The document discusses the social and economic rights enshrined in the Constitution of the Republic of Cyprus. It traces the origin and evolution of these rights from older constitutions that focused on political and civil rights to more modern constitutions that include socioeconomic rights. The Cypriot constitution, influenced by international agreements, aims to balance individual liberties with social welfare. It guarantees citizens the right to a decent existence, social security, work, and the freedom to choose a profession or business activity. The state has a duty to enact laws protecting workers and providing social insurance.
This document provides information about various human rights concepts and documents throughout history:
- It discusses natural rights, positive rights, and how positive rights require action from others unlike negative rights.
- It summarizes key historical documents that advanced human rights like the Cyrus Cylinder in 539 BC, the Magna Carta in 1215, the Petition of Right in 1628, and the United States Declaration of Independence in 1776.
- It also mentions philosophers like John Locke and Thomas Hobbes who influenced ideas of natural rights and social contract theory.
- It provides brief overviews of Marxist theory, different economic systems like primitive communism, slavery, feudalism and capitalism.
Human rights are rights inherent to all human beings, whatever our nationality, place of residence, sex, national or ethnic origin, color, religion, language, or any other status. We are all equally entitled to our human rights without discrimination. These rights are all interrelated, interdependent and indivisible.
All The Universal Declaration of Human Rights (UDHR) is a historic document that was adopted by the United Nations General Assembly at its third session on 10 December 1948 as Resolution 217 at the Palais de Chaillot in Paris, France.the files related to the history of human rights.
This document discusses the history and importance of human rights. It outlines that the concept of human rights developed with civilization to allow for peaceful living and democracy. The UN declared human rights as a duty of states to protect. Historically, discussions of rights began with ancient Greeks like Plato and Aristotle. The Magna Carta in 1215 established new rights for citizens against the king of England. John Locke's writings in the 1600s established that individuals are born with rights to life and freedom. The US and French constitutions in the late 1700s enshrined lists of human rights. The UN was formed after World War 2 to protect human rights globally. India's constitution incorporates fundamental rights to equality, freedom, religion
This document summarizes several ancient and historical documents related to human rights:
- The Code of Ur-Nammu (2100-2050 BC) was one of the earliest known law codes, establishing capital punishment and proportional consequences. It showed a stratified Sumerian society.
- Hammurabi's Code (c. 1750 BC) contained 282 laws with specific punishments and established the accused's right to prove innocence.
- Religious texts like the Vedas, Bible and Quran outlined early human rights concepts like duties and responsibilities.
- The Magna Carta (1215) limited kingly power and influenced constitutional law in English-speaking countries. Later documents like the English Bill
This document provides a brief history of human rights declarations and organizations from ancient times to the modern era. It discusses some of the earliest declarations of rights including those established by Cyrus the Great of Persia in 539 BC and provisions of the 1215 Magna Carta. It then outlines several seminal human rights documents and organizations in the 18th through 20th centuries such as the US Declaration of Independence, the Universal Declaration of Human Rights, and Amnesty International. The document concludes with a proposed classroom activity asking students to address a human rights problem and develop a solution.
The document provides an overview of the history and development of human rights from ancient codes of law to modern international agreements and bodies. It discusses the origins and foundations of basic human rights beginning in the 17th century with documents like the Magna Carta, English Bill of Rights, and U.S. Declaration of Independence. Following World War II, the United Nations adopted the Universal Declaration of Human Rights in 1948 to establish civil, political, economic, social, and cultural rights for all. Since then, the UN has drafted over 80 instruments to further protect rights and established various bodies to monitor compliance.
This document provides information about various human rights concepts and documents throughout history:
- It discusses natural rights, positive rights, and how positive rights require action from others unlike negative rights.
- It summarizes key historical documents that advanced human rights like the Cyrus Cylinder in 539 BC, the Magna Carta in 1215, the Petition of Right in 1628, and the United States Declaration of Independence in 1776.
- It also mentions philosophers like John Locke and Thomas Hobbes who influenced ideas of natural rights and social contract theory.
- It provides brief overviews of Marxist theory, different economic systems like primitive communism, slavery, feudalism and capitalism.
Human rights are rights inherent to all human beings, whatever our nationality, place of residence, sex, national or ethnic origin, color, religion, language, or any other status. We are all equally entitled to our human rights without discrimination. These rights are all interrelated, interdependent and indivisible.
All The Universal Declaration of Human Rights (UDHR) is a historic document that was adopted by the United Nations General Assembly at its third session on 10 December 1948 as Resolution 217 at the Palais de Chaillot in Paris, France.the files related to the history of human rights.
This document discusses the history and importance of human rights. It outlines that the concept of human rights developed with civilization to allow for peaceful living and democracy. The UN declared human rights as a duty of states to protect. Historically, discussions of rights began with ancient Greeks like Plato and Aristotle. The Magna Carta in 1215 established new rights for citizens against the king of England. John Locke's writings in the 1600s established that individuals are born with rights to life and freedom. The US and French constitutions in the late 1700s enshrined lists of human rights. The UN was formed after World War 2 to protect human rights globally. India's constitution incorporates fundamental rights to equality, freedom, religion
This document summarizes several ancient and historical documents related to human rights:
- The Code of Ur-Nammu (2100-2050 BC) was one of the earliest known law codes, establishing capital punishment and proportional consequences. It showed a stratified Sumerian society.
- Hammurabi's Code (c. 1750 BC) contained 282 laws with specific punishments and established the accused's right to prove innocence.
- Religious texts like the Vedas, Bible and Quran outlined early human rights concepts like duties and responsibilities.
- The Magna Carta (1215) limited kingly power and influenced constitutional law in English-speaking countries. Later documents like the English Bill
This document provides a brief history of human rights declarations and organizations from ancient times to the modern era. It discusses some of the earliest declarations of rights including those established by Cyrus the Great of Persia in 539 BC and provisions of the 1215 Magna Carta. It then outlines several seminal human rights documents and organizations in the 18th through 20th centuries such as the US Declaration of Independence, the Universal Declaration of Human Rights, and Amnesty International. The document concludes with a proposed classroom activity asking students to address a human rights problem and develop a solution.
The document provides an overview of the history and development of human rights from ancient codes of law to modern international agreements and bodies. It discusses the origins and foundations of basic human rights beginning in the 17th century with documents like the Magna Carta, English Bill of Rights, and U.S. Declaration of Independence. Following World War II, the United Nations adopted the Universal Declaration of Human Rights in 1948 to establish civil, political, economic, social, and cultural rights for all. Since then, the UN has drafted over 80 instruments to further protect rights and established various bodies to monitor compliance.
The origin of the universal declaration of human rightsMr Halligan
The document discusses the origins and development of the Universal Declaration of Human Rights. It describes how the atrocities of the Holocaust shocked the world and motivated the United Nations to establish internationally recognized human rights. The document outlines how the Nazis systematically discriminated against, persecuted, and attempted to exterminate Jews and other minority groups in Germany. It took three years of negotiations for the UN to agree on the 30 articles of the Universal Declaration of Human Rights, which was adopted in 1948.
Human Rights: perspective, approaches and classificationAbdul Momin
The document discusses various perspectives on human rights, including:
- Marxist/socialist perspective which prioritizes social and economic rights over individual rights.
- Feminist perspective which focuses on equality and systems that allow individuals to pursue their priorities.
- Western/liberal perspective which emphasizes individual liberty, private property, and minimal government.
- Third world perspective which arose from colonial violations but also drew from concepts like in India's constitution.
