Contemporary Human Rights Challenges The Universal Declaration of Human Rights was drafted by the United Nations (UN) Commission on Human Rights in the aftermath of World War II in an attempt to address the wrongs of the past and plan for a better future for all The process was led by Eleanor Roosevelt, René Cassin and John Humphreys amongst others, and the Declaration continues to be a powerful and profound template for our age This new collection of essays by academics, practitioners and activists brings a contemporary perspective to the original principles proclaimed in the Declaration’s 30 Articles Examined through these universal principles which have enduring relevance, the authors grapple with some of today’s most pressing challenges, some of which would not have been foreseen by the original drafters of the Declaration The essays cover a wide range of topics, such as an individual’s right to privacy in a digital age, freedom to practice one’s religion and the right to redress Contemporary Human Rights Challenges is of interest to researchers, academics, practitioners and students in the fields of human rights, international relations, political science and international law, and social justice Dr Carla Ferstman, Senior Lecturer at the Faculty of Law, University of Essex, UK Rev Alexander Goldberg, barrister and human rights activist, Jewish Chaplain to the University of Surrey, UK Dr Tony Gray, Director of Words by Design, Oxford, UK Dr Liz Ison (daughter of the late Clemens Nathan), London, UK Richard Nathan (son of the late Clemens Nathan), Director, Bosquet Capital, London, UK Michael Newman, Chief Executive, The Association of Jewish Refugees (AJR), London, UK Routledge Research in Human Rights Law Available titles in this series include: The Right to Religious Freedom in International Law Between group rights and individual rights Anat Scolnicov The Right to Development in International Law The Case of Pakistan Khurshid Iqbal Global Health and Human Rights Legal and Philosophical Perspectives John Harrington and Maria Stuttaford Human Rights, Constitutional law and Belonging The Right to Equal Belonging in Democratic Society Elena Drymiotou Dignity, Degrading Treatment and Torture in Human Rights Law The Ends of Article of the European Convention on Human Rights Elaine Webster The Right to Housing in Law and Society Nico Moons Human Rights and America’s War on Terror Edited by Satvinder Juss Beyond Human Rights and the War on Terror Edited by Satvinder Juss For more information about this series, please visit: www.routledge.com/RoutledgeResearch-in-Human-Rights-Law/book-series/HUMRIGHTSLAW Contemporary Human Rights Challenges The Universal Declaration of Human Rights and its Continuing Relevance Edited by Carla Ferstman, Alexander Goldberg, Tony Gray, Liz Ison, Richard Nathan and Michael Newman First published 2019 by Routledge Park Square, Milton Park, Abingdon, Oxon OX14 4RN and by Routledge 711 Third Avenue, New York, NY 10017 Routledge is an imprint of the Taylor & Francis Group, an informa business © 2019 Taylor & Francis The right of Carla Ferstman, Alexander Goldberg, Tony Gray, Liz Ison, Richard Nathan and Michael Newman to be identified as the authors of the editorial material, and of the authors for their individual chapters, has been asserted in accordance with sections 77 and 78 of the Copyright, Designs and Patents Act 1988 All rights reserved No part of this book may be reprinted or reproduced or utilised in any form or by any electronic, mechanical, or other means, now known or hereafter invented, including photocopying and recording, or in any information storage or retrieval system, without permission in writing from the publishers Trademark notice: Product or corporate names may be trademarks or registered trademarks, and are used only for identification and explanation without intent to infringe Library of Congress Cataloging-in-Publication Data Names: Ferstman, Carla, 1968–, editor Title: Contemporary human rights challenges : the Universal Declaration of Human Rights and its Continuing Relevance / Edited by Carla Ferstman, Alexander Goldberg, Tony Gray, Liz Ison, Richard Nathan and Michael Newman Description: New York : Routledge, 2018 | Series: Routledge research in human rights law | Includes bibliographical references and index Identifiers: LCCN 2018021161 | ISBN 9780815364634 (hbk) | ISBN 9781351107129 (web pdf) | ISBN 9781351107112 (epub) | ISBN 9781351107105 (mobipocket) Subjects: LCSH: United Nations General Assembly Universal Declaration of Human Rights | Human rights—International unification Classification: LCC K3238.31948 C66 2018 | DDC 341.4/8—dc23 LC record available at https://lccn.loc.gov/2018021161 