II. Development

1. Translation

Міжнародне співробітництво в галузі захисту прав людини дуже важливе для виживання світу в цілому. Протягом світової історії, особливо останніх двох століть, було підписано декілька декларацій та заключені міжнародні договори про права людини. Такі декларації та договори демонструють міжнародну увагу стосовно тих груп населення планети, що потребують особливого захисту їх прав та гідності. В різні часи було докладено певних зусиль людства стосовно підтримки прав людини – повна відміна рабства та праці рабів, захист прав жертв війни та військових, що поранені або хворі і вже не здатні до військової служби, надання рівних прав релігійним, мовним та расовим меншостям, знищення трудової дискримінації та примусової праці та інше.

На сучасному етапі, згідно з Конституцією нашої країни, права та свободи людини є невід’ємними і кожна особа наділяється ними вже за фактом свого народження та існування. Ці права захищаються і гарантуються Конституцією.

2. Find in the text the information on

a) changing the notion of human rights in the Constitution;

b) the bodies which guarantee the fundamental rights and freedoms stipulated by the Constitution.

3. A) Tell what personal non-property rights providing for the social existence of the physical entity are mentioned in the Civil Code of Ukraine;

b) Explain why it is humane to maintain rights of military wounded and sick of any side.

4. Make a plan of text 1 in the form of questions. Ask your partner to answer your questions.

5. Insert one of the following words into the text in an appropriate form.

to provide for, natural, inviolability, non-property, care, Civil, personal, right

A special part of the … Code is composed into a book entitled “Personal … rights of the physical entity”, and this shows how important … non-property rights are in the structure of the Civil Code. A separate chapter in the book is devoted to those rights which … the … existence of the individual such as the right to life, health … , medical assistance, … to freedom and … of a person, right to family, etc.

III. Practice and experience

1. A) Give the ground to the idea that military wounded and sick of any side at the time of war must be cared for and captured wounded must be sent home if they are incapable of military service.

b) Explain why the establishment of the International Military Tribunal for the Trial of German Major War Criminals by the victorious powers was very important from the political, social and humanitarian point of view.

2. Insert necessary words and word-combinations into the stories. Who tells these stories? What steps must be made internationally to maintain their rights?

a) captured, incapable of military service, wounded, rights

War is terrible. I was … in a night battle. My leg was bleeding and hand couldn’t move. I stayed on the field and waited for death. In a few hours, at dawn, I was … and taken to some place where I saw many wounded men …. Do we have any…? What will be with us?

b) rights, equal, religion and language, few, accepted, enjoy

We are too … here. I mean in this country. We have almost no …. Our … differ from those of the majority of this country, and this may be the reason that we are not … willingly by people and authorities here. We are not… before the law with them and we do not… the same political and civil rights as they do.

c) endowed with, enforced, slaves, work, protect

We … nearly day and night. We sleep very little, we almost always work. We are … no rights. Our labour is … and our master can sell any of us any moment. We are just …, and I am not sure that there is anybody who can… us.

3. From the text of Section 2 you know that the bodies which guarantee the fundamental rights and freedoms stipulated by the Constitution are: the Verkhovna Rada of Ukraine, the President of Ukraine, the Authorized Representative of the Verkhovna Rada of Ukraine on Human Rights, the Cabinet of Ministers, and other bodies of central executive power, the Constitutional Court of Ukraine, offices of the Prosecutor General, courts, local power and local self governments, advocates offices and other law-enforcement bodies. How can these organs protect and guarantee human rights and freedoms in fact?

IV. WRITING

If you had a right to participate in drafting the new Universal Declaration of Human Rights, what Articles would you suggest? What groups of world population are discriminated presently? Think about at least 5 Articles and write them down in English.

V. OVER TO YOU

1. Express your thoughts on the subject.

a) How do you understand the term “humanity” in international aspect?

b) Can we say that slave trade and enforced labour are eliminated in modern society?

c) What are the main non-property possessions of a person?

Unit 3 European Human Rights Review Section 1 International and Regional Programs on Human Rights

I. WARMING-UP

1. What do you know about international and regional organizations and their programs on human rights. Prove that these organizations play an important role in the life of humanity.

