Submitted To: Submitted By:

Ms. Hemisha Dembla Kavish Thakur B.A.LL.B V ‘A’

 International Human Rights Conventions

Human rights protect human beings and their dignity in war and in peacetime. These rights are
protected under international law and it is the duty of states to ensure they are respected, protected and
fulfilled. To this end, the United Nations has developed a body of binding conventions, all stemming
from the 1948 Universal Declaration of Human Rights.
There are basically three distinct types of human rights:
1. Civil and Political rights, e.g. the right to life, peaceful assembly and religious freedom.
2. Economic, Social and Cultural rights, e.g. the right to work, to education, and to social security.
3. Rights of the third generation, e.g. the right to development and to a clean and healthy
environment.

International human rights instruments are treaties and other international texts that serve as legal
sources for international human rights law and the protection of human rights in general. There are
many varying types, but most can be classified into two broad categories: declarations, adopted by
bodies such as the united nation general assembly , which are by nature declaratory, so not legally-
binding although they may be politically authoritative and very well-respected soft law;, and often
express guiding principles; and conventions that are multi-party treaties that are designed to become
legally binding, usually include prescriptive and very specific language, and usually are concluded by
a long procedure that frequently requires ratification by each states' legislature. Lesser known are
some "recommendations" which are similar to conventions in being multilaterally agreed, yet cannot
be ratified, and serve to set common standards. There may also be administrative guidelines that are
agreed multilaterally by states, as well as the statutes of tribunals or other institutions. A specific
prescription or principle from any of these various international instruments can, over time, attain the
status of customary international law whether it is specifically accepted by a state or not, just because
it is well-recognized and followed over a sufficiently long time.
International human rights instruments can be divided further into global instruments, to which any
state in the world can be a party, and regional instruments, which are restricted to states in a particular
region of the world.
Most conventions and recommendations (but few declarations) establish mechanisms for monitoring
and establish bodies to oversee their implementation. In some cases these bodies that may have
relatively little political authority or legal means, and may be ignored by member states; in other cases
these mechanisms have bodies with great political authority and their decisions are almost always
implemented. A good example of the latter is the European Court of Human Rights.
Monitoring mechanisms also vary as to the degree of individual access to expose cases of abuse and
plea for remedies. Under some conventions or recommendations – e.g. the European Convention of
Human Rights. – individuals or states are permitted, subject to certain conditions, to take individual
cases to a full-fledged tribunal at international level. Sometimes, this can be done in national courts
because of universal jurisdiction.
The Universal declaration of Human Rights, the International Covenant on Civil and Political Rights,
and the International Covenant on economic, social and cultural rights together with other
international human rights instruments are sometimes referred to as the international bill of rights.
International human rights instruments are identified by the OHCHR and most are referenced on the
OHCHR website.
INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS
(ICCPR)

BACKGROUND:
The United Nations International Covenant on Civil and Political Rights (ICCPR) attempts to ensure
the protection of civil and political rights. It was adopted by the United Nations’ General Assembly on
December 19, 1966, and it came into force on March 23, 1976. The International Covenant on Economic
Social and Cultural Rights, the Universal Declaration of Human Rights, and the ICCPR and its two
Optional Protocols, are collectively known as the International Bill of Rights.

PURPOSE:
The ICCPR recognizes the inherent dignity of each individual and undertakes to promote conditions
within states to allow the enjoyment of civil and political rights. Countries that have ratified the
Covenant are obligated “to protect and preserve basic human rights… [and] “compel[ed] to take
administrative, judicial, and legislative measures in order to protect the rights enshrined in the treaty
and to provide an effective remedy.” There are currently 74 signatories and 168 parties to the ICCPR.

CONTENT:
The unifying themes and values of the ICCPR are found in Articles 2 and 3 and are based on the notion
of non-discrimination. Article 2 ensures that rights recognized in the ICCPR will be respected and be
available to everyone within the territory of those states who have ratified the Covenant (State Party).
Article 3 ensures the equal right of both men and women to the enjoyment of all civil and political rights
set out in the ICCPR.
The rights protected under the ICCPR include:
Article 6 – Right to life.
Article 7 – Freedom from torture.
Article 8 – Right to not be enslaved.
Article 9 – Right to liberty and security of the person.
Article 10 – Rights of detainees.
Article 11 – Right to not be imprisoned merely on the ground of inability to fulfil a contractual
obligation.
Article 12 – Freedom of movement and choice of residence for lawful residents.
Article 13 – Rights of aliens.
Article 14 – Equality before the courts and tribunals. Right to a fair trial.
Article 15 – No one can be guilty of an act of a criminal offence which did not constitute a criminal
offence.
Article 16 – Right to recognition as a person before the law.
Article 17 – Freedom from arbitrary or unlawful interference.
Article 18 – Right to freedom of thought, conscience and religion.
Article 19 – Right to hold opinions without interference.
Article 20 – Propaganda for war shall be prohibited by law.
Article 21 – Right of peaceful assembly.
Article 22 – Right to freedom of association with others.
Article 23 – Right to marry.
Article 24 – Children’s rights
Article 25 – Right to political participation.
Article 26 – Equality before the law.
Article 27 – Minority protection.

