MODERN DEVELOPMENT

OF HUMAN RIGHTS: UDHR

AND BEYOND

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 MODERN PROTECTION OF
INTERNATIONAL HUMAN
RIGHTS
In 1948, the UN General Assembly adopted the
Universal Declaration of Human Rights.* The
Declaration enumerates civil, political, economic,
social, and cultural rights, but the Declaration
contains no provisions for monitoring or
enforcement.

(*hereinafter UDHR)

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 UDHR
 the Declaration was explicitly adopted for the purpose
of defining the meaning of the words "fundamental
freedoms" and "human rights" appearing in the United
Nations Charter, which is binding on all member states.

 it is a powerful tool in applying diplomatic and moral

pressure to governments that violate any of its articles.

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 NOT A TREATY BUT a Declaration, hence a non-binding
legal instrument.

 Declaration contains no provisions for monitoring or

enforcement.

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The 1968 United Nations International
Conference on Human Rights advised that the
Declaration "constitutes an obligation for the
members of the international community" to
all persons.

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 UDHR influenced constitutions of many States which
became independent due to decolonisation

 Eg: Msian Fed Con. (right to life and liberty of a

person, equality, prohibition of slavery, freedom of
speech, assembly and association, right to education and
rights to property(but may be subjected to some
limitations))

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 UDHR creates general principles of law

 It embraces customary international law rules without

the Declaration having the status in relation to the
implementation and enforcement

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 UDHR works as a litmus test in which it helps us
identify if the laws were acceptable in future

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 Some States feared that more emphasis was given to individual
rights over community rights, or civil and political rights over
economic and social rights.

 Fear of the possibility of impinging on religious laws that have

been practiced in some States for a long time.

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Blatant interference in domestic or internal
affairs

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 ORGANIZATIONS
PROMOTING UDHR
International Federation for Human Rights
The International Federation for Human Rights (FIDH)
is nonpartisan, nonsectarian, and independent of any
government, and its core mandate is to promote respect for
all the rights set out in the Universal Declaration of Human
Rights, the International Covenant on Civil and Political
Rights, and the International Covenant on Economic,
Social and Cultural Rights

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 Amnesty International
 In 1988, director Stephen R. Johnson and 41 international
animators, musicians, and producers created a 20-minute
video for Amnesty International to celebrate the 40th
Anniversary of the Universal Declaration. The video was to
bring to life the Declaration's 30 articles.

 Amnesty International celebrated Human Rights Day and

the 60th anniversary of the Universal Declaration all over the
world by organizing the "Fire Up!" event.

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 Unitarian Universalist Service Committee

 The Unitarian Universalist Service Committee (UUSC)

is a non-profit, nonsectarian organization whose work
around the world is guided by the values of Unitarian
Universalism and the Universal Declaration of Human
Rights. It works to provide disaster relief and promote
human rights and social justice around the world.

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 Divisions and ‘Cold War’ led to preparation of two
separate convenants:

 ICCPR – International Covenant on Civil and Political

Rights

 ICESCR – International Covenant on Economic,

Social and Cultural Rights

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 ICCPR AND ICESCR
 In 1966, the General Assembly adopted:

 The Covenant on Civil and Political Rights (and its

First Optional Protocol)

 The Covenant on Economic, Social and Cultural

Rights

 which, together with the UDHR, are now known as the

International Bill of Human Rights

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 ICESCR

 ICESCR was opened for signature and ratification in 1966

 The ICESCR is part of the Declaration on the Granting of

Independence to Colonial Countries and Peoples,International
Bill of Human Rights, along with theUniversal Declaration of
Human Rights (UDHR) and theInternational Covenant on
Civil and Political Rights(ICCPR), including the
latter's first and secondOptional Protocols.

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 The Declaration on the Granting of Independence to
Colonial Countries and Peoples was a milestone in the
process of decolonization. Also known as the United
Nations Resolution 1514, it was adopted by the UN
General Assembly on December 14, 1960

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 First Optional Protocol ICCPR- an international treaty
establishing an individual complaint mechanism for the

 Second Optional Protocol ICCPR- aiming at the

abolition of the death penalty- created on 15 December
1989 and entered into force on 11 July 1991. As of April
2014

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 FEATURES-ICESCR
 a preamble and thirty-one articles

 Part 1 (Article 1) - recognises the right of all peoples to self-

determination, including the right to "freely determine their political
status",pursue their economic, social and cultural goals, and manage and
dispose of their own resources. It recognises a negative right of a people
not to be deprived of its means of subsistence,and imposes an obligation
on those parties still responsible for non-self governing and trust
territories (colonies) to encourage and respect their self-determination

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 Part 2 (Articles 2–5) establishes the principle of "progressive
realisation" – see below. It also requires the rights be
recognised "without discrimination of any kind as to race,
colour, sex, language, religion, political or other opinion,
national or social origin, property, birth or other status". The
rights can only be limited by law, in a manner compatible with
the nature of the rights, and only for the purpose of
"promoting the general welfare in a democratic society".

