Saturday, June 3, 2017

Human Rights - UNIT V Human Rights of women, older people, migrant workers, refugees etc.


Sasi K.G.



01. Human Rights of Women

01. National Commission for Women (NCW)

In our country there is largely a patriarchal structure of a society. In this set up women have been considered as inferior and given a secondary status. They have been subject to various legal and social discriminations. There is a need to remove such inequalities and to make a provision for solving her problems. ‘The need was felt for structure to uphold the rights and implement the provisions of beneficial legislations, in an organized and institutionalized manner’. So with this view National Commission for Women (NCW), was set up as statutory body in Jan. 1992 under new act 1990.
Purpose of the NCW is -
To review constitutional & legal safeguards for women
To recommend remedial legislative measures.
To facilitate redressal of grievances &
To advice government on all policy matter affecting women.
In keeping with its mandate, the Commission initiated various steps to improve the status of women and worked for their economic empowerment .During the visits to the states it received a large number of complaints. The commission acted suo-moto in several cases to provide speedy justice. It took up the issue of child marriage, sponsored legal awareness programmes, Parivarik Mahila Lok Adalats and reviewed laws such as Dowry Prohibition Act, 1961, PNDT Act 1994, Indian Penal Code 1860 and the National Commission for Women Act, 1990 It organized workshops/consultations, constituted expert committees on economic empowerment of women, for gender awareness and took up publicity campaign against female foeticide, violence against women, etc.
The commission shall consist of:
a. A Chairperson, committed to the cause of women, to be nominated by the Central Government.
b. Five Members to be nominated by the Central Government from amongst persons of ability, integrity and standing who have had experience in law or legislation, trade unionism, management of an industry potential of women, women’s voluntary organisations ( including women activist ), administration, economic development, health, education or social welfare;
Provided that at least one Member each shall be from amongst persons belonging to the Scheduled Castes and Scheduled Tribes respectively;
c. A Member-Secretary to be nominated by the Central Government who shall be :-
an expert in the field of management, organisational structure or sociological movement, or an officer who is a member of a civil service of the Union or of an all-India service or holds a civil post under the Union with appropriate experience.

02. Convention on the Nationality of Married Women, 1958

Before the Convention on the Nationality of Married Women, no legislation existed to protect married women's right to retain or renounce national citizenship in the way that men could. Women's rights groups recognized a need to legally protect the citizenship rights of women who married someone from outside their country or nationality. The League of Nations, the international organization later succeeded by the United Nations, was lobbied by women's rights groups during the early 20th century to address the lack of international laws recognizing married women's rights of national citizenship. The Conference for the Codification of International Law, held at The Hague in 1930, drew protests from international women's rights groups, yet the League declined to include legislation enforcing married women's nationality rights. The League took the position that it was not their role, but the role of member states, to deal with equality between men and women.
The International Women's Suffrage Alliance (IWSA, later renamed the International Alliance of Women) launched a telegram campaign in 1931 to pressure the League of Nations to address the lack of legislation. Women from around the world sent telegrams to the League of Nations as a protest. The League made the concession of creating an unfunded Consultative Committee on Nationality of Women.
The Pan-American Conference in Montevideo passed a Convention on the Nationality of Women in 1933. It was passed by the Pan American Conference at the same time as the Treaty on the Equality of Rights Between Men and Women. These were the first pieces of international law to "explicitly set sexual equality as a principle to be incorporated into national legislation" which was required of countries ratifying the convention and treaty. Lobbying by the American National Women's Party has been credited with this legislation. However, neither the International Labour Organization (ILO) nor the League of Nations passed any legislation on the issue during the interwar years.
The issue of the nationality of married women was a leading women's rights issue facing the United Nations after its establishment. The United Nations Commission on the Status of Women was created, and made it a priority of their agenda, launching a study in 1948. The Commission recommended to the United Nations Economic and Social Council that legislation be drafted to give women equal rights as set out in Article 15 of the Universal Declaration of Human Rights. The Convention on the Nationality of Married Women entered into force on August 11, 1958.
As of 2013, the convention has been ratified by 74 states. It has been denounced by the ratifying states of Luxembourg, Netherlands, and United Kingdom.
The Convention was concluded in the light of the conflicts of law on nationality derived from provisions concerning the loss or acquisition of nationality by women as a result of marriage, divorce, or of the change of nationality by the husband during marriage. It allows women to adopt the nationality of their husband based upon the woman's own decision, but does not require it.
The Convention seeks to fulfill aspirations articulated in Article 15 of the Universal Declaration of Human Rights that 'everyone has a right to a nationality' and 'no one shall be arbitrarily deprived of his nationality nor denied the right to change his nationality'.
Major provisions of this convention are
Article 1
Woman's nationality not to be automatically affected by marriage to an alien.
Article 2
Acquisition or renunciation of a nationality by a husband not to prevent the wife's retention of her nationality.
Article 3
Specially privileged nationality procedures to be available for wives to take the nationality of their husbands.

03. Convention on Minimum Age, Consent and Registration of Marriage, 1962

The Convention on Consent to Marriage, Minimum Age for Marriage, and Registration of Marriages was a treaty agreed upon in the United Nations on the standards of marriage. The treaty was opened for signature and ratification by General Assembly resolution 1763 A (XVII) on 7 November 1962 and entered into force 9 December 1964 by exchange of letters, in accordance with article 6. The Convention has been signed by 16 countries and there are 55 parties to the Convention.
The Convention reaffirms the consensual nature of marriages and requires the parties to establish a minimum marriage age by law and to ensure the registration of marriages.

Convention on Consent to Marriage, Minimum Age for Marriage and Registration of Marriages

Opened for signature and ratification by General Assembly resolution 1763 A (XVII) of 7 November 1962
Entry into force: 9 December 1964, in accordance with article 6
The Contracting States ,
Desiring, in conformity with the Charter of the United Nations, to promote universal respect for, and observance of, human rights and fundamental freedoms for all, without distinction as to race, sex, language or religion,
Recalling that article 16 of the Universal Declaration of Human Rights states that:
(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,
Recalling further that the General Assembly of the United Nations declared, by resolution 843 (IX) of 17 December 1954, that certain customs, ancient laws and practices relating to marriage and the family were inconsistent with the principles set forth in the Charter of the United Nations and in the Universal Declaration of Human Rights,
Reaffirming that all States, including those which have or assume responsibility for the administration of Non-Self-Governing and Trust Territories until their achievement of independence, should take all appropriate measures with a view to abolishing such customs, ancient laws and practices by ensuring, inter alia , complete freedom in the choice of a spouse, eliminating completely child marriages and the betrothal of young girls before the age of puberty, establishing appropriate penalties where necessary and establishing a civil or other register in which all marriages will be recorded,
Hereby agree as hereinafter provided:
Article 1
1. No marriage shall be legally entered into without the full and free consent of both parties, such consent to be expressed by them in person after due publicity and in the presence of the authority competent to solemnize the marriage and of witnesses, as prescribed by law.
2. Notwithstanding anything in paragraph 1 above, it shall not be necessary for one of the parties to be present when the competent authority is satisfied that the circumstances are exceptional and that the party has, before a competent authority and in such manner as may be prescribed by law, expressed and not withdrawn consent.
Article 2
States Parties to the present Convention shall take legislative action to specify a minimum age for marriage. No marriage shall be legally entered into by any person under this age, except where a competent authority has granted a dispensation as to age, for serious reasons, in the interest of the intending spouses.
Article 3
All marriages shall be registered in an appropriate official register by the competent authority.
Article 4
1. The present Convention shall, until 31 December 1963, be open for signature on behalf of all States Members of the United Nations or members of any of the specialized agencies, and of any other State invited by the General Assembly of the United Nations to become a Party to the Convention.
2. The present Convention is subject to ratification. The instruments of ratification shall be deposited with the Secretary-General of the United Nations.
Article 5
1. The present Convention shall be open for accession to all States referred to in article 4, paragraph 1.
2. Accession shall be effected by the deposit of an instrument of accession with the Secretary-General of the United Nations.
Article 6
1. The present Convention shall come into force on the ninetieth day following the date of deposit of the eighth instrument of ratification or accession.
2. For each State ratifying or acceding to the Convention after the deposit of the eighth instrument of ratification or accession, the Convention shall enter into force on the ninetieth day after deposit by such State of its instrument of ratification or accession.
Article 7
1. Any Contracting State may denounce the present Convention by written notification to the Secretary-General of the United Nations. Denunciation shall take effect one year after the date of receipt of the notification by the Secretary-General.
2. The present Convention shall cease to be in force as from the date when the denunciation which reduces the number of Parties to less than eight becomes effective.
Article 8
Any dispute which may arise between any two or more Contracting States concerning the interpretation or application of the present Convention which is not settled by negotiation shall, at the request of all the parties to the dispute, be referred to the International Court of Justice for decision, unless the parties agree to another mode of settlement.
Article 9
The Secretary-General of the United Nations shall notify all States Members of the United Nations and the non-member States contemplated in article 4, paragraph 1, of the present Convention of the following:
(a) Signatures and instruments of ratification received in accordance with article 4;
(b) Instruments of accession received in accordance with article 5;
(c) The date upon which the Convention enters into force in accordance with article 6;
(d) Notifications of denunciation received in accordance with article 7, paragraph l;
(e) Abrogation in accordance with article 7, paragraph 2.
Article 10
1. The present Convention, of which the Chinese, English, French, Russian and Spanish texts shall be equally authentic, shall be deposited in the archives of the United Nations.
2. The Secretary-General of the United Nations shall transmit a certified copy of the Convention to all States Members of the United Nations and to the non-member States contemplated in article 4, paragraph 1.

