Universal Declaration of Human Rights
The
Universal Declaration of Human Rights (also
UDHR) is a declaration adopted by the
United Nations General Assembly (A/RES/217,
December 10 1948 at
Palais de Chaillot,
Paris), outlining the organization's view on the
human rights guaranteed to all people. It was referred to by
Eleanor Roosevelt as "a
Magna Carta for all mankind."
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 clarify rights it protected. Rather, a universal declaration that articulated and codified the rights of individuals was necessary.
Canadian John Peters Humphrey was called upon by the
UN Secretariat to work on the project and became the declaration's principal drafter. Humphrey was assisted by
Eleanor Roosevelt of the
United States,
René Cassin of
France,
Charles Malik of
Lebanon, and
P. C. Chang of
China, among others. The proclamation was ratified during the General Assembly on December 10, 1948 by a vote of 48-0, with 8 abstentions (all Soviet Bloc states, South Africa and Saudi Arabia).
[See [1] under "Who are the signatories of the Declaration?"] Surprisingly, despite the central role played by Canadian John Humphrey, the Canadian government abstained from voting on the Declaration's draft. The government switched its position later when the draft went to the General Assembly.
http://www.journal.law.mcgill.ca/abs/vol43/2schab.pdfThe document is laid out in the
civil law tradition, including a
preamble followed by thirty articles. As it was conceived as a statement of objectives to be followed by governments, it is not legally binding and there were therefore no signatories. The declaration does not form part of
international law, but it 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 decided 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-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.
There are a total of thirty articles outlining people's human rights, but the most important principles declared are considered to be the following:
*The
right to life,
liberty,
property and
security of person.
*The right to an
education.
*The right to
employment, paid
holidays, protection against
unemployment, and
social security.
*The right to participate fully in
cultural life.
*
Freedom from
torture or cruel, inhumane treatment or punishment.
*
Freedom of thought, conscience and
religion.
*
Freedom of expression and opinion.
One
capitalist writer from the
United States has criticised the Universal Declaration of Human Rights as being opposite of human rights. Arguing that certain economic rights cannot be human rights for they must be provided by others through forceful extraction, i.e. taxation, and they negate other peoples' inalienable rights.
[See Capitalism Magazine - United Nations Declaration of Human Rights Destroys Individual Rights Retrieved June 22, 2006.] Arguing that individual rights are exactly what the document seeks to destroy . Adding to the argument that the communist Soviet Union incorporated these economic rights to their government and constitutions and thus ended up creating regimes responsible for the deaths of millions.
Unlike the
United States Bill of Rights, the Universal Declaration places little restriction on laws abridging the rights outlined in the Declaration. For example, where the US Bill of Rights says "Congress shall make no law", the Universal Declaration allows rights to be restricted if the restrictions are provided for by law.
The Universal Declaration also forbids the exercise of rights in a way that is "contrary to the purposes and principles of the United Nations".
The
Guinness Book of Records describes the UDHR as the "Most Translated Document" in the world, translated as of 2004 into 321 languages and dialects.
[See UDHR translation citation under Arts and Media - Books & Magazines at the Guinness World Records website, http://www.guinnessworldrecords.com/ Retrieved September 13, 2005.] Other works are more translated, however; for example, the
Bible is also described in the Guinness Book of Records as "translated into 2,233 languages and dialects."
[See Bible translation citation under Arts and Media - Books & Magazines at the Guinness World Records website, http://www.guinnessworldrecords.com/ Retrieved September 13, 2005.] Some of the translations available on the
UN High Commissioner for Human Rights website contain unrectified mistakes .
The rock band
U2 projected the UDHR onto an enormous screen after performing their song
Miss Sarajevo 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, who did not give as warm a reception to it as European audiences.
The Australian
Wave Aid concerts following the 2004
Boxing Day Tsunami featured a large banner containing certain articles of the UDHR.
*
Cyrus Cylinder, Ancient Persia, 559-530 BC
*
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, 1789
*
Constitution of the Soviet Union, first 1918
*
European Convention on Human Rights, 1950
*
Canadian Charter of Rights and Freedoms, 1982
*
Convention on the Rights of the Child, 1990
*
Cairo Declaration on Human Rights in Islam, 1990
*
Charter of Fundamental Rights of the European Union, 2000
*Johannes Morsink, "The Universal Declaration of Human Rights: Origins, Drafting & Intent" (Philadelphia: University of Pennsylvania Press, 1999).
*
Official UDHR Home Page*
Questions and answers about the Universal Declaration