ISBN: 978-0-8153-6463-4 (hbk) ISBN: 978-1-351-10713-6 (ebk) Typeset in Galliard by Apex CoVantage, LLC Dedication For a time during my judicial career I thought that those who live in the United Kingdom could take for granted that their human rights would be adequately protected by English Law But I am now worried as to whether this will remain the position Certainly, in the future, I am now confident human rights, as they did in the past, will need the support of champions That is, individuals who are totally committed to furthering and protecting our human rights In referring to champions, I have in mind individuals like the late Clemens Nathan, in honour of whom this book is dedicated, who stoically fought to further human rights for the reasons clearly explained in the section of the book contributed by his daughter, Liz Ison, and son, Richard Nathan My current concerns were alerted by the campaign by the UK Government initially to repeal the Human Rights Act 1989 That Act made the European Convention of Human Rights part of our domestic law, enforceable in our courts For a time it was the policy of our current government to repeal the 1989 Act and replace the European Convention with a British Bill of Rights The terms of that Bill have never been published and fortunately that campaign has petered out However we would be unwise to set too much store by this apparent change of heart It could well be that there has been no change of heart and the recent inactivity is no more than a consequence of the pressures being caused by the Brexit negotiations, which reports indicate are absorbing a major proportion of the UK Government’s resources Whether this is the case or not, there is no doubt that the UK Government is showing considerable interest in achieving a situation that when this country withdraws from the European Union, and even when it is in a state of transition, that the parallel provisions of the EU Charter of Fundamental Rights resulting from the Amsterdam (1998) and Lisbon (2009) Treaties have as limited application as possible While not forgetting that there are important distinctions between the protection provided by the Charter and Convention Rights, the energy vi Dedication [The Rt Hon Lord Woolf, CH] being devoted to restricting the ambit of the Charter rights does suggest we would be right to be on our guard to ensure that after Brexit our protection of the human rights of our citizens are no less effective than they were before our decision to leave the European Union I have no hesitation in welcoming the publication of this volume of essays by many of those who, like myself, admired the long-time efforts of Clemens Nathan to improve the protection of human rights It would be a betrayal of his efforts and those of many other campaigners like him if we allowed the United Kingdom again, as it was in the past, justifiably to be described as “an elective” or “elected dictatorship” (Lord Hailsham, Dimbleby Lecture 1976) The Rt Hon Lord Woolf, CH Contents ContentsContents Forewordx AUDREY AZOULAY In honour of Clemens N Nathan (1933–2015)xiii LIZ ISON AND RICHARD NATHAN List of contributorsxviii Introduction by the editors CARLA FERSTMAN, ALEXANDER GOLDBERG, TONY GRAY, LIZ ISON, RICHARD NATHAN AND MICHAEL NEWMAN SECTION I Reflections on the Declaration’s foundation articles and some cross-cutting themes7 The foundations: Articles and 2 BERTRAND G RAMCHARAN Not alone – the origins, significance and legacy of Article 29 19 FRANCESCA KLUG Terrorism and the development of thinking on human rights 31 JOHN ALDERDICE SECTION II The rights of the individual39 (Articles 1–11) Introduction to Section II 40 CARLA FERSTMAN viii Contents Article 3: everyone [including women] has the right to life, liberty and security of person 43 RASHIDA MANJOO Articles and 7: equality and the Universal Declaration of Human Rights: progress and challenges for Lesbian, Gay, Bisexual, Transgender and Intersex (LGBTI) equality 55 REBECCA HILSENRATH AND CHARLES HAMILTON Article 4: no-one to be held in slavery or servitude: provisions that are not as redundant as many had assumed 70 MIKE DOTTRIDGE Article 5: no one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment 82 CARLA FERSTMAN Holocaust property theft and restitution: the right to an effective remedy under Article of the Universal Declaration of Human Rights 94 MICHAEL J BAZYLER AND KRISTEN L NELSON SECTION III The rights of the individual in civil and political society111 (Articles 12–17) Introduction to Section III 112 CARLA FERSTMAN Article 12: the right to privacy 115 LORNA WOODS 10 Article 15: the right to a nationality 126 LAURA VAN WAAS SECTION IV Spiritual, public and political