Misplaced Pages

Saudi Civil and Political Rights Association

Article snapshot taken from Wikipedia with creative commons attribution-sharealike license. Give it a read and then ask your questions in the chat. We can research this topic together.

The Saudi Civil and Political Rights Association ( ACPRA ) ( Arabic : جمعية الحقوق المدنية والسياسية في السعودية , romanized :  Jamʻīyat al-Ḥuqūq al-Madanīyah wa-al-Siyāsīyah fī al-Saʻūdīyah ) is a Saudi Arabian human rights non-governmental organisation created in 2009. On 9 March 2013, the Saudi court sentenced two of its prominent leaders to at least 10 years in prison for "offences that included sedition and giving inaccurate information to foreign media", while dissolving the group. The association is also known in Arabic by its acronym HASEM.

#564435

128-859: ACPRA was created in 2009 by 11 human rights activists and academics in response to what was seen as a worsening human rights situation in Saudi Arabia. The 11 founders are Professor Abdulkareem Yousef al-Khathar, Dr. Abdulrahman Hamid al-Hamid, Professor Abdullah H. al-Hamid , who is a former professor of comparative literature and founding member of the Committee for the Defense of Legitimate Rights , Fahad Abdulaziz Ali al-Orani, Fowzan Mohsen al-Harbi, Easa Hamid al-Hamid, Mhana Mohammed al-Faleh, Dr. Mohammad Fahad al-Qahtani , Mohammad Hamad al-Mohaisen, Mohammed Saleh al-Bejadi and Saud Ahmed al-Doughaither. It aims to promote human rights awareness, focussing on

256-493: A Greek temple, with a foundation, steps, four columns, and a pediment . Articles 1 and 2—with their principles of dignity, liberty, equality and brotherhood—served as the foundation blocks. The seven paragraphs of the preamble, setting out the reasons for the Declaration, represent the steps leading up to the temple. The main body of the Declaration forms the four columns. The first column (articles 3–11) constitutes rights of

384-550: A broad range of civil, political, economic, social, and cultural rights, such as the right to life , freedom of expression , protection against enslavement , and access to education . The modern concept of human rights gained significant prominence after World War II , particularly in response to the atrocities of the Holocaust , leading to the adoption of the Universal Declaration of Human Rights (UDHR) by

512-552: A central focus in international relations and legal frameworks, supported by institutions such as the United Nations, various non-governmental organizations, and national bodies dedicated to monitoring and enforcing human rights standards worldwide. Many of the basic ideas that animated the human rights movement developed in the aftermath of the Second World War and the events of the Holocaust , culminating in

640-422: A country's population economically in order dampen that population's view of its government. It is also argued that, counterproductively, sanctions on offending authoritarian governments strengthen that government's position domestically as governments would still have more mechanisms to find funding than their critics and opposition, who become further weakened. The risk of human rights violations increases with

768-579: A given country. Although not all NHRIs are compliant with the Paris Principles, the number and effect of these institutions is increasing. The Paris Principles were defined at the first International Workshop on National Institutions for the Promotion and Protection of Human Rights in Paris on 7–9 October 1991, and adopted by United Nations Human Rights Commission Resolution 1992/54 of 1992 and

896-618: A mandate to investigate alleged human rights violations. 47 of the 193 UN member states sit on the council, elected by simple majority in a secret ballot of the United Nations General Assembly . Members serve a maximum of six years and may have their membership suspended for gross human rights abuses. The council is based in Geneva , and meets three times a year; with additional meetings to respond to urgent situations. Independent experts ( rapporteurs ) are retained by

1024-675: A mandate to promote and safeguard certain of the rights later included in the Universal Declaration of Human Rights (UDHR): the primary goal of the ILO today is to promote opportunities for women and men to obtain decent and productive work, in conditions of freedom, equity, security and human dignity. The Universal Declaration of Human Rights (UDHR) is a non-binding declaration adopted by the United Nations General Assembly in 1948, partly in response to

1152-567: A reaction to slavery, torture, genocide, and war crimes. The medieval natural law tradition was heavily influenced by the writings of St Paul's early Christian thinkers such as St Hilary of Poitiers , St Ambrose , and St Augustine . Augustine was among the earliest to examine the legitimacy of the laws of man, and attempt to define the boundaries of what laws and rights occur naturally based on wisdom and conscience, instead of being arbitrarily imposed by mortals, and if people are obligated to obey laws that are unjust . The Kouroukan Fouga

1280-495: A treaty in that it generally states aspirations or understandings among the parties, rather than binding obligations. The Declaration was explicitly adopted to reflect and elaborate on the customary international law reflected in the " fundamental freedoms " and "human rights" referenced in the United Nations Charter, which is binding on all member states. For this reason, the Universal Declaration of Human Rights

1408-493: A typology of six paradigms of action that agents, such as human rights agencies, international organizations, individual states, and NGOs , could use to enforce human rights: (1) accountability, (2) inducement, (3) assistance, (4) domestic contestation and engagement, (5) compulsion, and (6) external adaptation. Responsibility to protect refers to a doctrine for United Nations member states to intervene to protect populations from atrocities. It has been cited as justification in

SECTION 10

#1732775798565

1536-435: Is a fundamental constitutive document of the United Nations and, by extension, all 193 parties of the United Nations Charter. Nevertheless, the status of the Declaration as a legally enforceable document varies widely around the world: some countries have incorporated it into their domestic laws, while other countries consider it merely a statement of ideals, with no binding provisions. Many international lawyers believe that

1664-642: Is a quasi-judicial organ of the African Union tasked with promoting and protecting human rights and collective (peoples') rights throughout the African continent as well as interpreting the African Charter on Human and Peoples' Rights and considering individual complaints of violations of the Charter. The commission has three broad areas of responsibility: In pursuit of these goals, the commission

