Topic I.

Human Rights Education, Concepts and Principles

Introduction
Human rights education will move students from understanding human rights concepts to
examining their experiences from a human rights perspective and incorporating these concepts
into their personal values and decision-making processes. The knowledge they will gain will
form part of molding them to become a responsible future law enforcers and peace officers.

Human rights issues are one of the most pressing issues in the Philippine society today. This
problem is faced by the Philippine National Police today due to alleged human rights violations
committed by erring police personnel and discussions about alleged involvement of its members
on human rights violations and abuses has made a source of discomfort among the police force.
On the contrary, there are situation that human rights issues hurled against the police and other
law enforcement organization is a mere propaganda tool used by enemies of the state to
denounce the police, military and other law enforcement organization.

Hence, the mandate of the United Nation in line with human rights education requires also all
security forces like the Philippine National Police (PNP) to respect and protect human rights as
they perform their missions and operations. It also mandates the establishment of the
Commission on Human Rights as an independent national human rights institution tasked to
undertake services and programs for the protection and promotion of human rights in the
country.

Lesson I. Introduction to Human Rights Education

Context and definition of human rights education

Human rights education is a learning process encompassing various dimensions:
1. Knowledge and skills - learning about human rights standards and mechanisms, as well as
acquiring the skills to put them into practice in daily life;
2. Values and attitudes - developing values and reinforcing attitudes which uphold human
rights;
3. Behavior and action - encouraging action to defend and promote human rights.

The United Nations Decade for Human Rights Education (1995-2004) has defined Human
Rights Education as training, dissemination, and information efforts aimed at the building of a
universal culture of human rights through the imparting of knowledge and skills and the molding
of attitudes which are directed to:
1. The strengthening of respect for human rights and fundamental freedoms;
2. The full development of the human personality and the sense of its dignity;
3. The promotion of understanding, respect, gender equality, and friendship among all
nations, indigenous peoples and racial, national, ethnic, religious and linguistic groups;
4. The enabling of all persons to participate effectively in a free society;
5.The furtherance of the activities of the United Nations for the Maintenance of Peace."
(Adapted from the Plan of Action of the United Nations Decade for Human Rights
Education (1995-2004), paragraph 2)
The Goals of Human Rights Education
The goal of human rights education is to help people understand human rights, value human
rights, and take responsibility for respecting, defending, and promoting human rights. In criminal
justice education, an important outcome of human rights education is empowerment among the
students as they are prepared to the task of peace keeping and law enforcement. It is a process
through which criminal justice education students will learn to increase their control over their
own lives and the decisions that affect them in the development of their career as future peace
officers. Specifically, the knowledge, skills and attitudes of the students as reflected in the
College Intended Learning Outcomes (CILO) of the College of Criminal Justice Education will
be the center of concern in the process of delivering the content of human rights education as a
course in the BS Criminology program of Cagayan State University.

Education about human rights provides criminology students with information about human
rights, justice and dignity for all. This process includes learning:
 about human rights principles, such as the universality, indivisibility, and
interdependence of human rights
 about the inherent dignity of all people and their right to be treated with respect
 about international law, like the Universal Declaration of Human Rights, the Convention
on the Rights of the Child and the Convention on the Elimination of All Forms of
Discrimination against Women
 about regional, national, state, and local law that reinforces international human rights
law
 about using human rights law to protect human rights and to call violators to account for
their actions
 about human rights violations such as torture, violence against women and children and
the social, economic, political, ethnic, and gender forces which cause them.
 about how human rights promote participation in decision making and the peaceful
resolution of conflicts
 about the persons and agencies that are responsible for promoting, protecting, and
respecting human rights
 about the history and continuing development of human rights

Further, education for human rights also gives the students a sense of responsibility for
respecting and defending human rights and empowers them to take appropriate action as they
develop the skill of a future protector and defender of human rights. These skills would include:
 recognizing a personal and social stake in the defense of human rights
 recognizing that human rights may be promoted and defended on an individual,
collective, and institutional level
 developing critical understanding of life situations especially the vulnerable groups or
sectors of society
 analyzing situations of individual and communities in moral terms
 analyzing factors that cause human rights violations
 knowing about and being able to use global, regional, national, and local human rights
instruments and mechanisms for the protection of human rights
 strategizing appropriate responses to human rights violations, abuses and other injustices
 acting to promote and defend human rights
Furthermore, Education for human rights helps the students feel the importance of human rights,
internalize human rights values, and integrate them in their way of life. These human rights
values and attitudes must be developed and embraced by the students that will include:
 understanding the nature of human dignity and respecting the dignity of others
 recognizing that the enjoyment of human rights by all citizens is a precondition to a just
and humane society
 nurturing respect for others, self-esteem, and hope
 empathizing with those whose rights are violated and feeling a sense of solidarity with
them
 strengthening respect for human rights and fundamental freedoms (UDHR Article 30.2)
 perceiving the human rights dimension of civil, social, political, economic, and cultural
issues and conflicts.
The objectives of the human rights education
The expressed consensus of the international community on the fundamental contribution of
human rights education to the realization of human rights set the objectives of the World
Programme for Human Rights Education.
1. To promote the development of a culture of human rights;
2. To promote a common understanding, based on international instruments, of basic
principles and methodologies for human rights education;
3. To ensure a focus on human rights education at the national, regional and international
levels;
4. To provide a common collective framework for action by all relevant actors;
5. To enhance partnership and cooperation at all levels;

