Human Rights and the pedestrian

Walking safely is a basic human right


Summary


The United Nations agreed the Universal Declaration of Human Rights [1] in 1948.

Some of the articles of the Declaration are particularly relevant to pedestrians (including people in wheelchairs and similar devices [2]) - see box.

There are similar articles in the European Convention on Human Rights [3].

Since people have a right to life (Article 3), and a right to freedom of movement (Article 13), it follows that people have rights
  • to travel safely on foot,
and also (via Article 8)
  • to effective legal remedies if this right is not respected.

This means that, on highways where motor vehicles are being driven at dangerous speeds, pedestrians have rights to
  • segregated space
  • safe crossings where pedestrian and motor vehicle routes cross
  • effective legal remedies to guarantee these.


UDHR article 3
Selected abbreviated Articles from the United Nations Universal Declaration of Human Rights [1]

Article 1.
  • All human beings are born free and equal in dignity and rights.
Article 2.
  • Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind.
Article 3.
  • Everyone has the right to life, liberty and security of person.
Article 7.
  • All are equal before the law and are entitled without any discrimination to equal protection of the law.
Article 8.
  • Everyone has the right to an effective legal remedy if their rights are not respected.
Article 13.
  • Everyone has the right to freedom of movement and residence within the borders of each state, and the right to leave or return to their country.
Article 30.
  • No governments, groups or individuals should destroy any of these rights and freedoms.

Notes


[1] The Universal Declaration of Human Rights (1948) Proclamation by the General Assembly of the United Nations http://www.un.org/en/universal-declaration-human-rights/index.html - or download from here. Some of the Articles are here abbreviated (using the wording of Amnesty International).

[2] The term pedestrians is used here to include people who walk, run, or use mobility equipment on footways (at not more than 4mph) such as wheelchairs, buggies and mobility scooters.

[3] European Convention on Human Rights (1950, and later for additional protocols) http://www.echr.coe.int/Documents/Convention_ENG.pdf - or download from here.


Copyright information


The image by ZAK is copyright United Nations.



Relevant rights in full with the implications for pedestrians


Article 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.

Article 2
  • Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.
    Furthermore, no distinction shall be made on the basis of the political, jurisdictional or international status of the country or territory to which a person belongs, whether it be independent, trust, non-self-governing or under any other limitation of sovereignty.

Article 3
  • Everyone has the right to life, liberty and security of person.

Article 7
  • All are equal before the law and are entitled without any discrimination to equal protection of the law. All are entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination.

Article 8
  • Everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the constitution or by law.

Article 10
  • Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of his rights and obligations and of any criminal charge against him.

Article 13
  • 1. Everyone has the right to freedom of movement and residence within the borders of each State.
    2. Everyone has the right to leave any country, including his own, and to return to his country.

Article 21
  • 1. Everyone has the right to take part in the government of his country, directly or through freely chosen representatives.
    2. Everyone has the right to equal access to public service in his country.
    3. The will of the people shall be the basis of the authority of government; this will shall be expressed in periodic and genuine elections which shall be by universal and equal suffrage and shall be held by secret vote or by equivalent free voting procedures.

Article 27
  • 1. Everyone has the right freely to participate in the cultural life of the community, to enjoy the arts and to share in scientific advancement and its benefits.
    2. Everyone has the right to the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he is the author.

Article 28
  • Everyone is entitled to a social and international order in which the rights and freedoms set forth in this Declaration can be fully realized.

Article 29
  • 1. Everyone has duties to the community in which alone the free and full development of his personality is possible.
    2. In the exercise of his rights and freedoms, everyone shall be subject only to such limitations as are determined by law solely for the purpose of securing due recognition and respect for the rights and freedoms of others and of meeting the just requirements of morality, public order and the general welfare in a democratic society.
    3. These rights and freedoms may in no case be exercised contrary to the purposes and principles of the United Nations.

Article 30
  • Nothing in this Declaration may be interpreted as implying for any State, group or person any right to engage in any activity or to perform any act aimed at the destruction of any of the rights and freedoms set forth herein.


Since people have a right to life (Article 3), and a right to freedom of movement (Article 13), it follows that people have rights
  • to travel safely on foot,
and also (via Article 8)
  • to effective legal remedies if this right is not respected.

This means that, on highways where motor vehicles are being driven at dangerous speeds, pedestrians have rights to
  • segregated space
  • safe crossings where pedestrian and motor vehicle routes cross
  • effective legal remedies to guarantee these.

What needs to happen


  • Decision makers should correct the policies that are causing the problems for pedestrians
  • Responsible citizens should ensure that they are not part of the problem e.g. they should comply with the law and in particular comply with speed limits, and not park illegally
  • Concerned citizens should consider what protest campaign is needed to ensure the current situation is corrected.


References


[1] The Universal Declaration of Human Rights (1948) Proclamation by the General Assembly of the United Nations http://www.un.org/en/universal-declaration-human-rights/index.html - or download from here. Some of the Articles are here abbreviated (using the wording of Amnesty International).

[2] The term pedestrians is used here to include people who walk, run, or use mobility equipment on footways (at not more than 4mph) such as wheelchairs, buggies and mobility scooters.

[3] European Convention on Human Rights (1950, and later for additional protocols) http://www.echr.coe.int/Documents/Convention_ENG.pdf - or download from here.



Copyright information


The image by ZAK is copyright United Nations.