1792-399: Is allowed to practice them unless he/she use them as a source of power. The Declaration's all-encompassing provisions serve as a "yardstick" and point of reference by which countries' commitments to human rights are judged, such as through the treaty bodies and other mechanisms of various human rights treaties that monitor implementation. In international law, a declaration is distinct from

1920-689: Is an autonomous organ of the Organization of American States, also based in Washington, D.C. Along with the Inter-American Court of Human Rights , based in San José , Costa Rica, it is one of the bodies that comprise the inter-American system for the promotion and protection of human rights. The IACHR is a permanent body which meets in regular and special sessions several times a year to examine allegations of human rights violations in

2048-691: Is an international document adopted by the United Nations General Assembly that enshrines the rights and freedoms of all human beings . Drafted by a UN committee chaired by Eleanor Roosevelt , it was accepted by the General Assembly as Resolution 217 during its third session on 10 December 1948 at the Palais de Chaillot in Paris, France. Of the 58 members of the United Nations at the time, 48 voted in favour, none against, eight abstained , and two did not vote. A foundational text in

2176-749: Is an international organization, headquartered in Washington, D.C., United States. Its members are the thirty-five independent states of the Americas. Over the course of the 1990s, with the end of the Cold War , the return to democracy in Latin America, and the thrust toward globalization , the OAS made major efforts to reinvent itself to fit the new context. Its stated priorities now include the following: The Inter-American Commission on Human Rights (the IACHR)

2304-482: Is generally considered to be a milestone document for its universalist language, which makes no reference to a particular culture, political system, or religion. It directly inspired the development of international human rights law , and was the first step in the formulation of the International Bill of Human Rights , which was completed in 1966 and came into force in 1976. Although not legally binding ,

2432-410: Is mandated to "collect documents, undertake studies and researches on African problems in the field of human and peoples, rights, organise seminars, symposia and conferences, disseminate information, encourage national and local institutions concerned with human and peoples' rights and, should the case arise, give its views or make recommendations to governments" (Charter, Art. 45). With the creation of

2560-488: Is now considered to be a central component of international customary law which may be invoked under appropriate circumstances by state judiciaries and other judiciaries. In 1966, the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR) were adopted by the United Nations, between them making the rights contained in

2688-616: Is responsible for promoting human rights, created the Commission on Human Rights (CHR)—a standing body within the United Nations that was tasked with preparing what was initially conceived as an International Bill of Rights . It had 18 members from various national, religious, and political backgrounds, so as to be representative of humanity. In February 1947, the Commission established a special Universal Declaration of Human Rights Drafting Committee , chaired by Eleanor Roosevelt of

SECTION 20

#1732775798565

2816-907: Is supported by the Division for the Advancement of Women (DAW). CEDAW formerly held all its sessions at United Nations headquarters in New York but now frequently meets at the United Nations Office in Geneva; the other treaty bodies meet in Geneva. The Human Rights Committee usually holds its March session in New York City. The human rights enshrined in the UDHR, the Geneva Conventions and the various enforced treaties of

2944-471: Is widely accepted, debates persist regarding which rights should take precedence, how they should be implemented, and their applicability in different cultural contexts. Criticisms often arise from perspectives like cultural relativism , which argue that individual human rights are inappropriate for societies that prioritise a communal or collectivist identity, and may conflict with certain cultural or traditional practices. Nonetheless, human rights remain

3072-563: The Guinness Book of Records described the Declaration as the world's "Most Translated Document", with 298 translations; the record was once again certified a decade later when the text reached 370 different languages and dialects. The UDHR achieved a milestone of over 500 translations in 2016, and as of 2024, has been translated into 562 languages, remaining the most translated document. In its preamble, governments commit themselves and their people to progressive measures that secure

3200-783: The 2011 Saudi Arabian protests , in Buraidah by Mabahith , the internal security agency. ACPRA stated that the arrest was arbitrary , in violation of the Basic Law of Saudi Arabia and the Law of Criminal Procedures . Al-Bejadi appeared in the Specialized Criminal Court in August 2011 on charges of "insurrection against the ruler, instigating demonstrations, and speaking with foreign [media] channels." Judge al-'Abd al-Latif prevented al-Bejadi's defence lawyers from attending

3328-730: The African Court on Human and Peoples' Rights (under a protocol to the Charter which was adopted in 1998 and entered into force in January 2004), the commission will have the additional task of preparing cases for submission to the Court's jurisdiction. In a July 2004 decision, the AU Assembly resolved that the future Court on Human and Peoples' Rights would be integrated with the African Court of Justice. The Court of Justice of

3456-558: The Christian Democracy movement ; Malik, a Christian theologian, was known for appealing across religious lines, and cited the Summa Theologica , and studied the different Christian sects. Chang urged removing all references to religion to make the document more universal, and used aspects of Confucianism to settle stalemates in negotiations. Hernán Santa Cruz of Chile, an educator and judge, strongly supported

3584-615: The ICCPR and ICESCR , which, together with the UDHR, form the International Bill of Rights. Pakistani diplomat Shaista Suhrawardy Ikramullah influenced the drafting of the Declaration, especially with respect to women's rights , and played a role in the preparation of the 1951 Genocide Convention. In 1982, the Iranian diplomat to the United Nations, who represented the country's newly installed Islamic republic , stated that

3712-875: The International Convention on the Elimination of All Forms of Racial Discrimination , the International Convention on the Elimination of Discrimination Against Women , the United Nations Convention on the Rights of the Child , the United Nations Convention Against Torture , and many more. The Declaration continues to be widely cited by governments, academics, advocates, and constitutional courts, and by individuals who appeal to its principles for

3840-599: The International Covenant on Civil and Political Rights came into force, giving a legal status to most of the Declaration. The 48 countries that voted in favour of the Declaration are: Eight countries abstained: Two countries did not vote: Current UN member states , particularly in Africa gained sovereignty later, or in Europe and the Pacific were under administration due to the recently concluded World War II , joining

