Universal Declaration of Human Rights (1948): 30 Articles - 30 Documents: Exhibit for the 75th Anniversary

Article 1 of the UDHR provides an explicit declaration of freedom to all human beings. The Declaration recognises the rights of all human beings, irrespective of their territorial and geographical location. One of the major accomplishments in the history of the freedoms of all peoples has been the recognition of territorial rights. According to UN sources, at the time of its foundation in 1945, 750 million people – a third of the world’s population – were under colonial rule.

The Declaration on the Granting of Independence to Colonial Countries and Peoples was adopted by General Assembly resolution 1514 (XV) of 14 December 1960. This is a landmark document that grants all peoples an inalienable right to freedom, exercising their right to sovereignty, and the integrity of their national territory. Based on the commitment of this declaration, more than 80 former colonies have gained their independence, and all eleven trust territories have achieved self-determination through independence or free association with an independent State. The Trusteeship Council successfully met its mandate and suspended its operations in 1994 after the independence of Palau, the last remaining trust territory. The Council continues to meet whenever an issue arises that needs their intervention.

UN Photo/KS, #388722

The United Nations Educational, Scientific and Cultural Organization (UNESCO) defines racism as “a theory of races hierarchy which argues that the superior race should be preserved and should dominate the others. Racism can also be an unfair attitude towards another ethnic group [and] a violent hostility against a social group.”

For the first time, an international convention addressing racial discrimination under the auspices of the UN was concluded on 21 December 1965 by General Assembly resolution 2106 (XX).

By adopting the Convention, the General Assembly highlighted the importance of taking a significant step toward the elimination of all forms of racial discrimination. The Convention asserts that “the doctrine of superiority based on racial differentiation is scientifically false, morally condemnable, socially unjust and dangerous, and that there is no justification for racial discrimination”. This document not only laid the foundation for global action against racial discrimination but has been universally accepted and adopted in the administration of national legislation against racism. Today the implementation of the Convention is monitored by a body of independent experts, the Committee on the Elimination of Racial Discrimination. States parties are obliged to submit regular reports to the Committee on how rights are being upheld.

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Article 3 of the UDHR addresses three fundamental rights: the rights to life, liberty, and security of person. While the scope of this article had been widely applied to many conventions, it was not until 2007 that the rights of the disabled were addressed in an instrument protecting the rights of the disabled from death, security, or liberty.

In 2006, the UN General Assembly adopted the Convention on the Rights of Persons with Disabilities in resolution 61/106. In its consideration of the fundamental rights of the disabled, the Convention included all elements of Article 3 of the UDHR: Article 10 of the Convention affirms the “inherent right to life”, Article 14 the “liberty and security of person”, and Article 18 the “right to life” of disabled children. These articles invoke State Parties to ensure that persons with disabilities are treated with dignity of all rights. The implementation of this Convention has provided a means to protect persons with disabilities from human rights violations such as seclusion, lack of food, and poor health. Furthermore, it has initiated a paradigm shift in the perception of disabled people; instead of regarding them as being of a limited capacity, all barriers should be removed that prevent their full participation in all areas of life.

State Parties submit their commitment to this Convention through national frameworks and periodic progress reports to the Committee on the Rights of Persons with Disabilities.

UN Photo/Jan Corash, #86372

The Slavery Convention was adopted under the auspices of the League of Nations and signed in Geneva on 25 September 1926. On 7 December 1953, the General Assembly, by resolution 794 (VIII), adopted the protocol to the 1926 Slavery Convention, defining slavery as “the status or condition of a person over whom any or all of the powers attaching to the right of ownership are exercised”.

The progression of slavery has developed in unexpected ways which have deviated from the definition in the 1953 protocol, and which have led to additional instruments addressing modern day slavery. Amongst them are the Palermo protocols, comprising three protocols that supplement the 2000 Convention against Transnational Organized Crime. They address, amongst other issues, the trafficking of persons, including women and children, the smuggling of migrants, and illicit manufacturing and trafficking of firearms.

