General Assembly resolution 53/144
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,
Taking note of Commission on Human Rights resolution 1998/7 of 3 April
1998, See Official Records of the Economic and Social Council,
1998, Supplement No. 3 (E/1998/23), chap. II, sect. A. in which the
Commission approved the text of the draft declaration on the right and
responsibility of individuals, groups and organs of society to promote and
protect universally recognized human rights and fundamental freedoms,
Taking note also of Economic and Social Council resolution 1998/33 of 30
July 1998, in which the Council recommended the draft declaration to the
General Assembly for adoption,
Conscious of the importance of the adoption of the draft declaration in
the context of the fiftieth anniversary of the Universal Declaration of Human
Rights, Resolution 217 A (III).
1. Adopts the Declaration on the Right and Responsibility of
Individuals, Groups and Organs of Society to Promote and Protect Universally
Recognized Human Rights and Fundamental Freedoms, annexed to the present
resolution;
2. Invites Governments, agencies and organizations of the United Nations
system and intergovernmental and non-governmental organizations to intensify
their efforts to disseminate the Declaration and to promote universal respect
and understanding thereof, and requests the Secretary-General to include the text
of the Declaration in the next edition of Human Rights: A
Compilation of International Instruments.
85th
plenary meeting
9 December 1998
ANNEX
Declaration on the Right and
Responsibility of Individuals, Groups and Organs of Society to Promote and
Protect Universally Recognized Human Rights and Fundamental Freedoms
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 Rights2
and the International Covenants on Human Rights Resolution 2200 A (XXI), annex.
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,2 the
International Covenants on Human Rights3 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.
