Human Rights

Education
1. Can you illustrate the message that the pictures want to
emphasize?
2. As a criminology student, what is your concept about
Human Rights?
Human Rights
• These are rights inherent to all human beings,
regardless of race, sex, nationality, ethnicity,
language, religion, or any other status.
• These are those rights inherent people and
without which people cannot live as true
human beings.
• These are supreme rights, inherent and
inalienable rights to life, dignity and self-
development.
Characteristics of Human Rights

• Inherent – Human rights are inherent because they are not

granted by any person or authority. Human rights do not have
to be brought, earned or inherited; they belong to people
simply because they are human. Human rights are inherent to
each individual.

• Fundamental – Human rights are

fundamental rights because without them, the
life and dignity of man will be meaningless.
Characteristics of Human Rights

• Inalienable – human rights cannot be taken away; no one has

the right to deprive another person of them for any reason.
• Imprescriptible – human rights do not
prescribe and cannot be lost even if ma fails to
use or assert them, even by a long passage of
time.
• Indivisible – to live in dignity, all human beings
are entitled to freedom, security and decent
standards of living concurrently. Human rights
are indivisible.
Characteristics of Human Rights

• Universal – human rights are universal in application and they

apply irrespective of one’s origin, status, or condition or place
where one lives. Human rights are enforceable without
national border.
• Interdependent – human rights are
interdependent because the fulfillment are
exercise of one cannot be hand without the
realization of the other.
 Classification of Human Rights

According to aspects of life:

1. Civil Rights – are those rights which the law will enforce at
the instance of private individuals for the purpose of securing to
them the enjoyment of their means of happiness.
2. Political Rights – are those rights which enable us to
participate in running the affairs of the government either
directly or indirectly.
 Classification of Human Rights

According to aspects of life:

3. Economic Rights and Social Rights – are those rights
which the law confers upon the people to enable them to
achieve social and economic development, thereby ensuring
them their well-being, happiness and financial security.
4. Cultural Rights – are those rights that ensure the well-
being of the individual and foster the preservation,
enrichment, and dynamic evolution of national culture based
on the principle of unity in diversity in a climate of free
artistic and intellectual expression.
 Classification of Human Rights

According to source:
1. Natural Rights – are God-given rights, acknowledge by
everybody to be morally good.
2. Constitutional Rights – are those rights which are conferred
and protected by the Constitution and which cannot
be modified or taken away by the law-making body.
3. Statutory Rights – are those rights which are provided
by law promulgated by the law-making body and
consequently, may be abolished by the same body.
 Generation of Human Rights
First-generation civil and political rights
These are “liberty-oriented” and include the rights to life, liberty
and security of the individual; freedom from torture and slavery,
political participation; freedom of opinion, expression, thought,
conscience and religion; freedom of association
and assembly.

“Blue” rights (deal essentially with liberty and

participation in political life.)
 Generation of Human Rights
Second-generation economic, social and cultural rights
These are “security-oriented” rights. These are related to
equality and began to be recognized by governments after WW II.
They are fundamentally economic, social and cultural in
nature. They guarantee different members of the
citizenry equal conditions and treatment.

“Red” rights which impose upon the government

the duty to respect and promote and fulfill them,
but this depends on the availability of resources.
 Generation of Human Rights
Third-generation solidarity rights

These are those rights that go beyond the mere civil and
social, as experienced in many progressive documents of
international law. The term remains

largely unofficial, just as the

also-used moniker of “Green”
rights.
 e!
Ti m
ui z
Q 1. How do you define human rights in your
own words?
2. Kindly choose three (3) characteristics of
Human Rights that you think is the most
significant among other and state your
reason.
Human Rights Education
The United Nations Decade for Human Rights Education
(1995-2004) has defined Human Rights Education as training,
dissemination, and information efforts aimed at the building of a
universal culture of human rights through the imparting of
knowledge and skill and the molding of attitudes which
are directed to:
• The strengthening of respect for human
rights and fundamental freedoms.
• The full development of the human
personality and the sense of its dignity.
Human Rights Education
• The promotion of understanding, respect, gender equality and
friendship among all nations, indigenous peoples and racial,
national, ethnic, religious and linguistic groups;
• The enabling of all persons to participate
effectively in a free society.
• The furtherance of the activities of the United
Nations for the Maintenance of Peace.
Human Rights Education as a Human Right
Education in human rights is itself a fundamental human right
and also a responsibility. The mandate for human rights education
is unequivocal: you have a human right to know your rights.
Human rights education aims to build an understanding and
appreciation for human rights through learning about rights and
learning through rights. Human rights education is inextricably
linked with the pedagogy of teaching. It requires not just imparting
knowledge about human rights but also applying a human rights-
based pedagogy to ensure young people learn in a rights-respecting
environment – an environment that respects their rights and
promotes the rights of others.
Goals for Human Rights Education

Knowledge and skills – learning about human rights and

mechanisms for their protection, as well as acquiring skills to
apply them in daily life.
Values-attitudes and behavior – developing values and
reinforcing attitudes and behavior which
upload human rights.
Action – taking action to defend and
promote human rights.
Elements of Human Rights Education

First, the acquisition of knowledge and skills about human rights.

Second, the development of respectful values and attitudes and

changed behavior that reflects human rights values, and

Third, the motivation of social action and

empowerment of active citizenship to
advance respect for the rights of all.
 Theories of Source of Rights

• Religious or The Theological Approach

• The Natural Law Theory
• The Positivist Theory
• The Theory of Marxism
• The Sociological Approach
• The Utilitarian Theory
• Theories of Justice
• Theory based on equality and respect of
human dignity
 Theories of Source of Rights

Religious of The Theological Approach

In the Biblical tradition, individual derive their

human dignity through God’s creation. Duties to others
in the community are grounded in the covenantal
relationship to God who has delivered people
form slavery and oppression.
 Theories of Source of Rights

The Natural Law Theory

Natural law theory accepts that law can be

considered and spoken of both as a sheer social fact of
power and practice, and as a set of reasons for action that
can be and often are sound as reasons and therefore
normative for reasonable people addressed by
them.
 Theories of Source of Rights

The Positivist Theory

Legal positivism is a theory of law that sees law as based
on social facts. These social facts are the decisions, conventions
or social customs, which are recognized as authoritative.
The positivist theory says that they do not
determine whether laws or legal systems exist.
Whether a society has a legal system depends on
the presence of certain structures of governance, not
on the extent to which it satisfies ideals of justice,
democracy, or the rules of law.
 Theories of Source of Rights

The Theory of Marxism

For Karl Marx, legal relations and forms of the state are not
grasped from “the general development of the human mind,” but
rather have their roots in the material conditions of life and
the anatomy of civil society as determined by
political economy, natural right and rights are
individualistic and abstract. Human emancipation
requires ending the division between man as an
“egoistic being” in civil society and man as an
“abstract citizen” in the state.
 Theories of Source of Rights

The Sociological Approach

Under the functional or sociological theory, human

rights exist as a means of social control. Also known as the
sociological approach, human rights exist to serve the
social interests of society. The sociological approach lays
emphasis of obtaining a just equilibrium of
multifarious interest among prevailing moral
sentiments and the social and economic
conditions of the time and place.
 Theories of Source of Rights

The Utilitarian Theory

The core foundation of utilitarianism is the “greatest happiness
principle”. It simply states that “actions are right in proportion as
they tend to produce the reverse of happiness.” Utilitarian actions
are based solely on its contributions for the greater good of
all people. It adopt to four mechanisms:
• Welfarism
• Consequentialism
• Egalitarianism
• Maximization
 Theories of Source of Rights

