100 and 1 terms for Human Rights Education

2. Admissibility

An international body entrusted with the examination of complaints alleging violations of human rights will have to first decide on its admissibility before deciding on the merits of the case, i.e., does it meet the conditions for examination.
Such conditions normally require that the complaint is signed by the victim or his/her representative, is not couched in abusive language and concerns an alleged violation of a human right that falls within the competence of the examining body. Most often, all local solutions need to have been tried first before the international body will declare itself competent to look into the complaint. For each case, it is necessary to look at the relevant Convention itself and the practices of the body charged with its implementation.

*See : Competence.

3. African Charter on Human and Peoples’ Rights

This treaty was adopted in Nairobi (Kenya), on 27 June 1981, within the context of the Organization of African Unity. The Charter is based on the Universal Declaration of Human Rights. In its preamble, the Charter affirms the need to take into account “the virtues of the historical tradition and values of African civilization” in the creation of human rights. The Charter then enumerates the rights and obligations of each individual. It addresses civil and political rights (Articles 3 to 13) ; economic, social and cultural rights, including the right to education (Articles 14 to 18) ; and collective rights under the heading of peoples’ rights (Articles 19 to 24). The Second Part is devoted to the establishment and functioning of the African Commission on Human and Peoples’ Rights which is entrusted with monitoring the implementation of the Charter.

*See : African Commission on Human and Peoples’ Rights, African Court of Human and Peoples’ Rights, Civil and Political Rights, Economic, Social and Cultural Rights, Peoples’ Rights.

The Commission was created by the African Charter on Human and Peoples’ Rights (Articles 30 to 61). It is composed of 11 members who are elected by States Parties to the Charter. Amongst other responsibilities, the Commission is mandated “to promote human and peoples’ rights and ensure their protection in Africa”. In discharging its obligations, the Commission depends on communications from States Parties and communications “other than those of States Parties”. The authors of the African Charter did not stipulate the obligation of States Parties to submit periodic reports.

1) Communications from States
Communications are possible when a State Party to the Charter “has good reasons to believe that another State Party to this Charter has violated the provisions of the Charter”. This leaves the State Party with two choices : It may contact the concerned State Party and negotiate an end to the violations. In case of disagreement, any of the States Parties may address the matter to the Commission. The other option is that a State Party may directly address the Commission. After ensuring that all local solutions have been exhausted, the Commission uses appropriate means to reach an amicable solution to the matter. In case no amicable solution is reached, the Commission prepares a report, which is sent to the Assembly of Heads of State and Governments of the Organization of African Unity accompanied by recommendations.

2) Other Communications
Without defining which other entities can address the Commission, the African Charter on Human and Peoples’ Rights refers to “communications other than those of States Parties”. From this it is possible to infer that individuals and/or non-governmental organizations may submit such communications. Certain conditions were laid down to determine whether the Commission admits such communications or not. After being transmitted to the State Party concerned, they are examined under a confidential procedure that tries to establish if there has been a violation of the Charter’s provisions. These allegations are then transmitted to the State Party concerned and to the Assembly of Heads of State and Government of the Organization of African Unity.

*See : African Charter on Human and Peoples’ Rights, African Court of Human and Peoples’ Rights, Appeal, Submission, Regional System.

5. African Court of Human and Peoples’ Rights

The Protocol relating to the African Charter on Human and Peoples’ Rights was signed in Ouagadougou (Burkina Faso) on 9 June 1998 and provides for the creation of the African Court of Human and Peoples’ Rights. The Protocol enters into force after its ratification by 15 States. The Court, composed of judges elected by the Assembly of Heads of State and Government of the OAU, can be referred to by :
• The African Commission on Human and Peoples’ Rights,
• The State that has submitted a complaint to the Commission,
• The State against which a complaint was submitted,
• The State whose nationality the alleged victim holds, and
• African inter-governmental organizations.

These submissions are possible upon ratification of the Protocol. However, petitions by individuals and non-governmental organizations are subject to more restricted conditions. For such complaints to be introduced before the Court, the State concerned must, in addition to the ratification of the Protocol, have made a declaration accepting the competence of the Court to treat such complaints. Furthermore, complaints can only be introduced by non-governmental organizations that have observer status with the Commission. Note that in this case the Court cannot issue verdicts, but instead it sends all appeals submitted by NGOs to the Commission.
The Court rules on the alleged violations and can order that appropriate measures be taken. The Council of Ministers of the Organization of African Unity is the body that supervises execution of rulings.

*See : African Charter on Human and Peoples’ Rights, African Commission on Human and Peoples’ Rights, Competence, Jurisdiction, Jurisprudence, Protocol, Request, Submission.

6. American Convention on Human Rights

Adopted at San José de Costa Rica on 22 November 1969, its preamble refers to the Universal Declaration of Human Rights and other international instruments. The First Part of the Convention is devoted to States’ obligations and to the rights to be protected, including civil and political rights. Regarding economic, social and cultural rights, States Parties undertake to ensure “full implementation progressively”, taking into account available resources. The Second Part is devoted to the Inter-American Commission on Human Rights and the Inter-American Court of Human Rights. The Convention was followed by two Additional Protocols : the first was adopted at San Salvador (Salvador) on 17 November 1988 and addresses economic, social and cultural rights. It describes the right to education in the same terms as the International Covenant on Economic, Social and Cultural Rights. The Second Protocol, to abolish the death penalty, was adopted in Santiago de Chile on 8 June 1990.

*See : Civil and Political Rights, Economic, Social and Cultural Rights, Inter-American Commission on Human Rights, Inter-American Court of Human Rights, Jurisdiction, Organization of American States.

8. Basic Rights

Some human rights can be limited ; others cannot be changed under any circumstances and are called inviolable or basic rights. These are explicitly mentioned in a number of human rights treaties. The list of these rights differs from one treaty to the other. For example, the list of basic rights that was elaborated by the International Covenant on Civil and Political Rights is as follows :
• The right to life ;
• The right not to be subjected to torture or inhuman or degrading treatment ;
• Prohibition of slavery or servitude ;
• Prohibition to try or punish someone for an offence for which he has already been convicted or acquitted ;
• The right to be recognized as person before the law ;
• The right to freedom of thought, conscience and religion ;
• Prohibition of imprisonment for the inability to fulfill a contractual obligation.
The lists of basic rights set out in the European and Inter-American Conventions are slightly different. The three treaties agree on four basic rights : the first four rights in the list above. They are considered to be the fundamental core of human rights.

*See : Derogation, Civil and Political Rights, Fundamental Freedoms, Limitation, Restrictions.

10. Child

The United Nations General Assembly adopted the Convention on the Rights of the Child on 20 November 1989. Since then, the Convention has been ratified by almost all countries of the world. The Committee on the Rights of the Child is entrusted with monitoring the implementation of the Convention through the examination of periodic reports submitted to it by States.
By child, the Convention means “every human being below the age of 18 years”, unless majority is reached earlier under national legislation. The Convention details the rights to which children are entitled, which include the basic rights as recognized by the Universal Declaration of Human Rights, the International Covenant on Economic, Social and Cultural Rights and the International Covenant on Civil and Political Rights, adapted to childhood. In addition, there are certain rights exclusively meant for the child.
The Convention on the Rights of the Child provides for the right to education in Articles 28 and 29, which deal respectively with access to education and the content of education. It uses the same terms as the International Covenant on Economic, Social and Cultural Rights. The first General Comment adopted by the Committee on the Rights of the Child in 2001, concerns the right to education : General Comment n° 1 (2001), Article 29, para.1 : The Aims of Education, 17 April 2001, CRC/GC/2001/1.

*See : Committee on the Rights of the Child, Committee on Economic, Social and Cultural Rights, Civil and Political Rights, Economic, Social and Cultural Rights, Education Content and Objectives, Education (Primary Education), Education (Technical and Vocational), Freedom of Education, General Comment, Human Rights Committee, Human Rights Education, Right to Education, UNICEF.

11. Civil and Political Rights

Civil and political rights are not only rights, but also frequently are individual freedoms that States undertake to respect. The most simple definition of these rights are those set forth in the International Covenant on Civil and Political Rights, adopted by the United Nations General Assembly on 16 December 1966.
They include the prohibition of torture and other cruel, inhuman or degrading treatment or punishment, slavery and forced labor, imprisonment for the inability to fulfill a contractual obligation, interference with privacy, family, home or correspondence, or attacks on honor and reputation.
Furthermore, they include certain rights and freedoms : the right to liberty and security of person, the right to the respect of human dignity, the right to fair trial, the right to be presumed innocent, the right of every person to be recognized in court, the right to nationality, the right to marry, the right to participate in public life, the right to elect and be elected, the right to freedom of movement, freedom of thought, conscience and religion, freedom of opinion, assembly and association.
Civil and political rights are generally covered in the regional instruments of Africa, the Americas and Europe.

*See : African Charter on Human and Peoples’ Right, American Convention on Human Rights, Basic Rights, Equality, European Convention on Human Rights, Fundamental Freedoms, Human Rights, Human Rights Committee, Non-discrimination, Universal, Universal Declaration of Human Rights.

12. Commission on Human Rights

Created by the United Nations Economic and Social Council in 1946, the Commission was mandated to promote and protect human rights. An inter-governmental body, it is composed of 53 Member States elected by the United Nations Economic and Social Council. It holds its annual session in Geneva (Switzerland). Participation at the Commission is open to all States, specialized agencies and non-governmental organizations with consultative status to the Economic and Social Council. The Commission is competent to address the situation of human rights everywhere in the world including States that have not ratified human rights treaties, since all States that subscribe to the Charter of the United Nations are obliged to respect human rights.
Originally, the Commission was established to create legal texts
concerning human rights. It was the body that prepared the Universal Declaration of Human Rights, the International Covenant on Economic, Social and Cultural Rights and the International Covenant on Civil and Political Rights. The Economic and Social Council further enlarged its competence in 1967 and 1970 when it assigned the Commission an observation and monitoring role. Procedure 1235 (named after the Economic and Social Council’s Resolution number) allows the Commission to examine any situation of flagrant, massive and systematic violation of human rights. This is a public procedure and may result in condemnation of the concerned State. Furthermore, Procedure 1503 authorizes the Commission to examine all communications that allege flagrant and systematic violation of human rights. The latter procedure is confidential. Communications from non-governmental organizations are first examined by the Sub-Commission on the Promotion and Protection of Human Rights.
The Commission may also establish specific protection procedures, such as a Special Rapporteur or a Working-Group to examine a country-specific situation or a particular right (the right to education, freedom of expression).

