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LL.B. (HONS) SEMESTER-IV
HUMAN RIGHTS LAW AND PRACTICE
UNIT – I : CONCEPT
Human beings are rational beings. They by virtue of their being human possess certain basic, inherent and inalienable rights which are commonly known as human rights. Human Rights are defined as all those rights which are essential for the protection and maintenance of dignity of individuals and create conditions in which every human being can develop his personality to the fullest extent. Human rights become operative with the birth of an individual. These are moral claims which are inalienable and inherent in all individuals by virtue of their humanity alone, irrespective of caste, colour, creed, and place of birth, sex, cultural difference or any other consideration. Because of their immense significance to human beings; human rights are also sometimes referred to as fundamental rights , basic rights , inherent rights , natural rights and birth rights. They are not created by any legislature through legislation and are not subject to amendment.
Dr. Justice Durga Das Basu defines-
“ Human rights are those minimal rights, which every individual must have against the State, or other public authority, by virtue of his being a ‘member of human family’ irrespective of any consideration .”
The Universal Declaration of Human Rights (UDHR), 1948, defines human rights as-
“ Rights derived from the inherent dignity of the human person. ”
**1. Historical Development and concept of Human Right
- Human Right in India ancient, medieval and modern concept of rights
- Human Right in Western tradition
- Concept of natural law and natural rights
- Human Right in legal tradition: International Law and National Law
- UN and Human Rights
- Universal Declaration of Human Rights (1980) - individual and group rights
- Covenant on political and Civil Rights (1966)**
MEANING OF HUMAN RIGHTS
DEFINITION OF HUMAN RIGHTS
Section 2 (1)(d) of the Protection of Human Rights Act,1993 defines "human rights" as-
" Human Rights are the rights relating to life, liberty, equality and dignity of the individual guaranteed by the Constitution or embodied in the International Covenants and enforceable by Courts in India ".
1. Human Rights are Inalienable - Human rights are conferred on an individual due to the very nature of his existence. They are inherent in all individuals irrespective of their caste, creed, religion, sex and nationality. Human rights are conferred to an individual even after his death. The different rituals in different religions bear testimony to this fact. 2. Human Rights are Essential and Necessary - In the absence of human rights, the moral, physical, social and spiritual welfare of an individual is impossible. Human rights are also essential as they provide suitable conditions for material and moral upliftment of the people. 3. Human Rights are in connection with human dignity – To treat another individual with dignity irrespective of the fact that the person is a male or female, rich or poor etc. is concerned with human dignity. For eg. In 1993, India has enacted a law that forbids the practice of carrying human excreta. This law is called Employment of Manual Scavengers and Dry Latrines (Prohibition) Act. 4. Human Rights are Irrevocable - Human rights are irrevocable. They cannot be taken away by any power or authority because these rights originate with the social nature of man in the society of human beings and they belong to a person simply because he is a human being. As such human rights have similarities to moral rights. 5. Human Rights are Necessary for the fulfillment of purpose of life - Human life has a purpose. The term “human right” is applied to those conditions which are essential for the fulfillment of this purpose. No government has the power to curtail or take away the rights which are sacrosanct, inviolable and immutable. 6. Human Rights are Universal – Human rights are not a monopoly of any privileged class of people. Human rights are universal in nature, without consideration and without exception. The values such as divinity, dignity and equality which form the basis of these rights are inherent in human nature. 7. Human Rights are never absolute – Man is a social animal and he lives in a civic society, which always put certain restrictions on the enjoyment of his rights and freedoms. Human
CHARACTERISTICS AND NATURE OF HUMAN RIGHTS
In 539 B.C., the armies of Cyrus the Great, the first king of ancient Persia, conquered the city of Babylon. But it was his next actions that marked a major advance for man. He freed the slaves, declared that all people had the right to choose their own religion, and established racial equality. These and other decrees were recorded on a baked-clay cylinder in the Akkadian language with cuneiform script. Known today as the ‘ Cyrus Cylinder ’, this ancient record has now been recognized as the world’s first charter of human rights. It is translated into all six official languages of the United Nations and its provisions parallel the first four Articles of the Universal Declaration of Human Rights.
