Human Rights Manual

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HUMAN RIGHTS MANUAL
A. DESCRIPTION: The purpose ofthis manual is to provide basic i:nfonnation
regarding national and international recognition or basic human rights. It includes the
historical backiound of the development of human rights awareness, current .
·international oversight organizations, and the policy of the United States government
regarding human rights.
B. DEFINITIONS:
1. According to international convention, human rights may be defined as:
Respect for individual rights and civil liberties with the understanding that ''all
human rights are born free and equal in dignity and rights." (Universal Declaration of
Human rights, Article I, 1948)
2. Human rights is further defined and amplified in a variety ofintemational
agreements. These universal human rights may be summarized as follows:
a) freedom from arbitrary taking of life
b) freedom from torture
c) freedoni from cruel, inhumane; or degradirig treatment and punishment
d) prohibition of slavery and the slave trade
e) right to life, liberty and security of person
f) humane treatment for prisoners
g) freedom from imprisonment for indebtedness
h) freedom of movement
i) freed9m of an alien from arbitrary expulsion.from a country
j) equal rights before the law
· k) freedom from ex post facto laws
1) right to recognition as a person before the law
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List of Universal Human Rights (cont.)
m) freedom from arbitrary or unlaWful interference with privacy, home, or
. correspondence and from unlawful attacks on honor and reputation
n) freedom of thought, conscience, and religion, including the right to change
one's religion or belief
o) right to hold opinions without interference, and freedom of expression
. p) right of peaceful assembly
q) freedom of association
r) right to marry and to found a family
s) right and opportunity to take part in the conduct ofpublic affairs, to vote
and be elected and of access to public service
t) . equal status. before the law
u) right of ethnic, religious, or linguistic minorities
v) prohibition of any advocacy ofnational, racial, or religious hostility tliat
constitutes an incitement to hatred and violence
w) freedom from prolonged detention without charges or trial
x) freedom from clandestine detention·
C .. HISTORICAL BACKGROUND OF KEY INTERNATIO&LL AGREEMENTS
!. Geneva Convention (1864)
• The first modem accord that discussed the issue of the treatment of
prisoners at war. In brief, it called for recognition of captured combatants
as POW's (vice criminals) and human treatment. .
2. United Nations Charter (1945)
• Article 55 established that the mistreatment of citizens was not exclusively
a domestic matter.
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3. International Declaration of Human Rights (194S)
• Declared all persons to have the right to life, liberty, and personal security.
Arbitrary arrest is proscribed.
4. Accord on Poli(ical and Civil Rights (1966)
·• Torture and cruel, inhumane or degrading procedures, illegal interference
with individuality, family, home and mail was proscribed.
5. Declaration co11cerning Protection ofindividuals (1975)
• Torture deemed a criminal offense. U.S. State Department may proscribe
training of foreign security, police and military forces.
1). CURRENT OVERSIGHT ORGANIZATIONS. Suspected violations might come
to light through organizations such as:
1. Amnesty International: The organization's charter is to work to seCure the
. immediate and unconditional release of all prisoners of conscienc·e
(individuals who have not used or advocated violence and have been
imprisoned dile to their beliefs, color, sex, religion, ethnic origin or language:)
2. Helsinki Committee for Human Rights: This organization monitors · ·
compliance and promotes the implementation of the provisions of the 1-975
Helsinki Accords and other acts upholding human rights.
3. European Commission of Human Rights: This commission reviews
individual and interstate petitions of human rights violations of the Eilropean
Convention on Human Rights and rules on the admissibility of such petition.
E. ACTIVITIES AFFECTING HUMAN RIGHTS· Specific activities which violate
human rights:
I. Physical torture (beating; deliberate failure to provide food, water,
· clothing; or otherwise mistreating prisoners)
2, Mental torture (prohibiting ~Jeep, incessant high-decibel music or other
noise, use of drugs, "brain washing" activities)
3: Coerced confessions·
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4. Threats of violence and intimidation
5. Summary executions
6. Unlawful arrests, searches, and seizures
7. Excessive or brutal forced labor
8. Rape and other forms of sexual abuse
F. POSSffiLE CAUSES OF HUMAN RIGHTS ABUSES:
1. Absence of a clearly defined, unambiguous policy
The lack of a firmly established policy on the issue could lead to human
.rights ·violations.