3968-660: The Islamic law ( sharīʿa ). Pakistan , officially an Islamic state , signed the declaration and critiqued the Saudi position, strongly arguing in favour of including freedom of religion as a fundamental human right of the UDHR. Moreover, some Muslim diplomats would later help draft other United Nations human rights treaties. For example, Iraq 's representative to the United Nations, Bedia Afnan 's insistence on wording that recognized gender equality resulted in Article 3 within

Saudi Civil and Political Rights Association - Misplaced Pages Continue

4096-432: The United Nations . Decadal commemorations are often accompanied by campaigns to promote awareness of the Declaration and of human rights in general. 2008 marked the 60th anniversary of the Declaration, and was accompanied by year-long activities around the theme "Dignity and justice for all of us". Likewise, the 70th anniversary in 2018 was marked by the global #StandUpForHumanRights campaign, which targeted youth. At

4224-399: The United Nations General Assembly in 1948. This document outlined a comprehensive framework of rights that countries are encouraged to protect, setting a global standard for human dignity , freedom, and justice. The UDHR has since inspired numerous international treaties and national laws designed to promote and safeguard these rights globally. While the principle of universal human rights

4352-1064: The United Nations Security Council and the United Nations Human Rights Council , and there are numerous committees within the UN with responsibilities for safeguarding different human rights treaties. The most senior body of the UN with regard to human rights is the Office of the High Commissioner for Human Rights. The United Nations has an international mandate to: ... achieve international co-operation in solving international problems of an economic, social, cultural, or humanitarian character, and in promoting and encouraging respect for human rights and for fundamental freedoms for all without distinction as to race, sex, language, or religion. The UN Human Rights Council, created in 2005, has

4480-485: The Virginia Declaration of Rights of 1776 encoded into law a number of fundamental civil rights and civil freedoms. We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. Philosophers such as Thomas Paine , John Stuart Mill , and Hegel expanded on

4608-433: The common law and many later constitutional documents related to human rights, such as the 1689 English Bill of Rights , the 1789 United States Constitution , and the 1791 United States Bill of Rights . 17th century English philosopher John Locke discussed natural rights in his work, identifying them as being "life, liberty, and estate (property)", and argued that such fundamental rights could not be surrendered in

4736-581: The history of human and civil rights , the Declaration consists of 30 articles detailing an individual's "basic rights and fundamental freedoms" and affirming their universal character as inherent, inalienable, and applicable to all human beings. Adopted as a "common standard of achievement for all peoples and all nations", the UDHR commits nations to recognize all humans as being "born free and equal in dignity and rights" regardless of "nationality, place of residence, sex, national or ethnic origin, colour, religion, language, or any other status". The Declaration

4864-487: The right of citizens to leave their countries . Other observers pin the Soviet bloc's opposition to the Declaration's " negative rights ", such as provisions calling on governments not to violate certain civil and political rights. The British delegation, while voting in favour of the Declaration, expressed frustration that the proposed document had moral obligations but lacked legal force; it would not be until 1976 that

4992-922: The social contract . In Britain in 1689, the English Bill of Rights and the Scottish Claim of Right each made a range of oppressive governmental actions, illegal. Two major revolutions occurred during the 18th century, in the United States (1776) and in France (1789), leading to the United States Declaration of Independence and the French Declaration of the Rights of Man and of the Citizen respectively, both of which articulated certain human rights. Additionally,

5120-561: The third session of the United Nations General Assembly , held 81 meetings concerning the draft Declaration, including debating and resolving 168 proposals for amendments by United Nations member states. On its 178th meeting on 6 December, the Third Committee adopted the Declaration with 29 votes in favour, none opposed and seven abstentions. The document was subsequently submitted to the wider General Assembly for its consideration on 9 and 10 December 1948. The Universal Declaration

5248-589: The torture of septuagenarian Judge Suliman al-Reshoudi , whose feet were chained to his bed each night and who was forced to sit up during the day. In late March 2011, ACPRA's leader, Mohammad Fahad Al-Qahtani, stated that he saw police detain about 50 out of 100 protestors at the Ministry of the Interior in Riyadh. ACPRA co-founder Mohammed Saleh al-Bejadi (also al-Bjady ) was arrested on 21 March 2011, during

Saudi Civil and Political Rights Association - Misplaced Pages Continue

5376-515: The "most ambitious feature". The Declaration was officially adopted as a French document, with official translations in English , Chinese , Russian and Spanish , all of which are official working languages of the UN . Due to its inherently universalist nature, the United Nations has made a concerted effort to translate the document into as many languages as possible, in collaboration with private and public entities and individuals. In 1999,

5504-649: The 1864 Lieber Code and the first of the Geneva Conventions in 1864 laid the foundations of International humanitarian law , to be further developed following the two World Wars. The League of Nations was established in 1919 at the negotiations over the Treaty of Versailles following the end of World War I . The League's goals included disarmament, preventing war through collective security, settling disputes between countries through negotiation, diplomacy and improving global welfare. Enshrined in its Charter

5632-560: The 1948 United Nations Universal Declaration of Human Rights and related international human rights instruments, it calls for an elected parliament and the creation of legal institutions to support transparency and accountability. The ACPRA also calls for laws to protect minority rights and intends to document human rights violations. As of March 2011, the ACPRA was led by Mohammad Fahad al-Qahtani . In January 2011, ACPRA and Human Rights First Society complained to King Abdullah about

5760-772: The ALA Universal Right to Free Expression and the Library Bill of Rights . The Declaration formed the basis of the ALA's claim that censorship , invasion of privacy , and interference of opinions are human rights violations. During the creation of the Universal Declaration of Human Rights the Soviet Union criticized not prioritizing social rights over individual rights and positive rights over negative rights enough according to Marxism–Leninism . Most Muslim-majority countries that were then members of