LIMITATIONS:
Article 4 of ICCPR allows for certain circumstances for States Parties to derogate from their
responsibilities under the Covenant, such as during times of public emergencies. However, State Parties
may not derogate from Articles 6, 7, 8, 11, 15, 16 and 18.

OPTIONAL PROTOCOLS:
There are two optional protocols to the ICCPR which gives additional human rights protections.
First Optional Protocol:
This protocol allows victims claiming to be victims of human rights violations to be heard. The Human
Rights Committee (Committee), which is established by the Covenant, has the jurisdiction to receive,
consider and hear communications from victims. The first Optional Protocol came into force with the
Covenant. There are currently 35 signatories and 115 parties to this protocol.

Second Optional Protocol:

This protocol aims to abolish the death penalty. It was entered into force on July 11, 1991 and it
currently has 37 signatories and 81 parties.

ENFORCEMENT
Article 2(2) of ICCPR provides that State Parties are to take the “necessary steps…. to adopt such laws
or other measures as may be necessary to give effect to the rights recognized in the present Covenant.”
Countries that have ratified the ICCPR must takes steps in their own jurisdictions to recognize the
acceptance of this international covenant because, in “international law, a signature does not usually
bind a State. The treaty is usually subject to a future ratification, acceptance, approval or accession.” In
Canada, the accession process involves a series of reviews and consultation by the federal government
and followed by a tabling of the treaty in Parliament.
In addition to State Parties’ formally adopting and recognizing the ICCPR in their jurisdiction, Article
28 of ICCPR provides for a Human Rights Committee (Committee) to be established for monitoring
the State Parties’ implementation of the Covenant. State Parties are required to submit reports to the
Committee for review, on measures used to adopt and give effect to the rights enshrined in the ICCPR.
As mentioned above, the First Optional Protocol allows victims of human rights violation to be heard
by the Committee. However the ICCPR also provides in Article 41 that a State Party who claims another
State Party is not fulfilling its obligations to implement ICCPR, may make written submissions to the
Committee for consideration. Also, non-governmental organizations (NGOs) may also participate in
ensuring that values under the ICCPR are protected by submitting ‘shadow reports’ and highlight areas
for consideration by the Committee.
 International Covenant on Economic, Social and Cultural Rights
The International Covenant on Economic, Social and Cultural Rights (ICESCR) is a
multilateral treaty adopted by the United Nations General Assembly on 16 December 1966 through
GA. Resolution 2200A (XXI), and came in force from 3 January 1976. It commits its parties to work
toward the granting of economic, social, and cultural rights (ESCR) to the Non-Self-Governing and
Trust Territories and individuals, including labour rights and the right to health, the right to education,
and the right to an adequate standard of living. As of September 2018, the Covenant has 169 parties. A
further four countries, including the United States, have signed but not ratified the Covenant.
The ICESCR (and its Optional Protocol) is part of the International Bill of Human Rights, along with
the Universal Declaration of Human Rights (UDHR) and the International Covenant on Civil and
Political Rights(ICCPR), including the latter's first and second Optional Protocols.
The Covenant is monitored by the UN Committee on Economic, Social and Cultural Rights
Genesis
The ICESCR has its roots in the same process that led to the Universal Declaration of Human Rights. A
"Declaration on the Essential Rights of Man" had been proposed at the 1945 San Francisco
Conference which led to the founding of the United Nations, and the Economic and Social Council was
given the task of drafting it. Early on in the process, the document was split into a declaration setting
forth general principles of human rights, and a convention or covenant containing binding
commitments. The former evolved into the UDHR and was adopted on 10 December 1948. Drafting
continued on the convention, but there remained significant differences between UN members on the
relative importance of negative civil and political versus positive economic, social and cultural
rights. These eventually caused the convention to be split into two separate covenants, "one to contain
civil and political rights and the other to contain economic, social and cultural rights." ] The two
covenants were to contain as many similar provisions as possible, and be opened for signature
simultaneously. Each would also contain an article on the right of all peoples to self-determination. The
States Parties to the present Covenant, including those having responsibility for the administration
of Non-Self-Governing and Trust Territories, shall promote the realization of the right of self-
determination, and shall respect that right, in conformity with the provisions of the Charter of the United
Nations. The first document became the International Covenant on Civil and Political Rights, and the
second the International Covenant on Economic, Social and Cultural Rights. The drafts were presented
to the UN General Assembly for discussion in 1954, and adopted in 1966.
Summary
The Covenant follows the structure of the UDHR and the ICCPR, with a preamble and thirty-one
articles, divided into five parts.
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.
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".
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);
 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.
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)
Part 5 (Articles 26–31) governs ratification, entry into force, and amendment of the Covenant.

