MAKING A

DIFFERENCE
An Introduction to
Human Rights
© 2018 United Nations Human Rights Regional Office for Europe

Publication of the United Nations Human Rights Regional Office for Europe issued on the occasion of
the 70th anniversary of the Universal Declaration on Human Rights, 10 December 2018.

Available open access in compliance with the Creative Commons license created for inter-governmen-
tal organizations, available at: http://creativecommons.org/licenses/by/3.0/igo/.

Photocopies and reproductions of excerpts are permitted with proper credit.

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The United Nations Human Rights Regional Office for Europe gratefully
acknowledges the financial assistance of the European Union for the
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Disclaimer: The designations employed and the presentation of the material in this publication do not
imply the expression of any opinion whatsoever on the part of the United Nations or the European
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Acknowledgments

The United Nations Human Rights Regional Office for Europe is grateful to the Directorate-General for
International Cooperation and Development of the European Union for proposing the idea of the publi-
cation, and Omer Faruk Yalcin and Sir Malcolm Evans for their respective contributions to the contents.
MAKING A
DIFFERENCE
An Introduction to
Human Rights
Foreword

“All human beings are born free and equal in dignity and rights.”
So begins Article 1 of the Universal Declaration of Human
Rights. Drafted by representatives from all regions of the world,
the Universal Declaration captures in one text the shared values
of different cultures, religions, and ideologies and sets a com-
mon standard of achievement.
Human rights free us from fear. When respected and protected,
they empower us to express our beliefs and opinions, to form
associations, and to participate in public affairs. Human rights
also free us from need, because they entitle everyone to educa-
tion and an adequate standard of living. In a nutshell, human
rights call for every person’s safety, dignity, and potential to be fully realized.
Whether civil, cultural, economic, political, or social – all rights are universal, inalienable and interde-
pendent; and we are all endowed with these rights, no matter who we are or where we come from. It is
the responsibility of States and the international community to ensure a social and international order
in which our rights can be fulfilled.
Much has been achieved since the United Nations General Assembly adopted the Universal Declara-
tion of Human Rights on 10 December 1948. Still, we should never take human rights for granted. More
progress is urgently needed as violence, deprivation, discrimination or other human rights violations
continue to inflict intolerable suffering on many women, men, and children on our planet. Whenever
and wherever humanity’s values are abandoned, we are all at risk.
Around the world, the Office of the United Nations High Commissioner for Human Rights Office (OHCHR)
works to protect and promote human rights in cooperation with the other entities of the UN family. The
commitments made by States in the 2030 Sustainable Development Agenda open a new avenue for
advancing human rights while making sure that no one is left behind.
Regional organizations and courts, national human rights institutions, equality bodies, civil society or-
ganizations, and human rights defenders are all vital in ensuring that national laws, policies, and pro-
grammes respect, protect and fulfill human rights. They also play essential roles in assisting victims of
human rights violations.
Yet each one of us can contribute to making human rights a reality for all. And knowledge is a prerequi-
site for action. This publication is not a substitute for formal or informal human rights education, but its
accessible approach seeks to equip any reader with a basic understanding of human rights concepts, so
that you too can make a difference!

Birgit VAN HOUT

Regional Representative for Europe
Office of the UN High Commissioner for Human Rights
10 December 2018

an introduction to human rights  iv

About “Making a Difference”

What is “Making a Difference?”

“Making a Difference” is a user-friendly tool that explains the basic tenets of human rights in an
easy-to-understand and accessible format. It equips the reader with a concise explanation of human
rights as well as the international human rights framework and mechanisms. The objective of the pub-
lication is to make an understanding of human rights available to anyone who may be interested in
learning more about them.

Who is “Making a Difference” for?

“Making a Difference” is for readers without a specific human rights background. However, even readers
already familiar with human rights may find this publication a useful resource for references, case stud-
ies, and illustrations. The publication deliberately avoids legal terminology and includes only essential
footnotes, with a view to presenting an accessible document for a broad readership.

How is “Making a Difference” structured?

“Making a Difference” is divided into six parts that complement each other. Part I introduces the reader
to basic human rights concepts. Part II describes the international, regional, and national human rights
protection systems, or human rights architecture. Part III gives a brief overview of civil, cultural, econom-
ic, political, economic, social, and cultural rights. Part IV covers the human rights protection of specific
groups, such as women, children, persons with disabilities, and indigenous peoples. Part V sheds light
on cross-cutting human rights issues, such as business and human rights, transitional justice, or human
rights in conflict situations. Finally, Part VI briefly explains the links between human rights and the 2030
Agenda for Sustainable Development.

How to read “Making a Difference”?

“Making a Difference” can be read in its entirety, or it can serve as a resource for anyone interested in
finding out more about one or more specific human rights concepts. We hope you enjoy reading it!
A full list of publications by the UN Human Rights Office is available at the following webpage: https://
www.ohchr.org/en/publicationsresources/pages/publications.aspx

an introduction to human rights  v

Table of Contents

About Making a Difference........................................................................................................................................ v

Part I: Introduction to Human Rights................................................................................. 1

What are human rights?............................................................................................................................................. 3
Who is a rights-holder?............................................................................................................................................... 6
Who is a duty-bearer?................................................................................................................................................. 7
Human rights law........................................................................................................................................................ 9
Human rights, democracy and the rule of law....................................................................................................11
Accountability............................................................................................................................................................12
Human rights education..........................................................................................................................................14
Human rights-based approach..............................................................................................................................15
Human rights impact assessment.........................................................................................................................17
Gender integration/mainstreaming.......................................................................................................................18

Part II: Human Rights Mechanisms: International, Regional and National Protection of Human
Rights........................................................................................................................... 19
1) The United Nations human rights system.......................................................................................................21
a) Human Rights Council.........................................................................................................................................25
i. Universal Periodic Review (UPR).........................................................................................................................25
ii. Special Procedures of the Human Rights Council..........................................................................................28
b) Human Rights Treaty Bodies..............................................................................................................................32
c) Special Representatives of the Secretary-General.........................................................................................36
2) Regional protection of human rights................................................................................................................37
a) Africa Region..........................................................................................................................................................38
i. African Union...........................................................................................................................................................38
ii. Sub-Regional Intergovernmental Organizations in Africa.............................................................................42
b) Asia Region.............................................................................................................................................................43
i. Association of Southeast Asian Nations............................................................................................................43
c) Europe Region.......................................................................................................................................................45
i. Council of Europe...................................................................................................................................................45
ii. European Union....................................................................................................................................................50
iii. Organization for Security and Co-operation in Europe................................................................................54
d) Arab Region............................................................................................................................................................56

an introduction to human rights  vi

i. League of Arab States............................................................................................................................................56
e) Americas Region....................................................................................................................................................57
i. Organization of American States.........................................................................................................................57
3) National protection of human rights................................................................................................................64
National Human Rights Action Plans....................................................................................................................64
National Mechanism for Reporting and Follow-up............................................................................................66
National Human Rights Institutions......................................................................................................................67

Part III: Human Rights and Fundamental Freedoms........................................................... 71

1) The right to life.......................................................................................................................................................72
Extrajudicial, summary or arbitrary executions..................................................................................................74
Enforced or involuntary disappearances.............................................................................................................75
Death penalty.............................................................................................................................................................77
2) Prohibition of torture and other cruel, inhuman or degrading treatment or punishment....................79
3) The right to be free from enslavement.............................................................................................................83
4) The prohibition of human trafficking................................................................................................................84
5) The right to liberty and security.........................................................................................................................87
6) Freedom of movement........................................................................................................................................90
7) Freedom of thought, conscience and religion................................................................................................91
8) Freedom of opinion and expression.................................................................................................................92
9) Freedom of peaceful assembly and association............................................................................................93
10) The right to participate in public affairs.........................................................................................................95
11) Protection of private and family life and the right to privacy.....................................................................97
12) Administration of justice and the right to a fair trial....................................................................................99
13) The right to an adequate standard of living................................................................................................102
a) The right to adequate housing.........................................................................................................................102
b) The right to adequate food...............................................................................................................................105
c) The right to water................................................................................................................................................107
d) The right to social security................................................................................................................................109
14) The rights to work and to just and favorable conditions of work...........................................................110
15) The right to health............................................................................................................................................112
16) The right to education.....................................................................................................................................114
17) Cultural rights....................................................................................................................................................117

an introduction to human rights  vii

Part IV: Human Rights Protection of Specific Groups........................................................119
1) Women..................................................................................................................................................................121
2) Children................................................................................................................................................................126
3) Persons with disabilities....................................................................................................................................130
4) Migrants, refugees, internally displaced persons, stateless persons........................................................135
5) Human rights defenders....................................................................................................................................141
6) National, ethnic, religious and linguistic minorities....................................................................................145
7) Indigenous peoples............................................................................................................................................148
8) Persons of African descent................................................................................................................................150
9) Lesbian, gay, bisexual, transgender and intersex persons.........................................................................153
10) Older persons....................................................................................................................................................155
11) Youth...................................................................................................................................................................158
12) Persons living with HIV/AIDS...........................................................................................................................159

Part V: Universal or Cross-Cutting Issues.........................................................................163

1) Human rights in conflict situations.................................................................................................................165
2) Human rights, terrorism and counter-terrorism...........................................................................................168
3) Transitional justice..............................................................................................................................................171
4) Equality and non-discrimination.....................................................................................................................175
5) The right to development.................................................................................................................................177
6) Business and human rights..............................................................................................................................181
7) Human rights and environmental issues.......................................................................................................185

Part VI: The 2030 Agenda for Sustainable Development....................................................189

Sustainable Development Goals and Human Rights.......................................................................................194

an introduction to human rights  viii

List of abbreviations

ACtHPR Cour africaine des droits de l’homme et des peuples

ACtHPR African Court on Human and Peoples’ Rights
AU African Union
ASEAN Association of Southeast Asian Nations
CAT Convention against Torture and Other Cruel, Inhuman, or Degrading Treatment
or Punishment
CJEU Court of Justice of the European Union
CIM Inter-American Commission of Women
CoE Council of Europe
CPT European Committee for the Prevention of Torture and Inhuman or
Degrading Treatment or Punishment
CRPD Convention on the Rights of Persons with Disabilities
CRC Convention on the Rights of the Child
CEDAW Convention on the Elimination of All Forms of Discrimination against Women
CSO Civil Society Organization
EAC East African Community
ECHR Convention for the Protection of Human Rights and Fundamental Freedoms
ECSR European Committee of Social Rights
ECtHR European Court of Human Rights
ECOWAS Economic Community of West African States
ECOSOC Economic and Social Council
ECRI European Commission against Racism and Intolerance
EU European Union
FUR Follow Up and Review
GA General Assembly
GANHRI Global Alliance of National Human Rights Institutions
HRBA Human Rights Based Approach
HRC Human Rights Council
HRCttee Human Rights Committee
IACHR Inter-American Commission on Human Rights
IACtHR Inter-American Court of Human Rights
ICC International Criminal Court
ICCPR International Covenant on Civil and Political Rights

an introduction to human rights  ix

ICERD International Convention on the Elimination of All Forms of Racial Discrimination
ICESCR International Covenant on Economic, Social, and Cultural Rights
ICMW International Convention on the Protection of the Rights of All Migrant
Workersand Members of Their Families
ICPPED International Convention for the Protection of Persons from Enforced Disappearances
ILO International Labour Organization
LAS League of Arab States
MDG Millennium Development Goals
MoI Means of Implementation
NGO Non-governmental organization
NHRI National Human Rights Institution
NPM National Preventive Mechanism
NMRF National Mechanism for Reporting and Follow-up
ODIHR Office for Democratic Institutions and Human Rights
OHCHR Office of the United Nations High Commissioner for Human Rights
OPCAT Optional Protocol to the Convention against Torture
OSCE Organization for Security and Co-operation in Europe
PACE Parliamentary Assembly of the Council of Europe
SADC Southern African Development Community
SDG Sustainable Development Goals
SG Secretary General
SPT Sub-Committee on the Prevention of Torture
UN United Nations
UNCT United Nations Country Team
UNDP United Nations Development Programme
UNESCO United Nations Educational, Scientific, and Cultural Organization
UNHCR United Nations Office of the High Commissioner for Refugees
UNICEF United Nations Children’s Fund
UNOG United Nations Office at Geneva
UPR Universal Periodic Review
WG Working group
WHO World Health Organization

an introduction to human rights  x

List of Case Studies

“Stand Up for Human Rights” uses case studies to illustrate how international, regional, and national
human rights mechanisms function and how human rights law and standards are applied in practice.
Some cases address the human rights situation of specific groups, while others focus on thematic hu-
man rights challenges. Some case studies are included to illustrate the links between human rights
and Sustainable Development Goals, to offer readers a perspective on how respecting, protecting, and
fulfilling human rights can promote the 2030 Agenda for Sustainable Development.

Case 1: Universal Periodic Review of Indonesia

Case 2: Special Rapporteur on the right to food, from her mission to the Philippines
Case 3: Human Rights Committee reviews Bangladesh
Case 4: Mtikila and others v. Tanzania (African Court on Human and Peoples’ Rights)
Case 5: M.C. and C.A. v. Romania (European Court of Human Rights)
Case 6: Defrenne v. Sabena (European Court of Justice)
Case 7: Polish police officer training (OSCE/ODIHR)
Case 8: Human rights of women living with HIV in the Americas
(Inter-American Commission of Women)
Case 9: Yean and Bosico v. Dominican Republic (Inter-American Court of Human Rights)
Case 10: National Human Rights Action Plan of Liberia
Case 11: Land Restitution Report of the South African Human Rights Commission
Case 12: Brincat and others v. Malta (European Court of Human Rights)
Case 13: Statement by the UN human rights experts on unlawful killings of people suspected
of drug-related offences in the Philippines
Case 14: Nitza Paola Alvarado and Others v. Mexico (Inter-American Commission on Human Rights)
Case 15: Mukong v. Cameroon (UN Human Rights Committee)
Case 16: Celepli v. Sweden (UN Human Rights Committee)
Case 17: Vitaliy Symonik v. Belarus (UN Human Rights Committee)
Case 18: Irina Fedotova v. Russian Federation (UN Human Rights Committee)
Case 19: Socialist Party of Turkey (STP) and Others v. Turkey (European Court of Human Rights)
Case 20: A.P., Garçon and Nicot v. France (European Court of Human Rights)
Case 21: Supreme Court of Justice (Quintana Coello and others) v. Ecuador
(Inter-American Court of Human Rights)
Case 22: Ben Djazia and Bellili v. Spain (UN Committee on Economic, Social and Cultural Rights,
2017)
Case 23: SERAC and CESR v. Nigeria (African Commission on Human and People’s Rights)
Case 24: Water and sanitation project in the Democratic Republic of Congo (Solidarités International)

an introduction to human rights  xi

Case 25: Ensuring the right of persons with disabilities to work in Mauritius, Andorra, Paraguay,
and Rwanda
Case 26: The assessment of facilities to ensure everyone’s right to health in Algeria
Case 27: The right to education of minorities and traditional communities in Brazil
Case 28: Female genital mutilation in Guinea
Case 29: Ensuring the right to sanitation of persons with disabilities in Nepal
Case 30: Undocumented children’s access to education in Germany
Case 31: Review of Uruguay by the CEDAW Committee
Case 32: Namibia’s Communal Land Reform
Case 33: Reintegration of child soldiers in Central African Republic
Case 34: INSCHOOL Project by the European Commission and the Council of Europe:
“Inclusive schools: making a difference for Roma children”
Case 35: “Cities of Refuge”: Sheltering persecuted writers and artists
Case 36: Dial 100 Hotline in Brazil for Reporting Violence against LGBT Persons
Case 37: The enjoyment of human rights by older persons in Georgia
Case 38: Review of the Democratic Republic of Congo by the CRC Committee
Case 39: Report of the Sierra Leone Truth and Reconciliation Commission
Case 40: Empowering herder communities in Mongolia
Case 41: Human rights abuses in the palm oil sector
Case 42: Need for stronger protection of people at high-risk from hazardous substances in the
Republic of Korea

an introduction to human rights  xii

Part I:
An Introduction to
Human Rights

an introduction to human rights  1

What are human rights?

“All human beings are born free and

equal in dignity and rights.”
The Universal Declaration of Human Rights

Human rights are inherent to all human beings. Regardless of race, colour, sex, language, religion,
political or other opinion, national or social origin, property, birth, or other status, all human beings are
equally entitled to all human rights. This is because human rights derive from the inherent dignity and
worth of all human beings.
Human rights are inalienable. No one can be deprived of their human rights. Human beings’ enjoyment
of their rights may be limited only in specific situations and according to due process. For example, the
right to liberty may be restricted if a person is found guilty of a crime by a court of law.
Human rights are universal. Human rights apply equally and without discrimination to everyone, ev-
erywhere in the world. States shall promote and protect all human rights and fundamental freedoms,
regardless of their political, economic, and cultural systems.
Human rights are indivisible, interdependent, and interrelated. The enjoyment of some human rights
cannot be emphasized over others, as they are all equally important and equally essential to respecting
the dignity and worth of every person. The improvement of one right facilitates the advancement of oth-
ers. Likewise, the deprivation of one right often affects the enjoyment of others.
Human rights are guaranteed under international law. Human rights are first and foremost protected
at national level by States. However, the grave human rights violations that took place during the Second
World War led the international community to unite around common minimum standards of dignity for all
human beings, in an effort to ensure that such violations would never be repeated. These standards have
evolved into human rights law and are guaranteed at the international level. In 1948, the United Nations
adopted the Universal Declaration of Human Rights, and since then they have adopted nine core interna-
tional human rights treaties and their additional protocols. When States become parties to international
human rights treaties, they agree to be bound by the obligations set forth in those treaties and to be held
accountable for their duties and responsibilities.

an introduction to human rights  2

UNIVERSAL DECLARATION OF HUMAN RIGHTS

NO. OF ARTICLE TITLE

Article 1 Free and equal

Article 2 Freedom and discrimination
Article 3 Right to life
Article 4 Freedom from slavery
Article 5 Freedom from torture
Article 6 Right to recognition before the law
Article 7 Right to equality before the law
Article 8 Access to justice
Article 9 Freedom from arbitrary detention
Article 10 Right to a fair trial
Article 11 Presumption of innocence
Article 12 Right to privacy
Article 13 Freedom of movement
Article 14 Right to asylum
Article 15 Right to nationality
Article 16 Right to marry and to found a family
Article 17 Right to own property
Article 18 Freedom of religion or belief
Article 19 Freedom of expression
Article 20 Freedom of assembly
Article 21 Right to partake in public affairs
Article 22 Right to social security
Article 23 Right to work
Article 24 Right to leisure and rest
Article 25 Right to adequate standard of living
Article 26 Right to education
Article 27 Right to cultural, artistic, and scientific life
Article 28 Right to a free and fair world
Article 29 Duty to the community
Article 30 Rights are inalienable

an introduction to human rights  3

BOX 1: A HIERARCHY OF HUMAN RIGHTS?

The Universal Declaration of Human Rights sets a common standard of achievement for all peoples
and all nations. It provides for universal, indivisible, and interdependent and interrelated human
rights and fundamental freedoms.
Most of the rights affirmed by the international community in the Universal Declaration of Human
Rights were given a legally binding status with the adoption by the UN General Assembly of two
international human rights treaties in 1966: the International Covenant on Civil and Political Rights
and the International Covenant on Economic, Social, and Cultural Rights.
The fact that there are two covenants, however, does not mean that there are two distinct categories
of rights. The indivisibility, interdependency, and interrelatedness of human rights means that there
is no hierarchy of human rights. Civil and political rights, and economic, social and cultural rights are
all equally important and essential. They equally contribute to the expression of a person’s dignity.
The right to health, for example, may depend on fulfilling the right to development, to education,
or to information. Or a lack of access to an adequate living standard may lead to circumstances
that breach the right to be free from torture and other cruel, inhuman, or degrading treatment or
punishment.

“(…) All human rights are universal, indivisible and interde-

pendent and interrelated. The international community must
treat human rights globally in a fair and equal manner, on
the same footing, and with the same emphasis. While the sig-
nificance of national and regional particularities and various
historical, cultural and religious backgrounds must be borne
in mind, it is the duty of States, regardless of their political,
economic and cultural systems, to promote and protect all hu-
man rights and fundamental freedoms.”
The Vienna Declaration and Programme of Action as adopted by the
World Conference on Human Rights

an introduction to human rights  4

Who is a rights-holder?

Every human being is inherently a rights-holder and is entitled to the enjoyment of human rights and
fundamental freedoms under international law.
Everyone is equally entitled to the enjoyment of their rights, without discrimination. Non-discrimination
and equality before the law are fundamental principles of international human rights law. Everyone is
entitled to equal respect for their rights and to freedom from discrimination on prohibited grounds, such
as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth,
or other status.
Groups of individuals may also be rights-holders. Rights that are held by groups of individuals as opposed
to one individual are called collective rights. For example, the United Nations Declaration on the Rights
of Indigenous Peoples addresses both the individual and collective rights of indigenous peoples.

Women’s March 2017 - Pennsylvania Ave

Photo © 2017 Vlad Tchompalov in Unsplash

an introduction to human rights  5

Who is a duty-bearer?

The State is the principal duty-bearer under international human rights law. It has primary responsibili-
ty for respecting, protecting, and fulfilling the human rights of all persons in their jurisdiction.

States must refrain from interfering

STATE OBLIGATIONS

with or curtailing the enjoyment of

Obligation to respect human rights

States must protect individuals

Obligation to protect and groups against human rights
abuses

Obligation to fulfil States must take positive action to

facilitate the enjoyment of human
rights

For example, States are obliged under international human rights law to respect, protect, and fulfil the
right to adequate food. Some examples of what States can do in this regard are:

Respect for the right to food

Refrain from any measure that would prevent access to adequate food, such as arbitrary eviction from
land.

Respect for the right to liberty

Adopt laws or take other measures to prevent private companies from violating the right to food, for exam-
ple by polluting land and water supplies.

Fulfil the right to food

Implement policies, such as land reform, to ensure the population’s access to adequate food, and to in-
crease the capacity of vulnerable groups to feed themselves.

an introduction to human rights  6

Although States are the principal duty-bearers in the international human rights law system, human rights
obligations may also arise for non-State actors, such as corporations, international organizations, para-
military groups, or non-State armed groups. For example, transnational corporations should support and
respect the protection of human rights and should make sure that they are not complicit in human rights
abuses. However, this does not mean that the State can relieve itself of its human rights obligations by del-
egating them to non-State actors. In situations where a non-State actor does not have ties with the State,
the State may still violate its human rights obligations if it fails to exercise due diligence, i.e. does not do
everything in its capacity to protect the population from violations and abuses committed by non-State
actors.

“(…) Every individual and every organ of society

shall strive by teaching and education to promote
respect for these rights and freedoms and by pro-
gressive measures, national and international, to
secure their universal and effective recognition and
observance, both among the peoples of the Member
States themselves and among other peoples of terri-
tories under their jurisdiction.”
The Preamble of the Universal Declaration of Human Rights

an introduction to human rights  7

Human rights law

Following the adoption of the Universal Declaration of Human Rights, States drafted two international
human rights treaties in 1966: the International Covenant on Civil and Political Rights and the Interna-
tional Covenant on Economic, Social and Cultural Rights.

BOX 2: THE INTERNATIONAL BILL OF RIGHTS

The International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on
Economic, Social, and Cultural Rights (ICESCR), together with the Universal Declaration on Human
Rights (UDHR), form the International Bill of Human Rights.

• ICCPR + ICESCR + UDHR = International Bill of Human Rights

In addition to the UDHR and the two Covenants, a series of international human rights treaties and proto-
cols have been adopted throughout history at the global and regional levels. These instruments, together
with customary international law, form the body of international human rights law.
By signing and ratifying, or acceding to a treaty, States acknowledge that they are legally bound by
its provisions. This means that they are required to meet the obligations laid out in the treaty, including
putting in place relevant domestic measures and legislation. Only the States that have become the State
parties to a treaty are bound by its provisions.
States can become a State party through signature followed by ratification. Otherwise States can accede
to a treaty, which entails the State’s will to be bound by a treaty that it has not previously signed. If the law
permits, States may also denounce or withdraw from a treaty.
State parties to treaties may be entitled to enter a reservation with respect to their acceptance of the
obligations arising from the treaty. The objective of a reservation is to exclude or modify application of a
right stipulated in the treaty. Any reservation must be compatible with the purpose and objective of the
treaty. Contrary to reservations, a declaration offers a State party’s interpretation of a provision without
excluding or modifying its application for the State party.
In addition to legally binding international human rights treaties, there are so-called soft-law instru-
ments, such as declarations, principles, and guidelines adopted at the international level, which contrib-
ute to the understanding, implementation, and development of human rights law.
Some human rights obligations are binding on all States regardless of whether they have ratified human
rights treaties or not. These norms form customary international law, which is defined as “a general
practice accepted as law”. For example, human rights norms prohibiting apartheid, genocide, slavery, and
torture constitute a part of customary international law.
Since the State is the principal duty-bearer, human rights are first and foremost protected at the national
level. Most States have adopted in their constitutions and other laws provisions that guarantee the pro-
tection of human rights and fundamental freedoms. When they become parties to international human
rights treaties, States undertake to put into place domestic measures and legislation compatible with
their treaty obligations and duties. Accordingly, they must adopt, and if necessary, amend their national

an introduction to human rights  8

laws, policies, and programmes, to uphold their human rights obligations.
Many international and regional human rights treaties provide for mechanisms and procedures that
monitor their implementation. This can be, for example, reporting obligations that help States illustrate
what measures they take in applying the treaty; an independent body monitoring the human rights situ-
ation in the country; or a court or committee that reviews individual complaints of alleged human rights
violations, breaches of State obligations, or complaints brought by a State against another State. When
performing their mandates, these mechanisms and procedures interpret international human rights
norms and standards. In fact, human rights instruments are “living instruments” and must be interpreted
in the light of present circumstances.
States may limit the enjoyment of certain rights as set out in the derogation clauses, but such limitation
must not be arbitrary. States must respect the principles of legality, necessity, and proportionality when
limiting rights. This means that the limitation must have a legal basis, be necessary in a democratic soci-
ety, and be proportionate to the legitimate aim pursued. Whether a limitation is necessary and propor-
tionate will vary from case to case.
When States do not comply with their human rights obligations, human rights violations occur. A viola-
tion may occur when a State illegally interferes with rights; when it fails to act or to prevent rights violations
committed by private entities such as other individuals; or when it fails to take measures for the realization
of human rights. States are responsible for rights violations when they are attributable to them; and when
rights violations occur, States must remedy them. Where there is a consistent pattern and a systematic
policy of violations that have reached a high degree of seriousness, this indicates gross and systematic
human rights violations. Such a threshold may be determined by the nature of the particular right, the
magnitude of the violation, the vulnerability of the victims, and the impact of the violation.

“(…) Each State Party to the present Covenant un-

dertakes to take steps, individually and through inter-
national assistance and co-operation, especially eco-
nomic and technical, to the maximum of its available
resources, with a view to achieving progressively the
full realization of the rights recognized in the present
Covenant by all appropriate means, including particu-
larly the adoption of legislative measures.”
Article 2 of the International Covenant on Economic,
Social and Cultural Rights

an introduction to human rights  9

Human rights, democracy and the rule of law

Respect for human rights and fundamental freedoms are essential elements of democracy and the rule
of law. At the same time, democracy, the rule of law, and strong institutions are essential for the enjoy-
ment of human rights and fundamental freedoms.

“The will of the people shall be the basis of the authority of

government; this will shall be expressed in periodic and gen-
uine elections, which shall be by universal and equal suffrage
and shall be held by secret vote or by equivalent free voting
procedures.”
Article 21 of the Universal Declaration of Human Rights

BOX 3: THE PROGRESSIVE REALIZATION OF ECONOMIC, SOCIAL,

AND CULTURAL RIGHTS

When States fail to take measures for the realization of human rights, rights violations may occur.
However, the international community has affirmed that certain rights can be progressively realized
over time.
Because the economic and technical capacities of States vary, the International Covenant on Eco-
nomic, Social, and Cultural Rights acknowledges that the fulfilment of economic, social, and cultur-
al rights can only be achieved over time.
This does not mean that States have obligations only when they reach a certain level of econom-
ic and technical capacity. On the contrary, the Covenant implies that the realization of economic,
social, and cultural rights is a continuous process, and States are obliged to take deliberate steps,
using the maximum available resources to advance these rights.
There are also steps that must be taken immediately irrespective of resource availability, such as
eliminating discrimination in access to economic, social, and cultural rights.

“[The rule of law] refers to a principle of governance in which all persons,

institutions and entities, public and private, including the State itself, are
accountable to laws that are publicly promulgated, equally enforced, and
independently adjudicated, and which are consistent with international
human rights norms and standards. It requires, as well, measures to ensure
adherence to the principles of supremacy of law, equality before the law,
accountability to the law, fairness in the application of the law, separation
of powers, participation in decision-making, legal certainty, avoidance of
arbitrariness and procedural and legal transparency.”
Report of the UN Secretary General S/2004/616

an introduction to human rights  10

 BOX 4: THE RULE OF LAW

It is through the rule of law that human rights are turned from principles into reality. Where there is
the rule of law
yy all persons, institutions and entities are accountable under the law;
yy laws are publicly announced, equally enforced, independently decided upon, and consistent
with international human rights norms and standards;
yy the supremacy of law is respected;
yy all persons, institutions, and entities are equal before the law;
yy laws are applied fairly;
yy the principle of separation of powers applies, meaning the judiciary, the executive branch, and
the legislature operate independently from one another;
yy people participate in decision-making processes; and
yy the principle of legal certainty is respected, and arbitrariness is avoided, ensuring procedural
and legal transparency.

Accountability

Accountability refers to the obligation of duty-bearers to the rights-holders affected by their decisions
and actions. Accountability from a human rights perspective has three elements: responsibility, answer-
ability, and enforcement.

ACCOUNTABILITY

RESPONSABILITY ANSWERABILITY ENFORCEMENT

Responsibility requires that those in positions of authority have clearly defined duties and perfor-
mance standards, enabling their behavior to be assessed transparently and objectively.
Answerability requires public officials and institutions to provide reasoned justifications for their ac-
tions and decisions to those they affect.
Enforcement requires public institutions to put mechanisms in place that monitor the degree to which
public officials and institutions comply with established standards, impose sanctions on officials who
do not comply, and ensure that appropriate corrective and remedial action is taken when required.

an introduction to human rights  11

Reference Material

»» UN Human Rights Office, and Center for Economic and Social Rights; “Who will be accountable?
Human Rights and the Post-2015 Development Agenda”; http://www.ohchr.org/Documents/Pub-
lications/WhoWillBeAccountable.pdf.

an introduction to human rights  12

Human rights education

Human rights education aims to build a universal culture of human rights. It provides knowledge about
human rights and the mechanisms that protect them, and promotes universal values, such as equality
and non-discrimination, human dignity, and respect for others’ rights. It empowers individuals of every
age to promote, defend, and apply human rights in their daily lives. As for children, human rights edu-
cation should be integral to their right to a quality education that strengthens their capacity to enjoy the
full range of human rights. Human rights education encourages everyone to uphold their own rights as
well as the rights of others, while building an understanding of everyone’s shared responsibility to make
human rights a reality for all.

“The World Conference on Human Rights considers human

rights education, training and public information essential
for the promotion and achievement of stable and harmonious
relations among communities and for fostering mutual under-
standing, tolerance and peace. (…) Human rights education
should include peace, democracy, development and social jus-
tice, as set forth in international and regional human rights
instruments, in order to achieve common understanding and
awareness with a view to strengthening universal commitment
to human rights.”
The Vienna Declaration and Programme of Action

Reference Material

»» UN Human Rights Office and UN Educational, Scientific and Cultural Organization; “Plan of
Action World Programme for Human Rights Education”; http://unesdoc.unesco.org/imag-
es/0014/001478/147853e.pdf.

an introduction to human rights  13

Human rights-based approach

A human rights-based approach (HRBA) is a conceptual framework for the process of human develop-
ment. It is based on international human rights norms and standards and is dedicated to promoting and
protecting human rights. It puts human rights at the center of the preparation, design, implementation,
monitoring, and evaluation of policies, regulatory measures, and spending programmes. International
human rights norms and standards, as well as principles such as participation, non-discrimination, and
accountability should guide all stages of policies, regulatory measures, and spending programmes.

Identifies rights-holders Strengthens their capacity

and their entitlements to make claims

HUMAN RIGHTS
BASED APPROACH
Identifies corresponding
Strengthens their capacity
duty-bearers and their
to fulfil their obligations
obligations

HRBA derives its targets not only from international human rights instruments, but also from international-
ly agreed upon goals, targets, norms, or standards, such as sustainable development goals and associated
targets as listed in the 2030 Agenda for Sustainable Development. It provides for sustainable results and
greater return on investments, and contributes to social cohesion, which include helping to resolve con-
flicts between different stakeholders.

Reference Material

»» UN Human Rights Office; Frequently Asked Questions on a Human Rights-Based Approach to Devel-
opment Cooperation; http://www.ohchr.org/Documents/Publications/FAQen.pdf.

an introduction to human rights  14

HRBA empowers marginalized and excluded groups

yy HRBA empowers rights-holders, focusing on excluded and marginalized populations and those whose
rights are at risk of being violated

HRBA adopts a holistic view of the social environment and the multifaceted issues within it

yy HRBA takes a holistic view of its sphere of influence: the family, the community, civil society, local and
national authorities, and the relations between them.
yy It adopts a holistic approach when gathering information and assessing and analyzing the multifaceted
challenges in order to faciliate an integrated response.

HRBA bases itself on international human rights instruments and other related goals and targets

yy HRBA derives specific results, standards, and conduct from international human rights instruments,
conventions, and other internationally agreed upon goals, targets, norms, or standards.

HRBA ensures rights-holders’ participation

yy HRBA ensures that rights-holders participate in formulating policy and legislative frameworks and that
these participatory and democratic processes are institutionalized locally and nationally.
yy It builds the capacity of families, communities, and civil society to participate in relevant forums.

HRBA ensures transparency and accountability

yy HRBA helps to formulate policy and legislative frameworks and budgets that determine which rights are
addressed, what must be done and to what standard, and who is accountable. It ensures the availability
of needed capacity and resources.
yy It helps to make policy formulation processes more transparent, and empowers people and commu-
nities to hold those who have a duty to act accountable, ensuring effective remedies where rights are
violated.

HRBA supports monitoring of State performance

yy HRBA supports the monitoring of State commitments via the recommendations of regional and inter-
national human rights mechanisms, and through public and independent assessments of State perfor-
mance.

HRBA leads to sustainable results

HRBA leads to better sustained results by

yy building the capacity of actors to engage in dialogue, fulfil their own responsibilities, and hold the State
accountable;
yy strengthening social cohesion through consensus achieved through participatory processes and by em-
powering the excluded and most marginalized;
yy anchoring human rights entitlements within a framework of laws and institutions; and
yy institutionalizing democratic processes.

an introduction to human rights  15

Human rights impact assessment

Human rights impact assessment is the process of addressing the human rights implications of any
planned action, including policies, regulatory measures, and spending programmes.
States have human rights obligations under international law, as well as obligations arising from other
international agreements. Human rights impact assessment is a tool to ensure consistency and coher-
ence between these obligations, and to overcome, or at least mitigate, the problems resulting from the
fragmentation of international law.
Human rights impact assessment does not only concern States. Corporations and other business enter-
prises also have a responsibility to respect human rights, including by identifying, avoiding, mitigating,
and remediating the human rights impacts of their actions. They should systematically identify, predict,
and respond to the potential human rights impact of their business operations, as called for by the UN
Guiding Principles on Business and Human Rights.
The process of human rights impact assessment should be guided by a human rights-based approach. An
effective human rights impact assessment must be independent; transparent; inclusive, and participa-
tory; must be prepared by experts and sufficiently funded; and must feed into the decision-making
process.

BOX 5: KEY STEPS IN PREPARING A HUMAN RIGHTS IMPACT ASSESSMENT

There are a number of key steps in the process of preparing a human rights impact assessment of a
trade or investment agreement:
yy screening,
yy scoping,
yy evidence gathering,
yy analysis,
yy conclusions and recommendations, and
yy evaluation mechanisms.

Reference Material

»» UN Human Rights Office and the Castan Centre for Human Rights Law, International Business Lead-
ers Forum; “Human Rights Translated: A Business Reference Guide”; http://www2.ohchr.org/en-
glish/issues/globalization/business/docs/Human_Rights_Translated_web.pdf
»» UN Guiding Principles on Business and Human Rights; endorsed by the Human Rights Council in its
resolution 17/4 of 16 June 2011.
»» Report of the Special Rapporteur on the right to food; “Guiding principles on human rights impact
assessments of trade and investment agreements”; A/HRC/19/59/Add.5.

an introduction to human rights  16

Gender integration/mainstreaming

Gender integration (or mainstreaming) is the process of assessing the implications of any planned ac-
tion, including legislation, policies, or programmes in all areas and at all levels on the different sexes
and genders. Its ultimate goal is to achieve gender equality.
Gender mainstreaming ensures high-quality and sustainable policies and programmes that benefit ev-
eryone without discrimination based on sex or gender, thus responding more effectively to society’s
needs. It promotes gender equality by ensuring that gender-based discrimination is not perpetuated in
the design, implementation, monitoring, and evaluation of policies and programmes. This means both
avoiding the creation or reinforcement of inequalities and identifying and addressing existing inequali-
ties.

BOX 6: THE BEIJING DECLARATION AND PLATFORM FOR ACTION

In the Fourth World Conference on Women, States adopted the Beijing Declaration and Platform
for Action, reaffirming their commitment to the implementation of the human rights of women and
of girls, and upholding the goals of equality, development, and peace for all women. Gender inte-
gration or mainstreaming is an essential part of the Platform for Action in all policy areas, whether
development or peace and security.

“Ensure the integration and full participation of women as

both agents and beneficiaries in the development process and
reiterate the objectives established for global action for wom-
en towards sustainable and equitable development set forth
in the Rio Declaration on Environment and Development.”
The Beijing Declaration and Platform for Action

BOX 7: HOW IS GENDER MAINSTREAMING DONE?

yy assessing the links between gender equality and the issue or sector being worked on;
yy identifying opportunities to introduce gender perspectives in the work tasks undertaken; and
yy identifying an approach to or methodology for successfully incorporating gender perspectives
into the work tasks in a manner that facilitates influencing goals, strategies, resource allocation,
and outcomes.

Reference Material

»» The Beijing Declaration and Platform for Action

»» UN Economic and Social Council; Report for 1997; A/52/3, 18 September 1997
»» Office of the United Nations Special Adviser on Gender Issues and the Advancement of Women
(August 2001)

an introduction to human rights  17

Part II:
Human Rights Mechanisms:
International, Regional and
National Protection of
Human Rights

an introduction to human rights  18

1) The United Nations human rights system

The United Nations (UN) is an intergovernmental organization founded in 1945 with the United Nations
Charter coming into force. The organization is currently made up of 193 Member States. All Member
States are represented in the General Assembly, which is the main policymaking and representative or-
gan of the UN. The assembly provides a forum in which States can exchange their views and solve their
problems. Other main organs of the UN are the Security Council, the Economic and Social Council,
the Trusteeship Council, the International Court of Justice, and the Secretariat.
The Secretary-General is the chief administrative officer of the organization, appointed by the General
Assembly. A significant part of the organization’s work is carried out by entities under the Secretariat (led
by the Secretary-General), such as the Department of Peacekeeping Operations, the Office for the Coordi-
nation of Humanitarian Affairs, and the Office of the United Nations High Commissioner for Human Rights.
The primary purpose of the UN is to maintain international peace and security. Its mandate has three
pillars: (i) human rights, (ii) peace and security, and (iii) development. However, human rights are also
imbedded in the other two pillars. As former Secretary-General Kofi Annan said, “there can be no peace
without development, no development without peace, and neither without respect for human rights”.
The United Nations General Assembly adopted the Universal Declaration of Human Rights as “a common
standard of achievement for all peoples and all nations”. It represents the international community’s ex-
pression of the rights to which all human beings are entitled, and lays out common aspirations that have
galvanized people in the fight for their rights everywhere in the world. The UDHR initiated a process of
rapidly developing international human rights law. Its content has also been enshrined in, and continues
to inspire, the national constitutions and legislation of many States.
The Universal Declaration of Human Rights, as adopted by the UN General Assembly in Paris on 10 Decem-
ber 1948, along with the core international human rights treaties form the body of international human
rights law, and therefore underpin the United Nations human rights system.
There are two sets of United Nations human rights bodies:
yy Charter-based bodies: The United Nations Charter provides the legal basis for Charter-based
bodies, or Charter bodies, that are mandated to fulfill the United Nations’ purpose to promote
and encourage respect for human rights. Most Charter bodies, such as the General Assembly
and the Security Council, regularly address human rights issues.
yy Treaty-based bodies: Treaty-based bodies, or treaty bodies, derive from specific human rights
treaties that have established committees of experts to monitor treaty implementation.

an introduction to human rights  19

United Nations High Commissioner for Human Rights

The High Commissioner for Human Rights is the lead human rights official of the United Nations. The
High Commissioner heads the Office of the UN High Commissioner for Human Rights (the UN Human
Rights Office, OHCHR) and leads the United Nations’ human rights efforts. The High Commissioner com-
ments on, investigates, and issues reports on human rights situations throughout the world.
The UN Human Rights Office has primary responsibility in the UN system for the promotion and protec-
tion of human rights. It works to empower individuals and groups of individuals (rights holders) and
assists States and intergovernmental organizations (duty bearers) in upholding human rights.

