Human Rights in the International Agreements and Conventions

Human rights agreements and conventions and the adequate guarantees for safeguarding and consolidating them have witnessed major development since the League of Nation's endorsement of the mandate system to improve the conditions of the inhabitants in the autonomy-disadvantaged regions, safeguard workers under the umbrella of ILO, and protect minorities through granting them foreign privileges.
The human rights international agreements and conventions could be divided into:

· General Agreements and Conventions

The UN Charter is the first document that has openly pointed to the responsibility of the international community as a whole in consolidating and safeguarding basic human rights and fundamental freedoms. In chronological order, it is followed by the Universal Declaration of Human Rights (1948), the International Covenant on Economic, Social and Cultural Rights (1966) and the International Covenant on Civil and Political Rights (1966).
In addition, several international agreements had been issued before the establishment of UN; such as the two agreements of the Forced Labour and Abolition of Forced Labour, which were declared within the framework of ILO and the Slavery Convention.

After the establishment of UN, several agreements were added; such as:
- Convention on the Prevention of the Crime of Genocide (1948),
- Convention on the Exploitation of the Prostitution of Others (1949),
- Convention Relating to the Status of Refugees, and the protocol attached thereto,
- International Convention Against Apartheid in Sports,
- Convention on the Rights of Immigrant Workers,
- Some additional protocols such as the two protocols attached to the Convention on the Rights of the Child.

· Agreements and Conventions of Special Nature that regulate Certain Topics
- Geneva four Accords (1949),
- UN Declaration on the Elimination of All Forms of Racial Discrimination (1963),
- International Convention on the Elimination of All Forms of Racial Discrimination (1965),
- Convention on Prevention and Punishment of Annihilation of Human Race (1948),
- Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (1984),
- Convention on the Elimination of All Forms of Discrimination against Women (1979),
- Convention on the Rights of the Child (1989),
- The Basic Statute of the Criminal Court (1998).

· The Principles and Rules Issued by UN

Among these are:
- Standard and Minimum Rules for the Treatment of Prisoners (1955),
- Safeguards Guaranteeing Protection of the Rights of those Facing the Death Penalty (1984),
- Independence of the Judiciary (1985),
- Basic Principles on the Use of Force and Firearms (1990),
- Declaration on the Protection of all Persons from Enforced Disappearance (1992)

· Several Agreements and Conventions Were Issued on the Regional Level:
- The European Fundamental Charters of Human Rights (1950). It came into force on September 3, 1952. Forty countries acceded to it.
- The US Charter of Human Rights (1967). It came into force on July 18, 1967. Thirty-five countries acceded to it.
- Algeria Declaration of Human Rights (1976).
- The African Charter of Human and Peoples' Rights (1980). It came into force in 1986. Fifty-three countries acceded to it.
- The Arab Charter of Child Rights (1988).
- Cairo Declaration of Human Rights in Islam (August, 1990).
- The Arab Charter of Human Rights (1994). It did not come into force.

Human Rights in Divine Religions
And Positive Beliefs

The world principles of human rights are based on philosophical and secular sources, philosophers' and social reformers' thoughts and the principles of human revolutions that allow no racialism or discrimination among people on the basis of interest, benefit, sex, colour or religion.

The dominant principles in all religions rely on a divine rule that necessitates honor and respect for individuals, and confirms their rights without any distinction between them. These principles encourage dialogue with the other and proclaim to respect the human principles and the cultural heritage.

The Universal Declaration of Human Rights (1948) and the international agreements and conventions mainly, later on, represent the contents of all religions in the course of time along ages.

First: Human Rights in Divine Religions
Allah Almighty is the source of all the divine books. The Holy Quran tells us that all the messengers proclaimed for justice; “we verily sent our messengers with clear proofs, and revealed with them the scripture and the Balance”. (Al Hadid “the Iron”: 25).
All the divine religions are characterized by mercy: “Muhammad is the messenger of Allah. And those with him are hard against the disbelievers and merciful among themselves. Thou (O Muhammad) seest them bowing and falling prostrate (in worship), seeking bounty from Allah and (His) acceptance. The mark of them is on their likeness in the Torah and their likeness in the Gospel”. (Al Fath “the Victory”: 29).