5888-416: The African Court on Human and Peoples' Rights entered into force in January 2004, but its merging with the Court of Justice has delayed its establishment. The Protocol establishing the Court of Justice will come into force when ratified by 15 countries. There are many countries in Africa accused of human rights violations by the international community and NGOs. The Organization of American States (OAS)

6016-539: The African Union is intended to be the "principal judicial organ of the Union" (Protocol of the Court of Justice of the African Union, Article 2.2). Although it has not yet been established, it is intended to take over the duties of the African Commission on Human and Peoples' Rights, as well as act as the supreme court of the African Union, interpreting all necessary laws and treaties. The Protocol establishing

6144-869: The August trial session. On 18 June 2012, ACPRA co-founder and leader Mohammad Fahad al-Qahtani was charged in a Saudi court for his human rights activities. On 29 June, the Cairo Institute for Human Rights Studies spoke on al-Qahtani's behalf at the 20th session of the United Nations Human Rights Council . Another ACPRA co-founder, Abdullah al-Hamid , was charged with similar offences on 11 June 2012. Human rights Human rights are universally recognized moral principles or norms that establish standards of human behavior and are often protected by both national and international laws . These rights are considered inherent and inalienable, meaning they belong to every individual simply by virtue of being human , regardless of characteristics like nationality, ethnicity, religion, or socio-economic status. They encompass

6272-425: The Congo, Gabon, Guinea, Haiti, Mali, Mauritania, Nicaragua, Niger, Portugal, Romania, Rwanda, São Tomé and Príncipe, Senegal, Somalia, Spain, Togo, and Yemen. Moreover, the constitutions of Portugal , Romania , São Tomé and Príncipe, and Spain compel their courts to "interpret" constitutional norms consistently with the Universal Declaration. Judicial and political figures in many nations have directly invoked

6400-439: The Declaration "constitutes an obligation for the members of the international community" to all persons. The Declaration has served as the foundation for two binding United Nations human rights covenants: the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights . The principles of the Declaration are elaborated in other binding international treaties such as

6528-404: The Declaration "does not of its own force impose obligations as a matter of international law", and that the political branches of the U.S. federal government can "scrutinize" the nation's obligations to international instruments and their enforceability. However, U.S. courts and legislatures may still use the Declaration to inform or interpret laws concerned with human rights, a position shared by

SECTION 50

#1732775798565

6656-443: The Declaration by the United States Supreme Court; sixteen references by federal courts of appeal ; twenty-four references by federal district courts ; one reference by a bankruptcy court ; and several references by five state courts. Likewise, research conducted in 1994 identified 94 references to the Declaration by federal and state courts across the U.S. In 2004, the U.S. Supreme Court ruled in Sosa v. Alvarez-Machain that

6784-559: The Declaration forms part of customary international law and is a powerful tool in applying diplomatic and moral pressure to governments that violate its articles. One prominent international jurist described the UDHR as being "universally regarded as expounding generally accepted norms". Other legal scholars have further argued that the Declaration constitutes jus cogens , fundamental principles of international law from which no state may deviate or derogate . The 1968 United Nations International Conference on Human Rights advised that

6912-541: The Declaration has been incorporated into or influenced most national constitutions since 1948. It has also served as the foundation for a growing number of national laws, international laws, and treaties, as well as for a growing number of regional, subnational, and national institutions protecting and promoting human rights. These kinds of measures focus on some principles that regard every culture/community especially when martial status take place or inheritance. In other words, every culture has its own norms and every individual

7040-435: The Declaration was "a secular understanding of the Judeo-Christian tradition" that could not be implemented by Muslims without conflict with sharīʿa law. On 30 June 2000, member states of the Organisation of Islamic Cooperation , which represents most of the Muslim world, officially resolved to support the Cairo Declaration on Human Rights in Islam , an alternative document that says people have "freedom and right to

7168-427: The Declaration's articles: Article 18 , which states that everyone has the right "to change his religion or belief", and Article 16, on equal marriage rights. The abstentions by the six communist nations were explained by their claim that the Declaration did not go far enough in condemning fascism and national-socialism. However, Eleanor Roosevelt felt that the reason for the abstentions was Article 13, which provided

7296-420: The Declaration, as well as the Covenant, to the Economic and Social Council for its review and approval during its seventh session in July and August 1948. The Council adopted Resolution 151(VII) of 26 August 1948, transmitting the draft International Declaration of Human Rights to the UN General Assembly. The Third Committee of the General Assembly , which convened from 30 September to 7 December 1948 during

7424-485: The Declaration. Upon the session's conclusion on 21 May 1948, the Committee submitted to the Commission on Human Rights a redrafted text of the "International Declaration of Human Rights" and the "International Covenant of Human Rights," which together would form an International Bill of Rights. The redrafted Declaration was further examined and discussed by the Commission on Human Rights in its third session in Geneva 21 May through 18 June 1948. The so-called "Geneva text"

7552-402: The Declaration—stated that it "may well become the international Magna Carta of all men everywhere". At the 1993 United Nations World Conference on Human Rights , one of the largest international gatherings on human rights, diplomats and officials representing 100 nations reaffirmed their governments' "commitment to the purposes and principles contained in the Charter of the United Nations and

7680-449: The Duty of Civil Disobedience which was later influential on human rights and civil rights thinkers. United States Supreme Court Justice David Davis , in his 1867 opinion for Ex Parte Milligan , wrote "By the protection of the law, human rights are secured; withdraw that protection and they are at the mercy of wicked rulers or the clamor of an excited people." Many groups and movements have managed to achieve profound social changes over

7808-501: The General Assembly Resolution 48/134 of 1993. The Paris Principles list a number of responsibilities for national institutions. The African Union (AU) is a continental union consisting of fifty-five African states. Established in 2001, the AU's purpose is to help secure Africa's democracy, human rights, and a sustainable economy, especially by bringing an end to intra-African conflict and creating an effective common market. The African Commission on Human and Peoples' Rights (ACHPR)

