SECTION 2 EUROPEAN COUNCIL
1. Give an oral summary of the following text using
the plan:
3) The organs of the Council of Europe:
a
the Committee of Ministers;
b
the Consultative Assembly;
4) Secretariat;
5) Privileges and immunities.
Statute of Council of
The Governments of the Kingdom of Belgium, the Kingdom of Denmark, the
French Republic, the Irish Republic, the Italian Republic, the Grand Duchy of
Luxembourg, the Kingdom of the Netherlands, the Kingdom of Norway, the Kingdom
of Sweden and the United Kingdom of Great Britain and Northern Ireland,
Convinced that the pursuit of peace based upon justice and international
co-operation is vital for the preservation of human society and civilisation;
Reaffirming their devotion to the spiritual and moral values which are
the common heritage of their peoples and the true source of individual freedom,
political liberty and the rule of law, principles which form the basis of all
genuine democracy;
Believing that, for the maintenance and further realisation of these
ideals and in the interests of economic and social progress, there is a need of
a closer unity between all like-minded countries of
Considering that, to respond to this need and to the expressed
aspirations of their peoples in this regard, it is necessary forthwith to
create an organisation which will bring European States into closer
association,
Have in consequence decided to set up a Council of Europe consisting of a
committee of representatives of governments and of a consultative assembly, and
have for this purpose adopted the following Statute.
a The aim of the Council of Europe is to achieve a greater unity between
its members for the purpose of safeguarding and realising the ideals and
principles which are their common heritage and facilitating their economic and
social progress.
b This aim shall be pursued through the organs of the Council by
discussion of questions of common concern and by agreements and common action
in economic, social, cultural, scientific, legal and administrative matters and
in the maintenance and further realisation of human rights and fundamental
freedoms.
c Participation in the Council of Europe shall not affect the
collaboration of its members in the work of the United Nations and of other
international organisations or unions to which they are parties.
d Matters relating to national defence do not fall within the scope of the
Council of Europe.
The members of the Council of Europe are the Parties to this Statute.
Every member of the Council of Europe must accept the principles of the
rule of law and of the enjoyment by all persons within its jurisdiction of
human rights and fundamental freedoms, and collaborate sincerely and
effectively in the realisation of the aim of the Council as specified in
Chapter I.
Any
a In special circumstances, a European country which is deemed to be able
and willing to fulfil the provisions of Article 3 may be invited by the
Committee of Ministers to become an associate member of the Council of Europe.
Any country so invited shall become an associate member on the deposit on its
behalf with the Secretary General of an instrument accepting the present
Statute. An associate member shall be entitled to be represented in the
Consultative Assembly only.
b The expression "member" in this Statute includes an associate
member except when used in connexion with representation on the Committee of
Ministers.
Before issuing invitations under Article 4, 5 above, the Committee of Ministers shall
determine the number of representatives on the Consultative Assembly to which
the proposed member shall be entitled and its proportionate financial
contribution.
Any member of the Council of Europe may withdraw by formally notifying
the Secretary General of its intention to do so. Such withdrawal shall take
effect at the end of the financial year in which it is notified, if the
notification is given during the first nine months of that financial year. If
the notification is given in the last three months of the financial year, it
shall take effect at the end of the next financial year.
Any member of the Council of Europe which has seriously violated Article
3 may be suspended from its rights of representation and requested by the
Committee of Ministers to withdraw under Article 7. If such member does not
comply with this request, the Committee may decide that it has ceased to be a
member of the Council as from such date as the Committee may determine.
The Committee of Ministers may suspend the right
of representation on the Committee and on the Consultative Assembly of a member
which has failed to fulfil its financial obligation during such period as the
obligation remains unfulfilled.
The organs of the Council of Europe are:
i the Committee of Ministers;
ii the Consultative Assembly.
Both these organs shall be served by the Secretariat of the Council of
Europe.
The seat of the Council of Europe is at Strasbourg.
The official languages of the Council of Europe are English and French.
The rules of procedure of the Committee of Ministers and of the Consultative
Assembly shall determine in what circumstances and under what conditions other
languages may be used.
