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CITIZENSHIP EDUCATION (Human Rights)

READING MATERIAL

BS ENGLISH (LITERATURE)

YEAR II

SEMESTER IV

COURSE CODE: HR-213

CREDIT HOURS: 03

341107-GOVT. GRADUATE COLLEGE WOMEN GUJRANWALA CITY

Course Leader and Instructor: Ms. Mahama Munir Ahmad

Email address: [email protected]

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Aims:
The major aims of this course should be to:

1. Promote human values, in particular religious tolerance for others

2. Promote HR, in particular those of the minorities and ethnic groups
3. Develop a cross-cultural understanding, to recognize the value of difference
4. Introduce the concept of good neighborhood and global citizenship, to accept sociocultural
harmony
5. Relate human progress through a sense of diversity

Contents:
Preferably, as required by the various universities and their interdisciplinary programs, however as a
suggestion the following topics are considered relevant in our context:

1. What are Human Rights (HR)?

2. Evolution of the Concept of HR
3. Four Fundamentals in HR: freedom, equality, justice, and human dignity
4. Universal Declaration of HR
5. Three Key Principles in HR: inalienability, indivisibility and universality
6. Are HR Universal? (debate/ discussion etc)
7. HR in South Asia: Issues
8. Rights of Women
9. Rights of Children (debate/ discussion on child labor, etc)
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Past Paper Question Bank

1. Mention and explain 4 fundamental rights
2. Explain any one principle of human rights
3. Argue briefly supporting to UDHR
4. Explain Universality of Human Rights
5. Discuss in detail state of Human Rights in South Asia
6. Describe and discuss Human Rights as concept and claim in current era
7. Mention any 2 women rights
8. Mention core international instruments for protection of women rights
9. When UDHR has been approved by UNO
10. Discuss the situation of women’s rights in South Asia
11. Is it possible to achieve unity in diversity ( humans can be united in spite of being diverse) by
implementing UDHR, explain why/ why not?
12. Explain principle of universality
13. Describe the why, the UN adopted Protocol II to Civil and Political rights abolishing death
penalty in article 3 (right to life, liberty and security)
14. Article 4 deals with what type of issue
15. Explain the prohibition of arbitrary arrest
16. What could be benefit of right to privacy
17. What right has been provided under Article 14, Explain?
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Course Goals & Objectives:

Goal no 1: What are Human Rights (HR)?

Objective no 1: Western Philosophy of Human Rights

Objective no 2: Islamic concept of Human Rights

Goal no 2: Evolution of the Concept of HR

Objective no 1: Western perspective of evolution of HR from Magna Carta 1215 to formation of UN

Objective no 2: Islamic insight on evolution of HR in the light of Farwell Sermon, a first charter of HR
in history of mankind

Goal no 3: Four Fundamentals in HR: freedom, equality, justice, and human dignity

Objective no 1: Freedom

Objective no 2: Equality

Objective no 3: Justice

Objective no 4: Human Dignity

Goal no 4: Universal Declaration of HR

Objective no 1: Article 1 to Article 10

Objective no 2: Article 11 to Article 20

Objective no 3: Article 21 to Article 30

Goal no 5: Three Key Principles in HR: inalienability, indivisibility and universality

Objective no 1: Deciphering Inalienability

Objective no 2: Deciphering Indivisibility

Objective no 3: Deciphering Universality

Goal no 6: Are HR Universal? (debate/ discussion etc)

Goal no 7: HR in South Asia: Issues

Goal no 8: Rights of Women

Goal no 9: Rights of Children (debate/ discussion on child labor, etc)

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What are human rights?

To deny people their human rights is to challenge their
very humanity.

Nelson Mandela

Human rights are standards that recognize and protect the dignity of
all human beings. Human rights govern how individual human beings
live in society and with each other, as well as their relationship with
the State and the obligations that the State have towards them.

Human rights law obliges governments to do some things, and

prevents them from doing others. Individuals also have
responsibilities: in using their human rights, they must respect the
rights of others. No government, group or individual person has the
right to do anything that violates another’s rights.

Human Rights are rights to which people are entitled by

virtue of being human, they are a modern and secular version
of "natural rights".

Andrew Heywood

Characteristics of Human Rights

1. Universality and inalienability
Human rights are universal and inalienable. All people everywhere in
the world are entitled to them. No one can voluntarily give them up.
Nor can others take them away from him or her.
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Human Rights are not a privilege conferred by government. They are

every human being’s entitlement by virtue of his humanity.

Mother Teresa

2. Indivisibility
Human rights are indivisible. Whether civil, political, economic, social
or cultural in nature, they are all inherent to the dignity of every human
person. Consequently, they all have equal status as rights. There is
no such thing as a 'small' right. There is no hierarchy of human rights.

3. Inter-dependence and inter-relatedness

The realization of one right often depends, wholly or in part, upon the
realization of others. For instance, the realization of the right to health
may depend on the realization of the right to education or of the right
to information.

4. Equality and non-discrimination

All individuals are equal as human beings and by virtue of the inherent
dignity of each human person. All human beings are entitled to their
human rights without discrimination of any kind, such as race, color,
sex, ethnicity, age, language, religion, political or other opinion,
national or social origin, disability, property, birth or other status as
explained by the human rights treaty bodies.

5. Participation and inclusion

Every person and all peoples are entitled to active, free and
meaningful participation in, contribution to, and enjoyment of civil,
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political, economic, social and cultural development, through which

human rights and fundamental freedoms can be realized.

6. Accountability and rule of law

States and other duty-bearers must comply with the legal norms and
standards enshrined in human rights instruments. Where they fail to
do so, aggrieved rights-holders are entitled to institute proceedings for
appropriate redress before a competent court or other adjudicator, in
accordance with the rules and procedures provided by law.

Key Takeaways on Human Rights

 Human rights are rights that we have simply because we exist

as human beings.
 These are universal rights inherent to all of us, regardless of
nationality, sex, national or ethnic origin, color, religion, language
or any other status.
 They range from the most fundamental, the right to life to those
that make life worth living, such as the rights to food,
education, work, health, and liberty.
 World Human Rights Day is observed by the international
community every year on 10th December.
o It commemorates the day in 1948 the United Nations (UN)
General Assembly adopted the Universal Declaration of
Human Rights (UDHR). UDHR is a part of the International
Bill of Human Rights.
 Headquartered in Geneva, with many regional offices, the Office
of the High Commissioner for Human Rights has lead
responsibility in the UN system for the promotion and protection of
human rights.
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What is the International Bill of Human Rights?

 Following the second world war (1939-45), a series of
declarations and covenants began to articulate universal human
rights.
 In 1948, for the first time, countries agreed on a comprehensive
list of inalienable human rights.
 In December of that year, the United Nations General
Assembly adopted the Universal Declaration of Human Rights
(UDHR), a milestone that would profoundly influence the
development of international human rights law.
o 30 articles of UDHR provide the principles and building blocks
of current and future human rights conventions, treaties and
other legal instruments.
 In December 1966, the UN General Assembly adopted two
international treaties that would further shape international
human rights:
o The International Covenant on Economic Social and
Cultural Rights (ICESCR) which is monitored by
the Committee on Economic, Social and Cultural Rights.
o The International Covenant on Civil and Political Rights
(ICCPR)- monitored by the Human Rights Committee.
 These are often referred to as “the International Covenants”.
 The UDHR and these two Covenants together are known as
the International Bill of Human Rights.
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Evolution of human rights

"All rights are universal, indivisible and interdependent and interrelated."

Vienna Declaration, 1993

“Human rights” are rights inherent to all human beings, regardless of our nationality,
residence, sex, sexual orientation and gender identity, national or ethnic origin, color,
religion, language or any other status. We are all equally entitled to our human rights
without discrimination.
This is the modern concept of our fundamental rights but it was not always this way. The
belief that everyone, by virtue of her or his humanity, is entitled to certain human
rights is fairly new and is something stemming from an evolution of the
consideration of human dignity over the last centuries. Its roots lie in earlier tradition
and documents of many cultures.

