世界人权宣言(英文版):Universal Declaration of Human Rights

Universal Declaration of Human Rights

   
 
Adopted and proclaimed by General Assembly resolution 217 A (III) of 10 December 1948

On December 10, 1948 the General Assembly of the United Nations adopted and proclaimed the Universal Declaration of Human Rights the full text of which appears in the following pages. Following this historic act the Assembly called upon all Member countries to publicize the text of the Declaration and “to cause it to be disseminated, displayed, read and expounded principally in schools and other educational institutions, without distinction based on the political status of countries or territories.”

PREAMBLE

    Whereas recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world,

    Whereas disregard and contempt for human rights have resulted in barbarous acts which have outraged the conscience of mankind, and the advent of a world in which human beings shall enjoy freedom of speech and belief and freedom from fear and want has been proclaimed as the highest aspiration of the common people,

    Whereas it is essential, if man is not to be compelled to have recourse, as a last resort, to rebellion against tyranny and oppression, that human rights should be protected by the rule of law,

    Whereas it is essential to promote the development of friendly relations between nations,

    Whereas the peoples of the United Nations have in the Charter reaffirmed their faith in fundamental human rights, in the dignity and worth of the human person and in the equal rights of men and women and have determined to promote social progress and better standards of life in larger freedom,

    Whereas Member States have pledged themselves to achieve, in co-operation with the United Nations, the promotion of universal respect for and observance of human rights and fundamental freedoms,

    Whereas a common understanding of these rights and freedoms is of the greatest importance for the full realization of this pledge,

Now, Therefore THE GENERAL ASSEMBLY proclaims THIS UNIVERSAL DECLARATION OF HUMAN RIGHTS as a common standard of achievement for all peoples and all nations, to the end that every individual and every organ of society, keeping this Declaration constantly in mind, shall strive by teaching and education to promote respect for these rights and freedoms and by progressive measures, national and international, to secure their universal and effective recognition and observance, both among the peoples of Member States themselves and among the peoples of territories under their jurisdiction.

Article 1.

    All human beings are born free and equal in dignity and rights.They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood.

Article 2.

    Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. Furthermore, no distinction shall be made on the basis of the political, jurisdictional or international status of the country or territory to which a person belongs, whether it be independent, trust, non-self-governing or under any other limitation of sovereignty.

Article 3.

    Everyone has the right to life, liberty and security of person.

Article 4.

    No one shall be held in slavery or servitude; slavery and the slave trade shall be prohibited in all their forms.

Article 5.

    No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.

Article 6.

    Everyone has the right to recognition everywhere as a person before the law.

Article 7.

    All are equal before the law and are entitled without any discrimination to equal protection of the law. All are entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination.

Article 8.

    Everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the constitution or by law.

Article 9.

    No one shall be subjected to arbitrary arrest, detention or exile.

Article 10.

    Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of his rights and obligations and of any criminal charge against him.

Article 11.

    (1) Everyone charged with a penal offence has the right to be presumed innocent until proved guilty according to law in a public trial at which he has had all the guarantees necessary for his defence.

    (2) No one shall be held guilty of any penal offence on account of any act or omission which did not constitute a penal offence, under national or international law, at the time when it was committed. Nor shall a heavier penalty be imposed than the one that was applicable at the time the penal offence was committed.

Article 12.

    No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honour and reputation. Everyone has the right to the protection of the law against such interference or attacks.

Article 13.

    (1) Everyone has the right to freedom of movement and residence within the borders of each state.

    (2) Everyone has the right to leave any country, including his own, and to return to his country.

Article 14.

    (1) Everyone has the right to seek and to enjoy in other countries asylum from persecution.

    (2) This right may not be invoked in the case of prosecutions genuinely arising from non-political crimes or from acts contrary to the purposes and principles of the United Nations.

Article 15.

    (1) Everyone has the right to a nationality.

    (2) No one shall be arbitrarily deprived of his nationality nor denied the right to change his nationality.

Article 16.

    (1) Men and women of full age, without any limitation due to race, nationality or religion, have the right to marry and to found a family. They are entitled to equal rights as to marriage, during marriage and at its dissolution.

    (2) Marriage shall be entered into only with the free and full consent of the intending spouses.

    (3) The family is the natural and fundamental group unit of society and is entitled to protection by society and the State.

Article 17.

    (1) Everyone has the right to own property alone as well as in association with others.

    (2) No one shall be arbitrarily deprived of his property.

Article 18.

    Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship and observance.

Article 19.

    Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.

Article 20.

    (1) Everyone has the right to freedom of peaceful assembly and association.

    (2) No one may be compelled to belong to an association.

Article 21.

    (1) Everyone has the right to take part in the government of his country, directly or through freely chosen representatives.

    (2) Everyone has the right of equal access to public service in his country.

    (3) The will of the people shall be the basis of the authority of government; this will shall be expressed in periodic and genuine elections which shall be by universal and equal suffrage and shall be held by secret vote or by equivalent free voting procedures.

Article 22.

    Everyone, as a member of society, has the right to social security and is entitled to realization, through national effort and international co-operation and in accordance with the organization and resources of each State, of the economic, social and cultural rights indispensable for his dignity and the free development of his personality.

Article 23.

    (1) Everyone has the right to work, to free choice of employment, to just and favourable conditions of work and to protection against unemployment.

