Lesson 5

THE U.N. DECLARATION ON HUMAN RIGHTS

WHAT ARE HUMAN RIGHTS? All human beings are born equal. They are equal in dignity and respect. Each individual has the right to live decently. Everyone has the right to work for a living. Individuals have the right to move freely anywhere in the world. They have the right to speak in their language. They have the right to live according to their culture and tradition. These basic rights of mankind were described as natural rights in the 17th century. They became legal and Rights of Man in the 18th Century. They were gradually written into the national constitutions. The French Declaration of the Rights of Man and of the Citizen of 1789 and the American Bill of Rights of 1791 are certain examples. A number of independent states adopted these principles in the 19th century. Later social and economic rights of man also came to be recognized. These are now known as Human Rights. The Rights of man were prevented or eliminated in several parts of the world due to several factors. During the 20th Century Colonialism, Imperialism, the First World War, Rise of Totalitarian regimes, Nazism, Fascism, the Second World War and the policy of 183

Apartheid led to gross violation of the basic or human rights of mankind. They proved that Governments of some countries alone couldnt protect the human rights of mankind. Therefore the International Body namely the United Nations Organisations took up the matter. The U.N. Declaration on Human Rights, 1948: The United Nations Organisation was established on 24 October 1945. Immediately after its establishment a Commission was set up to draw the Human Rights under the Economic and Social Council. It is called as the Commission on Human Rights. This Commission drafted the International Bill of Human Rights. It was adopted by the United Nations General Assembly on 10 December 1948. It is known as the Universal Declaration of Human Rights. It is considered as a Common standard of achievement for all peoples and nations;. There are 30 Articles in this Declaration. Its preamble recognizes the inherent dignity and the equal and inalienable rights of all members of the human family. The Articles describe the Human Rights. The Declaration expresses the Universality of Rights of Man. It recognizes the equality of human dignity. All human beings are entitled to the rights set out in this Declaration without discrimination of any kind. The rights mentioned in the 30 articles are broadly of two kinds. They are (1) Civil and Political Rights, and (2) the Economic, Social and Cultural Rights. The Civil and Political Rights: The civil and political rights are intimately related to modern democracy. The protection of these rights would help the success of democracy. These rights are (1) the Rights to life, liberty and security of person; (2) Freedom from slavery and torture; (3) Equality before the law; (4) Protection against arbitrary arrest, detention or exile; (5) the Right to a fair trial; (6) the Right to own property; (7) the Right to political participation; (8) the Right to marriage; (9) the Fundamental freedoms of thought, conscience and religion, opinion and expression; (10) Freedom of peaceful assembly and association; (11) the Right to take part in the government of his/ her country, directly or through freely chosen representatives. The Indian Constitution contains many of these rights in Part III under Fundamental Rights. 184

The Economic, Social and Cultural Rights: Man does not live with just freedom of speech and belief. He has to be free from fear and want. Therefore the U.N.O. gave equal status to economic, social and cultural rights also. These rights include (1) the Right to work; (2) the Right to equal pay for equal work; (3) the Right to form and join trade Unions; (4) the Right to an adequate standard of living; (5) the Right to education; and (6) the Right to participate freely in cultural life. How Human Rights are protected? The Universal Declaration of Human Rights applies to all countries. When this was adopted in 1948 there were 58 member states in the U.N.O. The content of the Declaration was elaborated in 1966. The U.N.O adopted two Covenants in that year. They are (1) The International Covenant on Economic, Social and Cultural Rights (ICESCR) and (2) the International Covenant on Civil and Political Rights (ICCPR) and an Optional Protocol to it. They were adopted on 16 December 1966. The Member States agreed to take measures for their implementation. By 1996 129 states out of 185 had ratified these covenants. These covenants are legally binding upon the States parties to them. Therefore the State is the guarantor. It is the protector of human rights. It is the task of all Member States of the U.N.O. to protect human rights in their nations. They have to promote and encourage respect for human rights. They have to prevent the violation of human rights. The member countries take several measures to protect human rights. They follow certain procedures for their implementation. They send periodic reports to the U.N.O on their implementation and protection of human rights. The international community views the threat to the peace and security in the world caused by the violation of human rights seriously. The World Conference on Human Rights, held at Vienna in 1993 considered it. This Conference adopted the Vienna Declaration and Programme of Action. It stated that the promotion and protection of all human rights is a legitimate concern of the international community. In India, the Government of India passed an Act in 1993. According to it the National Human Rights Commission was set up in 1993 at New Delhi. There are State Human Rights Commissions in the states. They promote and protect the human rights of the people in India. The Other Instruments of the U.N.O to protect Human Rights: There are a large number of conventions, declarations and 185

