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International Human Rights 9.3.2011 Universalism v. Regionalism UDHR, Art. 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. Art. 2 Everyone is entitled to all the rights and freedoms set forth in this Declaration (…) CESCR (1966) • Art. 2.2 “The States Parties to the present Convenant undertake to guarantee that the rights enunciated in the present Covenant will be exercised without discrimination of any kind as to race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status”. Cf. also Art. 3 CESCR, Art. 2.1 CCPR Reservations to HR Treaties CEDAW (1979) Saudi Arabia: In case of contradiction between any term of the Covenant and the norms of Islamic Law, the Kingom is not under an obligation to observe the contradictory terms of the Covenant” Vienna Declaration and Programme of Action (World Conference on Human Rights 1993) 5. All human rights are universal, indivisible and interdependent and interrelated. The international community must treat human rights globally in a fair and equal manner, on the same footing, and with the same emphasis. While the significance of national and regional particularities and various historical, cultural and religious backgrounds must be borne in mind, it is the duty of States, regardless of their political, economic and cultural systems, to promote and protect all human rights and fundamental freedoms. Regional Instruments Different emphasis (see ACHPR) The notion of “margin of appreciation” Protection of Minorities, specifically of Indigenous Peoples The Role of Democracy Is there a human right to democracy? National Legal Orders Article 2 CCPR/CESCR Subsidiarity