Universal
Human Rights Declaration
PREAMBLE
Whereas recognition of the inherent
dignity and of the equal and inalienable rights of all members of the human
family is the foundation of freedom, justice and peace in the world,
Whereas disregard and contempt for
human rights have resulted in barbarous acts which have outraged the conscience
of mankind, and the advent of a world in which human beings shall enjoy freedom
of speech and belief and freedom from fear and want has been proclaimed as the
highest aspiration of the common people,
Whereas it is essential, if man is
not to be compelled to have recourse, as a last resort, to rebellion against
tyranny and oppression, that human rights should be protected by the rule of
law,
Whereas it is essential to promote
the development of friendly relations between nations,
Whereas the peoples of the United
Nations have in the Charter reaffirmed their faith in fundamental human rights,
in the dignity and worth of the human person and in the equal rights of men and
women and have determined to promote social progress and better standards of
life in larger freedom,
Whereas Member States have pledged
themselves to achieve, in co-operation with the United Nations, the promotion
of universal respect for and observance of human rights and fundamental
freedoms,
Whereas a common understanding of
these rights and freedoms is of the greatest importance for the full
realization of this pledge,
Now, Therefore THE GENERAL ASSEMBLY
proclaims THIS UNIVERSAL DECLARATION OF HUMAN RIGHTS as a common standard of achievement for all peoples and all
nations, to the end that every individual and every organ of society, keeping
this Declaration constantly in mind, shall strive by teaching and education to
promote respect for these rights and freedoms and by progressive measures,
national and international, to secure their universal and effective recognition
and observance, both among the peoples of Member States themselves and among
the peoples of territories under their jurisdiction.
- 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.
- 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.
- Everyone has the right to life, liberty and security of person.
- No one shall be held in slavery or servitude; slavery and the slave trade shall be prohibited in all their forms.
- No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.
- Everyone has the right to recognition everywhere as a person before the law.
- 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.
- Everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the constitution or by law.
- No one shall be subjected to arbitrary arrest, detention or exile.
- Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of his rights and obligations and of any criminal charge against him.
- (1) Everyone charged with a penal offence has the right to be presumed innocent until proved guilty according to law in a public trial at which he has had all the guarantees necessary for his defence.
- (2) No one shall be held guilty of any penal offence on account of any act or omission which did not constitute a penal offence, under national or international law, at the time when it was committed. Nor shall a heavier penalty be imposed than the one that was applicable at the time the penal offence was committed.
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.
- (1) Everyone has the right to freedom of movement and residence within the borders of each state.
- (2) Everyone has the right to leave any country, including his own, and to return to his country.
- (1) Everyone has the right to seek and to enjoy in other countries asylum from persecution.
- (2) This right may not be invoked in the case of prosecutions genuinely arising from non-political crimes or from acts contrary to the purposes and principles of the United Nations
- (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.
- (1) Men and women of full age, without any limitation due to race, nationality or religion, have the right to marry and to found a family. They are entitled to equal rights as to marriage, during marriage and at its dissolution.
- (2) Marriage shall be entered into only with the free and full consent of the intending spouses.
- (3) The family is the natural and fundamental group unit of society and is entitled to protection by society and the State.
- (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.
- 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.
- 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.
- (1) Everyone has the right to freedom of peaceful assembly and association.
- (2) No one may be compelled to belong to an association.
- (1) Everyone has the right to take part in the government of his country, directly or through freely chosen representatives.
- (2) Everyone has the right of equal access to public service in his country.
- (3) The will of the people shall be the basis of the authority of government; this will shall be expressed in periodic and genuine elections which shall be by universal and equal suffrage and shall be held by secret vote or by equivalent free voting procedures.
- 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.
- (1) Everyone has the right to work, to free choice of employment, to just and favourable conditions of work and to protection against unemployment.
- (2) Everyone, without any discrimination, has the right to equal pay for equal work.
- (3) Everyone who works has the right to just and favourable remuneration ensuring for himself and his family an existence worthy of human dignity, and supplemented, if necessary, by other means of social protection.
- (4) Everyone has the right to form and to join trade unions for the protection of his interests.
- Everyone has the right to rest and leisure, including reasonable limitation of working hours and periodic holidays with pay.
- (1) Everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control.
- (2) Motherhood and childhood are entitled to special care and assistance. All children, whether born in or out of wedlock, shall enjoy the same social protection.
- (1) Everyone has the right to education. Education shall be free, at least in the elementary and fundamental stages. Elementary education shall be compulsory. Technical and professional education shall be made generally available and higher education shall be equally accessible to all on the basis of merit.
