THE STATEUNIVERSITY-HIGH SCHOOL OF ECONOMY

FACULTY OF APPLIED POLITICAL SCIENCE

ESSAY FOR “Practice on Baltic”

On the theme: “Differences and Similarities between Universal Declaration of Human Rights and Asia-Pacific Declarations of Human Rights”

Completed

Koysina M.D

Group № 141

Moscow

2010

Introduction

The main question of this disquisitional (исследовательский) review: is really Asia-Pacific Declaration of Human Rights is reflection of positions of International Convention of Human rights? It will be enucleated (выяснить) by eduction (выявление) differences and similarities between positions of Universal Declaration of Human Rights (10.12.1948) with some Conventions, established and adopted by special United Nations conferences or The United Nations General Assembly and Asia-Pacific Declaration of Human Rights, established by aclomation of the second Asia- Pacific conference of jurists on February 15, 1988 in New-Dehli

Object of researching is The International Standards of Human Rights

Operand of researching is enucliation, what is dominated (similarities or differences) at the comparison of International Declaration of Human Rights and Declaration of some region, in our case it is Asia-Pacific Declaration of Human Rights.

Tasks of researching:

  • Introduction and analysis the main International legislative documents about Human Rights;
  • Division the articles from both International Declaration of Human Rights and Asia-Pacific Declaration on some groups ( mixed be the theme of articles, for instance, relatively of healthcare, some electoral rights and so on) for further comparison;
  • Comparison these groups of articles: searching similarities and differences.

Chapter 1

First of all, it should say that Asia-Pacific Declaration of Human Rights was adopted by participants of the second Asia- Pacific conference of jurists on February 15, 1988 in New-Dehli[1]. In the preamble of Declaration it is said that be adopted with belief in targets and principles of consuetudinary of United Nations (1945), Universal Declaration of Human Rights (1948)[2] and others international documents about protection of Human Rights. For instance, they are such Conventions as:

  • TheInternational Covenant on Civil and Political Rights. It is a multilateral treaty adopted by the United Nations General Assembly on December 16, 1966, and in force from March 23, 1976.
  • TheUnited Nations Convention Relating to the Status of Refugees. It is an international convention that defines who is a refugee, and sets out the rights of individuals who are granted asylumand the responsibilities of nations that grant asylum. The convention was approved at a special United Nations conference on 28 July 1951.
  • TheInternational Covenant on Economic, Social and Cultural Rights. It is a multilateral treaty adopted by the United Nations General Assembly on December 16, 1966, and in force from January 3, 1976.
  • TheInternational Convention on the Elimination of All Forms of Racial Discrimination (ICERD) is a United Nations convention. Signed, 7 March 1966. Effective since 4 January 1969
  • TheConvention on the Elimination (исключение) of all Forms of Discrimination against Women.Itis an international convention adopted in 1979 by the United Nations General Assembly.
  • The United Nations Convention on the Rights of the Child is an international convention setting out the civil, political, economic, social and cultural rights of children. Signed 20 November 1989, Effective 2 September 1990, 20 signatures
  • Indigenous and Tribal Peoples Convention is an International Labour Organization Convention, also known as ILO-convention 169, or C169. It is the major binding international convention concerning indigenous peoples, and a forerunner of the Declaration on the Rights of Indigenous Peoples. It was established in 1989[3].

These Conventions were adopted in addition to Universal Declaration of Human Rights.

Thereby we will compare the positions of articles from various Conventions and from Universal Declaration together relatively Asia-Pacific Declaration.

Chapter 2

In this chapter we should determine features for comparison two systems and compare them as well.

The features for comparison / Universal Declaration of Human Rights / Asia-Pacific Declaration of Human Rights
Right to physical integrity, liberty and security of person / Article 1(Universal Convention)
All human beings are born free and equal in dignity and rights.
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 13
  1. Everyone has the right to freedom of movement and residence within the borders of each state.
  2. Everyone has the right to leave any country, including their own, and to return to their country.
Article 14
Everyone has the right to seek and to enjoy in other countries asylum from persecution. (circumstantially about this andThe United Nations Convention Relating to the Status of Refugees) / Article 1
Everyone has a right to a life
Article 2
Everyone has a right to a peace and safety in his community, state, on the Earth as a whole
Article 3
Everyone has a right to a worthy existence-hylic, spiritual-without distinction of any kind such as race, sex and so on.
Article 4
Everyone has a right to a worthy environment
Article 6
Everyone has a right to be independent from any kind of fear and violence
Article 15
Everyone has a right to be liberty and protection from terrorist acts
Article 16
Everyone has a right to a economical safety for stable development
Right to fairness of procedure / 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 discrimination to equal protection of the law.
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 law.
Article 9
No one shall be subjected to arbitrary arrest, detention or exile.
Article 10
Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal
Article 11
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 defence.
Article 12
No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honour and reputation
Individual liberties / Article 18
Everyone has the right to freedom of thought, conscience and religion
Article 19
Everyone has the right to freedom of opinion and expression / Article 5
Everyone has a right to development
Article 8
Everyone has a right to a harmonic development of personality.
Article 9
Everyone has a right to liberty of expression without damages of other nationalities.
Article 14
Everyone has a right to feel understanding and confidence
Political Rights
+
Civil Right / Article 21
  1. Everyone has the right to take part in the government of their country, directly or through freely chosen representatives.
  2. Everyone has the right of equal access to public service in their 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 7
Everyone has a right to take part in solving state, international and global problems
Article 17
Everyone has a right to control the actions of foreign investors for development of country and equitable redistribution incomes between different social groups
Article 20
Everyone has a right to be informed about internal and extrinsic policy his Government
Article 15
Everyone has the right to a nationality
Article 17
Everyone has the right to own property alone as well as in association with others.
Article 20
  1. Everyone has the right to freedom of peaceful assembly and association.
  2. No one may be compelled to belong to an association.
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.
Social Rights / Article 16
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.
Article 22
Everyone, as a member of society, has the right to social security and is entitled to realization
Article 23
  1. Everyone has the right to work, to free choice of employment, to just and favourable conditions of work and to protection against unemployment.
  2. Everyone, without any discrimination, has the right to equal pay for equal work.
Article 24
Everyone has the right to rest and leisure, including reasonable limitation of working hours and periodic holidays with pay
Article 25
Everyone has the right to a standard of living adequate for the health and well-being of himself and of his family
Article 27
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.
Antimilitary Rights / Article 10
Everyone has a right to live in the world without weapon
Article 11
Everyone has a right to live in the conditions of prohibit nuclear weapon test.
Article 13
Everyone has a right to live in the not military-devided world

Conclusion

Comparing these two systems, we can see both similarities and differences between them. Both Universal Declaration and Asia-Pacific Declaration admit supremacy of personality’s freedom, which doesn’t contradict with freedom of other personalities

It is seen from the table, that in Universal Declaration of Human Rights group of the articles, devoted the right to fairness of procedure, prevails, while in Asia-Pacific Declaration there is such group of articles as Antimilitary right, as problem of increasing weaponry concerned everybody then.

There are some other differences, reason of which will be determine at the next step of researching.

1

[1] Asia-Pacific Declaration of Human Rights.-(

[2]Treaties of United Nations.-(

[3] The same way