Written 4:38 PM Sep 12, 1994 by icpd:ngonet in igc:icpd.general ---------- "WEDO FACT SHEET ON HUMAN RIGHTS" ---------- *** WEDO fact sheet on Human Rights for Women's Caucus *** Women's Caucus at ICPD Human Rights Document 1 Precedents for Principles Contained In Chapter II of the ICPD Draft Document Prepared for the Women's Caucus Writing Analysis Group by the Center for Reproductive Law and Policy, New York This memo provides exact citations and quotations from existing international human rights and other United Nations documents to support much of the text contained within Chapter II. Because we produced this memo within a rather short period of time, we have been unable to obtain, and hence, cite to the OAS Convention On the Eradication and Elimination of Violence Against Women. We also wish to remind you that the CEDAW Recommendations quoted in this memo do not necessarily reflect government consensus. Such recommendations are developed by an international expert body to aid in the interpretation and enforcement of the Women's Convention. CHAPEAU - Recommendations for the Further Implementation of the World Population Plan of Action at Mexico City, 1984 (the "Mexico City Plan of Action"), Paragraph 4: "The principles and objectives of the World Population Plan of Action affirm that the principal aim of social, economic and cultural development, of which population goals and policies are integral parts, is to improve the standards of living and quality of life of the people. Achieving this goal requires co-ordinated action in population with all socio-economic fields; thus, population trends must be co-ordinated with trends of economic and social development. In helping to achieve this co-ordination, the World Population Plan of Action should become an essential component of the system of international strategies for the promotion of economic development, the quality of life, human rights and fundamental freedoms." PRINCIPLE 1 - Universal Declaration of Human Rights (the "Universal Declaration"), Article 2: "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." - Vienna Declaration and Programme of Action, June 1993 (the "Vienna Declaration"): Section I, Paragraph 5: "All human rights are universal, indivisible and interdependent and interrelated. The international community must treat human rights globally in a fair and equal manner, on the same footing, and with the same emphasis. While the significance of national and regional particularities and various historical, cultural and religious backgrounds must be borne in mind, it is the duty of States, regardless of their political, economic and cultural systems, to promote and protect all human rights and fundamental freedoms." Section I, Paragraph 8: "Democracy, development and respect for human rights and fundamental freedoms are interdependent and mutually reinforcing. . . . In the context of the above, the promotion and protection of human rights and fundamental freedoms at the national and international levels should be universal and conducted without conditions attached." - The Mexico City Plan of Action, Paragraph 4: See page 1. PRINCIPLE 2 First and Second Sentences - Rio Declaration on Environment and Development (the "Rio Declaration"), Principle 1: "Human beings are at the centre of concerns for sustainable development. They are entitled to a healthy and productive life in harmony with nature." Last Sentence - International Covenant on Economic, Social and Cultural Rights (the "Economic Rights Covenant"), Article 11(1): "The States Parties to the present Covenant recognize the right of everyone to an adequate standard of living for himself and his family, including adequate food, clothing and housing, and to the continuous improvement of living conditions. The States Parties will take appropriate steps to ensure the realization of this right, recognizing to this effect the essential importance of international co-operation based on free consent." PRINCIPLE 3 First Sentence - The Vienna Declaration, Section II, Paragraph 38: "In particular, the World Conference on Human Rights stresses the importance of working towards the elimination of violence against women in public and private life, the elimination of all forms of sexual harassment, exploitation and trafficking in women, the elimination of gender bias in the administration of justice and the eradication of any conflicts which may arise between the rights of women and the harmful effects of certain traditional or customary practices, cultural prejudices and religious extremism." - CEDAW General Recommendation Number 19, ("CEDAW Recommendation 19"), Paragraph 7: "Gender based violence, which impairs or nullifies the enjoyment by women of human rights and fundamental freedoms under general international law or under human rights conventions is discrimination within the meaning of article 1 of the Convention. These rights and freedoms include: a. the right to life; b. the right not to be subject to torture or to cruel, inhuman or degrading treatment or punishment; c. the right to the equal protection according to humanitarian norms in times of international or internal armed conflict d. the right to liberty and security of person; e. the right to the equal protection under the law; f. the right to equality in the family; g. the right to the highest standard attainable of physical and mental health; h. the right to just and favourable conditions of work." - Declaration on the Elimination of Violence Against Women, Article 4: "States should condemn violence against women and should not invoke any custom, tradition or religious consideration to avoid their obligations with respect to its elimination. States should pursue by all appropriate means and without delay a policy of eliminating violence against women . . . ." - Nairobi Forward Looking Strategies, Paragraph 156: "The ability of women to control their own fertility forms an important basis for enjoyment of other rights." Second Sentence - The Mexico City Plan of Action, Recommendation 