freedoms137 (Articles 18–21) Introduction to Section IV 138 ALEXANDER GOLDBERG 11 Religious liberties and the need for moral universalism ROWAN WILLIAMS 141 Contents ix 12 Articles 18 and 19: when freedom of religion is pitted against freedom of expression 148 GEORGE R WILKES 13 Rights for a democratic age? The development of freedom of assembly and association 160 ALEXANDER GOLDBERG SECTION V Economic, social and cultural rights169 (Articles 22–27) Introduction to Section V 170 MICHAEL NEWMAN 14 Article 22 and the role of economic, social and cultural rights in the realisation of social justice 173 RODRIGO UPRIMNY 15 The Universal Declaration of Human Rights, economic, social and cultural rights and human rights discourse 183 DANWOOD M CHIRWA 16 A promise of Sustainable Development Goal 4: right to education and right to human rights education as a path to inclusion 194 EVA SOBOTKA 17 Safeguarding heritage in armed conflict – how UNESCO protects the human right to culture 206 GIOVANNI BOCCARDI AND LÉONIE EVERS SECTION VI The challenge of hope219 18 Challenges for the human rights movement 221 JIMMY CARTER Appendix: Universal Declaration of Human Rights225 Index231 224 Jimmy Carter immigrants seized in a growing number of government raids are also filling private prisons or simply being deported, sometimes to countries where they have never lived and have no family I have described here a loss of trust that we have had previously, in democracy and freedom, in our political leaders and institutions, in the sanctity of truth and basic fairness This has come about due to the lack of adherence to the high ideals of peace and human rights in the broadest possible terms That our nation’s top leaders would actively undermine the trust of the people in our institutions and founding principles by fanning flames of hatred and fear is shocking Many of these trends came to a climax in 2016, including in my country’s presidential election The dissatisfaction of the average person with our political system resulted in many voters taking a chance on a leader who would obviously place less emphasis on human rights because they have lost trust in the major political parties They were willing to abandon even basic principles of democracy and human rights just to try something new, no matter what it was Similar political trends are present in nearly every region of the world, and it will take a concerted effort to turn the tide in favour of peace and human rights We have a great challenge before us if we are going to revitalise a global human rights movement But, we have faced such challenges before, and we have seen incredible progress During the darkest days of the two World Wars that engulfed Europe, we could barely imagine that one day the continent would become, even with all its challenges, an integrated community committed to resolving its differences peacefully We must rededicate ourselves to an even higher aspiration than we have held in previous generations by promoting peace, an adequate standard of living, and the full inclusion and empowerment of women as basic human rights Where the threat of war exists, let us devote every possible effort to reduce fear and promote dialogue and understanding When any brave human rights defender faces retaliation for shedding light on important information or government abuses, let us raise our voices to ensure their safety When women and girls are excluded from decision making or are subjected to discrimination or violence, let us stand up and demand equality of representation and treatment When religion is misused to promote violence or justify the oppression of anyone, let us remember that the essential teaching of every major religion is love and reciprocity When a policy or law is debated in the parliaments and congresses of the world, let us consider whether the policy will give people opportunity and hope, alleviate suffering and dispel fear, or will it foment hatred or produce suffering among our fellow human beings? If we are to revitalise a global human rights movement, we must work to strengthen our societies’ commitments to peace and human rights so that future generations inherit a less violent and more just world Appendix Universal Declaration of Human Rights AppendixAppendix 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 226 Appendix Article 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 Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, colour, 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 Everyone has the right to life, liberty and security of person Article No one shall be held in slavery or servitude; slavery and the slave trade shall be prohibited in all their forms