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Know Your Rights
Aung Myo Min
HREIB
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Development of Human Rights
Religious ideasThe Hindu, the
Bible, theKoran, and the
Analects of
Confuciusaddressquestions ofpeoples duties,rights, andresponsibilities
the Code ofHammurabi,
Inca and Azteccodes ofconduct andjustice
Written documentsasserting individualrights,- the Magna Carta
(1215),- the English Bill ofRights (1689),-the FrenchDeclaration on theRights of Man and
Citizen (1789),-the US Constitutionand Bill of Rights(1791)
Efforts in the 19thcentury to prohibitthe slave trade andto limit the horrorsof war are primeexamples.In 1919,International
Labor
Organization
(ILO)establisheto protectingworkers
On December 10,1948, the
UniversalDeclaration of
Human Rights
(UDHR)wasadopted by the 56members of the
United Nations.
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United Nations definition of
human rightsHuman Rights are universal legal
guarantees protecting individuals andgroups against actions which interferewith fundamental freedoms and
human dignity.
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Some of the most important
characteristics of human rights are the
following:
They are internationally recognized
They are legally protected
They focus on the dignity of the human being They protect individuals and groups
They obligate State and State actors
They cannot be waived/taken away They are equal and interdependent
They are universal
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Human rights are:
Universaleveryone should enjoy human rightswithout discrimination as to sex, age, language,religion, or race
Inviolablehuman rights are an essential element of
ones humanity. It cannot be violated unless determinedby law and solely for the purpose of securing duerecognition and respect for the rights of others and ofmeeting the just requirements of the general welfare,morality and public order in a democratic society
Interdependent- certain rights cannot be sacrificed infavor of other rights because taken together, theserights make human beings whole.
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What are the different groups of rights
According to nature:
Civil rights- rights of individuals to be protected fromarbitrary interference by government in their life liberty and
security, freedom to travel, right to due process. Political rights- rights of individuals to interfere and
participate in the affairs of the governments e.g. right to vote,stand for election, participate in state and social management,
freedom of speech, press, assembly Social, economic and cultural rights-progressive demands
of the people to improve their standard of living. e.g. right toeducation, work, healthy and working environment, practice
of religion use of ones language and enjoy ones culture.
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According to recipient
Individual rights- Rights accorded to individuals suchas the rights to life, education, health, work.. rights tosuffrage: freedom of expression, freedom from torture,
right to speedy trial Collective/group rightsare rights given to a
specified vulnerable group which may be exercisedbecause of ones membership to such community such
as womens rights, childrens rights, indigenous peoples
rights
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Who is responsible to implement
human rights?
The STATE has the primary responsibility to:
Respectrequired refraining from interfering with
the enjoyment of the right Protectrequires the prevention of violations of
such rights by other persons or third party
Fulfillrequires States to take appropriatelegislative, administrative, budgetary, judicial andother measure towards the full realization of suchrights.
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Nature of human rights violation by
the state
Omissionthe non interference or inaction of thestate in any situation that requires action to respect,protect or fulfill the human rights of its citizen
Commission/ breach- any act by the government inviolation of any covenant or instrument on humanrights which the State is committed to uphold
Arbitrary derogationviolation due to arbitrarysuspension of liberty ( emergency rule, martial rules,authoritarian regime)
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What are international human rights
standard? What is the UDHR?
The UDHR is the minimum and common standard ofachievement for all peoples
The UN General Assembly adopted it on December
10, 1948. (Human Rights Day) It has 30 Articles 3-21 present the civil and political
rights.
Articles 22- 27 set forth for the economic, social and
cultural rights. Articles 28-30 set forth for the promotion, protection,
and fulfillment of the UDHR.
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UDHR Articles
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HUMAN RIGHTS INSTRUMENTS
ICERD International Convention on the Elimination of All Forms ofRacial Discrimination- 21 Dec 1965
ICCPR International Covenant on Civil and Political Rights - 16 Dec1966
ICESCR International Covenant on Economic, Social and CulturalRights - 16 Dec 1966
CEDAW Convention on the Elimination of All Forms ofDiscrimination against Women - 18 Dec 1979 CAT Convention against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment - 10 Dec 1984 CRC Convention on the Rights of the Child - 20 Nov 1989C
ICRMW International Convention on the Protection of the Rights of AllMigrant Workers and Members of Their Families - 18 Dec 1990 International Convention for the Protection of All Persons from
Enforced Disappearance - 20 Dec 2006 CRPD Convention on the Rights of Persons with Disabilities - 13 Dec
2006
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ICESCROP Optional Protocol of the Covenant on Economic, Socialand Cultural Rights- 10 Dec 2008
ICCPR-OP1 Optional Protocol to the International Covenant on Civiland Political Rights - 16 Dec 1966
ICCPR-OP2 Second Optional Protocol to the International Covenanton Civil and Political Rights, aiming at the abolition of the death penalty-15 Dec 1989
COP-CEDAW Optional Protocol to the Convention on the Eliminationof Discrimination against Women - 10 Dec 1999
OP-CRC- Optional protocol to the Convention on the Rights of theChild on the involvement of children in armed conflict- 25 May 2000
OP- CRC-Optional protocol to the Convention on the Rights of theChild on the sale of children, child prostitution and child pornography -25 May 2000
OP-CAT Optional Protocol to the Convention against Torture andOther Cruel, Inhuman or Degrading Treatment or Punishment -18 Dec2002
CRPD Optional Protocol to the Convention on the Rights of Personswith Disabilities - 12 Dec 2006
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CERD ICCPR ICESC CEDA
W
MWC CAT CRC CRPD
Afghanistan
Cambodia s s
India
Burma
Thailand
Pakistan
Malaysia
Bangladesh
Sir Lanka
Philippines
Indonesia S
Solomon
STATUS OF RATIFICATIONS http://www2.ohchr.org/english/law/
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CERD ICCPR ICESC CEDAW MWC CAT CRC CRPD
Mongolia
Japan
Vietnam
Laos
Fiji
Samoa
New Zealand
PNG
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