2. Match the following English words and expressions with their Ukrainian equivalents:

	charter		приймати
	covenant		договір
	trusteeship council		хартія, устав
	degrading treatment		принизливе поводження
	to inaugurate		опікунська рада

Read the text to understand what information on international and regional programs on human rights is of primary importance or new for you.

TEXT 1

INTERNATIONAL and REGIONAL PROGRAMS on HUMAN RIGHTS

International human rights law is considered a post-World War II phenomenon. Although ideas of rights and liberty have existed for much of human history and protection of some human rights at international level can be traced long before World War II. But modern international conceptions of human rights were developed as a result of the monstrous violations of human rights of the Hitler era and to the necessity of creating an effective international system for the protection of human rights. The famous speech “Four Freedoms”¹ made by Franklin D. Roosevelt in 1941 became the call of the nations to found the United Nations. The UN was established on 24 October 1945 by 51 countries committed to preserving peace through international cooperation and collective security. Today nearly every nation in the world belongs to this organization: membership now totals 192 countries. The United Nations has six nation organs. Five of them – the General Assembly, the Security Council, the Economic and Social Council (ECOSOC), the Trusteeship Council and the Secretariat – are based at the Headquarters in New York. The sixth, the International Court of Justice, is located in the Hague, the Netherlands. The United Nations inaugurated a human rights program, often referred to as the international Bill of Rights. It consists of the following documents, the titles of which generally describe some of the fundamental human rights: the 1948 Universal Declaration of Human Rights(UDHR); the 1966 International Covenant on Civil and Political Rights; the 1966 International Covenant on Economic, Social and Cultural Rights; the 1948 Covenant on the Prevention and Punishment of the Crime of Genocide and etc. But the 1945 United Nations Charter is the main document which proclaimed basic principle of human rights protection as one of the principle of international law.

The Universal Declaration is the first comprehensive human rights instrument to be proclaimed by a universal international organization. It is not a treaty. The Declaration was adopted by the UN General Assembly as a resolution having no force of law. It wasn’t signed. Its purpose is to provide “a common understanding” of the human rights and fundamental freedoms referred to in the UN Charter and to serve “as a common standard of achievement for all peoples and all nations”. The Universal Declaration proclaims two broad categories of rights: civil and political rights, on the one hand, and economic, social and cultural rights on the other. Its catalog of civil and political rights includes the right to life, liberty, and security of person; the prohibition of slavery, of torture and cruel, inhuman or degrading treatment; the right to a fair trial in both civil and criminal matters, the presumption of innocence etc. Important political rights are proclaimed in Art.21 of the declaration, including the individual’s right “to take part in the government of his|her country, directly or through freely chosen representatives”. The Declaration then proclaims the individual’s right to work and to ”protection against unemployment”, “to rest and leisure” (Art. 24), to “a standard of living adequate for the health and well-being”(Art. 25).

Regional systems. There are several regional human rights systems of protection of human rights: in Europe, Latin America and Africa. The Council of Europe represents one of the European organization. It is an intergovernmental regional organization, which was created as a respond to a proposal of W. Churchill by 10 European countries on 5 May 1949 in London. Nowadays the Council of Europe amounts 46 member states (2007). The main aims of the Council are to protect human rights, to work towards “greater unity between its members” through “agreements and common actions in economic, social, cultural, scientific, legal and administrative matters and in the maintenance and further realization of human rights and fundamental freedoms”. Among the main important legal agreements established within the framework of the Council of Europe are: the European Convention for the Protection of Human Rights and Fundamental Freedoms (the basic instrument which member states sign simultaneously with the Statute of the Council of Europe); the European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment; the European Social Charter; the Convention for the Protection of National Minorities. The very important mechanism of protection of human rights was created according to the European Convention on Human Rights and Fundamental Freedoms – European Court of Human Rights.

Latin American and African human rights norms are expressed in the Charter of the Organization of American States (OAS), the American Declaration of the Rights and Duties of Man, the American Convention on Human Rights (1978) and in the 1986 African Charter on Human and Peoples’ Rights. The human rights provisions of these documents are only statements of moral principles, not specific obligations. They have no enforcement powers.

Active vocabulary

adopt v prevention n

agreement n proclaim v

charter n protection n

convention n provide v

covenant n provision n

declaration n right ( human~) n

obligation n treaty n

violation n