Content deleted Content added
+cv |
|||
Line 9: | Line 9: | ||
== Content == |
== Content == |
||
The VDPA reaffirmed the [[Universal Declaration of Human Rights]] and the [[United Nations Charter]]. Its Preamble states "The World Conference on Human Rights, Considering that the promotion and protection of human rights is a matter of priority for the international community, and that the Conference affords a unique opportunity to carry out a comprehensive analysis of the international human rights system and of the machinery for the protection of human rights, in order to enhance and thus promote a fuller observance of those rights, in a just and balanced manner." |
|||
The Preamble also states: "Invoking the spirit of our age and the realities of our time which call upon the peoples of the world and all States Members of the United Nations to rededicate themselves to the global task of promoting and protecting all human rights and fundamental freedoms so as to secure full and universal enjoyment of these rights ..." |
|||
===Looking back=== |
|||
The VDPA reflects the fact that the World Conference on Human Rights marked a turning point for human rights, as the [[Cold War]] had ended. The VDPA looks back, with the Preamble stating: |
|||
{{Quote|Recalling also the determination expressed in the Preamble of the Charter of the United Nations to save succeeding generations from the scourge of war, to establish conditions under which justice and respect for obligations arising from treaties and other sources of international law can be maintained, to promote social progress and better standards of life in larger freedom, to practice tolerance and good neighborliness, and to employ international machinery for the promotion of the economic and social advancement of all peoples.}} |
|||
===Human rights as relevant universal standard=== |
|||
The VDPA seeks to reaffirm human rights as universal and relevant standard. The Preamble states: "Emphasizing that the [[Universal Declaration of Human Rights]], which constitutes a common standard of achievement for all peoples and all nations, is the source of inspiration and has been the basis for the United Nations in making advances in standard setting as contained in the existing international human rights instruments, in particular the [[International Covenant on Civil and Political Rights]] and the [[International Covenant on Economic, Social and Cultural Rights]]." |
|||
The VDPA urges Governments, [[United Nations]], and other international organizations to increase the resources allocated to programmes to strengthen human rights awareness through training, teaching and education, popular participation and civil society (para. 34). |
|||
===Human rights as indivisible, interdependent and interrelated=== |
|||
The VDPA emphasizes that all human rights are of equal importance, seeking to end the qualitative division between [[civil and political rights]] and [[economic, social and cultural rights]], which was pronounced during the Cold War era. Part I, para 5 states that "All human rights are universal, indivisible and interdependent and interrelated. The international community must treat human rights globally in a fair and equal manner, on the same footing, and with the same emphasis. While the significance of national and regional particularities and various historical, cultural and religious backgrounds must be borne in mind, it is the duty of States, regardless of their political, economic and cultural systems, to promote and protect all human rights and fundamental freedoms." This phrase is also cited by the [[Declaration of Montreal]]<ref>[[Declaration of Montreal]] Section 2, "Global Issue"</ref> as well as [[The Yogyakarta Principles]]<ref>[[The Yogyakarta Principles]] Principle 1, (a)</ref> and the [[Convention on the Rights of Persons with Disabilities]].<ref>[[Convention on the Rights of Persons with Disabilities]] Preamble, (c)</ref> To this end, Part II, para 75 also encourages the Commission on Human Rights, in accordance with the [[Committee on Economic, Social and Cultural Rights]], to continue the examination of [[Optional Protocol to the International Covenant on Economic, Social and Cultural Rights]] on equal basis of the Optional Protocols to the International Covenant on Civil and Political Rights. |
|||
===Democracy, development and human rights, and the struggle against terrorism=== |
|||
The VDPA also draws a direct connection between respect for human rights, [[democracy]] and [[international development]], stating in Part I, para 8: "8. Democracy, development and respect for human rights and fundamental freedoms are interdependent and mutually reinforcing. Democracy is based on the freely expressed will of the people to determine their own political, economic, social and cultural systems and their full participation in all aspects of their lives. In the context of the above, the promotion and protection of human rights and fundamental freedoms at the national and international levels should be universal and conducted without conditions attached. The international community should support the strengthening and promoting of democracy, development and respect for human rights and fundamental freedoms in the entire world." In Part I, para 17: "The act, methods and practices of [[terrorism]] in all its form" as well as [[drug trafficking]] "are activities aimed at the destruction of human rights, fundamental freedom and democracy" and that "the international community should take necessary steps to enhance cooperation to prevent and combat terrorism". |
