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Human rights were adopted as the underlying principle of international law in the Charter of the United Nations (1945). The United Nations (UN) was established to support international efforts to achieve justice, peace, and freedom in the world through new diplomatic institutions and simultaneously the promotion and protection of human rights. The charter embodies an international effort to codify principles for living together on the basis that all human beings are endowed with inherent dignity and are equally entitled to human rights. Human rights are particularly relevant to considerations of diversity in education since they provide a universally recognized standard that applies irrespective of a person's origin, status, culture, or language.

The recognition in international law of the entitlement to equal rights is not always observed in practice by governments and authorities. This does not, however, diminish the moral force of human rights discourse. Human rights provide powerful rhetorical leverage in struggles for dignity and equality, since local issues become global and call in solidarity from around the world.

Legal Status of Human Rights

Human rights were first comprehensively defined in the Universal Declaration of Human Rights (UDHR) in 1948. This remains the key foundational text, and the principle of the universality and indivisibility of the rights proclaimed in the UDHR has been continually reaffirmed by governments, while in addition some 200 additional human rights instruments have been developed.

Groups historically subject to discrimination have demanded legal measures to address specific issues, as have groups campaigning internationally for the abolition of gross state-sanctioned abuses of rights. Largely as a result of such efforts, the UN has adopted seven conventions covering human rights of women, children, migrants, and persons with disabilities; and the elimination of racial discrimination, torture, and enforced disappearances. Such conventions are the most powerful instruments in international law because signatory governments are legally bound to respect, protect, and fulfill the human rights defined in them. In other words, they must refrain from restricting rights (respect); ensure legal security for the enjoyment of human rights (protect); and put in place measures that promote human rights.

Human Rights Instruments Relating to Education and Diversity

The International Convention on the Elimination of All Forms of Racial Discrimination (1965) was the first UN human rights convention, and it specifically outlaws discrimination in the provision of education. It also requires states to commit to education programs aimed at combating prejudices that lead to racial discrimination. It was ratified by the United States in 1994. The UN Convention on the Rights of the Child (1989) also places educational obligations on states. It was signed by the United States in 1995. Like governments of other countries across the world, the U.S. government is committed in principle to ensuring education to combat physical and mental violence or bullying (article 19); promoting health education for all segments of society (article 24); and ensuring the right to education (article 28), including promoting respect for cultural identity, language and friendship among all peoples, ethnic, national, and religious groups and persons of indigenous origin (article 29). Groups campaigning on issues associated with diversity and education may use these principles and solemn undertakings by governments as benchmarks to legitimize their campaigns.

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