    (2) Everyone, without any discrimination, has the right to equal pay for equal work.

    (3) Everyone who works has the right to just and favourable remuneration ensuring for himself and his family an existence worthy of human dignity, and supplemented, if necessary, by other means of social protection.

    (4) Everyone has the right to form and to join trade unions for the protection of his interests.

Article 24.

    Everyone has the right to rest and leisure, including reasonable limitation of working hours and periodic holidays with pay.

Article 25.

    (1) Everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control.

    (2) Motherhood and childhood are entitled to special care and assistance. All children, whether born in or out of wedlock, shall enjoy the same social protection.

Article 26.

    (1) Everyone has the right to education. Education shall be free, at least in the elementary and fundamental stages. Elementary education shall be compulsory. Technical and professional education shall be made generally available and higher education shall be equally accessible to all on the basis of merit.

    (2) Education shall be directed to the full development of the human personality and to the strengthening of respect for human rights and fundamental freedoms. It shall promote understanding, tolerance and friendship among all nations, racial or religious groups, and shall further the activities of the United Nations for the maintenance of peace.

    (3) Parents have a prior right to choose the kind of education that shall be given to their children.

Article 27.

    (1) Everyone has the right freely to participate in the cultural life of the community, to enjoy the arts and to share in scientific advancement and its benefits.

    (2) Everyone has the right to the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he is the author.

Article 28.

    Everyone is entitled to a social and international order in which the rights and freedoms set forth in this Declaration can be fully realized.

Article 29.

    (1) Everyone has duties to the community in which alone the free and full development of his personality is possible.

    (2) In the exercise of his rights and freedoms, everyone shall be subject only to such limitations as 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.

    (3) These rights and freedoms may in no case be exercised contrary to the purposes and principles of the United Nations.

Article 30.

    Nothing in this Declaration may be interpreted as implying for any State, group or person any right to engage in any activity or to perform any act aimed at the destruction of any of the rights and freedoms set forth herein.

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1 条评论

  1. Fuck Black 2008-03-30, 4:52 上午

    “对于人权概念的批评之一,主张人权只不过是一种文化的帝国主义。尤其人权的概念在根本上是源自于自由主义的观点,虽然这种概念在西欧、日本、印度、和北美洲都已经被普遍接受,但在某些国家并不一定会被接受。批评者主张那些提倡人权的思想家例如约翰·洛克、密尔都是来自西方国家,同时有些西方国家自身也曾做出帝国主义行径。这种论点还举出宗教来证明文化的霸权主义。然而,一些人也对文化霸权的批评论点提出质疑。虽然西方国家的哲学家如洛克、霍布斯和密尔都对现代人权概念的发展做出重要贡献,但人权概念本身也是起源于许多其他的文明和宗教,包括了基督教、犹太教、和伊斯兰较传统。除此之外,人权在实践上也会与帝国主义的行径产生冲突,因此人权也能被转换作为民族自决的理论。

    另一种批评则认为人权所主张的权利是具有阶层性的,因为各种不同权利之间的关系会互相影响。举例而言,要保障担任公职等政治权利不能不先确立一定的文化和社会条件,例如适当的教育。而后者是否应该被包括作为第一种基本的权利,则仍是争论的议题所在。

    还有一种批评则认为人权概念是根基于自行订立的道德观上。如果这种道德观只是个人依据自己喜好而表达的要求,那么人权所根基的客观道德原则也无法成立了。美国哲学家Richard Rorty便宣称人权只是根基于人类感情的表达上,而非一种理性的实现(不过,根基于利益理论的基础,他仍然支持法律上的人权)。Alasdair MacIntyre称人权其实与古代人类对于“独角兽和女巫的信仰相同”[10]。不过,这种批评如果不是针对人权,也有可能演变为与道德相对主义相近的理论。因为它宣称道德是个人喜好、没有客观标准可衡量道德基准的主张也会同时攻击到其他许多理论。

    马克思主义则反对西方人权观中“绝对的”“先验的”等唯心观点,认为人权不是从来就有不是“天赋”,而是生产力发展到一定阶段的产物。[11]马克思认为西方文明中的“人权”是带有阶级烙印的“特权”。“只要阶级还没有消灭,任何关于自由和平等的笼统议论都是欺骗自己,或者是欺骗工人,欺骗全体受资本剥削的劳动者,无论怎么说,都是在维护资产阶级的利益。”[12]马克思主义主张的“人权”,是建立在生产资料公有制上的“人权”,因为只有消灭了生产资料的私有制才有可能实现任何人之间真正平等,以及“人的解放”。

    对于人权的最后一种批评则聚焦于“谁才有责任监督人权”的问题上。人权的概念起源于避免公民遭到国家侵害,也因此这可能代表了所有人都有责任介入并保护受到侵害的其他人。也因此在对于民族和国籍的区隔上,由于那强调了人们的不同点而不是相同点,也有可能被人权运动视为是对人权不良的影响,因为那否认了人们天赋的相同权利。其他人则主张国家主权才是最重要的,因为是国家最先立下了人权的条约保证。在对于国家干预和使用暴力与某的争论议题上,争论者的主张通常也都与他们对于人权的看法差异有关,例如将人权看作是法律权利抑或是天赋权利、以及他们是属于世界主义抑或民族主义的立场都有关联。”

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