The Spread of Human Rights - From Babylon, the idea of human rights spread quickly to India, Greece and eventually Rome. There the concept of “natural law” arose, in observation of the fact that people tended to follow certain unwritten laws in the course of life, and Roman law was based on rational ideas derived from the nature of things.
Documents asserting individual rights, such as the Magna Carta (1215), the Petition of Right (1628), the US Constitution (1787), the French Declaration of the Rights of Man and of the Citizen (1789), and the US Bill of Rights (1791) are the written precursors to many of today’s human rights documents.
The Magna Carta, or “ Great Charter ,” was arguably the most significant early influence on the extensive historical process that led to the rule of constitutional law today in the English-speaking world.
In 1215, after King John of England violated a number of ancient laws and customs by which England had been governed, his subjects forced him to sign the Magna Carta, which enumerates what later came to be thought of as human rights. Among them was the right of the church to be free from governmental interference, the rights of all free citizens to own and inherit property and to be protected from excessive taxes. It established the right of widows who owned property to choose not to remarry, and established principles of due process and equality before the law. It also contained provisions forbidding bribery and official misconduct. Widely viewed as one of the most important legal documents in the development of modern democracy, the Magna Carta was a crucial turning point in the struggle to establish freedom.
The next recorded milestone in the development of human rights was the Petition of Right, produced in 1628 by the English Parliament and sent to Charles I as a statement of civil liberties. Refusal by Parliament to finance the king’s unpopular foreign policy had caused his government to exact forced loans and to quarter troops in subjects’ houses as an economy measure. Arbitrary arrest and imprisonment for opposing these policies had produced in Parliament a violent hostility to Charles and to George Villiers, the Duke of Buckingham.
The Petition of Right, initiated by Sir Edward Coke, was based upon earlier statutes and charters and asserted four principles:
THE MAGNA CARTA (1215)
THE PETITION OF RIGHT (1628)
- No taxes may be levied without consent of Parliament,
- No subject may be imprisoned without cause shown (reaffirmation of the right of habeas corpus),
- No soldiers may be quartered upon the citizenry, and
- Martial law may not be used in time of peace.
On July 4, 1776, the United States Congress approved the Declaration of Independence. Its primary author, Thomas Jefferson, wrote the Declaration as a formal explanation of why Congress had voted on July 2 to declare independence from Great Britain, more than a year after the outbreak of the American Revolutionary War, and as a statement announcing that the thirteen American Colonies were no longer a part of the British Empire. Congress issued the Declaration of Independence in several forms. It was initially published as a printed broadsheet that was widely distributed and read to the public.
Philosophically, the Declaration stressed two themes: individual rights and the right of revolution. These ideas became widely held by Americans and spread internationally as well, influencing in particular the French Revolution.
Written during the summer of 1787 in Philadelphia, the Constitution of the United States of America is the fundamental law of the US federal system of government and the landmark document of the Western world. It is the oldest written national constitution in use and defines the principal organs of government and their jurisdictions and the basic rights of citizens.
The first ten amendments to the Constitution—the Bill of Rights—came into effect on December 15, 1791, limiting the powers of the federal government of the United States and protecting the rights of all citizens, residents and visitors in American territory.
The Bill of Rights protects freedom of speech, freedom of religion, the right to keep and bear arms, the freedom of assembly and the freedom to petition. It also prohibits unreasonable search and seizure, cruel and unusual punishment and compelled self-incrimination. Among the legal protections it affords, the Bill of Rights prohibits Congress from making any law respecting establishment of religion and prohibits the federal government from depriving any person of life, liberty or property without due process of law. In federal criminal cases it requires indictment by a grand jury for any capital offense, or infamous crime, guarantees a speedy public trial with an impartial jury in the district in which the crime occurred, and prohibits double jeopardy.
UNITED STATES DECLARATION OF
INDEPENDENCE (1776)
THE CONSTITUTION OF THE UNITED STATES
OF AMERICA (1978) & BILL OF RIGHTS (1791)
freedom struggle had taken place in the context of the demand for basic human rights. Yet economic backwardness of the country would make it impossible to immediately satisfy all the aspirations of people. So, they adopted a pragmatic approach. They described certain rights as “fundamental rights” and laid down certain other rights as fundamental duties of a citizen were also enumerated.