*See : Economic and Social Council, Special Rapporteur, Sub-commission on the Promotion and Protection of Human Rights, Submission, United Nations Charter.

13. Committee of Experts on the Application of Conventions and Recommendations of the International Labor Organization

This body was established by the International Labor Organization in order to follow-up States’ undertakings to implement various obligations. The Committee is composed of independent experts nominated in their personal capacity by the Governing Body upon recommendation of the Director General. The function of this Committee is to examine periodic reports from States on their measures to implement the Conventions that they have ratified, as well as their reports on other ILO Conventions and Recommendations that they did not ratify but which they have submitted to their national governments. If the Committee concludes that a State has not appropriately carried out its obligations, it may ask that State to take the necessary measures.
The Committee on the Application of Conventions and Recommendations of the International Labor Conference examines the reports by States and those of the Committee. The Conference is a tripartite body, i.e., it is composed of representatives of governments, employers and workers. Based on the Committee’s report, the Conference may ask the States concerned for explanations. The report is adopted by the International Labor Conference.

*See : International Labor Organization, Report.

The International Covenant on Economic, Social and Cultural Rights did not provide for the creation of a Committee on Economic, Social and Cultural Rights. Initially, the United Nations Economic and Social Council (ECOSOC) conducted the follow-up activity for implementation of the Covenant. The Committee was created by ECOSOC in 1985. It receives reports from States Parties on the measures taken to fully implement the provisions of the Covenant. After examining the report, the Committee issues concluding observations on the state of implementation of the Covenant by the State Party concerned.
At present, there is no individual complaint procedure, but a draft Optional Protocol which would create this possibility is presently under consideration.
As the right to education is included in the International Covenant on Economic, Social and Cultural Rights, the Committee is responsible for following-up on its implementation. It has adopted the following two General Comments with respect to this right :
General Comment n° 11, Plans of Action for Primary Education (Article 14), (E/C.12/1999/4), adopted by the 20th Session (Geneva, 26 April – 14 May 1999) ; and
General Comment n° 14, The Right to Education (Article 13), (E/C.12/1999/10), adopted by the 21st Session (Geneva, 15 November – 3 December 1999).
The right to education was equally addressed by the Committee in its General Comment n° 5 (11th Session, 1994, E/C.12/1995/22), which concerns economic, social and cultural rights including the right to education for handicapped persons.

*See : Child, Communication, Economic, Social and Cultural Rights, Education Content and Objectives, Education (Primary Education), General Comment, Report, Right to Education.

Created by the Convention on the Elimination of All Forms of Discrimination against Women of 18 December 1979, the Committee is composed of 23 experts elected by States Parties to the Convention. It is mandated to monitor implementation of the Convention by States Parties.
It receives and examines periodic reports by States (an initial report in the first year following ratification and periodic reports every four years thereafter). Every year the Committee reports on its activities to the United Nations General Assembly through the Economic and Social Council and may include suggestions and recommendations.
When examining reports of States Parties, the Committee may address questions concerning education. Article 10 of the Convention stipulates that States shall ensure equal access to education for men and women and shall eliminate any stereotyped concept of the roles of women and men at all levels and in all forms of education. In particular, they must revise and adapt textbooks, school programs and teaching methods.
On 6 October 1999, the United Nations General Assembly adopted the Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women. The Protocol provides for an individual (or groups of individuals) complaint procedure. It does not provide for inter-State complaints. Communications are subject to certain conditions. The procedure is confidential and may lead the Committee to conclude that a situation runs counter to the provisions of the Convention and to recommend measures to remedy it.
The Protocol also provides the Committee with the possibility to examine situations of serious and systematic violations of the Convention’s provisions. In this case, it may initiate a confidential investigation, leading to recommendations. However, States may make a declaration that they don’t recognize the competence of the committee for this procedure.

*See : Appeal, Communication, Declaration, Equality, Non-discrimination, Recommendation, Report, Submission.

This Committee was established by the International Convention on the Elimination of All Forms of Racial Discrimination, adopted by the United Nations General Assembly on 21 December 1965. The Committee is composed of 18 experts elected by States Parties to the Convention and is charged with monitoring its implementation by States Parties. It recognizes the right to education by virtue of Article 7 of the Convention, which stipulates that “States Parties undertake to implement immediate and effective measures, particularly in the fields of teaching, education, culture and information, with a view to confronting prejudices, which lead to racial discrimination”. In its General Recommendation n° V (15th Session, 1977, A/32/18), the Committee reminded States of their obligations under the Convention in the field of education.
The Committee receives periodic reports from States Parties and may also examine communications from States Parties or individuals.
Communications from States are admissible only if the States concerned in the dispute have ratified the Convention. Such communications do not require a declaration accepting the competence of the Committee (Article 11). They are first addressed bilaterally with a view to reaching an amicable solution. If this is not possible, the communication is dealt with by a Conciliation Commission, which issues a report containing its recommendations.
Individual communications require that the State Party concerned has made a Declaration through which it accepts the competence of the Committee (Article 14). After examining the complaint, the Committee makes suggestions and recommendations.

*See : Communication, Declaration, Equality, General Recommendation, Non-discrimination, Report, Submission.

17. Committee on Freedom of Association of the International Labor Organization (ILO)

This Committee was established by the International Labor Organization (ILO) to monitor the state of freedom of association, an especially important right. In line with the tripartite system employed by the ILO, the Committee is composed of representatives of governments, workers and employers. An independent person appointed by the ILO Governing Body chairs the Committee. The Committee receives and reviews complaints from States, trade unions and employers organizations. As stipulated in the ILO Constitution, the Committee can be contacted for complaints even against those States which did not ratify the Convention on Freedom of Association. It prepares a report to be approved by the Governing Body, which may also address the Fact Finding and Conciliation Commission.

*See : Complaint, Fact Finding and Conciliation Commission, International Labor Office, International Labor Organization, Submission.

The Committee was created by the Convention on the Rights of the Child of 20 November 1989. It is composed of 10 independent experts elected by States Parties to the Convention. The Committee is charged with monitoring the progress shown by States in implementing the Convention.
The Committee carries out its functions by examining periodic reports that States Parties submit on a regular basis. The initial report must be submitted within the first two years of ratification, and periodic reports every five years thereafter. The Committee may ask States Parties to furnish additional information. Every two years the Committee submits a report to the United Nations General Assembly through the Economic and Social Council.
When examining reports from States, the Committee may look at issues related to education. Articles 28 – 30 address the right and freedom of education. The first General Comment made by the Committee in 2001 addressed Article 29 (1) of the Convention on the Rights of the Child : General Comment n° 1 (2001), Article 29, Para. 1 : The Aims of Education, 17 April 2001, CRC/GC/2001/1.
The Convention on the Rights of the Child does not provide for either an inter-State or an individual complaint procedure.

*See : Child, Education Content and Objectives, Economic and Social Council, Education (Primary Education), Freedom of Education, General Comment, Interpretation, Report, Right to Education.

19. Communication

This is the term used in numerous treaties to indicate the request to an official body to look into a particular human rights situation. For example, it is used in the International Covenant on Civil and Political Rights in its First Optional Protocol, the International Convention on the Elimination of All Forms of Racial Discrimination, the African Charter on Human and Peoples’ Rights and the American Convention on Human Rights. The term is used interchangeably with complaint and petition. Communications may be individual when this right is recognized for individuals or groups of individuals, or it may be an inter-State process wherein a State makes a complaint against another State.
Some human rights agreements provide for both procedures : the International Covenant on Civil and Political Rights and its relevant Protocols, the International Convention on the Elimination of All Forms of Racial Discrimination, the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. Other agreements do not contain any complaint procedure; for example, the Convention on the Elimination of All Forms of Discrimination against Women, the Convention on the Rights of the Child and the International Covenant on Economic, Social and Cultural Rights. In general, for communications to be admissible, the State against which they are addressed must have already recognized the competence of the Committee or Commission to handle such complaints.

*See : Admissibility, Appeal, Competence, Complaint, Petition, Reclamation, Request, Submission

20. Competence

In legal terms, the word competence indicates the legal ability to act in a given domain. It has little connection to the commonly used definition of competence as the technical knowledge that allows professionals to excel in their work. The word competence and its opposite, incompetence, are frequently used regarding bodies (judicial and committees) mandated to receive communications, complaints and appeals. Before examining the merits of the matter referred to it, the body must decide whether the communication is admissible and hence investigate its own competence to address the matter.
The following question is asked : does the treaty being handled by this body contain a communication procedure ? This question can then be further broken down :
• Is the right invoked provided for in the Convention ?
• Has the State concerned ratified the Convention ?
• When applicable, has the State concerned made the declaration or ratified the relevant protocol accepting the competence of the Committee or its jurisdiction ?
• Has the complaining State ratified the Convention ?
• When applicable, has the complaining State made the declaration accepting the competence of the body addressed ?
• Has the questionable behavior been committed after the entry into force of the Convention in the State against which the complaint was made ?
• Has the questionable behavior been committed in one of the areas covered by the Convention ?
In case of a negative answer to any one of these questions, the treaty body will declare itself incompetent to examine the matter, i.e., it is not in a position to receive and consider the complaint.

*See : Adherence, Admissibility, Appeal, Complaint, Declaration, Entry into Force, Jurisdiction, Petition, Ratification, Reclamation, Request.

22. Constitution

A Constitution, also called fundamental law, is the supreme legal text in the structure of States. It may be adopted by a Constituent Assembly or by referendum. It states the basic rules of the State, creates the hierarchy of public authority and determines its responsibilities as well as the relationships between the different state bodies. Human rights and fundamental freedoms are usually recognized in the Constitutions of States and explicit reference is often made to the Universal Declaration of Human Rights or the rights contained therein. It is to be noted that the constituent agreement of the International Labor Organization is called a Constitution while actually it is an international agreement.