The Theory of Justice

According to John Rawls, Justice is the first virtue of social
institutions, as truth is of systems of thought. His conception of
“justice as fairness” and “procedural justice” proceeds from a
rational constitutional choice among individuals
behind a “veil of ignorance” in order to define the
basic rights and liberties of free and equal citizens
in a constitutional democracy.
 Theories of Source of Rights
The diverse principles of justice and methods of justification offered
by modem liberal theories of justice tend to focus on three basic problems
of “macro-justice” in societies:
1) Principles and rules for the just allocation of equal freedoms and other
basic rights to individual in order to protect human dignity
and peaceful cooperation among free citizens;
2) Principles and rules for the just distribution of
scarce resources through private competition
and governmental correction of market failures;
3) Principles and rules for a just constitutional order
protecting general interests against government
failures.
 Theories of Source of Rights

Theory based on equality and respect of human dignity

The philosophical roots of dignity derive from the classical
Roman writings of Cicero. In his writings he discussed the concept of
dignity as something that belongs to every human being without
reference to any additional attributes. Human dignity is a concept that
occurs in several human rights documents and
national constitutional texts as well as in lower level
legislation. The strictest sense of respecting dignity
in people is derived from Kant’s statement that all
people should always be treated as ends in
themselves and never as mere means.
 Explain the following characteristics
of Human Rights.
• Inherent
• Fundamental
• Inalienable
• Imprescriptible
• Indivisible
• Universal
• Interdependent.
 THE PHILIPPINE BILL OF RIGHTS

A bill of rights, sometimes called a declaration of rights or a

charter of rights, is a list of the most important rights to the
citizens of a country. The purpose is to protect those rights
against infringement from the public officials and private
citizens.
It refers to the declaration and enumeration of the
fundamental civil and political rights of a person with the
primary purpose of safeguarding the person from violations by
the government, as well as by individuals and group of
individuals.
 Article III
Bill of Rights

Section 1. No person shall be deprived of life,

liberty, or property without due process of law,
nor shall any person be denied the equal
protection of the laws.
Due Process – is the legal requirement that requires the state to respect all
the legal rights owed to a person. Due process balances the power of the
state and protects the individual person from the power of the state.

Aspects of Due Process of Law

• Procedural due process – refers to the method or

manner by which the law is enforced.

• Substantive due process – which requires that the

law itself, not merely the procedures by which the
law would be enforced, is fair, reasonable, and
just.
Life – means something more than mere animal existence. The
prohibition against its deprivation without due process extends to all
the limbs and faculties by which life is enjoyed.
Liberty – denotes not merely freedom from physical restraint.
It also embraces the right of man to use his faculties with
which he has been endowed by his creator subject only to the
limitation that he does not violate the law or the rights of
others.
Property – may refer to the thing itself or to the
right over the thing.
Equal protection of the law

Equal protection of the law means that all persons or things

similarly situated should be treated alike both as to rights
conferred and responsibilities imposed.
 Article III
Bill of Rights
Section 2. The right of the people to be secure in their persons,
houses, papers, and effects against unreasonable searches and
seizures of whatever nature and for any purpose shall be inviolable,
and no search warrant or warrant of arrest shall issue
except upon probable cause to be determined
personally by the judge after examination under
oath or affirmation of the complainant and the
witnesses he may produce, and particularly
describing the place to be searched and the persons
or things to be seized.
Rights Against Unreasonable Search and Seizure.

The purpose is to protect the privacy and the

sanctity of the person and of his house and other
possessions found therein against arbitrary intrusions
by against of the state.
Search warrant – is an order in writing, issued in the name of
the people of the Philippines, signed by a judge and directed to
a peace officer, commanding him to search for certain personal
property and bring it before the courts.

Warrant of arrest – is a written order of the court,

issued in the name of the Philippines, authorizing a
peace officer to arrest a person, and put him under the
custody of the court.
Scope of the Protection
Persons – the protection applies to everybody, to citizens as
well as aliens in the Philippines, whether accused of crime or
not.
Houses – the protection is not limited to dwelling houses but
extends to garages, warehouse, shop, store, office,
and even a safety deposits vault.
Papers and effects – they include sealed letters
and packages in the mail which may be opened
and examined only in pursuance of a valid search
warrant.
Requisites for a valid search warrant:
• It must be issued upon probable cause;
• The probable cause must be determined personally by the judge
himself;
• Such determination of the existence of probable cause must be
made after examination by the judge of the
complainant and the witnesses he may produce; and
• The warrant must particularly describe the place
to be searched, and the person or things to be
seized.
Probable cause
These are facts and circumstances antecedent to issuance
of a warrant sufficient in themselves to induce a caution man to
rely upon them and act in pursuance therefore.

When Warrantless Arrest Valid

• In flagrante delicto arrest.

• Hot Pursuit.
• Arrest of escaped prisoners.
• Citizen Arrest.
When search and seizure may be made without warrant.
• Where there is consent or waiver;
• Where search is an incident to a lawful arrest;
• Moving vehicle;
• As an incident of inspection, supervision and regulation in the
exercise of police power;
• Stop and Frisk;
• Exigent and Emergency Circumstances
• Plain View – the possession of articles prohibited
by law is disclosed to eye and hand.
Citizen Arrest – it must be
noted that a lawful
warrantless arrest may be
performed not just by a
peace officer but also by a
civilian. This is permitted
under the rules under limited
circumstances, and it is
called citizen arrest.
 Article III
Bill of Rights
Section 3. (1) The privacy of communication and correspondence
shall be inviolable except upon lawful order of the court, or when
public safety or order requires otherwise, as prescribed by law.

(2) Any evidence obtained in violation of this or

the proceeding section shall be inadmissible for
any purpose in any proceeding.
Right of Privacy of communication and correspondence
It has been defined as the right of a person to be free from
undesired publicity, or disclosure of his communication and
correspondence and as the right to live without unwarranted
interference by the public in matters with which the
public is not necessarily concerned.
Exceptions:
a. When the court allows the intrusion, and
b. When public safety and order so demands.
Exclusionary Rule:

The exclusionary rule states that any evidence unlawfully

obtained is inadmissible as evidence before the courts. This is
based on Section 3 (2), Article III which provides that any
evidence obtained in violation of right to privacy of
communication or right to due process of
law shall be inadmissible for any purpose in any
proceeding.
 Article III
Bill of Rights
Section 4. No law shall be passed abridging the freedom of
speech, of expression, or of the press, or the right of the people
peaceably to assemble and petition the government for redress of
grievances.
Rights guaranteed:
• Freedom of speech,
• Freedom of expression
• Freedom of the press
 Article III
Bill of Rights

Section 5. No law shall be made respecting an establishment of

religion, or prohibiting the free exercise thereof. The free
exercise and enjoyment of religious profession and
worship, without discrimination or preference, shall
forever be allowed. No religious test shall be
required for the exercise of civil or political rights.
Rights guaranteed:
• Non-establishment clause;
• Free exercise clause, or the freedom of
religious profession and worship.