- Anti-discriminatory perspective which stands against violating the rights of others based on characteristics.
Human rights are also classified into three generations - civil/political rights, social/economic rights, and solidarity/environmental rights.
This document discusses human rights and provides a brief history and overview. It defines human rights as moral principles that describe standards of human behavior that are legally protected. It notes that human rights are understood as fundamental rights inherent to all people regardless of attributes. The belief in universal human rights is a relatively new development that arose from earlier cultural traditions addressing duties, rights, and responsibilities. The document outlines several theories of human rights, including natural rights theories based on moral order, social contract theories involving agreements to form governing institutions, and reciprocity theories centered on treating others as you wish to be treated.
This document discusses the history and development of human rights in Indonesia. It outlines how human rights are universal and supra-legal, established in the Indonesian proclamation of independence and constitution. It then details Indonesia's ratification of international human rights covenants and conventions. The document also describes Indonesia's national action plans to promote and protect human rights, legislation passed, and efforts made to protect vulnerable groups and address ongoing issues like gender discrimination, regional conflicts, terrorism and transnational crime.
The document traces the origins and development of human rights from ancient times through modern declarations. It discusses philosophers like John Locke who argued that life, liberty, and property were natural rights. Key milestones included the English Bill of Rights in 1689, the US Declaration of Independence in 1776, and the French Declaration of the Rights of Man and of the Citizen in 1789. After World War II, the UN was formed to promote universal human rights. The UN adopted the Universal Declaration of Human Rights in 1948 to enshrine civil, political, social, economic, and cultural rights for all.
Concept Of Human Rights- Foundation Course Semester 2-Prof. Karishma ShettyKarishmaShetty16
The document discusses the history and development of human rights from several important documents and declarations throughout history. It outlines key milestones like the Magna Carta in 1215, the Petition of Right in 1628, the English Bill of Rights in 1689, the US Declaration of Independence in 1776, the US Constitution and Bill of Rights in 1787-1791, the French Declaration of the Rights of Man and of the Citizen in 1789, and the First Geneva Convention in 1864 which helped establish international humanitarian law. These documents established principles of civil liberties, limited the power of rulers, and sought to protect fundamental human rights and dignity.
The document discusses various theories of human rights, including:
1. The theory of natural rights, which states that individuals are born with inherent rights that cannot be denied by governments. This theory was advocated by philosophers like John Locke.
2. The theory of social rights, which argues that rights are created by society and law to benefit the greatest number of people. Jeremy Bentham and John Stuart Mill were proponents of this view.
3. The theory of legal rights, which claims that rights are established by states and individuals have no rights outside of what states grant them. This view was supported by philosopher John Austin.
4. The theory of economic rights, proposed by Karl Marx, rejects the concept of
Citizenship, Human Right for Social Developmentijtsrd
The work was examined in order to analyze citizenship, as a human right, the legal link between Human Rights and Citizenship was investigated, considering from the legal point of view, citizenship as a political right The human right, such as the free development of the human being, in which people can develop their potential and have a productive life according to their needs and interests, the research was bibliographic, documentary, since the different documents were used , different instruments were selected and analyzed. The results obtained, referring to citizenship as a human right, as a set of essential prerogatives of every man, considered individually or collectively, by the mere fact of belonging to the human species, which must enjoy, to achieve its full development and have a dignified life and that, consequently, the State is obliged to recognize, protect, guarantee and as a political right is embodied in the various international documents among them, the International Covenant on Civil and Political Rights, second article, which establishes that all citizens may, without distinction, participate in public affairs, vote and be elected to the elections in their country. X³chitl Bustillos-Varela | J. Emilio Mândez-Gonz¡lez | Javier Armando Varela-Lazo "Citizenship, Human Right for Social Development" Published in International Journal of Trend in Scientific Research and Development (ijtsrd), ISSN: 2456-6470, Volume-4 | Issue-1 , December 2019, URL: https://www.ijtsrd.com/papers/ijtsrd29818.pdf Paper URL: https://www.ijtsrd.com/management/public-sector-management/29818/citizenship-human-right-for-social-development/x%C3%B3chitl-bustillos-varela
The document defines key human rights concepts and outlines their history and sources. It discusses definitions of human rights from various individuals and organizations. Some key points include: human rights are inherent and inalienable; they include civil, political, economic, social and cultural rights. The document traces the development of human rights from the Enlightenment era through revolutions in America and France. It also discusses the UN Declaration of Human Rights and international covenants that form the basis of international human rights law.
Human rights are entitlements that belong to every person simply because they are human. They include the right to life, liberty, freedom from slavery and torture, freedom of opinion, expression and religion. The idea of human rights can be traced back to ancient documents like the Cyrus Cylinder from 539 BC which established concepts of freedom of religion and racial equality. Throughout history, documents like the Magna Carta, US Constitution, and Universal Declaration of Human Rights have further defined and established human rights. However, human rights violations still occur when governments or non-state actors abuse, deny or ignore people's basic rights.
Autonomy, self-determination, and related concepts are discussed over 13 pages. Autonomy refers to an individual's capacity for self-governance and independence, while self-determination is the right of a people or group to choose their political status and path of development. The document traces the philosophical and legal development of these concepts from ancient Greece to current international law. It also discusses debates around applying self-determination to individuals versus groups, and whether it incorporates democratic governance rights or indigenous group rights.
Masters thesis on the right of self-determination. The author argues that this right is applicable outside the colonial context. Even though outside the colonial context the internal aspect of this right should be emphasised, the author describes the limited conditions under which a people is entitled to external self-determination in the form of remedial secession.
The document summarizes key developments in international human rights law, including:
1. The abolition of slavery in the early 19th century through international agreements banning the slave trade.
2. The evolution of international humanitarian law through instruments like the Geneva Conventions, which seek to protect civilians and combatants in armed conflicts.
3. The minority protection arrangements established after World War I through treaties guaranteeing minority rights in new states.
It then discusses the International Covenant on Civil and Political Rights, which commits states to respect civil and political freedoms, and the extensive rights it protects in areas like life, religion, speech, and due process.
This document provides an overview of human rights and their origins. It discusses key documents like the Universal Declaration of Human Rights, characteristics of human rights like indivisibility and non-discrimination. Theories of human rights are explored, including moral theory, social justice theory and structured theory. Civil and political rights as well as social, economic and cultural rights are defined.
The document discusses the key topics of human rights including:
1. Defining human rights as the rights essential to protecting human dignity and allowing individuals to develop their personality.
2. Tracing the history of human rights from ancient origins to modern codification in international agreements like the UN Charter.
3. Outlining the main categories of human rights as civil/political rights and economic/social/cultural rights.
Evolution of human rights in time and placeSarah Hopper
The document discusses how concepts of human rights and justice have evolved over time and differed across places. It outlines several key periods in the evolution of human rights: in ancient societies rights were tied to one's social group; during feudal times rights were only afforded to those in power; the Enlightenment era saw the emergence of beliefs in universal and natural rights; and the 19th-20th centuries brought expanded rights movements addressing slavery, women's suffrage, and more. The document also notes factors like a place's resources, social groups, economy, and technology can impact the development of human rights and justice norms in that location.
The document discusses the institutional framework for protecting human rights in India. It outlines several bodies that work to promote and protect human rights at both the national and international levels, including the UN Economic and Social Council (ECOSOC), UNESCO, the National Human Rights Commission of India, State Human Rights Commissions, the National Commission for Women, and the Commission for the Rights of the Child. It provides information on the composition, functions, and complaint procedures of these organizations.
