• ISSUES IN HUMAN RIGHTS
POST VIENNA DECLARATION
1993
• Heru Susetyo, SH. LL.M. M.Si. Ph.D
Timeline of human rights
UN CHARTER
1945
UDHR 1948
ICCPR &
ICESCR 1966
VIENNA
DECLARATION
1993
•2013 Theme:
•20 Years Working for
Your Rights
• "As we commemorate the 20th anniversary
of the Vienna Declaration and Programme of
Action, let us intensify our efforts to fulfill our
collective responsibility to promote and
protect the rights and dignity of all people
everywhere."
• UN Secretary-General Ban Ki-moon
• The UN General Assembly proclaimed 10
December as Human Rights Day in 1950, to
bring to the attention ‘of the peoples of the
world’ the Universal Declaration of Human
Rights as the common standard of
achievement for all peoples and all nations.
• WORLD CONFERENCE OF HUMAN RIGHTS
• VIENNA, 1993
• On 25 June 1993, representatives of 171 States
adopted by consensus the Vienna Declaration and
Programme of Action (VDPA) of the World
Conference on Human Rights, thus successfully
closing the two-week World Conference and
presenting to the international community a
common plan for the strengthening of human rights
work around the world.
Vienna Declaration 1993
• The World Conference on Human Rights reaffirms
the solemn commitment of all States to fulfil their
obligations to promote universal respect for, and
observance and protection of, all human rights and
fundamental freedoms for all in accordance with the
Charter of the United Nations, other instruments
relating to human rights, and international law. The
universal nature of these rights and freedoms is
beyond question.
• 5. All human rights are universal, indivisible and
interdependent and interrelated. The international
community must treat human rights globally in a fair
and equal manner, on the same footing, and with the
same emphasis. While the significance of national
and regional particularities and various historical,
cultural and religious backgrounds must be borne in
mind, it is the duty of States, regardless of their
political, economic and cultural systems, to promote
and protect all human rights and fundamental
freedoms.
Human Rights are…
UNIVERSAL
INTERDEPENDENT
INTERRELATED
INDIVISIBLE
Treat human rights globally…
Fair & Equal
manner
Same
footing
Same
emphasis
Duty of
states
• 10. The World Conference on Human Rights
reaffirms the right to development, as
established in the Declaration on the Right to
Development, as a universal and inalienable
right and an integral part of fundamental
human rights.
What is inalienable rights?
• Pasal 28I
(1) Hak untuk hidup, hak untuk tidak disiksa, hak
kemerdekaan pikiran dan hati nurani, hak
beragama, hak untuk tidak diperbudak, hak untuk
diakui sebagai pribadi di hadapan hukum, dan hak
untuk tidak dituntut atas dasar hukum yang
berlaku surut adalah hak asasi manusia yang tidak
dapat dikurangi dalam keadaan apa pun.
• 15. Respect for human rights and for fundamental freedoms
without distinction of any kind is a fundamental rule of
international human rights law. The speedy and
comprehensive elimination of all forms of racism and racial
discrimination, xenophobia and related intolerance is a
priority task for the international community. Governments
should take effective measures to prevent and combat them.
Groups, institutions, intergovernmental and nongovernmental organizations and individuals are urged to
intensify their efforts in cooperating and coordinating their
activities against these evils.
EMERGING PROBLEMS
RACISM
RACIAL DISCRIMINATION
XENOPHOBIA
• 18. The human rights of women and of
the girl-child are an inalienable, integral
and indivisible part of universal human
rights. The full and equal participation of
women in political, civil, economic, social
and cultural life, at the national, regional
and international levels, and the
eradication of all forms of discrimination
on grounds of sex are priority objectives
of the international community.
UN & HUMAN RIGHTS 20 YEARS AFTER
VIENNA DECLARATION
1. Economic, social, cultural, civil, and political rights and the right to development
are recognized as universal, indivisible, and mutually reinforcing rights of all
human beings, without distinction. Non-discrimination and equality have been
increasingly reaffirmed as fundamental principles of international human rights
law and essential elements of human dignity.
