womensnet logo Declaration of Human Rights from a Gender Perspective: Contributions to the 50th Anniversary of the Universal Declaration of Human Rights
(Latin American and Caribbean Committee for the Defense of Women's Rights, Cladem)

CONTENTS


INTRODUCTION

The Universal Declaration of Human Rights, signed after World War II, in 1948, meant the beginning of an era of commitments on the part of the States to respect the rights of the citizens and display all the necessary efforts to guarantee peace all over the world.

The knowledge of the human rights contained in said Declaration is a basic requisite to be able to exercise one's citizenship. He/she who does not know his/her rights cannot demand that they be complied with.

After 50 years of these norms being enforced, us women deem it necessary to create a new instrument which will make us visible as subjects and furthermore, that it incorporate the advances achieved in the area of human rights during this period, specially from a gender and ethnic perspective.

The Latin American and Caribbean Committee for the Defense of Women's Rights (CLADEM) is a gathering of persons and institutions that work for the promotion and defense of women's rights in 17 countries of the region.

CLADEM has, among its priorities, the defense and diffusion, in a broad and inclusive manner, that is, without making persons invisible on account of their sex, ethnic, race, age, social or economic origin, creed or any other reasons.

In view of this objective, and considering the initiatives presented worldwide to celebrate the 50th Anniversary of the Universal Declaration, CLADEM is boosting a campaign to incorporate the gender perspective in the human rights discourse.

The brochure which we are now presenting is a part of this campaign and contains 4 documents :

  • The Universal Declaration of Human Rights, signed by the United Nations in 1948.

  • The proposal of "Universal Declaration of Human Rights from a Gender Perspective". The campaign for its approval in the United Nations is being boosted by CLADEM and other women's organizations of the region, so that it can be approved by the United Nations General Assembly in its 53rd Session in December 1998, on the 50th Anniversary of the Declaration.

  • Support sheets to CLADEM's proposal so that persons can back us up and participate in the campaign by signing same.

  • Sample letter of support so that the institutions that coincide with what is being proposed in the Declaration can copy it in their own letterhead and send it duly signed to CLADEM's Regional Offices.

We invite whoever reads it, to spread the Universal Declaration of Human Rights and to support CLADEM's campaign, so that the new Declaration can be approved by the United Nations and thus help to strengthen and enrich the previous one. Please send the signed support sheets and the sample support letters to :

CLADEM
P.O. Box 11-0471
email:cladem#chavin.rcp.net.pe
Lima Peru


UNIVERSAL DECLARATION OF HUMAN RIGHTS

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 cooperation 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, 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 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 defense.

  2. No one shall be held guilty of any penal offence on account of any act of 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 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 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 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.-

  1. 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 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.


PROPOSAL FOR A DECLARATION OF HUMAN RIGHTS FROM A GENDER PERSPECTIVE

Contribution to the 50th Anniversary of the Universal Declaration of Human Rights

Document nº e/cn.4/1998/ngo/3 Commission on Human Rights of the United Nations - Geneve (with revisions)

INTRODUCTION

In December 1998, the United Nations will commemorate the 50th Anniversary of the Universal Declaration of Human Rights. Knowing the great significance of this event, CLADEM (The Latin American and Caribbean Committee for the Defense of Women's Rights), along with other regional and international organizations, has developed a proposal aimed for adoption by the Member States of the United Nations.

The year 1998 is the occasion for States to renew their commitment to human rights and to incorporate perspectives regarding gender and ethnicity that have gained prominence since the adoption of the Universal Declaration fifty years ago.

In the same way that the 1948 Declaration has constituted an ethical code for the second half of the Twentieth Century, we consider it necessary today, on the threshold of the new millennium, that States approve another document aimed at the international protection of human rights, in order integrate advances in human rights thinking and experience since 1948, without invalidating in any way the achievements of the Universal Declaration.

PREAMBLE

CONSIDERING that the contemporary formulation of human rights emerged within a historical context in which the concept of the human being was by and large limited to that of a male, Western, white, adult, heterosexual and owner of assets.

CONCERNED that because of this limited conception of the human being, the rights of women, indigenous people, homosexuals and lesbians, children, the elderly, disabled people and other groups have been restricted.

CONVINCED that a holistic and inclusive concept of humanity is necessary for the full realization of human rights,

REAFFIRMING the indivisibility, universality and interdependence of human rights,

BELIEVING that, in the present context of mounting poverty, inequality and violence, it is crucial to strengthen and guarantee the full validity and inconnectedness of environmental, reproductive, economic, social and cultural rights.