*See : International Labor Organization, Treaty, Universal Declaration of Human Rights.

The Statutes of the Council of Europe were adopted in London (United Kingdom) on 5 May 1949. This was the first international organization created in Europe after World War II. The promotion and protection of human rights are well placed among its objectives. Article 3 of the Statutes states that “Every Member (…) must accept the principles of the rule of law and of the enjoyment by all persons within its jurisdiction of human rights and fundamental freedoms”.
With regard to human rights, the Council has adopted the European Convention on Human Rights, where for the first time in the history of international law, it was made possible for individuals to submit their complaints to an international body. The Council’s bodies play an active role in safeguarding the provisions of the Convention through the election of judges and monitoring implementation of verdicts issued by the Court.
The Council of Europe has also adopted the European Social Charter that represents the equivalent, in social matters, of the European Convention on Human Rights. Here as well, the Committee of Ministers plays an important role in the follow-up of States' implementation of the provisions of the Charter.
Beside these activities, there are other human rights treaties under the mandate of this organization : the European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment and the Convention for the Protection of National Minorities.

*See : European Commission on Human Rights, European Convention on Human Rights, European Court of Human Rights, European Social Charter, International Organization.

25. Covenant

The term Covenant is used interchangeably with terms such as Convention and Charter in order to refer to an international agreement. For example, there were the Covenant of the League of Nations, a global organization that existed between the two World Wars and was the predecessor of the United Nations Organization, and the Covenant of the Arab League that established the regional organization known today as the League of Arab States. In the area of human rights, the term Covenant was used to describe the two international agreements adopted by the United Nations General Assembly that deal with economic, social and cultural rights in one and civil and political rights in the other. The use of this term does not have any specific legal implication. It merely signifies an international agreement.

*See : Agreement, Charter, Convention, Protocol.

26. Custom

Together with treaties, custom is one of the principal sources of international law as mentioned in the Statutes of the International Court of Justice. International customary law is the result of regular and consistent use by international human rights actors, particularly States. For any practice to acquire the value of customary law, respect of it must be founded in the willingness or conviction to obey it as law. It is called regional when the States that adhere to it are confined to a specific geographic region. It is called international when its usage surpasses one specific region to cover all States in the world. In fact many international conventions are nothing more than codification of customs : laws of treaties, law of the seas, etc.

*See : International Court of Justice, International Humanitarian Law, International Law.

27. Declaration

The meaning of the term “declaration” changes according to the context : it can be a text issued by an international organization or adopted at a diplomatic conference bringing together States and international organizations. Its authors use it to declare or reaffirm principles that they consider of paramount importance. A typical example is the Universal Declaration of Human Rights. We can also mention the Stockholm Declaration on the Environment (1972), the Rio de Janeiro Declaration on the Environment and Development (1992) and more recently the Declaration on the Principles of the Fundamental Right to Work, adopted by the International Labor Organization (1998). A Declaration is legally non-binding, however it can play a cardinal role in the creation of international custom.
The term “declaration” is also used to qualify the legally binding act by which a State recognizes the competence of a Committee to receive communications or complaints against it. This is the case with the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, the International Convention on the Elimination of All Forms of Racial Discrimination and the International Covenant on Civil and Political Rights. Some of the other Conventions did not provide for this : the Convention on the Elimination of All Forms of Discrimination against Women, the Convention on the Rights of the Child and the International Covenant on Economic, Social and Cultural Rights.
In other Conventions, States can make a declaration by which they deny a particular Committee the right to take the initiative and address the violations of the Convention. This is the case with the Convention against Torture and the Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women.

*See : Custom, International Law, International Organization, Recommendation.

28. Derogation

Through derogation, the law gives States the possibility of suspending or curtailing the practice of human rights and fundamental freedoms. This possibility was foreseen for instances of war, exceptional public danger threatening the life of a nation or a crisis threatening the independence of a nation : natural catastrophes and calamities, rebellion, coups d’état, etc.
Such derogation is, however, subject to a number of conditions. The International Covenant on Civil and Political Rights sets forth the following :
• Exceptional public danger,
• Threat to the nation’s existence,
• Derogation must be non-discriminatory,
• The State is obliged to inform other States through the United Nations Secretary General on the provisions that were derogated and the reasons thereof. It must also inform them on the end of such derogation,
• No derogation can be imposed on basic rights.

*See : Basic Rights, Civil and Political Rights, Limitations, Restrictions, United Nations Organization.

29. Economic, Social and Cultural Rights

Briefly, this set of rights can be interpreted as the obligations of States toward individuals. They consist of the prerogatives that States give to individuals so that they become the individual’s own rights. As with civil and political rights, the economic, social and cultural rights were provided for by the International Covenant on Economic, Social and Cultural Rights which was adopted by the United Nations General Assembly on 16 December 1966. They include : the right to work and to enjoy just and favorable work conditions, the right to form associations and the right to join associations of one’s own choice, the right to social security and benefits, the right to a satisfactory standard of living, the right to health, the right to education, the right to participate in cultural life, etc.
These rights are recognized on the condition that the required resources are available. Article 2 para. 1, of the Covenant states that “each State Party undertakes to act (…) to the maximum of its available resources, with a view to progressively achieving the full realization of the rights recognized in the present Covenant by all appropriate means, including in particular the adoption of legislative measures”.

*See : African Charter on Human and Peoples’ Rights, American Convention on Human Rights, Child, Civil and Political Rights, Equality, European Social Charter, Human Rights Defender, Non-discrimination, Right to Education, Universal, Universal Declaration of Human Rights.

30. Education Content and Objectives

The question of the purpose of education was addressed in the Universal Declaration of Human Rights. To this end, it dedicated Article 26 para. 2 to it as follows : “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 nations, racial or religious groups, and shall further the activities of the United Nations for the maintenance of peace”.
This definition has since been used by a number of human rights treaties, such as the International Covenant on Economic, Social and Cultural Rights (Article 13 para. 1) and the Convention on the Rights of the Child, the latter of which stipulates in Article 29 para. 1 that education should be aimed at :
• The development of the child’s personality, talents and mental and physical abilities to their fullest potential ;
• The development of respect for human rights and fundamental freedoms, and for the principles enshrined in the Charter of the United Nations ;
• The development of respect by the child for the child’s parents, his or her own cultural identity, language and values, for the national values of the country in which the child is living, the country from which he or she may originate and for civilizations different from his or her own ;
• The preparation of the child for a responsible life in a free society, in the spirit of understanding, peace, tolerance, equality of sexes, and friendship among all peoples, ethnic, national and religious groups and persons of indigenous origin ;
• The development of respect for the natural environment.
This paragraph was clearly detailed by the Committee on the Rights of the Child in its General Comment n° 1, Article 29, para. 1 : The Aims of Education, dated 17 April 2001, CRC/GC/2001/1.
The content of education is also discussed in several treaties that target the elimination of all forms of discrimination. In Article 7, the International Convention on the Elimination of All Forms of Racial Discrimination requires States Parties to “undertake to adopt immediate and effective measures, particularly in the field of teaching, education, culture and information, with a view to combating prejudices which lead to racial discrimination …”. In the same way, in the Convention on the Elimination of All Forms of Discrimination against Women, States Parties must take all appropriate measures for “the elimination of any stereotyped concept of the roles of men and women at all levels and in all forms of education by encouraging coeducation and other types of education which will help to achieve this aim and, in particular, by the revision of text books and school programs and the adaptation of teaching methods” (Article 10, sub-para. c).

*See : Child, Committee on Economic, Social and Cultural Rights, Committee on the Elimination of Discrimination against Women, Committee on the Elimination of Racial Discrimination, Committee on the Rights of the Child, General Comment, Human Rights Education, Inter-American Convention on Human Rights, Interpretation, Right to Education.

31. Education (Primary Education)

States obligations are more rigid in the area of primary education than for other levels of education. By virtue of Article 14 of the International Covenant on Economic, Social and Cultural Rights, States Parties are required to adopt, within a period of two years, a plan to progressively implement free and compulsory primary education for all children. This objective must be met within a “reasonable number of years” according to the Committee on Economic, Social and Cultural Rights. In addition, according to the Committee, “… the plan must specifically set out a series of targeted implementation dates for each stage of the progressive implementation of the plan”.

*See : Child, Committee on Economic, Social and Cultural Rights, Committee on the Rights of the Child, Economic, Social and Cultural Rights, Free of Charge, Right to Education, Universal Declaration of Human Rights.

32. Education (Technical and Vocational)

This was the subject of a Convention adopted by UNESCO on 10 November 1989. By technical and vocational education, the Convention refers to : “all forms and levels of the educational process involving, in addition to general knowledge, the study of technologies and related sciences and the acquisition of practical skills, know-how, attitudes and understanding relating to occupations in the various sectors of economic and social life”.
Furthermore, the Convention applies to all levels of technical and vocational education, whether it is given within educational establishments or in collaboration between them and external enterprises in agricultural, industrial and/or commercial fields. Among other obligations, States undertake to create and implement policies for technical and vocational education. To follow-up on States’ undertakings, the Convention requires periodic reports be submitted to UNESCO.

*See : Child, Convention, Education Content and Objectives, Report, UNESCO Committee on Conventions and Recommendations.

33. Educator/Teacher

The International Covenant on Economic, Social and Cultural Rights quickly made reference to the educator/teacher. States commit that “... the material conditions of teaching staff shall be continuously improved” (Article 13, para. 2, subpara. e). UNESCO and ILO made an important joint recommendation regarding the status and condition of teachers, adopted on 5 October 1966. The scope of this Recommendation is quite large ; it covers “all those persons in schools who are responsible for the education of pupils”, and this applies to :
• All educational establishments : public or private
• All levels of education : kindergartens, elementary, primary, secondary and
• All domains covered by the establishment : general education, arts, technical, professional.
The only implicit exception concerns higher education, which is the subject of a special text introduced separately by UNESCO (Recommendation Concerning the Status of Higher-Education Teaching Personnel, 11 November 1997).
The Recommendation recognizes the “decisive role of higher-education teaching personnel in the advancement of education”. It enumerates a number of Conventions adopted by the ILO that are applicable to them : the Convention on Freedom of Association and Protection of the Right to Organize ; Convention on the Right to Organize and Collective Bargaining, Equal Remuneration Convention and the Convention against Discrimination in Employment and Occupation. In addition, it indicates further directives for action that should inspire States : professional training, personal development, employment and career, rights and responsibilities, treatment, social security, etc.