04. Importance of Four World Conferences for Women Convention on the Elimination of all Forms of Discrimination against Women

01. Introduction

The Convention has a similar format to the Convention on the Elimination of All Forms of Racial Discrimination, "both with regard to the scope of its substantive obligations and its international monitoring mechanisms." The Convention is structured in six parts with 30 articles total.
·         Part I (Articles 1-6) focuses on non-discrimination, sex stereotypes, and sex trafficking.
·         Part II (Articles 7-9) outlines women's rights in the public sphere with an emphasis on political life, representation, and rights to nationality.
·         Part III (Articles 10-14) describes the economic and social rights of women, particularly focusing on education, employment, and health. Part III also includes special protections for rural women and the problems they face.
·         Part IV (Article 15 and 16) outlines women's right to equality in marriage and family life along with the right to equality before the law.
·         Part V (Articles 17-22) establishes the Committee on the Elimination of Discrimination against Women as well as the states parties' reporting procedure.
·         Part VI (Articles 23-30) describes the effects of the Convention on other treaties, the commitment of the states parties and the administration of the Convention.

02. Core Provisions

Article 1 defines discrimination against women in the following terms:
Any distinction, exclusion or restriction made on the basis of sex which has the effect or purpose of impairing or nullifying the recognition, enjoyment or exercise by women, irrespective of their marital status, on a basis of equality of men and women, of human rights and fundamental freedoms in the political, economic, social, cultural, civil or any other field.
Article 2 mandates that states parties ratifying the Convention declare intent to enshrine gender equality into their domestic legislation, repeal all discriminatory provisions in their laws, and enact new provisions to guard against discrimination against women. States ratifying the Convention must also establish tribunals and public institutions to guarantee women effective protection against discrimination, and take steps to eliminate all forms of discrimination practiced against women by individuals, organizations, and enterprises.
Article 3 requires states parties to guarantee basic human rights and fundamental freedoms to women "on a basis of equality with men" through the "political, social, economic, and cultural fields."
Article 4 notes that "[a]doption...of special measures aimed at accelerating de facto equality between men and women shall not be considered discrimination." It adds that special protection for maternity is not regarded as gender discrimination.
Article 5 requires states parties to take measures to seek to eliminate prejudices and customs based on the idea of the inferiority or the superiority of one sex or on stereotypedrole for men and women. It also mandates the states parties "[t]o ensure...the recognition of the common responsibility of men and women in the upbringing and development of their children."
Article 6 obliges states parties to "take all appropriate measures, including legislation, to suppress all forms of trafficking in women and exploitation of prostitution of women."
Article 7 guarantees women equality in political and public life with a focus on equality in voting, participation in government, and participation in "non-governmental organizations and associations concerned with the public and political life of the country."
Article 8 provides that states parties will guarantee women's equal "opportunity to represent their Government at the international level and to participate in the work of international organizations."
Article 9 mandates states parties to "grant women equal rights with men to acquire, change or retain their nationality" and equal rights "with respect to the nationality of their children."
Article 10 necessitates equal opportunity in education for female students and encourages coeducation. It also provides equal access to athletics, scholarships and grants as well as requires "reduction in female students' drop out rates."
Article 11 outlines the right to work for women as "an unalienable right of all human beings." It requires equal pay for equal work, the right to social securitypaid leave and maternity leave "with pay or with comparable social benefits without loss of former employment, seniority or social allowances." Dismissal on the grounds of maternity, pregnancy or status of marriage shall be prohibited with sanction.
Article 12 creates the obligation of states parties to "take all appropriate measures to eliminate discrimination against women in the field of health care in order to ensure...access to health care services, including those related to family planning."
Article 13 guarantees equality to women "in economic and social life," especially with respect to "the right to family benefits, the right to bank loans, mortgages and other forms of financial credit, and the right to participate in recreational activities, sports and all aspects of cultural life."
Article 14 provides protections for rural women and their special problems, ensuring the right of women to participate in development programs, "to have access to adequate health care facilities," "to participate in all community activities," "to have access to agricultural credit" and "to enjoy adequate living conditions."
Article 15 obliges states parties to guarantee "women equality with men before the law," including "a legal capacity identical to that of men." It also accords "to men and women the same rights with regard to the law relating to the movement of persons and the freedom to choose their residence and domicile."
Article 16 prohibits "discrimination against women in all matters relating to marriage and family relations." In particular, it provides men and women with "the same right to enter into marriage, the same right freely to choose a spouse," "the same rights and responsibilities during marriage and at its dissolution," "the same rights and responsibilities as parents," "the same rights to decide freely and responsibly on the number and spacing of their children," "the same personal rights as husband and wife, including the right to choose a family name, a profession and an occupation" "the same rights for both spouses in respect of the ownership, acquisition, management, administration, enjoyment and disposition of property, whether free of charge or for a valuable consideration."

03. Resolutions 1325 10th anniversary events highlight use of CEDAW mechanisms

The 10th anniversary of Resolution 1325 in October 2010 highlighted the increasing demand for accountability to UN Security Council Resolution 1325 on Women, Peace and Security. Many expressed concern about the fact that only 22 Member States out of 192 have adopted national action plans. Women are still underrepresented, if not totally absent, in most official peace negotiations and sexual violence in peacetime and in conflict continue to increase.
These realities emphasized the need to use external legal mechanisms to strengthen the implementation of SCR 1325, particularly CEDAW. The well-established mechanisms of CEDAW – the Member States compliance report and the civil society shadow reporting process were cited as possible instruments to ensure accountability.
Several regional and international meetings including the High Level Seminar “1325 in 2020: Looking Forward…Looking Back,” organized by the African Center for the Constructive Resolution of Disputes, and the “Stockholm International Conference 10 years with 1325 – What now?” called for the use of CEDAW to improve 1325 implementation.

04. Intersection between SCR 1325 and CEDAW 

While CEDAW and UN Security Council Resolutions 1325 and 1820 on Women, Peace and Security are important international instruments on their own, there is also an intersection among the three standards that can be used to enhance their implementation and impact.
Resolutions 1325 and 1820 broaden the scope of CEDAW application by clarifying its relevance to all parties in conflict, whereas CEDAW provides concrete strategic guidance for actions to be taken on the broad commitments outlined in the two Resolutions.
CEDAW is a global human rights treaty that should be incorporated into national law as the highest standard for women's rights. It requires UN Member States that have ratified it (185 to date) to set in place mechanisms to fully realize women's rights.
Resolution 1325 is an international law unanimously adopted by the Security Council that mandates UN Member States to engage women in all aspects of peace building including ensuring women's participation on all levels of decision–making on peace and security issues.
Resolution 1820 links sexual violence as a tactic of war with the maintenance of international peace and security. It also demands a comprehensive report from the UN Secretary General on implementation and strategies for improving information flow to the Security Council; and adoption of concrete protection and prevention measures to end sexual violence.
Resolutions 1325 and 1820, and CEDAW share the following agenda on women's human rights and gender equality:
1.     Demand women’s participation in decision-making at all levels
2.     Rejection of violence against women as it impedes the advancement of women and maintains their subordinate status
3.     Equality of women and men under the law; protection of women and girls through the rule of law
4.     Demand security forces and systems to protect women and girls from gender-based violence
5.     Recognition of the fact that distinct experiences and burdens of women and girls come from systemic discrimination
6.     Ensure that women’s experiences, needs and perspectives are incorporated into the political, legal and social decisions that determine the achievement of just and lasting peace
A General Comment from the CEDAW committee could strengthen women’s advocacy for the full implementation of Resolutions 1325 and 1820 at the country and community levels. Conversely, CEDAW’s relevance to conflict-affected areas will be underscored further by the two Resolutions. In other words, all three international instruments will reinforce each other and be much more effective if used together in leveraging women’s human rights.
Many reservations have been entered against certain articles of the Convention. There are also some reservations that are not specific to an article within the Convention but rather a general reservation to all aspects of the Convention that would violate a stated principle. For example, Mauritania made a reservation stating it approved the Convention "in each and every one of its parts which are not contrary to Islamic Sharia. A number these reservations, especially those entered by Islamic states parties, are subject to much debate.
Article 28 of the Convention states that "a reservation incompatible with the object and purpose of the present Convention shall not be permitted." As a result, many states parties have entered objections to the reservations of other states parties. Specifically, many Nordic states parties were concerned that some of the reservations were "undermining the integrity of the text." Over the years, some states parties have withdrawn their reservations.
As of May 2015, sixty-two states parties have entered reservations against some part of the Convention. Twenty-four states parties have entered objections to at least one of these reservations. The most reserved article is Article 29, concerning dispute resolution and interpretation of the Convention, with thirty-nine reservations.  Because reservations to Article 29 are expressly allowed by the Convention itself, these reservations were not very controversial. Article 16, concerning the equality of women in marriage and family life is subject to twenty-three reservations. The Committee, in General Recommendation No. 28, specifically stated that reservations to Article 2, concerning general non-discrimination, are impermissible. However, Article 2 has seventeen reservations.