1. The origins of Human Rights are ideally pinpointed to the year 539 BC. When
the troops of Cyrus the Great conquered Babylon. Cyrus freed the slaves,
declared that all people had the right to choose their own religion, and
established racial equality. These and other principles were recorded on a baked-
clay cylinder known as the Cyrus Cylinder, whose provisions served as
inspiration for the first four Articles of the Universal Declaration of Human
Rights.
2. Another cornerstone in Human Rights History is represented by the
promulgation of the Magna Charta in 1215 which introduced a raw concept of
“Rule of Law” and the basic idea of defined rights and liberties to all
persons, which offers protection from arbitrary prosecution and
incarceration. Before the Magna Charta, the rule of law, now considered as a
key principle for good governance in any modern democratic society, was
perceived as a divine justice, solely distributed by the monarch or the king or, in
this case, King John of England.
3. An evolution of the concepts expressed by the Magna Carta is represented by
the English Bill of Rights. It was an act signed into law in 1689 by William III
and Mary II, who became co-rulers in England after the overthrow of King James
II. The bill outlined specific constitutional and civil rights and ultimately gave
Parliament power over the monarchy. Many experts regard the English Bill of
Rights as the primary law that set the stage for a constitutional monarchy in
England. It’s also credited as being an inspiration for the U.S. Bill of Rights
(1791).
4. The Declaration of the Rights of Man and of the Citizen, adopted in 1789,
by France’s National Assembly , represents one of the basic charters of
human liberties, containing the principles that inspired the French Revolution.
5. The basic value introduced by the Declaration was that all “men are born
and remain free and equal in rights”, which were specified as the rights of
liberty, private property, the inviolability of the person, and resistance to
oppression.
6. All citizens were equal before the law and were to have the right to
participate in legislation directly or indirectly;
7. No one was to be arrested without a judicial order.
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8. Freedom of religion and freedom of speech were safeguarded within the

bounds of public “order” and “law”.
9. Private property was given the status of an inviolable right, which could
be taken by the state only if an indemnity were given and offices and positions
were opened to all citizens.
First generation rights based on theme of liberty
It is in this historical period that the concept, mostly based on political concerns, of
Civil and Political Rights was defined. These rights, also known as first generation
rights, recognise the existence of certain things that the all-powerful rulers should not be
able to do and that people should have some influence over the policies affecting them.
The two central ideas were those of personal liberty, and of protecting the
individuals against violations by the State. They serve negatively to protect the
individual from excesses of the State.
The steps forward made since the time of Cyrus were impressive, yet still many of these
concepts, when originally translated into policies, excluded women, people of color, and
members of certain social, religious, economic, and political groups.
Prime examples to overcome this situation are represented by the efforts in the 19th and
early 20th centuries to prohibit the slave trade and to limit the horrors of war.
Significant is the adoption of the first three Geneva Conventions and the Hague
Conventions expressing the deep concern of the public opinion to promote a
respect of a basic level of Human dignity of individuals even in wartime and
posing the foundations of modern International Humanitarian Law. The concerns
over the protection of certain minority groups, which were raised by the League of
Nations at the end of the First World War, and the establishment of the International
Labor Organization (ILO) to oversee treaties protecting workers with respect to
their rights, including their health and safety, manifest the increased positive attitude
toward the recognition of the importance of Human Rights as we know them today.
The time for a revolution and a deep progress in the protection and promotion of human
dignity was ripe.
1. Eventually, it took the catalyst of World War II to propel human rights onto
the global stage and into the global conscience. The unprecedented
cruelties perpetrated during the conflict and outside it such as the
extermination by Nazi Germany of over six million Jews, Sinti and Romani
(gypsies), homosexuals, and persons with disabilities horrified the world.
The idea of human rights thus emerged even stronger than ever after World War
II.
2. The Trials held in Nuremberg and Tokyo after World War II, introduced the
rather new concepts of "crimes against peace," and "crimes against
humanity."
3. Governments then committed themselves to establishing the United Nations,
with the primary goal of bolstering international peace and preventing conflict.
People wanted to ensure that never again would anyone be unjustly denied life,
freedom, food, shelter, and nationality.
4. It was the 1945 and the fifty founding members of the United Nations stated,
in the preamble of the UN Charter, that they were determined to save
succeeding generations from the scourge of war, which twice in our lifetime
has brought untold sorrow to mankind, to reaffirm faith in fundamental human
rights, in the dignity and worth of the human person, in the equal rights of men
and women and of nations large and small, and to establish conditions under
which justice and respect for the obligations arising from treaties and other
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sources of international law can be maintained in order to promote social

progress and better standards of life in larger freedom.
5. In the first article of the same Charter, Member states pledged “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.”
6. A strong political commitment was set and to advance on these goals, a
Commission on Human Rights was immediately established and charged with the
task of drafting a document spelling out the meaning of the fundamental rights
and freedoms proclaimed in the Charter. Three years later, The Commission,
guided by Eleanor Roosevelt’s forceful leadership, captured the world’s
attention, drafting the 30 articles that now make up the Universal
Declaration of Human Rights.
The Declaration was presented to the world, acting for the first time as a
recognized and internationally accepted charter, whose first article states that “All
human beings are born free and equal in dignity and rights. They are endowed
with reason and conscience and should act towards one another in a spirit of
brotherhood."
The UDHR, although not legally binding, introduces the concept that how a
government treats its own citizens is now a matter of legitimate international concern,
and not simply a domestic issue, and that the exercise of a person's rights and
freedoms may be subject to certain limitations, which must be determined by law, solely
for the purpose of securing due recognition of the rights and freedoms of others and of
meeting the just requirements of morality, public order and the general welfare in a
democratic society.
 Its Preamble eloquently asserts that: recognition of the inherent dignity and
of the equal and inalienable rights of all members of the human family is
the foundation of freedom, justice, and peace in the world.
Second generation rights based on theme of equality
 It restates the already identified civil and political rights and introduces the so-
called second generation rights, fundamentally economic, social, and cultural in
nature, furthermore claiming that all rights are interdependent and indivisible.
The message was clear and powerful, the realization of one Right is linked to the
realization of the others. 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. Similarly, the deprivation of one right
hampers the improvement and enjoyment of the others.
The influence of the UDHR has been substantial and together with the International
Covenants on Economic, Social and Cultural Rights and on Civil and Political Rights it
constitutes the so defined “International Bill of Rights” that lays down the obligations of
Governments to act in certain ways or to refrain from specific acts, in order to promote
and protect human rights and fundamental freedoms of individuals or groups.
Its principles, by now, have been incorporated into the Constitutions of almost all the UN
members and has achieved the status of customary international law regarded as a
common standard of achievement for all people and all nations.
Human Rights have continued to evolve and, since its foundation, the United Nations
has adopted more than 20 principal treaties including conventions to prevent and
prohibit specific abuses like torture and genocide and to protect particularly vulnerable
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populations, such as refugees (Convention Relating to the Status of Refugees, 1951),

women (Convention on the Elimination of All Forms of Discrimination against Women,
1979), and children (Convention on the Rights of the Child, 1989).
A multitude of other treaties and documents have clarified and further developed some
of the basic concepts that were laid down in the original UDHR, thus envisaging new
generations of rights. These additions have been a result of a number of factors, partly
as a response to progressively modified ideas about human dignity, and partly as a
result of new emerging threats and opportunities. As far as for the specific new category
of rights, that have been proposed as third generation rights, these have been the
consequence of a deeper understanding of the different types of obstacles that may
stand in the way of realizing the first and second-generation rights. The idea at the
base of the third generation of rights is that of solidarity and collective rights
of society or peoples, such as the right to sustainable development, to peace
or to a healthy environment.
In much of the world, conditions such as extreme poverty, war, ecological and natural
disasters have meant that there has been only very limited progress in respect of human
rights. For that reason, people have felt necessary the recognition of a new category of
human rights.
Following emerging threats and opportunities, the so-called 4th generation rights,
linked to the recent fast technology development, represent the last discussed frontier of
Human Rights. A fusion of material, biological and digital technologies raises existential
questions about what it means to be human and how to protect human dignity.
Digitalization and “datification” of almost all human activities create new opportunities of
development but also new possibilities for human rights violations.
Fortunately, it is nowadays clear that what human dignity means, how to protect and
promote it, is a concept that, albeit rooted within the principles of the UDHR, is in
constant evolution in accordance with the new necessities. There is a need for a
comprehensive response and whilst the international community is still discussing about
4th generation rights it is my belief that there will be room, in the future, for the fifth and,
hopefully, for further generations of Human Rights.
Generations of Human Rights

Karel Vasak, a distinguished and very well-known human rights scholar,

introduced the idea of three generations of human rights, which allows
us to understand the types and evolution of human rights better.

1. The first generation of human rights is civil and political rights. It

includes
 right to life,
 the right to liberty,
 the right to property and have expanded to include:
 non-discrimination,
 freedom from arbitrary arrest,
 freedom of thought,
 freedom of religion,
 freedom of movement etc.
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These rights are often seen as a manifestation of negative rights since

they can be enjoyed only when there is a restriction upon others. The
key documents to understand the content of the first generation of
human rights are Article 3 to Article 21 of the UN Declaration and
the International Covenant of Civil and Political Rights of 1966
which came into force in 1976.

2. The second generation of human rights includes economic,

social and cultural rights
The second-generation rights include
 the right to work,
 the right to health care,
 the right to education,
 the right to social security etc.

Therefore, these rights are seen as a manifestation of positive rights as

they place a claim on the state and a duty to oblige for action, for example,
welfare provisions. The key documents to understand the content of
second-generation rights are Article 22 to Article 27 of the UN
Declaration and the International Covenant of Economic, Social and
Cultural Rights of 1966.

3. The third generation of human rights are called solidarity rights.

 They are therefore seen as collective rights.
 The underlying theme of the third-generation rights
is fraternity.
 Usually, these rights are shaped by the difficulties faced by the
countries of the Global South.

These rights include

 the right to development,

 the right to environmental protection,
 the right to self-determination,
 the right to peace etc.