Defining rationale for human rights education that reflected the expanding definition of the
field:

 Human Rights Education declares a commitment to those human rights expressed in the
Universal Declaration of Human Rights of 1948 and the UN Covenants. It asserts the
responsibility to respect, protect, and promote the rights of all people.
 Human Rights Education promotes democratic principles. It examines human rights issues
without bias and from diverse perspectives through a variety of educational practices.
 Human Rights Education helps to develop the communication skills and informed critical
thinking essential to a democracy. It provides multicultural and historical perspectives on
the universal struggle for justice and dignity.
 Human Rights Education engages the heart as well as the mind. It challenges students to
ask what human rights mean to them personally and encourages them to translate caring
into informed, nonviolent action.
 Human Rights Education affirms the interdependence of the human family. It promotes
understanding of the complex global forces that create abuses, as well as the ways in which
abuses can be abolished and avoided.
Principles of human rights education activities
a. Promote the interdependence, interrelatedness, indivisibility and universality of human
rights, including civil, political, economic, social and cultural rights and the right to
development;
b. Foster respect for and appreciation of differences, and opposition to discrimination on the
basis of race, sex, language, religion, political or other opinion, national, ethnic or social
origin, physical or mental condition, sexual orientation and other bases;
c. Encourage analysis of chronic and emerging human rights problems (including poverty,
violent conflicts and discrimination), also in view of rapidly changing developments in the
political, social, economic, technological and ecological fields, which would lead to
responses and solutions consistent with human rights standards;
d. Empower communities and individuals to identify their human rights needs and to claim
them effectively;
e. Develop the capacity of duty-bearers (in particular, governmental officials), who have an
obligation to respect, protect and fulfill the human rights of those under their jurisdiction, to
meet such obligation;
f. Build on the human rights principles embedded within the different cultural contexts and
take into account historical and social developments in each country;
g. Foster knowledge of and skills to use local, national, regional and international human rights
instruments and mechanisms for the protection of human rights;
h. Make use of participatory pedagogies that include knowledge, critical analysis and skills for
action furthering human rights;
i. Foster teaching and learning environments free from want and fear that encourage
participation, enjoyment of human rights and the full development of the human personality;
j. Be relevant to the daily life of the learners, engaging them in a dialogue about ways and
means of transforming human rights from the expression of abstract norms to the reality of
their social, economic, cultural and political conditions.

Lesson II. The concept, classification and examples of human rights.

Meaning of human rights

Human Rights refer to the basic rights and freedoms that all human beings have. Rights are
inherent to all human beings, regardless of nationality, place of residence, sex, national or ethnic
origin, skin color, religion, language, or any other status. We are all equally entitled to our
human rights without discrimination. These rights are all interrelated, interdependent, and
indivisible.

The United Nations (UN) defines human rights as universal and inalienable, interdependent and
indivisible, and equal and non-discriminatory.
 Universal and inalienable:
Human rights belong to all and cannot be taken away unless specific situations call for it.
However, the deprivation of a person's right is subject to due process.

 Interdependent and indivisible:

Whatever happens to even one right – fulfillment or violation – can directly affect the
others.
  Equal and non-discriminatory:
Human rights protect all people regardless of race, nationality, gender, religion, and
political leaning, among others. They should be respected without prejudice.

Further, human rights are universal legal guarantees protecting individuals and groups against
actions by governments that interfere with fundamental freedoms and human dignity. Human
rights law obliges governments to do some things and prevents them from doing others. The
following are some of the most frequently cited characteristics of human rights:

 Internationally guaranteed
 Legally protected
 Focus on the dignity of the human being
 Protect individuals and groups
 Oblige States and State actors
 Cannot be waived or taken away
 Equal and interdependent
 Universal
General classification of human rights
1. Natural rights – those possessed by every citizen without being granted by the state for they
are given to man by God as human being created to his image that he may live a happy life.
2. Constitutional rights – conferred and protected by the constitution.
3. Statutory rights – provided by law, promulgated by the law making body, and consequently
may be abolished by the same body.

Constitutional classification of human rights

1. Political Rights – The power to participate directly or indirectly in the establishment or
administration of the government.
2. Civil rights – a law which secures private individuals for the purpose of securing enjoyment of
their means of happiness.
3. Social and Economic rights – Intended to insure the well-being and economic security of an
individual.
4. Rights of the accused – Intended for the protection of a person accused of any crime.