The Supreme Court of India is the guarantor of the rights according to the Constitution. The court takes into account fundamental duties while interpreting the constitutional right. Human rights in India is an issue complicated by the country's large size, its tremendous diversity, its status as a developing country and a sovereign, secular, democratic, republic. All human rights are indivisible, whether they are civil and political rights, such as the right to life, equality before the law and freedom of expression; economic, social and cultural rights, such as the rights to work, social security and education, or collective rights, such as the rights to development and self-determination, are indivisible, interrelated and interdependent. The improvement of one right facilitates advancement of the others. Likewise, the deprivation of one right adversely affects the others.
FU FUNNDDAAMMEENNTTAALL RRIIGGHHTTSS IINN IINNDDIIAANN CCOONNSSTTIITTUUTTIIOONN
The various civil and political human rights and also the economic, social and cultural human rights have been guaranteed by the Constitution of India and re-christened as the “Fundamental Rights”.
The provisions of Part III of the Constitution (Articles 12 – 35) enshrine the Fundamental Rights, which are more elaborate than those of any other existing written constitutions dealing with Fundamental Rights. The constitution as amended by Forty fourth Amendment Act, 1979, classifies Fundamental Rights under the six categories. The fundamental rights are elaborated as follows:
Article 12 defines the “ State ” as- State includes the Government and Parliament of India and the Government and the Legislature of each of the States and all local or other authorities within the territory of India or under the control of the Government of India. ”
Article13 lays down certain restriction on violating fundamental right. The important significance of this provision lies in the fact that it makes explicit provision for judicial review of legislative enactments and executive actions as to their conformity with guaranteed fundamental rights.
Equality before law and equal protection of law (Article 14) Article 14 consists of two parts namely equality before law and equal protection of the laws. Equality before law means that no individual should be given any special privilege by the state. Equal protection of the laws means the right to equal treatment in equal circumstances. Equality before the law also means treating unequal unequally. For example, the Supreme Court has recommended that the ‘creamy layer’ of the Other Backward Classes’ (OBC) should not be given the benefit of reservation.
Prohibition of discrimination on ground of religion, race, caste, sex or place of birth (Article15) There are four aspects of this right mentioned in following Clauses of this Article.
RIGHT TO EQUALITY (ARTICLES 14 – 18)
Prohibition of discrimination [ Article15, Clause (1)]- This article prohibits the state from discrimination against any individual or group of individuals. The principle of non–discrimination is based on equality and dignity.
Access to public places [ Article15, Clause (2) ]- This right provides that no citizen can be denied access to public places, places of entertainment or the use of wells, tanks, and roads that are maintained out of State funds.
3. Protective laws for women and children [ Article15, Clause (3) ]- A positive discrimination for women and children is made in the Indian context. Thus provision for reservation for women, free education for children etc. is provided.
4. Reservation for backward classes [ Article15, Clause (4) ] The constitution recognizes the Scheduled Caste, Scheduled Tribes and Other Backward Classes as weaker sections of the population. It authorizes the state to make special provisions for the advancement of these sections of the society.
Equality of opportunity in matters of public Employment (Article16) The aim of article 16 of Indian Constitution is to provide equal opportunity to all citizens in employment offered by the state or its agencies. This article has five clauses
- Equality of opportunity [ Article 16, Clause (1)]- Wherein it is stated that equality of opportunity should be given to all citizens in matters relating to employment or appointment to any office under the state.
2. Prohibition of discrimination [ Article 16, Clause (2)] This clause prohibits discrimination on grounds only of religion, race, caste, sex, descent, and place of birth, residence or any of them in respect of any employment of the state.
3. Residential requirements [ Article 16, Clause (3) ] It allows the Parliament to make laws that require residential (domicile) requirements in a State for public employment or appointment.