recommendations adopted by the U.N. General Assembly on human rights. They elaborate the rights set out in the Universal Declaration. They apply to all member states. But they do not have the same legal force as the conventions which are legally binding. Some of them are (1) Convention on the Prevention and Punishment of the Genocide, 1948; (2) Conventions on the Status of Refugees, 1951; (3) Convention on Political Rights of Women, 1952; (4) Convention concerning the Abolition of Forced Labour 1957; (5) Declaration of the Rights of the Child, 1959; (6) Declaration on the Elimination of Discrimination against Women, 1967; (7) Convention on the Rights of the Child, 1989 (This came into force on 2 September, 1990. 187 states had become parties to it on 31 May, 1996); and (8) the Declaration on the Elimination of Violence against Women 1993. Thus the U.N.O has been playing a big role in the protection of human rights at the world level. Learning Outcome
1. The pupil will be able to define what is meant by human rights. 2. The pupil will be able to point out the civil and political rights. 3. The pupil will be able to mention the economic, social and cultural rights. 4. The pupil will explain how human rights are protected. 5. The pupil will be able to point out the other instruments of the U.N.O to protect human rights.

SELF-EVALUATION I. Choose the Correct Answer 1. The Basic rights of mankind were described in the 17th century as a) Human rights b) Natural rights c) Civil rights d) Rights of Man. 2. Natural rights became rights of man in the a) 19th Century c) 16th Century 186 b) 18th Century d) 17th Century

3. The U.N. Declaration of Human Rights was adopted on a) 24 October 1944 c) 10 December 1996 b) 24 October 1945 d) 10 December 1948

4. Fundamental Rights in the Indian Constitution are in a) Part III c) Part IV b) Part II d) Part V

5. The World Conference on Human Rights at Vienna was held in a) 1994 c) 1993 b) 1992 d) 1995

6. The Convention on the Rights of the Child was adopted in a) 1989 c) 1987 II. Fill in the Blanks 1. The French Declaration of the Rights of Man and of the Citizen was made in _______________ 2. There are _______________ articles in Universal Declaration of Human Rights. 3. The Member States send periodic reports to the_____________ 4. The National Human Rights Commission was set up in India in 1993 at _______________ 5. The _______________ has been playing a big role in the protection of human rights. III. Match the Following 1. American Bill of Rights 2. The Universal Declaration Human Rights 3. ICESCR 187 10 December 1948 1966 1791 b) 1990 d) 1988.

IV. Answer Briefly 1. How the basic rights of mankind described in the 17th century? 2. What led to the gross violation of human rights? 3. When did the U.N. General Assembly adopt the Declaration of Human Rights? 4. What are two broad kinds of rights in the Declaration of Human Rights? 5. Point out a few civil and political rights. 6. Mention few economic, social and cultural rights. 7. Mention briefly how human rights are protected. V. Answer in Detail 1. Write about the Universal Declaration of Human Rights. 2. Explain how human rights are protected? 3. List out the Civil and Political rights. 4. List out the Economic, Social and Cultural rights. 5. Mention some of the other Instruments on Human Rights.

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