Core provisions
Principle of progressive realisation
Article 2 of the Covenant imposes a duty on all parties to
take steps... to the maximum of its available resources, with a view to achieving progressively the full
realization of the rights recognized in the present Covenant by all appropriate means, including
particularly the adoption of legislative measures.
This is known as the principle of "progressive realisation". It acknowledges that some of the rights (for
example, the right to health) may be difficult in practice to achieve in a short period of time, and that
states may be subject to resource constraints, but requires them to act as best they can within their
means.
The principle differs from that of the ICCPR, which obliges parties to "respect and to ensure to all
individuals within its territory and subject to its jurisdiction" the rights in that Convention. However, it
does not render the Covenant meaningless. The requirement to "take steps" imposes a continuing
obligation to work towards the realisation of the rights. It also rules out deliberately regressive measures
which impede that goal. The Committee on Economic, Social and Cultural Rights also interprets the
principle as imposing minimum core obligations to provide, at the least, minimum essential levels of
each of the rights. If resources are highly constrained, this should include the use of targeted
programmes aimed at the vulnerable.
The Committee on Economic, Social and Cultural Rights regards legislation as an indispensable means
for realising the rights which is unlikely to be limited by resource constraints. The enacting of anti-
discrimination provisions and the establishment of enforceable rights with judicial remedies within
national legal systems are considered to be appropriate means. Some provisions, such as anti-
discrimination laws, are already required under other human rights instruments, such as the ICCPR.
Labour rights
Article 6 of the Covenant recognises the right to work, defined as the opportunity of everyone to gain
their living by freely chosen or accepted work. Parties are required to take "appropriate steps" to
safeguard this right, including technical and vocational training and economic policies aimed at steady
economic development and ultimately full employment. The right implies parties must guarantee
equal access to employment and protect workers from being unfairly deprived of employment. They
must prevent discrimination in the workplace and ensure access for the disadvantaged. The fact that
work must be freely chosen or accepted means parties must prohibit forced or child labor.
The work referred to in Article 6 must be decent work. This is effectively defined by Article 7 of the
Covenant, which recognises the right of everyone to "just and favourable" working conditions. These
are in turn defined as fair wages with equal pay for equal work, sufficient to provide a decent living for
workers and their dependants; safe working conditions; equal opportunity in the workplace; and
sufficient rest and leisure, including limited working hours and regular, paid holidays.
Article 8 recognises the right of workers to form or join trade unions and protects the right to strike. It
allows these rights to be restricted for members of the armed forces, police, or government
administrators. Several parties have placed reservations on this clause, allowing it to be interpreted in a
manner consistent with their constitutions (e.g., China, Mexico), or extending the restriction of union
rights to groups such as firefighters (e.g., Japan).

Right to social security

Article 9 of the Covenant recognizes "the right of everyone to social security, including social
insurance". It requires parties to provide some form of social insurance scheme to protect people against
the risks of sickness, disability, maternity, employment injury, unemployment or old age; to provide for
survivors, orphans, and those who cannot afford health care; and to ensure that families are adequately
supported. Benefits from such a scheme must be adequate, accessible to all, and provided without
discrimination. The Covenant does not restrict the form of the scheme, and both contributory and non-
contributory schemes are permissible (as are community-based and mutual schemes).
The Committee on Economic, Social and Cultural Rights has noted persistent problems with the
implementation of this right, with very low levels of access.
Several parties, including France and Monaco, have reservations allowing them to set residence
requirements in order to qualify for social benefits. The Committee on Economic, Social and Cultural
Rights permits such restrictions, provided they are proportionate and reasonable.

Right to family life

Article 10 of the Covenant recognises the family as "the natural and fundamental group unit of society",
and requires parties to accord it "the widest possible protection and assistance". Parties must ensure that
their citizens are free to establish families and that marriages are freely contracted and
not forced. Parties must also provide paid leave or adequate social security to mothers before and after
childbirth, an obligation which overlaps with that of Article 9. Finally, parties must take "special
measures" to protect children from economic or social exploitation, including setting a minimum age
of employment and barring children from dangerous and harmful occupations.
Right to an adequate standard of living

Article 11 recognises the right of everyone to an adequate standard of living. This includes, but is not
limited to, the right to adequate food, clothing, housing, and "the continuous improvement of living
conditions". It also creates an obligation on parties to work together to eliminate world hunger.
The right to adequate food, also referred to as the right to food, is interpreted as requiring "the
availability of food in a quantity and quality sufficient to satisfy the dietary needs of individuals, free
from adverse substances, and acceptable within a given culture". This must be accessible to all, implying
an obligation to provide special programmes for the vulnerable. This must also ensure an equitable
distribution of world food supplies in relation to need, taking into account the problems of food-
importing and food-exporting countries. The right to adequate food also implies a right to water.
The right to adequate housing, also referred to as the right to housing, is "the right to live somewhere
in security, peace and dignity".] It requires "adequate privacy, adequate space, adequate security,
adequate lighting and ventilation, adequate basic infrastructure and adequate location with regard to
work and basic facilities – all at a reasonable cost". Parties must ensure security of tenure and that access
is free of discrimination, and progressively work to eliminate homelessness. Forced evictions, defined
as "the permanent or temporary removal against their will of individuals, families and/or communities
from the homes and/or land which they occupy, without the provision of, and access to, appropriate
forms of legal or other protection", are a prima facie violation of the Covenant.
The right to adequate clothing, also referred to as the right to clothing, has not been authoritatively
defined and has received little in the way of academic commentary or international discussion. What is
considered "adequate" has only been discussed in specific contexts, such as refugees, the disabled, the
elderly, or workers.