The UN Convention against Transnational Organized Crime, adopted by the General Assembly in 2001, also highlights practices related to “slavery”, and the Rome Statute of the International Criminal Court includes “enslavement” as one of the crimes against humanity. The Slavery Convention and protocol has therefore remained an important international instrument that continues to provide jurisprudence for modern anti-slavery instruments to all State Parties.

UN Photo/Rick Bajornas, #545091

The Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment was adopted by General Assembly resolution 39/46 on 10 December 1984. The Convention provided a platform for evaluating and condemning torture, and for each State Party to commit itself to “prevent acts of torture in any territory under its jurisdiction”.

Further progress was made with the adoption of the Optional Protocol in the General Assembly in 2002 (A/RES/57/199), which entered into force in 2006. The Optional Protocol established a system that enabled international and national bodies to visit detention places – a step towards evaluating and curbing torture and other degrading and cruel, inhuman treatment. Reports of these visits are submitted periodically by Special Rapporteurs to the Human Rights Council. In addition, the Committee against Torture supports State parties and national human rights institutions in oversight at the national level. The latest document emanating from the progressive development of international law pertaining to torture are the Nelson Mandela Rules, adopted in 2015 (A/RES/70/175), which address the treatment of prisoners and protection against torture.

UN Photo/Tobin Jones, #573954

Article 6 of the UDHR states that “Everyone has the right to recognition everywhere as a person before the law”, regardless of whether they are citizens or immigrants, students or tourists, workers or refugees, or any other group.

The Declaration recognizes the human rights of individuals who are not nationals of the country in which they live and recognizes the need to expand the guarantee of human rights specifically to persons who live in countries without having citizenship. Today there are more than 250 million international migrants worldwide (UN International Migration Report, 2017), and there are concerns about the significant gaps between the rights of citizens and non-citizens in many countries.

Consequently, the Declaration which was adopted by General Assembly resolution 40/144 of 13 December 1985 is especially noteworthy. The document contains 10 articles, which include the definition of a lawful “alien” and determine the requirement of States to make their own national legislation and regulations about aliens accessible to the public.

UN Photo/Cia Pak, #650952

In 2016 the United Nations Human Rights Council established the mandate of the ‘Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity’ (A/HRC/32/L.2/Rev.1). The mandate is based on the principle of Article 7 that everyone is entitled to live free from discrimination, and it recognizes that discriminating acts are often committed against individual persons, specific groups, or communities that differ from a particular norm.

The Independent Expert examines human rights through the lens of sexual orientation and gender identity. Victor Madrigal-Borloz was appointed Independent Expert in 2017, and his 2018 report addresses root causes, entrenched stigma, and prejudice that contribute to the criminalization of same-sex activities and gender identity expressions. Moreover, it supports States with implementing counter-measures that advocate equality before the law and protect this group against violations. The mandate of the Independent Expert aims to make discrimination against lesbian, gay, bisexual, transgender, and gender non-conforming persons more visible and to promote the idea that the “ultimate objective of the community of nations is the recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family”.

UN Photo/Rick Bajornas, #662747

When 171 nations and 800 NGOs met in Vienna, Austria for the World Conference of Human Rights on 25 June 1993, it became the largest gathering on human rights ever held. For the first time since the Cold War ended, the international community came together to renew their commitment to the UDHR and take new steps to its realization.

After a long process of review the famous outcome document, the “Vienna Declaration and Programme of Action”, was adopted unanimously. The document replaced the old Cold War concept that human rights were politically and socially contingent and separable with the new idea that human rights are “indivisible and interdependent and interrelated” and must be treated globally. The Declaration encourages international cooperation and promotes practical measures on the national level. In terms of legal justice, Paragraph 27, Part I explicitly addresses the right to an effective judiciary and the State’s duty to “provide an effective framework of remedies to redress human rights grievances or violations”. The Declaration calls for a strong and independent administration of justice with just law enforcement and prosecution agencies, skilled legal professions and an independent court system.

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As a major international human rights treaty, the International Covenant on Civil and Political Rights provides a range of civil and political protections. To help countries interpret the 53 articles of the treaty, the Human Rights Committee publishes General Comments at regular intervals. These Comments interpret the text of the treaty and give clarification to States regarding their reporting obligations to the Committee. In addition, the Committee uses the General Comments to make recommendations to countries concerning certain topics or issues and provides guidance on implementing the codified rights of the treaty into national legislation.