The document provides a history of the development of human rights from ancient times through the modern era. It details early influences and documents that promoted concepts of equality, dignity, and freedoms for individuals, such as Cyrus the Great's charter in 539 BC, the Magna Carta in 1215, the English Bill of Rights in 1628, the US Declaration of Independence in 1776, the US Constitution and Bill of Rights in 1787, the French Declaration of the Rights of Man and of the Citizen in 1789, and the UN Charter and Universal Declaration of Human Rights in 1945 and 1948 respectively. The document traces how the idea of human rights has evolved over thousands of years through numerous civilizations and political changes to become
summary of human rights development.pptxsadiqfarhan2
The document summarizes the development of human rights from ancient times to the modern era. It discusses early concepts of rights in ancient Persia, India, Greece and Rome. Key milestones mentioned include the Magna Carta in 1215, the English Petition of Right in 1628, the US Declaration of Independence in 1776, the French Rights of Man in 1789, the First Geneva Convention in 1864 protecting wounded soldiers, and finally the Universal Declaration of Human Rights adopted by the UN in 1948 which established fundamental human rights for all.
The origin of the universal declaration of human rightsMr Halligan
The document discusses the origins and development of the Universal Declaration of Human Rights. It describes how the atrocities of the Holocaust shocked the world and motivated the United Nations to establish internationally recognized human rights. The document outlines how the Nazis systematically discriminated against, persecuted, and attempted to exterminate Jews and other minority groups in Germany. It took three years of negotiations for the UN to agree on the 30 articles of the Universal Declaration of Human Rights, which was adopted in 1948.
Human Rights: perspective, approaches and classificationAbdul Momin
The document discusses various perspectives on human rights, including:
- Marxist/socialist perspective which prioritizes social and economic rights over individual rights.
- Feminist perspective which focuses on equality and systems that allow individuals to pursue their priorities.
- Western/liberal perspective which emphasizes individual liberty, private property, and minimal government.
- Third world perspective which arose from colonial violations but also drew from concepts like in India's constitution.
- Anti-discriminatory perspective which stands against violating the rights of others based on characteristics.
Human rights are also classified into three generations - civil/political rights, social/economic rights, and solidarity/environmental rights.
This document discusses human rights and provides a brief history and overview. It defines human rights as moral principles that describe standards of human behavior that are legally protected. It notes that human rights are understood as fundamental rights inherent to all people regardless of attributes. The belief in universal human rights is a relatively new development that arose from earlier cultural traditions addressing duties, rights, and responsibilities. The document outlines several theories of human rights, including natural rights theories based on moral order, social contract theories involving agreements to form governing institutions, and reciprocity theories centered on treating others as you wish to be treated.
This document discusses the history and development of human rights in Indonesia. It outlines how human rights are universal and supra-legal, established in the Indonesian proclamation of independence and constitution. It then details Indonesia's ratification of international human rights covenants and conventions. The document also describes Indonesia's national action plans to promote and protect human rights, legislation passed, and efforts made to protect vulnerable groups and address ongoing issues like gender discrimination, regional conflicts, terrorism and transnational crime.
The document traces the origins and development of human rights from ancient times through modern declarations. It discusses philosophers like John Locke who argued that life, liberty, and property were natural rights. Key milestones included the English Bill of Rights in 1689, the US Declaration of Independence in 1776, and the French Declaration of the Rights of Man and of the Citizen in 1789. After World War II, the UN was formed to promote universal human rights. The UN adopted the Universal Declaration of Human Rights in 1948 to enshrine civil, political, social, economic, and cultural rights for all.
Concept Of Human Rights- Foundation Course Semester 2-Prof. Karishma ShettyKarishmaShetty16
The document discusses the history and development of human rights from several important documents and declarations throughout history. It outlines key milestones like the Magna Carta in 1215, the Petition of Right in 1628, the English Bill of Rights in 1689, the US Declaration of Independence in 1776, the US Constitution and Bill of Rights in 1787-1791, the French Declaration of the Rights of Man and of the Citizen in 1789, and the First Geneva Convention in 1864 which helped establish international humanitarian law. These documents established principles of civil liberties, limited the power of rulers, and sought to protect fundamental human rights and dignity.
The document discusses various theories of human rights, including:
1. The theory of natural rights, which states that individuals are born with inherent rights that cannot be denied by governments. This theory was advocated by philosophers like John Locke.
2. The theory of social rights, which argues that rights are created by society and law to benefit the greatest number of people. Jeremy Bentham and John Stuart Mill were proponents of this view.
3. The theory of legal rights, which claims that rights are established by states and individuals have no rights outside of what states grant them. This view was supported by philosopher John Austin.
4. The theory of economic rights, proposed by Karl Marx, rejects the concept of
Citizenship, Human Right for Social Developmentijtsrd
The work was examined in order to analyze citizenship, as a human right, the legal link between Human Rights and Citizenship was investigated, considering from the legal point of view, citizenship as a political right The human right, such as the free development of the human being, in which people can develop their potential and have a productive life according to their needs and interests, the research was bibliographic, documentary, since the different documents were used , different instruments were selected and analyzed. The results obtained, referring to citizenship as a human right, as a set of essential prerogatives of every man, considered individually or collectively, by the mere fact of belonging to the human species, which must enjoy, to achieve its full development and have a dignified life and that, consequently, the State is obliged to recognize, protect, guarantee and as a political right is embodied in the various international documents among them, the International Covenant on Civil and Political Rights, second article, which establishes that all citizens may, without distinction, participate in public affairs, vote and be elected to the elections in their country. X³chitl Bustillos-Varela | J. Emilio Mândez-Gonz¡lez | Javier Armando Varela-Lazo "Citizenship, Human Right for Social Development" Published in International Journal of Trend in Scientific Research and Development (ijtsrd), ISSN: 2456-6470, Volume-4 | Issue-1 , December 2019, URL: https://www.ijtsrd.com/papers/ijtsrd29818.pdf Paper URL: https://www.ijtsrd.com/management/public-sector-management/29818/citizenship-human-right-for-social-development/x%C3%B3chitl-bustillos-varela
The document defines key human rights concepts and outlines their history and sources. It discusses definitions of human rights from various individuals and organizations. Some key points include: human rights are inherent and inalienable; they include civil, political, economic, social and cultural rights. The document traces the development of human rights from the Enlightenment era through revolutions in America and France. It also discusses the UN Declaration of Human Rights and international covenants that form the basis of international human rights law.
Human rights are entitlements that belong to every person simply because they are human. They include the right to life, liberty, freedom from slavery and torture, freedom of opinion, expression and religion. The idea of human rights can be traced back to ancient documents like the Cyrus Cylinder from 539 BC which established concepts of freedom of religion and racial equality. Throughout history, documents like the Magna Carta, US Constitution, and Universal Declaration of Human Rights have further defined and established human rights. However, human rights violations still occur when governments or non-state actors abuse, deny or ignore people's basic rights.
Autonomy, self-determination, and related concepts are discussed over 13 pages. Autonomy refers to an individual's capacity for self-governance and independence, while self-determination is the right of a people or group to choose their political status and path of development. The document traces the philosophical and legal development of these concepts from ancient Greece to current international law. It also discusses debates around applying self-determination to individuals versus groups, and whether it incorporates democratic governance rights or indigenous group rights.
Masters thesis on the right of self-determination. The author argues that this right is applicable outside the colonial context. Even though outside the colonial context the internal aspect of this right should be emphasised, the author describes the limited conditions under which a people is entitled to external self-determination in the form of remedial secession.