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 Part 3 (Articles 6–15) lists the rights themselves. These include:

 rights to work, under "just and favourable conditions", with the right to
form and join trade unions (Articles 6, 7, and 8);

 social security, including social insurance (Article 9);

 family life, including paid parental leave and the protection of children
(Article 10);

 an adequate standard of living, including adequate food, clothing

and housing, and the "continuous improvement of living conditions"
(Article 11);

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 health, specifically "the highest attainable standard of physical and
mental health" (Article 12);

 education, including free universal primary education, generally

available secondary education and equally accessible higher education.
This should be directed to "the full development of the human
personality and the sense of its dignity",and enable all persons to
participate effectively in society (Articles 13 and 14);

 participation in cultural life (Article 15).

 Many of these rights include specific actions which must be

undertaken to realise them.

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 Part 4 (Articles 16–25) governs reporting and monitoring of the
Covenant and the steps taken by the parties to implement it. It also
allows the monitoring body – originally the United Nations Economic
and Social Council – now the Committee on Economic, Social and
Cultural Rights – see below – to make general recommendations to the
UN General Assembly on appropriate measures to realise the rights
(Article 21)

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 Part 5 (Articles 26–31) governs ratification, entry into force,
and amendment of the Covenant.

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 The Optional Protocol to the International Covenant on
Economic, Social and Cultural Rights is an international treaty
establishing complaint and inquiry mechanisms for the
International Covenant on Economic, Social and Cultural
Rights.

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 MALAYSIA’S STATUS?

 Malaysia- not signed nor ratified ICESCR

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 ICCPR

 is a multilateral treaty adopted by theUnited Nations General

Assembly on 16 December 1966, and in force from 23 March
1976. It commits its parties to respect the civil and political
rights of individuals, including the right to life, freedom of
religion,freedom of speech, freedom of assembly, electoral
rights and rights to due process and a fair trial.

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 The ICCPR is monitored by the United Nations Human Rights
Committee
 which reviews regular reports of States parties on how the rights
are being implemented. States must report initially one year after
acceding to the Covenant and then whenever the Committee
requests (usually every four years).
 The Committee normally meets in Geneva and normally holds
three sessions per year.

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 The Covenant follows the structure of the UDHR and ICESCR,
with a preamble and fifty-three articles, divided into six parts.

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Part 1 (Article 1) recognizes the right of all peoples to self-determination,
including the right to "freely determine their political status", pursue their
economic, social and cultural goals, and manage and dispose of their own
resources. It recognises a negative right of a people not to be deprived of
its means of subsistence, and imposes an obligation on those parties still
responsible for non-self governing and trust territories (colonies) to
encourage and respect their self-determination.

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 CONT..
 Part 2 (Articles 2 – 5) obliges parties to legislate where necessary to give
effect to the rights recognised in the Covenant, and to provide an effective
legal remedy for any violation of those rights. It also requires the rights be
recognised "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," and to ensure that they are enjoyed equally
by women. The rights can only be limited "in time of public emergency
which threatens the life of the nation," and even then no derogation is
permitted from the rights to life, freedom from torture and slavery, the
freedom from retrospective law, the right to personhood, and freedom of
thought, conscience and religion.

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 Part 3 (Articles 6 – 27) lists the rights themselves. These include rights to

 physical integrity, in the form of the right to life and freedom from torture and
slavery (Articles 6, 7, and 8);
 liberty and security of the person, in the form of freedom from arbitrary arrest
and detention and the right to habeas corpus (Articles 9 – 11);
 procedural fairness in law, in the form of rights to due process, a fair and
impartial trial, the presumption of innocence, and recognition as a person before
the law (Articles 14, 15, and 16);

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 individual liberty, in the form of the freedoms of movement, thought,
conscience and religion, speech, association and assembly, family rights, the right to
a nationality, and the right to privacy (Articles 12, 13, 17 – 24);
 prohibition of any propaganda for war as well as any advocacy of national or
religious hatred that constitutes incitementto discrimination, hostility or violence by
law (Article 20);
 political participation, including the right to the right to vote (Article 25);
 Non-discrimination, minority rights and equality before the law (Articles 26 and
27).

