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Sovereign Law Series

“Declaration on the Right and Responsibility
of Individuals Groups and Organs of Society
to Promote and Protect Universally
Recognized Human Rights” of 1998


Short-Form Reference:

1998 “Declaration on Right and Responsibility
to Protect Human Rights”

In-Line Micro Reference:

1998 “Right to Protect Human Rights”

Ratification / Registration:

UN-GA Res. 53/144 (09 Dec 1998)


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Introductory Notes by the Independent Judiciary

Download Sovereign Law Series – This “Sovereign Law Series” is presented by the
Sovereign Court of International Justice (SCIJ), as a proprietary system for standardized
reference and effective use of international law sources. It provides primary sources
of the modern framework of “conventional international law”, which contains
provisions to invoke “customary international law” which is the “Common Law”.
Download the “Intro & Index” (with links to all documents in the collection) here:

Introduction & Index

Independence from the UN – The United Nations (UN) is not a “world government”,
and has no authority for any type of “global governance”: The UN is prohibited to
interfere with self-determination of peoples or sovereignty of States (UN Charter,
Articles 1.2, 2.1, 2.7), and is liable for any of its own violations of international law and
rights (2012 Declaration on Rule of Law, Article 2). The UN is not a “world
parliament”, and has no authority to enact any form of “legislation”: The UN General
Assembly (GA) is only a forum for States to codify and declare general recognition of
rights and doctrines of international law (UN Charter, Article 13.1).

Reclaiming Law and Rights – The UN has no authority to “own” or “control”
international law: All the conventions actually belong to the Peoples of the Nations,
and the UN is only authorized to register and publish them (1969 Law of Treaties,
Articles 1(e), 76.1, 80; UN Charter, Article 102). Once a convention recognizes “rights”,
those “may not be revoked or modified” (1969 Law of Treaties, Articles 36.1, 37.2),
and “become binding upon” all States as “customary rules of international law” which
are “recognized” by that convention (Article 38). Therefore, all law and rights
evidenced in conventions belong to the People, and can be invoked by the People and
enforced by the Independent Judiciary, in perpetuity.

Words of Rights in Red – Operative words and phrases most effective for invoking and
enforcing Rights, which are the most used by Barristers and Judges, are printed in Red
font for ease of visual reference. Some key words may be underlined for emphasis.

Commentary in Green – [Expert commentary from Barristers and Judges may be
added in Green font, in Brackets, to guide effective use to assert and enforce rights.]



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Official Text of this Law Source as Ratified

Declaration on the Right and Responsibility of Individuals Groups
and Organs of Society to Promote and Protect Universally
Recognized Human Rights

Preamble

The General Assembly,

Reaffirming the importance of the observance of the purposes and principles of the
Charter of the United Nations for the promotion and protection of all human rights
and fundamental freedoms for all persons in all countries of the world;

Reaffirming also the importance of the Universal Declaration of Human Rights and the
International Covenants on Human Rights as basic elements of international efforts to
promote universal respect for and observance of human rights and fundamental
freedoms and the importance of other human rights instruments adopted within the
United Nations system, as well as those at the regional level;

Stressing that all members of the international community shall fulfill, jointly and
separately, their solemn obligation to promote and encourage respect for human
rights and fundamental freedoms for all without distinction of any kind, including
distinctions based on race, colour, sex, language, religion, political or other opinion,
national or social origin, property, birth or other status, and reaffirming the particular
importance of achieving international cooperation to fulfill this obligation according to
the Charter;

Acknowledging the important role of international cooperation for, and the valuable
work of individuals, groups and associations in contributing to, the effective
elimination of all violations of human rights and fundamental freedoms of peoples and
individuals, including in relation to mass, flagrant or systematic violations such as
those resulting from apartheid, all forms of racial discrimination, colonialism, foreign
domination or occupation, aggression or threats to national sovereignty, national unity
or territorial integrity and from the refusal to recognize the right of peoples to self-
determination and the right of every people to exercise full sovereignty over its wealth
and natural resources;

Recognizing the relationship between international peace and security and the
enjoyment of human rights and fundamental freedoms, and mindful that the absence
of international peace and security does not excuse non-compliance;
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Reiterating that all human rights and fundamental freedoms are universal, indivisible,
interdependent and interrelated and should be promoted and implemented in a fair
and equitable manner, without prejudice to the implementation of each of those
rights and freedoms;

Stressing that the prime responsibility and duty to promote and protect human rights
and fundamental freedoms lie with the State;

Recognizing the right and the responsibility of individuals, groups and associations to
promote respect for and foster knowledge of human rights and fundamental freedoms
at the national and international levels;

Declares:

Article 1

Everyone has the right, individually and in association with others, to promote and to
strive for the protection and realization of human rights and fundamental freedoms at
the national and international levels.

