SCHOOL:

COR MARIAE GIRLS COMPREHENSIVE SECONDARY SCHOOL, ABA

TOPIC:
A TERM PAPER ON UDHR

NAME:
IRIKA OGECHI DEBORAH

CLASS:
S.S.1A

SUBJECT:
CIVIC EDUCATION

TEACHERS NAME:
MRS. EZINNE UKOHA DATE: MARCH, 2014.
1

HISTORICAL BACKGROUND OF HUMAN RIGHT Human rights is a concept that has been constantly evolving throughout human history. They been intricately tied to the laws, customs and religions throughout the ages. One of the first examples of a codification of laws that contain references to individual rights is the tablet of Hammurabi. The tablet was created by the Sumerian king Hammurabi about 4 years ago. !hile considered barbaric by today"s standards, the system of #$# laws created a precedent for a legal system . This kind of precedent and legally binding document protects the people from arbitrary persecution and punishment. The problems with Hammurabi"s code were mostly due to its cause and effect nature, it held no protection on more abstract ideas such as race, religion, beliefs, and individual freedoms. %t was in ancient &reece where the concept of human rights began to take a greater meaning than the prevention of arbitrary persecution. Human rights became synonymous with natural rights, rights that spring from natural law . 'ccording to the &reek tradition of Socrates and (lato, natural law is law that reflects the natural order of the universe, essentially the will of the gods who control nature. ' classic example of this occurs in &reek literature, when )reon reproaches 'ntigone for defying his command to not bury her dead brother, and she replies that she acted under the laws of the gods. This idea of natural rights continued in ancient *ome, where the *oman +urist ,lpian believed that natural rights belonged to every person, whether they were a *oman citi-en or not. .espite this principle, there are fundamental differences between human rights today and natural rights of the past. /or example, it was see as perfectly natural to keep slaves, and such a practice goes counter to the ideas of freedom and e0uality that we associate with human rights today. %n the middle ages and later the renaissance, the decline in power of the church led society to place more of an emphasis on the individual, which in turn caused the shift away from feudal and monarchist societies, letting individual expression flourish. The next fundamental philosophy of human rights arose from the idea of positive law. Thomas Hobbes, 123$$425678 saw natural law as being very vague and hollow and too open to vast differences of interpretation . Therefore under positive law, instead of human rights being absolute, they can be given, taken away, and modified by a society to suit its needs. 9eremy :entham, another legal positivist sums up the essence of the positivist view; *ight is a child of law< from real laws come real rights, but from imaginary law, from =laws of nature,= come imaginary rights>.?atural rights is simple nonsense. 19.:entham, 'narchichical /ollies, 0uotes in ?.@insella, =Tomorrow"s *ights in the Airror of History= in &. &all, ed., )ivil Biberties in )anada 1Toronto;:utterworths, 27$#8, p.26.8 This transfer of abstract ideas regarding human rights and their relation to the will of nature into concrete laws is exemplified best by various legal documents that specifically described these rights in detail. HISTORY OF UDHR (UNIVERSAL DECLARATION OF HUMAN RIGHTS /ifty years ago, the ,nited ?ations &eneral 'ssembly adopted the ,niversal .eclaration of Human *ights as a bulwark against oppression and discrimination. %n the wake of a devastating world war, which had witnessed some of the most barbarous crimes in human history, the ,niversal .eclaration marked the first time that the rights and freedoms of individuals were set forth in such detail. %t also represented the first international recognition 2

