Universal Declaration of Human Rights

Universal Declaration of Human Rights
FDR Presidential Library & Museum · CC BY 2.0 · source
Document name	Universal Declaration of Human Rights
Date created	1948
Date ratified	10 December 1948
Location of document	Palais de Chaillot, Paris
Writer	Drafting Committee chaired by Eleanor Roosevelt
Signers	48 of 58 member states of the United Nations
Purpose	Fundamental human rights to be universally protected

Universal Declaration of Human Rights is a milestone document in the history of human rights, proclaimed by the United Nations General Assembly in Paris on 10 December 1948. Drafted in the aftermath of World War II and the Holocaust, it sets out, for the first time, fundamental human rights to be universally protected. The declaration has served as the foundation for an expanding system of international human rights law and has inspired constitutions and legal frameworks around the globe.

Background and history

The impetus for the declaration emerged from the atrocities of World War II, with world leaders seeking to establish a new international order based on shared values. The Charter of the United Nations, signed in 1945 in San Francisco, explicitly reaffirmed faith in fundamental human rights. In 1946, the United Nations Economic and Social Council established the Commission on Human Rights, chaired by former First Lady of the United States Eleanor Roosevelt. The drafting committee included influential figures like René Cassin of France, Charles Malik of Lebanon, P. C. Chang of China, and John Peters Humphrey of Canada. The final text was negotiated among member states with diverse cultural and political backgrounds, including the Soviet Union, South Africa, and United Kingdom. It was adopted at the Palais de Chaillot with 48 votes in favor, eight abstentions from states including the Soviet Bloc, Saudi Arabia, and South Africa, and two absentions.

Content and structure

The document consists of a preamble and 30 articles, articulating a broad range of civil, political, economic, social, and cultural rights. The preamble sets out the philosophical basis, recognizing the inherent dignity and equal rights of all members of the human family. Key articles include Article 1, which states all human beings are born free and equal in dignity and rights, and Article 3, affirming the right to life, liberty, and security of person. It outlines fundamental freedoms such as freedom from slavery in Article 4, freedom from torture in Article 5, and the right to a fair trial in Article 10. Later articles address social and economic rights, including the right to work in Article 23, the right to education in Article 26, and the right to participate in cultural life in Article 27. The final articles, like Article 29, place duties on the individual to the community.

Significance and influence

Its adoption marked a revolutionary moment in international law, establishing human rights as a legitimate concern of the international community. It directly inspired a suite of binding treaties, most notably the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights, which together form the International Bill of Human Rights. The declaration's principles have been incorporated into the constitutions of numerous nations, from Japan and Germany after World War II to South Africa after apartheid. It provided a moral and legal framework for the work of organizations like Amnesty International and Human Rights Watch, and its articles are routinely invoked in rulings by bodies such as the European Court of Human Rights. The day of its adoption, 10 December, is celebrated annually as Human Rights Day.

Criticisms and debates

From its inception, the declaration faced criticism regarding its philosophical underpinnings and universal applicability. Some scholars, like Mahatma Gandhi, and representatives from states like Saudi Arabia, argued it reflected predominantly Western liberal ideals, overlooking other cultural traditions from Asia or the Islamic world. The Cold War created a political divide, with the Soviet Union and its allies criticizing its emphasis on political rights over economic rights, while Western critics accused communist states of ignoring civil liberties. Legal scholars have debated the non-binding nature of the declaration, though its provisions are widely considered to have attained the status of customary international law. Contemporary debates often center on the implementation and enforcement of its provisions, with critics pointing to ongoing violations by member states of the United Nations Security Council, including China and Russia.

Legacy and commemoration

Its legacy is profound, serving as the cornerstone of the modern human rights movement and influencing liberation struggles from the American Civil Rights Movement to the anti-apartheid movement in South Africa. The document holds the Guinness World Record as the most translated document, available in over 500 languages. Its principles are taught globally and are embedded in the missions of international institutions from the International Criminal Court to the UNESCO. Landmarks like the United Nations Headquarters in New York City and the Human Rights and Alliance of Civilizations Room at the Palais des Nations in Geneva commemorate its enduring importance, ensuring its articles remain a benchmark for freedom and justice worldwide.

Category:United Nations documents Category:Human rights instruments Category:1948 in law