Article No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment Article Everyone has the right to recognition everywhere as a person before the law Article 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 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 Appendix 227 Article 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 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 defence No one shall be held guilty of any penal offence on account of any act or 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 honour and reputation Everyone has the right to the protection of the law against such interference or attacks Article 13 Everyone has the right to freedom of movement and residence within the borders of each State Everyone has the right to leave any country, including his own, and to return to his country Article 14 Everyone has the right to seek and to enjoy in other countries asylum from persecution 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 Everyone has the right to a nationality No one shall be arbitrarily deprived of his nationality nor denied the right to change his nationality 228 Appendix Article 16 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 Marriage shall be entered into only with the free and full consent of the intending spouses The family is the natural and fundamental group unit of society and is entitled to protection by society and the State Article 17 Everyone has the right to own property alone as well as in association with others 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 Everyone has the right to freedom of peaceful assembly and association No one may be compelled to belong to an association Article 21 Everyone has the right to take part in the government of his country, directly or through freely chosen representatives Everyone has the right to equal access to public service in his country 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 Appendix 229 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 Everyone has the right to work, to free choice of employment, to just and favourable conditions of work and to protection against unemployment Everyone, without any discrimination, has the right to equal pay for equal work Everyone who works has the right to just and favourable remuneration ensuring for himself and his family an existence worthy of human dignity, and supplemented, if necessary, by other means of social protection 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 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 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 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 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 230 Appendix all nations, racial or religious groups, and shall further the activities of the United Nations for the maintenance of peace Parents have a prior right to choose the kind of education that shall be given to their children Article 27 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 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 Everyone has duties to the community in which alone the free and full development of his personality is possible 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 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 Index Aboriginal and indigenous women, killings of 47 accessibility gap 195 – 197 accountability for human rights 187 – 188 African Charter on Human and Peoples’ Rights 25, 59, 74, 161 – 162 African Charter on the Rights and Welfare of the Child 131 African Union 155 Akayesu case 85 Alderice, Lord 3, American Convention on Human Rights (ACHR) 25, 74, 83, 161 Anglo Jewish Association (AJA) xiv apartheid 14, 15 Arab Charter on Human Rights 83 Arbour, L 26 Arendt, H 126 armed conflict: safeguarding culture and cultural heritage in 208 – 210; women and girls killed in context of 46 art and religion 163 – 164 Article see right to life, liberty and security of person, Article Article see slavery and servitude, Article Article see torture, Article Article 12 see right to privacy, Article 12 Article 15 see right to nationality, Article 15 Article 22 see economic, social and cultural rights (ESCRs) Article 29 see human rights, Article 29 Articles 18 and 19 see religious liberties assembly and association, freedom of see freedom of assembly and association Association of Southeast Asian Nations (ASEAN) Human Rights Declaration 74, 162 Atala, K 60 Atanasiu and Others v Romania 101 Bandhua Mukti Morcha v Union of India 76 Barrios Altos case 87 Behzti 163 – 165 Bennoune, K 214 – 215 Bernh Larsen Holdings AS v Norway 117 Bhatti, G K 164 Bill of Rights, US 20 – 21, 25 Blackburn, S 12 Blair, T 200 Blanshard, B 13 