BOX 8: THE MANDATE OF THE UNITED NATIONS HIGH COMMISSIONER

FOR HUMAN RIGHTS

The mandate of the High Commissioner is described by the UN General Assembly Resolution
(48/141):
yy Promote and protect all human rights for all.
yy Recommend that bodies of the United Nations system improve the promotion and protection
of all human rights.
yy Promote and protect the right to development.
yy Provide technical assistance for human rights activities.
yy Coordinate United Nations human rights education and public information programmes.
yy Work actively to remove obstacles to the realization of human rights.
yy Work actively to prevent the continuation of human rights violations.
yy Engage in dialogue with governments in order to secure respect for all human rights.
yy Enhance international cooperation.
yy Coordinate human rights promotion and protection activities throughout the United Nations
system.
yy Rationalize, adapt, strengthen, and streamline the UN human rights machinery.

The UN Human Rights Office is part of the United Nations Secretariat and has its headquarters in Geneva.
OHCHR’s staff is based in 60 countries, in regional and country/stand-alone offices, United Nations peace
missions and political offices, in United Nations Country Teams (UNCTs), as well as in OHCHR’s New York
Office. In executing its unique mandate, UN Human Rights cooperates with other UN entities, both from its
headquarters and in the field.

ENCADRÉ 9: LES MÉCANISMES DES DROITS DE L’HOMME DES NATIONS UNIES

Le Bureau des droits de l’homme des NU coopère étroitement avec les organes et mécanismes des
Nations Unies :
yy Le Conseil des droits de l’homme;


yy Les organes de suivi des traités.

an introduction to human rights  20

Map of OHCHR field presences

an introduction to human rights  21

Map of OHCHR field presences

an introduction to human rights  22

a) Human Rights Council

The United Nations Human Rights Council (HRC) is an

intergovernmental body composed of 47 States,
which are elected by the UN General Assembly for
three-year terms. The HRC meets in Geneva at least
ten weeks a year. It is mandated by the UN General
Assembly to strengthen the promotion and protec-
tion of human rights in the world. 1

The Human Rights Council chamber in Geneva, Switzerland.

Photo © UN Photo/Elma Okic

BOX 10: THE UNITED NATIONS HUMAN RIGHTS COUNCIL

The UN Human Rights Council

yy discusses thematic and country-specific human rights situations;
yy responds to human rights crises;
yy makes recommendations on how to better implement human rights; and
yy establishes international commissions of inquiry, fact-finding missions, and investigations in
order to respond to human rights violations, and as such helps expose violators and bring them
to justice.

i. Universal Periodic Review

The Human Rights Council undertakes a Universal Periodic Review (UPR) of the human rights record for
all States. The reviews are conducted by a working group of Member States of the Council, although any
State can take part in the dialogue with the States being reviewed2. The UPR is a State-driven process,
and through it States commit themselves to upholding human rights by taking specific measures. A UPR
cycle – the period during which all States can expect a review – takes approximately four years.

What is the review based on?

yy National report: Information provided by the State under review;
yy Compilation of UN information: Information provided by the Special Procedures, human
rights treaty bodies, and other UN entities;
yy Stakeholder report: Information from other stakeholders including national human rights in-
stitutions (NHRIs) and non-governmental organizations (NGOs).

1      UN General Assembly Resolution; A/RES/60/251.

2      Universal Periodic Review; http://www.ohchr.org/EN/HRBodies/UPR.

an introduction to human rights  23

How does the UPR take place?
yy An interactive dialogue occurs between the State under review and other States.
yy Any State can pose questions, comment, and/or make recommendations to the State under
review.

What are the roles of the State under review?

yy The UPR is a State-driven process, which provides an opportunity for States to explain what
actions they have taken to improve the human rights situations in their countries and to fulfil
their human rights obligations.
yy During the review, the State may indicate which recommendations made by other States
it does and does not accept, and which additional voluntary pledges and commitments
it undertakes. The fact that a State does not support a recommendation does not invalidate it.
yy The State has the primary responsibility to implement the recommendations. In its subse-
quent review, the State is expected to provide information on what it has been doing to imple-
ment the recommendations made during the previous review, as well as on any developments
in the field of human rights.

A UPR cycle takes approximately four and a half years:

National Preparation
Process of of documents:
Follow-up and National report
Implementation UN information
Implementing Stakeholder
recommendations information

Human Rights Council: UPR Working Group:

Adoption & Report Review & Report
Adoption of Interactive
outcome dialogue
document with the
State

an introduction to human rights  24

 CASE 1: UNIVERSAL PERIODIC REVIEW OF INDONESIA1

Review: Indonesia completed its third UPR cycle on 3 May 2017. The first cycle was concluded on 9
April 2008 and the second on 23 May 2012. The human rights situation in Indonesia was discussed in
an interactive dialogue, and an outcome document was adopted by the Human Rights Council. The
review was comprehensive in that it addressed the human rights situation in Indonesia and paid
attention to both the progress and gaps in human rights protection.

Recommendations: Indonesia accepted 148 recommendations made by other States and took
note of – but did not support – 75 other recommendations. Below are some examples of recom-
mendations that Indonesia supported:
yy Continue to implement policies to ensure the availability and affordability of education to all
Indonesians, in particular those in remote regions and those with special needs (recommended
by Singapore).
yy Continue making efforts to combat child labour and child marriage (recommended by Tunisia).
yy Strengthen laws to ensure the protection of children from child labour and address the traf-
ficking of children for purposes of sexual exploitation by establishing school re-insertion pro-
grammes and rehabilitation (recommended by Chile).
yy Take further effective measures to promote and protect the rights and wellbeing of children
and to protect them from violence, including measures to ensure their access to healthcare and
education (recommended by Uzbekistan).
These are among the recommendations that were not supported by Indonesia:
yy Enact and enforce legislation to raise the legal age of marriage for boys and girls to 18 (recom-
mended by Sierra Leone).
yy Raise the age of criminal responsibility to 16 years (recommended by Portugal).

1     Report of the Working Group on the Universal Periodic Review; Review of Indonesia; 36th session of the UN
Human Rights Council; 14 July 2017; A/HRC/36/7.

HUMAN RIGHTS SDGS

Which human rights are directly relevant to the How can implementing these recommendations
above recommendations? advance the realization of the SDGs? Consider the
SDG targets and indicators.

yy Rights of the child yy SDG 1: End poverty

yy Right to development yy SDG 3: Ensure healthy lives
yy Right to education yy SDG 4: Ensure quality education
yy Right to health yy SDG 5: Achieve gender equality
yy Right to equality and non-discrimination yy SDG 8: Promote decent work for all
yy Right to not be subjected to cruel, inhuman, yy SDG 10: Reduce inequality
or degrading treatment yy SDG 11: Make cities inclusive and sustainable

an introduction to human rights  25

ii. Special Procedures of the Human Rights Council

In the UN human rights system, the Special Procedures refer to independent human rights experts
appointed by the Human Rights Council, who serve in their individual capacities. They advise on hu-
man rights from a thematic or country-specific perspective and report annually to the Human Rights
Council.1 They are not United Nations staff members and do not receive financial remuneration.

What tasks do the Special Procedures mandate-holders perform?

With the support of the UN Human Rights Office, the mandate-holders
yy undertake country visits,
yy send communications to States to bring alleged violations or abuses to their attention,
yy conduct thematic studies and convene expert consultations,
yy contribute to the development of international human rights standards,
yy engage in advocacy,
yy raise public awareness, and
yy provide advice for technical cooperation.

How many special procedures are there?

On 1 January 2018, there were 44 thematic and 12 country mandates. Special Procedures involve either
an individual (a special rapporteur, representative, or independent expert), or a working group com-
posed of several experts.

Reference Materials

»» Working with the United Nations Human Rights Programme: A Handbook for Civil Society; OHCHR
2018; Chapter VI: Special Procedures.

1    UN Special Procedures of the Human Rights Council; http://www.ohchr.org/EN/HRBodies/SP/Pages/Welcomepage.

aspx.

an introduction to human rights  26

 BOX 11: THE UNITED NATIONS HUMAN RIGHTS COUNCIL SPECIAL PROCEDURES:
THEMATIC AND COUNTRY MANDATES

A full list of the special procedures of the UN Human Rights Council may be found on the website of
the UN Human Rights Office.

Some examples of thematic mandates are

yy Special Rapporteur on violence against women, its causes and consequences;
yy Special Rapporteur on the promotion and protection of the right to freedom of opinion and
expression; and
yy Working Group on the issue of human rights and transnational corporations and other business
enterprises.

Some examples of country mandates are

yy Independent Expert on the situation of human rights in Central African Republic; and
yy Special Rapporteur on the situation of human rights in the Palestinian territories occupied since
1967.

GA President Holds Morning Dialogue with UN Representatives

Photo © 2018 UN Photo/Mark Garten

an introduction to human rights  27

CASE 2: SPECIAL RAPPORTEUR ON THE RIGHT TO FOOD ON HER MISSION TO THE
PHILIPPINES1 : “THE RIGHT TO FOOD IS ABOUT MUCH MORE THAN BOOSTING SUPPLY”2

Report: The Special Rapporteur on the right to food, Hilal Elver, visited the Philippines from 20
to 27 February 2015. In her report to the Human Rights Council she reviewed the legal and policy
framework in the Philippines; the challenges facing the agriculture sector; the availability, accessi-
bility, and adequacy of food; the situation of groups living in vulnerable situations; and emerging
challenges, namely climate change and urbanization.
Recommendations: The report sets out a list of recommendations to the government of the Phil-
ippines, such as the following:
yy Establish a programme to mitigate hunger and increase household income.
yy Develop smallholder agriculture and fisheries.
yy Ensure women’s participation in the development of a food security plan.
yy Ensure that adequate basic social services, including food and drinking water, are made avail-
able to all indigenous peoples in the country.
yy Implement legislative provisions to ensure that children with disabilities, particularly those liv-
ing in rural areas, have access to adequate food and nutrition.
yy Ensure that the State budget reflects a commitment to children’s right to healthy and nutritious
food.

1    Report of the Special Rapporteur on the right to food on her mission to the Philippines; 29 December 2015; A/
HRC/31/51/Add.1.
2    Olivier De Schutter; member of the UN Committee on Economic, Social, and Cultural Rights.

Forest Management in the Philippines

Photo © 1981 UN Photo/Carolyn
Redenius

an introduction to human rights  28

CASE 2: SPECIAL RAPPORTEUR ON THE RIGHT TO FOOD ON HER MISSION TO THE
PHILIPPINES

HUMAN RIGHTS SDGS

Which human rights are of concern in the Special How can implementing the recommendations
Rapporteur’s report on the Philippines? advance the realization of the SDGs? Consider the
SDG targets and indicators.

yy Right to an adequate standard of living yy SDG 1: End poverty

yy Right to food yy SDG 2: End hunger, achieve food securi-
yy Right to water and sanitation ty and improved nutrition, and promote
yy Right to non-discrimination/equality sustainable agriculture
yy Rights of the child yy SDG 3: Ensure healthy lives
yy Women’s rights yy SDG 5: Ensure gender equality
yy Rights of persons with disabilities yy SDG 6: Ensure clean water and sanitation
yy Rights of indigenous peoples yy SDG 10: Reduce inequality
yy SDG 11: Make cities inclusive and sustain-
able
yy SDG 12: Ensure sustainable consumption
and production
yy SDG 13: Combat climate change and its
impacts
yy SDG 14: Conserve and sustainably use
marine resources
yy SDG 15: Protect and sustainably use ter-
restrial ecosystems

an introduction to human rights  29

b) Human Rights Treaty Bodies

The Universal Declaration of Human Rights was adopted in 1948. Since then, the UN General Assembly
has drafted and adopted a series of international human rights treaties, which create legal obligations
for State parties to promote and protect human rights.

BOX 12: THE CORE INTERNATIONAL HUMAN RIGHTS TREATIES

The core international human rights treaties are

yy International Covenant on Civil and Political Rights (ICCPR);
yy International Covenant on Economic, Social, and Cultural Rights (ICESCR);
yy International Convention on the Elimination of All Forms of Racial Discrimination (ICERD);
yy Convention on the Elimination of All Forms of Discrimination against Women (CEDAW);
yy Convention against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment
(CAT);
yy Convention on the Rights of the Child (CRC);
yy International Convention on the Protection of the Rights of All Migrant Workers and Members
of Their Families (ICMW);
yy International Convention for the Protection of All Persons from Enforced Disappearance (IC-
CPED); and
yy Convention on the Rights of Persons with Disabilities (CPRD).

States recognize rights under a treaty when they adopt it, but they must also put in place the necessary
measures to ensure the enjoyment of these rights by everyone under their jurisdiction. Committees made
up of independent experts, called treaty bodies, monitor the implementation of each treaty.
Each treaty body is composed of ten to twenty-five independent experts with recognized competence in
the field of human rights. They are nominated and elected by State parties for renewable terms of four
years. However, the terms of office of members of some (but not all) treaty bodies are limited. Elections of
half the membership take place every two years.
The treaty bodies generally meet at the United Nations Office at Geneva (UNOG) and hold two or three
sessions per year. Regularly updated information on upcoming human rights treaty body sessions and
the States parties scheduled for consideration at those sessions is available on the Calendar of events and
meetings on the OHCHR website.
Treaty bodies, with the exception of the SPT as explained above, conduct examinations of State parties’
reports, also taking into account input from civil society organizations, national human rights institutions,
other UN agencies, and other stakeholders. They make recommendations known as “concluding obser-
vations”. More information on treaty body reporting and follow-up can be found in the OHCHR Trainers’
Guide on Reporting to the United Nations Human Rights Treaty Bodies (2017) as well as in OHCHR’s treaty
specific training manuals.

an introduction to human rights  30

BOX 13: THE UNITED NATIONS HUMAN RIGHTS TREATY BODIES

There are ten human rights treaty bodies, one for each treaty and one for the Optional Protocol of
the Convention against Torture:
yy Human Rights Committee (HR Committee);
yy Committee on Economic, Social, and Cultural Rights (CESCR);
yy Committee on the Elimination of Racial Discrimination (CERD);
yy Committee on the Elimination of Discrimination against Women (CEDAW);
yy Committee against Torture (CAT);
yy Subcommittee on Prevention of Torture and other Cruel, Inhuman, or Degrading Treatment or
Punishment (SPT);
yy Committee on the Rights of the Child (CRC);
yy Committee on Migrant Workers (CMW);
yy Committee on Enforced Disappearances (CED); and
yy Committee on the Rights of Persons with Disabilities (CPRD).
Some treaties are complemented by optional protocols that deal with specific concerns, such as
Second Optional Protocol to the International Covenant on Civil and Political Rights, aimed at the
abolition of the death penalty. Optional Protocols are treaties in their own right and are open to
signature, accession, or ratification by countries already party to the main treaty.

BOX 14: WHAT DO THE UN HUMAN RIGHTS TREATY BODIES DO?

The mandates of treaty bodies vary, and they may be found in treaties and optional protocols estab-
lishing them. In principle, treaty bodies
yy review progress by State parties and make recommendations (concluding observations),
yy examine complaints launched by States against other States (inter-State complains),
yy inquire into grave and systematic violations of convention rights (inquiry procedure),
yy consider individual complaints (individual communications), and
yy interpret human rights norms (general comments).

BOX 15: THE SUBCOMMITTEE ON PREVENTION OF TORTURE AND OTHER CRUEL,

INHUMAN OR DEGRADING TREATMENT OR PUNISHMENT

The Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment is the protocol establishing mechanisms at national and international
levels to prevent torture and ill-treatment. It has established an international torture prevention
mechanism and a Subcommittee on Prevention of Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment (SPT); and it has requested States parties to establish independent na-
tional bodies for the prevention of torture and ill-treatment at the domestic level. It is known as the
National Preventive Mechanisms.

an introduction to human rights  31

 Therefore, the SPT has a different mandate compared to other treaty bodies. The SPT
yy Visits any place under the jurisdiction of a State Party where persons may be deprived of their
liberty (visiting mandate);
yy advises and assists States parties regarding the establishment and functioning of their NPMs
(advisory mandate); and
yy cooperates with the relevant United Nations organs and mechanisms as well as with the in-
ternational, regional, and national bodies working for the prevention of torture (cooperation
mandate).
More information on the SPT can be found here: https://www.ohchr.org/en/hrbodies/opcat/pag-
es/brief.aspx

Each human rights treaty body provides authoritative guidance on substantive provisions of the human
rights treaty it monitors in the form of general comments/general recommendations (The Commit-
tee on the Elimination of Racial Discrimination and the Committee on the Elimination of Discrimination
against Women use the term “general recommendations”.). These clarify the content of a right and specific
obligations of the State party, and provide guidance on the implementation of a treaty. They cover a wide
range of topics, from the comprehensive interpretation of substantive provisions, to general guidance on
the information that should be submitted in State reports relating to specific articles of the treaties. The
general comments/recommendations of all human rights treaty bodies are compiled and available on the
webpages of each treaty body, on the OHCHR website.
Some treaty bodies have an inquiry procedure. This involves a confidential inquiry if they receive reliable
information that appears to contain well-founded claims of grave and systematic violations of rights guar-
anteed under the Convention.
Treaty bodies that have an inquiry procedure are
yy Committee against Torture (article 20 of the CAT)
yy Committee on the Elimination of Discrimination against Women (article 8 of the Optional Pro-
tocol to CEDAW)
yy Committee on the Rights of Persons with Disabilities (article 6 Optional Protocol to CRPD)
yy Committee on Enforced Disappearances (article 33 of CED)
yy Committee on Economic, Social, and Cultural Rights (article 11 of the Optional Protocol to IC-
ESCR)
yy Committee on the Rights of the Child (article 13 of the Optional Protocol to CRC on a commu-
nications procedure)

Treaty bodies may also examine inter-State complaints when a State party believes that another State
party is violating a treaty. In many cases they can also examine individual complaints. A treaty body
may consider complaints from individuals claiming that a State party has violated their rights if the
State has recognized the treaty body’s competence to do so under the relevant treaty article or optional
protocol, as follows:
yy Human Rights Committee (Optional Protocol to ICCPR, 1966)
yy Committee against Torture (article 22 of CAT)

an introduction to human rights  32

 yy Committee on the Elimination of All Forms of Racial Discrimination (article 14 of CERD)
yy Committee on the Elimination of Discrimination against Women (Optional Protocol to CEDAW,
1999)
yy Committee on the Rights of Persons with Disabilities (Optional Protocol to CRPD, 2006)
yy Committee on Enforced Disappearances (article 31 of CED)
yy Committee on the Protection of the Rights of All Migrant Workers and Members of Their Fam-
ilies (article 77 of the CMW) - The individual complaints mechanism under CMW will enter into
force when ten State Parties to the Convention have made declarations recognizing the compe-
tence of the Committee to receive and consider communications from or on behalf of individuals.
yy Committee on the Rights of the Child (Optional Protocol on a communications procedure, 2011)
yy Committee on Economic, Social and Cultural Rights (Optional Protocol to ICESCR, 2008)

Documents de référence:

»» Le dispositif conventionnel des Nations Unies relatif aux droits de l’homme: une introduction aux
principaux instruments internationaux relatifs aux droits de l’homme et aux organes convention-
nels; OHCHR; Fiche d’information N° 30
»» Travailler avec le programme des Nations Unies : un manuel pour la société civile ; OHCHR 2018.
»» Bureau des droits de l’homme des NU ; le dispositif conventionnel des Nations Unies relatif aux
droits de l’homme N° 30/Rev.1.
»» Procédures d’examen des requêtes soumises par des particuliers en vertu des instruments des Na-
tions Unies relatifs aux droits de l’homme, OHCHR, Fiche d’information N°7, Rev.2; 2013.
»» Le Sous-comité pour la prévention de la torture et autres peines ou traitements cruels, inhumains
ou dégradants ; Obligations des Etats parties au Protocole facultatif se rapportant à la Convention
contre la torture et autres peines ou traitements cruels, inhumains ou dégradants pour faciliter
les visites du Sous-comité pour la prévention de la torture et autres peines ou traitements cruels,
inhumains ou dégradants.

an introduction to human rights  33

 CASE 3: HUMAN RIGHTS COMMITTEE REVIEWS BANGLADESH1

Review: The Human Rights Committee has reviewed the situation of civil and political rights in
Bangladesh and adopted “concluding observations”. It has noted positive aspects, raised concerns,
and provided recommendations.

Concerns: Some concerns were raised by the Human Rights Committee regarding the human rights
situation in Bangladesh:
yy the lack of police protection, registration of complaints, investigations, and prosecutions for
incidents of violent killings of “secular bloggers” by extremist groups, as well as death threats,
physical attacks, intimidation, and harassment of journalists, bloggers, and human rights de-
fenders;
yy the arrest of at least 35 journalists, “secular bloggers”, and human rights defenders; and
yy the limitations on the ability of human rights defenders and non-governmental organizations
(NGOs) to operate through foreign donations.
Recommandations. The Committee recommended that the government should
yy protect journalists, bloggers and human rights defenders from unlawful killings, physical attacks
and harassment; ensure that police and officials receive adequate training regarding the pro-
tection of human rights defenders; register complaints and thoroughly investigate all attacks of
these persons, bring perpetrators to justice and provide victims with appropriate remedies; and
yy ensure that any legal provisions restricting access to foreign funding does not risk the effective
operation of NGOs.

1   UN Human Rights Committee; Concluding Observations on the initial report of Bangladesh; CCPR/C/BGD/
CO/1.

HUMAN RIGHTS SDGS

Which human rights are at stake in the above con- How can implementing the above recommenda-
cerns raised by the Human Rights Committee? tions of the Human Rights Committee advance
the realization of the SDGs? Consider the SDG tar-
gets and indicators.

yy Right to life yy SDG 16: Promote peace, justice and strong in-
yy Right to liberty and security stitutions
yy Freedom of opinion and expression
yy Freedom of association
yy Right to an effective remedy

c) Special Representatives of the Secretary-General

A small number of human rights-related mandate-holders are special and personal representatives, en-
voys, and advisers of the UN Secretary-General. They focus, for example, on sexual violence in conflict,
children in armed conflict, international migration, sexual exploitation and abuse, genocide prevention,
and violence against children.

an introduction to human rights  34

2) Regional protection of human rights

Regional human rights systems consist of regional instruments (e.g. treaties, conventions, declarations)
and mechanisms for their implementation (e.g. commissions, special rapporteurs, courts). They rein-
force international standards and mechanisms by addressing human rights concerns within the partic-
ular social, historical, and political context of the region concerned. The most well established regional
human rights systems are in Africa, the Americas, and Europe. Newer bodies also operate in the Middle
East and Southeast Asia, although they have more limited functions.

BOX 16: HOW DO REGIONAL HUMAN RIGHTS SYSTEMS PROMOTE AND PROTECT HU-
MAN RIGHTS

Human rights mechanisms at the regional level are invaluable for the protection and promotion
of human rights. In some regions, the human rights machinery is more developed than in other
regions. Importantly, regional human rights mechanisms and instruments must be consistent with
international human rights norms and standards. Regional human rights mechanisms may
yy Assist Governments with the implementation of their international human rights obligations.
yy Have human rights courts or commissions with investigative powers. They may have mecha-
nisms to supervise the implementation of the rulings of regional courts. Some also have High
Commissioners and Special Representatives.
yy Sensitize people about their human rights through a wide range of human rights awareness-rais-
ing campaigns and human rights education.
yy Contribute to the development of international human rights norms and standards. Some of
them have drafted and adopted specialist treaties on specific human rights issues, which in turn
influence the further development of international human rights law.
yy Help national governments to address regional human rights concerns that cross national bor-
ders. For example, they may provide for regional forums to address human rights concerns re-
lated to migration, transnational crime, or environmental disasters.

Reference Material

»» OHCHR, ‘The Major Regional Human Rights Instruments and the Mechanisms for their Implementa-
tion’, available at: http://www.ohchr.org/Documents/Publications/training9chapter3en.pdf.

an introduction to human rights  35

a) Africa Region

The African Union is the only Africa-wide intergovernmental organization, although there are other
sub-regional organizations in Africa. Human rights form a significant part of their agenda.

i. African Union

The African Union (AU) is a regional intergovernmental organiza-

tion established in 2001 in Addis Ababa, Ethiopia, and is the suc-
cessor of the Organization of African Unity. All 55 African coun-
tries are Member States of the AU. Its highest decision-making
body is the Assembly of the African Union, and its secretariat is
the African Union Commission.
As a regional intergovernmental organization with a broad agen-
da, the AU also works to promote and protect human and peo-
ples’ rights in accordance with the African Charter on Human
and Peoples’ Rights and other international and African human
rights instruments. Its vision is that of “an integrated, prosperous The emblem of
the African Union 
and peaceful Africa, driven by its own citizens and representing a
dynamic force in (the) global arena.1

African Commission on Human and Peoples’ Rights

The African Commission on Human and Peoples’ Rights is mandated to protect and promote human
and peoples’ rights in Africa2. It is responsible for supervising States’ compliance with the African Char-
ter on Human and Peoples’ Rights (the African Charter)3. The African Charter recognizes civil, political,
economic, social, and cultural rights of individual human beings; their individual duties; and rights of
peoples. The Commission provides human rights expertise in accordance with the African Charter on
the human rights situation in the Member States as well as on certain themes. For example, it has ad-
opted a protocol on the rights of persons with disabilities that complements the African Charter, and
has a working group focusing on the rights of older persons and of persons with disabilities as
well as a committee of experts focusing on the rights and welfare of children.

1   African Union, https://au.int/.

2    African Commission on Human and Peoples’ Rights, http://www.achpr.org.
3    African Charter on Human and Peoples’ Rights, http://www.achpr.org/instruments/achpr.

an introduction to human rights  36

 AFRICAN COMMISSION ON HUMAN AND PEOPLES’ RIGHTS

Who sits on the Commission? 11 expert members

What type of body is it? Quasi-judicial body
Where is it located? Banjul, The Gambia
When did it start functioning? November 1987
Why was it established?
yy To protect and promote human and peoples’ rights in Africa; to monitor the interpretation and
application of the African Charter on Human and Peoples’ Rights
What does it do?
yy Considers State reports and adopts concluding observations
yy Formulates thematic, country specific and administrative resolutions
yy Special mechanisms include special rapporteurs, committees, and working groups
yy Reviews complaints lodged by States, individuals, or NGOs regarding violations of the African
Charter
yy Refers complaints to the African Court

African Court on Human and Peoples’ Rights

The African Court on Human and Peoples’

Rights was established by an additional
Protocol to the African Charter.1 It is cur-
rently ratified by 27 States: Algeria, Burki-
na Faso, Burundi, Cote d’Ivoire, Co-
moros, Congo, Gabon, Gambia, Ghana,
Kenya, Libya, Lesotho, Mali, Malawi, Mo-
zambique, Mauritania, Mauritius, Nige-
Jugdes of the African Court on Human and People’s Rights
ria, Niger, Rwanda, Sahrawi Arab Demo- Photo © 2015 AfCHPR
cratic Republic2 , South Africa, Senegal,
Tanzania, Togo, Tunisia, and Uganda.
The African Union merged the African Court on Human and Peoples’ Rights with the African Court of Jus-
tice that is yet to be established, and formed the African Court of Justice and Human and Peoples’ Rights.
Two Protocols establishing the two Courts were merged to establish the Statute of the African Court of
Justice and Human Rights, which was adopted during the 11th African Union Summit in July 2008. How-
ever, to date it has not secured necessary ratifications to start functioning. Therefore, the African Court on
Human and Peoples’ Rights functions as the human and peoples’ rights court within the African Union.

1    African Court on Human and Peoples’ Rights; http://www.african-court.org.

2    Sahrawi Arab Democratic Republic is not a member state of the United Nations.

an introduction to human rights  37

AFRICAN COURT ON HUMAN AND PEOPLES’ RIGHTS

Who sits on the Court? 11 judges

What type of body is it? Judicial body
Where is it located? Arusha, Tanzania
When did it start functioning? November 2006
Why was it established?
yy To ensure the protection of human and peoples’ rights in Africa; to ensure the interpretation
and application of the African Charter on Human and Peoples’ Rights and other international
human rights instruments ratified by the States
What does it do?
yy Complements the African Commission on Human and Peoples’ Rights
yy Considers cases and disputes on the interpretation and application of the Charter
yy Adopts legally binding decisions

CASE 4: MTIKILA AND OTHERS V. TANZANIA (AFRICAN COURT ON HUMAN AND PEO-
PLES’ RIGHTS1

Background: In 1992, amendments to the Tanzanian Constitution required all candidates for pres-
idential, parliamentary, or local government elections to be members of and be sponsored by a
political party. This effectively banned independent candidates from running for public office.

Facts: Christopher Mtikila, a Tanzanian citizen, filed a case in 1993 before the Tanzanian High Court
and challenged this ban. For eighteen years, he continued pursuing cases through the Tanzanian
domestic courts to have the ban overturned. His attempts were not successful.
Together with two Tanzanian NGOs, the Tanganyika Law Society and Human Rights Centre, Mtikila
filed a communication in 2011 before the African Court on Human and Peoples’ Rights, alleging vio-
lations of the African Charter on Human and Peoples’ Rights and the International Covenant on Civil
and Political Rights. They argued that Tanzania had violated its citizens’ rights to freedom of asso-
ciation, to participate freely in public and governmental affairs, and to freedom from discrimination.

The judgment: The Court found in favour of the applicants; it held in its judgment that the ban on
independent candidates standing for election violated the African Charter. It also urged the Tan-
zanian Government to take constitutional, legislative, and all other necessary measures within a
reasonable time to remedy these violations.

1   African Court on Human and Peoples’ Rights; Christopher R. Mtikila v. United Republic of Tanzania; app no.
011/2011; Judgment on the merits; 14 June 2013.

an introduction to human rights  38

 CASE 4: MTIKILA AND OTHERS V. TANZANIA (AFRICAN COURT ON HUMAN AND PEO-
PLES’ RIGHTS

HUMAN RIGHTS SDGS

Free and fair elections are fundamental for democ- How can securing free participation in public and
racy, human rights, and the rule of law. Therefore, governmental affairs advance the realization of
participation to electoral processes is vital. Which the SDGs? Consider the SDG targets and indica-
human rights are of concern in regard to the above tors.
judgment?

yy Right to participate in public affairs yy SDG 16: Promote peace, justice, and strong
yy Right to freedom of association institutions
yy Right to equality and non-discrimination

BOX 17: THE AFRICAN UNION AND INTERNATIONAL CRIMINAL JUSTICE

yy The African Union has decided to give the future African Court of Justice and Human and Peo-
ples’ Rights jurisdiction over international crimes. However, heads of States and governments
as well as senior officials who remain in office will enjoy immunity from its jurisdiction.1
yy The African Union has also called for its Member States to withdraw from the International Crim-
inal Court (ICC) in a non-binding decision, criticizing the Court “for only pursuing international
crimes committed in the African continent”.2
yy Burundi withdrew from the Rome Statute (the treaty establishing the ICC) in October 2017 af-
ter the United Nations Commission of Inquiry on Burundi reported in September 2017 that it
had found evidence of extrajudicial killings, disappearances, torture, and sexual violence in the
country. The ICC later authorized an investigation of widespread and systematic attacks against
the Burundian civilian population that occurred before Burundi’s withdrawal took effect. The
Gambia and South Africa also withdrew from the Rome Statute. However, they later reversed
their withdrawals.

1    The Protocol on Amendments to the Protocol on the Statute of the African Court of Justice and Human Rights;
adopted on 27 June 2014.
2    Assembly of the African Union; Twenty-Eighth Ordinary Session; 30 - 31 January 2017 in Addis Ababa, Ethi-
opia; Decision on the International Criminal Court; Doc. EX.CL/1006(XXX); https://au.int/sites/default/files/deci-
sions/32520-sc19553_e_original_-_assembly_decisions_621-641_-_xxviii.pdf.

an introduction to human rights  39

ii. Sub-Regional Intergovernmental Organizations in Africa

There are several intergovernmental organizations in Africa, which have been established to facilitate
sub-regional cooperation in the political, economic, or social spheres and have a human rights dimen-
sion in their work. For example, the Southern African Development Community (SADC) considers that
regional integration and community building can only be realized by eliminating gender inequalities
and the marginalization of women. In this light, the SADC has developed a Women Economic Empow-
erment Programme. Similarly, the East African Community (EAC) has a strategic plan for gender, youth,
children, persons with disabilities, social protection, and community development. Where relevant,
their judicial organs also deal with human rights matters.

MEMBER STATES AIMS AND OBJECTIVES

East African Commu- Burundi, Kenya, Rwanda, South Sudan, Cooperation and integration in
nity (EAC)1 Tanzania, and Uganda political, economic, and social
areas

Economic Community Benin, Burkina Faso, Cabo Verde, Cote Economic integration
of West African States d'Ivoire, The Gambia, Ghana, Guin-
(ECOWAS)2 ea-Bissau, Guinea, Liberia, Mali, Niger,
Nigeria, Senegal, Sierra Leone, and
Togo

Southern African De- Angola, Botswana, Comoros, Demo- Development, peace and secu-
velopment Communi- cratic Republic of the Congo, Lesotho, rity, economic growth, allevia-
ty (SADC)3 Madagascar, Malawi, Mauritius, Mo- tion of poverty, improving the
zambique, Namibia, Seychelles, South standard and quality of life, and
Africa, Swaziland, Tanzania, Zambia, supporting the socially disadvan-
and Zimbabwe taged through regional integra-
tion

1   East African Community; https://www.eac.int.

2    Economic Community of West African States; https://ecowas.int.
3    Southern African Development Community; https://sadc.int.

an introduction to human rights  40

b) Asian Region

While there are currently no Asia-wide intergovernmental organizations with a mandate to promote and
protect human rights, the Association of Southeast Asian Nations (ASEAN), a sub-regional geopolitical
and economic organization, has established a framework for human rights, including a declaration and
a commission.

i. Association of Southeast Asian Nations

ASEAN is a sub-regional intergovernmental organization es-

tablished in 1967 in Bangkok, Thailand. Its Member States are
Brunei, Cambodia, Indonesia, Laos, Malaysia, Myanmar, the
Philippines, Singapore, Thailand, and Vietnam. It works to
promote intergovernmental cooperation and facilitate economic
growth, social progress, and cultural development in the region.
In 2015, the ASEAN Community was established with three pil-
lars: the Political-Security Community, the Economic Communi-
ty, and the Socio-Cultural Community.
Although ASEAN does not have as robust human rights architec-
The emblem of ASEAN
ture as other intergovernmental regional organizations, human
rights comprise an important pillar of its work. In 2012, the ASEAN
heads of State adopted the ASEAN Human Rights Declaration, as well as the Declaration against Traf-
ficking in Persons, Particularly Women and Children, the Declaration on the Protection and Promo-
tion of the Rights of Migrant Workers, and the Declaration on the Elimination of Violence against
Women. They have also adopted other instruments such as the ASEAN Plan of Action for Children; or the
ASEAN Commitments on HIV and AIDS, in which they commit to ensuring that persons living with HIV are
protected and are not subjected to stigma and discrimination.

Intergovernmental Commission on Human Rights

The ASEAN Charter, the legal and institutional framework for ASEAN, provides for the establishment of
an ASEAN human rights body.1

“In conformity with the purposes and principles

of the ASEAN Charter relating to the promo-
tion and protection of human rights and fun-
damental freedoms, ASEAN shall establish an
ASEAN human rights body.”
Article 14 of the ASEAN Charter

1    ASEAN Intergovernmental Commission on Human Rights; http://aichr.org.

an introduction to human rights  41

Accordingly, ASEAN Member States established the Intergovernmental Commission on Human Rights in
2009. It is the only regional human rights mechanism in Asia. It holds two regular meetings per year and
has an overall responsibility for the promotion and protection of human rights in the ASEAN region. As a
consultative body, it develops strategies for the promotion and protection of human rights, conducts
awareness-raising and capacity-building activities, promotes the full implementation of ASEAN instru-
ments related to human rights, and encourages the Member States to consider acceding to and ratifying
international human rights instruments.

A meeting of the Intergovernmental Commis-

sion on Human Rights – Photo © AICHR/ASEAN

an introduction to human rights  42

c) European Region

The mechanisms of the Council of Europe con-

stitute the European region’s main human rights
promotion and protection system. The Europe-
an Union has a very clear human rights mandate
as well, which has implications internally - for its
twenty-eight Member States – and on its exter-
nal policies. The Organization for Security and
Co-operation in Europe also conducts a wide
range human rights protection and promotion Palais de l’Europe, COE Headquarters in
activities in the region (which also includes North Strasbourg, France – Photo © COE

America and Central Asia).

i. Council of Europe
COUNCIL OF EUROPE
The Council of Europe (CoE) is a European inter- MEMBER STATES
governmental organisation founded in 1949 to
uphold human rights, democracy, and the rule of Albania Latvia
law in Europe and to promote European culture. Andorra Liechtenstein

The CoE has a wide range of instruments and a Armenia Lithuania

strong framework for the promotion and pro- Austria Luxembourg
tection of human rights, including the European Azerbaijan Malta
Convention on Human Rights (ECHR), which is the Belgium Moldova
most well-known and highly-developed human Bosnia and Monaco
rights treaty of its kind in the world. The ratification Herzegovina Montenegro
of the ECHR is a prerequisite for joining the organi- Bulgaria Netherlands
zation. Croatia Norway
Human rights are fundamental to the work of the Cyprus Poland
Parliamentary Assembly of the Council of Eu- Czech Republic Portugal
rope (PACE), a political forum consisting of dele- Denmark Romania
gations sent by Member State parliaments, as well Estonia Russia
as the Committee of Ministers, the principal deci- Finland San Marino
sion making body of the organization. France Serbia
The Venice Commission, the Gender Equality FYROM Slovakia
Commission, the Group of Experts on Action Georgia Slovenia
against Trafficking of Human Beings, the Advi- Germany Spain
sory Committee for the Framework Convention Greece Sweden
for the Protection of Natural Minorities, the Hungary Switzerland
Steering Committee for Human Rights, and the Iceland Turkey
Special Representatives of the Secretary Gener- Ireland Ukraine
al also have mandates to promote human rights. Italy United Kingdom

an introduction to human rights  43

BOX 18: THE COUNCIL OF EUROPE HUMAN RIGHTS INSTRUMENTS

The Member States of the Council of Europe have drafted a wide range of legally binding human
rights instruments, as well as soft law instruments. Some of the core CoE treaties are
yy Convention for the Protection of Human Rights and Fundamental Freedoms and its Additional
Protocols (also known as the European Convention on Human Rights, ECHR);
yy European Social Charter and its Additional Protocols;
yy European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or
Punishment and its Additional Protocols;
yy Council of Europe Convention on Action against Trafficking in Human Beings;
yy Council of Europe Convention on the Protection of Children against Sexual Exploitation and
Sexual Abuse;
yy Council of Europe Convention on Preventing and Combating Violence against Women and Do-
mestic Violence (also known as the Istanbul Convention);
yy Additional Protocol to the Convention on Cybercrime, Concerning the Criminalization of Acts of
a Racist and Xenophobic Nature Committed through Computer Systems;
yy Framework Convention for the Protection of National Minorities;
yy European Charter for Regional or Minority Languages; and
yy Council of Europe Convention on Access to Official Documents.

BOX 19: THE COUNCIL OF EUROPE HUMAN RIGHTS MANDATES

There are many CoE bodies with a mandate to protect and promote human rights, some of which
have a special mandate and expertise. They include, but are not limited to
yy CoE Commissioner for Human Rights,
yy European Commission Against Racism and Intolerance,
yy European Committee for the Prevention of Torture,
yy European Court of Human Rights, and
yy European Committee of Social Rights

an introduction to human rights  44

CoE Commissioner for Human Rights

The Commissioner for Human Rights is an independent and impartial non-judicial institution. It has a
mandate to promote awareness of and respect for human rights in the 47 Member States.1 The Com-
missioner conducts visits to Member States to monitor the human rights situation, provides expertise
through publishing thematic documents and organizing events and workshops, and supports the work
of human rights defenders.

European Commission against Racism and Intolerance

The European Commission against Racism and Intolerance (ECRI) is a human rights monitoring body
that specializes in the area of non-discrimination. Besides country monitoring and awareness rais-
ing, it works on general themes and issues and General Policy Recommendations. It addresses the
questions in Europe relating to racism; discrimination on the grounds of race, ethnic or national origin,
colour, citizenship, religion, or language; xenophobia; anti-Semitism; and intolerance.2

European Committee for the Prevention of Torture

The European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Pun-
ishment (CPT) was established under the COE Convention on the Prevention of Torture and Inhu-
man or Degrading Treatment or Punishment and came into force in 1989.
It organizes visits to places of detention in Europe, such as prisons, juvenile detention centers, police sta-
tions, holding centers for immigration detainees, psychiatric hospitals, and social care homes. It also as-
sesses how persons deprived of their liberty are treated and what safeguards against ill-treatment are in
place. The CPT is not an investigative body; it provides “a non-judicial preventive mechanism to protect
persons deprived of their liberty against torture and other forms of ill-treatment”. 3 It sends reports, includ-
ing its findings and recommendations, to the States concerned after each visit.

