个人、群体和社会机构在促进和保护普遍公认的人权和基本自由方面的权利和义务宣言（英文版）
Adopted by General Assembly
resolution 53/144 of 9 December 1998
The General Assembly,
Reaffirming the importance of the observance of the purposes and principles of
the Charter of the United Nations for the promotion and protection of all human
rights and fundamental freedoms for all persons in all countries of the world,
Reaffirming also the importance of the Universal Declaration of Human Rights and the
International Covenants on Human Rights as basic elements of international
efforts to promote universal respect for and observance of human rights and
fundamental freedoms and the importance of other human rights instruments
adopted within the United Nations system, as well as those at the regional
level,
Stressing that all members of the international community shall fulfil,
jointly and separately, their solemn obligation to promote and encourage
respect for human rights and fundamental freedoms for all without distinction
of any kind, including distinctions based on race, colour, sex, language,
religion, political or other opinion, national or social origin, property,
birth or other status, and reaffirming the particular importance of achieving
international cooperation to fulfil this obligation according to the Charter,
Acknowledging the important role of international cooperation for, and the
valuable work of individuals, groups and associations in contributing to, the
effective elimination of all violations of human rights and fundamental
freedoms of peoples and individuals, including in relation to mass, flagrant or
systematic violations such as those resulting from apartheid, all forms of
racial discrimination, colonialism, foreign domination or occupation,
aggression or threats to national sovereignty, national unity or territorial
integrity and from the refusal to recognize the right of peoples to
self-determination and the right of every people to exercise full sovereignty
over its wealth and natural resources,
Recognizing the relationship between international peace and security and the
enjoyment of human rights and fundamental freedoms, and mindful that the
absence of international peace and security does not excuse non-compliance,
Reiterating that all human rights and fundamental freedoms are universal,
indivisible, interdependent and interrelated and should be promoted and
implemented in a fair and equitable manner, without prejudice to the
implementation of each of those rights and freedoms,
Stressing that the prime responsibility and duty to promote and protect human
rights and fundamental freedoms lie with the State,
Declares:
Article
1
Everyone has the right, individually and in
association with others, to promote and to strive for the protection and
realization of human rights and fundamental freedoms at the national and
international levels.
Article
2
1. Each State has a prime responsibility and duty
to protect, promote and implement all human rights and fundamental freedoms, inter
alia, by adopting such steps as may be necessary to create all conditions
necessary in the social, economic, political and other fields, as well as the
legal guarantees required to ensure that all persons under its jurisdiction,
individually and in association with others, are able to enjoy all those rights
and freedoms in practice.
2. Each State shall adopt such legislative,
administrative and other steps as may be necessary to ensure that the rights
and freedoms referred to in the present Declaration are effectively guaranteed.
Article
3
Domestic law consistent
with the Charter of the United Nations and other international obligations of
the State in the field of human rights and fundamental freedoms is the
juridical framework within which human rights and fundamental freedoms should
be implemented and enjoyed and within which all activities referred to in the
present Declaration for the promotion, protection and effective realization of
those rights and freedoms should be conducted.
Article
4
Nothing in the present
Declaration shall be construed as impairing or contradicting the purposes and
principles of the Charter of the United Nations or as restricting or derogating
from the provisions of the Universal Declaration of Human Rights, the
International Covenants on Human Rights and other international instruments and
commitments applicable in this field.
Article
5
For the purpose of promoting and protecting human
rights and fundamental freedoms, everyone has the right, individually and in
association with others, at the national and international levels:
(a) To meet or
assemble peacefully;
(b) To form, join
and participate in non-governmental organizations, associations or groups;
(c) To communicate
with non-governmental or intergovernmental organizations.
Article
6
Everyone has the right, individually and in
association with others:
(a) To know, seek, obtain, receive and
hold information about all human rights and fundamental freedoms, including
having access to information as to how those rights and freedoms are given
effect in domestic legislative, judicial or administrative systems;
(b) As provided for
in human rights and other applicable international instruments, freely to
publish, impart or disseminate to others views, information and knowledge on
all human rights and fundamental freedoms;
(c) To study, discuss, form and hold
opinions on the observance, both in law and in practice, of all human rights
and fundamental freedoms and, through these and other appropriate means, to
draw public attention to those matters.
Article
7
Everyone has the right, individually and in
association with others, to develop and discuss new human rights ideas and
principles and to advocate their acceptance.
Article
8
1. Everyone has the right, individually and in
association with others, to have effective access, on a non-discriminatory
basis, to participation in the government of his or her country and in the
conduct of public affairs.
2. This includes, inter alia, the right,
individually and in association with others, to submit to governmental bodies
and agencies and organizations concerned with public affairs criticism and
proposals for improving their functioning and to draw attention to any aspect
of their work that may hinder or impede the promotion, protection and
realization of human rights and fundamental freedoms.
Article
9
1. In the exercise of
human rights and fundamental freedoms, including the promotion and protection
of human rights as referred to in the present Declaration, everyone has the
right, individually and in association with others, to benefit from an
effective remedy and to be protected in the event of the violation of those
rights.