5: "Governments are strongly urged to integrate women fully into all phases of the development process, including planning, policy and decision- making. Governments should pursue more aggressively action programmes aimed at improving and protecting the legal rights and status of women through efforts to identify and to remove institutional and cultural barriers to women's education, training, employment and access to health care." - World Population Plan of Action of Bucharest 1974 (the "Bucharest Plan of Action"), Paragraph 14(h): "Women have the right to complete integration in the development process particularly by means of an equal access to education and equal participation in social, economic, cultural and political life." PRINCIPLE 4 First and Second Sentences - The Bucharest Plan of Action, Paragraphs 14(a) and (d): "The formulation and implementation of population policies is the sovereign right of each nation. This right is to be exercised in accordance with national objectives and needs and without external interference, taking into account universal solidarity in order to improve the quality of life of the people of the world. However, international cooperation should play an important role in accordance with the principles of the United Nations Charter. The Plan of Action is based on the following principles: a. The principal aim of social, economic and cultural development, of which population goals and policies are integral parts, is to improve levels of living and the quality of life of the people. . d. Population policies are constituent elements of socio-economic development policies, never substitutes for them: while serving socio-economic objectives, they should be consistent with internationally and nationally recognized human rights of individual freedom, justice and the survival of national, regional and minority groups." - The Vienna Declaration, Section I, Paragraph 8: "Democracy, development and respect for human rights and fundamental freedoms are interdependent and mutually reinforcing. . . . In the context of the above, the promotion and protection of human rights and fundamental freedoms at the national and international levels should be universal and conducted without conditions attached." PRINCIPLE 5 - The Rio Declaration, Principle 8: "To achieve sustainable development and a higher quality of life for all people, States should reduce and eliminate unsustainable patterns of production and consumption and promote appropriate demographic policies." PRINCIPLE 6 First Sentence - The Vienna Declaration, Part I, Paragraph 14: "The existence of widespread extreme poverty inhibits the full and effective enjoyment of human rights; its immediate alleviation and eventual elimination must remain a high priority for the international community." - The Rio Declaration, Principle 5: "All States and all people shall cooperate in the essential task of eradicating poverty as an indispensable requirement for sustainable development, in order to decrease the disparities in standards of living and better meet the needs of the majority of the people of the world." Second Sentence - The Rio Declaration, Principle 6: "The special situation and needs of developing countries, particularly the least developed and those most environmentally vulnerable, shall be given special priority. International actions in the field of environment and development should also address the interests and needs of all countries." Third Sentence - General Assembly Resolution 48/181: Integration of the economies in transition into the world economy, Paragraph 1: "The General Assembly reaffirms the need for the full integration of the countries with economies in transition as well as of all other countries into the world economy, in particular through improved market access for their exports of goods and services; such integration will simultaneously support the systemic transformation of countries with economies in transition towards market-oriented policies and have a positive impact on world trade and global economic growth and development." PRINCIPLE 7 First Sentence, Part I - International Covenant on Civil and Political Rights, (the "Political Rights Covenant"), Article 9(1): "Every one has the right to liberty and security of the person. . . No one shall be deprived of his liberty except on such grounds and in accordance with such procedures as are established by law." First Sentence, Part II - Economic Rights Covenant, Article 12(1): "The States Parties to the present Covenant recognize the right of everyone to the enjoyment of the highest attainable standard of physical and mental health." Second Sentence - Convention on the Elimination of All Forms of Discrimination Against Women (the "Women's Convention"), Article 12(1): "States Parties shall take all appropriate measures to eliminate discrimination against women in the field of health care in order to ensure, on a basis of equality of men and women, access to health care services, including those related to family planning." Third Sentence - The Bucharest Plan of Action, Paragraph 14(f): "All couples and individuals have the basic right to decide freely and responsibly the number and spacing of their children and to have the information, education and means to do so; the responsibility of couples and individuals in the exercise of this right takes into account the needs of their living and future children, and their responsibilities towards the community." - The Mexico City Plan of Action,Paragraph 24: "The World Population Plan of Action recognizes, as one of its principles, the basic human right of all couples and individuals to decide freely and responsibly the number and spacing of their children. For this right to be realized, couples and individuals must have access to the necessary education, information and means to regulate their fertility, regardless of the overall demographic goals of the Government . . . ." Fourth Sentence - The Women's Convention, Article 16(1)(e): "States Parties shall take all