The document summarizes key developments in international human rights law, including:
1. The abolition of slavery in the early 19th century through international agreements banning the slave trade.
2. The evolution of international humanitarian law through instruments like the Geneva Conventions, which seek to protect civilians and combatants in armed conflicts.
3. The minority protection arrangements established after World War I through treaties guaranteeing minority rights in new states.
It then discusses the International Covenant on Civil and Political Rights, which commits states to respect civil and political freedoms, and the extensive rights it protects in areas like life, religion, speech, and due process.
This document provides an overview of human rights and their origins. It discusses key documents like the Universal Declaration of Human Rights, characteristics of human rights like indivisibility and non-discrimination. Theories of human rights are explored, including moral theory, social justice theory and structured theory. Civil and political rights as well as social, economic and cultural rights are defined.
The document discusses the key topics of human rights including:
1. Defining human rights as the rights essential to protecting human dignity and allowing individuals to develop their personality.
2. Tracing the history of human rights from ancient origins to modern codification in international agreements like the UN Charter.
3. Outlining the main categories of human rights as civil/political rights and economic/social/cultural rights.
Evolution of human rights in time and placeSarah Hopper
The document discusses how concepts of human rights and justice have evolved over time and differed across places. It outlines several key periods in the evolution of human rights: in ancient societies rights were tied to one's social group; during feudal times rights were only afforded to those in power; the Enlightenment era saw the emergence of beliefs in universal and natural rights; and the 19th-20th centuries brought expanded rights movements addressing slavery, women's suffrage, and more. The document also notes factors like a place's resources, social groups, economy, and technology can impact the development of human rights and justice norms in that location.
The document discusses the institutional framework for protecting human rights in India. It outlines several bodies that work to promote and protect human rights at both the national and international levels, including the UN Economic and Social Council (ECOSOC), UNESCO, the National Human Rights Commission of India, State Human Rights Commissions, the National Commission for Women, and the Commission for the Rights of the Child. It provides information on the composition, functions, and complaint procedures of these organizations.
The document provides a history of the development of human rights from ancient times through the modern era. It details early influences and documents that promoted concepts of equality, dignity, and freedoms for individuals, such as Cyrus the Great's charter in 539 BC, the Magna Carta in 1215, the English Bill of Rights in 1628, the US Declaration of Independence in 1776, the US Constitution and Bill of Rights in 1787, the French Declaration of the Rights of Man and of the Citizen in 1789, and the UN Charter and Universal Declaration of Human Rights in 1945 and 1948 respectively. The document traces how the idea of human rights has evolved over thousands of years through numerous civilizations and political changes to become
summary of human rights development.pptxsadiqfarhan2
The document summarizes the development of human rights from ancient times to the modern era. It discusses early concepts of rights in ancient Persia, India, Greece and Rome. Key milestones mentioned include the Magna Carta in 1215, the English Petition of Right in 1628, the US Declaration of Independence in 1776, the French Rights of Man in 1789, the First Geneva Convention in 1864 protecting wounded soldiers, and finally the Universal Declaration of Human Rights adopted by the UN in 1948 which established fundamental human rights for all.
This document discusses the evolution of human rights through different generations. It describes the first generation as civil and political rights established through documents like the Magna Carta and Declaration of the Rights of Man. These established limitations on absolute power and rights like freedom of speech. The second generation encompasses socio-economic rights requiring state support, like rights to work, education, and social security. The document provides details on specific rights in each generation and their establishment in international agreements and constitutions.
Human Rights Education for Criminology StudentsJepDV
The document provides definitions of key terms related to human rights such as "human", "rights", and "human rights". It then discusses the history and development of concepts of human rights from ancient documents like the Cyrus Cylinder to modern declarations like the Universal Declaration of Human Rights. Key milestones discussed include the Magna Carta, the US Bill of Rights, and the four Geneva Conventions protecting victims of war.
This document provides a historical overview of the development of human rights from ancient civilizations to the modern era. It discusses early codes of law from Mesopotamia, Greece, and Rome that established some basic rights but excluded many groups. Key documents that outlined fundamental rights include the English Bill of Rights of 1689, the US Declaration of Independence of 1776, and the French Declaration of the Rights of Man and of the Citizen from 1789. The aftermath of World War 2 led to the founding of the United Nations in 1945 to promote and protect human rights globally.
In India, laws focusing on women were enacted with the admirable goal of empowering women and shielding them from various sorts of violence, injustice, and discrimination. However, worries regarding the possible abuse of these rules have been voiced over time. This abstract examines the underlying causes, effects, and potential remedies to give insight on the complicated social realities surrounding the abuse of women-centric policies in India. There are many facets to the misuse of laws that target women, and there are no easy answers. Even though it is critical to recognize the prevalence of actual occurrences of gender-based violence and discrimination, there have been occasions in which these laws have been abused for vengeance, personal gain, or family feud resolution. Power relationships, sociocultural factors, and the ignorance and This issue is made worse by sensitivity to gender concerns. The abuse of laws pertaining to women has far-reaching effects. Men and their families have experienced false accusations against them, legal retaliation, social humiliation, and financial hardship. Furthermore, the legitimacy and trustworthiness of these laws have been called into question, which has resulted in a decrease in faith in the legal system. Misuse of this kind might unintentionally reinforce gender
This document provides an overview of the key concepts and historical development of human rights law. It discusses how human rights are inherent to all humans, regardless of attributes. The three main sources of international human rights law are identified as international conventions, customary international law, and general principles of law. The document then summarizes the major milestones in the development of the international human rights system, including the UN Charter, Universal Declaration of Human Rights, International Covenant on Civil and Political Rights, and International Covenant on Economic, Social and Cultural Rights.
Introduction to human rights with a special focus on indian constitution, uni...Shahnawaz Ahmed Malik
This document provides an overview of key concepts in human rights including definitions of human rights, the elements and history of human rights, and important human rights documents like the UDHR and ICCPR. It discusses how human rights are based on natural law and outlines civil, political, economic, social and cultural rights. The document also summarizes the structure and rights protected in the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights.
The document discusses the definition, concept, and historical development of human rights from ancient times to the modern era. It notes that human rights are inherent to all people, regardless of attributes, and protect fundamental freedoms. Major milestones discussed include the Magna Carta, English Bill of Rights, American Declaration of Independence, French Declaration of Rights of Man and Citizen, and the UN Universal Declaration of Human Rights. Theories of human rights protection are also examined.
The document provides details about the French Revolution and the events leading up to it. It discusses:
- The unequal French society under King Louis XVI with the privileged estates and unfair taxation that contributed to discontent.
- Enlightenment thinkers like Rousseau and Montesquieu influenced ideas of equality, rights, and separation of powers.
- The storming of the Bastille prison in 1789 marked the start of the Revolution. The National Assembly abolished feudalism and the monarchy was overthrown.
- The Reign of Terror under Robespierre established a repressive government until his own overthrow and execution in 1794.
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Human rights in international perspective
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Human rights in the international context are fundamental principles that safeguard the inherent dignity and worth of every individual, regardless of their nationality, ethnicity, religion, gender, or any other characteristic. This essay explores the evolution, challenges, and significance of human rights from a global perspective.
Historical Evolution:
Human rights have deep historical roots, with milestones such as the Magna Carta (1215) and the Universal Declaration of Human Rights (UDHR) in 1948 shaping their trajectory. The aftermath of World War II underscored the need for a global commitment to prevent atrocities and protect individuals from the abuse of power.
