The Rule of Law and Human Rights
 



Part I:

Chapter 1:
Chapter 2:
Chapter 3:
Chapter 4: 
Chapter 5:
Chapter 6:
Chapter 7:
Chapter 8:
Chapter 9:

Part II









 


 Introduction

 Principles of the Rule of Law

 Essential Requirements of a Society under the Rule of Law
 The Legislature and the Rule of Law
 The Executive and the Rule of Law
 The Criminal Process and the Rule of Law
 The Judiciary and the Rule of Law
 The Legal Profession and the Rule of Law
 The Role of Legal Education in a Changing Society
 Economic and Social Development
 The Rule of Law and the Layman

 Guide to Human Rights Provisions

 Introduction
 Universal Declaration of Human Rights
 Act of Athens
 Declaration of Delhi
 Law of Lagos
 Resolution of Rio
 Declaration of Bangkok
 Declaration of Colombo
 Resolutions adopted at Congresses and Conventions of ICJ
 


Part II: The Guide to Human Rights Provisions
 


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. 


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