appropriate measures to eliminate discrimination against women in all matters relating to marriage and family relations and in particular shall ensure, on a basis of equality of men and women: . . . (e) The same rights to decide freely and responsibly on the number and spacing of their children and to have access to the information, education and means to enable them to exercise these rights." - CEDAW General Recommendation Number 21 ("CEDAW Recommendation 21"), Discussion of Article 16(1)(e): "The responsibilities that women have to bear and raise children affect their right of access to education, employment and other activities related to their personal development. They also impose inequitable burdens of work on women. The number and spacing of their children have a similar impact on women's lives and also affect their physical and mental health, as well as that of their children. For these reasons, women are entitled to decide on the number and spacing of their children. . . . Decisions to have children or not, while preferably made in consultation with spouse or partner, must not nevertheless be limited by spouse, parent, partner or Government." PRINCIPLE 8 First Sentence - The Women's Convention, Article 16(1)(e): "States Parties shall take all appropriate measures to eliminate discrimination against women in all matters relating to marriage and family relations and in particular shall ensure, on a basis of equality of men and women: . . . (e) The same rights to decide freely and responsibly on the number and spacing of their children and to have access to the information, education and means to enable them to exercise these rights." Second Sentence - The Vienna Declaration, Part I, Article 11: "Everyone has the right to enjoy the benefits of scientific progress and its applications. The World Conference on Human Rights notes that certain advances, notably in the biomedical and life sciences as well as information technology, may have potentially adverse consequences for the integrity, dignity and human rights of the individual, and calls for international cooperation to ensure that human rights and dignity are fully respected in this area of universal concern." Third Sentence - The Political Rights Covenant, Article 7: "No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment. In particular, no one shall be subjected without his free consent to medical or scientific experimentation." - The Universal Declaration of Human Rights, Article 3: "Everyone has the right to life, liberty and security of the person." PRINCIPLE 9 First Sentence - Declaration on the Right to Development, Article 1: "The right to development is an inalienable human right by virtue of which every human person and all peoples are entitled to participate in, contribute to, and enjoy economic, social, cultural and political development, in which all human rights and fundamental freedoms can be fully realized." - The Vienna Declaration, Part I, Article 10: "The World Conference on Human Rights reaffirms the right to development, as established in the Declaration on the Right to Development, as a universal and inalienable right and an integral part of fundamental human rights. As stated in the Declaration on the Right to Development, the human person is the central subject of development." Second Sentence - The Rio Declaration, Principle 3: "The right to development must be fulfilled so as to equitably meet developmental and environmental needs of present and future generations." PRINCIPLE 10 First Sentence - CEDAW Recommendation 21, Discussion of Article 16: "The form and concept of the family can vary from State to State, and even between regions within a State." - General Assembly Resolution 47/237, The International Year of the Family, preambular paragraph 4: "The General Assembly, conscious of the existence of various concepts of the family in different social, cultural, and political systems. . . ." Second Sentence - The Bucharest Plan of Action, Article 14(g): "The family is the basic unit of society and should be protected by appropriate legislation and policy." - The Mexico City Plan of Action, Paragraph 24: "The World Population Plan of Action recognizes the family, in its many forms, as the basic unit of society and recommends that it should be given legal protection." Second and Third Sentence - The Economic Rights Covenant, Article 10(1): "The widest possible protection and assistance should be accorded to the family, which is the natural and fundamental group unit of society, particularly for its establishment and while it is responsible for the care and education of dependent children. Marriage must be entered into with the free consent of the intending spouses." Third Sentence - The Woman's Convention, Article 16(1)(b): "States Parties shall take all appropriate measures to eliminate discrimination against women in all matters relating to marriage and family relations and in particular shall ensure, on a basis of equality of men and women: . . . (b) The same right to freely choose a spouse and to enter into marriage with their free and full consent." PRINCIPLE 11 First Sentence - The Economic Rights Covenant, Article 13(1): "The States Parties to the present Covenant recognize the right of everyone to education. They agree that education shall be directed to the full development of the human personality and the sense of its dignity, and shall strengthen the respect for human rights and fundamental freedoms. They further agree that education shall enable all persons to participate effectively in a free society, promote understanding, tolerance and friendship among all nations and all racial, ethnic or religious groups, and further the activities of the United Nations for the maintenance of peace." Second Sentence, First Part - Convention on the Rights of the Child (the "Children's Convention"), Article 3(2): "States Parties undertake to ensure the child such protection and care as is necessary for his or her well-being, taking into account the rights and duties of his or