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100 and 1 Terms for Human Rights Education

 

100 et 1 mots

90. Treaty

 

According to the Vienna Convention on the Law of Treaties of 23 May 1969, a treaty is “an international agreement concluded between States in written form and governed by international law, whether embodied in a single instrument or in two or more related instruments”. It can be bilateral (between two States) or multilateral (between more than two States). There are multiple uses of the term treaty and it does not necessarily correspond to a precise use. The terms that have been used are : Covenant (of the League of Nations, of the Arab League) ; Protocol (Additional Protocol to the Covenant on Civil and Political Rights) ; Charter (United Nations, Organization of African Unity) ; Constitution (this is the term used for the ILO constituent agreement), not to be confused with the internal Constitutions of States ; Convention (e.g., Elimination of All Forms of Racial Discrimination). States which ratify a treaty or adhere to it, are obliged to respect it.

*See : Adherence, Charter, Convention, Covenant, Entry into Force, Protocol, Reserve.

 

 

91. UNESCO

 

7, place de Fontenoy
75352 Paris (France)
Tel : (33) 1 45 68 10 00
Fax : (33) 1 45 67 16 90
E-mail : clearing-house@unesco.org
Homepage : http://www.unesco.org

 

UNESCO is the acronym of the United Nations Educational, Scientific and Cultural Organization. It was created in 1945 and is based in Paris (France). In the preamble of its Constitution, States Parties declare :

  • “That since wars begin in the minds of men, it is in the minds of men that the defenses of peace must be constructed ;
  • That the ignorance of each other’s ways and lives has been a common cause, throughout the history of mankind, of that suspicion and mistrust between the peoples of the world through which their differences have all too often broken into war ;
  • That the great and terrible war which has now ended was a war made possible by the denial of the democratic principles of the dignity, equality and mutual respect of men, and by the propagation, in their place, through ignorance and prejudice, of the doctrine of the inequality of men and races ;
  • That the wide diffusion of culture, and the education of humanity for justice and liberty and peace are indispensable to the dignity of man and constitute a sacred duty which all the nations must fulfill in a spirit of mutual assistance and concern ;
  • That a peace based exclusively upon the economic and political arrangements of governments would not be a peace which could secure the unanimous, lasting and sincere support of the peoples of the world, and that the peace must therefore be founded, if it is not to fail, upon the intellectual and moral solidarity of mankind”.


For these reasons, the Organization declared that its purpose is to “contribute to peace and security by promoting collaboration among the nations through education, science and culture in order to further universal respect for justice, for the rule of law and for the human rights and fundamental freedoms which are affirmed for the peoples of the world, without distinction of race, sex, language or religion, by the Charter of the United Nations”.


Its principal bodies are the General Conference (composed of representatives of all Member States), Executive Board (composed of representative of 58 States elected by the General Conference) and the Secretariat, which is headed by a Director General. Theoretically, by virtue of Article IV, para. 1, the delegation of each State to the General Conference should be constituted after consultation with UNESCO National Commission or, when such a Commission does not exist, after consultation with educational, scientific and cultural institutions and bodies.


Regarding UNESCO’s work, the General Conference adopts Conventions (2/3 majority vote) and Recommendations (simple majority vote). In both cases, States are bound to submit the texts that have been adopted by the Conference to the competent authorities in their respective countries. In 1978, the organization introduced a procedure to examine violations of human rights in its domains of competence, including education.

*See : Education Content and Objectives, Education (Primary Education), Education (Technical and Vocational), Educator/Teacher, Educator/Teacher (Higher Education), Freedom of Education, Human Rights Education, International Bureau of Education, International Conference on Education, International Organization, Non-discrimination, Recommendation, Right to Education, UNESCO Committee on Conventions and Recommendations.

 

 

92. UNESCO Committee on Conventions and Recommendations

 

7, place de Fontenoy
75352 Paris (France)
Téléphone : (33) 1 45 68 10 00
Télécopie : (33) 1 45 67 16 90
E-mail : clearing-house@unesco.org
Homepage : http://www.unesco.org

 

Created in 1978 by UNESCO’s Executive Board (Decision 104EX/3.3), it was mandated to examine complaints concerning violations of human rights in the fields of UNESCO’s specialization, i.e., education, science, culture, information and communication. These violations may concern all agreements adopted by UNESCO, as well as United Nations instruments.


The Committee receives and examines communications from individuals, groups of persons or non-governmental organizations whether they themselves are victims of human rights violations or have witnessed such violations. Those concerned may be teachers, students and their parents, journalists, researchers, artists, etc. The submissions are indirect. Communications are to be addressed to UNESCO’s Director General, who to transmits them to the Committee. The complaints or, more specifically, the communications are subject to a certain number of conditions. The procedure is confidential and aims at finding a friendly solution to the conflict. Nevertheless, this solution should “favor the promotion of human rights that are within UNESCO’s fields of competence”.

*See : Communication, Freedom of Education, Human Rights, Submission, UNESCO.