- (2) Education shall be directed to the full development of the human personality and to the strengthening of respect for human rights and fundamental freedoms. It shall promote understanding, tolerance and friendship among all nations, racial or religious groups, and shall further the activities of the United Nations for the maintenance of peace.
- (3) Parents have a prior right to choose the kind of education that shall be given to their children.
- (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.
- Everyone is entitled to a social and international order in which the rights and freedoms set forth in this Declaration can be fully realized.
- (1) Everyone has duties to the community in which alone the free and full development of his personality is possible.
- (2) In the exercise of his rights and freedoms, everyone shall be subject only to such limitations as are determined by law solely for the purpose of securing due recognition and respect for the rights and freedoms of others and of meeting the just requirements of morality, public order and the general welfare in a democratic society.
- (3) These rights and freedoms may in no case be exercised contrary to the purposes and principles of the United Nations.
- Nothing in this Declaration may be interpreted as implying for any State, group or person any right to engage in any activity or to perform any act aimed at the destruction of any of the rights and freedoms set forth herein.
ASEAN HUMAN RIGHTS DECLARATION
Source: http://www.asean.org/news/asean-statement-communiques/item/asean-human-rights-declaration
WE, the Heads of State/Government of the Member
States of the Association of Southeast Asian Nations (hereinafter referred to
as "ASEAN"), namely Brunei Darussalam, the Kingdom of Cambodia, the
Republic of Indonesia, the Lao People's Democratic Republic, Malaysia, the
Republic of the Union of Myanmar, the Republic of the Philippines, the Republic
of Singapore, the Kingdom of Thailand and the Socialist Republic of Viet Nam,
on the occasion of the 21st ASEAN Summit in Phnom Penh, Cambodia.
REAFFIRMING our adherence to the purposes and
principles of ASEAN as enshrined in the ASEAN Charter, in particular the
respect for and promotion and protection of human rights and fundamental
freedoms, as well as the principles of democracy, the rule of law and good
governance;
REAFFIRMING FURTHER our commitment to the
Universal Declaration of Human Rights, the Charter of the United Nations, the
Vienna Declaration and Programme of Action, and other international human
rights instruments to which ASEAN Member States are parties;
REAFFIRMING ALSO the importance of ASEAN’s
efforts in promoting human rights, including the Declaration of the Advancement
of Women in the ASEAN Region and the Declaration on the Elimination of Violence
against Women in the ASEAN Region;
CONVINCED that this Declaration will help
establish a framework for human rights cooperation in the region and contribute
to the ASEAN community building process;
HEREBY DECLARE AS FOLLOWS:
GENERAL PRINCIPLES
1. All persons 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 humanity.
2. Every person is entitled to the rights and
freedoms set forth herein, without distinction of any kind, such as race,
gender, age, language, religion, political or other opinion, national or social
origin, economic status, birth, disability or other status.
3. Every person has the right of recognition
everywhere as a person before the law. Every person is equal before the
law. Every person is entitled without discrimination to equal protection of the
law.
4. The rights of women, children, the elderly,
persons with disabilities, migrant workers, and vulnerable and marginalised
groups are an inalienable, integral and indivisible part of human rights and
fundamental freedoms.
5. Every person has the right to an effective and
enforceable remedy, to be determined by a court or other competent authorities,
for acts violating the rights granted to that person by the constitution or by
law.
6. The enjoyment of human rights and fundamental
freedoms must be balanced with the performance of corresponding duties as every
person has responsibilities to all other individuals, the community and the
society where one lives. It is ultimately the primary responsibility of all
ASEAN Member States to promote and protect all human rights and fundamental
freedoms.
7. All human rights are universal, indivisible,
interdependent and interrelated. All human rights and fundamental freedoms in
this Declaration must be treated in a fair and equal manner, on the same
footing and with the same emphasis. At the same time, the realisation of human
rights must be considered in the regional and national context bearing in mind
different political, economic, legal, social, cultural, historical and religious
backgrounds.
8. The human rights and fundamental freedoms of
every person shall be exercised with due regard to the human rights and
fundamental freedoms of others. The exercise of human rights and
fundamental freedoms shall be subject only to such limitations as are
determined by law solely for the purpose of securing due recognition for the
human rights and fundamental freedoms of others, and to meet the just
requirements of national security, public order, public health, public safety,
public morality, as well as the general welfare of the peoples in a democratic
society.