General Comment No. 35 addresses the ban on arbitrary detention and defines liberty and security of persons. It specifies the State’s responsibility to limit its powers and to have clear guidelines when making arrests or placing a person in detention. It also provides State parties with specific information about safeguards and how to effectively control government entities. It aims to encourage compliance on the national level and to protect all humans from arbitrary arrest, detention, or exile.

UN Photo/Eric Kanalstein, #461667

The “Principles and Guidelines on Access to Legal Aid in Criminal Justice Systems” is a key document that addresses the complex matter of legal aid on an international level. Adopted in 2012 jointly by the Economic and Social Council and General Assembly, they extend human rights specifically to persons who lack the financial means to pay for their own legal representation.

The document is considered ground-breaking because it has moved the subject of legal aid from the country level towards an international framework that provides Member States with a basis for a legal aid system in criminal justice. By encouraging States to provide effective legal assistance regardless of a person’s means, the charge, the penalty, or complexity of the case, the Principles strengthen access to legal aid for everyone. “Legal aid is an essential element of a fair, humane and efficient criminal justice system”, and the establishment of international standards safeguards the right to a fair and public hearing regardless of a person’s background or financial means.

UN Photo/Rick Bajornas, #697691

Article 11 requires that each person has access to a fair trial, which includes adequate legal protections and the right to a lawyer. Lawyers, therefore, must be able to perform their professional functions freely, independently, and effectively.

The “Basic Principles on the Role of Lawyers” was adopted in 1990 by consensus at the Eighth United Nations Congress on the Prevention of Crime and the Treatment of Offenders in Havana, Cuba, and was endorsed by the General Assembly (A/RES/45/166) in the same year. The Conference recommended that these principles be implemented as legal safeguards on both a national and regional level.

This common set of legislative standards was written to ensure the appropriate role of lawyers and codes of professional conduct. Of the 29 Principles, eight focus on access to lawyers and legal services provided to defendants on trial.

The “Role of Lawyers”, “Basic Principles on the Independence of the Judiciary” (1985), and “Guidelines on the Role of Prosecutors” (1990) are three documents adopted by the UN that provide a layer of legal protection to individuals to the present day, although full implementation at the national level worldwide has not yet been achieved.

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The right to privacy, and by extension the right to protection from surveillance, has taken on a new context in light of the widespread availability of the Internet and the variety of electronic technologies across the globe. Electronic communications are vulnerable to unauthorized access by a variety of parties, leading to the potential for violating an individual’s privacy rights. Surveillance poses risks, not only to privacy, but also to the freedom of expression, association, and assembly.

The Special Rapporteur’s mandate began in 1993 and has produced a series of reports. The 2013 Rapporteur Frank La Rue’s report analysed the implications of countries’ surveillance of communications. It argued that there needed to be further studies carried out on new modalities of surveillance, and to revise national laws regulating these practices in line with international human rights standards. The report stressed that without updated legislation and legal guidelines that could ensure the privacy, security, and anonymity of communications, the human rights of those involved could not be adequately protected in the modern technological age. The recommendations expressed in the Rapporteur’s report can be useful tools in protection from digital surveillance, and in the assurance of the human right to privacy and freedom of expression.

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The human rights dimension of population transfer and freedom of movement has been a growing trend since the Second World War, with the search for employment being one of the key incentives for the crossing of national borders. The rights of migrant workers specifically needed to be addressed in this context.

The Convention was adopted by the General Assembly on 18 December 1990 during its 45th session and was ratified in 2003. It was specifically drafted to protect the rights of migrant workers and their families, recognising their right to move within and outside their respective countries, and that those who moved across borders should retain their universal human rights. As stated in Article 39 of the Convention, “Migrant workers and members of their families shall have the right to liberty of movement in the territory of the State of employment and freedom to choose their residence there”. Although this Convention has not been as widely supported as some of the other core international human rights instruments, it legitimizes the freedom of movement by migrants for the estimated 150 million migrant workers and their families (ILO study, 2015).