 

 

93. UNICEF

 

3 United Nations Plaza
10017 New York, USA
Tel : (1 212) 326 70 00
Fax : (1 212) 326 70 00
Homepage : http://www.unicef.org

 

UNICEF is the acronym for the United Nations Children’s Fund. The United Nations General Assembly created it in 1946. An Executive Board composed of 36 members manages UNICEF. The Director General is nominated by the Secretary General of the United Nations. UNICEF is mandated to protect the rights of children. Therefore, it largely depends on the Convention on the Rights of the Child. Its 1999 report, The Situation of Children in the World, addresses the right to education.

*See : Child, Committee on the Rights of the Child, Education Content and Objectives, Education (Primary Education), Human Rights Education, Right to Education, United Nations General Assembly.

 

 

94. United Nations Charter

 

This is a treaty signed in San Francisco (USA) on 26 June 1945, by which the United Nations Organization was created. In its preamble, Member States affirm their resolve :

 

  • “to save succeeding generations from the scourge of war, which twice in our lifetime has brought untold sorrow to mankind” ;
  • “to proclaim faith in fundamental human rights, in the dignity and worth of the human person, in the equal rights of men and women and nations large and small” ;
  • “to promote social progress and better standards of life in larger freedom” ;
  • “to practice tolerance and live together in peace with one another as good neighbors” ;“to ensure, by the acceptance of principles and institutions of methods, that armed force shall not be used, save in the common interest”.

Human rights issues are addressed in a number of articles of this Charter :

Article 1 :

“The purposes of the United Nations are :
1. (…)
2. To develop friendly relations among nations based on respect for the principle of equal rights and self-determination of peoples, and to take other appropriate measures to strengthen universal peace ;
3. To achieve international co-operation in solving international problems of an economic, social, cultural or humanitarian character, and in promoting and encouraging respect for human rights and for fundamental freedoms for all without distinction as to race, sex, language, or religion”.


There is also Article 13, which enumerates the functions and powers of the General Assembly, and Article 62 that concerns the Economic and Social Council. Particular reference must be made to Article 55, which states that :
“With a view to the creation of conditions of stability and well being which are necessary for peaceful and friendly relations among nations based on respect for the principle of equal rights and self-determination of peoples, the United Nations shall promote :
(…)
c. universal respect for, and observation of, human rights and fundamental freedoms for all without distinction as to race, sex, language, or religion”.
It is on the basis of these principles that the United Nations system for the protection of human rights was established.
It must also be noted that the United Nations Charter overrides all other treaties. Article 103 stipulates that “In the event of a conflict between the obligations of the Members of the United Nations under the present Charter and their obligations under any other international agreement, their obligations under the present Charter shall prevail”.

*See : Commission on Human Rights, Economic and Social Council, High Commissioner for Human Rights, International Court of Justice, Recommendation, Resolution, Security Council, United Nations General Assembly, United Nations Organization, Universal, Universal Declaration of Human Rights.

 

 

95. United Nations Economic and Social Council (ECOSOC)

 

The Economic and Social Council is one of the main bodies of the United Nations Organization. It is composed of 54 members representing States that were elected by the General Assembly. The Council is the chief United Nations body that deals with economic and social matters. It may make recommendations with a view to ensuring effective respect of human rights and fundamental freedoms for all (Article 62, para. 2 of the United Nations Charter). It may establish Commissions on matters under its competence (Article 71). It is by this provision that the Council has created the Commission on Human Rights. The Council coordinates the United Nations activities with its specialized institutions, in particular the ILO and UNESCO. It receives reports from the various bodies that were created to monitor the implementation of human rights Conventions. It may consult with non-governmental organizations that address matters under its competence.

*See : Commission on Human Rights, Non-governmental Organization, Recommendation, Resolution, United Nations General Assembly, United Nations Organization.

 

 

96. United Nations General Assembly

 


This is one of the principal bodies of the United Nations Organization. It is composed of representatives of Member States and each State has one vote. It holds its annual session in New York (USA) in September. It adopts recommendations. It passes its decisions by either a two-thirds majority vote or by simple majority vote depending on the matter under consideration. By virtue of Article 13 para. 1 “The General Assembly shall initiate studies and make recommendations for the purpose of (…) promoting international co-operation in the economic, social, cultural, educational, and health fields, and assisting in the realization of human rights and fundamental freedoms for all without distinction as to race, sex, language, or religion”. It may create bodies as it considers necessary for the exercise of its functions. These bodies are known as subsidiary bodies.


The General Assembly has adopted a number of texts in the area of human rights. They are either Declarations, Covenants or Conventions that it has proposed to Member States for ratification.

*See : Convention, Declaration, Economic and Social Council, International Court of Justice, International Organization, Ratification, Recommendation, Resolution, United Nations Organization, Universal, Universal Declaration of Human Rights.

