(Redirected from UN Universal Declaration of Human Rights)
The 'Universal Declaration of Human Rights' (abbreviated 'UDHR') is an advisory declaration adopted by the
United Nations General Assembly (A/RES/217,
10 December 1948 at
Palais de Chaillot,
Paris). It consists of 30 articles which outline the view of the United Nations General Assembly on the
human rights guaranteed to all people.
Eleanor Roosevelt, first chairwoman of the Commission on Human Rights (CHR) that drafted the Declaration, said, "It is not a
treaty...[In the future, it] may well become the international
Magna Carta..."
[1]
History
Prior to the proclamation of the Universal Declaration of Human Rights, several countries had proclaimed comparable declarations. Examples include the ''
Bill of Rights'' in the
United States, and the ''
Declaration of the Rights of Man and of the Citizen'' in
France.
Creation
When the atrocities committed by
Nazi Germany became apparent after the Second World War, there was a general consensus within the world community that the
United Nations Charter did not sufficiently define the rights it referenced. A universal declaration that specified the rights of individuals was necessary .
Canadian John Peters Humphrey was called upon by the
UN Secretary General to work on the project and became the Declaration's principal drafter. Humphrey was assisted by
Eleanor Roosevelt of the
United States,
Jacques Maritain and
René Cassin of
France,
Charles Malik of
Lebanon, and
P. C. Chang of the
Republic of China, among others. The proclamation was ratified during the General Assembly on 10 December, 1948 by a vote of 48 in favour, 0 against, with 8 abstentions (all Soviet Bloc states, South Africa and Saudi Arabia).
[2] 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 favor of the final draft in the General Assembly. (See
[2])
Structure and legal implications
The document is laid out in the
civil law tradition, including a
preamble followed by thirty articles. It was conceived as a statement of objectives to be followed by governments. 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 it "constitutes an obligation for the members of the international community" to all persons. The declaration has served as the foundation for the original two legally non-binding UN human rights covenants, the
International Covenant on Civil and Political Rights, and the
International Covenant on Economic, Social and Cultural Rights. It continues to be widely cited by academics, advocates, and constitutional courts.
Praise and Criticism
Praise
★ 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".
★ "Taken as a whole, the Delegation of the United States believes that this a good document – even a great document – and we propose to give it our full support. [...] This Universal Declaration of Human Rights may well become the international Magna Carta of all men everywhere."
:
Eleanor Roosevelt, 9 December 1948
★ Statement by Marcello Spatafora on behalf of the
European Union on
10 December 2003: "Over the past 55 years, humanity has made extraordinary progress in the promotion and protection of human rights thanks to the creative force generated by the Universal Declaration of Human Rights, undoubtedly one of the most influential documents in history. It is a remarkable document, full of idealism but also of determination to learn lessons from the past and not to repeat the same mistakes. Most importantly, it placed human rights at the centre of the framework of principles and obligations shaping relations within the
international community."
★ "For people of good will around the world, that document is more than just words: It's a global testament of
humanity, a standard by which any humble person on Earth can stand in judgment of any government on Earth."
:
Ronald Reagan (March 1989, US Department of State Bulletin)
Islamic criticism
★ Predominantly
Muslim countries, like
Sudan,
Pakistan,
Iran, and
Saudi Arabia, frequently criticized the Universal Declaration of Human Rights for its perceived failure to take into account the cultural and religious context of non-
Western countries. In 1981 , 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.
[3]
★ However, while a few Muslim nations have criticized the UDHR as Western (there are about 50 Muslim nations),
Rudolph Peters, Professor of Islamic Law at
Amsterdam University has said that of Muslim nations, there is "a greater compliance with universal human rights norms by the states that have introduced Islamic criminal law."
[4] (As opposed to more modern Westernized Muslim states, and despite the fact that Islamic Law does not allow a Muslim to change his or her religion, in direct contradiction of Article 18.)
:"Muslims nations are committed to different international human rights conventions that have been drafted and are implemented under the aegis of the United Nations. Unlike the Universal Declaration of Human Rights of 1948, these advisory conventions are only binding upon those who have ratified them, and there are minimal sanctions for violations. Nevertheless, these signatories show their commitment to
human rights. The relevant advisory instruments are: the 1966
International Covenant on Civil and Political Rights (ICCPR); the 1979
Convention on the Elimination of All Forms of Discrimination against Women (CEDAW); the 1984
Convention against Torture and Other Cruel, Inhuman and Degrading Treatment and Punishment (CAT); and the 1989
Convention on the Rights of the Child (CDC)."
