What Is The Universal Declaration Of Human Rights, Which Is Marking Its 75th Anniversary?

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(Source: Indian Express, 12/15/2023)

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Why in the news?

• Recently, the Universal Declaration of Human Rights (UDHR) celebrated its 75th Anniversary on December 12th, 2023.
• The UDHR has served as the foundation for international human rights laws and has been a strong influence on the legal systems of countries across the world.

What is the Universal Declaration of Human Rights?

• The Universal Declaration of Human Rights (UDHR) is a document that outlines the rights and freedoms of all members of the human race.
• It was adopted by the UN General Assembly on December 10th 1948 as per Resolution 217.
• Of the 58 UNGA members at the time, 48 voted in favor, none against, 8 abstained and 2 did not vote.
• It establishes that all humans have the right to life, liberty, and the security of a person while stating that no one would be held in slavery or tortured.
• The UDHR, in combination with the International Covenant on Civil and Political Rights (ICCPR) and its two Optional Protocols and the International Covenant on Economic, Social and Cultural Rights (ICESCR) and its Optional Protocol, form the International Bill of Human Rights.
• Structure:
  • Its structure was inspired by the Code Napoleon, a set of laws formulated by Napoleon Bonaparte.
  • Its final structure evolved in the second draft prepared by French jurist René Cassin while the initial draft was prepared by Canadian legal scholar John Peters Humphrey.

Important provisions

• It consists of a preamble and 30 articles describing the fundamental rights and freedoms of humans.
• Preamble: It mentions the social and historical reasons that contributed to the development of the UDHR.
• Article 1: It states that all humans are born free and equal in dignity
• Article 2: It provides that everyone is entitled to rights and freedoms outlined by the declaration without any distinctions of race, color, sex, language, religion, national or social opinion, property, birth, political or other opinion, etc.
• Articles 3 – 5: It deals with individual rights like the right to life and the prohibition of slavery.
• Articles 6 – 11: It covers the fundamental rights of humans and remedies in case of their violation.
• Articles 12 – 17: These articles outline the rights of the individual to the community such as the right to property, right to nationality, right of free movement, and residence within a state.
• Articles 18 – 21: It deals with individual rights such as the freedom of thought, opinion, religion, peaceful association, and expression of ideas through any media.
• Articles 22 – 27: These cover the individual’s rights to economic, social, and cultural rights including healthcare and higher standard of living.
• Articles 28 – 30: It deals with the general means of exercising these rights and the areas in which the rights cannot be applied

Why and how was the UDHR drawn up?

• The UDHR was the result of the “never again” attitude adopted by political leaders in the aftermath of the Holocaust and the two World Wars.
• Therefore, they decided that an additional document on top of the UN charter was necessary to develop a road map guaranteeing the rights of every individual.
• Committee:
  • The formal drafting committee was chaired by Eleanor Roosevelt, the widow of U.S. President Franklin D. Roosevelt.
  • It consisted of members of the Commission on Human Rights from eight countries.
• Over 50 countries participated in the final drafting in 1948, which was approved by the UNGA.
• One of the major challenges faced by the committee was resolving the differences in opinion on human rights between the USA and the Soviet Union.

What did it achieve?

• Rule of law: The UDHR is a secular, apolitical document that is not bound by any cultural, religious, or political ideologies.
  • It was the first instrument of international law to use the term “rule of law”.
  • It thus contributed to establishing the principle that all members of society are equally bound by law regardless of the jurisdiction or political system.
• Inspiration for countries: Although the UDHR was not a treaty or legally binding on member countries, the principles outlined in it have become the basis of international and national legal systems and human rights laws.
  • According to the UN, the UDHR and its principles enabled the development of more than 70 human rights treaties at the global and regional levels.
• Social movements: The UDHR also influenced freedom fights, decolonization, and anti-apartheid movements across the world.
  • The UDHR has also inspired campaigns for gender rights, anti-racism, peace, etc.
• Universal standard: The UDHR has become the universal standard for human rights helping to ensure that the fundamental rights of people are respected despite differences in political, cultural, or regional traditions.
  • It serves as living proof of the possibility of a global vision for human rights, therefore countries should learn from its successes and failures.
• Voice to smaller countries: Although the UDHR was developed during an era in which large parts of the world were subject to colonial role, it was free of any single influence.
  • The participation of smaller nations helped ensure that it provided human rights to all without distinction.
• Follow-up agreements:
  • International Bill of Human Rights which was completed in 1966 and came into force in 1976.
  • Vienna Declaration and Program of Action of 1993.
• World Human Rights Day: In honor of the passing of the UDHR, December 10th has been celebrated every year as World Human Rights Day or International Human Rights Day.

Challenges

• Geopolitical conflicts and wars: The rise in geopolitical conflicts such as the Israel-Palestine crisis, Russia’s invasion of Ukraine, and internal ethnic conflicts in Myanmar and Sudan have impacted the human rights outlined in the UDHR.
• Misuse and abuse: According to U.N. Secretary-General Antonio Guterres, the UDHR has been misused and abused for political gain.
  • He raised the issue of the UDHR also being ignored by people in political power, affecting the rights of the common person.
  • For example, the U.N. Human Rights Council has been criticized for the poor human rights records of its member countries.

Conclusion

In its 75th year, the Universal Declaration of Human Rights (UDHR) remains a pivotal force, shaping global human rights. Despite challenges from conflicts and misuse, it serves as a beacon, inspiring legal frameworks and social movements worldwide.

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FAQs

MCQs

Question: Other than the Fundamental Rights, which of the following parts of the Constitution of India reflect/ reflect the principles and provisions of the Universal Declaration of Human Rights (1948)? (UPSC CSE 2020)

1. Preamble
2. Directive Principles of State Policy
3. Fundamental Duties

Select the correct answer using the code given below:

(a) 1 and 2 only

(b) 2 only

(c) 1 and 3 only

(d) 1, 2 and 3

Question: Consider the following :

1. Right to education.
2. Right to equal access to public service.
3. Right to food.

Which of the above is/are Human Right/Human Rights under “Universal Declaration of Human Rights’’? (UPSC 2011)

(a) 1 only

(b) 1 and 2

(c) 3 only

(d) 1, 2 and 3

Question: Amnesty International is (UPSC 2015)

(a) an agency of the United Nations to help refugees of civil wars

(b) a global Human Rights Movement

(c) a non-governmental organization to help people voluntary very poor people

(d) an inter-governmental agency to cater to medical emergencies in war-ravaged regions