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Signed | April 1948 |
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Location | Bogotá, Colombia |
Effective | 2 May 1948 |
Full text | |
American Declaration of the Rights and Duties of Man at Wikisource |
The American Declaration of the Rights and Duties of Man, also known as the Bogota Declaration, [1] was the world's first international human rights instrument of a general nature, predating the Universal Declaration of Human Rights by less than a year. [2]
The Declaration was adopted by the nations of the Americas at the Ninth International Conference of American States in Bogotá, Colombia, on 2 May 1948. [3] [4] The conference and declaration was led and designed chiefly by United States public servants. [5] [6] The same conference adopted the Charter of the Organization of American States and thereby created the OAS. [7]
All men are born free and equal, in dignity and in rights, and, being endowed by nature with reason and conscience, they should conduct themselves as brothers one to another.
— Preamble, American Declaration of the Rights and Duties of Man
Chapter One of the Declaration sets forth a catalogue of civil and political rights to be enjoyed by the citizens of the signatory nations, together with additional economic, social, and cultural rights due to them. As a corollary, its second chapter contains a list of corresponding duties. As explained in the preamble:
Although strictly speaking a declaration is not a legally binding treaty, the jurisprudence of both the Inter-American Court of Human Rights and the Inter-American Commission on Human Rights holds it to be a source of binding international obligations for the OAS's member states. [8] While largely superseded in the current practice of the inter-American human rights system by the more elaborate provisions of the American Convention on Human Rights (in force since 18 July 1978), the terms of the Declaration are still enforced with respect to those states that have not ratified the convention, such as Cuba, the United States, and Canada. [9]
Human rights are moral principles or norms that establish standards of human behaviour and are regularly protected as substantive rights in municipal and international law. They are commonly understood as inalienable, fundamental rights "to which a person is inherently entitled simply because he or she is a human being" and which are "inherent in all human beings", regardless of age, ethnic origin, location, language, religion, ethnicity, or any other status. They are applicable everywhere and at all times in the sense of being universal, and they are egalitarian in the sense of being the same for everyone. They are regarded as requiring empathy and the rule of law, and imposing an obligation on individuals to respect the human rights of others; it is generally considered that they should not be taken away except as a result of due process based on specific circumstances.
International human rights instruments are the treaties and other international texts that serve as legal sources for international human rights law and the protection of human rights in general. There are many varying types, but most can be classified into two broad categories: declarations, adopted by bodies such as the United Nations General Assembly, which are by nature declaratory, so not legally-binding although they may be politically authoritative and very well-respected soft law;, and often express guiding principles; and conventions that are multi-party treaties that are designed to become legally binding, usually include prescriptive and very specific language, and usually are concluded by a long procedure that frequently requires ratification by each states' legislature. Lesser known are some "recommendations" which are similar to conventions in being multilaterally agreed, yet cannot be ratified, and serve to set common standards. There may also be administrative guidelines that are agreed multilaterally by states, as well as the statutes of tribunals or other institutions. A specific prescription or principle from any of these various international instruments can, over time, attain the status of customary international law whether it is specifically accepted by a state or not, just because it is well-recognized and followed over a sufficiently long time.
The Organization of American States is an international organization founded on 30 April 1948 to promote cooperation among its member states within the Americas.
The Universal Declaration of Human Rights (UDHR) is an international document adopted by the United Nations General Assembly that enshrines the rights and freedoms of all human beings. Drafted by a UN committee chaired by Eleanor Roosevelt, it was accepted by the General Assembly as Resolution 217 during its third session on 10 December 1948 at the Palais de Chaillot in Paris, France. Of the 58 members of the United Nations at the time, 48 voted in favour, none against, eight abstained, and two did not vote.
The Charter of the United Nations (UN) is the foundational treaty of the United Nations. It establishes the purposes, governing structure, and overall framework of the UN system, including its six principal organs: the Secretariat, the General Assembly, the Security Council, the Economic and Social Council, the International Court of Justice, and the Trusteeship Council.
International human rights law (IHRL) is the body of international law designed to promote human rights on social, regional, and domestic levels. As a form of international law, international human rights law is primarily made up of treaties, agreements between sovereign states intended to have binding legal effect between the parties that have agreed to them; and customary international law. Other international human rights instruments, while not legally binding, contribute to the implementation, understanding and development of international human rights law and have been recognized as a source of political obligation.
The Inter-American Commission on Human Rights is an autonomous organ of the Organization of American States (OAS).
The American Convention on Human Rights (ACHR), also known as the Pact of San José or by its Spanish name used in most of the signatory nations, Convención Americana sobre Derechos Humanos, is an international human rights instrument. It was adopted by many countries in the Western Hemisphere in San José, Costa Rica, on 22 November 1969. It came into force after the eleventh instrument of ratification was deposited on 18 July 1978.
