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 fulfil, 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 fulfil 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 :
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.
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.
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.
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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