her parents, legal guardians, or other individuals legally responsible for him or her, and, to this end, shall take all appropriate legislative and administrative measures." Second Sentence, Second Part - The Children's Convention, Article 19(1): "States Parties shall take all appropriate legislative, administrative, social and educational measures to protect the child from all forms of physical or mental violence, injury or abuse, neglect or negligent treatment, maltreatment or exploitation, including sexual abuse, while in the care of parent(s), legal guardian(s) or any other person who has the care of the child." Third Sentence - The Women's Convention, Article 10 "States Parties shall take all appropriate measures to eliminate discrimination against women in order to ensure to them equal rights with men in the field of education and in particular to ensure, on a basis of equality of men and women: a. The same conditions for career and vocational guidance, for access to studies and for the achievement of diplomas in educational establishments of all categories in rural as well as in urban areas; this equality shall be ensured in pre-school, general, technical, professional and higher technical education, as well as in all types of vocational training; b. Access to the same curricula, the same examinations, teaching staff with qualifications of the same standard and school premises and equipment of the same quality." PRINCIPLE 12 - The Bucharest Plan of Action, Paragraph 5: "Countries receiving migrant workers should provide proper treatment and adequate social welfare services for them and their families, and should ensure their physical safety and security, in conformity with the provisions of the relevant conventions and recommendations of the International Labour Organisation and other international instruments." - Declaration on the Human Rights of Individuals Who are not Nationals of the Country in which They Live, Article 8: "1. Aliens lawfully residing in the territory of a State shall also enjoy, in accordance with the national laws. . . : a. The right to safe and healthy working conditions, to fair wages and equal renumeration for work of equal value without distinction of any kind, in particular, women being guaranteed conditions of work not inferior to those enjoyed by men, with equal pay for equal work; b. The right to join trade unions and other organizations or associations of their choice and to participate in their activities. . . c. The right to health protection, medical care, social security, social services, education, rest and leisure, provided that they fulfil the requirements under the relevant regulations for participation and that undue strain is not placed on the resources of the State. 2. With a view to protecting the rights of aliens carrying on lawful paid activities in the country in which they are present, such rights may be specified by the Governments concerned in multilateral or bilateral conventions." PRINCIPLE 13 - The Vienna Declaration, Part I, Article 20: "The World Conference on Human Rights recognizes the inherent dignity and the unique contribution of indigenous people to the development and plurality of society and strongly reaffirms the commitment of the international community to their economic, social and cultural well- being, and their enjoyment of the fruits of sustainable development. . . . States should, in accordance with international law, take concerted positive steps to ensure respect for all human rights and fundamental freedoms of indigenous people, on the basis of equality and non- discrimination, and recognize the value and diversity of their distinct identities, cultures, and social organization." PRINCIPLE 14 First Sentence - Declaration on International Economic Co-operation, Paragraph 16: "Economic development must be environmentally sound and sustainable. The deterioration of the environment is a cause of grave concern for all countries. Growing environmental problems, such as pollution, desertification, deforestation and climate change, increasingly pose a serious threat to the future growth of the world economy." Second Sentence - Declaration on International Economic Co-operation, Paragraph 18: "The eradication of poverty and hunger, greater equity in income distribution and the development of human resources remain major challenges everywhere. Economic and social progress requires that growth be broadly based, offering equal opportunities to all people, both women and men, to participate fully in economic, social and political activities." Third Sentence - Declaration on International Economic Co-operation, Paragraph 22: "The major industrialized countries influence world economic growth and the international economic environment profoundly. They should continue their efforts to promote sustained growth and to narrow imbalances in a manner that can benefit other countries. The coordination of macro- economic policies should take full account of the interests and concerns of all countries, particularly the developing countries. Efforts should be made to enhance the effectiveness of multilateral surveillance aimed at correcting existing external and fiscal imbalances, promoting non- inflationary sustainable growth, lowering real rates if interest and making exchange rates more stable and markets more accessible." PRINCIPLE 15 First Sentence - The Universal Declaration, Article 14(1): "Everyone has the right to seek and to enjoy in other countries asylum from persecution." * * * * * rns of all countries, particularly the developing countries. Efforts should be made to enhance the effectiveness of multilateral surveillance aimed at correcting existing external and fiscal imbalances, promoting non- inflationary sustainable growth, lowering real rates if interest and making exchange rates more stable and markets more accessible." PRINCIPLE 15 First Sentence - The Universal Declaration, Article 14(1): "Everyone has the right to seek and to enjoy in other countries asylum from persecution." * * * * *