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STUDY GUIDES: Israeli Law Israeli Military Orders International Law International Court of Justice Advisory Opinion on Wall

INTERNATIONAL LAW: Application and Enforcement
Basic Topic

INTERNATIONAL LAW ON LEGALIZED DISCRIMINATION:

  • I. The Applicability and Enforcement of International Human Rights Law against internal systems of legalized discrimination:
Details
Requested
    • 1. Universal Declaration of Human Rights (1948)
      • A. This Declaration proclaims that the human rights described therein are available to all human beings irregardless of their race, religion, ethnicity, etc., as well as their legal status in terms of citizenship, nationality, economic class, etc. In addition, this Declaration proclaims that are human beings equally have the legal status of "person" before the law, and thus equally have all the rights which come with that status, which includes access to redress for wrongs against his/her person.

        Beyond this declaration of legal status and equality, this instrument of international law describes no further ways or means of enforcement of the principles described herein.

        • 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 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, nonselfgoverning or under any other limitation of sovereignty.

        • 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 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.


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(C) Israel Law Resource Center, February, 2007.

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