that human rights and fundamental freedoms are applicable to every person, everywhere. %n this sense, the ,niversal .eclaration was a landmark achievement in world history. Today, it continues to affect people"s lives and inspire human rights activism and legislation all over the world. The ,niversal .eclaration is remarkable in two fundamental aspects. %n 274$, the then 3$ Aember States of the ,nited ?ations represented a range of ideologies, political systems and religious and cultural backgrounds, as well as different stages of economic development. The authors of the .eclaration, themselves from different regions of the world, sought to ensure that the draft text would reflect these different cultural traditions and incorporate common values inherent in the world"s principal legal systems and religious and philosophical traditions. Aost important, the ,niversal .eclaration was to be a common statement of mutual aspirations 44 a shared vision of a more e0uitable and +ust world. The success of their endeavour is demonstrated by the virtually universal acceptance of the .eclaration. Today, the ,niversal .eclaration, translated into nearly #3 national and local languages, is the best known and most cited human rights document in the world. The foundation of international human rights law, the ,niversal .eclaration serves as a model for numerous international treaties and declarations and is incorporated in the constitutions and laws of many countries. D!"#$%&' $() U&%*)!+", D)-,"!"$%.& The preparatory work for the ,niversal .eclaration of Human *ights is a remarkable and early example of the Organi-ationCs capacity to bring about international cooperation and consensus. The text was drafted in two years D between 9anuary 2746, when the )ommission on Human *ights first met to prepare an %nternational :ill of Human *ights,and .ecember 274$, when the &eneral 'ssembly adopted the ,niversal .eclaration. 'n eight4 member drafting committee prepared the preliminary text of the ,niversal .eclaration.The committee, chaired by Ars. Eleanor *oosevelt, widow of the former ,nited States (resident, agreed on the central importance of affirming universal respect for human rights and fundamental freedoms, including the principles of non4discrimination and civil and political rights, as well as social, cultural and economic rights. The )ommission then revised the draft declaration, in the light of replies from Aember States, before submitting it to the &eneral 'ssembly. The &eneral 'ssembly, in turn, scrutini-ed the document, with the 3$ Aember States voting a total of 2,4 times on practically every word and every clause of the text. There were many debates. Some %slamic States ob+ected to the articles on e0ual marriage rights and on the right to change religious belief, for example, while several !estern countries critici-ed the inclusion of economic, social and cultural rights. On 2 .ecember 274$, the ,nited ?ations &eneral 'ssembly unanimously adopted the ,niversal .eclaration of Human *ights, with $ abstentions. Since then, 2 .ecember is celebrated every year worldwide as Human *ights .ay. The adoption of the .eclaration was immediately hailed as a triumph, uniting very diverse and even conflicting political regimes, religious systems and cultural traditions. .uring 277$, the fiftieth anniversary of the ,niversal .eclaration is being commemorated all over the world as Human *ights Fear. /or the first time in history, the international community embraced a document considered to have universal value 44 =a common standard of achievement for all peoples and all nations=. %ts (reamble acknowledges the importance of a human rights legal framework to maintaining international peace and security, stating that recognition of the inherent dignity and e0ual and inalienable rights of all individuals is the foundation of freedom, +ustice and peace in the 3

