Human rights/Addendum

Human Rights Declarations

The Universal Declaration of Human Rights (1948)

The first two articles of the Declaration are declarations of its universality. They are followed by seventeen articles that specify rights that are now generally accepted by western democracies, and two that deal with implementation by the requirement that "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." (article 8) and "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"(article 10). Of the remaining articles, five (22 to 26) are additional "social articles" that specify rights to social security, employment and trade union membership, leisure, health and education.

The Cairo Declaration on Human Rights in Islam (1990)

The Cairo declaration was signed by the member states of the Organisation of the Islamic Conference in 1990. Article 24 of the declaration states: "All the rights and freedoms stipulated in this Declaration are subject to the Islamic Sharia" and article 25,states that "The Islamic Sharia is the only source of reference for the explanation or clarification of any of the articles of this Declaration".

The Bangkok Declaration (1993)

The Bangkok declaration recognises that "while human rights are universal in nature, they must be considered in the context of a dynamic and evolving process of international norm-setting, bearing in mind the significance of national and regional particularities and various historical, cultural and religious backgrounds" .

The Vienna Declaration and Programme of Action(1993)

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Human Rights Instruments

The United Nations Treaties on Human Rights

(the numbers of ratifications by May 2012 are shown thus [xxx])

• The International Convention on the Elimination of All Forms of Racial Discrimination
  (utlaws both racial discrimination - except for "positive discrimination" - and racist propaganda.)[175]
• The International Covenant on Civil and Political Rights
  (Includes qualified rights to life, liberty, religious freedom, privacy and freedom of speech}[167]
• The International Covenant on Economic, Social and Cultural Rights
  (Includes qualified rights to employment, a fair wage, trade union membership, social security, health and education)[160]
• The Convention on the Elimination of All Forms of Discrimination against Women
  (recognises the unqualified rights of women to equality with men in legal status, employment, education, participation in public life, and decisions concerning procreation and undertakes to counter discriminatory social and cultural attitudes and patterns of conduct) [187}
• The Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
  (makes torture an unqualified criminal offence, but defines the term to exclude pain or suffering brought about by lawful sanctions.) [150]
• The Convention on the Rights of the Child [193]
• The International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families {45]
• The International Convention for the Protection of All Persons from Enforced Disappearance [32]
• The Convention on the Rights of Persons with Disabilities

Countries become bound to a particular treaty through ratification or accession to it. Either of these two acts signals a country’s concrete willingness to undertake the legal rights and obligations contained in a treaty. A country that has ratified or acceded to a treaty is often referred to as being ‘party to’ the treaty. Signature of a treaty by a country is an indication that the country intends to examine the treaty to determine its position towards it before ratification. While a signature does not bind a country to a treaty, it does result in an obligation to refrain from acts which might defeat the object and purpose of the treaty. Reservations, understandings, and declarations (RUDs) allow a country to exempt itself from certain obligations with which state parties are normally expected to comply.

Status by instrument
Ratification by country

The European Convention on Human Rights

Includes qualified rights to life, liberty and security, freedom of thought, conscience and religion, expression, assembly and association; and an unqualified prohibition of torture. Guarantees remedies against abuse and creates a Court of Human Rights for that purpose.

Human rights jurisprudence

Legislation

• The United Kingdom Human Rights Act 1998

Courts

• The Inter-American Court on Human Rights
• The European Court of Human Rights

Cases

• European Court of Human Rights Case Law Database