The Committee of Ministers is the organ which acts on behalf of the
Council of Europe in accordance withArticle 15 and 16.
Each member shall be entitled to one
representative on the Committee of Ministers, and each representative shall be
entitled to one vote.
Representatives on the Committee shall be the
Ministers for Foreign Affairs. When a Minister for Foreign Affairs is unable to
be present or in other circumstances where it may be desirable, an alternate
may be nominated to act for him, who shall, whenever possible, be a member of
his government.
Article 15
a On the
recommendation of the Consultative Assembly or on its own initiative, the
Committee of Ministers shall consider the action required to further the aim of
the Council of Europe, including the conclusion of conventions or agreements
and the adoption by governments of a common policy with regard to particular
matters. Its conclusions shall be communicated to members by the Secretary
General.
b In
appropriate cases, the conclusions of the Committee may take the form of
recommendations to the governments of members, and the Committee may request
the governments of members to inform it of the action taken by them with regard
to such recommendations.
The Committee of Ministers shall, subject to the
provisions of Articles24, 28, 30, 32, 33 and 35, relating to the powers of the
Consultative Assembly, decide with binding effect all matters relating to the
internal organisation and arrangements of the Council of Europe. For this
purpose the Committee of Ministers shall adopt such financial and
administrative arrangements as may be necessary.
The Committee of Ministers may set up advisory and technical committees
or commissions for such specific purposes as it may deem desirable.
The Committee of Ministers shall adopt its rules of procedure, which
shall determine amongst other things:
i the quorum;
ii the method of appointment
and term of office of its President;
iii the procedure for
the admission of items to its agenda, including the giving of notice of
proposals for resolutions; and
iv the notifications
required for the nomination of alternates underArticle 14.
At each session of the Consultative Assembly the Committee of Ministers
shall furnish the Assembly with statements of its activities, accompanied by
appropriate documentation.
a Resolutions
of the Committee of Ministers relating to the following important matters,
namely:
i recommendations
under Article 15b;
ii questions
under Article 19;
iii questions
under Article 21.a. i and b;
iv questions
underArticle 33;
v
recommendations for the amendment of Articles 1.d, 7,
15, 20 and 22;
vi
any other question which the Committee may, by a resolution passed under d
below, decide should be subject to a unanimous vote on account of its
importance, require the unanimous vote of the representatives casting a vote,
and of a majority of the representatives entitled to sit on the Committee.
b Questions
arising under the rules of procedure or under the financial and administrative
regulations may be decided by a simple majority vote of the representatives
entitled to sit on the Committee.
c Resolutions
of the Committee under Article 4 and 5 require a two-thirds majority of all the
representatives entitled to sit on the Committee.
d All other
resolutions of the Committee, including adoption of the budget, of rules of
procedure and of financial and administrative regulations, recommen-dations
for the amendment of articles of this Statute, other than those mentioned in
paragraph a.v above, and deciding in case of doubt which paragraph of this
article applies, require a two-thirds majority of the representatives casting a
vote and of a majority of the representatives entitled to sit on the Committee.
a Unless the
Committee decides otherwise, meetings of the Committee of Ministers shall be
held:
i in
private, and
ii at the seat
of the Council.
b The
Committee shall determine what information shall be published regarding the
conclusions and discussions of a meeting held in private.
c The
Committee shall meet before and during the beginning of every session of the
Consultative Assembly and at such other times as it may decide.
The Consultative Assembly is the deliberative
organ of the Council of Europe. It shall debate matters within its competence
under this Statute and present its conclusions, in the form of recommendations,
to the Committee of Ministers.
a The
Consultative Assembly may discuss and make recommendations upon any matter
within the aim and scope of the Council of Europe as defined in Chapter I. It
shall also discuss and may make recommendations upon any matter referred to it
by the Committee of Ministers with a request for its opinion.
b The
Assembly shall draw up its agenda in accordance with the provisions of
paragraph a above. In so doing, it shall have regard to the work of other
European intergovernmental organisations to which some or all of the members of
the Council are parties.
c The
President of the Assembly shall decide, in case of doubt, whether any question
raised in the course of the session is within the agenda of the Assembly.
