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Topic: American Declaration of the Rights and Duties of Man


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In the News (Wed 17 Apr 19)

  
  University of Minnesota Human Rights Library
Rights and duties are interrelated in every social and political activity of man. While rights exalt individual liberty, duties express the dignity of that liberty.
Right to the inviolability and transmission of correspondence
The right to an education includes the right to equality of opportunity in every case, in accordance with natural talents, merit and the desire to utilize the resources that the state or the community is in a position to provide.
www1.umn.edu /humanrts/oasinstr/zoas2dec.htm   (1718 words)

  
 Inter-American Commission on Human Rights - Wikipedia, the free encyclopedia
The inter-American system for the protection of human rights emerged with the adoption of the American Declaration of the Rights and Duties of Man in April 1948 – the first international human rights instrument of a general nature, predating the Universal Declaration of Human Rights by more than six months.
In 1969, the guiding principles behind the American Declaration were taken, reshaped, and restated in the American Convention on Human Rights.
The Convention defines the human rights that the states parties are required to respect and guarantee, and it also ordered the establishment of the Inter-American Court of Human Rights.
en.wikipedia.org /wiki/Inter-American_Commission_on_Human_Rights   (772 words)

  
 University of Minnesota Human Rights Library
Interpretation of the American Declaration of the Rights and Duties of Man
A declaration creates political or moral obligations for the subjects of international law, and its enforceability is thus limited in contrast to a treaty, whose legal obligations are enforceable before a jurisdictional body.
The mere fact that the Declaration is not a treaty does not necessarily compel the conclusion that the Court lacks the power to render an advisory opinion containing an interpretation of the American Declaration.
www1.umn.edu /humanrts/iachr/b_11_4j.htm   (3134 words)

  
 Human Rights Learning Centre: Study Guide on the Inter-American Human Rights System
The main duty of the Commission on Human Rights is to hear and oversee petitions that have been made against a member state of the OAS claiming a human rights abuse.
Even if the rights violated in a petition qualify as derogable in distinct circumstances, it may still be a valid petition, if the government had failed to prove the rights suspension necessary, or the rights suspension was unnecessarily broad, or if the suspension was unnecessarily discriminatory, or if the suspension violated other state international agreements.
Indigenous populations are granted the right to land, to develop that land, the right to intellectual property, and labor rights.
www.hrea.org /learn/guides/OAS.html   (4816 words)

  
 Proposed Declaration of Indigenous Rights, English   (Site not responding. Last check: 2007-10-22)
This Declaration applies to indigenous peoples as well as to peoples whose social, cultural and economic conditions distinguish them from other sectors of the national community, and whose status is regulated wholly or in part by their own customs or traditions or by special laws or regulations.
Indigenous peoples have the right to such special guarantees against discrimination as may be required for full enjoyment of internationally and nationally recognized human rights, and as to any measures necessary to enable indigenous women, men and children to exercise their, civil, political, economic, social, cultural and spiritual rights without any discrimination.
Indigenous peoples have the right to restitution of the lands, territories, and resources which they have traditionally owned or otherwise occupied or used, and which have been confiscated, occupied, used or damaged; or when restitution is not possible, the right to compensation on a basis no less favorable than the standard set by international law.
www.summit-americas.org /Indigenous/Indigenous-Declaration-end.htm   (3324 words)

  
 Proposed American Declaration on the Rights of Indigenous Peoples
This Declaration applies to indigenous peoples as well as peoples whose social, cultural and economic conditions distinguish them from other sections of the national community, and whose status is regulated wholly or partially by their own customs or traditions or by special laws or regulations.
Indigenous peoples have the right to special guarantees against discrimination that may have to be instituted to fully enjoy internationally and nationally-recognized human rights; as well as measures necessary to enable indigenous women, men and children to exercise, without any discrimination, civil, political, economic, social, cultural and spiritual rights.
Indigenous peoples have the right to their cultural integrity, and their historical and archeological heritage, which are important both for their survival as well as for the identity of their members.
www.dialoguebetweennations.com /OASdeclaration/english/comparative.htm   (7029 words)

