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Universal Declaration of Human Rights (UDHR)
Fifty
years ago, the United Nations General Assembly adopted the Universal Declaration
of Human Rights as a bulwark against oppression and discrimination. In
the wake of a devastating world war, which had witnessed some of the most
barbarous crimes in human history, the Universal Declaration marked the
first time that the rights and freedoms of individuals were set forth
in such detail. It also represented the first international recognition
that human rights and fundamental freedoms are applicable to every person,
everywhere. In this sense, the Universal Declaration was a landmark achievement
in world history. Today, it continues to affect people's lives and inspire
human rights activism and legislation all over the world.
The Universal
Declaration is remarkable in two fundamental aspects. In 1948, the then
58 Member States of the United Nations represented a range of ideologies,
political systems and religious and cultural backgrounds, as well as different
stages of economic development. The authors of the Declaration, themselves
from different regions of the world, sought to ensure that the draft text
would reflect these different cultural traditions and incorporate common
values inherent in the world's principal legal systems and religious and
philosophical traditions. Most important, the Universal Declaration was
to be a common statement of mutual aspirations -- a shared vision of a
more equitable and just world.
The success
of their endeavour is demonstrated by the virtually universal acceptance
of the Declaration. Today, the Universal Declaration, translated into
nearly 250 national and local languages, is the best known and most cited
human rights document in the world. The foundation of international human
rights law, the Universal Declaration serves as a model for numerous international
treaties and declarations and is incorporated in the constitutions and
laws of many countries.
Drafting
the universal declaration
The preparatory work for the Universal Declaration of Human Rights is
a remarkable and early example of the Organisation's capacity to bring
about international co-operation and consensus. The text was drafted in
two years between January 1947, when the Commission on Human Rights first
met to prepare an International Bill of Human Rights, and December 1948,
when the General Assembly adopted the Universal Declaration. An eight-member
drafting committee prepared the preliminary text of the Universal Declaration.
The committee, chaired by Mrs. Eleanor Roosevelt, widow of the former
United States President, agreed on the central importance of affirming
universal respect for human rights and fundamental freedoms, including
the principles of non-discrimination and civil and political rights, as
well as social, cultural and economic rights. The Commission then revised
the draft declaration, in the light of replies from Member States, before
submitting it to the General Assembly.
The General
Assembly, in turn, scrutinised the document, with the 58 Member States
voting a total of 1,400 times on practically every word and every clause
of the text. There were many debates. Some Islamic States objected to
the articles on equal marriage rights and on the right to change religious
belief, for example, while several Western countries criticised the inclusion
of economic, social and cultural rights. On 10 December 1948, the United
Nations General Assembly unanimously adopted the Universal Declaration
of Human Rights, with 8 abstentions. Since then, 10 December is celebrated
every year worldwide as Human Rights Day. The adoption of the Declaration
was immediately hailed as a triumph, uniting very diverse and even conflicting
political regimes, religious systems and cultural traditions. During 1998,
the fiftieth anniversary of the Universal Declaration is being commemorated
all over the world as Human Rights Year.
For the first
time in history, the international community embraced a document considered
to have universal value -- "a common standard of achievement for
all peoples and all nations". Its Preamble acknowledges the importance
of a human rights legal framework to maintaining international peace and
security, stating that recognition of the inherent dignity and equal and
inalienable rights of all individuals is the foundation of freedom, justice
and peace in the world. Elaborating the United Nations Charter's declared
purpose of promoting social progress and well-being in larger freedom,
the Declaration gives equal importance to economic, social and cultural
rights and to civil rights and political liberties, and affords them the
same degree of protection. The Declaration has inspired more than 60 international
human rights instruments, which together constitute a comprehensive system
of legally binding treaties for the promotion and protection of human
rights.
The Universal
Declaration covers the range of human rights in 30 clear and concise articles.
The first two articles lay the universal foundation of human rights: human
beings are equal because of their shared essence of human dignity; human
rights are universal, not because of any State or international organisation,
but because they belong to all of humanity. The two articles assure that
human rights are the birthright of everyone, not privileges of a select
few, nor privileges to be granted or denied. Article 1 declares that "all
human beings are born 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 recognises the universal dignity of a life
free from discrimination. "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."
The first
cluster of articles, 3 to 21, sets forth civil and political rights to
which everyone is entitled. The right to life, liberty and personal security,
recognised in Article 3, sets the base for all following political rights
and civil liberties, including freedom from slavery, torture and arbitrary
arrest, as well as the rights to a fair trial, free speech and free movement
and privacy.
The second
cluster of articles, 22 to27, sets forth the economic, social and cultural
rights to which all human beings are entitled. The cornerstone of these
rights is Article 22, acknowledging that, as a member of society, everyone
has the right to social security and is therefore entitled to the realisation
of the economic, social and cultural rights "indispensable"
for his or her dignity and free and full personal development. Five articles
elaborate the rights necessary for the enjoyment of the fundamental right
to social security, including economic rights related to work, fair remuneration
and leisure, social rights concerning an adequate standard of living for
health, well-being and education, and the right to participate in the
cultural life of the community.
The third
and final cluster of articles, 28 to 30, provides a larger protective
framework in which all human rights are to be universally enjoyed. Article
28 recognises the right to a social and international order that enables
the realisation of human rights and fundamental freedoms. Article 29 acknowledges
that, along with rights, human beings also have obligations to the community
which also enable them to develop their individual potential freely and
fully. Article 30, finally, protects the interpretation of the articles
of the Declaration from any outside interference contrary to the purposes
and principles of the United Nations. It explicitly states that no State,
group or person can claim, on the basis of the Declaration, to have the
right to engage in any activity or to perform any act aimed at the destruction
of any of the rights and freedoms set forth in the Universal Declaration.
Source:
UN website. |