Adopted by General Assembly
resolution 53/144 of 9 December 1998
The General Assembly,
Reaffirming the importance of the observance of the purposes and principles
of the Charter of the United Nations for the promotion and protection
of all human rights and fundamental freedoms for all persons in all
countries of the world,
Reaffirming also the importance of the Universal Declaration of Human
Rights and the International Covenants on Human Rights as basic elements
of international efforts to promote universal respect for and observance
of human rights and fundamental freedoms and the importance of other
human rights instruments adopted within the United Nations system,
as well as those at the regional level,
Stressing that all members of the international community shall fulfill,
jointly and separately, their solemn obligation to promote and encourage
respect for human rights and fundamental freedoms for all without
distinction of any kind, including distinctions based on race, colour,
sex, language, religion, political or other opinion, national or social
origin, property, birth or other status, and reaffirming the particular
importance of achieving international cooperation to fulfill this
obligation according to the Charter,
Acknowledging the important role of international cooperation for,
and the valuable work of individuals, groups and associations in contributing
to, the effective elimination of all violations of human rights and
fundamental freedoms of peoples and individuals, including in relation
to mass, flagrant or systematic violations such as those resulting
from apartheid, all forms of racial discrimination, colonialism, foreign
domination or occupation, aggression or threats to national sovereignty,
national unity or territorial integrity and from the refusal to recognize
the right of peoples to self-determination and the right of every
people to exercise full sovereignty over its wealth and natural resources,
Recognizing the relationship between international peace and security
and the enjoyment of human rights and fundamental freedoms, and mindful
that the absence of international peace and security does not excuse
non-compliance,
Reiterating that all human rights and fundamental freedoms are universal,
indivisible, interdependent and interrelated and should be promoted
and implemented in a fair and equitable manner, without prejudice
to the implementation of each of those rights and freedoms,
Stressing that the prime responsibility and duty to promote and protect
human rights and fundamental freedoms lie with the State,
Recognizing the right and the responsibility of individuals, groups
and associations to promote respect for and foster knowledge of human
rights and fundamental freedoms at the national and international
levels,
Declares: |
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Article 1
Everyone has the right, individually and in association with others,
to promote and to strive for the protection and realization of human
rights and fundamental freedoms at the national and international
levels.
Article 2
1. Each State has a prime responsibility and duty to protect,
promote and implement all human rights and fundamental freedoms, inter
alia , by adopting such steps as may be necessary to create all conditions
necessary in the social, economic, political and other fields, as
well as the legal guarantees required to ensure that all persons under
its jurisdiction, individually and in association with others, are
able to enjoy all those rights and freedoms in practice.
2. Each State shall adopt such legislative, administrative
and other steps as may be necessary to ensure that the rights and
freedoms referred to in the present Declaration are effectively guaranteed.
Article 3
Domestic law consistent with the Charter of the United Nations and
other international obligations of the State in the field of human
rights and fundamental freedoms is the juridical framework within
which human rights and fundamental freedoms should be implemented
and enjoyed and within which all activities referred to in the present
Declaration for the promotion, protection and effective realization
of those rights and freedoms should be conducted.
Article 4
Nothing in the present Declaration shall be construed as impairing
or contradicting the purposes and principles of the Charter of the
United Nations or as restricting or derogating from the provisions
of the Universal Declaration of Human Rights, the International Covenants
on Human Rights and other international instruments and commitments
applicable in this field.
Article 5
For the purpose of promoting and protecting human rights and fundamental
freedoms, everyone has the right, individually and in association
with others, at the national and international levels:
( a ) To meet or assemble peacefully;
( b ) To form, join and participate in non-governmental organizations,
associations or groups;
( c ) To communicate with non-governmental or intergovernmental organizations.
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Article 6
Everyone has the right, individually and in association with others:
(a) To know, seek, obtain, receive and hold
information about all human rights and fundamental freedoms, including
having access to information as to how those rights and freedoms are
given effect in domestic legislative, judicial or administrative systems;
(b) As provided for in human rights and other
applicable international instruments, freely to publish, impart or
disseminate to others views, information and knowledge on all human
rights and fundamental freedoms;
(c) To study, discuss, form and hold opinions
on the observance, both in law and in practice, of all human rights
and fundamental freedoms and, through these and other appropriate
means, to draw public attention to those matters.
Article 7
Everyone has the right, individually and in association with others,
to develop and discuss new human rights ideas and principles and to
advocate their acceptance.
Article 8
1. Everyone has the right, individually and in association with others,
to have effective access, on a non-discriminatory basis, to participation
in the government of his or her country and in the conduct of public
affairs.
2. This includes, inter alia , the right, individually and in association
with others, to submit to governmental bodies and agencies and organizations
concerned with public affairs criticism and proposals for improving
their functioning and to draw attention to any aspect of their work
that may hinder or impede the promotion, protection and realization
of human rights and fundamental freedoms.
Article 9
1. In the exercise of human rights and fundamental freedoms, including
the promotion and protection of human rights as referred to in the
present Declaration, everyone has the right, individually and in association
with others, to benefit from an effective remedy and to be protected
in the event of the violation of those rights.
2. To this end, everyone whose rights or freedoms are allegedly
violated has the right, either in person or through legally authorized
representation, to complain to and have that complaint promptly reviewed
in a public hearing before an independent, impartial and competent
judicial or other authority established by law and to obtain from
such an authority a decision, in accordance with law, providing redress,
including any compensation due, where there has been a violation of
that person's rights or freedoms, as well as enforcement of the eventual
decision and award, all without undue delay.
