Human Rights

The Universal Declaration turns 60!

“All human beings are born free and equal in dignity and rights.”

Universal Declaration of Human Rights, Article 1.

The 10th December this year marked the 60th anniversary of the Universal Declaration of Human Rights.

The Universal Declaration was adopted by the General Assembly of the United Nations on 10th December 1948.

The Illawarra Legal Centre joined with people, communities and organisations around the world to mark this special anniversary.

So what is the Universal Declaration of Human Rights?

The Universal Declaration of Human Rights (UDHR for short) is a declaration adopted by the General Assembly of the United Nations in 1948. The UDHR urges the nations of the world to promote human, civil, economic and social rights.

Much of the motivation for the UDHR was in response to the atrocities of the Wold War II. The nations of the world were determined that the events of WWII and its human rights abuses should not be repeated. Therefore, it was necessary to frame human rights in a global declaration that would promote the fundamental rights of the individual and in doing so constrain the actions of nation states. The UDHR aims to define a body of inalienable human rights. That is, rights which cannot not be dispensed with and which take priority over the needs and actions of governments.

Those who framed the UDHR aspired to the creation of new international law. The UDHR was a non-binding resolution of the General Assembly. The provisions of the UHDR were not strictly binding on individual nation states when the resolution was originally passed. However, many nations have incorporated aspects of the UDHR into their legal systems and the UDHR has arguably become part of customary international law. Despite many instances of human rights abuses throughout the world since 1948, the UDHR has been a powerful standard and force in the establishment of internationally recognised human rights and norms of behaviour. The UDHR has set a standard of behaviour upon which nation states judge the actions of other nation states in international relations. The UDHR has also become an international standard by which citizens judge the actions and policies of their own governments and rulers.

The UDHR can be seen as a culmination of the historical development of human rights over past centuries. From ancient times people have appealed to concepts of fundamental rights in disputes between governments and the governed. On many occasions those disputes have been settled by declarations, political compacts, covenants and charters. Magna Carta and the United States Bill of Rights are two such examples.

The preamble to the UDHR declares:

“Whereas recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world...

The General Assembly,

Proclaims this Universal Declaration of Human Rights as a common standard of achievement for all peoples and all nations, to the end that every individual and every organ of society, keeping this Declaration constantly in mind, shall strive by teaching and education to promote respect for these rights and freedoms and by progressive measures, national and international, to secure their universal and effective recognition and observance, both among the peoples of Member States themselves and among the peoples of territories under their jurisdiction”.

You can read the UDHR in full at the following website: http://www.unhchr.ch/udhr/lang/eng.htm

The UDHR was written by an international committee which included representatives from all continents, different cultures and the major religions. It aspires to be universal and is not grounded in the global outlook of any particular race, group of nations or particular faith. The UDHR aspires to articulate the rights of all humankind.

The implementation of the UDHR has resulted in two international covenants:

The Covenant on Civil and Political Rights (CCPR).
The Covenant on Economic, Social and Cultural Rights (CESCR).

Civil and political rights protected under the CCPR include:

The right to vote.
Freedom of speech and association.
Freedom from arbitrary arrest or detention.
To be informed of the reasons for being arrested and any charges being laid.
To be brought before a judge promptly, and the right to release, while awaiting trial.
To be compensated if unlawfully arrested
To be presumed innocent until proven guilty according to law.
To defend oneself or use legal assistance of one’s own choosing.
Not to be compelled to testify against oneself or to confess guilt.
Not to be subjected to arbitrary or unlawful interference with one’s privacy.

Economic, cultural and social rights protected by the CESCR include:

Access to food, housing, work, social security, education and health.
Fair wages and safe working conditions.

You can view the text of the two covenants at the following websites:

CCPR: http://www2.ohchr.org/english/law/ccpr.htm

CESCR: http://www2.ohchr.org/english/law/cescr.htm

To read more about the UDHR and the covenants you can visit the Australian Human Rights Commissions website:http://www.hreoc.gov.au/education/hr_explained/5_international.html

You can also visit the website of the Office of the United Nations High Commissioner for Human Rights: http://www2.ohchr.org/english/bodies/hrc/index.htm. There you can find information about the UN Human Rights Committee and the UN monitoring of human rights.

The Universal Declaration and Australia

Australia played a prominent role in the framing of the Universal Declaration of Human Rights (UDHR). Australia’s Dr HV Evatt helped to draft the document. He was the president of the United Nations and in the Chair when the General Assembly adopted the UDHR on 10th December 1948.

For more information on Dr HV Evatt and his involvement with the UDHR you can visit the following website: http://www.lib.flinders.edu.au/resources/collection/special/evatt/evattbiog.html

Australia has signed the two covenants to the UDHR:

Covenant on Civil and Political Rights (CCPR).
Covenant on Economic, Social and Cultural Rights (CESCR).