9. In the realisation of the human rights and
freedoms contained in this Declaration, the principles of impartiality,
objectivity, non-selectivity, non-discrimination, non-confrontation and
avoidance of double standards and politicisation, should always be upheld. The
process of such realisation shall take into account peoples’ participation,
inclusivity and the need for accountability.
CIVIL AND POLITICAL RIGHTS
10. ASEAN Member States affirm all the civil and
political rights in the Universal Declaration of Human Rights. Specifically,
ASEAN Member States affirm the following rights and fundamental freedoms:
11. Every person has an inherent right to life
which shall be protected by law. No person shall be deprived of life save in
accordance with law.
12. Every person has the right to personal
liberty and security. No person shall be subject to arbitrary arrest, search,
detention, abduction or any other form of deprivation of liberty.
13. No person shall be held in servitude or
slavery in any of its forms, or be subject to human smuggling or trafficking in
persons, including for the purpose of trafficking in human organs.
14. No person shall be subject to torture or to
cruel, inhuman or degrading treatment or punishment.
15. Every person has the right to freedom of
movement and residence within the borders of each State. Every person has the
right to leave any country including his or her own, and to return to his or
her country.
16. Every person has the right to seek and
receive asylum in another State in accordance with the laws of such State and
applicable international agreements.
17. Every person has the right to own, use,
dispose of and give that person’s lawfully acquired possessions alone or in
association with others. No person shall be arbitrarily deprived of such
property.
18. Every person has the right to a nationality
as prescribed by law. No person shall be arbitrarily deprived of such
nationality nor denied the right to change that nationality.
19. The family as the natural and fundamental
unit of society is entitled to protection by society and each ASEAN Member
State. Men and women of full age have the right to marry on the basis of their
free and full consent, to found a family and to dissolve a marriage, as
prescribed by law.
20. (1) Every person charged with a criminal
offence shall be presumed innocent until proved guilty according to law in a
fair and public trial, by a competent, independent and impartial tribunal, at which
the accused is guaranteed the right to defence.
(2) No person 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 when it was
committed and no person shall suffer greater punishment for an offence than was
prescribed by law at the time it was committed.
(3) No person shall be liable to be tried or
punished again for an offence for which he or she has already been finally
convicted or acquitted in accordance with the law and penal procedure of each
ASEAN Member State.
21. Every person has the right to be free from arbitrary interference with his or her privacy, family, home or correspondence including personal data, or to attacks upon that person’s honour and reputation. Every person has the right to the protection of the law against such interference or attacks.
21. Every person has the right to be free from arbitrary interference with his or her privacy, family, home or correspondence including personal data, or to attacks upon that person’s honour and reputation. Every person has the right to the protection of the law against such interference or attacks.
22. Every person has the right to freedom of
thought, conscience and religion. All forms of intolerance, discrimination and
incitement of hatred based on religion and beliefs shall be eliminated.
23. Every person has the right to freedom of
opinion and expression, including freedom to hold opinions without interference
and to seek, receive and impart information, whether orally, in writing or
through any other medium of that person’s choice.
24. Every person has the right to freedom of
peaceful assembly.
25. (1) Every person who is a citizen of
his or her country has the right to participate in the government of his or her
country, either directly or indirectly through democratically elected
representatives, in accordance with national law.
(2) Every citizen has the right to vote in
periodic and genuine elections, which should be by universal and equal suffrage
and by secret ballot, guaranteeing the free expression of the will of the
electors, in accordance with national law.
ECONOMIC, SOCIAL AND CULTURAL RIGHTS
26. ASEAN Member States affirm all the economic,
social and cultural rights in the Universal Declaration of Human Rights.
Specifically, ASEAN Member States affirm the following:
27. (1) Every person has the right to work, to
the free choice of employment, to enjoy just, decent and favourable conditions
of work and to have access to assistance schemes for the unemployed.
(2) Every person has the right to form trade
unions and join the trade union of his or her choice for the protection of his
or her interests, in accordance with national laws and regulations.
(3) No child or any young person shall be subjected
to economic and social exploitation. Those who employ children and young people
in work harmful to their morals or health, dangerous to life, or likely to
hamper their normal development, including their education should be punished
by law. ASEAN Member States should also set age limits below which the
paid employment of child labour should be prohibited and punished by law.
28. Every person has the right to an adequate standard of living for himself
or herself and his or her family including:a. The right to adequate and affordable food, freedom from hunger and access to safe and nutritious food;
b. The right to clothing;
c. The right to adequate and affordable housing;
d. The right to medical care and necessary social services;
e. The right to safe drinking water and sanitation;
f. The right to a safe, clean and sustainable environment.