UN Photo/Martine Perret, #413755

The occurrence of the Second World War displaced millions of people. Refugees were not a new phenomenon, but their number was now much bigger than ever before, and the international community was in urgent need of agreements that related to the protection of refugees and stateless persons. Existing conventions had to be adapted to the new conditions that the war had created, and international law had to be developed under the auspices of the newly created United Nations.

Following a Study on the Position of Stateless Persons (E/1112) issued by the Secretary-General in February 1949, the Economic and Social Council appointed an Ad-hoc Committee on Statelessness and Related Problems (E/RES/248 (IX) B) later that year. This Ad-hoc Committee, focused on the refugee, produced a Draft Convention Relating to the Status of Refugees. In 1950, the General Assembly decided that a Conference of Plenipotentiaries was to be convened to finalize the Convention. The Conference met in Geneva in July 1951 and unanimously adopted the Draft Convention.

The 1951 Convention, which entered into force three years later, is still the most widely ratified refugee treaty and remains the central feature in the international regime of refugee protection.

UN Photo/Sophia Paris, #433733

During the Second World War era, people not only lost their homes but their nationalities as well. The lack of nationality poses great problems; it deprives people of rights most of the global population takes for granted. They are being denied a legal identity, and as a result, lose access to education, healthcare, marriage and job opportunities, and even a death certificate.

The 1954 Convention was the first international treaty specifically aimed at regulating the treatment of stateless persons. It shares the same origins as the 1951 Refugee Convention, as it was originally drafted as a Protocol supplementing it. When the Refugee Convention was eventually adopted, the Protocol was referred to a separate conference that transformed it into a self-standing convention. With its adoption, the refugee and the stateless person, who up to then had been treated without distinction, were now both accorded an independent definition and legal status.

According to the estimates of UNHCR, the UN’s Refugee Agency, at least 10 million people around the globe are stateless today. The causes are manifold and include dissolution and emergence of States, conflicting nationality laws, discrimination of ethnic or religious groups, and gender-based discrimination.

UN Photo/Paulo Filgueiras, #152526

Article 16 states that marriage shall be entered into with the free consent of the spouses, but in practice, child, early, and forced marriage (CEFM) is widespread and occurs in all regions of the world. According to the Office of the High Commissioner for Human Rights, more than 650 million women alive today were married as children, and still every year at least 12 million girls are married before they reach the age of 18.

In September 2013, the Human Rights Council adopted the first-ever resolution on CEFM (A/HRC/RES/24/23). The draft was co-sponsored by a cross-regional group of over 100 States, including countries with high rates of child marriage. The resolution decided to “convene ... a panel discussion on preventing and eliminating child, early and forced marriage”, and requested that the Office of the High Commissioner prepare a report on preventing and eliminating the practice. This report was issued in April 2014 and was the first of its kind – analyzing and addressing the factors that lead to CEFM and recommending measures and strategies to prevent it.

UN Photo/Tobin Jones, #546718

Lands, territories and natural resources are profoundly important for indigenous peoples around the world and safeguard their survival as distinct peoples. They provide the basis for their existence and economic livelihood. Moreover, they are fundamental to their spiritual, cultural, and social identity. The Declaration on the Rights of Indigenous Peoples – the most comprehensive international instrument on the rights of indigenous peoples – takes into account this fundamental importance of lands, territories, and resources. These issues were subject to intense debate for more than two decades prior to the ratification of the Declaration.

In 1982, the Economic and Social Council established a Working Group on Indigenous Populations to develop a set of standards to protect indigenous peoples. It was in 1985 that the Working Group began preparing the Draft Declaration, but it was not until 1993 that it agreed on a final text. The Declaration was eventually adopted by the Human Rights Council in June 2006, and the General Assembly followed in September 2007. A majority of 144 States voted in favour, four against and eleven abstained, but since the Declaration’s adoption, all four countries that had been in opposition reversed their position and have expressed their support.

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While religion offers great potential for peace, challenges to religious liberty have been the source of great tension and conflict. The topic’s complexity, including the difficulty to define terms like “religion” and “belief”, is illustrated by the continuing struggle to protect freedom of religion or belief in the context of international human rights.

