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1995-01-24
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▓▓▓▓▓▓║ AMERICAN DECLARATION OF THE RIGHTS AND DUTIES OF MAN ║░░░▓▓▓▓▓
▓▓▓▓▓▓║ OAS Resolution XXX, adopted by Ninth International Conference ║░░░▓▓▓▓▓
▓▓▓▓▓▓║ of American States (30 March - 2 May 1948), Bogotá ║░░░▓▓▓▓▓
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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 the human personality;
The international protection of the rightsof man should be the principal guide
of an evolving American law;
The affirmation 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 field 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 nature with reason and conscience, they should conduct themselves as
brothers one to another.
The fulfillment 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 flowering of culture, it is
the duty of every man always to hold it in high respect.
CHAPTER ONE: RIGHTS
Article 1: Every human being has the right to life, liberty and the security
of his person.
Article 2: 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 3: Every person has the right freely to profess a religious faith, and
to manifest and practice it both in public and in private.
Article 4: Every person has the right to freedom of investigation, of opinion,
and of the expression and dissemination of ideas, by any medium whatsoever.
Article 5: 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.
Article 6: Every person has the right to establish a family, the basic element
of society, and to receive protection therefor.
Article 7: All women, during pregnancy and the nursing period, and all
children have the right to special protection, care and aid.
Article 8: Every person has the right to fix 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 9: Every person has the right to the inviolability of his home.
Article 10: Every person has the right to the inviolability and transmission
of his correspondence.
Article 11: 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 12: 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 a
useful member of society.
The right to an education includes the right to equality of opportunity
in every case, in accordance with natural talents, merit and the desire to
utilize the resources that the state or the community is in a position to
provide.
Every person has the right to receive, free, at least a primary
education.
Article 13: Every person has the right to take part in the cultural life of
the community, to enjoy the arts, and to participate in the benefits that
result from intellectual progress, especially scientific discoveries.
He likewise has the right to the protection of his moral and material
interests as regards his inventions or any literary, scientific or artistic
works of which he is the author.
Article 14: Every person has the right to work, under proper conditions, and
to follow his vocation freely, in so far as existing conditions of
employment permit.
Every person who works has the right to receive such remuneration as
will, in proportion to his capacity and skill, assure him a standard of
living suitable for himself and for his family.
Article 15: Every person has the right to leisure time, to wholesome
recreation, and to the opportunity for advantageous use of his free time to
his spiritual, cultural and physical benefit.
Article 16: Every person has the right to social security which will protect
him from the consequences of unemployment, old age, and any disabilities
arising from causes beyond his control that make it physically or mentally
impossible for him to earn a living.
Article 17: Every person has the right to be recognized everywhere as a person
having rights and obligations, and to enjoy the basic civil rights.
Article 18: Every person may resort to the courts to ensure respect for his
legal rights. There should likewise be available to him a simple, brief
procedure whereby the courts will protect him from acts of authority that,
to his prejudice, violate any fundamental constitutional rights.
Article 19: Every person has a right to the nationality to which he is
entitled by law and to change it, if he so wishes, for the nationality of
any other country that is willing to grant it to him.
Article 20: Every person having legal capacity is entitled to participate in
the government of his country, directly or through his representatives, and
to take part in popular elections, which shall be by secret ballot, and
shall be honest, periodic and free.
Article 21: Every person has the right to assemble peaceably with others in a
formal public meeting or an informal gathering, in connection with matters
of common interest of any nature.
Article 22: Every person has the right to associate with others to promote,
exercise and protect his legitimate interests of a political, economic,
religious, social, cultural, professional, labor union or other nature.
Article 23: Every person has the right to own such private property as meets
the essential needs of decent living and helps to maintain the dignity of
the individual and of the home.
Article 24: Every person has the right to submit respectful petitions to any
competent authority, for reasons of either general or private interest, and
the right to obtain a prompt decision thereon.
Article 25: No person may be deprived of his liberty except in the cases and
according to the procedures established by pre-existing law.
No person may be deprived of liberty for nonfulfillment of obligations
of a purely civil character.
Every person who has been deprived of his liberty has the right to have
the legality of his detention ascertained without delay by a court, and the
right to be tried without undue delay, or otherwise, to be released. He
also has the right to humane treatment during the time he is in custody.
Article 26: Every accused person is presumed to be innocent until proved
guilty.
Every person accused of an offense has the right to be given an
impartial and public hearing, and to be tried by courts previously
established in accordance with pre-existing laws, and not to receive cruel,
infamous or unusual punishment.
Article 27: Every person has the right, in case of pursuit not resulting from
ordinary crimes, to seek and receive asylum in foreign territory, in
accordance with the laws of each country and with international agreements.
Article 28: The rights of man are limited by the rights of others, by the
security of all, and by the just demands of the general welfare and the
advancement of democracy.
CHAPTER TWO: DUTIES
Article 29: It is the duty of the individual so to conduct himself in relation
to others that each and every one may fully form and develop his
personality.
Article 30: It is the duty of every person to aid, support, educate and
protect his minor children, and it is the duty of children to honor their
parents always and to aid, support and protect them when they need it.
Article 31: It is the duty of every person to acquire at least an elementary
education.
Article 32: It is the duty of every person to vote in the popular elections of
the country of which he is a national, when he is legally capable of doing
so.
Article 33: It is the duty of every person to obey the law and other
legitimate commands of the authorities of his country and those of the
country in which he may be.
Article 34: It is the duty of every able-bodied person to render whatever
civil and military service his country may require for its defense and
preservation, and, in case of public disaster, to render such services as
may be in his power.
It is likewise his duty to hold public office to which he may be elected
by popular vote in the state of which he is a national.
Article 35: It is the duty of every person to cooperate with the state and the
community with respect to social security and welfare, in accordance with
his ability and with existing circumstances.
Article 36: It is the duty of every person to pay the taxes established by law
for the support of public services.
Article 37: It is the duty of every person to work, as far as his capacity and
possibilities permit, in order to obtain the means of livelihood or to
benefit his community.
Article 38: It is the duty of every person to refrain from taking part in
political activities that, according to law, are reserved exclusively to
the citizens of the state in which he is an alien.
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█ Electronic version prepared by: The North America Project █
█ Andrew A. Reding, Director █
█ █
█ WORLD POLICY INSTITUTE █
█ 65 Fifth Ave Suite 413 █
█ New York NY 10003 █
█ (212) 229-5808 █
█ █
█ Intended for universal replication and distribution free of charge █
█ with the objective of informing the public about international human rights █
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