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Universal Declaration of Human Rights ( 1948 )

 

Article-1

 

All human beings are born free and equal in dignity and rights. Thy 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 ser forth in this Declaration, without distinction of any kind , such as race, color, 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 be held in slavery or servitude :slavery and slave trade shall be prohibited in all their forms.

 

Article-5

 

No one be subjected to torture or to cruel, inhuman or degrading treatment or punishment.

 

Article-6

 

Everyone has the right to recognition everywhere as a person before the law.

 

Article-7

 

All are equal before the law and are entitled without any discrimination to equal protection of the law. All are entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination.

 

Article-8

 

Everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the constitution or by law.

 

Article-9

No one 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 obligation and if any criminal charge against him.

   

Article-11

 

    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 defense.

 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 be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honor and reputation, Everyone has the right to the protection of the law against such interference or attacks.

 

Article-13

 

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.

 

Article-14

 

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.

 

Article-15       

 

Everyone has the right to a nationality .

No one shall be arbitrarily deprived of his nationality nor denied the right to changes    his nationality.

    

Article-16

Men and women of full age, without any limitation  due to race. Nationality or religion, have the right to marry any to found  a family. They are entitled to equal rights as to marriage, during marriage and at its dissolution.

Marriage shall be entered into only with the free and full consent of the intending spouses.

The family is the natural and fundamental group unit of society and is entitled to protection by society and the State.

     

Article-17

 

.      Everyone has the right to own property alone as well as in association with others.

       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 religion or belief, and freedom, either alone or in community with others and in such 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

    

     Everyone has the right to freedom of peaceful assembly and association.

     Non one many be compelled to belong to an association.

   

     Article-21

    

Everyone has the right to take part in the government of his country, directly or    through freely chosen representatives.

Everyone has the right to equal access to public service in his country.

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 has a  member of society, has the right to social security and is entitled to realizations, through national effort and international co-operation and in accordance with the organization and resources of each State, of the economic, social and cultural rights indispensable for his dignity and the free development of his personality.

    Article-23

   

Everyone has the right to work, to free choice of employment, to just and favorable    conditions of work and to protection against unemployment.

   Everyone, without any discrimination, has the right to equal pay for equal work.

   Everyone who work has the right to just and favorable remuneration ensuring for   himself and his family an existence worthy of human dignity, and supplemented, if necessary, by other means of social protection.

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

 

 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, widowhoods, old age or other lack of livelihood in circumstances beyond his control.

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

 

 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 basic of merit .

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 group, and shall further activities of the United Nations for the maintenance of peace.

Parents have a prior right to choose the kind of education that shall be given to their children .

 

Article27

 

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.

Everyone has the right to protection of the moral and material interests resulting from any scientific, literary or artistic production of which he is the author.

 

Article28

 

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

 

Article29

 

Everyone has duties to community in which alone the free and full development of his personality is possible.

In the exercise of his rights and freedoms, everyone shall be subject only to such limitations as or 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.

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 .

 

International covenant on economic social and cultural rights

 

Part - I

Article- 1

 

1 . All people have the right of self-c. By virtue of that right they freely, determine their political status and freely pursue their economic, social and cultural development.

 

2 . All people may, for their own ends, freely dispose of their natural wealth and resources without prejuduce to any obligations arising out of International economic co operation, based upon the principle of mutual benefit, and International law. In no case may a people be deprived of its own means of subsistence .

 

3 . The States Parties to the present covenant, including those having responsibility for the administration of Non-self Governing and Trust Territories, shall promote the realization of the right of self- determination, and shall respect that right, in conformity with the provisions of the Charter of the United Nations.

App. International covenant on economic, social and cultural rights (1966)

 

Part - II

Article-2

 

1 . Each Stats party to the present Covenant undertakes to take steps. Individually and through International assistance and co operation, especially economic and technical, to the maximum of its available resources, with a view to achieving progressively the full realization of the rights recognized in the present Covenant by all appropriate means, including particularly the adoption of legislative measures.