Religious test prohibited

The constitution expressly provides that the “No
religious test shall be required for the exercise of
civil or political rights.”
A religious test is a legal requirement to swear faith
to a specific religion or sect, or to renounce the same.
 Article III
Bill of Rights

Section 6. The liberty of abode and of changing the same within the
limits prescribed by law shall not be impaired except upon lawful
order of the court. Neither shall the right to travel be
impaired except in the interest of national security,
public safety, or public health, as may be provided
by law.
Liberty of abode and travel
This is the right of a person to have his home in whatever place
chosen by him and thereafter to change it at will, and to go where he
pleases, except in the interest of national security, public safety and
public health.
Limitation
The liberty of abode may be impaired only upon lawful
order of the court and within the limits prescribed by law.
With respect to the right to travel, only a court may
issue a hold departure order against an individual
addressed to the Bureau of Immigration and Departure.
 Article III
Bill of Rights
Section 7. The right of the people to information on matters of
public concern shall be recognized. Access to official records, and to
documents and papers pertaining to official acts,
transactions, or decisions, as well as to government
research data used as basis for policy development,
shall be afforded the citizen, subject to such limitations
as may be provided by law.
Scope of the right
This covers information on matters of public concern. It
pertains to access to official records, documents and papers
pertaining to official acts, transactions or decisions, as well as
to government research data used as basis for policy
development.
 Article III
Bill of Rights

Section 8. The right of the people including those employed in

the public and private sectors, to inform unions, associations, or
societies for purposes not contrary to law shall not be
abridged.
Freedom to Associate and Unionized
Freedom of association includes the freedom to associate or,
if one is already a member, to disaffiliate from the association.

The right to unionize is an economic and labor right while

the right to association in general is a civil-political right.
 Article III
Bill of Rights

Section 9. Private property shall not be taken for public use

without just compensation.
Eminent Domain is the right or power of the State or of those to
whom the power has been lawfully delegated to take or
expropriate private property for public use upon paying to the
owner a just compensation.

Taking of private property

Conditions for
For public use
the exercise of
Eminent Domain Just compensation
Observance of due process
 Article III
Bill of Rights

Section 10. No law impairing the obligation of contracts shall

be passed.

The obligation of a contract is the law or duty which

binds the parties to perform their agreement according to
its terms or intent if it is not contrary to the law,
morals, good customs, public order, or public
policy.
 Article III
Bill of Rights

Section 11. Free access to the courts and quasi-judicial bodies and
adequate legal assistance shall not denied to any person
by reason of poverty.
 Article III
Bill of Rights
Section 12. (1) Any person under investigation for the commission of an
offense shall have the right to be informed of his right to main silent and to
have competent and independent counsel preferably of his own choice. If
the person cannot afford the services of counsel, he must be provided with
one. these rights cannot be waived except in writing and in
the presence of counsel.
(2) No torture, force, violence, threat, intimidation,
or any other means which vitiate the free will shall be
used against him. Secret detention places, solitary,
incommunicado, or other similar forms of detention
are prohibited.
 Article III
Bill of Rights
Section 12. (3) Any confession or admission obtained in violation of
this or Section 17 hereof shall be inadmissible in evidence against
him.
(4) The law shall provide for penal and civil sanctions
for violations of his section as well as compensation
to and rehabilitation of victims of torture or similar
practices, and their families.
Miranda rights to which a person under custodial investigation is
entitled.
• Right to remain silent
• Right to competent and independent
counsel, preferably of his own choice.
• Right to be reminded that if he cannot
afford the services of counsel, he would be
provided with one.
• Right to be informed of his rights
Miranda rights to which a person under custodial investigation is
entitled.
• Right against torture, force, violence, threat,
intimidation or any other means which
vitiate the free will.
• Right against secret detention places,
solitary, incommunicado, or similar forms of
detention.
• Right to have confessions or admissions
obtained in violation of these rights
considered inadmissible in evidence.
Rights that may be waived:

1. Right to remain silent.

2. Right to counsel.

Requisites for a valid waiver of these rights:

1. Made voluntarily, knowingly and intelligently

2. Waiver should be made in writing
3. Made with the presence of counsel.
 Article III
Bill of Rights

Section 13. All persons, except those charged with offenses

punishable by reclusion perpetua when evidence of guilt is strong,
shall, before conviction, be bailable by sufficient sureties, or be
released on recognizance as ay be provided by law.
The right to bail shall not be impaired even when the
privilege of the writ of habeas corpus is suspended.
Excessive bail shall not be required.
Bail – is the security given for the release of a person in custody of law,
furnished by him or a bondsman, conditioned upon his appearance
before any court as required.

When is bail a matter of discretion?

Upon conviction by the RTC of an offense not

punishable by death, reclusion perpetua, or life
imprisonment, bail becomes discretionary.
When shall bail be denied?
 That he is a recidivist, quasi-recidivist, or habitual delinquent, or has
committed the crime aggravated by circumstances of reiteration;
 That he has previously escaped from legal confinement, evaded
sentence, or violated the conditions of his bail without valid
justification;
 That he committed the offense while under probation,
parole, or conditional pardon;
 That the circumstances of his case indicate the
probability of flight if released on bail; or
 That there is undue risk that he may commit another
crime during the dependency of the appeal.
Who are not entitled to bail?

 Persons charged with offenses punishable by reclusion perpetua or

death, when evidence of guilt is strong.

 Persons convicted by the trial court. Bail is only discretionary

pending appeal.

 Persons who are members of the AFP facing a court

martial.
 Article III
Bill of Rights
Section 14. (1) No person shall be held to answer for a criminal offense
without due process of law.
(2) In all criminal prosecutions, the accused shall be
presumed innocent until the contrary is proved, and shall enjoy the right
to be heard by himself and counsel, to be informed of the nature and
cause of the accusation against him, or have a speedy, impartial, and
public trial, to meet the witnesses face to face, and to have compulsory
process to secure the attendance of witnesses and the production of
evidence in his behalf. However, after arraignment, trial may proceed
notwithstanding the absence of the accused provided that he has been
duly notified and his failure to appear is unjustifiable.
Right to Speedy, Impartial and Public Trial

Speedy trial – means free from vexation, capriccios and oppressive

delays.
1. Time expired from the filing of information.
2. Length of delay.
3. Reasons for the delay.
4. Assertion or non-assertion of the right by the accused.
Prejudice caused to the defendant.
Right to Speedy, Impartial and Public Trial

Impartial trial – The accused is entitled to cold neutrality of an

impartial judge, one who is free from interest or bias.

Public trial – it is in order to prevent possible abuses which

may be committed against the accused. The attendance at
the trial is open to all, irrespective of their relationship to
the accused. However, if the evidence to be presented
is “offensive to decency or public morals,” the public
may be excluded.
Right to meet the Witnesses face to face.

To afford the accused an opportunity to test the testimony of a

witness by cross-examination, and to allow the judge to observe the
deportment of the witness.

Right to Compulsory Process

It is the right of the accused to have a

subpoena and/or a subpoena duces tecum issued in
his behalf in order to compel the attendance of
witnesses and the production of evidence.
 Trial in Absentia

When may trial in absentia may proceed if the following

requisites are present:

1. Accused has been validly arraigned.

2. Accused has been duly notified of the dates of hearing.
3. Failure to appear is unjustifiable.
 Article III
Bill of Rights

Section 15. The privilege of the writ of habeas corpus shall not be
suspended except in cases of invasion or rebellion when the public safety
requires it.

Writ of Habeas Corpus – is a writ directed to the

person detaining another, commanding him to
produce the body of the detainee at a designated time
and place, and to show the cause of his detention.
What is the privilege of the Writ of Habeas Corpus?

It is the right to have an immediate determination of the legality

of the deprivation of physical liberty.

