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Know Your Rights

Aung Myo Min

HREIB

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Development of Human Rights

Religious ideasThe Hindu, the

Bible, theKoran, and the

Analects of

Confuciusaddressquestions ofpeoples duties,rights, andresponsibilities

the Code ofHammurabi,

Inca and Azteccodes ofconduct andjustice

Written documentsasserting individualrights,- the Magna Carta

(1215),- the English Bill ofRights (1689),-the FrenchDeclaration on theRights of Man and

Citizen (1789),-the US Constitutionand Bill of Rights(1791)

Efforts in the 19thcentury to prohibitthe slave trade andto limit the horrorsof war are primeexamples.In 1919,International

Labor

Organization

(ILO)establisheto protectingworkers

On December 10,1948, the

UniversalDeclaration of

Human Rights

(UDHR)wasadopted by the 56members of the

United Nations.

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United Nations definition of

human rightsHuman Rights are universal legal

guarantees protecting individuals andgroups against actions which interferewith fundamental freedoms and

human dignity.

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Some of the most important

characteristics of human rights are the

following:

They are internationally recognized

They are legally protected

They focus on the dignity of the human being They protect individuals and groups

They obligate State and State actors

They cannot be waived/taken away They are equal and interdependent

They are universal

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Human rights are:

Universaleveryone should enjoy human rightswithout discrimination as to sex, age, language,religion, or race

Inviolablehuman rights are an essential element of

ones humanity. It cannot be violated unless determinedby law and solely for the purpose of securing duerecognition and respect for the rights of others and ofmeeting the just requirements of the general welfare,morality and public order in a democratic society

Interdependent- certain rights cannot be sacrificed infavor of other rights because taken together, theserights make human beings whole.

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What are the different groups of rights

According to nature:

Civil rights- rights of individuals to be protected fromarbitrary interference by government in their life liberty and

security, freedom to travel, right to due process. Political rights- rights of individuals to interfere and

participate in the affairs of the governments e.g. right to vote,stand for election, participate in state and social management,

freedom of speech, press, assembly Social, economic and cultural rights-progressive demands

of the people to improve their standard of living. e.g. right toeducation, work, healthy and working environment, practice

of religion use of ones language and enjoy ones culture.

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According to recipient

Individual rights- Rights accorded to individuals suchas the rights to life, education, health, work.. rights tosuffrage: freedom of expression, freedom from torture,

right to speedy trial Collective/group rightsare rights given to a

specified vulnerable group which may be exercisedbecause of ones membership to such community such

as womens rights, childrens rights, indigenous peoples

rights

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Who is responsible to implement

human rights?

The STATE has the primary responsibility to:

Respectrequired refraining from interfering with

the enjoyment of the right Protectrequires the prevention of violations of

such rights by other persons or third party

Fulfillrequires States to take appropriatelegislative, administrative, budgetary, judicial andother measure towards the full realization of suchrights.

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Nature of human rights violation by

the state

Omissionthe non interference or inaction of thestate in any situation that requires action to respect,protect or fulfill the human rights of its citizen

Commission/ breach- any act by the government inviolation of any covenant or instrument on humanrights which the State is committed to uphold

Arbitrary derogationviolation due to arbitrarysuspension of liberty ( emergency rule, martial rules,authoritarian regime)

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What are international human rights

standard? What is the UDHR?

The UDHR is the minimum and common standard ofachievement for all peoples

The UN General Assembly adopted it on December

10, 1948. (Human Rights Day) It has 30 Articles 3-21 present the civil and political

rights.

Articles 22- 27 set forth for the economic, social and

cultural rights. Articles 28-30 set forth for the promotion, protection,

and fulfillment of the UDHR.

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UDHR Articles

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HUMAN RIGHTS INSTRUMENTS

ICERD International Convention on the Elimination of All Forms ofRacial Discrimination- 21 Dec 1965

ICCPR International Covenant on Civil and Political Rights - 16 Dec1966

ICESCR International Covenant on Economic, Social and CulturalRights - 16 Dec 1966

CEDAW Convention on the Elimination of All Forms ofDiscrimination against Women - 18 Dec 1979 CAT Convention against Torture and Other Cruel, Inhuman or

Degrading Treatment or Punishment - 10 Dec 1984 CRC Convention on the Rights of the Child - 20 Nov 1989C

ICRMW International Convention on the Protection of the Rights of AllMigrant Workers and Members of Their Families - 18 Dec 1990 International Convention for the Protection of All Persons from

Enforced Disappearance - 20 Dec 2006 CRPD Convention on the Rights of Persons with Disabilities - 13 Dec

2006

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ICESCROP Optional Protocol of the Covenant on Economic, Socialand Cultural Rights- 10 Dec 2008

ICCPR-OP1 Optional Protocol to the International Covenant on Civiland Political Rights - 16 Dec 1966

ICCPR-OP2 Second Optional Protocol to the International Covenanton Civil and Political Rights, aiming at the abolition of the death penalty-15 Dec 1989

COP-CEDAW Optional Protocol to the Convention on the Eliminationof Discrimination against Women - 10 Dec 1999

OP-CRC- Optional protocol to the Convention on the Rights of theChild on the involvement of children in armed conflict- 25 May 2000

OP- CRC-Optional protocol to the Convention on the Rights of theChild on the sale of children, child prostitution and child pornography -25 May 2000

OP-CAT Optional Protocol to the Convention against Torture andOther Cruel, Inhuman or Degrading Treatment or Punishment -18 Dec2002

CRPD Optional Protocol to the Convention on the Rights of Personswith Disabilities - 12 Dec 2006

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CERD ICCPR ICESC CEDA

W

MWC CAT CRC CRPD

Afghanistan

Cambodia s s

India

Burma

Thailand

Pakistan

Malaysia

Bangladesh

Sir Lanka

Philippines

Indonesia S

Solomon

STATUS OF RATIFICATIONS http://www2.ohchr.org/english/law/

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CERD ICCPR ICESC CEDAW MWC CAT CRC CRPD

Mongolia

Japan

Vietnam

Laos

Fiji

Samoa

New Zealand

PNG