Universal Declaration of Human Rights:
The UDHR, adopted by the United Nations General Assembly, serves as a cornerstone in the international human rights framework. It outlines a comprehensive set of rights and freedoms, ranging from the right to life and liberty to freedom of expression and education. However, the challenge lies in implementing these rights universally, as diverse cultural, political, and economic contexts often influence their interpretation and enforcement.
International Treaties and Conventions:
To operationalize the principles outlined in the UDHR, various international treaties and conventions have been established. Examples include the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR). These instruments provide a legal framework for states to adhere to and are monitored by international bodies.
Challenges to Implementation:
Despite these efforts, the realization of human rights faces persistent challenges. National sovereignty, cultural relativism, and geopolitical considerations can impede the enforcement of international standards. Issues like discrimination, poverty, and inequality persist globally, illustrating the gap between legal frameworks and their effective implementation.
Human Rights in Conflict Zones:
Conflict zones often witness severe human rights abuses, raising questions about the international community's ability to intervene. The Responsibility to Protect (R2P) doctrine emerged as an attempt to address this, emphasizing the global responsibility to prevent and respond to mass atrocities. However, debates over intervention and sovereignty complicate the application of R2P.
Economic Globalization and Human Rights:
The interconnectedness of the global economy brings both opportunities.
The document provides an overview of the concept and evolution of human rights. It discusses how:
1) After World War 2, the UN took a pledge to promote universal human rights. This led to the Universal Declaration of Human Rights in 1948, which outlined fundamental rights and freedoms.
2) Two binding international covenants were later adopted in 1966 to further define economic, social, cultural and civil/political rights. Optional protocols were also adopted.
3) The Indian constitution was influenced by the UDHR and incorporates many similar fundamental rights and freedoms for its citizens. India has also enacted national laws protecting human rights.
Human rights are conceived as universal entitlements that all humans possess merely due to being human. However, there is no consensus on what specifically should be considered a human right. The concept of rights has existed throughout history but the modern notion of universal human rights is a relatively recent development originating from European history in the 16th century. Major developments in philosophy and documents like the US Declaration of Independence established certain legal rights, and human rights became a central concern regarding issues like slavery in the 19th century. The World Wars were a driving force behind the modern development of human rights instruments and bodies like the UN.
Human rights are conceived as universal entitlements that all humans possess merely due to being human. However, there is no consensus on what specifically should be considered a human right. The concept of rights has existed throughout history but the modern notion of universal human rights first emerged in Europe in the 16th century through documents like the Twelve Articles. Major developments in the 18th and 19th centuries like the US Declaration of Independence established certain legal rights, and the abolition of slavery movement helped make human rights a central concern. The World Wars drove the development of modern human rights instruments and bodies like the UN to protect rights.
The Age of Enlightenment in France saw the development of ideas of freedom of thought, expression, and separation of powers. Voltaire defended these principles after the unjust execution of Jean Calas for his Protestant religion. French philosophers like Montesquieu, Diderot, and Rousseau promoted tolerance and limiting the power of the monarchy. Montesquieu first proposed separating executive, legislative, and judicial powers. The French Revolution established the Republic and a constitution, declaring human rights and citizenship. The Third Republic reinforced republican symbols like the flag and motto while establishing secular public education. The current Fifth Republic created by de Gaulle in 1958 strengthened the executive power of the presidency.
The document provides a history of the evolution of human rights from ancient Greek and Roman concepts of natural law and rights to modern international agreements like the Universal Declaration of Human Rights. It discusses influential documents like the Magna Carta, French Declaration of Rights of Man, American Bill of Rights, and how they established principles of equality, liberty, and rule of law. The UN Charter established respect for human rights as a core purpose and led to the UDHR in 1948, which defined basic civil, political, economic, social and cultural rights for all people.
This document provides a summary of the historical origins and philosophical debates surrounding the concept of human rights. It discusses how the idea of natural rights emerged from classical Greek philosophers like Aristotle and was further developed by thinkers such as Aquinas, Grotius, Hobbes, Kant, Locke, Rousseau and others. However, the concept was also criticized by thinkers like Burke and Bentham who argued that rights are created by societies rather than existing naturally. The document traces how these debates helped shape contemporary notions of universal human rights but also notes challenges to the idea that rights are truly universal or inalienable given their origins in Western political thought.
The document outlines a course on human rights education. It covers 10 topics including fundamental concepts of human rights, the Universal Declaration of Human Rights, and human rights legal frameworks in the Philippines and internationally. It also discusses the classification of human rights according to source, aspect of life, derogability, and generations proposed by Karel Vasak. The three principles of human rights - universality, indivisibility, and interdependence - are explained.
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The social and economic rights under the law of the republic of cyprus
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THE SOCIAL AND ECONOMIC RIGHTS UNDER THE LAW OF THE REPUBLIC OF CYPRUS
I
THE CONSTITUTION OF THE REPUBLIC OF CYPRUS
Origin of the constitution
I. On the I6th August, 1960, the republic of Cyprus was established as an "independent and sovereing republic" and its constitutions came into force .
That constitution was mainly based on the Agreement reached at Zurich on the Iith february, 1959, between the Greek and the Turkish Prime Ministers, whereby the basic structure of the Republic of Cyprus was laid down and two draft Treaties, the Treaty of Guarantee and the treatry of Alliance between the Repub;lic of Cyprus, Greece and Turkey were formulated, as later implemented by the Agreement reached in London on the 19th february, 1959, between the Governments of the United Kingdom, Greece and Turkey and the leaders of the Greek and Turkish Community of Cyprus . Under the London Agreement certain measures were agreed for the new arrangements in Cyprus one of which was the immediate establishment of a Joint Commission in Cyprus composed of one representative each nominated by the Government of Greece and the Government of Turkey together with a legal adviser nominated by the Foreign Ministers of Greece and Turkey for the purpose of drafting a constitution for the independent Republic of Cyprus .
The legal adviser so appointed was Professor marcel Bridel, of the University of Lausanne, assisted by Mr. louis Bagi, a lawyer from Lausanne .
Drafts of human rights
2. The Joint Constitutional Commission commenced officially its work on the 6th May, 1959, at a plenary session at which Professor Bridel was welcomed by the heads of the delegations. There were submitted two drafts for the constitution of Cyprus on behalf of the Greek and the Turkish delegations respectively and the matter was then referred to a preparatory sub-committee.
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Both drafts contained a part relating to human rights. The Greek drafts was mainly based on the constitution of Greece which originated from the constitution of Turkey of the roth january 1945 and was rather following the Convention for the Protection of Human Rights and Fundamental Freedoms of the Council of Europe made at Rome on the 4th November 1950. The human rights provided in such drafts were of the "classic type" or of the "old catalogue" and were referring to political and civil rights.
Social and economic rights
3. It was Professor Bridel who, by his proposed draft for the articles of the constitution on fundamental human rights, submitted to the preparatory sub- committee, raised the question of the inclusion of certain social or economic rights in the proposed constitution of Cyprus . The preparatory sub-committee at a series of meetings considered the draft of the part of the constitution relating to human rights and produced its first draft on the roth August 1959. That part pogether with the other parts of the constitution were considered at successive meetings of the preparatory sub-committee held in Cyprus and later at Lausanne, where the preparatory sub-committee adjourned its meetings, from the 18th january to 10th February, 1960. At those meetings the final draft relating to human rights was settled, the only question remaining outstanding being that relating to the right to marriage. That right, after protracted discussions of the delegations was finally settled and the present Article 22 of the constitution took its final from.
