whether they were acting in their official
capacities or as private individuals. Signators to the
convention are bound to
enact appropriate legislation to make the acts
named in Article 3 illegal under their national law and provide
appropriate penalties for violators.
People suspected of acts of genocide may be tried
by a national tribunal in the territory where
the acts were committed or by a properly constituted international
tribunal whose jurisdiction is recognized by the state or
states involved. For purposes of extradition,
an allegation of genocide is not to be
considered a political crime, and states are bound to
extradite suspects in accordance with national laws and treaties. Any
state party to the Convention may also
call upon the United Nations to act to prevent
or punish acts of genocide.
The remainder of the Convention specifies
procedures for resolving disputes
between nations about whether a specific act or acts constitute(s)
genocide, and gives procedures for ratification of the convention.
Convention against Torture
This convention bans torture under all circumstances
and establishes the UN Committee against Torture. In particular, it
defines torture,
requires states to take effective legal and
other measures to prevent torture, declares that
no state of emergency, other external
threats, nor
orders from a superior officer or authority
may be invoked to justify torture. It
forbids countries to return a refugee to his
country if there is reason to believe he/she will be
tortured, and
requires host countries to consider the human
rights record of the person's native country in making this
decision.
The CAT
requires states to make torture illegal
and
provide appropriate punishment for
those who commit torture. It requires states to
assert jurisdiction when torture is
committed within their jurisdiction, either
investigate and prosecute themselves,
or upon proper request
extradite suspects to face trial
before another competent court. It also requires states
to cooperate with any civil proceedings
against accused torturers.
Each state is obliged to
provide training to law enforcement and military
on torture prevention,
keep its interrogation methods under review,
and
promptly investigate any allegations that its
officials have committed torture in the course of their
official duties. It must ensure that
individuals who allege that someone has
committed torture against them are permitted to make and official
complaint and have it investigated, and, if the complaint
is proven,
receive compensation, including full medical
treatment and payments to survivors if the victim dies as a result of
torture.. It forbids states to admit into evidence during a
trial
any confession or statement made during or as a result of torture.
It also forbids activities which do not rise to the level of torture,
but which constitute
cruel or degrading treatment.
The
second part of the Convention
establishes the Committee Against Torture, and sets out the rules on
its membership and activities.
The Convention was passed and opened for
ratification in February, 1985. At that time twenty nations signed,
and five more signed within the month. At present sixty five nations
have ratified the Convention against torture and sixteen more have
signed but not yet ratified it.
Convention on Eliminiation of
Discrimination Against Women
[see full text]
This convention bans discrimination against women.
The copy of the Convention on Women presently accessible through this
page is a fully- indexed HTML document. A linked summary of the
document will be written in the next few weeks.
Convention on the Rights of the
Child
[see a summary]
This convention bans discrimination against children
and provides for special protection and rights appropriate to minors.
The copy of the Convention on the Rights of the Child presently
accessible through this page is a fully-indexed HTML document. A
linked summary of the document will be written in the next few weeks.
The Charter of the United Nations contains some
important human rights provisions, in addition to containing the
framework for the organization as a whole. This is a fully indexed
HTML version of the charter. A summary will be written at some future
date.
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