 

2 . The States Parties to the present covenant undertake to guarantee that the rights enunciated in the present covenant will be exercised without discrimination of any kind as to race, colour, sex, language, religion, political or other opinion, national, or social origin, property, birth or other status.

 

3 . Developing countries with due regard to human rights and their national economy, may determine to what extent they would guarantee the economic rights recognized in the present covenant to non- national.

 

 Article-3

 

      The States Parties to the present covenant undertake to ensure the equal right of men and women to the enjoyment of all economic, social and cultural right set forth in the present covenant.

 

Article-4

 

The States Parties to the present covenant recognize that, in the enjoyment of those rights provided by the State in conformity with the present covenant, the State may subject such rights only to such limitations as are determined by law only in so far as this may be compatible with the nature of these rights and solely for the purpose of promoting the general welfare in democratic society.

 

Article-5

 

1 . Nothing in the present covenant may be interpreted as implying for any State, group or person any rights to engage in any activity or to perform any act aimed at the destruction of any of the rights or freedom recognized herein, or at their limitation to a greater extent than is provided for in the present covenant.

 

2 . Non restriction upon or derogation from any of the fundamental human rights recognized or existing in any country in virtue of law, conventions, regulations or custom shall be admitted on the pretext that the present Covenant does not recognize such rights or that it recognizes them to a lesser extent.

 

Part – II

Article-6

 

1 . The States Parties to the present covenant recognize the right to work, which includes the right of everyone to the opportunity to gain his living by work which he freely chooses or accepts, and will take appropriate steps to safeguard this rights.

2 . The steps to be taken by a State Party to the present covenant to achieve the full realization  of this right shall include technical  and vocational guidance and training programmes, policies and techniques to achieve steady economic, social and cultural development and full and productive employment under conditions safeguarding fundamental political and economic freedoms to the individual.

 

Article-7

 

The States Parties to the present covenant recognize the right of everyone to the enjoyment of just and favourable conditions of work, which ensure, in particular.

 

  • (a)    Remuneration which provides all workers, as a minimum with:
    • (i)     fair wages and equal remuneration for work of equal value without distinction of any kind in particular women being guaranteed conditions of work not inferior to those enjoyed by men, with equal pay for equal work:
    • (ii)    A decent living for themselves and their families in accordance with the provisions of the present covenant:

 

  • (b)    Safe and healthy working conditions:

 

  • (c)    Equal opportunity for everyone to be promoted in his employment to an appropriate higher level, subject to no considerations other than those of seniority and competence :

 

 

  • (d)    Rest, leisure and reasonable limitation of working  hours and periodic holidays with pay, as well as remuneration for public holidays.

 

Article-8

 

1 . The States Parties to the present covenant undertake to ensure:

 

  • (a)     the right of everyone to from trade union of his choice, subject only to the rules of the organization concerned, for the promotion and protection of his economic and social interests. No restrictions may be placed on the exercise of this right other than those prescribed by law and which are necessary in a democratic society in the interests of national security or public order or for the protection of the rights and freedom of others:

 

  • (b)    The right of trade unions to establish national federations or confederations and the right of the latter to form or join international trade union organizations:

 

 

  • (c)     The right of trade unions to function freely subject to no limitations other than those prescribed by law and which or necessary in a democratic society in the interests of national security or public order or for the protection of the rights and freedom of others:

 

  • (d)    The right to strike, provided that it is exercised in conformity with laws of the particular country.

 

 

     2 . This article shall not prevent the imposition of lawful restrictions on the exercise of these rights by members of the armed forces of the police or the administration of the State.

 

     3 . Nothing in this article shall authorize State parties to the international Labour organizations convention of 1948 concerning freedom of Association ans protection of the right to organize to take legislative measures which would prejudice, or apply the law in such a manner as would prejudice, the guarantees provided for in that convention.

