Chapter5 Universal Declaration of Human Rights

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ABAARSO TECH UNIVERSITY

Faculty of Law
Course : Human rights law
Semester: 1st Semester
Academic Year: 2024 – 2025
Lecturer : Hassan A. Dhidar
CHAPTER FIVE: UNIVERSAL
DECLARATION OF HUMAN RIGHTS and
SOMALILAND CONSTITIONAL ARTICLES
For HUMAN RIGHTS
Objectives of the chapter
After finishing this chapter you will be able to
1. Explain the charter and the declaration through the
principles of international law
2. Classify the 30 article of universal declaration of
human rights.
3. To mention articles of human rights in Somaliland
constitution.
UNIVERSAL DECLARATION
OF HUMAN RIGHTS
10 DECEMBER 1948
Article 1: FREE AND EQUAL DIGNITY

• 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 2: PROHIBITION OF DISCRIMINATION

• 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 3: Right to life
• Everyone has the right to life, liberty and
security of person.
Article 4: prohibition of slavery
• No one shall be held in slavery or servitude;
slavery and the slave trade shall be prohibited
in all their forms.
Article 5:prohibition of torture

• No one shall be subjected to torture or to cruel,


inhuman or degrading treatment or
punishment.
Article 6: right of recognition of the
person
• Everyone has the right to recognition
everywhere as a person before the law.
Article 7:equality before the law
• 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 8 : rights to an effective
remedy
• 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.
Article 9: prohibition of arbitrary
arrest
• No one shall be subjected to arbitrary arrest,
detention or exile.
Article 10:right to an fair trial
• 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: presumption of innocent
• (1) 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.
• (2) 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: right to privacy
• 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: freedom of movement,
exit and re.entry
• (1) Everyone has the right to freedom of
movement and residence within the borders of
each state.
• (2) Everyone has the right to leave any
country, including his own, and to return to his
country.
Article 14: right to asylum
• (1) Everyone has the right to seek and to enjoy
in other countries asylum from persecution.
• (2) 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 right to nationality
• (1) Everyone has the right to a nationality.
• (2) No one shall be arbitrarily deprived of his
nationality nor denied the right to change his
nationality.
Article 16:rights to marry and family
life
• (1) 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.
• (2) Marriage shall be entered into only with the free
and full consent of the intending spouses.
• (3) The family is the natural and fundamental group
unit of society and is entitled to protection by society
and the State.
Article 17: rights of property
• (1) Everyone has the right to own property
alone as well as in association with others.
• (2) No one shall be arbitrarily deprived of his
property.
Article 18: freedom of thought,
conscience and religion
• 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: freedom of opinion and
expression
• 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: freedom of assembly and
association
• (1) Everyone has the right to freedom of
peaceful assembly and association.
• (2) No one may be compelled to belong to an
association.
Article 21: participation in
government
• (1) Everyone has the right to take part in the
government of his country, directly or through freely
chosen representatives.
• (2) Everyone has the right of equal access to public
service in his country.
• (3) 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.
Article 22: economic, social and
cultural rights
• 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: right to work
• (1) Everyone has the right to work, to free choice of
employment, to just and favourable conditions of
work and to protection against unemployment.
• (2) Everyone, without any discrimination, has the
right to equal pay for equal work.
• (3) 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.
• (4) Everyone has the right to form and to join trade
unions for the protection of his interests.
Article 24:right to rest and leisure

• Everyone has the right to rest and leisure,


including reasonable limitation of working
hours and periodic holidays with pay.
Article 25: right to an adequate
standard of living and health
• (1) 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.
• (2) 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: right to education
• (1) 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.
• (2) 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
all nations, racial or religious groups, and shall further
the activities of the United Nations for the maintenance
of peace.
• (3) Parents have a prior right to choose the kind of
education that shall be given to their children.
Article 27: rights to culture

• (1) 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.
• (2) 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: social and international
order
• 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: duties and limitation
• (1) Everyone has duties to the community in which alone
the free and full development of his personality is
possible.
• (2) 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.
• (3) These rights and freedoms may in no case be
exercised contrary to the purposes and principles of the
United Nations.
Article 30: no abuse of right
• 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.
Somaliland articles of human rights

Human rights in Somaliland are protected by


Chapter one, Part three of the Constitution of
Somaliland.
As of 2009, Freedom House names the following
human rights problems in Somaliland: corruption,
interference and harassment of journalists, banning
non-Islamic proselytizing, banning public
demonstrations, lack of due process and prolonged
detention before trial, weak judiciary and female
genital mutilation.
Part Three: The Rights of the Individual, Fundamental Freedoms and
the Duties of the Citizen

• Article 21: Implementation and Interpretation


• Article 22: Political, Economic, Social and electoral Rights
• Article 23: Freedom of Movement and Association
• Article 24: The Right to Life, Security of the Person,
Respect for Reputations, and Crimes against Human
Rights
• Article 25: The Right to Liberty, Guarantees and the
Conditions of Rights and Freedoms
• Article 26: Crime and Punishment
• Article 27: The Rights of Persons Deprived of theirLiberty
• Article 28: The Right to Sue and Defend
• Article 29: The Sanctity of the Home
• Article 30: Freedom of Communication
Continue….
Article 31: The Right to Own Private Property
Article 32: Freedom of Public Demonstration and
Expression of Opinion, Freedom of the Press and
other Media
Article 33: Freedom of Belief
Article 34: The Duties of the Citizen and
Punishment for Failure to fulfil them
Article 35: Extradition of Accused or Convicted
Persons and Political Asylum
Article 36: The Rights of Women

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