SECTION 60

#1732775798565

7936-409: The School of Salamanca, defined law as a moral power over one's own.50 Although they maintained at the same time, the idea of law as an objective order, they stated that there are certain natural rights, mentioning both rights related to the body (right to life, to property) and to the spirit (right to freedom of thought, dignity). The jurist Vázquez de Menchaca, starting from an individualist philosophy,

8064-447: The South American-based American Declaration of the Rights and Duties of Man , the world's first general international human rights instrument . Delegates and consultants from several United Nations bodies, international organizations, and nongovernmental organizations also attended and submitted suggestions. It was also hoped that an International Bill of Human Rights with legal force could be drafted and submitted for adoption alongside

8192-484: The Soviet Union, and the United Kingdom , in addition to the inaugural members from China , France , Lebanon , and the United States . Humphrey is credited with devising the "blueprint" for the Declaration, while Cassin composed the first draft. Both received considerable input from other members, each of whom reflected different professional and ideological backgrounds. The Declaration's pro-family phrases allegedly derived from Cassin and Malik, who were influenced by

8320-403: The UDHR and accompanying treaties, but the UDHR quickly became the priority. Canadian law professor John Humprey and French lawyer René Cassin were responsible for much of the cross-national research and the structure of the document respectively, where the articles of the declaration were interpretative of the general principle of the preamble. The document was structured by Cassin to include

8448-455: The UDHR are incorporated or otherwise reflected in national law. The right to health or to protection of health is found in the constitutions of Belgium, Kyrgyzstan, Paraguay, Peru , Thailand , and Togo; constitutional obligations on the government to provide health services exist in Armenia , Cambodia , Ethiopia , Finland , South Korea , Kyrgyzstan, Paraguay, Thailand, and Yemen. A survey of U.S. cases through 1988 found five references to

8576-416: The UDHR as an influence or inspiration on their courts, constitutions, or legal codes. Indian courts have ruled the Indian Constitution "[embodies] most of the articles contained in the Declaration". Nations as diverse as Antigua, Chad, Chile, Kazakhstan, Saint Vincent and the Grenadines, and Zimbabwe have derived constitutional and legal provisions from the Declaration. In some cases, specific provisions of

8704-452: The UDHR binding on all states. They came into force only in 1976, when they were ratified by a sufficient number of countries (despite achieving the ICCPR, a covenant including no economic or social rights, the US only ratified the ICCPR in 1992). The ICESCR commits 155 state parties to work toward the granting of economic, social, and cultural rights (ESCR) to individuals. Numerous other treaties ( pieces of legislation ) have been offered at

8832-500: The UDHR. Some organizations, such as the Quaker United Nations Office and the American Friends Service Committee have developed curriculum or programmes to educate young people on the UDHR. Specific provisions of the UDHR are cited or elaborated by interest groups in relation to their specific area of focus. In 1997, the council of the American Library Association (ALA) endorsed Articles 18 through 20 concerning freedoms of thought, opinion, and expression, which were codified in

8960-528: The United Nations are enforceable in law. In practice, many rights are very difficult to legally enforce due to the absence of consensus on the application of certain rights, the lack of relevant national legislation or of bodies empowered to take legal action to enforce them. There exist a number of internationally recognized organisations with worldwide mandate or jurisdiction over certain aspects of human rights: The ICC and other international courts (see Regional human rights below ) exist to take action where

9088-414: The United Nations signed the Declaration in 1948, including the kingdoms of Afghanistan , Egypt , and Iraq , Pahlavi Iran , and the First Syrian Republic ; the Republic of Turkey , which had an overwhelmingly Muslim population but an officially secular government , also voted in favour. Saudi Arabia was the sole abstainer on the Declaration among Muslim-majority countries, claiming that it violated

9216-485: The United States, to write the articles of the Declaration. Roosevelt, in her position, was key to the U.S. effort to encourage the General Assembly's adoption of a Universal Declaration of Human Rights. The Committee met in two sessions over the course of two years . Canadian John Peters Humphrey , the newly appointed Director of the Division of Human Rights within the United Nations Secretariat,

9344-416: The Universal Declaration of Human Rights" and emphasized that the Declaration as "the source of inspiration and has been the basis for the United Nations in making advances in standard setting as contained in the existing international human rights instruments". In a speech on 5 October 1995, Pope John Paul II called the Declaration "one of the highest expressions of the human conscience of our time", despite

9472-469: The Universal Declaration was influenced by the Code Napoléon , including a preamble and introductory general principles. Its final structure took form in the second draft prepared by French jurist René Cassin , who worked on the initial draft prepared by Canadian legal scholar John Peters Humphrey . The Declaration consists of the following: Cassin compared the Declaration to the portico of

9600-451: The Universal Declaration, are at least inspired by it". At least 20 African nations that attained independence in the decades immediately following 1948 explicitly referenced the UDHR in their constitutions. As of 2014, the constitutions that still directly cite the Declaration are those of Afghanistan, Benin, Bosnia-Herzegovina, Burkina Faso, Burundi, Cambodia, Chad, Comoros, Côte d'Ivoire, Equatorial Guinea, Ethiopia, Democratic Republic of

9728-602: The Vatican never adopting it. In a statement on 10 December 2003 on behalf of the European Union , Marcello Spatafora said that the Declaration "placed human rights at the centre of the framework of principles and obligations shaping relations within the international community". As a pillar of international human rights, the UDHR enjoys widespread support among international and nongovernmental organizations. The International Federation for Human Rights (FIDH), one of

9856-431: The adoption of the Universal Declaration of Human Rights in Paris by the United Nations General Assembly in 1948. Ancient peoples did not have the same modern-day conception of universal human rights. However, the concept has in some sense existed for centuries, although not in the same way as today. The true forerunner of human rights discourse was the concept of natural rights , which first appeared as part of