2. lguorance of policy at working level
(lack of training/communication)
While the organization can establish .Policy, in order for it to be effective,
the policy must be communicated downward from command channels to
. mid, level management, supervisory personnel, and individuiu officers.
· 3. Excessive· zeal in perfomiance of duties
a)·over zealousness in the performance of duty is frequently a cause of
human rights violations. For example, when a prisoner· suspected of a
heinous crime (such as a terrorist bombing)_is being questioned;the
seriousness of his crime or the urgency of the moment cannot be used.
to justify the use of violence of other abuse ofhis human rights in an
attempt to discover details of the bombing. · ·
b) Management must stress the absolute requirement for officers to
demonstrate discipline and professionalism in dealing with persons in
custody or suspect individuals. ·
4. Hatred towards particular organizations
Ethnic and other group hatred is !llso a frequent source of human rights
abuse. This general lack of fairness to a person or persons as it applies to
the administration oflaw regarding specific groups (ethnit;, racial,
religious, political, etc) of people is an abuse of their human rights.
5. Lack of training or experience persons controlling the detainee. Example: an
inexperienced or untrained interrogator who is not adept at subtle techniques
of obtaining information by co-opting the prisoner, may become frustrated by
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.his lack of success with the detainee and resort to violence to obtain the
information demanded .
. G. POSSffiLE SOLUTIONS TO A VOIDING HUMAN RIGHTS PROBLEMS
1. Establishment of a well defined policy
a) The organization's management must provide clear and specific
guidance regarding human rights.
. b) The organization must clearly state that it recognizes and agrees with
intfirnational human rights accords and that it expects its personnel to
strictly adhere. to the organization's policies on human rights.
2. Dissemination of policy guidelines at working level
a) All personnel should be thoroughly familiar with the organization's
expressed, formal, and written irtternationally accepted human rights
guidelines. ·
b) Multiple layers of authority within an organization can cause .
miscommunication.
3. Professionalism
The organization as well as individual.officers rimst hone their craft and
maintain their objectivity, while working with the law, rules and regulations or their· ·
. country. The duty of public security officers is to "serve and protect". The abuse of
human rights not only violates this pledge, but i:onverts the crirnimil into a victim and the
officer into a crirniilal. Professional officers do not abuse the human rights of another ·
person.
. H. SPECIFIC ACTIVITIES WIDCH DO NOT VIOLATE HUMAN RIGHTS:
a) Psychological ploys . . .
Example: telling the prisoner that his colleague already has confessed and
implicated him ·
b) Verbal trickery
c) Isolation (solitary confinement)
d) Repeated interrogation
I. ADHERING TO HUMAN RIGETS PRINCIPLES-EXAMPLES &
BENEFITS
1. Examples of acceptable provisions:
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a) Provision of sanitary living quarters
b) Provision of adequate food
c) Provision of proper toilet and bathing facilities
d) Provision of medical care
2 .. Benefits from adherence to human rights principles:
a) Increased likelihood of cooperation from prisoners
b) Fewer problems maintaining control
c) Good public relations in face ofhostility from human rights activists
d) Increased iikelihood of obtaining useful information from detainees
Remember: The most.reliable intelligence is obtainedby co-opting. not
coercing, the tfetainee.
J. SUMMARY OF UNITED STATES POLICY
The government of the U.S. is firmly conimitted to respect internationally ·
recognized human rights standards. u.s. public officials are prohibited froin .
. engaging in activities that could be construed as support for, encouragement of, or
complicity in human rights violations. If human rights violations occur in .tlie. course
.of joinfactivities with a foreign government, that activity is .subject to termination.
