Thursday, October 20, 2011

International law protects the dignity of every human being

The following is taken from the footnotes of the recently-introduced San Jose Articles. To learn more, go here.

The preamble of the Universal Declaration of Human Rights (UDHR) states: "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," and UDHR Article 3 states, "Everyone has the right to life, liberty and security of person."

The International Covenant on Civil and Political Rights (ICCPR) Article 6 states: "Every human being has the inherent right to life. This right shall be protected by law. No one shall be arbitrarily deprived of his life." The preamble to the ICPPR likewise states: "In accordance with the principles proclaimed in the Charter of the United Nations, 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[.]" The ICCPR preamble also recognizes that "these rights derive from the inherent dignity of the human person." The ICCPR also implicitly recognizes the human rights of unborn children by providing in Article 6 that capital punishment "shall not be carried out on pregnant women."

The Declaration of the Rights of the Child and the preamble to the Convention on the Rights of the Child both state that "the child, by reason of his physical and mental immaturity, needs special safeguards and care, including appropriate legal protection, before as well as after birth."

Likewise, the American Convention on Human Rights stipulates in Article 4.1: "Every person has the right to have his life respected. This right shall be protected by law and, in general, from the moment of conception. No one shall be arbitrarily deprived of his life."

See also the preamble to the International Covenant on Economic, Social, and Cultural Rights which states: "[R]ecognition 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[.]"