App.} International covenant on economic social and cultural rights (1966)

 

Article-9

 

The States Parties to the present covenant recognize the right of everyone to social security, including social insurance.

 

Article-10

 

The States Parties to the present covenant recognize that :

 

  • 1.      the widest possible protection and assistance should be accorded to the family, which is the natural and fundamental group unit of society, particularly for its establishment and while it is responsible for the care and education of dependent children, Marriage must be entered into with the free consent of the intending spouses.

 

  • 2.      Special protections should be accorded to mothers during a reasonable period before and after childbirth. During such period working mother should be accorded paid leave or leave with adequate social security benefits.

 

 

  • 3.      Special measures of protections and assistance should be taken on behalf of all children and young persons should be protected from economic and social exploitation. Their employment in work harmful to their morals or health or dangerous to life or likely to hamper their normal development should be punishable by law, States should also set age limits below which the paid employment of child Labour should be prohibited and punishable by law,

 

Article-11

  • 1.      The States Parties to the present covenant recognize the right of everyone to an adequate standard of living for himself and his family, including adequate food, clothing and housing, and to the continuous improvement of living conditions. The States Parties will take appropriate steps to ensure the realization of this right, recognizing to this effect the essential importance of international co- operation based on free consent.

 

  • 2.      The States Parties to the present covenant, recognize the fundamental right of everyone to be free from hunger, shall take, individually and through international co- operation, the measures, including specific programmes, which are needed.

 

 

    • (a)   To improve methods of production, conservation and distribution of food by making full use of technical and scientific knowledge, by disseminating knowledge of the principles of nutrition and by developing or reforming agrarian systems in such a way as to achieve the most efficient development and utilization of natural resources

 

    • (b)   Taken into account the problems of both food – importing and food–exporting countries, to ensure an equitable distribution of world food supplies in relation to need.

 

 

Article-12

 

  • 1.      The States Parties to the present covenant recognize the right of everyone to the enjoyment of the highest attainable standard of physical and mental health.

 

  • 2.      The steps to be taken by The States Parties to the present covenant to achieve the full realization of this right shall include those necessary for:

 

 

    • (a)The provision of the reduction of the stillbirth- rate and in infant mortality and for the healthy development of the child:

 

    • (b)            The improvement of all aspects of environmental and industrial hygiene :

 

 

    • (c)The prevention, treatment and control of epidemic, endemic, occupational and other diseases :

 

    • (d)            The creation of conditions which would assure to all medical service and medical attention in the event of sickness.    

 

 

Article-13

 

  • 1.      The States Parties to the present covenant recognize the right of everyone to education. They agree that education 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. they  further agree that education shall enable all persons to participate effectively in a free society, promote understanding, tolerance and friendship among all nations and all racial, ethnic or religious groups, and further the activities of the United Nations for the maintenance of peace. 

 

2- The States Parties to the present covenant recognize that, with a view to achieving   the full realization of this right :

 

    • (e)Primary education shall be compulsory and available free to all :
    • (f) Secondary education in its different forms, including technical and vocational secondary education, shall be made generally available and accessible to all by every appropriate means, and in particular by the progressive introduction of  free education :
    • (g)            Higher education shall be made equally accessible to all, on the basis of capacity, by every appropriate means, and in particular by the progressive introduction of free education :
    • (h)            Fundament education shall be encouraged or intensified as far as possible for those persons who have not received or completed the whole of their Primary education :
    • (i)  The development of a system of schools at all levels shall be actively pursued, an adequate fellowship system shall be established, and the material conditions of teaching staff shall be continuously improved .

 

  • 3.      The States Parties to the present covenant undertake to have respect for the liberty of parents and, when applicable, legal guardians, to choose for their children schools, other than those established by the public authorities, which conform to such minimum educational standards as may be laid down or approved by the State and to ensure the religious and moral education of their children in conformity with their own convictions.