05. The Committee on the Elimination of Discrimination Against Women

The Committee on the Elimination of Discrimination against Women is the United Nations (U.N.) treaty body that oversees the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW). The formation of this committee was outlined in Article 17 of the CEDAW, which also established the rules, purpose, and operating procedures of the committee. Throughout its years of operation the committee has held multiple sessions to ensure the rules outlined in the CEDAW are being followed. Over time the practices of the committee have evolved due to an increased focus on women's rights issues.
History of the committee
The Committee on the Elimination of Discrimination Against Women was formed on 3 September 1981 after the CEDAW received the 20 ratifications required for it to enter into force. Article 17 of the CEDAW established the committee in order to ensure that the provisions of the CEDAW were followed by the countries that had signed and agreed to be bound by it. The first regular session of the committee was held from 18–22 October 1982. In this session the first officers of the committee were elected by simple majority, with Ms. L. Ider of Mongolia becoming chairperson. Other officers elected were three vice chairpersons: M. Caron of Canada, Z. Ilic of Yugoslavia and L. Mukayiranga of Rwanda. The final officer elected was D. P. Bernard of Guyana as rapporteur of the committee. During this session the committee also unanimously approved to adopt its rules of procedure.
The committee is allowed to hold as many meetings as are required to perform their duties effectively, with the states party to the CEDAW and the Secretary-General of the United Nations authorizing the number of regular sessions held. In addition, special sessions can be held at the request of either a state party to the convention or the majority of the members serving on the committee. Fifty-three sessions have been held to date, with the most recent taking place from 1 October 2012 to 19 October 2012. The first thirty-nine sessions were held at the United Nations headquarters building in New York City, with the fortieth session and alternating sessions following it held in the Palais des Nations in Geneva. During each of its regular sessions the committee hears reports from states party to the CEDAW on their progress in adhering to CEDAW and implementing its ideas in their countries. The committee also holds pre-sessional work groups to discuss the issues and questions that the committee should deal with during the following session.
Reports
Under article 18 of the CEDAW states must report to the committee on the progress they have made in implementing the CEDAW within their state. As most of the information the committee works with comes from these reports, guidelines have been developed to help states prepare accurate and useful reports. Initial reports discussing the current picture of discrimination against women in the reporting states are required to specifically deal with each article of the CEDAW, and consist of no more than one-hundred pages. States are required to prepare and present these initial reports within one year of ratifying the CEDAW. Periodic reports detailing the state's progress in adhering to the articles of the CEDAW should be no more than seventy-five pages in length and should focus on the specific period of time since the state's last report. States party to the CEDAW are typically required to provide periodic reports every four years, but if the committee is concerned about the situation in that state they can request a report at any time.
The committee chooses which reports to address by considering factors such as the amount of time the report has been pending, whether the report is initial or periodic (with more priority given to initial reports), and from which region the report originates. Eight states are invited to give their reports during each session and it is required a representative from the state is in attendance when the report is presented. The committee focuses on constructive dialogue when a report is presented, and appreciates careful time management on the part of the state presenting its report. Due to the high backlog of overdue reports the committee has encouraged states to combine all of their outstanding reports into one document, and sends reminders to states who have reports five years overdue. The CEDAW also requires that the committee provide an annual report that includes its activities, comments relating to the reports provided by states, information relating to the Optional Protocol of the CEDAW, and any other general suggestions or recommendations the committee has made. This report is given to the United Nations General Assembly through the Economic and Social Council. All reports, agendas and other official documents pertaining to the committee, including the reports provided by the states, are provided to the public unless otherwise decided by the committee.
General Recommendations
Along with issuing its annual report and offering advice to reporting states, the committee has the ability to issue general recommendations that elaborate on its views of the obligations imposed by CEDAW. To date, the committee has issued thirty-two general recommendations, the latest dealing with the gender related dimensions of refugee status, asylum, nationality and statelessness of women. The recommendations issued by the committee in its first decade were short and dealt mainly with the content of states’ reports and reservations to the convention. Since 1991, however, recommendations have been focused on guiding states’ application of the CEDAW in specific situations. The formulation of a general recommendation begins with dialogue between the committee on the topic in the recommendation with various non-governmental organizations and other U.N. bodies. The recommendation is then drafted by a member of the committee and discussed and revised in the next session, and finally adopted in the following session.

06. Laws Protecting Women’s Right

Social reform legislation recognizing women rights has been introduced in India since the British rule. After independence too the legislatures have enacted several laws for protecting women’s rights and making provisions for the violation of their rights punishable.

07. Progress towards gender equality

The recognition of women’s right as human right became international law when the U.N. General Assembly adopted the CEDAW (Convention on the Elimination of All Forms of Discrimination Against Women) on 19th December 1979. With reference to India, the Indian Constitution prohibits discrimination on the basis of sex. Yet, it recognizes that women need special attention. The latter point is brought out by Articles 23 and 42. Article 23 prohibits traffic in human beings. By implication, this means that women, children, etc. cannot be disposed of for immoral purposes. Article 42 lays down that the State shall make provision for securing just and humane conditions of work and maternity relief. The Directive Principles of State Policy recognize the right to Maternity benefits in Article 42 of the Constitution. The Indian Parliament passed the Maternity Benefits Act in 1961. The Maternity Benefits Act aims to regulate the employment of women employees in certain establishments for certain periods before and after child birth and provides for maternity and certain benefits. The Domestic violence Act, 2005 provide protection to the wife or female live - in partner from domestic violence at the hands of the husband or male live-in partner or his relatives. Domestic violence under the Act includes actual abuse or the threat of abuse whether physical, sexual, verbal, emotional or economic. Harassment by way of unlawful dowry demands to the woman or her relatives would also be covered under this definition. Among other things, Articles 14, 15, 16 and 39 guarantee equality among the sexes.
Art.14 lays down equality before the law and equal protection of the law.
Art.15 prohibits discrimination against any citizen on grounds of religion, race, sex, etc.
Art.16 guarantees equality of opportunity in matters of public employment. It says that no citizen shall be discriminated against on ground of religion, race, caste, sex, etc.
Art. 39 guarantees equal pay for equal work for both men and women.