Examples of human rights

Human rights are described in the Universal Declaration of Human Rights and in the various
treaties (also called ―covenants‖ and ―conventions‖), declarations, guidelines and bodies of
principles elaborated by the United Nations and by regional organizations. They include a broad
range of guarantees, addressing virtually every aspect of human life and human interaction. The
rights guaranteed to all human beings include:
● Freedom of association, expression, assembly and movement;
● Right to life;
● Freedom from torture and cruel, inhuman or degrading treatment or punishment;
● Freedom from arbitrary arrest or detention;
● Right to a fair trial;
● Freedom from discrimination;
● Right to equal protection of the law;
● Freedom from arbitrary interference with privacy, family, home or correspondence;
● Right to asylum;
● Right to nationality;
● Freedom of thought, conscience and religion;
● Right to vote and to take part in government;
● Right to just and favorable working conditions;
● Right to adequate food, shelter, clothing and social security;
● Right to health;
● Right to education;
● Right to participate in cultural life

Topic III. Human Rights Rules, Sources, Rule-making and Monitoring Bodies

Lesson I. Sources of human rights rules

The sources of human rights rules

Human rights norms and standards are derived from two principal types of international source,
―customary international law‖ and ―treaty law‖.

1. Customary International law (or simply ―custom‖) is international law that develops through
the general and consistent practice of States and is followed because of a sense of legal
obligation. In other words, if States perform in a certain way over a period of time because
they all believe that they are required to do so, that behavior comes to be recognized as a
principle of international law, binding on States, even if it is not laid down in a particular
agreement. Thus, while the Universal Declaration of Human Rights is not in itself a binding
treaty, provisions of the Declaration have been identified as having the character of customary
international law and States are therefore bound to respect them.

2. Treaty law includes the law of human rights as set out in the many international agreements
(treaties, covenants, conventions) that have been collectively (either bilaterally or
multilaterally) developed, signed and ratified by States. Some of these treaties cover whole
sets of rights (such as the International Covenant on Civil and Political Rights and the
International Covenant on Economic, Social and Cultural Rights), while others focus on
particular types of violations (such as the Convention against Torture, the International
Convention on the Elimination of All Forms of Racial Discrimination and the Convention on
the Prevention and Punishment of the Crime of Genocide) or on particular groups to be
protected (such as the Convention on the Rights of the Child, the Convention on the
Elimination of All Forms of Discrimination against Women, the International Convention on
the Protection of the Rights of All Migrant Workers and Members of Their Families, and the
Convention relating to the Status of Refugees). Another type focuses on particular situations,
such as armed conflict (including the four Geneva Conventions of 1949 and the two Protocols
additional to the Conventions). All of these instruments are fully legally binding on States that
are party to them.
Lesson II. Human Rights rule making bodies, where are these human rights rules made
and who monitors the implementation of human rights standards

Bodies that makes human rights rules

The international legal system, as outlined in the Charter of the United Nations, is built around a
community of States. The law governing that system is therefore law for, by and about States. It
is the States themselves who make the rules, through the development of custom, the
development of treaties and the development of international declarations, guidelines and bodies
of principles. States agree on the content of these sources and agree to be bound by them. In the
case of human rights, while it is individuals and groups who are protected, it is the conduct of
States (and State actors) that is regulated.

Where are these human rights rules made?

Human rights standards are developed and codified in various international forums through a
process whereby representatives of States members of those forums meet, usually repeatedly
over a period of years, to work out the form and content of international human rights
instruments, article by article and line by line. In United Nations forums, all States are invited to
attend and participate in the drafting so as to ensure that the final document reflects the views
and experience of all regions of the world and all major legal systems. Whether for a binding
treaty or for an authoritative declaration, every proposal is closely scrutinized and debated until a
final text is agreed on. Even then, in the case of treaties, a State is not bound by the instrument
until it has signed and ratified (or acceded to) it. Instruments of universal application are drafted
and adopted in United Nations bodies, especially:
 the General Assembly,
 the Economic and Social Council,
 the Commission on Human Rights, and
 the periodic United Nations Congresses on the prevention of crime.

Who monitors implementation of human rights standards?

Expert studies on various human problems, which may lead to the development of new human
rights standards, are undertaken each year by the United Nations Sub-Commission on the
Promotion and Protection of Human Rights.

Accordingly, the implementation of human rights standards is closely watched at several levels.
At the national level, human rights are monitored by:
● Concerned government agencies and services, including the police;
● National human rights institutions (such as a human rights commission or an ombudsman);
● Human rights and other non-governmental organizations (NGOs);
● The courts;
● Congress
● The media;
● Professional organizations (such as lawyers, doctors, etc.);
● Trade unions;
 ● Religious organizations; and
● University centers.

At the international (global) level, human rights are monitored by a number of international
NGOs and by the United Nations. Within the United Nations, four principal types of monitoring
are carried out.
 The first is ―conventional‖ (or treaty-based) monitoring.
 The second is ―extra conventional‖ (or charter-based) monitoring.
 The third is monitoring through peacekeeping and human rights field operations.
 The fourth, and most recent, is monitoring by the United Nations High Commissioner for
Human Rights under his or her global mandate to promote and protect human rights.