world. Elaborating the ,nited ?ations )harter"s declared purpose of promoting social progress and well4being in larger freedom, the .eclaration gives e0ual importance to economic, social and cultural rights and to civil rights and political liberties, and affords them the same degree of protection. The .eclaration has inspired more than 5 international human rights instruments, which together constitute a comprehensive system of legally binding treaties for the promotion and protection of human rights. The ,niversal .eclaration covers the range of human rights in G clear and concise articles. The first two articles lay the universal foundation of human rights; human beings are e0ual because of their shared essence of human dignity< human rights are universal, not because of any State or international organi-ation, but because they belong to all of humanity. The two articles assure that human rights are the birthright of everyone, not privileges of a select few, nor privileges to be granted or denied. 'rticle 2 declares that =all human beings are born e0ual in dignity and rights. They are endowed with reason andconscience and should act towards one another in a spirit of brotherhood.= 'rticle # recogni-es the universal dignity of a life free from discrimination. =Everyone is entitled to all the rights and freedoms set forth in this .eclaration, without distinction of any kind such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.= The first cluster of articles, G to #2, sets forth civil and political rights to which everyone is entitled. The right to life, liberty and personal security, recogni-ed in 'rticle G, sets the base for all following political rights and civil liberties, including freedom from slavery, torture and arbitrary arrest, as well as the rights to a fair trial, free speech and free movement and privacy. The second cluster of articles, ## to#6, sets forth the economic, social and cultural rights to which all human beings are entitled. The cornerstone of these rights is 'rticle ##, acknowledging that, as a member of society, everyone has the right to social security and is therefore entitled to the reali-ation of the economic, social and cultural rights =indispensable= for his or her dignity and free and full personal development. /ive articles elaborate the rights necessary for the en+oyment of the fundamental right to social security, including economic rights related to work, fair remuneration and leisure, social rights concerning an ade0uate standard of living for health, well4being and education, and the right to participate in the cultural life of the community. The third and final cluster of articles, #$ to G , provides a larger protective framework in which all human rights are to be universally en+oyed. 'rticle #$ recogni-es the right to a social and international order that enables the reali-ation of human rights and fundamental freedoms. 'rticle #7 acknowledges that, along with rights, human beings also have obligations to the community which also enable them to develop their individual potential freely and fully. 'rticle G , finally, protects the interpretation of the articles of the .eclaration from any outside interference contrary to the purposes and principles of the ,nited ?ations. %t explicitly states that no State, group or person can claim, on the basis of the .eclaration, to have the right to engage in any activity or to perform any act aimed at the destruction of any of the rights and freedoms set forth in the ,niversal .eclaration. I&$)!&"$%.&", B%,, .# H/0"& R%'($+ Once the ,niversal .eclaration of Human *ights was adopted, the )ommission on Human *ights, the premier human rights intergovernmental body within the ,nited ?ations, set out to translate its principles into international treaties that protected specific rights. &iven the unprecedented nature of the task, the &eneral 'ssembly decided to draft two )ovenants codifying the two sets of rights outlined in the ,niversal .eclaration; )ivil and (olitical *ights 4

and Economic, Social and )ultural *ights. The Aember States debated the individual provisions for two decades, seeking to give explicit endorsement to certain aspects of the universality of human rights only implicitly referred to in the ,niversal .eclaration, such as the right of all peoples to self4determination, as well as reference to certain vulnerable groups, such as indigenous people and minorities. )onsensus was reached in 2755, and the ,nited ?ations &eneral 'ssembly adopted the %nternational )ovenant on Economic, Social and )ultural *ights and the %nternational )ovenant on )ivil and (olitical *ights that year. The preambles and articles 2, #, G and 3 are virtually identical in both %nternational )ovenants. :oth preambles recogni-e that human rights derive from the inherent dignity of human beings. 'rticle 2 of each )ovenant affirms that all peoples have the right of self4determination and that by virtue of that right they are free to determine their political status and to pursue their economic, social and cultural development. 'rticle #, in both cases, reaffirms the principle of non4discrimination, echoing the ,niversal .eclaration, while 'rticle G stresses that States should ensure the e0ual right of men and women to the en+oyment of all human rights. 'rticle 3 of both )ovenants echoes the final provision of the ,niversal .eclaration, providing safeguards against the destruction or undue limitation of any human right or fundamental freedom. Two Optional (rotocols elaborate certain provisions of the )ovenant on )ivil and (olitical *ights, one providing for complaints by individuals, the other advocating the abolition of the death penalty. !hen they entered into force in 2765, the two %nternational )ovenants made many of the provisions of the ,niversal .eclaration effectively binding for States that ratified them. These two %nternational )ovenants, together with the ,niversal .eclaration and the Optional (rotocols, comprise the %nternational :ill of Human *ights. Over 5 human rights treaties elaborate fundamental rights and freedoms contained in the %nternational :ill of Human *ights, addressing concerns such as slavery, genocide, humanitarian law, the administration of +ustice, social development, religious tolerance, cultural cooperation, discrimination, violence against women, and the status of refugees and minorities. The following four )onventions, relating to racial discrimination, torture, women and children, are considered core human rights treaties, together with the two %nternational )ovenants; The %nternational )onvention on the Elimination of 'll /orms of *acial .iscrimination 1adopted in 2753Hentry into force 27578 was a ground4breaking treaty defining and condemning racial discrimination. )alling for national measures towards the advancement of specific racial or ethnic groups, the )onvention also makes the dissemination of ideas based on racial superiority or inspiring racial hatred punishable by law. The )onvention on the Elimination of 'll /orms of .iscrimination against !omen 12767H27$28 specifies measures for the advancement and empowerment of women in private and public life, particularly in the areas of education, employment, health, marriage and the family. The )onvention against Torture and Other )ruel, %nhuman or .egrading Treatment or (unishment 127$4H27$68 bans torture and rape as weapons of war. %n 277$, in a ma+or effort to help torture victims and to step up international attempts to end torture, the ,nited ?ations declared #5 9une as the annual %nternational .ay in Support of Iictims of Torture. The )onvention on the *ights of the )hild 127$7H277 8 is the most universally ratified human rights )onvention. Only two Aember States, the ,nited States and Somalia, are not yet 5