In Article 18 of the UDHR, the importance of freedom of religion or belief was recognized. A similar provision can be found in Article 18 of the International Covenant on Civil and Political Rights. However, attempts to develop an enforceable, binding document specifically related to the freedom of religion or belief had until then been unsuccessful.

Progress was made when, after twenty years of intense discussions, the General Assembly adopted the Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief in November 1981. Although it is non-binding, it constitutes the most important contemporary codification of the principles of freedom of religion and belief that has been issued by the UN thus far.

UN Photo/Martine Perret, #199859

Human rights are children’s rights and giving children the opportunity to express themselves supports them in claiming their rights. The Convention on the Rights of the Child (CRC) regards children as legal subjects who are entitled to human rights and fundamental freedoms. This was considered a progressive view at the time when the Convention was drawn up.

The CRC provides children with the right to be heard in all matters affecting them – a prerequisite for guaranteeing all their rights. The right to be heard and taken seriously constitutes one of the fundamental values of the CRC. It comprises various aspects: listening to children, informing them (and protecting them from harmful information), and involving them. Giving them a voice means empowering children and young people, resulting in strengthening their socioeconomic situation and social safety.

The UN’s focus on the topic of the rights of the child began in its earlier years. By resolution 1386 (XIV) of 20 November 1959, the General Assembly had adopted the Declaration of the Rights of the Child. The Convention was adopted in 1989 and entered into force the following year. It is the most widely ratified international human rights treaty.

UN Photo/Eskinder Debebe, #739303

Current worldwide events provide evidence that the right to freedom of assembly and association continues to be under threat. These events have the potential to negatively impact the human rights of various groups, including private citizens, trade unions, migrant workers, and human rights defenders.

The Special Rapporteur on the rights to freedom of peaceful assembly was first appointed in 2010. A series of mandated reports followed, highlighting the continued threats to peaceful assembly and association while developing best practices for the protection of those rights. The Special Rapporteur Maina Kiai’s 2012 report (A/HRC/20/27) for the first time “notes the increased use of the Internet, in particular social media, and other information and communication technology, as basic tools which enable individuals to organize peaceful assemblies”. The resolution that followed in the 21st session of the Human Rights Council (A/HRC/RES/21/16) was adopted by consensus in the same year. This was one of the first recognitions by the UN of the power of social media and how it could be used to the advantage of those protesting human rights violations around the world. For those prevented from gathering in person, virtual means of assembly and association have been increasingly used in recent years to facilitate expressions of political dissent and activism.

UN Photo/Basile Zoma, #454287

The UN has been involved with electoral activities since the 1960s, when the Trusteeship Council assisted with the observation and supervision of some 30 plebiscites, referenda, and elections in various regions of the world. By the end of the 1980s, the UN was engaged in a variety of electoral activities such as the organisation and conduct of elections, the supervision and control of elections, and the verification of electoral processes.

These activities, along with rising demand from Member States for technical assistance by the UN, led to the General Assembly’s introduction of resolution 46/137 on 17 December 1991 which recognised “that there is no single political system or electoral method that is equally suited to all nations and their people and that the efforts of the international community to enhance the effectiveness of the principle of periodic and genuine elections should not call into question each State’s sovereign right.”

The document also called for the UN to designate a senior official to act as a focal point for electoral assistance activities and recommended that an office be created to support this position in their functions. Since 1992, the Electoral Assistance Division of the Department of Political Affairs has filled this role.

UN Photo/Marco Dormino, #771750

The 1995 World Summit for Social Development was convened to tackle the social problems facing the planet, particularly wide-spread poverty on a global scale. The Summit contributed significantly to the advancement of international social law beyond the human rights framework. It concluded with the adoption of the Copenhagen Declaration on Social Development and the Programme of Action of the World Summit for Social Development.

The Declaration applied the concept of sustainable development as a guiding concept: “We are deeply convinced that economic development, social development and environmental protection are interdependent and mutually reinforcing components of sustainable development, which is the framework for our efforts to achieve a higher quality of life for all people.” To emphasize the importance of the social aspects of development the term “social and people-centred sustainable development” was introduced, which meant that economies should be directed to meeting human needs more effectively. The Declaration defined absolute poverty as “a condition characterized by severe deprivation of basic human needs, including food, safe drinking water, sanitation facilities, health, shelter, education and information” and further specified that poverty depended not only on income, but also on access to social services.