[4]
:"The legitimacy of modern human rights discourse is often challenged by Muslims with the argument that human rights are a Western invention based on a Western discourse that does not take into account the cultural specificity of the Muslim world or non-Western cultures in general. Yet most Muslim states have by now become signatories to human rights conventions, showing their acceptance of international human rights discourse...",
[4]
Other criticism
★
Jeane Kirkpatrick,
U.S. Ambassador to the
United Nations, argued that certain
economic rights cannot be
human rights, for they must be provided by others through forceful extraction, for example
taxation, and that they negate other peoples' inalienable rights.
[7] Kirkpatrick called the Declaration "a letter to
Santa Claus",
[8] saying "Neither nature, experience, nor probability informs these lists of 'entitlements', which are subject to no constraints except those of the mind and appetite of their authors."
[9]
★ Article 29(3) of the UDHR states that "These rights and freedoms may in no case be exercised contrary to the purposes and principles of the United Nations." While some feel this effectively places the UN above its own law, which they argue is hypocritical, others point out that the "purposes and principles" of the United Nations refers to principles and goals agreed upon by its Member States, and directed towards world peace, rather than to any functions or operations of the United Nations as an organization.
★ Sometimes specific provisions are singled out for criticism because of their content. For example, Article 30 promotes the ideal of free universal education, and is sometimes derided as "the right to force someone else to pay for my child's education." The right to hold property in common with others is sometimes opposed by anti-corporate activists. The right to marry outside of your caste or clan is opposed by many segregationists.
Languages
The
Guinness Book of Records describes the UDHR as the "Most Translated Document"
[10] in the world.
References in entertainment
The rock band
U2 projected the UDHR onto an enormous screen after performing their song "
Miss Sarajevo", and "
Running to Stand Still" during their Vertigo tour. Their presentation also included individuals from around the world speaking selected articles of the UDHR. The full UDHR was used during the European and South American legs whilst an edited version was used for audiences in the
United States.
The Australian
Wave Aid concerts following the 2004
Boxing Day Tsunami featured a large banner containing certain articles of the UDHR.
See also
Non-binding agreements
★
Cyrus Cylinder, Ancient Persia, 559-530 BC
★
Declaration of Sentiments, 1848
★
Cairo Declaration on Human Rights in Islam, 1990
★
Vienna Declaration and Programme of Action, 1993
★
United Nations Millennium Declaration, 2000
National human rights law
★
Cáin Adomnáin, 697
★
Magna Carta, England, 1215
★
English Bill of Rights and
Scottish Claim of Right, 1689
★
Virginia Declaration of Rights, June 1776
★
United States Declaration of Independence, July 1776
★
United States Bill of Rights, completed in 1789, approved in 1791
★
Declaration of the Rights of Man and of the Citizen, France 1789
★
Constitution of the Soviet Union, first 1918
★
Canadian Charter of Rights and Freedoms, 1982
International human rights law
★
European Convention on Human Rights, 1950
★
Convention Relating to the Status of Refugees, 1954
★
Convention on the Elimination of All Forms of Racial Discrimination, 1969
★
International Covenant on Civil and Political Rights, 1976
★
International Covenant on Economic, Social and Cultural Rights, 1976
★
Convention on the Elimination of All Forms of Discrimination Against Women, 1981
★
Convention on the Rights of the Child, 1990
★
Charter of Fundamental Rights of the European Union, 2000
Other
★
Command responsibility
★
Declaration on Great Apes, an as-yet unsuccessful effort to extend some human rights to
great apes
★
John Peters Humphrey & film
PSA Histori.ca short
Further reading
★ Johannes Morsink, "The Universal Declaration of Human Rights: Origins, Drafting & Intent" (Philadelphia: University of Pennsylvania Press, 1999).
Notes
External links
★
Text of the UDHR (English)
★
Official translations of the UDHR
★
Librivox: Human-read audio recordings in several Languages
★
Questions and answers about the Universal Declaration
★
WORLD CONFERENCES ON HUMAN RIGHTS AND MILLENNIUM DECLARATION
★
Text, Audio, and Video excerpt of Eleanor Roosevelt's Address to the United Nations on the Universal Declaration of Human Rights
★
Proposal for a Privacy Protection Guideline on Secret Personal Data Gathering and Transborder Flows of Such Data in the Fight against Terrorism and Serious Crime by Marcel Stuessi
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