Selected conventional (treaty-based) bodies

Human Rights Treaty Corresponding Treaty Body
International Covenant on Economic, Social Committee on Economic, Social and Cultural
and Cultural Rights Rights (CESCR)
International Covenant on Civil and Political Human Rights Committee (HRC)
Rights
International Convention on the Elimination of Committee on the Elimination of Racial
All Forms of Racial Discrimination Discrimination (CERD)
Convention on the Elimination of All Forms of Committee on the Elimination of
Discrimination against Women Discrimination against Women (CEDAW)
Convention against Torture and Other Cruel, Committee against Torture (CAT)
Inhuman or Degrading Treatment or
Punishment
Convention on the Rights of the Child Committee on the Rights of the Child (CRC)
The Philippines has ratified/acceded 8 of 9 core human rights treaties:
1. International Covenant on Economic, Social and Cultural Rights (ICESCR)
2. International Covenant on Civil and Political Rights (ICCPR)
3. Convention on the Elimination of all Forms of Racial Discrimination (CERD)
4. Convention on the Elimination of All Forms of Discrimination against Women (CEDAW)
5. Convention against Torture and other Cruel Inhuman and Degrading Treatment or Punishment
(CAT)
6. Convention on the Rights of the Child (CRC)
7. Convention on the Protection of the Rights of all Migrant Workers and members of their
Families (CRMW)
8. Convention on the Rights of Persons with Disabilities (CRPD)

Topic IV. Salient features of international instruments and documents of human rights
declaration and covenants as basis for human rights education

Introduction
The foundation documents of human rights law are the Universal Declaration of Human
Rights (UDHR, 1948), the International Covenant on Civil and Political Rights (ICCPR, 1966)
and its Optional Protocol, and the International Covenant on Economic, Social and Cultural
Rights (ICESCR, 1966). Known collectively as the International Bill of Human Rights, these
documents were followed by human rights conventions—treaties that become binding law in
those countries that ratify them. When a UN member state ratifies a convention, it agrees to
abide by its provisions, to change the laws of the country to conform to the convention, and to
report on its progress in doing so.

Lesson I. United Nation’s (UN) International Bill of Human Rights – legal documents

A. The Universal Declaration of Human Rights (UDHR), 1948

Background:
During World War II, the Allies adopted the Four Freedoms —freedom of speech, freedom of
religion, freedom from fear, and freedom from want—as their basic war aims. The United
Nations Charter "reaffirmed faith in fundamental human rights, and dignity and worth of the
human person" and committed all member states to promote "universal respect for, and
observance of, human rights and fundamental freedoms for all without distinction as to race, sex,
language, or religion".

When the atrocities committed by Nazi Germany became fully apparent after World War II, the
consensus within the world community was that the United Nations Charter did not sufficiently
define the rights to which it referred. A universal declaration that specified the rights of
individuals was necessary to give effect to the Charter's provisions on human rights

The Universal Declaration of Human Rights (UDHR) is a milestone document in the history of
human rights. Drafted by representatives with different legal and cultural backgrounds from all
regions of the world, the Declaration was proclaimed by the United Nations General Assembly
in Paris on 10 December 1948 as a common standard of achievements for all peoples and all
nations. It sets out, for the first time, fundamental human rights to be universally protected.

The General Assembly proclaims this universal declaration of human rights as a common
standard of achievement for all peoples and all nations, to the end that every individual and every
organ of society, keeping this Declaration constantly in mind, shall strive by teaching and
education to promote respect for these rights and freedoms and by progressive measures, national
and international, to secure their universal and effective recognition and observance, both among
the peoples of Member States themselves and among the peoples of territories under their
jurisdiction.

Adoption:
The Universal Declaration was adopted by the General Assembly as Resolution 217 on
10 December 1948 in Palais de Chaillot, Paris, as the third United Nations General Assembly
was held there. Of the then 58 members of the United Nations, 48 voted in favor, none against,
eight abstained and Honduras and Yemen failed to vote or abstain.

Contents:
Article 1. All human beings are born free and equal in dignity and rights. They are endowed with
reason and conscience and should act towards one another in a spirit of brotherhood.
(right to equality)

Article 2. Everyone is entitled to all the rights and freedoms set forth in this Declaration, without
distinction of any kind, such as race, color, sex, language, religion, political or other
opinion, national or social origin, property, birth or other status. Furthermore, no
distinction shall be made on the basis of the political, jurisdictional or international
status of the country or territory to which a person belongs, whether it be independent,
trust, non-self-governing or under any other limitation of sovereignty. (Freedom from
Discrimination)

Article 3. Everyone has the right to life, liberty and security of person. (Right to Life, Liberty,
Personal Security)

Article 4. No one shall be held in slavery or servitude; slavery and the slave trade shall be
prohibited in all their forms. (Freedom from Slavery)

Article 5. No one shall be subjected to torture or to cruel, inhuman or degrading treatment or

punishment. (Freedom from Torture and Degrading Treatment)

Article 6. Everyone has the right to recognition everywhere as a person before the law. (Right to
Recognition as a Person before the Law)

Article 7. All are equal before the law and are entitled without any discrimination to equal
protection of the law. All are entitled to equal protection against any discrimination in
violation of this Declaration and against any incitement to such discrimination. (Right
to Equality before the Law)