9984-450: The approval of the General Assembly by formal vote of its members, and to serve as a common standard of achievement for all peoples of all nations. The UDHR is considered groundbreaking for providing a comprehensive and universal set of principles in a secular, apolitical document that explicitly transcends cultures, religions, legal systems, and political ideologies. Its claim to universality has been described as "boundlessly idealistic" and

10112-491: The basic principles of dignity, liberty, equality and brotherhood in the first two articles, followed successively by rights pertaining to individuals; rights of individuals in relation to each other and to groups; spiritual, public and political rights; and economic, social and cultural rights . The final three articles place, according to Cassin, rights in the context of limits, duties and the social and political order in which they are to be realized. Humphrey and Cassin intended

10240-745: The comments and suggestions of member states and international bodies, principally the United Nations Conference on Freedom of Information, which took place the prior March and April; the Commission on the Status of Women, a body within ECOSOC that reported on the state of women's rights worldwide; and the Ninth International Conference of American States, held in Bogota, Colombia from March to May 1948, which adopted

10368-450: The concept of human rights has been argued as a strategy to prevent human rights abuses. Many examples of legal instruments at the international, regional and national level described below are designed to enforce laws securing human rights. The United Nations (UN) is the only multilateral governmental agency with universally accepted international jurisdiction for universal human rights legislation. All UN organs have advisory roles to

10496-408: The contents of the UDHR have been elaborated and incorporated into subsequent international treaties , regional human rights instruments, and national constitutions and legal codes. All 193 member states of the United Nations have ratified at least one of the nine binding treaties influenced by the Declaration, with the vast majority ratifying four or more. While there is a wide consensus that

10624-585: The core international human rights treaties. They are supported by and are created by the treaty that they monitor, With the exception of the CESCR, which was established under a resolution of the Economic and Social Council to carry out the monitoring functions originally assigned to that body under the Covenant, they are technically autonomous bodies, established by the treaties that they monitor and accountable to

10752-734: The council to investigate alleged human rights abuses and to report to the council. The Human Rights Council may request that the Security Council refer cases to the International Criminal Court (ICC) even if the issue being referred is outside the normal jurisdiction of the ICC. In addition to the political bodies whose mandate flows from the UN charter, the UN has set up a number of treaty-based bodies, comprising committees of independent experts who monitor compliance with human rights standards and norms flowing from

10880-437: The course of the 20th century in the name of human rights. In Western Europe and North America, labour unions brought about laws granting workers the right to strike, establishing minimum work conditions and forbidding or regulating child labour . The women's rights movement succeeded in gaining for many women the right to vote . National liberation movements in many countries succeeded in driving out colonial powers. One of

11008-467: The courts of Belgium, the Netherlands, India, and Sri Lanka. The Universal Declaration has received praise from a number of notable activists, jurists, and political leaders. Lebanese philosopher and diplomat Charles Malik called it "an international document of the first order of importance", while Eleanor Roosevelt —first chairperson of the Commission on Human Rights (CHR) that helped draft

11136-573: The debates and discussions that informed the UDHR, describing one such exchange during the Drafting Committee's first session in June 1947: Dr. Chang was a pluralist and held forth in charming fashion on the proposition that there is more than one kind of ultimate reality. The Declaration, he said, should reflect more than simply Western ideas and Dr. Humphrey would have to be eclectic in his approach. His remark, though addressed to Dr. Humphrey,

11264-486: The declaration itself is non-binding and not part of customary international law , there is also a consensus in most countries that many of its provisions are part of customary law , although courts in some nations have been more restrictive on its legal effect. Nevertheless, the UDHR has influenced legal, political, and social developments on both the global and national levels, with its significance partly evidenced by its 530 translations. The underlying structure of

11392-437: The events of World War II . The UDHR urges member states to promote a number of human, civil, economic and social rights, asserting these rights are part of the "foundation of freedom, justice and peace in the world". The declaration was the first international legal effort to limit the behavior of states and make sure they did their duties to their citizens following the model of the rights-duty duality . ... recognition of

11520-1009: The experience of sexual initiation rites with men and passing sex training tests on girls are designed to make them more appealing as marriage prospects. Measures to help the economic status of vulnerable groups in order to reduce human rights violations include girls' education and guaranteed minimum incomes and conditional cash transfers , such as Bolsa familia which subsidize parents who keep children in school rather than contributing to family income, has successfully reduced child labor . Human rights abuses are monitored by United Nations committees, national institutions and governments and by many independent non-governmental organizations , such as Amnesty International , Human Rights Watch , World Organisation Against Torture , Freedom House , International Freedom of Expression Exchange and Anti-Slavery International . These organisations collect evidence and documentation of human rights abuses and apply pressure to promote human rights. Educating people on

11648-478: The hemisphere. Its human rights duties stem from three documents: The Inter-American Court of Human Rights was established in 1979 with the purpose of enforcing and interpreting the provisions of the American Convention on Human Rights. Its two main functions are thus adjudicatory and advisory. Under the former, it hears and rules on the specific cases of human rights violations referred to it. Under

11776-400: The inclusion of all rights in a Unity Resolution, the rights enshrined in the UDHR were split into two separate covenants, allowing states to adopt some rights and derogate others. Although this allowed the covenants to be created, it denied the proposed principle that all rights are linked, which was central to some interpretations of the UDHR. Although the UDHR is a non-binding resolution, it

11904-419: The inclusion of socioeconomic rights, which had been opposed by some Western nations. The members agreed that the philosophical debate centered between the opposing opinions of Chang and Malik, with Malik later singling out Chang when thanking the members, saying that there were too many to mention, but Chang's ideas impacted his own opinions in the making of the draft. In her memoirs, Roosevelt commented on

12032-548: The increase in financially vulnerable populations. Girls from poor families in non-industrialized economies are often viewed as a financial burden on the family and marriage of young girls is often driven in the hope that daughters will be fed and protected by wealthier families. Female genital mutilation and force-feeding of daughters is argued to be similarly driven in large part to increase their marriage prospects and thus their financial security by achieving certain idealized standards of beauty. In certain areas, girls requiring

