Economic, Social, and Cultural Rights: A Legal Resource Guide

7. American Declaration of the Rights and Duties of Man

Chapter 7 American Declaration of the Rights and Duties of Man Whereas: The American peoples have acknowledged the dignity of the individual, and their national constitutions recognize that juridical and political institutions, which regulate life in human society, have as their principal aim the protection of the essential rights 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, but are based upon attributes of his human personality; The international protection of the rights of man should be the principal guide of an evolving American law; The afWrmation of essential human rights by the American States together with the guarantees given by the internal regimes of the states establish the initial system of protection 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 increasingly strengthen that system in the international Weld as conditions become more favorable, The Ninth International Conference of American States Agrees: To adopt the following American Declaration of the Rights and Duties of Man Preamble All men are born free and equal, in dignity and in rights, and, being endowed by Adopted by the Ninth International Conference of American States, Bogotá, Colombia, 2 May 1948. nature with reason and conscience, they should conduct themselves as brothers one to another. The fulWllment 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. While rights exalt individual liberty, duties express the dignity of that liberty. Duties of a juridical nature presuppose others of a moral nature which support them in principle and constitute their basis. Inasmuch as spiritual development is the supreme end of human existence and the highest expression thereof, it is the duty of man to serve that end with all his strength and resources. Since culture is the highest social and historical expression of that spiritual development , it is the duty of man to preserve, practice and foster culture by every means within his power. And, since moral conduct constitutes the noblest Xowering of culture, it is the duty of every man always to hold it in high respect. Chapter One: Rights Article I Every human being has the right to life, liberty and the security of his person. Article II All persons are equal before the law and have the rights and duties established in this Declaration, without distinction as to race, sex, language, creed or any other factor. Article III Every person has the right freely to profess a religious faith, and to manifest and practice it both in public and in private. Article IV Every person has the right to freedom of investigation, of opinion, and of the expression and dissemination of ideas, by any medium whatsoever. Article V Every person has the right to the protection of the law against abusive attacks upon his honor, his reputation, and his private and family life. American Declaration on the Rights and Duties of Man 683 Article VI Every person has the right to establish a family, the basic element of society, and to receive protection therefor. Article VII All women, during pregnancy and the nursing period, and all children have the right to special protection, care and aid. Article VIII Every person has the right to Wx his residence within the territory of the state of which he is a national, to move about freely within such territory, and not to leave it except by his own will. Article IX Every person has the right to the inviolability of his home. Article X Every person has the right to the inviolability and transmission of his correspondence. Article XI Every person has the right to the preservation of his health through sanitary and social measures relating to food, clothing, housing and medical care, to the extent permitted by public and community resources. Article XII Every person has the right to an education, which should be based on the principles of liberty, morality and human solidarity. Likewise every person has the right to an education that will prepare him to attain a decent life, to raise his standard of living, and to be...