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
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
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
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 security, paid 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:
2. Rejection of violence against women as it impedes the
advancement of women and maintains their subordinate status
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.
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 )
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.
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:
·
acceptance of
surrender;
·
the treatment of
prisoners of war;
·
the avoidance of
atrocities;
·
the prohibition on
deliberately attacking non-combatants; and
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
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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