Universal Declaration of Human Rights
The Universal Declaration of Human Rights (UDHR) is an international document adopted by the United Nations General Assembly that enshrines the rights and freedoms of all human beings. Drafted by a UN committee chaired by Eleanor Roosevelt, it was accepted by the General Assembly as Resolution 217 during its third session on 10 December 1948 at the Palais de Chaillot in Paris, France.[1] Of the 58 members of the United Nations at the time, 48 voted in favour, none against, eight abstained, and two did not vote.[2]
Universal Declaration of Human Rights
A foundational text in the history of human and civil rights, the Declaration consists of 30 articles detailing an individual's "basic rights and fundamental freedoms" and affirming their universal character as inherent, inalienable, and applicable to all human beings.[1] Adopted as a "common standard of achievement for all peoples and all nations", the UDHR commits nations to recognize all humans as being "born free and equal in dignity and rights" regardless of "nationality, place of residence, sex, national or ethnic origin, colour, religion, language, or any other status".[3]
The Declaration is considered a milestone document for its universalist language, which makes no reference to a particular culture, political system, or religion.[4][5] It directly inspired the development of international human rights law, and was the first step in the formulation of the International Bill of Human Rights, which was completed in 1966 and came into force in 1976. Although not legally binding, the contents of the UDHR have been elaborated and incorporated into subsequent international treaties, regional human rights instruments, and national constitutions and legal codes.[6][7][8]
All 193 member states of the United Nations have ratified at least one of the nine binding treaties influenced by the Declaration, with the vast majority ratifying four or more.[1] While there is a wide consensus that the declaration itself is non-binding and not part of customary international law, there is also a consensus that many of its provisions are binding and have passed into customary social law,[9][10] although courts in some nations have been more restrictive on its legal effect.[11][12] Nevertheless, the UDHR has influenced legal, political, and social developments on both the global and national levels, with its significance partly evidenced by its 530 translations.[13]
The underlying structure of the Universal Declaration was influenced by the Code Napoléon, including a preamble and introductory general principles.[14] Its final structure took form in the second draft prepared by French jurist René Cassin, who worked on the initial draft prepared by Canadian legal scholar John Peters Humphrey.
The Declaration consists of the following:
Cassin compared the Declaration to the portico of a Greek temple, with a foundation, steps, four columns, and a pediment.[16] Articles 1 and 2—with their principles of dignity, liberty, equality and brotherhood—served as the foundation blocks. The seven paragraphs of the preamble, setting out the reasons for the Declaration, represent the steps leading up to the temple. 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. Finally, the last three articles provide the pediment which binds the structure together, as they emphasize the mutual duties of every individual to one another and to society.[16]
Honduras
Yemen
Reaction[edit]
Praise and support[edit]
The Universal Declaration has received praise from a number of notable activists, jurists, and political leaders. Lebanese philosopher and diplomat Charles Malik called it "an international document of the first order of importance",[89] while Eleanor Roosevelt—first chairperson of the Commission on Human Rights (CHR) that helped draft the Declaration—stated that it "may well become the international Magna Carta of all men everywhere."[90] At the 1993 United Nations World Conference on Human Rights, one of the largest international gatherings on human rights,[91] diplomats and officials representing 100 nations reaffirmed their governments' "commitment to the purposes and principles contained in the Charter of the United Nations and the Universal Declaration of Human Rights" and emphasized that the Declaration as "the source of inspiration and has been the basis for the United Nations in making advances in standard setting as contained in the existing international human rights instruments."[83] In a speech on 5 October 1995, Pope John Paul II called the Declaration "one of the highest expressions of the human conscience of our time", despite the Vatican never adopting it.[92] In a statement on 10 December 2003 on behalf of the European Union, Marcello Spatafora said that the Declaration "placed human rights at the centre of the framework of principles and obligations shaping relations within the international community".[93]
As a pillar of international human rights, the UDHR enjoys widespread support among international and nongovernmental organizations. The International Federation for Human Rights (FIDH), one of the oldest human rights organizations, has as its core mandate the promotion of the respect for all rights set out in the Declaration, the International Covenant on Civil and Political Rights, and the International Covenant on Economic, Social and Cultural Rights.[94][95] Amnesty International, the third oldest international human rights organization,[96] has regularly observed Human Rights Day and organized worldwide events to bring awareness and support of the UDHR.[97] Some organizations, such as the Quaker United Nations Office and the American Friends Service Committee have developed curriculum or programmes to educate young people on the UDHR.[98][99][100]
Specific provisions of the UDHR are cited or elaborated by interest groups in relation to their specific area of focus. In 1997, the council of the American Library Association (ALA) endorsed Articles 18 through 20 concerning freedoms of thought, opinion, and expression,[101] which were codified in the ALA Universal Right to Free Expression and the Library Bill of Rights.[102] The Declaration formed the basis of the ALA's claim that censorship, invasion of privacy, and interference of opinions are human rights violations.[103]