European Court of Human Rights

The European Court of Human Rights was established by the European Convention on Human Rights
to monitor the contracting States’ compliance with the Convention and its protocols. An application to
the Court can be lodged by an individual applicant as well as by other contracting States. Over 50,000
applications are lodged with the Court every year.
The Court has contributed significantly to the protection of human rights through interpreting the provi-
sions of the European Convention and developing its case law. The Court may issue judgments, interim
measures, advisory opinions, and decisions (on the admissibility of the applications). If the Court rules
that a contracting State has violated the Convention, the State concerned is obliged to execute its judg-
ment, including the payment of the amounts awarded by the Court to the applicants. The Committee of
Ministers monitors the execution of the Court’s judgments4.

1    COE Commissioner for Human Rights; https://www.coe.int/en/web/commissioner.

2    European Commission against Racism and Intolerance; www.coe.int/ecri.
3    European Committee for the Prevention of Torture; https://www.coe.int/en/web/cpt.
4    European Court of Human Rights; http://echr.coe.int.

an introduction to human rights  45

EUROPEAN COURT OF HUMAN RIGHTS

Who sits on the Court? 47 judges (1 from each contracting State)

What type of body is it? Judicial body
Where is it located? Strasbourg, France
When did it start functioning? 1959
Why was it established?
yy To monitor the COE Member States’ compliance with the European Convention on Human
Rights and its protocols
How does it function?
yy Judgments
yy Interim measures
yy Advisory opinions
yy Decisions

CASE 5: M.C. AND C.A. V. ROMANIA (EUROPEAN COURT OF HUMAN RIGHTS)1

Facts: In June 2006, M.C. and C.A. participated in the annual gay march in Bucharest, Romania. On
their way home, they were attacked by a group of men and a woman who punched and kicked them
and shouted homophobic abuse at them. M.C. and C.A. complained first to the Romanian authori-
ties. They later applied to the European Court of Human Rights, complaining that the investigation
into the attack had been inadequate. They also asserted that the fact that the offences against them
had been motivated by hatred against homosexuals was not taken into consideration by the au-
thorities.

Judgment: The Court found a violation of the prohibition of inhuman or degrading treatment and
the prohibition of discrimination. It held that the investigations into the applicants’ allegations of
ill-treatment had been ineffective, “as they had lasted too long, had been marred by serious short-
comings, and had failed to take into account possible discriminatory motives”.

1    European Court of Human Rights; M.C. and C.A. v. Romania; application no. 12060/12; 12 April 2016.

an introduction to human rights  46

European Committee of Social Rights

The European Social Charter is a COE treaty that guarantees social and economic rights, related to
employment, housing, health, education, social protection and welfare. It emphasizes the protection of
vulnerable persons such as the elderly, children, people with disabilities, and migrants. The European
Committee of Social Rights (ECSR) monitors compliance with the European Social Charter through
national reports submitted by State parties and a collective complaints procedure.

EUROPEAN COMMITTEE OF SOCIAL RIGHTS

Who sits at the Commission? 15 independent members

What type of body is it? Expert body; quasi-judicial body
Where is it located? Strasbourg, France
When did it start functioning? 1961 (then called the Committee of Experts)
Why was it established?
yy To monitor the implementation of the European Social Charter
How does it function?
yy Through a collective complaints procedure; adopting decisions on collective complaints lodged
by social partners and NGOs
yy Through national reports; it reviews annual National Reports on the application of specific pro-
visions of the European Social Charter

an introduction to human rights  47

ii. European Union

The European Union (EU) is a political and economic

union currently comprised of twenty-eight European EUROPEAN UNION
States. The EU adopts regulations, directives, deci- MEMBER STATES
sions, and recommendations in wide-ranging areas
Austria Latvia
from justice to agriculture and fisheries to develop-
Belgium Lithuania
ment cooperation.
Bulgaria Luxemburg
The treaties establishing the EU provide that the orga-
Croatia Malta
nization is “founded on the values of respect for human
Cyprus Netherlands
dignity, freedom, democracy, equality, the rule of law,
Czech Republic Poland
and respect for human rights, including the rights of per-
Denmark Portugal
sons belonging to minorities”.
Estonia Romania
The Charter of Fundamental Rights of the EU (the EU Finland Spain
Charter) provides for a comprehensive list of rights to be France Slovakia
upheld and respected by the EU institutions in all their Germany Slovenia
actions and by the EU Member States when they imple- Greece Sweden
ment EU law. It brings together civil, political, economic, Hungary United Kingdom1
and social rights enjoyed by people within the EU in a Italy
single text. It covers all the rights found in the case law
of the Court of Justice of the EU, the rights and freedoms
enshrined in the (CoE) European Convention on Human 1    The United Kingdom has decided to with-
Rights, other rights and principles resulting from the draw its membership from the European Union.

common constitutional traditions of EU countries, and

other international instruments.
In its external affairs, the EU Global Strategy for Foreign and Security Policy has a particular focus on human
rights; and the EU Action Plan
on Human Rights and De-
mocracy guides the EU’s exter-
nal human rights actions. The
EU Human Rights Guidelines
also provide guidance on spe-
cific themes, such as human
rights defenders or children’s
rights. The European Instru-
ment for Democracy and
Human Rights is a multi-an-
nual financial programme pro-
viding the means for the EU to
support human rights in its ex-
ternal action.
The European Commission is the EU’s executive body situated
in Brussels, Belgium – Photo © EC/EU

an introduction to human rights  48

Some of the most prominent EU institutions are
the Council of the European Union1, the Europe-
an Parliament2, the European Commission3, and
the Court of Justice of the European Union4. EU
institutions aim to integrate human rights in their
wide-ranging work. Some institutions have spe-
cialized human rights bodies, such as the Sub-
committee on Human Rights of the European
Parliament, and human rights divisions in various
directorates of the European Commission. Fur-
The European Parliament is the co-legislator body of the
thermore, the Special Representative of the Eu-
European Union, together with the Council of the
ropean Union for Human Rights works to enhance European Union – Photo © EP/EU

the effectiveness of EU human rights policy.

The European Commission adopted a Strategy on the effective implementation of the EU Charter.5 Ac-
cordingly, all proposals for EU legislation must respect the EU Charter. With this view, the European Com-
mission prepared a specific fundamental rights and human rights checklist in its new, improved regulation
package.6 It also adopted a set of guidelines on fundamental rights in impact assessments. In addition, the
European Commission prepares annual reports covering the full range of EU Charter provisions.7

BOX 20: THE EU FUNDAMENTAL RIGHTS AGENCY

The EU also works toward improving the human rights situation in Europe. The European Union
Agency for Fundamental Rights (FRA) is an EU agency that provides expert advice on human rights
to the EU institutions and Member States. The EU Fundamental Rights Agency focuses on all civil,
political, social, economic, and cultural rights enshrined in the EU Charter of Fundamental Rights,
and on wide-ranging themes concerning Europe, including

yy access to justice;
yy migration, asylum and borders;
yy hate crime;
yy information society, privacy, and data protection;
yy human rights of LGBTI;
yy persons with disabilities;
yy racism and related intolerance;
yy rights of the child; and
yy Roma.

1    Council of the European Union; http://consilium.europa.eu.

2   European Parliament; http://europarl.europa.eu.
3   European Commission; https://ec.europa.eu.
4    Court of Justice of the European Union; https://curia.europa.eu.
5   https://ec.europa.eu/info/aid-development-cooperation-fundamental-rights/your-rights-eu/eu-charter-fundamen-
tal-rights/application-charter/incorporating-fundamental-rights-eu-legislative-process_en
6   https://ec.europa.eu/info/sites/info/files/file_import/better-regulation-toolbox-28_en_0.pdf
7   https://ec.europa.eu/info/files/2017-annual-report-application-charter_en

an introduction to human rights  49

 BOX 21: THE EU AND DEVELOPMENT COOPERATION

The EU is firmly committed to implementing a rights-based approach, encompassing all human

rights, to its development cooperation. This is strongly reaffirmed in the New European Consen-
sus for Development (2017), an ambitious collective European development policy addressing the
2030 Agenda, whereby both EU and EU Member States commit to implementing a rights-based
approach in all development cooperation activities. The rights-based approach, encompassing all
human rights for EU development cooperation, is based on the UN Common Understanding on
Human Rights-Based Approaches to Development Cooperation. It is a working methodology based
on internationally recognized human rights.

Court of Justice of the European Union

The judicial body of the EU is the Court of Justice of the European Union (CJEU). The Court is tasked
with examining the legality of EU measures and ensuring the uniform interpretation and application of
EU law in all Member States. It is made up of two courts: the Court of Justice and the General Court.1

COURT OF JUSTICE OF THE EUROPEAN UNION

Who sits in the Court? 28 judges (1 from each State) and 11 advocates general
What type of body is it? Judicial body
Where is it located? Luxembourg
When was it established? 1952
Why was it established?
yy To ensure EU law is interpreted and applied the same way in every Member State; to ensure
Member States and EU institutions abide by EU law
How does it function?
yy Preliminary rulings (interpreting EU law)
yy Infringement proceedings (enforcing EU law)
yy Actions for annulment (annulling EU legal acts)
yy Actions for failure to act (ensuring that the EU takes action)
yy Actions for damages (sanctioning EU institutions)

1    Presentation of the Court of Justice; https://curia.europa.eu/jcms/jcms/Jo2_7024/en/.

an introduction to human rights  50

 CASE 6: DEFRENNE V. SABENA (EUROPEAN COURT OF JUSTICE)1

Background: The principle of equal pay is crucial for the implementation of gender equality in em-
ployment. Although there has been significant progress throughout the years, the gender pay gap
remains a human rights issue in Europe.

Facts: Gabrielle Defrenne worked as a flight attendant for the Belgian national airline, Sabena. Un-
der Belgian law, female flight attendants had to retire at the age of 40, earlier than their male col-
leagues. Defrenne had been forced to retire when she was 40. She complained that she had been
paid less than her male colleagues doing the same job, including allowances paid upon retirement.

Judgment: The Court held that EU law aims to eliminate all discrimination, direct or indirect, be-
tween men and women workers, in the economic system as a whole. It found the anti-discrimination
provision applicable not only between individuals and the government, but also between private
parties.

1    European Court of Justice (today the Court of Justice of the European Union); Case 43/75; Gabrielle Defrenne v
Société anonyme belge de navigation aérienne Sabena; 8 April 1976.

HUMAN RIGHTS SDGS

Which human rights are relevant to this judgment? Is the gender pay gap a challenge to the realiza-
Why? tion of the SDGs? Consider the SDG targets and
indicators.

yy Right to equality/non-discrimination yy SDG 5: Achieve gender equality

yy Right to work and to just and favourable con- yy SDG 8: Promote economic growth, employ-
ditions of work ment, and decent work
yy Women’s rights yy SDG 10: Reduce inequality

an introduction to human rights  51

iii. Organization for Security and Co-operation in Europe

The Organization for Security and Co-operation in Europe (OSCE) comprises fifty-seven participating
States from North America, Europe, and Asia. It addresses security-related concerns, including arms
control, democratization, and counter-terrorism. The organization believes that respect for human
rights and functioning democratic institutions are key to ensuring lasting security. Therefore, it deals
equally with both strengthening and promoting the protection of human rights across the OSCE region.
The OSCE’s Secretariat is located in Vi-
enna, Austria. It has field presences in
Europe, South Caucasus, and Central
Asia. Its principal human rights bodies
include the Office for Democratic In-
stitutions and Human Rights in War-
saw, Poland; the Representative on
Freedom of the Media; and the High
Commissioner on National Minori-
ties. Reunion in 2017 of the OSCE – Photo © OSCE

OSCE
MEMBER STATES

Albania Germany Norway

Andorra Greece Poland
Armenia Holy See Portugal
Austria Hungary Romania
Azerbaijan Iceland Russia
Belarus Ireland San Marino
Belgium Italy Serbia
Bosnia and Herzegovina Kazakhstan Slovakia
Bulgaria Kyrgyzstan Slovenia
Canada Latvia Spain
Croatia Liechtenstein Sweden
Cyprus Lithuania Switzerland
Czech Republic Luxembourg Tajikistan
Denmark Malta Turkey
Estonia Moldova Turkmenistan
Finland Monaco Ukraine
France Mongolia United Kingdom
FYROM Montenegro United States
Georgia Netherlands Uzbekistan

an introduction to human rights  52

OSCE Office for Democratic Institutions and Human Rights

The OSCE Office for Democratic Institutions and Human Rights (ODIHR) provides advice and assistance
to participating States. It also conducts human rights education and training activities for individuals
and civil society. Human rights issues covered by the ODIHR include minority rights; freedoms of re-
ligion or belief, movement, assembly, and association; prohibition of the death penalty; and pre-
vention of torture and other forms of ill-treatment.1

CASE 7: TRAINING OF POLISH POLICE OFFICERS (OSCE/ODIHR)

Background: Systematic human rights violations against Roma communities in Europe have many
layers. They include historic discrimination against the Roma population; anti-Roma discourse in
politics and the media; lack of access to adequate housing, education, and healthcare; segrega-
tion of Roma in education and healthcare; forced sterilization of Roma women; and police brutality
against Roma. Policing in Roma communities often involves discriminatory and disproportionate
use of force, which may amount to ill-treatment, resulting in damage to property as well as injuries,
and in some cases, to extrajudicial killings.

Training: On 5 and 6 December 2017, the OSCE Office for Democratic Institutions and Human Rights
(ODIHR) delivered a two-day training course to senior Polish police officers. The focus of the training
was effective and human rights-compliant policing in Roma and Sinti communities.1

1    OSCE/ODIHR trains Polish police officers on effective and human rights-compliant policing in Roma and Sinti
communities; 6 December 2017; http://www.osce.org/odihr/360931.

HUMAN RIGHTS SDGS

Which human rights are relevant to this training? How can this training relate to the realization of
Why? the SDGs? Consider the SDG targets and indica-
tors.

yy Right to life yy SDG 16: Promote peace, justice, and strong

yy Right to liberty and security of the person institutions
yy Protection of children from all forms of vio-
lence, abuse, or exploitation

1    OSCE Office for Democratic Institutions and Human Rights; Human rights and fundamental freedoms; http://www.osce.
org/odihr/human-rights.

an introduction to human rights  53

d) Arab Region

The League of Arab States is a regional intergovernmental organization covering parts of the Middle East
and North and East Africa.

i. League of Arab States

The League of Arab States (LAS), also known as the Arab League,
was formed in 1945, in Cairo, Egypt. Its Member States are Alge-
ria, Bahrain, Comoros, Djibouti, Egypt, United Arab Emirates,
Iraq, Jordan, Kuwait, Lebanon, Libya, Mauritania, Morocco,
Palestine, Qatar, Syria (suspended), Oman, Saudi Arabia,
Somalia, Sudan, Tunisia, and Yemen. It is a political organiza-
tion with the aim of facilitating economic integration and solving
conflicts involving Member States.
The Charter of the Arab League, the founding treaty of the LAS,
does not include a reference to human rights. However, in 2008,
The emblem of the Arab League © LAS
the Arab Charter on Human Rights entered into force in all rat-
ifying Member States. Accordingly, a committee of experts, the
Arab Human Rights Committee, was established. Its Member States also adopted some other human
rights instruments, such as the Arab Plan for Human Rights Education in 2008, and the Arab Plan for
Enhancing the Culture of Human Rights in 2010.

Arab Human Rights Committee

The Arab human rights architecture was created by the Arab Charter of Human Rights. The Charter
established a committee of independent experts on human rights, the Arab Human Rights Commit-
tee, to examine periodic reports submitted by the Member States. The committee is independent and
has a substantial budget directly managed by the committee, which is supported by an independent
secretariat under the Arab League.

Arab Commission on Human Rights

In parallel to the system established by the Arab Charter of Human Rights, the Arab Commission on
Human Rights, created in Teheran before the First World Conference on Human Rights in 1968, is com-
posed of twenty-two members of the League of Arab States. The commission has not focused on the
human rights situation in Arab countries, but rather on the human rights situation in Israel.

an introduction to human rights  54

e) Americas Region

The Organization of American States (OAS) is a regional organization composed of the thirty-five states
of the Americas. It has a strong mandate to promote and protect human rights, and it counts on a num-
ber of well-established bodies and mechanisms with which to carry out its work.

i. Organization of American States

OAS was formed in 1948 with the signing

of the Charter of the OAS in Bogotá, Co-
lombia. Its Member States are Antigua
and Barbuda, Argentina, The Bahamas,
Barbados, Belize, Bolivia, Brazil, Cana-
The logo of the Organization of American States
da, Chile, Colombia, Costa Rica, Cuba, © OAS
Dominica, the Dominican Republic, Ec-
uador, El Salvador, Grenada, Guatemala, Guyana, Haiti, Honduras, Jamaica, Mexico, Nicaragua,
Panama, Paraguay, Peru, Saint Kitts & Nevis, Saint Lucia, Saint Vincent and the Grenadines, Suri-
name, Trinidad and Tobago, the United States of America, Uruguay and Venezuela.
The OAS works in the areas of democracy promotion, human rights protection, economic and social de-
velopment, and security cooperation.
On human rights protection, the OAS human rights mechanisms work with Member States to build their
capacity to strengthen their laws and institutions that provide human rights protection, raise awareness of
human rights, monitor the human rights situation in Mem-
ber States, and decide on human rights violations through ORGANIZATION OF
petitions and cases. The Inter-American human rights sys- AMERICAN STATES
tem has two autonomous bodies that can execute their
mandates effectively: the Inter-American Commission on  35 Member States
Human Rights and the Inter-American Court of Human  4 pillars: democracy, human
Rights. rights, security, and develop-
ment
There are also specialized bodies of the OAS that have spe-
 3 primary bodies: the Gen-
cific and technical functions. For example, the Inter-Amer- eral Assembly, the Permanent
ican Children’s Institute works for “the development of Council, and the General
public policies that guarantee the promotion, protection Secretariat
and exercise of children and adolescents rights”.1 The In-  2 human rights bodies: the
Inter-American Commission on
ter-American Commission of Women works on policies Human Rights, and the In-
on women’s rights and gender equality in the Americas, and ter-American Court of Human
the Inter-American Program on Women’s Human Rights Rights
and Gender Equity and Equality constitutes a framework  12main human rights
for the OAS’ women’s rights and gender equality work. instruments

1    Organization of American States; Inter-American Children’s Institute; http://www.iin.oea.org.

an introduction to human rights  55

 BOX 22: THE ORGANIZATION OF AMERICAN STATES HUMAN RIGHTS
INSTRUMENTS

The Member States of the Organization of American States have drafted a wide range of legally bind-
ing human rights instruments, as well as soft law instruments. Some of them are

yy The American Declaration of the Rights and Duties of Man;

yy The American Convention on Human Rights;
yy The Inter‐American Convention to Prevent and Punish Torture;
yy The Additional Protocol to the American Convention on Human Rights in the area of Economic,
Social, and Cultural Rights;
yy The Protocol to the American Convention on Human Rights to Abolish the Death Penalty;
yy The Inter‐American Convention on the Prevention, Punishment, and Eradication of Violence
against Women;
yy The Inter‐American Convention on Forced Disappearance of Persons;
yy The Inter‐American Convention on the Elimination of All Forms of Discrimination against Per-
sons with Disabilities;
yy The Inter‐American Democratic Charter;
yy The Declaration of Principles on Freedom of Expression;
yy Principles and Best Practices on the Protection of Persons Deprived of Liberty in the Americas;
yy Inter-American Convention Against Racism, Racial Discrimination, and Related Forms of Intol-
erance; and
yy Inter-American Convention on Protecting the Human Rights of Older Persons.

an introduction to human rights  56

 CASE 8: HUMAN RIGHTS OF WOMEN LIVING WITH HIV IN THE AMERICAS (IN-
TER-AMERICAN COMMISSION OF WOMEN)

Project: The Inter-American Commission of Women (CIM), with the support of the Spanish Agency
for International Development Cooperation, implemented the project “Human rights, HIV and vio-
lence against women in Central America: A comprehensive response”. The project aimed to analyze
and strengthen the legal framework and public policies on HIV and violence against women from
a human rights-based approach. It covered Central America (El Salvador, Guatemala, and Panama)
and the Caribbean (Antigua and Barbuda, Barbados, Dominica, Grenada, and Guyana).It took place
from January 2009 to December 2011.1 In 2016, a comprehensive report, “Human Rights of Women
Living with HIV in the Americas”, was published by the Organization of American States (OAS), the
Inter-American Commission of Women (CIM), and the Joint United Nations Programme on HIV/AIDS
(UNAIDS).2

1    Organization of American States; Inter-American Commission of Women; Human rights and HIV; http://www.
oas.org/en/cim/hiv-rights.asp.
2    Organization of American States, Inter-American Commission of Women, Joint United Nations Programme on
HIV/AIDS; Human Rights of Women Living with HIV in the Americas (2015); https://www.oas.org/en/cim/docs/VIH-
DD.HH-Final-EN.pdf.

HUMAN RIGHTS SDGS

Women living with HIV face particular risks and Women living with HIV often live in fragile commu-
challenges in the enjoyment of their human rights. nities, and are most affected by discrimination,
Which rights are particularly of concern and why? inequality, and instability. Which SDGs are of rel-
evance for human rights of women living with HIV
and why? Consider the SDG targets and indicators.

yy Right to life yy SDG 1: End poverty

yy Right to equality and non-discrimination yy SDG 2: End hunger
yy Right to health yy SDG 3: Ensure healthy lives
yy Right to not be subjected to cruel, inhuman, yy SDG 4: Ensure quality education
or degrading treatment yy SDG 5: Achieve gender equality
yy Right to education yy SDG 8: Promote economic growth, employ-
yy Right to work ment, and decent work
yy Right to an adequate standard of living yy SDG 10: Reduce inequality
yy Right to form a family yy SDG 11: Make cities safe and resilient
yy Right to information yy SDG 16: Promote peaceful and inclusive soci-
yy Right to participation in public affairs eties
yy SDG 17: Strengthen the means of implemen-
tation

an introduction to human rights  57

Inter-American Commission on Human Rights

INTER-AMERICAN COMMISSION ON HUMAN RIGHTS

Who sits on the Commission? 7 independent members

What type of body is it? Quasi-judicial, quasi-political body
Where is it located? Washington D.C., USA
When did it start holding sessions? 1960
Why was it established?
yy To promote the observance and protection of human rights; to serve as a consultative organ of
the OAS
How does it function?
yy Receives petitions alleging human rights violations
yy Monitors the human rights situation in the States
yy Develops an awareness of human rights
yy Makes recommendations to the Member States
yy Presents cases to the Inter-American Court

BOX 23: THE INTER-AMERICAN COMMISSION ON HUMAN RIGHTS

The Inter-American Commission on Human Rights (IACHR) works on three main pillars:

1. The individual petition system: Individuals, groups of individuals, and NGOs can submit peti-
tions concerning alleged human rights violations.
2. Monitoring of the human rights situation in the Member States: In addition to its annual
reports, the IACHR conducts country reports after assessing the human rights situation in a
country. The Commission published its reports on the human rights situation in Guatemala,
Mexico, Dominican Republic, and Honduras in 2016. These reports can be found on the IACHR
website: http://www.oas.org/en/iachr/reports/country.asp.
3. Priority thematic areas: The Commission also publishes thematic reports, such as Poverty
and Human Rights (2017); Indigenous Women (2017); or Standards for a Free, Open, and Inclu-
sive Internet (2016). These reports can be found on the IACHR website: http://www.oas.org/en/
iachr/reports/thematic.asp.

an introduction to human rights  58

 BOX 24: THEMATIC RAPPORTEURSHIPS AND UNITS OF THE INTER-AMERICAN
COMMISSION ON HUMAN RIGHTS

The IACHR has established special mechanisms to advise the Commission in processing petitions,
to undertake human rights monitoring missions, to prepare reports, and to conduct awareness-rais-
ing activities. These mechanisms include
yy Rapporteurship on the Rights of Persons Deprived of Liberty;
yy Rapporteurship on Human Rights Defenders;
yy Rapporteurship on the Rights of the Child;
yy Rapporteurship on the Rights of Migrants;
yy Rapporteurship on the Rights of Women;
yy Unit on Economic, Social, and Cultural Rights;
yy Special Rapporteurship for Freedom of Expression;
yy Rapporteurship on the Rights of Indigenous Peoples;
yy Rapporteurship on the Rights of Afro-Descendants and against Racial Discrimination; and
yy Rapporteurship on the Rights of Lesbian, Gay, Bisexual, Trans, and Intersex Persons.

Inter-American Court of Human Rights

Only the State parties and the Commission can bring cases before the Inter-American Court of Human
Rights (IACtHR). Its mandate is also more limited than that of the Commission, because the Court may
not decide on cases brought against Member States that have not opted to accept the Court’s jurisdic-
tion even though they are parties to the American Convention on Human Rights.
The Commission may refer cases to
the Court where the State party has not
complied with its recommendations
and has accepted the jurisdiction of the
Court.
The Court then may consider the case
and issue legally binding orders. If it
finds that a violation has occurred, then
the applicants may be awarded injunc-
tive relief and compensatory damages.
The Court may also order provisional
measures. Another tool available to the
Court is the power to issue advisory
The composition of the Inter-American Court of Human
opinions interpreting the human rights Rights in 2018 – Photo © IACtHR
obligations of States under the Ameri-
can Convention or other human rights treaties.

an introduction to human rights  59

INTER-AMERICAN COURT OF HUMAN RIGHTS

Who sits at the Court? 7 judges

What type of body is it? Judicial body
Where is it located? San José, Costa Rica
When was it created? 1979
Why was it established?
yy To enforce and interpret the provisions of the American Convention on Human Rights; its two
main functions are thus adjudicatory and advisory
How does it function?
yy Adjudicatory function: it considers cases and orders provisional measures where necessary
yy Advisory function: it issues advisory opinions

CASE 9: YEAN AND BOSICO V. DOMINICAN REPUBLIC (INTER-AMERICAN COURT OF

HUMAN RIGHTS)

Background: Dominicans of Haitian descent have historically been subjected to discrimination.

Article 18 of the Constitution of the Dominican Republic grants nationality to anyone born in the
country, except those born of “foreign members of diplomatic legations and consulates, and of for-
eigners who are in transit or residing illegally in Dominican territory”. The Government interprets
this clause in order not to grant Haitian migrants, their children, and their grandchildren citizenship.
For example, if migrant workers are considered “persons in transit,” their children are not granted
Dominican nationality.

Facts: Dilcia Yean and Violeta Bosico were two girls of Haitian descent, aged 10 months and 12
years. In 1997, their mothers, both Dominican nationals, went to the civil registry to ask for copies
of their daughters’ birth certificates. Even though both girls were born in the Dominican Republic,
they were denied birth certificates. The children remain Stateless, and Violeta Bosico was unable to
attend school for one year because she did not have identity documents.

Judgment: The Court identified “[a] situation of extreme vulnerability in which the State placed
the Yean and Bosico children, because it denied them their right to nationality for discriminatory rea-
sons, and placed them in the impossibility of receiving protection from the State and having access to
the benefits due to them, and since they lived in fear of being expelled by the State of which they were
nationals and separated from their families owing the absence of a birth certificate”.1 The Court held
that the discriminatory treatment of the Yean and Bosico children in terms of access to nationality
and special protection as children violates the American Convention of Human Rights.

1    Inter-American Court of Human Rights; Case of the Girls Yean and Bosico v. Dominican Republic; Judgment of
8 September 2005; para 173.

an introduction to human rights  60

 CASE 9: YEAN AND BOSICO V. DOMINICAN REPUBLIC (INTER-AMERICAN COURT OF
HUMAN RIGHTS)

How does the above judgment of the IACtHR contribute to the protection of human rights? What
are the challenges to international and regional courts’ roles in this regard?

The Court ordered that damages be paid to the two children, that the State apologize to the girls, and
that the State take necessary measures to effectively apply the rights in the American Convention.
The Senate of the Dominican Republic issued a resolution rejecting the judgment. Later, the Supreme
Court of Justice of the Dominican Republic passed a decision and upheld the previous interpretation of
the law, which was found inconsistent with the American Convention.
The Court decided to supervise the enforcement of the decision and asked the Dominican Republic
to submit to the Court a report indicating the measures adopted by the Government to comply with the
judgment.

yy Le Sénat de la République dominicaine yy ODD 1: Eliminer la pauvreté

a publié une resolution rejetant le juge- yy ODD 2: Eliminer la faim, assurer la sécu-
ment. Plus tard, la Cour suprême de la rité alimentaire et améliorer la nutrition,
République dominicaine a adopté une promouvoir l’agriculture durable
décision et statué dans le sens d’une in- yy ODD 3: Assurer les conditions d’une vie
terprétation de la loi précédente qui a été en bonne santé
jugée incompatible avec la Convention yy ODD 5: Assurer l’égalité des sexes
américaine. yy ODD 6: Assurer l’eau potable et l’as-
sainissement
yy ODD 10: Réduire les inégalités
yy ODD 11: Rendre les villes inclusives et du-
rables
yy ODD 12: Assurer une consommation et
une production durables
yy ODD 13: Combattre le changement clima-
tique et ses effets
yy ODD 14: Conserver et exploiter de
manière durable les ressources marines
yy ODD 15: Protéger et exploiter de manière
durable les écosystèmes terrestres

yy La Cour a décidé de superviser l’appli-

cation de la décision et a demandé à la
République dominicaine de soumettre à
la Cour un rapport indiquant les mesures
adoptées par le gouvernement pour être
en conformité avec le jugement.

an introduction to human rights  61

3) National protection of human rights

States are the principal duty bearers in promoting and protecting human rights. Human rights are first
and foremost respected, protected, and fulfilled at national level. This is because of the direct rela-
tionship between States and individuals or groups of individuals under their jurisdiction. The executive
branch, the legislature, and the judiciary are the three main organs of a State. Institutions such as the
parliament, courts, ombudspersons, national human rights institutions, and national mechanisms for
reporting and follow-up are crucial for effective human rights protection. Human rights activities by
other stakeholders, such as civil society organizations or universities, are also very important. Their
efforts are all guided by international and regional human rights mechanisms. They also interact with
other States, civil society, and other national, regional, and international partners to fulfill their human
rights obligations.

National Human Rights Action Plans

Many States have already drawn up

national action plans to identify steps
to improve the promotion and protec-
tion of human rights – and others have
committed to do so, or are in the pro-
cess of drafting them. These plans are
also known as National Human Rights
Action Plans (NHRAPs). They are pre-
pared by the government and gener-
ally provide a background of the hu-
man rights situation in the country in
question, the country’s obligations of
Members of the United Nations country team and the government working group
the State under international law, and discuss actions of the National Human Rights Action Plan of Turkmenistan –
planned steps to fulfill these obliga- Photo © UNDP Turkmenistan

tions and uphold human rights.

Reference Material

»» United Nations Human Rights Office (OHCHR); Handbook on National Human Rights Plans of Ac-
tion; http://www.ohchr.org/Documents/Publications/training10en.pdf.

an introduction to human rights  62

 CASE 10: NATIONAL HUMAN RIGHTS ACTION PLAN OF LIBERIA1

Background: The Government of Liberia prepared a National Human Rights Action Plan for 2013 –
2018. The action plan provides background on the human rights situation in Liberia. It also outlines
Liberia’s international and regional human rights obligations (including recommendations received
during the Universal Periodic Review), and contains action points on advancing human rights.

Action Points: The government of Liberia aims to (1) strengthen women’s participation in the la-
bour market and ownership in income-generation and employment opportunities, and (2) reduce
cultural practices that impede the rights of women and girls. On the first objective, the government
committed itself to take nine actions, including actions to
yy provide women with information about market opportunities and price levels;
yy improve job opportunities for women by increasing women’s access to vocational training;
yy engage chiefs, elders, and Zoes (traditional leaders) to empower women in societies;
yy create awareness and implementation of Inheritance Law: women should own, rent or inherit
land, property, or housing; and
yy sensitize chiefs and Zoes to play a more proactive role in promoting women’s participation in
decision-making in their communities.

1   National Human Rights Action Plan of Liberia; http://www.ohchr.org/Documents/Issues/NHRA/Liberia_

en.pdf.

HUMAN RIGHTS SDGS

Which rights are promoted with the above action How can achieving the objectives in the plan ad-
points in the NHRAP of Liberia? vance the realization of the SDGs? Consider the
SDG targets and indicators.

yy Right to equality and non-discrimination yy SDG 5: Achieve gender equality

yy Right to work and to just and favorable condi- yy SDG 8: Promote economic growth, employ-
tions of work ment, and decent work
yy Right to participation in public affairs yy SDG 10: Reduce inequality
yy Women’s rights

an introduction to human rights  63

National Mechanism for Reporting and Follow-up

A national mechanism for reporting and follow-up is a governmental structure that is mandated to co-
ordinate and prepare reports to and engage with regional and international human rights mechanisms
(including treaty bodies, the UPR and Special Procedures). It also coordinates and tracks national fol-
low-up and implementation of the treaty obligations as well as the recommendations emanating from
these mechanisms.
National mechanisms have the potential to become one of the key components of the national human
rights protection system, bringing international and regional human rights norms and practices directly
to the national level. They build national ownership of human rights, enhance human rights expertise in
a sustainable manner, stimulate national dialogue, facilitate communication within the Government, and
allow for structured and formalized contacts with parliament, the judiciary, national human rights institu-
tions, and civil society.

BOX 25: NATIONAL MECHANISMS FOR REPORTING AND FOLLOW-UP

A national mechanism for reporting and follow-up coordinates and prepares reports to, and en-
gages with, international human rights mechanisms (including the UN treaty bodies, the universal
periodic review, and the UN special procedures). It can also coordinate the State’s engagement with
regional human rights mechanisms.

It coordinates and tracks national follow-up and implementation of the State’s treaty obligations
and the recommendations made by these mechanisms.

Reference Material

»» United Nations Human Rights Office (OHCHR); National Mechanisms for Reporting and Follow-up;
A Practical Guide to Effective State Engagement with International Human Rights Mechanisms;
http://www.ohchr.org/Documents/Publications/HR_PUB_16_1_NMRF_PracticalGuide.pdf.
»» Trainers Guide on Reporting to the United Nations Human Rights Treaty Bodies, OHCHR, 2017.

an introduction to human rights  64

National Human Rights Institutions

National human rights institutions (NHRIs) are State bodies with a constitutional / legislative mandate
to protect and promote human rights. Although they are part of the State structure and are funded by
the State, they should operate and function independently from government.1

BOX 26: NATIONAL HUMAN RIGHTS INSTITUTIONS’ ENGAGEMENT WITH INTERNA-

TIONAL HUMAN RIGHTS MECHANISMS

National human rights institutions also provide input to international human rights mechanisms:

yy The Human Rights Council

»» The Universal Periodic Review
»» The UN special procedures;
yy The UN treaty bodies.

NHRIs can act as bridges between governments and civil society, as well as between national and interna-
tional human rights protection systems. They can provide international human rights mechanisms with
information on national situations, and promote and monitor follow-up to their recommendations.

BOX 27: WHAT DO NATIONAL HUMAN RIGHTS INSTITUTIONS DO?

Although the mandates of national human rights institutions may vary from State to State, they
mainly

yy monitor and assess the observance of human rights in the country,

yy make recommendations to the State to reform its laws and policies,
yy contribute to regional and international human rights mechanisms,
yy promote human rights education, and
yy consider complaints.

1    Global Alliance of National Human Rights Associations (GANHRI); https://nhri.ohchr.org.

an introduction to human rights  65

 BOX 28: THE PARIS PRINCIPLES

Principles relating to the Status of National Institutions, also known as the Paris Principles, provide
that the national human rights institutions must
yy be independent from the government,
yy enjoy a broad, democratic mandate, and
yy be established with a pluralist composition that reflects the nature of society.

BOX 29: ACCREDITATION OF THE NHRIS

NHRIs are accredited by the Global Alliance of National Human Rights Associations (GANHRI) for
their compliance with the Paris Principles, which provides for an important indicator of their in-
dependence. Accordingly, NHRIs can have a status of “A” (fully compliant), “B” (partially compliant),
or “C” (non-compliant).

4
regional networks: There are four primary regional networks of NHRIs in connection with the
International Coordinating Committee for NHRIs. They are the European Network of National
Human Rights Institutions, the Asia Pacific Forum of National Human Rights Institutions, the
Network of African Human Rights Institutions, and the Network of National Institutions for the Promo-
tion and Protection of Human Rights in the Americas.

6
types: There are six principal models of NHRIs across the world: human rights commissions,
human rights ombuds-institutions, hybrid institutions, consultative and advisory bodies, insti-
tutes and centres, and multiple institutions.

an introduction to human rights  66

 CASE 11: LAND RESTITUTION REPORT OF THE SOUTH AFRICAN HUMAN RIGHTS
COMMISSION

Background: Land ownership in South Africa has long been a source of conflict. The Restitution of
Land Rights Act was passed in 1994 at the advent of democratic rule in South Africa after the end of
apartheid. Its stated objective is “to provide for the restitution of rights in land in respect of which
persons or communities were dispossessed under or for the purpose of furthering the objects of any
racially based discriminatory law”.1
South African Human Rights Commission’s Report: The South African Human Rights Commis-
sion (SAHRC) is an “A” status NHRI. It has seven primary focus areas, including “environment, rural
development, and natural resources”. Accordingly, the SAHRC prepared a Land Restitution Report in
2013, which focuses on investigating the systemic challenges affecting the land restitution process.

1    Report of the South African Human Rights Commission; Investigative Hearing; Monitoring and Investigating
the Systemic Challenges Affecting the Land Restitution Process in South Africa; 12 November – 5 December 2013;
https://www.sahrc.org.za/home/21/files/Land%20Restitution%20Report%20Proof%202.pdf.

Land is not a mere commodity, but an essential element for the realization of many hu-
man rights. Access to, use of, and control over land directly affects the enjoyment of a wide
range of human rights. Disputes over land are also often the cause of human rights violations,
conflicts, and violence. Importantly, the human rights dimensions of land management are di-
rectly linked to most aspects of social development, peace-building, and humanitarian assis-
tance, as well as disaster prevention and recovery.

HUMAN RIGHTS SDGS

What human rights are directly affected by prob- South Africa is working to overcome the challeng-
lems in access to, use of, and control over land? es of the country’s land restitution process. How
do land restitution and land rights relate to the
realization of the SDGs? Consider the SDG targets
and indicators.

yy Right to equality and non-discrimination yy SDG 1: End poverty

yy Right to adequate food yy SDG 2: End hunger
yy Right to adequate housing yy SDG 5: Ensure gender equality
yy Right to an effective remedy yy SDG 10: Reduce inequality
yy Rights to freedom of movement and resi- yy SDG 11: Make cities inclusive and sustainable
dence yy SDG 15: Protect and sustainably use terrestrial
yy Right to freedom of religion ecosystems
yy Right to information
yy Right to life
yy Right to participation
yy Right to property
yy Right to self-determination
yy Right to take part in cultural life
yy Rights to water and sanitation

an introduction to human rights  67

Part III:
Human Rights and
Fundamental Freedoms

an introduction to human rights  68

1) The right to life

The most fundamental right – The right to life is the most fundamental of all rights. Individuals can
only exercise their other rights if they can enjoy their right to life. However, the right to life is not abso-
lute. There are circumstances in which deprivation of life may be justified. This is the case, for example,
when deprivation of life takes place in accordance with the law of armed conflict.
State obligations – States must not intentionally and unlawfully take life or take unlawful measures that
lead to deprivation of life. They must take all possible measures to safeguard the right to life. They must
take preventive measures to protect an individual from the criminal acts of another when authorities
know or should know that there is an immediate risk to the person’s life. They must enact criminal legis-
lation and conduct effective investigations and prosecution of cases where State authorities, individuals,
or other entities may be responsible for potentially unlawful deaths, and where necessary, provide protec-
tion and redress to victims and their family members. They must take measures to fulfill economic, so-
cial, and cultural rights to safeguard the right to life. The Human Rights Committee adopted its General
Comment No. 36 on the right to life to interpret article 6 of the ICCPR and to clarify State parties’ legal ob-
ligations, including as concerns the prohibition against arbitrary deprivation of life, the duty to protect life,
the imposition of the death penalty, and the relationship of article 6 to other issues, such as torture and
ill-treatment, enforced disappearances, environmental degradation, climate change, and many others.

Respect the right to life and refrain

“Negative” obligations from the intentional and unlawful
taking of life
RIGHT TO LIFE

Fulfill economic, social and

cultural rights, including
- Right to an adequate standard
“Positive” obligations of living
- Right to healthcare
- Right to food
- Right to water and sanitation
Protect and fulfill the right to life - Right to adequate housing

Investigate potentially unlawful

deaths, ensure accountability, and Take preventive measures
remedy violations

an introduction to human rights  69

 CASE 12: BRINCAT AND OTHERS V. MALTA (EUROPEAN COURT OF HUMAN RIGHTS)

Facts: Shipyard repair workers were exposed to asbestos from the 1950s to the early 2000s, which
caused suffering from asbestos-related health conditions. In the 1960s, Malta became a member of
the International Labour Organization (ILO) and the World Health Organization (WHO), which has
been raising awareness about the dangers of asbestos since the 1950s. Survivors as well as family
members of deceased workers complained to the European Court of Human Rights about their or
their relatives’ exposure to asbestos, and about the Maltese Government’s failure to protect them
from its fatal consequences.