Boccardi, G 170 Bokova, I 209 Bosnian war 27, 104, 209 – 210 Bretton Woods 32 Brexit 19, 27 British Airways 25 brotherhood, concept of 14, 16 Buyse, A 99 Cameron, D 27 Carter, J 4, 221 – 224 Cassin, R 5, 22, 72; Article 22 and 174 – 175; Articles and and 9, 10, 11, 12 Chang, P C 11, 21 Charlie Hebdo 26, 166 children: Convention on Consent to Marriage, Minimum Age for Marriage and Registration of Marriages and 79n10; Convention on the Rights of the Child (CRC) 14, 15, 25, 57, 79n15, 131 – 132; nationality rights of 131 – 132; right to education and (see education, right to) Chirac, J 97 Chirwa, D M 170 – 171 232 Index Chorzów Factory case 95, 99 Christianity 23, 25, 60 – 61, 142 – 143, 146 – 147 Clinton, B 200 Coerial and Aurik v NL 116 Cold War era 15, 33 Coleman, J 222 collective versus individuals rights 162 – 166 colonialism 14 Commission on Human Rights 15 Committee on the Elimination of Discrimination against Women (CEDAW) 14, 47 conscience, concept of 13, 16 Consultative Council of Jewish Organisations (CCJO) xiv – xv Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment 82 – 83, 84 Convention for the Protection of Human Rights and Fundamental Freedoms 71 Convention for the Suppression of the Traffic in Persons and of the Exploitation of the Prostitution of Others 74 Convention on Consent to Marriage, Minimum Age for Marriage and Registration of Marriages 79n10 Convention on the Elimination of Discrimination against Women (CEDAW) 14, 44, 51, 130 – 131 Convention on the Elimination of Violence Against Women 51 Convention on the Reduction of Statelessness 128 Convention on the Rights of All Migrant Workers and Members of their Families 131 Convention on the Rights of Persons with Disabilities 131 Convention on the Rights of the Child (CRC) 14, 15, 25, 57, 79n15, 131 – 132 Convention relating to the Status of Stateless Persons 128 Cotton Fields v Mexico 49 Council of Europe Convention on Action against Trafficking in Human Beings 75 Court of Justice of the European Union 59 Covenant on the Rights of the Child in Islam 131 ‘cultural cleansing’ 209 cultural heritage 206 – 207; armed conflict and safeguarding culture and 208 – 210; conclusions on protecting 214 – 215; increased recognition in security, humanitarian and human rights policies and 212 – 213; international human rights law (IHRL) and 207 – 208; UNESCO’s action to protect 210 – 211 Daes, Erica-Irene 24 Daily Mail 63 Danchin, P 154 Danish cartoon controversy, 2005/6 26, 149 Declaration of Independence, US 64n6 Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religious Belief 152 Declaration on the Elimination of Violence against Women (DEVAW) 44 – 45, 50 Declaration on the Protection of All Persons from Being Subjected to Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment 84 D.H and others v The Czech Republic 197 Diène, D 26 digital technologies and privacy rights 117 – 122 dignity, concept of 13, 15 discourse, human rights 183 – 189 discrimination, prohibition of 14 domaine reservé of states 130 Dottridge, M 40, 41, 42 dowry-related killings of women 47 drug dealers 47 Dudgeon v United Kingdom 59, 61 Dukes, C 22 economic, social and cultural rights (ESCRs) 173 – 174; drafting of 174 – 175; evolution of accountability for human rights and 187 – 188; evolution of human rights obligations and duty bearers and 185 – 187; general entitlement to 176; human Index 233 rights discourse and 183 – 189; implementation challenge with 179 – 180; international dimension to 178 – 179; list and scope of 178; philosophical foundations and implications of 176 – 178; rich normative content of 175 – 180; social justice and 173 – 180; uniqueness of UDHR with regard to protection of 184 – 185 Economic Community of West African States (ECOWAS) 77 education, right to: case of inclusion of Roma in 196 – 197; closing the equality and accessibility gap 195 – 197; human rights education as full development goal in 197 – 201; introduction to 194 – 195; new opportunity under sustainable development goal and 201 – 202 Eichmann, A 95 El Masri case 86 equality: Articles and on 56 – 57; concept of 13, 14; right to education and closing the gap on 195 – 197 European Convention for the Protection of Human Rights and Fundamental Freedoms 74, 78n3 European Convention on Human Rights (ECHR) 19, 21, 25, 27, 57, 59, 83, 152 European Court of Human Rights 77, 87, 197 European Union Charter of Fundamental Rights 162, 195 Evans, M 155 Evers, L 170 Eweida, Mrs 25 ex gratia payments 102 – 103 expression, freedom of see freedom of expression Feltman, J 212 Ferdinand, Archduke of Austria 31 Ferstman, C 3, 40, 41 forced labour 71, 75 – 78, 79n16; see also slavery and servitude, Article foundation concepts in Articles