When may the privilege of the writ be suspended?

1. Existence of actual invasion or rebellion

2. Public safety requires the suspension.
When writ of habeas corpus is applicable?

This extends to all cases of illegal confinement or detention by

which any person is deprived of his liberty, or by which the rightful
custody of any person is withheld from the one entitled thereto.
 Article III
Bill of Rights

Section 16. All persons shall have the right to a speedy disposition
of their cases before all judicial, quasi-judicial, or administrative
bodies.
Section 17. No person shall be compelled to be a witness
against himself.
Right Against Self-Incrimination
This constitutional privilege has bee defined as a protection
against testimonial compulsion, but this has since been extended to
any evidence “communicative in nature” acquired under
circumstances of duress. What is prohibited is the use of physical
or moral compulsion to extort communication from the
witness or to otherwise elicit evidence which would
not exist were it not for actions compelled from the
witness.
 Article III
Bill of Rights
Section 18. (1) No person shall be detained solely by reason of his
political beliefs and aspirations.
(2) no involuntary servitude in any form shall exist
except as a punishment for a crime whereof the party shall have
been duly convicted.
Involuntary Servitude – is a condition where one is
compelled by force, coercion, or imprisonment, and
against his will, to labor for another, whether he is
paid or not.
No involuntary servitude shall exist, except:
1. Punishment for a crime for which the party has been duly
convicted.
2. Personal military or civil service in the interest of national
defense.
3. In naval enlistment, a person who enlists in a merchant ship
may be compelled to remain in service until the end of voyage.
4. Posse comitatus or the conscription of able-bodied men for the
apprehension of criminals.
5. Return to work order issued by the DOLE Secretary or the
Presidents
6. Minors under patra potestas are obliged to obey their parents.
 Article III
Bill of Rights
Section 19. (1) Excessive fines shall not be imposed, nor cruel,
degrading or inhuman punishment inflicted. Neither shall the death
penalty be imposed, unless, for compelling reasons involving
heinous crimes, the Congress hereafter provides for it. Any death
penalty already imposed shall be reduced to reclusion perpetua.
(2) The employment of physical, psychological, or
degrading punishment against any prisoner or detainee or the use of
substandard or inadequate penal facilities under subhuman
conditions shall be dealt by law.
 Article III
Bill of Rights

Section 20. No person shall be imprisoned for debt or non-payment

of a poll tax.

Poll tax – a specific sum levied upon any person

belonging to a certain class without regard to
property or occupation.
 Article III
Bill of Rights

Section 21. No person shall be twice put in jeopardy of punishment

for the same offense. If an act is punished by a law and an
ordinance, conviction or acquittal under either shall constitute a bar
to another prosecution for the same act.
Double jeopardy – this is when a person was charged with an
offense and the case terminated by acquittal or conviction or in any
other manner without his consent, he cannot again be charged with
same or identical offense.

Requisites:

1. Court of competent jurisdiction

2. A valid complaint or information.
3. Arraignment and plea by the accused
4. Conviction, acquittal, or dismissal of the case without the
express consent of the accused.
 Article III
Bill of Rights

Section 22. No ex post facto law or bill of attainder shall be enacted.

Bill of Attainder – is a legislative act that inflicts punishment

without trial, its essence being the substitution of legislative fiat for
a judicial determination of guilt.
MIDTERM
 THE INTERNATIONAL BILL OF HUMAN RIGHTS

The International Bill of Human consists of the five core

human rights treaties of the United Nations that function to advance
the fundamental freedoms and to protect the basic human rights of
all people. The Bill influences the decisions and actions of
Government, State and Non-State actors to make economic, social
and cultural rights a top-priority in the formation and
implementation of national, regional and international policy and
THE INTERNATIONAL BILL OF HUMAN RIGHTS

• Optional Protocol to the International

Covenant on Civil and Political Rights
• Optional Protocol to the International
Covenant on Civil and Political Rights,
aiming the abolition of death penalty
 THE INTERNATIONAL BILL OF HUMAN RIGHTS

The Foundation of the International Bill of Human Rights

 Universal Declaration of Human Rights.

 International Covenant on Economic, Social and Cultural Rights.
 International Covenant on Civil and Political Rights
 Optional Protocol to the International Covenant on Civil and
Political Rights
 Second Optional Protocol to the International Covenant on Civil
and Political Rights, aiming at the abolition of the death penalty.
 Universal Declaration of Human Rights.
The Universal Declaration of Human Rights was Adopted and
proclaimed by the General Assembly of Forty-eight States and voted
in favor of the Declaration, none against, with eight abstentions. In a
statement following the voting, the President of the General
Assembly pointed out that adoption of the Declaration was a
“remarkable achievement, a step forward in the great evolutionary
process.” the Declaration was proclaimed by the UN General
Assembly in Paris on Dec. 10, 1948 as a common standard of
achievements for all people and all nations. It sets out, for, the first
time, fundamental human rights to be universally protected and it
has been translated into 500 languages.
 Universal Declaration of Human Rights.

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.
 Universal Declaration of Human Rights.

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.
 Universal Declaration of Human Rights.

Article 3
Everyone has the right to life, liberty and security of
person.

Article 4
No one shall be held in slavery or servitude; slavery and the
slave trade shall be prohibited in all their forms.
 Universal Declaration of Human Rights.

Article 5

No one shall 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.
 Universal Declaration of Human Rights.

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.
 Universal Declaration of Human Rights.

Article 8

Everyone has the right to an effective remedy by the

component national tribunals for acts violating the fundamental
rights granted him by the constitution or by law.

Article 9
No one shall be subjected to arbitrary arrest, detention or exile.
 Universal Declaration of Human Rights.

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 of any criminal
charged against him.
 Universal Declaration of Human Rights.

Article 11
1. Everyone charged with a penal offense 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 defense.
2. No one shall beheld guilty of any penal offence on account of
any act or omission which did not constitute a penal offense,
under national or international law, at the time when it was
committed. Nor shall a heavier penalty by imposed than the one
that was applicable at the time the penal offense was committed.
 Universal Declaration of Human Rights.

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.
 Universal Declaration of Human Rights.

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 his country.
 Universal Declaration of Human Rights.

Article 14
1. Everyone has the right to seek and to enjoy in other countries
asylum form persecution.
2. This right may not be invoked in t he case of prosecutions
genuinely arising from non-political crimes of from acts
contrary to the purposes and principles of the United Nations.
 Universal Declaration of Human Rights.

Article 15
1. Everyone has the right to a nationality.

2. No one shall be arbitrarily deprived of his nationality nor

denied the right to change his nationality.
 Universal Declaration of Human Rights.

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 find 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 spouse.
3. The family is the natural and fundamental group unit of society
and is entitled to protection by society and the State.
 Universal Declaration of Human Rights.

Article 17
1. Everyone has the right to own property alone as well as in
association with others.

2. No one shall be arbitrarily deprived of his property.

 Universal Declaration of Human Rights.

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.
 Universal Declaration of Human Rights.

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
1. Everyone has the right to freedom of peaceful assembly and
association.
2. No one may be compelled to belong to an association.
 Universal Declaration of Human Rights.

Article 21
1. Everyone has the right to take park in the government of his
country, directly or through freely chosen representatives.
2. Everyone has the right to 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.
 Universal Declaration of Human Rights.

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.
 Universal Declaration of Human Rights.

Article 23
1. Everyone has the right to work, to free choice of employment, to just
and favorable 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 favorable renumeration
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.
 Universal Declaration of Human Rights.