Right to health

Article 12 of the Covenant recognises the right of everyone to "the enjoyment of the highest attainable
standard of physical and mental health". "Health" is understood not just as a right to be healthy, but as
a right to control one's own health and body (including reproduction), and be free from interference
such as torture or medical experimentation. States must protect this right by ensuring that everyone
within their jurisdiction has access to the underlying determinants of health, such as clean water,
sanitation, food, nutrition and housing, and through a comprehensive system of healthcare, which is
available to everyone without discrimination, and economically accessible to all.
Article 12.2 requires parties to take specific steps to improve the health of their citizens, including
reducing infant mortality and improving child health, improving environmental and workplace health,
preventing, controlling and treating epidemic diseases, and creating conditions to ensure equal and
timely access to medical services for all. These are considered to be "illustrative, non-exhaustive
examples", rather than a complete statement of parties' obligations.
The right to health is interpreted as requiring parties to respect women's' reproductive rights, by not
limiting access to contraception or "censoring, withholding or intentionally misrepresenting"
information about sexual health. They must also ensure that women are protected from harmful
traditional practices such as female genital mutilation.
Right to health is inclusive right extending not only to timely and appropriate health care but also to the
underlying determinants of health, such as access to safe and potable water and adequate sanitation, an
adequate supply of safe food, nutrition and housing, healthy occupational and environmental conditions.

Right to free education

Article 13 of the Covenant recognises the right of everyone to free education (free for the primary level
and "the progressive introduction of free education" for the secondary and higher levels). This is to be
directed towards "the full development of the human personality and the sense of its dignity", and
enable all persons to participate effectively in society. Education is seen both as a human right and as
"an indispensable means of realizing other human rights", and so this is one of the longest and most
important articles of the Covenant.
Article 13.2 lists a number of specific steps parties are required to pursue to realise the right of
education. These include the provision of free, universal and compulsory primary education, "generally
available and accessible" secondary education in various forms (including technical and vocational
training), and equally accessible higher education. All of these must be available to all without
discrimination. Parties must also develop a school system (though it may be public, private, or mixed),
encourage or provide scholarships for disadvantaged groups. Parties are required to make education
free at all levels, either immediately or progressively; "primary education shall be compulsory and
available free to all"; secondary education "shall be made generally available and accessible to all by
every appropriate means, and in particular by the progressive introduction of free education"; and
"higher education shall be made equally accessible to all, on the basis of capacity, by every appropriate
means, and in particular by the progressive introduction of free education".
Articles 13.3 and 13.4 require parties to respect the educational freedom of parents by allowing them
to choose and establish private educational institutions for their children, also referred to as freedom of
education. It also recognises the right of parents to "ensure the religious and moral education of their
children in conformity with their own convictions". This is interpreted as requiring public schools to
respect the freedom of religion and conscience of their students, and as forbidding instruction in a
particular religion or belief system unless non-discriminatory exemptions and alternatives are available.
The Committee on Economic, Social and Cultural Rights interpret the Covenant as also requiring states
to respect the academic freedom of staff and students, as this is vital for the educational process. It also
considers corporal punishment in schools to be inconsistent with the Covenant's underlying principle
of the dignity of the individual.
Article 14 of the Covenant requires those parties which have not yet established a system of
free compulsory primary education, to rapidly adopt a detailed plan of action for its introduction "within
a reasonable number of years".

Right to participation in cultural life

Article 15 of the Covenant recognises the right of everyone to participate in cultural life, enjoy the
benefits of scientific progress, and to benefit from the protection of the moral and material rights to any
scientific discovery or artistic work they have created. The latter clause is sometimes seen as requiring
the protection of intellectual property, but the Committee on Economic, Social and Cultural Rights
interprets it as primarily protecting the moral rights of authors and "proclaiming the intrinsically
personal character of every creation of the human mind and the ensuing durable link between creators
and their creations". It thus requires parties to respect the right of authors to be recognised as the creator
of a work. The material rights are interpreted as being part of the right to an adequate standard of living,
and "need not extend over the entire lifespan of an author."
Parties must also work to promote the conservation, development and diffusion of science and culture,
"respect the freedom indispensable for scientific research and creative activity", and encourage
international contacts and cooperation in these fields.

