PREAMBLE & The Civil & Political Rights (Under articles- 03 to 21) underThe Universal Declaration of Human Rights, 1948, (U.D.H.R., 1948)

 

The Preamble: - this preamble of U.D.H.R., 1948 reveals the things which are as under: - the recognition of the dignity inherently, equal & inalienable rights to human which are the foundation of freedoms, justice & peace in the world. The waged wars or barbarous acts in the history outraged the conscience of human being due to these the human rights were violated; now the mankind shall enjoy the freedom of speech, belief & freedom from the fears and the want has been proclaimed as the highest aspiration of the common people. The human rights should be protected by the Rule of Law. In this regard, it is necessary that the human must not be compelled to take recourse, as a last resort for rebellion tyranny & oppression. The development of the friendly relationship must be promoted among the nations. The Charter of U.N. has been reaffirmed here in respect of their faith in the fundamental human rights in dignity, worth of human, equal rights of men & women and the determination for the promotion of social progress & the better standard of life in larger freedom. The pledge has been taken by the members of United Nations themselves to achieve, in cooperation with the U.N. for the promotion of universal respect & observance for the human rights & fundamental freedoms. The common understanding for these rights & freedoms is of the greatest significance for the complete realization of this pledge. In the light of all heretofore mentioned the U.N. General Assembly has proclaimed the Universal declaration of Human Rights 1948 as a common standard of the achievement for all people & Nations. Every persons individually & organs of the society, keeping this U.D.H.R. continuously in mind, shall do the great efforts for teaching, education, promotion, respect for human rights & fundamental freedoms by progressive measures at the National and International levels for the security of their universal, effective recognition & observance among in U.N. members themselves & people of their country in their jurisdiction.[1]

The General Provisions (Under articles- 01 to 02):- Article 01 reveals that all the mankind is born free & equal in dignity and rights. All human should do the acts in the spirit of brotherhood with each other which endowed with reason & conscience.

The entitlement (s) of all the rights & freedoms of this declaration has been provided to everyone without any kind of discrimination as- race, language, colour, religion, sex, political or other opinion, national or social origin, property, birth or other status. In this connection, further no discrimination shall be made on the ground of political jurisdiction or international status of the country or area to which a person relates, whether it become independent believe, non-self governing or in any other limitation with regard to sovereignty.[2]

The Civil & Political Rights (Under articles- 03 to 21):- the following Civil & Political Rights under articles- 03 to 21 have been contained as-

1.     The right to life, liberty & security person is has been conferred to everyone.[3]

2.     The right relating to the protection from slavery or servitude. And the trade of slave shall be prohibited in their all forms.[4]

3.     The right regarding the protection from torture, cruelty, inhumanity or degrading treatment or punishment.[5]

4.     Every person is having right to recognition, everywhere, as a person before the law.[6]

5.     Right to equality, the entitlement in respect of the equal protection of the law, equal protection against any distinction in the violation of any rights and any incitement to such discrimination (s).[7]

6.     The right to effective remedy by the competent Tribunal (s) of the country for the protection of fundamental rights under the constitution or any law.[8]

7.     The right regarding the protection from arbitrary, arrest, detention or exile.[9]

8.     The right of full equality to a fair & public hearing by the independent & impartial tribunal for the adjudication of the rights, obligations & any criminal charge against the person.[10]

9.     The right of presumption to be an innocent until proved guilty with respect to the charge of a penal offence according to law in a public trial in which he shall have all the necessary guarantees for his defence.[11]

10.                         No person shall be held guilty in any penal offence by reason of any act or omission which did not make out a penal offence in national or international law (s), at the time when the offence was caused. The heavier penalty shall not be imposed than the one that was enforceable at the time of the commission of the offence.[12]

11.                        The right to privacy and the protection of law against the arbitrary interferences or attacks.[13]

12.                         The right to freedom of movement & residence with in the territory of each state.[14]

13.                        The right to leave any Nation, including one’s own, & to return to one’s Nation.[15]

14.                        The right to seek & enjoy the asylum in other nations from persecution.[16]

15.                        The right relating to the protection from the invocation of the right (s) in the case of prosecution (s) genuinely arising from non-political crimes or from the acts which contrary to the objectives & principles of the U.N.[17]

16.                         The right to nationality[18] and the protection from arbitrary deprivation of one’s nationality & the denial from the right to change the nationality.[19]

17.                        The right to solemnize marriage, found to a family. The men and women shall have the equal rights in respect of marriage, during marriage and its dissolution.[20] The marriage shall be solemnized with the free & full consent of the spouses concerned.[21] The right of family protection by the Society & state.[22]

18.                         The right to property.[23] The protection from the arbitrary deprivation of one’s property.[24]

19.                         The right to freedom of thoughts, conscience & religion, with the inclusion of freedom to change the religion or belief and right to manifest the religion or belief in teaching, practice, worship & observance.[25]

20.                         The right to freedom of opinion & expression with the inclusion of freedom to hold opinion (s) without interference(s) and right to seek, obtain and furnish information & ideas by any Media & without limitations.[26]

21.                        The right to freedom of peaceful assembly & association.[27] The right to protection from the compulsion to belong to an association.[28]

22.                         The right of participation in the Government of the nation directly or by freely elected representatives.[29] The right of equal accessibility in Public Services of the nation.[30] The rights of people relating to elections, suffrage, secret vote or equal free voting processes.[31]

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[1]The Preamble of the Universal Declaration of Human Rights, 1948.

[2]Article 02 of Ibid

[3]Article 03 of Ibid

[4]Article 04 of Ibid

[5]Article 05 of Ibid

[6]Article 06 of Ibid

[7]Article 07 of Ibid

[8]Article 08 of Ibid

[9]Article 09 of Ibid

[10]Article 10 of Ibid

[11]Article 11 (1) of Ibid

[12]Article 11 (2) of Ibid

[13]Article 12 of Ibid

[14]Article 13 (1) of Ibid

[15]Article 13 (2) of Ibid

[16]Article 14 (1) of Ibid

[17]Article 14 (2) of Ibid

[18]Article 15 (1) of Ibid

[19]Article 15 (2) of Ibid

[20]Article 16 (1) of Ibid

[21]Article 16 (2) of Ibid

[22]Article 16 (3) of Ibid

[23]Article 17 (1) of Ibid

[24]Article 17 (2) of Ibid

[25]Article 18 of Ibid

[26]Article 19 of Ibid

[27]Article 20 (1) of Ibid

[28]Article 20 (2) of Ibid

[29]Article 21 (1) of Ibid

[30]Article 21 (2) of Ibid

[31]Article 21 (3) of Ibid