The Stockholm Convention of Human Environment of 1972 and the Earth

Summit of 1992 at Rio can be analysed to understand these rights.
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Universal
Declaration of
Human Rights
Preamble

Whereas recognition of the inherent dignity and of the equal and inalienable rights of all
members of the human family is the foundation of freedom, justice and peace in the
world,

Whereas disregard and contempt for human rights have resulted in barbarous acts which
have outraged the conscience of mankind, and the advent of a world in which human
beings shall enjoy freedom of speech and belief and freedom from fear and want has
been proclaimed as the highest aspiration of the common people,

Whereas it is essential, if man is not to be compelled to have recourse, as a last resort, to

rebellion against tyranny and oppression, that human rights should be protected by the
rule of law,

Whereas it is essential to promote the development of friendly relations between nations,

Whereas the peoples of the United Nations have in the Charter reaffirmed their faith in
fundamental human rights, in the dignity and worth of the human person and in the equal
rights of men and women and have determined to promote social progress and better
standards of life in larger freedom,

Whereas Member States have pledged themselves to achieve, in co-operation with the
United Nations, the promotion of universal respect for and observance of human rights
and fundamental freedoms,

Whereas a common understanding of these rights and freedoms is of the greatest

importance for the full realization of this pledge,

Now, therefore,

The General Assembly,

Proclaims this Universal Declaration of Human Rights as a common standard of

achievement for all peoples and all nations, to the end that every individual and every
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organ of society, keeping this Declaration constantly in mind, shall strive by teaching and
education to promote respect for these rights and freedoms and by progressive
measures, national and international, to secure their universal and effective recognition
and observance, both among the peoples of Member States themselves and among the
peoples of territories under their jurisdiction.

Article 1

All human beings are born free and equal in dignity and rights. They are endowed with
reason and conscience and should act towards one another in a spirit of brotherhood.

Article 2

Everyone is entitled to all the rights and freedoms set forth in this Declaration, without
distinction of any kind, such as race, colour, sex, language, religion, political or other
opinion, national or social origin, property, birth or other status. Furthermore, no
distinction shall be made on the basis of the political, jurisdictional or international status
of the country or territory to which a person belongs, whether it be independent, trust,
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.
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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, nor to attacks upon his honour and reputation. Everyone has the right
to the protection of the law against such interference or attacks.

Article 13

1. Everyone has the right to freedom of movement and residence within the borders of
each state.
2. Everyone has the right to leave any country, including his own, and to return to his
country.

Article 14

1. Everyone has the right to seek and to enjoy in other countries asylum from
persecution.
2. This right may not be invoked in the case of prosecutions genuinely arising from non-
political crimes or from acts contrary to the purposes and principles of the United
Nations.

Article 15

1. Everyone has the right to a nationality.

2. No one shall be arbitrarily deprived of his nationality nor denied the right to change
his nationality.
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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.
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Article 23

1. Everyone has the right to work, to free choice of employment, to just and favourable
conditions of work and to protection against unemployment.
2. Everyone, without any discrimination, has the right to equal pay for equal work.
3. Everyone who works has the right to just and favourable remuneration ensuring for
himself and his family an existence worthy of human dignity, and supplemented, if
necessary, by other means of social protection.
4. Everyone has the right to form and to join trade unions for the protection of his
interests.

Article 24

Everyone has the right to rest and leisure, including reasonable limitation of working
hours and periodic holidays with pay.

Article 25

1. Everyone has the right to a standard of living adequate for the health and well-being
of himself and of his family, including food, clothing, housing and medical care and
necessary social services, and the right to security in the event of unemployment,
sickness, disability, widowhood, old age or other lack of livelihood in circumstances
beyond his control.
2. Motherhood and childhood are entitled to special care and assistance. All children,
whether born in or out of wedlock, shall enjoy the same social protection.

Article 26

1. Everyone has the right to education. Education shall be free, at least in the
elementary and fundamental stages. Elementary education shall be compulsory.
Technical and professional education shall be made generally available and higher
education shall be equally accessible to all on the basis of merit.
2. Education shall be directed to the full development of the human personality and to
the strengthening of respect for human rights and fundamental freedoms. It shall
promote understanding, tolerance and friendship among all nations, racial or religious
groups, and shall further the activities of the United Nations for the maintenance of
peace.
3. Parents have a prior right to choose the kind of education that shall be given to their
children.

Article 27

1. Everyone has the right freely to participate in the cultural life of the community, to
enjoy the arts and to share in scientific advancement and its benefits.
2. Everyone has the right to the protection of the moral and material interests resulting
from any scientific, literary or artistic production of which he is the author.

Article 28

Everyone is entitled to a social and international order in which the rights and freedoms
set forth in this Declaration can be fully realized.
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Article 29

1. Everyone has duties to the community in which alone the free and full development
of his personality is possible.
2. In the exercise of his rights and freedoms, everyone shall be subject only to such
limitations as are determined by law solely for the purpose of securing due
recognition and respect for the rights and freedoms of others and of meeting the just
requirements of morality, public order and the general welfare in a democratic
society.
3. These rights and freedoms may in no case be exercised contrary to the purposes
and principles of the United Nations.

Article 30

Nothing in this Declaration may be interpreted as implying for any State, group or person
any right to engage in any activity or to perform any act aimed at the destruction of any of
the rights and freedoms set forth herein.
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Human Rights in Islam and the West

Introduction
Human rights are the necessary corollary to the notion of human dignity. The acceptance of the
notion of human dignity entails the recognition of certain human rights that are universal, indivisible
and inalienable. It is an obligation on all muslims and non-muslims to respect each other and make a
commitment not to violate them.

Human rights are those rights that are inherent by virtue of being human, enjoyed by all irrespective
of class, caste, creed, sex. However, there is a basic difference between human rights as recognized
by Islam and those recognized by the West.

The Islamic concept of Human Righs

This is an old concept, as old as Islam itself and is known as ‘huqooq-ul-ibad’. Human rights have
been granted by Allah by virtue of the dignity and honour of mankind. Source of human rights is
Allah, (quran through wahi and sunnah). These rights were given to muslims 1400 years ago, during
the last sermon of the Holy Prophet and hence have a divine origin.

The western concept of Human Rights

Western scholars have a habit of attributing all good things in the history to themselves and acting
as if had it not been for them, the world would still be in darkness. They claim that the foundation of
human rights stems from the ‘magna cart’ of Britain, but they don’t realize that:

1. Magna carta came into existence 600 years after the advent of Islam
2. It was not the objective of the writers of the magna carta to grant freedom and rights to all;
even the people did not know at that time that the charter contained such rights

Islamic Claims to Human Rights

According to Islam, human rights are natural, inborn and inherent by virture of human dignity and
honour. Islam gave human rights to all people at once, and not in phases, irrespective of caste, class,
gender etc. These have a divine origin and do not discriminate between anybody.

1. Human rights in light of the UDHR 1948: The UDHR was signed after the 2nd world war and
after colonialism was retreating and HR abuses by colonial powers were being made visible.
Hence, to regulate individual and collective action, human rights were classified by the UN
and these included: right to liberty and security, right to privacy, right to religiosity, right to
fair trial and justice, right to life speech and association, right to freedom etc.
2. Human rights in light of the last sermon of the holy prophet: The farewell pilgrimage and
the subsequent last sermon of the holy prophet in maidan-e-arafat denotes the afat
completion of the Prophet’s prophetic career (9th zil haj, 10 AH). The charter of human
rights was laid down in the sermon, and the world has yet to come up with such a document
 22

of morality and ethics which are so complete, fresh and perfect. In the sermon, the Prophet
emphasized: equality, liberty, no compulsion in religion, economic rights, political rights,
justice for all, divine rights, rights of men women slaves etc.

Comparison of Human Rights in UDHR with those in the Prophet’s Last

Sermon
1. According to ancient point of view: Last sermon was 14 centuries old, it is thorough and
profound. Whereas, the western HRs date back to the magna carta of 1215 AD (600 years
after advent of Islam) and the UDHR was signed in 1948 - both do not put forward anything
new which wasn’t already mentioned in Prophet’s sermon.

2. According to practical and enforcement point of view: Human rights in Islam are more
enforceable and practical because they do not conflict with each other, are in line with each
other. The Islamic state can enforce these rights. Whereas in the west, there are no moral
sanctions - this is why the UN couldn’t do anything to prevent HR abuses in Iraq, Abu
Ghuraib, Guantanamo Bay etc.

3. According to depth and universality point of view: Human rights as propagated by Islam
entail a lot of depth and universality, whereas UDHR only applies to those states that are
signatories to the UN. Whereas the last sermon applies to all of humanity, both muslims and
non-muslims.

4. According to security and guarantee point of view: Human rights as articulated by Islam
ensure security and guarantee of mankind because they have been given directly by Allah
who is the protector of mankind. They cannot be changed and are eternal, unlike the UDHR.

5. According to balancing and clash point of view: Human rights in Islam do not clash with each
other, and contain both rights and duties that are in line with each other. They give limited,
not unlimited, freedom, as long as you do not infringe upon the rights of others. Whereas in
the UDHR and the western conception of human rights, there is confusion regarding where
freedom of man ends.

6. UDHR does not have a balance between rights and duties. It is changeable, it is not
universal. Whereas the Islamic concept of rights is not changeable because it is divine law
and was conceived at a time when nobody could even think of a concept close to human
rights.
 23

Principles of Human Rights

On 10 December 1948 the United Nations General Assembly
adopted the Universal Declaration of Human Rights (UDHR). This
declaration was an effort to ensure that the abuses and atrocities
against human dignity – such as those perpetrated by the Nazis –
would never take place again. Human rights are universal, inherent
to every individual without discrimination; inalienable, meaning that
no one can take them away; indivisible and interrelated, with all
rights having equal status and being necessary to protect human
dignity.