The Consultative Assembly may, with due regard to
the provisions of Article 38.d, establish committees or commissions to consider
and report to it any matter which falls within its competence under Article 23,
to examine and prepare questions on its agenda and to advise on all matters of
procedure.
a The
Consultative Assembly shall consist of representatives of each member, elected
by its parliament from among the members thereof, or appointed from among the
members of that parliament, in such manner as it shall decide, subject,
however, to the right of each member government to make any additional
appointments necessary when the parliament is not in session and has not laid
down the procedure to be followed in that case. Each representative must be a
national of the member whom he represents, but shall not at the same time be a
member of the Committee of Ministers. The term of office of representatives
thus appointed will date from the opening of the ordinary session following
their appointment; it will expire at the opening of the next ordinary session
or of a later ordinary session, except that, in the event of elections to their
parliaments having taken place, members shall be entitled to make new
appointments. If a member fills vacancies due to death or resignation, or
proceeds to make new appointments as a result of elections to its parliament,
the term of office of the new representatives shall date from the first sitting
of the Assembly following their appointment
b
No representative shall be deprived of his position as such during a session of
the Assembly without the agreement of the Assembly.
c
Each representative may have a substitute who may, in the absence of the
representative, sit, speak and vote in his place. The provisions of paragraph a
above apply to the appointment of substitutes.
The conditions under which the Committee of
Ministers collectively may be represented in the debates of the Consultative
Assembly, or individual representatives on the Committee or their alternates
may address the Assembly, shall be determined by such rules of procedure on
this subject as may be drawn up by the Committee after consultation with the
Assembly.
a The
Consultative Assembly shall adopt its rules of procedure and shall elect from
members its President, who shall remain in office until the next ordinary
session.
b The
President shall control the proceedings but shall not take part in the debate
or vote. The substitute of the representative who is President may sit, speak
and vote in his place.
c The rules
of procedure shall determine inter alia:
i the
quorum;
ii the
manner of the election and terms of office of the President and other officers;
iii the manner
in which the agenda shall be drawn up and be communicated to representatives;
iv the time
and manner in which the names of representatives and their substitutes shall be
notified.
Subject to the provisions of Article 30, all
resolutions of the Consultative Assembly, including resolutions:
i embodying
recommendations to the Committee of Ministers;
ii
proposing to the Committee matters for discussion in the Assembly;
iii
establishing committees or commissions;
iv
determining the date of commencement of its sessions;
v
determining what majority is required for resolutions in cases not covered by
sections i to iv above or determining cases of doubt as to what majority is
required, shall require a two-thirds majority of the representatives casting a
vote.
On matters relating to its internal procedure,
which includes the election of officers, the nomination of persons to serve on
committees and commissions and the adoption of rules of procedure, resolutions
of the Consultative Assembly shall be carried by such majorities as the
Assembly may determine in accordance with Article 29. v .
Debates on proposals to be made to the Committee
of Ministers that a matter should be placed on the agenda of the Consultative
Assembly shall be confined to an indication of the proposed
subject-matter and the reasons for and against its inclusion in the agenda.
The Consultative Assembly shall meet in ordinary session once a year, the
date and duration of which shall be determined by the Assembly so as to avoid
as far as possible overlapping with parliamentary sessions of members and with
sessions of the General Assembly of the United Nations. In no circumstances
shall the duration of an ordinary session exceed one month unless both the
Assembly and the Committee of Ministers concur.
Ordinary sessions of the Consultative Assembly shall be held at the seat
of the Council unless both the Assembly and the Committee of Ministers concur
that the session should be held elsewhere.
The Consultative Assembly may be convened in extraordinary session, upon
the initiative either of the Committee of Ministers or of the President of the
Assembly after agreement between them, such agreement also to determine the
date and place of the session.
Unless the Consultative Assembly decides otherwise, its debates shall be
conducted in public.