Human Rights in Australia

As well as being a signatory to the two covenants to the Universal Declaration of Human Rights, Australia has also signed other important covenants and other international conventions, including:

The Convention on the Elimination of All Forms of Racial Discrimination
The Convention on the Elimination of All Forms of Discrimination Against Women
The Convention on the Rights of the Child
The Convention on the Status of Refugees
The Convention Against Torture
International Labour Organisation Conventions on Workers’ Rights.

In 2008 the Australian government took some further steps regarding Australia’s international human rights obligations:

Australia ratified the Convention on the Rights of Persons with Disabilities.
Australia held consultations about ratification of the Optional Protocol to the International Convention on the Elimination of All Forms of Discrimination against Women and the Optional Protocol to the Convention against Torture.
Australia expressed its commitment to formally supporting the Declaration on the Rights of Indigenous Peoples.
Australia issued a standing invitation to UN human rights experts to visit and report on Australia.

Can Australia do more?

Australia is alone among Western Democracies in that we do not have a charter or bill of rights that ensures the protection of human rights in the national laws of Australia.

Victoria and the Australia Capital Territory have charters of rights but no equivalent exists at the Federal level.

In the current circumstances in Australia some human rights are protected by a combination of the Constitution, the general law (or the “common law”) and statute law. Some rights are expressly provided for and some are implied in the law.

The following civil and political rights receive some protection in Australia:

A limited right to vote.
A limited right to privacy.
A fair trial, including a right to legal counsel in criminal prosecutions.
The right to remain silent when questioned, with some exceptions.
The rights to a speedy trial.
The right not to be defamed.

But not all human rights recognized in international law or in the Universal Declaration of Human Rights are protected under Australia’s laws. Arguably the following human rights are not adequately protected under Australian law:

Freedom of speech.
Detention without charge.
An absolute right to silence when being questioned by security services and some investigative bodies.
An absolute right to vote.

There is some debate over which rights are protected and which are not adequately protected under Australian law. The existence of rights is not always clear and the power of government to limit or remove rights in Australia is a concern to many Australians.

For this reason a debate is underway in Australia as to how best protect human rights under Australian law. This includes a debate on whether or not Australia should have a national charter or bill of rights.

The government organisation chiefly responsible for advancing and protecting human rights in Australia is the Australian Human Rights Commission. You can view their website at http://www.hreoc.gov.au.

Complaints about the denial of human rights including discrimination can be made to the Australian Human Rights Commission.

In NSW complaints can be made to the Anti Discrimination Board. You can view the Board’s website at: http://www.lawlink.nsw.gov.au/lawlink/adb/ll_adb.nsf/pages/adb_index

Human Rights and the Illawarra Legal Centre

The Illawarra Legal Centre (ILC) in its work promotes human rights in terms of its casework involvement with the community and in community education initiatives.

Over the coming months the Illawarra Legal Centre will be continuing its work in the area of human rights through:

Working in the community to promote awareness of human rights. This includes public opportunities for discussion and letter writing on issues related to human rights, poverty and social concerns affecting the lives of our constituent groups. Using our local media, networking opportunities and community legal education sessions to highlight local and regional social justice concerns will continue to be a priority.
Focusing on human rights issues in the Illawarra and consulting with the local community about human rights concerns. This includes monitoring and lobbying for long term funding for essential community services. In addition, the ILC will participate in relevant government and community consultations and review processes to share the insights our work provides on credit and debt, Centrelink problems, tenancy and homelessness, youth legal needs and a range of general legal issues including domestic violence, victims’ compensation and child support.
Participating in the public debate and discussion about the protection of human rights under Australian law, including discussion about a national Charter of Rights for Australia. This includes working closely with the national network of Community Legal Centres to contribute ideas regarding the formulation of a national Charter of Rights.

For more information or assistance in the area of human rights contact us at the Illawarra Legal Centre on 42761939.

Sources for this website entry and research resources:

United Nations Website: http://www.un.org/

Office of the UN High Commissioner For Human Rights: http://www.ohchr.org/EN/Pages/WelcomePage.aspx

Wikipedia Entry on Human Rights: http://en.wikipedia.org/wiki/Human_rights

NSW Charter Rights Group: http://www.nswcharterofhumanrights.org/

NSW Bar Association options paper on a Charter of Human Rights for NSW: http://www.nswbar.asn.au/docs/resources/publications/human_rights.pdf

Public Interest Advocacy Centre: http://www.piac.asn.au/

The campaign for a Federal Human Rights Charter: www.humanrightsact.com.au