Article 24
Everyone has the right to rest and leisure,
including reasonable limitation of working
hours and periodic holidays with pay.
 Universal Declaration of Human Rights.

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 events of
unemployment, sickness, disability, widow, 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.
 Universal Declaration of Human Rights.

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 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 UN for the
maintenance of peace.
 Universal Declaration of Human Rights.

Article 26
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.
 Universal Declaration of Human Rights.

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.
 Universal Declaration of Human Rights.

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 requirement
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 UN.
 Universal Declaration of Human Rights.

Article 30
Nothing in this Declaration may be interpreted as implying for
any State, group or person any right to engage in an 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

The ICESCR is a multilateral treaty adopted by the UN Genera;

Assembly on Dec. 16, 1966 through GA. Resolution 2200A (XXI),
and came in force from Jan. 3, 1976. It commits its parties to work
toward the granting of economic, social and cultural rights (ESCR) to
the Noon-Self-Governing and Trust Territories and individuals,
including labor rights and the right to health, the right to education,
and the right to an adequate standard of living. As of July 2020, the
Covenant has 171 parties. A further four countries, including the
United States, have signed but not ratified the Covenant.
 International Covenant on Economic, Social and Cultural

PART I
Article 1

1. All people have the right of self-determination. 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 prejudice to any obligations arising
out of international economic co-operation, based upon the
principle of mutual benefit and international law. In no case may
people be deprived of its own means of subsistence.
 International Covenant on Economic, Social and Cultural

PART I
Article 1

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.
 International Covenant on Economic, Social and Cultural

PART II
Article 2

1. Each State 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 mean, including particularly the adoption of
legislative measures.
 International Covenant on Economic, Social and Cultural

PART II
Article 2

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-nationals.
 International Covenant on Economic, Social and Cultural

PART II
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 rights set forth in the present Covenant.
 International Covenant on Economic, Social and Cultural

PART II
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 States 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 a democratic society.
 International Covenant on Economic, Social and Cultural
PART II
Article 5
1. Nothing in the present Covenant 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 or
freedoms recognized herein, or at their limitation to a greater extent
than is provided for in the present Covenant.
2. No 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
recognized them at lesser extent.
 International Covenant on Economic, Social and Cultural

PART III
Article 6
1. The State Parties to the present Covenant recognized 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 right.
2. The steps to be taken by a State Party to the present Covenant to
achieve the full realization of his this right shall include technical and
vocational guidance and training programs, 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.
 International Covenant on Economic, Social and Cultural

PART III
Article 7
The State Parties to the present Covenant recognized the right
of everyone to the enjoyment of just and favorable conditions of
work which ensure, in particular:
a. Renumeration 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;
 International Covenant on Economic, Social and Cultural

PART III
Article 7
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.
 International Covenant on Economic, Social and Cultural

PART III
Article 8
1. The State Parties to the Present Covenant undertake to ensure:
a. The right of everyone to form trade unions and join the trade 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 freedoms of others.
 International Covenant on Economic, Social and Cultural

PART III
Article 8
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 are
necessary in a democratic society in the interests of national
security or public order or for the protection of the rights and
freedoms of others.
 International Covenant on Economic, Social and Cultural

PART III
Article 8
d. The right to strike, provide that it is exercised in conformity with
the laws of the particular country.
2. This article shall not prevent the imposition of lawful restrictions on
the exercise of this rights by members of the armed forces or of the
police or of the administration of the State.
3. Nothing in this article shall authorize States Parties to the International
Labor Organization Convention of 1948 concerning Freedom of
Association and 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.
 International Covenant on Economic, Social and Cultural

PART III
Article 9
The States Parties to the present Covenant recognize the right of
everyone to social security, including social insurance.
 International Covenant on Economic, Social and Cultural

PART III
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.
 International Covenant on Economic, Social and Cultural

PART III
Article 10
The States Parties to the present Covenant recognize that:

2. Special protection should be accorded to mothers during a reasonable

period before and after childbirth. During such period working mothers

should be accorded paid leave or leave with adequate social security

benefits.
 International Covenant on Economic, Social and Cultural

PART III
Article 10
The States Parties to the present Covenant recognize that:

3. Special measures of protection and assistance should be taken on

behalf of all children and young persons without any discrimination for
reasons of percentage or other conditions. 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
likely to hamper their normal development should be punishable by law.
States should also set age limits below which the paid employment of
child labor should be prohibited and punishable by law.
 International Covenant on Economic, Social and Cultural

PART III
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 realization of this right, recognizing to this
effect the essential importance of international co-operation based on
free consent.
 International Covenant on Economic, Social and Cultural

PART III
Article 11
2. The States Parties to the present Covenant, recognizing the
fundamental right of everyone to be free from hunger, shall take,
individually and through international co-operation, the measures,
including specific programs, 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
 International Covenant on Economic, Social and Cultural

PART III
Article 11
2. The States Parties to the present Covenant, recognizing the
fundamental right of everyone to be free from hunger, shall take,
individually and through international co-operation, the measures,
including specific programs, which are needed:

b.) Taking 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.
 International Covenant on Economic, Social and Cultural

PART III
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
 International Covenant on Economic, Social and Cultural

PART III
Article 12
2.
a. ) The provision for the reduction of the stillbirth-rate and of
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.
 International Covenant on Economic, Social and Cultural

PART III
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
fundamentals 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.
 International Covenant on Economic, Social and Cultural

PART III
Article 13
2. The States Parties to the present Covenant recognize that, with a
view to achieving the full realization of this right:
a) Primary education shall be compulsory and available free to
all;
b) 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;
 International Covenant on Economic, Social and Cultural

PART III
Article 13
2. The States Parties to the present Covenant recognize that, with a
view to achieving the full realization of this right:
c) 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;
d) Fundamental education shall be encouraged or intensified as
far as possible for those persons who have not received or
completed the whole period of their primary education;
 International Covenant on Economic, Social and Cultural

PART III
Article 13
2. The States Parties to the present Covenant recognize that, with a view
to achieving the full realization of this right:

e) 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.
 International Covenant on Economic, Social and Cultural

PART III
Article 13
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, when conform to such
minimum educational standards as may be laid down or approved
by the State and to ensure the religious and moral educations of
their children in conformity with their own convictions.
 International Covenant on Economic, Social and Cultural

PART III
Article 13
4. No part of this article shall be constructed so as to interfere with
the liberty of individuals and bodies to establish and direct
educational institutions, subject always to the observance of the
principles set forth in paragraph I of this article and to the
requirement that education given in such institutions shall
conform to such minimum standards as may be laid down by the
State.
 International Covenant on Economic, Social and Cultural

PART III
Article 14
Each State Party to the present Covenant which, at the time of
becoming a Party, has not been able to secure in its metropolitan
territories under its jurisdiction compulsory primary education, free
of charge, undertakes, within two 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 plan, of
the principle of compulsory education free of charge for all.
 International Covenant on Economic, Social and Cultural

PART III
Article 15
1. The State 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 benefit from the protection of the moral and material interests
resulting from artistic production of which he is the author.
2. The steps to be taken by the State 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
culture.
 International Covenant on Economic, Social and Cultural

PART III
Article 15
3. The State 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 benefits

to be derived from the encouragement and development of
international contacts and cooperation in the scientific and
cultural fields.
 International Covenant on Economic, Social and Cultural

PART IV
Article 16
1. The Sates 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.