Article 36
a The Secretariat shall consist of a Secretary General, a Deputy Secretary
General and such other staff as may be required.
b The Secretary General and Deputy Secretary General shall be appointed by
the Consultative Assembly on the recommendation of the Committee of Ministers.
c The remaining staff of the Secretariat shall be appointed by the
Secretary General, in accordance with the administrative regulations.
d No member of the Secretariat shall hold any salaried office from any
government or be a member of the Consultative Assembly or of any national
legislature or engage in any occupation incompatible with his duties.
e Every member of the staff of the Secretariat shall make a solemn
declaration affirming that his duty is to the Council of Europe and that he
will perform his duties conscientiously, uninfluenced by any national
considerations, and that he will not seek or receive instructions in connexion
with the performance of his duties from any government or any authority
external to the Council and will refrain from any action which might reflect on
his position as an international official responsible only to the Council. In
the case of the Secretary General and the Deputy Secretary General this
declaration shall be made before the Committee, and in the case of all other
members of the staff, before the Secretary General.
f Every member shall respect the exclusively international character of
the responsibilities of the Secretary General and the staff of the Secretariat
and not seek to influence them in the discharge of their responsibilities.
Chapter VIII -
Privileges and immunities
a The Council of Europe, representatives of members and the Secretariat
shall enjoy in the territories of its members such privileges and immunities as
are reasonably necessary for the fulfilment of their functions. These
immunities shall include immunity for all representatives to the Consultative
Assembly from arrest and all legal proceedings in the territories of all
members, in respect of words spoken and votes cast in the debates of the
Assembly or its committees or commissions.
b The members undertake as soon as possible to enter into agreement for
the purpose of fulfilling the provisions of paragraph a above. For this purpose
the Committee of Ministers shall recommend to the governments of members the
acceptance of an agreement defining the privileges and immunities to be granted
in the territories of all members. In addition, a special agreement shall be
concluded with the Government of the French Republic defining the privileges
and immunities which the Council shall enjoy at its seat.
2. Read and translate the text
into Ukrainian.
The term "declaration" usually denotes a treaty
that declares existing law with or without modification, or creates new law. It
may, however, be pointed out that not all declarations are to be regarded as
treaties as they do not create contractual obligations between two or more
states.
Although sometimes declarations
(i. e. legally binding agreements) are important international agreements in
themselves, they are more often appended to a treaty or convention to form a
subsidiary compact, or to place on record some understanding reached or some
explanation given. A mere general statement of policy and principles cannot be
regarded as intending to give rise to a contractual obligation in the strict
sense of the word.
Ministers for Foreign Affairs,
even heads of government or heads of state, now frequently meet for a few days,
even for a few hours, to discuss policies and problems of common interest to
their countries. These meetings lead to what is sometimes known under the
traditional term of "Declaration" or "Communique".
The results of such conferences are usually, for lack of
time, not set out in formal treaties signed in the traditional manner.
Furthermore, the members of the executive authority do not usually need special
powers. Very often, the participants confine themselves to the drawing up of a
common statement which is handed out during a press conference. Such documents,
which can have an outstanding importance and political influence and be binding
upon the participating governments may have none of the classic character of
international agreements.
Legal experts are concerned over
the obligatory value of these "declarations of intention" or
"statements of policy and principles", the juridical character of
which must still be defined. Normally, because of their designation of
"declaration" or "communique", they are assumed to constitute
statements of intention or policy rather than to constitute international
commitments such as are normally embodied in the customary form of an
international agreement.
The title "Declaration" is also frequently given to agreements between governments regarding some minor matter, and has been used in this way for a considerable number of agreements on such subjects as modification of a former convention, execution of letters of request, recognition of tonnage certificates, fishery regulations, etc. These may or may not provide for ratification.
A
Answer the questions:
1. What does the term
"declaration" denote? 2. Are all declarations to be regarded as
treaties? 3. When can an international instrument be regarded as legally
binding? 4. What is the usual form of a declaration? 5. What is "a
declaration of intention"? Is it assumed to constitute any international
commitments? 6. What are the final documents of summit meetings? 7. What
subjects are generally covered in a declaration?