The Constitution of the Argentine Nation is the basic governing document of Argentina, and the primary source of existing law in Argentina. Its first version was written in 1853 by a constitutional assembly which gathered in Santa Fe; the doctrinal basis was taken in part from the United States Constitution. It was then reformed in 1860, 1866, 1898, 1949, 1957, and the current version is the reformed text of 1994. It's the seventh oldest national constitution currently in effect being ratified on May 1, 1853.
The Inter-American Convention to Prevent and Punish Torture (IACPPT) is an international human rights instrument, created in 1985 within the Western Hemisphere Organization of American States and intended to prevent torture and other similar activities.
The International Convention for the Protection of All Persons from Enforced Disappearance (ICPPED) is an international human rights instrument of the United Nations intended to prevent forced disappearance, which, as defined in international law, is part of crimes against humanity. The text was adopted by the United Nations General Assembly on 20 December 2006 and opened for signature on 6 February 2007. It entered into force on 23 December 2010. As of August 2024, 98 states have signed the convention and 76 have ratified or acceded to it.
The Constitution of Benin was adopted by referendum on 23 December 1956. The constitution is made up of a preamble, twelve titles, and 160 articles.
While belief in the sanctity of human life has ancient precedents in many religions of the world, the foundations of modern human rights began during the era of renaissance humanism in the early modern period. The European wars of religion and the civil wars of seventeenth-century Kingdom of England gave rise to the philosophy of liberalism and belief in natural rights became a central concern of European intellectual culture during the eighteenth-century Age of Enlightenment. Ideas of natural rights, which had a basis in natural law, lay at the core of the American and French Revolutions which occurred toward the end of that century, but the idea of human rights came about later. Democratic evolution through the nineteenth century paved the way for the advent of universal suffrage in the twentieth century. Two world wars led to the creation of the Universal Declaration of Human Rights.
The Convention on the Rights of Persons with Disabilities is an international human rights treaty of the United Nations intended to protect the rights and dignity of persons with disabilities. Parties to the convention are required to promote, protect, and ensure the full enjoyment of human rights by persons with disabilities and ensure that persons with disabilities enjoy full equality under the law. The Convention serves as a major catalyst in the global disability rights movement enabling a shift from viewing persons with disabilities as objects of charity, medical treatment and social protection towards viewing them as full and equal members of society, with human rights. The convention was the first U.N. human rights treaty of the twenty-first century.
The Declaration on the Elimination of All Forms of Racial Discrimination is a human rights proclamation issued by the United Nations General Assembly, outlining that body's views on racism. It was adopted by the General Assembly on 20 November 1963. The Declaration was an important precursor to the legally binding Convention on the Elimination of All Forms of Racial Discrimination.
The Declaration of Human Duties and Responsibilities (DHDR) was written for reinforcing the implementation of human rights under the auspices of the UNESCO and the interest of the Office of the United Nations High Commissioner for Human Rights and was proclaimed in 1998 "to commemorate the 50th anniversary of the Universal Declaration of Human Rights (UDHR)" in the city of Valencia. Therefore, it is also known as the Valencia Declaration.
The Declaration on the Elimination of Violence Against Women was adopted without a vote by the United Nations General Assembly in the 48/104 resolution of 20 December 1993. Contained within it is the recognition of "the urgent need for the universal application to women of the rights and principles with regard to equality, security, liberty, integrity and dignity of all human beings". It recalls and embodies the same rights and principles as those enshrined in such instruments as the Universal Declaration of Human Rights, and Articles 1 and 2 provide the most widely used definition of violence against women.
The Inter-American Commission of Women, abbreviated CIM, is an organization that falls within the Organization of American States. It was established in 1928 by the Sixth Pan-American Conference and is composed of one female representative from each Republic in the Union. In 1938, the CIM was made a permanent organization, with the goal of studying and addressing women's issues in the Americas.
Costa Rica is often considered one of the best countries in Latin America at upholding Human Rights. It has been involved in the creation of international rights standards. Costa Rica is signatory to, and has ratified, many international treaties regarding rights, including the 1948 United Nations Declaration on Human Rights (UNDHR). Costa Rica scored above the world mean for human rights, achieving top global rankings. Its poverty levels sit at 18.6%, one of the lowest in the Latin American regions. Human rights in Costa Rica predominantly stem from the UNDHR, the Costa Rican Constitution and the Inter-American Human Rights System.
The Inter-American Convention on the Prevention, Punishment, and Eradication of Violence against Women, better known as the Belém do Pará Convention, is an international human rights instrument adopted by the Inter-American Commission of Women (CIM) of the Organization of American States (OAS) at a conference held in Belém do Pará, Brazil, on 9 June 1994. It is the first legally binding international treaty that criminalises all forms of violence against women, especially sexual violence. On 26 October 2004, the Follow-Up Mechanism (MESECVI) agency was established to ensure the State parties' compliance with the Convention.