4. Protective laws [ Article 16, Clause (4) ] This Clause allows the Parliament to make protective laws for appointment of backward classes of citizens who are not adequately represented in the services of the state.
5. Preference to certain persons in religious institutions [ Article 16, Clause (5) ] This clause prescribes that the Parliament can make laws which require only a person professing a particular religion to be appointed in a body or institution of that religion. For example, a Hindu can only be appointed as a priest in a Hindu temple.
Abolition of Untouchability (Article17) This is a unique article that has been incorporated only in the Constitution of India. Article 17 declares that not only Untouchability has been abolished but it also makes any practice and propagation of Untouchability in any form punishable in accordance with the law.
Abolition of Titles ( Article18 )
This Article prohibits traffic in human beings and ‘ begar ’ and other similar forms of forced labour. Article24- Prohibition of employment of children Article 24 of the constitution prohibits child labour. Children below fourteen years of age cannot be employed in any factory or mine or in any other hazardous employment.
Article25- Freedom of Conscience and Religion Article25 reflects the spirit of secularism and recognized freedom of religion to everyone in India.
Article26- Freedom to manage religious affairs It recognizes the right of every religious order to establish and maintain institutions for religious and charitable purposes and manage its own affairs in matters of religion.
Article27- Freedom as to payment of taxes for promotion of any particular religion The state shall not compel any person to pay any taxes for the promotion of maintenance of any particular religion or religious denomination.
Article28- Freedom to attend religious instruction in education Institution This article prohibits imposition of religious beliefs by educational institutions on those who are attending them.
Article29- Cultural right of the individual as well as of minorities This Article states that every section of the society has the right to conserve its distinct language, script or culture.
Article30- Right of minorities to establish and administer Educational institution The State cannot discriminate in granting aid to any educational institution on the ground that it is under the management of a religious or linguistic minority.
Article 32 provides for the Constitutional remedies, under which, one can move the Supreme Court for the enforcement of the Fundamental Rights and this provision itself is made one of the Fundamental rights.
RIGHT TO FREEDOM OF RELIGION
(ARTICLES 25 – 28 )
CULTURAL AND EDUCATIONAL RIGHTS
(ARTICLE 29)
RIGHT TO CONSTITUTIONAL REMEDIES (ARTICLE 32)
The United Nations (1945)
World War II had ranged from 1939 to 1945, and as the end drew near, cities throughout Europe and Asia lay in smouldering ruins. Millions of people died, millions more were homeless or starving. Russian forces were closing in on the remnants of German resistance in Germany’s bombed- out capital of Berlin.
On October 24, 1945 , in the aftermath of World War II, delegates from fifty countries met in San Francisco full of optimism and hope, and with the purpose of saving future generations from the devastation of international conflict. It was there when the United Nations came into being as an intergovernmental organization. The goal of the United Nations Conference on International Organization was to fashion an international body to promote peace and prevent future wars. The ideals of the organization were stated in the preamble to its proposed charter: “ We the people of the United Nations are determined to save succeeding generations from the scourge of war, which twice in our lifetime has brought untold sorrow to mankind. ” The Charter of the new United Nations organization went into effect on October 24, 1945, a date that is celebrated each year as United Nations Day.
The Charter of the United Nations established six principal bodies, including the General Assembly , the Security Council , the International Court of Justice , and in relation to human rights, an Economic and Social Council (ECOSOC).
The UN Charter empowered ECOSOC to establish “commissions in economic and social fields and for the promotion of human rights….” One of these was the United Nations Human Rights Commission , which, under the chairmanship of Eleanor Roosevelt, saw to the creation of the Universal Declaration of Human Rights.
The Declaration was drafted by representatives of all regions of the world and encompassed all legal traditions. Formally adopted by the United Nations on December 10, 1948, it is the most universal human rights document in existence, delineating the thirty fundamental rights that form the basis for a democratic society.
The Universal Declaration of Human Rights (1948)
By 1948, the United Nations’ new Human Rights Commission had captured the world’s attention. Under the dynamic chairmanship of Eleanor Roosevelt—President Franklin Roosevelt’s widow, a human rights champion in her own and the United States delegate to the UN—the Commission set out to draft the document that became the Universal Declaration of Human Rights. Roosevelt, credited with its inspiration, referred to the Declaration as the international Magna Carta for all mankind. It was adopted by the United Nations on December 10, 1948.
