It sets out, for the first time, fundamental human rights to be universally protected and it has been translated into over languages. The UDHR is widely recognized as having inspired, and paved the way for, the adoption of more than seventy human rights treaties, applied today on a permanent basis at global and regional levels all containing references to it in their preambles.
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 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,. 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.
No one shall be held in slavery or servitude; slavery and the slave trade shall be prohibited in all their forms. 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.
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. 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. 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. 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.
Everyone has the right to rest and leisure, including reasonable limitation of working hours and periodic holidays with pay. Everyone is entitled to a social and international order in which the rights and freedoms set forth in this Declaration can be fully realized. 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.
Watch and listen to people around the world reading articles of the Universal Declaration of Human Rights in more than 80 languages. Hansa Mehta of India standing above Eleanor Roosevelt is widely credited with changing the phrase "All men are born free and equal" to "All human beings are born free and equal" in Article 1 of the Universal Declaration of Human Rights. Skip to main content. Law of person, Law of property, Inheritance law. It is made and enforced by the State on behalf of the community.
Criminal Law, Tax Law, Administrative law. It defines offences and prescribes punishment e. Penal Code Cap It is also referred to as adjective law e. Criminal Procedure code Cap 75, civil procedure Act Cap A crime has been defined as an act or omission, committed or omitted in violation of public law egg murder, manslaughter, robbery, burglary, rape, stealing, theft by servant or agent. Offences are generally prosecuted by the state through the office of the Attorney General. The standard of proof in criminal cases is beyond any reasonable doubt.
In the event of any reasonable doubt the accused is set free acquitted. The court must be satisfied that the accused committed offence as charged. The person whose rights have been allegedly violated sues the alleged wrong doer. Legal Systems Of The World The following is a list of the five major legal systems used throughout the world:. The distinguishing feature of the civil law system is that its legal authority is organized into written codes.
The civil law system is derived from Roman law and is found in much of continental Europe, Central America, South America, and several other regions. In contrast to the codified laws of the civil law system, doctrines and rules developed over time by judges serve as "legal precedent" in the common law system.
The common law system is derived from the English common law and is found in many parts of the English speaking world such as Australia, Canada, England, the United States, Wales, and other countries. Customs may be unwritten but it can govern social relations and widely accepted by the community's members.
Customary law systems are found in Africa, the Pacific Islands, and elsewhere. The religious law system is a legal system that is based on religious beliefs or texts. Islamic law or Sharia law is the most widespread religious law system, and it governs all aspects of public and private life.
Mixed law refers to a combination of elements of the legal systems described above. In the United States, the most noteworthy mixed law system is found in the State of Louisiana, which has elements of both civil law and common law.
The Republic of Turkey has a civil law legal system. Kinds of Sources of law: Sources of law may be classified into — 1. Formal Sources 2. Material Sources. Formal sources The formal sources law also be called the Actual or ultimate Sources of law. Will of the State 2. Will of the People 3. Judicial decisions of the court. Material Sources - are those which gives the matter or content of a principal of law. Historical Sources of law expresses the history or evolution for the principal of law and the circumstances through which it attained the form of law.
A Hart is a Historical Source. Under this class, juristic writings, foreign decisions and numerous other things from which a judge derives help in shaping his judgment. Legal Sources Legal sources are considered as the most significant sources of law. Salmond has classified the Legal Sources of English Law into four divisions: 1.
Legislations 2. Precedent 3. Customs 4. Agreement, Treaties and Conventions. Generally refers to law making. It cannot be repealed, annulled or managed via another legislative authority. For example, Parliament. For example, Rules made by administrative authority. Precedent Judicial precedent makes a previous decision of one court be binding on a lower court. Agreement, Treaties and Convention Treaties and conventions are the persuasive source of global law.
Example: Extradition Treaty. Features of Rights are: 1. Rights exist only in society and these are the products of social living. Rights are claims of the individuals for their development in society. Rights are recognized by the society as common claims of all the people. Rights cannot be exercised against the society. Rights are equally available to all the people. Rights are not absolute. Limitations can be maintained for public health, security, order and morality.
Rights are inseparably related with duties. No Rights No Duties. Rights are protected and enforced by the laws of the state and it is the duty of a state to protect the rights of the people. Moral Rights Moral Rights are those rights which are based on human consciousness. The state does not enforce these rights and courts do not recognize these rights. In situations where more structural measures are required, some governments have chosen a welfare approach which may not ensure sustainability or long-term impact on the enjoyment of human rights without discrimination UN Secretary-General, In sum, the international soft law protection of the human rights of older persons is wide-ranging and while providing useful guidelines for state action in setting standards and influencing domestic policies, however, none of the documents contains legally binding obligations.
Generally speaking, in the European and Inter-American systems, the provisions on elderly rights are embodied in economic, social, and cultural rights treaties, while the African System protects those rights alongside civil and political rights in a unique instrument.
This Charter, which applies exclusively to the states that are members of the European Union, includes an ambitious and innovative list of human rights covering the range of civil, political, economic, and social rights.