4. The draft prepared by the preparatory sub-committee in English was adopted by the Joint Constitutional Commission at its plenary session of the 6th April 1960 over which Professor Bridel presided and was then translated into Greek and Turkish, the two official languages of the Republic under the Zurich Agreement. The Greek and Turkish text thus prepared was declared to be the relevant text of the constitution of the Republic of Cyprus under the Republic of Cyprus Order-in-Council 1960 and was initialled by initialled by representations of the British, Greek and Turkish Governments and the two leaders of the Greek and Turkish Community in Cyprus in the early hours of the 16th August, 1960, when it was put into force .
Part II of the constitution is entitled "Fundamental Right and Liberties" and as already stated apart from the political and civil rights deals also with social, economic and cultural rights.
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II
THE ORGIN AND EVOLUTION
OF THE SOCIAL AND ECONOMIC RIGHTS
No right can pre-exists the state
1. Though by nature the man., the abstract human being stripped of all his relations, has been endowed at his birth by his creator with the gife to live in freedom, to enjoy his belongings and to perpetuate his life in the person of his descendants, neverhteless we cannot speak about rights until after the formation of the society and the emergence of the state. A right, irrespective of whether it is a power of the will or a protected interest or a power of the will capable of protecting an interest , is always granted by law and presupposes the existence of the state .
Nature and origin of human rights
2. But, as rightly pointed out, the law relating to human rights arises out of the nature of man and it is "rational, universal and fundamental as the expression of the highest reason of man".
It is not my purpose to embark upon a detailed examination of the historical evolution of the law of human rights but the first constitutional documents whereby human rights were declared and recognized (i.e. the Manga Carta of 1215, the Petition of Rights of 1628 and the Bill of Rights of 1688 in England, the Virginaia Bill of Rights of 1776 the first constitution of Massachusetts of 1780 and the Declaration of Independence of 4th July 1776 in the United States of America and the French Declaration of 1789, 1793 and 1795) influenced by the political philosophy of the eighteenth century and the then prevailing liberal doctrines were aiming at the protection of the individual against oppression by the political authority. During a period of absolute monarchy the emerging new commercial, industrial and cultural middle class was feeling oppressed and exploited by the state represented by the ruling upper privileged class of the nobles and the clergy. It was against the state that protection was sought and for this reason political and civil rights were recognized to the individual to whom a sphere of free activity was left (liberte-autonomie) within the limits of which the state should either refrain from interfering in any way or was allowed to interfere
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very sparingly on certain exceptional occasions provided by law . According to this view liberty and authority are two opposing conception and liberty is a right belonging to the individual as against the state which he could resist by preventing any interference with his rights (liberte-resistance) . The duties of the state towards the individual consist in its abstention (nec facere) from any action which may affect his individual rights.
Transformation of conception of human rights
3. With the changed industrial, social technological and cultural conditions in the twentieth century and the development of new methods of production, consumption, credit and commercial relations, it was found that the classical indiovidual civil and political rights could not satisfy the needs of the man, in the modern society. What was the use of having the inviolability of his home protected, if he could not have a decent home to live in or of guaranteeing the freedom of expressing his thoughts if having to work since childhood had not the means nor the time to receive instruction and education enabling him to formulate proprly his thoughts or of securiting the freedom of movement ij he had no other place to go to?
For this reason, in the twentieth century the conception of human rights has undergone a radical transformation in three main respects.
(a) their domain has been expanded so as to include apart from the classic human civil and political rights, economic and social rights as well .
The propose of social rights is not only to protect the individual vis-a-vis the state but also to assist him to develpo effectively his personality by the creation of conditions and the discharge of services enabling him to overcome oppression from other social forces.
In his message to the Congress of the 6th january, 1941, President Roosevet in connection with the aims of the war formulated the four freedoms "freedom of speech, freedom of religion, freedom from want and freedom fear" . The last two freedoms disclose conciselt the aim of social rights as tendong to liberate the man from all the economic oppressions and to secure him from isolation, insecurity and economic dependence .
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The social rights are not opposed to the classic political and civil rights but on the contrary they expand and implement them by affording to the individual the means and opportunity to exercise and enjoy such rights;
(b) Their juridical conception has been changed from a right to claim an abstention by state to a right to require some positive action. In the epigramatic observation of Professor Burdeau:
Tandis que les droits individuels, au sens traditionnel, sont des pouvoirs d'interdire, les droits sociaux sont des pouvoirs d'exiger .
In the daily life various from of constraints, pressures and abuses emanate not only from the state but also from various other quarters such as big enterprises in the factory, the workshop, the office and other large groups and must be guarded against. The individual invokes then the protection of the state which by a positive action has to intervene for the safeguard of his rights not only on the public law ashere but also in connection with private law relations . Most of such rights should be exercised for the public benefit, the individual having a duty towards the society and the individual rights being transformed to social functions .
(c) whilst the classic human right belonged to the individual and its enforcement rested with him, the state authorising and protecting its exercise, the social and economic rights belong rather to a class and become collective rights belonging to all the members of the class . In this way there is a scialisation de la liberte, the individual right becoming a recognised social function organised for the benefit of the community .
Constitutional provisions relating to social rights
Although for the first time a provision was made for certain social rights in the French Declaration of the 24th June 1793 nevertheless chronologically it was the constitution of Weimar of the 11th August 1919 which incorporated these new trends in a systematic way and opened the series of new declarations of human rights followed by other European constitutions in the period between the two world wars .
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Most of the post-war constitutions contain declarations of human and social rights . They contain also provision about the duties of the citizen (mainly relating to taxing obligations, obligation to serve in certain services without any remuneration, obligation of partents to maintain their children and the disposal of one's natural and intellectual capacities for the benefit of the society) and other social provisions referring to the economic life, the property, the work, the family and the cultural life .
Internationalisation of human rights
4. The human rights, however, have not remained within the province of the domestic jurisdiction of the states but have not entered the international plane and have been internationalised. Although international law is a law regulating the rights and duties of the states inter se and the individual human being is not directly a subject of international law, nevertheless even in the past the protection of some of his fundamental rights on humanitarian grounds was invoked in state practice as a ground for intervention and now with the creation of new international organizations in the words of de la Pradelle: le moment est venu, pour l'homme ecartant l'Etat, de monter avec des institutions nouvelles au premier pang de la vie internationale .
The internationalisation of human rights started after the end of the First World War with the establishment of the League of Nations, when the rigidity of the conception of sovereignty was relaxed and the need for the protection of minorities contributed to bringing forward the international protection of human rights . Certain individual freedoms and social rights of the workmen and generally of employed people were recognized and put under the protection of international organizations such as the International Labour Organizations and the International Labour Office .
After the Secound World War the internationalisation of human rights was extended . The important steps towards this direction were taken by the Charter of the United Nations, the Universal Declaration of Human Rights, the Convention for the Protection of Human Rights and Fundamental Freedoms with its Protocols of the Council of Europe and the European Social Charter .
Recently on the 16th December 1966 the general Assembly of the United Nations adopted unanimously the International Covenant on Economic, Social and Cultural Rights, the International Covenant on Civil and Political Rights and by 66 votes to 2 with 38 abstentions the Optional Protocol to the International Covenant
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on Civil and Political Rights . All those documents have been opened for signature since the 19th December, 1966.
The Republic of Cyprus was amongst the six first countries (that is to say Costa Rica, Cyprus, Honduras, Israel, Jamaica and Philippines) which signed the aforesaid documents.
III
THE SOCIAL AND ECONOMIC RIGHTS
UNDER THE CONSTITUTION AND LAW OF CYPRUS
Constitution aims at welfare state
1. The constitution of the Republic of Cyprus by a series of Articles guarantees to the individual certain social and economic rights which are to be exercised within the framework of public interest and common good.
