Know Your Rights Aung Myo Min HREIB

Development of Human Rights Religious ideas The Hindu, the Bible, the Koran, and the Analects of Confucius address questions of people’s duties, rights, and responsibilities the Code of Hammurabi, Inca and Aztec codes of conduct and justiceInca and Aztec codes of conduct and justice Written documents asserting individual rights, - the Magna Carta (1215), - the English Bill of Rights (1689), -the French Declaration on the Rights of Man and Citizen (1789), -the US Constitution and Bill of Rights (1791) Efforts in the 19th century to prohibit the slave trade and to limit the horrors of war are prime examples. In 1919, International Labor Organization (ILO) establishe to protecting workers International Labor Organization (ILO) On December 10, 1948, the Universal Declaration of Human Rights (UDHR) was adopted by the 56 members of the United Nations. Universal Declaration of Human Rights (UDHR)

United Nations definition of human rights Human Rights are universal legal guarantees protecting individuals and groups against actions which interfere with fundamental freedoms and human dignity.

Some of the most important characteristics of human rights are the following: They are internationally recognizedThey are internationally recognized They are legally protectedThey are legally protected They focus on the dignity of the human beingThey focus on the dignity of the human being They protect individuals and groupsThey protect individuals and groups They obligate State and State actorsThey obligate State and State actors They cannot be waived/taken awayThey cannot be waived/taken away They are equal and interdependentThey are equal and interdependent They are universalThey are universal

Human rights are: Universal – everyone should enjoy human rights as to sex, age, language, religion, or raceUniversal – everyone should enjoy human rights without discrimination as to sex, age, language, religion, or race Inviolable – human rights are an essential element of one’s humanity. It cannot be violated unless determined by law and solely for the purpose of securing due recognition and respect for the rights of others and of meeting the just requirements of the general welfare, morality and public order in a democratic societyInviolable – human rights are an essential element of one’s humanity. It cannot be violated unless determined by law and solely for the purpose of securing due recognition and respect for the rights of others and of meeting the just requirements of the general welfare, morality and public order in a democratic society Interdependent- certain rights cannot be sacrificed in favor of other rights because taken together, these rights make human beings whole.Interdependent- certain rights cannot be sacrificed in favor of other rights because taken together, these rights make human beings whole.

What are the different groups of rights According to nature: Civil rights- rights of individuals to be protected from arbitrary interference by government in their life liberty and security, freedom to travel, right to due process.Civil rights- rights of individuals to be protected from arbitrary interference by government in their life liberty and security, freedom to travel, right to due process. Political rights- rights of individuals to interfere and participate in the affairs of the governments e.g. right to vote, stand for election, participate in state and social management, freedom of speech, press, assemblyPolitical rights- rights of individuals to interfere and participate in the affairs of the governments e.g. right to vote, stand for election, participate in state and social management, freedom of speech, press, assembly Social, economic and cultural rights-progressive demands of the people to improve their standard of living. e.g. right to education, work, healthy and working environment, practice of religion use of one’s language and enjoy one’s culture.Social, economic and cultural rights-progressive demands of the people to improve their standard of living. e.g. right to education, work, healthy and working environment, practice of religion use of one’s language and enjoy one’s culture.

According to recipient Individual rights- Rights accorded to individuals such as the rights to life, education, health, work.. rights to suffrage: freedom of expression, freedom from torture, right to speedy trialIndividual rights- Rights accorded to individuals such as the rights to life, education, health, work.. rights to suffrage: freedom of expression, freedom from torture, right to speedy trial Collective/group rights – are rights given to a specified vulnerable group which may be exercised because of one’s membership to such community such as women’s rights, children’s rights, indigenous people’s rightsCollective/group rights – are rights given to a specified vulnerable group which may be exercised because of one’s membership to such community such as women’s rights, children’s rights, indigenous people’s rights

Who is responsible to implement human rights? The STATE has the primary responsibility to: Respect – required refraining from interfering with the enjoyment of the rightRespect – required refraining from interfering with the enjoyment of the right Protect – requires the prevention of violations of such rights by other persons or third partyProtect – requires the prevention of violations of such rights by other persons or third party Fulfill – requires States to take appropriate legislative, administrative, budgetary, judicial and other measure towards the full realization of such rights.Fulfill – requires States to take appropriate legislative, administrative, budgetary, judicial and other measure towards the full realization of such rights.