Judgment: The Court found a violation of the right to life in respect to the applicants whose rel-
atives had died. Regarding the other complainants, it found a violation of the right to respect for
private and family life.

The Court held that

yy the Maltese Government had failed to satisfy its positive obligations to legislate or take other
practical measures to ensure the effective protection of the employees whose lives might have
been endangered by the inherent risk of exposure to asbestos; and
yy the Maltese Government had failed in its duty to provide access to essential information en-
abling individuals to assess risks to their health and lives.

HUMAN RIGHTS SDGS

The Court found a violation of the right to life in re- How does addressing these human rights issues
spect to the applicants whose relatives had died. advance the realization of the SDGs? Consider the
What other rights are of concern with respect to SDG targets and indicators.
the facts of the case? Why?

yy Right to life yy SDG 3: Ensure healthy lives

yy Right to health yy SDG 8: Promote economic growth, employ-
yy Right to just and favorable conditions of work ment, and decent work
yy Right to information yy SDG 9: Promote inclusive and sustainable in-
dustrialization
yy SDG 12: Ensure sustainable consumption and
production

an introduction to human rights  70

Extrajudicial, summary or arbitrary executions

Unlawful deprivation of life – The killing of individuals by deliberate, illegal, and excessive use of lethal
force is unlawful. Deprivation of life by police or military forces is arbitrary where it is unlawful under
international human rights law or not in line with international standards.
A human rights violation – Extrajudicial, summary, or arbitrary executions violate the right to life, as well
as the right to liberty and security of person and the right not to be subjected to torture and other cruel,
inhuman, or degrading treatment or punishment.
International standards – States must respect and protect life as well as investigate suspicious deaths, in
line with international standards, including
yy the UN Basic Principles on the Use of Force and Firearms by Law Enforcement Officials (1990);
yy the UN Principles on the Effective Prevention and Investigation of Extra-legal, Arbitrary, and
Summary Executions (1989); and
yy the UN Manual on the Effective Prevention and Investigation of Extra-Legal, Arbitrary, and Sum-
mary Executions (1991, revised in 2016), also known as the Minnesota Protocol.

CASE 13: STATEMENT BY THE UN HUMAN RIGHTS EXPERTS ON UNLAWFUL KILLINGS

OF PEOPLE SUSPECTED OF DRUG-RELATED OFFENCES IN THE PHILIPPINES

Background: Rodrigo Duterte, the President of the Philippines, instigated and incited law enforce-
ment agencies and the public to kill people suspected of trafficking drugs as well as people who use
drugs. He was also reported to have promised impunity for such killings.
Statement: The UN Special Rapporteurs on summary executions and on the right to health issued
a joint Statement urging the Government of the Philippines to end extrajudicial executions and kill-
ings:
“Claims to fight illicit drug trade do not absolve the Government from its international legal obliga-
tions and do not shield State actors or others from responsibility for illegal killings (…) the State has a
legally binding obligation to ensure the right to life and security of every person in the country, wheth-
er suspected of criminal offences or not.”1

1    UN Special Procedures; “UN experts urge the Philippines to stop unlawful killings of people suspected of
drug-related offences”; http://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=20388.

an introduction to human rights  71

Enforced or involuntary disappearances

An unknown fate – Enforced or involuntary disappearances occur when government officials or affili-
ated groups arrest, detain, or abduct a person against their will, and refuse to disclose the whereabouts
of the person or do not acknowledge the deprivation of their liberty.
Human rights violations of the disappeared persons and their
family members – When the disappeared person is killed, it is a vi-
olation of the right to life. Enforced or involuntary disappearances
also violate:
yy the right to liberty and security of the person;
yy the prohibition of torture and other cruel, inhuman, or de-
grading treatment or punishment;
yy the right to an identity;
yy the right to a fair trial;
yy the right to an effective remedy;
yy the right to information;
Members of the Working Group on
yy the right to protection and assistance to the family; Enforced Disappearances
yy the right to an adequate standard of living; Photo © OHCHR/UN

yy the right to health; and

yy the right to education.

Forbidden by international law – There are a number of international treaties protecting the right to
life. There are also specific international and regional human rights treaties protecting persons from
enforced disappearances. Enforced disappearances can also amount to crimes against humanity under
the Rome Statute. These instruments include
yy The Declaration on the Protection of All Persons from Enforced Disappearance,
yy The International Convention for the Protection of All Persons from Enforced Disappearance
yy The Inter-American Convention on Forced Disappearance of Persons.

International monitoring – There are international bodies mandated to work on cases of enforced
disappearances, including
yy The UN Committee on Enforced Disappearances, and
yy The Working Group on Enforced or Involuntary Disappearances.

Reference Material

»» UN Human Rights Office Fact Sheet; “Enforced or Involuntary Disappearances”;

http://www.un.org/en/events/disappearancesday/pdf/FactSheet6Rev3.pdf.

an introduction to human rights  72

CASE 14: NITZA PAOLA ALVARADO AND OTHERS V. MEXICO (INTER-AMERICAN COM-
MISSION ON HUMAN RIGHTS) 1

Background: Enforced disappearances constitute a widespread human rights issue in Mexico. It

has been reported that over the last decade that an estimated 26,000 people have disappeared in
Mexico. A variety of reports also show the involvement by state actors, including the army and the
police. The problem has also been scrutinized at the regional and international levels, including by
the Organization of American States as well as the United Nations human rights mechanisms. The
Government is working to improve the human rights situation in the country, including by fighting
against enforced disappearances. Challenges posed by the complex public security situation in the
country require the Mexican authorities to intensify their efforts in the fight against enforced disap-
pearances.

Facts: Nitza Paola Alvarado Espinoza, José Ángel Alvarado Herrera, and Rocío Irene Alvarado Reyes
were deprived of their liberty by members of the military in the Mexican State of Chihuahua in De-
cember 2009, and have been “missing” ever since. The State officials told their family members that
they were unaware of the victims’ detention or their whereabouts. Their fate or whereabouts remain
unknown.

Findings: The case was brought before the Inter-American Commission on Human Rights, which
characterized what happened as forced disappearance. The Commission recommended that the
Mexican Government
yy conduct a thorough, impartial, and effective investigation into the whereabouts of the victims;
yy if appropriate, adopt the necessary measures to identify their remains and turn them over to
their families;
yy conduct the appropriate proceedings for the crime of forced disappearance of the three victims
and hold accountable those who committed the crime;
yy provide adequate compensation for the human rights violations; and
yy adopt measures to respond to the problem of forced disappearance in Mexico.
The Commission found that the Mexican Government had not complied with its recommendations,
and on 22 November 2016, it transferred the case to the Inter-American Court of Human Rights.

1    OAS, Inter-American Commission on Human Rights; Report No. 3/16 Case 12.916; http://www.oas.org/en/ia-
chr/decisions/court/2016/12916fondoen.pdf.

an introduction to human rights  73

Death penalty

There is not a complete global ban on the death penalty in international law. However, the United Na-
tions General Assembly has adopted resolutions1 urging States, among other things to
yy respect international standards that provide safeguards guaranteeing protection of the rights
of those facing the death penalty,
yy progressively restrict the use of the death penalty and to reduce the number of offences for
which it may be imposed, and
yy establish a moratorium on executions with a view to abolishing the death penalty.
Yet, people around the world are still executed by some States as punishment for a variety of crimes, in-
cluding for acts that should not be criminalized in the first place (such sexual orientation and/or gender
identity). Some States execute people who were under eighteen years old when the crime was committed.
Prior to execution, people sentenced to death are often imprisoned for years on “death row”, which may
amount to torture and other cruel, inhuman, or degrading treatment or punishment that causes mental
suffering.
Neither the Committee against Torture nor the Human Rights Committee has yet concluded whether the
death penalty per se amounts to torture. However, the methods for carrying out the death penalty, as
well as the death row phenomenon, may amount to torture and cruel, inhuman, or degrading treatment
or punishment. On the other hand, taking into account that international human rights treaties are living
instruments and must be interpreted in present day conditions, the European Court of Human Rights has
taken the view that the death penalty is prohibited under the ECHR. The UN Special Rapporteur on torture
and other cruel, inhuman, or degrading treatment or punishment is also of the opinion that “even if the
emergence of a customary norm that considers the death penalty as per se running afoul of the prohibi-
tion of torture and cruel, inhuman or degrading treatment is still under way, most conditions under which
capital punishment is actually applied renders the punishment tantamount to torture. Under many other,
less severe conditions, it still amounts to cruel, inhuman or degrading treatment”. 2

BOX 30: DEATH PENALTY: WHAT SHOULD STATES DO?

In accordance with international standards

yy States that have not yet abolished the death penalty should take steps towards its abolition.
yy States that have abolished the death penalty in law shall not reintroduce it.
yy States should not deport persons who could face a death sentence upon their extradition.
yy States that have moratoria on the death penalty should take steps to formalize its abolition in
law.

1    UNGA resolutions A/RES/62/149, A/RES/63/168, A/RES/65/206.

2    Report of the Special Rapporteur on torture and other cruel, inhuman, or degrading treatment or punishment, A/67/279.

an introduction to human rights  74

International law urges that imposing the death penalty on certain groups of people constitutes a viola-
tion of human rights, regardless of the circumstances. The death penalty shall not be imposed for crimes
committed by pregnant or nursing women, children, elderly persons, or persons with psychosocial or in-
tellectual disabilities. Furthermore, military courts shall not have the power to impose the death penalty.

BOX 31: DEATH PENALTY IN INTERNATIONAL LAW

International law explicitly bans the death penalty, except during times of war, in

yy The Second Optional Protocol to the International Covenant on Civil and Political Rights,
yy Protocol No. 6 to the European Convention on Human Rights, and
yy The Protocol to the American Convention on Human Rights to Abolish the Death Penalty.
Protocol No. 13 to the European Convention on Human Rights prohibits the use of the death penalty
at all times, even during war.

an introduction to human rights  75

2) Prohibition of torture and other cruel, inhuman, or degrading
treatment or punishment

A violation of human rights and dignity – Torture and other cruel, inhuman, or degrading treatment or
punishment is a violation of human rights and dignity. It seeks to annihilate the victim’s personality and
denies the inherent dignity of the human being. It is absolutely prohibited and cannot be justified under
any circumstances.
Prohibited by international human rights law – Torture and other cruel, inhuman, or degrading treat-
ment or punishment is expressly prohibited in the International Covenant on Civil and Political Rights;
the UN Convention against Torture; the European Convention for the Protection of Human Rights and
Fundamental Freedoms; the EU Charter of Fundamental Rights; the American Declaration of the Rights
and Duties of Man; the Inter-American Convention on Human Rights; the Arab Charter on Human Rights;
the African Charter on Human and Peoples’ Rights; and others.

“(…) The term ‘torture’ means any act by which severe pain or suffer-
ing, whether physical or mental [first element: nature of the act], is
intentionally inflicted on a person [second element: intention of the
perpetrator] for such purposes as obtaining from him or a third person
information or a confession, punishing him for an act he or a third
person has committed or is suspected of having committed, or intim-
idating or coercing him or a third person, or for any reason based on
discrimination of any kind [third element: purpose], when such pain or
suffering is inflicted by or at the instigation of or with the consent or
acquiescence of a public official or other person acting in an official ca-
pacity [fourth element: involvement of public officials or assimilated].”
Article 1 of the Convention against Torture

Prohibited by international criminal law and humanitarian law – Torture is a crime under internation-
al law and a matter of humanitarian law where applicable. It is prohibited by the Geneva Conventions and
its Additional Protocols, as well as by the Rome Statute. The systematic or widespread practice of torture
constitutes a crime against humanity. Further, the prohibition of torture forms part of customary interna-
tional law and is generally regarded as a norm of ius cogens, which means that it is binding regardless of
whether a State has ratified international treaties in which torture is expressly prohibited.
Cruel, inhuman or degrading treatment – Torture may be distinguished from cruel, inhuman, or degrad-
ing treatment by taking into account elements such as the purpose of the conduct and the powerlessness
of the victim, or the severity of the treatment. All such conduct is forbidden by international law.

an introduction to human rights  76

 Each State Party shall undertake to prevent in any ter-
ritory under its jurisdiction other acts of cruel, inhuman,
or degrading treatment or punishment, which do not
amount to torture as defined in article 1, when such acts
are committed by or at the instigation of or with the
consent or acquiescence of a public official or other person
acting in an official capacity. In particular, the obliga-
tions contained in articles 10, 11, 12, and 13 shall apply
with the substitution for references to torture of references
to other forms of cruel, inhuman, or degrading treatment
or punishment.
Article 16(1) of the Convention against Torture

BOX 32: DETENTION FACILITIES

Persons deprived of their liberty are at particular risk of torture and other cruel, inhuman, or degrad-
ing treatment or punishment. States must ensure respect for prisoners’ inherent dignity and value
as human beings.

Such facilities where persons are deprived of their liberty include

yy police stations;
yy pre-trial detention centres;
yy remand prisons;
yy prisons;
yy juvenile detention centres;
yy border police facilities and transit zones at land crossings, international ports, and airports;
yy immigration and asylum seekers’ detention centres;
yy psychiatric institutions;
yy security and intelligence service facilities;
yy detention facilities under military jurisdiction;
yy places of administrative detention;
yy means of transport for the transfer of detainees;
yy social care homes provided by the State or subject to State regulations or licensing; and
yy unofficial places of detention (such as those operating secret detentions).

an introduction to human rights  77

State obligations – States have a wide range of obligations in combatting torture and other cruel, inhu-
man, or degrading treatment or punishment. Among other things, they should take measures to comply
with international human rights standards concerning the treatment and living conditions of persons de-
prived of their liberty, such as the UN Standard Minimum Rules for the Treatment of Prisoners (also
known as the Nelson Mandela Rules). They should provide training to their law enforcement and military
forces. They should, under the Optional Protocol to the UN Convention against Torture, establish National
Preventive Mechanisms. They should also ensure the enjoyment of the right to redress and rehabilita-
tion by the victims.

Refrain from action that may

“Negative” obligations
amount to torture

PROHIBITION OF Protection from assault from

TORTURE other individuals

“Positive” obligations
Procedural obligations to in-
vestigate alleged instances of
ill-treatment; ensure account-
ability; and remedy violations

Reference Material

»» UN Human Rights Office; “Combating Torture”; http://www.ohchr.org/Documents/Publications/

FactSheet4rev.1en.pdf.
»» UN Human Rights Office; UN Voluntary Fund for Victims of Torture; “Interpretation of Torture in
the Light of the Practice and Jurisprudence of International Bodies; http://www.ohchr.org/Docu-
ments/Issues/Torture/UNVFVT/Interpretation_torture_2011_EN.pdf.

an introduction to human rights  78

Here is a non-exhaustive list of acts that may amount to torture or cruel, inhuman, and degrading treat-
ment:

Conditions of detention

yy Detention facilities are the most common places where serious violations of the prohibition of torture
and other cruel, inhuman or degrading treatment take place.

Refoulement

yy Deporting a person to a third country may give rise to concerns, where a person would be deported to a
country where he/she may be sentenced to death or where there is a real risk of being tortured or subject
to cruel, inhuman and degrading treatment.

Gender based violence

yy States have a duty to prevent the physical and psychological suffering that may amount to torture or
cruel, inhuman and degrading treatment, which is inflicted upon women, including in the form of do-
mestic violence, female genital mutilation or rape.

Death penalty

yy The methods for carrying out the death penalty as well as the “death row” phenomenon may amount to
torture or inhuman treatment.

Psychological torture

yy Psychological and mental torture may occur in many ways, such as threats against a person’s life or life
of his/her relatives, or torture of other persons, including relatives.

Trafficking in persons

yy Trafficking in persons constitutes torture or cruel, inhuman and degrading treatment.

Enforced disappearances

yy Enforced disappearance also amounts to torture or cruel, inhuman and degrading treatment.

Corporal punishment

yy Corporal punishment may also amount to torture or cruel, inhuman and degrading treatment, regard-
less of whether it is lawful under national law.

an introduction to human rights  79

3) The right to be free from enslavement

yy Slavery and related practices constitute a violation of human rights and dignity.
yy The prohibition of slavery and related practices have achieved the level of customary interna-
tional law and ius cogens, meaning that it is binding on all States regardless of whether they
have signed or ratified any treaty.
yy The practice of slavery may also amount to a crime against humanity.

Defining slavery – At first, slavery was defined as “the status or condition of a person over whom any or
all of the powers attaching to the right of ownership are exercised”.1 Later, the definition was broadened
to include the practices and institutions of debt bondage, servile forms of marriage, the exploitation of
children and adolescents, forced labour, and serfdom.2
International instruments – Protection against abuses of human rights that fall within the broad defini-
tion of slavery is a feature of the Universal Declaration of Human Rights and the International Covenant on
Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights, the Conven-
tion on the Elimination of All Forms of Discrimination against Women, and the Convention on the Rights
of the Child.

BOX 33: INTERNATIONAL TREATIES PROHIBITING SLAVERY AND RELATED PRACTICE

yy The Universal Declaration of Human Rights

yy The International Covenant on Civil and Political Rights
yy The International Covenant on Economic, Social, and Cultural Rights
yy The Convention on the Elimination of All Forms of Discrimination against Women
yy The Convention on the Rights of the Child
yy The Slavery Convention
yy The Supplementary Convention
yy The Convention for the Suppression of the Traffic in Persons and of the Exploitation of the Pros-
titution of Others
yy Related ILO Conventions (e.g. no. 29 prohibiting forced labour in most of its forms; no. 105 pro-
hibiting the use of forced labour for development; and1973 Minimum Age Convention)

1    League of Nations Slavery Convention of 25 September 1926 art 1(1).

2    Supplementary Convention on the Abolition of Slavery, the Slave Trade, and Institutions and Practices Similar to Slavery
art 1.

an introduction to human rights  80

4) The prohibition of human trafficking

Defining human trafficking – Trafficking in persons has been traditionally associated with the movement
of women and girls into sexual exploitation. However, men and women, boys and girls, can all be victims
of human trafficking. Today, human trafficking also includes a broader range of conduct for the purpose
of exploitation.

The Protocol to Prevent, Suppress, and Punish Trafficking in Persons (Trafficking in Persons Pro-
tocol) defines the term “trafficking in persons” as follows:

“Trafficking in persons” shall mean the recruitment, transportation,

transfer, harboring or receipt of persons [first element: action], by
means of the threat or use of force or other forms of coercion, of ab-
duction, of fraud, of deception, of the abuse of power or of a position
of vulnerability or of the giving or receiving of payments or benefits
to achieve the consent of a person having control over another person
[second element: means], for the purpose of exploitation [third el-
ement: purpose]. Exploitation shall include, at a minimum, the ex-
ploitation of the prostitution of others or other forms of sexual exploita-
tion, forced labour or services, slavery or practices similar to slavery,
servitude or the removal of organs.”
International law provides a different definition for trafficking in children. The second element
in the above definition (i.e. “means”) is not required, as the first and third elements (i.e. “action”
and “purpose”) are enough.

yy Trafficking does not require the crossing of an international border; it can be internal as well
as cross-border.
yy Trafficking is different from migrant smuggling, as the “purpose” of migrant smuggling is to
profit from the movement, not the eventual exploitation as in the case of trafficking.
yy Trafficking does not always require movement, as different “actions” can be used for such
means and purposes.

Reference Material

»» UN Human Rights Office; “Instruments concerning Trafficking in Persons”; http://www.ohchr.org/

Documents/Issues/Women/WRGS/OnePagers/IntInstrumentsconcerningTraffickingpersons_
Aug2014.pdf.
»» UN Human Rights Office; “Human Rights and Human Trafficking”; http://www.ohchr.org/Docu-
ments/Publications/FS36_en.pdf.

an introduction to human rights  81

A human rights violation – Trafficking in persons is prohibited by international law and is a violation of
international human rights law. Moreover, such conduct must be criminalized according to the Trafficking
Protocol.
Non-treaty instruments – Besides treaties, there are various other instruments related to the fight against
human trafficking, such as the Recommended Principles and Guidelines on Human Rights and Human
Trafficking; the UNICEF Guidelines on the Protection of Child Victims of Trafficking; the ASEAN Practitioner
Guidelines on Criminal Justice Responses to Trafficking in Persons; and the UNHCR Trafficking Guidelines.

BOX 34: INTERNATIONAL INSTRUMENTS ON THE PROHIBITION OF TRAFFICKING IN

PERSONS AND RELATED PRACTICES

yy The Protocol to Prevent, Suppress, and Punish Trafficking in Persons, Especially Women and
Children (the Trafficking Protocol)
yy ILO Conventions 29, 105, and 182
yy Recommended Principles and Guidelines on Human Rights and Human Trafficking
yy Convention for the Suppression of the Traffic in Persons and of the Exploitation of the Prostitu-
tion of Others
yy Convention on the Elimination of All Forms of Discrimination against Women (art. 6)
yy Convention on the Rights of the Child (art. 35)
yy Optional Protocol on the Convention on the Rights of the Child, and on the sale of children,
child prostitution, and child pornography
yy UN Convention against Transnational Organized Crime
yy International Convention on the Protection of the Rights of All Migrant Workers and Members
of Their Families
yy International Covenant on Civil and Political Rights
yy International Covenant on Economic, Social, and Cultural Rights
yy Various regional instruments (e.g. Council of Europe Convention on Action against Trafficking
in Human Beings; South Asian Association for Regional Cooperation; and the Convention on
Preventing and Combating Trafficking in Women and Children for Prostitution)

an introduction to human rights  82

 BOX 35: HUMAN RIGHTS CONCERNS RELATED TO TRAFFICKING IN PERSONS AND
RELATED PRACTICES

Human trafficking is itself a violation of human rights; but it also gives rise to various other human
rights concerns, including
yy the right to life;
yy the prohibition of discrimination;
yy the right to liberty and security;
yy the right not to be submitted to slavery, servitude, forced labour, or bonded labour;
yy the right not to be subjected to torture or cruel, inhuman, or degrading treatment or punish-
ment;
yy the right to freedom of association;
yy the right to freedom of movement;
yy the right to the highest attainable standard of physical and mental health;
yy the right to just and favorable conditions of work;
yy the right to an adequate standard of living;
yy the right to social security; and
yy the right of children to special protection.

Duty bearers – In the fight against human trafficking, international law imposes obligations on States
as well as, where relevant, individuals and private entities, such as corporations. These obligations are
as follows: (i) to identify, protect, and support victims of trafficking; (ii) to facilitate the return of trafficked
persons; (iii) to offer remedies for trafficking; (iv) to provide an effective criminal justice response; (v) to
prevent trafficking; and (vi) to ensure that responses to human trafficking do not violate established rights.

Event on Stepping up Action to End Forced Labour, Modern Slavery and Human Trafficking
Photo © 2018 UN Photo/Laura Jarriel

an introduction to human rights  83

5) The right to liberty and security

Every person has the right to liberty. However, this does not grant complete freedom from arrest or
detention. Persons may be deprived of their liberty only for a limited range of reasons under some in-
ternational human rights treaties, and only if it is in accordance with law and if not arbitrary. Depriva-
tions of liberty must be in accordance with a procedure established by domestic law and must respect
the due process of law. Otherwise it constitutes a violation of human rights.
Grounds for deprivation of liberty – Liberty of the person is the rule, to which detention must be the
exception. The following may constitute grounds for depriving persons of their liberty:
yy non-compliance with the lawful order of a court or the fulfilment of an obligation prescribed
by law;
yy reasonable suspicion of having committed an offence;
yy preventing flight; or
yy administrative grounds (educational supervision, mental health, or deportation and extradi-
tion).

The right to due process of law – When a person is deprived of their liberty, minimum guarantees must
be respected.

BOX 36: THE RIGHT TO DUE PROCESS OF LAW

The right to due process is crucial in the enjoyment of the right to liberty and security. It has many
aspects, some of which are that every detained person
yy shall be promptly informed of the reasons for her/his arrest;
yy shall be promptly brought before a judge;
yy is entitled to a trial within a reasonable time or should otherwise be released pending trial;
yy has an enforceable right to compensation if detention is determined to be unlawful;
yy is entitled to a prompt examination by a court as to the lawfulness of his/her detention, includ-
ing habeas corpus proceedings;
yy shall have access to a lawyer;
yy has the right not to confess or testify against her/himself;
yy must be allowed to promptly notify his/her family; and
yy shall be provided an interpreter when necessary.

Incommunicado detention – Deprivation of liberty, even for a short period of time, in complete isolation
from the outside world, including from family and a lawyer, is called incommunicado detention. Although
it is not explicitly prohibited by international human rights law, it is linked to various other rights and there-
fore may constitute a human rights violation, including of the right to be free from torture or cruel, inhu-
man, and degrading treatment or punishment.

an introduction to human rights  84

Arbitrary arrest and detention – A lawful arrest must not only be in accordance with the law but also be
reasonable and necessary in all circumstances.
The right to security of the person – Every person has the right to the protection of the law in the exercise
of their right to liberty. This, for example, puts an obligation on the State to take reasonable and appropri-
ate measures to protect persons from known threats.

BOX 37: A LAWFUL DEPRIVATION OF LIBERTY

To be lawful under international human rights law, arrests and detentions must
yy be carried out in accordance with law (both formal and substantive rules of domestic and inter-
national law), including the principle of non-discrimination; and
yy be free from arbitrariness, in that the laws and their application must be appropriate, just, and
foreseeable and must comply with the due process of law.

BOX 38: THE RIGHT TO LIBERTY AND SECURITY IN INTERNATIONAL HUMAN RIGHTS
LAW

Unlawful or arbitrary deprivation of liberty is prohibited under international human rights law, in-
cluding by the following treaties:
yy Articles 3 and 9 of the Universal Declaration of Human Rights,
yy Article 9 of the International Covenant on Civil and Political Rights,
yy Article 37 (b) of the Convention on the Rights of the Child,
yy Article 14 of the Convention on the Rights of Persons with Disabilities,
yy Article 31 of the Convention Relating to the Status of Refugees,
yy Article 6 of the African Charter on Human and Peoples’ Rights,
yy Article 7 of the American Convention on Human Rights, and
yy Article 5 of the European Convention on Human Rights.

Reference Material

»» UN Human Rights Office; “Human Rights in the Administration of Justice: A Manual on Human
Rights for Judges, Prosecutors and Lawyers”; “Chapter 5: Human Rights and Arrest, Pre-Trial Deten-
tion and Administrative Detention”; http://www.ohchr.org/Documents/Publications/training9c-
hapter5en.pdf; p. 168-169.

an introduction to human rights  85

CASE 15: MUKONG V. CAMEROON (UN HUMAN RIGHTS COMMITTEE) 1

In the case of Mukong, the applicant alleged that he had been arbitrarily arrested and detained for
several months, an allegation rejected by the State party on the basis that the arrest and detention
had been carried out in accordance with the domestic law of Cameroon.
The Human Rights Committee concluded that article 9(1) had been violated, since the author’s de-
tention “was neither reasonable nor necessary in the circumstances of the case”. For instance, the
State party had not shown that the remand in custody was “necessary ... to prevent flight, interfer-
ence with evidence or the recurrence of crime” but had “merely contended that the author’s arrest
and detention were clearly justified by reference to” article 19(3) of the Covenant, which allows for
restrictions on the right to freedom of expression.
However, the Committee considered that the author’s right to freedom of expression had therefore
been violated. Consequently, the Committee also concluded that the author’s arrest and deten-
tion were contrary to article 9(1) of the Covenant.

1    UN Human Rights Committee; Communication No. 458/1991; A. W. Mukong v. Cameroon; views adopted on 21
July 1994; in UN doc. GAOR, A/49/40 (vol. II); case study from UN Human Rights Office; “Human Rights in the Admin-
istration of Justice: A Manual on Human Rights for Judges, Prosecutors and Lawyers”.

an introduction to human rights  86

6) Freedom of movement

Every person residing lawfully in a country has the right to move freely and to choose a place of res-
idence anywhere within the territory of that country. This right should be protected from both public
and private interference.
The right to freedom of movement is provided for in article 13 of the Universal Declaration of Human
Rights, article 12 of the ICCPR, article 18 of the CRPD, article 39 of the CMW, article 5 (d/i) of the CERD, and
article 15 (4) of the CEDAW.
Restrictions on freedom of movement – Restrictions on freedom of movement may take the form of
yy restrictions on the entry of non-nationals,
yy confinement to a certain region of a country,
yy curfews,
yy expulsion from a country, or
yy prohibition to leave a country.
However, such restrictions must be provided by law; must be necessary to protect national security, public
order, public health or morals, or the rights and freedoms of others; and must be consistent with other
State obligations under international human rights law.
Freedom to leave a country – Article 12 (2) of the ICCPR provides that all persons (citizens, non-nationals,
and persons residing in a country irregularly) are free to leave the territory of a State. Both the State of
nationality and the State of residence have obligations to respect individuals’ freedom to leave a country.
For example, issuing travel documents or passports to all citizens both within and outside the national
territory is an obligation of the State of nationality.

Reference Material

»» UN Human Rights Office and Inter-Parliamentary Union (IPU); Human Rights Handbook for Par-
liamentarians; http://www.ohchr.org/Documents/Publications/HandbookParliamentarians.pdf

CASE 16: CELEPLI V. SWEDEN (UN HUMAN RIGHTS COMMITTEE) 1

Mr. Celepli, a Turkish citizen of Kurdish origin living in Sweden, was ordered to leave the country on
grounds of suspected involvement in terrorist activities. That order was not enforced, as the Swed-
ish authorities believed Mr. Celepli was at risk of persecution in Turkey; he was allowed to remain in
Sweden provided that he resides in a particular municipality and report regularly to the police. The
Human Rights Committee found that these restrictions on freedom of movement did not violate
Article 12 (3) of the ICCPR.

1    UN Human Rights Committee; Communication No. 456/1991, Celepli v. Sweden; case study from UN Human
Rights Office and IPU; Human Rights Handbook for Parliamentarians p. 152.

an introduction to human rights  87

7) Freedom of thought, conscience, and religion

Everyone has the freedom of thought, conscience, and religion. This includes the freedom to change
one’s religion or belief, and the freedom – either alone or in community with others, and either privately
or publicly – to manifest one’s religion or belief in teaching, practice, worship, and observance. Forced
religious conversion is a violation of the right to freedom of religion and is prohibited under internation-
al law.
The right to freedom of thought, conscience, and religion is provided for in article 18 of UDHR, article 18 of
the ICCPR, article 14 of the CRC, article 12 of the CMW, and article 5 (d/vii) of the CERD.
Limitations on the manifestation of one’s religion or belief – Freedom of thought, conscience, or reli-
gion is an absolute right. However, the manifestation of religion or belief may be restricted on legitimate
grounds. Under article 18, paragraph 3 of the ICCPR, such restrictions must be prescribed by law and be
necessary for protecting public safety, order, health or morals, or the fundamental rights and freedoms of
others.
yy The manifestation of one’s religion or belief must be a form of “worship, teaching, practice or
observance”. For example, when the manifestation of religion amounts to incitement to hatred
against certain groups in society, such conduct may constitute incitement to discrimination,
hostility, or violence, and may therefore provide legitimate grounds for a State to restrict the
freedom of thought, conscience, and religion in order to protect the fundamental rights and
freedoms of others.

Religious minorities often face serious threats, not only to their freedom of thought, conscience, and religion, but
also to their right to life and various other rights. Genocide of the Yazidi religious minority in the Middle East has
occurred in Iraq and Syria. The Special Rapporteur on freedom of religion and belief said that “freedom of religion
and belief is being denied in the most gross and systematic way possible – through the attempted extermination
of religious minorities. The Independent International Commission of Inquiry on Syria released a report of its
findings. - Photo © UNICEF/Razan Rashidi

an introduction to human rights  88

8) Freedom of opinion and expression

Everyone has the right to hold opinions. It is an absolute freedom; there are no exceptions or restric-
tions on its enjoyment. Everyone has the right to express their opinions and beliefs, which is crucial in
a democratic society where there is a flow of ideas and information. However, freedom of expression is
not absolute, and States may – and in some cases should – impose restrictions.
The right to freedom of opinion and expression is provided for in article 19 of the UDHR, article 19 of the
ICCPR, article 13 of the CRC, article 13 of the CMW, and article 5 (d/viii) of the CERD.
The scope of freedom of opinion and expression – The right to freedom of opinion and expression
includes the freedom to hold opinions without interference and to seek, receive, and impart information
and ideas. It also includes, for instance, the right of access to information held by public bodies, freedom
of the media, and academic freedom.

CASE 17: VITALIY SYMONIK V. BELARUS (UN HUMAN RIGHTS COMMITTEE) 1

In the case of Vitaliy Symonik v. Belarus, the Human Rights Committee found that preventing an au-
thor from distributing political leaflets, confiscating the leaflets, arresting him, charging him with an
administrative offence, and subsequently sentencing him to a fine, unjustifiably restricted his right
to freedom of expression as guaranteed in Article 19 of the ICCPR.

1    UN Human Rights Committee; Communication No. 1952/2010, Vitaliy Symonik v. Belarus; case study from UN
Human Rights Office and IPU; Human Rights Handbook for Parliamentarians p. 158

Limitations to freedom of expression – Restrictions imposed by a State on the exercise of freedom of

expression must be provided by law; must be necessary for a legitimate purpose, such as respect for the
reputation or rights of others or the protection of national security, public order or public health or morals;
and must be proportionate to the aim pursued.
Prohibition of the incitement to national, racial, or religious hatred – Freedom of expression does not
permit hate speech and/or advocacy of national, racial, or religious hatred. This issue is also covered in the
Rabat Plan of Action on the prohibition of advocating national, racial, or religious hatred that constitutes
incitement to discrimination, hostility, or violence.

CASE 18: IRINA FEDOTOVA V. RUSSIAN FEDERATION (UN HUMAN RIGHTS COMMITTEE) 1

The applicant was convicted of an administrative offence and fined 1,500 rubles for displaying near
a secondary school two posters that stated, “Homosexuality is normal” and “I am proud of my ho-
mosexuality”. In its decision, the Human Rights Committee found that the applicant’s conviction
under the Ryazan Law on Administrative Offenses, which prohibits “public actions aimed at propa-
ganda of homosexuality among minors”, violated her right to freedom of expression, in conjunction
with her right to freedom from discrimination, under the ICCPR.

1   UN Human Rights Committee; Communication No. 1932/2010, Irina Fedotova v. Russian Federation; case study
from UN Human Rights Office and IPU; Human Rights Handbook for Parliamentarians p. 158-159.

an introduction to human rights  89

9) Freedom of peaceful assembly and association

Freedom of peaceful assembly – Everyone has the right to peaceful assembly with others. States must
guarantee the right of individuals to hold meetings to publicly discuss or disseminate information or ideas.
Therefore, States have both negative obligations (not to interfere with the enjoyment of the right) and
positive obligations (to take measures to guarantee its enjoyment). State authorities should, however, take
measures to prevent a peaceful assembly from escalating to a riot, due to provocation, for example, or to
the use of force by private parties, such as counter-demonstrators or agents provocateurs.
The right to peaceful assembly and of association is provided for in article 20 of the Universal Declaration
on Human Rights, articles 21 and 22 of the ICCPR, article 15 of the CRC, and article (d/ ix) of the CERD.
Freedom of association – Everyone has the right to freedom of association. The formation of and mem-
bership in an association must be voluntary. Neither State nor private parties can force anyone, whether
directly or indirectly, to join an association – be it a political party, a religious society, or any other organi-
zation.
Trade unions – Freedom of association includes the right to form and join, not join, or leave trade unions
to protect one’s interests. The freedom of association in relation to trade unions is also protected under
article 8 of ICESCR.
Limitations to freedom of peaceful assembly and association – The right to freedom of peaceful as-
sembly and association may be limited on certain grounds. Such limitation must conform to the law, be
necessary in a democratic society, and be proportionate to the aim pursued.

Modified photo by Kipras Štreimikis on Unsplash

an introduction to human rights  90

BOX 39: THE FREEDOM OF ASSOCIATION

The freedom of association includes the right

yy to form an association,
yy to join an association,
yy not to join an association, and
yy to leave an association.

CASE 19: SOCIALIST PARTY OF TURKEY (STP) AND OTHERS V. TURKEY (EUROPEAN
COURT OF HUMAN RIGHTS)1

The STP was formed on 6 November 1992, but on 30 November 1993 the Constitutional Court of
Turkey ordered its dissolution on the grounds that its programme was liable to undermine the ter-
ritorial integrity of the State and the unity of the nation. It found that the STP had called for a right
of self-determination for the Kurds and had supported the right to “wage a war of independence”.
The court ruling likened the STP’s views to those of terrorist groups. The applicants alleged, inter
alia, that the party’s dissolution had infringed their rights, as guaranteed under Article 11 of ECHR
on freedom of association.
The European Court of Human Rights found that the dissolution of the STP amounted to a violation
of the applicants’ right to freedom of association. It said there could be no justification for hindering
a political group merely because it sought public debate on the situation of part of the State’s pop-
ulation and wished to participate in the nation’s political life and employ democratic means of sat-
isfying every group concerned. Moreover, since the Constitutional Court’s ruling was made before
the STP had begun its activities, the European Court found that there was no evidence to support
allegations that the STP was responsible for the problems posed by terrorism in Turkey. According
to the European Court, the STP’s dissolution was therefore disproportionate and unnecessary in a
democratic society.

1   Case study from UN Human Rights Office and IPU; Human Rights Handbook for Parliamentarians; p. 167.

an introduction to human rights  91

10) The right to participate in public affairs

The right to participate in public affairs – Every citizen should have the right and opportunity to take
part in the conduct of public affairs; to vote and stand for election; and have equal access to public service
in their country. States that are party to ICMW have also recognized the right of migrant workers and their
families to participate in the public affairs of their State of origin.

BOX 40: THE RIGHT TO PARTICIPATE IN PUBLIC AFFAIRS

The right to participate in public affairs has three components:

yy the general right to public participation,
yy the right to vote and be elected, and
yy equal access to public service.

The general right to public participation – The right to public participation consists of (a) indirect par-
ticipation in public affairs through elected representatives, and (b) direct participation in public affairs.
Indirect participation: Participation in the conduct of public affairs usually takes place through elections
and representative bodies (e.g. national parliaments, local bodies, i.e. municipal/city councils). Through
these means, citizens can express their will and hold the government to account. Direct participation: Citi-
zens are also able to participate directly in public affairs, not only through elected representatives. This can
be through public debate and dialogue with elected representatives, referendums, and popular initiatives.
The right to vote – Every citizen has the right to vote and the State has the obligation to guarantee this
right. In this respect
yy The right to vote should be established by law.
yy All individuals must have equal access to the election process without discrimination on pro-
hibited grounds, such as race, colour, sex, language, religion, political or other opinion, national
or social origin, property, birth, or other status.
yy This does not mean, however, that everyone has the right to vote. Participation in elections may
be limited to the citizens of the State. There may be age restrictions, often requiring persons
to reach the age of 18 to be able to vote. In some jurisdictions, prisoners may be deprived of
their voting rights during their prison term, while in others, their voting rights may be subject to
restrictions.
yy The State should take measures to prevent rights violations and coercion in registration and
voting.
yy The State must take positive measures to remove obstacles (e.g. language barriers, poverty,
non-accessibility for persons with disabilities, and obstacles to freedom of movement) to par-
ticipation in elections.

an introduction to human rights  92

The right to be elected – The right to stand for election may be subject to restrictions. However, they must
be justifiable and reasonable. For example, there may be minimum age or citizenship requirements, but
physical disability, illiteracy, educational background, party membership, or property ownership should
not restrict the right to be elected.1
Free, fair, and periodic elections should be guaranteed by national law. In order to ensure that elections
take place in a free and fair manner, an independent authority to supervise the electoral process is a must.
The security of ballot boxes during voting as well as the counting of the ballots in the presence of observ-
ers, candidates, or their agents is also necessary.
Equal access to public service – Everyone must have the right and opportunity to take part in public
service positions. The principle of equality and non-discrimination must apply in the appointment, pro-
motion, suspension, and dismissal of those serving in such positions. Both the criteria and the process
should be objective and reasonable.

BOX 41: ARE NON-CITIZENS ENTITLED TO THE ENJOYMENT OF POLITICAL RIGHTS?

The International Covenant on Civil and Political Rights explicitly refers in article 25 to “citizens” as
the beneficiaries of the right to participate in public affairs. Therefore, under the ICCPR, non-citizens
are not entitled to the general right to public participation, the right to vote and be elected, or equal
access to public service.
State Parties to the International Convention on the Protection of the Rights of All Migrant Workers
and Members of Their Families have also recognized the right of migrant workers and their family
members to participate in the public affairs of their countries of origin.
This does not mean that non-citizens are not entitled to political rights outside their countries of
origin. First, non-citizens are equally entitled to the right of freedom of expression, assembly, and
association without discrimination. Through exercising these rights, they may influence public de-
bate and dialogue. Second, international human rights law only sets minimum standards. There-
fore, States can grant a wide range of political participation rights to non-citizens as well. This is, for
example, the case in provincial and/or municipal elections in a large number of States.