Human rights are universal and inalienable; indivisible; interdependent and

interrelated. They are universal because everyone is born with and
possesses the same rights, regardless of where they live, their gender or
race, or their religious, cultural or ethnic background. Inalienable because
people’s rights can never be taken away. Indivisible and interdependent
because all rights – political, civil, social, cultural and economic – are equal
in importance and none can be fully enjoyed without the others. They apply
to all equally, and all have the right to participate in decisions that affect
their lives. They are upheld by the rule of law and strengthened through
legitimate claims for duty-bearers to be accountable to international
standards.

Universality and Inalienability: Human rights

are universal and inalienable. All people everywhere in the world are
entitled to them. The universality of human rights is encompassed in the
words of Article 1 of the Universal Declaration of Human Rights: “All human
beings are born free and equal in dignity and rights.”

Indivisibility: Human rights are indivisible. Whether they relate to civil,

cultural, economic, political or social issues, human rights are inherent to
the dignity of every human person. Consequently, all human rights have
equal status, and cannot be positioned in a hierarchical order. Denial of
one right invariably impedes enjoyment of other rights. Thus, the right of
everyone to an adequate standard of living cannot be compromised at the
expense of other rights, such as the right to health or the right to education.

Interdependence and Interrelatedness: Human rights

are interdependent and interrelated. Each one contributes to the realization
of a person’s human dignity through the satisfaction of his or her
developmental, physical, psychological and spiritual needs. The fulfilment
 24

of one right often depends, wholly or in part, upon the fulfilment of others.
For instance, fulfilment of the right to health may depend, in certain
circumstances, on fulfilment of the right to development, to education or to
information.
 25

Are Human Rights

Universal?
Author: Navanethem Pillay
Navanethem Pillay is the United Nations High Commissioner for Human Rights

On 10 December 2008, the United Nations led worldwide celebrations to

commemorate the sixtieth anniversary of the Universal Declaration of Human
Rights. Six decades ago, the international community affirmed that the strength of
shared ideas and a common vision of respectful and peaceful coexistence could
prevail over brutality, hatred and destruction.

Having risen from the sorrow and shame of atrocities perpetrated in the course of
the Second World War, the Declaration represented, and continues to represent,
one of humanity's most shining achievements. It enshrines the hope for a better
world, where aspirations to freedom and well-being converge. The framers of the
Declaration, who came from diverse countries and cultures, ultimately succeeded
in delivering the first universal articulation of human rights and entitlements that
make dignity, justice and equality possible for everyone everywhere.

The Universal Declaration envisaged a world in which every man, woman and child
lives free from hunger and is protected from oppression, violence and
discrimination, with benefits of housing, health care, education and opportunity.
This encapsulates the global culture of human rights that we strive towards, and
should therefore be a unifying rather than a divisive force within and among all
cultures.

Stemming from the formidable intuition and early articulation of the Declaration's
framers, the discourse and action on human rights has subsequently, and with
increased sharpness, highlighted the fundamental elements that emanate from
the universality of human rights. Thus, human rights law and advocacy
emphasized our inherent human commonality, as well as the indivisible character
of rights. They underscored the primary duty of States to give effect to the full
spectrum of rights, including the responsibility of the international community and
its institutions to foster a culture of solidarity and bolster implementation
capacities, so as to give full effect to those rights.
 26

Inherent universality and indivisibility of rights

The diverse group of the Declaration's framers insisted on our kinship in rights, our
common claim to a life of dignity and our right to count and be counted,
irrespective of ancestry, gender, colour, status and creed. The Declaration was
crucial in envisaging freedom and entitlement as mutually reinforcing sides of the
same coin of human aspirations. It unequivocally linked destitution and exclusion
with discrimination and unequal access to resources and opportunities. The
framers also understood that social and cultural stigmatization precluded full
participation in public life, including the ability to influence policies and obtain
justice. In other words, they made it clear that all civil, political, economic, social
and cultural rights were not only universal, but also indivisible and interrelated in
their application?individually and globally. This means that one set of rights cannot
be enjoyed fully without the other. As UN Secretary-General Ban Ki-moon made
clear, we cannot "pick and choose" among rights.

I bear witness to the interlocking characteristics of universal human rights and the
perils of not recognizing their indivisibility. I grew up in Durban under a system of
apartheid that institutionalized racial discrimination by denying equal rights and
full citizenship to all those who were not white. But South Africa's experience
shows that with political will, international engagement and a commitment to act,
discrimination, inequality and intolerance can be overcome and that political and
civil rights can be affirmed against great odds.

I also know first-hand the benefits of economic, social and cultural rights, including
access to education, as well as the effects of obstacles to such access. I was 16
when I wrote an essay about the role of South African women to educate children
on human rights. When the essay was published, members of my community
raised funds to send a promising but impecunious young woman to university.
Despite their efforts and goodwill, I almost did not make it as a lawyer, because
during the apartheid regime everything and everyone was segregated. However, I
persevered. After graduation I sought an internship, which was mandatory under
the law, but as a black woman I had to fight against multilayered discrimination
and barriers. Finally, a black lawyer agreed to take me on board, conditional on my
promise not to become pregnant. I also started a law practice on my own, not out
of choice but because nobody would employ a black woman lawyer.

In short, it is personal experience as much as conviction which prompts me to

reaffirm that political and civil rights, as well as economic, cultural and social rights,
depend closely on one another. Let me simply reflect on education, its value in
securing work, its positive impact on political and social participation, including
access to health care, and the decisive role it plays in achieving equality between
 27

women and men. It follows that violations of one right enfeeble all rights and
engender cascading repercussions.

Currently, there is a growing understanding of how the components of human

welfare and dignity, that is, human rights, development and security, are
intrinsically interlinked. Today, a wide body of international laws "spanning from
human rights law to humanitarian, refugee and criminal law" enhances
fundamental protection in times of war, peace and emergency. No vital set of
rights has been overlooked.

The recent International Convention for the Protection of All Persons from
Enforced Disappearance, the Convention on the Rights of Persons with Disabilities
and its Optional Protocol, and now the Optional Protocol to the International
Covenant on Economic, Social and Cultural Rights testify to the fact that the
creation of norms is an ongoing process that remains open to refinement and new
ideas, and innovative responses to current and emerging challenges.

The instrumental importance of human rights principles, such as equality,

participation, accountability and the rule of law, is now widely accepted.
Information and the freedom to organize and openly express views are vital for
good policy-making and measurable implementation. Socio-economic rights are
critical for the meaningful exercise of these freedoms, and gender equality has
also been an indispensable precondition to maximizing and propagating
education, development and the improvement of communities worldwide.

Yet, the universality of human rights is often questioned, more often by duty-
bearers than rights-holders. Such skepticism does not often reflect frank
conceptual objections to the challenge of universality, but is rather a means for
some States to avoid giving effect to the whole set of human rights. However, I am
persuaded that all people share the same basic ideas about what is needed to live
a dignified life, free from want and fear. While the promotion and implementation
of human rights standards demand an awareness of context, the universality of
the essential values and aspirations embodied in these commitments is beyond
doubt.

Attacks on the universality of rights often stand as barriers to human rights

implementation. Some critics maintain that the Universal Declaration went too far
in promoting the freedoms and values of liberal traditions. Others hold that its
framers did not go far enough and that liberty occupies a higher plane than
material welfare. The truth is that the Declaration is not merely congruent with
some customs and foreign to other cultures; speaking to our common humanity, it
 28

drew its principles from many diverse traditions and made them more robust
through a uniform codification. The need for universal implementation
However, for all the solemn commitments and normative advances, serious
implementation gaps remain. Impunity, armed conflict, discrimination and
authoritarian rule have not been defeated. Regrettably, human rights are at times
sidestepped to promote short-sighted security agendas. And, lamentably, a trade-
off between justice and peace is often erroneously invoked when societies emerge
from conflict and combatants return to their communities. Poverty, discrimination
based on various grounds, such as race, ethnicity, gender, disability, health
conditions or sexual orientation, and human rights violations occurring in the
context of mass movements of people, remain of the gravest concern.

As we continue to progress in setting international standards, we should never

lose sight of the fact that for individuals and communities around the world these
standards matter the most at the national level. Renewed efforts are needed to
give effect to human rights on the ground. An indispensable first step is for States
that have not already done so to ratify and unreservedly commit to the
implementation of all international human rights treaties. In addition to absorbing
international standards into the domestic legal systems, other necessary elements
conducive to the respect of human rights include an independent judicial and
legislative branch and national human rights institutions. The impartial scrutiny
undertaken by these institutions, as well as the media and other civil society
organizations, is essential for ensuring accountability for actions taken or omitted.

Yet, interpretation of international human rights law is not always uniform, with
different approaches emerging to enforce human rights norms. Authoritative
interpretations and assessments by independent mechanisms, such as treaty
bodies, special procedures or regional human rights courts, provide the best
guidance. However, there is no escaping the fact that it is the duty of States,
regardless of their political, economic and cultural systems, to promote and
protect all human rights and fundamental freedoms. To this end, Governments
should use all their available resources fairly and equitably. Particularly in
countries transitioning from violent conflict to peace, the judicial protection of
economic, social, and cultural rights is of great strategic significance. The rights of
minorities, women and the vulnerable, disadvantaged and marginalized groups,
including their rights to access justice, restitution and compensation, must be
safeguarded.