|||
===Poverty and social exclusion=== |
|||
The VDPA makes a direct link between [[poverty]] and the realisation of human rights. Part I, para 14 states: "The existence of widespread extreme poverty inhibits the full and effective enjoyment of human rights; its immediate alleviation and eventual elimination must remain a high priority for the international community." The VDPA stops short of declaring poverty a human rights violation in itself, but states in Part I, para 25 that: "25. The World Conference on Human Rights affirms that [[extreme poverty]] and [[social exclusion]] constitute a violation of human dignity and that urgent steps are necessary to achieve better knowledge of extreme poverty and its causes, including those related to the problem of development, in order to promote the human rights of the poorest, and to put an end to extreme poverty and social exclusion and to promote the enjoyment of the fruits of social progress. It is essential for States to foster participation by the poorest people in the [[decision making]] process by the community in which they live, the promotion of human rights and efforts to combat extreme poverty." |
|||
===Right to development=== |
|||
The VDPA reaffirms the [[right to development]], which is regarded as controversial by some human rights scholars and [[UN member states]]. Part I, para 9 reaffirms that [[least developed countries]] committed to the process of democratization and economic reforms, many of which are in [[Africa]], should be supported by the international community in order to succeed in their transition to democracy and [[economic development]]. And Part I, para 10 states: "The World Conference on Human Rights reaffirms the right to development, as established in the Declaration on the Right to Development, as a universal and inalienable right and an integral part of fundamental human rights. As stated in the Declaration on the Right to Development, the human person is the central subject of development. While development facilitates the enjoyment of all human rights, the lack of development may not be invoked to justify the abridgement of internationally recognized human rights. States should cooperate with each other in ensuring development and eliminating obstacles to development. The international community should promote an effective international cooperation for the realization of the right to development and the elimination of obstacles to development. Lasting progress towards the implementation of the right to development requires effective development policies at the national level, as well as equitable economic relations and a favourable economic environment at the international level." |
|||
Part I, para 11 goes on to state: "The right to development should be fulfilled so as to meet equitably the developmental and environmental needs of present and future generations. The World Conference on Human Rights recognizes that illicit dumping of toxic and dangerous substances and waste potentially constitutes a serious threat to the human rights to life and health of everyone. Consequently, the World Conference on Human Rights calls on all States to adopt and vigorously implement existing conventions relating to the dumping of toxic and dangerous products and waste and to cooperate in the prevention of illicit dumping. Everyone has the right to enjoy the benefits of scientific progress and its applications. The World Conference on Human Rights notes that certain advances, notably in the biomedical and life sciences as well as in information technology, may have potentially adverse consequences for the integrity, dignity and human rights of the individual, and calls for international cooperation to ensure that human rights and dignity are fully respected in this area of universal concern." |
|||
===Right to seek asylum and humanitarian aid=== |
===Right to seek asylum and humanitarian aid=== |
||