  
 Inter-American Human Rights Database
A Declaration that does not expressly limit the circumstances under which the death penalty may be imposed may not be interpreted as foreclosing the reasonable discretion of the American states to determine for themselves the minimum age at which imposition of the death penalty is appropriate.
For the purpose of the Statute, human rights are understood to be the rights set forth in the American Declaration in relation to States not parties to the American Convention on Human Rights (San José, 1969).
The erroneous interpretation of the 1948 American Declaration of the Rights and Duties of Man led the Commission to conclude that the Declaration prohibits the death penalty with respect to minors under 18 years of age when this conclusion cannot be drawn from either the letter or spirit of the Declaration.
www.wcl.american.edu /humright/digest/1986/res0387.cfm   (12247 words)

  
 Religious Rights - American Declaration of the Rights and Duties of Man   (Site not responding. Last check: 2007-10-22)
Religious Rights - American Declaration of the Rights and Duties of Man
The American Declaration of the Rights and Duties of Man was adopted by the Ninth International Conference of American States of the Organization of American States in Bogota, Columbia, on 2 May 1948.
The full text version of the American Declaration can be found in English at the Organization of American States Internet site.
www.unesco.org /most/rr4am1.htm   (163 words)

  
 women's link worldwide - case law | Inter-American Commission on Human Rights : Brazil - Case number 12.051
(Maria ...
Despite the fact that the assaults alleged in the petition occurred before the American Convention and the Convention of Belém do Pará had entered into force, the Commission found that the events constituted an on-going violation whose effects were felt after the date on which Brazil acceded to the treaties.
It recommended: that criminal proceedings be instituted against the perpetrator, that an investigation be undertaken regarding the unwarranted delays in prosecuting the case, that the victim be compensated, and that the judicial reform process be expanded to include domestic violence awareness trainings as well as special mechanisms for victims of domestic violence.
The right to have equal access to the public service of her country and to take part in the conduct of public affairs, including decision-making.
www.womenslinkworldwide.org /co_reg_iacchr_fernandes.html   (2251 words)

  
 Without Impunity - vii.n.2 - The Revolution of Dignity
The American Declaration on the Rights and Duties of Man was not born as a binding instrument with the purpose of setting forth legal obligations.
No less important is its clear conceptualization about the correlation that must exist between rights and duties, as this is an essential requirement to achieve a social climate that guarantees the efficient rule of all human rights.
Thus, the cause of human rights, plagued as it is by lack of understanding and political manipulation, has greatly contributed to the democratic development of nations and the recognition of the dignity inherent in each person.
www.derechos.org /wi/2/revo.html   (739 words)

  
 Untitled Document
Their view was that the juridical nature of the American Declaration is such that the Court has authority to render advisory opinions on its proper interpretation.
The Court nevertheless determined that the Declaration's "juridical" or legal nature, in relation to the later treaty (American Convention), did establish legal norms—vesting this international human rights court with the requisite authority (a) to interpret the Declaration, and (b) to define how it applies to OAS member States.
That is the case, for example, with the duty to respect certain essential human rights, which is today [a duty that also empowers international courts to use pretreaty declarations of intent to interpret current human rights obligations].
home.att.net /~slomansonb/AmDecHR.html   (1773 words)

  
 Using International Human Rights Law to Advance Queer Rights: A Case Study for the American Declaration of the Rights ...
The American Declaration had been invoked because the state of Texas was denying the use of state funds to educate persons who were neither citizens of the United States nor lawfully admitted residents.
Although the American Declaration was not a treaty, the court nonetheless found that it is a source of legal obligation related to the OAS Charter.
The American Declaration thus can be a source of legal obligation for the United States and other members of the OAS that have not ratified the American Convention on Human Rights.
www.law-lib.utoronto.ca /Diana/fulltext/wojc.htm   (6143 words)

  
 Both the American Declaration on the Rights and Duties of Man and the American Convention on Human Rights should be ...
We, the undersigned human rights organizations, respectfully request a hearing before the Commission commencing in February 2005 so that the Commission may consider more fully the status of the right to adequate housing in the Americas, with a particular focus on Brazil, Canada, and the United States.
Both the American Declaration on the Rights and Duties of Man (American Declaration) and the American Convention on Human Rights (American Convention) require member states to respect, protect, and fulfill the right to adequate housing.
U.S. has yet to ratify the American Convention, as a signatory it and its political subdivisions are still legally bound not to defeat the object and purpose of that Convention.
www.economichumanrights.org /updates/OASLetterfinal.htm   (1849 words)