parties to the )onvention, which protects children, among other things, from economic and sexual exploitation. Some 24 States have incorporated provisions of the )onvention on the *ights of the )hild into their constitutions, while G3 have passed new laws conforming to the )onvention or amended laws related to child abuse, child labour and adoption. Other Aember States have extended the length of compulsory education, guaranteed child refugees and minority children special protection or reformed +uvenile +ustice systems, as stipulated by the )onvention. 1.!,2 C.&#)!)&-) .& H/0"& R%'($+ The ,nited ?ations designated 275$ as the %nternational Fear for Human *ights to mark the twentieth anniversary of the ,niversal .eclaration on Human *ights, and convened an %nternational )onference on Human *ights in Tehran, %ran, to enhance national and international human rights efforts and initiatives. 'fter evaluating the impact of the ,niversal .eclaration on national legislation and +udicial decisions, the )onference approved the (roclamation of Tehran, which formulated a programme for the future, addressing the problems of colonialism, racial discrimination, illiteracy and the protection of the family. The Tehran (roclamation emphasi-ed particularly the principle of non4discrimination, condemning the policy of apartheid as a =crime against humanity=, and urged the international community to ratify the %nternational )ovenants on )ivil and (olitical *ights and on Economic, Social and )ultural *ights adopted by the ,nited ?ations two years earlier. Twenty4five years later, the !orld )onference on Human *ights, convened in Iienna in 277G, reassessed the progress of ,nited ?ations human rights work over the years. The Iienna )onference was marked by an unprecedented degree of support by the international community. Some 6, participants, including delegations from 262 States and representatives of more than $4 non4governmental organi-ations, gathered for two weeks to set out a revitali-ed programme for global human rights action. There was broad consensus that, with fundamental rights codified and the essential machinery in place, it was time to implement the established human rights standards and norms with greater vigilance. %n adopting the Iienna .eclaration and (rogramme of 'ction by consensus, the !orld )onference reaffirmed the centrality of the ,niversal .eclaration for human rights protection, and recogni-ed, for the first time unanimously, the right to development as an inalienable right and an integral part of international human rights law. The )onference also emphasi-ed that, as human rights are universal and indivisible as well as interrelated and interdependent, they should be promoted in e0ual manner. The delegates re+ected arguments that some human rights were optional or subordinate to cultural traditions and practices. The Iienna )onference thus gave high priority to preserving the integrity of the ,niversal .eclaration. &iving new impetus to the worldwide implementation of human rights norms, the )onference emphasi-ed that most violations could be addressed by forcefully implementing existing norms through the mechanisms already available. Stating that the protection and promotion of human rights are the =first responsibility= of &overnments, the Iienna .eclaration recogni-ed democracy as a human right, thus strengthening the promotion of democracy and the rule of law. 'lso, giving high priority to the universal ratification of international human rights treaties, the !orld )onference urged States especially to ratify promptly the )onvention on the *ights of the )hild and the )onvention on the Elimination of 'll /orms of .iscrimination against !omen. Similarly, the )onference took innovative steps to protect the rights of vulnerable groups and to bring women"s rights into the mainstream of ,nited ?ations human rights work, supporting the 6