In Part I, para 23, the VDPA reaffirms that everyone, without distinction of any kind, is entitled to the right to seek and enjoy in other countries asylum from persecution, as well as the right to return to one's own country. In this respect it stresses the importance of the [[Universal Declaration of Human Rights]], the 1951 [[Convention relating to the Status of Refugees]], its 1967 Protocol and regional instruments. It expresses its appreciation to States that continue to admit and host large numbers of refugees in their territories, and to the [[Office of the United Nations High Commissioner for Refugees]] for its dedication to its task. It also expresses its appreciation to the [[United Nations Relief and Works Agency for Palestine Refugees in the Near East]]. The VDPA recognises that, in view of the complexities of the global refugee crisis and in accordance with the Charter of the United Nations, relevant international instruments and international solidarity and in the spirit of burden-sharing, a comprehensive approach by the international community is needed in coordination and cooperation with the countries concerned and relevant organisations, bearing in mind the mandate of the United Nations High Commissioner for Refugees. This should include the development of strategies to address the root causes and effects of movements of refugees and other displaced persons, the strengthening of emergency preparedness and response mechanisms, the provision of effective protection and assistance, bearing in mind the special needs of women and children, as well as the achievement of durable solutions, primarily through the preferred solution of dignified and safe voluntary repatriations, including solutions such as those adopted by the international refugee conferences. And underlines the responsibilities of States, particularly as they relate to the countries of origin. Regarding disasters, in accordance with the Charter of the United Nations and the principles of humanitarian law, VDPA emphasizes the importance of and the need for [[humanitarian aid]] to victims of all [[natural disaster]] and [[man-made disaster]]. |
In Part I, para 23, the VDPA reaffirms that everyone, without distinction of any kind, is entitled to the right to seek and enjoy in other countries asylum from persecution, as well as the right to return to one's own country. In this respect it stresses the importance of the [[Universal Declaration of Human Rights]], the 1951 [[Convention relating to the Status of Refugees]], its 1967 Protocol and regional instruments. It expresses its appreciation to States that continue to admit and host large numbers of refugees in their territories, and to the [[Office of the United Nations High Commissioner for Refugees]] for its dedication to its task. It also expresses its appreciation to the [[United Nations Relief and Works Agency for Palestine Refugees in the Near East]]. The VDPA recognises that, in view of the complexities of the global refugee crisis and in accordance with the Charter of the United Nations, relevant international instruments and international solidarity and in the spirit of burden-sharing, a comprehensive approach by the international community is needed in coordination and cooperation with the countries concerned and relevant organisations, bearing in mind the mandate of the United Nations High Commissioner for Refugees. This should include the development of strategies to address the root causes and effects of movements of refugees and other displaced persons, the strengthening of emergency preparedness and response mechanisms, the provision of effective protection and assistance, bearing in mind the special needs of women and children, as well as the achievement of durable solutions, primarily through the preferred solution of dignified and safe voluntary repatriations, including solutions such as those adopted by the international refugee conferences. And underlines the responsibilities of States, particularly as they relate to the countries of origin. Regarding disasters, in accordance with the Charter of the United Nations and the principles of humanitarian law, VDPA emphasizes the importance of and the need for [[humanitarian aid]] to victims of all [[natural disaster]] and [[man-made disaster]]. |
||
Line 54: | Line 26: | ||
===Women's rights and domestic violence=== |
===Women's rights and domestic violence=== |
||
{{Violence against women}} |
{{Violence against women}} |
||
The VDPA draws attention to the importance of [[women's rights]] and the rights of the "girl-child", Part I, para 18 stating: "The human rights of women and of the girl-child are an inalienable, integral and indivisible part of universal human rights. The full and equal participation of women in political, civil, economic, social and cultural life, at the national, regional and international levels, and the eradication of all forms of discrimination on grounds of sex are priority objectives of the [[international community]]." |
|||
The VDPA also explicitly recognises [[gender-based violence]], [[sexual harassment]] and exploitation, with Part I, para 18 going on to state: "Gender-based violence and all forms of sexual harassment and exploitation, including those resulting from cultural prejudice and international trafficking, are incompatible with the dignity and worth of the human person, and must be eliminated. This can be achieved by legal measures and through national action and international cooperation in such fields as economic and social development, education, safe maternity and health care, and social support." |