12160-424: The individual, such as the right to life and the prohibition of slavery. The second column (articles 12–17) constitutes the rights of the individual in civil and political society. The third column (articles 18–21) is concerned with spiritual, public, and political freedoms, such as freedom of religion and freedom of association. The fourth column (articles 22–27) sets out social, economic, and cultural rights. Finally,

12288-569: 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 The UDHR was framed by members of the Human Rights Commission, with Eleanor Roosevelt as chair, who began to discuss an International Bill of Rights in 1947. The members of the Commission did not immediately agree on the form of such a bill of rights, and whether, or how, it should be enforced. The Commission proceeded to frame

12416-600: The international level. They are generally known as human rights instruments . Some of the most significant are: In 2021 the United Nations Human Rights Council officially recognized "having a clean, healthy and sustainable environment" as a human right. In April 2024, the European Court of Human Rights ruled, for the first time in history, that the Swiss government had violated human rights by not acting strongly enough to stop climate change. Charles Beitz proposes

12544-531: The issue of the term universal , the declarations did not apply to domestic discrimination or racism. Henry J. Richardson III argued: The onset of the Cold War soon after the UDHR was conceived brought to the fore divisions over the inclusion of both economic and social rights and civil and political rights in the declaration. Capitalist states tended to place strong emphasis on civil and political rights (such as freedom of association and expression), and were reluctant to include economic and social rights (such as

12672-523: The last three articles provide the pediment which binds the structure together, as they emphasize the mutual duties of every individual to one another and to society. During World War II , the Allies —known formally as the United Nations —adopted as their basic war aims the Four Freedoms : freedom of speech , freedom of religion , freedom from fear , and freedom from want . Towards the end of

12800-534: The latter, it issues opinions on matters of legal interpretation brought to its attention by other OAS bodies or member states. There are no Asia-wide organisations or conventions to promote or protect human rights. Countries vary widely in their approach to human rights and their record of human rights protection. The Association of Southeast Asian Nations (ASEAN) is a geo-political and economic organization of 10 countries located in Southeast Asia, which

12928-638: The medieval natural law tradition. It developed in new directions during the European Enlightenment with such philosophers as John Locke , Francis Hutcheson , and Jean-Jacques Burlamaqui , and featured prominently in the political discourse of the American Revolution and the French Revolution . From this foundation, the modern human rights arguments emerged over the latter half of the 20th century, possibly as

13056-595: The most influential was Mahatma Gandhi 's leadership of the Indian independence movement . Movements by long-oppressed racial and religious minorities succeeded in many parts of the world, among them the civil rights movement , and more recent diverse identity politics movements, on behalf of women and minorities in the United States. The foundation of the International Committee of the Red Cross ,

13184-462: The national legal system of a state is unable to try the case itself. If national law is able to safeguard human rights and punish those who breach human rights legislation, it has primary jurisdiction by complementarity. Only when all local remedies have been exhausted does international law take effect. In over 110 countries, national human rights institutions (NHRIs) have been set up to protect, promote or monitor human rights with jurisdiction in

13312-459: The oldest human rights organizations, has as its core mandate the promotion of the respect for all rights set out in the Declaration, the International Covenant on Civil and Political Rights , and the International Covenant on Economic, Social and Cultural Rights . Amnesty International , the third oldest international human rights organization, has regularly observed Human Rights Day and organized worldwide events to bring awareness and support of

13440-424: The organization later, which accounts for the comparatively smaller number of states who participated in the historic vote. 10 December, the anniversary of the adoption of the Universal Declaration, is celebrated annually as World Human Rights Day or International Human Rights Day. The commemoration is observed by individuals, community and religious groups, human rights organizations, parliaments, governments, and

13568-408: The protection of their recognized human rights. According to a 2022 study, the UDHR "significantly accelerated the adoption of a particular set of [national] constitutional rights". One scholar estimates that at least 90 national constitutions drafted since the Declaration's adoption in 1948 "contain statements of fundamental rights which, where they do not faithfully reproduce the provisions of

13696-425: The right to work and the right to join a union). Socialist states placed much greater importance on economic and social rights and argued strongly for their inclusion. Because of the divisions over which rights to include and because some states declined to ratify any treaties including certain specific interpretations of human rights, and despite the Soviet bloc and a number of developing countries arguing strongly for

13824-652: The rights in the UDHR to be legally enforceable through some means, as is reflected in the third clause of the preamble: 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. Some of the UDHR was researched and written by a committee of international experts on human rights, including representatives from all continents and all major religions, and drawing on consultation with leaders such as Mahatma Gandhi . The inclusion of both civil and political rights and economic, social, and cultural rights

13952-662: The state parties of those treaties – rather than subsidiary to the United Nations, though in practice they are closely intertwined with the United Nations system and are supported by the UN High Commissioner for Human Rights (UNHCHR) and the UN Centre for Human Rights. Each treaty body receives secretariat support from the Human Rights Council and Treaties Division of Office of the High Commissioner on Human Rights (OHCHR) in Geneva except CEDAW, which

14080-439: The theme of universality during the 18th and 19th centuries. In 1831, William Lloyd Garrison wrote in a newspaper called The Liberator that he was trying to enlist his readers in "the great cause of human rights", so the term human rights probably came into use sometime between Paine's The Rights of Man and Garrison's publication. In 1849 a contemporary, Henry David Thoreau , wrote about human rights in his treatise On

14208-468: The time of the Declaration's adoption by the General Assembly in 1948, Eleanor Roosevelt said: In giving our approval to the declaration today, it is of primary importance that we keep clearly in mind the basic character of the document. It is not a treaty; it is not an international agreement. It is not and does not purport to be a statement of law or of legal obligation. It is a declaration of basic principles of human rights and freedoms, to be stamped with