Nature of human rights violation by the state Omission – the non interference or inaction of the state in any situation that requires action to respect, protect or fulfill the human rights of its citizenOmission – the non interference or inaction of the state in any situation that requires action to respect, protect or fulfill the human rights of its citizen Commission/ breach- any act by the government in violation of any covenant or instrument on human rights which the State is committed to upholdCommission/ breach- any act by the government in violation of any covenant or instrument on human rights which the State is committed to uphold Arbitrary derogation – violation due to arbitrary suspension of liberty ( emergency rule, martial rules, authoritarian regime)Arbitrary derogation – violation due to arbitrary suspension of liberty ( emergency rule, martial rules, authoritarian regime)

What are international human rights standard? What is the UDHR? The UDHR is the minimum and common standard of achievement for all peoplesThe UDHR is the minimum and common standard of achievement for all peoples The UN General Assembly adopted it on December 10, (Human Rights Day)The UN General Assembly adopted it on December 10, (Human Rights Day) It has 30 Articles 3-21 present the civil and political rights.It has 30 Articles 3-21 present the civil and political rights. Articles set forth for the economic, social and cultural rights.Articles set forth for the economic, social and cultural rights. Articles set forth for the promotion, protection, and fulfillment of the UDHR.Articles set forth for the promotion, protection, and fulfillment of the UDHR.

UDHR Articles

THE CORE INTERNATIONAL HUMAN RIGHTS INSTRUMENTS ICERD International Convention on the Elimination of All Forms of Racial Discrimination- 21 Dec 1965ICERD International Convention on the Elimination of All Forms of Racial Discrimination- 21 Dec 1965 ICCPR International Covenant on Civil and Political Rights - 16 Dec 1966ICCPR International Covenant on Civil and Political Rights - 16 Dec 1966 ICESCR International Covenant on Economic, Social and Cultural Rights - 16 Dec 1966ICESCR International Covenant on Economic, Social and Cultural Rights - 16 Dec 1966 CEDAW Convention on the Elimination of All Forms of Discrimination against Women - 18 Dec 1979CEDAW Convention on the Elimination of All Forms of Discrimination against Women - 18 Dec 1979 CAT Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment - 10 Dec 1984CAT Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment - 10 Dec 1984 CRC Convention on the Rights of the Child - 20 Nov 1989CCRC Convention on the Rights of the Child - 20 Nov 1989C ICRMW International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families - 18 Dec 1990ICRMW International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families - 18 Dec 1990 International Convention for the Protection of All Persons from Enforced Disappearance - 20 Dec 2006International Convention for the Protection of All Persons from Enforced Disappearance - 20 Dec 2006 CRPD Convention on the Rights of Persons with Disabilities - 13 Dec 2006CRPD Convention on the Rights of Persons with Disabilities - 13 Dec 2006

ICESCR – OP Optional Protocol of the Covenant on Economic, Social and Cultural Rights- 10 Dec 2008ICESCR – OP Optional Protocol of the Covenant on Economic, Social and Cultural Rights- 10 Dec 2008 ICCPR-OP1 Optional Protocol to the International Covenant on Civil and Political Rights - 16 Dec 1966ICCPR-OP1 Optional Protocol to the International Covenant on Civil and Political Rights - 16 Dec 1966 ICCPR-OP2 Second Optional Protocol to the International Covenant on Civil and Political Rights, aiming at the abolition of the death penalty- 15 Dec 1989ICCPR-OP2 Second Optional Protocol to the International Covenant on Civil and Political Rights, aiming at the abolition of the death penalty- 15 Dec 1989 COP-CEDAW Optional Protocol to the Convention on the Elimination of Discrimination against Women - 10 Dec 1999COP-CEDAW Optional Protocol to the Convention on the Elimination of Discrimination against Women - 10 Dec 1999C OP-CRC- Optional protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict- 25 May 2000OP-CRC- Optional protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict- 25 May 2000 OP- CRC-Optional protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography - 25 May 2000OP- CRC-Optional protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography - 25 May 2000 OP-CAT Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment -18 Dec 2002OP-CAT Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment -18 Dec 2002 CRPD Optional Protocol to the Convention on the Rights of Persons with Disabilities - 12 Dec 2006CRPD Optional Protocol to the Convention on the Rights of Persons with Disabilities - 12 Dec 2006

CERDICCPRICESCCEDA W MWCCATCRCCRPD Afghanistan  Cambodia  s  s India  Burma  Thailand  Pakistan  Malaysia  Bangladesh  Sir Lanka  Philippines  Indonesia  S Solomon  STATUS OF RATIFICATIONS

CERD ICCPR ICESC CEDAW MWC CAT CRC CRPD Mongolia        Japan      Vietnam      Laos      Fiji    Samoa    New Zealand       PNG     