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Recognition of the inherent dignity and of the equal and inalienable rights of all members of
the human family is the foundation of freedom, justice and peace in the world.
Human rights are held by all persons equally, universally and forever.
Human rights are universal: They are always the same for all human beings
everywhere in the world. You do not have human rights because you are a citizen of
any country but because you are a member of the human family. This means children
have human rights as well as adults.
Human rights are inalienable: You cannot lose these rights any more than you can
cease to be a human being.
Human rights are indivisible: No-one can take away a right because it is less
important or non-essential.
Human rights are interdependent: Together human rights form a complementary
framework. For example, your ability to participate in local decision making is
directly affected by your right to express yourself, to associate with others, to get an
education and even to obtain the necessities of life.
Human rights are interdependent: Together human rights form a complementary
framework. For example, your ability to participate in local decision making is
directly affected by your right to express yourself, to associate with others, to get an
education and even to obtain the necessities of life.
Human rights reflect basic human needs. They establish basic standards without
which people cannot live in dignity. To violate someones human rights is to treat that
person as though he or she were not a human being. To advocate human rights is to
demand that the human dignity of all people be respected.
In claiming these human rights, everyone also accepts responsibilities: to respect the
rights of others and to protect and support people whose rights are abused or denied.
Meeting these responsibilities means claiming solidarity with all other human beings.
Definition:
Human rights are rights inherent to all human beings, whatever our nationality, place
of residence, sex, national or ethnic origin, colour, 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.
-United Nations Human Rights
(Office of High Commissioner)
Universal human rights are often expressed and guaranteed by law, in the forms of treaties,
customary international law, general principles and other sources of international law.
International human rights law lays down obligations of Governments to act in certain ways
or to refrain from certain acts, in order to promote and protect human rights and fundamental
freedoms of individuals or groups.
QUESTION: Are there non-governmental organisations in your country that monitor and
advocate for human rights? Do any especially work on childrens rights? What do they do? Are
they eff ective?
The evolution of a human rights convention:
The creation of a human rights convention involves the collaborative efforts of many
individuals and institutions.
The starting point is always a perceived need, a human rights problem that needs to be
addressed by the international community.
It may be a general need to codify basic rights, such as those in the Covenants, or a
specific global concern, such as the proliferation of land mines or the trafficking of
persons.
The Convention on the Rights of the Child provides an example of the process by
which a human rights convention evolves and the role of NGOs in its creation.
1. Identification of a problem:
Efforts to protect children from abuse and exploitation date back to the nineteenth
century, when children were generally regarded as the property of their parents until
they reached the age of maturity, generally twenty-one.
Reformers focused on child labour and abuse of homeless or orphaned children. In
1923 Eglantine Jebb drafted The Declaration on the Rights of the Child, which was
adopted by the League of Nations in 1924.
However, neither the UDHR nor the conventions that evolved as the UN human rights
framework made any specific notice of the rights of children.
These documents tacitly generalised that like every human being, children had human
rights, but they failed to recognize children as rights-bearing individuals.
2. A statement of general principles:
The first step toward the Childrens Convention was the UN Declaration on the Rights
of the Child
In 1959 a working group drafted ten principles setting forth the basic rights to which
all children should be entitled.
However, as a declaration, these principles were not legally binding on governments.
3. Drafting process:
These principles then needed to be codified in a convention.
The formal drafting process for the Childrens Convention lasted nine years.
During which representatives of governments, intergovernmental agencies, such as
UNICEF and UNESCO, and nongovernmental organisations large (e.g. Save the
Children, the International Red Cross, Oxfam) and small (e.g. national organisations
working on specifi c issues such as child labour, health, education or sports) worked
together to create consensus on the language of the convention.
4. Adoption:
The Childrens Convention was adopted by the UN General Assembly in 1989.
5. Ratification:
Ratification is a principal's approval of an act of its agent where the agent lacked
authority to legally bind the principal.
The Childrens Convention was immediately signed and ratified by more nations in a
shorter period of time than any other UN convention.
