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University of Santo Tomas Born out of the atrocities and enormous

Faculty of Civil Law loss of life during World War II, the United
Nations Universal Declaration of Human
HUMAN RIGHTS LAW Rights was signed in 1948 to provide a
Judge Philip Aguinaldo common understanding of what
everyones rights are. It forms the basis
(Prepared by: James Christian S. Ballecer) for a world built on freedom, justice and
peace.
I. Background on Human Rights B. Brief History.
Law:
Originally, people had rights only because
A. Definition.
of their membership in a group, such as a
family. Then, in 539 BC, Cyrus the Great,
WHAT ARE HUMAN RIGHTS?
after conquering the city of Babylon, did
While some dictionaries define the word something totally unexpectedhe freed all
right as a privilege, when used in the slaves to return home. Moreover, he
context of human rights, we are talking declared people should choose their own
about something more basic.* religion.

Every person is entitled to certain The Cyrus Cylinder, a clay tablet


fundamental rights, simply by the fact of containing his statements, is the first
being human. These are called human human rights declaration in history.
rights rather than a privilege (which can
The idea of human rights spread quickly
be taken away at someones whim).
to India, Greece and eventually Rome.
They are rights because they are things The most important advances since then
you are allowed to be, to do or to have. have included:
These rights are there for your protection
1215: The Magna Cartagave people
against people who might want to harm or
new rights and made the king subject to
hurt you. They are also there to help us
the law.
get along with each other and live in
peace.
1628: The Petition of Rightset out
the rights of the people.
Many people know something about their
rights. Generally they know they have the
1776: The United States Declaration
right to food and a safe place to stay.
of Independenceproclaimed the right
They know they have a right to be paid for
to life, liberty and the pursuit of
the work they do. But there are many
happiness.
other rights.
1789: The Declaration of the Rights of
When human rights are not well known by
Man and of the Citizena document of
people, abuses such as discrimination,
France, stating that all citizens are equal
intolerance, injustice, oppression
under the law.
and slavery can arise.

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1948: The Universal Declaration of greatest importance for the full realization
Human Rightsthe first document listing of this pledge,
the 30 rights to which everyone is
Now, Therefore THE GENERAL
entitled. ASSEMBLY proclaims THIS
UNIVERSAL DECLARATION OF HUMAN
II. Universal Declaration on Human RIGHTS as a common standard of
Rights achievement for all peoples and all
nations, to the end that every individual
PREAMBLE and every organ of society, keeping this
Declaration constantly in mind, shall strive
Whereas recognition of the inherent by teaching and education to promote
dignity and of the equal and inalienable respect for these rights and freedoms and
rights of all members of the human family by progressive measures, national and
is the foundation of freedom, justice and international, to secure their universal and
peace in the world, effective recognition and observance, both
among the peoples of Member States
Whereas disregard and contempt for themselves and among the peoples of
human rights have resulted in barbarous territories under their jurisdiction.
acts which have outraged the conscience
of mankind, and the advent of a world in Article 1.
which human beings shall enjoy freedom
of speech and belief and freedom from All human beings are born free and
fear and want has been proclaimed as the equal in dignity and rights. They are
highest aspiration of the common people, endowed with reason and conscience
and should act towards one another in
Whereas it is essential, if man is not to be a spirit of brotherhood.
compelled to have recourse, as a last
resort, to rebellion against tyranny and Article 2.
oppression, that human rights should be
protected by the rule of law, Everyone is entitled to all the rights
and freedoms set forth in this
Whereas it is essential to promote the Declaration, without distinction of any
development of friendly relations between kind, such as race, colour, sex,
nations, language, religion, political or other
opinion, national or social origin,
Whereas the peoples of the United Nations property, birth or other status.
have in the Charter reaffirmed their faith Furthermore, no distinction shall be
in fundamental human rights, in the made on the basis of the political,
dignity and worth of the human person jurisdictional or international status of
and in the equal rights of men and women the country or territory to which a
and have determined to promote social person belongs, whether it be
progress and better standards of life in independent, trust, non-self-governing
larger freedom, or under any other limitation of
sovereignty.
Whereas Member States have pledged
themselves to achieve, in co-operation Article 3.
with the United Nations, the promotion of
universal respect for and observance of Everyone has the right to life, liberty
human rights and fundamental freedoms, and security of person.

Whereas a common understanding of Article 4.


these rights and freedoms is of the

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No one shall be held in slavery or to law in a public trial at which he has
servitude; slavery and the slave trade had all the guarantees necessary for
shall be prohibited in all their forms. his defence.
(2) No one shall be held guilty of any
Article 5. penal offence on account of any act or
omission which did not constitute a
No one shall be subjected to torture or penal offence, under national or
to cruel, inhuman or degrading international law, at the time when it
treatment or punishment. was committed. Nor shall a heavier
penalty be imposed than the one that
Article 6. was applicable at the time the penal
offence was committed.
Everyone has the right to recognition
everywhere as a person before the Article 12.
law.
No one shall be subjected to arbitrary
Article 7. interference with his privacy, family,
home or correspondence, nor to
All are equal before the law and are attacks upon his honour and
entitled without any discrimination to reputation. Everyone has the right to
equal protection of the law. All are the protection of the law against such
entitled to equal protection against interference or attacks.
any discrimination in violation of this
Declaration and against any incitement Article 13.
to such discrimination.
(1) Everyone has the right to freedom
Article 8. of movement and residence within the
borders of each state.
Everyone has the right to an effective (2) Everyone has the right to leave
remedy by the competent national any country, including his own, and to
tribunals for acts violating the return to his country.
fundamental rights granted him by the
constitution or by law. Article 14.