and 12 – 14, 56 Four Freedoms 221 France, religious identity movements in 165 – 166 freedom, concept of 12 – 13, 14 freedom of assembly and association: collective versus individual rights and 162 – 166; definition of 160 – 161; extension of UDHR principles to regional conventions and charters related to 161 – 162; historical roots of 161; ILO approach to 161; summary of 166 – 167 freedom of expression 148 – 149; history of, starting from the universal declaration of human rights 149 – 153; prognosis for 156 – 157; and relating the clash over fundamental principles to political realities 153 – 156 French Declaration of the Rights of Man and Citizen, 1789 20 – 21, 64n6 fundamentalism 163 Fyfe, D M 58, 61 Gandhi, M 20 gangs 47 gender identity, killings related to 48 Geneva Conventions of 1949 83 – 84, 85, 152 genocide, 20; human rights education and 200 – 201 Global Alliance of National Human Rights Institutions 202 Goldberg, A Goodwin v the United Kingdom 59, 61 Habré, C H 88 Hague Codification Conference 127 Hague Convention 208, 213 Hague Regulations 83 Hamilton, C 40, 42 Hayes, P 95 Henkin, L 13 Hilsenrath, R 40, 42 Hodgson, Col 12 Holocaust property theft and restitution, Article 8: conclusion on 103 – 104; early remedies and drafting of 95 – 98; effective remedies in practice and 101 – 103; introduction to 94; understanding the right to an effective remedy for Holocaustera immovable property reparations through recent soft-law measures and 98 – 101 ‘honour’ killings of women and girls 46 human and drug trafficking 47, 74 – 75 234 Index human beings: brotherhood among 14, 16; concept of 12, 14; conscience in 13, 16; dignity of 13, 15; equality of 13, 14; freedom of 12 – 13, 14; reasoning by 13, 16; rights of 13, 15 human rights, Article 29, 19; as a bolt from the blue 19 – 20; communitarian vision of 23; conclusion on 27; as ethical framework 21 – 23; influence and impact of 24 – 26; lawful limitations on rights and 24; modern dilemma with 26 – 27; as a product of its time 20 – 21 human rights, Articles and 32; foundation concepts in 12 – 14, 56; introduction to 9 – 10; legal and philosophical significance of 11 – 12; normative and policy implementation 14 – 16; vision of the drafters in 10 – 11 Human Rights Act (HRA), UK 19, 27 human rights discourse 183 – 189 human rights education 197 – 201 human rights movement 221 – 224 human rights obligations and duty bearers, evolution of 185 – 187 Humphrey, J 12 Huxley, A 20 Inter-American Commission on Human Rights 60 Inter-American Convention to Prevent and Punish Torture 85 Inter-American Court of Human Rights 60, 77, 87 interference and digital technology privacy 119 – 121 International Bill of Human Rights 13, 15, 24 International Conference on the Victims of Ethnic and Religious Violence in the Middle East 212 – 213 International Convention on the Elimination of Racial Discrimination 14 International Court of Justice 14 International Covenant on Civil and Political Rights (ICCPR) 25, 57, 71, 83, 88, 131, 152, 177, 183 International Covenant on Economic, Social and Cultural Rights (ICESCR) 177, 195 International Criminal Court (ICC) 76, 85, 208; cultural heritage protection and 212 International Decade for a Culture of Peace and Non-Violence for the Children of the World 198 International Holocaust Remembrance Alliance 200 international human rights law (IHRL) 207 – 208 International Labour Organization (ILO) 139; forced labour and 70 – 71, 75 – 76; freedom of assembly and association and 161; right to social security and 174 – 175 international Law on collective versus individuals rights 162 – 166 International Organisation for the Right to Education and Freedom of Education (OIDEL) 202 International Year for Human Rights Learning 198 intimate partner violence 45 Irish Republican Army (IRA) 34 – 35 Islam, 61, 153; Covenant on the Rights of the Child in 131; Danish cartoon controversy, 2005/6 and 26, 149; freedom of assembly and 166 Islamic State 210 journalists 26 Judaism 61 – 62, 95 – 97, 100, 127, 142, 146 – 147, 165, 201 Jyllands-Posten 26 Kant, I 13 Kantian ethics 13 Kayali, Mr 14 Kiai, M 163 Kigali Genocide Memorial and Aegis Trust 200 kinship 142 Klug, F Kochanski, H 97 Korczak, J 198 Kunarac case 76 labour, forced 71, 75 – 78, 79n16; see also slavery and servitude, Article language of human rights 144 – 145 Laski, H 20 Lauterpacht, H 161 lawful limitations on rights 24 League of Arab States 155 League of Nations 32, 70, 71, 127, 151, 161 Index 235 legal and philosophical significance of Articles and 11 – 12 Lemkin, Raphael 209 LGBTI persons, Articles and 32; category definition of 64n1; comparative domestic experience of LGBTI persons and 60 – 61; conclusion on 64; introduction