B
Study the use of italicized words in different phrases, suggest their
Ukrainian equivalents.
customs ~; a joint ~; a political
~; a solemn ~; a ~ for (against) smth; a ~ of independence; a ~ of policy; a ~
of the poll; a ~ of rights, a ~ of war; the ~ on the Granting of Independence
to Colonial Countries and Peoples; the UN ~ on the Elimination of All Forms of
Racial Discrimination; the Universal ~ of Human Rights; to make a ~; to sign a
~.
a foreign policy ~; a formal
(official) ~; a Joint ~; an unfounded ~; a verbal ~; a written ~; a ~ of the
defence, a ~ of the prosecution; to come out with a public ~; to issue
(publish) a ~; to make a ~; to make a ~ for the press.
C
Suggest the English for:
1) Всесвітня декларація прав
людини; 2) Декларація про надання незалежності колоніальним країнам та народам;
3) заява з питань зовнішньої політики; 4) необгрунтована заява; 5) спільна
заява; 6) урочиста декларація; 7) оголошення війни; 8) оголошення результатів
голосування; 9) виступити з заявою для преси; 10) зробити заяву.
3. Memorize the phrases below,
suggest their Ukrainian equivalents.
1) the commitments earlier assumed
by the Sides; 2) equality and mutual benefit; 3) full respect for sovereignty
and territorial integrity; 4) a general statement of policy; 5) a legally
binding agreement; 6) non-interference in internal affairs; 7) to be appended
to a treaty; 8) to be regarded as a treaty: 9) to create contractual
obligations: 10) to place on record some understanding reached.
4. Memorize the archaic words below pertaining to the formal style.
Translate into Ukrainian using the following definitions:
whereas: in view of the fact
that; taking into consideration; in contrast or comparison with;
whereat: at which place; for
which reason;
whereby: by which means; in
consequence of which;
wherefrom: from which; whence;
wherein: in which place or
respect;
whereof: of what, which, or
whom;
whereon: on which;
whereto: to which: towards what
place, direction, or end;
whereupon: in consequence of
which: immediately after which;
wherewith: with which.
4.1 Translate into Ukrainian
paying attention to the words in bold type.
1 The ideal of free human beings
can only be achieved if conditions are created whereby everyone may
enjoy his civic and political rights. 2. Decision 3.3 wherein the
Executive Board expressed its opinion concerning the future presentation of c/5
documents is of particular importance. 3. The procedure by which the present
Convention is to be applied is defined in the Regulations for its execution,
which constitute an integral part thereof. 4. Any High Contracting Party
may, at the time of ratification or accession, or at any time thereafter,
declare that the present Protocol shall extend to all territories for whose
international relations it is responsibility. 5. In faith whereof the
undersigned, duly authorized, have signed the present Convention. 6. The
Director-General shall lay down and enforce rules and provisions consistent
therewith. 7. Unesco's programmes in the field of communication are based
upon the fundamental principles stated therein.
5. Translate Into English taking
note of the words and phrases in bold type.
1. Усяка спроба, направлена
на те, щоб частково або повністю порушити ззовні територіальну цілісність
країни, несумісна з цілями і принципами ООН. 2. Необхідно віддавати пріоритет у
програмі соціальних наук їх розвитку у країнах третього світу з тим, щоб дозволити
їм краще зрозуміти своє становище. 3. У межах цієї мети ЮНЕСКО доручено
виконання в Африці проекту надання допомоги Секретаріату Західноафриканської
економічної співдружності. 4. З цією метою необхідно приділяти більше
уваги гармонізації політики у галузях освіти та культури. 5. Цей підхід повинен
мати на меті розвиток здібності вирішувати сучасні проблеми. 6. Особливу
увагу слід приділити міжнародному співробітництву з метою сприяння проведенню у
життя довгострокових планів.