· Human Rights in Judaism
Allah revealed Torah to be guidance and mercy: “ Lo! We did reveal the Torah, wherein is guidance and a light, by which the prophets who surrendered (unto Allah) judged” (Al Maeda “the Table”: 44), “ the Book of Moses, an example and a mercy”. (Hud: 17)
The Decalogue was engraved in two plates of stones, according to the Old Testament, which are called the plates of testament. The first plate includes five Commandments concerning the duties of the jew towards God and parents. The other plate includes the duties towards others. The Commandments are as follows:

“I am the Lord Your God who brought you out of the land of Egypt, out of the house of slavery; you shall have no other gods before me. You shall not make for yourself an idol, whether in the form of anything that is in heaven above, or that is in the earth beneath, or that is in the water under the earth. You shall not bow down to them or worship them; but showing steadfast love to the thousandth generation of those who love me and keep my commandments. You shall not make wrongful use of the name of the Lord your God, for the Lord will not acquit anyone who misuses his name. Remember the Sabbath day, and keep it holy. Six days you shall labor and do all your work. But the seventh day is a Sabbath to the lord your God; you shall not do any work you, your son or your daughter, your male or female slave, your livestock, or the alien resident in your towns. For in six days the LORD made heaven and earth, the sea, and all that is in them, but rested the seventh day; therefore the LORD blessed the Sabbath day and consecrated it.

Honor your father and your mother, so that your days may be long in the land that the LORD your God is giving you. You shall not murder. You shall not commit adultery. You shall not steal. You shall not bear false witness against your neighbour. You shall not covet your neighbour's house; you shall not covet your neighbor's wife, or male or female slave, or ox, or donkey, or anything that belongs to your neighbour”.

· Human Rights in Christianity
The Holy Book combines love among people to the holy war against one's desires, lust, hatred and persecution. The true jihad in Christianity is the jihad of love, good and peace. The following are the Christ's prescripts about jihad: “Do your best to pass through the narrow door. I say to you that many people will try to get in but they won't be able to do” (Luc 13: 24)

Christianity highlights the following:
1- Believing in God, Highly Elevated Be He, is love in itself. God is Almighty and love, creator and love, godliness and love. Man was created as a man and woman by the creativity of love. In his eternal love he gives care to humanity.

2- Human being, man or woman, is a rational creature and a social one, who cannot live, grow up or get progress unless he/she makes relations with others.

3- All human beings have one nature and one origin. Equality should be mainly confirmed among them even if they differ in their physical and mental abilities. But discrimination on the basis of sex, race, colour, language or religion should be excluded. In this regard, Christianity rejects all the acts that contradict with respect for life value; such as killing known as the painless (or merciful) death, abortion, suicide and all forms of indignity to the human person, such as slavery and prostitution, and woman and child trafficking.

4- All the fruits on earth are for all human beings and the private property is an extension to the liberty and legitimacy of humanity which has no contradiction with the legitimacy of public property.

Christianity and Rights Mentioned in the Universal Declaration of Human Rights

The Right to Existence
“Through our God we live, move and exist” (Acts of the Apostles 17:28). “Life is God's gift to man” (Johnathan 1:4).

Right to Eternity
The believer is interested to live his life on earth peacefully, enjoying all his rights but occupied with his eternal life as Jesus said: "What good is it for man to gain the whole world, yet forfeit his soul? Or what can a man give in exchange for his soul?" (Mark 8:36-37).

Right to Divine Protection
- People are free and equal in dignity and rights. This goes with the saying of the Book "The God is who made the world and everything in it… because he himself gives all men life and breath and everything else. From one man he made every nation of man, that they should inhabit the whole earth for in him we live and move" (Acts of the Apostles: 17: 26).
- Right to life, freedom and security.

- Enslavement is not permitted as Christianity is against slavery, "So in Christ we who are many from one body, and each member belongs to all the others" (Romans: 12:5).

- Subjugation to torture is prohibited, "Be kind and compassionate to one another, forgiving each other, just as Christ God forgave you" (Ephesians: 4:2).

- Justice: God is just. He never accepts injustice or be content from oppressors, "If you put away the sin that is in your hand and allow no evil to dwell in your tent" (Jacob: 11:14).
- The right to ownership, "So the king died and was brought to Samaria and they buried him there. They washed the chariot at a pool in Samaria and the dogs licked up his blood" (Kings 22:38).