Optional Protocol
The Optional Protocol to the International Covenant on Economic, Social and Cultural Rights is a side-
agreement to the Covenant which allows its parties to recognise the competence of the Committee on
Economic Social and Cultural Rights to consider complaints from individuals.
The Optional Protocol was adopted by the UN General Assembly on 10 December 2008. It was opened
for signature on 24 September 2009, and as of February 2013 has been signed by 40 parties and ratified
by 22. Having passed the threshold of required ratifications it has entered into force on 5 May 2013.

Committee on Economic, Social and Cultural Rights

The Committee on Economic, Social and Cultural Rights is a body of human rights experts tasked with
monitoring the implementation of the Covenant. It consists of 18 independent human rights experts,
elected for four-year terms, with half the members elected every two years.
Unlike other human rights monitoring bodies, the Committee was not established by the treaty it
oversees. Rather, it was established by the Economic and Social Council following the failure of two
previous monitoring bodies.
All states parties are required to submit regular reports to the Committee outlining the legislative,
judicial, policy and other measures they have taken to implement the rights affirmed in the Covenant.
The first report is due within two years of ratifying the Covenant; thereafter reports are due every five
years. The Committee examines each report and addresses its concerns and recommendations to the
State party in the form of "concluding observations".
The Committee typically meets every May and November in Geneva.
 Universal Declaration of Human Rights

The Universal Declaration of Human Rights (UDHR) is a historic document that was adopted by
the United Nations General Assembly at its third session on 10 December 1948 as Resolution 217 at
the Palais de Chaillot in Paris, France. Of the then 58 members of the United Nations, 48 voted in
favour, none against, eight abstained, and two did not vote.
The Declaration consists of 30 articles affirming an individual's rights which, although not legally
binding in themselves, have been elaborated in subsequent international treaties, economic transfers,
regional human rights instruments, national constitutions, and other laws. The Declaration was the first
step in the process of formulating the International Bill of Human Rights, which was completed in 1966,
and came into force in 1976, after a sufficient number of countries had ratified them.
Some legal scholars have argued that because countries have constantly invoked the Declaration for
more than 50 years, it has become binding as a part of customary international law. However, in the
United States, the Supreme Court in Sosa v. Alvarez-Machain (2004), concluded that the Declaration
"does not of its own force impose obligations as a matter of international law." Courts of other countries
have also concluded that the Declaration is not in and of itself part of domestic law.

Structure and content

The underlying structure of the Universal Declaration was introduced in its second draft, which was
prepared by René Cassin. Cassin worked from a first draft, which was prepared by John Peters
Humphrey. The structure was influenced by the Code Napoléon, including a preamble and introductory
general principles. Cassin compared the Declaration to the portico of a Greek temple, with a foundation,
steps, four columns, and a pediment.
The Declaration consists of a preamble and thirty articles:

 The preamble sets out the historical and social causes that led to the necessity of drafting the
Declaration.
 Articles 1–2 established the basic concepts of dignity, liberty, and equality.
 Articles 3–5 established other individual rights, such as the right to life and the prohibition
of slavery and torture.
 Articles 6–11 refer to the fundamental legality of human rights with specific remedies cited for
their defence when violated.
 Articles 12–17 established the rights of the individual towards the community (including such
things as freedom of movement).
 Articles 18–21 sanctioned the so-called "constitutional liberties", and with spiritual, public, and
political freedoms, such as freedom of thought, opinion, religion and conscience, word,
and peaceful association of the individual.
 Articles 22–27 sanctioned an individual's economic, social and cultural rights, including healthcare.
Article 25 states: "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." It also makes additional accommodations for security in case of physical
debilitation or disability, and makes special mention of care given to those in motherhood or
childhood.
 Articles 28–30 established the general ways of using these rights, the areas in which these rights of
the individual cannot be applied, and that they cannot be overcome against the individual.
These articles are concerned with the duty of the individual to society and the prohibition of use of
rights in contravention of the purposes of the United Nations Organisation.
History
Background

During World War II, the Allies adopted the Four Freedoms—freedom of speech, freedom of
religion, freedom from fear, and freedom from want—as their basic war aims. The United Nations
Charter "reaffirmed faith in fundamental human rights, and dignity and worth of the human person" and
committed 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 World War II, the
consensus within the world community was that the United Nations Charter did not sufficiently define
the rights to which it referred. A universal declaration that specified the rights of individuals was
necessary to give effect to the Charter's provisions on human rights.

