Human Rights

Universal Declaration of Human Rights (UDHR)

The United Nations General Assembly adopted the Declaration on December 10, 1948.

Introduction
“All human rights for all’ and ‘the world is one family” are the two notions that have relied on the broadened
definition of human rights, ensuring human dignity for every individual of the human race in the global
village.

The question of fundamental human rights has been relevant ever since the rudimentary structure of
human society came to be established. Such rights can be said to comprise the basic needs of human
beings, which include the right to food, the right to breathe clean and unpolluted air, the right to shelter, the
right to clothing, and the right to a decent environment, all of which are essential for human beings to live
and survive, as against natural rights, which all living beings enjoy from birth and which no human agency
can give or take away.

The Universal Declaration of Human Rights(UDHR) declares, from the outset, that its goal is to establish
worldwide human rights. The Universal Declaration of Human Rights (UDHR) is a building block in the
modern history of human rights since it draws from ancient to contemporary philosophies in response to
the horrific events of World War II.

What are human rights

The term “human right” does not have a specific scientific definition. These are moral claims that are
inalienable and inherent in all human beings solely because of their existence. These claims are expressed
and formalised in what we now refer to as human rights, and have been translated into constitutional/legal
rights established through the law-making processes of states/societies, both nationally and internationally.
Human rights are often defined as “inalienable fundamental rights to which a person is essentially entitled
just by virtue of being human.” Thus, human rights are understood as universal (meaning they apply
everywhere) and egalitarian (meaning they are the same for everyone). Human rights is a generic term that
includes and is the traditional civil and political rights and newly developed modern economic, social and
cultural rights.

Global dynamics preceding the drafting of Universal

Declaration of Human Rights

Although the theological, philosophical, and political foundations of human rights intersected early on,
providing a diverse variety of viewpoints crucial to the formation of civil liberty as a concept, no universal
baseline for human rights was formed until the end of World War I. The Treaty of Versailles, signed in 1919,
resulted in the formation of the League of Nations and the International Labour Organisation, two of the
earliest international institutions dedicated to achieving peace and promoting social justice.

The League of Nations Covenant guaranteed ‘fair and humane labor conditions’, ‘just treatment’ particularly
for people from historically colonial countries and members of minority groups, and ‘freedom of conscience
and religion.’

Despite the efforts made to incorporate racial equality and non-discrimination articles, the concept of
international protection for human rights was never fully examined or recognised by the global community.

The Institut de Droit International(Institute of International Law), a well-respected worldwide law

institution, drafted and adopted the Declaration of the International Rights of Man at its meeting in New
York in 1929. This agreement declared that “every individual has equal rights to life, liberty, and property”
regardless of nationality, gender, language, or religion.

Ironically, the outbreak of World War II and its numerous losses drew greater attention to the subject of
human rights. WWII killed almost 60 million people between 1939 and 1945, including allied and axis
soldiers and civilians, making it the deadliest battle in human history. Sexual brutality, forced labor, mass
bombings, and human experimentation were among the horrors committed during and after the Holocaust.

With the pledge ‘Never Again’, the international community pledged to strengthen international
collaboration to prevent future crimes against humanity. US President Franklin D. Roosevelt issued one of
the first major humanitarian responses to the cruel conflict. In January 1941, he proposed the Four
Freedoms, which recognise the basic liberties to which all people are entitled as freedom of expression,
religion, lack of want, and lack of fear, as well as the ‘supremacy of human rights everywhere.’ Roosevelt’s
Four Freedoms were so influential that they were later incorporated into the preambles of the Universal
Declaration of Human Rights and other important human rights declarations.

The United States, the United Kingdom, the Soviet Union, China, and 22 other countries signed the
Declaration of the United Nations in January 1942. Many states, including Panama, Chile, South Africa, and
Mexico, proposed inserting human rights provisions in the UN Charter in April 1945, and as a result, the UN
Charter talks about the promotion of ‘respect for human rights and fundamental freedoms that is entitled
to each and every individual in this world, with this it also mandated the establishment of a Commission on
Human Rights under the Economic and Social Council

About the Universal Declaration of Human Rights (UDHR)

As previously said the concept of inalienable rights and fundamental freedoms is not new; nonetheless, the
social and political setting of the mid-twentieth century was unique and left an eternal impact on the
development of human rights. At a time when society was undergoing significant changes, the concept of
human rights was also compelled to shift as well. Following the end of World War II, the Holocaust
inevitably shed light on human rights issues, bringing those concerns to the forefront in the postwar era.

The Universal Declaration of Human Rights (UDHR) adopted by the United Nations General Assembly, is an
international declaration that establishes all human beings’ rights and freedoms. It was adopted by the
General Assembly on December 10, 1948, at the Palais de Chaillot in Paris, France, after being drafted by a
UN committee directed by Eleanor Roosevelt. The UDHR is a foundational text in the history of human and
civil rights, consisting of 30 articles in it. Although the declaration is not legally enforceable, the rights are
inscribed in the constitutions and national legislation of many countries.

The Universal Declaration of Human Rights, along with the International Covenant on Civil and Political
Rights with its two Optional Protocols, the International Covenant on Economic, Social, and Cultural Rights
along with its Optional Protocol, forms the International Bill of Human Rights.

World Human Rights Day is observed every year on December 10th, the anniversary of the adoption of the
Universal Declaration of Human Rights.

Legality of Universal Declaration of Human Rights

Since the Universal Declaration is not a treaty, it does not impose any legal duties on governments directly.
It is, however, a statement of universal principles that all members of the international community share; it
has also had a significant impact on the creation of international human rights law.