The Member States of the United Nations pledged to work together to promote the thirty Articles of human rights that, for the first time in history, had been assembled and codified into a single document called “the universal declaration of human rights”. In consequence, many of these rights, in various forms, are today a part of the constitutional laws of democratic nations.
CLASSIFICATION OF HUMAN RIGHTS
UNITED NATIONS AND HUMAN RIGHTS
part in the government of one’s country and the right to vote and stand for election at genuine periodic elections held by secret ballot.
Economic and social rights The economic and social rights are listed in Articles 22 to 26 UDHR , and further developed and set out as binding treaty norms in the ICESCR. These rights provide the conditions necessary for prosperity and wellbeing. Economic rights refer, for example, to the right to property, the right to work, which one freely chooses or accepts, the right to a fair wage, a reasonable limitation of working hours, and trade union rights. Social rights are those rights necessary for an adequate standard of living, including rights to health, shelter, food, social care, and the right to education (see Articles 6 to 14 ICESCR).
Cultural rights The UDHR lists cultural rights in Articles 27 and 28 - the right to participate freely in the cultural life of the community, the right to share in scientific advancement and the right to the protection of the moral and material interests resulting from any scientific, literary or artistic production of which one is the author (see also Article 15 ICESCR and Article 27 ICCPR).
The alleged dichotomy between civil and political rights, and economic, social and cultural rights
Traditionally it has been argued that there are fundamental differences between economic, social and cultural rights, and civil and political rights. These two categories of rights have been seen as two different concepts and their differences have been characterised as a dichotomy.
According to this view, civil and political rights are considered to be expressed in very precise language, imposing merely negative obligations which do not require resources for their implementation, and which therefore can be applied immediately. On the other hand, economic, social and cultural rights are considered to be expressed in vague terms, imposing only positive obligations conditional on the existence of resources and therefore involving a progressive realisation.
As a consequence of these alleged differences, it has been argued that civil and political rights are justiciable whereas economic, social and cultural rights are not. In other words, this view holds that only violations of civil and political rights can be adjudicated by judicial or similar bodies, while economic, social and cultural rights are ‘by their nature’ non-justiciable.
Over the years, economic, social and cultural rights have been re-examined and their juridical validity and applicability have been increasingly stressed. During the last decade, we have witnessed the development of a large and growing body of case-law of domestic courts concerning economic, social and cultural rights. This case-law, at the national and international level, suggests a potential role for creative and sensitive decisions of judicial and quasi-judicial bodies with respect to these rights.
Many international forums have elaborated on the indivisibility and interdependency of human rights. As stated in the 1993 Vienna Declaration and Programme of Action : ‘ All human rights are universal, indivisible and interdependent and interrelated. The international community must treat human rights globally in a fair and equal manner, on the same footing, and with the same emphasis. ’
The European Union (EU) and its member states have also made it clear on numerous occasions that they subscribe to the view that both categories of human rights are of equal importance, in the sense that an existence worthy of human dignity is only possible if both civil and political rights and economic, social and cultural rights are enjoyed. The adoption of the Optional Protocol on the 60th anniversary of the UDHR, on 10 December 2008 , represents an historic advance for human rights. Firstly , economic, social and cultural rights - historically demoted to an inferior status with limited protection - are now finally on an equal footing with civil and political rights. Secondly , through an individual complaints procedure the meaning and scope of these rights will become more precise, facilitating efforts to respect and guarantee their enjoyment. Thirdly , the existence of a potential ‘remedy’ at the international level will provide an incentive to individuals and groups to formulate some of their economic and social claims in terms of rights. Finally , the possibility of an adverse ‘finding’ of the Committee on Economic, Social and Cultural Rights will give economic, social and cultural rights salience in terms of the political concerns of governments; which these rights largely lack at present.