In relation to the protection of the elderly, Article 25 states: "The [European] Union recognises and respects the rights of the elderly to lead a life of dignity and independence and to participate in social and cultural life. The Inter-American human rights system adopted the first binding convention on the rights of older persons, the Inter-American Convention on Protecting the Human Rights of Older Persons on December 12, Tonolo: International Human Rights Law and the Protection of the Elderly in Europe 26 protected rights and also establishes a follow-up mechanism to monitor the implementation of the commitments under the Convention, which includes a reporting procedure and the ability of individuals to submit petitions alleging violations of the Convention to the Inter-American Commission on Human Rights.
The Convention lists general principles related to the rights and fundamental freedoms of older persons, with a focus on equality and non-discrimination stated at Art. Further, the Convention emphasizes the dignity, independence, and autonomy of older persons as well as their physical, economic, and social security.
It also calls for the respect and appreciation of cultural diversity, effective judicial protection, proper treatment and preferential care. The Convention lists several general duties of States parties, that have a duty to adopt measures to prevent, punish, and eradicate practices contrary to the Convention and to adopt affirmative measures and make the necessary changes in domestic legislation so that older persons can exercise the rights established in the Convention.
More specifically, Articles 5 through 31 of the Convention list the various protected rights of older persons: the right of older persons to safety and a life free of violence of any kind; right to receive long-term care; right to work; right to health, including physical, mental, and social health; right to education; right to housing, emphasizing policies that progressively adapt housing solutions so that they are architecturally suitable for older persons, policies that ensure expedited procedures for complaints regarding evictions, and measures to protect older persons from illegal forced evictions; and, the right to accessibility and personal mobility.
The rights of older persons receiving long-term care are detailed in Article 12 of the Convention. Article 12 encompasses the right to a comprehensive system of care that promotes the health of older persons, provides social services that cover food and nutrition security, promotes the ability of older persons to live in their own home and maintain their autonomy, and provides services for families and caregivers.
To ensure this right is fulfilled, the Convention calls on States parties to establish mechanisms that ensure long-term care services are subject to the free and express will of older persons and that such services have specialized personnel.
The right to work encompasses anti-discriminatory policies and procedures that promote more inclusive labor markets guaranteeing the same rights, benefits, and protections to all workers for similar tasks and responsibilities, regardless of age. Tonolo: International Human Rights Law and the Protection of the Elderly in Europe retirement and expand on labor policies that account for the needs and characteristics of older persons.
Additionally, Article 36 authorizes individuals, groups of individuals, and non- governmental organizations to submit complaints of allegations of the Convention by a State party to the Inter-American Commission on Human Rights. States parties may also submit a specific declaration recognizing the competence of the Inter- American Commission to hear inter-State complaints under the Convention.
The Additional Protocol to the European Social Charter articulates protection for the rights of elderly persons in Article 4 Additional Protocol to the European Social Charter, opened for signature May 5, , art.
This is possible as the right to a fair trial and the right to non-discrimination are fundamental guarantees that can be used creatively to protect elder persons from certain practices such as forced retirement and slow judicial proceedings regarding health or social benefits.
Moreover, through the right to property, the elderly may protect their rights to pensions and social security benefits. In the Deumeland case Deumeland v. Germany, Eur. After her death during the proceedings before the ECtHR, her son continued the proceedings and brought the petition to the European Human Rights System upon exhausting domestic remedies.
The applicant claimed that the German courts had not given the case a fair hearing within a reasonable time, which violated Article 6 paragraph 1 of the European Convention on Human Rights.
The Court assessed the reasonableness of the length of the Deumeland proceedings with regard to criteria established by the Court's case law, namely: the degree of complexity of the case, the behavior of the applicant, and the conduct of the competent courts.
In several cases, the ECtHR affirmed that there is no prohibition in the Convention against the detention in prison of persons who attain an advance age. Nevertheless, a failure to provide the necessary medical care to prisoners may constitute inhuman treatment and there is an obligation on States to adopt measures to safeguard the well-being of persons deprived of their liberty. Whether the severity of the ill- treatment or neglect reaches the threshold prohibited by Article 3 prohibition of inhuman or degrading punishment or treatment of the Convention will depend on the particular circumstances of the case, including the age and state of health of the person concerned as well as the duration and nature of the treatment and its physical or mental effects see Sawonjuk v.
UK, 29 May ; Priebke v. Italy, 5 April ; Enea v. Italy, 17 September In the case Contrada v. Italy 11 February , the Court held that there had been a violation of Article 3 prohibition of inhuman or degrading treatment of the Convention.
It observed in particular that it was beyond doubt that the applicant had suffered from a number of serious and complex medical disorders, and that all the medical reports and certificates that had been submitted to the competent authorities during the proceedings had consistently and unequivocally found that his state of health was incompatible with the prison regime to which he was subjected.
Poland, 9 March ; Schlumpf v. Switzerland, 8 January ; Georgel and Georgeta Stoicescu v. Romania, 26 July
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