1. INTRODUCTION
The table set out in the following pages
enumerates the various civil, political, social, economic and cultural
rights and freedoms which are widely recognized and defined, and the
accepted limitations on them, with a short description in column 1 of
the nature of each right. The order followed is that adopted in the
Universal Declaration of Human Rights. Column 2 provides a reference to
the relevant Conclusions of the ICJ conferences and congresses as
consolidated in
Part I. Column 3
gives the relevant article of the Universal Declaration of Human Rights
which is reproduced in Appendix A, while
Column 4 refers to
international conventions relevant to particular rights. A list of the
conventions, with their full title and date of adoption, is given in
Appendix I at pages 73-75.
In choosing conventions of the International
Labor Organization for inclusion in this guide, no attempt has been made
to be exhaustive.
The list is limited
to conventions of a general nature, and the choice was inevitably to
some extent arbitrary. When a convention has been followed by a revised
convention on the same subject, reference is given only to the revised
convention, though the earlier convention remains in force for states
which have ratified it and may indeed remain open to ratification.
APPENDIX A
UNIVERSAL DECLARATION OF HUMAN RIGHTS
PREAMBLE
Whereas 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,
Whereas disregard and contempt for
human rights have resulted in barbarous acts which have outraged the
conscience of mankind, and the advent of a world in which human beings
shall enjoy freedom of speech and belief and freedom from fear and want
has been proclaimed as the highest aspiration of the common people,
Whereas it is essential, if man is
not to be compelled to have recourse, as a last resort, to rebellion
against tyranny and oppression, that human rights should be protected by
the rule of law,
Whereas it is essential to promote
the development of friendly relations between nations,
Whereas the peoples of the United
Nations have in the Charter reaffirmed their faith in fundamental human
rights, in the dignity and worth of the human person and in the equal
rights of men and women and have determined to promote social progress
and better standards of life in larger freedom,
Whereas Member States have pledged
themselves to achieve, in cooperation with the United Nations, the
promotion of universal respect for and observance of human rights and
fundamental freedoms,
Whereas a common understanding of
these rights and freedoms is of the greatest importance for the full
realization of this pledge,
Now, Therefore,
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.
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.
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.
Article 3.
Everyone has the right to life, liberty and security of person.
Article 4.
No one shall be held in slavery or servitude; slavery and the slave
trade shall be prohibited in all their forms.
Article 5.
No one shall be subjected to torture or to cruel, inhuman or degrading
treatment or punishment.
Article 6.
Everyone has the right to recognition everywhere as a person before the
law.
Article 7.
All are equal before the lax 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.
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.
Article 9.
No one shall be subjected to arbitrary arrest, detention or 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.
Article 11.
(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, or to attacks upon his honor and
reputation. Everyone has the right to the protection of the law against
such interference or attacks.
Article 13.
(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.
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.
(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.
(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.
(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.
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.
Article 20.
(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.
(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.
Article 23.
(1) Everyone has the right to work, to free choice of employment, to
just and favorable 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 favorable 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.
Article 25.
(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.
(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.
(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 which the
rights and freedoms set forth in this Declaration can be full realized.
Article 29.
(1) Everyone has duties to the community in which along 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 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 perform
any act aimed at the destruction of any of the rights and freedom set
forth herein.
APPENDIX B
ACT OF ATHENS
We free jurists from
forty-eight countries, assembled in Athens at the invitation of the
International Commission of Jurists, being devoted to the Rule of Law
which springs from the rights of the individual developed through
history in the age-old struggle of mankind for freedom; which rights
include freedom of speech, press, worship, assembly and association and
the right to free elections to the end that laws are enacted by the due
elected representatives of the people and afford equal protection to
all,
Being concerned by
the disregard of the Rule of Law in various parts the world, and being
convinced that the maintenance of the fundamental principles of justice
is essential to a lasting peace throughout the world,
Do solemnly Declare
that:
1. The State is
subject to the law.
2. The
Governments should respect the rights of the individual under the Rule
of Law and provide effective means for their enforcement.
3. Judges should
be guided by the Rule of Law, protect and enforce without fear or favor
and resist any encroachments by governments political parties on their
independence as judges.
