Wednesday, 9 September 2020

The Universal Declaration of Human Rights 1948, (U.D.H.R., 1948) and International Covenant on Economic, Social and Cultural Rights, 1966, (I.C.E.S.C.R., 1966)

 

The Universal Declaration of Human Rights 1948, (U.D.H.R., 1948) and International Covenant on Economic, Social and Cultural Rights, 1966, (I.C.E.S.C.R., 1966):-

The Economic, Social and Cultural Rights:-

Sr. No.

The Universal Declaration of Human Rights, 1948, (U.D.H.R., 1948)

The Economic, Social and Cultural Rights under International covenant on Economic Social and Cultural Rights, 1966:- (I.C.E.S.C.R., 1966)

1.

The right to self-determination is not found in the U.D.H.R., 1948 but the same substantially is in existence in the declaration.

The right to self-determination

(Article (s) –01)

2.

The right to work (Under Article- 23)

(Article (s) –06)

3.

The rights with respect to the just & favourable conditions of work [Under Article-23 (1)]

(Article (s) –07)

4.

 

The right of forming & joining the Trade unions [Under article-23 (4)]

(Article (s) –08)

5.

The right of social security (Under article-22)

(Article (s) –09)

6.

The right of protection & assistance of a family [Under article 16 (3)]

(Article (s) –10)

7.

The right of a standard of living adequate for himself & the family (Under article-25)

(Article (s) –11)

8.

The rights regarding mental & physical health

[Under article-25 (1)]

[Article (s) –12 (1)]

9.

The right to education (Under article-26)

(Article (s) –13)

10.

The rights regarding cultural life (Under article-27)

(Article (s) –15)

11.

The rights regarding equal pay for equal work (Under article-23)

(Article (s) –07)

12.

The right of rest & leisure & with inclusion of reasonable time limitation for working hours, periodic holiday (s) with payment (Under article-24)

[Article (s) –07 (d)]

          On the perusal of the entire aforesaid comparative appraisal, it comes to the view (s) or finding (s) that the U.D.H.R., 1948 & both the international covenants namely I.C.C.P.R., 1966, I.C.E.S.C.R., 1966 are having the deepest relations & interrelationships which are based on the mutual concept of each other.  The U.D.H.R., 1948 is one of the major reaffirmations, promotions of human rights & fundamental freedoms as contained in the charter of United Nations. The U.D.H.R., 1948 is the extension or specification of the human rights & fundamental freedoms and both the covenants as placed hereinbefore are the also the expansions, clarifications, comprehensions, specifications & considerations, recognitions, realizations & agreements specially of the U.D.H.R., 1948 & the U.N. Charter with special reference to the human rights & fundamental freedoms with the legal or lawful obligation (s) of the member states for the enforcement of the above said rights and freedoms. Apart from all these, some rights & freedoms have not been placed in the covenants in according to the declaration with the evident expression (s). On the other side, some rights & freedoms have been contained in the aforesaid covenants but in that respect, the declaration has been become salient. In respect of this, both the heretofore mentioned covenants have not been found absolutely in accordance with the conformity of the incorporated rights & freedoms of the U.D.H.R., 1948 as required as per time, circumstances necessities and other connected things for the largest welfare & interest of the world human, living creatures & the creation.

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