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 the present Covenant;
 International Covenant on Economic, Social and Cultural

PART IV
Article 16
b) The Secretary-General of the United Nations shall also
transmit to the specialized agencies copies of the reports, or
any relevant parts therefrom, from State Parties to the present
Covenant which are also members of these specialized
agencies in so far as these reports, or parts therefrom,
 International Covenant on Economic, Social and Cultural

PART IV
Article 17
1. The State 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 fulfilment of obligations under the present Covenant.
 International Covenant on Economic, Social and Cultural

PART IV
Article 17
3. Where relevant information has previously been furnished to the
United Nations or to any specialized agency by any State Party to
the present Covenant, it will not be necessary to produce that
information, but a precise reference to the information so
furnished will suffice.
 International Covenant on Economic, Social and Cultural

PART IV
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.
 International Covenant on Economic, Social and Cultural

PART IV
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 rights submitted by States in accordance with
articles 16 and 17, and those concerning human rights submitted by
the specialized agencies in accordance with article 18.
 International Covenant on Economic, Social and Cultural

PART IV
Article 20
The State Parties to the present Covenant and the specialized
agencies concerned may 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
herein.
 International Covenant on Economic, Social and Cultural

PART IV
Article 21
The Economic and Social Council may submit from time to
time the General Assembly reports with recommendations of a
general nature and a summary of the information received from the
States Parties to the 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.
 International Covenant on Economic, Social and Cultural

PART IV
Article 22
The Economic and Social Council may bring to the attention of
other organs of the United Nations, their subsidiary organs and
specialized agencies concerned with furnishing technical assistance
any matters arising out of 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.
 International Covenant on Economic, Social and Cultural

PART IV
Article 23
The State Parties to the present Covenant agree that
international action for the achievement of the rights recognized in
the present Covenant includes such methods as the conclusion of
conventions, the adoption of recommendations, the furnishing of
technical assistance and the holding of regional meetings and
technical meetings for the purpose of consultation and study
organized in conjunction with the Government concerned.
 International Covenant on Economic, Social and Cultural

PART IV
Article 24
Nothing in the present Covenant shall be interpreted as
impairing the provisions of the Charter of the United Nations and of
the constitutions of the specialized agencies which define the
respective responsibilities of the various organs of the United
Nations and of the specialized agencies in regard to the matters dealt
with in the present Covenant.
 International Covenant on Economic, Social and Cultural

PART IV
Article 25
Nothing in the present Covenant shall be interpreted as
impairing the inherent right of all people to enjoys and utilize fully
and freely their natural wealth and resources.
 International Covenant on Economic, Social and Cultural

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 Statue of the International
Court of 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. Instruments of
ratification shall be deposited with the Secretary-General of the
United Nations.
 International Covenant on Economic, Social and Cultural

PART V
Article 26
3. The present Covenant shall be open to accession by any State
referred to in paragraph 1 of this article.
4. Accession shall e affected 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 of each instrument of ratification or accession.
 International Covenant on Economic, Social and Cultural

PART V
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-fifth instrument of ratification or instrument
of accession.
2. For each State ratifying the present Covenant or acceding to it
after the deposit of the thirty-fifth instrument of ratification or
instrument of 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.
 International Covenant on Economic, Social and Cultural

PART V
Article 28

The provisions of the present Covenant shall extend to all parts

of federal States without any limitations.
 International Covenant on Economic, Social and Cultural

PART V
Article 29
1. Any State party to the present Covenant may propose an
amendment and file it with the Secretary-General shall thereupon
communicate any proposed amendments to the States Parties to
the present Covenant with a request that they notify him whether
they favour a conference of States parties for the purpose of
considering and voting upon the proposals. In the event that at
least one third of the States Parties FAVOR such a conference, the
Secretary-General shall convene the conference under the
auspices of the United Nations. Any amendment adopted by a
 International Covenant on Economic, Social and Cultural

PART V
Article 29
1. 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. Amendments shall come into force when they have been
approved by the General Assembly of the United Nations and
accepted by a two-thirds majority of the States Parties to the
present Covenant in accordance with their respective
constitutional processes.
 International Covenant on Economic, Social and Cultural

PART V
Article 29
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.
 International Covenant on Economic, Social and Cultural

PART V
Article 30
Irrespective of the notifications made under article 26,
paragraph 5, the Secretary-General 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 present Covenant under
article 27 and the date of the entry into force of any
amendments under article 29.
 International Covenant on Economic, Social and Cultural

PART V
Article 31
1. The present Covenant, of which 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 State referred to in
article 26.
END
In a short bondpaper,
illustrate the rights you
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Submission: Oct. 23, 2024

FINALS
  International Covenant on Civil and Political Rights

The International Covenant on Civil and Political Rights

(ICCPR) is a multilateral treaty adopted by United Nations General
Assembly Resolution 2200A (XXI) on 16 December 1966, and in
force from 23 March 1976 in accordance with Article 49 of the
covenant. As of September 2019, the Covenant has 173 parties and
six more signatories without ratification.
The ICCPR is monitored by the United Nations Human Rights
Committee (a separate body to the United Nations Human Rights
Council), which reviews regular reports of States parties on how the
rights are being implemented. The committee normally meets in
Geneva and normally holds three sessions per year.
  International Covenant on Civil and Political Rights

PART I
Article 1
1. All people have the right of self-determination. By virtues 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 prejudice 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 won means of subsistence.
  International Covenant on Civil and Political Rights

PART I
Article 1
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.
  International Covenant on Civil and Political Rights

PART II
Article 2
1. Each States Party to the present Covenant undertakes to respect
and to ensure to all individuals within its territory and subject to
its jurisdiction the rights recognized in the present Covenant,
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.
  International Covenant on Civil and Political Rights

PART II
Article 2
2. Where not already provided for by existing legislative or other
measures, each State Party to the present Covenant undertakes to
take the necessary steps, in accordance with its constitutional
processes and with the provisions of the present Covenant, to
adopt such laws or other measures as may be necessary to give
effect to the rights recognized in the present Covenant.
  International Covenant on Civil and Political Rights

PART II
Article 2
3. Each State Party to the present Covenant undertakes:
a) To ensure that any person whose rights or freedoms as herein
recognized are violated shall have an effective remedy, not
withstanding that the violation has been committed by persons
acting in an official capacity;
b) To ensure that any person claiming such a remedy shall have
his right thereto determined by competent judicial,
administrative or legislative authorities, or by any other
competent authority provided for by legal (continue….)
  International Covenant on Civil and Political Rights

PART II
Article 2
3. Each State Party to the present Covenant undertakes:
b) system of the State, and to develop the possibilities of judicial
remedy;
c) To ensure that the competent authorities shall enforce such
remedies when granted.
  International Covenant on Civil and Political Rights

PART II
Article 3

The States Parties to the present Covenant undertake to ensure

the equal rights of men and women to the enjoyment of all civil
political rights set forth in the present Covenant.
  International Covenant on Civil and Political Rights

PART II
Article 4
1. In time of public emergency which threatens the life of the nation
and the existence of which is officially proclaimed, the States
Parties to the present Covenant may take measures derogating
from their obligations under the present Covenant to the extent
strictly required by the exigencies of the situation, provided that
such measures are not inconsistent with their other obligations
under international law and do not involve discrimination solely
on the ground of race, color, sex, language, religion or social
origin.
  International Covenant on Civil and Political Rights

