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Universal Declaration of Human Rights

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Universal Declaration of Human Rights
Eleanor Roosevelt with the Spanish version of the Universal Declaration of Human Rights.
Created1948
Ratified10 December 1948
LocationPalais de Chaillot, Paris
Author(s)John Peters Humphrey (Canada), Rene Cassin (France), P. C. Chang (China), Charles Malik (Lebanon), Eleanor Roosevelt (United States), among others
PurposeHuman rights

The Universal Declaration of Human Rights (UDHR) is a declaration adopted by the United Nations General Assembly (10 December 1948 at the Palais de Chaillot, Paris). The Guinness Book of Records describes the UDHR as the "Most Translated Document"[1] in the world. The Declaration arose directly from the experience of the Second World War and represents the first global expression of rights to which all human beings are respectfully entitled to. It consists of 30 articles which have been elaborated in subsequent international treaties, regional human rights instruments, national constitutions and laws. The International Bill of Human Rights consists of the Universal Declaration of Human Rights, the International Covenant on Economic, Social and Cultural Rights, and the International Covenant on Civil and Political Rights and its two Optional Protocols. In 1966 the General Assembly adopted the two detailed Covenants, which complete the International Bill of Human Rights; and in 1976, after the Covenants had been ratified by a sufficient number of individual nations, the Bill took on the force of international law.[2]

History

Precursors

Main article: History of human rights

The morals and values of human rights can be traced through the history of religious beliefs and cultures around the world. European philosophers of the enlightenment period developed theories of natural law that influenced the adoption of documents such as the Bill of Rights of England, the Bill of Rights in the United States, and the Declaration of the Rights of Man and of the Citizen in France.

During World War II, the Allies adopted the Four Freedoms: freedom of speech, freedom of assembly, freedom from fear and freedom from want, as their basic war aims. The United Nations Charter "reaffirmed faith in fundamental human rights, and dignity and worth of the human person" and committed all member states to promote "universal respect for, and observance of, human rights and fundamental freedoms for all without distinction as to race, sex, language or religion".[3]

When the atrocities committed by Nazi Germany became apparent after the World War II, the consensus within the world community was that the United Nations Charter did not sufficiently define the rights it referenced.[4][5] A universal declaration that specified the rights of individuals was necessary to give effect to the Charter's provisions on human rights.[6] Such a declaration was proposed by Cuban diplomats Guy Pérez Cisneros and Ernesto Dihigo.[citation needed]

Drafting

Main article: Drafting of the Universal Declaration of Human Rights

Canadian John Peters Humphrey was called upon by the United Nations Secretary-General to work on the project and became the Declaration's principal drafter. At the time Humphrey was newly appointed as Director of the Division of Human Rights within the United Nations Secretariat.[7] The Commission on Human Rights, a standing body of the United Nations, was constituted to undertake the work of preparing what was initially conceived as an International Bill of Rights. The membership of the Commission was designed to be broadly representative of the global community with representatives of the following countries serving: Australia, Belgium, Byelorussian Soviet Socialist Republic, Chile, China, Cuba, Egypt, France, India, Iran, Lebanon, Panama, Philippines, United Kingdom, United States, Soviet Union, Uruguay and Yugoslavia.[8] Well known members of the Commission included Eleanor Roosevelt of the United States, who was Chairman, Jacques Maritain and René Cassin of France, Charles Malik of Lebanon and P. C. Chang of China,[9] among others. Humphrey provided the initial draft which became the working text of the Commission.

According to Globalizing Family Values, the Declaration's pro-family phrases were the result of the Christian Democratic movement's influence on Cassin and Malik.[10]

Adoption

The Universal Declaration was adopted by the General Assembly on 10 December 1948 by a vote of 48 in favor, 0 against, with 8 abstentions (all Soviet Bloc states [i.e., Byelorussia, Czechoslovakia, Poland, Ukraine, USSR] and Yugoslavia, South Africa and Saudi Arabia).[11]

The following countries voted in favor of the Declaration: Afghanistan, Argentina, Australia, Belgium, Bolivia, Brazil, Burma, Canada, Chile, China, Colombia, Costa Rica, Cuba, Denmark, the Dominican Republic, Ecuador, Egypt, El Salvador, Ethiopia, France, Greece, Guatemala, Haiti, Iceland, India, Iran, Iraq, Lebanon, Liberia, Luxembourg, Mexico, Netherlands, New Zealand, Nicaragua, Norway, Pakistan, Panama, Paraguay, Peru, Philippines, Thailand, Sweden, Syria, Turkey, United Kingdom, United States, Uruguay and Venezuela.[12]

Despite the central role played by Canadian John Humphrey, the Canadian Government at first abstained from voting on the Declaration's draft, but later voted in favour of the final draft in the General Assembly.[13]