6. Translate the following texts into Ukrainian:
Fifty years ago, the United Nations General
Assembly adopted the Universal Declaration of Human Rights as a bulwark against
oppression and discrimination. In the wake of a devastating world war, which
had witnessed some of the most barbarous crimes in human history, the Universal
Declaration marked the first time that the rights and freedoms of individuals
were set forth in such detail. It also represented the first international
recognition that human rights and fundamental freedoms are applicable to every
person, everywhere. In this sense, the Universal Declaration was a landmark
achievement in world history. Today, it continues to affect people's lives and
inspire human rights activism and legislation all over the world.
The Universal Declaration is remarkable in two fundamental
aspects. In 1948, the then 58 Member States of the United Nations represented a
range of ideologies, political systems and religious and cultural backgrounds,
as well as different stages of economic development. The authors of the
Declaration, themselves from different regions of the world, sought to ensure
that the draft text would reflect these different cultural traditions and
incorporate common values inherent in the world's principal legal systems and
religious and philosophical traditions. Most important, the Universal
Declaration was to be a common statement of mutual aspirations - a shared
vision of a more equitable and just world.
The success of their endeavour is demonstrated by
the virtually universal acceptance of the Declaration. Today, the Universal
Declaration, translated into nearly 250 national and local languages, is the
best known and most cited human rights document in the world. The foundation of
international human rights law, the Universal Declaration serves as a model for
numerous international treaties and declarations and is incorporated in the
constitutions and laws of many countries.
For the first time in history, the international
community embraced a document considered to have universal value - "a
common standard of achievement for all peoples and all nations". Its
Preamble acknowledges the importance of a human rights legal framework to
maintaining international peace and security, stating that recognition of the
inherent dignity and equal and inalienable rights of all individuals is the
foundation of freedom, justice and peace in the world. Elaborating the United
Nations Charter's declared purpose of promoting social progress and well-being
in larger freedom, the Declaration gives equal importance to economic, social and
cultural rights and to civil rights and political liberties, and affords them
the same degree of protection. The Declaration has inspired more than 60
international human rights instruments, which together constitute a
comprehensive system of legally binding treaties for the promotion and
protection of human rights.
The Universal Declaration covers the range of human rights in 30 clear
and concise articles. The first two articles lay the universal foundation of
human rights: human beings are equal because of their shared essence of human
dignity; human rights are universal, not because of any State or international
organization, but because they belong to all of humanity. The two articles
assure that human rights are the birthright of everyone, not privileges of a
select few, nor privileges to be granted or denied. Article 1 declares that
"all human beings are born equal in dignity and rights. They are endowed
with reason andconscience and should act towards one another in a spirit of
brotherhood." Article 2 recognizes the universal dignity of a life free
from discrimination. "Everyone is entitled to all the rights and freedoms
set forth in this Declaration, without distinction of any kind such as race,
colour, sex, language, religion, political or other opinion, national or social
origin, property, birth or other status."
The first cluster of articles, 3 to 21, sets forth
civil and political rights to which everyone is entitled. The right to life,
liberty and personal security, recognized in Article 3, sets the base for all
following political rights and civil liberties, including freedom from slavery,
torture and arbitrary arrest, as well as the rights to a fair trial, free
speech and free movement and privacy.
The second cluster of articles, 22 to27, sets forth the economic,
social and cultural rights to which all human beings are entitled. The
cornerstone of these rights is Article 22, acknowledging that, as a member of
society, everyone has the right to social security and is therefore entitled to
the realization of the economic, social and cultural rights
"indispensable" for his or her dignity and free and full personal
development. Five articles elaborate the rights necessary for the enjoyment of
the fundamental right to social security, including economic rights related to
work, fair remuneration and leisure, social rights concerning an adequate
standard of living for health, well-being and education, and the right to
participate in the cultural life of the community.
The third and final cluster of articles, 28 to 30, provides a larger
protective framework in which all human rights are to be universally enjoyed.