I also wish to point out that any comprehensive strategy to promote the universal
implementation of human rights should include a human rights education
component. By nurturing values and reinforcing attitudes which uphold the
 29

Universal Declaration's goals, human rights education underpins the common

responsibility of actualizing those rights in every community. Such education helps
rights-holders identify and address their needs and seek solutions consistent with
international standards.

Let me posit that, far from being a mere idealistic aspiration, the universal
implementation of human rights is in the best interest of all States. And it is in the
self-interest of States to ensure that their neighbours respect human rights as well.
Repression and hardship often prompt those who have the means and the ability
to abandon their country to seek better life elsewhere. This leads to depletion of
talent and resources "both human and social capital" which invariably exact a
heavy price, not only on the lives of those directly involved, but also on the
development prospects of the country they are leaving. Refugees fleeing war and
devastation can even destabilize neighbouring countries. Moreover, when persons
are internally displaced, entire communities and livelihoods are destroyed. If good
governance and respect for rights are lacking, the purpose and cohesion of a
nation are undermined. The consequences of such failures often persist long after
normalcy is restored. Correcting them often requires considerable investment and
resources on the part of the country involved, as well as the international
community.

Global interdependence and solidarity

Perhaps nothing exemplifies more vividly the need to pull together resources than
new or resurgent challenges to human rights. These include the recent food
emergencies, the ongoing financial crises, climate change, migration and
terrorism. However, century-old scourges, such as racial and gender
discrimination, also continue to demand more focused and incisive collective
action.

Let us make no mistake: the luckiest among us, those who are spared the most
negative effects of disaster, cannot turn a blind eye from the cascading effects of
abuse and indifference on each occupant of our global village. Rights or their
violations, as well as neglect of the obligations that rights engender, hold the
whole world in solidarity and responsibility. Blatant examples of the global perils
posed by long-neglected vulnerabilities have emerged in the course of the recent
food and financial crises. A scarcity of affordable food and a lack of means of
sustenance, including access to credit, have been more acute for individuals,
families and communities who had been victims of deep-rooted practices of
exclusion and discrimination. Upheavals of such magnitude are also likely to
condemn whole generations to abject poverty if structural causes rooted in
human rights violations are not addressed. A failure to empower vulnerable
 30

groups to claim their rights and the enforcement of repressive policies aimed at
gagging protest altogether further compound the predicament of the
marginalized. Through a human rights lens, we must put corrective measures in
place. These should include not only immediate relief but also fair policies on land
ownership, access to credit and basic services, equitable access to other
productive resources and public policy safety nets, as well as the creation of
vehicles and channels to publicize needs, denounce abuse and obtain redress.

A good starting point towards achieving these measures would be to heed the UN
Secretary-General's appeal to do more and faster in meeting the Millennium
Development Goals and ensure that these goals are pursued in concert with
human rights. One of the "added values" of the human rights approach to poverty
reduction and development, which the Office of the High Commissioner for
Human Rights (OHCHR) champions and advocates at every opportunity, resides in
providing a framework of institutions and norms to help reduce disparities and
foster cooperation. This approach helps mediate conflicting claims that inevitably
arise through development processes. Indeed, human rights norms provide an
objective set of minimum standards that help us to understand who has been
marginalized, or even forgotten, in the process of creating social change and
development.

Climate change is another topic of global impact that has often been tackled
without the benefit of a human rights component in international responses.
However, climate-related challenges also pose a direct threat to a wide range of
universally recognized human rights, such as the rights to life, food, water, health
and adequate housing. The consequences of calamitous weather conditions are
already visible in many parts of the world. A human rights approach compels us to
look at the people whose lives are most adversely affected. It provides the legal
rationale and grounds to advocate the integration of human rights obligations into
policies and programmes that counter the negative effects of the environment. It
links the assessment of critical vulnerabilities, which are deliberately or negligently
overlooked, with accountability for acts of commission and omission on the part of
States.

Similarly, migration is another major human rights challenge that requires an

integrated approach. The International Convention on the Protection of the Rights
of All Migrant Workers and Members of Their Families provides a good basis for
shaping policies that are coherent across national borders and respectful of
migrants' rights in both the receiving and sending countries. I strongly encourage
all UN Member States to ratify this important instrument, as effective responses to
the challenges of migration require uniform standards from which to build
 31

concerted action on the part of both receiving and sending countries. We must
also spare no effort to address human trafficking, a phenomenon that is often
unduly conflated with migratory flows. Trafficking represents a multi-billion dollar
industry that commodifies human beings and is antithetical to human rights and
humanity at its core.

As for terrorism, it is undeniable that this scourge often thrives in environments in

which human rights are curtailed or violated, where non-violent channels to
express discontent are lacking, and where discrimination and exclusion are
rampant. It is broadly recognized that not only is respect for human rights an
essential element of an effective counter-terrorism strategy, but that disrespect
for them actually undermines counter-terrorism efforts and breeds violent
confrontation. Indeed, human rights should be placed at the core of international
cooperation in countering terrorism. States are legally bound to ensure that
measures taken to combat crimes of terrorism comply with their obligations under
international human rights law, in particular, the right to recognition as a person
before the law, due process and the principle of non-refoulement.*

Due to their scale and consequences, current global challenges to human rights
are more likely to be readily recognized as common threats worthy of the
international community's attention. However, long-entrenched abuses stemming
from racism, xenophobia, discrimination and intolerance are problems that
shamefully continue to occur on a daily basis across the world and all too often
remain below the international radar screen. There is no doubt that ethnic
rivalries, racial discrimination and religious intolerance underlie many of today's
communal strife and violent conflicts. Furthermore, the persistence of racism in
the aftermath of conflict has been a key source of instability and a major obstacle
to sustainable peace. The increased mobility of peoples resulting from
globalization or forced displacement has led to incitement, hatred and a rise in
xenophobia.

Managing human diversity is one of the major challenges of the twenty-first

century, and this will require a multi-pronged strategy. The Declaration and
Programme of Action, adopted at the World Conference against Racism, Racial
Discrimination, Xenophobia and Related Intolerance in 2001, has provided a solid
set of tools to help States eradicate racial and ethnic discrimination and inequality.
The debate on this topic has been re-energized by the decision to hold a United
Nations Review Conference on Racism, Racial Discrimination, Xenophobia and
Related Intolerance, to take place in April 2009 in Geneva. The conference will
evaluate the implementation of government commitments made seven years ago
in Durban to eradicate racial hatred and discrimination.
 32

A wide range of views and positions have recently surged on this topic. Not all of
them were temperate or accurate, but essentially no one disputed the importance
of the issues at stake in the review conference. It is imperative that all States
participate and contribute to this crucial process, in order to consolidate and
improve the common ground for fundamental human rights issues which we all
agree on. To maximize our chances of success in this process, we need active
participation by all, without which the anti-racism debate and agenda will be
impoverished. For these reasons, I urge Governments that have expressed an
intention not to participate in the conference to reconsider their position.

This discussion also prompts me to underscore a fundamental reality: that despite

the best of intentions, human rights instruments, mechanisms and processes are
not self-fulfilling. More determined collaborative action is needed to maximize the
potential for change and improvement. Cooperation takes place in many forms
and venues: at the international level primarily, within the auspices of the United
Nations, specifically the General Assembly and the Human Rights Council, as well
as other UN bodies, such as the Security Council. A particularly noteworthy feature
of the Human Rights Council is its Universal Periodic Review (UPR) mechanism,
which has already reviewed 32 States and drawn information from a variety of
stakeholders, including civil society.

Presently, we should recognize that UPR carries a promising potential, although I

believe that some forms of independent expertise should be made an integral part
of the procedure. It was not possible to include such expertise at the initial stage
of the review, but improvement could come to fruition when preparing for the
second cycle in 2011. Moreover, the Human Rights Council is virtually a standing
body. The frequency of its meetings, in both formal and informal gatherings, may
create more opportunities to better hone operations and responses to chronic
human rights conditions and crises. Such assiduity may also help to build a firmer
ground of understanding and create more opportunities for capacity-building
among Council members than sporadic interactions would permit. Cooperation
also takes place at the regional and national levels. Within this framework, I
believe that OHCHR is in a unique position to assist regional organizations,
Governments, national human rights institutions and civil society in their efforts to
protect and promote human rights. The expansion of its field operations and the
increasing and deepening interaction with UN agencies and other crucial partners
in government, international organizations and civil society that OHCHR has
undertaken are important steps in this direction. This is where we can easily strive
for practical cooperation leading to the creation of national systems that promote
human rights and provide protection and recourse for victims of violations.
 33

OHCHR plays its part in a variety of ways in countries where it has offices, peace
missions or with human rights advisors to UN country teams. Our activities in the
field now include 50 technical cooperation projects, which frequently consist of
human rights monitoring and training assistance to States, national human rights
institutions and civil society, to help build their capacity, develop their scope of
intervention and better monitor ground situations. Typically, these projects are
also implemented in collaboration with pertinent United Nations agencies, as well
as regional partners and non-governmental organizations. Moreover, OHCHR has
been endowed with and has nurtured strong expertise in transitional justice
mechanisms to address past crimes. These are effective tools to combat impunity
that can also encourage reconciliation in post-conflict societies.