*See : Committee on Freedom of Association of the ILO, Education (Primary Education), Education (Technical and Vocational), Educator (Higher Education), Human Rights Defender, International Labor Organization, Recommendation, UNESCO Committee on Conventions and Recommendations.

34. Educator/Teacher (Higher Education)

The condition of higher-education teaching staff was the subject of a recommendation adopted by UNESCO on 17 November 1997. It complements the recommendation adopted on 5 October 1966, concerning the Status of Teachers at all other levels.
Higher education includes the programs of study, training and research provided by universities and other recognized educational establishments at the post secondary school level. By higher-education teaching personnel, the UNESCO Recommendation means “all those persons in institutions or programs of higher education who are engaged to teach and/or to undertake scholarship and/or to undertake research and/or to provide educational services to students or to the community at large”.
The Recommendation enumerates the principal directives, objectives and policies of higher education. It determines the rights and responsibilities of educational establishments and places a particular emphasis on their autonomy, considered as “a necessary condition” for them to be able to fulfill their obligations. It further describes the rights and freedoms of teaching personnel, with particular reference to academic freedoms :
• freedom of knowledge and discussion without fear of prescribed doctrine,
• freedom to conduct research and to disseminate information and knowledge,
• freedom of expression and opinion,
• institutional autonomy,
• freedom to participate in activities of professional organizations or representative academic organizations.
Finally, the Recommendation enumerates the obligations of teachers and their working conditions. The list of all international instruments that have a bearing on the condition of teaching staff can be found in the Appendix.

*See : Committee on Freedom of Association of the ILO, Educator/Teacher, Human Rights Defender, International Labor Organization, Recommendation, UNESCO, UNESCO Committee on Conventions and Recommendations.

37. European Commission on Human Rights

This body was created by the European Convention on Human Rights and was mandated to decide on the admissibility of complaints and to endeavor to find amicable solutions to them. In case no amicable solution is reached, it creates a report and issues an opinion concerning the existence of the alleged violations. This in turn allows the opening of a judicial phase before the European Court of Human Rights. Protocol n°11 to the European Convention, which entered into force on 1 November 1998, is phasing out the role of the Commission and establishes the European Court as the only competent body for dealing with complaints.

*See : Admissibility, Appeal, Council of Europe, European Convention on Human Rights, European Court of Human Rights, Submission.

38. European Convention on Human Rights

Its exact title is the Convention for the Protection of Human Rights and Fundamental Freedoms. Adopted on 4 November 1950 within the context of the Council of Europe, it has been completed by a number of protocols, some of which have been incorporated into the Convention itself as amendments. It recognizes a number of rights, essentially civil and political, for all persons under the jurisdiction of States Parties : the right to life ; prohibition of torture, slavery and forced labor ; the right to liberty and security of person ; the right to impartial judicial process ; the principle of lawful punishments ; the right to respect of privacy and family life, home and correspondence ; right to freedom of thought, conscience and religion, freedom of expression, freedom of assembly and association ; the right to marry ; the right to effective appeal and prohibition of discrimination.
Until 1998, the European Commission on Human Rights was entrusted with the implementation of the Convention regarding the admissibility of complaints and the European Court of Human Rights was charged with the study of the substance of petitions. Protocol n°11, which entered into force on 1 November 1998, reformed the system and established that the Court is the only competent body to decide on the admissibility and substance of complaints.

*See : Civil and Political Rights, Council of Europe, European Commission on Human Rights, European Court of Human Rights, Jurisdiction, Protocol..

The European Court of Human Rights is a jurisdiction created for the implementation of the European Convention on Human Rights. The Court may sit as a Committee (three judges), a Chamber (7 judges) or an Upper Chamber (17 judges). The Court is competent to receive inter-State and individual petitions. Once the Court agrees upon the admissibility of a petition, it endeavors to find a friendly solution to the conflict. Failing such a settlement, the Court issues a public ruling on the merits of the case. The Committee of Ministers of the Council of Europe is responsible to monitor the implementation of the Court rulings.

*See : Admissibility, Appeal, Civil and Political Rights, Council of Europe, European Commission on Human Rights, European Convention on Human Rights, Jurisdiction, Jurisprudence.

40. European Social Charter

The European Social Charter is a treaty adopted on 18 October 1961, within the framework of the Council of Europe. An Additional Protocol to the Charter was adopted on 5 May 1988 and another Protocol amending it was adopted on 21 October 1991. The Charter recognizes a number of economic and social rights : protection of labor and social protection for all the population. Its structure is relatively complex. States are not obliged to adhere to all the provisions of the Charter. However, they are obliged to respect those rights considered as basic rights.
Two mechanisms were created to scrutinize implementation of the European Social Charter.
The first consists of the obligation of States to submit reports to the Council of Europe concerning their implementation of the Charter. These are public reports and social partners (employers’ organizations, trade unions and non-governmental organizations) may make comments on these reports. The European Committee on Social Rights examines the reports and the comments, and then pronounces itself on the compliance of States’ legislation and practices with their obligations under the Charter. The conclusions of the Committee are sent to the Inter-governmental Committee, which selects the situations that require recommendations. These cases are to be addressed by the Committee of Ministers of the Council of Europe.
The second mechanism consists of the possibility of trade unions, employers’ organizations and certain non-governmental organizations to submit complaints to the European Committee on Social Rights. The Committee decides on the admissibility of the complaint and writes a report where it pronounces itself on the alleged violation of the Charter by the accused State. In case there is a violation, the Committee of Ministers of the Council of Europe addresses a recommendation to the concerned States.

*See : Basic Rights, Council of Europe, Economic, Social and Cultural Rights.

41. Fact Finding and Conciliation Commission of the International Labor Organization (ILO)

In 1950, the International Labor Organization created the Commission to examine complaints about infringement or violations of trade union rights, including freedom of association and the right to organize. It is composed of independent members designated by the Governing Body. It may be addressed by States as well as by employers’ and workers’ organizations. Complaints may be submitted against States who have ratified the Convention on Freedom of Association. When dealing with complaints against a State that has not ratified the Convention, the Commission can only examine the case if the former has given its express consent. The Commission is not a judging body, but has a role to investigate whether freedom of association is being violated and to recommend amicable solutions to the protagonists.

*See : Committee on Freedom of Association, Complaint, International Labor Organization, Submission.

42. Free of Charge

The Universal Declaration of Human Rights divides education into elementary and basic education, technical education and higher education. It provides for free access to elementary and basic education. The International Covenant on Economic, Social and Cultural Rights does not use the same division, but rather differentiates between primary education and secondary including technical education, higher education and basic education. Free access was foreseen for primary education and then it must be progressively introduced for secondary education, including technical education as well as higher education.
In its General Comment n° 11, entitled Plans of Action for Primary Education, the Committee on Economic, Social and Cultural Rights further defined the meaning of free of charge. First of all, it noted that the requirement for free education is unequivocal. The right to primary education free of charge “is expressly formulated so as to ensure the availability of primary education without charge to the child, parents or guardians”. Starting from there, States must work to suppress enrolment fees imposed by governments, local authorities and/or educational establishments. The same holds for indirect fees, such as the obligation to wear uniforms paid for by parents. Indirect fees may be accepted, but only under reserve of their evaluation by the Committee on a case-by-case basis (paragraph 7). The Committee equally addressed free education with regard to other educational levels. It stated that “while States must give priority to the provision of free primary education, they also have an obligation to take concrete steps towards achieving free secondary and higher education” (General Comment n° 13, The Right to Education, para. 14).

*See : Committee on Economic, Social and Cultural Rights, Economic, Social and Cultural Rights, Education (Primary Education), General Comment, Interpretation, Universal Declaration of Human Rights.

43. Freedom of Education

The Universal Declaration of Human Right declares that “parents have, by priority, the right to choose the kind of education given to their children”. This right was reaffirmed by the International Covenant on Economic, Social and Cultural Rights which indicates that States undertake to “… respect the liberty of parents and, when applicable, legal guardians to choose for their children schools other than those established by public authorities (…) and to ensure the religious and moral education of their children in conformity with their own convictions”. This freedom means the ability to establish and manage private educational establishments. The last paragraph of Article 13 stipulates that “No part of this article shall be construed so as to interfere with the liberty of individuals and bodies to establish and direct educational institutions …”.
The International Covenant on Civil and Political Rights provides for freedom of education as a consequence of freedom of thought, conscience and religion. Article 18 para. 4, stipulates that “The States Parties to the present Covenant undertake to have respect for the liberty of parents and, when applicable, legal guardians to ensure the religious and moral education of their children in conformity with their own convictions”.
However, this freedom is not absolute. Establishment and management of private educational institutions may be subject to limitations imposed by the State. The content of the education they provide must be in conformity with the content of education as provided for in the Universal Declaration of Human Rights, the International Covenant on Economic, Social and Cultural Rights and other Conventions.

*See : Civil and Political Rights, Committee on Economic, Social and Cultural Rights, Education Content and Objectives, Human Rights Committee, Universal Declaration of Human Rights.