2. Human rights have become central to the global conversation regarding peace,
security and development.
3. New human rights standards have built on the 1948 Universal Declaration of
Human Rights and the implementation of international human rights treaties is
significantly improved.
4. Additional explicit protections in international law now exist covering, among
others, children, women, victims of torture, persons with disabilities, and
regional institutions. Where there are allegations of breaches, individuals can
bring complaints to the international human rights treaty bodies.
5. Women’s rights are now acknowledged as fundamental human rights.
Discrimination and acts of violence against women are at the forefront of the
human rights discourse.
6.There is global consensus that serious violations of human rights must not
go unpunished. Victims have the right to claim justice, including within
processes to restore the rule of law following conflicts. The International
Criminal Court brings perpetrators of war crimes and crimes against humanity
to justice.
7. There has been a paradigm shift in the recognition of the human rights of
people with disabilities, especially and crucially, their right to effective
participation in all spheres of life on an equal basis with others.
8. There is now an international framework that recognizes the challenges
facing migrants and their families which guarantees their rights and those of
undocumented migrants.
9. The rights of lesbians, gays, bisexuals and transgender individuals have
been placed on the international agenda.
10. The challenges facing indigenous peoples and minorities are increasingly
being identified and addressed by the international human rights
mechanisms, especially with respect to their right to non-discrimination.
11. The Human Rights Council, set up in 2006, has addressed vital and
sensitive issues and its Universal Periodic Review, established in the same
year, has allowed countries to assess each other’s human rights records, make
recommendations and provide assistance for improvement.
12. Independent human rights experts and bodies monitor and investigate
from a thematic or country-specific perspective. They cover all rights in all
regions, producing hard-hitting public reports that increase accountability and
help fight impunity.
13. States and the United Nations recognize the pivotal role of civil society in the
advancement of human rights. Civil society has been at the forefront of human rights
promotion and protection, pinpointing problems and proposing innovative solutions,
pushing for new standards, contributing to public policies, giving voice to the powerless,
building worldwide awareness about rights and freedoms and helping to build sustainable
change on the ground.
14.There is heightened awareness and growing demand by people worldwide for greater
transparency and accountability from government and for the right to participate fully in
public life.
15.National human rights institutions have become more independent and authoritative
and have a powerful influence on governance. Over a third of all countries have established
one or more such institutions.
16.The United Nations Fund for Victims of Torture has assisted hundreds of thousands of
victims of torture to rebuild their lives. Likewise, the United Nations Voluntary Trust Fund
on Contemporary Forms of Slavery, with its unique victim-oriented approach, has provided
humanitarian, legal, and financial aid to individuals whose human rights have been violated
through more than 500 projects.
17.Victims of trafficking are now regarded as entitled to the full
range of human rights and are no longer perceived to be
criminals.
18. A growing consensus is emerging that business enterprises
have human rights responsibilities.
19. There are now guidelines for States which support freedom
of expression while defining where speech constitutes a direct
incitement to hatred or violence.
20. The body of international human rights law continues to
evolve and expand, to address emerging human rights issues
such as the rights of older persons, the right to the truth, a
clean environment, water and sanitation, and food.
Human Rights is not unlimited
• Pasal 28J
(1) Setiap orang wajib menghormati hak asasi manusia
orang lain dalam tertib kehidupan bermasyarakat,
berbangsa, dan bernegara.
•
(2) Dalam menjalankan hak dan kebebasannya, setiap
orang wajib tunduk kepada pembatasan yang
ditetapkan dengan undang-undang dengan maksud
semata-mata untuk menjamin pengakuan serta
penghormatan atas hak dan kebebasan orang lain dan
untuk memenuhi tuntutan yang adil sesuai dengan
pertimbangan moral, nilai-nilai agama, keamanan, dan
ketertiban umum dalam suatu masyarakat demokratis.