Without adhering to a particular economic or social system a fair balance is maintained between the individualistic liberal theories of the laisser-faire state of the last century and the social trends of the twentieth century. Thous though the private initiative and free economy are declared and adhered to nevertheless the private entreprise is cheked by state intervention when public interest and benefit so require. The functions and the role of the state contemplated by the constitution are those of the "welfare state" .
Right to decent existence and social security
2. Article 9 of the Constitution provides that:
Every person has the right to a decent existence and to social security. A law shall provide for the protection of the workers, assistance to the poor and for a system of social insurance .
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By this Article two rights are guaranteed - a right to decent existence and a right to social security.
What is a "decent existence" in not provided in the Article but from its whole tenor it appears that the state has an obligation to create ans maintain such conditions of living of wotk and of health as to enable every person to enjoy a standard of living adequate for the health and well-being of himself and his family.
The right to social security on the other hand tends to protect the individual in the event of unemployment, sickness, disability, widonwhood, old age, or other lack of livelihood in circumstances bevond his control.
The secound limb of the Article, whereby means of securing and enforcing the right guaranteed under its firts limb are provided, may be used in aid of interpretation of the letter. The state has a constitutional duty to enact a law for the protection of the workers, assistance to the poor and for a system of a social insurance.
A question has arisen as to whether the provisions, of that Article relate only to a legislative programme containing directives to the legislature or whether they are substantive constitutional law creating obligations for the legislature and rtights for the individual .
From the wording of this Article coupled with the provisions of Article 35 under which "the legislative, executive and juridical authorities of the Republic shall be bound to secure, within the limits of their respective competence, the efficient provisions of this Part" it follows that Article 9 contains substantive constitutional rules and that there exists a command and not merely a directive to the legislature .
Actually laws for the protection of the workers were in existence on the date of coming into force of the constitution and were saved by its Article 188 . Certain laws protecting the workers were enacted after the establishment of the Republic .
After the establishment of the Republic labour legislation for the protection of the wotkers was enacted and the Republic acceded to many international labour conventions which having been approved by law and published in the official gazette of the Republic have, under Article 169 of the constitution, superior force to any municipal law.
There were also certain labour conventions which being applicable to the Colony of Cyprus on independence day continue to apply in the Republic under the provisions of Article 8 of the Treaty of Establishment (the inheritance Clause).
With regard to social insurance the Social Insutance law, 1964 was enacted.
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Freedom to work and of trade and business
3. Every person has the right to preactice any profession or to carry any trade or business . No person shall be required to perform forced or compulsory labour.
In the laissez faire state the principle of free enterprise was prevailing and the individual was at liberty to choose his own profession or exercise any business without being bound to belong to any corporation or to have franchise or grant from government .
But the exercise of such could not be absolute as the state has a power to regulate it for the protection of the rights of others or of the community at large. The existence of the state itself and requirements of good government presuppose such regulation.
The powere of regulation is expressly and restrictively provided in the constitution of Cyprus and is not to be inferred from the general police power of the state as elsewhere and consists in prescribing formalities, conditions or restrictions for the exercise of this right.
Such formalities, conditions or restrictions should however, be provided by law and should relate regarding a profession execlusively to the qualifications usually required for the exercise of such profession or necessary only in the interests of the security of the Republic or the constitutional order or the public safety or the public or the public health or the public morals or for the protection of the rights and liberties guaranteed by the constitution to any person or in the public interest.
Even before the establishment of the Republic the state was intervening in the economic sphere and regulating certain commercial and other business activities in the public interest. Such intervention has been expanded since the establisment of the Republic on grounds of public interest.
A five years economic plan was made in respect of the years 1962 to 1966 which was essentially a public investment programme. It was implemented by the Development Budget of each year to which it related and was carried out. A secound five year plan is in the course of preparation. Such planification is not inconsistent with the free economy contemplated by the constitution.
As an exception to the freedoms of work, to the freedoms of work, trade and business guaranteed under Article 25 of the constitution a law may provide if it is in the public interest, that certain enterprises of the nature of an essential public service or relating to the exploitation of sources of energy or other natural
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resources shall be carried out exclusively by the Republic or a municipal corporation or by a public corporate body created for the purpose by such law and administered under the control of the Republic and having a capital which may be derived from public and private funds or from either such source only.
By this constitutional provision power is given to the state to create a state monopoly subject to the following conditions:
(a) such monopoly should be created by law;
(b) in the public interest;
(c) only with regard to enterprises constituting an essential public service or relating to the exploitation of sources of energy or other natural resources and
(d) be carries out exclusively by the state or a municipal corporation or a public corporation created ad hoc by such law.
The public corporation is a new type of public institution created for the purposes of "overcoming the antithesis of government and business ... It is clothed with the power of government but possessed of the flexibvility and initiative of private enterprise".
Such corporation should be administered under the control of the Republic.
The creation of the state monopoly contemplated by Article 25 (3) of the constitution is not a from of nationalisation as no individual property (in any from) is transferred to the state. No question of compensation, therefore, arises. Nevertheless by the proviso to paragraph 3 or Article 23 it is provided that "where the enterprise was carried out by any person, other than a municipal corporation or a public corporate body, the installations used for such enterprise shall at the request of such person be acquired on payment of a just price by the public corporate body concerned.
Freedom to contract
4. Closely connected with the right to work and the freedom of trade and business and one of the means for their effectuation is the freedom to contract, guaranteed under Article 26 of the constitution which reads as follows:
Every person has the right to enter freely into any contract subject to such conditions, limitations or restrictions as are laid down by the general principles of the law of contract. A ;law shall provide for the prevention of exploitation bu persons who are commanding economic power.
It is to be observed that what is protected under this Article is the right to enter into a contract and not the obligations arising aou of an agreement resulting
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from an exercise of that right as under Articel 1 Section 10 paragraph 1 of the constitution of the United States. Rights arising out of a contract are not fundamental rights guaranteed by the constitution of Cyprus. It is competent, therefore for the state by legislation to alter the terms and condituions of a contract in the public interest. Thus a law for the protection of distressed tenants was not found to be unconstitutional. Also reference may be made inter alia to the Interest law (Cap 150) fixing the maximum rate of interest at 9% to the Ursury (Framers) Law (Cap 101); the Rent (Control) Law (Cap 86); the rent Control (Business Premises) Law 1961, the Commodities and Services (Regulations and Control) Law, 1962; the Agricultural Farmers Relief Law, 1962.
But even in the United State where not only the right to contract is guaranteed but any interderence with the obligations of a contract by state legislation is precluded is was found that the states retain a protective power of control exercised in a manner otherwise appropriate in the regulation of business.
But even the exercise of the right to contract under the constitution of Cyprus is not absolute but it is "subject to such conditions, limitations or restriction as are laid down by the general principles of the law of contract". The existence of a contract is determined by such principles. It is essential, therefore, that the parties to the contract should have the necessary legal capacity, that there should be a consensus ad idem and that the contract should not be void for any reason whatsoever including that of illegality.
The freedom to contract implies that the parties are standing on an equal basis because as observed by Friedmann "the concept of freedom and equality in contract are interchangeable". For this puropose and in order to restore equality between the parties, which owing to prevailing economic conditions may have been disturbed, the constitution provides that the exploitation by persons who are commanding economic power should be prevented by law. As observed by Chief Justice Hughes in West Coast Hostel v. Parrish (81 Law ed. p. 701):
The explotation of a class of workers who are in an unequal position with respect to bargaining power and are thus relativey defenceless against the denial of a living wage is not only detrimental to their health and wellbeing but costs a direct burden for their support upon the community. That these workers lose on wages the taxpayers are called upon to pay.
