B. The Universal Declaration of Human Rights (UDHR)
6. The UDHR is premised on the fundamental principle that human rights are
based on the ‘inherent dignity of all members of the human family’ and are
the ‘foundation of freedom, justice and peace in the world’.4
7. The UDHR recognises that to be able to guarantee human dignity, both
economic and social, as well as civil and political, rights need to be included.
It contains, among others:
the right to life, liberty and security of person;
the right to an adequate standard of living;
the right to seek and to enjoy in other countries asylum from
persecution;
the right to own property;
the right to freedom of opinion and expression;
the right to education,
freedom of thought, conscience and religion and
the right to freedom from torture and degrading treatment.
8. Although the Declaration is not a legally binding document, it has inspired
many human rights treaties and other documents, which together constitute
an international standard of human rights. Many of its provisions are also
considered to be reflective of customary international law, and therefore
binding on states that have not signed up to some of the instruments
subsequently adopted.
C. The Human Rights Covenants
9. The International Covenant on Civil and Political Rights (ICCPR) and the
International Covenant on Economic, Social and Cultural Rights (ICESCR)
were adopted in 1966 and entered into force in 1976. They have both been
ratified by the State of Palestine.5 They were intended to provide legal effect
to the provisions in the UDHR. There are additional Protocols to these
Covenants that provide for additional rights and mechanisms of
accountability.
10. The ICCPR details the basic civil and political rights of individuals, and
duties attach to the state. Among the rights of the individual are:
The right to life
of national and regional peculiarities and various historical, cultural and religious backgrounds must
be borne in mind…’.
4 The Universal Declaration of Human Rights was adopted on December 10, 1948, by 56 members of
the United Nations ‘as a common standard of achievement for all people and nations’.
5 The State of Palestine deposited its instrument of ratification for both the ICCPR and ICESCR in
April 2014.
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