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Universal Declaration of Human Rights Preamble
Preamble
Whereas recognition of the inherent dignity and ~f the equal and i~ienable rights of all
members of the human family is the foundation of freedom, justice and peace in the
world, ·
Whereas disregard and contempt for human rights have resulted in barbarous acts, which
have outraged the conscience of mankind, and the advent of a world i.n whic.h human
beings shall enjoy freedom of speech and belief and freedom from fear and want has been
proclaimed as the highest aspiration of the common people,
Whereas it is essential, if man is not to be compelled to have recourse, as a last resort, to
·• rebellion against tyranny and oppression, that human rights should be protected by the
rule oflaw,
Whereas it is essential to promote the development offiiendly relations between nations,
Whereas the peoples of the United Nations have in the Charter reaffirmed their faith in
fundamental human rights, in the dignity and worth of the human person and in the equal
rights of men and women and have determined to promote social progress and better
standards oflife in larger freedom,
Whereas N!ernber States have pledged themselves to achieve, in cooperation with the
United Nations, the promotion ofunivers.al respect for and observance of human rights
and fundarnentitl freedoms,
. Whereas a common understanding of these rights and freedoms is ofthe greatest
importance for the full realization of this pledge,
Now, therefore,
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 rirind, 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. ·
Article 1
All human beings are born free and equal in dignity and rights. They are endowed wiih
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reason and conscience and should act towards one another in a spirit ofbrotherhood.
Article 2
Everyone is entitled to all the rights and freedoms set forth in this Declaration, without ·
distinction of any kind, such as race, color, sex, language, religion, political or other
opinion, national or social origin, property, birth or other status.
Furthermore, no distinction shall be made on the basis of the political, jurisdictional or
international status of the country or territory to which a person belongs, whether it be
independent, trust, non-self-governing or under any other limitation of sovereignty.
Article 3
Everyone has the right to life, liberty and security of person.
Article 4
No one shall be held in slavery or servitude; slavery and the slave trade shall be
prohibited in all their forms.
Article. 5
No one shall be subjected to torture or to cruel, inhuman or degrading treatment or
punishment.
Article 6
Everyone has the right to recognition everywhere as a person before the law.
Article 7
All are equal before the law and are entitled without any discrii;ninaticin to equal
·protection of the law. All are entitled to equal protection against any discrjmination i:t;l
violation of this Declaration and against any incitement to such discrimination.
Article 8
Everyone has the right to an effective remedy by the competent national tribunals for acts
violating the fundamental rights granted him by the constitution or by Jaw. ·
Article 9
No .one· shall be subjected to arbitrary arrest, detention or exile.
Article 10
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Everyone is entitled in full equality to a fair and public hearing by an independent and
impartial tribunal, in the determination of his rights and obligations and of any criminal
charge against him.
Article 11
1. Everyone charged with a penal offence has the right to be presumed innocent until
proved guilty according to law in a public trial at which he has had all the
guarantees necessary for his !fefense.
2. No one shall be held guilty of any penal offence on account of any act or
omission, which did hot coni;titilte a penal offence, under national or international
law, at the time when it
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was committed, Nor shall a heavier penalty be imposed than the one that was
applicable at the time the penal offence was conunitted.
Article 12
No one shall be subjected to arbitrary interference with his privacy, family, home or
correspondence, or to attacks upon his· honor and reputation. Everyone has the right to the
protection of the law against such interference or attacks,
Article 13
1. Everyone has the right to freedom of movement and residence within the borders
.ofeach State. ·
2. Everyone has the right to leave any country, including his own, and to return to his
county.
Article 14.
I. Everyone has the right to seek and to enjoy in other countries asylum from
persecution.
2. This right may not be invoked in the case of prosecutions genuinely arising from
nonpolitical crimes or from acts contrary to the purposes and principles of the
United Nations
Article IS
1. Everyone has the right to.a nationality.
2. No one shall be arbitrarily deprived of his nationality nor denied the right to
change his nationality. ·
. Article 16
I. Men and women of full age, without any limitation due to race, nationality or·
religion, have the right to marry and to found a family .. They are entitled to equal.
rights as to marriage, during marriage and at its dissolution. ·
2. Marriage shall be entered into only with the free and full consent of the intending
spouses.