to 55 – 56; killings of 48; LGBTI rights at the UN level and 57 – 58; LGBTI rights in regional systems and 58 – 60; UDHR and equality of 56 – 57; in UK context 61 – 64 life, liberty and security of person, right to see right to life, liberty and security of person, Article Limburg Principles 185 Lindholm, T 10 Lisbon Treaty 196 Little, D 154 Locke, D 63 Maastricht Guidelines 185 Macron, E 97 Malik, C 10 – 11, 22, 82, 150 – 151, 153 Manjoo, R 3, 41, 42 Marty, D 86 material scope of protection with digital technologies 117 – 119 Matienzi, A 14 Mátteoli, J 97 May, T 27 Meyer, F 95 Millennium Development Goals 15 minorities, nationality exclusion of 129 – 130 Minors of Nubian descent v Kenya 130 Mohammed, Prophet 26 Morsink, J 10, 94 Muntarbhorn, V 58, 61 Nathan, C 2, 4, 141 nationalism 27 nationality see right to nationality, Article 15 Nazi Germany see Holocaust property theft and restitution; World War II Newman, M normative and policy implementation of Articles and 14 – 16 Nozick, R 13 Nuremberg Trials 32, 58 O’Flaherty, Michael 58 Oliari and Others v Italy 59 Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography 73 Opuz v Turkey 49 Organisation for Security and Co-operation in Europe (OSCE) 162 Organisation of Islamic Cooperation 155 organised crime 47 Organization of African Unity 74 Organization of American States 60 Origins of Totalitarianism, The 126 Paine, T 20 – 21 Peresson, G 200 Peresztegi, A 101 Permanent Court of International Justice 95 Philadelphia Declaration, ILO 161 Prevention of Discrimination and the Protection of Minority Rights 152 privacy rights 25; conclusions on 122; digital technologies and 117 – 122; introduction to 115; text of Article 12 and 115 – 117 private company and digital technology privacy 121 – 122 Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children 75 racism 26 Ramcharan, B 2, reason, concept of 13, 16 Reason and Analysis 13 refugee status, Article 33 58; see also right to nationality, Article 15 Reinbold, J 22 religious identity movements 165 – 166 religious liberties 141 – 147; art and 163 – 164; history of, starting from the UDHR 149 – 153; pitted against freedom of expression 148 – 157; prognosis for 156 – 157; and relating the clash over fundamental principles to political realities 153 – 156 remedy and restitutions: for Holocaust victims (see Holocaust property theft and restitution); for victims of torture 88 – 89 reparations for torture survivors 88 – 89 236 Index Responsibility to Protect, doctrine of 33 rights: in civil and political society 112 – 113, 138 – 139; collective versus individual 162 – 166; concept of 13, 15; economic, social and cultural 170 – 172, 173 – 181; language of 144 – 145; lawful limitations on 24; to life, liberty and security of person 43 – 51; to nationality 126 – 133; privacy 25, 115 – 122; religious liberty 141 – 147; rule of law and 141 – 142; terrorism and 31 – 38 right to life, liberty and security of person, Article 3: conclusion on 50 – 51; continuing challenges for 50; introduction to 43 – 45; particular challenges to secure the right to life, liberty and security for women 48 – 49; phenomenon of killings of women and 45 – 48 right to nationality, Article 15 126; of children 131 – 132; exclusion of minorities from 129 – 130; nationality and statelessness today and 132 – 133; statelessness and 128 – 132; from state prerogative to individual right 126 – 128; women’s 130 – 131 right to privacy, Article 12: conclusions on 122; digital technologies and 117 – 122; introduction to 115; text of 115 – 117 Rodley, N S Romani children, education of 196 – 197 Roosevelt, E 13, 21, 153, 174, 203, 221; LGBTI rights and 56, 64, 65n8 Roosevelt, F D 174, 221 Rose, F 26 rule of law 141 – 142 Rushdie, S 138, 149 Rwandan genocide 27, 85, 200 same-sex marriage laws 61 – 62 Santa Cruz, H 11, 13 self-censorship 26 serfdom 73 servitude see slavery and servitude, Article sexual orientation, killings related to 48 Shaheed, F 213 Shetreet, S 155 Shue, H 186 Siliadin, H S.-A 76 – 77 Simpson, B 21 slavery and servitude, Article 4: changing interpretations of what constitutes 75 – 78; changing interpretations of what constitutes slavery and 75 – 78; on forced labour 71; on human trafficking 74 – 75; as no longer redundant 70; regional conventions and 74; on servitude 71 – 74; on slavery 70 – 71 Sobotka, E 170, 172 Social and Economic Rights Action Centre and the Centre for Economic and Social Rights v Nigeria (SERAC) 186 social justice 173 – 180 social security, right to 174 – 175; see also economic, social and cultural rights (ESCRs) Sohn, L sorcery/witchcraft 46 South African Holocaust Foundation 200 – 201 Special Court for Sierra Leone 77 Starr, S 98 statelessness 128 – 