 

App.iII} International covenant on economic social and cultural rights (1966)

 

  • 4.      No part of this article shall be construed so as to interfere with the liberty of individuals and bodies to establish and direct educational institutions, subject always to the observance that the education given in such institutions shall conform to such minimum standards as may be laid down by the State.

 

 

Article-14

 

Each States Parties to the present covenant which, at the time of becoming a party, has not been able to secure in its metropolitan territory or other territories under its jurisdiction compulsory primary education, free of charge, undertakes, within tow years, to work out and adopt a detailed plan of action for the progressive implementation, within a reasonable number of years, to be fixed in the plan, of the principle of compulsory education free of charge for all .

 

    Article-15

 

    1 . The States Parties to the present covenant recognize the right of everyone :

    • (a)      To take part in cultural life
    • (b)      TO enjoy the benefits of scientific progress and its applications :
    • (c)      To benefits from the protection of the moral and material interests resulting from any scientific, literary of artistic production of which he is the author.

 

   2 .The steps to be taken by the States parties to the present covenant to achieve the full realization of this right shall include those necessary for the conservation, the development and the diffusion of science and clture.

 

  3 . The States Parties to the present covenant undertake to respect the freedom indispensable for

 

       scientific research and creative activity.

 

  4 . The States Parties to the present covenant recognize the benefit to be derived from the encouragement and development of international contacts and co-operative in the scientific and cultural fields.

 

Part – III

  Article-16

 

  • 1.      The States Parties to the present covenant undertake to submit in conformity with this part of the Covenant reports on the measures which they have adopted and the progress made in achieving the observance of the rights recognized herein.

 

  • 2.      (a) All reports shall be submitted to the Secretary-General of the United Nations, who shall transmit copies to the Economic and Social Council for consideration in accordance with the provisions of present covenant.

 

 

  • 3.      (b) the Secretary-General of the United Nations, shall also transmit to the specialized agencies copies of the reports, or any relevant parts there from, from The States Parties to the present covenant which are also members of these specialized agencies in so far as these report, or parts there from, relate to any matters which fall within the responsibility of the said agencies in accordance with their constitutional instruments.

 

  Article-17

 

   1 . The States Parties to the present covenant shall furnish their reports in stages, in accordance with a programme to be established by the Economic and Social Council within one year of the entry into force of the  present covenant after consultation with the States Parties and the specialized agencies concerned.

 

  2 . Reports may indicate factors and difficulties affecting the degree of fulfillment of obligations under the present Covenant.

 

  3 . Where relevant information has previously been furnished to the United Nations or to any specialized agencies by any States Parties to the present covenant, it will be not necessary the reproduce that information, but a precise reference to the information so furnished will spffice.

 

 Article-18

 

   Pursuant to its responsibilities under the Charter of the United Nations in the field of human rights and fundamental freedoms, the Economic and Social Council may make arrangements with the specialized agencies in respect of their reporting to it on the progress made in achieving the observance of the provisions of the present covenant falling within the scope of their activities. These reports may include particulars of decisions and recommendations on such implementation adopted by their competent organs.

 

Article-19

 

The Economic and Social Council may transmit to the Commission on Human Rights for study and general recommendation or as appropriate for information the reports concerning human right submitted by State in accordance with Articles 16 and 17, and those concerning human rights submitted by the specialized agencies in accordance with

 

Article-20

 

 The States Parties to the present covenant and the specialized agencies concerned may be submit comments to the Economic and Social Council on any general recommendation under Article 19 or reference to such general recommendation in any report of the Commission on Human Rights or any  documentation referred to therein.

 

Article-21

 

The Economic and Social Council may submit from time to time to the General Assembly reports with recommendations of a general nature and a summery of the information received from The States Parties to the present covenant and the specialized agencies on the measures taken and the progress made in achieving general observance of the rights recognized in the present covenant.