establishment of a Special *apporteur on violence against women and calling for an international decade of the world"s indigenous peoples. The !orld )onference had a catalytic role in revitali-ing the human rights programme of the ,nited ?ations. The Iienna .eclaration and (rogramme of 'ction provides the international community with a new framework of planning, dialogue and cooperation that enables an integrated approach to promoting human rights. The recognition of the interdependence between democracy, development and human rights, for example, laid the groundwork for increased cooperation among international development agencies and national organi-ations in promoting human rights. The Iienna .eclaration states, for the first time explicitly, that all organs, programmes and speciali-ed agencies of the ,nited ?ations system should have a central role in strengthening human rights. %ts key institutional recommendation, however, was the establishment of the post of ,nited ?ations High )ommissioner for Human *ights to coordinate all human rights activities system4wide. The !orld )onference also called for a comprehensive five4year review of the progress made in the implementation of the Iienna .eclaration and (rogramme of 'ction in 277$. This review coincides with the fiftieth anniversary of the adoption of the ,niversal .eclaration of Human *ights. 30 ORIGINAL ARTICLES OF UDHR THE GENERAL ASSEMBLY 4!.-,"%0+ THIS UNIVERSAL DECLARATION OF HUMAN RIGHTS as a common standard of achievement for all peoples and all nations, to the end that every individual and every organ of society, keeping this .eclaration constantly in mind, shall strive by teaching and education to promote respect for these rights and freedoms and by progressive measures, national and international, to secure their universal and effective recognition and observance, both among the peoples of Aember States themselves and among the peoples of territories under their +urisdiction. A!$%-,) 1.

'll human beings are born free and e0ual in dignity and rights.They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood.

A!$%-,) 2.

Everyone is entitled to all the rights and freedoms set forth in this .eclaration, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. /urthermore, no distinction shall be made on the basis of the political, +urisdictional or international status of the country or territory to which a person belongs, whether it be independent, trust, non4self4governing or under any other limitation of sovereignty.

A!$%-,) 3.

Everyone has the right to life, liberty and security of person.

A!$%-,) 4.

?o one shall be held in slavery or servitude< slavery and the slave trade shall be prohibited in all their forms.

A!$%-,) 5. 7

?o one shall be sub+ected to torture or to cruel, inhuman or degrading treatment or punishment.

A!$%-,) 6.

Everyone has the right to recognition everywhere as a person before the law.

A!$%-,) 7.

'll are e0ual before the law and are entitled without any discrimination to e0ual protection of the law. 'll are entitled to e0ual protection against any discrimination in violation of this .eclaration and against any incitement to such discrimination.

A!$%-,) 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.

A!$%-,) 9.

?o one shall be sub+ected to arbitrary arrest, detention or exile.

A!$%-,) 10.

Everyone is entitled in full e0uality 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.

A!$%-,) 11.

128 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 defence. 1#8 ?o 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. ?or shall a heavier penalty be imposed than the one that was applicable at the time the penal offence was committed.

A!$%-,) 12.

?o one shall be sub+ected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honour and reputation. Everyone has the right to the protection of the law against such interference or attacks.

A!$%-,) 13.

128 Everyone has the right to freedom of movement and residence within the borders of each state. 1#8 Everyone has the right to leave any country, including his own, and to return to his country.

A!$%-,) 14. 8

128 Everyone has the right to seek and to en+oy in other countries asylum from persecution. 1#8 This right may not be invoked in the case of prosecutions genuinely arising from non4political crimes or from acts contrary to the purposes and principles of the ,nited ?ations.

A!$%-,) 15.

128 Everyone has the right to a nationality. 1#8 ?o one shall be arbitrarily deprived of his nationality nor denied the right to change his nationality.

A!$%-,) 16.

128 Aen 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 e0ual rights as to marriage, during marriage and at its dissolution. 1#8 Aarriage shall be entered into only with the free and full consent of the intending spouses. 1G8 The family is the natural and fundamental group unit of society and is entitled to protection by society and the State.