4. Lawyers of the
world should preserve the independence of their profession, assert the
rights of the individual under the Rule of Law and insist that every
accused is accorded a fair trial.
And we call upon all
judges and lawyers to observe the principles and Request the
International Commission of Jurists to dedicate itself to the universal
acceptance of these principles and expose and denounce all violations of
the Rule of Law.
Done at Athens this
18th day of June 1955
APPENDIX C
DECLARATION OF DELHI
This International
Congress of Jurists, consisting of 185 judges, practicing lawyers and
teachers of law from 53 countries, assembled in New Delhi in January
1959 under the aegis of the International Commission of Jurists, having
discussed freely and frankly the Rule of Law and the administration of
justice throughout the world, and having reached conclusions regarding
the legislative, the executive, the criminal process, the judiciary and
the legal profession, which conclusions are annexed to this Declaration.
Now solemnly
Reaffirms the
principles expressed in the Act of Athens adopted by the International
Congress of Jurists in June 1955, particularly that an independent
judiciary and legal profession are essential to the maintenance of the
Rule of Law and to the proper administration of justice; Recognizes that
the Rule of Law is a dynamic concept for the expansion and fulfillment
of which jurists are primarily responsible and which should be employed
not only to safeguard and advance the civil and political rights of the
individual in a free society, but also to establish social, economic,
educational and cultural conditions under which his legitimate
aspirations and dignity may be realized;
Requests the
International Commission of Jurists
1. To employ its
full resources to give practical effect throughout the world to the
principles expressed in the conclusions of the Congress.
2. To give
special attention and assistance to countries now in the process of
establishing, reorganizing or consolidating their political and legal
institutions.
3. To encourage
law students and the junior members of the legal profession to support
the Rule of Law.
4. To communicate
this Declaration and the annexed conclusions to governments, to
interested international organizations, and to associations of lawyers
throughout the world.
This Declaration
shall be known as the Declaration of Delhi.
Done at Delhi this
l0th day of January 1959.
APPENDIX D
LAW OF LAGOS
The African
Conference on the Rule of Law consisting of 194 judges, practicing
lawyers and teachers of law from 23 African nations as well as 9
countries of other continents,
Assembled in Lagos,
Nigeria, in January 1961 under the aegis of the International Commission
of Jurists,
Having discussed
freely and frankly the Rule of Law with particular reference to Africa,
and
Having reached
conclusions regarding Human Rights in relation to Government security,
Human Rights in relation to aspects of criminal and administrative law,
and the responsibility of the Judiciary and of the Bar for the
protection of the rights of the individual in society,
NOW SOLEMNLY
Recognizes that the
Rule of Law is a dynamic concept which should be employed to safeguard
and advance the will of the people and the political rights of the
individual and to establish social, economic, educational and cultural
conditions under which the individual may achieve his dignity and
realize his legitimate aspirations in all countries, whether dependent
or independent,
Reaffirms the Act of
Athens and the Declaration of Delhi with special reference to Africa and
Declares
1. That the
principles embodied in the Conclusions of the Conference which are
annexed hereto should apply to any society, whether free or otherwise,
but that the Rule of Law cannot be fully realized unless legislative
bodies have been established in accordance with the will of the people
who have adopted their Constitution freely;
2. That in order
to maintain adequately the Rule of Law all Governments should adhere to
the principle of democratic representation in their Legislatures;
3. That
fundamental human rights, especially the right to personal liberty,
should be written and entrenched in the Constitutions of all countries
and that such personal liberty should not in peacetime be restricted
without trial in a Court of Law;
4. That in order
to give full effect to the Universal Declaration of Human Rights of
1948, this Conference invites the African Governments to study the
possibility of adopting an African Convention of Human Rights in such a
manner that the Conclusions of this Conference will be safeguarded by
the creation of a court of appropriate jurisdiction and that recourse
thereto be made available for all persons under the jurisdiction of the
signatory States;
5. That in order
to promote the principles and the practical application of the Rule of
Law, the judges, practicing lawyers and teachers of law in African
countries should take steps to establish branches of the International
Commission of Jurists.
This Resolution shall be known as the Law of
Lagos.
