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.
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.