  
 Regional Human Rights Systems
With the recent replacement of the Organization of African Unity (OAU) by the African Union (AU), the African system is in a state of transition and is in the process of redefining the roles and functions of the new AU bodies.
Regional human rights bodies may also be empowered to appoint Special Rapporteurs to gather information on a particular human rights issue, conduct investigations and undertake human rights research and educational programmes (for further details on Special Rapporteurs, see the "International Human Rights System" chapter of this guide).
American Declaration of the Rights and Duties of Man, 2 May 1948, Res.
www.hri.ca /fortherecordcanada/vol1/guide-part_4.htm   (940 words)

  
 AG/RES. 1635 (XXIX-O/99)
HAVING SEEN the report of the Permanent Council on the American Declaration of the Rights and Duties of Man (CP/CAJP-1523/99 corr.
Bearing in mind that, in 1948, the Ninth International Conference of American States adopted the American Declaration of the Rights and Duties of Man, which is based on human dignity, essential human rights, duties, and the need to create increasingly favorable conditions for the full observance of those values;
RECALLING that Article II of the Declaration provides that "all persons are equal before the law and have the rights and duties established in this Declaration, without distinction as to race, sex, language, creed or any other factor"; and
www.oas.org /juridico/english/ga-res99/eres1635.htm   (215 words)

  
 American Declaration of the Rights and Duties... - Wikipedia, the free encyclopedia
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en.wikipedia.org /wiki/American_Declaration_of_the_Rights_and_Duties...   (184 words)

  
 REPORT No. 86/99 CASE No. 11,589 ">ARMANDO ALEJANDRE, JR., CARLOS COSTA, MARIO DE LA PEÑA AND PABLO MORALES ...
The human rights standards which have been generally accepted and which, therefore, are incorporated into the laws of nations include basic rights such as the right not to be murdered, tortured, or in any way subjected to cruel, inhumane, or degrading punishment, and the right not to be detained arbitrarily.
The fundamental rights of the person are proclaimed in the Americas on the basis of the principle of equality and non-discrimination: "regardless of race, nationality, creed, or sex." Since individual rights are inherent to the human person, all the American States are obliged to respect the protected rights of any person subject to their jurisdiction.
In the case sub lite, the petitioners stated that their complaints were governed by the provisions of the American Declaration of the Rights and Duties of Man. In analyzing the facts, the Commission finds that the victims died as a consequence of direct actions of agents of the Cuban State in international air space.
www.fiu.edu /~fcf/oasfeb24rep.html   (5982 words)

  
 Basic Documents - American Declaration   (Site not responding. Last check: 2007-10-22)
by the Ninth International Conference of American States,
Every person has the right to work, under proper conditions, and to follow his vocation freely, insofar as existing conditions of employment permit.
Every person accused of an offense has the right to be given an impartial and public hearing, and to be tried by courts previously established in accordance with pre-existing laws, and not to receive cruel, infamous or unusual punishment.
www.cidh.oas.org /Basicos/basic2.htm   (1702 words)

  
 AMERICAN DECLARATION OF THE RIGHTS AND DUTIES OF MAN
TAKING INTO ACCOUNT the opinion of the Inter-American Juridical Committee on the draft protocol of amendment to the OAS Charter and on the draft resolution on amendment of the American Declaration of the Rights and Duties of Man (CJI/doc.30/98 rev. 2), dated March 18, 1998,
To study within the Permanent Council and to propose, if appropriate, changing the title "American Declaration of the Rights and Duties of Man" to "American Declaration of the Rights and Duties of Persons," or any other agreed term, and replacing the word "man" in the text with "person," or any other agreed term, where appropriate.
To request the Permanent Council to report on the fulfillment of this mandate to the General Assembly at its twenty-ninth regular session.
www.oas.org /juridico/english/ga-res98/eres1591.htm   (270 words)

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