PART II
Article 4
2. No derogation from articles 6, 7, 8, 11, 15, 16, and 18 may be
made under this provision.
3. Any State Party to the present Covenant availing itself of the right
of derogation shall immediately inform the other States Parties to
the Present Covenant, through the intermediary of the Secretary-
General of the United Nations, of the provisions form which it
has derogated and of the reasons by which it was actuated. A
further communication shall be made, through the same
intermediary, on the date on which it terminates such derogation.
  International Covenant on Civil and Political Rights

PART II
Article 5
1. Nothing in the present Covenant may be interpreted as implying for
any State, group or person any right to engage in any activity or
perform any act aimed at the destruction of any of the rights and
freedoms recognized herein or at their limitation to a greater extent
than is provided for in the present Covenant.
2. There shall be no restriction upon or derogation from any of the
fundamental human rights recognized or existing in any State Party to
the present Covenant pursuant to law, conventions, regulations or
custom on the pretext that the present Covenant does not recognize
such rights or that it recognizes them to a lesser extent.
  International Covenant on Civil and Political Rights

PART II
Article 6
1. Every human being has the inherent right o life. This right shall
be protected by law. No one shall be arbitrarily deprived of his
life.
2. In countries which have not abolished the death penalty, sentence
of death may be imposed only for the most serious crimes in
accordance with the law in force at the time of the commission of
the crime and not contrary to the provisions of the present
Covenant and to the Convention on the Prevention and
Punishment of the Crime of Genocide.
  International Covenant on Civil and Political Rights

PART III
Article 6
3. When deprivation of life constitutes the crime of genocide, it is
understood that nothing in this article shall authorize any State
Party to the present Covenant to derogate in any way from any
obligation assumed under the provisions of the Convention on the
Prevention and Punishment of the Crime of Genocide.
4. Anyone sentenced to death shall have the right to seek pardon or
commutation of the sentence. Amnesty, pardon or commutation of
the sentence of death may be granted in all cases.
  International Covenant on Civil and Political Rights

PART III
Article 6
5. Sentence of death shall not be imposed for crimes committed by
persons below eighteen years of age and shall not be carried out
on pregnant women.
6. Nothing in this article shall be invoked to delay or to prevent the
abolition of capital punishment by any State Party to the present
Covenant.
  International Covenant on Civil and Political Rights

PART III
Article 7
None shall be subjected to torture or to cruel, inhuman or
degrading treatment or punishment. In particular, no one shall be
subjected without his free consent to medical or scientific
experimentation.
  International Covenant on Civil and Political Rights

PART III
Article 8
1. No one shall be held in slavery; slavery and the slave-trade in all
their forms shall be prohibited.
2. No one shall be held in servitude.
a) No one shall be required to perform forced or compulsory labor;
b) Paragraph
i. Shall not be held to preclude, in countries where
imprisonment with hard labor may be imposed as a
punishment for a crime, the performance of hard labor in
pursuance of a sentence to such punishment by a competent
court;
  International Covenant on Civil and Political Rights

PART III
Article 8
c) For the purpose of this paragraph the term “forced or compulsory
labor” shall not include:
i. Any work or service, not referred to in subparagraph;
a. Normally required of a person who is under detention in
consequence of a lawful order of a court, or of a person
during conditional release from such detention;
ii. Any service of a military character and, in countries where
conscientious objection is recognized, any national service
required by law of conscientious objectors;
  International Covenant on Civil and Political Rights

PART III
Article 8
iii. Any service exacted in cases of emergency or calamity
threatening the life or well-being of the community;

iv. Any work or service which forms part of normal civil

obligations.
  International Covenant on Civil and Political Rights

PART III
Article 9
1. Everyone has the right to liberty and security of person. No one
shall be subjected to arbitrary arrest or detention. No one shall be
deprived of his liberty except on such grounds and in accordance
with such procedure as are established by law.

2. Anyone who is arrested shall be informed, at the time of arrest, of

the reasons for his arrest and shall be promptly informed of any
charges against him.
  International Covenant on Civil and Political Rights

PART III
Article 9
3. Anyone arrested or detained on a criminal charge shall be brought
promptly before a judge or other officer authorized by law to
exercise judicial power and shall be entitled to trial within a
reasonable time or to release. It shall not be the general rule that
persons awaiting trial shall be detained in custody, but release
may be subject to guarantees to appear for trial, at any other stage
of the judicial proceedings, and should occasion arise, for
execution of the judgement.
  International Covenant on Civil and Political Rights

PART III
Article 9
4. Anyone who is deprived of his liberty by arrest or detention shall
be entitled to take proceedings before a court, in order that that
court may decide without delay on the lawfulness of his detention
and order his release if the detention is not lawful.

5. Anyone who has been the victim of unlawful arrest or detention

shall have an enforceable right to compensation.
  International Covenant on Civil and Political Rights

PART III
Article 10
1. All person deprived of their liberty shall be treated with humanity
and with respect for the inherent dignity of the human person.

2. a.) Accused persons shall, save in exceptional circumstances, be

segregated from convicted persons and shall be subject to
separate treatment appropriate to their status as unconvicted
persons;
b.) Accused juvenile persons shall be separated from adults and
brought as speedily as possible for adjudication.
  International Covenant on Civil and Political Rights

PART III
Article 10
3. The penitentiary system shall comprise treatment of prisoners the
essential aim of which shall be their reformation and social
rehabilitation. Juvenile offenders shall be segregated from adults
and be accorded treatment appropriate to their age and legal
status.
Article 11
No one shall be imprisoned merely on the ground of inability to
fulfil a contractual obligation.
  International Covenant on Civil and Political Rights

PART III
Article 12
1. Everyone lawfully within the territory of a State shall, within that
territory, have the right to liberty of movement and freedom to choose
his residence.
2. Everyone shall be free to leave any country, including his own.
3. The above-mentioned rights shall not be subject to any restrictions
except those who 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 recognized in the
present Covenant.
4. No one shall be arbitrarily deprived of the right to enter his own country.
  International Covenant on Civil and Political Rights

PART III
Article 13
An alien lawfully in the territory of a State Party to present
Covenant may be expelled therefrom only in pursuance of a decision
reached in accordance with law and shall, except where compelling
reasons of national security otherwise require, be allowed to submit
the reasons against his expulsion and to have his case reviewed by,
and be represented for the purpose before, the competent authority or
a person or persons especially designated by the competent authority.
  International Covenant on Civil and Political Rights

PART III
Article 14
1. All persons shall be equal before the courts and tribunals. In the
determination of any criminal charge against him, or if his rights
and obligations in suit at law, everyone shall be entitled to a fair
and public hearing by a competent, independent and impartial
tribunal established by law.

