31.8.4: The Universal Declaration of Human Rights

Overview

The Universal Declaration of Human Rights (UDHR) is a declaration adopted by the United Nations General Assembly on December 10, 1948 at the Palais de Chaillot, Paris. The Declaration arose directly from the experience of the Second World War and represents the first global expression of what many believe are the rights to which all human beings are inherently entitled. The UDHR urges member nations to promote a number of human, civil, economic, and social rights, asserting these rights are part of the “foundation of freedom, justice and peace in the world.” It aims to recognize, “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.” The full text is published by the United Nations on its website.

The UDHR was framed by members of the Human Rights Commission, with Eleanor Roosevelt as Chair, who began to discuss an International Bill of Rights in 1947. The members of the Commission did not immediately agree on the form of such a bill of rights and whether or how it should be enforced.

The Declaration consists of 30 articles which, although not legally binding, have been elaborated in subsequent international treaties, economic transfers, regional human rights instruments, national constitutions, and other 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. In 1976, after the Covenants had been ratified by a sufficient number of individual nations, the Bill became an international law.

Precursors to the Declaration

The United Nations (UN) is an intergovernmental organization to promote international cooperation. A replacement for the ineffective League of Nations, the organization was established after World War II to prevent another such conflict. The United Nations Charter was drafted at a conference in April–June 1945; this charter took effect October 24, 1945, and the UN began operation.

During World War II, the Allies adopted the Four Freedoms—freedom of speech, freedom of religion, 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.”

When the atrocities committed by Nazi Germany became apparent after the war, the consensus within the world community was that the United Nations Charter did not sufficiently define the rights to which it referred. A universal declaration that specified the rights of individuals was necessary to give effect to the Charter’s provisions on 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 of Human Rights is a fundamental constitutive document of the United Nations. In addition, many international lawyers 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 the Declaration “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. 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, as well as by individuals who appeal to its principles for the protection of their recognized human rights.

Even though it is not legally binding, the Declaration has been adopted in or has influenced most national constitutions since 1948. It has also served as the foundation for a growing number of national laws, international laws, and treaties, as well as regional, subnational, and national institutions protecting and promoting human rights.

Attributions

• The Universal Declaration of Human Rights
  • “History of human rights.” https://en.wikipedia.org/wiki/History_of_human_rights. Wikipedia CC BY-SA 3.0.
  • “United Nations.” https://en.wikipedia.org/wiki/United_Nations. Wikipedia CC BY-SA 3.0.
  • “Universal Declaration of Human Rights.” https://en.wikipedia.org/wiki/Universal_Declaration_of_Human_Rights. Wikipedia CC BY-SA 3.0.
  • “EleanorRooseveltHumanRights.png.” https://en.wikipedia.org/wiki/Universal_Declaration_of_Human_Rights#/media/File:EleanorRooseveltHumanRights.png. Wikipedia CC BY-SA 3.0.