Done at Lagos this 7th day of January 1961.
APPENDIX E
RESOLUTION OF RIO
This International Congress of Jurists, of
judges, lawyers in private and government practice, and teachers of law
from 75 countries, has assembled in December 1962 in Brazil under the
aegis of the International Commission of Jurists.
The Congress has reached these conclusions.
It considers that the protection of the individual from unlawful or
excessive interference by government is a foundation of the Rule of Law.
The Congress has observed with concern that the rights of the individual
have been trespassed upon or ignored in many places in the world and
that in many cases this arises from the over-reaching by the Executive
unrestrained by an independent Judiciary. Accordingly the Congress,
having discussed appropriate measures to remove improper and excessive
encroachment by government on the rights of the individual in the field
of executive action,
NOW SOLEMNLY
Adopts the Conclusions annexed to
this Resolution and reaffirms the Act of Athens and the
Declaration of Delhi adopted by earlier International Congresses of
Jurists which were again sanctioned in the Law of Lagos by the
African Conference on the Rule of Law; and accordingly
Calls upon the International Commission of
Jurists to give its attention to the following matters which were of
concern in the debates of this Congress:
1. The conditions
in varying countries relating to the independence of the Judiciary, its
security of tenure and its freedom from control, direct or indirect, by
the Executive;
2. The
encouragement of the establishment of International Courts of Human
Rights on a regional basis;
3. The role and
responsibility of lawyers in a changing world to concern themselves with
the prevalence of poverty, ignorance and inequality in so many parts of
the world, and to inspire and promote economic development and social
justice;
4. The
improvement of legal education so that the understanding of the Rule of
Law in the best traditions of the Bench and of the Bar is inculcated in
those entering the profession of the law;
5. The
continuance of its important work in investigating and reporting on
violations of the Rule of Law wherever they occur;
And accordingly and
by way of emphasis calls upon the Commission to examine and report upon
the conditions affecting the independence of the Judiciary which is the
first indispensable condition of the existence of the Rule of Law in any
country.
This resolution shall be known as the
Resolution of Rio.
Done this l5th day of December 1962.
APPENDIX F
DECLARATION OF BANGKOK
This Conference of
105 jurists from 16 countries of the South-East Asian and Pacific
Region, assembled in Bangkok from February 15th to 19th,
1965, under the auspices of the International Commission of Jurists has
reached these conclusions:
It
considers that, given peace and stability, there are no intrinsic
factors in the Region which make the ultimate establishment, maintenance
and promotion of the Rule of Law incapable of attainment; that the Rule
of Law can only reach its highest expression and fullest realization
under a representative government freely chosen by universal adult
suffrage; and that the Rule of Law requires effective machinery for the
protection of fundamental rights and freedoms;
It
recognizes that the Rule of Law and representative government are
endangered by hunger, poverty and unemployment; that, in order to
achieve social, economic, and cultural development, sound economic
planning is essential; that, in particular, measures of land reform to
assure fair distribution and its most economic utilization may be
necessary; that and the elimination of corruption at political and
administrative levels; that proper means of redress should be available
where administrative wrongs are committed; and that, in the light of the
experience gained in Scandinavian and New Zealand, consideration should
be given to the Ombudsman concept as a means of individual redress and
improvement of administration;
It affirms,
that lawyers should be vital and courageous element in developing
community; and that they should always be conscious in the social,
economic and cultural aspirations of the people to the realization of
which they should commit their skills and techniques;
It believes that the conclusion of a
Regional Convention on Human Rights among States in the Region should be
considered as a means of making an important contribution to individual
human rights and to the solution of national, racial, religious and
other minority issues; and that the establishment of the office of
United Nations High Commissioner for Human Rights would be a valuable
immediate measure to safeguard effectively human rights in accordance
with the Universal Declaration of Human Rights.
It reaffirms the Act of Athens, the
Declaration of Delhi, the Law of Lagos and the Resolution of Rio;
AND NOW SOLEMNLY
Adopts the Conclusions and
Resolutions annexed to this Declaration.
This Declaration shall be known as the
Declaration of Bangkok.
Done at Bangkok, this 19th day of February,
1965.
