Assignment 2- Legal and Humanitarian Rights.
Unit 3: Citizenship, diversity and the public services
Human Rights:
United Nations Universal Declaration of Human Rights- On 10 December 1948, the General
Assembly of the United Nations announced the Universal Declaration of Human Rights (UDHR.)
There are 30 rights and freedoms that belong to all of us, however, there has been some additions.
The Universal Declaration promises to all the economic, social, political, cultural and civic rights that
underpin a life free from want and fear. They are not a reward for good behaviour. They are not
country-specific, or particular to a certain era or social group. They are the inalienable entitlements
of all people, at all times, and in all places, people of every colour, from every race and ethnic group;
whether they are disabled; citizens or migrants; no matter their sex, their social class, their caste,
their creed, their age or sexual orientation. Human rights abuse did not end when the Universal
Declaration was adopted. But since then, countless people have gained greater freedom. Violations
have been prevented; independence and autonomy have been attained. Many people – though not
all – have been able to secure freedom from torture, unjustified imprisonment, summary execution,
enforced disappearance, persecution and unjust discrimination, as well as fair access to education,
economic opportunities, and adequate resources and healthcare. They have obtained justice for
wrongs, and national and international protection for their rights, through the strong architecture of
the international human rights legal system. In my opinion the UDHR is the first to establish human
rights for all, and this to be aided by Eleanor Roosevelt, is remarkable as she stood, posthumously,
for all things surrounding human rights; she had lifelong humanitarian achievements, she also
worked to the end of her life to gain acceptance and implementation of the rights set forth in the
Declaration. The legacy of her words and her work appears in the constitutions of scores of nations
and in an evolving body of international law that now protects the rights of men and women across
the world.
Geneva Convention- The Geneva Convention was a series of international diplomatic
meetings that produced a number of agreements, in particular the Humanitarian Law of Armed
Conflicts, a group of international laws for the humane treatment of wounded or captured military
personnel, medical personnel and non-military civilians during war or armed conflicts. The
agreements originated in 1864 and were significantly updated in 1949 after World War II. While
some civilizations showed compassion for the injured, helpless or innocent civilians, others tortured
or slaughtered anyone in sight, no questions asked.
In 1859, Genevan businessman Henry Dunant travelled to Emperor Napoleon III’s headquarters in
northern Italy to seek land rights for a business venture. However, when he found himself a witness
to the aftermath of the Battle of Solferino, a gory battle in the Second War of Italian Independence.
The horrific suffering Dunant saw impacted him so greatly he wrote a first-hand account in 1862. But
he didn’t just write about what he’d observed, he also proposed a solution: All nations come
together to create trained, volunteer relief groups to treat battlefield wounded and offer
humanitarian assistance to those affected by war.
In 1906, the Swiss government arranged a conference of 35 states to review and update the First
Geneva Convention. The amendments extended protections for those wounded or captured in
battle as well as volunteer agencies and medical personnel tasked with treating, transporting and
removing the wounded and killed.
, It also made the repatriation of captured belligerents a recommendation instead of mandatory. The
1906 Convention replaced the First Geneva Convention of 1864.
After World War I, it was clear the 1906 Convention and The Hague Convention of 1907 didn’t go far
enough. So, in 1929, updates were made to further the civilized treatment of prisoners of war.
The new updates stated all prisoners must be treated with compassion and live in humane
conditions. It also laid out rules for the daily lives of prisoners and established the International Red
Cross as the main neutral organization responsible for collecting and transmitting data about
prisoners of war and the wounded or killed.
Geneva Conventions of 1949
Germany signed the Convention of 1929, however, that didn’t prevent them from carrying out
horrific acts on and off the battlefield and within their military prison camps and civilian
concentration camps during World War II. As a result, the Geneva Conventions were expanded in
1949 to protect non-combatant civilians.
According to the American Red Cross, the new articles also added provisions to protect:
medical personnel, facilities and equipment
wounded and sick civilians accompanying military forces
military chaplains
civilians who take up arms to fight invading forces
Article 9 of the Convention specified the Red Cross has the right to assist the wounded and sick and
provide humanitarian aid. Article 12 stipulated the wounded and sick must not be murdered,
tortured, exterminated or exposed to biological experiments.
The Geneva Conventions of 1949 also laid out rules for protecting wounded, sick or shipwrecked
armed forces at sea or on hospital ships as well as medical workers and civilians accompanying or
treating military personnel. Some highlights of these rules are:
hospital ships cannot be used for any military purpose nor captured or attacked
captured religious leaders must be returned immediately
all sides must attempt to rescue any shipwrecked personnel, even those from another side
of the conflict
Male and female prisoners of war received expanded protections in the Convention of 1949 such as:
they must not be tortured or mistreated
they’re only required to give their name, rank, birth date and serial number when captured
they must receive suitable housing and adequate amounts of food
they must not be discriminated against for any reason
they have the right to correspond with family and receive care packages
the Red Cross has the right to visit them and examine their living conditions
Articles were also put in place to protect wounded, sick and pregnant civilians as well as mothers
and children. It also stated civilians may not be collectively deported or made to work on behalf of
an occupying force without pay. All civilians should receive adequate medical care and be allowed to
go about their daily lives as much as possible.