STRESSING that the following Declaration in no way reduces the validity of the Universal Declaration of Human Rights, nor of any other international human rights instrument, and that it does not authorize activities contrary to the sovereignty, territorial integrity or political independence of States.

We therefore submit to the General Assembly at its 53rd session the present draft declaration for its consideration in the elaboration of a Declaration for the 21st Century.

I. Rights of Identity and Citizenship

Article 1

  1. All women and men are born free and equal in dignity and rights.
  2. Every individual has the to enjoy all human rights, with no distinction based on race, ethnicity, age, sex, sexual orientation, physical or mental disability, language, religion, political opinion, national or social origin, economic position, birth or any other condition.

Article 2

  1. All human beings have the right to their own identity as individuals, as members of groups with which they identify, as members of a nation and as citizens of the world, with the degree of autonomy and self-determination in all these spheres necessary to preserve their dignity and sense of self-worth. This right to identity shall not be negatively affected by marriage.

  2. Slavery, servitude, and the traffic of women, girls and boys in any form, including those which take place within family relationships, are prohibited.

Article 3

  1. All human beings have the right to an equal and equitable participation in labor, political and social organizations, as well as access to elective and non-elective public posts.

  2. All States shall eliminate obstacles to the full and equal enjoyment of citizenship rights by women. In particular, women shall be able to acquire citizenship without discrimination and to exercises the same rights as men to participate in all spheres of public and political life of the nation.

Article 4

  1. All human beings have the right to express ethnic-racial diversity free from prejudices based on cultural, linguistic, geographic, religious and racial discrimination.

  2. All human beings have the right to protection against ethnocide and genocide.

Article 5

  1. Indigenous Peoples have the right to autonomy and self determination and to the maintenance of their traditional political, legal, educational, social and economic structures and ways of life.

  2. Indigenous Peoples have the right to the maintenance of commercial and cultural relations and communications across national borders.

  3. Indigenous Peoples have the individual and collective right to participate in the decision-making process of their local and national governments.

Article 6

People belonging to ethnic, racial, religious or linguistic minorities have a right to establish their own associations, to practice their own religion and use their own language.

II. The Right to Peace and to a Violence Free Life.

Article 7

All persons have the right to a violence-free life and the enjoyment of peace in both the public and private spheres. No one shall be submitted to torture or to cruel, inhumane or degrading treatment or punishment. All forms of violence against women constitute a violation of their human rights. Violence shall not be used to deny people their right to housing, in particular through forced evictions.

Article 8

  1. Migrants, displaced persons or refugees, and persons disadvantaged because of gender, race, class, ethnic origin, age, convictions or any other condition, have the right to specific protection measures against violence.

  2. All human beings have the right to live free from armed conflict

  3. Acts of a particularly egregious character perpetrated against women and children in situations of armed conflict, including murder, rape, sexual slavery and forced pregnancies constitute crimes against humanity.

Article 9

  1. Every citizen has the right to a national budget aimed at sustainable human development and the promotion of peace by their governments, including measures towards the reduction of military expenditure, the elimination of all weapons of mass destruction, the reduction of armaments to the strict needs of national security, and the reassignment of these funds towards development.

  2. Women and representatives of disadvantaged groups have the right to participate in the process of decision making in the field of national security and in conflict resolution.

III. Sexual and Reproductive Rights.

Article 10

All human beings have the right to autonomy and self-determination in the exercise of their sexuality, which includes the right to physical, sexual and emotional pleasure, the right to freedom in sexual orientation, the right to information and education on sexuality and the right to sexual and reproductive health care for the maintenance of physical, mental and social well-being.

Article 11

  1. Women and men have the right to decide on their reproductive life in a free and informed manner and to exercise the voluntary and safe control of their fertility, free from discrimination, coercion or violence, as well as the right to enjoy the highest levels of sexual and reproductive health.

  2. Women have the right to reproductive autonomy which includes access to safe and legal abortions.

IV. Right to Development

Article 12

  1. All human beings have the right to enjoy the benefits of sustainable human development, in accordance the Declaration on the Right to Development.

  2. Decisions regarding national priorities and allocation of resources shall reflect the nation's commitment to the full realization of economic, social and cultural rights, including physical and mental health, education, freedom from poverty, adequate housing, food security, equal and equitable access to land, credit, technology, clean running water and energy.