Article 2

1.
Each State has a prime responsibility and duty to protect, promote and
implement all human rights and fundamental freedoms, inter alia, by adopting such
steps as may be necessary to create all conditions necessary in the social, economic,
political and other fields, as well as the legal guarantees required to ensure that all
persons under its jurisdiction, individually and in association with others, are able to
enjoy all those rights and freedoms in practice.

[Note that unincorporated Common Law entities in the jurisdiction of customary
international law, “have the right” to operate as private “associations or groups” when
dedicated to “promoting human rights” (Article 5(b)). This provision (Article 2.1)
mandates that such Common Law entities have the right to “all conditions necessary…
to enjoy all those rights… in practice”.]

2.
Each State shall adopt such legislative, administrative and other steps as may be
necessary to ensure that the rights and freedoms referred to in the present
Declaration are effectively guaranteed.



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Article 3

Domestic law consistent with the Charter of the United Nations and other
international obligations of the State in the field of human rights and fundamental
freedoms is the juridical framework within which human rights and fundamental
freedoms should be implemented and enjoyed and within which all activities referred
to in the present Declaration for the promotion, protection and effective realization of
those rights and freedoms should be conducted.

Article 4

Nothing in the present Declaration shall be construed as impairing or contradicting the
purposes and principles of the Charter of the United Nations or as restricting or
derogating from the provisions of the Universal Declaration of Human Rights, the
International Covenants on Human Rights and other international instruments and
commitments applicable in this field.

Article 5

For the purpose of promoting and protecting human rights and fundamental
freedoms, everyone has the right, individually and in association with others, at the
national and international levels:

(a) To meet or assemble peacefully;

(b) To form, join and participate in non-governmental organizations, associations or
groups;

(c)
To communicate with non-governmental or intergovernmental organizations.

[This provision (Article 5) mandates that unincorporated Common Law entities, in the
jurisdiction of customary international law, “have the right” to operate as private
“associations or groups” when dedicated to “promoting human rights”. This right is
protected by the right to “all conditions necessary… to enjoy all those rights… in
practice” (Article 2.1), and by the prohibition that “No one shall participate… in
violating” these rights (Article 10).]



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Article 6

Everyone has the right, individually and in association with others:

(a) To know, seek, obtain, receive and hold information about all human rights and
fundamental freedoms, including having access to information as to how those rights
and freedoms are given effect in domestic legislative, judicial or administrative
systems;

(b) As provided for in human rights and other applicable international instruments,
freely to publish, impart or disseminate to others views, information and knowledge
on all human rights and fundamental freedoms;

(c)
To study, discuss, form and hold opinions on the observance, both in law and in
practice, of all human rights and fundamental freedoms and, through these and other
appropriate means, to draw public attention to those matters.

Article 7

Everyone has the right, individually and in association with others, to develop and
discuss new human rights ideas and principles and to advocate their acceptance.


Article 8

1.
Everyone has the right, individually and in association with others, to have
effective access, on a non-discriminatory basis, to participation in the government of
his or her country and in the conduct of public affairs.

2.
This includes, inter alia, the right, individually and in association with others, to
submit to governmental bodies and agencies and organizations concerned with public
affairs criticism and proposals for improving their functioning and to draw attention to
any aspect of their work that may hinder or impede the promotion, protection and
realization of human rights and fundamental freedoms.

[This provision (Article 8.1) is one of the rights of Common Law entities in customary
law jurisdiction which are dedicated to human rights (Article 5). This right is protected
by the right to “all conditions necessary… to enjoy all those rights… in practice (Article
2.1), and by the prohibition that “No one shall participate… in violating” these rights
(Article 10).]



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Article 9

1.
In the exercise of human rights and fundamental freedoms, including the
promotion and protection of human rights as referred to in the present Declaration,
everyone has the right, individually and in association with others, to benefit from an
effective remedy and to be protected in the event of the violation of those rights.

2.
To this end, everyone whose rights or freedoms are allegedly violated has the
right, either in person or through legally authorized representation, to complain to and
have that complaint promptly reviewed in a public hearing before an independent,
impartial and competent judicial or other authority established by law and to obtain
from such an authority a decision, in accordance with law, providing redress, including
any compensation due, where there has been a violation of that person's rights or
freedoms, as well as enforcement of the eventual decision and award, all without
undue delay.

3.
To the same end, everyone has the right, individually and in association with
others, inter alia:

(a)
To complain about the policies and actions of individual officials and
governmental bodies with regard to violations of human rights and fundamental
freedoms, by petition or other appropriate means, to competent domestic judicial,
administrative or legislative authorities or any other competent authority provided for
by the legal system of the State, which should render their decision on the complaint
without undue delay;

(b) To attend public hearings, proceedings and trials so as to form an opinion
on their compliance with national law and applicable international obligations and
commitments;

(c)
To offer and provide professionally qualified legal assistance or other
relevant advice and assistance in defending human rights and fundamental freedoms.

4.
To the same end, and in accordance with applicable international instruments
and procedures, everyone has the right, individually and in association with others, to
unhindered access to and communication with international bodies with general or
special competence to receive and consider communications on matters of human
rights and fundamental freedoms.