 

 

97. United Nations High Commissioner for Human Rights

 

UNHCHR
8-14, avenue de la Paix
CH-1211 Geneva 10 (Switzerland)
Tel : (41 22) 917 90 00
Fax : (41 22) 917 90 16
E-mail : webadmin.hchr@unog.ch
Homepage: http://www.unhchr.ch

 

It was created by the United Nations General Assembly in 1993 by merging two existing bodies : the Office of the United Nations High Commissioner for Human Rights and the Center for Human Rights. The High Commissioner is nominated by the United Nations Secretary General and reports directly to him/her. The High Commissioner is charged with the promotion and protection of human rights, to provide States with technical assistance in the field of human rights, to establish a dialogue with governments and to coordinate United Nations activities in the area of human rights.

*See : United Nations Organization, United Nations General Assembly.

 

 

98. United Nations Organization (UNO)

 

UN Plaza
New York 10017 (USA)
Tel : (1 212) 963 4475
Fax : (1 212) 963 0071
E-mail : unhomefre@un.org
Homepage : http://www.un.org

The United Nations Organization is the most important universal organization. Created by the Charter of the United Nations, signed in San Francisco (USA) on 26 June 1945, it brings together almost all the States of the world. Its founders gave it two principal objectives that guide all its activities. The first is to maintain international peace through a mechanism of collective security, and the second is economic and social progress for all peoples through cooperation and the respect of human rights.


Its principal bodies are :
• The General Assembly ;
• The Security Council ;
• The Economic and Social Council ;
• The International Court of Justice ;
• The General Secretariat ; and
• The Trusteeship Council
• These bodies may establish subsidiary bodies : Commissions, High Commissioners, Programs, Funds, etc.

*See : Commission on Human Rights, Economic and Social Council, High Commissioner for Human Rights, International Court of Justice, Security Council, United Nations Charter, United Nations General Assembly, Universal, Universal Declaration of Human Rights.

 

 

99. United Nations Security Council


This is one of the principal bodies of the United Nations Organization. It is charged with maintaining and preserving international peace and security. It is composed of 15 members. Five of them have permanent membership : China, France, Russia, the United Kingdom and the United States of America. Other members are elected by the General Assembly for a two-year period. The Council adopts its decisions by affirmative vote of nine members. Its decisions are known as resolutions. For the more important resolutions, the five permanent members have the right of veto, i.e., such resolutions cannot be adopted if one of the five is explicitly opposed.


Mandated to maintain international peace and security, the Security Council has important authority : political mediation between conflicting States and measures other than the use of force (suspension of economic and diplomatic relations, communications, etc.). It may also decide upon the use of force to establish peace. Although human rights matters are not within its competence, the Council may take decisions in this area when massive violations of human rights endanger international peace and security. This is what led it to create the International Criminal Tribunals for ex-Yugoslavia and Rwanda.

*See : International Court of Justice, International Criminal Tribunals, International Humanitarian Law, Resolution, United Nations General Assembly, United Nations Organization.

 

 

100. Universal

 

The universal character of human rights is an essential dimension. It is founded on the unity of mankind. The universality of human rights was laid down in the Universal Declaration of Human Rights and it was not just by chance that the Declaration was qualified as Universal. In its preamble, the Declaration makes reference to “the inherent dignity and the equal and inalienable rights of all members of the human family” and the Declaration has been proclaimed as a “common standard of achievement for all peoples and all nations”. It is with reference to this universality that the two first Articles of the Declaration are to be understood. The first Article addresses the principle of equality ; the second looks at its consequences : non-discrimination.


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 :
“1. 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.
2. 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 is independent, trust, non-self-governing or under any other limitation of sovereignty.”
The adjective “universal” is also used to differentiate from regional. Thus, the United Nations human rights protection system is designated as universal because it is intended for all the States in the world. On the contrary, the African system, for example, is designated as regional because it only concerns the States of the African continent.

*See : Equality, Human Rights, Non-discrimination, Regional System, United Nations Charter, United Nations General Assembly, Universal Declaration of Human Rights.

 

 

101. Universal Declaration of Human Rights

 

The United Nations General Assembly adopted the Universal Declaration of Human Rights on 10 December 1948, following preparatory work by the Commission on Human Rights.


This is the first universal text that looks at human rights from a global perspective. Starting with this Declaration, little by little what is currently known as international human rights law has been constructed. Two of the first texts to be adopted were the International Covenant on Economic, Social and Cultural Rights and the International Covenant on Civil and Political Rights. Other international treaties followed to complete the construction. They concern either particular groups (such as women or children) or specific violations of human rights (torture and inhuman treatment, racial discrimination, etc.).


Originally, the Universal Declaration did not generate binding obligations upon States. It was adopted by a Resolution of the General Assembly. As a result of the progressive adherence to the Declaration, its integration into a number of regional and international treaties, and its incorporation into national constitutions by a growing number of States, it has acquired the value of obligatory.


Article 26 is devoted to the right to education. Extremely important, it declares that “everyone has the right to education”, and that education “shall be directed to the full development of the human personality and to the strengthening of respect for human rights and fundamental freedoms” and that “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”.

*See : Commission on Human Rights, Civil and Political Rights, Custom, Economic, Social and Cultural Rights, Education Content and Objectives, International Law, Recommendation, Resolution, Right to Education, United Nations General Assembly, United Nations Organization, Universal.


 

 



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