Article 9. (1) Everyone has the right to seek and


to enjoy in other countries asylum
No one shall be subjected to arbitrary from persecution.
arrest, detention or exile. (2) This right may not be invoked in
the case of prosecutions genuinely
Article 10. arising from non-political crimes or
from acts contrary to the purposes and
Everyone is entitled in full equality to a principles of the United Nations.
fair and public hearing by an
independent and impartial tribunal, in Article 15.
the determination of his rights and
obligations and of any criminal charge (1) Everyone has the right to a
against him. nationality.
(2) No one shall be arbitrarily deprived
Article 11. of his nationality nor denied the right
to change his nationality.
(1) Everyone charged with a penal
offence has the right to be presumed Article 16.
innocent until proved guilty according

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(1) Men and women of full age, (1) Everyone has the right to take part
without any limitation due to race, in the government of his country,
nationality or religion, have the right directly or through freely chosen
to marry and to found a family. They representatives.
are entitled to equal rights as to (2) Everyone has the right of equal
marriage, during marriage and at its access to public service in his country.
dissolution. (3) The will of the people shall be the
(2) Marriage shall be entered into only basis of the authority of government;
with the free and full consent of the this will shall be expressed in periodic
intending spouses. and genuine elections which shall be
(3) The family is the natural and by universal and equal suffrage and
fundamental group unit of society and shall be held by secret vote or by
is entitled to protection by society and equivalent free voting procedures.
the State.
Article 22.
Article 17.
Everyone, as a member of society, has
(1) Everyone has the right to own the right to social security and is
property alone as well as in association entitled to realization, through national
with others. effort and international co-operation
(2) No one shall be arbitrarily deprived and in accordance with the
of his property. organization and resources of each
State, of the economic, social and
Article 18. cultural rights indispensable for his
dignity and the free development of
Everyone has the right to freedom of his personality.
thought, conscience and religion; this
right includes freedom to change his Article 23.
religion or belief, and freedom, either
alone or in community with others and (1) Everyone has the right to work, to
in public or private, to manifest his free choice of employment, to just and
religion or belief in teaching, practice, favourable conditions of work and to
worship and observance. protection against unemployment.
(2) Everyone, without any
Article 19. discrimination, has the right to equal
pay for equal work.
Everyone has the right to freedom of (3) Everyone who works has the right
opinion and expression; this right to just and favourable remuneration
includes freedom to hold opinions ensuring for himself and his family an
without interference and to seek, existence worthy of human dignity,
receive and impart information and and supplemented, if necessary, by
ideas through any media and other means of social protection.
regardless of frontiers. (4) Everyone has the right to form and
to join trade unions for the protection
Article 20. of his interests.

(1) Everyone has the right to freedom Article 24.


of peaceful assembly and association.
(2) No one may be compelled to Everyone has the right to rest and
belong to an association. leisure, including reasonable limitation
of working hours and periodic holidays
Article 21. with pay.

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Article 25. interests resulting from any scientific,
literary or artistic production of which
(1) Everyone has the right to a he is the author.
standard of living adequate for the
health and well-being of himself and of Article 28.
his family, including food, clothing,
housing and medical care and Everyone is entitled to a social and
necessary social services, and the international order in which the rights
right to security in the event of and freedoms set forth in this
unemployment, sickness, disability, Declaration can be fully realized.
widowhood, old age or other lack of
livelihood in circumstances beyond his Article 29.
control.
(2) Motherhood and childhood are (1) Everyone has duties to the
entitled to special care and assistance. community in which alone the free and
All children, whether born in or out of full development of his personality is
wedlock, shall enjoy the same social possible.
protection. (2) In the exercise of his rights and
freedoms, everyone shall be subject
Article 26. only to such limitations as are
determined by law solely for the
(1) Everyone has the right to purpose of securing due recognition
education. Education shall be free, at and respect for the rights and
least in the elementary and freedoms of others and of meeting the
fundamental stages. Elementary just requirements of morality, public
education shall be compulsory. order and the general welfare in a
Technical and professional education democratic society.
shall be made generally available and (3) These rights and freedoms may in
higher education shall be equally no case be exercised contrary to the
accessible to all on the basis of merit. purposes and principles of the United
(2) Education shall be directed to the Nations.
full development of the human
personality and to the strengthening of Article 30.
respect for human rights and
fundamental freedoms. It shall Nothing in this Declaration may be
promote understanding, tolerance and interpreted as implying for any State,
friendship among all nations, racial or group or person any right to engage in
religious groups, and shall further the any activity or to perform any act
activities of the United Nations for the aimed at the destruction of any of the
maintenance of peace. rights and freedoms set forth herein.
(3) Parents have a prior right to
choose the kind of education that shall
be given to their children.

Article 27.

(1) Everyone has the right freely to


participate in the cultural life of the
community, to enjoy the arts and to
share in scientific advancement and its
benefits.
(2) Everyone has the right to the
protection of the moral and material

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