Structure

The underlying structure of the Universal Declaration was introduced in its second draft which was prepared by Rene Cassin. Cassin worked from a first draft prepared by John Peters Humphrey. The structure was influenced by the Code Napoleon, including a preamble and introductory general principles.[14] Cassin compared the Declaration to the portico of a Greek temple, with a foundation, steps, four columns and a pediment. Articles 1 and 2 are the foundation blocks, with their principles of dignity, liberty, equality and brotherhood. The seven paragraphs of the preamble, setting out the reasons for the Declaration, are represented by the steps. The main body of the Declaration forms the four columns. The first column (articles 3–11) constitutes rights of the individual, such as the right to life and the prohibition of slavery. The second column (articles 12–17) constitutes the rights of the individual in civil and political society. The third column (articles 18–21) is concerned with spiritual, public and political freedoms such as freedom of religion and freedom of association. The fourth column (articles 22–27) sets out social, economic and cultural rights. In Cassin's model, the last three articles of the Declaration provide the pediment which binds the structure together. These articles are concerned with the duty of the individual to society and the prohibition of use of rights in contravention of the purposes of the United Nations.[15]

Preamble

The Universal Declaration begins with a preamble consisting of seven paragraphs followed by a statement "proclaiming" the Declaration.

Each paragraph of the preamble sets out a reason for the adoption of the Declaration. The first paragraph asserts that the recognition of human dignity of all people is the foundation of justice and peace in the world. The second paragraph observes that disregard and contempt for human rights have resulted in barbarous acts which have outraged the conscience of mankind and that the four freedoms: freedom of speech, belief, freedom from want, and freedom from fear – which is "proclaimed as the highest aspiration" of the people. The third paragraph states that so that people are not compelled to rebellion against tyranny, human rights should be protected by rule of law. The fourth paragraph relates human rights to the development of friendly relations between nations. The fifth paragraph links the Declaration back to the United Nations Charter which reaffirms faith in fundamental human rights and dignity and worth of the human person. The sixth paragraph notes that all members of the United Nations have pledged themselves to achieve, in cooperation with the United Nations, the promotion of universal respect for and observance of human rights and fundamental freedoms. The seventh paragraph observes that "a common understanding" of rights and freedoms is of "the greatest importance" for the full realization of that pledge.[16]

These paragraphs are followed by the "proclamation" of the Declaration as a "common standard of achievement" for "all peoples and all nations", so that "all individuals" and "all organs of society" should by teaching and education, promote respect for these rights and freedoms and by progressive measures, national and international, secure their universal and effective recognition and observance.[16]

Commemoration: International Human Rights Day

Main article: Human Rights Day

The adoption of the Universal Declaration is a significant international commemoration marked each year on 10 December and is known as Human Rights Day or International Human Rights Day. The commemoration is observed by individuals, community and religious groups, human rights organisations, parliaments, governments and the United Nations. Decadal commemorations are often accompanied by campaigns to promote awareness of the Declaration and human rights. 2008 marked the 60th anniversary of the Declaration and was accompanied by year long activities around the theme "Dignity and justice for all of us".[17]

Significance and legal effect

Significance

In the preamble, governments commit themselves and their peoples to measures to secure the universal and effective recognition and observance of the human rights set out in the Declaration. Eleanor Roosevelt supported the adoption the UDHR as a declaration, rather than as a treaty, because she believed that it would have the same kind of influence on global society as the United States Declaration of Independence had within the United States. In this she proved to be correct. Even though not formally legally binding, the Declaration has been adopted in or influenced most national constitutions since 1948. It also serves as the foundation for a growing number of international treaties and national laws and international, regional, national and sub-national institutions protecting and promoting human rights.

Legal effect

While not a treaty itself, the Declaration was explicitly adopted for the purpose of defining the meaning of the words "fundamental freedoms" and "human rights" appearing in the United Nations Charter, which is binding on all member states. For this reason, the Universal Declaration is a fundamental constitutive document of the United Nations. Many[citation needed] international lawyers, in addition, believe that the Declaration forms part of customary international law and is a powerful tool in applying diplomatic and moral pressure to governments that violate any of its articles. The 1968 United Nations International Conference on Human Rights advised that it "constitutes an obligation for the members of the international community" to all persons. The declaration has served as the foundation for two binding UN human rights covenants, the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights and the principles of the Declaration are elaborated in international treaties such as the International Convention on the Elimination of All Forms of Racial Discrimination, the International Convention on the Elimination of Discrimination Against Women, the United Nations Convention on the Rights of the Child, the United Nations Convention Against Torture and many more. The Declaration continues to be widely cited by governments, academics, advocates and constitutional courts and individual human beings who appeal to its principles for the protection of their recognised human rights.

