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5 Major Human Rights Treaties Promulgated by the United Nations

January 25, 2019 0 Comment

2. International Convention on Elimination of All Forms of Discrimination against Women:

The UN General Assembly adopted the convention in Dec., 1979 and came into force in Dec., 1981. As the Charter proclaims Universal indiscrimination on basis of sex, caste, color, creed etc. because all the human being are born free and equal in dignity and rights.

The convention defines, “the discrimination against women” as any distinction made in the bases of sex which has effect for nullifying the exercise by women, on the bases of equality of men and women of human right and fundamental freedom.

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The state parties agree to pursue appropriate means to “eliminate all discrimination against women.” It embodies “the principle of equality of men and women in their national constitution to adopt the appropriate legislation and other measures prohibiting all the discrimination against women and to establish legal protection of right of women on equal basis with men.”

This convention embodies various national tribunals or other public institution to take appropriate measures to abolish the existing law, regulations, customs, practices which discriminate against women. Special measures were taken which aimed for accelerating de facto equality between men and women and to provide equal opportunity for development.

Special measure aimed at “protecting maternity shall not be considered discrimination and to eliminate all prejudices and practices. State parties take appropriate steps to suppress all forms of traffic in women. Equal opportunity of development, right of education must be provided. Guidance for access to studies, benefit from scholarship, opportunities to participate in sports activities.

The steps are taken for upliftment of women through education and to organize programmes for females who have left school prematurely.

Right of work is necessary right for all the human being so the Right of work should be provided to women and to eliminate discrimination in work place by ensuring women the employment opportunity, social security, protection of health and safety, equal remuneration.

The eliminate all type of discrimination on the ground of maternity or marriage, dismissal of discrimination on the bases of pregnancy, marital status and to provide social allowance, employment opportunities and special protection to work during pregnancy in type of work to be harmful to them.

In Economic world and other forms of financial credit women should be accorded equality on equal bases with men. The convention required that the state parties should take series of measures in social, economic and political realm to advancement of equal right by women in all walks of life. This convention work on eliminating discrimination of all the forms and giving women a equal status with men.

3. Convention on against Torture and other Cruel and Inhumane Treatment:

The practice of torture is prohibited in comprehensive human rights law. The universal declaration of human right provides that “no one should not be subjected to cruel, inhumane treatment, torture.” The fundamental nature of human right emphasized by the fact that in time of war, public danger, public emergency threatens the security of state party.

Article 3 in Geneva Convention of 1949 provides that “to prohibit torture or other humiliating and degrading treatment during armed conflicts not of an international character.” Under the international law, the practice of torture is prohibited but many times torture against detainers by over 14 African nation, 11 Asian nations and many of Middle East, European countries. “Torture” becomes a tool of regime seeking to govern by reign of terror.

It involves the application of sophisticated psychological and pharmacology techniques which result in pain. The torture is an act by which pain or suffering whether physical or mental, is internationally inflicted on person for the purpose of “obtaining from third person information of a profession”.

The state parties undertook to adopt effective legislative, judicial, administrative measures to prevent torture in any territory under their jurisdiction. They must ensure that all act of torture are offences under criminal law and treat torture as “extricable offence”.

Torture is prohibited in virtually every comprehensive human right instrument. The two international attempts were made to control the use of torture by government. The United Nation (draft the convention on torture) encourages the government to control the use of torture by affording the torture victims certain civil and criminal remedies.

The drafting of norms for implementation of conduct in regards of practice of torture and makes freedom from torture. The protection of human rights depends upon the domestic protection afforded to domestic legal process. The code of professional ethical conduct is based on premise that the nation state can not be relied upon individual to protect them from torture.

UN (draft convention on Torture) and through professional code of ethical conduct are designed to implemented legal system which based on law. The problem of torture can make denial of human rights and manipulation of legal and governmental process. So UN convention helps in controlling torture and other instrument.

4. International Convention on elimination of all forms of Racial Discrimination:

The Racial Discrimination convention entered into force in 1969. The fundamental nature of convention is based on the concept of equality; dignity and fundamental freedom for all, without any discrimination on the bases of caste, color, creed etc. as all human being are free, equal before law, equal protection of law and equal opportunity of development.

Article 1 commences with definition of racial discrimination as any discrimination on the bases of caste, color, sex which has nullifying effect or impairing the recognition, on equal footing of human rights. The special measures were taken to secure the adequate advancement of ethnic or racial group and to ensure adequate development for protection of certain ethnic group for full enjoyment of human rights and fundamental freedom.

The Racial Discrimination Convention condemns on not only removing all the discriminations but also taking affirmative step which include law and regulation. The state parties undertake to prohibit racial discrimination and provide social, economic and political rights which include right to work, to form and join trade union, to health, housing, education and equal access of public accommodation.

State parties undertake affirmative measures of teaching and education for combating the racial prejudice. As education is important in the creating awareness among people that there is no difference and all human being are equal.

5. International Convention on the Rights of Child:

The UN General Assembly adopted the convention on Nov., 20, 1989 and came into force in 1990. This convention assures that all the human being below the age of 18 are applicable to child and should within these jurisdiction have an extensive catalogue of civil, political and social rights without any discrimination and interest of children is primary consideration.

The convention seek that to protect the children from economic exploitation, illicit use of drug, all form of sexual exploitation and all abuses of children. The Convention proclaims international human rights treaties for protect their childhood and protect them from working in unhygienic conditions.

The Convention established committee on the rights of children. The main aim of this committee is to examine, the progress made by state parties for realization of obligation made in present convention. It helped in the implementation the entire task of the convention and to make welfare of children.

Thus UN played a commendable work in promotion and protection of human rights and adopted various conventions and commissions on human rights. All these commissions, sub-commissions deal with serious violation of rights.

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