2. CONTEXTO LABORAL
2.3. POLÍTICAS EDUCATIVAS: CARTA MAGNA, PLAN NACIONAL DE DESARROLLO, LEY DE EDUCACIÓN, PLAN DECENAL DE EDUCACIÓN,
The genesis of a concerted effort to recognize and concretize human rights for peace, development and to forestall future wars started with the decision of some nations to form an umbrella body after the Second World War called the United Nations via a charter51which stated the purposes52 and principles of the organization of Member States to include the following:
i. to maintain international peace and security;
49 M Glendon, „The Forgotten Crucible: The Latin American Influence on The Universal Human Rights Idea‟
( 2003) Vol 16 Harvard Human Rights Journal, 27-39.
50 M Plessis, The International Criminal Court and Its Work in Africa (Institute for Strategic Studies (ISS) Publication, 2008) p. 11.
51 United Nations Charter of 1945.
52 Art. 1 ibid.
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ii. to develop friendly relations among nations based on respect for the principle of equal rights and self determination of peoples…;
iii. to achieve international co-operation in solving problems of economic, social, cultural or humanitarian character and in promoting and encouraging respect for human rights and for fundamental freedoms for all without distinction to race, sex, language or religion; and
iv. to be a centre for harmonizing the actions of nations in the attainment of these common ends.
In its Charter, the United Nations seeking the protection of the entire human race for which the girl-child as a female specie of humans belongs and to ensure that generations of the human race was saved from the devastating effects of further wars declared the commitment of Member States to respect fundamental human rights. It stated that “we the Peoples of the United Nations determined to save succeeding generations from the scourge of war…and to reaffirm faith in fundamental human rights, in the dignity and worth of the human person, in the equal rights of men and women and of nations large and small and to establish conditions under which justice and respect for the obligations arising from treaties and other sources of international law can be maintained…have resolved to combine our efforts to accomplish these aims.”
The Charter gave a foundation to many other instruments 53(especially in the area of the dignity and worth of the human person) which later emerged specifically targeting the protection of the girl-child and women rights. The Charter specifically demanded the “the universal respect for and observance of human rights and fundamental freedoms for all without distinction as to race, sex, language or religion.” It was thus on the basis of the provisions of this Charter that other international instruments on the human rights of persons evolved. We shall discuss some of these instruments.
53 See Convention on Consent to Marriage, Minimum Age For Marriage and Registration of Marriages, 1962;
Convention on the Elimination of All Forms of Discriminations Against Women 1979; Declaration on the Protection of Women and Children in Emergency and Armed Conflict, 1974.
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3.2.1 Universal Declaration of Human Rights (UDHR 1948)
The United Nations took a further step in 1948 to proclaim the Universal Declaration of Human Rights with 30 Articles and a Preamble which preserved the inherent dignity, rights of members and respect of human rights to foster peace and freedom in the world by re-echoing same in these words; “whereas recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world;
whereas disregard and contempt for human rights have resulted in barbarous acts…and the advent of a world in which human beings shall enjoy freedom of speech and belief and freedom from fear… whereas the peoples of the United Nations have in the Charter re-affirmed their faith in fundamental human rights, in the dignity and worth of the human person and in the equal rights of men and women…”54
The Universal Declaration of Human Rights has been described as “the basic international pronouncement of rights that cannot be taken away from all members of the human family.”55The freedom and equality of all human beings irrespective of sex, colour, religion etc were also re-affirmed where it stated that “all human beings are born free and equal in dignity and rights…”56 The earlier racial distinctions, slavery and genocide were further declared abhorrent behaviours by other articles of the Universal Declaration of Human Rights which stated that:
Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, colour,
54 Cited in S Ghandi, Blackstone’s International Human Rights Documents: (8th edition, Oxford University Press, 2012) pp. 10-12.
55 T Igwe & O Lewis; Human Rights Made Easy:op.cit. p 5.
56 Universal Declaration of Human Rights 1948, Art.1.