133 Stockholm Declaration, 2000 200 ‘Study of Statelessness’ 127 – 128, 133 Sub-Commission on the Promotion and Protection of Human Rights 75 Sustainable Development Goals 15, 171 – 172; right to education and right to human rights education 194 – 203 Teheran Conference on Human Rights 177 Terezin Declaration 99 – 101, 103 – 104 terrorism 31 – 38; Article and 32; cartoon controversy of 2005/6 and 26; as criminal activity 31, 35; doctrine of Responsibility to Protect and 33; Irish Republican Army (IRA) and 34 – 35; in the Middle east 33; September 11, 2001 33, 35 – 36, 223; at the start of World War I 31 – 32; strengths of UDHR against 36 – 37; ‘war on terror’ and 145 Thirteenth Amendment, US Constitution 72 Toonen v Australia 116 torture, Article 82 – 83; defined postUDHR 83 – 86, 90n25, 90n27; Index 237 defining torture post- 83 – 86; force of torture prohibition 70 years after adoption of 89; on inadmissibility of evidence obtained by torture 88; on obligation to investigate and prosecute torture 87 – 88; on reparations for torture survivors 88 – 89; state obfuscations and absolute nature of prohibition of 86 – 87 transcendent institutionalism 181n2 Treaty of Lisbon 19 Tutu, D 60 process of 2; gaps in enforcement of 3 – 4; as iconic and visionary text 1; individual rights in 40 – 42; optimism in 1 – 2; religious freedom pitted against freedom of expression and 149 – 153; text of articles in 225 – 230; themes surrounding 2 – 3; Universal Periodic Review (UPR) process 16, 58 universalism 142 Universal Periodic Review (UPR) process 16, 58 UN Security Council 36 UN Commission on Human Rights (UNCHR) 21 – 22, 155 UNESCO (United Nations Educational, Scientific, and Cultural Organization) 12, 20, 200; action taken by, to protect cultural rights 210 – 211; conclusion on 214 – 215; increased recognition in security, humanitarian and human rights policies and 212 – 213; international human rights law (IHRL) and 207 – 208; introduction to 206 – 207; safeguarding culture and cultural heritage in armed conflict and 208 – 210 UN Human Rights Committee 14, 87 – 88, 116, 131 UN Human Rights Council 15 – 16, 58, 77, 78 United Kingdom, the: Brexit and 19, 27; LGBTI rights in 61 – 64; slavery and 72 United Nations Decade for Human Rights Education 198 – 199 United Nations Decade of Education for Sustainable Development 198 United States, the: American Convention on Human Rights (ACHR) 25, 74, 83, 161; Bill of Rights of 20 – 21, 25, 161; criminal justice system in 223 – 224; Declaration of Independence 64n6; September 11, 2001, terrorist attacks on 33, 35 – 36, 223; slavery in 72; Thirteenth Amendment in 72 Universal Declaration of Human Rights (UHDR): adoption of 1; articles (see individual articles); conceptualised as portico of a Greek temple 5; drafting van Boven, T 98 van Waas, L Velásquez Rodríguez v Honduras 186 – 187 Vienna Declaration on Human Rights 17, 57, 154 war on terror 145 Westphalian era 142 Whitaker, B 75 Wilkes, G R 3, 138 – 139 Williams, B 13 Williams, Rowan 3, 138, 139 women 43 – 45; accused of sorcery/ witchcraft 46; Convention on Consent to Marriage, Minimum Age for Marriage and Registration of Marriages and 79n10; dowryrelated killings of 47; extreme forms of violent killings of 47 – 48; ‘honour’ killings of, 46; intimate partner violence against 45; killed as result of sexual orientation and gender identity 48; killed in the context of armed conflict 46; killings of Aboriginal and indigenous 47; nationality rights of 130 – 131; particular challenges to secure the right to life, liberty and security for 48 – 49; phenomenon of killings of 45 – 48 Woolf, Harry ‘Working Group on Contemporary Forms of Slavery’ 75 World Health Organisation 45 World Jewish Congress 96 World Programme for Human Rights Education 198 – 199 World Public Information Campaign on Human Rights 198 238 Index World War I 31 – 32 World War II 33, 40, 55, 82; Nuremberg Trials after 32, 58; see also Holocaust property theft and restitution Yean and Bosico v Dominican Republic 130, 131 Yogyakarta Principles 57 – 58 xenophobia 26, 27 Zakharov v Russia 119 .. .Contemporary Human Rights Challenges The Universal Declaration of Human Rights was drafted by the United Nations (UN) Commission on Human Rights in the aftermath of... www.bl.uk/collection-items/universal-declaration-of -human- rights In honour of Clemens N Nathan (1933–2015) In honour of Clemens N NathanIn honour of Clemens N Nathan Contemporary Human Rights Challenges: The Universal Declaration of Human Rights. .. adolescence, notwithstanding the existence of human rights treaty procedures, the UN Human Rights Council and the Office of UN High Commissioner for Human Rights Sixth, human beings should act towards one