Civil and political right

Civil and political right

Article 3 to 21 of the Universal declaration of human right deals with the civil and political right. These are the following:

         1)    Right to life, liberty and security of persons (Article 3);

slavery

        2)    Freedom from slavery or servitude (Article 4);

        3)    Prohibition against torture, inhuman or degrading treatment or punishment (Article 5);

      4)    Recognition as a person before the law (Article 6);

equality before law

      5)    Equality before the law and equal protection of law without any discrimination (Article 7); 

       6)    Effective remedy before the national tribunals (Article 8);

       7)    Freedom from arbitrary arrest, detention or exile (Article 9);

      8)    Right to fair and public hearing by an independent and impartial tribunal  (Article 10);

      9)    Presumption of innocence until proved guilty in a public trial with all guarantees necessary for defense in criminal cases (Article 11 Para 1);

10)    Freedom from ex –post facto law (Article 11 Para 2);

11)    Right to privacy, family, home and correspondence (Article 12);

12)    Right to free movement and residence within border of a state (Article 13 Para 1);

13)    Right to leave any country, including his own and to return his country (Article 13 Para 2);

14)    Right to seek and to enjoy in other countries asylum from persecution (Article 14 Para 1); 

15)    Right to nationality (Article 15);

16)    Right to marry and found a family (Article 16);

17)    Right to own property (Article 17);

18)    Right to freedom of thought, conscience and religion (Article 18);

19)    Right to freedom of opinion and expression (Article 19);

peaceful assembly

20)    Right to freedom of peaceful assembly and association  (Article 20);

21)    Right to participate in the government of his country Article 21);

Universal declaration of human right, 1948

Universal declaration of human right, 1948

Human Right

The united nation from very day of its inception from 1945 till date worked to secure women’s legal equality. The united nation has choked out a comprehensive programme by means of various conventions to uplift and develop the status of women in education, political, economical including the position in social life. With formation of commission on human right and commission on then status of women in 1946 and the adoption of universal declaration of human right 1948.  The united nation has also undertaken a massive research study to access the position and status of women throughout the world. It was found that in many part of the world the women have constantly denied equality in law and also in practice. They are compelled to live under male dominated world and are subjected to variety of discrimination and humiliation. As a result the united nation has incorporated a series of treaties and conventions to achieve the equal legal and political status of women throughout the world.

It is pertinent to briefly discuss the achievement of United Nation in the field of women right since 1948. These are:-

1.    1.Universal declaration of human right, 1948;

2.    2.Convention on the political right of women, 1953;

3.    3.Convention on nationality of married women, 1957;

4.    4.Declaration on elimination of discrimination against women, 1967;

5.   5. Convention on the elimination of all form of discrimination against women, 1979;

6.    6.Declaration on the elimination of violence against women, 1993;

7.    7.Optional protocol to the convention on the elimination of discrimination against women, 1999;

8.    8.Commission on status of women

Universal declaration of human right, 1948

The preamble of the universal declaration of human right 1948, declares the universal declaration of human right, as a common standards of achievement for all people and for all Nation, with the end that every individual and every organ of the social order, performance of this announcement always in brain, shall struggle by instruction and humanizing to promote respect for these right and freedom and by progressive measures, national and international , to secure their universal and efficient acknowledgment  and observation both amid the public of associate states themselves and among and among people of territories and their jurisdiction.

Child Right

The preamble clearly declares as the common standards of achievement of all people and all nations. If this declaration is to be construed as a recommendation, a question arises as to whom this recommendation has been made. It is not addressed either to the member or the state or the government. According to KELSON, the declaration is intended to be a common standard of achievement for all people and all nation, and that the declarations is made with the end that every individual and every organ of society- shall strive to thus general assembly recommends to every individual and every organ of society to do something with respect to the human right laid down in the declaration.

How ever in the view of jurist C. BUNCH, -“ human right instrument of women and government  can be made to take gender based violation more seriously by being held accountable for implementation of laws against them.

child right

No discrimination

Thus, preamble of declaration shows the importance and necessity of having faith in the fundamental human right and dignity of individual including men and women. The declaration envisaged the basic principles of human right in most comprehensive manner. The declaration death with civil and political right of men and women in terms of equality. It also deals with social and economic right.

According to article 2 of Universal declaration of human right, “Every one is entitled to all right and freedom set forth in this declaration without discrimination of any kind, such as race color, sex, language, religion, political or other opinion, national or social origin, property or other status. Therefore, no discrimination shall be made on the basis of the political, jurisdictional status of the country  to which a person belongs.