1    UN HRCttee, General Comment No. 25 (1996), para. 16.

an introduction to human rights  93

11) Protection of private and family life and the right to privacy

Everyone has the right not to be subjected to arbitrary interference with their privacy, family, home, or
correspondence, and to be free from unlawful attacks upon their honor and reputation. Respect for pri-
vate and family life is guaranteed under international human rights law. It is not, however, an absolute
right and is subject to some forms of legitimate restrictions.

BOX 42: WHAT DOES THE RIGHT TO PRIVACY ENTAIL?

Preservation of individual identity and intimacy: An individual’s specific identity is at the core of
their private life and must be respected. This includes, for example, respect for one’s name, appear-
ance, clothing, hairstyle, and gender.
Protection of individual autonomy: Individuals have the right to achieve self-realization with full
respect for their individuality and autonomy, as long as doing so does not interfere with the rights of
others. This includes a right to take autonomous decisions regarding one’s own body, including, for
example, in relation to gender identity or sexual conduct.
Protection of family life: Everyone has a right to the protection of their family life from arbitrary
or unlawful interference. According to the UN Human Rights Committee, the term “family” must be
interpreted broadly. Furthermore, the rights to marry and form a family, sexual and reproductive
rights, equality between spouses, protection of motherhood and the special rights of children, the
right to family reunification, foster placement, and adoption are also linked to the guarantees relat-
ing to the family.
Protection of personal information: The gathering of personal information by State officials about
individuals without their consent is related to the right to private life and privacy. This concerns, for
example, fingerprints, photography, and other personal information gathered by the police, or the
collection of medical data.
Protection of private correspondence: Everyone has a right to correspondence without unlawful
interruption or censorship. The term “correspondence” covers all forms of communication (e.g. let-
ters, telephone calls, and emails).

Limitations to the right to privacy and private life – The right to privacy and private life may be restrict-
ed on the grounds of legitimate public interests, which may be the protection of public order, health, mor-
als, and the rights and freedoms of others. Even so, restrictions must be prescribed by law, be necessary in
a democratic society, and be proportionate to the aim pursued.
yy For example, laws enacted in recent years in a number of countries, to broaden the powers of
police and security services to combat crime, including terrorism, have particularly affected
the right to privacy. Although combatting crime is a legitimate public interest, human rights
concerns have arisen, particularly in relation to the mass screening, scanning, processing, com-
bining, matching, storing, and monitoring of private data.

an introduction to human rights  94

 CASE 20: A.P., GARÇON AND NICOT V. FRANCE (EUROPEAN COURT OF HUMAN
RIGHTS)1

Three transgender persons wished to change the entries concerning their sex and their forenames
on their birth certificates. They were not allowed to do so by the courts, due to not having fulfilled
administrative requirements, such as undergoing sex reassignment surgery. They applied to the Eu-
ropean Court of Human Rights, alleging a violation of their right to respect for private life.
The Court held that there had been a violation of the right to respect for private life and held, in
particular, “that making recognition of the sexual identity of transgender persons conditional on
undergoing an operation or sterilizing treatment to which they did not wish to submit amounted
to making the full exercise of one’s right to respect for private life conditional on relinquishing full
exercise of the right to respect for one’s physical integrity”.

1   European Court of Human Rights; A.P., Garçon and Nicot v. France; application nos. 79885/12, 52471/13 and
52596/13; 6 April 2017.

Photo by Picsea on Unsplash

an introduction to human rights  95

12) Administration of justice and the right to a fair trial

Administration of justice – International human rights standards must be respected in the administra-
tion of justice:
Human rights guarantees relating to the administration of justice are well established in international hu-
man rights law. Articles 6-11 of the UDHR, 14-16 of the ICCPR, 18 of the CMW, and 40 of the CRC provide
for human rights standards in the administration of justice. There are also provisions in regional human
rights instruments, such as article 6 of the European Convention on Human Rights, 8 of the American Con-
vention on Human Rights, 7 of the African Charter on Human and People’s Rights, 13 of the revised Arab
Charter on Human Rights, and 20 of the ASEAN Human Rights Declaration. In addition, there are interna-
tional principles for good administration of justice, such as the UN Basic Principles on the Independence of
the Judiciary.

BOX 43: RESPECT FOR HUMAN RIGHTS IN THE ADMINISTRATION OF JUSTICE

States must guarantee human rights in the administration of justice, in particular

yy the right to a fair and public hearing by an independent and impartial tribunal;
yy the right to recognition as a person before the law;
yy the right to equal protection of the law without any discrimination;
yy the right to an effective remedy by the competent national tribunals for acts violating funda-
mental rights;
yy the right to be presumed innocent until proven guilty; and
yy the right not to be held guilty of any penal offence on account of any act that did not constitute
a penal offence, under national or international law, at the time when it was committed.

Equality of arms – Both parties of a trial (the prosecution and the accused in criminal proceedings, or the
plaintiff and the defendant in civil proceedings) must have equal rights and opportunities at the various
stages of the proceedings. They shall be kept informed of the facts and arguments of the opposing party
and have their arguments heard by the court.
Public hearings – In principle, court hearings and judgments must be open to the public. This is partic-
ularly important for the transparency of proceedings. Another reason for public hearings is that the ad-
ministration of justice is also a matter of public interest. However, there may be restrictions: for reasons of
morality, public order, or national security in a democratic society, when the interest of the private lives of
the parties is served; for the protection of the identity of children; or when (and to an extent strictly neces-
sary), in the opinion of the court, special circumstances dictate that publicity would prejudice the interests
of justice.
Special, extraordinary or military courts – Some countries have set up special, extraordinary, or military
courts to try specific types of offences. Their establishment is not explicitly prohibited under international
law; but they must also comply with fair trial guarantees relating to their competence, independence, and
impartiality. However, such courts offer fewer fair trial guarantees compared to ordinary courts.

an introduction to human rights  96

Trial of civilians in special, extraordinary, or military courts: The UN Human Rights Committee noted
that while trying civilians in military or special courts is not prohibited in all circumstances, it should be
exceptional. The State must justify, with objective and serious reasons, the necessity of resorting to such
trials. This is a safeguard for civilians, as serious human rights concerns may arise as regards the equitable,
impartial, and independent administration of justice in such courts.1
The right to a fair trial in a state of emergency and in armed conflict – States may derogate from
their certain international human rights obligations during a state of emergency. However, the UN Human
Rights Committee has stated that States must respect, even in a state emergency
yy the principle of legality,
yy the rule of law, and
yy the fundamental requirements of a fair trial.
The Committee further explained that even in a state of emergency
yy only a court of law may try and convict a person for a criminal offence,
yy the presumption of innocence must be respected, and
yy the right to take proceedings before a court must be upheld (in order to protect non-derogable
rights).2

Photo by Claire Anderson on Unsplash

1    UN HRCttee General Comment No. 29: Article 4: Derogations during a State of Emergency; UN HRCttee General Comment
no. 32, 31 August 2001, CCPR/C/21/Rev.1/Add.11; Right to equality before courts and tribunals and to fair trial, 23 August 2007;
CCPR/C/GC/32
2   Ibid.

an introduction to human rights  97

BOX 44: THE RIGHTS OF THE ACCUSED IN CRIMINAL TRIALS

International human rights law provides for specific rights that persons charged with a criminal of-
fence should enjoy:
yy the right to equality of arms;
yy the right to a public hearing;
yy the right to be presumed innocent;
yy the right not to be compelled to testify or to confess guilt (evidence elicited by torture or ill-treat-
ment may not be used in court);
yy the right to defend oneself in person or through a lawyer of one’s own choosing, and the right
to be provided with legal assistance free of charge;
yy the right to have adequate time and facilities for one’s defence, and the right to communicate
with one’s lawyer;
yy the right to be tried without undue delay;
yy the right to be present at one’s trial;
yy the right to call and examine witnesses;
yy the right to be provided with language interpretation free of charge;
yy the right to appeal to a higher tribunal;
yy the right not to be tried and sentenced twice for the same offence;
yy the right to receive compensation in the event of a miscarriage of justice;
yy the right not to be held guilty of any penal offence on account of any act that did not constitute
a penal offence, under national or international law, at the time when it was committed; and
yy the right to benefit from a lighter penalty if the criminal offence has been committed before the
law was amended to provide for a heavier penalty.

CASE 21: SUPREME COURT OF JUSTICE (QUINTANA COELLO AND OTHERS) V. ECUA-
DOR (INTER-AMERICAN COURT OF HUMAN RIGHTS)1

In Ecuador, the Parliament passed a resolution concerning the removal of twenty-seven judges of
the Supreme Court of Justice. The case was later brought before the Inter-American Court of Jus-
tice, which interpreted the American Convention in line with the ICCPR (taking into account General
Comment No. 32 of the UN Human Rights Committee) and the UN Basic Principles on the Indepen-
dence of the Judiciary.
The Court found that the State had violated the right to a fair trial and the obligation to respect rights
under the American Convention. The Court held that the victims had been dismissed from office by
a body without jurisdiction and were not granted an opportunity to be heard. Therefore, the Court
also found a violation of the right to have access to public service. Furthermore, the Court pointed to
the negative effects that the removal of twenty-seven judges of the Supreme Court of Justice would
have on the independence of the judiciary.

1   Inter-American Court of Human Rights; the case of Supreme Court of Justice (Quintana Coello et al.) v. Ecuador;
Preliminary Objection, Merits, Reparations and Costs; Judgment August 23, 2013.

an introduction to human rights  98

13) The right to an adequate standard of living

Everyone has the right to a standard of living adequate for the health and wellbeing of themselves and
their family. The UDHR’s article 25(1) and the ICESCR’s article 11 guarantee this right and set out some
of its elements, including the right to food, clothing, housing, medical care, necessary social services,
and social security. It is also guaranteed under article 27 of the CRC, article 14 of the CEDAW, article 29
of the CRPD, and article 5(e) of the CERD.

a) The right to adequate housing

BOX 45: THE RIGHT TO AN ADEQUATE STANDARD OF LIVING

In its General Comments, the Committee on Economic, Social, and Cultural Rights has explained the
components of the right to an adequate standard of living. They include
yy the right to adequate housing (General Comments 4 and 7),
yy the right to food (General Comment 12),
yy the right to water (General Comment 15), and
yy the right to social security (General Comment 19).

According to the Committee on Economic, Social, and Cultural Rights, the right to adequate housing
should be interpreted broadly and be seen as the right to live somewhere in security, peace, and dignity.
It is provided for in article 25 of the UDHR, article 11 of the ICESCR, article 14 of the CEDAW, article 5 of
the CERD, article 27 of the CRC, article 43 of the CMW, and article 28 of the CRPD.
Links to other human rights – The right to adequate housing is linked to the enjoyment of several other
human rights, including the rights to work, health, social security, voting, privacy, and education. For ex-
ample, forced evictions have implications on the right to education, as they often result in the interruption
or cessation of children’s schooling.
Guarantees under the right to adequate housing – The right to adequate housing guarantees
yy protection against forced evictions and the arbitrary destruction and demolition of one’s home;
yy the right to be free from arbitrary interference with one’s home, privacy, and family; and
yy the right to choose one’s residence, determine where to live, and enjoy freedom of movement,
within legitimate and lawful restrictions.

“Guarantee the equal enjoyment of the right to adequate

housing for citizens and noncitizens, especially by avoiding
segregation in housing and ensuring that housing agencies
refrain from engaging in discriminatory practices.”
The UN Committee on the Elimination of Racial Discrimination
General Recommendation No. 30

an introduction to human rights  99

No discrimination or segregation in housing – Non-discrimination and equality are crucial for the enjoy-
ment of the right to adequate housing.
Minimum criteria for the enjoyment of the right to adequate housing – The right to adequate housing
is about more than merely guaranteeing four walls and a roof. For its full enjoyment, the following criteria
must be met:
yy A degree of tenure security is necessary to provide for legal protection against forced evictions,
harassment, and other threats.
yy Services, materials, facilities, and infrastructure must be available. Some examples are access
to safe drinking water, adequate sanitation, and energy for cooking, heating, lighting, food stor-
age, or refuse disposal.
yy The right to participation in housing-related decision-making at the national and community
levels must be respected.
yy Housing must be affordable, so that it doesn’t negatively affect the enjoyment of occupants’
other human rights.
yy Physical safety and adequate space must be guaranteed, as must protection against the cold,
damp, heat, rain, wind, and other threats to health and structural hazards.
yy Housing must be accessible and take the specific needs of disadvantaged and marginalized
groups into account.
yy The location of housing must not be separated from employment opportunities, health-care
services, schools, childcare centres, and other social facilities.
yy The expression of cultural identity in the enjoyment of the right to adequate housing must be
respected.
Forced evictions – Forced evictions are the “permanent or temporary removal against their will of individ-
uals, families and/or communities from the homes and/or land which they occupy, without the provision
of, and access to, appropriate forms of legal or other protection”.1 Forced evictions take place for a variety
of reasons, such as to make way for development and infrastructure projects, urban redevelopment, city
beautification, or prestigious international events; or as a result of conflicts over land rights, armed con-
flicts, or societal patterns of discrimination.2
Safeguards in the case of evictions – The right to adequate housing does not prohibit evictions as such
– but these must take place in a lawful, reasonable, and proportional manner, and in accordance with
international law. Forced evictions tend to be violent, and they disproportionately affect the poor, so it is
important to ensure that certain safeguards are in place:
yy Effective legal recourses and remedies should be available to those who are evicted.
yy Evictions should not lead to homelessness or further vulnerabilities.
yy All feasible alternatives must be explored before carrying out any eviction, so as to avoid, or at
least minimize, the need for force.

1    UN-Habitat, Global Report on Human Settlements 2007: Enhancing Urban Safety and Security (Nairobi, 2007).
2    UN Human Rights Office and UN Habitat Fact Sheet; “The Right to Adequate Housing”.

an introduction to human rights  100

 yy Effective procedural guarantees for those affected by the eviction must be respected. They in-
clude, for example, an opportunity for genuine consultation; availability of information on the
proposed eviction within a reasonable timeframe; or access to legal remedies.3

Reference Material

»» UN Human Rights Office and UN Habitat Fact Sheet; “The Right to Adequate Housing”; http://www.
ohchr.org/Documents/Publications/FS21_rev_1_Housing_en.pdf.

CASE 22: BEN DJAZIA AND BELLILI V. SPAIN (UN COMMITTEE ON ECONOMIC, SOCIAL,
AND CULTURAL RIGHTS, 2017)1

In October 2013, Mr. Mohamed Ben Djazia, Ms. Naouel Bellili, and their two minor children were
evicted from their home in Madrid, Spain. Their private rental contract had expired, and as they
were affected by the economic crisis in Spain at the time, they were unable to pay their rent. Mr. Ben
Djazia applied to the court in Madrid against the eviction order. He had also repeatedly - and unsuc-
cessfully – applied for social housing for over ten years. The Madrid court rejected his claims, and
the family was evicted and left without shelter. He later communicated his case to the UN Commit-
tee on Economic, Social, and Cultural Rights, a procedure provided for under the Optional Protocol
to the ICESCR.
On 20 June 2017, the Committee held that “the authors’ eviction, without a guarantee of alternative
housing by the authorities of the State party as a whole, (…) constituted a violation of their right to
adequate housing.” It highlighted the positive obligations of the state to protect the right to housing
even when an eviction is justified. It further noted that the State had an even greater duty to justify
the outcome because minor children were negatively affected. It also noted that that the “lack of
housing is often the result of structural problems, such as high unemployment or systemic patterns
of social exclusion”, which the authorities must resolve through an appropriate, timely and coordi-
nated response, to the maximum of their available resources.

1   UN CESCR; Mohamed Ben Djazia and Naouel Bellili v. Spain, Communication No. 5/2015, 20 June 2017, UN Doc.
E/C.12/61/D/5/2015.

3    Ibid.

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b) The right to adequate food

Everyone has the right to adequate food. It is an essential part of the right to an adequate standard of
living. It is guaranteed in international human rights law, both as part of the right to an adequate stan-
dard of living and separately. Articles 25 of the UDHR, 11(1) and 11(2) of the ICESCR, 12(2) of the CEDAW,
24(2) as well as 27 (3) of the CRC and 25(f) and 28(1) of the CRPD provide for the right to adequate food.

“The right to adequate food is realized when every man,

woman and child, alone or in community with others, has the
physical and economic access at all times to adequate food or
means for its procurement.”
The UN Committee on Economic, Social, and Cultural Rights
General Comment No. 12

Available, accessible, and adequate food – For everyone to enjoy this right, food must be available,
accessible, and adequate. Under the ICESCR, the State party “undertakes to take steps, individually and
through international assistance and co-operation, especially economic and technical, to the maximum
of its available resources, with a view to achieving progressively the full realization of the rights recognized
in the present Covenant by all appropriate means”. This includes taking steps to progressively realize the
right to food.
According to the Food and Agriculture Organization of the United Nations, the world produces enough
food to feed its entire population. A lack of access to available food, however, leads to hunger and malnu-
trition. There are systemic challenges in accessing available food, not only in developing countries but also
in some of the most economically developed countries. Social exclusion and discrimination are among
the root causes of hunger and malnutrition. The availability, accessibility, and adequacy of food means
yy Available food – Food should be available for all, either through the means of feeding oneself
directly from natural resources, or through well-functioning distribution, processing, and mar-
ket systems that can move food from the site of production to where it is needed.
yy Accessible food – Both economic and physical access to food should be guaranteed. Food
should be affordable (the minimum wage or social benefits should be sufficient to meet the
costs). Food should also be accessible to all, including children, the sick, persons with disabil-
ities, the elderly, people in remote areas, victims of armed conflicts or natural disasters, and
prisoners.
yy Adequate food – The adequacy of food depends on the dietary needs of the individual (based
on age, living conditions, health, etc.), its safety (from adverse substances such as contaminants
from industrial or agricultural processes), and cultural appropriateness (for example, aid con-
taining food that is a religious or cultural taboo for the recipients is not culturally appropriate).

Links to other human rights – Where individuals cannot enjoy their right to adequate food, this may
create further obstacles to their access to other human rights. A lack of access to some human rights may
also negatively impact the enjoyment of the right to adequate food. Some rights that are closely linked to
the right to adequate food are: the rights to health; life; water; adequate housing; information; education;

an introduction to human rights  102

work and social security; freedom of association; taking part in public affairs; freedom from the worst
forms of child labour; or freedom from torture and cruel, inhuman, or degrading treatment or punishment.
For example
yy Hunger and malnutrition negatively affect children’s learning abilities and may force them to
drop out of school. This undermines their enjoyment of the right to education.
yy Individuals, in particular the most marginalized and excluded, should be able to participate
in public policy-making related to food. Therefore, the enjoyment of the right to participate
in public affairs, as well as the freedom of association and assembly are linked to the right to
adequate food. For example, people living in rural areas and facing food insecurity, especially
landless workers such as sharecroppers and agricultural labourers, should be able to partici-
pate in relevant public policy making. 

CASE 23: SERAC AND CESR V. NIGERIA (AFRICAN COMMISSION ON HUMAN AND PEO-
PLE’S RIGHTS)1

The state-owned Nigerian National Petroleum Company is the majority shareholder in a consortium
with Shell Petroleum Development Corporation. Their oil extraction activities have caused a wide
range of human rights violations in Nigeria, in particular against the Ogoni community, which is one
of the indigenous peoples living in southeastern Nigeria, across the Local Government Areas of Kha-
na, Gokana, Eleme, and Tai. In 1996, two NGOs complained to the African Commission on Human
Rights, alleging that the Nigerian Government had “participated in irresponsible oil development
that has poisoned much of the soil and water upon which Ogoni farming and fishing depended (…)
Nigerian security forces have destroyed crops and killed farm animals (…) and made it impossible
for many Ogoni villagers to return to their fields and animals”. They argued that the destruction of
farmlands, rivers, crops, and animals caused malnutrition and starvation.
The Commission held that the Nigerian Government had violated the right to food through the de-
struction of food sources and through allowing private oil companies to destroy food sources, and
that it had thereby created obstacles to Ogoni communities’ access to their right to food.

1   African Commission on Human and People’s Rights; Social and Economic Rights Action Center (SERAC) and
Center for Economic and Social Rights (CESR) v. Nigeria, Communication No. 155/96.

an introduction to human rights  103

c) The right to water

Everyone has the right to sufficient, safe,

acceptable, physically accessible, and af-
fordable water for personal and domes-
tic uses. International human rights law
provides for specific obligations related to
the access to safe drinking water. Accord-
ingly, States must take steps, especially
economic and technical ones, to ensure Special Rapporteur on the human rights to safe drinking water
everyone’s access to a sufficient amount and sanitation: “There is still a long way to go to make this right
a reality for all (…) the proposed Sustainable Development
of safe drinking water for personal and Goals will provide an opportunity to reach this reality.”
domestic use. They must do this either Photo © UNTV

independently or with international assistance and co-operation, to the maximum of their available
resources. This includes water for drinking, personal sanitation, washing of clothes, food preparation,
and personal and household hygiene. States must also protect the quality of drinking-water supplies
and resources.

“The human right to water entitles everyone to sufficient, safe, acceptable,

physically accessible and affordable water for personal and domestic uses. An
adequate amount of safe water is necessary to prevent death from dehydration,
to reduce the risk of water-related disease and to provide for consumption, cook-
ing, personal and domestic hygienic requirements.”
The UN Committee on Economic, Social and Cultural Rights
General Comment No. 15

The right to sanitation – A lack or poor quality of sanitation poses a serious threat to the enjoyment of the
rights to health and housing. The UN Committee on Economic, Social, and Cultural Rights, in its General
Comment no. 15, has stated that ensuring everyone’s access to adequate sanitation is fundamental for
human dignity and privacy, and is one of the principal mechanisms for protecting the quality of drinking
water supplies and resources. States must progressively extend safe sanitation services, taking into ac-
count the needs of women, children, and persons living in rural and deprived urban areas.
Key aspects of the right to water – States have the obligation to progressively achieve the full realization
of the right to water. These are the key measures they must take to guarantee this right:
yy Unlawful pollution of water resources is prohibited. It must be free from microbes and para-
sites, chemical substances, and radiological hazards that pose a threat to a person’s health.
yy Discrimination in access to safe drinking water and sanitation, for example on the basis of land
or housing status, is prohibited. Safe drinking water must be physically accessible and within
safe reach for all, taking into account the needs of particular groups, including persons with dis-
abilities, women, children, and the elderly. It must also be affordable to all, and no one should
be denied access because they cannot afford it.
yy Access to existing water supplies, especially to traditional water sources, must not be interfered with.

an introduction to human rights  104

 yy Personal security when accessing water or sanitation outside the home must be ensured.
yy Access to a minimum amount of safe drinking water to sustain life and health must be ensured.
This includes access to safe drinking water and sanitation in detention.
yy Protection against arbitrary and illegal disconnections must be provided.
yy Everyone must have the opportunity to participate in water and sanitation related decision
making at the national and community levels.

International human rights law – Obligations related to access to safe drinking water and sanitation are
explicit in articles 14(2) of the CEDAW, 5 of the ILO Convention no. 161, 24 and 27(3) of the CRC, and 28 of
the CRPD, and are implicit in a number of other treaties, and can be derived from other obligations related
to the rights to life, adequate housing, education, food, health, work, and cultural life.

CASE 24: WATER AND SANITATION PROJECT IN THE DEMOCRATIC REPUBLIC OF CON-
GO (SOLIDARITÉS INTERNATIONAL)1

Solidarités International, a non-profit humanitarian organization, implemented the project “Wa-

ter and sanitation” in the Democratic Republic of Congo. The project successfully decreased dis-
eases and reduced domestic tasks, by providing water in Beni village through standpipes. Human
rights with a focus on gender-related issues were taken into account in designing the project, which
helped to decrease the number of rapes as women no longer had to go through the forest to reach
water sources where, in the past, they had repeatedly been sexually assaulted.

1   The case study is taken from the European Commission Staff Working Document: A rights based approach, en-
compassing all human rights for EU development cooperation, Brussels, 30.4.2014.

State obligations – The State must take appropriate measures toward the full realization of the right to
water to the maximum of its available resources. It must respect, protect, and fulfil everyone’s right to
water. Some examples are below.

Respect
Do not disconnect an individual’s water supply without respecting due process.

Protect
Where water services are operated or controlled by the private sector, ensure adequate pricing regulation.

Fulfil
Ensure that all persons are progressively connected to a safe drinking water supply.

Reference Material

»» UN Human Rights Office, UN Habitat, UN World Health Organization; Fact Sheet no. 35; “The Right
to Water”; http://www.ohchr.org/Documents/Publications/FactSheet35en.pdf.
»» UN Human Rights Office; Frequently Asked Questions on Economic, Social and Cultural Rights; Fact
Sheet No. 33.

an introduction to human rights  105

d) The right to social security

Everyone has the right to social security, including social insurance. It is provided for in Articles 9 of the
ICESCR and 22 and 25(1) of the UDHR.

“The right to social security encompasses the right to access and maintain
benefits, whether in cash or in kind, without discrimination in order to
secure protection, inter alia, from (a) lack of work-related income caused
by sickness, disability, maternity, employment injury, unemployment, old
age, or death of a family member; (b) unaffordable access to health care;
(c) insufficient family support, particularly for children and adult depen-
dents. Social security, through its redistributive character, plays an import-
ant role in poverty reduction and alleviation, preventing social exclusion
and promoting social inclusion.”
The UN Committee on Economic, Social and Cultural Rights
General Comment No. 19

Key elements of the right to social security – Social security must be available, adequate, affordable,
and accessible:
yy Availability – a social security system that is available and in place to ensure that benefits are
provided for the relevant social risks and contingencies.
yy Adequacy – adequate benefits in an amount and duration to enjoy the rights to family protec-
tion and assistance, an adequate standard of living, and adequate access to health care.
yy Affordability – affordable contribution costs for all (if a social security scheme requires contri-
butions).
yy Accessibility – a social security system that covers all persons, regardless of their ability to
afford or physically access it.

an introduction to human rights  106

14) The rights to work and to just and favorable conditions of work

Everyone has the right to work. This includes the opportunity to gain one’s living by work that is freely
chosen or accepted. The right to work is provided for in articles 23(1) of the UDHR and 6 of the ICESCR.
Everyone has the right to the enjoyment of just and favorable conditions of work. This right is guaran-
teed under article 7 of the ICESCR, and ensures:
yy remuneration, which entails
 fair wages,
 equal remuneration for work of equal value, and
 the ability of workers to afford a decent living for themselves and their families;
yy safe and healthy working conditions;
yy equal opportunity for everyone to be promoted;
yy rest, leisure, and reasonable limits on working hours and periodic holidays with pay, as well as
remuneration for public holidays.
Key elements of the right to work – Employment must be available, accessible, and acceptable.

BOX 46: KEY ELEMENTS OF THE RIGHT TO WORK

yy Availability – specialized services to assist and support individuals in order to enable them to
identify and find available employment.
yy Accessibility – a labour market open to everyone under the jurisdiction of State parties. Ac-
cessibility to the labour market has three dimensions: (a) the prohibition of discrimination in
access to and maintenance of employment; (b) physical accessibility; and (c) the right to seek,
obtain, and impart information on the means of gaining access to employment.
yy Acceptability and quality – the right of the worker to just and favorable conditions of work,
in particular to safe working conditions, the right to form trade unions, and the right to freely
choose and accept work.

State obligations – The State must respect, protect, and fulfil everyone’s right to work. Some examples
are below.

Respect
Do not use forced labour.
Do not deny political opponents work opportunities.

Protect
Ensure that employers, both in the public and in the private sectors, pay the minimum wage.

Fulfil
Provide for technical and vocational guidance and training programmes, policies and techniques.
Undertake educational and informational programmes to promote the enjoyment of the right to work.

an introduction to human rights  107

Reference Material

»» UN Human Rights Office; Frequently Asked Questions on Economic, Social and Cultural Rights; Fact
Sheet No. 33.

CASE 25: ENSURING THE RIGHT OF PERSONS WITH DISABILITIES TO WORK IN MAURI-
TIUS, ANDORRA, PARAGUAY, AND RWANDA1

Discrimination of any kind as to race, colour, sex, language, religion, political or other opinion, na-
tional or social origin, property, birth, or other status in access to and maintenance of employment
is prohibited. In order to tackle discrimination against persons with disabilities, most countries have
legislation providing for a percentage of positions in the public sector for persons with disabilities.
Some countries also have quotas for the private sector.
A Strict quota system provides for schemes in which a person with a disability is treated preferential-
ly irrespective of whether they are as qualified as other applicants.
A Flexible quota system provides for schemes in which an applicant with a disability is treated pref-
erentially only if one has equal merits and qualifications to another applicant.
Mauritius has introduced legislation requiring both public and private sector employers with more
than a certain number of staff to employ a defined percentage of persons with disabilities, and pro-
viding for sanctions for non-compliance. Andorra, Paraguay, and Rwanda have systems of flexible
quotas. Although the quota system may not by itself provide for a comprehensive solution to dis-
crimination against persons with disabilities in employment, it is a positive step toward increasing
their participation in the labour force.

1   Thematic study on the work and employment of persons with Disabilities; Report of the Office of the United
Nations High Commissioner for Human Rights; http://www.ohchr.org/Documents/Issues/Disability/A-HRC-22-25_
en.pdf, p. 10-11.

an introduction to human rights  108

15) The right to health

The World Health Organization (WHO) de-

fines health as “a state of complete physi-
cal, mental and social well-being and not
merely the absence of disease or infirmi-
ty”.1 The right of everyone to the enjoy-
ment of the highest attainable standard
of physical and mental health is a funda-
mental human right guaranteed under in-
ternational human rights law.
A health worker, right, cleans a man’s arm before injecting him
State obligations – The State must take with an Ebola vaccine in Conakry, Guinea, March 7, 2015. Photo
appropriate measures toward the full re- © Youssouf Bah—AP

alization of the right to health to the max-

imum of its available resources. It must respect, protect, and fulfil everyone’s right to health. Some exam-
ples are below.

Respect
Do not deny access to health facilities on a discriminatory basis.

Protect
Control the quality of medicines marketed in the country by either public or private suppliers.

Fulfil
Establish universal vaccination campaigns for children

Key aspects of the right to health – There are key measures to be taken in order to guarantee the right to
the highest attainable standard of physical and mental health:

BOX 47: KEY ASPECTS OF THE RIGHT TO HEALTH

The right to health is an inclusive right. Safe drinking water and adequate sanitation, safe food,
adequate nutrition and housing, healthy working and environmental conditions, health-related ed-
ucation, and information and gender equality all contribute to enjoying the right to health.
The right to health incorporates
yy the right to be free from non-consensual medical treatment, such as medical experiments and
research or forced sterilization;
yy freedom from torture and other cruel, inhuman, or degrading treatment or punishment;

1    Constitution of the World Health Organization, as adopted by the International Health Conference held in New York from
19 June to 22 July 1946, signed on 22 July 1946.

an introduction to human rights  109

 yy the right to a health care system that gives everyone an equal opportunity to enjoy the highest
attainable level of health;
yy the right to prevention, treatment, and control of diseases;
yy access to essential medicines;
yy maternal, child, and reproductive health;
yy equal and timely access to basic health services;
yy the provision of health-related education and information; and
yy participation of the population in health-related decision-making at the national and commu-
nity levels.
Health services, goods, and facilities must be provided to all without any discrimination.
yy All services, goods, and facilities must be
»» available in sufficient quantity;
»» accessible physically, financially, and on the basis of non-discrimination;
»» acceptable with respect to medical ethics, gender, and cultural appropriateness;
»» scientifically and medically appropriate, and of good quality.

CASE 26: THE ASSESSMENT OF FACILITIES TO FULFIL EVERYONE’S RIGHT TO HEALTH

IN ALGERIA1

Dainius Pūras, the UN Special Rapporteur on the right of everyone to enjoy the highest attainable
standard of physical and mental health, visited Algeria from 27 April to 10 May 2016. After his visit, he
shared his end-of-mission statement. He said,
“During the two weeks in the country, I visited various healthcare structures at different levels. The
facilities I visited were in relatively good condition, and services provided seemed adequate. However,
I am aware of studies that show deficiencies in infrastructure and equipment, as well as in the avail-
ability and quality of the health workforce, especially in remote areas, including the study conducted
by the National Human Rights Commission.”

1   Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and
mental health Mr. Dainius Pūras; Country Visit to Algeria, 27 April to 10 May 2016; A/HRC/35/21/Add.1.

Reference Material

»» UN Human Rights Office and World Health Organizations; The Right to Health; Fact Sheet No. 31;
http://www.ohchr.org/Documents/Publications/Factsheet31.pdf.

an introduction to human rights  110

16) The right to education

Everyone has the right to education, which shall be directed to the full development of the human
personality and the sense of its dignity, and shall strengthen the respect for human rights and fun-
damental freedoms. Under international human rights law, primary education shall be compulsory,
available, and free to all; secondary education should be generally available and accessible; and higher
education should be equally accessible to all. Access to secondary and higher education should be
fostered through the progressive introduction of free education. In the Sustainable Development Goals,
the universal right to free, high-quality primary education without discrimination has been expanded
to include secondary education. The right to education is guaranteed under articles 13 and 14 of the
ICESCR, and 28, 29 and 30 of the CRC.
Key aspects of the right to education – The State must ensure that education in all its forms and at all
levels is
yy Available: There are functioning educational institutions and programmes in sufficient quan-
tity. This includes the availability of sanitation facilities, safe drinking water, teaching materials,
etc.
yy Accessible: Educational institutions and programmes should be physically and financially ac-
cessible to everyone, without discrimination.
yy Acceptable: Education, in its form and substance, including curricula and teaching methods
should be of acceptable quality.
yy Adaptable: Education should be flexible enough to adapt to the needs of changing societies
and be able to respond to the needs of students within their diverse social and cultural settings.

UN Photo/Shehzad Noorani

an introduction to human rights  111

 “Education is both a human right in itself and an indispensable
means of realizing other human rights. As an empowerment right, ed-
ucation is the primary vehicle by which economically and socially mar-
ginalized adults and children can lift themselves out of poverty and
obtain the means to participate fully in their communities.”
The UN Committee on Economic, Social, and Cultural Rights
General Comment No. 13

BOX 48: INCLUSIVE EDUCATION

yy Respect for the principles of equality and non-discrimination is essential to enjoying the right to
education. Inclusive education, as opposed to segregated education, provides the same learn-
ing environment for students of diverse backgrounds and abilities.
yy Inclusive education refers to the inclusion of all students into a regular classroom environment.
These may be students with disabilities, older students who have been out of school for some
time, students with different cultural and linguistic backgrounds, or any student who requires
additional support to succeed in the education system.

Reference Material

»» Report of the Special Rapporteur on the right to education (A/72/496)

Key aspects of the right to education – The State must ensure that education in all its forms and at all
levels is

Respect
Respect the liberty of parents to choose schools for their children.

Protect
Ensure that third parties, including parents, do not prevent girls from going to school.

Fulfil
Ensure that education is culturally appropriate for minorities and indigenous peoples.
Ensure that education is of good quality for all.

an introduction to human rights  112

CASE 27: THE RIGHT OF MINORITIES AND TRADITIONAL COMMUNITIES TO EDUCA-
TION IN BRAZIL1

Rita Izsák, former UN Special Rapporteur on minority issues, visited Brazil from 14 to 24 September
2015. Following her visit, she submitted a report to the Human Rights Council, in which she wrote,
“Quilombos and traditional communities are also often lacking access to basic services, such as ed-
ucation, access to health services, sanitation and basic infrastructure, including roads, transport and
communication services. The Special Rapporteur learned that, in some cases, a Quilombo child will
need to walk 5-6 kilometers just to reach the bus stop to travel to school each day, in order then to
travel one hour to school, where she or he will be unable to perform well because of constant fatigue.
In another Quilombo [community] visited, students are only provided two hours of class per day, even
for pupils up to 15 years of age. Few Quilombos have local schools with teachers from their commu-
nities. In view of this, the Special Rapporteur notes that, even if affirmative action programmes exist,
if Afro-Brazilians, including Quilombolas, are unable to better access quality basic education, these
programmes will remain powerless to address inequalities.”

1   Report of the Special Rapporteur on minority issues on her mission to Brazil; A/HRC/31/56/Add.1.

BOX 49: CULTURAL RIGHTS

Cultural rights are guaranteed under articles 27 of the UDHR and 15 of the ICESCR, and include
yy the right to take part in cultural life;
yy the right to enjoy the benefits of scientific progress and its applications;
yy the right to benefit from the protection of moral and material interests resulting from any scien-
tific, literary, or artistic production of which the person is the author; and
yy the right to the freedom that is indispensable for scientific research and creative activity.

an introduction to human rights  113

17) Cultural rights

The UN Committee on Economic, Social, and Cultural Rights describes culture as encompassing,
amongst other things, “ways of life, language, oral and written literature, music and song, non-verbal
communication, religion or belief systems, rites and ceremonies, sport and games, methods of pro-
duction or technology, natural and man-made environments, food, clothing and shelter and the arts,
customs and traditions through which individuals, groups of individuals and communities express their
humanity and the meaning they give to their existence, and build their world view representing their
encounter with the external forces affecting their lives”1.

Descendance (Aboriginal and Torres Strait Islander Dance The-

atre of Australia) performs at a cultural event at UN Headquar-
ters © 2017 UN Photo/Mark Garten

BOX 50: CULTURAL HERITAGE

The right of access to, and the enjoyment of, cultural heritage is essential for the identity and devel-
opment of individuals and communities. The UN Special Rapporteur in the field of cultural rights
writes in her report to the UN Human Rights Council (A/HRC/17/38) that this right includes the right
of individuals and communities to, among other things, “know, understand, enter, visit, make use
of, maintain, exchange and develop cultural heritage, as well as to benefit from the cultural heritage
and the creation of others”. It also includes “the right to participate in the identification, interpreta-
tion and development of cultural heritage, as well as in the design and implementation of preserva-
tion/safeguard policies and programmes”.

Specific groups’ enjoyment of cultural rights – Some groups in society may experience particular chal-
lenges with regard to their enjoyment of cultural rights. This can be the case, for example, with minorities,
indigenous peoples, or migrants. This is why these groups enjoy special protection in international human
rights law.

1    UN CESCR, General Comment no. 21 (2009).

an introduction to human rights  114

 BOX 51: SPECIFIC GROUPS’ ENJOYMENT OF CULTURAL RIGHTS

yy Articles 31, 43, and 45 of the CMW guarantee the cultural rights of migrant workers and their
families.
yy Article 27 of the ICCPR as well as the Declaration on the Rights of Persons Belonging to National
or Ethnic, Religious, and Linguistic Minorities, the Declaration on the Rights of Indigenous Peo-
ples and ILO Convention (no. 169) concerning Indigenous and Tribal Peoples in Independent
Countries guarantee the cultural rights of minorities and indigenous peoples.
yy Article 5(e/vi) of the CERD, 13 of the CEDAW, 31 of the CRC, and 30 of the CRPD also guarantee
the enjoyment of cultural rights.

Limitation to the right to take part in cultural life – States may, and in some cases must, apply limita-
tions to the right to take part in cultural life. Such limitations must pursue a legitimate aim, be compatible
with the nature of the right, be strictly necessary in a democratic society, and be proportionate to the aim
pursued. States must apply limitations to customs and traditions that infringe human rights. Cultural di-
versity cannot be invoked to infringe human rights guaranteed by international law, or to limit their scope.

CASE 28: FEMALE GENITAL MUTILATION IN GUINEA1

Female genital mutilation is a harmful traditional practice. It is one of the most widespread and
systematic violations of human rights and an abuse of millions of women’s and girls’ physical and
psychological integrity. Such harmful traditional practices that infringe human rights are not pro-
tected under the right to take part in cultural life, even though the protection of cultural traditions is
sometimes wrongly used as a justification for this practice.
In April 2016, the UN Human Rights Office released a report saying that, despite being forbidden by
national and international law, female genital mutilation and/or excision is on the rise in Guinea.
The findings indicate that 97% of women and girls aged 15 to 49 years in Guinea have undergone
female genital mutilation and/or excision.

1   UN Human Rights Office; Rapport sur les droits humains et la pratique des mutilations génitales féminines/
excision en Guinée; Avril 2016; http://www.ohchr.org/Documents/Countries/GN/ReportGenitalMutilationGuin-
ea_FR.pdf.