05. Role of Commission on the Status of Women

The Commission on the Status of Women (CSW or UNCSW) is a functional commission of the United Nations Economic and Social Council (ECOSOC), one of the main UN organs within the United Nations. Every year, representatives of Member States gather at United Nations Headquarters in New York to evaluate progress on gender equality, identify challenges, set global standards and formulate concrete policies to promote gender equality and advancement of women worldwide. UN agencies actively followed their mandates to bring women into development approaches and programs and the conferences. They participate at the prepcoms, design strategy, hold caucus meetings, network about the various agenda items being negotiated in the different committees, and work as informed lobbyists at the conferences themselves. The CSW is one of the commissions of the UN that do not limit participation to states only. For example, NGOs are also allowed to participate in sessions of the CSW, attending caucuses and panels and organizing their own parallel events through the NGO Committee on the Status of Women, NY (NGO CSW/NY). This is particularly important for contested territories such as Taiwan, which is not a member of the UN. In the past few years, NGOs from Taiwan (such as the National Alliance of Taiwan Women's Associations) have been able to participate in the CSW sessions. The Commission consists of one representative from each of the 45 Member States elected by the Council on the basis of equitable geographical distribution: thirteen members from Africa; eleven from Asia; nine from Latin America and Caribbean; eight from Western Europe and other States and four from Eastern Europe. Members are elected for a period of four years. Among its activities, the CSW drafted several conventions and declarations, including the Declaration on the Elimination of Discrimination against Women in 1967 and women-focused agencies such as UNIFEM and INSTRAW. The Commission's priority theme for its 57th session, March 2013 was announced as the elimination and prevention of all forms of violence against women and girls. Ahead of that an Expert Group Meeting (EGM): prevention of violence against women and girls was held in Bangkok, Thailand, from 17 to 20 September 2012.
The UNCSW was established in 1946 as a mechanism to promote, report on and monitor issues relating to the political, economic, civil, social and educational rights of women. It was a unique official structure for drawing attention to women’s concerns and leadership within the UN. The Commission on the Status of Women first met at Lake Success, New York, in February 1947. All of the 15 government representatives were women which separated the Commission from other UN movements and through history continues to maintain a majority of women delegates. During its first session, the Commission declared as one of its guiding principles:
to raise the status of women, irrespective of nationality, race, language or religion, to equality with men in all fields of human enterprise, and to eliminate all discrimination against women in the provisions of statutory law, in legal maxims or rules, or in interpretation of customary law.
Contributing to the drafting of the Universal Declaration of Human Rights became one of the first tasks. Commission members inserted gender-sensitive language — arguing against references to “men” as a synonym for humanity and phrases like “men are brothers.” They received resistance from members of the Commission on Human Rights, but succeeded in introducing new, inclusive language.
The Commission on the Status of Women (CSW) is the principal global intergovernmental body exclusively dedicated to the promotion of gender equality and the empowerment of women. A functional commission of the Economic and Social Council (ECOSOC), it was established by Council resolution 11(II) of 21 June 1946.
The CSW is instrumental in promoting women’s rights, documenting the reality of women’s lives throughout the world, and shaping global standards on gender equality and the empowerment of women.
In 1996, ECOSOC in resolution 1996/6 expanded the Commission’s mandate and decided that it should take a leading role in monitoring and reviewing progress and problems in the implementation of the Beijing Declaration and Platform for Action, and in mainstreaming a gender perspective in UN activities. Following the adoption of the 2030 Agenda for Sustainable Development in 2015, the Commission now also contributes to the follow-up to the 2030 Agenda for Sustainable Development so as to accelerate the realization of gender equality and the empowerment of women (ECOSOC resolution 2015/6).
During the Commission’s annual two-week session, representatives of UN Member States, civil society organizations and UN entities gather at UN headquarters in New York. They discuss progress and gaps in the implementation of the 1995 Beijing Declaration and Platform for Action, the key global policy document on gender equality, and the 23rd special session of the General Assembly held in 2000 (Beijing+5), as well as emerging issues that affect gender equality and the empowerment of women. Member States agree on further actions to accelerate progress and promote women’s enjoyment of their rights in political, economic and social fields. The outcomes and recommendations of each session are forwarded to ECOSOC for follow-up.
UN Women supports all aspects of the Commission’s work. The Entity also facilitates the participation of civil society representatives.
Methods of Work
The Commission adopts multi-year work programmes to appraise progress and make further recommendations to accelerate the implementation of the Platform for Action. These recommendations take the form of negotiated agreed conclusions on a priority theme.
Under its current methods of work, established by ECOSOC resolution 2015/6, at each session the Commission:
·                     Holds a ministerial segment to reaffirm and strengthen political commitment to the realization of gender equality and the empowerment of women and girls as well as their human rights and to ensure high-level engagement and the visibility of the deliberations of the Commission;
·                     Engages in general discussion on the status of gender equality, identifying goals attained, achievements made and efforts under way to close gaps and meet challenges in relation to the priority theme and the review theme;
·                     Considers one priority theme, based on the Beijing Declaration and Platform for Action and the outcomes of the 23rd special session of the General Assembly and possible linkages to the 2030 Agenda for Sustainable Development;
·                     Evaluates progress in implementing agreed conclusions from previous sessions as a review theme;
·                     Addresses emerging issues, trends, focus areas and new approaches to questions affecting the situation of women, that require timely consideration;
·                     Plays a catalytic role for gender mainstreaming in the United Nations system and contributes gender perspectives to the work of other intergovernmental processes and functional commissions;
·                     Considers in closed meeting the report of its Working Group on Communications;
·                     Agrees on further actions for the promotion of gender equality and the empowerment of women by adopting agreed conclusions and resolutions; and
Sets aside time for the observation of International Women’s Day on 8 March, when it falls within its session.
Multi-Year Programme of Work
The Commission elaborated a multi-year programme of work for the first time in 1987, containing priority themes for discussion and action at its annual sessions, per ECOSOC resolution 1987/24. Subsequently, multi-year programmes of work were adopted in 1996 in ECOSOC resolution 1996/6, in 2001 in ECOSOC resolution 2001/4, in 2006 in ECOSOC resolution 2006/9, in 2009 in ECOSOC resolution 2009/15, in 2013 in ECOSOC resolution 2013/18 and in 2016 in ECOSOC resolution 2016/3. Since 2006, the Commission has added an annual review theme, to evaluate the implementation of agreed conclusions from a previous session.
Themes for 2010–2019 are:
·                     2010: Review of the implementation of the Beijing Declaration and Platform for Action, the outcomes of the twenty-third special session of the General Assembly and its contribution to shaping a gender perspective towards the full realization of the Millennium Development Goals.
·                     2011: Priority theme: Access and participation of women and girls to education, training, science and technology, including for the promotion of women’s equal access to full employment and decent work. Review theme: The elimination of all forms of discrimination and violence against the girl child, from the 51st session of the CSW.
·                     2012: Priority theme: The empowerment of rural women and their role in poverty and hunger eradication, development and current challenges. Review theme: Financing for gender equality and the empowerment of women, from the 52nd session of the CSW.
·                     2013: Priority theme: Elimination and prevention of all forms of violence against women and girls. Review theme: The equal sharing of responsibilities between women and men, including caregiving in the context of HIV/AIDS, from the 53rd session of the CSW.
·                     2014: Priority theme: Challenges and achievements in the implementation of the Millennium Development Goals for women and girls. Review theme: Access and participation of women and girls to education, training, science and technology, including for the promotion of women’s equal access to full employment and decent work, from the 54th session of the CSW.
·                     2015: Review and appraisal of the implementation of the Beijing Declaration and Platform for Action and the outcomes of the twenty-third special session of the General Assembly, including current challenges that affect the implementation of the Platform for Action and the achievement of gender equality and the empowerment of women, as well as opportunities for strengthening gender equality and the empowerment of women in the post‑2015 development agenda through the integration of a gender perspective.
·                     2016: Priority theme: Women’s empowerment and the link to sustainable development. Review theme: The elimination and prevention of all forms of violence against women and girls, from the 57th session of the CSW.
·                     2017: Priority theme: Women’s economic empowerment in the changing world of work. Review theme: Challenges and achievements in the implementation of the Millennium Development Goals for women and girls, from the 58th session of the CSW.
·                     2018: Priority theme: Challenges and opportunities in achieving gender equality and the empowerment of rural women and girls. Review theme: Participation in and access of women to the media, and information and communications technologies and their impact on and use as an instrument for the advancement and empowerment of women, from the 47th session of the CSW.
·                     2019: Priority theme: Social protection systems, access to public services and sustainable infrastructure for gender equality and the empowerment of women and girls. Review theme: Women’s empowerment and the link to sustainable development, from the 60th session of the CSW.

06. UN Women

In July 2010, the United Nations General Assembly created UN Women, the United Nations Entity for Gender Equality and the Empowerment of Women. In doing so, UN Member States took an historic step in accelerating the Organization’s goals on gender equality and the empowerment of women. The creation of UN Women came about as part of the UN reform agenda, bringing together resources and mandates for greater impact. It merges and builds on the important work of four previously distinct parts of the UN system, which focused exclusively on gender equality and women’s empowerment:
·                     Division for the Advancement of Women (DAW)
·                     International Research and Training Institute for the Advancement of Women (INSTRAW)
·                     Office of the Special Adviser on Gender Issues and Advancement of Women (OSAGI)
·                     United Nations Development Fund for Women (UNIFEM)
The main roles of UN Women are:
·                     To support inter-governmental bodies, such as the Commission on the Status of Women, in their formulation of policies, global standards and norms.
·                     To help Member States to implement these standards, standing ready to provide suitable technical and financial support to those countries that request it, and to forge effective partnerships with civil society.
·                     To lead and coordinate the UN system’s work on gender equality as well as promote accountability, including through regular monitoring of system-wide progress.
Meeting the Needs of the World’s Women
Over many decades, the UN has made significant progress in advancing gender equality, including through landmark agreements such as the Beijing Declaration and Platform for Action and the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW). Gender equality is not only a basic human right, but its achievement has enormous socio-economic ramifications. Empowering women fuels thriving economies, spurring productivity and growth. Yet gender inequalities remain deeply entrenched in every society. Women lack access to decent work and face occupational segregation and gender wage gaps. They are too often denied access to basic education and health care. Women in all parts of the world suffer violence and discrimination. They are under-represented in political and economic decision-making processes. For many years, the UN has faced serious challenges in its efforts to promote gender equality globally, including inadequate funding and no single recognized driver to direct UN activities on gender equality issues. UN Women was created to address such challenges. It will be a dynamic and strong champion for women and girls, providing them with a powerful voice at the global, regional and local levels. Grounded in the vision of equality enshrined in the UN Charter, UN Women, among other issues, works for the:
·                     elimination of discrimination against women and girls;
·                     empowerment of women; and
·                     achievement of equality between women and men as partners and beneficiaries of development, human rights, humanitarian action and peace and security

07. UN Initiatives to Protect Older People

Existing documents devoted to ageing and older people
The 1982 Vienna International Plan of Action on Ageing is the first international document on ageing, created by the first World Assembly on Ageing, and later endorsed by UN General Assembly resolution 37/51. It is developmental in focus, outlining principles and recommendations on areas such as the family, social welfare, health and income security. General references are made to human rights via reaffirmation of the applicability of the principles and objectives of the Universal Declaration of Human Rights to older people.
The UN Principles for Older Persons were adopted by UN General Assembly resolution A46/91 of 1991. These Principles are preceded by a reaffirmation of faith in fundamental and equal human rights, however, this text is not binding.
The 2002 Madrid International Plan of Action on Ageing (MIPAA) was adopted by the Second World Assembly on Ageing, along with a political declaration. It contains three priority themes: development; health and well - being; and enabling environments.
Eliminating age-based discrimination and promoting the human rights of older people are issues that do emerge in this non-binding document. However, as the report of the United Nations High Commissioner for Human Rights to the Economic and Social Council noted in July 2012, implementation of the Plan of Action “does not systematically consider linkages to the obligations of the State parties under international human rights instruments.” Regional action plans have been created, however, monitoring of implementation has been weak. The limited and sometimes non-existent awareness of MIPAA and its limited implementation was recognised by the UN General Assembly in 2011 in resolution 65/182.
Its lack of impact is further evidenced by the fact that only 42 States out of the then 192 responded to the request for information on its implementation within that same resolution. Whilst some commitments in the political declaration may reinforce human rights, MIPAA is not a human rights treaty. Governments have no legal obligation to implement any of the recommendations within MIPAA, and there is no independent monitoring mechanism. Moreover, it does not constitute a comprehensive human rights framework and important human rights issues for older people, such as equality before the law, non-discrimination, access to effective remedies, and freedom from torture or other cruel, inhuman or degrading treatment or punishment, are not included. Why not just improve implementation of existing documents devoted to older people?
Scope and depth:
These three plans or principles are the only international documents devoted to ageing and whilst they have moral weight, they have no legally-binding power. Even if States were to implement each recommendation to the letter in good faith, they would not address the full range of specific rights older people require. They do not provide for independent monitoring or accountability mechanisms to assess progress, or an investigatory body for violations and non-compliance. Implementation without stringent monitoring also provides no feedback to further improve programmes.
The target population and other stakeholders have no basis to call upon their government to enforce equal treatment and protection with the offerings of these documents.
Legal certainty:
Some who oppose the development of new international standards specific to older people's rights have argued that since all human rights are universal, provisions within existing human rights law are applicable to older people, and therefore attempts to further clarify States' obligations are unnecessary. However, for international human rights law to be effectively incorporated and upheld in national law, there must be legal certainty of how human rights obligations apply to different people and in different circumstances. Human rights law has never been comprehensively applied to older people or the context of ageing. As a result, there is a lack of legal certainty and clarity which threatens the equal protection of older people’s rights. Improved implementation of existing policy documents alone will not address this protection gap.
Multiple “gaps”: Implementation gaps represent only one type of legal gap facing the world’s older people. Addressing one gap and not others could result in any number of problems, including weak legal standards, high theoretical standards that are not put into practice, low levels of accountability, and the inability for dialogue around lessons learned for continuous improvement in levels of progress.
Binding international human rights law and older people
None of the foundational human rights instruments, namely the Universal Declaration on Human Rights (UDHR), the International Covenant on Civil and Political Rights (ICCPR), or the International Covenant on Economic, Social and Cultural Rights (ICESCR) explicitly prohibits discrimination on the basis of age.
To explore the exact language of those foundational documents in greater detail, UDHR Article 2 states that “Everyone is entitled to all the rights and freedoms set forth in this Declaration, 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” Whilst not binding, the UDHR provides the basis, language and moral force for subsequent human rights instruments.
Both the ICCPR and the ICESCR ensure that the rights contained within are applicable to all people “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” Within the subsequent nine core international human rights treaties, only one prohibits discrimination on the basis of age and two mention older people.