Article 8. Everyone has the right to an effective remedy by the competent national tribunals for
acts violating the fundamental rights granted him by the constitution or by law. (Right
to Remedy by Competent Tribunal)

Article 9. No one shall be subjected to arbitrary arrest, detention or exile. (Freedom from
Arbitrary Arrest and Exile)

Article 10. Everyone is entitled in full equality to a fair and public hearing by an independent and
impartial tribunal, in the determination of his rights and obligations and of any criminal
charge against him. (Right to Fair Public Hearing)

Article 11. (Right to be Considered Innocent until Proven Guilty)

(1) Everyone charged with a penal offence has the right to be presumed innocent until
proved guilty according to law in a public trial at which he has had all the guarantees
necessary for his defense.
(2) No one shall be held guilty of any penal offence on account of any act or omission
which did not constitute a penal offence, under national or international law, at the
 time when it was committed. Nor shall a heavier penalty be imposed than the one that
was applicable at the time the penal offence was committed.

Article 12. No one shall be subjected to arbitrary interference with his privacy, family, home or
correspondence, nor to attacks upon his honor and reputation. Everyone has the right to
the protection of the law against such interference or attacks. (Freedom from
Interference with Privacy, Family, Home and Correspondence)

Article 13. (Right to Free Movement in and out of the Country)

(1) Everyone has the right to freedom of movement and residence within the borders of
each state.
(2) Everyone has the right to leave any country, including his own, and to return to his
country.

Article 14. (Right to Asylum in other Countries from Persecution)

(1) Everyone has the right to seek and to enjoy in other countries asylum from
persecution.
(2) This right may not be invoked in the case of prosecutions genuinely arising from non-
political crimes or from acts contrary to the purposes and principles of the United
Nations.

Article 15. (Right to a Nationality and the Freedom to Change It)

(1) Everyone has the right to a nationality.
(2) No one shall be arbitrarily deprived of his nationality nor denied the right to change
his nationality.

Article 16. (Right to Marriage and Family)

(1) Men and women of full age, without any limitation due to race, nationality or religion,
have the right to marry and to found a family. They are entitled to equal rights as to
marriage, during marriage and at its dissolution.
(2) Marriage shall be entered into only with the free and full consent of the intending
spouses.
(3) The family is the natural and fundamental group unit of society and is entitled to
protection by society and the State.

Article 17. (Right to Own Property)

(1) Everyone has the right to own property alone as well as in association with others.
(2) No one shall be arbitrarily deprived of his property.

Article 18. Everyone has the right to freedom of thought, conscience and religion; this right
includes freedom to change his religion or belief, and freedom, either alone or in
community with others and in public or private, to manifest his religion or belief in
teaching, practice, worship and observance. (Freedom of Belief and Religion)

Article 19. Everyone has the right to freedom of opinion and expression; this right includes
freedom to hold opinions without interference and to seek, receive and impart
 information and ideas through any media and regardless of frontiers. (Freedom of
Opinion and Information)

Article 20. (Right of Peaceful Assembly and Association)

(1) Everyone has the right to freedom of peaceful assembly and association,
(2) No one may be compelled to belong to an association.

Article 21. (Right to Participate in Government and in Free Elections)

(1) Everyone has the right to take part in the government of his country, directly or
through freely chosen representatives.
(2) Everyone has the right of equal access to public service in his country.
(3) The will of the people shall be the basis of the authority of government; this will shall
be expressed in periodic and genuine elections which shall be by universal and equal
suffrage and shall be held by secret vote or by equivalent free voting procedures.

Article 22. Everyone, as a member of society, has the right to social security and is entitled to
realization, through national effort and international co-operation and in accordance with
the organization and resources of each State, of the economic, social and cultural rights
indispensable for his dignity and the free development of his personality. (Right to Social
Security)

Article 23. (Right to Desirable Work and to Join Trade Unions)

(1) Everyone has the right to work, to free choice of employment, to just and favourable
conditions of work and to protection against unemployment.
(2) Everyone, without any discrimination, has the right to equal pay for equal work.
(3) Everyone who works has the right to just and favourable remuneration ensuring for
himself and his family an existence worthy of human dignity, and supplemented, if
necessary, by other means of social protection.
(4) Everyone has the right to form and to join trade unions for the protection of his
interests.

Article 24. Everyone has the right to rest and leisure, including reasonable limitation of working
hours and periodic holidays with pay. (Right to Rest and Leisure)

Article 25. (Right to Adequate Living Standard)

(1) Everyone has the right to a standard of living adequate for the health and well-being
of himself and of his family, including food, clothing, housing and medical care and
necessary social services, and the right to security in the event of unemployment,
sickness, disability, widowhood, old age or other lack of livelihood in circumstances
beyond his control.
(2) Motherhood and childhood are entitled to special care and assistance. All children,
whether born in or out of wedlock, shall enjoy the same social protection.