- Social security: as Saint Paul advises the rich people telling his student Timothy, "Charge those who are rich in this present world that they not be haughty… that they do good, that they be rich in good works, that they be ready to distribute, laying down in store for themselves a good foundation against the time to come, that they may lay hold of eternal life" (Timothy 6: 17-19).

- The right to work, vacation and health security; "If a man will not work, he shall not eat" (Thessalonians 3:10).

-The right to education. In ancient times, each church used to include a class where children learnt reading, writing, mathematics, general knowledge besides the basics of religion, belief and the Holy Book.

· Human Rights in Islam
Islam has an overall view of all aspects of life as it applies the overall principles and main rules to everything that develops and changes by the change of time and place. It also applies the detailed rules and the summary laws to everything that does not develop or change by the change of time or place.

The Right to an Honourable Life
It is the first right protected by Islam due to the people's welfare. It emphasizes on punishing whoever violates this right and imposes the equality in punishment on whoever violates the right to life; to realize collective security of the society; "And slay not the life which Allah hath forbidden save with right" (Al-Isra' “the Nocternal Journey”: 33).

The Quran greatly denies the killing of another person and considers the killing is a crime that is committed against the social, political systems as a whole; (… whoever killeth a human being for other than manslaughter or corruption in the earth, it shall be as if he had killed all mankind, and who so saveth the life of one, it shall be as if he had saved the life of all mankind", (Al-Maeda “The Table”: 32).

The Islamic Law (Sharia') also applies severe punishments on whoever aborts a married woman without an urgent necessity. Such a right is also linked with the parents' duties towards raising and educating their children in the best possible way. Furthermore, the Convention on the Rights of the Child has greatly depended on such legislations as Allah Almighty says; "Sat: come, I will recite unto you that which your Lord hath made a sacred duty for you: that ye ascribe nothing as partner unto Him and that ye do good to parents and that ye slay not your children because of penury – We provide for you and for them – and that ye drew not nigh to lewd things whether open or concealed – and that ye slay not the life which Allah hath made sacred, save in the course of justice" ( Al- An'am: 151).

Justice in Islam
Islam has adopted justice and equity in applying law as a basis for establishing a righteous society. Such a principle was adopted by the Universal Declaration of Human Rights, which considers justice and equity the utmost end. It is affected neither by policies, nor by the interests or personal inclinations of the governor; "O ye who believe! Be steadfast witnesses for Allah in equity, and let not hatred of any people seduce you that ya deal not justly. Deal justly, that is nearer to your piousness" (Al-Maeda “The Table”: 8).

God almighty asserts the necessity of ruling justly in the litigations and suits; "But if thou judgest, judge between them with equity. Lo! Allah loveth the equitable" ( Al-Maeda “The Table”: 42).

Freedom of Opinion
Islam approves the right of peoples to expressing their opinion and their right to believing and embracing the doctrine that best suits them; "There is no compulsion in religion. The right direction is henceforth distinct from error” (Al-Baqara “The Cow”: 256). Islam also approves the right of the individual to searching for information. Furthermore, it approves his right and duty in explaining the sciences and knowledge he knows to others, to declare his opinion and calls for righteousness with peaceful means; "Call unto the way of thy Lord with wisdom and fair exhortation, and reason with them in a better way" (AL-Baqara`` The Cow: 159 ).


Human Cooperation in the Islamic Jurisdiction
The principles of Islamic Law (Sharia') includes recognizing and cooperating with others, respecting pledges and human dignity in general. Such principles are the basis of the International law that believes in the necessity of cooperation among states in various fields for the development and advancement of all mankind.

Moreover, Islam approves equality among people, non-interference in the internal affairs of states, non-use of threat in international relations, good neighborhood and respect for the right of peoples in self-determination. These are the principles of human cooperation that Islam first adopted, and then were codified by the peoples in the UN Charter.

Islam and Human Rights in Times of War

War in Islam
"And fight in the way of Allah the ones who fight you, but do not transgress, surely Allah does not love transgressors" (Al-Baqara “The Cow”: 190).

This verse explains the purposes and reasons that permit Muslims to carry weapons and fight. It also refers to the necessity of committing to virtuousness in treating the enemies. Also responding to the aggression would suit the harm which the aggression caused; "In case you punish, then punish with the like of that wherewith you were punished" (Al-Nah'l “The Bees”: 126), "So whoever transgress against you, then transgress against him in like manner as he transgressed against you" (Al-Baqara “The Cow”: 194).

