Wednesday, December 01, 2004

Universal Declaration of Human Rights of 1948



To establish a global premise and beyond for the redistribution of TIME, the currency of the sovereign citizen _cosmic citizens who have a right to be here.

For those involved in the electronic and direct democracy forums there are a series of corrective strategies posted as TEN INCIDENT PREMISE based on implementing some lowest common denominator prophetic thinking that is long over due. For instance, what do we vote for that will manage an ocean of need rather than just another deception management flack attack analogous to holding back the tide with a broom?. In other words how do we actually cause the paradigm shift we have been anticipating, to happen _regain control of our destiny from the flatlanders who have ruled the earth since it was flat :).
http://raenergy.igc.org/global.html

Universal Declaration of Human Rights of 1948

From: Professor Ed Kent <ekent@brooklyn.cuny.edu>

(More than a pointer to a few links, here is a document you should save to
a file and use it to point out the anti-judicial policies of the United
States and for talking points to oppose the government's right wing
politics...Hank Roth)


December 10 will mark the 56th anniversary of the Universal Declaration of
Human Rights of 1948, which was formulated during the brief post WW2
hiatus before the Cold War broke out and the world embarked on a series of
wars -- the Korean, the Vietnamese and other lesser encounters,
suppressions, disruptions, and removals of governments on both sides
(Hungry-Nagy, 1956), Iran-Mossadeq, 1953, Guatemala-Arbenz, 1954,
Chile-Allende, 1972) that have left behind scars even now still being
healed and/or resolved through truth and reconciliation commissions such
as those that operated in Argentina and South Africa and the recent
announcement of compensation for the thousands tortured by the Pinochet
regime in Chile:

http://news.google.com/news?q=Chile+Torture+Compensation&hl=en&lr=&sa=N&tab=nn&oi=newsr


The peculiar feature of the U.S. Constitution which requires 2/3 of the
Senate to approve treaties, initially precluded the U.S. from ratifying
the Universal Declaration, although Eleanor Roosevelt, the widow of F.D.R.
in her capacity as our U.N. ambassador, had played a major role in
formulating this remarkably forward looking protocol. Those opposed to
ratifying the Declaration consisted of a coalition of Southern Democratic
"Dixiecrats" opposed to its equal rights claims (e.g. See Article Seven
below) and mid-Western Republicans comparably opposed the the right to
work and other social protection guarantees in the latter clauses
(Articles 22 and after).  Such minorities even delayed the U.S.
ratification of such protections as that against genocide (the Holocaust)
-- proposed and ratified nearly universally following the Nazi war
criminal trials at Nuremberg in 1948 -- until 1986!

http://www.remember.org/guide/Facts.root.aft.lib.aft.html

The U.S. now has a record of discord with a growing number of nearly
universally approved international conventions and standards of right
conduct:

-- Kyoto Protocol, which would protect the atmosphere from poisonous
gasses and which has just been ratified by Russia:

http://unfccc.int/2860.php

-- the Universal Criminal Court:

http://www.ejil.org/journal/Vol1/No1/art4-01.html


http://www.smh.com.au/news/World/Aid-threatened-as-US-fights-war-crimes-court/2004/11/26/1101219749088.html?oneclick=true

--The Land Mine Treaty, which would bar the use of land mines that kill
and maim thousands each year decades after hostilities have been ended in
particular military confrontations:

http://unfccc.int/2860.php

--Death penalty standards, which we have discussed in class (e.g.
against executing juveniles): http://www.deathpenaltyinfo.org/

etc.

The U.S. has ratified some portions of the Universal Declaration with
reservations -- particularly those civil and political rights sometimes
designated as negative liberties or freedoms from various state or
partisan violations of rights -- roughly Articles 1-21.  But we still have
not endorsed either by Constitution or by international treaty commitment
the so-called positive social and economic rights beginning at Article 22.
protections of jobs, education, medical care, housing, food, etc.

As I have worked closely with our CUNY Citizenship Project and its head,
Allan Wernick, on behalf of students seeking naturalization and fleeing
the threat of brutal administrative detention and/or fleeing the country
to avoid same, I am particularly distressed by our violation of Article 14
which specifies (1) Everyone has the right to seek and to enjoy in other
countries asylum from persecution.