Article 26. (Right to Education)

(1) Everyone has the right to education. Education shall be free, at least in the elementary
and fundamental stages. Elementary education shall be compulsory. Technical and
 professional education shall be made generally available and higher education shall be
equally accessible to all on the basis of merit.
(2) Education shall be directed to the full development of the human personality and to
the strengthening of respect for human rights and fundamental freedoms. It shall
promote understanding, tolerance and friendship among all nations, racial or religious
groups, and shall further the activities of the United Nations for the maintenance of
peace.
(3) Parents have a prior right to choose the kind of education that shall be given to their
children.

Article 27. (Right to Participate in the Cultural Life of Community)

(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 interests resulting
from any scientific, literary or artistic production of which he is the author.

Article 28. Everyone is entitled to a social and international order in which the rights and
freedoms set forth in this Declaration can be fully realized. (Right to a Social Order that
Articulates this Document)

Article 29. (Community Duties Essential to Free and Full Development)

(1) Everyone has duties to the community in which alone the free and full development
of his personality is possible.
(2) In the exercise of his rights and freedoms, everyone shall be subject only to such
limitations as are determined by law solely for the purpose of securing due
recognition and respect for the rights and freedoms of others and of meeting the just
requirements of morality, public order and the general welfare in a democratic
society.
(3) These rights and freedoms may in no case be exercised contrary to the purposes and
principles of the United Nations.

Article 30. Nothing in this Declaration may be interpreted as implying for any State, group or
person any right to engage in any activity or to perform any act aimed at the
destruction of any of the rights and freedoms set forth herein. (Freedom from State or
Personal Interference in the above Rights)

Legal effect:
While not a treaty itself, the Declaration was explicitly adopted for the purpose of defining the
meaning of the words "fundamental freedoms" and "human rights" appearing in the United
Nations Charter, which is binding on all member states. For this reason, the Universal
Declaration of Human Rights is a fundamental constitutive document of the United Nations. In
addition, many international lawyers believe that the Declaration forms part of customary
international law and is a powerful tool in applying diplomatic and moral pressure to
governments that violate any of its articles.
The 1968 United Nations International Conference on Human Rights advised that the
Declaration "constitutes an obligation for the members of the international community" to all
persons. The Declaration has served as the foundation for two binding UN human rights
covenants: the International Covenant on Civil and Political Rights and the International
Covenant on Economic, Social and Cultural Rights. The principles of the Declaration are
elaborated in international treaties such as the International Convention on the Elimination of All
Forms of Racial Discrimination, the International Convention on the Elimination of
Discrimination against Women, the United Nations Convention on the Rights of the Child,
the United Nations Convention against Torture, and many more.

B. The International Covenant on Civil and Political Rights (ICCPR), 1966

Background:
The United Nations International Covenant of Civil and Political Rights (ICCPR) attempts to
ensure the protection of civil and political rights. It was adopted by the United Nations’ General
Assembly on December 19, 1966, and it came into force on March 23, 1976. The International
Covenant on Economic Social and Cultural Rights, the Universal Declaration of Human Rights,
and the ICCPR and its two Optional Protocols, are collectively known as the International Bill of
Rights.
Purpose:
The ICCPR recognizes the inherent dignity of each individual and undertakes to promote
conditions within states to allow the enjoyment of civil and political rights. Countries that have
ratified the Covenant are obligated ―to protect and preserve basic human rights and to take
administrative, judicial, and legislative measures in order to protect the rights enshrined in the
treaty and to provide an effective remedy.‖ There are currently 74 signatories and 168 parties to
the ICCPR.

Content:
The unifying themes and values of the ICCPR are found in Articles 2 and 3 and are based on the
notion of non-discrimination. Article 2 ensures that rights recognized in the ICCPR will be
respected and be available to everyone within the territory of those states who have ratified the
Covenant (State Party). Article 3 ensures the equal right of both men and women to the
enjoyment of all civil and political rights set out in the ICCPR.

The rights protected under the ICCPR include:

Article 6 – Right to life.
Article 7 – Freedom from torture.
Article 8 – Right to not be enslaved.
Article 9 – Right to liberty and security of the person.
Article 10 – Rights of detainees.
Article 11 – Right to not be imprisoned merely on the ground of inability to fulfill a contractual
obligation.
Article 12 – Freedom of movement and choice of residence for lawful residents.
Article 13 – Rights of aliens.
Article 14 – Right to a fair trial. (Equality before the courts and tribunals)
Article 15 – No one can be guilty of an act of a criminal offence which did not constitute a
criminal offense.
Article 16 – Right to recognition as a person before the law.
Article 17 – Freedom from arbitrary or unlawful interference.
Article 18 – Right to freedom of thought, conscience and religion.
Article 19 – Right to hold opinions without interference.
Article 20 – Propaganda for war shall be prohibited by law.
Article 21 – Right of peaceful assembly.
Article 22 – Right to freedom of association with others.
Article 23 – Right to marry.
Article 24 – Children’s rights
Article 25 – Right to political participation.
Article 26 – Equality before the law.
Article 27 – Minority protection.