In addition, the Universal Declaration of Human Rights has given rise to several international treaties that
are binding on the countries that ratify them. These include:

The International Covenant on Civil and Political Rights(ICCPR)

The International Covenant on Economic, Social, and Cultural Rights(ICESCR)

Other legally binding agreements that expand on the rights enshrined in the Universal Declaration of
Human Rights include:

The Convention on the Elimination of All Forms of Racial Discrimination, 1965

The Convention on the Elimination of All Forms of Discrimination against Women, 1979
The Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment,
1984
The Convention on the Rights of the Child, 1989
The Convention on the Rights of Persons with Disabilities, 2006

A summary of the articles

The basic structure of the Universal Declaration of Human Rights was influenced by the Code Napoléon, a
series of regulations written centuries ago by Napoléon Bonaparte.

Though its final shape took form in the second draft prepared by French jurist René Cassin, who also
contributed to the first draft prepared by Canadian legal expert John Peters Humphrey.

The Declaration consists of the following:

The preamble of the Declaration outlines the social and historical factors that led to the formation of the
Universal Declaration of Human Rights.

Article 1:Free and equal

All humans are born free and equal, and they should all be treated equally.

Article 2: Freedom from discrimination

Everyone is entitled to claim their rights, regardless of their sexual orientation, socioeconomic status,
religion, ethnicity, or language.

Civil and Political Rights: Articles 3 to 21

Article 3:Right to life

Everyone has the right to life, as well as the right to live in a free and secure environment.

Article 4: Freedom from slavery

No one has the right to treat anyone as a slave, and you have no right to enslave anyone.

Article 5: Freedom from torture

No one human being has the right to subject any human being to torture.

Article 6: Right to recognition before the law

Each and every individual should be legally protected by law.

Article 7: Right to equality before the law

The law is the same for everyone and it should be applied in the same way to everyone without any
discrimination.

Article 8: Access to justice

When the rights of individuals are violated, they have every right to seek legal aid.
Article 9: Freedom from arbitrary detention

No individual has the authority to arbitrarily arrest or detain any individual, or deport them from their
nation.

Article 10: Right to a fair trial

Trials should be open to the public and conducted fairly by an impartial and independent tribunal.

Article 11: Presumption of innocence

Until an individual is to be proven guilty in a court of law, they are presumed innocent, and hence they have
the right to a defence.

Article 12: Right to privacy

Each and every human being has the right to be protected if someone attempts to damage their reputation,
access their house without permission, or interfere with their correspondence.

Article 13: Freedom of movement

Everyone has the right to leave or relocate inside their own country and to return

Article 14: Right to asylum

Everyone has the right to seek refuge in another country if you are being persecuted in your homeland.

Article 15: Right to nationality

Each and every human being has the right to be a citizen of a country and to have its nationality.

Article 16: Right to marriage and to found a family

Men and women have the right to marry (only when they attain their legal age to marry) without any regard
to race, country, or religion. The government and the legal system of that country should safeguard families.

Article 17: Right to own property

All human beings have the legal right to own property. No one has the authority to unlawfully take them
from any individual.

Article 18: Freedom of religion or belief

Everyone has the freedom to freely express, change, and practise their religion alone or with others.

Article 19: Freedom of Expression

Everyone has the right to think and freely express ideas or whatever they decide.
Article 20: Freedom of assembly

Every individual has the right to hold peaceful meetings and to participate in them.

Article 21: Right to take part in public affairs

Everyone has the right to participate in the political activities of their country and has equal access to public
service.

Economic, Social, and Cultural Rights: Articles 22 to 27

Article 22: Right to social security

Every individual should be able to develop freely and take advantage of all the benefits that their country
has to offer.

Article 23: Right to work

Everyone has the right to work in just and fair conditions, with the freedom to select their work and pay that
allows them to sustain themselves and their families. For equal work, everyone should be paid equally.

Article 24: Right to leisure and rest

Workdays should not be excessively long, and everyone has the right to rest and take paid leave regularly.

Article 25: Right to an adequate standard of living

Everyone has the right to have everything you require so that you and your family do not go hungry, are not
homeless, and do not fall ill.

Article 26: Right to education

Regardless of race, religion, or place of origin, every human being has the right to attend school, continue
their studies as far as they choose, and learn.

Article 27: Right to take part in the cultural, artistic, and scientific life

Each and every individual has the right to share the cultural, artistic, and scientific benefits of your
community.

Article 28: Right to a free and fair world

To ensure that our rights are protected, there must be a court that can protect them.

Article 29: Duty to your community

We humans have responsibilities to the community that allows us to completely develop our personality.
Human rights should be protected by law. It should enable everyone to appreciate and be respected by
others.

Article 30: Rights are inalienable

No one, neither institution nor individual, should act in any way to undermine the rights guaranteed by the
UDHR.

Conclusion
In a world where human rights enforcement is still a challenge in both developed and developing countries,
the Universal Declaration of Human Rights (UDHR) serves as a lighthouse for the international community
on the standards that should be set for the protection and promotion of human rights. The Universal
Declaration of Human Rights marked the beginning of a new era of hope for respect for all people’s inherent
equality and dignity. It paved the way for the drafting of international human rights treaties and the
formation of several human rights organisations. It gave greater legitimacy to the subject of human rights
around the world, putting it firmly on the agendas of both national governments and the international
community.

Despite these great achievements, the last seventy-three years have also shown that, in the absence of
political will and resources, complete respect for human rights remains a pledge on paper. Even in recent
scenarios, the fight against crime and terrorism has also put a strain on fundamental rights.

So governments today must show the same degree of vision, courage, and commitment that led the United
Nations to adopt the Universal Declaration of Human Rights seventy-three years ago.