UNEP Finance Initiative - Human Rights Guidance Tool for the Financial Sector

Introduction

What are human rights?

Human rights can be defined as basic rights that allow individuals the freedom to lead a dignified life, free from fear or want, and free to express independent beliefs. These rights apply equally and universally in all countries.

The internationally agreed definition is contained within the Universal Declaration of Human Rights (UDHR) proclaimed in 1948 by the United Nations (UN) General Assembly.

Governments of all 192 member countries of the UN have endorsed the UDHR and, by doing so, have pledged to promote universal respect for, and observance of, human rights and universal freedoms. In declaring the UDHR as a common standard for all peoples and nations, without distinctions of any kind, the UN calls not only on governments but on every organ of society - including business - to play a part in promoting recognition of, and respect for, the rights and freedoms contained in the UDHR, including:

The right to life, liberty and security of person
The right to freedom from torture
The right to freedom from slavery
The right to recognition and equality before the law
The right to freedom from retroactive penal legislation
The right to freedom of thought, conscience and religion
The right to freedom of opinion and expression
The right to freedom of peaceful assembly and association
The right to property
The right to decent work

While it is incumbent upon governments to draft and implement national legislation to promote human rights, the extent to which it is implemented through national legislative frameworks can vary between countries.

The International Bill of Human Rights forms the foundation of many laws, conventions and treaties on human rights and comprises three fundamental instruments:

The Universal Declaration of Human Rights (UDHR) 1948
which sets out the core human rights.

The International Covenant on Civil and Political Rights 1966
which covers civil and political rights - sometimes referred to as the first generation of human rights- such as the right to life, the right to body integrity, the right to liberty and security, the right to a fair trial, the right to privacy, the right to freedom of thought, conscience and religion, opinion, expression, peaceful assembly and association.

The International Covenant on Economic, Social and Cultural Rights 1966
which covers economic, social and cultural rights - sometimes referred to as the second generation of human rights - such as the right to work, the right to an adequate standard of living (food, clothing and housing) and the right to physical and mental health.

There are other multilateral, regional and bilateral treaties, which further the rights outlined in the International Bill of Human Rights, some relating to particular groups (eg: children, women, migrant workers or indigenous peoples and minorities), whilst others relate to specific rights (eg: freedom from discrimination). There are also 'soft-law' instruments including voluntary international standards and guidelines on human rights.

The International Labour Organisation has identified eight core conventions covering subjects that are considered as fundamental principles and rights at work. These sit alongside the International Bill of Human Rights as part of the framework of human rights:

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87)
Right to Organise and Collective Bargaining Convention, 1949 (No. 98)
Forced Labour Convention, 1930 (No. 29)
Abolition of Forced Labour Convention, 1957 (No. 105)
Minimum Age Convention, 1973 (No. 138)
Worst Forms of Child Labour Convention, 1999 (No. 182)
Equal Remuneration Convention, 1951 (No. 100)
Discrimination (Employment and Occupation) Convention, 1958 (No. 111)

The International Bill of Human Rights coupled with the 8 ILO core Conventions are seen as the most authoritative list of the core internationally recognized human rights.