“Culture shapes and mirrors the values of well-being and the

economic, social and political life of individuals, groups of indi-
viduals and communities.”
The UN Committee on Economic, Social, and Cultural Rights
General Comment No. 13

an introduction to human rights  115

Part IV:
Human Rights Protection
of Specific Groups

an introduction to human rights  116

Everyone is equally entitled to the enjoyment of their rights, without discrimination on prohibited
grounds, such as race, colour, sex, language, religion, political or other opinion, national or social origin,
property, birth, or other status. However, people around the world continue to be excluded, marginal-
ized, distinguished, and restricted in the exercise of their rights.
Some persons and groups face multiple forms of discrimination. For example, the marginalisation
of Roma children may stem from their ethnicity, socio-economic status, and age combined; female
pensioners may face discrimination both on the grounds of age and sex. The combination of several
grounds of discrimination is known as intersectionality, and it calls for a holistic approach when ad-
dressing discrimination.
Part IV focuses on the human rights protection of specific groups who may suffer discrimination or ex-
clusion. Neither the groups listed below nor the references to the human rights instruments that protect
their rights are exhaustive.

an introduction to human rights  117

1) Women

Women’s human rights – For social, economic, political, cultural, legal, or religious reasons, women may
face additional barriers compared to men in accessing their human rights.
“Sex” and “gender” – The term “gender” refers to socially constructed identities, attributes, and roles for
women and men, while “sex” refers to biological differences.
Gender-based discrimination – States have specific obligations to eliminate discrimination against
women in political, social, economic, and cultural fields. The term “discrimination against women” means
difference in treatment on the basis of sex, which
yy intentionally or unintentionally disadvantages women,
yy prevents society from recognizing women’s rights in both private and public spheres, and
yy prevents women from exercising their human rights.

“(…) The term ‘discrimination against women’ shall mean

any distinction, exclusion or restriction made on the basis
of sex which has the effect or purpose of impairing or nul-
lifying the recognition, enjoyment or exercise by women,
irrespective of their marital status, on a basis of equality of
men and women, of human rights and fundamental free-
doms in the political, economic, social, cultural, civil or any
other field.”
Article 1 of the Convention on the Elimination of All Forms of Dis-
crimination against Women

State obligations – The State must respect, protect, and fulfil the human rights of women. Some exam-
ples are below:

Respect
Do not compel women to be sterilised as part of a population reduction policy.

Protect
Ensure that girls are not forced to marry.
Ensure women victims of gender-based violence are protected and can seek redress.

Fulfil
Tackle gender stereotypes through educational and awareness-raising activities

an introduction to human rights  118

Gender stereotypes – A gender stereotype is a generalized view or preconception about attributes or
characteristics that are or ought to be possessed by, or the roles that are or should be performed by, wom-
en and men. It is harmful when it limits women’s and men’s capacity to develop their lives and make life
decisions or choices. A gender stereotype can be both positive (for example, “mothers are more caring
than fathers”) and negative (for example, “women are irrational”). International human rights law obliges
States to eliminate discrimination against women and men in all areas of their lives. This includes elimi-
nating harmful and wrongful gender stereotypes.

BOX 52: THE PROHIBITION OF DISCRIMINATION AGAINST WOMEN IN

INTERNATIONAL LAW

In order to guarantee that women have equal access to rights with men, the UDHR, the ICCPR and
the ICESCR provide for the prohibition of discrimination, including on the basis of sex. Furthermore,
States have signed the Convention on the Elimination of All Forms of Discrimination against
Women (CEDAW) and committed themselves to take all appropriate measures to ensure women’s
exercise and enjoyment of human rights.

CASE 31: REVIEW OF URUGUAY BY THE CEDAW COMMITTEE1

The CEDAW Committee reviewed Uruguay in 2016. In its concluding observations, the Committee
welcomed the measures taken by Uruguay to eliminate discriminatory gender stereotypes, includ-
ing legislation to combat discrimination against LGBT and intersex persons.
However, the Committee was concerned about
yy patriarchal attitudes and discriminatory stereotypes about the roles and responsibilities of
women and men in the family and in society, which perpetuate violence and discrimination
against women in areas such as education, employment and health;
yy the widespread use of gender stereotypes in the media; and
yy the racism, prejudice, and social exclusion suffered by Uruguayan women of African descent.

The Committee recommended that the State party

yy develop a comprehensive strategy to overcome patriarchal and gender-based stereotypical at-
titudes,
yy build the capacity of public and private media employees on gender equality in order to pre-
vent discriminatory gender stereotypes in the media, and
yy design national strategies aimed at raising awareness about discrimination against Uruguayan
women of African descent and address the stigma against women on the basis of intersecting
forms of discrimination.

1   CEDAW Committee Concluding Observations on Uruguay; CEDAW/C/URY/CO/8-9.

an introduction to human rights  119

Gender-based violence – Gender-based violence against women is a result of structural, deep-rooted
discrimination and inequality and is a human rights violation. Addressing gender-based violence against
women is a legal obligation.
yy The CEDAW Committee asserted in its
General Recommendation No. 19 that
violence against women is a form of
discrimination and in its General Rec-
ommendation No. 35 that the prohibi-
tion of gender-based violence against
women has evolved into a principle of
customary international law, binding
all States.1
yy Gender-based violence in forms such The Independent International Commission of Inquiry on the Syrian
as rape, sexual assault and humilia- Arab Republic issued its report: “I lost my dignity”: Sexual and gen-
der-based violence in the Syrian Arab Republic.
tion, or domestic violence, may also Photo: Syrian women react as they flee their homes in the village of Tal
Aswad, 5km north of the town of Afrin © Nazeer al-Khatib AFP
amount to torture or cruel, inhuman,
and degrading treatment. It causes
severe physical and mental trauma, and States have the obligation to protect victims and to
prohibit and prevent such violent acts.
yy Sexual and gender-based violence is also often used as a tactic of war in conflict situations, as
well as in post-conflict societies, due to the general break down of the rule of law. For conflict
situations, international humanitarian law states that women must be protected from sexual
violence, which may constitute an international crime.

“The term ‘violence against women’ means any act of gen-

der-based violence that results in, or is likely to result in,
physical, sexual or psychological harm or suffering to women,
including threats of such acts, coercion or arbitrary depriva-
tion of liberty, whether occurring in public or in private life.”
UN Declaration on the Elimination of Violence against Women

BOX 53: SEXUAL AND REPRODUCTIVE HEALTH RIGHTS

The sexual and reproductive health of women is linked to multiple human rights, including the right to
life, the right to be free from torture, the right to health, the right to privacy, the right to education, and
the prohibition of discrimination. States have the obligation to respect, protect, and fulfil rights related to
women’s sexual and reproductive health. However, women still face violations of their sexual and repro-
ductive health rights in forms including denial of access to services, subjecting women’s access to ser-
vices to third party authorization, forced sterilization, forced virginity examinations, and forced abortion.

1    CEDAW Committee General Comment No. 19, CEDAW/C/GC/19; CEDAW Committee General Comment No. 35, CEDAW/C/
GC/35.

an introduction to human rights  120

 BOX 54: WOMEN AND LAND, PROPERTY, AND HOUSING

Women’s rights to access to and control over land, housing, and property are essential to women’s
equality and wellbeing. It is especially significant in rural economies, and in terms of women’s eco-
nomic security, physical safety, and their children’s daily survival. In reality, women disproportion-
ately lack security of tenure for reasons such as discriminatory legislation or cultural and religious
practices, including registration of property in a man’s name (the father, husband, or brother). States
must take all appropriate measures to address discrimination against women in access to and con-
trol over land, housing, and property.

Reference Material

»» UN Human Rights Office and UN Women; “Realizing Women’s Rights to Land and Other Productive
Resources; 2013; http://www.ohchr.org/Documents/Publications/RealizingWomensRightsto-
Land.pdf.
»» UN Human Rights Office, “Women’s Rights are Human Rights”, New York and Geneva 2014, http://
www.ohchr.org/Documents/Events/WHRD/WomenRightsAreHR.pdf
»» UN Human Rights Office, Report: Gender Stereotyping as a Human Rights Violation; http://www.
ohchr.org/Documents/Issues/Women/WRGS/2013-Gender-Stereotyping-as-HR-Violation.docx

CASE 32: NAMIBIA’S COMMUNAL LAND REFORM1

yy In Namibia, women’s access to land has primarily been through their husbands, fathers, or oth-
er male relatives. The Communal Land Reform Act of 2002 removed barriers preventing gender
equality in the allocation of communal land. In 2007, the Legal Assistance Centre conducted a
study and interviewed some traditional leaders, who reported a rising trend in applications for
land from single women.
yy The study found that the applicants were mainly women over the age of fifty, as younger wom-
en were unaware of their rights and faced other obstacles, including cultural and socioeco-
nomic hurdles. For example, some traditional leaders refused to allocate land to single women,
claiming that they remain in their parents’ household until they marry and that allowing young,
single women to establish their own household “might encourage violence or prostitution, as
lots of single men would be likely to visit them”. The study also noted that in some regions,
women were particularly encouraged to claim land rights by both the community land board
and local traditional authorities.

1   UN Human Rights Office and UN Women; “Realizing Women’s Rights to Land and Other Productive Resources;
2013; http://www.ohchr.org/Documents/Publications/RealizingWomensRightstoLand.pdf; p. 22.

an introduction to human rights  121

CASE 32: NAMIBIA’S COMMUNAL LAND REFORM

HUMAN RIGHTS SDGS

Which rights are relevant to Namibia’s Communal How can ensuring women’s access to and control
Land Reform? over land, housing, and property advance the real-
ization of the SDGs? Consider the SDG targets and
indicators.

yy Women’s rights yy SDG 5: Achieve gender equality

yy Right to property  Target 5.A. Undertake reforms to give
yy Right to equality and non-discrimination women equal rights to economic re-
sources, as well as access to ownership
and control over land and other forms
of property, financial services, inheri-
tance, and natural resources, in accor-
dance with national laws.

an introduction to human rights  122

2) Children

The Convention on the Rights of the Child (CRC) applies to all children, defined as anyone under
eighteen years of age. Every child shall enjoy the protection of the Convention regardless of their gen-
der, nationality, social origin, religion, disability, or other status. For example, States shall not discrim-
inate in their laws and policies and grant protection to national children but not to migrant children.
Children as rights-holders – Children are entitled to all human rights. Respect for the dignity, life, surviv-
al, wellbeing, health, development, participation, and non-discrimination of the child as a rights-holder
should be ensured. Children are entitled to special safeguards and care, including appropriate legal pro-
tection. The CRC Committee makes it clear in General Comment No. 7 that all children, irrespective of their
age, are rights-holders, rather than “objects” in need of assistance.

BOX 55: THE PRINCIPLE OF THE BEST INTEREST OF THE CHILD

yy A right: The right of the child to have their best interests assessed and made a primary consid-
eration when other interests are also considered in reaching a decision on the issue at stake;
and the guarantee that this right will be implemented whenever a decision is made concerning
a child.
yy A principle: If a law is open to more than one interpretation, the interpretation that most effec-
tively serves the child’s best interests should be chosen.
yy A rule of procedure: Assessing and determining the best interests of the child requires proce-
dural guarantees. Decision-making processes that will affect children must include an evalua-
tion of the possible impacts. Justification of a decision must show that the best interest of the
child has been taken into account.

Best interest of the child – The best interests of children must be the primary concern in making de-
cisions that may affect them. As provided in Article 3 of the CRC, this applies to all decisions affecting
children made by public or private social welfare institutions, courts of law, administrative authorities,
legislative bodies, or parents. The CRC Committee underlines that the child’s best interest is a threefold
concept: a right, a principle, and a rule of procedure:1
Family environment and alternative care – The family is the natural environment for the growth, well-be-
ing and protection of children. Children should be enabled to remain in or return to the care of their par-
ents, or when appropriate, other close family members or guardians; furthermore, the State should ensure
that families have access to forms of support.
yy Alternative care: Where the child’s own family is unable to provide adequate care for the child,
or abandons them, the State is responsible for protecting the rights of the child and ensur-
ing appropriate alternative care. This can be done with or through competent local authorities
and duly authorized civil society organizations. The State should ensure children have a stable
home where their basic needs can be met, including a safe and continuous attachment to their

1    CRC Committee; General comment No. 14 (2013) on the right of the child to have his or her best interests taken as a pri-
mary consideration; CRC/C/GC/14.

an introduction to human rights  123

 caregivers. States should also progressively eliminate the institutionalization of children (plac-
ing them in large residential care facilities), in line with the UN Guidelines on the Alternative
Care of Children2.

Inclusive education: The UN Human Rights

Office, with financial assistance from the
European Union, enabled the creation of a
network of parents of children with disabilities
in Moldova, to help achieve inclusive education
for their children with disabilities, in conformity
with international law.
Photo: Daria Pavlovschi (on the left) is now in
the mainstream education system in Moldova.
© Photo: OHCHR\ClaudeCahn

Respect for the views of the child – Children have the right to a say in decisions affecting them and to
have their opinions taken into account. This right is guaranteed under Article 12 of the CRC. Children’s
ability to form and express their opinions develops with age. The level of a child’s participation in decisions
must therefore be appropriate to the child’s level of maturity.
Protection from exploitation, violence, and abuse – Children have the right to be protected from vi-
olence, and from both physical and mental harm. This includes protection of children from abuse and
exploitation by their families, caregivers, and teachers.
yy Forms of violence: Millions of children worldwide suffer violence, exploitation, and abuse ev-
ery day. They are subjected to sexual abuse and exploitation, armed violence, trafficking, child
labour, gender-based violence, bullying, cyber-bullying, gang violence, female genital mutila-
tion, child marriage, physically and emotionally violent discipline, and other harmful practices.
yy Vulnerabilities: Some children are particularly vulnerable because of their gender, race, ethnic
origin, socio-economic status, or disability. Orphaned children and those living in institutions
and detention are more exposed to violence. Natural disasters, armed conflict, and displace-
ment may expose children to additional risks.

Children make up over 40 percent of the 13.1

million people in Syria that require life-saving
assistance, pointed out Panos Moumtzis,
UN Regional Humanitarian Coordinator for the
Syria Crisis

Photo: A group of children gather near a UN

car in Douma, Syria. 15 March 2018 © EPA-EFE\
MohammedBadra

2    Guidelines for the Alternative Care of Children; UN General Assembly; 24 February 2010, A/RES/64/142.

an introduction to human rights  124

BOX 56: ADVANCING THE REALIZATION OF THE SDGS FOR CHILDREN AFFECTED BY
ARMED CONFLICT

yy Conflict disproportionately affects children and disrupts their enjoyment of their various rights.
They are displaced and forced to leave their homes and are often directly targeted by armed
forces or groups. Conflict has negative consequences on children’s health and nutrition. Many
children do not have access to education due to attacks on, or military use of, schools.
yy These circumstances create a direct challenge to the realization of the SDGs in countries affect-
ed by conflict. This includes ensuring healthy lives and promoting wellbeing for all at all
ages (SDG 3), ensuring quality education for all children (SDG 4), and promoting peaceful
and inclusive societies for sustainable development (SDG 16).
yy The Convention on the Rights of the Child obliges States to respect, protect, and fulfil the civil,
political, economic, social, health, and cultural rights of children. Regarding children in armed
conflict, the Convention on the Rights of the Child as well as the African Charter on the Rights
and Welfare of the Child provide for the State’s obligation to respect the rules of international
humanitarian law relevant to the child. Children enjoy special protection under internation-
al humanitarian law, in particular in the Geneva Conventions and their Additional Protocols.
Respect for the rules of international humanitarian law includes protection from assaults in-
cluding rape and other forms of sexual violence, the obligation to provide aid and care, and the
prohibition of attacks against schools. The United Nations International Children’s Emergency
Fund (UNICEF) works to advance the right of every child to safe shelter, nutrition, protection
from disaster and conflicts, and equality, with a focus on the most disadvantaged children.

an introduction to human rights  125

BOX 57: HOW DOES ADVANCING THE REALIZATION OF THE SDGS LINK TO THE SITUA-
TION OF CHILD SOLDIERS?

yy The recruitment and use of children during conflict is a violation of international human rights
law and international humanitarian law. The Convention on the Rights of the Child as well as
the African Charter on the Rights and Welfare of the Child stipulate that States are obliged to
respect the rules of international humanitarian law relevant to the child. This includes the pro-
hibition of recruiting and using children in armed conflicts. Forced or compulsory recruitment
of children for use in armed conflict is also considered among the worst forms of child labour
and is prohibited under the ILO Convention on the Worst Forms of Child Labour.
yy The recruitment and use of children during conflict also constitutes a major challenge for the
realization of the SDGs for ensuring healthy lives and promoting wellbeing for all at all ages
(SDG 3); ensuring quality education for all children (SDG 4); promoting economic growth, em-
ployment, and decent work for all (SDG 8); and promoting peaceful and inclusive societies for
sustainable development (SDG 16).

CASE 33: REINTEGRATION OF CHILD SOLDIERS

IN CENTRAL AFRICAN REPUBLIC

Reintegration of child soldiers into society is a difficult challenge. On 16 June 2007,

UNICEF, the Government of Central African Republic, and the Assembly of the Union
of Democratic Forces rebel group signed an agreement to support the reintegration of
child soldiers. The priorities of the agreement were to help children catch up on edu-
cation they had missed; to deliver health care; and to provide recreational activities,
enhanced protection, and security. Targeting local communities also helped them to
understand the experiences and behaviour of child combatants.

yy Under the Optional Protocol to the Convention on the Rights of the Child on the involvement of
children in armed conflict, States have the obligation not to recruit or use children during con-
flict and to prevent such recruitment by non-State armed groups. However, tens of thousands
of children are recruited and used as soldiers in armed conflicts around the world. They may
be abducted and beaten into submission, or they may have joined military groups for reasons
such as escaping poverty, seeking revenge after witnessing atrocities against their families, or
defending their communities. In this manner, poverty is both a root cause for children’s involve-
ment in conflict and a consequence of conflict. The Special Representative of the UN Secre-
tary-General for Children and Armed Conflict has pointed to a lack of progress in the realization
of SDGs as a root cause behind the involvement of children in conflicts.

an introduction to human rights  126

3) Persons with disabilities

Disability is not a condition inherent in the person. It is not, for example, a medical condition that re-
quires the person to be in a wheelchair or to take medication. According to the Convention on the Rights
of Persons with Disabilities, disability results from the interaction between an individual’s personal con-
dition (such as being in a wheelchair or having a visual impairment) and environmental factors (such
as inaccessible buildings or negative attitudes). Combined, these factors lead to disability and affect
people’s participation in society.

CASE A

Having an
intellectual im-
pairment (personal
factor)

+
Exclusion from
society and denial of Disability
the right to vote
A
belief in the
community that
persons with intel-
lectual disabilities lack
the capacity to vote
(environmental
factor)

CASE B

Being in a
wheelchair
(personal factor)

Participation

+
in the community Little or no
on the same terms as disability
someone who is not
in a wheelchair
Living in a
city with accessible
environment (environ-
mental factor)

an introduction to human rights  127

Personal factors – Personal factors are multilayered. They can be both
yy physical factors: gender, ethnicity, size, weight, impairment (physical, visual, hearing, intellec-
tual, mental), etc.; and
yy socioeconomic factors: wealth, class, education level, etc.
Environmental factors – Environmental factors relate to
yy accessibility: hilly or flat cities, accessibility of buildings (ramps, toilets, braille signs etc.), ac-
cessible information (websites, documents in easy-to-read formats), accessible public trans-
port, etc.;
yy legal/policy issues: existence of protections from discrimination on the basis of disability, or
policies that explicitly refer to disability rights, etc.;
yy socioeconomic factors: rural/urban society, rich/poor society, positive community awareness
of disability, openness of society to change, etc.; and
yy services: inclusive services or segregated services (health, education, youth centres), commu-
nity-based rehabilitation services, social support services, affordability of services, etc.

BOX 58: PERSONAL AND ENVIRONMENTAL FACTORS AND DISABILITY

Personal and environmental factors can exacerbate disability or alleviate it:

yy Someone with a physical impairment who is wealthy might be able to access tertiary education
and thus find a job. This might increase participation in society and alleviate disability to an
extent. (Personal factor alleviating disability to an extent.)
yy A school might be made accessible by including ramp access. (Environmental factor alleviating
disability to an extent.) However, if public transport to the school is not accessible, a child with
a physical impairment will not be able to make it to school. (Environmental factor exacerbating
disability.)

Reference Material

»» UN Human Rights Office; the CRPD Training Guide; Professional Training Series No. 19; http://www.
ohchr.org/Documents/Publications/CRPD_TrainingGuide_PTS19_EN%20Accessible.pdf.

an introduction to human rights  128

Approaches to disability – There are charity based, medical, social, and human rights- based approaches
to disability. These approaches influence how disability is perceived, how persons with disabilities are
treated, and the kind of measures taken against discrimination on the basis of disability.

Charity approach

yy Persons with disabilities are treated as passive objects, rather than as empowered individuals with rights.
yy It is often combined with the medical approach. For example, charity houses, homes, foundations and
religious institutions will often support medical institutions.

Medical approach

yy The focus is on the person’s impairment.

yy Persons with disabilites are treated as patients.
yy Their needs and rights are absorbed into or identified with the medical treatment provided to (or im-
posed on) them.
yy If complete rehabilitation is not possible, they will remain in institutions and will not be able to partici-
pate in society.
yy The responsilibity lies with the medical sector and the State, which usually represent the interests of
persons with disabilities (i.e. “their patients”).

Social approach

yy Disability is the consequence of the interaction of the individual with an environment that does not ac-
commodate his/her differences, which impedes his/her participation in society.
yy The person is at the centre, rather than his/her impairment. The values and rights of persons with dis-
abilities are recognized.
yy The responsiblity lays with the State and the society.
yy Persons with disabilities are empowered, in control of their lives and enjoy full participation on an equal
basis with others. The burden of disability is not on them but on society.

Human rights based approach

yy This approach builds on the social approach and is driven by human dignity and freedom. Persons with
disabilities are subjects of rights. The State is the duty-bearer with responsibilities to respect, protect
and fulfil these rights.
yy It seeks to assist people to help themselves so that they can participate in society, in education, at the
workplace, in political and cultural life, and defend their rights through accessing justice.

BOX 59: ADOPTING A HUMAN RIGHTS-BASED APPROACH TO DISABILITY: ENSURING

THE RIGHT TO VOTE OF PERSONS WITH VISUAL IMPAIRMENTS

A person with visual impairment has the same right to vote as anyone else in society. However, in
order for them to exercise this right, the voting material should be in an accessible format such as
Braille, or they should be allowed to take a trusted individual into the voting booth to help indicate
their preferred candidate. Otherwise, the person with visual impairment cannot vote.
A human rights approach to disability recognizes the lack of accessible voting material and the in-
ability to have assistance in voting as discriminatory. The State must ensure that such discriminato-
ry barriers are removed. If not, the person should be able to make an official complaint.

an introduction to human rights  129

General principles of the CRPD – The Convention on the Rights of Persons with Disabilities puts forward
general principles for the protection of the rights of persons with disabilities in its article 3.

BOX 60: GENERAL PRINCIPLES OF THE CRPD

yy Respect for inherent dignity, individual autonomy including the freedom to make one’s own
choices, and independence of persons
yy Non-discrimination
yy Full and effective participation and inclusion in society
yy Respect for difference and acceptance of persons with disabilities as part of human diversity
and humanity
yy Equality of opportunity
yy Accessibility
yy Equality between men and women
yy Respect for the evolving capacities of children with disabilities and respect for the right of chil-
dren with disabilities to preserve their identities

Discrimination against persons with disabilities – All human rights treaties uphold the principle of
non-discrimination, including on the basis of disability. This principle is also the basis for the Convention
on the Rights of Persons with Disabilities. Persons with disabilities face discrimination and barriers that
restrict them from participating daily in society on an equal basis with others.
yy Discrimination against persons with disabilities particularly affects their inclusion in the gener-
al school system, employment, ability to live
independently in the community, freedom
of movement, right to vote, participation in
sport and cultural activities, enjoyment of
social protection, right of access to justice,
right to choose medical treatment, and right
to enter freely into legal commitments such
as buying and selling property.
yy Persons with disabilities living in developing
countries are often marginalized and forced Photo © COE
to live in extreme poverty.

Respect for the dignity of the person – Persons with disabilities have a right to dignity like everyone else.
This means that their experiences and opinions should be valued and formed without fear of physical,
psychological, or emotional harm. They must be protected against exploitation, violence, and abuse, in-
cluding practices such as the forced sterilization of women and girls.
Autonomy in choice – Persons with disabilities have the right to their individual autonomy. This means
being in charge of one’s own life and having the freedom to make one’s own choices, with minimum inter-
ference in their private lives and with adequate support if required.
Full and effective participation and inclusion – The organization of society, both in its public and private
dimensions, should enable all people to take part fully and effectively. Persons with disabilities should be
recognized as equal participants and should, for example, be able to participate in processes and deci-
sions that affect their lives.

an introduction to human rights  130

 CASE 29: ENSURING THE RIGHT TO SANITATION OF PERSONS WITH DISABILITIES IN
NEPAL1

Background: About 2.9 million people live in Nepal; approximately 10% of the Nepalese population
lives with some form of impairment. Nepalese law guarantees the protection and promotion of their
rights, including special provisions regarding health, education, and social security. However, rele-
vant policies are not always implemented, and conventional attempts to increase the coverage of
sanitation continue to marginalize persons with disabilities and exclude their needs.
Project: After studying the barriers to the use of latrines faced by persons with disabilities, Water
Aid-Nepal partner NEWAH embarked on the “Sanitation Access for Disabled People Project” in Ba-
glung district, addressing the different barriers identified:
yy The programme supported families in addressing environmental barriers, adapting latrine
designs to make them more accessible in a manner suited to the terrain and local culture.
yy District level workshops involving persons with disabilities, their families, and other stake-
holders resulted in a District Disabled Support Committee under the leadership of the District
Development Committee, to provide institutional support for programmes targeting disabled
persons.
yy Other advocacy activities have helped make the district, the village development committees,
and other stakeholders more sensitive to the needs of disabled people.
yy Workshops and media coverage of disability issues have also increased awareness among
the public, influencing national policy and programmes.
yy Despite the progress, more work is still needed to increase awareness, monitor services, and
adapt sanitation designs.

1   UN Human Rights Office and UN Women; “Realizing Women’s Rights to Land and Other Productive Resources;
2013; http://www.ohchr.org/Documents/Publications/RealizingWomensRightstoLand.pdf; p. 22.

HUMAN RIGHTS SDGS

The project concerns human rights of persons How do challenges faced by people with disabili-
with disabilities. Which rights are of particular ties in accessing water and sanitation relate to the
concern? realization of the SDGs? Consider the SDG targets
and indicators.

yy Right to equality and non-discrimination yy SDG 6: Ensure clean water and sanitation
yy Right of all persons with disabilities to live yy SDG 10: Reduce inequality
in the community yy SDG 11: Make cities inclusive and sustain-
yy Right to health able
yy Right to adequate housing
yy Right to water
yy Right to sanitation

an introduction to human rights  131

4) Migrants, refugees, internally displaced persons, and stateless
persons

Migrants, migrant workers, refugees, asylum-seekers, internally displaced persons, stateless persons,
trafficked persons, and other non-citizens are all entitled to the enjoyment of their human rights irre-
spective of their administrative status.
International migration – There is no formal legal definition of an international migrant.
Who are migrant workers? – According to the International Convention on the Protection of the Rights
of All Migrant Workers and Members of Their Families, the term migrant worker refers to a person who is
to be engaged, is engaged, or has been engaged in a remunerated activity in a State of which he or she is
not a national.
Who are internally displaced persons? – Internally displaced persons are persons who have been forced
to flee their homes and settle elsewhere for various reasons, including internal conflicts and natural di-
sasters, but who in so doing do not cross an international border. Therefore, they are still subject to the
jurisdiction of their State’s government. They seek safety in nearby towns, schools, settlements, internal
camps, and even forests and fields. Countries with some of the largest internally displaced populations are
Colombia, Iraq, and South Sudan.
Who are stateless persons? – The Universal Declaration of Human Rights underlines that “Everyone has
the right to a nationality”. Citizenship is the legal bond between a government and an individual, and an
enabler (rather than a pre-requisite) for the enjoyment of human rights. A stateless person, however, is
not considered a national by any State under the operation of its law. A person can become stateless for a
variety of reasons, including through sovereign, legal, technical, or administrative decisions or oversights1.
Who are refugees and asylum-seekers? – A
refugee is someone who has left their country
of origin and is unable or unwilling to return
there because of a serious threat to their life or
freedom, such as conflict or persecution.2 Ref-
ugees are entitled to protection from forcible
return to their country of origin (the principle of
non-refoulement) and have other rights and du-
ties, including, but not limited to, those set out
in the UN Convention relating to the Status Photo: Migrants wait at border between Greece and the former Yugoslav
of Refugees (the 1951 Refugee Convention). Republic of Macedonia (FYROM) ©EPA/GeorgiLicovski

An asylum-seeker is someone who is seeking

international refugee protection or is waiting to receive a final decision on their claim. Not every asy-
lum-seeker will be recognized as a refugee. However, no asylum-seeker can be sent back to their country
of origin until their asylum claim has been examined in a fair procedure and with respect to human rights.
Non-refoulement – The principle of non-refoulement means that no one should be returned to a country
where they face serious threats to their life and where there is a real risk of torture, or cruel, inhuman, or

1    See the UN Convention relating to the Status of Stateless Persons; adopted on 28 September 1954.
2    See Article 1 of the UN Convention relating to the Status of Refugees; adopted on 28 July 1951.

an introduction to human rights  132

degrading treatment or punishment. This principle is contained both in international human rights law
and refugee law.3 It applies to everyone, including persons who have not claimed asylum.
Human rights obligations and commitments – Under international law, States must respect, protect,
and fulfil the human rights of migrants. Some examples of how to ensure compliance with international
human rights law, in particular with the UDHR, the ICCPR, the ICESCR, the CAT, the CRC, and the CMW, are
listed below.

BOX 61: RESPECT FOR THE PRINCIPLE OF NON-REFOULEMENT AND DUE PROCESS
RIGHTS

The UN Committee Against Torture provides for authoritative guidance in its General Comment No.
4 on the implementation of the principle of non-refoulement. Accordingly, respect for the principle
of non-refoulement also entails respecting the right of each person concerned to
yy have their case examined individually;
yy have access to a lawyer;
yy have access to free legal aid where necessary;
yy have access to information regarding the proceedings in a language they understand;
yy be referred to an independent medical examination where there is an allegation of previous
torture; and
yy enjoy the right of appeal against a deportation order to an independent administrative and/or
judicial body, along with the suspensive effect of its enforcement.

Medical approach

yy Do not arbitrarily detain migrants.

yy Do not detain children on the basis of their immigration status or that of their parents.
yy Refrain from collective expulsion of migrants.

Social approach

yy Regulate recruitment agencies.

yy Sanction employers abusing migrants and exploiting their labour.
yy Protect migrants from violence and abuse by smugglers.

Human rights based approach

yy Consult migrants in the development of relevant public policy.

yy Introduce human rights-based alternatives to immigration detention.
yy Ensure migrants’ safe and adequate access to justice, healthcare, education, housing, and other basic
services.

an introduction to human rights  133

 “We reaffirm and will fully protect the human rights of all refugees
and migrants, regardless of status; all are rights-holders.”
The New York Declaration for Refugees and Migrants

BOX 62: THE GLOBAL COMPACT ON SAFE, REGULAR, AND ORDERLY MIGRATION

The Global Compact for Migration is the first-ever UN global agreement on a common approach to
international migration in all its dimensions. The global compact is non-legally binding. It is ground-
ed in values of state sovereignty, responsibility-sharing, non-discrimination, and human rights, and
it recognizes that a cooperative approach is needed to optimize the overall benefits of migration,
while addressing its risks and challenges for individuals and communities in countries of origin,
transit, and destination. The global compact comprises twenty-three objectives for better managing
migration at local, national, regional, and global levels.

HUMAN RIGHTS

International human rights law requires States to International human rights law
protect the civil, political, economic, social and yy Universal Declaration of Human Rights
cultural rights of all individuals within their territo- yy 9 core treaties
ry and subject to their jurisdiction, irrespective of
nationality, place of residence, sex, gender iden-
tity, sexual orientation, national or ethnic origin,
colour, religion, language, migration status, eco-
nomic position or any other status.

REFUGEE PROTECTION

Protection under international refugee law ap- International refugee law

plies to persons who meet the refugee definition yy UN Refugee Convention and its 1967 Protocol
under international, regional, or domestic laws, or
under the mandate of the UN High Commissioner
for Refugees.

HUMANITARIAN PROTECTION

Protection under international humanitarian law International humanitarian law

applies to situations of international and non-in- yy Geneva Conventions and their Additional
ternatonal armed conflict. Protocols

an introduction to human rights  134

Respect for the right to life:
Migrants and refugees face particular risks to their lives, including en route at sea or at desert. States
and NGOs, in cooperation with international organizations, conduct search and rescue operations to
save the lives of migrants.

Respect for the right to liberty

Depriving persons of their liberty must be a measure of last resort, and never arbitrary. States should resort
to less coercive measures and put in place human rights-based alternatives to detention that allow for
asylum seekers, refugees and migrants to reside in the community while their migration status is being
resolved or while awaiting removal from the country. Children should never be deprived of their liberty for
reasons related to their (or their parents’) migration status as it is never in their best interests.

Prohibition of slavery
Migrants and refugees face serious risks of exploitation as free labour and are vulnerable to trafficking and
other forms of contemporary slavery.

Prohibition of torture and other cruel, inhuman or degrading treatment or punishment

Migrants and refugees are often subjected to such treatment by State officials, smugglers and traffickers,
other migrants and refugees, or others

Respect for due process rights in proceedings

This includes respect for the right of each person concerned to have their case examined individually; to
have access to a lawyer, to free legal aid where necessary and to information regarding the proceedings in
a language they understand; to enjoy the right of appeal against decisions related to immigration proceed-
ings with the suspensive effect of its enforcement.

Respect for the principle of non-refoulement

No one should be returned to a country where they face serious threats to their life and where there is a real
risk of torture, or cruel, inhuman or degrading treatment or punishment.

Ensuring the right to an adequate life and access to education, health, housing, and other basic
services for all without discrimination
No one should be denied access to public services that are fundamental for their well-being and
development. However, there may exist in practice certain legal, administrative, economic, or other
barriers in migrants’ access to such services. They may not be aware of their right to access to services,
may lack resources, or may be afraid of approaching public service providers for reasons such as fear
of their immigration status.

Respect for the right to life:

Migrants and refugees face particular risks to their lives, including en route at sea or at desert. States
and NGOs, in cooperation with international organizations, conduct search and rescue operations to
save the lives of migrants.

Ensuring access to justice and complaint mechanisms

Migrants should have access to effective remedies against violations of their rights, including against vio-
lence, crimes and labour exploitation, without fearing arrest, detention and deportation when they make
contact with the police or official authorities.

an introduction to human rights  135

Migrants in Vulnerable Situations – The vulnerable situations that migrants face can arise from a range
of factors that may intersect or co-exist, influencing and exacerbating each other and also evolving or
changing over time as circumstances change. Migrants in vulnerable situations have particular human
rights protection needs. For example, children in migration, particularly those who are not accompanied
by family members, are especially vulnerable, and therefore States must ensure their special protection

VULNERABLE SITUATIONS CAN BE ASSOCIATED WITH

The reasons for leaving the country of origin yy A lack of access to the rights to education,
health, decent work, or food and water
yy Environmental degradation

Situations that migrants encounter during yy A victim of human smuggling

their journey and at destination yy A victim of sexual and gender-based violence
en route

A person’s identity, condition or circumstances yy A person living in poverty

yy A person living with HIV
yy A pregnant or nursing woman

Human rights-based governance of migration – Migration can be a positive and empowering experi-
ence. However, the lack of human rights-based systems of migration governance at the global, regional,
and national level has created a human rights crisis for migrants. This is the case at borders and in the
territory of countries of transit and destination. A security-based approach, which prioritizes restrictive
measures including systematic use of deprivation of liberty and criminalization of border-crossings, is
proven to be harmful. On the other hand, both migrants and the host communities benefit from a human
rights-based approach. This includes putting migrants and their rights at the core of migration governance
on a non-discriminatory basis, monitoring and assessing the human rights impacts of related policies,
ensuring accountability, empowering migrants and allowing for their participation in policy-making that
affects them, sensitizing the host communities and working towards social cohesion, as well as inclusion
and integration.

Reference Material

»» United Nations; Global Compact on Safe, Orderly and Regular Migration; https://refugeesmigrants.
un.org/migration-compact
»» UN Human Rights Office; The Economic, Social, and Cultural Rights of migrants in an irregular situa-
tion; New York and Geneva 2014; http://www.ohchr.org/Documents/Publications/HR-PUB-14-1_
en.pdf.
»» UN Human Rights Office; Recommended Principles and Guidelines on Human Rights at Interna-
tional Borders; http://www.ohchr.org/Documents/Issues/Migration/OHCHR_Recommended_
Principles_Guidelines.pdf.
»» UN Human Rights Office; Migrants in transit; http://www.ohchr.org/EN/Issues/Migration/Pages/
Migrantsintransit.aspx.
»» Global Migration Group; Principles and Guidelines, supported by practical guidance, on the human

an introduction to human rights  136

 rights protection of migrants in vulnerable situation; http://www.ohchr.org/EN/Issues/Migration/
Pages/VulnerableSituations.aspx.
»» UN Human Rights Office; Migration and Human Rights: improving human rights-based governance
of international migration; http://www.ohchr.org/Documents/Issues/Migration/MigrationHR_
improvingHR_Report.pdf.

CASE 30: UNDOCUMENTED CHILDREN’S ACCESS TO EDUCATION IN GERMANY1

Background: Migrants in an irregular situation are entitled to the enjoyment of human rights and
fundamental freedoms like everyone else. However, they face legal, administrative, practical, and
various other barriers to accessing their rights. This includes barriers to accessing essential services
and to reporting abuse or exploitation to the authorities.
For example, when undocumented migrants become victims of crimes, they may refrain
from reporting the crime to the police, for fear that it would lead to their being reported to the immi-
gration authorities, detained, and deported. Undocumented workers may not report exploitation at
the work place. Undocumented children may not be able to attend school. Undocumented patients
may not go to hospital. This creates a significant gap in their human rights protection.
Firewalls: Implementing a firewall means clearly separating access to services and justice from
immigration law enforcement. It is an essential measure, among others, to ensure safe access to
essential services. The European Commission against Racism and Intolerance (ECRI) defines fire-
walls as a way to “prevent, both in law and practice, state and private sector actors from effectively
denying human rights to irregularly present migrants by clearly prohibiting the sharing of personal
data of, or other information about, migrants suspected of irregular presence or work with the im-
migration authorities for the purpose of immigration control and enforcement.”2
Firewalls in German municipalities: Several municipalities in Germany, including Frankfurt, Ham-
burg, and Munich have lifted the obligation to report to the authorities when irregularly present
migrant children attend school. This applies to staff working in the education sector.

1   Sergio Carrera and Joanna Parkin, Protecting and Delivering Fundamental Rights of Irregular Migrants at Local
and Regional Levels in the European Union; Centre for European Policy Studies, 2011.
2    The Council of Europe; The European Commission against Racism and Intolerance (ECRI) general policy rec-
ommendation no. 16 on safeguarding irregularly present migrants from discrimination adopted on 16 March 2016.

HUMAN RIGHTS SDGS

Which human rights are impacted by the imple- How does implementing firewalls in the educa-
mentation of firewalls in the education sector? tion sector advance the realization of the SDGs?
Consider the SDG targets and indicators.

yy Rights of the child yy SDG 4: Ensure quality education

yy Right to education yy SDG 10: Reduce inequality
yy Right to equality and non-discrimination

an introduction to human rights  137

5) Human rights defenders

A human rights defender is a person who acts to address human rights issues on behalf of individuals
or groups. They support a whole range of human rights, from the rights to life, food and water; to the
rights to the highest attainable standard of health, adequate housing, and education; to the right to
non-discrimination.

BOX 63: HUMAN RIGHTS DEFENDERS

Human rights defenders

yy promote and protect human rights for all;
yy defend human rights at national, regional, and international levels;
yy collect and disseminate information on human rights violations;
yy support victims of human rights violations;
yy work to secure accountability and to end impunity;
yy support better governance and government policy; and
yy contribute to the implementation of human rights treaties.

BOX 64: THE UN SPECIAL RAPPORTEUR ON THE SITUATION OF HUMAN RIGHTS DE-
FENDERS

The mandate on the situation of human rights defenders was established by the UN Human Rights
Council in 2000 to support the implementation of the UN Declaration on human rights defenders.

The right to defend human rights

“Everyone has the right, individually and in association with

others, to promote and to strive for the protection and realization
of human rights and fundamental freedoms at the national and
international levels.”
Article 1 of the UN Declaration on human rights defenders

an introduction to human rights  138

 BOX 65: THE UN DECLARATION ON HUMAN RIGHTS DEFENDERS

The UN Declaration on human rights defenders provides for a list of rights and protections accorded
to human rights defenders. It includes the following rights and protections:
yy to seek the protection and realization of human rights at national and international levels;
yy to conduct human rights work individually and in association with others;
yy to form associations and non-governmental organizations;
yy to meet or assemble peacefully;
yy to seek, obtain, receive, and hold information relating to human rights;
yy to develop and discuss new human rights ideas and principles, and to advocate their accep-
tance;
yy to submit to governmental bodies, agencies, and organizations concerned with public affairs
criticism proposals for improving their systems, and to draw attention to any aspect of their
work that may impede the realization of human rights;
yy to make complaints about official policies and acts related to human rights, and to have such
complaints reviewed;
yy to offer and provide professionally qualified legal assistance or other advice and assistance in
defense of human rights;
yy to attend public hearings, proceedings, and trials in order to assess their compliance with na-
tional law and international human rights obligations;
yy to have unhindered access to and communication with non-governmental and intergovern-
mental organizations;
yy to benefit from an effective remedy;
yy to lawfully exercise the occupation or profession of human rights defender;
yy to have effective protection under national law in reacting against or peacefully opposing acts
or omissions attributable to the State that result in violations of human rights; and
yy to solicit, receive, and utilize resources for the purpose of protecting human rights (including
the receipt of funds from abroad).

