In the United States, the term Bill of Rights is usually assumed to reference the first ten amendments to the Constitution, which list certain fundamental rights that are the foundation of American society. However, internationally, there are many more documents that, collectively, provide even greater rights than the U.S. Bill of Rights. One such collection is known as the International Bill of Rights or the International Bill of Human Rights. This is not a formally adopted name, but one that has developed through general usage and application over time.
The International Bill of Human Rights consists of three documents: the Universal Declaration of Human Rights; the International Covenant on Economic, Social and Cultural Rights; and the International Covenant on Civil and Political Rights. It also contains two optional protocols included under the umbrella of the International Covenant on Civil and Political Rights: the Optional Protocol to the International Covenant on Civil and Political Rights and the Second Optional Protocol to the International Covenant on Civil and Political Rights.
The Universal Declaration of Human Rights, adopted in 1948 by the United Nations General Assembly in Paris, France, is not a binding treaty. Rather, it is a statement of goals or intentions acknowledging many of the fundamental rights recognized in the world. These rights include equal rights and freedoms without regard to race, color, sex, language, religion, nationality, social origin, property, birth, or political opinion.
The International Covenant on Economic, Social and Cultural Rights, enacted in 1966 and taking force in 1976, provides for all people, without regard to their status, the right to freely pursue their economic, social, and cultural development. This includes the right to choose the type of work one does, remuneration for that work, fair wages, equal pay for all without regard to sex, safe and healthy working conditions, and reasonable rest and leisure time. The right to unionize is also acknowledged, as are protections for the family. All people are recognized to have the right to adequate food, shelter, and clothing and the right to physical and mental health. The right to education is mandated to include free primary education and higher education equally accessible to all people.
The International Covenant on Civil and Political Rights, enacted in 1966 and taking force in 1976, recognizes many of the rights listed in the U.S. Bill of Rights. These rights include liberty, security of the person, right to a prompt trial, right to an appeal, protection from torture, freedom of movement, due process of law, equal protection of law, right to marry, freedom of religion, freedom of association, freedom of expression, right to vote and participate in government, and freedom from discrimination on the bases recognized in the Universal Declaration of Human Rights.
The Optional Protocol to the International Covenant on Civil and Political Rights provides the authority for the Human Rights Committee of the United Nations to receive communications from individuals concerning the violation of the International Covenant on Civil and Political Rights. The Second Optional Protocol to the International Covenant on Civil and Political Rights concerns the death penalty. It prohibits any signatory to the Second Optional Protocol from executing any person.
Although admirable in the breadth and scope of the rights that are guaranteed under them, the documents that are part of the International Bill of Human Rights are extremely difficult to enforce. Some nations, such as the United States, adopt certain reservations that severely restrict their enforcement domestically. And even for those nations that have adopted them, enforcement is difficult, as the United Nations lacks any executive enforcement organs such as an international police force or standing military. However, this does not mean that the bill is not without value. It provides nations with goals they can achieve to attain the benchmark of human rights contained in the documents.
Bibliography:
- International Covenant on Civil and Political Rights. 1976.
- International Covenant on Economic, Social and Cultural Rights. 1976.
- Lawson, Edward Jan, ed. Encyclopedia of Human Rights. London: Taylor and Francis, 1991.
- Office of the United Nations High Commissioner for Human Rights, www2.0hchr.org/english/law/ (accessed November 5, 2009).
- Optional Protocol to the International Covenant on Civil and Political Rights. 1976.
- Second Optional Protocol to the International Covenant on Civil and Political Rights. 1976.
- Universal Declaration of Human Rights. 1948. U.S. Bill of Rights. 1791.
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