45. General Comment

General Comment is the expression used for the texts in which Committees interpret the treaty or treaties that are under their mandate. This is the case of the Committee against Torture, the Human Rights Committee, the Committee on Economic, Social and Cultural Rights and the Committee on the Rights of the Child. The term “General Recommendation” is used by the Committee on the Elimination of Racial Discrimination and the Committee on the Elimination of Discrimination against Women. The difference in names does not have any impact on the texts in question.
Numbered and dated, General Comments or observations are extremely useful documents that give an authoritative interpretation of the provisions of the relevant treaty. The United Nations updates and publishes the General Comments and General Recommendations adopted by the human rights treaty bodies. The edition published in 1997 is numbered (HRI/GEN/1/Rev.3).
Regarding education, the Committee on Economic, Social and Cultural Rights is the body entrusted to monitor implementation of the International Covenant on Economic, Social and Cultural Rights that provides for the right to education. It has issued the following two General Comments of special importance :
General Comment n° 11, Plans of Action for Primary Education (Article 14), (E/C.12/1999/4.) adopted by the 20th Session (Geneva, 26 April – 14 May 1999) and
General Comment n° 14, The Right to Education (Article 13), (E/C.12/1999/10), adopted by the 21st Session, (Geneva, 15 November – 3 December 1999).
In the same manner, the Committee on the Rights of the Child has devoted its first General Comment of the year 2001 to the right to education : General Observation n° 1, Article 29, Para. 1 : The Purposes of Education, 17 April 2001, CRC/GC/2001/1.

*See : Committee on Economic, Social and Cultural Rights, Committee on the Rights of the Child, Education Content and Objectives, Free of Charge, General Recommendation, Human Rights Committee, Interpretation, Right to Education.

47. Human Rights

Human rights can be defined as the set of prerogatives that every person is endowed with in his/her capacity as a human being. International conventions do not accord these rights, they simply recognize them. These prerogatives are opposed to those of other persons or those of States. The word “human” is a generic term referring to all human beings. The existence of specific rights (for example, rights of the child, women, refuges, etc) does not prevent the indivisibility of all sets of rights.

*See : African Charter on Human and Peoples’ Rights, American Convention on Human Rights, Child, Civil and Political Rights, Economic, Social and Cultural Rights, Equality, European Convention on Human Rights, Human Rights Defender, Human Rights Education, Non-discrimination, Universal Declaration of Human Rights.

The Human Rights Committee was established by the International Covenant on Civil and Political Rights which was adopted by the United Nations General Assembly on 16 December 1966. It is composed of 18 members who are “persons of high moral character” and is charged with ensuring the implementation and respect by States of the Covenant and its two Optional Protocols. To fulfill its mandate, the committee has different means available to it : examination or study of reports and communications from States Parties and from individuals.
1). Examination of Reports
All States Parties to the Covenant must submit reports on the measures they undertake to implement the Covenant. The initial report must be submitted within one year of the entry into force of the Covenant in the State Party. Other periodic reports are to be submitted whenever the Committee requests. When examining State reports, country delegations present their report, after which Committee members and delegations enter into a round of questions and answers. Thereafter, the Committee will adopt its concluding observations on the situation in the country in question.
2). Inter-State Communications
The second method consists of communications or complaints made by States Parties. Any State Party may address the Committee when it considers that another State Party is not fulfilling its obligations under the Covenant. This procedure is subject to certain conditions :
Ratification of the Covenant alone is not enough. The State Party lodging the complaint as well as the State against which the complaint is being made must each have made a declaration recognizing the competence of the Committee to consider such communications.
The Committee cannot consider communications unless the victim of the alleged violations proves that all possible domestic solutions were tried.
The Committee cannot receive communications unless the two States Parties failed to negotiate a friendly solution to the conflict.
The Committee tries to reach an amicable solution to the conflict, otherwise it appoints a Conciliation Commission.
3). Individual Communications
The Human Rights Committee receives and considers communications from any individual claiming to be victim of violations of any of the rights set forth in the Covenant. Individual communications against States are admissible only if the State concerned has ratified the Covenant as well as the First Optional Protocol. This is the treaty that regulates individual communications. Such communications are subject to certain conditions, notably the rule that domestic solutions are exhausted.
Following examination of the communication, the Committee may ask the accused State for more explanation of the matter. In examining individual communications, the Committee looks at the allegations in a closed meeting.
The Committee may also address issues in the field of education. It has indirectly addressed this area in its General Comment n° 17 regarding Article 24 of the International Covenant on Civil and Political Rights (status of the child), (35th Session, 1989). It has directly addressed freedom of education in its General Comment n° 22 (48th Session, 1993). Freedom of education is provided for in the Covenant.
The Committee reports on its activities each year to the United Nations General Assembly.

*See : Communication, Civil and Political Rights, Declaration, Freedom of Education, Report, Right to Education.

49. Human Rights Defender

In a Declaration on the Rights of Human Rights Defenders adopted on 9 December 1998, the United Nations General Assembly affirmed the right of everyone “individually and in association with others, to promote and strive for the protection and realization of human rights and fundamental freedoms at the national and international levels”. Actually, the Declaration does not establish a status for human rights defenders, but rather it reaffirms the right of every individual to contribute to the promotion of human rights, whether the activity is permanent or occasional, and in this context, gives him or her certain protection. It is, therefore, logical to consider a human rights educator as a human rights defender because he or she provides the necessary training to human rights activists. For issues concerning protection of human rights defenders, a Special Representative od United Nations Secretary General links with the Human Rights Commission.

*See : Declaration, Human Rights, Human Rights Education, United Nations General Assembly.

50. Human Rights Education

The expression “human rights education” is an abbreviation. It should be understood not only as education on human rights, but also as education for international peace, cooperation and understanding. On 19 November 1974, UNESCO adopted a Recommendation entitled “Recommendation Concerning Education for International Understanding, Co-operation and Peace and Education Relating to Human Rights and Fundamental Freedoms”.
Human rights education is not a new idea ; it can be traced to the Universal Declaration of Human Rights. In the preamble, the United Nations General Assembly proclaimed “this Declaration (…) as a common standard of achievement for all peoples and all nations, to the end that every individual and every organ of society, keeping this Declaration constantly in mind, shall strive by teaching and education to promote respect for these rights and freedoms (…) and to secure their universal and effective recognition and observance”. These are the principles that guided the drafting of Article 26 of the Declaration, in particular paragraph 2. A number of international treaties picked up the substance of this paragraph :
• The International Covenant on Economic, Social and Cultural Rights (Article 13, para. 1) ;
• The Convention on the Rights of the Child (Article 29, para. 1) ;
• The International Convention on the Elimination of All Forms of Racial Discrimination (Article 7) ; and
• The Convention on the Elimination of All Forms of Discrimination against Women (Article 10, sub.para. c)
This principle also appears in the African Charter on Human and Peoples’ Rights, as well as the Additional Protocol to the American Convention on Human Rights that addresses economic, social and cultural rights.
As it appears in a number of legal instruments, therefore, human rights education represents an obligation for States. The UNESCO Recommendation mentioned earlier explains this understanding.
By “education”, one must understand “the entire process of social life by means of which individuals and social groups learn to develop consciously within, and for the benefit of, the national and international communities, the whole of their personal capacities, attitudes, aptitudes and knowledge...”. The terms international “understanding”, “co-operation”, and “peace” are considered by this Recommendation as “an indivisible whole based on the principle of friendly relations between peoples and States having different social and political systems and on the respect for human rights and fundamental freedoms…”. Human rights and fundamental freedoms are “…those defined in the United Nations Charter, the Universal Declaration of Human Rights and the International Covenants on Economic, Social and Cultural Rights, and on Civil and Political Rights”.
UNESCO recommends that States adopt a number of guiding principles inspired by the documents mentioned earlier and create national policies on the matter. The Recommendation then details the areas to be covered by human rights education : respect for all peoples, their cultures, civilizations, values, study of major humanitarian problems, etc. Finally, it talks about the preparation of educators and the means and materials required. Note that the Recommendation requires the submission of reports by States on the measures that they have undertaken for implementation.

*See : African Charter on Human and Peoples’ Rights, Child, Education Content and Objectives, Human Rights Defender, Recommendation, Report, Right to Education, UNESCO, UNESCO Committee on Conventions and Recommendations, Universal Declaration of Human Rights.

Made up of independent Commissioners elected by the General Assembly of the Organization of American States, the Commission is chartered to protect and promote human rights within the context of the inter-American system. It examines communications and petitions as provided for by the American Convention on Human Rights.
Individual petitions can be introduced against States Parties to the Convention. On the other hand, petitions by States cannot be accepted unless in addition to being a State Party to the Convention, the accused State has made a declaration accepting the competence of the Commission to examine such petitions. Both procedures are subject to certain conditions of admissibility, in particular the rule that local solutions have been exhausted. As a first measure, the Commission places itself at the disposal of the conflicting parties to enable them find an amicable settlement. If a friendly settlement cannot be reached, the Commission draws up a report containing the facts and stating its conclusions and recommendations. The matter may be submitted to the Inter-American Court of Human Rights within a period of three months. If this does not happen, then the Commission may re-examine the matter. Finally, the Commission issues an opinion, formulates recommendations and fixes a time limit for the accused State to adopt the recommended measures.

*See : American Convention on Human Rights, Communication, Declaration, Inter-American Court of Human Rights, Organization of American States, Petition, Submission.

The Inter-American Court of Human Rights is competent to examine alleged violations of the American Convention on Human Rights referred to it by States, after the Inter-American Commission has looked into the matter However, its jurisdiction is optional : it can only be addressed concerning States which, in addition to being States Parties to the Convention, have also made a declaration accepting the competence of the Court to examine such petitions. Individuals cannot submit claims to the Court. In its examination of the matter, the Court is not obliged to follow the opinion of the Commission. Following presentation of the views of States and the Commission, the Court issues its judgment, which is final and not subject to appeal.

*See : American Convention on Human Rights, Competence, Declaration, Inter-American Commission on Human Rights, Jurisdiction, Jurisprudence, Organization of American States, Petition.

The International Bureau of Education was the first international organization in the field of education. It was created in Geneva in 1925 as a private institution. As of 1929, the Bureau started admitting governments and it became affiliated to UNESCO in 1969. Nevertheless, the Bureau enjoys wide autonomy in its area of specialization : the organization of the International Conference on Education, the organization of discussions on educational policies and the collection, analysis and diffusion of documentation and information on education. The Bureau is run by a Council composed of representatives of Member States elected by the UNESCO General Assembly.

*See : International Conference on Education, UNESCO.