Article 13

Every woman and man has the right and responsibility to raise and educate their children, to carry out housework and to provide for the needs of the family, including after separation or divorce.

Article 14

  1. Everyone has the right to gainful employment; the free choice of work; protection against unemployment; safe, equitable and satisfactory working conditions and an adequate standard of living.

  2. Everyone has a right to enjoy the same opportunities and treatment in relation to: access to services of vocational training and employment; job security; remuneration for work of equal value, social security, and other social benefits, including rest and leisure.

V. Environmental Rights.

Article 15

Transgenerational responsibility, gender equality, solidarity, peace, respect for human rights and cooperation among States are the basis for the achievement of sustainable development and the conservation of the environment.

Article 16

  1. All women and men have the right to a sustainable environment and level of development adequate for their well-being and dignity.

  2. All women and men have the right to access technologies sensitive to biological diversity, essential ecological processes and life conservation systems in industry, agriculture, fishing and pasturing
.

Article 17

  1. All persons have the right to participate actively in local, national and international environmental management and education.

  2. The environmental policies shall aim to:
    Provide consumers with suitable information, comprehensible to persons of all ages, linguistic origins, and degrees of literacy.
  1. Promote the elimination of chemical products and pesticides which are toxic and dangerous for the environment, reducing health risks that affect people both at home and at work, in urban and rural areas.
  2. Foster the manufacturing of products that are sensitive to and respectful of the environment and that apply non-polluting technologies.
  3. Support the recovery of eroded and deforested lands, of harmed hydrographic basins and of polluted water supply systems.


INDIVIDUALS SUPPORT FORM

Contributions to the 50th Anniversary of the Universal Declaration of Human Rights

CLADEM, Latin America and Caribbean Committee for the Defense of Women's Rights has been boosting at a regional and world level a campaign aimed at getting support so that the States that will meet in December 1998 on the occasion of the 50th. Anniversary of the Universal Declaration of Human Rights, can adopt an international instrument that incorporates the rights and perspectives that emerged in this matter in the last decades, particularly the gender perspective.

This Declaration states the right of women and men of all ages to enjoy the benefits of the full citizenship and the sustainable and integral development, to enjoy peace and to lead a life free from violence, exercising their civil, political, economic, social, cultural, sexual and reproductive rights in equality, in a healthy environment and without discrimination by reason of their ethnic or racial origin, sex, age, social or physical condition, religion, language, origin or others.

We invite you to be part of this process and to support the proposal by spreading it and suscribing it.

Name Country/ID Card Signature
_______________________ _______________________ _______________________
_______________________ _______________________ _______________________
_______________________ _______________________ _______________________
_______________________ _______________________ _______________________
_______________________ _______________________ _______________________
_______________________ _______________________ _______________________
_______________________ _______________________ _______________________
_______________________ _______________________ _______________________

Send us as soon as possible the present sheet of adherence to the P.O. Box 11-0470, Lima - Peru. E-mail: cladem@chavin.rcp.net.pe


SAMPLE LETTER OF INSTITUTIONAL SUPPORT

..............................., ...................., ..............., ...............
(city) (month) (day) (year)

Latin American and Caribbean Committee for the Defense of Women's Rights (CLADEM)

Dear CLADEM,

Our organization, ........................................................................, (name, initials) based in ................................…............... (city, country) wishes to express its institutional support to the proposal of Declaration of Human Rights from a gender perspective: Contributions to the 50th Anniversary of the Universal Declaration of Human Rights.

Said declaration -to which the Latin American and Caribbean Committee for the Defense of Women's Rights (CLADEM) has given impulse together with other organizations- is a proposal which takes into account the latest advancements in the matter of human rights concepts, in particular from a gender perspective.

Our support to the Declaration is given inasmuch same establishes the right of women and men of all ages to enjoy the benefits of a full citizenship without discrimination in view of their ethnic or racial origin, to enjoy peace and live a life free of violence, making use of their civil, political, economic, social, cultural, sexual and reproductive rights, as well as their right to total and sustainable development in a healthy environment.

Without further comment, may this letter be construed as our unwavering support to the process, in order that when the States get together for the 50th Anniversary of the Universal Declaration of Human Rights, they will adopt an international instrument like the one proposed.

Very truly yours,

.....................................................
(signature, title, stamp)

 

  

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