 

Article-22

 

The Economic and Social Council may bring to the attention of other organs of the United Nations, there subsidiary organs and specialized agencies concerned with furnishing technical assistance any matters arising out or the reports referred to in this part of the present covenant which may assist such bodies in deciding, each within its field of competence, on the advisability of international measures likely to contribute to the effective progressive implementation of the present covenant.

 

Article-23

 

 The States Parties to the present covenant agree that international action for the achievement of the rights recognized in present covenant includes such methods as the conclusion of convention, the adoption of recommendations the furnishing technical assistance and holding of regional meetings and technical meetings for the purpose of consultation and study organized in conjunction with the Governments concerned.

 

Article-24

 

Nothing in the present covenant shall be interpreted as impairing the provisions of the Charter lf the United Nations and of the constitutions of the specialized agencies which define the respective responsibility lf the various organs of the United Nations and the specialized agencies in regard to the ,matters dealt with in the present covenant.

 

Article-25

 

 Nothing in the present covenant shall be interpreted as impairing the inherent right of all peoples to enjoy and utilize fully and freely their natural wealth and resources.

 

Part – V

Article-26                                   

 

 1 . The present covenant is open for signature by any State member of the United Nations or member of any of its specialized agencies, by any State party to the Statute of the International Court or Justice, and by any other State which has been invited by the General Assembly of the United Nations to become a party to the present covenant.

 

2 . The present covenant is subject to ratification. Instrument of ratification shall be deposited with the Secretary-General of the United Nations.

 

3 . The present covenant shall be open to accession by any State referred to in paragraph 1 of this Article.

4 . Accession shall be effected by the deposit of an instrument of accession with the Secretary-General of the United Nations.

 

5 . The Secretary-General of the United Nations. shall inform all States which have signed the present covenant or acceded to it of the deposit or each instrument of ratification or accession.

 

Article-27

 

1 . The present covenant shall enter into force three months after the date of the deposit with the Secretary-General of the United Nations of the thirty-fifty instrument of the ratification or instrument of accession.

 

2 . For each State ratifying the present covenant or acceding to in after the deposit of the thirty-fifty instrument of ratification or accession, The present covenant shall enter into force three months after the date of the deposit of its own instrument of ratification or instrument of accession.

 

Article-28

 

The provisions of the present covenant shall extend to all parts of the federal States without any limitations or exceptions.

 

Article-29

 

  • 1.      Any States Parties to the present covenant may propose an amendment and file it without the Secretary-General of the United Nations. The Secretary-General shall thereupon communicate any proposed amendments to the State parties to the present covenant with a request that they notify him whether they favors a conference of State parties for the purpose of considering and voting upon the proposals. In the event that at lest one-third of the States Parties favors such a conference, the Secretary-General shall convene the conference under the auspices of the United Nations. Any amendment adopted by a majority of the States Parties present and voting at the conference shall be submitted to the General Assembly of the United Nations. For approval.

 

  • 2.      Amendment shall come into force when they have been approved by the General Assembly of the United Nations and accepted by a tow- thirds majority of the States Parties to the present covenant in accordance with their respective constitutional processes.

 

 

  • 3.      when amendments come into force they shall be binding on those States Parties which have accepted them, other States Parties still being bound by the provisions of the present covenant and any earlier amendment which they have accepted.

 

Article-30

 

Irrespective of notifications made under Article 26, paragraph 5, the General Assembly of the United Nations shall inform all States referred to in paragraph 1 of the same Article of the following particulars:

 

  • (a)    Signatures, ratifications and accessions under Article 26 :
  • (b)   The date of the entry into force of the date of the entry into force of any amendments under Article 29.

 

Article 31

 

   1 . The present covenant, of his the Chinese, English, French, Russian and Spanish texts are equally authentic, shall be deposited in the archives of the United Nations.

 

  2 .  The Secretary-General of the United Nations shall transmit certified copies of the present covenant to all States referred to in Article 26,   

 

 

 

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