56. International Conference on Education

Organized by the International Bureau of Education since 1934, the International Conference on Education is a forum for discussion between the Ministers of Education of UNESCO’s Member States. It is also open for the participation of other partners in the field of education including teachers, researchers, non-governmental organizations, etc. Themes for discussion are chosen by UNESCO upon proposal of the International Bureau of Education. During its recent sessions, the Conference has examined the following themes : Education for All (1990), the Contribution of Education to Cultural Development (1992), Appraisals and Perspectives of Education for International Understanding (1994), Strengthening the Role of the Teacher in a Changing World (1996). At the end of each Conference, recommendations for Ministries of Education are adopted.

*See : Human Rights Education, International Bureau of Education, Recommendation, UNESCO.

The International Court of Justice was created by the United Nations Charter. It is based in The Hague (Netherlands) and composed of judges elected by the United Nations General Assembly and the Security Council. It is mandated to settle disputes between States. For the Court to consider such disputes, the States concerned must have made a declaration accepting its competence. States may declare that they accept the court rulings on all points of their disagreement, or they may declare that they accept that only a specific part of their disagreement is to be submitted to the Court. The Court’s rulings are final and binding upon States. The Security Council decides on the measures to be taken to ensure the application of such rulings. The Court also plays a consultative role : upon request from United Nations bodies, it renders legal advisory opinions. In all its activities, the Court applies international law.

* See : Custom, Declaration, International Law, Jurisdiction, Jurisprudence, United Nations Security Council, United Nations General Assembly, United Nations Organization.

59. International Humanitarian Law

International humanitarian law refers to all the rules established by international customary law or treaties to protect human beings during situations of armed conflict. The main texts in this area are the four Geneva Conventions that were adopted in 1949 through the initiative of the International Committee of the Red Cross (ICRC), a non-governmental organism. These four Conventions refer to : amelioration of the condition of the wounded and sick in armed forces in the field ; amelioration of the condition of the wounded, sick and shipwrecked members of armed forces at sea ; the treatment of prisoners of war ; and the protection of civilian persons in time of war. They are complemented by two addition protocols adopted in 1977.

*See : Custom, International Court of Justice, International Criminal Tribunal, Security Council.

This is one of the oldest international organizations, created after World War I. Its field of activity includes labor, social security and social relations in general. Its main bodies are the International Labor Conference and the Governing Body that are headed by an elected Director General. It is serviced, together with the International Labor Office, by a permanent administration based in Geneva. The composition of the Conference and the Governing Body is of a tripartite nature, i.e., States delegations are composed of representatives of governments, workers and employers.
The ILO adopts what are known as international labor norms. These norms are composed of Recommendations and Conventions. Conventions are binding once States have ratified them. Recommendations are not binding, although States are bound by certain obligations, in particular to propose them to national authorities to be incorporated into law and to report when this does not happen.
In the Declaration on the Fundamental Principles and Rights at Work adopted in 1998, the ILO reminded all Member States that they have the obligation to respect certain principles and rights even if they did not ratify the relevant Conventions. These rights are binding upon States simply by their membership of the Organization. These rights are the following :
• Elimination of all forms of forced or compulsory labor ;
• Abolition of child labor ; and
• Elimination of discrimination in employment and training.
To ensure States’ compliance with the obligations they undertake through their adherence or ratification of Conventions, the ILO has developed a set of mechanisms.
The ILO and its mechanisms can be addressed for issues linked to education, as in the case of child labor. This is also the case for teachers who are considered the same as other laborers. The ILO has collaborated with UNESCO in the elaboration of a number of documents.

*See : Committee of Experts on the Application of Conventions and Recommendations of the ILO, Committee on Freedom of Association of the ILO, Educator/Teacher, Educator/Teacher (Higher Education), Fact Finding and Conciliation Commission of the ILO.

63. International Organization

An international organization is the association of States to give birth to a new entity. This body enjoys the status of an international legal entity and may create its own different bodies. The treaty that establishes such an organization gives it a precise mission, which generally consists of promoting cooperation between States Members in one or more areas. An international organization is considered universal when its mission is to admit all States of the world. It is called regional when its membership is confined to a number of States limited by specific criteria : geographic, political, linguistic, religious, etc. The most appropriate expression to describe these entities is “inter-governmental organizations” in order to distinguish them from non-governmental organizations that are also international, but are not created by States.

*See : Council of Europe, International Labor Organization, Organization of African Unity, Organization of American States, Non-governmental Organization, UNESCO, United Nations Organization.

65. Jurisdiction

At one level, the term jurisdiction means the administration of justice and law, the right and responsibility to impose justice by applying the law. The word jurisdiction, however, has also come to mean the body that has the competence to do this. International human rights jurisdictions are not many. For now, there are only the European Court of Human Rights and the Inter-American Court of Human Rights. The African Court of Human and Peoples’ Rights has yet to be established : the protocol provided for it has not entered into force so far.

*See : African Court of Human and Peoples’ Rights, Inter-American Court of Human Rights, International Court of Justice, European Court of Human Rights, Interpretation.

66. Jurisprudence

Jurisprudence refers to the totality of the judgments and verdicts issued by an adjudicating body. There is the jurisprudence of the European Court of Human Rights, the Inter-American Court of Human Rights and the International Court of Justice to mention but a few examples. This word can also be used in a more restricted term : to describe the rulings and judgments on a specific question, for example, the jurisprudence about freedom of conscience.
Theoretically reserved only for jurisdictions, the word is frequently used for texts issued by bodies which are not jurisdictions. For example, it is common to speak of the jurisprudence of the Human Rights Committee.

*See : Interpretation, Jurisdiction.

68. Non-discrimination

The principle of non-discrimination was described in Article 2 of the Universal Declaration of Human Rights : “Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind such as race, color, sex, language, religion, political or other opinion, national or social origin, property, birth or other status”. It is the direct result of the principle of equality stated in Article 1 : “All human beings are born free and equal in dignity and rights”. This principle was quoted identically in two covenants : Article 2.2 of the International Covenant on Economic, Social and Cultural Rights and Article 2.1 of the International Covenant on Civil and Political Rights. Other treaties put in place measures to fight against specific discrimination : racial discrimination and against women, for example, or the ILO convention against discrimination in work. It is not without cause that the Human Rights Committee remarked that “non-discrimination is a basic principle of human rights protection…” (General Comment 1, Non-discrimination, 37th Session, 1989).
In the field of education, and in addition to the documents mentioned above, non-discrimination has been the subject of a specific treaty, adopted by UNESCO on 14 December 1960, known as the Convention against Discrimination in Education. According to this Convention, it is prohibited to deprive any person or group of persons from access to education, to limit any person or a group of persons to education of an inferior level, or to inflict on any person or group of persons a condition incompatible with human dignity because of criteria based on race, color, sex, language, religion, political or any other opinion, national or social origin, economic or birth condition. This prohibition concerns all types and levels of education. It does not only concern access to education, but also its level, quality and the conditions in which education is provided. Finally, it also concerns the preparation of individuals for the teaching profession.
On the other hand, certain situations are not considered as discriminatory. It is permitted to establish and run separate educational facilities for pupils of different sexes on the condition that they are treated equally (qualification of teachers, teaching premises, equipment, programs). In the same way, for linguistic or religious reasons, it is permitted to establish and run separate educational establishments on the condition that they are optional and that their programs conform to the prescribed norms. Establishment of private schools is not considered discriminatory on the condition that they do not exclude any group of persons and that their teaching programs are in conformity with the norms laid down by public authorities.
A Commission mandated to regulate disagreements that may arise as a result of the Convention’s application was created by a Protocol introduced by UNESCO on 10 December 1962.

*See : Committee on Economic, Social and Cultural Rights, Education, Education (Higher Education), Education (Primary Education), Education (Technical and Vocational), Equality, Free of Charge, Freedom of Education, General Comment, Human Rights, Interpretation, Universal, Universal Declaration of Human Rights.

69. Non-governmental Organization (NGO)

A non-governmental organization is an association that brings together individuals, groups or moral entities. Public entities can also be associated to non-governmental organizations. Unlike inter-governmental or international organizations that are created by inter-State arrangements or by agreements concluded by inter-governmental organizations, non-governmental organizations are created by an agreement among private entities or individuals.
Added to this condition are other criteria : that the organization is non-profit making, i.e., it is not intended to generate revenue for its members, and that it should be international in scope, i.e., its members should originate from different nationalities and that its activity should not be confined to only one country.
Non-governmental organizations are often associated with organizations and bodies involved in human rights promotion and protection. As far as the United Nations is concerned, the conditions for such collaboration are regulated by a resolution issued by the Economic and Social Council in accordance with Article 71 of the United Nations Charter. For example, NGOs follow the sessions of the Human Rights Commission as observers. Similar statutes were adopted by other international organizations : UNESCO, ILO, Council of Europe and the OAU, etc.

*See : International Organization, United Nations Economic and Social Council.

The Charter of the Organization of African Unity, signed in Addis Ababa (Ethiopia) on 25 May 1963 created the OAU. According to the preamble of the OAU Charter, States Parties reaffirm their adherence to the United Nations Charter and the Universal Declaration of Human Rights.
The Organization’s objectives are the following :
• to promote the unity and solidarity of African States ;
• to coordinate and intensify their cooperation and efforts to achieve a better life for the peoples of Africa ;
• to defend their sovereignty, territorial integrity and independence ;
• to eradicate all forms of colonialism from Africa ; and
• to promote international cooperation, having due regard to the Charter of the United Nations and the Universal Declaration of Human Rights.
Its principal bodies are : the Assembly of Heads of State and Government, the Council of Ministers, the General Secretariat and the Commission of Mediation, Conciliation and Arbitration. It has issued the African Charter on Human and Peoples’ Rights, in which the Assembly of Heads of State and Government played an important role.
Note that on 26 may 2001, the Constitutive Act of a new entity, the African Union (AU), entered into force. The OAU is responsible for taking the appropriate steps to ensure the transition to the AU of its
prerogatives, assets, rights and obligations.

*See : African Charter on Human and Peoples’ Rights, African Commission on Human and Peoples’ Rights, African Court of Human and Peoples’ Rights.

