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INTRODUCTION

Human rights are commonly understood as inalienable fundamental rights to which a person
is inherently entitled simply because she or he is a human being.
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Basically, the concept of
human rights is based on belief that people is entitled to enjoy their rights without
discrimination. In the meantime, the human right has been one of the significant
developments towards the country and had been questioned either their rights have been
fulfilled or not. There are so many disputes that occurred between one state to another state to
defend their rights.
ights for all members of the human family were first articulated in 1!"# in the $nited
%ations& $niversal 'eclaration of Human ights ($'H).
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The terms of the 'eclaration do
represent, in its own words, +a common standard of achievement for all peoples and all
nations, to the end that every individual and every organ of society, ,eeping this declaration
constantly in mind, shall strive by teaching and educations, to promote respect for these rights
and freedoms by progressive measures, national and international, to secure their universal
and effective recognition and observe, both among the peoples of member states themselves
and among the peoples of territories under jurisdiction.&
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$'H is a landmar, document that adopted by the $nited %ations. ights that championed
by the $niversal 'eclaration of Human ights included right to life, liberty and security of
person. education. freedom of thought, conscience and religion. freedom of opinion and
e/pression. wor,. see, and obtain asylum from persecution in other countries. among others.
egarding to the 0 $nited %ations 1riority,
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once the $niversal 'eclaration of Human
ights was adopted, the 2ommission on Human ights, the premier human rights
intergovernmental body within the $nited %ations, set out to translate its principles into
international treaties that protected specific rights. 3iven the unprecedented nature of the
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0ppendi/ 04 0 Teacher&s Briefing 3uide 1art 1 History 0nd 'evelopment 7f Human ights 0nd The
$niversal 'eclaration 7f Human ights
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'. 8. 3reig, International 9aw , 9ondon Butterworths 1!:;, 1age <1=
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tas,, the 3eneral 0ssembly decided to draft two 2ovenants codifying the two sets of rights
outlined in the $niversal 'eclaration4 2ivil and 1olitical ights and >conomic, ?ocial and
2ultural ights.
CATEGORISATION OF HUMAN RIGHTS
i) 2I@I9 0%' 179ITI209 I3HT?
The International 2ovenant on 2ivil and 1olitical ights (I221) entered into force in 1!:<
and, as at 1 Aarch *;;1:, there were 1<; parties which is legally binding treaty and the state6
parties are legally bound to give effect to its provision.
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2ivil rights as issues that arise from
the democratic commitment to equality and are protected by constitutional guarantees of
equal protection under legislation. 2ivil and political rights basically are a class of rights that
see, to protect individuals& freedom. This is means that, these rights are protecting from any
infringement from governments or private organisation. It is to ensure that the rights in any
,inds of freedom. The International 2ovenant on 2ivil and 1olitical ights commences under
0rticle 1 with an affirmation of the rights of self6determination by virtue of that right they
freely determine their political status and freely pursue their economic, social and cultural
development and then proceeds to require each state to accord to persons within their territory
the rights afforded by the 2onvention under 0rticle *. The substantive rights protected by the
2ovenant are46
0rticle <4 The right to life. shall be protected by law. %o one shall be arbitrarily deprived of
his life.
0rticle :4 Breedom from torture and inhuman treatment. no one shall be subjected without his
free consent to medical or scientific e/perimentation.
0rticle #4 Breedom from slavery and forced labour.
0rticle !4 The right to liberty and security. no one shall be deprived of his liberty e/cept on
such grounds and in accordance with such procedure as are established by law.
0rticle 1;4 The right to detained persons to be treated with humanity.
0rticle 114 Breedom from imprisonment for debt.
0rticle 1*4 Breedom of movement. The rights shall not be subject to any restrictions e/cept
those which are provided by law, are necessary to protect national security, public order,
public health or morals or the rights and freedoms of others, and are consistent with the other
rights recogniCed in the present 2ovenant.
0rticle 1-4 Breedom of aliens from arbitrary e/pulsion.
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Aartin 'i/on, Te/tboo, on International 9aw, 7/ford $niversity 1ress Inc. %ew Dor,, *;;:
0rticle 1"4 The right to a fair trial. all persons shall be equal before the courts and tribunals.
In the determination of any criminal charge against him, or of his rights and obligations in a
suit at law, everyone shall be entitled to a fair and public hearing by a competent,
independent and impartial tribunal established by law.
0rticle 1=4 1rohibition of conviction under retroactive criminal laws. no one shall be held
guilty of any criminal offence on account of any act or omission which did not constitute a
criminal offence, under national or international law, at the time when it was committed.