A!$%-,) 17.

128 Everyone has the right to own property alone as well as in association with others. 1#8 ?o one shall be arbitrarily deprived of his property.

A!$%-,) 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.

A!$%-,) 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.

A!$%-,) 20.

128 Everyone has the right to freedom of peaceful assembly and association. 1#8 ?o one may be compelled to belong to an association.

A!$%-,) 21.

128 Everyone has the right to take part in the government of his country, directly or through freely chosen representatives. 1#8 Everyone has the right of e0ual access to public service in his country. 1G8 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 9

e0ual suffrage and shall be held by secret vote or by e0uivalent free voting procedures. A!$%-,) 22.

Everyone, as a member of society, has the right to social security and is entitled to reali-ation, through national effort and international co4operation and in accordance with the organi-ation and resources of each State, of the economic, social and cultural rights indispensable for his dignity and the free development of his personality.

A!$%-,) 23.

128 Everyone has the right to work, to free choice of employment, to +ust and favourable conditions of work and to protection against unemployment. 1#8 Everyone, without any discrimination, has the right to e0ual pay for e0ual work. 1G8 Everyone who works has the right to +ust 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. 148 Everyone has the right to form and to +oin trade unions for the protection of his interests.

A!$%-,) 24.

Everyone has the right to rest and leisure, including reasonable limitation of working hours and periodic holidays with pay.

A!$%-,) 25.

128 Everyone has the right to a standard of living ade0uate for the health and well4 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. 1#8 Aotherhood and childhood are entitled to special care and assistance. 'll children, whether born in or out of wedlock, shall en+oy the same social protection.

A!$%-,) 26.

128 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 e0ually accessible to all on the basis of merit. 1#8 Education shall be directed to the full development of the human personality and to the strengthening of respect for human rights and fundamental freedoms. %t shall promote understanding, tolerance and friendship among all nations, racial or religious groups, and shall further the activities of the ,nited ?ations for the maintenance of peace. 1G8 (arents have a prior right to choose the kind of education that shall be given to their children.

A!$%-,) 27.

10

128 Everyone has the right freely to participate in the cultural life of the community, to en+oy the arts and to share in scientific advancement and its benefits. 1#8 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.

A!$%-,) 28.

Everyone is entitled to a social and international order in which the rights and freedoms set forth in this .eclaration can be fully reali-ed.

A!$%-,) 29.

128 Everyone has duties to the community in which alone the free and full development of his personality is possible. 1#8 %n the exercise of his rights and freedoms, everyone shall be sub+ect 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 +ust re0uirements of morality, public order and the general welfare in a democratic society. 1G8 These rights and freedoms may in no case be exercised contrary to the purposes and principles of the ,nited ?ations.

A!$%-,) 30.

?othing in this .eclaration 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. SEVEN CORE FREEDOM OF THE UDHR

R%'($ $. ,%#) Every human being has the inherent right to life. This right shall be protected by law. ?o one shall be arbitrarily deprived of his life. J'rticle 5.2 of the %nternational )ovenant on )ivil and (olitical *ights The right to life is the essential right that a human being has the right not to be killed by another human being. The concept of a right to life is central to debates on the issues of abortion, capital punishment, euthanasia, self defense and war. 'ccording to many human rights activists, the death penalty violates this right. The ,nited ?ations has called on states retaining the death penalty to establish a moratorium on capital punishment with a view to its abolition. States which do not do so face considerable moral and political pressure. F!))2.0 #!.0 $.!$/!) Throughout history, torture has been used as a method of political re4education, interrogation, punishment, and coercion. %n addition to state4sponsored torture, individuals or groups may be motivated to inflict torture on others for similar reasons to those of a state< however, the motive for torture can also be for the sadistic gratification of the torturer, as in the Aoors murders. Torture is prohibited under international law and the domestic laws of most countries in the #2st century. %t is considered to be a violation of human rights, and is declared to be 11

