Upload
elgieraydolph-buison
View
215
Download
0
Embed Size (px)
Citation preview
7/29/2019 UDHR Tabulate
1/6
UDHR ICCPR ICESCR
Article 11. Article 14- 16
(1) Everyone chargedwith a penal offencehas the right to be
presumed innocentuntil proved guiltyaccording to law in a
public trial at which he
has had all theguarantees necessary
for his defence.
Article 14 recognizes and
protects a right to justice and afair trial. Article 14.1
establishes the ground rules:everyone must be equal beforethe
courts, and any hearing must
take place in open court beforea competent, independent and
impartial tribunal, with any
judgment or ruling made
public.Closed hearings areonly permitted for reasons of
privacy, justice, or national
security, and judgments mayonly be suppressed in divorce
cases or to protect the interests
of children.These obligations
apply to both criminal andcivil hearings, and to all courts
and tribunals.
The rest of the article imposesspecific and detailed
obligations around the process
of criminal trials in order to
protect the rights of theaccused and the
right to a fair trial. It
establishes the Presumption ofinnocenceand forbids double
jeopardy.It requires that those
convicted of a crime beallowed to appeal to a higher
tribunal,and requires victims
of a Miscarriage of justice to
be compensated.It establishes
rights to a speedy trial,to counsel, against self-
incrimination, and for the
accused to be present and calland examine witnesses.
Article 15prohibits
prosecutions under Ex postfacto law and the imposition
7/29/2019 UDHR Tabulate
2/6
of retrospective criminal
penalties, and requires theimposition of the
lesser penalty where criminal
sentences have changed
between the offence andconviction.[43]
Article 16 requires states torecognize everyone as a
person before the law. (2) No one shall be
held guilty of any
penal offence on
account of any act oromission which did not
constitute a penal
offence, under nationalor international law, atthe time when it was
committed. Nor shall a
heavier penalty beimposed than the one
that was applicable at
the time the penaloffence was
committed.
Article 12. No one shall be
subjected to arbitrary
interference with his
privacy, family, homeor 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 9 recognises the rightsto liberty and security of the
person. It prohibits arbitrary
arrest and detention, requiresany deprivation of liberty to
be
according to law,and obligesparties to allow those deprived
of their liberty to challenge
their imprisonment through
the courts.Theseprovisions apply not just to
those imprisoned as part of the
criminal process, but also to
those detained due to mentalillness, drug addiction, or for
educational or immigration
purposes.
Article 10 of the Covenantrecognises the family as "the
natural and fundamental group
unit of society", and requiresparties to accord it "the widest
possible protection and
assistance."Parties mustensure that their citizens are
free to establish families and
that marriages are freely
contracted andnot forced.Parties must also
provide paid leave or adequate
social security to mothers
before and after childbirth, anobligation which overlaps
with that of Article 9. Finally,
parties must take "special
7/29/2019 UDHR Tabulate
3/6
Articles 9.3 and 9.4 impose
procedural safeguards aroundarrest, requiring anyone
arrested to be promptly
informed of the charges
against them, andto be brought promptly before
a judge.[29] It also restricts theuse of pre-trial detention,[30]
requiring it to be imposed only
in exceptional
circumstances and for as shorta period of time as possible.
measures" to protect children
from economic or socialexploitation, including setting
a
minimum age of employment
and barring children fromdangerous and harmful
occupations.
Article 11 recognizes the right
of everyone to an adequate
standard of living. Thisincludes, but is not limited to,
the right to adequate food,
clothing,
housing, and "the continuousimprovement of living
conditions."[33] It also creates
an obligation on parties to
work together to eliminateworld hunger
Article 13.
(1) Everyone has theright to freedom of
movement andresidence within the
borders of each state.
Article 12 guarantees freedom
of movement, including the
right of persons to choosetheir residence and to leave a
country.These rights apply tolegal aliens as well as citizens
of a state,and can be restricted
only where necessary to
protect national security,
public order or health, and therights and freedoms of others.
The article also recognises a
right of people to enter theirown country.The Human
Rights Committee interprets
this right broadly as applying
not just to citizens, but also tothose stripped of or denied
their nationality.They also
regard it as near-absolute;"there
are few, if any, circumstances
in which deprivation of the
7/29/2019 UDHR Tabulate
4/6
right to enter one's own
country could be reasonable". (2) Everyone has the
right to leave anycountry, including his
own, and to return tohis country.
Article 14.
(1) Everyone has theright to seek and toenjoy in other
countries asylum from
persecution.
(2) This right may notbe invoked in the caseof prosecutions
genuinely arising fromnon-political crimes or
from acts contrary to
the purposes and
principles of theUnited Nations.
Article 15.
(1) Everyone has theright to a nationality.
Article 24 mandates the right
to a nationality (2) No one shall be
arbitrarily deprived ofhis nationality nor
denied the right to
change his nationality.
Article 16.
(1) Men and women offull 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
Article 23 mandates the right
of marriage.The wording of
this provision neither requiresnor prohibits same-sex
marriage
Article 10 of the Covenant
recognises the family as "the
natural and fundamental groupunit of society", and requires
parties to accord it "the widest
possible protection andassistance."Parties must
ensure that their citizens are
free to establish families and
that marriages are freely
7/29/2019 UDHR Tabulate
5/6
dissolution. contracted and
not forced.Parties must alsoprovide paid leave or adequate
social security to mothers
before and after childbirth, an
obligation which overlapswith that of Article 9. Finally,
parties must take "specialmeasures" to protect children
from economic or social
exploitation, including setting
aminimum age of employment
and barring children from
dangerous and harmful
occupations.
(2) Marriage shall beentered into only withthe free and full
consent of the
intending spouses.
(3) The family is thenatural and
fundamental group unit
of society and isentitled to protection
by society and theState.
Article 17.
(1) Everyone has theright to own propertyalone as well as in
association with
others.
(2) No one shall bearbitrarily deprived ofhis property.
Article 18.
Everyone has the rightto freedom of thought,
conscience andArticle 27 mandates the rights
of ethnic, religious and
7/29/2019 UDHR Tabulate
6/6
religion; this right
includes freedom tochange his religion or
belief, and freedom,
either alone or in
community with othersand in public or
private, to manifest hisreligion or belief in
teaching, practice,
worship and
observance.
linguistic minority to enjoy
their own culture, to professtheir own religion, and to use
their own
language.
Article 18 mandates freedom
of religionArticle 19.
Everyone has the rightto freedom of opinionand expression; this
right includes freedom
to hold opinionswithout interference
and to seek, receiveand impart information
and ideas through anymedia and regardless
of frontiers.
Article 19 mandates freedomof expression.
Article 20.
(1) Everyone has theright to freedom of
peaceful assembly and
association.
Articles 21 and 22 mandatefreedom of association. These
provisions guarantee the right
to freedom of association, theright to trade unions and also
defines the International
Labour Organisation (2) No one may be
compelled to belong toan association.