08. International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families 1990

On 1 July 2003, the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families entered into force, after the threshold of 20 ratifying States was reached in March 2003. Today, the number of international migrants is between 185 and 192 million. This represents approximately three per cent of the world population, and is comparable to the population of Brazil. Nearly all countries are concerned by migration, whether as sending, transit, or receiving countries, or as a combination of these. International migration has become an intrinsic feature of globalization.
The United Nations (UN) Convention constitutes a comprehensive international treaty regarding the protection of migrant workers’ rights. It emphasizes the connection between migration and human rights, which is increasingly becoming a crucial policy topic worldwide. The Convention does not create new rights for migrants but aims at guaranteeing equality of treatment, and the same working conditions for migrants and nationals. This implies notably:
Preventing inhumane living and working conditions, physical and sexual abuse, and degrading treatment (articles 10-11, 25, 54);
Guaranteeing migrants’ rights to freedom of thought, expression and religion (articles 12-13);
Guaranteeing migrants’ access to information on their rights (articles 33, 37);
Ensuring their right to legal equality, which implies that migrants are subject to correct procedures, have access to interpreting services and are not sentenced to disproportionate penalties such as expulsion (articles 16-20, 22);
Guaranteeing migrants’ access to educational and social services (articles 27-28, 30, 43-45, 54);
Ensuring that migrants have the right to participate in trade unions (articles 26, 40).
The Convention also states that migrants should have the right to remain connected to their country of origin. This implies:
Ensuring that migrants can return to their country of origin if they so wish, and that they are allowed to pay occasional visits and are encouraged to maintain cultural links (articles 8, 31, 38);
Guaranteeing migrants’ political participation in the country of origin (articles 41-42);
Ensuring migrants’ right to transfer their earnings to their home country (articles 32, 46-48).

09. Convention relating to the Status of Refugees, 1954

The Convention Relating to the Status of Refugees, also known as the 1951 Refugee Convention, is a United Nations multilateral treaty that defines who is a refugee, and sets out the rights of individuals who are granted asylum and the responsibilities of nations that grant asylum. The Convention also sets out which people do not qualify as refugees, such as war criminals. The Convention also provides for some visa-free travel for holders of travel documents issued under the convention. Although the Refugee Convention was agreed in Geneva, it is considered incorrect to refer to it as "the Geneva Convention," because there are four treaties regulating armed conflict better known as the Geneva Conventions.
The Refugee Convention builds on Article 14 of the 1948 Universal Declaration of Human Rights, which recognizes the right of persons to seek asylum from persecution in other countries. A refugee may enjoy rights and benefits in a state in addition to those provided for in the Convention.
Rights and responsibilities of parties to the Refugee Convention
In the general principle of international law, treaties in force are binding upon the parties to it and must be performed in good faith. Countries that have ratified the Refugee Convention are obliged to protect refugees that are on their territory, in accordance with its terms. There are a number of provisions that States parties to the Refugee Convention must adhere to.
Refugees shall
·                     abide by the national laws of the contracting states (Article 2)
The contracting states shall
·                     exempt refugees from reciprocity (Article 7): That means that the granting of a right to a refugee should not be subject to the granting of similar treatment by the refugee's country of nationality, because refugees do not enjoy the protection of their home state.
·                     be able to take provisional measures against a refugee if needed in the interest of essential national security (Article 9)
·                     respect a refugee's personal status and the rights that come with it, particularly rights related to marriage (Article 12)
·                     provide free access to courts for refugees (Article 16)
·                     provide administrative assistance for refugees (Article 25)
·                     provide identity papers for refugees (Article 27)
·                     provide travel documents for refugees (Article 28)
·                     allow refugees to transfer their assets (Article 30)
·                     provide the possibility of assimilation and naturalization to refugees (Article 34)
·                     cooperate with the UNHCR (Article 35) in the exercise of its functions and to help UNHCR supervise the implementation of the provisions in the Convention.
·                     provide information on any national legislation they may adopt to ensure the application of the Convention (Article 36).
·                     settle disputes they may have with other contracting states at the International Court of Justice if not otherwise possible (Article 38)
The contracting states shall not
·                     discriminate against refugees (Article 3)
·                     take exceptional measures against a refugee solely on account of his or her nationality (Article 8)
·                     expect refugees to pay taxes and fiscal charges that are different to those of nationals (Article 29)
·                     impose penalties of refugees who entered illegally in search of asylum if they present themselves (Article 31)
·                     expel refugees (Article 32)
·                     forcibly return or "refoul" refugees to the country they've fled from (Article 33). It is widely accepted that the prohibition of forcible return is part of customary international law. This means that even States that are not party to the 1951 Refugee Convention must respect the principle of non-refoulement. Therefore, States are obligated under the Convention and under customary international law to respect the principle of non-refoulement. If and when this principle is threatened, UNHCR can respond by intervening with relevant authorities, and if it deems necessary, will inform the public.
Refugees shall be treated at least like nationals in relation to
·                     freedom to practice their religion (Article 4)
·                     the respect and protection of artistic rights and industrial property (Article 14)
·                     rationing (Article 20)
·                     elementary education (Article 22)
·                     public relief and assistance (Article 23)
·                     labour legislation and social security (Article 24)
Refugees shall be treated at least like other non-nationals in relation to
·                     movable and immovable property (Article 13)
·                     the right of association in unions or other associations (Article 15)
·                     wage-earning employment (Article 17)
·                     self-employment (Article 18)
·                     practice of the liberal professions (Article 19)
·                     housing (Article 21)
·                     education higher than elementary (Article 22)
·                     the right to free movement and free choice of residence within the country (Article 26)

10. Brief introduction to International Humanitarian law

01. Introduction

International humanitarian law (IHL) is the law that regulates the conduct of war (jus in bello). It is that branch of international law which seeks to limit the effects of armed conflict by protecting persons who are not participating in hostilities, and by restricting and regulating the means and methods of warfare available to combatants. IHL is inspired by considerations of humanity and the mitigation of human suffering. "It comprises a set of rules, established by treaty or custom, that seeks to protect persons and property/objects that are (or may be) affected by armed conflict and limits the rights of parties to a conflict to use methods and means of warfare of their choice". It includes "the Geneva Conventions and the Hague Conventions, as well as subsequent treaties, case law, and customary international law." It defines the conduct and responsibilities of belligerent nations, neutral nations, and individuals engaged in warfare, in relation to each other and to protected persons, usually meaning non-combatants. It is designed to balance humanitarian concerns and military necessity, and subjects warfare to the rule of law by limiting its destructive effect and mitigating human suffering.
Serious violations of international humanitarian law are called war crimes. International humanitarian law, jus in bello, regulates the conduct of forces when engaged in war or armed conflict. It is distinct from jus ad bellum which regulates the conduct of engaging in war or armed conflict and includes crimes against peace and of war of aggression. Together the jus in bello and jus ad bellum comprise the two strands of the laws of war governing all aspects of international armed conflicts.
The law is mandatory for nations bound by the appropriate treaties. There are also other customary unwritten rules of war, many of which were explored at the Nuremberg War Trials. By extension, they also define both the permissive rights of these powers as well as prohibitions on their conduct when dealing with irregular forces and non-signatories.
International humanitarian law operates on a strict division between rules applicable in international armed conflict and internal armed conflict. This dichotomy is widely criticized.
The relationship between international human rights law and international humanitarian law is disputed among international law scholars. This discussion forms part of a larger discussion on fragmentation of international law. While pluralist scholars conceive international human rights law as being distinct from international humanitarian law, proponents of the constitutionalist approach regard the latter as a subset of the former. In a nutshell, those who favor separate, self-contained regimes emphasize the differences in applicability; international humanitarian law applies only during armed conflict. On the other hand, a more systemic perspective explains that international humanitarian law represents a function of international human rights law; it includes general norms that apply to everyone at all time as well as specialized norms which apply to certain situations such as armed conflict and military occupation (i.e., IHL) or to certain groups of people including refugees (e.g., the 1951 Refugee Convention), children (the 1989 Convention on the Rights of the Child), and prisoners of war (the 1949 Third Geneva Convention).

