GENDER LAW NOTES
GENDER LAW NOTES
human rights. Drafted by representatives with different legal and cultural backgrounds from all
regions of the world, the Declaration was proclaimed by the United Nations General Assembly
in Paris on 10 December 1948 (General Assembly resolution 217 A) as a common standard of
achievements for all peoples and all nations. It sets out, for the first time, fundamental human
rights to be universally protected and it has been translated into over 500 languages. The
UDHR is widely recognized as having inspired, and paved the way for, the adoption of more than
seventy human rights treaties, applied today on a permanent basis at global and regional levels
(all containing references to it in their preambles).
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 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,
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 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
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
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
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
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.
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
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.
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.
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.
International human rights treaties establish agreed-upon human rights standards and
mechanisms to monitor their implementation. By ratifying a treaty, a country voluntarily accepts
legal obligations under international law. Some key human rights treaties include:
Treaties are:
Agreements made between the Government of Canada, Indigenous groups, and often
provinces and territories that define ongoing rights and obligations on all sides.
These agreements set out continuing treaty rights and benefits for each group.
International human rights instruments are the treaties and other international texts that serve
as legal sources for international human rights law and the protection of human rights in
general.[1] There are many varying types, but most can be classified into two broad categories:
declarations, adopted by bodies such as the United Nations General Assembly, which
are by nature declaratory, so not legally-binding although they may be politically
authoritative and very well-respected soft law;,[2] and often express guiding principles;
and
conventions that are multi-party treaties that are designed to become legally binding,
usually include prescriptive and very specific language, and usually are concluded by a
long procedure that frequently requires ratification by each states' legislature.
Lesser known are some "recommendations" which are similar to conventions in being
multilaterally agreed, yet cannot be ratified, and serve to set common standards.[3]
There may also be administrative guidelines that are agreed multilaterally by states, as
well as the statutes of tribunals or other institutions.
A specific prescription or principle from any of these various international instruments
can, over time, attain the status of customary international law whether it is specifically
accepted by a state or not, just because it is well-recognized and followed over a
sufficiently long time.
global instruments, to which any state in the world can be a party, and
regional instruments, which are restricted to states in a particular region of the world.
Most conventions and recommendations (but few declarations) establish mechanisms for
monitoring and establish bodies to oversee their implementation. In some cases these bodies
that may have relatively little political authority or legal means, and may be ignored by member
states; in other cases these mechanisms have bodies with great political authority and their
decisions are almost always implemented. A good example of the latter is the European Court of
Human Rights.
Monitoring mechanisms also vary as to the degree of individual access to expose cases of abuse
and plea for remedies. Under some conventions or recommendations – e.g. the European
Convention on Human Rights – individuals or states are permitted, subject to certain conditions,
to take individual cases to a full-fledged tribunal at international level. Sometimes, this can be
done in national courts because of universal jurisdiction.
The Universal Declaration of Human Rights, the International Covenant on Civil and Political
Rights, and the International Covenant on Economic, Social and Cultural Rights together with
other international human rights instruments are sometimes referred to as the "International
Bill of Human Rights". International human rights instruments are identified by
the OHCHR[4] and most are referenced on the OHCHR website.
Declarations
Global
Beijing Declaration and Platform for Action (The Fourth World Conference on Women,
1995)
Regional: Americas
Regional: Asia
Declaration of the Basic Duties of ASEAN Peoples and Governments (Regional Council of
Human Rights in Asia, 1983)
Conventions
Global
According to OHCHR, there are 9 core international human rights instruments and several
optional protocols.[5]
International Convention on the Protection of the Rights of All Migrant Workers and
Members of Their Families (ICMW, 18 December 1990)
International Convention on the Protection of the Rights of All Migrant Workers and
Members of Their Families
Convention Relating to the Status of Refugees and Protocol Relating to the Status of
Refugees
Regional: Africa
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Regional: Europe
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See also
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Universal jurisdiction
Rule of law