Universal Declaration Of Human Rights Essay

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According to the United Nations (UN), the 1948 Universal Declaration of Human Rights (i.e., the Declaration) is the foundation of international human rights law—the first universal statement on the basic principles of inalienable human rights and the world’s most translated document. It has been influential in other key human rights documents and is part of the International Bill of Human Rights. This bill also includes the International Covenant on Economic, Social, and Cultural Rights and the International Covenant on Civil and Political Rights (adopted in 1966) and its two Optional Protocols.

The document that ultimately became the Declaration was taken up at the UN General Assembly’s first session in 1946. The draft Declaration on Fundamental Human Rights and Freedoms was reviewed and then sent to the Economic and Social Council for reference to the Commission on Human Rights, where it would be considered as part of the process of preparing an international bill of rights. The Commission, in early 1947, authorized the formulation of a preliminary draft for the International Bill of Human Rights. Later, the work was taken over by a formal drafting committee.

The Commission on Human Rights included eighteen members and was chaired by Eleanor Roosevelt. Other members included René Cassin (France), who composed the Declaration’s first draft; Charles Malik (Lebanon), who served as committee reporter; Peng Chung Chang (China), vice chairman of the Commission; and John Humphrey (Canada), director of the UN’s human rights division, who prepared the Declaration’s blueprint.

The Declaration’s first draft was proposed in September 1948 with over fifty member states participating in the final drafting. Member states voted a total of fourteen hundred times on various aspects of the text, with many debates. Some Islamic states objected to the articles on equal marriage rights and on the right to change religious beliefs, while several Western countries criticized the inclusion of economic, social, and cultural rights. On December 10, 1948, the General Assembly adopted the Declaration with eight nations abstaining from the vote but none dissenting.

The Declaration’s preamble proclaims the document a common standard of achievement for all. It calls for the promotion of respect for these rights and freedoms and the securing of their universal and effective recognition and observance. Article 1 follows and states, «All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood.” Under Article 2, everyone is entitled to all the Declaration’s rights and freedoms without any distinction.

According to the UN, the Declaration’s articles can be divided into three clusters. Articles 3 to 21 constitute the first cluster and outline civil and political rights. The right to life, liberty, and personal security, recognized in Article 3, is followed by political rights and civil liberties, including freedom from slavery, torture, and arbitrary arrest, along with rights to a fair trial, free speech and free movement, and privacy.

The second cluster, Articles 22 to 27, refers to economic, social, and cultural rights. Article 22 is of key importance, granting the right to social security and thus realization of economic, social, and cultural rights indispensable for dignity, and free and full personal development. Five articles elaborate the rights necessary for the enjoyment of the right to social security. These include 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 community’s cultural life.

Finally, Articles 28 to 30 provide a larger protective framework in which all human rights are to be universally enjoyed. Article 28 recognizes the right to a social and international order that enables the realization of human rights and fundamental freedoms. Article 29 acknowledges that, along with rights, human beings have obligations to the community that enable them to develop their individual potential freely and fully. Finally, Article 30 protects the interpretation of the articles from any outside interference contrary to the UN’s purposes and principles.

Organizations such as Amnesty International have supported the Declaration but there has also been debate, such as over its compatibility with Islamic law. In 1993, representatives of 171 states adopted the Vienna Declaration and Programme of Action of the World Conference on Human Rights. This stated that human rights education, training, and public information were essential for promoting and achieving stable and harmonious relations among communities and for fostering mutual understanding, tolerance, and peace. Following this, the ten-year period beginning on January 1, 1995, was proclaimed the UN Decade for Human Rights Education, with simultaneous creation of the UN Office of the High Commissioner for Human Rights.

Bibliography:

  1. Amnesty International. “Universal Declaration of Human Rights 60th Anniversary.” www.amnesty.org/en/universal-declaration-human-rightsanniversary.
  2. Littman, David G. “Human Rights and Human Wrongs.” National Review Online, January 13, 2003. www.nationalreview.com/comment/ comment-littman011903.asp.
  3. Morsink, Johannes. The Universal Declaration of Human Rights—Origins, Drafting and Intent. Philadelphia: University of Pennsylvania Press, 1999.
  4. United Nations. “A United Nations Priority: Universal Declaration of Human Rights.” www.un.org/rights/HRToday/declar.htm.
  5. “The Universal Declaration of Human Rights.” www.un.org/ Overview/rights.html.
  6. “60th Anniversary: Universal Declaration of Human Rights.” www. un.org/events/humanrights/udhr60/index.shtml.
  7. United Nations Office of the High Commissioner for Human Rights. “Fact Sheet No. 2 (Rev. 1),The International Bill of Human Rights.” www. ohchr.org/Documents/Publications/FactSheet2Rev.1en.pdf.

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