3. The family is the natural and fundamental group unit of society and is entitled to
protection by society and the State.
Article 17
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I. Everyone has the right to own property alone as well as in association with others.
2. No one shall be arbitrarily deprived of his property.
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Artic:le 18
Everyone has the right. to freedom of thought, conscience and religion; this right includes
freedom to change his religion or belief, and freedom, either aiQne or in community with
others and in public or private, to manifest. his religion or belief in teaching, practice,.
worship and observance.
Artic:Je 19
Everyone has the right to freedom of opinion and expression; this right includes freedom
to hold opinions without interference and to seek, receive and impart information and
ideas through any media and regardless of frontiers. ·
Article 20
I. Everyone has· the right to freedom of peaceful assembly and association.
2. No one may be compelled to belong to an association Article 21.
Article 21
1. Everyone has the right to take part in the government oflris cOuntry, directly or
through freely chosen representatives.
· 2. Everyone -has the right to equal access to public service in.his country. .
·. 3. The will of the people shall be the basis of the authority of government; this will
shall be expressed in periodic and genuine elections, which shall be by universal
and equal suffrage and shall be held by secret vote or by equivalent free voting .
procedures.
Article 22
Everyone, as a member of society, has the right to social security and is entitled to
realization, through national effort and international co-operation and in accordance with
the organization and resources of each State, of the economic, social and cultural rights
indispensable for his dignity and the free development of his personality.
Article 23
I. Everyone has the right to work, to free choice of employment, to just and favorable
conditions of work and to protection against unemployment.
2. Everyone, without any discrimination, has the right to equal pay for equal work.
3. Everyone who works has the right to just and favorable remuneration ensuring for
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himself and his family an existence worthy of human dignity, and supplemented,
if necessary, by ther means of social protection.
. .
4. Everyone has the right to form and to join trade unions for the protection of his
. interests.
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Article 24
Everyone has the right to rest and leisure, including reasonable limitation of working
hours and perio(iic holidays with pay. · ·
Article 25
· 1. Everyone has the right to a standard of living adequate for the health and wellbeing
of himself and ofhis family, including food, clothing, housing and medical
. care and necessary social services, and the right to security in the event of
unemployment, sickness, disability, widowhood, old age or other lack of
livelihood in circumstances beyond his control.
· 2. Motherhood and childhood are entitled to special care and assistance. All children,
whether born in or out of wedlock, shall enjoy the same social protection. ·
Article 26
I. Everyone has the right to education. Education shall be free, at least in the
elementary and fundamental stages. Elementary education shall be compulsory.
Technical and professional education shall be made generally available and higher·
education shall be equally accessible to all on the basis of merit. ·
2. Education shall be directed to the full development of the human personality and
to the strengthening .of respect for human rights and fundamental freedoms. It
shall promote understanding, tolerance and friendship among illl nations, racial or
religious groups, and shall further the activities of the United Nations for the
maintenance of peace.
3. PB:rents have a prior right to choose the kind of education that shall be given to
their children.
Article 27
i. Everyone has the right freely to participate in the cultural life of the community, to
enjoy the arts and to share in scientific advancement and its benefits. ·
2. Everyone has the right to the protection of the moral and material interests
resulting from any scientific, literary or artistic production of which he is the
author.
Article 28
Everyone is entitled to a social and international order in which the rights and freedoms ·
set forth in this Declaration can be fully realized. ·
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Article 29
1. Everyone has duties to the community in which alone the ,free and full
development of his personality is possible.
2. In the exercise of his rights and fi:eedoms, everyone shall be subject only to such
limitations as are detennined 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.
3. These rights and freedoms may in no· case be exercised contrary to the purposes
and principles of the United Nations.
Article 30
Nothing in this Declaration may be interpreted as implying for any State, group or person
any right to engage in any activity or to perform any act aimed at the destruction of any
of the rights and freedoms set forth herein.