14336-406: The universal and effective recognition and observance of the human rights set out in the Declaration. Eleanor Roosevelt supported the adoption of the text as a declaration, rather than as a treaty, because she believed that it would have the same kind of influence on global society as the United States Declaration of Independence had within the United States. Even though it is not legally binding,

14464-582: The use of recent military interventions. An example of an intervention that is often criticized is the 2011 military intervention in the First Libyan Civil War by NATO and Qatar where the goal of preventing atrocities is alleged to have taken upon itself the broader mandate of removing the target government. Economic sanctions are often levied upon individuals or states who commit human rights violations. Sanctions are often criticized for its feature of collective punishment in hurting

14592-506: The war, the United Nations Charter was debated, drafted, and ratified to reaffirm "faith in fundamental human rights , and dignity and worth of the human person" and commit all member states to promote "universal respect for, and observance of, human rights and fundamental freedoms for all without distinction as to race, sex, language, or religion." When the atrocities committed by Nazi Germany became fully apparent after

14720-539: The war, the consensus within the world community was that the UN Charter did not sufficiently define the rights to which it referred. It was deemed necessary to create a universal declaration that specified the rights of individuals so as to give effect to the Charter's provisions on human rights . In June 1946, the Economic and Social Council (ECOSOC)—a principal organ of the newly founded United Nations that

14848-467: The well-known Valladolid Debate that took place in 1550 and 1551. The thought of the School of Salamanca, especially through Francisco Vitoria, also contributed to the promotion of European natural law. From this foundation, the modern human rights arguments emerged over the latter half of the 20th century. Magna Carta is an English charter originally issued in 1215 which influenced the development of

14976-399: The world, owing to her ability to appeal to different and often opposing political blocs. The meeting record provides firsthand insight into the debate on the Declaration's adoption. South Africa 's position can be seen as an attempt to protect its system of apartheid , which clearly violated several articles in the Declaration. Saudi Arabia 's abstention was prompted primarily by two of

15104-463: Was Smuts who inserted the word dignity as a human right into the charter. Despite te Water's efforts, the word dignity was included in the declaration as a human right. With a vote of 12 in favour, none opposed, and four abstaining, the CHR approved the proposed Declaration, though was unable to examine the contents and implementation of the proposed Covenant. The Commission forwarded the approved text of

15232-627: Was a mandate to promote many of the rights which were later included in the Universal Declaration of Human Rights. The League of Nations had mandates to support many of the former colonies of the Western European colonial powers during their transition from colony to independent state. Established as an agency of the League of Nations, and now part of United Nations, the International Labour Organization also had

15360-510: Was adopted by the General Assembly as UN Resolution A/RES/217(III)[A] on 10 December 1948 in the Palais de Chaillot , Paris. Of the 58 United Nations members at the time, 48 voted in favour, none against, eight abstained , and Honduras and Yemen failed to vote or abstain. Eleanor Roosevelt is credited with having been instrumental in mustering support for the Declaration's adoption, both in her native U.S. and across

15488-562: Was called upon by the UN Secretary-General to work on the project, becoming the Declaration's principal drafter. Other prominent members of the Drafting Committee included Vice-Chairman P.C. Chang of the Republic of China , René Cassin of France; and its Committee Rapporteur Charles Malik of Lebanon . A month after its creation, the Drafting Committee was expanded to include representatives of Australia, Chile, France,

15616-457: Was circulated among member states and subject to several proposed amendments; for example, Hansa Mehta of India notably suggested that the Declaration assert that "all human beings are created equal," instead of "all men are created equal," to better reflect gender equality. Charles Theodore Te Water of South Africa fought very hard to have the word dignity removed from the declaration, saying that "dignity had no universal standard and that it

15744-546: Was decisive in the dissemination of the term iura naturalia . This natural law thinking was supported by contact with American civilizations and the debate that took place in Castile about the just titles of the conquest and, in particular, the nature of the indigenous people. In the Castilian colonization of America, it is often stated, measures were applied in which the germs of the idea of Human Rights are present, debated in

15872-742: Was formed in 1967 by Indonesia , Malaysia , the Philippines , Singapore and Thailand . The organisation now also includes Brunei Darussalam , Vietnam , Laos , Myanmar and Cambodia . In October 2009, the ASEAN Intergovernmental Commission on Human Rights was inaugurated, and subsequently, the ASEAN Human Rights Declaration was adopted unanimously by ASEAN members on 18 November 2012. Universal Declaration of Human Rights The Universal Declaration of Human Rights ( UDHR )

16000-402: Was not a 'right'." Te Water believed—correctly, as it turned out—that listing human dignity as a human right would lead to criticism of the apartheid system that had just been introduced by the new National Party government of South Africa. Malik in response stated that Prime Minister Jan Smuts of South Africa had played an important role in drafting the United Nations Charter in 1945, and it

16128-477: Was predicated on the assumption that basic human rights are indivisible and that the different types of rights listed are inextricably linked. Although this principle was not opposed by any member states at the time of adoption (the declaration was adopted unanimously, with the abstention of the Soviet bloc , apartheid South Africa, and Saudi Arabia ), this principle was later subject to significant challenges. On

16256-525: Was really directed at Dr. Malik, from whom it drew a prompt retort as he expounded at some length the philosophy of Thomas Aquinas . Dr. Humphrey joined enthusiastically in the discussion, and I remember that at one point Dr. Chang suggested that the Secretariat might well spend a few months studying the fundamentals of Confucianism! In May 1948, roughly a year after its creation, the Drafting Committee held its second and final session, where it considered

16384-555: Was the constitution of the Mali Empire in West Africa . It was composed in the 13th century, and was one of the very first charters on human rights. It included the "right to life and to the preservation of physical integrity" and significant protections for women. Spanish scholasticism insisted on a subjective vision of law during the 16th and 17th centuries: Luis de Molina, Domingo de Soto and Francisco Vitoria, members of

#564435