Thus, the Islamic jurisprudence prohibits the collective retaliation operations from the innocents in response to any aggression.

General Principles Governing Warriors' Conduct
Islam has long preceded the compacts that included the human considerations as regards protecting war victims; prisoners of war, wounded and patients. It has also preceded the human international law concerning the necessity of not fighting the non-fighters; "In case they apart from you and did not fight you and offer you submissiveness, then Allah in no way allows you a way against them, (Al-Nesaa “Women”: 90). Furthermore, Islam forbids Muslims from killing nuns, men of religion, old men, women and children. Moreover, it does not permit demolishing buildings, burning or cutting trees, exemplary punishment with the victims or torturing the prisoners of war.

Islam and the Rights Mentioned in the Universal Declaration of Human Rights
- Belief and disbelief are personal issues, there is neither interference nor compulsion on any of them, "Say, O you mankind! The Truth has already come to you from the Lord. So whosoever is guided, then surely he is guided only for his own self, and whosoever errs, then surely he errs only against her, and I am in no way a constant trustee over you" (Younus “Jonah”: 108), and "Whoever disbelieves, then his disbelief shall be charged against him, and whoever does righteousness, then for themselves they are gaining access (to the Gardens)" (Al-Roum “The Romans”: 44).

- Prophets are not but messengers, warners and informers with neither authority nor compulsion; "And in case they cry to you, then say, "To me is my doing and to you is your doing. You are quit of what I do and I am quit of whatever you do" (Younus “Jonah”: 41), and "So, in case they turn away, then surely you have only (to deliver) the evident proclamation" (Al-Nah'l “The Bees”: 82).

-The stance from the others as Islam accepts religious pluralism; "This is a nation (that) has already passed away; it shall have whatever it earned; and you shall have whatever you have earned; and you shall not be questioned about whatever they used to do" (Al Baqara “The Cow”: 141), and " O, you who have believed, look after your (own) selves. He who errs cannot harm you, when you are rightly guided" ( Al-Maeda “The Table”:105).

- Dialogue with other religions; "And do not dispute with population of the Book except in the fairest (manner), except for the ones of them who have done injustice, and say, "We believe in that which has been sent down to us, and has been sent down to you. And our God and your God is One, and to Him we are Muslims" (Al-Ankaboot “The Spider”: 46)

second : Human Rights in the Positive Beliefs
Human Rights principles have been asserted through the teachings of the divine religions and other beliefs.

Buddhism
in its whole is a call for austerity and rejecting violence. It is also a call for love and benevolence, amicable manners and offering charity to the poor and as a belief and philosophy, it is based upon science, righteousness and abandoning desires so that the person can win victory over his desires.

Buddha gave the Buddhists many instructions that relate to both their individual life and human rights towards their society. Some of these instructions are: (Do not end the life of a living creature – Do not steal – Do not rape – Do not lie – Do not fornicate).

The Zoroastrianism,
which has been regulated and governed by the principles of justice, guaranteed for every person the freedom of choice (to choose his religious doctrine). It gave a good example in the field of human rights; as it forbids invasion and calls for freedom and help the needy. It also paid special attention to the formation of the family on the basis of good morals that Confishios had expressed in his golden rule; "Do not do to others what you do not like them to do to you".

The Confucianism
specified the characteristics of the governor who should be a noble man (with his deeds and not according to his kinship). He should be the person with many good traits such as righteousness, decency, fairness, adroitness in addition to piousness, devoutness and eloquence.
Thus, the high morals and principles specified in all divine religions, beliefs and various social and political opinions had constituted the basis of human rights' principles formulated later in fundamental agreements and conventions.

UN Role in Enhancing
and Protecting Human Rights

UN plays a pivotal role in supporting human rights all over the world in accordance with Article (1) of the Charter; which stipulates that one of the UN goals is to promote international respect for human rights and fundamental freedoms, without discrimination of any kind due to race, language or religion. In addition, it provides the UN system with competences, authorities and mechanisms to enable it to achieve such a goal. Within the framework of the UN role to achieve such a goal, there are three strategies stated:

First: Building the Legal Structure of Human Rights
The Human Rights Committee, established in 1946, drafted the international document that determined the essence of these rights and freedoms proclaimed in the UN Charter.

