access to information human right american declaration of the rights and duties of man

7/29/2019 Access to Information Human Right American Declaration of the Rights and Duties of Man

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AMERICAN DECLARATION OF THE RIGHTSAND DUTIES OF MAN

(Adopted by the Ninth International Conference of American States,Bogot, Colombia, 1948)

WHEREAS:The American peoples have acknowledged the dignity of the individual, and

their national constitutions recognize that juridical and political institutions, whichregulate life in human society, have as their principal aim the protection of the essentialrights of man and the creation of circumstances that will permit him to achieve spiritual

and material progress and attain happiness;The American States have on repeated occasions recognized that the essential

rights of man are not derived from the fact that he is a national of a certain state, butare based upon attributes of his human personality;

The international protection of the rights of man should be the principal guideof an evolving American law;

The affirmation of essential human rights by the American States together withthe guarantees given by the internal regimes of the states establish the initial system ofprotection considered by the American States as being suited to the present social and

juridical conditions, not without a recognition on their part that they should increasinglystrengthen that system in the international field as conditions become more favorable,

The Ninth International Conference of American StatesAGREES:

To adopt the following

AMERICAN DECLARATION OF THE RIGHTSAND DUTIES OF MAN

PreambleAll men are born free and equal, in dignity and in rights, and, being endowed

by nature with reason and conscience, they should conduct themselves as brothers oneto another.

The fulfillment of duty by each individual is a prerequisite to the rights of all.Rights and duties are interrelated in every social and political activity of man. Whilerights exalt individual liberty, duties express the dignity of that liberty.


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Duties of a juridical nature presuppose others of a moral nature which supportthem in principle and constitute their basis.

Inasmuch as spiritual development is the supreme end of human existence andthe highest expression thereof, it is the duty of man to serve that end with all hisstrength and resources.

Since culture is the highest social and historical expression of that spiritualdevelopment, it is the duty of man to preserve, practice and foster culture by everymeans within his power.

And, since moral conduct constitutes the noblest flowering of culture, it is theduty of every man always to hold it in high respect.

CHAPTER ONERights

Article I. Every human being has the rightto life, liberty and the security of his person. Right to life, liberty and personal security.

Article II. All persons are equal before thelaw and have the rights and duties establishedin this Declaration, without distinction as torace, sex, language, creed or any other factor.

Right to equality before law.

Article III. Every person has the right

freely to profess a religious faith, and tomanifest and practice it both in public and inprivate.

Right to religious freedom and worship.

Article IV. Every person has the right tofreedom of investigation, of opinion, and of theexpression and dissemination of ideas, by anymedium whatsoever.

Right to freedom of investigation, opinion,expression and dissemination.

Article V. Every person has the right tothe protection of the law against abusive

attacks upon his honor, his reputation, and hisprivate and family life.

Right to protection of honor, personalreputation, and private and family life.


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Article VI. Every person has the right toestablish a family, the basic element of society,and to receive protection therefore.

Right to a family and to protection thereof.

Article VII. All women, during pregnancyand the nursing period, and all children havethe right to special protection, care and aid.

Right to protection for mothers and children.

Article VIII. Every person has the right tofix his residence within the territory of thestate of which he is a national, to move aboutfreely within such territory, and not to leave itexcept by his own will.

Right to residence and movement.

Article IX. Every person has the right tothe inviolability of his home. Right to inviolability of the home.

Article X. Every person has the right tothe inviolability and transmission of hiscorrespondence.

Right to the inviolability and transmission ofcorrespondence.

Article XI. Every person has the right tothe preservation of his health through sanitaryand social measures relating to food, clothing,housing and medical care, to the extentpermitted by public and community resources.

Right to the preservation of health and to well-being.


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Article XII. Every person has the right toan education, which should be based on theprinciples of liberty, morality and humansolidarity.

Likewise every person has the right to aneducation that will prepare him to attain adecent life, to raise his standard of living, andto be a useful member of society.

The right to an education includes theright to equality of opportunity in every case,in accordance with natural talents, merit andthe desire to utilize the resources that thestate or the community is in a position toprovide.

Every person has the right to receive,

free, at least a primary education.

Right to education.

Article XIII. Every person has the right totake part in the cultural life of the community,to enjoy the arts, and to participate in thebenefits that result from intellectual progress,especially scientific discoveries.

He likewise has the right to the protectionof his moral and material interests as regardshis inventions or any literary, scientific orartistic works of which he is the author.

Right to the benefits of culture.

Article XIV. Every person has the right towork, under proper conditions, and to followhis vocation freely, insofar as existingconditions of employment permit.

Right to work and to fairremuneration.


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Every person who works has the right toreceive such remuneration as will, inproportion to his capacity and skill, assure hima standard of living suitable for himself and forhis family.