02. Two historical streams: The Law of Geneva and The Law of The Hague

Modern international humanitarian law is made up of two historical streams:
1.                   The law of The Hague, referred to in the past as the law of war proper; and
2.                   The law of Geneva, or humanitarian law.
The two streams take their names from a number of international conferences which drew up treaties relating to war and conflict, in particular the Hague Conventions of 1899 and 1907, and the Geneva Conventions, the first which was drawn up in 1863. Both are branches of jus in bello, international law regarding acceptable practices while engaged in war and armed conflict.
The Law of The Hague, or the laws of war proper, "determines the rights and duties of belligerents in the conduct of operations and limits the choice of means in doing harm." In particular, it concerns itself with
·                     the definition of combatants;
·                     establishes rules relating to the means and methods of warfare;
·                     and examines the issue of military objectives.
Systematic attempts to limit the savagery of warfare only began to develop in the 19th century. Such concerns were able to build on the changing view of warfare by states influenced by the Age of Enlightenment. The purpose of warfare was to overcome the enemy state, which could be done by disabling the enemy combatants. Thus, "the distinction between combatants and civilians, the requirement that wounded and captured enemy combatants must be treated humanely, and that quarter must be given, some of the pillars of modern humanitarian law, all follow from this principle."
The Law of Geneva
The massacre of civilians in the midst of armed conflict has a long and dark history. Selected examples include
·                     the massacre of the inhabitants of Jericho by the Israelites under Joshua ( Most scholars agree that the book of Joshua holds little of historical value on this )
·                     the massacres of the Kalingas by Ashoka in India;
·                     the massacre of some 100,000 Hindus by the Muslim troops of Timur (Tamerlane); and
·                     the Crusader massacres of Jews and Muslims in the Siege of Jerusalem (1099),
to name only a few examples drawn from a long list in history. Fritz Munch sums up historical military practice before 1800: "The essential points seem to be these: In battle and in towns taken by force, combatants and non-combatants were killed and property was destroyed or looted." In the 17th century, the Dutch jurist Hugo Grotius, widely regarded as the founder or father of public international law, wrote that "wars, for the attainment of their objects, it cannot be denied, must employ force and terror as their most proper agents."

03. Humanitarian norms in history

Even in the midst of the carnage of history, however, there have been frequent expressions and invocation of humanitarian norms for the protection of the victims of armed conflicts: the wounded, the sick and the shipwrecked. These date back to ancient times.
In the Old Testament, the King of Israel prevents the slaying of the captured, following the prophet Elisha's admonition to spare enemy prisoners. In answer to a question from the King, Elisha said, "You shall not slay them. Would you slay those whom you have taken captive with your sword and with your bow? Set bread and water before them, that they may eat and drink and go to their master."
In ancient India there are records (the Laws of Manu, for example) describing the types of weapons that should not be used: "When he fights with his foes in battle, let him not strike with weapons concealed (in wood), nor with (such as are) barbed, poisoned, or the points of which are blazing with fire." There is also the command not to strike a eunuch nor the enemy "who folds his hands in supplication ... Nor one who sleeps, nor one who has lost his coat of mail, nor one who is naked, nor one who is disarmed, nor one who looks on without taking part in the fight."
Islamic law states that "non-combatants who did not take part in fighting such as women, children, monks and hermits, the aged, blind, and insane" were not to be molested. The first Caliph, Abu Bakr, proclaimed, "Do not mutilate. Do not kill little children or old men or women. Do not cut off the heads of palm trees or burn them. Do not cut down fruit trees. Do not slaughter livestock except for food." Islamic jurists have held that a prisoner should not be killed, as he "cannot be held responsible for mere acts of belligerency."
Islamic law did not spare all non-combatants, however. In the case of those who refused to convert to Islam, or to pay an alternative tax, Muslims "were allowed in principle to kill any one of them, combatants or noncombatants, provided they were not killed treacherously and with mutilation."

04. Codification of humanitarian norms

The most important antecedent of IHL is the current Armistice Agreement and Regularization of War, signed and ratified in 1820 between the authorities of the then Government of Great Colombia and the Chief of the Expeditionary Forces of the Spanish Crown, in the Venezuelan city of santa Ana de Trujillo. This treaty was signed under the conflict of Independence, being the first of its kind in the West.
It was not until the second half of the 19th century, however, that a more systematic approach was initiated. In the United States, a German immigrant, Francis Lieber, drew up a code of conduct in 1863, which came to be known as the Lieber Code, for the Union Army during the American Civil War. The Lieber Code included the humane treatment of civilian populations in the areas of conflict, and also forbade the execution of POWs.
At the same time, the involvement during the Crimean War of a number of such individuals as Florence Nightingale and Henry Dunant, a Genevese businessman who had worked with wounded soldiers at the Battle of Solferino, led to more systematic efforts to prevent the suffering of war victims. Dunant wrote a book, which he titled A Memory of Solferino, in which he described the horrors he had witnessed. His reports were so shocking that they led to the founding of the International Committee of the Red Cross (ICRC) in 1863, and the convening of a conference in Geneva in 1864, which drew up the Geneva Convention for the Amelioration of the Condition of the Wounded in Armies in the Field.
The Law of Geneva is directly inspired by the principle of humanity. It relates to those who are not participating in the conflict, as well as to military personnel hors de combat. It provides the legal basis for protection and humanitarian assistance carried out by impartial humanitarian organizations such as the ICRC. This focus can be found in the Geneva Conventions.

05. Geneva Conventions

The Geneva Conventions are the result of a process that developed in a number of stages between 1864 and 1949. It focused on the protection of civilians and those who can no longer fight in an armed conflict. As a result of World War II, all four conventions were revised, based on previous revisions and on some of the 1907 Hague Conventions, and readopted by the international community in 1949. Later conferences have added provisions prohibiting certain methods of warfare and addressing issues of civil wars.
The first three Geneva Conventions were revised, expanded, and replaced, and the fourth one was added, in 1949.
·                     The Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field was adopted in 1864. It was significantly revised and replaced by the 1906 version, the 1929 version, and later the First Geneva Convention of 1949.
·                     The Geneva Convention for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea was adopted in 1906. It was significantly revised and replaced by the Second Geneva Convention of 1949.
·                     The Geneva Convention relative to the Treatment of Prisoners of War was adopted in 1929. It was significantly revised and replaced by the Third Geneva Convention of 1949.
·                     The Fourth Geneva Convention relative to the Protection of Civilian Persons in Time of War was adopted in 1949.
There are three additional amendment protocols to the Geneva Convention:
1.                   Protocol I (1977): Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts. As of 12 January 2007 it had been ratified by 167 countries.
2.                   Protocol II (1977): Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of Non-International Armed Conflicts. As of 12 January 2007 it had been ratified by 163 countries.
3.                   Protocol III (2005): Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Adoption of an Additional Distinctive Emblem. As of June 2007 it had been ratified by seventeen countries and signed but not yet ratified by an additional 68.
The Geneva Conventions of 1949 may be seen, therefore, as the result of a process which began in 1864. Today they have "achieved universal participation with 194 parties." This means that they apply to almost any international armed conflict. The Additional Protocols, however, have yet to achieve near-universal acceptance, since the United States and several other significant military powers (like Iran, Israel, India and Pakistan) are currently not parties to them.
Historical convergence between IHL and the laws of war
With the adoption of the 1977 Additional Protocols to the Geneva Conventions, the two strains of law began to converge, although provisions focusing on humanity could already be found in the Hague law (i.e. the protection of certain prisoners of war and civilians in occupied territories). The 1977 Additional Protocols, relating to the protection of victims in both international and internal conflict, not only incorporated aspects of both the Law of The Hague and the Law of Geneva, but also important human rights provisions.

06. Basic rules of IHL

1.                   Persons who are hors de combat (outside of combat), and those who are not taking part in hostilities in situation of armed conflict (e.g., neutral nationals), shall be protected in all circumstances.
2.                   The wounded and the sick shall be cared for and protected by the party to the conflict which has them in its power. The emblem of the "Red Cross," or of the "Red Crescent," shall be required to be respected as the sign of protection.
3.                   Captured persons must be protected against acts of violence and reprisals. They shall have the right to correspond with their families and to receive relief.
4.                   No one shall be subjected to torture or to cruel, inhuman, or degrading treatment or punishment.
5.                   Parties to a conflict do not have an unlimited choice of methods and means of warfare.
6.                   Parties to a conflict shall at all times distinguish between combatants and non-combatants. Attacks shall be directed solely against legitimate military targets.
Examples
Well-known examples of such rules include the prohibition on attacking doctors or ambulances displaying a red cross. It is also prohibited to fire at a person or vehicle bearing a white flag, since that, being considered the flag of truce, indicates an intent to surrender or a desire to communicate. In either case, the persons protected by the Red Cross or the white flag are expected to maintain neutrality, and may not engage in warlike acts themselves; in fact, engaging in war activities under a white flag or a red cross is itself a violation of the laws of war.
These examples of the laws of war address:
·                     declarations of war;
·                     acceptance of surrender;
·                     the treatment of prisoners of war;
·                     the avoidance of atrocities;
·                     the prohibition on deliberately attacking non-combatants; and
·                     the prohibition of certain inhumane weapons.
It is a violation of the laws of war to engage in combat without meeting certain requirements, among them the wearing of a distinctive uniform or other easily identifiable badge, and the carrying of weapons openly. Impersonating soldiers of the other side by wearing the enemy's uniform is allowed, though fighting in that uniform is unlawful perfidy, as is the taking of hostages.
Later additions
International humanitarian law now includes several treaties that outlaw specific weapons. These conventions were created largely because these weapons cause deaths and injuries long after conflicts have ended. Unexploded land mines have caused up to 7,000 deaths a year; unexploded bombs, particularly from cluster bombs that scatter many small "bomblets," have also killed many. An estimated 98% of the victims are civilian; farmers tilling their fields and children who find these explosives have been common victims. For these reasons, the following conventions have been adopted:
·                     The Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons Which May Be Deemed to Be Excessively Injurious or to Have Indiscriminate Effects (1980), which prohibits weapons that produce non-detectable fragments, restricts (but does not eliminate) the use of mines and booby-traps, prohibits attacking civilians with incendiary weapons, prohibits blinding laser weapons, and requires the warring parties to clear unexploded ordnance at the end of hostilities;
·                     The Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-Personnel Mines and on their Destruction (1997), also called the Ottawa Treaty or the Mine Ban Treaty, which completely bans the stockpiling (except to a limited degree, for training purposes) and use of all anti-personnel land mines;
·                     The Optional Protocol on the Involvement of Children in Armed Conflict (2000), an amendment to the Convention on the Rights of the Child (1989), which forbids the enlistment of anyone under the age of eighteen for armed conflict; and
·                     The Convention on Cluster Munitions (2008), which prohibits the use of bombs that scatter bomblets, many of which do not explode and remain dangerous long after a conflict has ended.
The ICRC is the only institution explicitly named under international humanitarian law as a controlling authority. The legal mandate of the ICRC stems from the four Geneva Conventions of 1949, as well as from its own Statutes.
"The International Committee of the Red Cross (ICRC) is an impartial, neutral, and independent organization whose exclusively humanitarian mission is to protect the lives and dignity of victims of war and internal violence and to provide them with assistance."