Article 28 recognizes the right to a social and international order that
enables the realization of human rights and fundamental freedoms. Article 29
acknowledges that, along with rights, human beings also have obligations to the
community which also enable them to develop their individual potential freely
and fully. Article 30, finally, protects the interpretation of the articles of
the Declaration from any outside interference contrary to the purposes and
principles of the United Nations. It explicitly states that no State, group or
person can claim, on the basis of the Declaration, to have the right to engage
in any activity or to perform any act aimed at the destruction of any of the
rights and freedoms set forth in the Universal Declaration.
Text 2 International Bill of Human Rights
Once the Universal Declaration of Human Rights was adopted, the
Commission on Human Rights, the premier human rights intergovernmental body
within the United Nations, set out to translate its principles into
international treaties that protected specific rights. Given the unprecedented
nature of the task, the General Assembly decided to draft two Covenants
codifying the two sets of rights outlined in the Universal Declaration: Civil
and Political Rights and Economic, Social and Cultural Rights. The Member
States debated the individual provisions for two decades, seeking to give explicit
endorsement to certain aspects of the universality of human rights only
implicitly referred to in the Universal Declaration, such as the right of all
peoples to self-determination, as well as reference to certain vulnerable
groups, such as indigenous people and minorities.
Consensus was reached in 1966, and the United
Nations General Assembly adopted the International Covenant on Economic, Social
and Cultural Rights and the International Covenant on Civil and Political
Rights that year. The preambles and articles 1, 2, 3 and 5 are virtually
identical in both International Covenants. Both preambles recognize that human
rights derive from the inherent dignity of human beings. Article 1 of each
Covenant affirms that all peoples have the right of self-determination and that
by virtue of that right they are free to determine their political status and
to pursue their economic, social and cultural development. Article 2, in both
cases, reaffirms the principle of non-discrimination, echoing the Universal Declaration,
while Article 3 stresses that States should ensure the equal right of men and
women to the enjoyment of all human rights. Article 5 of both Covenants echoes
the final provision of the Universal Declaration, providing safeguards against
the destruction or undue limitation of any human right or fundamental freedom.
Two Optional Protocols elaborate certain provisions of the Covenant on Civil
and Political Rights, one providing for complaints by individuals, the other
advocating the abolition of the death penalty.
When they entered into force in 1976, the two
International Covenants made many of the provisions of the Universal
Declaration effectively binding for States that ratified them. These two
International Covenants, together with the Universal Declaration and the
Optional Protocols, comprise the International Bill of Human Rights.
Over 60 human rights treaties elaborate
fundamental rights and freedoms contained in the International Bill of Human
Rights, addressing concerns such as slavery, genocide, humanitarian law, the
administration of justice, social development, religious tolerance, cultural
cooperation, discrimination, violence against women, and the status of refugees
and minorities. The following four Conventions, relating to racial discrimination,
torture, women and children, are considered core human rights treaties,
together with the two International Covenants:
The International Convention on the Elimination of
All Forms of Racial Discrimination (adopted in 1965/entry into force 1969) was
a ground-breaking treaty defining and condemning racial discrimination. Calling
for national measures towards the advancement of specific racial or ethnic
groups, the Convention also makes the dissemination of ideas based on racial
superiority or inspiring racial hatred punishable by law.
The Convention on the Elimination of All Forms of
Discrimination against Women (1979/1981) specifies measures for the advancement
and empowerment of women in private and public life, particularly in the areas
of education, employment, health, marriage and the family.
The Convention against Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment (1984/1987) bans torture and rape
as weapons of war. In 1998, in a major effort to help torture victims and to step
up international attempts to end torture, the United Nations declared 26 June
as the annual International Day in Support of Victims of Torture.
The Convention on the Rights of the Child
(1989/1990) is the most universally ratified human rights Convention. Only two
Member States, the United States and Somalia, are not yet parties to the Convention, which protects
children, among other things, from economic and sexual exploitation.
Some 14 States have incorporated provisions of the
Convention on the Rights of the Child into their constitutions, while 35 have
passed new laws conforming to the Convention or amended laws related to child
abuse, child labour and adoption. Other Member States have extended the length
of compulsory education, guaranteed child refugees and minority children
special protection or reformed juvenile justice systems, as stipulated by the
Convention.