3. FUNDAMENTAL AND BASIC RIGHTS
Fundamental rights are taken to mean such rights as the right to life and the inviolability of the person. Within the UN, extensive standards have been developed which, particularly since the 1960s, have been laid down in numerous conventions, declarations and resolutions, and which bring already recognised rights and matters of policy which affect human development into the sphere of human rights. Concern that a broad definition of human rights may lead to the notion of ‘violation of human rights’ losing some of its significance has generated a need to distinguish a separate group within the broad category of human rights. Increasingly, the terms ‘elementary’, ‘essential’, ‘core’ and ‘fundamental’ human rights are being used. Another approach is to distinguish a number of ‘basic rights’, which should be given absolute priority in national and international policy. These include all the rights which concern people’s primary material and non-material needs. If these are not provided, no human being can lead a dignified existence. Basic rights include the right to life, the right to a minimum level of security, the inviolability of the person, freedom from slavery and servitude, and freedom from torture, unlawful deprivation of liberty, discrimination and other acts which impinge on human dignity. They also include freedom of thought, conscience and religion, as well as the right to suitable nutrition, clothing, shelter and medical care, and other essentials crucial to physical and mental health.
4. OTHER CLASSIFICATIONS
Freedoms Preconditions for a dignified human existence have often been described in terms of freedoms ( e.g ., freedom of movement, freedom from torture and freedom from arbitrary arrest). United States President Franklin D. Roosevelt summarised these preconditions in his famous ‘ Four Freedoms Speech ’ to the United States Congress on 26 January 1941: Freedom of speech and expression; Freedom of belief (the right of every person to worship God in his own way); Freedom from want (economic understandings which will secure to every nation a healthy peace-time life for its inhabitants); and Freedom from fear (world-wide reduction of armaments to such a point and in such a thorough fashion that no nation would be able to commit an act of physical aggression against any neighbour).
Types of state duties imposed by all human rights treaties: The tripartite typology The early 1980s gave rise to a useful definition of the obligations imposed by human rights treaties, which blurred the sharp dichotomy between economic, social and cultural rights, and civil and political rights.
Specifically, in 1980, Henry Shue proposed that for every basic right (civil, political, economic, social and cultural) there are three types of correlative obligations- ‘to avoid depriving’, ‘to protect from deprivation’ and ‘to aid the deprived.’
Since Shue’s proposal was published, the ‘tripartite typology’ has evolved and scholars have developed typologies containing more than three levels. While there is no consensus on the precise meaning of the different levels, the ‘tripartite typology’ presented by Shue is known today in more concise terms as the obligations ‘ to respect ’, ‘ to protect ’, and ‘ to fulfil ’.
Obligations to respect : In general, this level of obligation requires the state to refrain from any measure that may deprive individuals of the enjoyment of their rights or of the ability to satisfy those rights by their own efforts.
Obligations to protect : This level of obligation requires the state to prevent violations of human rights by third parties. The obligation to protect is normally taken to be a central function of states, which have to prevent irreparable harm from being inflicted upon members of society. This requires states: (a) to prevent violations of rights by any individual or non-state actor; (b) to avoid and eliminate incentives to violate rights by third parties; and (c) to provide access to legal remedies when violations have occurred in order to prevent further deprivations.
Obligations to fulfil : This level of obligation requires the state to take measures to ensure, for persons within its jurisdiction, opportunities to obtain satisfaction of the basic needs as recognised in human rights instruments, which cannot be secured by personal efforts. Although this is the key state obligation in relation to economic, social and cultural rights, the duty to fulfil also arises in respect to civil and political rights. It is clear that enforcing, for instance, the prohibition of torture (which requires, for example, police training and preventive measures), the right to a fair trial (which requires investments in courts and judges), the right of free and fair elections or the right to legal assistance, entails considerable cost.
On 10 December 1948 , the General Assembly of the United Nations adopted and proclaimed the Universal Declaration of Human Rights. The General Assembly called upon all Member countries to publicize the text of the Declaration and “to cause it to be disseminated, displayed, read and expounded principally in schools and other educational institutions, without distinction based on the political status of countries or territories.” The Universal Declaration of Human Rights is the cornerstone for modern day human rights within the framework of the United Nations.
