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United Nations
General Assembly
Distr. GENERAL
A/RES/53/144
8 March 1999
Fifty-third session
Agenda item 110 (b)
RESOLUTION ADOPTED BY THE GENERAL ASSEMBLY
[on the report of the Third Committee (A/53/625/Add.2)]
53/144. 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,
Taking note of Commission on Human Rights resolution 1998/7 of 3
April 1998, 1/ 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, 2/
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.
85th plenary meeting
9 December 1998
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 Rights 2/ and the International Covenants on Human Rights 3/ 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 Rights 3/ 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.
Notes
1/ See Official Records of the Economic and Social Council, 1998,
Supplement No. 3 (E/1998/23), chap. II, sect. A.
2/ Resolution 217 A (III).
3/ Resolution 2200 A (XXI), annex.
.
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