|||
The VDPA concludes by proclaiming [[women's rights]] and gender-based exploitation as legitimate issues for the international community. Part I, para 19 concluding that: "The human rights of women should form an integral part of the United Nations human rights activities, including the promotion of all human rights instruments relating to women. The World Conference on Human Rights urges Governments, institutions, intergovernmental and non-governmental organizations to intensify their efforts for the protection and promotion of human rights of women and the girl-child." |
|||
The VDPA, at Part II, para 38, also calls upon the General Assembly to adopt the draft [[Declaration on the Elimination of Violence Against Women]] and urges States to combat [[violence against women]] in accordance with its provisions, and that "violations of the human rights of women in situations of armed conflict are violations of the fundamental principles of international human rights and humanitarian law. All violations of this kind, including in particular murder, systematic [[rape]], [[sexual slavery]], and forced [[pregnancy]], require a particular effective response." |
The VDPA, at Part II, para 38, also calls upon the General Assembly to adopt the draft [[Declaration on the Elimination of Violence Against Women]] and urges States to combat [[violence against women]] in accordance with its provisions, and that "violations of the human rights of women in situations of armed conflict are violations of the fundamental principles of international human rights and humanitarian law. All violations of this kind, including in particular murder, systematic [[rape]], [[sexual slavery]], and forced [[pregnancy]], require a particular effective response." |
||
Line 81: | Line 48: | ||
===Human rights, the responsibility of the State=== |
===Human rights, the responsibility of the State=== |
||
Part I, para 1 of the VDPA starts: "The World Conference on Human Rights reaffirms the solemn commitment of all States to fulfill their obligations to promote universal respect for, and observance and protection of, all human rights and fundamental freedoms for all in accordance with the Charter of the United Nations, other instruments relating to human rights, and international law. The universal nature of these rights and freedoms is beyond question." |
|||
The VDPA acknowledges that international cooperation to realise human rights is vital, Part I, para 1 going on to state: "In this framework, enhancement of international cooperation in the field of human rights is essential for the full achievement of the purposes of the United Nations." However, the VDPA firmly places the ultimate responsibility for realizing human rights with the State, or the respective governments, Part I, para 1 concluding that: "Human rights and fundamental freedoms are the birthright of all human beings; their protection and promotion is the first responsibility of Governments." |
|||
Recognising the rising importance of NGOs, the VDPA states in Part I, para 13: "There is a need for States and international organizations, in cooperation with non-governmental organizations, to create favourable conditions at the national, regional and international levels to ensure the full and effective enjoyment of human rights. States should eliminate all violations of human rights and their causes, as well as obstacles to the enjoyment of these rights." |
|||
On ratification of [[international human rights law|international treaties on human rights]], the VDPA states in Part I, para 26 that it "welcomes the progress made in the codification of [[international human rights instruments|human rights instruments]], which is a dynamic and evolving process, and urges the universal ratification of human rights treaties. All States are encouraged to accede to these international instruments; all States are encouraged to avoid, as far as possible, the resort to [[reservation (law)|reservations]]." On [[Legal remedy|remedy]] and [[legal redress|redress]] of human rights violation, VDPA states in Part I, para 27 that "Every State should provide an effective framework of remedies and redress human rights grievances or violations. The administration of justice, including law enforcement and prosecutorial agencies and, especially, an independent judiciary and legal profession in full conformity with applicable standards contained in [[international human rights instruments]], are essential to the full and non-discriminatory realization of human rights and indispensable to the processes of democracy and [[sustainable development]]." |