In conclusion, despite many current fears and uncertainties, I am encouraged by

the enormous attention that the year-long commemoration of the sixtieth
anniversary of the Universal Declaration has brought to the issue of human rights.
Across the world, voluntary organizations, institutions, teachers, students, lawyers,
politicians and the media have focused on the Declaration and its continuing
relevance in today's world. But we cannot stop here. Sixty years on, we are still a
very long way from achieving the goals laid down in the Declaration. No country in
the world can sit back complacently and say, "We're there". Tens of millions of
people are still unaware that they have rights that they can demand, and that their
Governments are accountable to them and to a wide-ranging body of rights-based
national and international laws. Despite all our efforts over the past sixty years, it
is essential that we keep up the momentum and thereby enable more and more
people to claim their rights.

We know that a great many challenges remain along the path of full realization of
human rights. I have outlined some of the most daunting among them, including
those that absorb our energy and attention, as priority matters at the OHCHR. But
let me underscore that the sixty years that elapsed since the adoption of the
Universal Declaration have also shown the way forward. We are now much clearer
in the knowledge that the pursuit of human rights requires the individual and
collective commitment of all. That commitment must overcome partisanship and
narrowly defined interests, requiring imagination, energy, diplomacy, solidarity,
determination and hard work. I am confident that States, international
organizations and civil society can together continue to harness such qualities and
put them to optimal use in the service of human rights.

We will only be able to wholly honour the towering vision of the Universal
Declaration of Human Rights when its universal principles are given full effect
everywhere and for everyone.
 34

* Convention relating to the Status of Refugees, Article 33(1), Prohibition of

expulsion or return ("refoulement"): "No Contracting State shall expel or return
("refouler") a refugee in any manner whatsoever to the frontiers of territories
where his life or freedom would be threatened on account of his race, religion,
nationality, membership of a particular social group or political opinion."
 35

Human Rights Violations and Culture of

Impunity in South Asia
Despite the committed efforts of human rights defenders across South Asia,
achieving human rights objectives remains a challenging task. Almost all
countries in the region – Afghanistan, Bangladesh, India, Nepal, Pakistan and Sri
Lanka – face a common trend of human rights violations and a culture of
impunity.

Afghanistan
In Afghanistan, the Taliban rule has had a devastating impact on the lives of
Afghan women, girls, journalists and human rights defenders. “The crisis for
women and girls in Afghanistan is escalating with no end in sight. Taliban policies
have rapidly turned many women and girls into virtual prisoners in their homes,
depriving the country of one of its most precious resources, the skills and talents
of the female half of the populations,” said Heather Barr, associate women’s rights
director at Human Rights Watch in this report.

This report states, “the Taliban’s return to power has made members of some
ethnic and religious minorities feel more vulnerable to threats even from those
not affiliated with the Taliban. Taliban authorities have also used intimidation to
extract money, food, and services. Fighting has mostly ended in the country, but
people expressed fear of violence and arbitrary arrests by the Taliban and lack of
the rule of law and reported increased crime in some areas.”

A group of three dozen Human Rights Council appointed experts in

this report said, “waves of measures such as barring women from returning to
their jobs, requiring a male relative to accompany them in public spaces,
prohibiting women from using public transport on their own, as well as imposing
a strict dress code on women and girls. Taken together, these policies constitute a
collective punishment of women and girls, grounded in gender-based bias and
harmful practices.”

The UN high commissioner for human rights, Michelle Bachelet, has urged the UN
security council to hold all perpetrators of human rights violations accountable, “I
ask the security council to ensure that the perpetrators of these violations are
accountable, I ask all states to use their influence with the Taliban to encourage
respect for fundamental human rights. Denial of the fundamental rights of
women and girls is massively damaging to the economy and the country as a
whole,” Bachelet said.
 36

The Taliban victory propelled Afghanistan “from humanitarian crisis to

catastrophe”, with millions of Afghans facing severe food insecurity due to lost
income, cash shortages, and rising food costs. Afghan refugees constitute one of
the world’s largest refugees population, with more than 2.2 million refugees.
“Afghanistan’s displacement crisis is one of the largest and most protracted in
UNHCR’s seven-decade history,” says UN High Commissioner for Refugees
Filippo Grandi.

Bangladesh
While Bangladesh, despite making economic progress and getting upgraded by
the United Nations from the category of least developed country to developing
country last November, the country continues to be in the news for enforced
disappearances, abductions, torture and extrajudicial killings by its security forces
with impunity.

In this letter written by 12 organizations to Under-Secretary-General Jean-Pierre

Lacroix, urging the United Nations Department of Peace Operations to ban
Bangladesh’s notoriously abusive paramilitary Rapid Action Battalion (RAB) from
UN deployment.

As many as 600 people, including opposition leaders, activists, journalists,

business people, and others, have been subjected to enforced disappearance
since 2009. In this report, Dhaka–based rights organization Odhikar said that
“some of the disappeared persons resurfaced in government’s custody after
being arrested under the draconian Digital Security Act 2018.”

“Human rights defenders, journalists, and others critical of the government

continue to be targeted with surveillance, politically motivated charges and
arbitrary detention,” says this report. Earlier in November 2021, the United
States slapped sanctions on elite Bangladeshi paramilitary force, Rapid Action
Battalion (RAB), stating it threatens US national security interests by undermining
the rule of law and respect for human rights and fundamental freedoms, and the
economic prosperity of the people of Bangladesh. Bangladesh is the only South
Asian country other than Afghanistan to receive US sanctions since 1998.

India
In 2021, Prime Minister Narendra Modi’s government in India
was downgraded from a free democracy to a “partially free democracy” by global
political rights and liberties US-based nonprofit Freedom House. Following this, a
 37

Sweden based V-Dem institute said, India had become an “electoral autocracy”.
The country has slid from No. 35 in 2006 to No. 53 today on The Economist's list.

The United States Commission on International Religious Freedom (USCIRF)

recommended India be designated as a “country of particular concern, or CPC, for
engaging in and tolerating systematic, ongoing and egregious religious freedom
violations, as defined by the International Religious Freedom Act in its report.

In its World Report 2022, Human Rights Watch said, “Indian authorities intensified
their crackdown on activists, journalists, and other critics of the government using
politically motivated prosecutions in 2021. “Attacks against religious minorities
were carried out with impunity under the Bharatiya Janata Party (BJP)-led Hindu
nationalist government."

Indian authorities have continued to press charges against students, activities,

journalists, including counter-terrorism and sedition laws. To undermine rights to
privacy and freedom of expression, reports of Pegasus spyware, developed and
sold by Israeli company NSO group, were used to target Indian human rights
defenders, journalists, and opposition politicians.

The ongoing harassment of journalists, including particularly those reporting from

and in Kashmir, including the recent crackdown on Kashmir’s independent press
club being shut down, arbitrary detention of journalists, alleged custodial killings,
and a broader pattern of systematic infringement of fundamental rights used
against the local population,” the report said.

According to this report, calls for genocide have become more common than
ever, “where Hindu extremists organized 12 events over 24 months in four states,
calling for genocide of Muslims, attacks on Christian minority and insurrection
against the government. In this interview, the founding president of Genocide
Watch, has warned: “Genocide could very well happen in India.”

Nepal
In Nepal, lack of effective government leadership, inadequate and unequal access
to health care, and a ‘pervasive culture of impunity’ continue to undermine the
country's fundamental human rights. “A lack of effective government leadership
in Nepal means that little is done to uphold citizens' rights, leaving millions to
fend for themselves without adequate services such as for health or
education, said Meenakshi Ganguly, South Asia director, Human Rights Watch.
 38

“Systemic impunity for human rights abuses extends to ongoing violations,

undermining the principles of accountability and the rule of law in post-conflict
Nepal. The report states that the authorities routinely fail to investigate or
prosecute killings or torture allegedly carried by security forces,” the report states.

In October 2020, the National Human Rights Commission (NHRC) published 20

years of data, naming 286 people, mostly police officials, military personnel, and
former Maoist insurgents, “as suspects in serious crimes, including torture,
enforced disappearance and extrajudicial killings”.

Along with this, the situation of women’s and girls' human rights continues to be
alarming in the country. According to this report, Nepal has the highest rate of
child marriages in Asia, with 33 percent of girls marrying before 18 years and 8
percent by 15. Reports also indicate there has been an increase in cases of rape in
2021, with widespread impunity for sexual violence.

Patriarchal Citizenship Law in Nepal which does not treat men and women
unequally, has been criticized for undermining Nepali women’s identities and
agency, subordinating them to the position of second-class citizens – also
impacting children.

Pakistan
The Pakistan government, on the other hand, “harassed and at times persecuted
human rights defenders, lawyers, and journalists for criticizing government
officials and policies,” said this report by Human Rights Watch. Significant human
rights issues include freedom of expression, attacks on civil society groups,
freedom of religion and belief, forced disappearances by governments and their
agents, unlawful or arbitrary killings, extrajudicial killings, torture, arbitrary
detentions, terrorism, counter-terrorism and law enforcement abuses.

“Pakistan failed to enact a law criminalizing torture despite Pakistan’s obligation

to do so under the Convention against Torture,” the report said. The country’s
regressive blasphemy law provides a pretext for violence against religious
minorities, leaving them vulnerable to arbitrary arrests and prosecution.

According to this report by Human Rights Without Frontiers, 1,865 people have
been charged with blasphemy laws, with a significant spike in 2020, when 200
cases were registered.