Creation and drafting

In June 1946, the UN Economic and Social Council established the Commission on Human Rights,
comprising 18 members from various nationalities and political backgrounds. The Commission, a
standing body of the United Nations, was constituted to undertake the work of preparing what was
initially conceived as an International Bill of Rights.
The Commission established a special Universal Declaration of Human Rights Drafting Committee,
chaired by Eleanor Roosevelt, to write the articles of the Declaration. The Committee met in two
sessions over the course of two years.
Canadian John Peters Humphrey, Director of the Division of Human Rights within the United Nations
Secretariat, was called upon by the United Nations Secretary-General to work on the project and
became the Declaration's principal drafter. At the time, Humphrey was newly appointed as Director of
the Division of Human Rights within the United Nations Secretariat.
Other well-known members of the drafting committee included René Cassin of France, Charles
Malik of Lebanon, and P. C. Chang of the Republic of China. Humphrey provided the initial draft that
became the working text of the Commission.
Hansa Mehta of India suggested to add "all human beings are created equal" instead of "all men are
created equal" in the declaration.
According to Allan Carlson, the Declaration's pro-family phrases were the result of the Christian
Democratic movement's influence on Cassin and Malik.
Once the Committee finished its work in May 1948, the draft was further discussed by the Commission
on Human Rights, the Economic and Social Council, the Third Committee of the General
Assembly before being put to vote in December 1948. During these discussions many amendments and
propositions were made by UN Member States.
British representatives were extremely frustrated that the proposal had moral but no legal obligation. (It
was not until 1976 that the International Covenant on Civil and Political Rights came into force, giving
a legal status to most of the Declaration.)

Adoption
The Universal Declaration was adopted by the General Assembly as Resolution 217 on 10 December
1948 in Palais de Chaillot, Paris, as the third United Nations General Assembly was held there. Of the
then 58 members of the United Nations, 48 voted in favour, none against, eight abstained
and Honduras and Yemen failed to vote or abstain.
The meeting record provides first hand insight into the debate. South Africa's position can be seen as
an attempt to protect its system of apartheid, which clearly violated several articles in the
Declaration. The Saudi Arabian delegation's abstention was prompted primarily by two of 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 six communist countries abstentions centred
around the view that the Declaration did not go far enough in condemning fascism and Nazism. Eleanor
Roosevelt attributed the abstention of Soviet bloc countries to Article 13, which provided the right of
citizens to leave their countries.
 Convention on the Rights of the Child

The Convention on the Rights of the Child contains provisions on the human rights of young people
under 18 years of age. It was adopted by the UN General Assembly on 20 November 1989. Switzerland
ratified the Convention on 24 February 1997.
The Convention on the Rights of the Child (CRC) provides a comprehensive guarantee of the human
rights of young people under 18 years of age. The rights enshrined in the Convention are intended to
enable children to develop their personality and abilities to their fullest potential and take into account
their particular need for protection.
The Convention guarantees a child's right to:
1. be heard and to participate
2. protection of his or her welfare an identity
3. life, survival and development
4. protection from abuse and exploitation
5. and includes a ban on any form of discrimination
The Convention was adopted by the UN General Assembly on 20 November 1989. Switzerland ratified
the Convention on 24 February 1997, where it came into force on 26 March that year.

Review mechanism

The UN Committee on the Rights of the Child supervises the implementation of the Convention. The
states parties must submit regular reports on the activities that have been taken in line with their
commitments under the Convention.
The first two optional protocols also make provision for a reporting procedure to monitor their
implementation. The third optional protocol provides for a supplementary individual complaints
procedure (see below).
Switzerland has submitted regular reports to the Committee on the Rights of the Child on implementing
its obligations under the Convention. The second, third and fourth combined reports were submitted in
June 2012. In February 2015, the Committee issued its recommendations on how Switzerland can
improve compliance in terms of its obligations under the Convention.
The Federal Social Insurance Office (FSIO) is responsible for Switzerland's country reports on the
implementation of its obligations under the Convention on the Rights of the Child.

Optional protocols
There are three optional protocols to the Convention on the Rights of the Child:
1. Optional Protocol on the Involvement of Children in Armed Conflict
The aim of this protocol is to improve protection for children and young people caught up in
armed conflicts. The UN concluded the protocol on 25 May 2000 and it came into force on 12
February 2002.
 2. Optional Protocol on the Sale of Children, Child Prostitution and Child Pornography
This protocol improves protection for children against sexual exploitation. The UN concluded
the protocol on 25 May 2000 and it came into force on 18 January 2002.
3. Optional Protocol to the Convention on the Rights of the Child on a Communications
Procedure. This protocol provides for an important supplement to the Convention and the first
two optional protocols in the form of an individual complaints procedure. The Committee is
also empowered to carry out interstate communications procedures (Art. 12 of the protocol)
and inquiries (Art. 13 of the protocol) under certain conditions. The UN concluded the protocol
on 19 December 2011 and it came into force on 14 April 2014.
Switzerland is a state party to the first two optional protocols. It ratified the first on 26 June 2002, where
it came into force one month later on 26 July. The second was ratified on 19 September 2006, and came
into force after one month on 19 October. Switzerland is currently examining an accession to the third
optional Protocol on an individual complaints mechanism, which allows individuals to bring complaints
regarding the violation of individual rights of the convention and the two Optional Protocols before the
Committee, once the domestic remedies have been exhausted.
 Convention on the Elimination of All Forms of Discrimination against
Women
The UN Convention on the Elimination of All Forms of Discrimination against Women obliges states
parties to take all appropriate means to eliminate discrimination against women. It was adopted by
the UN General Assembly on 18 December 1979. Switzerland ratified the Convention on 27 March
1997.

The Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) sets out
in detail the prohibition of discrimination against women in all stages of life and obliges states
parties to take appropriate measures to this end.

The Convention:

1. defines discrimination against women.

2. provides the basis for realising equality between women and men.
3. obliges the states parties to actively adopt measures to achieve equality between women
and men

The CEDAW was adopted by the UN General Assembly on 18 December 1979 and came into force on
3 September 1981. Switzerland ratified the Convention on 27 March 1997. On 26 April 1997 it came
into force in Switzerland.

Review mechanism

The Committee on the Elimination of All Forms of Discrimination against Women monitors the
implementation of the Convention. The states parties have to report regularly to the Committee on
how they are fulfilling their obligations.

Since the ratification of the CEDAW, Switzerland has submitted three reports to the Committee. The
most recent was the fourth and fifth combined report in December 2014. The Committee has not
yet issued its recommendations in response to the most recent report.

The Federal Office for Gender Equality (FOGE) within the Federal Department of Home Affairs is
responsible for Switzerland's country reports on the implementation of its obligations under the
Convention.

Optional protocol

On 6 October 1999, the UN adopted an optional protocol to the CEDAW regarding an individual
complaint’s mechanism. The optional protocol came into force on 22 December 2000.
In specific cases, women can submit individual complaints to the Committee on the Elimination of All
Forms of Discrimination against Women. The Committee also has the authority to conduct an inquiry
in serious cases (Art. 8 of the optional protocol).
Switzerland ratified the optional protocol on 29 September 2008, where it came into force on 29
December that year.
 Convention on the Rights of Persons with Disabilities
The Convention on the Rights of Persons with Disabilities guarantees all human rights for people with
disabilities. It was adopted by the UN General Assembly on 13 December 2006. Switzerland acceded
to the Convention on 15 April 2014.

The Convention on the Rights of Persons with Disabilities (CRPD) ensures that persons with disabilities
enjoy all human rights and participate in public, economic and social life. It does not contain any special
rights, but defines universal human rights from the perspective of persons with disabilities. The aim is
to promote equal opportunities for persons with disabilities and to prevent discrimination against them
in society.

The Convention guarantees persons with disabilities inter alia the right to:

 an independent and autonomous life

 his or her own family
 employment
 an adequate living standard and social protection;
 access education
 participate in public and cultural life, and
 protection against multiple discrimination, violence, exploitation and abuse

States parties are obliged to create 'focal points' that supervise the implementation of their commitments
under the Convention. They must also develop a national programme to implement and promote the
Convention.

Switzerland ratified the Convention on 15 April 2014, where it came into force on 15 May that year.

Review mechanism
The Convention obliges the states parties to report to its monitoring body, the UN Committee on the
Rights of Persons with Disabilities. The first report is due two years after ratification, after which reports
are submitted at least every four years. Switzerland's first report is due in 2016 and is currently being
drafted.

The Federal Office for Disability Equality (FODE) is responsible for Switzerland's country reports on
the implementation of its obligations under the Convention on the Rights of Persons with Disabilities.

Optional protocol

The Convention is supplemented by an optional protocol that provides for an individual complaints
procedure and an investigation procedure.

The optional protocol was adopted by the UN General Assembly on 13 December 2006 and came
into force on 3 May 2008. Switzerland has not yet ratified the optional protocol.
 Convention against Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment
The Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
obliges the states parties to prevent and punish acts of torture. It was adopted by the UN General
Assembly on 10 December 1984. Switzerland acceded to the Convention on 2 February 1986.
The Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
(CAT) obliges the states parties to take all necessary measures to prevent and punish torture and cruel
treatment. Persons in detention are to be protected against attacks on their physical and mental
integrity.
The Convention:
1. prohibits torture in all circumstances.
2. prohibits the extradition of persons to a state where there are substantial grounds for believing
that she or he would be in danger of being subjected to torture (principle of non-refoulement)
3. provides a detailed definition of torture.
4. regulates the punishment and extradition of torturers.
5. regulates the prevention and clarification of cases of torture
The CAT was adopted by the UN General Assembly on 10 December 1984 and came into force on 26
June 1987. Switzerland acceded to the Convention on 2 February 1986, where it came into force on
26 June 1987.

Review mechanism

The states parties to the Convention must report regularly to the responsible monitoring body, the
Committee against Torture, on the measures that have been taken in line with their commitments
under the Convention.

The first implementation report is due one year after the Convention comes into force in the state
party concerned; subsequent reporting is due every four years. The Committee has delivered
concluding remarks and recommendations since 1994.

In May 2014 Switzerland drew up its seventh implementation report as part of the UN's simplified
reporting procedure i.e. on the basis of a list of questions issued by the Committee. The Committee
reviewed the report during its 55th session on 3-4 August 2015 and delivered its concluding remarks
and recommendations to Switzerland on 13 August that year.