6. Entry into force:
As a result of its rapid ratification, the Childrens Convention entered into force as
international law in 1990.
Only a few months after its adoption. Furthermore, the total number of member states
that have ratified the Childrens Convention has surpassed that of all other
conventions.
So far only two member states have not ratified it: Somalia and the United States.
7. Implementation, Monitoring and Advocacy:
As with all human rights conventions, the Childrens Convention provides
individuals, NGOs and international organisations with a legal basis for their
advocacy on behalf of children.
They can motivate a government to ratify a treaty and monitor how they keep their
treaty obligations.
When a government fails to meet these commitments and violates the rights of
children, NGOs can call them to account.
In cases of systematic abuse, individuals and NGOs can bring a case before the
Committee on the Rights of the Child.
CLASSIFICATION OF HUMAN RIGHTS:
Human rights have been mainly classified under four headings, namely, civil rights,
political rights, socio-economic rights and cultural rights.
Civil rights :
I. It Includes freedom of speech, press, assembly, and worship.
II. These rights are enforced and protected through the procedural right of
individual equality before law.
Political rights:
I. The privileges that provide the citizens a share in the exercise of the sovereign
power of the state.
II. Some of the political rights are rights to free elections, and also they permit
the individuals to represent certain social or secular institutions.
Socio-economic
I. Rights include the right to a standard of living adequate for the health and well
being of oneself and his family.
II. They include, food, clothing, housing and medical care and necessary social
services.
III. They also provide the right to security in the event of unemployment, sickness,
disability, widowhood, old age or other lack of livelihood in circumstances
beyond one's control.
IV. In other words, socio-economic rights are rights to education, to a decent
standard of living, to medical treatment, or to freedom from want and fear.
Cultural rights
I. Include the freedom of thought, the freedom of communication, and the
freedom of aesthetic expression and appreciation.
II. Cultural rights include the rights, which gain strength against a threat of mass
manipulation from a monopoly of the public media by certain powerful private
interests.
According to the international human rights mechanisms, this right can be violated
in a variety of ways, including: the deliberate infliction of severe physical or
psychological pain by state agents with the intention of causing suffering; expelling or
returning a person to a country in which they face a real risk of being tortured or
subjected to inhuman or degrading treatment or punishment; keeping persons in very
poor conditions of detention, even if there is no intention to inflict suffering; corporal
(physical) punishment of children in schools.
POLITICAL RIGHTS
These rights guarantee the positive liberty to contribute to the process of governing the affairs
of society in which one lives. Political rights presume that the government processes should
be structured so as to provide opportunities for political participation of all eligible citizens.
According to the modern concept of political rights, every citizen should have the right and
opportunity, without unreasonable restrictions, to take part in the conduct of public affairs,
directly or through chosen representatives.
While political rights are very much emphasized in the US, the percentage of Americans who
choose to actively participate political process is one of the lowest among industrialized
nations. This fact alone speaks volumes about the political environment in which American
citizens are expected to exercise their political freedoms. For example, in the 2000
presidential campaign, for example, less than 50 percent of the eligible voters cast their
ballots. Scholars differ on why this decline in voting has occurred from the high point of the
late 19th century, when voting rates regularly ran at 85 percent or better of qualified voters.
Some historians attribute the decline to the corresponding decline in the importance of
political parties in the daily lives of the people. Others think that the growth of well-moneyed
interest groups has led people to lose interest in elections fought primarily through television
and newspaper advertisements. When non-voters are queried as to why they did not vote the
answers range widely. There are those who did not think that their single vote would make a
difference, and those who did not believe that the issues affected them, as well as those who
just did not care a sad commentary in light of the long historical movement toward
universal suffrage in the United States.
But many people were reminded by the closeness of the 2000 presidential election that the
individual's vote does count. A shift of fractions of a percentage point in half-a-dozen states
could easily have swung the election the other way. Perhaps as a result, Americans in the
future will not take this important right, a right that lies at the very heart of the notion of
"consent of the governed," quite as much for granted.