Presentation on theme: " Addressed by the Declaration of Independence (“All men are created equal”) and by the 14 th Amendment (citizenship and equal protection of the laws)."— Presentation transcript:
Addressed by the Declaration of Independence (“All men are created equal”) and by the 14 th Amendment (citizenship and equal protection of the laws). Not addressed by the ten original amendments to the Constitution. UDHR Article I: “All human beings are born free and equal in dignity and rights.” UDHR Article II: Condemns discrimination by race, color, sex, language, religion, politics, national origin, property, birth
Explicitly permitted by the original US Constitution, prohibited by the 13 th Amendment. UDHR: Prohibited by Article 4.
USC 8 th Amendment prohibits cruel and unusual punishment. UDHR Article 5 prohibits torture, cruel, inhuman or degrading treatment or punishment.
Not part of the original Constitution, guaranteed by the 14 th Amendment. UDHR Article 7: “All are equal before the law and are entitled without any discrimination to equal protection of the law…”
Articles IV-VIII of the Constitution guarantee the steps in due process of law: protection against unreasonable search and seizure, search only with a warrant and probable cause, protections against self-incrimination and double jeopardy, right to a speedy and public trial by a jury of one’s peers, right to counsel, no excessive bail or cruel and unusual punishment.
UDHR Articles 8-10: Protection against arbitrary arrest, fair and public hearing by independent and impartial tribunal, presumption of innocence, guarantees necessary for defense.
USC First Amendment guarantees free exercise of religion. UDHR Article 18 guarantees freedom of thought, conscience and religion, right to teach, practice, worship and observance of one’s religion.
Not specified by the Constitution but asserted by the US Supreme Court in a series of decisions beginning in the 1960’s. UDHR Article 12 protects against arbitrary interference with one’s privacy.
USC First Amendment guarantees the right to freedom of speech and freedom of the press. UDHR Article 19 asserts right to freedom of opinion and expression, access to information.
USC First Amendment and UDHR Article 20 both protect freedom of assembly. PROTECTION OF COPYRIGHT: Protection of intellectual property (your creation) is a power given to Congress in Article I; protected by Article 27 of UDHR.
The right to vote is not guaranteed by the original Constitution or the Bill of Rights. It is implied by later Amendments barring discrimination in voting on the basis of race, sex, age (18 or older) and abolishing the poll tax. UDHR Article 21 protects right to participate in government, universal and equal suffrage, right to public service.
Freedom of movement and emigration/immigration Freedom to seek asylum from persecution Right to marriage and founding a family Equal rights of men and women in marriage Protection of the family as a unit of society Ownership of property without arbitrary deprivation
Social security and economic, social and cultural rights Right to work, free choice of employment, just and favorable conditions of work, protection against unemployment, equal pay for equal work. Just and favorable remuneration (living wage) Right to form and join trade unions Rest and leisure, limitation of working hours, periodic paid holidays
Standard of living adequate for health and well-being of himself and his family Food, clothing, housing, medical care and necessary social services Right to security in event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood… Motherhood and childhood entitled to special care and assistance, children have equal rights whether or not born in wedlock.
Education Free and compulsory elementary education Technical and professional education available Higher education equally accessible to all on basis of merit Education directed to full development of human personality, respect for human rights and freedoms, understanding, tolerance and friendship among all nations, racial and religious groups, maintenance of peace. Parents have right to choose type of education.
Right to participate in cultural life of community Right to social and international order where these rights and freedoms can be realized Statement of duties and obligations to the community
9 th Amendment: The list of rights enumerated by the Constitution is not exhaustive, that is, people can be assumed to have rights not listed in the B of R. 10 th Amendment: General statement that powers not granted to the national government are reserved to states and people. 2 nd Amendment: There’s nothing about guns in the UDHR. The UDHR does not assume a right to keep and bear arms.
The Constitution prohibits the government from interfering with certain rights (religion, press, keep and bear arms). It assumes that these rights exist. The UDHR asserts that people have certain rights. Negative rights: The government and others are restrained from interfering with your rights (most of the Bill of Rights). Positive rights: You have the right to something (health care, education, housing) What difference does this make in terms of the role of government in protecting or providing rights?