On ratification of [[international human rights law|international treaties on human rights]], the VDPA states in Part I, para 26 that it "welcomes the progress made in the codification of [[international human rights instruments|human rights instruments]], which is a dynamic and evolving process, and urges the universal ratification of human rights treaties. All States are encouraged to accede to these international instruments; all States are encouraged to avoid, as far as possible, the resort to [[reservation (law)|reservations]]." On [[Legal remedy|remedy]] and [[legal redress|redress]] of human rights violation, VDPA states in Part I, para 27 that "Every State should provide an effective framework of remedies and redress human rights grievances or violations. The administration of justice, including law enforcement and prosecutorial agencies and, especially, an independent judiciary and legal profession in full conformity with applicable standards contained in [[international human rights instruments]], are essential to the full and non-discriminatory realization of human rights and indispensable to the processes of democracy and [[sustainable development]]." |
||
Line 100: | Line 62: | ||
Para 100:The World Conference on Human Rights requests the Secretary-General of the United Nations to invite on the occasion of the fiftieth anniversary of the Universal Declaration of Human Rights all States, all organs and agencies of the United Nations system related to human rights, to report to him on the progress made in the implementation of the present Declaration and to submit a report to the General Assembly at its fifty-third session, through the Commission on Human Rights and the Economic and Social Council. Likewise, regional and, as appropriate, national human rights institutions, as well as non-governmental may present their views to the Secretary-General on the progress made in the implementation of the present Declaration. Special attention should be paid to assessing the progress towards the goal of universal ratification of international human rights treaties and protocols adopted within the framework of the United Nations system.<ref>{{cite web|url=http://www.ohchr.org/EN/ProfessionalInterest/Pages/Vienna.aspx|title=OHCHR - Vienna Declaration and Programme of Action|website=www.ohchr.org|access-date=29 March 2018}}</ref> |
Para 100:The World Conference on Human Rights requests the Secretary-General of the United Nations to invite on the occasion of the fiftieth anniversary of the Universal Declaration of Human Rights all States, all organs and agencies of the United Nations system related to human rights, to report to him on the progress made in the implementation of the present Declaration and to submit a report to the General Assembly at its fifty-third session, through the Commission on Human Rights and the Economic and Social Council. Likewise, regional and, as appropriate, national human rights institutions, as well as non-governmental may present their views to the Secretary-General on the progress made in the implementation of the present Declaration. Special attention should be paid to assessing the progress towards the goal of universal ratification of international human rights treaties and protocols adopted within the framework of the United Nations system.<ref>{{cite web|url=http://www.ohchr.org/EN/ProfessionalInterest/Pages/Vienna.aspx|title=OHCHR - Vienna Declaration and Programme of Action|website=www.ohchr.org|access-date=29 March 2018}}</ref> |
||
===United Nations High Commissioner for Human Rights=== |
|||
The VDPA considered the adaptation and strengthening of the United Nations machinery for human rights, including the question of the establishment of a [[United Nations High Commissioner for Human Rights]]. Part II, para 17 states that "The World Conference on Human Rights recognizes the necessity for a continuing adaptation of the United Nations human rights machinery to the current and future needs in the promotion and protection of human rights, as reflected in the present Declaration... In particular, the United Nations human rights organs should improve their coordination, efficiency and effectiveness." |
|||
Following this the VDPA states, Part II, para 18, that "The World Conference on Human Rights recommends to the General Assembly that when examining the report of the Conference at its forty-eighth session, it begin, as a matter of priority, consideration of the question of the establishment of a High Commissioner for Human Rights for the promotion and protection of all human rights." |
|||
The [[United Nations General Assembly]] subsequently created the post of United Nations High Commissioner for Human Rights on 20 December 1993 (resolution 48/141). |
|||
=== Country Action Plans === |
|||
The World Conference on Human Rights recommended that each State consider the desirability of drawing up a national action plan identifying steps whereby that State would improve the promotion and protection of human rights. VDPA, Part II, paragraph 71. To such ends, the Office of the High Commissioner on Human Rights has included field offices and technical expertise to its mission. Further, the United Nations Development Programme has identified promotion of national institutions as one of its primary concerns. |
|||
===United Nations Human Rights Council=== |
===United Nations Human Rights Council=== |