Contents of the UDHR The general explanation of human rights states that civil, political and social rights belong to human beings in order to preserve one’s dignity. The Declaration consists of thirty articles which have been elaborated in subsequent international treaties, regional human rights instruments, national constitutions, and other laws. These 30 Articles of the Universal Declaration of Human Rights guarantees protection of the person, of procedural law (claim of effective legal remedy), classical freedom rights such as freedom of expression, as well as economical, social and cultural rights. These rights should apply to all people irrespectively of their race, gender and nationality, as all people are born free and equal.
INTERNATIONAL BILL OF HUMAN RIGHTS
INTERNATIONAL COVENANT
ON ECONOMIC, SOCIAL AND
CULTURAL RIGHTS
INTERNATIONAL
COVENANT ON CIVIL AND
POLITICAL RIGHTS
UNIVERSAL DECLARATION OF HUMAN RIGHTS
Article 2 Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. Furthermore, no distinction shall be made on the basis of the political, jurisdictional or international status of the country or territory to which a person belongs, whether it be independent, trust, non-self-governing or under any other limitation of sovereignty.
Article 3 Everyone has the right to life, liberty and security of person.
Article 4 No one shall be held in slavery or servitude; slavery and the slave trade shall be prohibited in all their forms.
Article 5 No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.
Article 6 Everyone has the right to recognition everywhere as a person before the law.
Article 7 All are equal before the law and are entitled without any discrimination to equal protection of the law. All are entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination.
Article 8 Everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the constitution or by law.
Article 9 No one shall be subjected to arbitrary arrest, detention or exile.
Article 10 Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of his rights and obligations and of any criminal charge against him.
Article 11 (1) Everyone charged with a penal offence has the right to be presumed innocent until proved guilty according to law in a public trial at which he has had all the guarantees necessary for his defence. (2) No one shall be held guilty of any penal offence on account of any act or omission which did not constitute a penal offence, under national or international law, at the time when it was committed. Nor shall a heavier penalty be imposed than the one that was applicable at the time the penal offence was committed.
Article 12 No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, or to attacks upon his honour and reputation. Everyone has the right to the protection of the law against such interference or attacks.
Article 13 (1) Everyone has the right to freedom of movement and residence within the borders of each state. (2) Everyone has the right to leave any country, including his own, and to return to his country.
Article 14 (1) Everyone has the right to seek and to enjoy in other countries asylum from persecution. (2) This right may not be invoked in the case of prosecutions genuinely arising from non-political crimes or from acts contrary to the purposes and principles of the United Nations.
Article 15 (1) Everyone has the right to a nationality. (2) No one shall be arbitrarily deprived of his nationality nor denied the right to change his nationality.
Article 16 (1) Men and women of full age, without any limitation due to race, nationality or religion, have the right to marry and to found a family. They are entitled to equal rights as to marriage, during marriage and at its dissolution. (2) Marriage shall be entered into only with the free and full consent of the intending spouses. (3) The family is the natural and fundamental group unit of society and is entitled to protection by society and the State.
Article 17 (1) Everyone has the right to own property alone as well as in association with others. (2) No one shall be arbitrarily deprived of his property.
Article 18 Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship and observance.
Article 19 Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.
Article 20 (1) Everyone has the right to freedom of peaceful assembly and association. (2) No one may be compelled to belong to an association.
Article 21 (1) Everyone has the right to take part in the government of his country, directly or through freely chosen representatives. (2) Everyone has the right of equal access to public service in his country. (3) The will of the people shall be the basis of the authority of government; this will shall be expressed in periodic and genuine elections which shall be by universal and equal suffrage and shall be held by secret vote or by equivalent free voting procedures.
Article 22 Everyone, as a member of society, has the right to social security and is entitled to realization, through national effort and international co-operation and in accordance with the organization and resources of each State, of the economic, social and cultural rights indispensable for his dignity and the free development of his personality.
Article 23 (1) Everyone has the right to work, to free choice of employment, to just and favourable conditions of work and to protection against unemployment. (2) Everyone, without any discrimination, has the right to equal pay for equal work.