Reaction

Praise

The Universal Declaration has received praise from a number of notable people. Charles Malik, Lebanese philosopher and diplomat, called it "an international document of the first order of importance,"[18] while Eleanor Roosevelt, first chairwoman of the Commission on Human Rights (CHR) that drafted the Declaration, stated that it "may well become the international Magna Carta of all men everywhere."[19] 10 December 1948. In a speech on 5 October 1995, Pope John Paul II called the UDHR "one of the highest expressions of the human conscience of our time."[20] And in a statement on 10 December 2003 on behalf of the European Union, Marcello Spatafora said that "it placed human rights at the centre of the framework of principles and obligations shaping relations within the international community."[citation needed]

Censorship

The Cuban government has been accused of ordering copies of the Universal Declaration of Human Rights to be burned or otherwise destroyed.[21][22][23]

Criticism

Islamic criticism

Some Islamic countries have criticized the Universal Declaration of Human Rights for its perceived failure to take into the account the cultural and religious context of Islamic countries.[citation needed] In 1982, the Iranian representative to the United Nations, Said Rajaie-Khorassani, articulated the position of his country regarding the Universal Declaration of Human Rights, by saying that the UDHR was "a secular understanding of the Judeo-Christian tradition", which could not be implemented by Muslims without trespassing the Islamic law.[24] On 30 June 2000, Muslim nations that are members of the Organization of the Islamic Conference[25] officially resolved to support the Cairo Declaration on Human Rights in Islam,[26] an alternative document that says people have "freedom and right to a dignified life in accordance with the Islamic Shari’ah".[27] It is important to acknowledge that there are many voices within Islam and Shari'a law can and is interpreted variously by different Islamic jurists. The voiced opposition against the UDHR needs to be taken within that context. Religion, culture and politics are intertwined, the position of women and the lack of due legal process in many Islamic societies can not be entirely attributed to the application of Shari'a.

Property Rights Criticism

Libertarians and some conservatives believe the positive rights that must be provided by others through forceful extraction (for example taxation) negate other peoples' inalienable rights.[28]

Education

Some proponents of alternative education, particularly unschooling, take issue with the right to compulsory education stated in Article 26.[29] In the philosophies of John Holt and others, compulsory education itself violates the right of a person to follow their own interests:

No human right, except the right to life itself, is more fundamental than this. A person’s freedom of learning is part of his freedom of thought, even more basic than his freedom of speech. If we take from someone his right to decide what he will be curious about, we destroy his freedom of thought. We say, in effect, you must think not about what interests you and concerns you, but about what interests and concerns us.

— John Holt, Escape from Childhood

The Right to Refuse to Kill

Groups such as Amnesty International[30] and War Resisters International[31] have advocated for "The Right to Refuse to Kill" to be added to the UDHR. War Resisters International has stated that the right to conscientious objection to military service is primarily derived from, but not yet explicit in, Article 18 of the UDHR: the right to freedom of thought, conscience and religion.[31]

Steps have been taken within the UN to make this right more explicit (see Conscientious Objector); but those steps have been limited to secondary, more "marginal" UN documents. That is why Amnesty International would like to have this right brought "out of the margins" and explicitly into the primary document, namely the UDHR itself.[30]

To the rights enshrined in the Universal Declaration of Human Rights one more might, with relevance, be added. It is "The Right to Refuse to Kill."[32]

— Assistant Secretary General of the United Nations, and Nobel Peace Laureate, Sean MacBride, 1974 Nobel Lecture

Bangkok Declaration

In the Bangkok Declaration adopted by Ministers of Asian states meeting in 1993 in the lead up to the World Conference on Human Rights, Asian governments reaffirmed their commitment to the principles of the United Nations Charter and the Universal Declaration of Human Rights. They stated their view of the interdependence and indivisibility of human rights and stressed the need for universality, objectivity and non-selectivity of human rights.[33]

Article 29 Section 3

The Declaration's assertion that, "These rights and freedoms may in no case be exercised contrary to the purposes and principles of the United Nations." is criticized by some as a "fail-safe" clause; supposedly allowing any previous right to be suspended at whim based on changes in UN policy. [34]