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5.
The State shall conduct a prompt and impartial investigation or ensure that an
inquiry takes place whenever there is reasonable ground to believe that a violation of
human rights and fundamental freedoms has occurred in any territory under its
jurisdiction.

Article 10

No one shall participate, by act or by failure to act where required, in violating human
rights and fundamental freedoms and no one shall be subjected to punishment or
adverse action of any kind for refusing to do so.

Article 11

Everyone has the right, individually and in association with others, to the lawful
exercise of his or her occupation or profession.

Everyone who, as a result of his or her profession, can affect the human dignity,
human rights and fundamental freedoms of others should respect those rights and
freedoms and comply with relevant national and international standards of
occupational and professional conduct or ethics.

Article 12

1.
Everyone has the right, individually and in association with others, to participate
in peaceful activities against violations of human rights and fundamental freedoms.

2.
The State shall take all necessary measures to ensure the protection by the
competent authorities of everyone, individually and in association with others, against
any violence, threats, retaliation, de facto or de jure adverse discrimination, pressure
or any other arbitrary action as a consequence of his or her legitimate exercise of the
rights referred to in the present Declaration.

3.
In this connection, everyone is entitled, individually and in association with
others, to be protected effectively under national law in reacting against or opposing,
through peaceful means, activities and acts, including those by omission, attributable
to States that result in violations of human rights and fundamental freedoms, as well
as acts of violence perpetrated by groups or individuals that affect the enjoyment of
human rights and fundamental freedoms.



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Article 13

Everyone has the right, individually and in association with others, to solicit, receive
and utilize resources for the express purpose of promoting and protecting human
rights and fundamental freedoms through peaceful means, in accordance with Article
3 of the present Declaration.

[This provision, “the right” to “receive and utilize resources”, includes economic
resources through access to banking services (Article 13). This is one of the rights of
Common Law entities in customary law jurisdiction which are dedicated to human
rights (Article 5). This right is protected by the right to “all conditions necessary… to
enjoy all those rights… in practice (Article 2.1), and by the prohibition that “No one
shall participate… in violating” these rights (Article 10).]

Article 14

1.
The State has the responsibility to take legislative, judicial, administrative or
other appropriate measures to promote the understanding by all persons under its
jurisdiction of their civil, political, economic, social and cultural rights.

2.
Such measures shall include, inter alia:

(a) The publication and widespread availability of national laws and
regulations and of applicable basic international human rights instruments;

(b) Full and equal access to international documents in the field of human
rights, including the periodic reports by the State to the bodies established by the
international human rights treaties to which it is a party, as well as the summary
records of discussions and the official reports of these bodies.

3.
The State shall ensure and support, where appropriate, the creation and
development of further independent national institutions for the promotion and
protection of human rights and fundamental freedoms in all territory under its
jurisdiction, whether they be ombudsmen, human rights commissions or any other
form of national institution.



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Article 15

The State has the responsibility to promote and facilitate the teaching of human rights
and fundamental freedoms at all levels of education and to ensure that all those
responsible for training lawyers, law enforcement officers, the personnel of the armed
forces and public officials include appropriate elements of human rights teaching in
their training programme.

Article 16

Individuals, non-governmental organizations and relevant institutions have an
important role to play in contributing to making the public more aware of questions
relating to all human rights and fundamental freedoms through activities such as
education, training and research in these areas to strengthen further, inter alia,
understanding, tolerance, peace and friendly relations among nations and among all
racial and religious groups, bearing in mind the various backgrounds of the societies
and communities in which they carry out their activities.

Article 17

In the exercise of the rights and freedoms referred to in the present Declaration,
everyone, acting individually and in association with others, shall be subject only to
such limitations as are in accordance with applicable international obligations and are
determined by law solely for the purpose of securing due recognition and respect for
the rights and freedoms of others and of meeting the just requirements of morality,
public order and the general welfare in a democratic society.

Article 18

1.
Everyone has duties towards and within the community, in which alone the free
and full development of his or her personality is possible.

2.
Individuals, groups, institutions and non-governmental organizations have an
important role to play and a responsibility in safeguarding democracy, promoting
human rights and fundamental freedoms and contributing to the promotion and
advancement of democratic societies, institutions and processes.

3.
Individuals, groups, institutions and non-governmental organizations also have
an important role and a responsibility in contributing, as appropriate, to the
promotion of the right of everyone to a social and international order in which the
rights and freedoms set forth in the Universal Declaration of Human Rights and other
human rights instruments can be fully realized.
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Article 19

Nothing in the present Declaration shall be interpreted as implying for any individual,
group or organ of society or any State the right to engage in any activity or to perform
any act aimed at the destruction of the rights and freedoms referred to in the present
Declaration.

Article 20

Nothing in the present Declaration shall be interpreted as permitting States to support
and promote activities of individuals, groups of individuals, institutions or non-
governmental organizations contrary to the provisions of the Charter of the United
Nations.