APPENDIX G
DECLARATION OF COLOMBO
This Conference of lawyers from the Asian
and Pacific Region assembled in Colombo at the invitation of the Ceylon
Section of the International Commission of Jurists from January l0th to
13th, 1966,
Having taken into account and affirmed
the Act of Athens, the Declaration of Delhi, the Law of Lagos, the
Resolution of Rio and the Declaration of Bangkok promulgated by previous
Assemblies of the International Commission of Jurists;
BELIEVING
1. That the Rule
of Law, if it is to be fully effective, must be understood and accepted
not only by lawyers but also by every member of the community;
2. That
nationalization, as one of the problems involved in the achievement of
social and economic justice, must be governed by the principles of the
Rule of Law;
3. That it is
essential to the Rule of Law that on the one hand the citizen should
have confidence in the efficiency and fairness of public officials and
have prompt means of redress for legitimate grievances and that on the
other hand the conduct of public officials should be vindicated when
criticized without justification;
4. That the
protection of Human Rights on the International, Regional and National
levels can only be effectively achieved through the machinery and
principles of the Rule of Law;
SOLEMNLY DECLARES
1. That it is the
duty of lawyers to bring to the attention of all members of the
community the practical relevance of the Rule of Law in their daily life
and aspirations, to devote their labors to the improvement of those
aspects of law and procedure which justifiably incur the criticism of
the general public, to explain those features inherent and necessary in
the legal system, the importance of which is not sufficiently
understood, and generally through all means of publicity to secure the
co-operation of every element of the community in the realization of the
Rule of Law;
2. The
nationalization is not an end in itself but has to be considered in the
light of the social and economic benefits it may bring to the community,
the fairness of the method of assessment and the adequacy of the
compensation offered to former owners, the interests of the workers in
the undertaking nationalized and of the consumers involved, and the
machinery set up to ensure proper supervision and control of the
nationalized activities;
3. That a
Parliamentary Commissioner for Administration or Ombudsman provides an
informal and prompt means of drawing attention to the grievances of
citizens in their dealings with the administration, of securing redress
of such grievances by the weapons of publicity, persuasion and
recommendation and generally of ensuring the highest standards of
efficient and fair administration;
4. That on the
international level the countries of the Asian and Pacific Region should
be encouraged to press for an enforceable Covenant of Human Rights and
for the setting up of a United Nations High Commissioner for Human
Rights, on the regional level for Regional conventions of Human Rights
and on the national level for the more effective entrenchment of Human
Rights in national constitutions;
AND TO THIS END has reached the detailed
Conclusions which accompany this Declaration.
APPENDIX H
RESOLUTIONS ADOPTED AT CONGRESSES AND
CONFERENCES OF THE INTERNATIONAL COMMISSION OF JURISTS (Resolutions the
text of which is reproduced in Part I of this Handbook are not included
in this list)
1. Final Resolution
of the Congress of Athens, requesting the I.C.J. to formulate a
statement of the principles of Justice under Law and to endeavor to
secure their recognition.
2. Resolution of
the Committee on Public Law of the Congress of Athens, requesting the
I.C.J. to appoint a Committee to examine means of preventing violations
of human rights.
3. Resolution of
the Committee on Public Law of the Congress of Athens, requesting the
I.C.J. to examine the apartheid situation.
4. Request of the
Committee on Human Rights and Government Security of the Lagos
Conference, that the I.C.J. should examine the Rule of Law and Human
Rights in Africa.
5. Resolution of
the Committee on the Role of the Lawyer in a Developing Country of the
Bangkok Conference, requesting the I.C.J. to consider the feasibility of
the establishment of a South-East Asian and Pacific Law Institute.
6. Resolution of
the Advisory Group on Human Rights of the Bangkok Conference suggesting
that the I.C.J. consider the establishment of a study group to advise on
the implementation of a Regional Convention on Human Rights for the
South-East Asian and Pacific Region.
7. Resolution of
the Fourth Committee of the Ceylon Colloquium on national, regional and
international measures for the protection of human rights.
8. Resolution of
the Fourth Committee of the Ceylon Colloquium proposing the
establishment of a Council of Asia and the Pacific.