The document consists of three parts; the first is the Universal Declaration of Human Rights on December 10, 1948, the Convention of Economic, Social and Cultural Rights and the Convention of Civil and Political Rights. The last two documents were adopted by the UN General Assembly on December 16, 1966, and entered into force in 1976.

A number of agreements and declarations that expound rights that were stated in previous international legislations, drafted new rights or gathered the rights of certain groups mentioned in many agreements (such as the International Convention on the Elimination of all Forms of Racial Discrimination, the International Convention on the Elimination of all Forms of Discrimination against Women, the Convention Against Torture, and the Convention on the Rights of the Child) were added.

In addition, there are some international declarations that have stipulated agreed-upon principles, which are not legally binding, however. At top of which are the Declaration of the Right to Development (1986), Declaration on the Elimination of all Forms of Intolerance and of Discrimination based on Religion or Belief (1981), and Declaration on the Rights of the Persons Belonging to National or Ethnic, Religious and Linguistic Minorities (1992).

Moreover, there are conventions issued by ILO such as the Convention on the Freedom of Establishing and Acceding to Associations (1948), the Convention on Protecting the Right to Organization and Collective Negotiation (1949), the Convention on the Minimum Labour Age (1973), the two Conventions on Abolition of Forced Labour (1957,1973), the Agreement on the Right to Gain a Profitable Salary (1951) and the Convention on Prevention of Discrimination in Employment and Occupation (1958).

Second: Establishing and Determining Protection Systems for International Agreements
A number of main agencies shoulder the responsibility of enhancing and protecting human rights. They receive reports and issue recommendations in addition to their mediation and good offices, and they examine the presented complaints. They are as follows:

· UN Commission for Human Rights (1946)
It determines the human rights standards, and annually discusses the Human Rights violations.

· Sessional Committees from UN Treaties Concerning Human Rights
They comprise six committees, Human Rights Committee, Economic, Social and Cultural Rights Committee, Elimination of Racial Discrimination Committee, Elimination of Racial Discrimination against Women Committee, Committee Against Torture and Right of Child Committee.

· Trilateral Mechanism of the ILO Agreement for Human Rights Protection
It includes governments, employers and trade-unions.

· Human Rights High Commission (1993)
It provides states with consultation services and technical aid, enhances international cooperation, conducts dialogue with governments to ensure the respect for all human rights, supports UN agencies concerned with human rights, and promotes the implementation of human rights standards.

- Many UN agencies assume the responsibility of human rights protection ; such as:

· International Court of Justice (1946)
It settles the legal disputes submitted by states according to the International law, and gives legal opinions concerning the legal issues referred to by the entitled international agencies

B- International Criminal Tribunal (1998). It entered into force in 2002
It files lawsuits against individuals who committed war crimes, genocide or crimes against humanity.

Third: Enhancing Systems through Several Activities including :

v Information Activities
They coordinate with all information systems in the international organization and contact the various mass media to ensure wide coverage and effective distribution of information materials. The international campaigns are launched in order to increase human rights awareness and coordinate between UN bodies and other concerned bodies; such as International Committee of Red Cross (ICRC) and the Organization of African Unity (OAU).

v Teaching Human Rights
UNESCO and Human Rights Center carry out this task on all levels; Teaching, training, organizing symposia and conferences, developing school books, providing consultation services for member states and training teachers.
The Arab Institute for Human Rights in Tunisia is considered an example for such an activity, which was established in 1989, by the initiative of Arab Organization for Human Rights, Arab Lawyers Union and Tunisian Association for Human Rights.

v Technical Aid
UN provides technical aid in the human rights field with specialized agencies within the framework of the assistance programme: consultant opinions, granting fellowships, post-graduate studies, convening symposia and workshops

v UN Development Programme UNDP for Supporting Human Rights
UNDP was established in November 1965. Its main resources reached US $ 1.3 billion from the contributions of the UN members and its specialized agencies.
UNDP is the major and widest multilateral international organization for technical aid through providing grants. This programme acts with peoples and governments in more than 170 developing countries in Africa, Asia, Pacific, Latin America, Carbian and Arab countries. It aims at achieving sustainable development in countries in cooperation with governments, civil