| Basic vocabulary
"The genuine source of law is duty. If we were all to fulfil our duties, the respect of our rights would easily be obtained. If, however, neglecting our duties, we claim our rights, they will elude us." GANDHI
"As each right comes with a corresponding duty and a means of resisting attacks against this right, it is enough to find out what our duties are and what means are at our disposition to ensure fundamental elementary equality." GANDHI
The Bill on Human Rights : Comprises the Universal Declaration of Human Rights, the International Covenant on Economic, Social and Cultural Rights and the International Covenant on Civil and Political Rights.
Convention : Agreement concluded between states; synonym of treaty. It is legally binding for the states that ratify it.
Covenant : Synonym of treaty, convention; agreement between States.
Court : Tribunal, permanent jurisdictional authority.
Declaration : Document whose signatories (the legitimate representatives of governments) express their agreement with given aims, objectives and principles. A declaration's content constitutes a moral obligation but is not, stricto sensu, legally binding.
Democracy : A form of government based on the respect of all human beings, which encourages dialogue and requires participation of the people at all levels of civil society. A political system which is characterised, inter alia, by the independence of the executive body, the legislative body and the judiciary body, as well as free elections. It should be noted that many other civil rights, such as the freedoms of association, assembly, and press are indispensable to the realisation of democratic political rights.
Dignity : Human dignity implies the capacity of making one's own deliberate choices and consequently being acknowledged as a free subject. Dignity is said to be inherent. It reflects the integrity of the person and is stated as being the source from which all human rights derive.
Ethics : Science of the principles governing human action and judgement, which is based on duty and aimed at the good.
Human right: An inalienable right inherent to all men and women due to the mere fact that they are human beings.
I nternational custom : Non-written law considered as binding because of its long use and practice, source of international formal law.
I nternational instrument : Generic term designating international declarations and conventions.
Law : 1) The body of obligatory rules that determine social relations. Subdivided into natural law and positive law.
2) To have a right/rights: something that is due in accordance with positive law (e.g. the right to private property) or with natural law (e.g. the right to life).
3) A rule of conduct or action prescribed or formally recognised as binding or enforced by a controlling authority.
A Person before the law : A person is considered to be both conscious and free and consequently is entitled to rights and subject to the law.
Protocol : Agreement which completes an international treaty, convention, and which has the same legal force as the initial document.
Public freedom : Freedoms which are guaranteed and protected by the state.
Ratification : Approval of a treaty, convention or other document by competent bodies, thereby securing a State's commitment to it.
Recommendation : International text issued by a UN organ to a state or other UN organ which, in theory, does not constitute an obligation.
Reserve : Unilateral declaration by a State which does not intend to comply to all the articles or sections of an international treaty or convention. It appears at the end of these instruments.
Resolution : Text adopted by a deliberative body of an international organisation (for example, by the United Nations General Assembly or the General Conference of UNESCO).
Rule of law : The requirement that the state provides legal guarantees for rights which uphold the dignity of the individual, and that it abides by the rules set forth in its constitution.
Special Rapporteur : Independent expert designated to examine and report on human rights violations in a given country or in relation to a specific issue (thematic report).
State : Political, judicial and administrative organisation acting as leading organ of a given society. Nation or group of nations organised in a government and subject to common legislation.
Treaty : Agreement or convention signed by two (bilateral) or more (multilateral) governments.
Trial procedure : Procedure which implies the examination of a cause before a competent tribunal. In international human rights law, a trial must be fair (provide the accused with appropriate due process of the law) and public (not secret or private).
Universality : Human Rights are said to be universal, meaning that they are the rights of every human being, of all peoples, everywhere. They are our common heritage. Each culture contributes its riches not to promote relativism but to foster a deeper understanding of humanity.
Sources : Petit Robert / Vocabulaire philosophique, A. Cuvillier / Manuel pour l'éducation aux droits de l'homme, UNESCO / Activités de l'ONU, dans le domaine des droits de l'homme, Nations unies / Dictionary of international human rights law, John S. Gibson / P. Meyer-Bisch, Manuel pour l'éducation aux droits de l'homme (pro-manuscripto). |