This is a regional organization that groups the States of the American continents. Its Constitution was built in stages : Bogota, Colombia (1948), Buenos Aires, Argentina (1967) and Cartagena, Colombia (1985). It has a number of bodies : the General Assembly plus a number of councils, including the Inter-American Council on Education, Science and Culture. It is within the framework of this organization that the American system for the promotion and protection of human rights was created with a Convention and its implementation mechanisms including the Inter-American Commission on Human Rights and the Inter-American Court of Human Rights.

*See : American Convention on Human Rights, Inter-American Commission on Human Rights, Inter-American Court of Human Rights.

77. Reclamation

In general terms, reclamation has the same meaning as communication, petition, complaint, appeal or request. This term has been used in particular in the ILO Constitution to indicate the means by which workers’ or employers’ organizations submit complaints to the Organization against any State that did not execute, in a satisfactory manner, any Convention to which it is a State Party. Examination of reclamations is entrusted to a tripartite committee, made up of representatives of States, workers’ and employers’ organizations. Following the report of the Committee, the Governing Body may ask the State to make a declaration. It may also make public the reclamation and the State’s response.

*See : Appeal, Communication, Complaint, Petition, Request.

78. Recommendation

The meaning of the word “recommendation” varies according to the context in which it is used. As a generic term, it is used to designate texts by international organizations that are not binding upon States. Hence, resolutions adopted by the United Nations General Assembly, are recommendations.
In certain situations, especially in the case of organizations that deal with education, the term recommendation has a more precise meaning.
Within UNESCO, a recommendation is adopted by a simple majority vote of the General Conference. It has no binding obligation. According to UNESCO’s Constitution, all Member States, including those who did not vote for the recommendation, are obliged to submit it to their national authorities within a period of one year from the date of adoption, with a view to incorporate it into national law. States are also obliged to submit a report explaining their follow-up on the recommendation.
The use of recommendations is even more detailed within the ILO. They are adopted by the International Labor Conference by a two-thirds majority vote. Member States, whether they have voted or not, are required to submit the recommendation to national authorities to create a law within a period of one year, which can be extended to 18 months. And, if this does not happen, they are required to report on why not.

*See : International Labor Organization, Report, Resolution, UNESCO, United Nations General Assembly, United Nations Organization.

80. Report

The term report, frequently used in international law, particularly by the United Nations human rights protection mechanisms, has two different meanings.
Firstly, reports are the documents that States are required to submit to the various human rights protection bodies or, in general, to international organizations. According to the prescribed form and content, often very precise, States submit a status of their implementation of the concerned Convention. The first reports submitted by States are known as initial reports. The following reports, submitted at regular intervals, are known as periodic reports. These are to be examined by the committee or the organization to which they are addressed and may be followed by debate and recommendations.
Education can be the subject of reports addressed to the following organizations and committees : UNESCO, ILO, Human Rights Committee, Committee on Economic, Social and Cultural Rights, the Committee on the Rights of the Child, the Committee on the Elimination of Racial Discrimination, the Committee on the Elimination of Discrimination against Women.
Secondly, the term report refers to the documents by which a Special Rapporteur discharges his or her mandate to the body that appointed him or her. As a general rule, they prepare interim reports (reports prepared at irregular intervals) and a final report at the end of their mandate.

*See : Special Rapporteur

82. Reservation

A reservation signifies a unilateral declaration, however it may be named, by which a State Party to a treaty manifests its wish to exclude or modify the effect or effects that a provision or several provisions may have on its application to that State (Vienna Convention on the Law of Treaties). Reservations are always possible as long as they are not explicitly ruled out by the treaty itself (as is the case, for example, with ILO Conventions) and are not incompatible with the objective and aim of the treaty. In some cases, the treaty itself lists the provisions that may be subject to reservations. In this case, reservations are possible only to these provisions. As a general rule, reservations can be withdrawn at any moment by the concerned State.
In international human rights law, reservations are frequently presented as a “Declaration” or “Interpretive Declaration” which are the same. In addition, this law suffers from the fact that, frequently, there are no provisions for validating reservations against the objectives and goals of the agreement. It is to be noted, however, that the Human Rights Committee has recently confirmed its competence to carry out such validations (General Comment n° 24, adopted at the 52nd Session, 1994).

*See : Entry into Force, Party, Treaty.

84. Restrictions

This term, that same as the term limitations, signifies the possibility of States to curtail the exercise of individual human rights and fundamental freedoms. The legal framework for this limitation was provided for in the Universal Declaration of Human Rights. Article 29, para. 2 of the Universal Declaration stipulates that “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”. This possibility was also provided for in the principal human rights conventions. It can be found as a general clause that authorizes the restriction, or if an article is devoted to a specific right, the first paragraph defines the right and the limitation possibilities are stated in the following paragraph.
However, the use of restrictions is not left entirely to the judgement of States. It is subject to the following conditions :
• The restrictions must have been provided for beforehand, preferably by law ;
• The restrictions must have a legitimate reason (national security, territorial integrity, public safety and security, rights and freedoms of others, etc) ;
• The restrictions must be necessary, i.e., without them the desired objective cannot be attained ; and
• The restrictions must be proportionate, i.e., adapted to the desired goal.

*See : Limitations, Universal Declaration of Human Rights.

85. Right to Education

Article 26 of the Universal Declaration of Human Rights recognizes the right to education : “Everyone has the right to education” and Article 13 of the International Covenant on Economic, Social and Cultural Rights sets out is terms. Before examining these terms, it is necessary to state that with regard to all the rights recognized by this Covenant, States Parties are not bound by the results but they are bound by the means. Article 2 states that “Each State Party to the present Covenant undertakes to take action … to the maximum of its available resources, with a view to achieving progressively the full realization of the rights recognized in the present Covenant …”.
The remarks of the Committee on Economic, Social and Cultural Rights on the nature of this right are very interesting. It notes that the right to education “has been variously classified as an economic right, a social right and a cultural right. It is all of these. It is also, in many ways, a civil right and a political right, since it is central to the full and effective realization of those rights as well. In this respect, the right to education epitomizes the indivisibility and interdependence of all human rights” (General Comment n°11, adopted at the 20th Session, 10 May 1999, E/C.12/1999/4). The Committee later came back to the right to education when it noted that “Education is both a human right in itself and an indispensable means of realizing other rights” (General Comment n° 13, adopted at the 21st Session, 8 December 1999, E/C.12/1999/10).
The different levels of education were not treated identically.
Primary education should be compulsory and free of charge for all. Moreover, by virtue of Article 14, States who fail to ensure primary education, must, within a period of two years, adopt a plan to progressively implement this right. In fact, General Comment n° 11 of the Committee on Economic, Social and Cultural rights was devoted to this obligation.
Secondary education, including technical and vocational education, should be made generally available and accessible to all with the progressive introduction of free secondary education. Higher education, foreseen as “according to individual competence”, should equally be subject to “the progressive introduction of free education”.
Finally, the same Article provides that basic education, i.e., education intended for persons “who have not received or completed their primary education”, must be encouraged and intensified.

*See : Child, Committee on Economic, Social and Cultural Rights, Economic, Social and Cultural Rights, Education Content and Objectives, Education (Primary Education), Education (Technical and Vocational), General Comment, Human Rights Defender, Human Rights Education, Special Rapporteur.

87. Special Rapporteur

This is a process created by the Commission on Human Rights. A person, usually an independent expert, is mandated to study in detail a specific issue or a specific country regarding human rights. The Commission appointed a Special Rapporteur on the Right to Education in August 1998. She has submitted a number of reports ; in particular, her Preliminary Report of 13 January 1999 (E/CN.4/1999/49), her Intermediary Report of 1 February 2000 (E/CN.4/2000/6), and her last Report of 11 January 2001 (E/CN.4/2001/52). Education, moreover, is substantially present in the work of two other Special Rapporteurs : the Special Rapporteur on Contemporary Forms of Racism, Racial Discrimination, Xenophobia and Related Intolerance and the Special Rapporteur on Religious Intolerance.

*See : Commission on Human Rights, Right to Education, Sub-commission on the Promotion and Protection of Human Rights, United Nations Organization.

90. Treaty

According to the Vienna Convention on the Law of Treaties of 23 May 1969, a treaty is “an international agreement concluded between States in written form and governed by international law, whether embodied in a single instrument or in two or more related instruments”. It can be bilateral (between two States) or multilateral (between more than two States). There are multiple uses of the term treaty and it does not necessarily correspond to a precise use. The terms that have been used are : Covenant (of the League of Nations, of the Arab League) ; Protocol (Additional Protocol to the Covenant on Civil and Political Rights) ; Charter (United Nations, Organization of African Unity) ; Constitution (this is the term used for the ILO constituent agreement), not to be confused with the internal Constitutions of States ; Convention (e.g., Elimination of All Forms of Racial Discrimination). States which ratify a treaty or adhere to it, are obliged to respect it.

*See : Adherence, Charter, Convention, Covenant, Entry into Force, Protocol, Reserve.

UNESCO is the acronym of the United Nations Educational, Scientific and Cultural Organization. It was created in 1945 and is based in Paris (France). In the preamble of its Constitution, States Parties declare :
“That since wars begin in the minds of men, it is in the minds of men that the defenses of peace must be constructed ;
That the ignorance of each other’s ways and lives has been a common cause, throughout the history of mankind, of that suspicion and mistrust between the peoples of the world through which their differences have all too often broken into war ;
That the great and terrible war which has now ended was a war made possible by the denial of the democratic principles of the dignity, equality and mutual respect of men, and by the propagation, in their place, through ignorance and prejudice, of the doctrine of the inequality of men and races ;
That the wide diffusion of culture, and the education of humanity for justice and liberty and peace are indispensable to the dignity of man and constitute a sacred duty which all the nations must fulfill in a spirit of mutual assistance and concern ;
That a peace based exclusively upon the economic and political arrangements of governments would not be a peace which could secure the unanimous, lasting and sincere support of the peoples of the world, and that the peace must therefore be founded, if it is not to fail, upon the intellectual and moral solidarity of mankind”.
For these reasons, the Organization declared that its purpose is to “contribute to peace and security by promoting collaboration among the nations through education, science and culture in order to further universal respect for justice, for the rule of law and for the human rights and fundamental freedoms which are affirmed for the peoples of the world, without distinction of race, sex, language or religion, by the Charter of the United Nations”.
Its principal bodies are the General Conference (composed of representatives of all Member States), Executive Board (composed of representative of 58 States elected by the General Conference) and the Secretariat, which is headed by a Director General. Theoretically, by virtue of Article IV, para. 1, the delegation of each State to the General Conference should be constituted after consultation with UNESCO National Commission or, when such a Commission does not exist, after consultation with educational, scientific and cultural institutions and
bodies.
Regarding UNESCO’s work, the General Conference adopts Conventions (2/3 majority vote) and Recommendations (simple majority vote). In both cases, States are bound to submit the texts that have been adopted by the Conference to the competent authorities in their respective countries. In 1978, the organization introduced a procedure to examine violations of human rights in its domains of competence, including education.