Limitations:
Article 4 of ICCPR allows for certain circumstances for States Parties to derogate from their
responsibilities under the Covenant, such as during times of public emergencies. However, State
Parties may not derogate from Articles 6, 7, 8 (paragraphs I and 2), 11, 15, 16 and 18.

Enforcement:
Article 2(2) of ICCPR provides that State Parties are to take the ―necessary steps…. to adopt
such laws or other measures as may be necessary to give effect to the rights recognized in the
present Covenant.‖ Countries that have ratified the ICCPR must takes steps in their own
jurisdictions to recognize the acceptance of this international covenant because, in ―international
law, a signature does not usually bind a State. The treaty is usually subject to a future ratification,
acceptance, approval or accession.‖

In addition to State Parties’ formally adopting and recognizing the ICCPR in their jurisdiction,
Article 28 of ICCPR provides for a Human Rights Committee (Committee) to be established for
monitoring the State Parties’ implementation of the Covenant. State Parties are required to
submit reports to the Committee for review, on measures used to adopt and give effect to the
rights enshrined in the ICCPR.

C. The International Covenant on Economic, Social, and Cultural Rights (ICESCR), 1966
Background
The International Covenant on Economic, Social and Cultural Rights and the International
Covenant on Civil and Political Rights were adopted by the General Assembly by its resolution
2200 A (XXI) of 16 December 1966.

The preambles and articles 1, 3 and 5 of the two International Covenants are almost identical.
The preambles recall the obligation of States under the Charter of the United Nations to promote
human rights; remind the individual of his responsibility to strive for the promotion and
observance of those rights; and recognize that, in accordance with the Universal Declaration of
Human Rights, the ideal of free human beings enjoying civil and political freedom and freedom
from fear and want can be achieved only if conditions are created whereby everyone may enjoy
his civil and political rights, as well as his economic, social and cultural rights.

Content
Article 1 of each Covenant states that the right to self-determination is universal and calls upon
States to promote the realization of that right and to respect it. The article provides that ―All
peoples have the right of self-determination‖ and adds that ―By virtue of that right they freely
determine their political status and freely pursue their economic, social and cultural
development‖.

Article 3, in both cases, reaffirms the equal right of men and women to the enjoyment of all
human rights, and enjoins States to make that principle a reality.

Article 5, in both cases, provides safeguards against the destruction or undue limitation of any
human right or fundamental freedom, and against misinterpretation of any provision of the
Covenants as a means of justifying infringement of a right or freedom or its restriction to a
greater extent than provided for in the Covenants. It also prevents States from limiting rights
already enjoyed within their territories on the ground that such rights are not recognized, or
recognized to a lesser extent, in the Covenants.

Article 4, on the other hand provides that the International Covenant on Economic, Social and
Cultural Rights states that the rights provided for therein may be limited by law, but only in so
far as it is compatible with the nature of the rights and solely to promote the general welfare in a
democratic society.

Articles 6 to 15 of the International Covenant on Economic, Social and Cultural Rights recognize
the rights:
 to work (art. 6);
 to the enjoyment of just and favorable conditions of work (art. 7);
 to form and join trade unions (art. 8);
 to social security, including social insurance (art. 9);
 to the widest possible protection and assistance for the family, especially mothers,
children and young persons (art. 10);
 to an adequate standard of living (art. 11);
 to the enjoyment of the highest attainable standard of physical and mental health (art.
12);
 to education (arts. 13 and 14); and
 to take part in cultural life (art. 15).

The International Covenant on Economic, Social and Cultural Rights entered into force on 3
January 1976, three months after the date of deposit with the Secretary-General of the thirty-fifth
instrument of ratification or accession, as provided in article 27.

Lesson II. Other International Instruments

A. The Convention against Torture and other Cruel, Inhuman or Degrading treatment or
Punishment, 1984
Background
The Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment (commonly known as the United Nations Convention against Torture (UNCAT)) is
an international human rights treaty, under the review of the United Nations, that aims to
prevent torture and other acts of cruel, inhuman, or degrading treatment or punishment around
the world.

The Convention requires states to take effective measures to prevent torture in

any territory under their jurisdiction, and forbids states to transport people to any country where
there is reason to believe they will be tortured.

The text of the Convention was adopted by the United Nations General Assembly on 10
December 1984 and, following ratification by the 20th state party, it came into force on 26 June
1987. 26 June is now recognized as the International Day in Support of Victims of Torture, in
honor of the Convention. Since the convention's entry into force, the absolute prohibition against
torture and other acts of cruel, inhuman, or degrading treatment or punishment has become
accepted as a principle of customary international law. As of June 2020, the Convention has 170
state parties.

