Human Rights and the United Nations: A Brief Introduction 10/16/2019 Sherrie Brown LSJ/CHID 434 November 2006

What is a Human Right? Is a natural right—every person has certain rights simply by being. Has a moral authority even when not written in law. Is inalienable (not capable of being transferred to another). What government does not give, government cannot take away. Basic standards without which people cannot live in dignity. To violate a human right is to treat other as though he/she is not human.

Brief History Idea that everyone, by virtue of his/her humanity has rights, is relatively new. Roots lie in earlier traditions/documents Tradition of “golden rule.” Assertions of individual rights—e.g., Magna Carta (1215), English Bill of Rights (1689), French Declaration of Rights of Man and Citizen (1789), US Constitution/Bill of Rights (1791).

Historical Antecedents… Efforts in 19th Century to prohibit slave trade and war. 1919 ILO established to oversee treaties protecting workers’ rights. League of Nations created at end of WWI. Roosevelt’s 1941 State of the Union address—i.e., 4 essential freedoms. Nuremberg Trials in Germany and war crimes trials in Japan.

United Nations Charter 1945 Member states pledged to promote respect for the human rights of all. Includes “inherent dignity and equal inalienable rights” for all. Established a Commission on Human Rights with task to articulate fundamental rights and freedoms.

Universal Declaration of Human Rights 1948 Influential albeit only a “declaration.” Has achieved status of customary international law because people regard it as a common standard of achievement for all people.

United Nations 193 Member states, all of which belong to the General Assembly. General Assembly votes to adopt human rights declarations and conventions (treaties or covenants). There are an additional 5 main bodies of UN. International Court of World Justice Secretariat Economic and Social Council Security Council Trusteeship Council

Core Human Rights Treaties ICCPR (1966) ICESCR (1966) Convention Against Torture (1984) * * * CEDAW (1979) CRC (1989) ICERD (1966)

Human Rights and Disability 1940s-50s, UN actively promotes rights through social welfare activities, disability prevention and rehabilitation through training personnel and establishing rehabilitation centers. 1960s, revamped policy to call for full participation in society. 1970s, concept of human rights for people with disabilities and equal opportunity for them.

UN Documents Declaration on Rights of Mentally Retarded Persons General Assembly adopts in 1971 Declaration of the Rights of Disabled Persons Adopted in 1975 People with disabilities should have equal civil and political rights. Convention on the Rights of People with Disabilities (finalized August 2006)

UN Guidelines Standard Rules in the Disability Field Standard Rules for the Equalization of Opportunities for Persons with Disabilities Principles for the Protection of Persons with Mental Illness and the Improvement of Mental Health

Convention on Rights of Persons with Disabilities Purpose: Promote, protect and ensure the full and equal enjoyment of all human rights and fundamental freedoms…and to promote respect for their inherent dignity (article 1). Persons with Disabilities: Include those who have long-term physical, mental, intellectual, or sensory impairments which in interaction with various barriers may hinder their full and effective participation in society on an equal basis with others.

Footnote … In Arabic, Chinese and Russian, the term “legal capacity” refers to “legal capacity for rights,” rather than “legal capacity to act.”