See also

Human rights

Celebration of the 60th Anniversary of UDHR

Non-binding agreements

National human rights law

International human rights law

Other

Notes and references

  1. ^ "Universal Declaration of Human Rights Contact Page". Unhchr.ch. Archived from the original on 2007-12-31. Retrieved 2008-12-10.
  2. ^ Paul Williams, Ed., "The International Bill of Human Rights", Entwhistle, 1981. This is the first book edition (ISBN 0-034558-07-8) of the Universal Declaration of Human Rights, with a forward by Jimmy Carter.
  3. ^ United Nations Charter, preamble and article 56
  4. ^ Overview
  5. ^ UDHR50: Didn't Nazi tyranny end all hope for protecting human rights in the modern world?
  6. ^ UDHR - History of human rights
  7. ^ Johannes Morsink, The Universal Declaration of Human Rights, University of Pennsylvania Press, p. 5
  8. ^ Morsink, p 4
  9. ^ The Declaration was drafted during the Chinese Civil War. P. C. Chang was appointed as a representative by the Republic of China, then recognised government of China, which was driven from mainland China and was later to become the government of Taiwan and nearby islands.
  10. ^ Carlson, Allan (12 January 2004) Globalizing Family Values.
  11. ^ See UNA-Canada under "Who are the signatories of the Declaration?"
  12. ^ Yearbook of the United Nations 1948-1949 p 535
  13. ^ Schabas, William (1998). "Canada and the Adoption of Universal Declaration of Human Rights" (fee required). McGill Law Journal. 43: 403. Retrieved 2009-07-29.
  14. ^ Glendon, pp 62-64
  15. ^ Mary Ann Glendon, A World Made New: Eleanor Roosevelt and the Universal Declaration of Human Rights, Chapter 10
  16. ^ a b Universal Declaration of Human Rights, preamble
  17. ^ UDHR 60th Anniversary Activities
  18. ^ Statement by Charles Malik as Representative of Lebanon to the Third Committee of the UN General Assembly on the Universal Declaration, 6 November 1948[dead link]
  19. ^ Eleanor Roosevelt: Address to the United Nations General Assembly
  20. ^ John Paul II. "Address of His Holiness John Paul II." The Fiftieth General Assembly of the United Nations. United Nations Headquarters, New York. 5 October 1995; n. 2
  21. ^ "Books Ordered Burned or Destroyed by Cuban Courts in April 2003".
  22. ^ Ray Bradbury condemns Cuban book burning: 'Fahrenheit 451' author takes stance while U.S. librarians ignore counterparts.
  23. ^ ""Library books burned, buried, dumped": Mystery solved?". March 9, 2000.
  24. ^ Littman, David. "Universal Human Rights and Human Rights in Islam". Midstream, February/March 1999 web.archive.org / bluewin.ch
  25. ^ Organisation of The Islamic Conference
  26. ^ "Report and Resolutions on Political, Muslim Minorities and Communities, Legal and Information Affairs". The Internet Archive. Archived from the original on 2007-10-12. Retrieved 2008-12-10.
  27. ^ The Cairo Declaration on Human Rights in Islam(5 Aug 1990)
  28. ^ See Capitalism Magazine - United Nations Declaration of Human Rights Destroys Individual Rights. Retrieved 22 June 2006.
  29. ^ Peter Sachs Collopy. "Educational Choice "on the Side of the Child": Liberalism and Libertarian Education". Retrieved 2009-03-11.
  30. ^ a b Amnesty International “Out of the margins: the right to conscientious objection to military service in Europe: An announcement of Amnesty International's forthcoming campaign and briefing for the UN Commission on Human Rights” 1 April 1997. Amnesty International, Worldwide Sites, Library, Europe and Central Asia. Retrieved May 9, 2008 [1]
  31. ^ a b War Resisters International A Conscientious Objector's Guide to the UN Human Rights System, Parts 1,2&3, Background Information on International Law for COs, Standards which recognise the right to conscientious objection, In treaties. [2] retrieved May 9, 2008
  32. ^ Sean MacBride “The Imperatives of Survival” Nobel Lecture, December 12, 1974. [3] retrieved May 9, 2008 from The Nobel Foundation – Official website of the Nobel Foundation. (English index page; hyperlink to Swedish site.) From Nobel Lectures, [4] Peace 1971-1980, Editor-in-Charge Tore Frängsmyr, Editor Irwin Abrams, World Scientific Publishing Co., Singapore, 1997
  33. ^ "Final Declaration Of The Regional Meeting For Asia Of The World Conference On Human Rights". Law.hku.hk. Retrieved 2008-12-10.
  34. ^ "The Human Rights Deception". thefreemanonline.org. Retrieved 2009-06-07.
  35. ^ [5][dead link]

Further reading

  • Johannes Morsink, "The Universal Declaration of Human Rights: Origins, Drafting and Intent" (Philadelphia: University of Pennsylvania Press, 1999).
  • Universal Declaration of Human Rights pages at Columbia University (Center for the Study of Human Rights), including article by article commentary, video interviews, discussion of meaning, drafting and history.
  • John Nurser, "For All Peoples and All Nations. Christian Churches and Human Rights". (Geneva: WCC Publications, 2005).

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