All of us conversant both with American law and international standards of
conduct are also deeply distressed by the Bush Administrations violations
of some of the most basic rights specified here.  Two in particular, are
considered to be non-derogable (i.e. no exceptions):  Article 4 directed
against slavery and Article 5, against torture which the Red Cross
yesterday in the NY Times accused the U.S. of carrying out at Guantánamo:

Red Cross Finds Detainee Abuse in Guantánamo
By NEIL A. LEWIS A

confidential report states that the U.S. military has used psychological
and sometimes physical coercion "tantamount to torture" on prisoners.

http://www.nytimes.com/2004/11/30/politics/30gitmo.html?th

The Bush administration's disregard of international standards of
conduct generally such as the Geneva Convention regarding the treatment
of war prisoners (and civilians):

http://www.genevaconventions.org/

and the most recent appointment as of Mr. Gonzalez as Attorney General
who is reputed to have supported the use of the brutal treatment of
prisoners at Guantánamo while serving as a White House legal advisor
speak for themselves:

http://news.bbc.co.uk/2/hi/americas/4000679.stm

Web site for the Universal Declaration:

http://www.un.org/Overview/rights.html

[Note the British spelling variations in this version, which I have left
as a reminder of the differences that develop even among common-based
languages, let alone political traditions.]

Universal Declaration of Human Rights
        (other language versions)
        Adopted and proclaimed by General Assembly resolution 217 A (III)
of 10 December 1948

     On December 10, 1948 the General Assembly of the United Nations
adopted and proclaimed the Universal Declaration of Human Rights the full
text of which appears in the following pages. Following this historic act
the Assembly called upon all Member countries to publicize the text of the
Declaration and "to cause it to be disseminated, displayed, read and
expounded principally in schools and other educational institutions,
without distinction based on the political status of countries or
territories."

PREAMBLE

       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,

       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 in which 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 of law,

       Whereas it is essential to promote the development of friendly
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 of life in
larger freedom,

       Whereas Member States have pledged themselves to achieve, in
co-operation with the United Nations, the promotion of universal respect
for and observance of human rights and fundamental freedoms,

       Whereas a common understanding of these rights and freedoms is of
the 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 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.

Article 1.

       All human beings are born free and equal in dignity and rights.
They are endowed with reason and conscience and should act towards one
another in a spirit of brotherhood.

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. 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
discrimination to equal protection of the law. All are entitled to equal
protection against any discrimination in 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 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, 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 defence.

       (2) No one shall be held guilty of any penal offence on account of
any act or omission which did not constitute a penal offence, under
national or international law, at the time when it was committed. Nor
shall a heavier penalty be imposed than the one that was applicable at the
time the penal offence was committed.

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. 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 of each state.

       (2) Everyone has the right to leave any country, including his own,
and to return to his country.

Article 14.

       (1) 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 non-political crimes or from acts contrary to the
purposes and principles of the United Nations.

Article 15.

       (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.

       (1) 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.

       (1) 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.

Article 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 alone or in community with others and in public or
private, to manifest his religion or belief in teaching, practice, worship
and observance.

Article 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.

       (1) Everyone has the right to freedom of peaceful assembly and
association.

       (2) No one may be compelled to belong to an association.

Article 21.

       (1) Everyone has the right to take part in the government of his
country, directly or through freely chosen representatives.

       (2) Everyone has the right of 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.

       (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.

       (3) Everyone who works has the right to just and favourable
remuneration ensuring for himself and his family an existence worthy of
human dignity, and supplemented, if necessary, by other means of social
protection.

       (4) Everyone has the right to form and to join trade unions for the
protection of his interests.

Article 24.

       Everyone has the right to rest and leisure, including reasonable
limitation of working hours and periodic holidays with pay.

Article 25.

       (1) Everyone has the right to a standard of living adequate for the
health and well-being of himself and of his 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.

       (1) 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 all nations, racial or religious groups, and shall
further the activities of the United Nations for the maintenance of peace.

       (3) Parents have a prior right to choose the kind of education that
shall be given to their children.

Article 27.

       (1) 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.

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 freedoms, everyone shall be
subject only to such limitations as 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.

       (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.

     -----
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