Article XV. Every person has the right toleisure time, to wholesome recreation, and tothe opportunity for advantageous use of hisfree time to his spiritual, cultural and physicalbenefit.

Right to leisure time and to the use thereof.

Article XVI. Every person has the right to

social security which will protect him from theconsequences of unemployment, old age, andany disabilities arising from causes beyond hiscontrol that make it physically or mentallyimpossible for him to earn a living.

Right to social security.

Article XVII. Every person has the right tobe recognized everywhere as a person havingrights and obligations, and to enjoy the basiccivil rights.

Right to recognition of juridical personality andcivil rights.

Article XVIII. Every person may resort tothe courts to ensure respect for his legalrights. There should likewise be available tohim a simple, brief procedure whereby thecourts will protect him from acts of authoritythat, to his prejudice, violate any fundamentalconstitutional rights.

Right to a fair trial.


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Article XIX. Every person has the right tothe nationality to which he is entitled by lawand to change it, if he so wishes, for thenationality of any other country that is willingto grant it to him.

Right to nationality.

Article XX. Every person having legalcapacity is entitled to participate in thegovernment of his country, directly or throughhis representatives, and to take part in popularelections, which shall be by secret ballot, andshall be honest, periodic and free.

Right to vote and to participate in government.

Article XXI. Every person has the right toassemble peaceably with others in a formalpublic meeting or an informal gathering, inconnection with matters of common interest ofany nature.

Right of assembly.

Article XXII. Every person has the right toassociate with others to promote, exercise andprotect his legitimate interests of a political,economic, religious, social, cultural,

professional, labor union or other nature.

Right of association.

Article XXIII. Every person has a right toown such private property as meets theessential needs of decent living and helps tomaintain the dignity of the individual and ofthe home.

Right to property.

Article XXIV. Every person has the rightto submit respectful petitions to any competentauthority, for reasons of either general or

private interest, and the right to obtain aprompt decision thereon.

Right of petition.


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Article XXV. No person may be deprivedof his liberty except in the cases and accordingto the procedures established by pre-existinglaw.

No person may be deprived of liberty fornonfulfillment of obligations of a purely civilcharacter.

Every individual who has been deprived ofhis liberty has the right to have the legality ofhis detention ascertained without delay by acourt, and the right to be tried without unduedelay or, otherwise, to be released. He alsohas the right to humane treatment during thetime he is in custody.

Right of protection from arbitrary arrest.

Article XXVI. Every accused person ispresumed to be innocent until proved guilty.

Every person accused of an offense hasthe right to be given an impartial and publichearing, and to be tried by courts previouslyestablished in accordance with pre-existinglaws, and not to receive cruel, infamous or

unusual punishment.

Right to due process of law.

Article XXVII. Every person has the right,in case of pursuit not resulting from ordinarycrimes, to seek and receive asylum in foreignterritory, in accordance with the laws of eachcountry and with international agreements.

Right of asylum.

Article XXVIII. The rights of man arelimited by the rights of others, by the security

of all, and by the just demands of the generalwelfare and the advancement of democracy.Scope of the rights of man.

CHAPTER TWODuties


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Article XXIX. It is the duty of theindividual so to conduct himself in relation toothers that each and every one may fully formand develop his personality.

Duties to society.

Article XXX. It is the duty of every personto aid, support, educate and protect his minorchildren, and it is the duty of children to honortheir parents always and to aid, support andprotect them when they need it.

Duties toward children and parents.

Article XXXI. It is the duty of everyperson to acquire at least an elementaryeducation.

Duty to receive instruction.

Article XXXII. It is the duty of everyperson to vote in the popular elections of thecountry of which he is a national, when he islegally capable of doing so.

Duty to vote.

Article XXXIII. It is the duty of everyperson to obey the law and other legitimatecommands of the authorities of his country andthose of the country in which he may be.

Duty to obey the law.

Article XXXIV. It is the duty of everyable-bodied person to render whatever civil andmilitary service his country may require for itsdefense and preservation, and, in case of publicdisaster, to render such services as may be inhis power.

It is likewise his duty to hold any publicoffice to which he may be elected by popularvote in the state of which he is a national.

Duty to serve the community and the nation.


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Article XXXV. It is the duty of everyperson to cooperate with the state and thecommunity with respect to social security andwelfare, in accordance with his ability and withexisting circumstances.

Duties with respect to social security andwelfare.

Article XXXVI. It is the duty of everyperson to pay the taxes established by law forthe support of public services.

Duty to pay taxes.

Article XXXVII. It is the duty of everyperson to work, as far as his capacity andpossibilities permit, in order to obtain the

means of livelihood or to benefit hiscommunity.

Duty to work.

Article XXXVIII. It is the duty of everyperson to refrain from taking part in politicalactivities that, according to law, are reservedexclusively to the citizens of the state in whichhe is an alien.

Duty to refrain from political activities in aforeign country.

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