This piece highlights the plight of thousands of Pakistan's Baloch who security
forces have abducted. International human rights law strictly prohibits enforced
 39

disappearances, in Pakistan, Prime Minister Imran Khan vowed that a draft law to
criminalize enforced disappearances would be “fast-tracked”. A bill about
enforced disappearances, which the National Assembly passed, mysteriously
went missing after it was sent to the Senate.

The continued attack on journalists and activists for violations of the Electronic
Crimes Act, the use of the National Accountability Bureau (NAB), an anti-
corruption agency to target critics, attacks and well-coordinated campaigns and
attacks on women journalists on social media, and reported intimidation of
nongovernmental organizations, including harassment and surveillance are all
crackdowns which are only getting worse.

Sri Lanka
In Sri Lanka, the government continued to ‘suppress minority communities and
harassed activists, and undermined democratic institutions.’ According to Human
Rights Watch’s World Report 2022, “President Gotabaya Rajapaksha seems
determined to reverse past rights improvements and protect those implicated in
serious abuses. While promising reforms and justice to deflate international
criticism, his administration has stepped up suppression of minority
communities,” Meenakshi Ganguly, South Asia director at Human Rights Watch,
said.

The report highlights the harassment of security forces towards human rights
defenders, journalists, lawyers and the families of victims of past abuses and
suppression of peaceful protests. As covid-19 cases surged in the country,
military-controlled response to the pandemic “led to serious right violations”.

A major concern from the minority Muslim and Christian communities in Sri Lanka
was the government's order not to allow the bodies of Covid victims to be buried.
According to this report, “several bodies were forcibly cremated, despite experts
saying that bodies could be buried with proper safety measures.” This order,
which rights activists said was intended to target minorities and did not respect
religions, after much criticism was reversed.

A leading British religious freedom advocacy group, CSW, in its report titled, “A
Nation Divided: The state of freedom of religious or belief in Sri Lanka," said the
Muslim community experiences “severe” religious freedom violations. A key factor
in the violations is the perception by Sinhalese-Buddhist nationalists that Muslims
are a threat to both Buddhism and the Sinhalese. The report also noted attempts
to “reduce the visibility of Islam through the destruction of mosques and
restrictive stances on religious clothing.
 40

Women’s Rights are Human Rights

A political struggle that does not have women at the heart of it, above it,
below it and within it is no struggle.

Arundhati Roy

Women's rights are the fundamental human rights that were enshrined by the United Nations for every
human being on the planet nearly 70 years ago. These rights include the right to live free from
violence, slavery, and discrimination; to be educated; to own property; to vote; and to earn a fair and
equal wage.

1. Right to education
2. Right to earn
3. Right to access state of the art health care facilities
4. Right to abortion and access contraception
5. Right to inheritance
6. Freedom of speech
7. Right to move freely
8. Right to contest election and cast vote
9. Right to earn equal wage
10. Right to own property
11. Right to bodily integrity and autonomy
12. Right to choose spouse
13. Right to life, chastity and security

(The Convention on the Elimination of All Forms of Discrimination

against Women)

From past to present: What developments have there

been in human and women’s rights?
1789: France - First steps towards human rights
The first regulations concerning human rights, such as the French
Declaration of the Rights of Man and of the Citizen in 1789, did not
intrinsically include women. The French term ‘homme’ at the time was
understood as ‘man’, and by definition active citizens had to be men, so
 41

these early human and civic rights were accordingly only granted to men.
Women were not treated as being of equal value so did not deserve equal
rights. They were regarded as part of the personal sphere, and the male
authors of the declaration did not deem it necessary to include this in the
civic rights.

1791: Olympe de Gouges – resistance to men-

only rights
It did not take long before resistance was being expressed to the men-only
rights. The voices included those of the first women’s clubs, which had been
set up during the French Revolution, and now demanded that women be
treated as equal to men, be granted full citizens’ rights, and be given
suffrage. One of the pioneering members was the feminist Olympe de
Gouges . She declared “Woman is born free and remains equal to man in
rights” in Article 1 of her Declaration of the Rights of Woman and the
Female Citizen of September 14, 1791.

1948: Draft of the Declaration of Human Rights -

human rights, or actually just men’s rights?
It would take and still takes persistence and commitment for human rights
to actually become women’s rights. Even during the drafting of the text for
the Declaration of Human Rights in 1948, there were vigorous debates
about whether it should refer to “men” or “humans”. But in the end, the
term “human” won through. And since then, human rights are seen as
being granted to all humans, including women as well as men. Furthermore,
the Preamble expressly emphasises the “faith in the [...] equal rights of men
and women”.

1946: Establishment of the UN women’s rights

commission
 42

In 1946 the UN Economic and Social Council had already set up

the Commission on the Status of Women (CSW), a committee whose
express purpose was to promote and monitor equality and the rights of
women. The 45 members from all over the world meet once a year in order
to assess progress and to draft standards and measures in order to
promote women’s rights.

1966: More pressure for women’s rights – first

improvements
In order to encourage binding commitments relating to the general
principles established in the Declaration of Human Rights, in 1966 the
United Nations adopted two Human Rights Covenants , and their
provisions specifically applied to women. One is known as the Civil
Covenant , covering civil and political rights. Examples of the freedoms it
protects included the right to free expression, the freedom of privacy, and
the freedom of assembly. The other, known as the Social Covenant deals
with economic, social and cultural rights. According to this agreement,
people have the rights to work, education and a suitable standard of living.
Both entered into force in 1976.

1979: Internationally documented women’s

rights – CEDAW
The Universal Declaration of Human Rights merely establishes basic
principles, so more is needed to actually ensure the rights of women and
girls. One step taken by the United Nations to fill this gap was
the Convention on the Elimination of All Forms of Discrimination
Against Women (CEDAW), passed in December 1979. Known as the
Women’s Rights Convention, this obliges the states ratifying it to take
active steps to eliminate the discrimination against women in the areas of
culture, society, education, politics and legislation.
 43

Rights of children

Child rights and why they matter

Every right, for every child.

 Children’s rights recognize fundamental guarantees to all human beings: the

right to life, the non-discrimination principle, the right to dignity through the
protection of physical and mental integrity (protection against slavery, torture
and bad treatments, etc.)
 Children’s rights are civil and political rights, such as the right to identity, the
right to a nationality, etc.
 Children’s rights are economic, social and cultural rights, such as the right to
education, the right to a decent standard of living, the right to health, etc.
 Children’s rights include individual rights: the right to live with his or her
parents, the right to education, the right to benefit from protection, etc.
 Children’s rights include collective rights: rights of refugee and disabled
children, of minority children or from autochthonous groups.

1. the right to life, the right to a name,

2. the right to express his views in matters concerning the child,
3. the right to freedom of thought, conscience and religion,
4. the right to health care
5. the right to protection from economic and sexual exploitation
6. the right to education
7. right to protection from abuse, neglect, exploitation and discrimination
8. right to special protection during childhood

Child Labour

Not all work done by children should be classified as child

labour that is to be targeted for elimination. The participation of
children or adolescents above the minimum age for admission to
employment in work that does not affect their health and personal
development or interfere with their schooling, is generally
regarded as being something positive. This includes activities such
 44

as assisting in a family business or earning pocket money outside

school hours and during school holidays. These kinds of activities
contribute to children’s development and to the welfare of their
families; they provide them with skills and experience, and help to
prepare them to be productive members of society during their
adult life.

The term child labour is often defined as work that deprives

children of their childhood, their potential and their dignity, and
that is harmful to physical and mental development.

It refers to work that:

 is mentally, physically, socially or morally dangerous and harmful

to children; and/or
 interferes with their schooling by: depriving them of the
opportunity to attend school; obliging them to leave school
prematurely; or requiring them to attempt to combine school
attendance with excessively long and heavy work.

Whether or not particular forms of work can be called child

labour depends on the child’s age, the type and hours of work
performed, the conditions under which it is performed and the
objectives pursued by individual countries. The answer varies from
country to country, as well as among sectors within countries.

Case study of Iqbal Massiah

 45

Model answer outlines

1. Mention and explain 4 fundamental rights
Answers:
I. Introduction
 What are human rights
 Importance of human rights
 Andrew Heywood’s definition of Human Rights
II. Four Fundamental Rights
i. Right to life
a) Every human being has the inherent right to life. This right shall
be protected by law. No one shall be arbitrarily deprived of his life.
b) Depriving a man of his life means killing all mankind. Al
Quran
c) No person shall be deprived of life or liberty save in
accordance with law. (Article 9 of Constitution of Pakistan
1973)

ii. Right to property

a) Every man has a property in his own person; this nobody has
a right to but himself. (John Locke)
b) Every natural or legal person is entitled to the peaceful
enjoyment of his possessions. No one shall be deprived of his
possessions except in the public interest and subject to the
conditions provided for by law and by the general principles of
international law.
c) No person shall be compulsorily deprived of his property
save in accordance with law. Article 24 of Constitution of
Pakistan 1973

iii. Right to fair trial

a) For the determination of his civil rights and obligations or
in any criminal charge against him a person shall be
entitled to a fair trial and due process. (Article 10A of
Constitution of Pakistan)
b) The 'right to fair trial' in Article 10 of the UDHR
reads. Everyone is entitled in full equality to a
fair and public hearing by an independent and
impartial tribunal, in the determination of his
 46

rights and obligations and of any criminal

charge against him.
iv. Right to education
a) Article 25A of the Constitution of Pakistan explicitly
guarantees the right to education for all children between the
ages of five and sixteen.
b) Education is the passport to the future, for tomorrow
belongs to those who prepare for it today.” – Malcolm X
III. Conclusion

2. Explain any one principle of human rights

Answers:
I. Introduction
a) Andrew Heywood’s or John Locke’s definition of Human Rights
b) Importance of Human Rights
c) Discuss all key principles of human rights
II. Universality: One of the major principles of human right

Human Rights are not a privilege conferred by government. They are every
human being’s entitlement by virtue of his humanity.
Mother Teresa

"All rights are universal, indivisible and interdependent and interrelated."