UN Photo/Redenius, #149412

The Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) was adopted in 1979 and is often described as an international bill of rights for women. The Convention defines what constitutes discrimination against women and set up an agenda for national action to end such discrimination. State Parties have an obligation to take all appropriate measures to eliminate discrimination against women by any person, organization or enterprise, in all spheres of life.

The Convention defines discrimination against women as “any distinction, exclusion or restriction made on the basis of sex which has the effect or purpose of impairing or nullifying the recognition, enjoyment or exercise by women, irrespective of their marital status, on a basis of equality of men and women, of human rights and fundamental freedoms in the political, economic, social, cultural, civil or any other field.”

CEDAW promotes a woman’s equal right to work and to enjoy work-related benefits, including equal pay for equal work and access to related social benefits; it also provides for protective measures related to women’s work and maternity rights.

UN Photo/UNESCO/Roger, #311576

Paid annual holidays for workers did not become widespread until after the Second World War. The purpose of paid annual holidays was to give workers a reasonable amount of time away from work to permit rest, recreation and recuperation from accumulated physical and mental strain. An annual holiday was considered not just a pleasant activity, but an important measure in protecting a worker’s health and well-being.

The earliest standards were laid down in the International Labour Organization’s (ILO) Holidays with Pay Convention, (No. 52) in 1936. This Convention was revised in 1970, and the new ILO instrument (No. 132) prescribed a holiday of at least three working weeks for one year of service. Article 7 of the Convention laid down the principle that a worker should receive “at least his normal or average remuneration (including the cash equivalent of any part of that remuneration which is paid in kind and which is not a permanent benefit continuing whether or not the person concerned is on holiday), calculated in a manner to be determined by the competent authority or through the appropriate machinery in each country”.

Together with other international labour standards, the Convention ensures high productivity while safeguarding workers' physical and mental health.

UN Photo/Martine Perret, #443103

In 2012 the Human Rights Council appointed an independent expert, John Knox, to study the human rights obligations relating to the enjoyment of a safe, clean, healthy and sustainable environment.

The 2013 mapping report of the independent expert (A/HRC/25/53) revealed that the human rights bodies on environmental issues agreed that environmental harm can and often does interfere with the full enjoyment of human rights, including rights to life and health, and that States have the obligation to protect against such interference.

In January 2018, the final report of John Knox to the Council presented 16 framework principles on human rights and the environment that set out these obligations in detail. Framework principle 1 and 2 affirm that, “Human rights and environmental protection are interdependent. A safe, clean, healthy and sustainable environment is necessary for the full enjoyment of human rights, including the rights to life, to the highest attainable standard of physical and mental health, to an adequate standard of living, to adequate food, to safe drinking water and sanitation, to housing, to participation in cultural life and to development, as well as the right to a healthy environment itself.”

UN Photo/John Isaac, #71022

UNESCO’s 1960 Convention against Discrimination in Education laid the foundation for the right to education based on principles of freedom and non-discrimination of any kind. The binding treaty established the provisions for the creation of legal and policy frameworks to ensure equality of access to quality education and to afford the same opportunities to all students in primary, secondary, and higher education.

Subsequent international instruments, including the Convention on Technical and Vocational Education (1989) and the Convention on the Rights of Persons with Disabilities (2006), build on the provisions of the Convention. The Convention informs the Education 2030 Framework for Action that recognizes the right to education as a key enabler for achieving the SDGs overall. Regular consultations among Member States and the Right to Education Global Database ensure accountability and facilitate the exchange of best practices and legislative resources that advance the implementation of the Convention’s provisions.

At the 2017 consultation, Member States highlighted both progress made and challenges faced in achieving equity of educational opportunities for refugees and migrants, for children with disabilities or from poor households, as well as for children belonging to indigenous or minority groups.

UN Photo/Mark Garten, #668914

In this report, preferably read in conjunction with the related reports on the right to enjoy the benefits of scientific progress and its applications (A/HRC/20/26) and on patent policy (A/70/279), the Special Rapporteur examines the increasing tension between intellectual property law and copyright and discusses the human right to science and culture. The Rapporteur goes on to make practical and wide-reaching proposals to balance the legitimate rights of authors and creators of scientific knowledge and cultural works with those of the wider public to benefit from scientific progress.