unacceptable by 'rticle 3 of the ,? ,niversal .eclaration of Human *ights. Signatories of the Third &eneva )onvention and /ourth &eneva )onvention officially agree not to torture prisoners in armed conflicts. Torture is also prohibited by the ,nited ?ations )onvention 'gainst Torture, which has been ratified by 246 states. ?ational and international legal prohibitions on torture derive from a consensus that torture and similar ill4treatment are immoral, as well as impractical. .espite these international conventions, organi-ations that monitor abuses of human rights 1e.g. 'mnesty %nternational, the %nternational *ehabilitation )ouncil for Torture Iictims8 report widespread use condoned by states in many regions of the world. 'mnesty %nternational estimates that at least $2 world governments currently practice torture, some of them openly. F!))2.0 #!.0 +,"*)!: /reedom from slavery is internationally recogni-ed as a human right. 'rticle 4 of the ,niversal .eclaration of Human *ights states; ?o one shall be held in slavery or servitude< slavery and the slave trade shall be prohibited in all their forms. .espite this, the number of slaves today is higher than at any point in history, remaining as high as 2# million to #6 million, Aost are debt slaves, largely in South 'sia, who are under debt bondage incurred by lenders, sometimes even for generations. Human trafficking is primarily for prostituting women and children into sex industries. &roups such as the 'merican 'nti4Slavery &roup, 'nti4Slavery %nternational, /ree the Slaves, the 'nti4Slavery Society, and the ?orwegian 'nti4Slavery Society continue to campaign to rid the world of slavery. R%'($ $. " #"%! $!%", Everyone is entitled in full e0uality 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. The right to a fair trial has been defined in numerous regional and international human rights instruments. %t is one of the most extensive human rights and all international human rights instruments enshrine it in more than one article. The right to a fair trial is one of the most litigated human rights and substantial case law has been established on the interpretation of this human right. .espite variations in wording and placement of the various fair trial rights, international human rights instrument define the right to a fair trial in broadly the same terms. The aim of the right is to ensure the proper administration of +ustice. 's a minimum the right to fair trial includes the following fair trial rights in civil and criminal proceedings;

the right to be heard by a competent, independent and impartial tribunal the right to a public hearing the right to be heard within a reasonable time the right to counsel the right to interpretation

F!))2.0 .# +4))-(

12

/reedom of speech is the freedom to speak freely without censorship. The term freedom of expression is sometimes used synonymously, but includes any act of seeking, receiving and imparting information or ideas, regardless of the medium used. %n practice, the right to freedom of speech is not absolute in any country and the right is commonly sub+ect to limitations, such as on libel, slander, obscenity, incitement to commit a crime, etc. The right to freedom of expression is recogni-ed as a human right under 'rticle 27 of the ,niversal .eclaration of Human *ights and recogni-ed in international human rights law in the %nternational )ovenant on )ivil and (olitical *ights 1%))(*8. 'rticle 27 of the %))(* states that =everyone shall have the right to hold opinions without interference= and =everyone shall have the right to freedom of expression< this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of his choice=. F!))2.0 .# $(./'($, -.&+-%)&-) "&2 !),%'%.& 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. J'rticle 2$ of the %nternational )ovenant on )ivil and (olitical *ights /reedom of thought, conscience and religion are closely related rights that protect the freedom of an individual or community, in public or private, to think and freely hold conscientious beliefs and to manifest religion or belief in teaching, practice, worship, and observance< the concept is generally recogni-ed also to include the freedom to change religion or not to follow any religion. The freedom to leave or discontinue membership in a religion or religious groupJin religious terms called =apostasy=Jis also a fundamental part of religious freedom, covered by 'rticle 2$ of the ,niversal .eclaration of Human *ights. Human rights groups such as 'mnesty %nternational organises campaigns to protect those arrested and or incarcerated as a prisoner of conscience because of their conscientious beliefs, particularly concerning intellectual, political and artistic freedom of expression and association. %n legislation, a conscience clause is a provision in a statute that excuses a health professional from complying with the law 1for example legalising surgical or pharmaceutical abortion8 if it is incompatible with religious or conscientious beliefs. F!))2.0 .# 0.*)0)&$ /reedom of movement asserts that a citi-en of a state in which that citi-en is present has the liberty to travel, reside in, andHor work in any part of the state where one pleases within the limits of respect for the liberty and rights of others,K2L and to leave that state and return at any time. THE ROLE OF GOVERNMENT IN UDHR There are several rights that must be taken into consideration and established by all governments. Some of the most important are e0uality, personal security, liberty, having families, and everything that plays a role in the daily lifestyle of anyone. %t is also the responsibility of a government to ensure a sound +ustice system, where all citi-ens are granted a fair trial or hearing, are given their privacy, given freedom to move, and are given the freedom to elect and take part in all government activities e0ually. The standard of living is a strong concern for every government, but there is only a certain limit upon where that 13