Content
The Convention follows the structure of the Universal Declaration of Human
Rights (UDHR), International Covenant on Civil and Political Rights (ICCPR) and
the International Covenant on Economic, Social and Cultural Rights (ICESCR), with a preamble
and 33 articles, divided into three parts:

Part I (Articles 1–16) contains a definition of torture (Article 1), and commits parties to taking
effective measures to prevent any act of torture in any territory under their jurisdiction (Article
2). These include ensuring that torture is a criminal offense under a party's municipal
law (Article 4), establishing jurisdiction over acts of torture committed by or against a party's
nationals (Article 5), ensuring that torture is an extraditable offense (Article 8), and
establishing universal jurisdiction to try cases of torture where an alleged torturer cannot be
extradited (Article 5). Parties must promptly investigate any allegation of torture (Articles 12 and
13), and victims of torture, or their dependents in case victims died as a result of torture, must
have an enforceable right to compensation (Article 14). Parties must also ban the use
of evidence produced by torture in their courts (Article 15), and are barred from deporting,
extraditing, or refouling people where there are substantial grounds for believing they will be
tortured (Article 3).

Parties are required to train and educate their law enforcement personnel, civilian or militar
personnel, medical personnel, public officials, and other persons involved in
the custody, interrogation, or treatment of any individual subjected to any form of arrest,
detention, or imprisonment, regarding the prohibition against torture (Article 10). Parties also
must keep interrogation rules, instructions, methods, and practices under systematic review
regarding individuals who are under custody or physical control in any territory under their
jurisdiction, in order to prevent all acts of torture (Article 11). Parties are also obliged to prevent
all acts of cruel, inhuman, or degrading treatment or punishment in any territory under their
jurisdiction, and to investigate any allegation of such treatment. (Article 16).

Part II (Articles 17–24) governs reporting and monitoring of the Convention and the steps taken
by the parties to implement it. It establishes the Committee against Torture (Article 17), and
empowers it to investigate allegations of systematic torture (Article 20). It also establishes an
optional dispute-resolution mechanism between parties (Article 21) and allows parties to
recognize the competence of the Committee to hear complaints from individuals about violations
of the Convention by a party (Article 22).

Part III (Articles 25–33) governs ratification, entry into force, and amendment of the
Convention. It also includes an optional arbitration mechanism for disputes between parties
(Article 30).

B. The Convention on the Elimination of All Forms of Discrimination against Women, 1979
Background
Adopted in 1979 by the UN General Assembly, is often described as an international bill of
rights for women. Consisting of a preamble and 30 articles, it defines what constitutes
discrimination against women and sets up an agenda for national action to end such
discrimination.

The Convention defines discrimination against women as "...any distinction, exclusion or

restriction made on the basis of sex which has the effect or purpose of impairing or nullifying 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 freedoms in the political,
economic, social, cultural, civil or any other field."

By accepting the Convention, States commit themselves to undertake a series of measures to end
discrimination against women in all forms, including:
 to incorporate the principle of equality of men and women in their legal system, abolish
all discriminatory laws and adopt appropriate ones prohibiting discrimination against
women;
 to establish tribunals and other public institutions to ensure the effective protection of
women against discrimination; and
 to ensure elimination of all acts of discrimination against women by persons,
organizations or enterprises.

The Convention provides the basis for realizing equality between women and men through
ensuring women's equal access to, and equal opportunities in, political and public life --
including the right to vote and to stand for election -- as well as education, health and
employment. States parties agree to take all appropriate measures, including legislation and
temporary special measures, so that women can enjoy all their human rights and fundamental
freedoms.
The Convention is the only human rights treaty which affirms the reproductive rights of women
and targets culture and tradition as influential forces shaping gender roles and family relations. It
affirms women's rights to acquire, change or retain their nationality and the nationality of their
children. States parties also agree to take appropriate measures against all forms of traffic in
women and exploitation of women.

Countries that have ratified or acceded to the Convention are legally bound to put its provisions
into practice. They are also committed to submit national reports, at least every four years, on
measures they have taken to comply with their treaty obligations.

C. The Convention on the Rights of the Child, 1989

Background
The United Nations Convention on the Rights of the Child (UNCRC) is a legally-binding
international agreement setting out the civil, political, economic, social and cultural rights of
every child, regardless of their race, religion or abilities.

The UNCRC consists of 54 articles that set out children’s rights and how governments should
work together to make them available to all children.

Under the terms of the convention, governments are required to meet children’s basic needs and
help them reach their full potential. Central to this is the acknowledgment that every child has
basic fundamental rights. These include the right to:
 Life, survival and development
 Protection from violence, abuse or neglect
 An education that enables children to fulfil their potential
 Be raised by, or have a relationship with, their parents
 Express their opinions and be listened to.

In 2000, two optional protocols were added to the UNCRC. One asks governments to ensure
children under the age of 18 are not forcibly recruited into their armed forces. The second calls
on states to prohibit child prostitution, child pornography and the sale of children into slavery.
These have now been ratified by more than 120 states. A third optional protocol was added in
2011. This enables children whose rights have been violated to complain directly to the UN
Committee on the Rights of the Child.

Since it was adopted by the United Nations in November 1989, 196 countries have signed up to
the UNCRC, with only one country still to ratify. All countries that sign up to the UNCRC are
bound by international law to ensure it is implemented. This is monitored by the Committee on
the Rights of the Child. The UNCRC is also the only international human rights treaty to
give non-governmental organizations (NGOs), like Save the Children, a direct role in overseeing
its implementation.