0rticle 1<4 The right to recognition as a person before the law.
0rticle 1:4 The right to privacy. everyone has the right to the protection of the law against
such interference or attac,s.
0rticle 1#4 The right to freedom of thought, conscience and religion. this right shall include
freedom to have or to adopt a religion or belief of his choice, and freedom, either individually
or in community with others and in public or private, to manifest his religion or belief in
worship, observance, practice and teaching.
0rticle 1!4 The right to freedom of opinion and e/pression.
0rticle *;4 The prohibition of propaganda for war and of incitement to national, racial or
religious hatred.
0rticle *14 The rights of assembly. no restrictions may be placed on the e/ercise of this right
other than those imposed in conformity with the law and which are necessary in a democratic
society in the interests of national security or public safety, public order (order public), the
protection of public health or morals or the protection of the rights and freedoms of others.
0rticle **4 The rights to freedom of association.
0rticle *-4 The rights to marry and found a family. the right of men and women of
marriageable age to marry and to found a family shall be recogniCed
0rticle *"4 The rights of child.
0rticle *=4 The right to participate in political life.
0rticle *<4 The right to equality before the law. the law shall prohibit any discrimination and
guarantee to all persons equal and effective protection against discrimination on any ground
such as race, colour, se/, language, religion, political or other opinion, national or social
origin, property, birth or other status.
0rticle *:4 The protection of the rights of minorities. enjoy their own culture, to profess and
practise their own religion, or to use their own language.
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The International 2ovenant on >conomic, ?ocial and 2ultural ights was adopted in 1!<<
and secured the requisite number of ratification to enter into force in 1!:< and see,s to
achieve and protect the most basic human rights for all people. The >conomic, social and
cultural rights protected by the 2ovenant are listed in 1art III and are as follows4
0rticle <4 The right to wor,. this is means that everyone has the right to the opportunity to
gain his living by wor, which he freely chooses or accepts.
0rticle :4 The right to just and favourable conditions of wor,, including fair wages, equal pay
for equal wor, and holidays with pay.
0rticle #4 The right to form and join a trade union including the right to stri,e. This is
depends on his choice, subject only to the rules of the organiCation concerned, for the
promotion and protection of his economic and social interests.
0rticle !4 The right to social security.
0rticle 1;4 1rotection of the family, including assistance for mothers and children. ?pecial
protection and assistance should be ta,en without any discrimination for reasons of parentage
or other conditions.
0rticle 114 The right to an adequate standard of living, including adequate food, clothing and
housing. the right of everyone to an adequate standard of living for himself and his family
0rticle 1*4 The right to the highest attainable standard of physical and mental health.
0rticle 1-4 The right to education. 1rimary education is to be compulsory and free to all.
?econdary and higher education is to be generally accessible. >ducation shall be directed to
the full development of the human personality and the sense of its dignity, and shall
strengthen the respect for human rights and fundamental freedoms.
0rticle 1"4 1ermits the progressive implementation of this right.
0rticle 1=4 The right to participate in cultural life and enjoy the benefits of scientific
progress. to achieve the full realiCation of this right shall include those necessary for the
conservation, the development and the diffusion of science and culture.
2ountries which become states parties to these instruments also assume the international
obligation to submit periodic reports to the $nited %ations on the measures that they have
adopted and the progress made in achieving compliance.
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The 2ommittee on >conomic,
?ocial and 2ultural ights also monitors how well countries establish or maintain these
rights, and report its findings to the >conomic and ?ocial 2ouncil each year besides to the
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development of a meaningful international human rights system. Therefore, without effective
monitoring, states cannot be held accountable for implementation of, or be made liable for
violation of, these rights.
Today, there are =- ?tates members of the 2ommission on Human ights are elected by the
$nited %ations >conomic and ?ocial 2ouncil (>27?72) representing all regions of the
world. The =- seats of the 2ommission are distributed as follows. 0frican ?tates 1=, 0sian
?tates 1*, >astern >uropean ?tates =, 9atin 0merican G 2aribbean ?tates 11, 8estern
>urope G 7ther ?tates 1;. This is included one of the country which is $nited ?tates.
2urrently the $nited ?tates stands alone as the world&s only superpower. However recently,
the $% Human ights 2ommittee issued a report e/coriating the $nited ?tates for its human
rights violations that focuses on International 2ovenant on 1olitical ights to which the
country is party. This is had been reported that including *= humans rights issues where the
$nited ?tates is failed to follow.

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