*Many of these rights include specific actions which must be undertaken to realise
them

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Part 4 (Articles 28 – 45) governs the establishment and operation of the
Human Rights Committee and the reporting and monitoring of the
Covenant. It also allows parties to recognise the competence of the
Committee to resolve disputes between parties on the implementation
of the Covenant (Articles 41 and 42).

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 Part 5 (Articles 46 – 47) clarifies that the Covenant shall not be
interpreted as interfering with the operation of the United Nations or
"the inherent right of all peoples to enjoy and utilize fully and freely
their natural wealth and resources".

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 Part 6 (Articles 48 – 53) governs ratification, entry into force, and
amendment of the Covenant.

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MALAYSIA’S STATUS
International Signature:
Covenant on NA,
Civil and Ratification/Ac
Political Rights cession: NA
:1976
Optional Signature:
Protocol to the NA,
International Ratification/Ac
Covenant on cession: NA
Civil and
Political Rights
:1976

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DIFFERENCES BETWEEN
UDHR AND THE TWIN
COVENENTS?

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 DIFFERENCES BETWEEN
UDHR AND THE TWIN
COVENANTS
 There are some rights which proclaimed in the UDHR but
not incorporated in ICCPR and ICESCR. The rights are-

 1. Right to Asylum under Article-14.

 2. Right to own property under Article17

 3. Right to social security under Article 22

 4. Right to proper social order in Article 28.

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 At the same there have some rights which are contained in the two
covenants but does not exists in UDHR. The rights are-

1. Right to self determination under Article1

2. Right of a detained person under Article 10(1) in ICCPR
3. Right to free from imprisonment due to violation of contractual
obligations under Article 11.
4. Right to special protection of children as under Article 24 of ICCPR.
5. Right of Minority under Article 27 of ICCPR.

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 DIFFERENCES BETWEEN
ICCPR AND ICESCR
 ICCPR:

 1. ICCPR represents and protects the human rights of first generation. (First-generation?- “civil-political”
rights deal with liberty and participation in political life. They are strongly individualistic and negatively
constructed to protect the individual from the state.)

 2. It explains human rights pertaining to cultural and political rights (i.e. not to torture, not to show
discrimination, etc.).

 3. The rights incorporated in ICCPR are negative in character just like the provisions in the penal code. The
Penal Code defines and narrates different offences, which are prohibited. In the similar way ICCPR defines and
narrates certain things not supposed to be done by the States.

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 4. The judicial remedies are provided to the aggrieved
persons, in cases their civil and political rights are violated by
the State.

 5. Civil and political rights establish immediate binding

obligation (Article-2(1) of the ICCPR provides that each state
party undertakes to respect and ensure the rights recognized in
ICCPR. )

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 1. ICESCR represents and protects the human rights of ‘second generation’.
(second genration?- “socio-economic” human rights guarantee equal conditions
and treatment. They are not rights directly possessed by individuals but constitute
positive duties upon the government to respect and fulfill them.)

 2. It explains human rights pertaining to economic, social and cultural rights

(e.g. to provide adequate housing, trade unions social security, medical facilities,
etc.).

 3. The rights incorporated in ICESCR are positive in character. It shows the

ways to the State to implement certain programmes to uplift the living standards
of human beings and to protect the human culture.

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 4. There is no scope of judicial remedies. The Court cannot
force the State to implement the provisions of part-IV

 5. The economic, social and cultural rights are of progressive

nature. (Article 2 of the ICESCR provides that the state party
will take steps to use its maximum available resources gradually
to realize the rights.)

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In addition to the International Bill of Human Rights, the United
Nations has drafted and promulgated over 80 human rights
instruments:
 genocide
 racial discrimination
 discrimination against women
 Refugee protection
 torture
 the rights of disabled persons
 the rights of the child

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 UN HUMAN RIGHTS BODIES
 Security Council

 General Assembly

 Economic and Social Council

 Commission on Human Rights

 Subcommission on the Promotion and Protection of Human Rights

 Commission on the Status of Women

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UN HUMAN RIGHTS BODIES

 Commission on Crime Prevention and Criminal Justice

 International Court of Justice

 International Criminal Court

 Office of the High Commissioner for Human Rights

(created by the General Assembly in 1993)

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UN HUMAN RIGHTS BODIES

Treaty Monitoring Bodies

• Human Rights Committee
• Committee on the Elimination of All Forms of
Racial Discrimination
• Committee on the Elimination of Discrimination
Against Women
• Committee Against Torture
• Committee on the Rights of the Child
• Committee on Economic Social and Cultural Rights

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FIN

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