2. To this end, everyone whose rights or freedoms
are allegedly violated has the right, either in person or through legally
authorized representation, to complain to and have that complaint promptly
reviewed in a public hearing before an independent, impartial and competent
judicial or other authority established by law and to obtain from such an
authority a decision, in accordance with law, providing redress, including any
compensation due, where there has been a violation of that person’s rights or
freedoms, as well as enforcement of the eventual decision and award, all
without undue delay.
3. To the same end,
everyone has the right, individually and in association with others, inter
alia:
(a) To complain about the policies and
actions of individual officials and governmental bodies with regard to
violations of human rights and fundamental freedoms, by petition or other
appropriate means, to competent domestic judicial, administrative or
legislative authorities or any other competent authority provided for by the
legal system of the State, which should render their decision on the complaint
without undue delay;
(b) To attend public hearings, proceedings
and trials so as to form an opinion on their compliance with national law and
applicable international obligations and commitments;
(c) To offer and
provide professionally qualified legal assistance or other relevant advice and
assistance in defending human rights and fundamental freedoms.
4. To the same end, and in accordance with
applicable international instruments and procedures, everyone has the right,
individually and in association with others, to unhindered access to and
communication with international bodies with general or special competence to
receive and consider communications on matters of human rights and fundamental
freedoms.
5. The State shall conduct
a prompt and impartial investigation or ensure that an inquiry takes place
whenever there is reasonable ground to believe that a violation of human rights
and fundamental freedoms has occurred in any territory under its jurisdiction.
Article
10
No one shall participate, by act or by failure to
act where required, in violating human rights and fundamental freedoms and no
one shall be subjected to punishment or adverse action of any kind for refusing
to do so.
Article
11
Everyone has the right, individually and in
association with others, to the lawful exercise of his or her occupation or
profession. Everyone who, as a result of his or her profession, can affect the
human dignity, human rights and fundamental freedoms of others should respect
those rights and freedoms and comply with relevant national and international
standards of occupational and professional conduct or ethics.
Article
12
1. Everyone has the right, individually and in
association with others, to participate in peaceful activities against
violations of human rights and fundamental freedoms.
2. The State shall take all necessary measures to
ensure the protection by the competent authorities of everyone, individually
and in association with others, against any violence, threats, retaliation, de
facto or de jure adverse discrimination,
3. In this connection,
everyone is entitled, individually and in association with others, to be
protected effectively under national law in reacting against or opposing,
through peaceful means, activities and acts, including those by omission,
attributable to States that result in violations of human rights and
fundamental freedoms, as well as acts of violence perpetrated by groups or
individuals that affect the enjoyment of human rights and fundamental freedoms.
Article
13
Everyone has the right,
individually and in association with others, to solicit, receive and utilize
resources for the express purpose of promoting and protecting human rights and
fundamental freedoms through peaceful means, in accordance with article 3 of
the present Declaration.
Article
14
1. The State has the
responsibility to take legislative, judicial, administrative or other
appropriate measures to promote the understanding by all persons under its
jurisdiction of their civil, political, economic, social and cultural rights.
2. Such measures shall
include, inter alia:
(a) The publication
and widespread availability of national laws and regulations and of applicable
basic international human rights instruments;
(b) Full and equal
access to international documents in the field of human rights, including the
periodic reports by the State to the bodies established by the international
human rights treaties to which it is a party, as well as the summary records of
discussions and the official reports of these bodies.
3. The State shall ensure
and support, where appropriate, the creation and development of further
independent national institutions for the promotion and protection of human
rights and fundamental freedoms in all territory under its jurisdiction,
whether they be ombudsmen, human rights commissions or any other form of
national institution.
Article
15
The State has the
responsibility to promote and facilitate the teaching of human rights and
fundamental freedoms at all levels of education and to ensure that all those
responsible for training lawyers, law enforcement officers, the personnel of
the armed forces and public officials include appropriate elements of human
rights teaching in their training programme.
Article
16
Individuals,
non-governmental organizations and relevant institutions have an important role
to play in contributing to making the public more aware of questions relating
to all human rights and fundamental freedoms through activities such as
education, training and research in these areas to strengthen further, inter
alia, understanding, tolerance, peace and friendly relations among nations
and among all
Article
17
In the exercise of the
rights and freedoms referred to in the present Declaration, everyone, acting
individually and in association with others, shall be subject only to such
limitations as are in accordance with applicable international obligations and
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.
Article
18
1. Everyone has duties towards and within the
community, in which alone the free and full development of his or her
personality is possible.
2. Individuals, groups,
institutions and non-governmental organizations have an important role to play
and a responsibility in safeguarding democracy, promoting human rights and
fundamental freedoms and contributing to the promotion and advancement of
democratic societies, institutions and processes.
3. Individuals, groups,
institutions and non-governmental organizations also have an important role and
a responsibility in contributing, as appropriate, to the promotion of the right
of everyone to a social and international order in which the rights and
freedoms set forth in the Universal Declaration of Human Rights and other human
rights instruments can be fully realized.
Article
19
Nothing in the present
Declaration shall be interpreted as implying for any individual, group or organ
of society or any State the right to engage in any activity or to perform any
act aimed at the destruction of the rights and freedoms referred to in the
present Declaration.
Article
20
Nothing in the present
Declaration shall be interpreted as permitting States to support and promote
activities of individuals, groups of individuals, institutions or
non-governmental organizations contrary to the provisions of the Charter of the
United Nations.