*See : Education Content and Objectives, Education (Primary Education), Education (Technical and Vocational), Educator/Teacher, Educator/Teacher (Higher Education), Freedom of Education, Human Rights Education, International Bureau of Education, International Conference on Education, International Organization, Non-discrimination, Recommendation, Right to Education, UNESCO Committee on Conventions and Recommendations.

Created in 1978 by UNESCO’s Executive Board (Decision 104EX/3.3), it was mandated to examine complaints concerning violations of human rights in the fields of UNESCO’s specialization, i.e., education, science, culture, information and communication. These violations may concern all agreements adopted by UNESCO, as well as United Nations instruments.
The Committee receives and examines communications from individuals, groups of persons or non-governmental organizations whether they themselves are victims of human rights violations or have witnessed such violations. Those concerned may be teachers, students and their parents, journalists, researchers, artists, etc. The submissions are indirect. Communications are to be addressed to UNESCO’s Director General, who to transmits them to the Committee. The complaints or, more specifically, the communications are subject to a certain number of conditions. The procedure is confidential and aims at finding a friendly solution to the conflict. Nevertheless, this solution should “favor the promotion of human rights that are within UNESCO’s fields of competence”.

*See : Communication, Freedom of Education, Human Rights, Submission, UNESCO.

94. United Nations Charter

This is a treaty signed in San Francisco (USA) on 26 June 1945, by which the United Nations Organization was created. In its preamble, Member States affirm their resolve :
“to save succeeding generations from the scourge of war, which twice in our lifetime has brought untold sorrow to mankind” ;
“to proclaim faith in fundamental human rights, in the dignity and worth of the human person, in the equal rights of men and women and nations large and small” ;
“to promote social progress and better standards of life in larger freedom” ;
“to practice tolerance and live together in peace with one another as good neighbors” ;
“to ensure, by the acceptance of principles and institutions of methods, that armed force shall not be used, save in the common interest”.

Human rights issues are addressed in a number of articles of this Charter :
Article 1 :
“The purposes of the United Nations are :
1. (…)
2. To develop friendly relations among nations based on respect for the principle of equal rights and self-determination of peoples, and to take other appropriate measures to strengthen universal peace ;
3. To achieve international co-operation in solving international problems of an economic, social, cultural or humanitarian character, and in promoting and encouraging respect for human rights and for fundamental freedoms for all without distinction as to race, sex, language, or religion”.
There is also Article 13, which enumerates the functions and powers of the General Assembly, and Article 62 that concerns the Economic and Social Council. Particular reference must be made to Article 55, which states that :
“With a view to the creation of conditions of stability and well being which are necessary for peaceful and friendly relations among nations based on respect for the principle of equal rights and self-determination of peoples, the United Nations shall promote :
(…)
c. universal respect for, and observation of, human rights and fundamental freedoms for all without distinction as to race, sex, language, or religion”.
It is on the basis of these principles that the United Nations system for the protection of human rights was established.
It must also be noted that the United Nations Charter overrides all other treaties. Article 103 stipulates that “In the event of a conflict between the obligations of the Members of the United Nations under the present Charter and their obligations under any other international agreement, their obligations under the present Charter shall prevail”.

*See : Commission on Human Rights, Economic and Social Council, High Commissioner for Human Rights, International Court of Justice, Recommendation, Resolution, Security Council, United Nations General Assembly, United Nations Organization, Universal, Universal Declaration of Human Rights.

95. United Nations Economic and Social Council (ECOSOC)

The Economic and Social Council is one of the main bodies of the United Nations Organization. It is composed of 54 members representing States that were elected by the General Assembly. The Council is the chief United Nations body that deals with economic and social matters. It may make recommendations with a view to ensuring effective respect of human rights and fundamental freedoms for all (Article 62, para. 2 of the United Nations Charter). It may establish Commissions on matters under its competence (Article 71). It is by this provision that the Council has created the Commission on Human Rights. The Council coordinates the United Nations activities with its specialized institutions, in particular the ILO and UNESCO. It receives reports from the various bodies that were created to monitor the implementation of human rights Conventions. It may consult with non-governmental organizations that address matters under its competence.

*See : Commission on Human Rights, Non-governmental Organization, Recommendation, Resolution, United Nations General Assembly, United Nations Organization.

96. United Nations General Assembly

This is one of the principal bodies of the United Nations Organization. It is composed of representatives of Member States and each State has one vote. It holds its annual session in New York (USA) in September. It adopts recommendations. It passes its decisions by either a two-thirds majority vote or by simple majority vote depending on the matter under consideration. By virtue of Article 13 para. 1 “The General Assembly shall initiate studies and make recommendations for the purpose of (…) promoting international co-operation in the economic, social, cultural, educational, and health fields, and assisting in the realization of human rights and fundamental freedoms for all without distinction as to race, sex, language, or religion”. It may create bodies as it considers necessary for the exercise of its functions. These bodies are known as subsidiary bodies.
The General Assembly has adopted a number of texts in the area of human rights. They are either Declarations, Covenants or Conventions that it has proposed to Member States for ratification.

*See : Convention, Declaration, Economic and Social Council, International Court of Justice, International Organization, Ratification, Recommendation, Resolution, United Nations Organization, Universal, Universal Declaration of Human Rights.

The United Nations Organization is the most important universal organization. Created by the Charter of the United Nations, signed in San Francisco (USA) on 26 June 1945, it brings together almost all the States of the world. Its founders gave it two principal objectives that guide all its activities. The first is to maintain international peace through a mechanism of collective security, and the second is economic and social progress for all peoples through cooperation and the respect of human rights.
Its principal bodies are :
• The General Assembly ;
• The Security Council ;
• The Economic and Social Council ;
• The International Court of Justice ;
• The General Secretariat ; and
• The Trusteeship Council
• These bodies may establish subsidiary bodies : Commissions, High Commissioners, Programs, Funds, etc.

*See : Commission on Human Rights, Economic and Social Council, High Commissioner for Human Rights, International Court of Justice, Security Council, United Nations Charter, United Nations General Assembly, Universal, Universal Declaration of Human Rights.

99. United Nations Security Council

This is one of the principal bodies of the United Nations Organization. It is charged with maintaining and preserving international peace and security. It is composed of 15 members. Five of them have permanent membership : China, France, Russia, the United Kingdom and the United States of America. Other members are elected by the General Assembly for a two-year period. The Council adopts its decisions by affirmative vote of nine members. Its decisions are known as resolutions. For the more important resolutions, the five permanent members have the right of veto, i.e., such resolutions cannot be adopted if one of the five is explicitly opposed.
Mandated to maintain international peace and security, the Security Council has important authority : political mediation between conflicting States and measures other than the use of force (suspension of economic and diplomatic relations, communications, etc.). It may also decide upon the use of force to establish peace. Although human rights matters are not within its competence, the Council may take decisions in this area when massive violations of human rights endanger international peace and security. This is what led it to create the International Criminal Tribunals for ex-Yugoslavia and Rwanda.

*See : International Court of Justice, International Criminal Tribunals, International Humanitarian Law, Resolution, United Nations General Assembly, United Nations Organization.

100. Universal

The universal character of human rights is an essential dimension. It is founded on the unity of mankind. The universality of human rights was laid down in the Universal Declaration of Human Rights and it was not just by chance that the Declaration was qualified as Universal. In its preamble, the Declaration makes reference to “the inherent dignity and the equal and inalienable rights of all members of the human family” and the Declaration has been proclaimed as a “common standard of achievement for all peoples and all nations”. It is with reference to this universality that the two first Articles of the Declaration are to be understood. The first Article addresses the principle of equality ; the second looks at its consequences : non-discrimination.
Article 1 : “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 :
“1. Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, color, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.
2. 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 is independent, trust, non-self-governing or under any other limitation of sovereignty.”
The adjective “universal” is also used to differentiate from regional. Thus, the United Nations human rights protection system is designated as universal because it is intended for all the States in the world. On the contrary, the African system, for example, is designated as regional because it only concerns the States of the African continent.

*See : Equality, Human Rights, Non-discrimination, Regional System, United Nations Charter, United Nations General Assembly, Universal Declaration of Human Rights.

101. Universal Declaration of Human Rights

The United Nations General Assembly adopted the Universal Declaration of Human Rights on 10 December 1948, following preparatory work by the Commission on Human Rights.
This is the first universal text that looks at human rights from a global perspective. Starting with this Declaration, little by little what is currently known as international human rights law has been constructed. Two of the first texts to be adopted were the International Covenant on Economic, Social and Cultural Rights and the International Covenant on Civil and Political Rights. Other international treaties followed to complete the construction. They concern either particular groups (such as women or children) or specific violations of human rights (torture and inhuman treatment, racial discrimination, etc.).
Originally, the Universal Declaration did not generate binding obligations upon States. It was adopted by a Resolution of the General Assembly. As a result of the progressive adherence to the Declaration, its integration into a number of regional and international treaties, and its incorporation into national constitutions by a growing number of States, it has acquired the value of obligatory.
Article 26 is devoted to the right to education. Extremely important, it declares that “everyone has the right to education”, and that education “shall be directed to the full development of the human personality and to the strengthening of respect for human rights and fundamental freedoms” and that “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”.

*See : Commission on Human Rights, Civil and Political Rights, Custom, Economic, Social and Cultural Rights, Education Content and Objectives, International Law, Recommendation, Resolution, Right to Education, United Nations General Assembly, United Nations Organization, Universal.