2. Everyone charged with a criminal offence shall have the right to

be presumed innocent until proved guilty according to law.
  International Covenant on Civil and Political Rights

PART III
Article 14
3. In the determination of any criminal charge against him, everyone
shall be entitled to the following minimum guarantees, in full
equality:
a) To be informed promptly and in detail in a language which he
understands of the nature and cause of the charge against him;
b) To have adequate time and facilities for the preparation of his
defense and to communicate with counsel of his own choosing;
c) To be tried without undue delay;
  International Covenant on Civil and Political Rights

PART III
Article 14
d) To be tried in his presence, and to defend himself in person or
through legal assistance of his own choosing; to be informed,
if he does not have legal assistance, of his right; and to have
legal assistance assigned to him, in any case where the
interests of justice so require, and without payment by him in
any such case if he does not have sufficient means to pay for it;
e) To examine, or have examined, the witnesses against him and
to obtain the attendance and examination of witnesses on his
behalf under the same conditions as witnesses against him;
  International Covenant on Civil and Political Rights

PART III
Article 14
f) To have the free assistance of an interpreter if he cannot
understand or speak the language used in court;
g) Not to be compelled to testify against himself or to confess
guilt.
4. In the case of juvenile persons, the procedure shall be such as will
take account of their age and the desirability of promoting their
rehabilitation.
5. Everyone convicted of a crime shall have the right to his conviction
and sentence being reviewed by a higher tribunal according to law.
  International Covenant on Civil and Political Rights

PART III
Article 14
6. When a person has by a final decision been convicted of a
criminal offence and when subsequently his conviction has been
reversed or he has been pardoned on the ground that a new or
newly discovered fact shows conclusively that there has been a
miscarriage of justice, the person who has suffered punishment as
a result of such conviction shall be compensated according to law,
unless it is proved that the non-disclosure of the unknown fact in
time is wholly or partly attributable to him.
  International Covenant on Civil and Political Rights

PART III
Article 14
7. No one shall be liable to be tried or punished again for an offence
for which he has already been finally convicted or acquitted in
accordance with the law and penal procedure of each country.
  International Covenant on Civil and Political Rights

PART III
Article 15
1. 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 it was committed.
Nor shall a heavier penalty be imposed than the one that was
applicable at the time when the criminal offence was committed.
If, subsequent to the commission of the offence, provision is
made by law for the imposition of the lighter penalty, the offender
shall benefit thereby.
  International Covenant on Civil and Political Rights

PART III
Article 15
2. Nothing in this article shall prejudice the trial and punishment of
any person for any act or omission which, at the time when it was
committed, was criminal according to the general principles of
law recognized by the community of nations.
  International Covenant on Civil and Political Rights

PART III
Article 16
Everyone shall have the right to recognition everywhere as a
person before the law.
Article 17
1. No one shall be subjected to arbitrary or unlawful interference
with his privacy, family, home, or correspondence, nor to
unlawful attacks on his honour and reputation.
2. Everyone has the right to the protection of the law against such
interference or attacks.
  International Covenant on Civil and Political Rights

PART III
Article 18
1. Everyone shall have 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.

2. No one shall be subjected to coercion which would impair his

freedom to have or to adopt a religion or belief of his choice.
  International Covenant on Civil and Political Rights

PART III
Article 18
3. Freedom to manifest one’s religion or beliefs may be subject only
to such limitations as are prescribed by law and are necessary to
protect public safety, order, heath, or morals or the fundamental
rights and freedoms of others.
4. The States Parties to the present Covenant undertake to have
respect for the liberty of parents and when applicable, legal
guardians to ensure the religious and moral education of their
children in conformity with their own convictions.
  International Covenant on Civil and Political Rights

PART III
Article 19
1. Everyone shall have the right to hold opinions without
interference.

2. Everyone shall have the right to freedom of expression; this right

shall include freedom to seek, receive and impart information and
ideas of all kinds, regardless of frontiers, either orally, in writing
or in print, in the form of art, or through any other media of his
choice.
  International Covenant on Civil and Political Rights

PART III
Article 19
3. The exercise of the rights provided for in paragraph 2 of this
article carries with it special duties and responsibilities. It may
therefore be subject to certain restrictions, but these shall only be
such as are provided by law and are necessary:
a) For respect of the rights or reputations of others;
b) For the protection of national security or public order (order
public), or of public health or morals.
  International Covenant on Civil and Political Rights

PART III
Article 20
1. Any propaganda for war shall be prohibited by law.
2. Any advocacy of national, racial or religious hatred that
constitutes incitement to discrimination, hostility or violence shall
be prohibited by law.
  International Covenant on Civil and Political Rights

PART III
Article 21

The right of peaceful assembly shall be recognized. No

restrictions may be placed on the exercise 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, the protection of public health or morals or the
protection of the rights and freedoms of others.
  International Covenant on Civil and Political Rights

PART III
Article 21
1. Everyone shall have the right to freedom of association with others,
including the right to form and join trade unions for the protection of
his interests.
2. No restrictions may be placed on the exercise of this right other than
those which are prescribed by law and which are necessary in a
democratic society in the interests of national security or public safety,
public order, the protection of public health or morals or the protection
of the rights and freedoms of others. This article shall not prevent the
imposition of lawful restrictions on members of the armed forces and
of the police in their exercise of this rights.
  International Covenant on Civil and Political Rights

PART III
Article 22
3. Nothing in this article shall authorize State Parties to the
International Labor Organization Convention of 1948 concerning
Freedom of Association and Protection of the Right to Organize
to take legislative measures which would prejudice, or to apply
the law in such a manner as to prejudice, the guarantees provided
for in that Convention.
  International Covenant on Civil and Political Rights

PART III
Article 23
1. The family is the natural and fundamental group unit of society
and is entitled to protection by society and the State.
2. The right of men and women of marriageable age to marry and to
found a family shall be recognized.
3. No marriage shall be entered into without the free and full
consent of the intending spouses.
4. State Parties to the present Covenant shall take appropriate steps
to ensure equality of rights and responsibilities of spouses as to
marriage, during marriage and at its dissolution.
  International Covenant on Civil and Political Rights

PART III
Article 24
1. Every child shall have, without any discrimination as to race,
colour, sex, language, religion, national or social origin, property
or birth, the right to such measures of protection as are required
by his status as a minor, on the part of his family, society and the
State.
2. Every child shall be registered immediately after birth and shall
have a name.
3. Every child has the right to acquire a nationality.
  International Covenant on Civil and Political Rights

PART III
Article 25
Every citizen shall have the right and the opportunity, without any
of the distinctions mentioned in article 2 and without unreasonable
restrictions:
a) To take part in the conduct of public affairs, directly or through
freely chosen representatives;
b) To vote and to be elected at genuine periodic elections which shall
be by universal and equal suffrage and shall be held by secret
ballot, guaranteeing the free expression of the will of the electors;
c) To have access, on general terms of equality, to public service in his
country.
  International Covenant on Civil and Political Rights

PART III
Article 26

All persons are equal before the law and are entitled without
any discrimination to the equal protection of the law. In this respect,
the law shall prohibit any discrimination and guarantee to all persons
equal and effective protection against discrimination on any ground
such as race, colour, sex, language, religion, political or other
opinion, national or social origin, property, birth or other status.
  International Covenant on Civil and Political Rights

PART III
Article 27

In those States in which ethnic, religious or linguistic

minorities exist, persons belonging to such minorities shall not be
denied the right, in community with the other members of their
group, to enjoy their own culture, to profess and practise their own,
or to use their own language.
  International Covenant on Civil and Political Rights

PART IV
Article 28
1. There shall be established a Human Rights Committee (hereafter
referred to in the present Covenant as the Committee). It shall
consists of eighteen members and shall carry out the functions
hereinafter provided.
2. The Committee shall be composed of nationals of the States
Parties to the present Covenant who shall be persons of high
moral character and recognized competence in the field of human
rights, consideration being given to the usefulness of the
participation of some persons having legal experience.
  International Covenant on Civil and Political Rights

PART IV
Article 28
3. The members of the Committee shall be elected and shall serve in
their personal capacity.
  International Covenant on Civil and Political Rights

PART IV
Article 29
1. The members of the Committee shall be elected by secret ballot
from a list of persons possessing the qualifications prescribed in
article 28 and nominated for the purpose by the States Parties to
the present Covenant.