236
A child is defined in the UNCRC as a person under the age of 18 years. The Preamble of the UNCRC acknowledges the family as the fundamental unit of society and the natural environment for the growth and well-being of children. The Preamble also states that the family should be afforded the nec-
essary protection and assistance so that it can fully assume its responsibilities within the community.
Each of the substantive articles, Articles 1-41, details a different type of right.
Within the UNCRC, four articles are afforded special emphasis, as they are basic to the implementation of all other rights. These four articles are often referred to as 'general principles'. These are:
that all the rights guaranteed by the UNCRC must be available to all children without discrimination of any kind (Article 2);
that the best interests of the child must be a primary consideration in all actions concerning children (Article 3);
that every child has the right to life, survival and development (Article 6); and that the child’s view must be considered and taken into account in all matters affecting him or her (Article 12).
Exercise 10. Group these children's rights under the following themes.
Survival |
Development |
Protection |
Participation |
rights |
rights |
rights |
rights |
1. children's freedom to express opinions, to have a say in matters affecting their own lives, to join associations and to assemble peacefully. As their abilities develop, children are to have increasing opportunities to participate in the activities of their society, in preparation for responsible adulthood.
237
2.the right to education, play, leisure, cultural activities, access to information, and freedom of thought, conscience and religion.
3.the child’s right to life and the needs that are most basic to existence, such as nutrition, shelter, an adequate living standard, and access to medical services.
4.children are safeguarded against all forms of abuse, neglect and exploitation, including special care for refugee children; safeguards for children in the criminal justice system; protection for children in employment; protection and rehabilitation for children who have suffered exploitation or abuse of any kind.
Exercise 11. Answer and debate these questions.
1.Do you think the United Nations Convention on the Rights of the Child is important? Why or why not?
2.Are there countries where the rights of children are infringed? Write a paragraph about the violations of the
Child’s rights in the world and possible measures to safeguard children.
Human rights violations
Torture is defined in the 1949 Geneva Convention, as "the deliberate, systematic or wanton infliction of physical and mental suffering." Sometimes it is used to extract information from prisoners, and sometimes it is used for no other reason than to hurt and frighten them. The use of torture violates international human rights laws, no matter what crime a prisoner has committed.
Between 1980 and 1988, the United Nations investigated over 15,000 disappearances in 40 countries. Governments sometimes kill civilians because of their political beliefs, race, or ever because they were in the wrong place at the wrong time; they then cover up any information about the killing in order to avoid responsibility.
238
Human rights groups work to ensure that all trials are fair: that judges and juries are independent and unbiased; that suspects have access to adequate legal advice; and that prisoners are not held in jail for too long before a trial takes place. Amnesty has received reports of people held in Syrian prisons for eighteen years without ever having a trial. In the case of trials of political prisoners, Amnesty insists that they be held in public and that observers from independent countries be allowed to observe the proceedings.
A very large area of human rights law is concerned with refugees. Over fifteen million people have fled from their own countries because of human rights abuses, political pressures or economic hardship; they need international guarantees that they will be treated fairly and humanely in foreign countries. Many are seeking political asylum – the right to live in a new country – because of fears of what will happen to them if they are returned.
Few people would disagree with the right to racial equality, but what about sexual equality?
Political and legal discrimination against women includes lesser voting rights (in parts of Switzerland), official discouragement from entering politics (Singapore) and the need for a wife to get her husband's consent when she applies for a passport (Egypt). In Japan, where only seven of the nation's 1,257 detention centers have any female guards, there have been reports of women being strip searched even for traffic offences. Many women are arrested in Japan are illegal foreign workers, and this makes it less likely that their human rights will be observed. Women also suffer economic and social inequality throughout the world, either doing less well-paid work than men or being paid less for doing the same work. In addition, they are underrepresented in parliaments and on boards of directors.
239
Exercise 12. Find in the text above the English equivalents for these words and word combinations.
Пытки, физические и моральные страдания, расследовать исчезновения, из-за политических убеждений, избежать ответственности, не имеющие предубеждений, независимые наблюдатели, бежать из страны, нарушение прав, обращаться справедливо и гуманно, просить политического убежища, из страха, расовое равенство, получить согласие, страдать от неравенства.
Exercise 13. Cover the text above and fill in the appropriate prepositions.
1.Torture is defined ___ the 1949 Geneva Convention
___ "the deliberate, systematic or wanton infliction ___
physical and mental suffering used ___ extract information
___ prisoners.
2.Governments sometimes kill civilians ___ ___ their political beliefs, race, or ever because they were ___ the wrong place ___ the wrong time.
3.Human rights groups work ___ ensure that all trials are fair, that suspects have access ___ adequate legal advice; and that prisoners are not held ___ jail ___ too long
___ a trial takes place.
4.Refuges are seeking political asylum—the right ___
live ___ a new country—because ___ fears ___ what will happen ___ them if they are returned.
5.Women suffer economic and social inequality ___ the world, being paid less ___ doing the same work. ___ addition, they are underrepresented ___ parliaments and ___
boards ___ directors.
Exercise 14. Answer and debate these questions.
1.How is torture defined in the 1949 Geneva Convention? Do you agree with the definition?
2.Are you for or against using torture to extract information from prisoners? Give your reasons.
240
3.Why do governments avoid responsibility killing civil-
ians?
4.What do the work of human rights groups involve?
5.Why is a very large area of human rights law concerned with refugees?
6.What do political and legal discrimination against women include? Are women discriminated in Russia?
Exercise 15. Read the text about the United Nations
Convention on the Elimination of All Forms of Discrimination against Women and give the legal definition of sex discrimination.
The Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), adopted in 1979 by the UN General Assembly, is often described as an international bill of rights for women. Consisting of a preamble and 30 articles, it defines what constitutes discrimination against women and sets up an agenda for national action to end such discrimination.
The Convention defines discrimination against women as "...any distinction, exclusion or restriction made on the basis of sex which has the effect or purpose of impairing or nullifying the recognition, enjoyment or exercise by women, irrespective of their marital status, on a basis of equality of men and women, of human rights and fundamental freedoms in the political, economic, social, cultural, civil or any other field." By accepting the Convention, States commit themselves to undertake a series of measures to end discrimination against women in all forms, including:
to incorporate the principle of equality of men and women in their legal system, abolish all discriminatory laws and adopt appropriate ones prohibiting discrimination against women;
to establish tribunals and other public institutions to ensure the effective protection of women against discrimination; and