Human rights challenges faced by human rights defenders – Human rights defenders face widespread
challenges to their enjoyment of human rights, in particular to their rights to life; freedom from torture
and other forms of ill-treatment; and freedom of expression, assembly, and association. In some re-
gions of the world they are targeted by State authorities, paramilitary groups, multinational corporations,
violent extremists, and many others. A systematic and coordinated strategy of defamation, criminalization,
and violence aims to intimidate, marginalize, and silence them.

an introduction to human rights  139

 BOX 66: HUMAN RIGHTS CHALLENGES FACED BY HUMAN RIGHTS DEFENDERS

yy Countless human rights defenders have been the victims of killings as a direct response to their
human rights work.
yy Death threats are used widely as a means of threatening and intimidating them into stopping
their work.
yy They are sometimes kidnapped and beaten during their captivity. Military personnel, police,
and security force officials have subjected them to torture. Arbitrary arrest and detention are
common, and are most often conducted without arrest warrants and in the absence of any
official charge.
yy They are often subjected to criminal or other charges leading to prosecution and conviction.
yy Harassment of human rights defenders is commonplace and often goes unreported.
yy They are sometimes targeted in defamation campaigns, with slanderous allegations that attack
their integrity and morals appearing in State-controlled or State-influenced media.
yy Policies, legislation, and procedures described as “security” measures are sometimes applied
in such a way as to restrict the work of human rights defenders, and such measures sometimes
target the defenders themselves.
yy In addition to violations targeting individuals, in some States, there are clear trends illustrating
a strategy to restrict the environment in which human rights defenders operate; tactics include
closing down organizations, cutting sources of funding, delaying or not registering human rights
organizations, obstructing their meetings, and preventing them from travelling to investigate
human rights concerns.
yy Their offices and/or homes are often the subject of attacks, burglary, and unauthorized searches.

State duties and responsibilities – The UN Declaration on human rights defenders provides that State
parties must protect, promote, and implement all human rights. To protect and promote the human rights
of rights-defenders, States should
yy ensure that there are no legislative obstacles to the work of human rights defenders, including
to access to funding; their independence; or their rights to freedom of association, assembly,
and expression;
yy ensure that there is a strong, independent, well-resourced mechanism (such as a national hu-
man rights commission) that can receive information from human rights defenders on viola-
tions they are addressing in their work or violations targeting them personally;
yy ensure that human rights defenders benefit from the full protection of the judiciary and that vi-
olations committed against them are promptly and fully investigated, with appropriate redress
being provided;
yy emphasize the role and responsibilities of local government authorities in supporting and pro-
tecting human rights defenders;
yy reflect the concerns of human rights defenders working in other countries in foreign policy
and international trade actions; and provide support to defenders fleeing persecution in other
countries by facilitating their entry into the State and temporary residence; and
yy provide human rights training to security officials, including the police, and ensure that they are
supportive of the role of human rights defenders and of their rights.

an introduction to human rights  140

Reference Material

»» UN Human Rights Office; Fact Sheet No. 29; “Human Rights Defenders: Protecting the Right to De-
fend Human Rights” http://www.ohchr.org/Documents/Publications/FactSheet29en.pdf.

CASE 34: “CITIES OF REFUGE”: SHELTERING PERSECUTED WRITERS AND ARTISTS1

In some regions of the world, writers and artists are subjected to systematic censorship, harass-
ment, imprisonment, and even killings, because of their work. The International Cities of Refuge
Network (ICORN) is an independent organization of cities and regions that offer shelter to writers
and artists who are at risk.
A city of refuge protects and promotes the rights of writers and artists by
yy arranging for the relocation and reception of the writer/artist to the city;
yy facilitating a legal status for the writer/artist;
yy providing the writer/artist and their family with appropriate accommodation;
yy providing the writer/artist with an appropriate scholarship/grant for their period of stay; and
yy helping the writer/artist to integrate with the local community, both socially and artistically/
professionally.
There are more than sixty cities of refuge that promote the freedom of expression and host writers
and artists at risk, in Africa, Asia, Europe, Oceania, and the Americas.

Basim Mardan from Iraq:

“My work in an NGO that promoted democracy and hu-

man rights, my work as a translator/interpreter with the
local government, and finally my name in Al-Qaida hit
list and their threatening messages and phone calls were
actually the reasons why I felt like I should abandon the
ship and seek help somewhere else. Friends from the lit-
erary circles, and family members encouraged me to escape the country, but I did not have any idea
about how to do it. In 2005, I started corresponding with the International PEN, and after a long and
complicated process (…) I was finally able to pack up my bags and leave the battle field.”

1   International Cities of Refuge Network; https://icorn.org.

HUMAN RIGHTS SDGS

Which human rights are impacted by the imple- How does implementing firewalls in the educa-
mentation of firewalls in the education sector? tion sector advance the realization of the SDGs?
Consider the SDG targets and indicators.

yy Rights of the child yy SDG 4: Ensure quality education

yy Right to education yy SDG 10: Reduce inequality
yy Right to equality and non-discrimination

an introduction to human rights  141

6) National, ethnic, religious, and linguistic minorities

Article 27 of the ICCPR as well as the United Nations Declaration on the Rights of Persons belonging
to National or Ethnic, Religious, and Linguistic Minorities provide for the rights of national or ethnic,
religious, or linguistic minorities. The International Convention on the Elimination of All Forms of Ra-
cial Discrimination also safeguards minorities’ rights, prohibiting “any distinction, exclusion, restriction
or preference based on race, colour, descent, or national or ethnic origin which has the purpose or effect
of nullifying or impairing the recognition, enjoyment or exercise, on an equal footing, of human rights and
fundamental freedoms in the political, economic, social, cultural or any other field of public life”.
The question of which group may or may not be considered a minority under international human rights
law is a difficult one as there are various aspects of minority status. The minority identity may be based on
national, ethnic, cultural, religious, and linguistic identities collectively enjoyed by groups composed of a
certain number of individuals. There are both objective factors (such as the existence of a shared ethnicity,
language, or religion) and subjective factors (including the need for individuals to identify themselves as
members of a minority) that contribute to an understanding of what a minority is.
Protecting and promoting minority rights – Major concerns related to minority rights include
yy survival and existence of minority communities,
yy promotion and protection of their identity,
yy equality and non-discrimination, and
yy effective and meaningful participation.

“We affirm that the ethnic, cultural, linguistic and reli-

gious identity of minorities, where they exist, must be pro-
tected and that persons belonging to such minorities should
be treated equally and enjoy their human rights and fun-
damental freedoms without discrimination of any kind”
The Durban Declaration (para. 66)

Survival and existence of minority communities – The physical existence of persons belonging to mi-
norities must be protected. This also includes their protection from genocide and crimes against human-
ity. Their existence, through enjoying a group identity, also requires respect for and protection of their
religious and cultural heritage.
Promotion and protection of their identity – Promoting and protecting the identity of minority groups
helps to prevent forced assimilation and the loss of cultures, religions, and languages. Diversity and plural
identities must be respected, and positive actions must be taken to promote and protect cultural, reli-
gious, and linguistic diversity.
Equality and non-discrimination – The right not to be discriminated against is essential in protecting the
rights of persons belonging to minorities. Minorities in all regions of the world experience discrimination
in their daily lives. To overcome past discrimination or address persisting inequalities, special measures

an introduction to human rights  142

(also known as “affirmative measures” or “affirmative/positive action”) should be adopted in favour of
certain groups, both in law and practice. Effective and meaningful participation – Effective, rather than
merely symbolic, participation of persons belonging to minorities in public affairs and in all aspects of the
political, economic, social, and cultural life of the country where they live must be ensured. This is essen-
tial to preserving their identity and combatting social exclusion. States should put in place mechanisms
for minority representation in public institutions, such as in national parliaments and the civil service sec-
tor, including the police and the judiciary.

“State Parties shall, when the circumstances so warrant,

take (…) special and concrete measures to ensure the ade-
quate development and protection of certain racial groups
or individuals belonging to them, for the purpose of guar-
anteeing them the full and equal enjoyment of human
rights and fundamental freedoms.”
Article 2 of the Convention on the Elimination of
All Forms of Racial Discrimination

Reference Material

»» UN Human Rights Office, Minority Rights: International Standards and Guidance for Implemen-
tation, New York and Geneva 2010, http://www.ohchr.org/Documents/Publications/Minority-
Rights_en.pdf.

an introduction to human rights  143

 CASE 35: INSCHOOL PROJECT BY THE EUROPEAN COMMISSION AND THE COUNCIL
OF EUROPE: “INCLUSIVE SCHOOLS: MAKING A DIFFERENCE FOR ROMA CHILDREN”1

Background: Roma children are often victims of discrimination in schools. They face segregation,
by being grouped together either in separate classrooms, away from other children, or in entirely
different schools. They face discrimination by their peers, teachers, and the administration. System-
ic discrimination against Roma children in school leads to isolation and high dropout rates.
Project: In 2017, The European Commission and the Council of Europe began implementing a new
joint project called “INSCHOOL”, on “Inclusive schools: making a difference for Roma children”. Tar-
get schools are in the Czech Republic, Hungary, Romania, Slovak Republic, and the United King-
dom. The project aims at closing the implementation gap between policy documents and actual
change in Roma children’s lives. The schools have to re-examine what they teach, how they teach,
and how they assess learners’ performance. The project targets the education system and its capac-
ity to respond to the needs of Roma children.
The project consists of four outcomes:
yy setting up support mechanisms and resources for pilot inclusive schools,
yy providing support to teachers to help them practice inclusive teaching,
yy supporting the removal of barriers affecting vulnerable groups, including through legislative
changes in the targeted countries, and
yy raising awareness of the benefits of inclusive education for the general public as well as for
decision makers.

1   Council of Europe and European Union, Inclusive schools: making a difference for Roma children, https://pjp-eu.
coe.int/en/web/inclusive-education-for-roma-children/about-the-project.

“State Parties shall, when the circumstances so warrant, take (…) spe-
cial and concrete measures to ensure the adequate development and
protection of certain racial groups or individuals belonging to them, for
the purpose of guaranteeing them the full and equal enjoyment of human
rights and fundamental freedoms.”
The UN Committee on the Elimination of All Forms of Racial Discrimination
General Recommendation No. 27

HUMAN RIGHTS SDGS

yy The project concerns human rights of yy How do challenges faced by Roma girls
Roma children. Which rights are of partic- and boys in accessing education relate to
ular concern? the realization of the SDGs? Consider the
SDG targets and indicators.

yy Right to equality and non-discrimination yy SDG 4: Ensure quality education

yy Right to education yy SDG 5: Achieve gender equality
yy SDG 10: Reduce inequality

an introduction to human rights  144

7) Indigenous peoples

Indigenous peoples live in all regions of the world. Although there is no universally established definition,
the following criteria are helpful in determining who indigenous people are:

yy self-identification;
yy historical continuity with pre-invasion and/or pre-colonial societies that
developed in their territories;
yy distinctiveness;
yy non-dominance;
yy a determination to preserve, develop, and transmit to future generations
their ancestral territories and identity as a people in accordance with
their own cultural patterns, social institutions, and legal system;
yy a strong link to territories and surrounding natural resources;
yy distinct social, economic, or political systems; and
yy distinct language, culture, and beliefs.

Human rights protection of indigenous peoples – Indigenous peoples are equally entitled to protection
of their human rights on a non-discriminatory basis under international human rights law. The United
Nations Declaration on the Rights of In-
digenous Peoples, adopted by the United
Nations General Assembly on 13 Septem-
ber 2007, addresses some (but not all) of
the specific human rights challenges faced
by indigenous peoples. Development relat-
ed activities or the extraction of resources
by States or private entities such as corpo-
rations puts pressure on their lands, territo-
ries, and resources, giving rise to countless
Nepalese indigenous women from the Gurung community
human rights challenges for indigenous
Photo © EPA/NarendraShrestha
peoples. The International Convention
on the Elimination of All Forms of Racial
Discrimination also safeguards indigenous peoples’ rights, prohibiting “any distinction, exclusion, restric-
tion or preference based on race, colour, descent, or national or ethnic origin which has the purpose or
effect of nullifying or impairing the recognition, enjoyment or exercise, on an equal footing, of human
rights and fundamental freedoms in the political, economic, social, cultural or any other field of public life”.
Major gaps continue to exist in all parts of the world in terms of indigenous peoples’ enjoyment of the full
range of human rights.
Self-determination – Indigenous peoples have the right to self-determination, which entails the right to
freely determine their political status and freely pursue their economic, social, and cultural development.
This does not mean, however, that indigenous peoples have the right to establish their political units, i.e.
states or administrative regions.

an introduction to human rights  145

Rights to lands, territories, and resources – Indigenous peoples’ relationship to their lands, territories,
and resources is a defining feature. They have particular collective rights to their lands, territories, and
resources, including to those traditionally held by them but now controlled by others.

“The close ties of indigenous people with the land must be recognized and un-
derstood as the fundamental basis of their cultures, their spiritual life, their
integrity, and their economic survival. For indigenous communities, relations to
the land are not merely a matter of possession and production but a material
and spiritual element which they must fully enjoy, even to preserve their cultural
legacy and transmit it to future generations.”
The Inter-American Court of Human Rights
The case of the Mayagna Awas Tingni Community v. Nicaragua

Reference Material

»» UN Human Rights Office; “Indigenous Peoples and the United Nations Human Rights System”; Fact
Sheet No.9; http://www.ohchr.org/Documents/Publications/fs9Rev.2.pdf

an introduction to human rights  146

8) Persons of African descent

As a legacy of both colonialism and the transatlantic slave trade, which existed from the 16th to the 19th
centuries and displaced millions of Africans, racism, racial discrimination, xenophobia, and related in-
tolerance against persons of African descent still persist today. Not only descendants of the transatlantic
slave trade, but those who have more recently migrated to the Americas, Europe, Asia, and within Africa
itself, suffer racial discrimination as well.

“(…) We recognize that people of African descent have for centuries been victims
of racism, racial discrimination and enslavement and of the denial by history of
many of their rights, and assert that they should be treated with fairness and
respect for their dignity and should not suffer discrimination of any kind.”

“(…) We recognize that in many parts of the world, Africans and people of
African descent face barriers as a result of social biases and discrimination pre-
vailing in public and private institutions and express our commitment to work
towards the eradication of all forms of racism, racial discrimination, xenophobia
and related intolerance faced by Africans and people of African descent.”
The Durban Declaration and Programme of Action

International human rights framework – All persons of African descent shall enjoy, in equality and with-
out discrimination, all human rights and fundamental freedoms. Their enjoyment of human rights, like
everyone else’s, is safeguarded by international law and standards.

BOX 67: INTERNATIONAL HUMAN RIGHTS INSTRUMENTS RELATED TO THE PROHIBI-

TION OF RACIAL DISCRIMINATION AGAINST PERSONS OF AFRICAN DESCENT

Key international human rights instruments related to the prohibition of racial discrimination
against persons of African descent are
yy The International Convention on the Elimination of All Forms of Racial Discrimination (ICERD);
yy General recommendation No. 34 of the Committee on the Elimination of Racial Discrimination on
racial discrimination faced by people of African descent;
yy Documents of the UN Working Group of Experts on People of African Descent;
yy The Durban Declaration and Programme of Action and the Durban Review Conference Outcome
Document; and
yy The Inter-American Convention against Racism, Racial Discrimination, and Related Forms of In-
tolerance.

an introduction to human rights  147

Human rights situation of persons of African descent – Persons of African descent continue to face a
variety of human rights issues today:

yy structural and institutional racial discrimination, xenophobia, and relat-

ed intolerance;
yy inequality, marginalization, and stigmatization;
yy low levels of participation and underrepresentation in political and insti-
tutional decision-making processes;
yy a lack of adequate representation in the administration of justice;
yy barriers to and inequality in the enjoyment of key human rights such as
access to quality education, health services, and housing, which results
in the intergenerational transmission of poverty;
yy inequality in access to labour markets;
yy disproportionate presence in prison populations;
yy racial profiling;
yy limited social recognition and undervaluing of people of African de-
scent’s ethnic and cultural diversity and their contribution to society; and
yy intolerance of religions of African origin.

Reference Material

»» UN Human Rights Office; “People of African Descent”; http://www.un.org/en/events/african-

descentdecade/assets/pdf/PAD-final%20for%20NY.pdf.

an introduction to human rights  148

State duties and responsibilities
States should ensure that people of African descent have the full enjoyment of all human rights and
fundamental freedoms. They should, among other things

Adopt national legal frameworks and policies

yy Adopt and strengthen national legal frameworks and policies on human rights of people of African
descent.
yy Take special measures and affirmative actions to promote full and effective equality for people of
African descent.

Ensure equality before the law

yy Ensure equality before the law, notably in the enjoyment of the right to equal treatment in the adminis-
tration of justice, including before the tribunals.

Prohibit racial profiling

yy Design, implement and enforce effective measures to eliminate “racial profiling”.

Realize the right to development

yy Adopt or increase the effectiveness of legislation that prohibits all discriminatory practice in employ-
ment and the labour market.

Realize the right to education

yy Adopt or increase the effectiveness of legislation that prohibits all discriminatory practice in employ-
ment and the labour market.

Prohibit discrimination in employment and the labour market

yy Adopt or increase the effectiveness of legislation that prohibits all discriminatory practice in employ-
ment and the labour market.

Sensitize the society

yy Increase their visibility by ensuring the collection of disaggregated data and research.
yy Sensitize the wider society about their human rights, culture and contribution to the development of
societies and their history.

an introduction to human rights  149

9) Lesbian, gay, bisexual, transgender, and intersex persons

What is sexual orientation? – Heterosexual persons are attracted to individuals of a different sex from
themselves. Gay and lesbian persons are attracted to individuals of the same sex as themselves. Bisexual
persons may be attracted to individuals of the same or different sex.
What is gender identity? –A person’s gender identity is often consistent with the biological sex assigned
at birth. For transgender people, there is an inconsistency between their sense of their own gender and
the sex they were assigned at birth. Some transgender people seek surgery or take hormones to bring their
body into alignment with their gender identity; others do not.
Who are intersex persons? – An intersex
person is born with sexual anatomy, repro-
ductive organs, and/or chromosome pat-
terns that do not fit the typical definition
of male or female. This may be apparent at
birth or become so later in life. An intersex
person may identify as male or female or
as neither, and can have any sexual orien-
An activist waves a rainbow flag, an international symbol for the rights of gay,
tation or gender identity. lesbian, bisexual and transgender people. © Flickr/See-ming Lee

BOX 68: HOMOPHOBIA, BIPHOBIA, AND TRANSPHOBIA

yy Homophobia is an irrational fear of, hatred, or aversion to lesbian and gay people. Biphobia and
transphobia refer to these attitudes to bisexual and transgender people respectively. They are
forms of prejudice and stigma.

State obligations to protect the human rights of LGBT and intersex persons – The Universal Declara-
tion of Human Rights states that “all human beings are born free and equal in dignity and rights”. Lesbian,
gay, bisexual, transgender, and intersex persons, like everybody else, are entitled to human rights protec-
tion provided for in international law. However, their human rights situation remains a matter of concern
in many parts of the world.
To address these issues, States are encouraged to take steps to, among other things
yy protect LGBT and intersex persons from hate-motivated violence committed by State officials,
as well as by private individuals when authorities know or should know that there is an immi-
nent threat to the person’s life or limb;
yy where such violence occurs, conduct effective investigation and prosecution in cases where
State authorities, individuals, or other entities may be responsible; and treat homophobia and
transphobia as aggravating factors for the purposes of sentencing;
yy prevent torture and cruel, inhuman, and degrading treatment or punishment against LGBT and
intersex persons;
yy ensure that the law does not discriminate against LGBT and intersex persons, for example by

an introduction to human rights  150

 criminalizing consensual, same-sex relationships or the expression of gender identity;
yy tackle discrimination based on sexual orientation and gender identity; and
yy guarantee the enjoyment of human rights by LGBT and intersex persons, including the freedom
of expression, association, and peaceful assembly.

CASE 36: DIAL 100 HOTLINE IN BRAZIL FOR REPORTING VIOLENCE

AGAINST LGBT PERSONS1

Dial 100 is a 24-hour hotline service provided by the Brazilian Human Rights Secretariat (SDH) for
members of the public to report instances of violence, discrimination, and other human rights viola-
tions. In 2011, the service established a specific hotline module for reporting violence and discrim-
ination against LGBT people. In 2012, SDH received 3,084 reports of violence against LGBT people
and more than 9,900 reports of general rights violations related to the LGBT population – an in-
crease compared with previous years.

Reported violations predominantly related to gay men and lesbians. However, the report also high-
lighted the invisibility of the trans population in violence statistics – a significant challenge, particu-
larly given the number of trans women being killed in Brazil, a pattern documented by civil society
organizations.

During the 2014 São Paolo Gay Pride Parade, the President of Brazil encouraged people to use the
hotline to report human rights violations. This type of initiative provides a visible and accessible
alternative platform for members of the LGBT population, who may be reluctant to reveal their iden-
tity or engage directly with law enforcement officers, to obtain information and report homophobic
or transphobic crimes.

1   United Nations; “Living Free and Equal”; http://www.ohchr.org/Documents/Publications/LivingFreeAndEqual.

pdf, p. 37.

Reference Material

»» United Nations; “Living Free and Equal”; http://www.ohchr.org/Documents/Publications/Living-

FreeAndEqual.pdf.

an introduction to human rights  151

10) Older persons

Older persons are not a homogenous group, and they face a variety of challenges to the enjoyment of
their human rights. Some may continue to lead active lives as part of their community, while many oth-
ers face homelessness, lack of adequate care, or isolation.

BOX 69: HUMAN RIGHTS CHALLENGES FACED BY OLDER PERSONS

Older persons are entitled to protection and enjoyment of their human rights like everybody else.
However, in practice, they face some challenges, mainly
yy discrimination, often on multiple grounds, such as age-related discrimination combined with
discrimination based on gender, socio-economic status, ethnicity, or health status;
yy poverty, characterized by homelessness, malnutrition, unattended chronic diseases, lack of ac-
cess to safe drinking water and sanitation, unaffordable medicines and treatments, and income
insecurity;
yy violence and abuse, including physical, emotional, and sexual, as well as financial exploitation;
and
yy a lack or insufficiency of specific measures and services, resources, and facilities.

Adopting a human rights-based approach – As the global population is ageing, a variety of challeng-
es emerge, which require strategies at the national and global levels. All such questions should be ap-
proached from a human rights perspective, in developed and developing countries alike.1 Identifying the
challenges older people face to enjoying human rights is central to these efforts.
UN Principles for Older Persons – International obligations to older persons are implicit in most core
human rights treaties, including the ICCPR, the ICESCR, the CEDAW, and the CRPD. Furthermore, the UN
Principles for Older Persons provide for the following principles for Governments to incorporate into their
national programmes: independence, participation, care, self-fulfillment, and dignity.

1    Report of the Secretary-General to the General Assembly; Follow-up to the Second World Assembly on Ageing; A/66/173.

an introduction to human rights  152

 BOX 70: THE UN PRINCIPLES FOR OLDER PERSONS

The UN General Assembly adopted the United Nations Principles for Older Persons on 16 December
1991 (resolution 46/91). Accordingly, States should incorporate the following principles relating to
human rights of older persons, into their national programmes:
yy Independence: Older persons should be able to enjoy independent access to adequate food,
water, shelter, clothing, and healthcare through the provision of income, family, and communi-
ty support and self-help. They should have access to educational programmes and the oppor-
tunity to work. An environment that is safe and adaptable should be made available.
yy Participation: Older persons should remain integrated in society and participate actively in the
formulation and implementation of policies that directly affect their well-being. They should be
able to enjoy their freedom of association.
yy Care: They should benefit from family and community care and protection and have access to
healthcare and to social and legal services to enhance their autonomy, protection, and care.
yy Self-fulfilment: They should be able to pursue opportunities for the full development of their
potential with access to the educational, cultural, spiritual, and recreational resources of soci-
ety.
yy Dignity: They should be able to live in dignity and security and be free of exploitation and phys-
ical or mental abuse.

Photo by Bruno Aguirre on Unsplash

an introduction to human rights  153

 CASE 37: THE ENJOYMENT OF HUMAN RIGHTS BY OLDER PERSONS IN GEORGIA1

Ms. Rosa Kornfeld-Matte, the UN Independent Expert on the enjoyment of all human rights by older
persons, visited Georgia to assess the human rights situation of older persons in that country. Fol-
lowing her mission, she said there were reports that various forms of violence against and abuse of
older persons, including by family members, occurred frequently, and she called on the Govern-
ment to improve detection and prevention.

She said many older persons remained among the persistent poor. She said, “I welcome the Gov-
ernment’s recognition that the current pension is insufficient, but I am concerned that the proposed
pension reform misses key elements of solidarity and may not effectively address the risk of old-age
poverty, particularly among women.”

The Independent Expert welcomed the recent adoption of the National Action Plan for the imple-
mentation of the State Policy Concept on Population Ageing in Georgia as a step toward transform-
ing the main policy directions into concrete actions for older persons.

1   The UN Independent Expert on the enjoyment of all human rights by older persons; “Inclusiveness of older
persons in Georgia must be a priority”; Tblisi 22 March 2018; http://www.ohchr.org/EN/NewsEvents/Pages/Dis-
playNews.aspx?NewsID=22881&LangID=E.

HUMAN RIGHTS SDGS

The Independent Expert assessed the human How do the human rights challenges faced by
rights situation of older persons in Georgia. Which older persons in Georgia relate to the realization
rights are of concern in her assessment? of the SDGs? Consider the SDG targets and indi-
cators.

yy Right to freedom from torture and other yy SDG 1: End poverty

cruel, inhuman, or degrading treatment yy SDG 3: Ensure healthy lives
yy Right to equality and non-discrimination yy SDG 5: Achieve gender equality
yy Right to an adequate life yy SDG 10: Reduce inequality
yy Right to food
yy Right to water and sanitation
yy Women’s rights

an introduction to human rights  154

11) Youth

Youth is a time of transition – from childhood to adulthood, and from dependence to the independence
of adulthood. The United Nations, for statistical purposes, defines ‘youth’, as those persons between the
ages of fifteen and twenty-four, without prejudice to other definitions by Member States. Young people
have rights, and they enjoy the protection of international human rights law like everyone else. All States
must promote and ensure the full realization of all human rights and fundamental freedoms for youth.

“The Human Rights Council (…) calls upon all States to promote and
ensure the full realization of all human rights and fundamental free-
doms for youth, including, where appropriate, by taking measures to
combat age discrimination, neglect, abuse and violence, and to ad-
dress issues related to barriers to social integration and adequate par-
ticipation, bearing in mind that the full enjoyment of human rights
and fundamental freedoms by young people empowers them to contrib-
ute as active members of society to the political, civil, economic, social
and cultural development of their countries”
The UN Human Rights Council Resolution (A/HRC/RES/35/14)
on youth and human rights

BOX 71: HUMAN RIGHTS CHALLENGES FACED BY YOUTH

Young persons face particular challenges to the enjoyment of their rights. On 25 and 26 July 2013,
the UN Human Rights Office organized a meeting of experts on the rights of youth.1 In the expert
meeting, gaps in human rights protection for young people were discussed, including
yy Multiple discrimination against young people: Young women, young migrants, young per-
sons with disabilities, and young LGBT persons are often subjected to multiple forms of dis-
crimination.
yy Youth employment: In many countries, unemployment rates for those under twenty-five is
significantly higher than the rest of the population. Young people also have fewer guarantees of
employment and often do not receive equal pay for equal work.
yy Right of young people to participate in public affairs: The right to participate in public affairs
includes the right to vote and be elected. However, the minimum age for voting and standing
for office may be discriminatory against young people. Many countries are decreasing the min-
imum age in order to increase youth participation in public affairs.
yy Right to education of young people: In many countries, education is no longer mandatory
for those aged fifteen or older. Accessing the right to education is a challenge for young people,
particularly for those who face discrimination on multiple grounds, such as young people with
disabilities or young women. High tuition fees also constitute a significant barrier to education.

1    The UN Human Rights Office; Expert meeting on the human rights of youth; Executive summary and outcomes;
25-26 July 2013; https://www.ohchr.org/Documents/Issues/Youth/ExecutiveSummary.pdf.

an introduction to human rights  155

12) Persons living with HIV/AIDS

What is HIV? – HIV (human immunodeficiency virus) is a

virus that harms the defense system of the body. It infects
cells of the immune system and damages their function,
leading to immune deficiency. Today, a variety of antiret-
roviral medicines have been developed, and they can stop
HIV from multiplying and prevent the development of AIDS and other long-term effects of HIV infection.
Persons living with HIV have the same life expectancy as HIV-negative persons if they start antiretroviral
therapy at an early stage.
What is AIDS? – Over time, persons living with HIV may develop AIDS (acquired immune deficiency syn-
drome). The virus severely damages the immune system so that the body cannot fight off infections and
illnesses that it normally would fight. Since the first cases of HIV were reported in the early 1980s, 78 million
people have become infected with HIV, and 35 million have died from AIDS-related illnesses. HIV/AIDS is a
global epidemic that affects all countries, and States have agreed in the 2030 Agenda to end the AIDS
epidemic by 2030. This can only be achieved from a holistic and human rights-based approach.
Human rights and HIV/AIDS – Persons living with and affected by HIV/AIDS shall enjoy all human rights, in
equality and without discrimination. Gaps in human rights protection are linked to the spread of HIV and
its impact on individuals and communities around the world.

Gaps in human rights protection fuels the spread and exacerbates the impact of the virus, while at the
same time the virus undermines progress in the realization of human rights.

“(…) the promotion and protection of, and respect for, the human
rights and fundamental freedoms of all, including the right to
development, which are universal, indivisible, interdependent and
interrelated, should be mainstreamed into all HIV and AIDS poli-
cies and programmes.”
The UN Political Declaration on HIV and AIDS

an introduction to human rights  156

 BOX 72: PROMOTION AND PROTECTION OF THE HUMAN RIGHTS
OF PERSONS LIVING WITH HIV

States have obligations to promote and protect the human rights of persons living with HIV. HIV-pos-
itive persons face particular challenges to the enjoyment of their human rights. These include
yy the right to life;
yy the right to liberty and security of the person;
yy the right to the highest attainable standard of mental and physical health;
yy the right to equality and non-discrimination;
yy the right to freedom of movement;
yy the right to seek and enjoy asylum;
yy the right to privacy;
yy the right to freedom of opinion and expression, including the right to freely receive and impart
information;
yy the right to freedom of association;
yy the right to marry and found a family;
yy the right to work;
yy the right to education;
yy the right to an adequate standard of living;
yy the right to social security, assistance, and welfare;
yy the right to share in scientific advancement and its benefits;
yy the right to participate in public and cultural life; and
yy the right to be free from torture and other cruel, inhuman, or degrading treatment or punish-
ment.

Increased vulnerabilities – Certain groups are more vulnerable to contracting the HIV virus because they
are unable to realize their human rights. For example
yy People living in poverty are often unable to access the information, education, and services
necessary to ensure sexual and reproductive health and prevention of infection, as well as to
HIV care and treatment.
yy Gender inequality fuels the HIV/AIDS epidemic. Women and girls are vulnerable to infection if
they lack access to information, education, and services necessary to ensure sexual and repro-
ductive health and prevention of infection1.
yy Individuals who are denied the right to freedom of association and access to information
may be more vulnerable, as they are prevented from discussing HIV-related issues and partici-
pating in AIDS service organizations and self-help groups.

1    United Nations Programme on HIV/AIDS; Women and girls and HIV; 7 March 2018; http://www.unaids.org/sites/default/
files/media_asset/women_girls_hiv_en.pdf.

an introduction to human rights  157

 BOX 73: DISCRIMINATION AGAINST AND STIGMATIZATION OF PERSONS LIVING WITH
HIV/AIDS

The human rights of persons living with HIV are often violated because of their presumed or known
HIV status. In addition to dealing with the health consequences of the virus, they often lose access
to various other rights because of stigmatization and discrimination. This contributes to the vulner-
ability of others to infection, since HIV-related stigma and discrimination discourages people living
with HIV from contacting health and social services.
Persons living with HIV face stigmatization and discrimination, which obstructs their access
to treatment and may affect their employment, housing, and other rights.

Human rights-based approach – The protection and promotion of all human rights is essential in pre-
venting the spread of HIV and mitigating its social and economic impact. Individuals and communities
should be able to realize their rights, be protected from discrimination, be treated with dignity, and have
access to treatment, care, and support in an open and supportive environment.
For example, discrimination against and stigmatization of groups such as injecting drug users, sex work-
ers, and men who have sex with men drives these communities underground. An effective strategy
should be able to reach these populations with prevention efforts and address the human rights violations
to which they are subjected, including discrimination and stigmatization.

BOX 74: HUMAN RIGHTS-BASED APPROACH TO HIV/AIDS

A human rights-based approach to HIV/AIDS

yy reduces vulnerability to HIV infection by addressing its root causes,
yy reduces the negative impact of HIV on people living with or affected by it, and
yy increases individuals’ and communities’ ability to respond to the epidemic.

HIV/AIDS and development efforts – The overwhelming burden of the epidemic today is borne by de-
veloping countries. HIV/AIDS reduces growth, weakens governance, discourages investment, erodes pro-
ductivity, impacts social protection systems, and destroys human capital, thereby undermining countries’
efforts to reduce poverty and improve living standards.

Reference Material

»» United Nations Programme on HIV/AIDS and United Nations Human Rights Office; “Handbook
on HIV and Human Rights for National Human Rights Institutions”; http://www.ohchr.org/Docu-
ments/Publications/HandbookHIVNHRIs.pdf.
»» United Nations Programme on HIV/AIDS; “HIV, the Law and Human Rights in the African Human
Rights System: Key Challenges and Opportunities for Rights-Based Responses”; Report on the Study
of the African Commission on Human and Peoples’ Rights; http://www.unaids.org/en/resources/
documents/2018/HIV_Law_AfricanHumanRightsSystem.

an introduction to human rights  158

Part V:
Universal or
Cross-cutting issues
an introduction to human rights  159
1) Human rights in conflict situations

International human rights law offers protection for rights and freedoms at all times, in peace and war.
However, some, but not all, human rights provisions may be suspended or their application modified
during armed conflict (more information in Box 79). International humanitarian law, on the other hand,
regulates the conduct of armed conflict, and thus applies only in times of armed conflict. It consists of
rules prohibiting illegal conduct in international and non-international armed conflicts, such as delib-
erately targeting civilians or civilian objects (e.g. hospitals and schools). During armed conflict, interna-
tional human rights law and humanitarian law apply together and complement each other.

BOX 75: ARMED CONFLICT

International armed conflicts are the result of the use of armed forces between two or more States,
while non-international armed conflicts are those involving either government armed forces fight-
ing organized groups of armed dissidents or organized armed groups fighting each other within the
territory of the same state.

In non-international armed conflicts, only common article 3 of the four Geneva Conventions, which
outlines some minimum standards that every party to a conflict is bound to apply, is applicable, as
well as Additional Protocol 2 and some treaties on the use of weapons in the protection of cultural
property. It is also recognized though that rules of customary international law, such as the princi-
ples of distinction between those who take direct part in hostilities and those who do not, as well as
the principles governing the conduct of hostilities, are applicable as well.

Both international human rights law and humanitarian law aim to preserve human dignity. Violations of
human rights and of international humanitarian law during armed conflict undermine the protection of
the rights of civilians, persons who are no longer participating directly in hostilities, or active participants
in the conflict. When international humanitarian law is violated, States are under obliged to prosecute
alleged offenders. National jurisdictions as well as various international criminal tribunals can prosecute
alleged offenders for violations of international humanitarian law under some circumstances.

BOX 76: INTERNATIONAL HUMANITARIAN LAW

International humanitarian law is based on

yy The Geneva Conventions and their Additional Protocols;
yy The Hague Conventions and their Additional Protocols;
yy other treaties governing the means and methods of waging war, such as those banning blinding
laser weapons, landmines, and chemical and biological weapons; and
yy Customary law.

an introduction to human rights  160

 “(…) Calls upon all States to respect the human rights of civilians
in armed conflicts.”
“(…) Stresses the importance of combating impunity in order to
prevent violations of international human rights law and inter-
national humanitarian law perpetrated against civilians in armed
conflicts, and urges States, in accordance with their international
obligations, to bring perpetrators of such crimes to justice.”
The UN Human Right Council Resolution 9/9
on the protection of the human rights of civilians in armed conflict

BOX 77: VIOLATIONS OF INTERNATIONAL HUMANITARIAN LAW AND

HUMAN RIGHTS LAW AMOUNTING TO INTERNATIONAL CRIMES
UNDER INTERNATIONAL CRIMINAL LAW

Certain categories of international human rights and humanitarian law violations may amount to
international crimes under international criminal law. These encompass, for instance, genocide,
crimes against humanity, and war crimes.

In a general sense, genocide, crimes against humanity, and war crimes all consist of acts such as
killing, torture, and rape, which are criminal acts under national law.
What sets them apart as international crimes is the context in which the act is committed, be it
yy an international or non-international armed conflict (war crime);
yy a widespread or systematic attack on a civilian population (crime against humanity); or
yy actions with the intent to destroy, in whole or in part, an ethnic, racial, national, or religious
group (genocide).

International Committee of the Red Cross (ICRC) is

an independent and neutral organization ensuring
humanitarian protection and assistance for victims of
war and armed violence. It responds to emergencies
and promotes respect for international humanitarian
law and its implementation.
Photo: View of destructions in downtown Homs, Syria.
25.2.2016. © Jerome Sessini/Magnum Photos for ICRC

Armed conflict impedes the enjoyment of all human rights: civil, political, social, economic, and cultural.
At the same time, the lack of enjoyment of human rights is also one of the conditions conducive to armed
conflict. The negative impact of an armed conflict on the enjoyment of human rights is dire and wide-
spread. It is more severe for specific groups that are in particularly vulnerable situations, such as children,
women, persons with disabilities, or persons belonging to national or ethnic, cultural, religious, and lin-
guistic minority groups. Due to armed conflicts, for instance, millions of children worldwide are unable to
go to school, and therefore deprived of their right to education.

an introduction to human rights  161

 BOX 78: VIOLATIONS OF INTERNATIONAL HUMANITARIAN LAW

A humanitarian law violation is the failure of a party to an armed conflict to act in a manner consis-
tent with its legally binding obligations under International Humanitarian Law. Some examples of
humanitarian law violations are
yy willful killing or murder of civilians;
yy rape and other sexual violence;
yy attacks against civilians;
yy denial of humanitarian relief;
yy use of human shields;
yy attacks against civilian objects or other protected objects;
yy indiscriminate use of anti-personnel landmines; and
yy unlawful deportation, forced transfer or displacement of civilians.

CASE 38: REVIEW OF THE DEMOCRATIC REPUBLIC OF CONGO BY THE CRC COMMITTEE1

After considering the State party report of the Democratic Republic of the Congo (DRC), the Com-
mittee on the Rights of the Child urged the DRC Government to take all measures to ensure that
children were able to complete compulsory schooling and to take concrete action to address the
reasons behind non-completion, including persisting zones of insecurity, displacement of families,
lack of transport, and destruction of school infrastructure.

1   CRC Committee Concluding Observations on the Democratic Republic of Congo; 10 February 2009; CRC/C/COD/
CO/2.

HUMAN RIGHTS SDGS

Which human rights are directly relevant to the How can implementing the recommendations of
above recommendation? the CRC Committee advance the realization of the
SDGs? Consider the SDG targets and indicators.

yy Rights of the child yy SDG 4: Ensure quality education

yy Right to education yy SDG 16: Promote peace, justice, and
yy Right to development strong institutions
yy Right to liberty and security

Reference Material

»» UN Human Rights Office; “Fact Sheet No.13, International Humanitarian Law and Human Rights”;
http://www.ohchr.org/Documents/Publications/FactSheet13en.pdf.
»» UN Human Rights Office; “International Legal Protection of Human Rights in Armed Conflict”; New
York and Geneva 2011; http://www.ohchr.org/Documents/Publications/HR_in_armed_conflict.
pdf.
»» UN Human Rights Office; “Protection of economic, social and cultural rights in conflict”; http://
www.ohchr.org/Documents/Issues/ESCR/E-2015-59.pdf.

an introduction to human rights  162

2) Human rights, terrorism, and counter-terrorism

Terrorism destabilizes Governments, undermines societies, jeopardizes peace and security, and threat-
ens economic and social development. This has serious implications for the enjoyment of human rights
by all. States have the obligation to ensure the right to life of persons under their jurisdiction. This in-
cludes protecting them from harm caused by terrorist activity. States must take appropriate measures
and exercise due diligence to prevent, punish, investigate, or redress such harm. Victims of terrorism
and their families should be provided with proper support and assistance.
States are obliged to take measures to protect individuals from harm caused by terrorist activity. In a num-
ber of States, however, such measures have raised serious human rights concerns. The promotion and
protection of human rights is essential to the countering of terrorism. States must ensure that the count-
er-terrorism laws and practices they adopt comply with their international human rights obliga-
tions, including by regularly reviewing them. Such measures are permissible only when they have a legal
basis, and when they are necessary and proportionate to the legitimate aim pursued.
There are challenges to the enjoyment of human rights in the context of terrorism and counter-terrorism.
At the same time, the lack of enjoyment of human rights is also one of the conditions conducive to
terrorism. The United Nations’ Global Counter-Terrorism Strategy provides a list of conditions conducive
to terrorism, such as prolonged conflicts; occupation; subjugation; absence of democracy and rule of law;
poverty; violations of human rights; ethnic, national and religious discrimination; political exclusion; so-
cio-economic marginalization; inequality; insecurity; and collective punishment.