29. (1) Every person has the right to the
enjoyment of the highest attainable standard of physical, mental and
reproductive health, to basic and affordable health-care services, and to have
access to medical facilities.
(2) The ASEAN Member States shall create a
positive environment in overcoming stigma, silence, denial and discrimination
in the prevention, treatment, care and support of people suffering from
communicable diseases, including HIV/AIDS.
30. (1) Every person shall have the right
to social security, including social insurance where available, which assists
him or her to secure the means for a dignified and decent existence.
(2) Special protection should be accorded to
mothers during a reasonable period as determined by national laws and
regulations before and after childbirth. During such period, working mothers
should be accorded paid leave or leave with adequate social security benefits.
(3) Motherhood and childhood are entitled
to special care and assistance. Every child, whether born in or out of wedlock,
shall enjoy the same social protection.
31. (1) Every person has the right to
education.
(2) Primary education shall be compulsory and
made available free to all. Secondary education in its different forms shall be
available and accessible to all through every appropriate means. Technical and
vocational education shall be made generally available. Higher education shall
be equally accessible to all on the basis of merit.
(3) Education shall be directed to the full
development of the human personality and the sense of his or her dignity.
Education shall strengthen the respect for human rights and fundamental
freedoms in ASEAN Member States. Furthermore, education shall enable all
persons to participate effectively in their respective societies, promote
understanding, tolerance and friendship among all nations, racial and religious
groups, and enhance the activities of ASEAN for the maintenance of peace.
32. Every person has the right, individually or
in association with others, to freely take part in cultural life, to enjoy the
arts and the benefits of scientific progress and its applications and to
benefit from the protection of the moral and material interests resulting from
any scientific, literary or appropriate artistic production of which one is the
author.
33. ASEAN Member States should take steps,
individually and through regional and international assistance and cooperation,
especially economic and technical, to the maximum of its available resources,
with a view to achieving progressively the full realisation of economic, social
and cultural rights recognised in this Declaration.
34. ASEAN Member States may determine the extent
to which they would guarantee the economic and social rights found in this
Declaration to non-nationals, with due regard to human rights and the
organisation and resources of their respective national economies.
RIGHT TO DEVELOPMENT
35. The right to development is an inalienable
human right by virtue of which every human person and the peoples of ASEAN are
entitled to participate in, contribute to, enjoy and benefit equitably and
sustainably from economic, social, cultural and political development. The
right to development should be fulfilled so as to meet equitably the
developmental and environmental needs of present and future generations. While
development facilitates and is necessary for the enjoyment of all human rights,
the lack of development may not be invoked to justify the violations of
internationally recognised human rights.
36. ASEAN Member States should adopt meaningful
people-oriented and gender responsive development programmes aimed at poverty
alleviation, the creation of conditions including the protection and
sustainability of the environment for the peoples of ASEAN to enjoy all human
rights recognised in this Declaration on an equitable basis, and the
progressive narrowing of the development gap within ASEAN.
37. ASEAN Member States recognise that the implementation
of the right to development requires effective development policies at the
national level as well as equitable economic relations, international
cooperation and a favourable international economic environment. ASEAN Member
States should mainstream the multidimensional aspects of the right to
development into the relevant areas of ASEAN community building and beyond, and
shall work with the international community to promote equitable and
sustainable development, fair trade practices and effective international
cooperation.
RIGHT TO PEACE
38. Every person and the peoples of ASEAN have
the right to enjoy peace within an ASEAN framework of security and stability,
neutrality and freedom, such that the rights set forth in this Declaration can
be fully realised. To this end, ASEAN Member States should continue to
enhance friendship and cooperation in the furtherance of peace, harmony and
stability in the region.
COOPERATION IN THE PROMOTION AND PROTECTION OF HUMAN RIGHTS
39. ASEAN Member States share a common interest in and commitment to the promotion and protection of human rights and fundamental freedoms which shall be achieved through, inter alia, cooperation with one another as well as with relevant national, regional and international institutions/organisations, in accordance with the ASEAN Charter.
40. Nothing in this Declaration may be
interpreted as implying for any State, group or person any right to perform any
act aimed at undermining the purposes and principles of ASEAN, or at the
destruction of any of the rights and fundamental freedoms set forth in this
Declaration and international human rights instruments to which ASEAN Member
States are parties.
Adopted by the Heads of State/Government of ASEAN
Member States at Phnom Penh, Cambodia, this Eighteenth Day of November in the
Year Two Thousand and Twelve, in one single original copy in the English
Language.
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