Vienna Declaration, 1993

a) “Human rights” are rights inherent to all human beings, regardless of our
nationality, residence, sex, sexual orientation and gender identity, national or
ethnic origin, color, religion, language or any other status. We are all equally
entitled to our human rights without discrimination.
b) The universality of human rights can be assessed by the fact that no matter from
where one may belong; either rich or poor; cannot be denied fundamental human
rights such as right to life, right to property, right to liberty, right to security, etc.
c)
We declare that human rights are for all of us, all the time: whoever we are
and wherever we are from; no matter our class, our opinions, our sexual
orientation.

Ban Ki-moon
d) Example of how human rights are universal
People living in Global South or Global North both have equal chance and
opportunity to enjoy fundamental human rights which must be protected and
granted to people by national governments and if they fail so then international
justice and human right platforms stand up for the brutal conduct of nation states
against their citizens.
 47

III. Conclusion

3. Argue briefly supporting to UDHR

Answers:
I. Introduction
a) What is UDHR
b) Importance of UDHR in promoting and protecting human rights:
The UDHR is among the most important documents of the 20th century. It
has become a touchstone for actions by governments, individuals, and
nongovernmental groups. It has been ratified by every country in the
world. Practically no other international instrument can claim this honour.
c) Crux of all 30 articles of UDHR
d)
A right delayed is a right denied.
Martin Luther King Jr.

II. Arguments in support of UDHR

i. UDHR inspired the modern human rights movement
ii. The UDHR spurred the truly international negotiations leading to
binding treaties such as
1) the International Covenant of Civil and Political Rights
2) the International Covenant of Economic, Social and Cultural
Rights.
iii. Several major treaties, ratified by more than 100 countries, trace their
origins to the UDHR. They include, in chronological order:
 The International Convention on the Elimination of Racial
Discrimination (1965).
 The International Covenant on Economic, Social and Cultural
Rights (1966).
 The International Covenant on Civil and Political Rights
(1966).
 The Convention on the Elimination of All Forms of
Discrimination Against Women (1979).
 The Convention Against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment (1984).
 The Convention on the Rights of the Child (1989).
iv. It stands as a beacon of human decency to guide not only the conduct
of governments, but also the lives of peoples and individuals who
seek the protection of international human rights law.
III. Conclusion

The right of every man are diminished when the rights of one man are
threatened.

John F. Kennedy
 48

4. Explain Universality of Human Rights

5. Discuss in detail state of Human Rights in South Asia
Answers:
 49

6. Describe and discuss Human Rights as concept and claim in current era
Answers:
I. Introduction
a) What are human rights
b) Importance of human rights
c) Andrew Heywood’s definition of human rights
II. Evolution of concept of Human Rights
1. First generation of human rights
2. Second generation of human rights
3. Third generation of human rights
III. Characteristics of Human Rights
1. Universality
2. Inalienability
3. Indivisible
4. Interrelated and Interdependent
IV. Human Right claim in current era
1. UDHR and human rights
2. Violation of human rights worldwide
3. Efforts to protect human rights
V. Conclusion

“I recognise no rights but human rights - I know

nothing of men’s rights and women’s rights.”

-Angelina Grimke

7. Mention any 2 women rights

Answers:
I. Introduction
a) Women rights are human rights
b) Importance and need of women rights
II. Right to education
1.
“Women, like men, must be educated with a view to action,
or their studies cannot be called education!”

– Harriet Martineau.

2. Women have equal right to get quality education without any discrimination
against them.
 50

III. Right to equal pay

1. Women have equal chance to earn and get paid for the work done on equal
scale as their counterpart, men, can earn
2. Men and women must get equal pay for doing 'equal work'.
3. No can deprive them of what they earn
4.
Equality will be achieved when men and women are granted
equal pay and equal respect.”

IV. Conclusion
8. Mention core international instruments for protection of women rights
Answers:
I. Introduction
a) Importance and need for protection of women rights
b) Overview of International arrangements for protection of women rights
II. Core international instruments for protection of women rights
1. CEDAW
The Convention on the Elimination of All Forms of Discrimination
Against Women (CEDAW) is an international legal instrument that
requires countries to eliminate discrimination against women and
girls in all areas and promotes women's and girls' equal rights.
2. Convention on the Political Rights of Women
The Convention's purpose is to codify a basic international standard for
women's political rights.
3. Sustainable Development Goal 5: Gender equality
Aims to achieve gender equality and empower all women and girls
III. Conclusion
9. When UDHR has been approved by UNO
Answers:
The Universal Declaration of Human Rights, which was adopted by the UN General
Assembly on 10 December 1948, was the result of the experience of the Second
World War.
10.Discuss the situation of women’s rights in South Asia
11.Is it possible to achieve unity in diversity ( humans can be united in
spite of being diverse) by implementing UDHR, explain why/ why not?
Answers:
I. Introduction
a) What is unity
b) What is diversity
c) Correlation of unity and diversity
II. How does UDHR aid in achieving unity in diversity
Diversity is about all of us, and about us having to figure out
how to walk through this world together

Jacqueline Woodson
 51

1. “What we have to do… is to find a way to celebrate our diversity

and debate our differences without fracturing our communities.”
– Hillary Clinton

2. “It is not our differences that divide us. It is our inability to

recognize, accept, and celebrate those differences.”

– Audre Lorde

3. “Diversity is being invited to the party; inclusion is being asked

to dance.”

– Verna Myers

1. Article 1 of UDHR infuses spirit of unity while accepting the diversity

Article 1. All human beings are born free and equal in dignity and rights. They are
endowed with reason and conscience and should act towards one another in a spirit
of brotherhood.

2. Article 4 of UDHR breaks the shackle of slavery and engender greater

acceptance for equal dignity for all people
Article 4 is all about prohibition of slavery and forced labour. No one shall be held in
slavery or servitude. No one shall be required to perform forced or compulsory
labour.
3. Article 13 of UDHR empowers people to create more inclusive world
through freedom of movement
Everyone has the right to freedom of movement and residence within the borders of
each state. Everyone has the right to leave any country, including his own, and to
return to his country.
It would create greater tolerance and acceptance towards diverse cultures and
people and unite them under banner of humanity.
4. Article 17 of UDHR grants right to property which gives people sense of
ownership and collective responsibility
Everyone has the right to own property alone as well as in association with others.
No one shall be arbitrarily deprived of his property.
The rule of law will be ensured and creates respect for diversity.
5. Article 18 of UDHR allows freedom of belief which promotes religious
harmony and greater acceptance for diverse religious beliefs
 52

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.
III. Conclusion
Thus implementation of UDHR has great potential to ensure unity in
diversity.
12.Explain principle of universality
13.Describe the why, the UN adopted Protocol II to Civil and Political
rights abolishing death penalty in article 3 (right to life, liberty and
security)
Answers:
1. It is consider as progress in the enjoyment of the right to life
2. Major shift in criminal treatment
 End of punitive treatment of criminals
3. Attempt to minimize state excesses in treatment of its own citizens
4. The States Parties to the present Protocol,Believing that abolition of the death
penalty contributes to enhancement of human dignity and progressive
development of human rights,Recalling article 3 of the Universal Declaration of
Human Rights, adopted on 10 December 1948
5. To get rid of criminal would not put an end to crime
6. Suspects and criminals are human too. They also have human rights which can not
snatched from them no matter what happen.

14.Article 4 deals with what type of issue

Answers:
1. Article 4 deals with prohibition of slavery and forced labour
2. No one shall be held in slavery or servitude;
3. Slavery and the slave trade shall be prohibited in all their forms.
4. No one shall be required to perform forced or compulsory labour.
15.Explain the prohibition of arbitrary arrest
Answers:
Arbitrary arrest is
Article 9 of UDHR deals with prohibition of arbitrary arrest. the arrest of an individual
in a case in which there
Everyone has the right to liberty and security is no likelihood
of the person and therefore to freedom from or evidence that they
arbitrary arrest and detention. No one shall be committed
a crime against legal
deprived of liberty except on such grounds statute, or in which there
and in accordance with such procedures has been no proper due
as are established by law. process of law or order.
 53

16.What could be benefit of right to privacy

Answers:

Some of the benefits of right to privacy are enlisted below.

1. Privacy rights prevent the government from spying on people (without cause)

2. Privacy rights help ensure those who steal or misuse data are held accountable

3. Privacy rights help maintain social boundaries

4. Privacy rights help build trust

5. Privacy rights protect freedom of speech and thought

6. Privacy rights help to express oneself freely

17.What right has been provided under Article 14, Explain?
Answers:

Everyone has the right to seek and to enjoy in other countries asylum from
persecution. 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.