Sunday, June 4, 2017

The Declaration on Human Rights Defenders

                    This post is a summary of the resolution adopted by the  U.N. General Assembly on the report of the Third Committee in the fifty-third session and published in 1998 at. http://www.ohchr.org/Documents/Issues/Defenders/Declaration/declaration.pdf. This text contain all twenty articles summarized. This document has the title above.

                  The General Assembly, reaffirming the inportance of the observance of the purposes and principles of the Charter of the U.N. for the promotion and protection of all human rights and fundamental freedoms for all persons in all countries of the world. Taking note of Commission on Human Rights resolution 1998/7 in which the Commission approved the text of the draft declaration on the right and responsibility of individuals, groups and organs of society to promote and protect universally recognized human rights and fundamental freedoms. Invites governments, agencies and organizations of the U.N. system and intergovernmental and non-governmental organizations to intensify their efforts to disseminate the Declaration and to promote universal respect and understanding. Stressing that all members of the international community shall fulfil, jointly and separately, their solemn obligation to promote and encourage respect for human rights and fundamental freedoms for all without distinction of any kind, and reaffirming the particular importance of acieving international cooperation to fulfil this obligation according to the Charter. Acknowledging the important role of international cooperation for, and the valuable work of individuals, groups and associations in contributing to, the effective elimination of all violations of human rights and fundamental freedoms, including in relation to mass, flagrant or systematic violations such as those resulting from apartheid, colonialism, foreign domination or occupation, aggression or threats  to national sovereignty and from the refusal to recognize the right of peoples to self-determination and the right of every people to exercise full sovereignity over its wealth and natural resources. Recognizing the relationship between international peace and security and the enjoyment of human rights and fundamental freedoms, and mindful that the absence of international peace and security does not excuse non-compliance. reiterating that all human rights and fundamental freedoms are universal, indivisible, interdependent and interrelated and should be promoted and implemented in a fair and equitable manner, without prejudice to the implementation of each of those rights and freedoms. Stressing that the prime responsibility and duty to promote and protect human rights and freedoms lie with the state: ARTICLE 1 - Everyone has the right, individually and in association with others, to promote and to strive for the protection and realization of human rights and fundamentsal freedoms at the national and international levels. ARTICLE 2 - Each state has a prime responsibility and duty to protect and implement all human rights and fundamental freedoms, by adopting such steps as may be necessary to create all conditions necessary in the social, economic, political, and other fields, as well as the legal guarantees required to ensure that all persons under its jurisdiction are able to enjoy all those rights and freedoms in practice. ARTICLE 3 - Domestic law consistent with the Charter of the U.N. and other international obligations of the state in the field of human rights is the juridical framework within which human rights and fundamental freedoms should be implemented and enjoyed. ARTICLE 4 - Nothing in the present Declaration shall be construed as impairing or contradicting the purposes and principles of the charter of the U.N. or as restricting or derogating from the provisions of the U.D.H.R, the International Covenants on Human Rights and other international instruments applicable in this field. ARTICLE 5 - For the purpose of promoting and protecting human rights and fundamental freedoms, everyone has the right, individually and in association with others, at the national and international levels: a) to meet or assembly peacefully. b) to form, join and participate in non-governmental organizations. c) to communicate with non-governmental or intergovernmental organizations. ARTICLE 6 - Everyone has the right: a) to know, seek, obtain, receive and hold information about all human rights and fundamental freedoms, including having access to information as to how those rights and freedoms are given effect in domestic legislative and judicial systems. b) as provided for in human rights and other applicable international instruments, freely to publish, impart or disseminate to others. c) to study, discuss, form and hold opinions on the observance, both in law and in practice, of all human rights and fundamental freedoms and, through these to draw public attention to those matters. ARTICLE 7 - Everyone has the right,  to develop and discuss new human rights ideas and principles and to advocate their acceptance. ARTICLE 8 - Everyone has the right, to have effective access, on a non-discriminatory basis, to participation in the government of his  or her country and in the conduct of public affairs. ARTICLE 9 - Everyone has the right to benefit from an effective remedy and to be protected in the event of the violation of those right. To this end, everyone whose rights are violated, has the right to complaint to and have that complaint promptly reviewed in a public hearing before an independent and competent judicial authority  to obtain a decison providing redress, including any compensation due, as well as enforcement of the eventual decision and award, all without undue delay. ARTICLE 10 - No one shall participate, by act or by failure to act where required, in violation human rights, and no one shall be subjected to punishment or adverse action of any  kind for refusing to do so. ARTICLE 11 - Everyone has the right to the lawful exercise of his or her occupation or profession. ARTICLE 12 - Everyone has the right to participate in peaceful activities against violations of human rights. The state shall take all necessary measures to ensure the protection by authorities against any violence, threats, retaliation, discrimination, pressure or any other arbitrary action as a consequence of legitimate exercise of the rights referred in this declaration. In this connection, everyone is entitled to be protected effectively under national law. ARTICLE 13 - Everyone has the right to solicit, receive and utilize resources for the express purpose of promoting and protecting human rights. ARTICLE 14 - The state has the responsibility to take legislative, judicial, administrative or other appropriate measures to promote the understanding by all persons under its jurisdiction of their civil, political, economic, social and cultural rights. ARTICLE 15 - The state has the responsibility to promote and facilitate the teaching of human rights and fundamental freedoms at all levelsof education and to ensure that all those responsible for training lawyers, law enforcement officers, armed forces, and public officials include human rights teaching in their training. ARTICLE 16 - Individuals, NGOs and relevant institutions have an important role to play in contributing to making the public more aware of questions relating to all human rights and fundamental freedoms. ARTICLE 17 - In the exercise of the rights and freedoms referred to in the present declaration, everyone shall be subject only to such limitations as are in accordance with applicable international obligations and are determined by law solely for the purpose of securing due respect for the rights and freedoms of others. ARTICLE 18 - Everyone has duties towards and within the community, in which alone the free and full development of personality is possible. Individuals, groups, institutions and NGOs have an important role to play and a responsibility in safeguarding democracy, promoting human rights and fundamental freedoms. ARTICLE 19 - Nothing in the present declaration shall be interpreted as implying for any individual or any state the right to engage in any activity or to perform any act aimed at the destruction of the rights and freedoms referred to in the declaration. ARTICLE 20 - Nothing in this declaration shall be interpreted as permitting states to support and promote activities contrary to the provisions of the U.N.

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