The Federal Office of Justice (FOJ) is responsible for Switzerland's country reports on the
implementation of its obligations under the UN Convention against Torture.

Other review mechanisms

In addition to the country reporting procedure, the Committee against Torture is empowered to carry
out an inquiry if there are reasons to suspect that torture is being systematically practised (Art. 20 CAT).
The Convention also provides for a voluntary interstate complaints procedure (Art. 21 CAT) and a
voluntary individual complaints procedure (Art. 22 CAT).
Switzerland has recognised the Committee's authority to deal with interstate and individual complaints.

Optional protocol

On 18 December 2002 the UN General Assembly adopted an optional protocol to the Convention that
provides for a preventive procedure whereby national and international bodies visit and review places
of detention on a regular basis as a preventive measure. The protocol came into force on 22 June
2006.
Switzerland ratified the Optional Protocol to the UN Convention against Torture on 24 September
2009, where it came into effect one month later on 24 October.
 International Convention on the Elimination of All Forms of Racial
Discrimination

The International Convention on the Elimination of All Forms of Racial Discrimination was adopted
by the UN General Assembly on 21 December 1965. Switzerland acceded to the Convention on 29
November 1994.
The International Convention on the Elimination of All Forms of Racial Discrimination (CERD) obliges
states parties to pursue by all appropriate means a policy of eliminating racial discrimination in all its
forms and promoting understanding among all races, refrain from all acts and practices of racial
discrimination and prohibit and prosecute such acts.

The Convention defines racial discrimination and lists civil, political, economic, social and cultural
human rights whose enjoyment must be guaranteed to everyone without distinction as to race. It also
contains the basic right to effective judicial complaint procedures (legal remedies) in the case of all acts
of racial discrimination.
The Convention was adopted by the UN General Assembly on 21 December 1965 and came into force
on 4 January 1969. Switzerland ratified the Convention on 29 November 1994, where it came into force
exactly one month later.

Review mechanism

The Committee on the Elimination of Racial Discrimination is the body that reviews states parties'
compliance with their obligations under the Convention on the Elimination of All Forms of Racial
Discrimination. States parties must report regularly on the implementation of the measures taken to
fulfil their obligations under the Convention.

States must report initially one year after acceding to the Convention and then every two years or
when requested to by the Committee. The Committee can also require further information from the
state’s parties. The latest report by Switzerland to be examined by the Committee was Switzerland's
combined 7th to 9th periodic report in 2014.

The Service for Combating Racism within the Federal Department of Home Affairs is responsible for
Switzerland's country reports on the implementation of its obligations under the Convention on the
Elimination of All Forms of Racial Discrimination.

Other review mechanisms

The Convention on the Elimination of Racial Discrimination also provides for an individual
complaint’s mechanism (Art. 14 CERD) and an interstate complaints procedure (Art. 11 CERD).
Switzerland recognised the individual complaints mechanism on 19 June 2003.
 Conclusion

The development of state institutions to promote and protect human rights is a critical safeguard to
ensure that people can obtain recourse and redress in the face of injustice. A dynamic and autonomous
human rights commission can play a role in this process. For that reason, it is important that existing
human rights commissions are encouraged to play an active and central role in the upholding of human
rights. In some cases, where the political will is present, this task requires only training and funding
opportunities. In other cases, greater pressure on a government is required for it to allow formal and
actual independence of its human rights commission. Human rights commissioners also need to be
supported and pushed by the international community to push the limit of their boundaries and to
withstand the inevitable resistance from other government agencies. This is a process that can only be
achieved with sustained national and international attention over a period of time. The success by a
human rights commission can only be measured through its actions

This concluding chapter adds two reflections:

 The human rights ideal proclaimed in the Universal Declaration of Human Rights was ignited
and has been kept lit by great human beings.
 As the advancement of the liberating power of human rights deeply depends on their being
rooted in hearts, minds and everyday life, human rights education should be of paramount
concern.
The ‘mothers and fathers’ of the 1948 Universal Declaration were aware that the promotion and
protection of human rights should begin… at the beginning, i.e. with education. Human rights education
especially concerns two professional fields: Law and Education.
Human beings are, under and above all, their values and sentiments. Human rights education—
understood according to its contemporary comprehensive, holistic scope—is an ethical, civic and
international education that is crucial for contemporary societies and the survival and perfecting of
Humankind…
 Webliography
 https://www.eda.admin.ch/eda/en/home/foreign-policy/international-law/un-human-
rights-treaties.html
 https://www.eda.admin.ch/eda/en/fdfa/foreign-policy/international-law/un-human-rights-
treaties/international-covenant-on-civil-and-political-rights.html
 https://www.eda.admin.ch/eda/en/fdfa/foreign-policy/international-law/un-human-rights-
treaties/international-covenant-economic-social-cultural-rights.html

Bibliography
 Dr. S.K. Kapoor Human Rights under International Law and Indian Law.
 Dr. H.O. Agarwal Human Rights.
 Jatindra Kumar Das Human Rights Law and Practice.