The Special Rapporteur points out in the report that existing copyright laws and intellectual property regimes, including those promulgated in trade agreements, favour commercial use, often by secondary rights holders, such as publishers, over the interests of authors, creators and the public, and states that “economic interests do not enjoy the status of human rights”.

The report states that from a human rights perspective, copyright policy and industry practices should be judged by how well they serve the interests of human authors in addition to the public’s interest in cultural participation. It considers scientific knowledge to be a public good, as access to scientific knowledge by all is a prerequisite for the individual’s realization of other human rights, such as the right to health, food, education and housing, and the emerging right to a clean environment.

UN Photo/Kari Berggrav, #325060

In this study, the Independent Expert sheds light on the widespread phenomena of illegal tax evasion and technically legal, yet abusive tax avoidance by wealthy individuals and transnational corporations, facilitated by global banks and major accounting firms. The study details various strategies, including the transfer of personal wealth into tax havens or shifting corporate profits to jurisdictions with extremely low tax rates, leading to significant losses in tax revenue particularly in developing countries. Tax evasion and tax avoidance deprive governments of resources needed to provide such basic services as decent housing, food and clean water, healthcare and sanitation, and education, as well as social protection for the poor and other vulnerable groups.

The Independent Expert points out how tax abuse further exacerbates extremely high levels of inequality and potentially undermines not only the equal enjoyment of economic, social and cultural rights by all, but also the rule of law and trust in government institutions and democratic processes. Related reports by the Independent Expert on the promotion of a democratic and equitable international order (A/71/286) and by the Special Rapporteur on extreme poverty and human rights (A/HRC/26/28) further expand on this topic.

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In times of serious public emergencies, Article 4 of the International Covenant on Civil and Political Rights allows State Parties to exceptionally and temporarily derogate from some of their obligations under the Covenant and impose restrictions on the enjoyment of certain human rights.

The Special Rapporteur on States of Emergency (E/CN.4/Sub.2/1997/19) details the widespread abuse by governments of states of emergency that had led to excessive limitations of human rights, the undermining of the rule of law, and to outright violations of non-derogable rights, including arbitrary arrest and detention, torture, and enforced disappearances.

In response to the Special Rapporteur’s recommendations, the Human Rights Committee adopted General Comment No. 29, which provides a regime of safeguards against the abuse of a State’s emergency powers. It also makes clear that States have additional obligations under international humanitarian and international criminal law and are bound by the fundamental principles of non-discrimination and the right to a fair trial.

The issue of derogation during states of emergency has resurfaced in the context of States using counter-terrorism laws to grant emergency powers, creating de facto states of emergency. State Parties that have promulgated counter-terrorism laws that effectively curtail certain civil and political rights under the Covenant are obliged to formally derogate and comply with all requirements set out in General Comment No. 29.

UN Photo/Martine Perret, #430032

The Declaration on Human Rights Defenders, as it is more commonly known, was adopted unanimously by the General Assembly after almost 20 years of contentious negotiations. It acknowledges the vital role that human rights defenders play in achieving the full and effective enjoyment of human rights by all and in advancing the realization of fundamental freedoms everywhere. It also places an obligation on States to protect human rights defenders from threats, attacks, and reprisals by both government authorities and non-state actors, and to create an enabling environment by passing laws that implement the provisions of the Declaration.

A commentary issued in 2011 confirms that the Declaration is firmly rooted in international human rights law. It presents numerous examples of activities of human rights defenders and the many forms of reprisals they face, including journalists investigating government corruption, activists advocating for the rights of LGBTI persons, trade unionists striking for decent working conditions, or indigenous communities resisting business activities that threaten their land and resources.

Since 2000, a Special Rapporteur has been monitoring the situation of human rights defenders. A key role of the Special Rapporteur is to advocate for human rights defenders at risk by sending urgent appeals and letters of allegations to States. In a recent report (A/HRC/34/52) the Special Rapporteur recognized human rights defenders as the “heroes of our time”.