07. Mission of ICRC

Violations and punishment
During conflict, punishment for violating the laws of war may consist of a specific, deliberate and limited violation of the laws of war in reprisal.
Combatants who break specific provisions of the laws of war lose the protections and status afforded to them as prisoners of war, but only after facing a "competent tribunal." At that point, they become unlawful combatants, but must still be "treated with humanity and, in case of trial, shall not be deprived of the rights of fair and regular trial," because they are still covered by GC IV Art 5.
Spies and terrorists are only protected by the laws of war if the "power" which holds them is in a state of armed conflict or war, and until they are found to be an "unlawful combatant." Depending on the circumstances, they may be subject to civilian law or a military tribunal for their acts. In practice, they have often have been subjected to torture and execution. The laws of war neither approve nor condemn such acts, which fall outside their scope. Spies may only be punished following a trial; if captured after rejoining their own army, they must be treated as prisoners of war. Suspected terrorists who are captured during an armed conflict, without having participated in the hostilities, may be detained only in accordance with the GC IV, and are entitled to a regular trial. Countries that have signed the UN Convention Against Torture have committed themselves not to use torture on anyone for any reason.
After a conflict has ended, persons who have committed any breach of the laws of war, and especially atrocities, may be held individually accountable for war crimes through process of law.
Key provisions and principles applicable to civilians
The Fourth Geneva Convention focuses on the civilian population. The two additional protocols adopted in 1977 extend and strengthen civilian protection in international (AP I) and non-international (AP II) armed conflict: for example, by introducing the prohibition of direct attacks against civilians. A "civilian" is defined as "any person not belonging to the armed forces," including non-nationals and refugees. However, it is accepted that operations may cause civilian casualties. Luis Moreno Ocampo, chief prosecutor of the international criminal court, wrote in 2006: "International humanitarian law and the Rome statute permit belligerents to carry out proportionate attacks against military objectives, even when it is known that some civilian deaths or injuries will occur. A crime occurs if there is an intentional attack directed against civilians (principle of distinction) ... or an attack is launched on a military objective in the knowledge that the incidental civilian injuries would be clearly excessive in relation to the anticipated military advantage (principle of proportionality)."
The provisions and principles of IHL which seek to protect civilians are: IHL provisions and principles protecting civilians

08. Principle of distinction

The principle of distinction protects civilian population and civilian objects from the effects of military operations. It requires parties to an armed conflict to distinguish at all times, and under all circumstances, between combatants and military objectives on the one hand, and civilians and civilian objects on the other; and only to target the former. It also provides that civilians lose such protection should they take a direct part in hostilities. The principle of distinction has also been found by the ICRC to be reflected in state practice; it is therefore an established norm of customary international law in both international and non-international armed conflicts.
01. Necessity and proportionality
Necessity and proportionality are established principles in humanitarian law. Under IHL, a belligerent may apply only the amount and kind of force necessary to defeat the enemy. Further, attacks on military objects must not cause loss of civilian life considered excessive in relation to the direct military advantage anticipated. Every feasible precaution must be taken by commanders to avoid civilian casualties. The principle of proportionality has also been found by the ICRC to form part of customary international law in international and non-international armed conflicts.
02. Principle of humane treatment
The principle of humane treatment requires that civilians be treated humanely at all times. Common Article 3 of the GCs prohibits violence to life and person (including cruel treatment and torture), the taking of hostages, humiliating and degrading treatment, and execution without regular trial against non-combatants, including persons hors de combat (wounded, sick and shipwrecked). Civilians are entitled to respect for their physical and mental integrity, their honour, family rights, religious convictions and practices, and their manners and customs. This principle of humane treatment has been affirmed by the ICRC as a norm of customary international law, applicable in both international and non-international armed conflicts.
03. Principle of non-discrimination
The principle of non-discrimination is a core principle of IHL. Adverse distinction based on race, sex, nationality, religious belief or political opinion is prohibited in the treatment of prisoners of war, civilians, and persons hors de combat. All protected persons shall be treated with the same consideration by parties to the conflict, without distinction based on race, religion, sex or political opinion. Each and every person affected by armed conflict is entitled to his fundamental rights and guarantees, without discrimination. The prohibition against adverse distinction is also considered by the ICRC to form part of customary international law in international and non-international armed conflict.
04. Women and children
Women and children are granted preferential treatment, respect and protection. Women must be protected from rape and from any form of indecent assault. Children under the age of eighteen must not be permitted to take part in hostilities.
05. Gender and culture
Gender
IHL emphasises, in various provisions in the GCs and APs, the concept of formal equality and non-discrimination. Protections should be provided "without any adverse distinction founded on sex." For example, with regard to female prisoners of war, women are required to receive treatment "as favourable as that granted to men." In addition to claims of formal equality, IHL mandates special protections to women, providing female prisoners of war with separate dormitories from men, for example, and prohibiting sexual violence against women.
The reality of women's and men's lived experiences of conflict has highlighted some of the gender limitations of IHL. Feminist critics have challenged IHL's focus on male combatants and its relegation of women to the status of victims, and its granting them legitimacy almost exclusively as child-rearers. A study of the 42 provisions relating to women within the Geneva Conventions and the Additional Protocols found that almost half address women who are expectant or nursing mothers. Others have argued that the issue of sexual violence against men in conflict has not yet received the attention it deserves.
Soft-law instruments have been relied on to supplement the protection of women in armed conflict:
·                     UN Security Council Resolutions 1888 and 1889 (2009), which aim to enhance the protection of women and children against sexual violations in armed conflict; and
·                     Resolution 1325, which aims to improve the participation of women in post-conflict peacebuilding.
Read together with other legal mechanisms, in particular the UN Convention for the Elimination of All Forms of Discrimination Against Women (CEDAW), these can enhance interpretation and implementation of IHL.
In addition, international criminal tribunals (like the International Criminal Tribunals for the former Yugoslavia and Rwanda) and mixed tribunals (like the Special Court for Sierra Leone) have contributed to expanding the scope of definitions of sexual violence and rape in conflict. They have effectively prosecuted sexual and gender-based crimes committed during armed conflict. There is now well-established jurisprudence on gender-based crimes. Nonetheless, there remains an urgent need to further develop constructions of gender within international humanitarian law.
Culture
IHL has generally not been subject to the same debates and criticisms of "cultural relativism" as have international human rights. Although the modern codification of IHL in the Geneva Conventions and the Additional Protocols is relatively new, and European in name, the core concepts are not new, and laws relating to warfare can be found in all cultures.
ICRC studies on the Middle East, Somalia, Latin America, and the Pacific, for example have found that there are traditional and long-standing practices in various cultures that preceded, but are generally consistent with, modern IHL. It is important to respect local and cultural practices that are in line with IHL. Relying on these links and on local practices can help to promote awareness of and adherence to IHL principles among local groups and communities.
Durham cautions that, although traditional practices and IHL legal norms are largely compatible, it is important not to assume perfect alignment. There are areas in which legal norms and cultural practices clash. Violence against women, for example, is frequently legitimized by arguments from culture, and yet is prohibited in IHL and other international law. In such cases, it is important to ensure that IHL is not negatively affected.

08. Conclusion

The concept of Human Rights has been with the humanity from time immemorial, but its violations were also frequent during all these times. The question before every contemporary society is whether it has the cultural strength to uphold the Human Rights than its convenient violation of or deviation from these rights or values. It is true that the concepts of Human Rights also evolve and also vary from time to time and from people to people and even from Nation to Nation. The modern concept of a universal model of Human Rights is recognized by Nations and its people as upholding the dignity of people, but these Nations are never reluctant to violate them at the cost of National Security or the interest of the ruling class.
Keeping Human Rights should no longer be the duty of reasonable prudent men, but must be that of a responsible and dignified State.
The large gap between the justiciable and non-justiciable Human Rights should also be curtailed by well guided political, legal and legislative actions. Human Rights should be felt by the people are a reality than a utopian concept.