concern can stretch. %t is always good to provide a safety net for citi-ens, in terms of health care, desirable work, social security, etc. However, the responsibility must then be handed on to the civilians, and they must then provide for themselves. 'nother factor that a government shouldnCt overly concern itself with is the welfare of its citi-ens in another country. True, their safety must be concluded, but it is the responsibility of the host government to give asylum, and freedom to the foreign citi-ens. 'll in all, % believe the responsibilities of a government play a very strong role in the life of the citi-enCs, and they must be taken into strong consideration, in order to have a sound, strong nation. THE ROLE OF INDIVIDUAL GROUPS IN UDHR The .eclaration emphasi-es that everyone or individual groups has duties towards and within the community and encourages us all to be human rights defenders. 'rticles 2 , 22 and 2$ outline responsibilities for everyone to promote human rights, to safeguard democracy and its institutions and not to violate the human rights of others. 'rticle 22 makes a special reference to the responsibilities of persons.

14

REFERENCES !illiams 27$2. This is the first book edition of the Universal Declaration of Human Rights , with a foreword by 9immy )arter. =,nited ?ations )harter, preamble and article 33=. ,nited ?ations. *etrieved # 2G4 44# . )ataclysm and !orld *esponse in .rafting and 'doption ; The ,niversal .eclaration of Human *ights, udhr.org. =,.H*3 ; .idn"t ?a-i tyranny end all hope for protecting human rights in the modern worldM=. ,dhr.org. 277$4 $4#$. *etrieved # 2#4 64 6. =,.H* D History of human rights=. ,niversalrights.net. *etrieved # 2#4 64 6. The .eclaration was drafted during the )hinese )ivil !ar. (.). )hang was appointed as a representative by the *epublic of )hina, then the recognised government of )hina, but which was driven from mainland )hina and now administers only Taiwan and nearby islands 1K2L8. )arlson, 'llan; &lobali-ing /amily Ialues, 2# 9anuary # 4.

9ost ANller4?euhof 1# $42#42 8. =Aenschenrechte; .ie mOchtigste %dee der !elt=. Der Tagesspiegel 1in &erman8. *etrieved # 2G4 642#. Schabas, !illiam 1277$8. =)anada and the 'doption of ,niversal .eclaration of Human *ights= 1fee re0uired8. McGill Law Journal 43; 4 G. =The ,niversal .eclaration of Human *ights; 274$D# /ebruary # 22. $=. ,nited ?ations. *etrieved 23

=,niversal .eclaration of Human *ights=. ,nited ?ations Office of the High )ommissioner for Human rights. Humphrey 9(, =The ,niversal .eclaration of Human *ights; %ts History, %mpact and 9uridical )haracter=, in *amcharan :& 1ed8, Human *ights; Thirty Fears 'fter the ,niversal .eclaration 127678 pp#l, G6< Sohn 2, =The Human *ights Baw of the )harter= 127668 2# Texas %nt B9 2#7, 2GG <Ac.ougal AS, Basswell H and )hen %, Human *ights and !orld (ublic Order 127$ 8 pp#6G4#64, G#34G#6< ."'mato ', %nternationalB aw; (rocessa nd (rospect1 27$58 pp2#G4246.

15