Following the atrocities of Nazi Germany, the United Nations saw the need to clarify what constitutes the rights of an individual, hence the drafting of the Universal Declaration for Human Rights. The declaration is a non-binding one, meaning it merely acts as a guideline for countries. Nonetheless, being part of international law, it is useful in affecting moral pressure on governments who violate the articles in the declaration. There are 30 articles, and here is a summary of the freedoms found within the articles:
1. All human beings are equal in dignity and rightsThis addresses discrimation based on descent such as can be seen in the caste system of India. Dalits are viewed as below the caste system and are treated unfairly: they suffer from wage discrimination, do not own land, cannot use the same wells etc. They are the poorest of Indians.
2. All people are entitled to rights without distinction based on race, color, sex, religion, language, opinion, origin, property, birth or residency
This addresses rascism. It denounces the theory of racial superiority e.g. the Aryan race, or racial inferiority e.g. the Africans
3. Right to life, liberty and security
e.g. The indiscriminate use of land mines denies the right to life and security of civillians in India and Pakistan.
4. Freedom from slaverye.g. The trafficking of children in West Africa. Traffickers usually approach impoverished families and offer them as little as US $15 to hand their son or daughter over to an employer. Many of the families who agree to sell their children hope that their child's employment will lead them to a better life filled with more opportunities. The children are then made to work without wages. Many are sold as prostitutes.
5. Freedom from tortureThe term "torture" means any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person. e.g. In 1970s Mexico, the government tortured left-wing activists.
6. Right to be treated equally by the law
7. Right to equal protection by the lawe.g. The Sharia law is accused of not protecting men/women and Muslims/non-Muslims equally. In Saudi Arabia, a women's testimony in court is worth half that of a man's testimony, according to a Human Rights Watch report in 2002.
8. Right for all to effective remedy by competent tribunalThis addresses domestic violence. The UN defines domestic violence as: "the use of force or threats of force by a husband or boyfriend for the purpose of coercing and intimidating a woman into submission. The violence can take the form of pushing, hitting, choking, slapping, kicking, burning or stabbing." These women are not able to seek effective remedy within the legal system.
9. Freedom from arbitrary arreste.g The Patriot Act in US. Increased powers to monitor and detain suspected terrorists without charge or trial. The excuse used is that the nation is in a state of public emergency following the September 11 attacks.
10. Right to fair public hearing by independent tribunale.g. The prisoners of Guantanamo Bay. The US imprisoned around 600 men from at least 43 different countries in a camp in a US naval base in Guantanamo Bay, Cuba. The aim was to interrogate them about their suspected involvement in the al-Qaeda terrorist network. However, none of the foreign nationals in US custody has been granted access to legal counsel.
11. Right to presumption of innocence until proven guilty at public trial with all guarantees necessary for defencee.g. Legal proceedings in Malaysia. Anwar Ibrahim, the former Deputy Prime Minister of Malaysia and leader of a popular pro-reform movement, was sentenced to a total of 15 years in prison a trial widely seen as politically-motivated. His right to be presumed innocent was undermined by statements by the Prime Minister, and his counsel was prevented from presenting a full defence by threats of contempt of court proceedings.
12. Right to privacy in home, family and correspondence
e.g. Privacy on the Internet. In the UK, the Regulation of Investigatory Powers (RIP) Act of 2000 allows a limited group of government authorities to demand private information about people's Internet and mobile phone habits from the companies that provide connections
13. Freedom of movement in your own country, and the right to leave/return to any countries.e.g. Villagers internally displaced in Turkey. During the 15-year conflict between government forces and the armed Kurdish Workers' Party (PKK), Kurdish villagers were forced out of their homes and off their land by Turkish security forces and paramilitary village guards with the aim of depriving the PKK of access to shelter, food, and recruits.
14. Right to political asylum in other countries
e.g. Asylum seekers in Australia. Australia prevents illegal immigrants from entering its shores.
15. Right to nationalitye.g. Issue of Nationality in Cote d'Ivoire. In the 1990s, Ivorian political leaders adopted a series of measures which denied the possibility of citizenship to immigrants and their children and have resulted in the arbitrary arrest, deportation, and even murder, of some foreign nationals.
16. Right to marriage and family, and to equal rights of men and women during and after marriageIn South Asia and sub-Saharan Africa, girls under 18 are forced to get married for economic and cultural reasons.
17. Right to own propertye.g. Land reform in Zimbabwe. The government seized 35m acres of land from rich, white farmers for redistribution to poor, landless black Zimbabweans.
18. Freedom of thought, conscience, religion19. Freedom of opinion and expression20. Freedom of assembly21. Right to take part in and select government22. Right to social security and realization of economic, social and cultural rights 23. Right to work, to equal pay for equal work, to join trade unions24. Right to reasonable hours of work and paid holidays25. Right to adequate living standard for self and family, including food, housing, clothing, medical care & social security26. Right to education27. Right to participate in cultural life, and to protect intellectual property rights28. Right to social and international order permitting these freedoms to be realized29. Each person has responsibilities to the community and others as essential for a democratic societye.g. The use of guns in the US. Given the right to bear arms, 66% of murders in 2000 were committed with firearms.
30. Repression in the name of rights is unacceptablee.g. The concept of Asian values. The notion of 'Asian values' has been used by various governments in the region to argue that a western style free press is not appropriate for Asia.
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