Universal Declaration of Human Rights

UNIVERSAL DECLARATION OF HUMAN RIGHTS – 1949

Human Rights are those minimal rights that individuals need to have against the state or other public authority by virtue of their being members of the human family, irrespective of any other consideration.

The history of mankind is marked by efforts to ensure respect for the dignity of human beings. The concept of human rights was introduced and developed by thinkers from various cultural and religious traditions.

However, it was only in the second half of the twentieth century that a comprehensive international system of human rights promotion and protection was set up.

Foundation of United Nations and Declaration of Human Rights were the two important landmarks / turning points in the human rights movement.

The United Nations (1945) described human rights as: ‘those rights which are inherent in our nature and without which we cannot live as human beings’.

The horrors of the Second World War (1939 – 1945) confirmed and strengthened the belief that ‘the recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world’. This provision was inscribed in the Universal Declaration of Human Rights (UDHR), which has become the cornerstone of international human rights law emerging in subsequent years.

The Universal Declaration of Human Rights (UDHR) is the basic international pronouncement of the inalienable and inviolable rights of all members of the human family. This may be the first contemporary landmark in the development of the concept of human rights.

The U.N. General Assembly adopted it on the 10th of December 1948, at its meeting in Paris, as a common goal, realizing them for all people, all nations and every individual and every group in society. This declaration was constantly kept in mind to strive and provide for these rights and freedoms by teaching and education, and by progressive measures, national and international.

At this time the United Nations was dominated by the Western powers, yet even then the absence of consensus on human rights was evident in the abstention of eight countries, including the Soviet Union, Saudi Arabia and South Africa. However, forty eight states voted in favor of the declaration and none voted against it. The adoption of the declaration by a big majority without any direct opposition was a remarkable achievement. It was the first occasion on which an organized community of nations had made a declaration of Human rights and Fundamental Freedom.

While this declaration articulated a set of principles and is not a treaty, it has been hailed as embodying the aspirations of a world committed to respecting the rights and dignity of human beings.

The adoption and declaration of Human Rights promoted a respect of human rights and an international concern of primary importance.

According to Buergenthal, “because of its moral status and the legal and political importance it has acquired over the years, the declaration ranks with the Magna Carta, the French Declaration of the Rights of Man and the American Declaration of Independence, as a milestone is mankind’s struggle for freedom and human dignity."

The Declaration consists of a preamble and 30 articles spelling out the human rights and freedom to which all human beings in the world are entitled.

In its Preamble, the Declaration defines human rights as the ‘rights derived from the inherent dignity of the human person.’

The Preamble refers to the faith in fundamental Human Rights in the dignity and worth of the human person and in the equal rights of men and women, which the people of the UN have reaffirmed in the UN Charter.

The provisions can be classified into 4 (four) categories:-
1. General (Arts1 and 2)
2. Civil and Political Rights (Art 3 – 21)
3. Economic, Social and Cultural Rights (Art 22 – 27)
4. Concluding (Arts 28 – 30)

Articles 1 and 2 are general proclaiming that all human beings are born free and equal in dignity and rights and that everyone is entitle to all the rights and freedoms set forth in this declaration, without distinction of any kind.

Many of the rights proclaimed in the declaration are as below:-
Article 3 - The right to life, liberty and security of person
Article 4 - Freedom from slavery
Article 5 - Freedom from torture
Article 6 - Right to legal recognition
Article 7 - The right to freedom from discrimination and to the equal protection of the law
Article 8 - Right to remedy
Article 9 - Prohibition of arbitrary arrest, detention or exile
Article 10 - Right to fair trial
Article 11 – the presumption of innocence until proved guilty
Article 12 – Right to privacy
Article 13 – Right to freedom of movement
Article 14 – Right to seek and to enjoy in other countries asylum (refuge/protection) from persecution
Article 15 – Right to a nationality and to change his nationality
Article 16 – Right to marry and found a family
Article 17 – Right to own property
Article 18 – The right to freedom of thought, conscience and religion
Article 19 – the right to freedom of opinion and expression
Article 20 – the freedom of peaceful assembly / association
Article 21 – Right to vote, to stand in election and to hold public office

But the UDHR differs from classical catalogues of human rights because it deals not only with the traditional civil and political rights but also with economic, social and cultural rights.

The declaration goes on to provide for the right to social security (Article 22)
Article 23 – the right to work and equal pay for equal work
Article 24 – Right to just conditions of work
Article 25 – the right to an adequate standard of living
Article 26 – the right to education
Article 27 – the right to freely participate in the cultural life of the community, to enjoy the arts and to share in scientific advancement and its benefits and the right to protection of the moral and material interests resulting from any scientific, literary or artistic production of which he is the author
Article 28 – declares that everyone is entitled to a social and international order in which the rights and freedom set forth in this declaration can be fully realized.
Article 29 – presupposes an existence of duties for the existence of these rights.
Article 30 – says that the Declaration in no circumstances should be used as a pretext for violating rights.

In spite of being a remarkable achievement for the UN in the area of Human Rights, the Universal Declaration made some glaring omissions. Nothing was mentioned in regard to protection of minorities, nor the right to petition at the national level. Even so it has become a yardstick or standard of respect for Human Rights.

It may be noted that the declaration is not a treaty. It was adopted by the General Assembly as a resolution having no force of law. Therefore it was not considered a legally binding document. This point was emphasized time and again by States when discussing the Declaration prior to its adoption.
It is appropriate to ask, “What, then, is the significance of the U.D.? How can we estimate its value to us?” Estimating its value is a difficult exercise. But nevertheless, there are a number of categorical statements that can be made about the UD because there are at least three areas in which the effect of the Declaration has been felt and can be measured:
1. Decisions made by the United Nations: Ever since the promulgation of the Declaration, it has been used as a standard of conduct and as a basis for appeals in urging governments to take measures to observe human rights.

2. Treaties: A number of global and regional treaties have been prepared to transform the UD into international conventional law.

3. National Constitutions, legislation, and court decisions: the domestic law of many states has shown the marked influence of the UD.

As a consequence it can justifiably be said that influence of the UD has been profound. Many scholars claim that the principles contained in the Declaration are now part of customary international law, binding upon all states.

Whatever may be the legal status and significance of the declaration, to date it remains the most important document in the field of Human Rights and a perennial source of inspiration to promote and protect fundamental freedom.