“Acts, methods and practices of terrorism constitute a grave

violation of the purposes and principles of the United Nations,
which may pose a threat to international peace and security,
jeopardize friendly relations among States, hinder interna-
tional cooperation and aim at the destruction of human rights,
fundamental freedoms and the democratic bases of society.”
The UN General Assembly Resolution 49/60
on measures to eliminate international terrorism

an introduction to human rights  163

 BOX 79: HUMAN RIGHTS CHALLENGES IN THE CONTEXT OF
TERRORISM AND COUNTER-TERRORISM

A wide range of human rights issues arise in the context of terrorism and counter-terrorism. In 2016,
the UN High Commissioner for Human Rights submitted a report (A/HRC/34/30) to the UN Human
Rights Council, on the negative effects of terrorism on the enjoyment of all human rights and funda-
mental freedoms. The report looks into the impact of terrorism on various rights, including
yy the right to life;
yy the right to security, liberty and integrity of person;
yy freedom of movement;
yy the right to a nationality;
yy due process rights, including the right to a fair trial;
yy the right to privacy;
yy freedom of opinion and expression;
yy freedom of religion or belief;
yy freedom of peaceful assembly and association;
yy the right to work;
yy the right to health;
yy the right to education; and
yy the right to participate in cultural life.

Terrorism and counter-terrorism have a widespread negative impact on the enjoyment of all human rights.
Many States resort to illegal practices while countering terrorism and in doing so violate international hu-
man rights law. Such practices include unlawful or disproportionate use of force causing death or serious
harm, torture and other ill-treatment, forced disappearances, violations of the right to a fair trial, or mass
surveillance programmes that violate the right to privacy. Forced evictions and demolitions negatively
affect the enjoyment of the right to housing, especially in high-security zones, and often lead to displace-
ment and deepen poverty, resulting in additional human rights violations. Where prisoners or detainees
are denied equal access to healthcare and treatment, their right to health is violated. Overall, because
of policy priorities adopted by States to counter terrorism, they may fall short in their commitment to
adequately fulfil economic, social, and cultural rights. As terrorism targets peace, development, and the
enjoyment of human rights and fundamental freedoms, human rights must be at the heart of strategies
addressing terrorism and the conditions that give rise to it.

an introduction to human rights  164

 BOX 80: DEROGATION FROM INTERNATIONAL HUMAN RIGHTS OBLIGATIONS

In a limited set of circumstances that are explicitly worded in the International Covenant on Civil and
Political Rights (such as a public emergency which threatens the life of the nation), States may take
measures to derogate from certain human rights obligations. These measures must be exceptional
and temporary, subject to regular review by independent organs, and consistent with State’s other
obligations under international law. They must not involve discrimination solely on the grounds
of race, colour, sex, language, religion, or social origin; and they must comply with the principles
of necessity and proportionality. In any case, there are human rights and fundamental freedoms,
from which derogation is prohibited, even in public emergencies. These non-derogable rights are
identified in Article 4 of the ICCPR and include, among others, the right to life; freedom from torture;
freedom from enslavement or servitude; and freedom of thought, conscience, and religion.

Reference Material

»» UN Human Rights Office; “Human Rights, Terrorism and Counter-Terrorism”; Fact Sheet No. 32.
»» Report of the United Nations High Commissioner for Human Rights on the protection of human
rights and fundamental freedoms while countering terrorism; A/HRC/12/22.

an introduction to human rights  165

3) Transitional justice

Countries emerging from devastating conditions of conflict and repression that are trying to re-estab-
lish the rule of law and address large-scale and systematic past human rights abuses face a variety
of serious challenges. Such challenges include broken institutions, exhausted resources, diminished
security, and a distressed and divided population. Transitional justice refers to the processes and mech-
anisms by which societies address large-scale past human rights violations and ensure accountabili-
ty, justice, and reconciliation. It consists of both judicial and non-judicial processes and mechanisms.
Truth seeking, justice, reparation for victims, and the guarantee that past abuses won’t recur are central
to transitional justice.
Transitional justice processes should integrate a gender perspective and a victim-centered approach.
When performing its broad mandate, the Special Rapporteur on the promotion of truth, justice, repara-
tion, and guarantees of non-recurrence also incorporates these approaches.

“For the United Nations, transitional justice is the full range

of processes and mechanisms associated with a society’s at-
tempt to come to terms with a legacy of large-scale past abus-
es, in order to ensure accountability, serve justice and achieve
reconciliation. Transitional justice processes and mechanisms
are a critical component of the United Nations framework for
strengthening the rule of law.”
The Guidance Note of the UN Secretary-General
on the United Nations Approach to Transitional Justice

Reference Material

»» Guidance Note of the UN Secretary-General; “United Nations Approach to Transitional Justice”;

March 2010; https://www.un.org/ruleoflaw/files/TJ_Guidance_Note_March_2010FINAL.pdf.
»» UN Human Rights Office; “Transitional Justice and Economic, Social and Cultural Rights”; New York
and Geneva 2014; http://www.ohchr.org/Documents/Publications/HR-PUB-13-05.pdf.

an introduction to human rights  166

 BOX 81: A COMPREHENSIVE APPROACH TO TRANSITIONAL JUSTICE

On 30 September 2016, the UN Human Rights Council adopted Resolution 33/19 on human rights
and transitional justice, emphasizing the importance of a comprehensive approach to transitional
justice. Such an approach should “incorporate the full range of judicial and non-judicial measures,
including, among others, individual prosecutions, reparations, truth-seeking, institutional reform,
the vetting of public employees and officials, memorialization initiatives, and processes to achieve
shared narratives or an appropriately conceived combination thereof, in order to, inter alia, ensure
accountability, serve justice, provide remedies to victims, promote healing and reconciliation, es-
tablish independent oversight of the security system, restore confidence in the institutions of the
State and promote the rule of law in accordance with international human rights law”.

BOX 82: TACKLING IMPUNITY THROUGH TRANSITIONAL JUSTICE MECHANISMS

States have the responsibility to thoroughly investigate and prosecute those responsible for gross
human rights violations and violations of international humanitarian law, including genocide, war
crimes, and ethnic cleansing. This is essential for deterrence and for preventing recurrence of such
violence. Transitional justice provides for a full range of judicial and non-judicial mechanisms to
address such violations of human rights, including individual prosecutions at national, regional or
international courts; truth-seeking through truth commissions; and reparations for victims. Even if
the specific context of each situation differs, all transitional justice mechanisms and processes must
comply with international human rights law and standards.

Transitional justice is framed in four tenets: truth, justice, reparations for victims, and prevention, and pro-
vides for a full range of mechanisms and measures: truth-seeking mechanisms such as truth commissions;
judicial mechanisms (national, international, or hybrid); reparations; and institutional reform, including
vetting.
TRUTH

JUSTICE

REPARATIONS

PREVENTION

Ensuring the
Investigating right to repa-
gross violations rations for vic-
of human rights tims of gross
Ensuring the right and humanitarian violations of
to know the truth law; prosecuting human rights Preventing the
about past abuses alleged perpetra- and interna- reoccurrence of
and the fate of dis- tors; punishing tional humani- such atrocities in
appeared persons those found guilty tarian law the future

an introduction to human rights  167

CASE 39: THE REPORT OF THE SIERRA LEONE TRUTH AND RECONCILIATION COMMISSION1

“The heightened vulnerability of minorities, women, children, prisoners and detainees, dis-
placed persons, refugees and others, which is evident in all conflict and post-conflict situations,
brings an element of urgency to the imperative of restoration of the rule of law.”2

After considering the State party report of the Democratic Republic of the Congo (DRC), the Com-
mittee on the Rights of the Child urged the DRC Government to take all measures to ensure that
children were able to complete compulsory schooling and to take concrete action to address the
reasons behind non-completion, including persisting zones of insecurity, displacement of families,
lack of transport, and destruction of school infrastructure.

Background: On 7 July 1999, the Lomé Peace Agreement was signed, ending the eleven-year civil
war in Sierra Leone. As part of the agreement, the Sierra Leone Truth and Reconciliation Commis-
sion was established, with the objective of creating “an impartial historical record of violations and
abuses of human rights and international humanitarian law related to the armed conflict in Sierra
Leone, (…) to address impunity, to respond to the needs of the victims, to promote healing and
reconciliation and to prevent a repetition of the violations and abuses suffered”. The Commission
was composed of seven members, four men and three women, of whom four were Sierra Leoneans
and three were foreigners. It operated for two years, from November 2002 to October 2004, and pre-
sented its final report to the President of Sierra Leone on 5 October 2004 and to the United Nations
Security Council on 27 October 2004.

Findings: The Commission shared its findings in its final report with a set of recommendations,
which also includes a list of names of victims as well as the perpetrators responsible for violations of
human rights and humanitarian law. Some of the report’s findings are listed below:
yy The central cause of the war in Sierra Leone was corruption and nepotism. The overwhelming
control of the executive over the country’s assets; the lack of government accountability; the
lack of independence and effectiveness of institutions meant to uphold human rights, such as
courts and civil society; and colonialism and the subversion of traditional systems also had an
effect.
yy Women and girls were raped, forced into sexual slavery, tortured, and subjected to cruel and in-
humane acts. Children aged between ten and fourteen years were especially targeted for forced
recruitment.
yy Forced displacements, abductions, arbitrary detentions and killings, plundering, and looting
were the most common violations.
yy Successive governments abused the death penalty and misused emergency powers against
political dissidents.

1   The final report of the Sierra Leone Truth and Reconciliation Commission; http://www.sierraleonetrc.org/in-
dex.php/view-the-final-report/download-table-of-contents.
2    The Report of the UN Secretary General on the rule of law and transitional justice in conflict and post-conflict
societies; S/2004/616.

an introduction to human rights  168

Recommendations: The Commission also made recommendations and called for the establish-
ment of a monitoring mechanism to oversee their implementation. Its recommendations con-
cerned, inter alia
yy fighting corruption,
yy creating a new Constitution through consultative and participatory processes,
yy strengthening democracy and the institutions of accountability,
yy holding free and fair elections,
yy ensuring independence of the judiciary,
yy strengthening the role of Parliament,
yy tightening control over security forces,
yy decentralizing political and economic power, and
yy encouraging meaningful participation of youth and women in political decision-making.

Reparations: The Lomé Peace Agreement and the Truth and Reconciliation Commission called for
reparations for both direct and indirect victims (“indirect victims” being defined in the report as
“the dependents or relatives of the direct victim”). Given the relatively limited economic resources
of Sierra Leone and the difficulty of providing monetary reparations to all victims, the Commission
recommended that the Government provide for different forms of reparations, such as health care,
pensions, education, skills-training and microcredit/projects, and community and symbolic repara-
tions. It further emphasized that reparations should benefit the most vulnerable, such as amputees,
the war-wounded, victims of sexual violence, children, and war widows.

an introduction to human rights  169

4) Equality and non-discrimination

Equality and non-discrimination are essential elements of human dignity, and they are fundamental
principles of international human rights law. The Universal Declaration of Human Rights affirms that
all human beings are born free and equal in dignity and rights. The ICCPR and the ICESCR both have
anti-discrimination clauses (Article 2), and this cross-cutting principle exists in a wide range of interna-
tional human rights instruments. Accordingly, any differential treatment in access to human rights must
be reasonably and objectively justified. It must be provided for by law, pursue a legitimate aim, and be
necessary and proportionate to the aim pursued.
However, people all around the world continue to be excluded, marginalized, distinguished, and re-
stricted in the exercise of their rights based on grounds of race; colour; national, ethnic, or social origin;
language; sex; religion; political or other opinion; descent; birth; caste; age disability; health status; mi-
gration status; sexual orientation; or gender identity. People often experience multiple forms of discrim-
ination.

“Discrimination constitutes any distinction, exclusion, restric-

tion or preference or other differential treatment that is di-
rectly or indirectly based on the prohibited grounds of discrim-
ination and which has the intention or effect of nullifying or
impairing the recognition, enjoyment or exercise, on an equal
footing, of Covenant rights.”
The UN Committee on Economic, Social, and Cultural Rights
General Comment No. 20

In times of economic or political crisis or instability, inequalities are further heightened, and groups that
are historically and traditionally discriminated against face even more barriers to the enjoyment of their
rights.1

“State parties must (…) adopt measures, which should include

legislation, to ensure that individuals and entities in the pri-
vate sphere do not discriminate on prohibited grounds.”
The UN Committee on Economic, Social, and Cultural Rights
General Comment No. 20

1    See Section D for human rights protection of specific groups.

an introduction to human rights  170

BOX 83: DIRECT AND INDIRECT DISCRIMINATION

Both direct and indirect forms of differential treatment can amount to discrimination under interna-
tional human rights law. Direct discrimination occurs when an individual is treated less favourably
than another person in a similar situation for a reason related to prohibited grounds of discrimi-
nation. Indirect discrimination refers to laws, policies, or practices that appear neutral, but have a
disproportionate impact on the exercise of human rights as distinguished by prohibited grounds of
discrimination.

BOX 84: DISCRIMINATION IN THE PRIVATE SPHERE

Discrimination frequently takes place in families, workplaces, and other sectors of society. For ex-
ample, private landlords may deny access to housing on the basis of ethnicity, marital status, dis-
ability, or sexual orientation. Or some families may refuse to send girl children to school. States have
a duty to protect individuals and groups of individuals from discrimination in the private sphere
under international human rights law.

BOX 85: SPECIAL MEASURES

International human rights law provides that States should adopt special measures (also known as
affirmative measures or affirmative/positive actions) in favour of certain groups, to overcome past
discrimination or address persisting inequalities. These measures should be taken both in law and
practice, to allow, for example, persons with disabilities to access the job market, or women to par-
ticipate in decision-making processes.

an introduction to human rights  171

5) The right to development

Development should not be understood as a primarily economic process aimed at and measured by
economic growth. Rather, it should be a comprehensive economic, social, cultural, and political pro-
cess. It should aim to constantly improve the wellbeing of all individuals and peoples and fulfil all hu-
man rights for everyone. A human rights-based approach to development should be adopted, and de-
velopment should be based on people’s free, active, and meaningful participation in development and
in the fair distribution of its benefits.

“The right to development is an inalienable human right by virtue

of which every human person and all peoples are entitled to par-
ticipate in, contribute to, and enjoy economic, social, cultural and
political development, in which all human rights and fundamental
freedoms can be fully realized.”
“The human right to development also implies the full realization
of the right of peoples to self-determination, which includes, sub-
ject to the relevant provisions of both International Covenants on
Human Rights, the exercise of their inalienable right to full sover-
eignty over all their natural wealth and resources.”
Article 1 of the UN Declaration on the Right to Development

The right to development has been recognized as a self-standing human right since the adoption of the
Declaration on the Right to Development by the United Nations General Assembly in 1986. It incorporates
specific entitlements, including the right to participate in, contribute to, and enjoy economic, social, cul-
tural, and political development. Its enjoyment is closely linked to various other civil, political, economic,
social, and cultural rights. The UN Committee on Economic, Social, and Cultural Rights also emphasized
“the close relationship and the complementarity” between the Covenant on Economic, Social, and Cultur-
al Rights and the Declaration on the Right to Development.

an introduction to human rights  172

 BOX 86: KEY ELEMENTS OF THE RIGHT TO DEVELOPMENT

According to the UN Declaration on the Right to Development, the key elements of the right to de-
velopment are the following:
yy People-centered development: “The human person” is the central subject, participant, and
beneficiary of development (art. 2).
yy A human rights-based approach: Development should be carried out in a manner “in which
all human rights and fundamental freedoms can be fully realized” (art. 1).
yy Participation: “Active, free and meaningful participation” of individuals and populations should
be ensured in development (art. 2).
yy Equity: The “fair distribution of the benefits” is central to development (art. 2).
yy Non-discrimination: “Distinction as to race, sex, language or religion” is prohibited (art. 6).
yy Self-determination: The full realization of the right of peoples to self-determination should be
ensured, including full sovereignty over their natural wealth and resources (art. 1).

Rights-holders: The human person should be the active participant in and beneficiary of the right to de-
velopment. The right to development also belongs to ‘all peoples’ and the ‘entire population’. Therefore, it
is both an individual and a collective right.
Duty-bearers: States and the international community, as well as all those whose actions and/or omis-
sions have an impact on human rights and the environment, have a duty to ensure the enjoyment of the
right to development.

“Human beings are at the centre of concerns for sustainable de-

velopment. They are entitled to a healthy and productive life in
harmony with nature.”
Principle 1 of the Rio Declaration on Environment and Development

CASE 40: EMPOWERING HERDER COMMUNITIES IN MONGOLIA1

As a result of the large number of licenses, the use of outmoded and environmentally destructive
gold mining technology, inadequate environmental impact assessments, a failure to rehabilitate
mining sites, and inadequate monitoring and enforcement of environmental regulations, environ-
mental and associated human rights issues have become one of Mongolia’s most pressing national
concerns.

1   Human Rights-Based Approach Portal; “Integrating a Human Rights-Based Approach (HRBA) into Programming:
Mongolia”; Source document: UNESCO, “Undertaking the Human Rights Based Approach: Lessons for Policy, Plan-
ning and Programming. Documenting Lessons Learned for the Human Rights-Based Approach to Programming: An
Asia-Pacific Perspective”; https://hrbaportal.org/wp-content/files/HRBAP_mongolia.pdf.

an introduction to human rights  173

 Mining activities in Mongolia have created serious water pollution problems, have diminished sur-
face waters, and have caused the destruction of pastureland. Overall, the root impediments to rights
access could be attributed to shortcomings in mining legislation, which does not take into account
the rights of residents in mining exploitation zones. Another concern has been the limited access
to justice during public interest litigation. The herder communities suffer the most, and they lack
the resources and power to participate in the decision-making process that affects their preferred
livelihood.

The United Nations Development Programme (UNDP) and Ev Aran (an NGO) ran a pilot project to
reinforce human rights-based approach (HRBA) concepts while targeting extractive mining practices
in rural areas of Mongolia. They partnered with herder communities, civil society organizations, me-
dia, public advocates, Mongolia’s national human rights institution, local government, the judiciary,
and law enforcement agencies. The project aimed to achieve a demonstrated level of empower-
ment of herder communities affected by environmentally destructive mining practices. It sought to
educate the judiciary on environmental law, run public litigation programmes and social campaigns
to highlight the issue, and provide advocacy for change in partnership with the National Human
Rights Commission.

Adopting an HRBA, the project included stakeholder consultations, field missions, community di-
alogue, non-formal legal education, media campaigns, evidence-based advocacy, public interest
litigation, judiciary workshops, and a handbook on environmental law. Their efforts included
yy engaging the national human rights institution for evidence-based advocacy,
yy implementing non-formal legal education for rights holders to improve negotiation skills,
yy inviting journalists to join field missions as part of the media campaign,
yy producing a handbook on environmental law for the judiciary to promote Public Interest Liti-
gations,
yy supporting access to information by communities with limited electricity and broadcasting in-
frastructure, and
yy enabling rights holders to participate in public discussions on human rights and the environ-
ment.

HUMAN RIGHTS SDGS

The project identified the rights advanced How does advancing the human rights of herder
throughout the process. Which rights might be rel- communities in Mongolia relate to the realization
evant to the project? of the SDGs? Consider the SDG targets and indi-
cators.

yy The right to live in a safe and healthy en- yy SDG 1: End poverty
vironment yy SDG 6: Ensure clean water and sanitation
yy The right to participate in the develop- yy SDG 10: Reduce inequality
ment process yy SDG 11: Make cities inclusive and sustain-
yy The right to freedom of movement able
yy The right to freedom of expression and yy SDG 12: Ensure sustainable consumption
information and production
yy The right of access to justice yy SDG 15: Protect and sustainably use ter-
restrial ecosystems

an introduction to human rights  174

 BOX 87: THE RIGHT TO DEVELOPMENT AND THE 2030 AGENDA

The 2030 Agenda, as described in its Preamble, is “a plan of action for people, planet and prosperity”
in which “all countries and all stakeholders, acting in collaborative partnership, (…) are resolved to
free the human race from the tyranny of poverty and want and to heal and secure our planet” while
leaving no one behind. The key principles in the Declaration on the Right to Development, includ-
ing participation, non-discrimination, self-determination, individual and collective responsibility,
international cooperation, and equity, are reaffirmed throughout the 2030 Agenda. The Sustainable
Development Goals outline development objectives that are rooted in human rights commitments,
including the right to development.

Reference Material

»» UN Human Rights Office; “Frequently Asked Questions on the Right to Development”; Fact Sheet
No. 37.
»» UN Committee on Economic, Social and Cultural Rights; “Statement on the importance and rele-
vance of the right to development”, adopted on the occasion of the twenty-fifth anniversary of the
Declaration on the Right to Development; E/C.12/2011/2, paras. 1 and 7.

an introduction to human rights  175

6) Business and human rights

Business enterprises have an increasingly growing reach into and impact on people’s lives. This impact
can be positive, for example through the creation of employment and support of livelihoods, the con-
tribution to sustainable development, or the active promotion of human rights through their business
practices. But it can also be negative, for example if it subjects workers to indecent working conditions,
makes use of child labour, or causes environmental degradation.
The State is the primary duty-bearer with regard to protecting individuals and groups of individuals within
their territory and/or jurisdiction from human rights violations by third parties, including business enter-
prises. They are required under international human rights law to take appropriate measures to prevent,
investigate, punish, and redress human rights abuses through effective policies, legislation, regulations,
and adjudication.
Where the State owns, controls, or provides substantial support and services to a business enterprise, it
is required to take additional protective measures against human rights abuses affecting individuals and
groups .
Business enterprises of all sizes, sectors, operational contexts, ownerships, and structures, however, also
have roles and responsibilities when it comes to respecting human. These roles and responsibilities derive
from existing international human rights frameworks, in particular the International Bill of Rights and the
principles concerning fundamental rights set out in the International Labour Organization’s Declaration on
Fundamental Principles and Rights at Work.

BOX 88: UN GUIDING PRINCIPLES ON BUSINESS AND HUMAN RIGHTS

In June 2011, the UN Human Rights Council endorsed the Guiding Principles on Business and Hu-
man Rights: Implementing the “Protect, Respect and Remedy” Framework. It was developed by the
Special Representative of the UN Secretary-General on human rights and transnational corpora-
tions and other business enterprises.

The Guiding Principles are directed at States and business enterprises. They clarify their duties and
responsibilities to protect and respect human rights in the context of business activities. They also
seek to ensure access to an effective remedy for individuals and groups affected by such activities.

BOX 89: ACCESS TO REMEDY WHEN HUMAN RIGHTS VIOLATIONS OCCUR IN BUSINESS
OPERATIONS

When human rights violations occur in business operations, States must ensure that those affected
have access to effective remedies. They should provide complimentary judicial and non-judicial
grievance mechanisms. Other than State-based grievance mechanisms, there should also be non-
State-based grievance mechanisms dealing with business-related human rights harms. Business
enterprises should also establish or participate in such mechanisms, both for due diligence, and for
addressing and remediating adverse impacts of their operations on individuals and communities.

an introduction to human rights  176

STATE DUTY TO PROTECT CORPORATE
HUMAN RIGHTS RESPONSIBILITY
TO RESPECT
HUMAN RIGHTS

Laws that require business enter-

prises to respect human rights
A human rights due diligence pro-
cess to identify, prevent, mitigate
Laws on the creation/operation and account for how they address
of business enterprises that en- their impacts on human rights
able respect for human rights

A policy commitment to meet

Effective guidance to business their responsibility to respect hu-
enterprises on how to respect man rights
human rights

Processes to enable the remedia-

Encouraging/requiring business tion of any adverse human rights
enterprises to communicate how impacts they cause or to which
they address their human rights they contribute
impacts

Protection against human rights

abuses by business enterprises
that are owned or controlled by
the State or that receive support
from it

an introduction to human rights  177

 Human rights due diligence

“In order to identify, prevent, mitigate and account for how they
address their adverse human rights impacts, business enterprises
should carry out human rights due diligence. The process should
include assessing actual and potential human rights impacts, in-
tegrating and acting upon the findings, tracking responses, and
communicating how impacts are addressed.”
Guiding Principle 17 of the UN Guiding Principles on Business and Human Rights

BOX 90: GLOBAL STANDARDS FOR BUSINESSES IN TACKLING DISCRIMINATION

AGAINST LGBTI PEOPLE

In September 2017, the UN High Commissioner for Human Rights launched the global standards for
businesses in tackling discrimination against LGBTI people. These standards highlight good prac-
tices from around the world, and set out actions that business enterprises can take to respect the
rights of lesbian, gay, bisexual, transgender, and intersex individuals.

The five standards are the following:

yy Respect the human rights of their LGBTI workers, customers, and members of the public.
yy Eliminate workplace discrimination against LGBTI employees.
yy Support LGBTI employees at work.
yy Prevent discrimination and related abuses against LGBTI customers, suppliers, and distributors
– and insist that suppliers do the same.
yy Stand up for the human rights of LGBTI people in the communities where companies do busi-
ness.

Reference Material

»» UN Human Rights Office; Guiding Principles on Business and Human Rights: Implementing the
“Protect, Respect and Remedy” Framework; https://www.ohchr.org/Documents/Publications/
GuidingPrinciplesBusinessHR_EN.pdf.
»» UN Human Rights Office; “Tackling Discrimination against Lesbian, Gay, Bi, Trans, & Intersex People:
Standards of Conduct for Business”; https://www.unfe.org/wp-content/uploads/2017/09/UN-
Standards-of-Conduct.pdf.

an introduction to human rights  178

CASE 41: HUMAN RIGHTS ABUSES IN THE PALM OIL SECTORE1

In 2016, Amnesty International, international human rights NGO, investigated the human rights im-
pact of business enterprises in the palm oil sector. It raised concerns regarding the role of inter-
national corporations in human rights violations that take place in the context of their business
operations.

Its investigation found that the palm oil business has led to extensive deforestation, destruction of
the rainforests and considerable harm to wildlife species, as well as to labour rights abuses against
workers. Such abuses include
yy unsafe working conditions, such as exposure to toxic chemicals;
yy exploitation of workers;
yy child labour;
yy discrimination against women workers; and
yy forced labour.

1   Amnesty International; “Palm Oil: Global brands profiting from child and forced labour”; https://www.amnesty.
org/en/latest/news/2016/11/Palm-Oil-Global-brands-profiting-from-child-and-forced-labour/.

an introduction to human rights  179

7) Human rights and environmental issues

All human beings depend on the environment in which they live. The full enjoyment of a wide range of
human rights, including the rights to life, religion, property, culture, development, health, food, water,
and sanitation, is contingent on a safe, clean, healthy, and sustainable environment. Consequently,
environmental degradation has negative impacts on the dignity and wellbeing of, and the enjoyment
of human rights by, individuals and groups of individuals. At the same time, the exercise of other free-
doms, including the access to information, participation in decision-making, and access to justice, is
vital to the protection of the environment.

“Man has the fundamental right to freedom, equality and ad-

equate conditions of life, in an environment of a quality that
permits a life of dignity and well-being, and he bears a solemn
responsibility to protect and improve the environment for present
and future generations.”
Principle 1 of the Stockholm Declaration
(Declaration of the UN Conference on the Human Environment)

BOX 91: THE RIGHT TO THE ENJOYMENT OF A SAFE, CLEAN, HEALTHY,

AND SUSTAINABLE ENVIRONMENT

The right to a healthy environment has been recognized in many regional instruments and nation-
al constitutions. However, no international human rights instrument has been adopted so far to
recognize this right. On 5 March 2018, former UN Special Rapporteur on human rights and the en-
vironment, John H. Knox, called upon the UN Human Rights Council to consider supporting the
recognition of the right to a healthy environment in a global instrument.

In the Stockholm Declaration on the Human Environment (1972) and the Rio Declaration on Environment
and Development (1992), States affirmed the links between human rights and dignity and the environ-
ment. In recent years, these links have been increasingly recognized in international and domestic laws,
judicial decisions, and academic studies.

A safe, clean, healthy and sustainable environment is necessary for the enjoyment of human
rights. Failure to conserve natural resources and biodiversity can undermine human rights.

The rights to information, meaningful participation in decision-making, and access to justice in

environmental matters are essential to good environmental decision-making.

The right to a safe, healthy and ecologically-balanced environment is a human right in itself. It
should be recognized as such also at global level.

an introduction to human rights  180

Environmental protection secures sustainable availability of critical natural resources and eco-
system services, and therefore supports human rights.

“Environmental issues are best handled with the participation of

all concerned citizens, at the relevant level. At the national level,
each individual shall have appropriate access to information con-
cerning the environment that is held by public authorities, in-
cluding information on hazardous materials and activities in their
communities, and the opportunity to participate in decision-mak-
ing processes. States shall facilitate and encourage public aware-
ness and participation by making information widely available.
Effective access to judicial and administrative proceedings, includ-
ing redress and remedy, shall be provided.”
Principle 10 of the Rio Declaration

BOX 92: HUMAN RIGHTS AND CLIMATE CHANGE

Climate change has led to an increase in the frequency of extreme weather events and natural disas-
ters, rising sea-levels, floods, heat waves, droughts, desertification, water shortages, and the spread
of tropical and vector-borne diseases.
Climate change directly and indirectly hinders the full and effective enjoyment of a range of human
rights by people throughout the world, including the rights to life, water and sanitation, food, health,
housing, self-determination, culture, and development.
The negative impacts of climate change are disproportionately borne by persons and communities
already in disadvantaged situations owing to geography, poverty, gender, age, disability, and cultur-
al or ethnic background, among other factors.

States and other duty-bearers (including businesses) can ensure that climate change-related agree-
ments, policies, and actions are aimed at
yy mitigating climate change and preventing its negative human rights impacts;
yy ensuring that all persons have the necessary capacity to adapt to climate change;
yy ensuring accountability and effective remedies for human rights harms caused by climate
change;
yy mobilizing maximum available resources for sustainable, human rights-based development;
yy facilitating international cooperation;
yy ensuring equity in climate action;
yy guaranteeing that everyone enjoys the benefits of science and its applications;
yy protecting human rights from business harms;
yy guaranteeing equality and non-discrimination; and
yy ensuring meaningful and informed participation.

an introduction to human rights  181

 “Acknowledging that climate change is a common concern of hu-
mankind, Parties should, when taking action to address climate
change, respect, promote and consider their respective obligations
on human rights, the right to health, the rights of indigenous
peoples, local communities, migrants, children, persons with dis-
abilities and people in vulnerable situations and the right to de-
velopment, as well as gender equality, empowerment of women and
intergenerational equity.”
The Paris Agreement

BOX 93: HUMAN RIGHTS AND TOXIC WASTE

The generation, management, handling, distribution, and final disposal of hazardous substances
and wastes may have adverse impacts on the enjoyment of human rights, including the right to
food, adequate housing, health, and water. Noting this, the UN Human Rights Council created the
mandate of Special Rapporteur on the implications for human rights of the environmentally sound
management and disposal of hazardous substances and wastes.

In HRC resolution 21/17, the Special Rapporteur was requested to provide information on the ad-
verse effects that the improper management and disposal of hazardous substances and waste may
have on the full enjoyment of human rights. More specifically, the Special Rapporteur was asked to
look into
yy human rights issues involving transnational corporations and other business enterprises in
connection with their management and disposal of hazardous substances and waste;
yy the human rights implications of waste-recycling programmes and the transfer of polluting in-
dustries, industrial activities, and technologies;
yy the support and assistance offered to victims of related human rights violations;
yy the ambiguities in international instruments that allow the movement and dumping of haz-
ardous substances and wastes, and any gaps in the effectiveness of international regulatory
mechanisms; and
yy human rights violations committed against human rights defenders owing to their related ac-
tivities.

an introduction to human rights  182

 CASE 42: NEED FOR STRONGER PROTECTION OF PEOPLE AT HIGH RISK FROM
HAZARDOUS SUBSTANCES IN THE REPUBLIC OF KOREA1

Baskut Tuncak, the Special Rapporteur on the human rights implications of the environmentally
sound management and disposal of hazardous substances and wastes, visited the Republic of Ko-
rea from 12 to 23 October 2015. After his visit, he submitted a report to the UN Human Rights Council.

He noted the positive steps taken by the Government to mitigate the adverse impacts of hazard-
ous substances and wastes on human rights, including the adoption of international human rights
and environmental treaties, as well as domestic laws, implementing regulations, policies, and pro-
grammes.

However, he raised concerns about the negative impact of hazardous substances and wastes on
the enjoyment of human rights, including the health consequences of exposure to hazardous sub-
stances and wastes, amounting to numerous injuries and deaths. He assessed the impacts of these
substances on people at high-risk, who include consumers, workers, children, and communities liv-
ing close to hazardous substances. He particularly highlighted the consequences suffered by older
persons, pregnant women, new mothers, and very young children.

1   Report of the Special Rapporteur on the implications for human rights of the environmentally sound manage-
ment and disposal of hazardous substances and wastes on its mission to the Republic of Korea; A/HRC/33/41/Add.1.

Reference Material

»» UN Environment Programme; “Factsheet on Human Rights and the Environment”; https://wedocs.

unep.org/bitstream/handle/20.500.11822/9933/factsheet-human-rights-environment.pdf?se-
quence=1&isAllowed=y.
»» Report of the Special Rapporteur on the issue of human rights obligations relating to the enjoyment
of a safe, clean, healthy and sustainable environment; A/HRC/37/59.
»» UN Human Rights Office; “Understanding Human Rights and Climate Change”; Submission the 21st
Conference of the Parties to the United Nations Framework Convention on Climate Change; http://
www.ohchr.org/Documents/Issues/ClimateChange/COP21.pdf. UN Human Rights Office; “Key
Messages on Human Rights and Climate Change”; http://www.ohchr.org/Documents/Issues/Cli-
mateChange/KeyMessages_on_HR_CC.pdf

an introduction to human rights  183

Part VI:
The 2030 Agenda for
Sustainable Development

an introduction to human rights  184

In September 2015, 170 States gathered at the UN Sustainable Development Summit in New York to
adopt the 2030 Agenda with the objective of transforming the world. The Agenda covers a set of seven-
teen Sustainable Development Goals (SDGs) and 167 targets, and it serves as the overall framework to
guide global and national development action.

“This Agenda is a plan of action for people, planet and prosperity. It also
seeks to strengthen universal peace in larger freedom. We recognize that
eradicating poverty in all its forms and dimensions, including extreme pov-
erty, is the greatest global challenge and an indispensable requirement for
sustainable development.
All countries and all stakeholders, acting in collaborative partnership, will
implement this plan. We are resolved to free the human race from the tyr-
anny of poverty and want and to heal and secure our planet. We are deter-
mined to take the bold and transformative steps which are urgently need-
ed to shift the world on to a sustainable and resilient path. As we embark
on this collective journey, we pledge that no one will be left behind.”
Preamble of the 2030 Agenda for Sustainable Development

BOX 94: THE MAIN ELEMENTS OF THE 2030 AGENDA

The 2030 Agenda for Sustainable Development consists of

yy the seventeen Sustainable Development Goals (SDGs) and 169 targets to be achieved by all
countries by 2030;
yy the Means of Implementation (MoI) that stipulate the resources and partnerships that are need-
ed to implement the goals and targets; and
yy the Follow-Up and Review (FUR) processes and mechanisms at the national, regional, and glob-
al levels that will monitor and guide the progress made in reaching the goals and targets.

an introduction to human rights  185

SDGs are universal. The Sustainable Development Goals follow the Millennium Development Goals
(MDGs), which were established following the Millennium Summit of the United Nations in 2000. How-
ever, the MDGs applied only to developing countries, while the SDGs are universal and applicable to
all countries. This is because all countries have progress to make toward sustainable development. To
achieve this, they face both common and unique challenges.
SDGs are transformative. The 2030 Agenda offers a paradigm shift from the traditional model of devel-
opment to a people and planet-centered, human rights-based, and gender-sensitive sustainable develop-
ment. Such development is for “people, planet, prosperity, peace and partnership”.
SDGs are comprehensive. The SDGs envisage a wide range of social, economic, and environmental ob-
jectives. The Agenda also sets the goals of achieving “more peaceful, just and inclusive societies which are
free from fear and violence” through democratic governance, rule of law, access to justice and personal
security, and an enabling international environment. The SDGs cover issues related to all human rights,
including civil, political, economic, social, and cultural rights, as well as the right to development.
SDGs are inclusive. The 2030 Agenda pledges to leave no one behind. It envisages “a world of universal
respect for equality and non-discrimination” both between and within countries. To ensure this, the Agen-
da is grounded on international human rights law, and reaffirms State responsibility to respect, protect,
and promote human rights without discrimination.

an introduction to human rights  186

 BOX 95: SDG INDICATORS AND DATA DISAGGREGATION

To ensure that no one is left behind and that progress and development is equally shared, the peo-
ple that are “most left behind” and suffering from a lack of access to human rights and development
must be specifically targeted in development efforts. This requires collecting disaggregated, high
quality, and timely data across multiple dimensions. For example, data regarding “child labour in
the poorest quintile in urban areas” should be collected for better targeting. Such an approach helps
to ensure that no one is left behind, as it gives particular attention to those traditionally most left
behind due to age, socioeconomic status, gender, ethnicity and geography, or other grounds.

The United Nations High-level Political Forum on Sustainable Development is the main global plat-
form on sustainable development and has the central role in the follow-up and review of the 2030 Agen-
da at the global level. According to the Agenda, States are encouraged to “conduct regular and inclusive
reviews of progress at the national and sub-national levels, which are country-led and country-driven”.
These national reviews provide a basis for reviews at the global level. Reviews by the United Nations
High-level Political Forum on Sustainable Development are voluntary and state-led. Both developed and
developing countries undertake these reviews. Furthermore, they provide a platform for partnerships, in-
cluding through the participation of relevant stakeholders.

An example of a State report. The Netherlands submit-

ted its report on the implementation of the Sustainable
Development Goals to the UN High-Level Political Forum
on Sustainable Development Goals (www. sustain-
abledevelopment.un.org)

an introduction to human rights  187

Sustainable Development Goals and Human Rights

The 2030 Agenda is a human rights-based agenda. It is both grounded in international human rights law
and aimed at realizing the human rights of all.

The SDGs “seek to realize the human rights of all”. (Preamble)

“We envisage a world of universal respect for human rights and human dignity, the rule of law, jus-
tice, equality and non-discrimination; of respect for race, ethnicity and cultural diversity; and of equal
opportunity.” (Paragraph 8)

“The new Agenda is guided by the purposes and principles of the Charter of the United Nations, in-
cluding full respect for international law. It is grounded in the Universal Declaration of Human Rights,
international human rights treaties, the Millennium Declaration and the 2005 World Summit Outcome
Document.” (Paragraph 10)

“We reaffirm our commitment to international law and emphasize that the Agenda is to be imple-
mented in a manner that is consistent with the rights and obligations of States under international
law.” (Paragraph 18)

“We reaffirm the importance of the Universal Declaration of Human Rights, as well as other interna-
tional instruments relating to human rights and international law. We emphasize the responsibilities
of all States, in conformity with the Charter of the United Nations, to respect, protect and promote
human rights and fundamental freedoms for all, without distinction of any kind as to race, colour,
sex, language, religion, political or other opinion, national or social origin, property, birth, disability or
other status.” (Paragraph 19)

Human rights and the SDGs are mutually reinforcing.

Human rights and the SDGs are
Implementing human rights treaty obligations facilitates
mutually reinforcing
the realization of the SDGs in the same way that a human
rights-based approach to development facilitates access
to human rights for all.
Human rights are inextricably linked to the 2030 Agenda.
The principle of “leaving no one behind” is cross cutting SDG
and applies to all SDGs and targets and reflects the hu-
man rights principles of equality and non-discrimina- HUMAN
tion. The principles of accountability, participation, and RIGHTS
non-discrimination are strongly reflected in the 2030
Agenda, and they are also the principles of a human
rights-based approach to development.
Core international human rights and labour standards are reflected in more than 90% of the 169 SDG tar-
gets. Concrete links between specific SDG targets and specific articles of core international human rights
instruments illustrate how closely related these are.

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Human rights mechanisms and institutions provide systematic contributions and guidance for integrat-
ed human rights-based approaches to implementing, following up on, and reviewing the 2030 Agenda.
This includes the substantial expertise provided by the UN Human Rights Council and its mechanisms as
well as by the UN Human Rights Treaty Bodies. The available expertise of the UN Human Rights Office, the
UN Development Group, the UN Development Programme, and UN Country Teams are also invaluable for
implementing human rights obligations as well as setting goals and targets in the 2030 Agenda.

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