3. To the same end, everyone has the right, individually and in association
with others, inter alia :
(a) To complain about the policies
and actions of individual officials and governmental bodies with regard
to violations of human rights and fundamental freedoms, by petition
or other appropriate means, to competent domestic judicial, administrative
or legislative authorities or any other competent authority provided
for by the legal system of the State, which should render their decision
on the complaint without undue delay;
(b) To attend public hearings,
proceedings and trials so as to form an opinion on their compliance
with national law and applicable international obligations and commitments;
(c) To offer and provide professionally qualified
legal assistance or other relevant advice and assistance in defending
human rights and fundamental freedoms.
4. To the same end, and in accordance with applicable international
instruments and procedures, everyone has the right, individually and
in association with others, to unhindered access to and communication
with international bodies with general or special competence to receive
and consider communications on matters of human rights and fundamental
freedoms. |
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5. The State
shall conduct a prompt and impartial investigation or ensure that
an inquiry takes place whenever there is reasonable ground to believe
that a violation of human rights and fundamental freedoms has occurred
in any territory under its jurisdiction.
Article 10
No one shall participate, by act or by failure to act where required,
in violating human rights and fundamental freedoms and no one shall
be subjected to punishment or adverse action of any kind for refusing
to do so.
Article 11
Everyone has the right, individually and in association with others,
to the lawful exercise of his or her occupation or profession. Everyone
who, as a result of his or her profession, can affect the human dignity,
human rights and fundamental freedoms of others should respect those
rights and freedoms and comply with relevant national and international
standards of occupational and professional conduct or ethics.
Article 12
1. Everyone has the right, individually and in association with others,
to participate in peaceful activities against violations of human
rights and fundamental freedoms.
2. The State shall take all necessary measures to ensure the protection
by the competent authorities of everyone, individually and in association
with others, against any violence, threats, retaliation, de facto
or de jure adverse discrimination, pressure or any other arbitrary
action as a consequence of his or her legitimate exercise of the rights
referred to in the present Declaration.
3. In this connection, everyone is entitled, individually and in association
with others, to be protected effectively under national law in reacting
against or opposing, through peaceful means, activities and acts,
including those by omission, attributable to States that result in
violations of human rights and fundamental freedoms, as well as acts
of violence perpetrated by groups or individuals that affect the enjoyment
of human rights and fundamental freedoms.
Article 13
Everyone has the right, individually and in association with others,
to solicit, receive and utilize resources for the express purpose
of promoting and protecting human rights and fundamental freedoms
through peaceful means, in accordance with article 3 of the present
Declaration.
Article 14
1. The State has the responsibility to take legislative, judicial,
administrative or other appropriate measures to promote the understanding
by all persons under its jurisdiction of their civil, political, economic,
social and cultural rights.
2. Such measures shall include, inter alia :
(a) The publication and widespread availability
of national laws and regulations and of applicable basic international
human rights instruments;
(b) Full and equal access to international
documents in the field of human rights, including the periodic reports
by the State to the bodies established by the international human
rights treaties to which it is a party, as well as the summary records
of discussions and the official reports of these bodies.
3. The State shall ensure and support, where appropriate, the creation
and development of further independent national institutions for the
promotion and protection of human rights and fundamental freedoms
in all territory under its jurisdiction, whether they be ombudsmen,
human rights commissions or any other form of national institution. |
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Article 15
The State has the responsibility to promote and facilitate the teaching
of human rights and fundamental freedoms at all levels of education
and to ensure that all those responsible for training lawyers, law
enforcement officers, the personnel of the armed forces and public
officials include appropriate elements of human rights teaching in
their training programme.
Article 16
Individuals, non-governmental organizations and relevant institutions
have an important role to play in contributing to making the public
more aware of questions relating to all human rights and fundamental
freedoms through activities such as education, training and research
in these areas to strengthen further, inter alia , understanding,
tolerance, peace and friendly relations among nations and among all
racial and religious groups, bearing in mind the various backgrounds
of the societies and communities in which they carry out their activities.
Article 17
In the exercise of the rights and freedoms referred to in the present
Declaration, everyone, acting individually and in association with
others, shall be subject only to such limitations as are in accordance
with applicable international obligations and are determined by law
solely for the purpose of securing due recognition and respect for
the rights and freedoms of others and of meeting the just requirements
of morality, public order and the general welfare in a democratic
society.
Article 18
1. Everyone has duties towards and within the community, in which
alone the free and full development of his or her personality is possible.
2. Individuals, groups, institutions and non-governmental organizations
have an important role to play and a responsibility in safeguarding
democracy, promoting human rights and fundamental freedoms and contributing
to the promotion and advancement of democratic societies, institutions
and processes.
3. Individuals, groups, institutions and non-governmental organizations
also have an important role and a responsibility in contributing,
as appropriate, to the promotion of the right of everyone to a social
and international order in which the rights and freedoms set forth
in the Universal Declaration of Human Rights and other human rights
instruments can be fully realized.
Article 19
Nothing in the present Declaration shall be interpreted
as implying for any individual, group or organ of society or any State
the right to engage in any activity or to perform any act aimed at
the destruction of the rights and freedoms referred to in the present
Declaration.
Article 20
Nothing in the present Declaration shall be interpreted
as permitting States to support and promote activities of individuals,
groups of individuals, institutions or non-governmental organizations
contrary to the provisions of the Charter of the United Nations. |
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