In this respect reference may by made to the aforementiones labour legislation and also to the recently enacted Annual Leaves with Payment Law 1967 and the Termination of Employment Law 1967.
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It is observed that the freedom to contract is guaranted to the individual against interference by the state and where any limitation or restriction is made not in the interest of the state or any public body but for the purpose of regulation of civil law rights any such interference is not unconstitutional.
Finally by paragraph 2 of Article 26 it is provided that a law may provide for collective labout contracts of obligatory fulfilment by employers and workers with adequate protection of the rights of any pertson whether or not represented at the conclusion of such contract.
By that provision the legal nature of a collective agreement is determined. A collective agreement creates norms binding the employers and workmen who become parties to individual contracts of employment amde thereunder or in consequence of such agreement although not represented at its conclusion.
Collective bargaining in the modern society aims establishing equality in the bargaining power of the parties and marks the exercise of public law function through private groups and in private law matters.
Freedom to from and join trade unions
5. Apart from the general freedom of association the constitution of Cyprus, like some other constitutions, guarantees specifically the freedom of forming and joining a trede union (liberte syndicale). Even before the establishment of the Republic trade unions were recognised by law and were functioning in Cyprus.
Under the law of Cyprus a trade union is a combination whether temporary or permanent of the relations between workmen and employers or between workmen and workmen, or between employers and employers and includes a federation of trade unions the members of which are engaged in the same or similar trade or calling. Theconstitutional guarantee extends also to any federation or confederation or trade unions.
The constitution guarantees both the positive freedom of every person to from and join a trade union of this choice and the negative freedom of every person not to join or to continue to be a member of a trade union. This is in line with the prevailing trend in Europe where "compulsory trade unionism" is not favoured.
It folows that any provision in any collective labour agreement wherby the "general organization clause" to the effect that the employer shall employ workers belonging to a trade union or the "restricted organization clause" whereby the employer shall employ workersbelonging to the trade union with which the
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collective labour agreement was made in void as contrary to the freedom guarabteed under the constitution.
Furthermore by section 50 of the Trade Unions Law 1965 it is expressly provided that it shall not be lawful to make the employment of a worlman subject to the condition that he shall not join or shall relinquish trade union membership or to cause the dismissal or otherwise prejudice a workmen by reason of trade union membership or because of participation in trade union activities outside working hours. Of course the freedom of the employer to engage a workman of his choice, irrespective of whether such workman is or is not a member of trade union, remains unrestricted.
Right to strike
6. The constitution of Cyprus recognizes the right to strike. Article 27 reads as follows:
The right to strike is recognized and its exercise may be regulated by law for the purposes of safeguarding the security of the Republic or the constitutional order or the public order or the public safety or the maintenance of supplies and services essential to the life of the inhabitants or the protection of the rights and liberties guaranteed by the constitution to any person.
It follows thet the constitutional recognition of strikes as a fundamental right precludes the legislature from undermining it by way of regulation of its exercise. As Professor Burdeau says: reglementer n'est pas supprimer. A law cannot render punishable the exercise of such right nor hinder it either directly or indirectly by providing prejudicial consequences of a civil nature against the strikers. The regulation by law should be made for the reasons which are restrictively provided in the aforecited Article 27 and which cannot be expanded but shall be interpreted strictly (Article 33).
There is not definition of "strike" but that expression should be given the meaning accepted by the courts as a simultaneous, concerted and collective cessation of work for the purpose of supporting claims relating to condituons of work. The aim of a strike presupposes the relation of employer and employee and its aim should have an economic character. So it seems that political strikes are not guaranteed by the constitution.
The general recognition of the right to strike under paragragh 1 of Article 27 of the constitution is qualified, however, with respect to members of the armed forces and the police and the public service.
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Paragraph 2 reads as follows:
The members of the armed forces, of the police and of the gendarmerie shall not have the right to strike. A law may extend such prohibition to the members of the public service.
The strike of members of the armed forces and the police aiming at compelling the state to accept more favourable conditions of service is considered as inconsistent with their status and the nature of the service which should continue to be exercised unhampered for the attainment of state purposes. Though similar considerations may apply to the members of the public service nevertheless the constitutional provision is an enabling one. A law was recently enacted about the public service but contains no prohibition of strikes by public officers.
There is an apparent inconsistency between the above paragraph 2 of Articel 27 of the constitution and paragraph 2 of Article 8 of the United Nations which, as already stated, the Republic signed though not yet approved by a law.
Paragraph 2 of Article 8 of the Covenant reads as follows:
This Article shall not prevent the imposition of lawful restrictions on the exercise of these rights by members of the armed forces or of the police or of the administration of the state.
The constitution denies the existence of such to members of the armed forces and the police whilst the Covenant presupposes the existence of such right and confers only power of imposing lawful restrictions on the exercise of the right.
But as pointed out by Basu "restriction does not exclude the idea of prohibition everything being a question of degree". As observed also by the Privy Council "regulation may clearly take the from of denying certain activities to persons who by age or circumstances are unfit to perform them ... Here again a question of fact and degree is involved".
So long as the strike means the simultaneous cessation of work and presupposes the existence of relationship between employer and employee and of "a trade dispute" it can hardly be alleged that it may be resorted to by members of the armed forces of the state.
So in spite of an apparent inconsistency between the two texts in substance no differentiation exists.
IV
REMEDIES FOR ENFORCEMENT OF SOCIAL AND ECONOMIC RIGHTS
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Constitutional remedies
1. Mere declaration of economic and social rights without any provision for their enforcement would be purposeless. For this reason the constitution of Cyprus not only defines the rights in clear language but provides also affective remedies for their enforcement.
The legislative executive remedies and judicial authorities of the Republic shall be bound to secure within the limits of their respective competence the efficient application of the provisions relating to fundamental rights and liberties.
Where a positive legislative action is required to be taken the legislature has a constitutional duty to take such and enact the law required. On the other hand if the provision of any law is in any way contrsry to or inconsistent with the constitutional provisions such law may, on the question being by the Suprem Court as unconstitutional when it become inapplicable to such proceeding. Any such decision of the Supreme Court is binding on all courts, orgens, authorities and persons in the Republic.
If the fundamental rights of a person are violated by any administrative act or omission that person amy apply to the administrative authority for redress under Article 29 of the constitution and if he does not get satisfaction he may have recourse to the Supreme Court for the annulment of such act or omission as being contrary to the provisions of the constitution or of any law or is made in excess or abuse of powers and the Supreme Court may declare such act as null and void and no effect whatsoever or declare the such omission ought not to have been made and that whatever has been omitted should have been performed. Furthermore the person aggrieved may resort to the Supreme Court for any of the Prerogative orders of mandamus or quo warranto.
If a person is aggrieved by a judicial act he may appeal to the Supreme Court and further he may apply for an order of certiorari or prohibition.
International protection
2. The Republic of Cyprus has already signed the International Covenant on Economic, Social and Cultural Rights of the United nations and the European Social Charter of the Council of Europe. It is hoped that very soon they will be
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approved by a Law and thus have the force of law, superior to any municipal law (Article 169 (3) of the constitution).
The protection of the social and economic rights will thus now be brought on the international sphere. And though there is no provision for a recourse to an international body in connection with any grievance organizations will be interesed in the way Cyprus is protecting such rights and informed about the situation.