APPENDICISES

APPENDIX I Universal Declaration of Human Rights

Adopted and proclaimed by General Assembly resolution 217 A (III) of 10 December 1948
On December 10, 1948 the General Assembly of the United Nations adopted and proclaimed the Universal Declaration of Human Rights the full text of which appears in the following pages. Following this historic act the Assembly called upon all Member countries to publicize the text of the Declaration and “to cause it to be disseminated, displayed, read and expounded principally in schools and other educational institutions, without distinction based on the political status of countries or territories.”
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, colour, 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, nonself-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 law 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, nor to attacks upon his honour 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.
(1) 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, practise, 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) Th e 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 cooperation 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 favourable 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 favourable 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 in which the rights and freedoms set forth in this Declaration can be fully realized.
Article 29.
(1) Everyone has duties to the community in which alone 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 to 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 to perform any act aimed at the destruction of any of the rights and freedoms set forth herein.

APPENDIX II A Chronology of the Global Human Rights Struggle

Many religious texts emphasize the importance of equality, dignity and responsibility to help others
Over 3,000 years ago Hindu Vedas, Agamas and Upanishads; Judaic text the Torah
2,500 years ago Buddhist Tripitaka and A guttara-Nikaya and Confucianist Analects, Doctrine of the Mean and Great Learning
Codes of conduct-Menes, Asoka, Hammurabi, Draco, Cyrus, Moses, Solo and Manu
2,000 years ago Christian New Testament, and 600 years later, Islamic Qur'an,
1215 Magna Carta signed, acknowledging that even a sovereign is not above the law
1625 Dutch jurist Hugo Grotius credited with birth of international law
1690 John Locke develops idea of natural rights in Second Treatise of Government
1789 The French Revolution and the Declaration of the Rights of Man and of the Citizen
1815 Slave revolts in Latin America and in France
1830s Movements for social and economic rights - Ramakrishna in India, religious movements in the West
1840 In Ireland the Chartist Movement demands universal suffrage and rights for workers and poor people
1847 Liberian Revolution
1861 Liberation from serfdom in Russia
1792 Mary Wollstonecraft's A Vindication of the Rights of Woman
1860s In Iran Mirza Fath Ali Akhundzade and in China Tan Sitong argue for gender equality
1860s Rosa Guerra's periodical La Camelia champions equality for women throughout Latin America
1860s In Japan Toshiko Kishida publishes an essay, I Tell You, My Fellow Sisters
1860-80 More than 50 bilateral treaties on abolition of the slave trade, in all regions
1809 Ombudsman institution established in Sweden
1815 Committee on the International Slave Trade Issue, at the Congress of Vienna
1839 Antislavery Society in Britain, followed in 1860s by Confederacao Abolicionista in Brazil
1863 International Committee of the Red Cross
1864 International Working Men's Association
1898 League of Human Rights, an NGO, in response to the Dreyfus Affair
1900-15 Colonized peoples rise up against imperialism in Asia and Africa
1900 First Pan-African Congress in London
1902 International Alliance for Suffrage and equal Citizenship
1905 Trade unions form international federations
1905 Workers movements in Europe, India and the US; in Moscow 300,000 workers demonstrate
1906 International convention prohibitinng night work for women in industrial employment
1907 Central American Peace Conference provides for aliens' right to appeal to courts where they reside
1910 International Ladies' Garment Workers' Union
1910 Peasants mobilize for land rights in Mexico
1914-18 First World War
1914 onward Independence movements and riots in Europe, Africa and Asia
1915 Massacres of Armenians by the Turks
1916 Self-determination addressed in Lenin's Imperialism, the Highest Stage of Capitalism
1917 Russian Revolution
1918 Self-determination addressed in Wilson's “Fourteen Points”
1919 Versailles Treaty stresses right to self-determination and minority rights
1919 Pan-African Congress demands right to self-determination in colonial possessions
1919 Widespread protests against the exclusion of racial equality from the Covenant of the League of Nations
1919 League of Nations and Court of International Justice
1919 International Labour Organization (ILO), to advocate human rights embodied in labour law
1919 Women's International League for Peace and Freedom
1919 NGOs devoted to women's rights start addressing children's rights; Save the Children (UK)
1920s National Congress of British West Africa in Accra, to promote self-determination
1920s Campaigns for women's rights to contraceptive in formation by Ellen Key, Margaret Sanger, Shizue Ishimoto
1920s General strikes and armed conflict between workers and owners in industrialized world
1922 Fourteen National human rights leagues establish International Federation of Human Rights Leagues
1923 Fifth Conference of the American Republics, in Santiago, Chile, addresses women's rights
1924 Geneva Declaration of the Rights of the Child
1924 US Congress approves Snyder Act, granting all Native Americans full citizenship
1925 Representatives of eight developing countries found Coloured International to end racial discrimination
1926 Geneva Conference adopts Slavery Convention
1928 Inter-American Commission on Women, to ensure recognition of women's civil and political rights
1930 In India Gandhi leads hundreds on long march to Dandi to protest salt tax
1930 ILO Convention Concerning Forced or Compulsory Labour
1933 International Convention for the Suppression of the Traffic in Women of Full Age
1933 Refugee Organization
1935-36 International Penal and Penitentiary Commission, to promote basic rights of prisoners
1939-45 Hitler's Nazi regime kills 6 million Jews and forces into concentration camps and murders Gypsies, Communists, labour unionists, Poles, Ukrainia s, Kurds, Armenia s, disabled people, Jehovah's Witnesses and homosexuals
1941 US President Roosevelt identifies four essential freedoms - of speech and religion, from want and fear
1942 René Cassin of France urges creation of a international court to punish war crimes
1942 US government interns some 120,000 Japanese- Americans during Second World War
1942-45 Antifascist struggles in many European countries
1945 UN Charter, emphasizing human rights
1945 Nuremberg and Tokyo trials
1945 United Nations
1946 UN Commission on Human Rights
1948 Universal Declaration of Human Rights
1948 ILO Convention on the Freedom of Association and Protection of the Right to Organize
1948 Organization of American States
1949 Council of Europe
1949 ILO Convention on the Right to Organize and Collective Bargaining
1949 Chinese Revolution
1950s National liberation wars and revolts in Asia; some African countries gain independence
1950 European Convention on Human Rights
1950 ILO fact-finding commission deals with violations of trade union rights
1951 ILO Committee on Freedom of Association
1951 ILO Equal Retribution Convention
1954 European Commission of Human Rights
1955 Political and civil rights movement in US; Martin Luther King Jr. leads the Montgomery bus boycott (381 days)
1957 ILO Convention Concerning Abolition of Forced Labour
1958 ILO Convention Concerning Discrimination in Employment and Occupation
1959 European Court of Human Rights
1960s In Africa 17 countries secure right to self-determination, as do countries elsewhere
1960 Inter-American Commission on Human Rights holds its first session
1960s-70s Feminist movements demand equality
1961 Amnesty International
1962 National Farm Workers (United Farm Workers of America) organizes to protect migrant workers in US
1963 Organization of African Unity
1965 UN International Convention on the limitation of All Forms of Racial Discrimination
1966 UN International Convention on Civil and Political Rights
1966 UN International Convention on Economic, Social and Cultural Rights
1967 Pontifical Commission for International Justice and Peace1968 First World Conference on Human Rights, in Tehran
1970s Human rights issues attract broad attention - apartheid in South Africa, treatment of Palestinians in occupied territories, torture of political opponents in Chile, "dirty war" in Argentina, genocide in Cambodia
1970s People protest against Arab-Israeli conflict, Viet Nam war and Nigeria-Biafra civil war
1970 First commissions on peace and justice in Paraguay and Brazil
1973 UN International Convention on Suppression and Punishment of the Crime of Apartheid
1973 ILO Minimum Age Convention
1974 World Food Conference in Rome
1976 Amnesty International wins Nobel Peace prize
1978 Helsinki Watch (Human Rights Watch)
1979 Inter-American Court of Human Rights
1979 UN Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW)
1980s Latin American dictatorships end - in Argentina, Bolivia, Paraguay, Uruguay
1981 African Charter on Human and Peoples' Rights
1983 Arab Organization for Human Rights
1984 UN Convention Against Torture and Other Cruel, Inhumane or Degrading Treatment or Punishment
1985 UN Committee on Economic, Social and Cultural Rights
1986 UN Declaration on the Right to Development
1988 Africa Commission on Human and Peoples' Rights
1988 In the Philippines peaceful People's Power Movement overthrows Marcos dictatorship
1989 Tiananmen Square
1989 Fall of the Berlin Wall
1989 UN Convention on the Rights of the Child
1990s Democracy spreads across Africa; Nelso Mandela released from prison and elected president of South Africa
1990s Ethnic cleansing in former Yugoslavia, and genocide and massive human rights violations in Rwanda
1990-96 Global UN conferences and summits on the issues of children, education, environment and development, human rights, population, women, social development and human settlements
1992 First Organization for Security and Co-operation in Europe (OSCE) High Commissioner for National Minorities
1993 First UN High Commissioner for Human Rights, appointed at the Vienna Conference
1993-94 International criminal tribunals for former Yugoslavia and Rwanda
1995 South African Truth and Reconciliation Commission
1995-99 Ten countries launch national plans of action for the protection and promotion of human rights
1998 Rome statute for establishing International Criminal Court
1998 Spain initiates extradition proceedings against General Pinochet of Chile
1999 Doctors without Borders wins Nobel Peace prize
1999 CEDAW Optional Protocol for Individual Complaints
1999 ILO Worst Forms of Child Labour Convention
2000 Court in Senegal charges former Chadian dictator Hissene Habre with "torture and barbarity"

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