UNIVERSAL DECLARATION OF HUMAN RIGHTS

Recently, the Universal Declaration of Human Rights celebrated its 75th anniversary, it received approval from the UN General Assembly during a meeting in Paris, marking a pivotal moment in the establishment of the post-World War II international order.

The declaration was heralded as "a common standard of achievement for all peoples and all nations." However, in the ensuing decades, its application has not consistently reflected this lofty aspiration. As the document reaches its 75th anniversary, U.N. human rights chief Volker Türk asserted this week that the world finds itself in a "sombre moment in history," marred by conflicts and crises. Despite these challenges, he maintained that "human rights have not failed."

The Universal Declaration of Human Rights (UDHR) is a landmark document that sets out the fundamental rights and freedoms to which all people are entitled. Comprised of a preamble and 30 articles, it serves as a powerful beacon of hope and a guide for building a fairer and more just world.

Core Principles

• Equality and Dignity: Article 1 proclaims that all human beings are born free and equal in dignity and rights. This foundational principle underscores the inherent worth of every individual, regardless of any background or circumstance.
• Universality and Non-discrimination: Article 2 emphasizes that all individuals are entitled to the rights and freedoms outlined in the Declaration, without any form of discrimination. It rejects all forms of prejudice and promotes inclusivity and respect for diversity.
• Right to Life, Liberty, and Security: The UDHR recognizes the fundamental right to life, liberty, and security of a person (Article 3). This forms the cornerstone for individual freedom and protection from harm.
• Freedom from Slavery and Torture: The Declaration explicitly prohibits slavery, servitude, torture, and cruel, inhuman, or degrading treatment (Articles 4 and 5). These provisions safeguard human dignity and defend against inhumane practices.
• Equality before the Law and Fair Trial: The UDHR guarantees equality before the law and the right to a fair and public hearing by an independent and impartial tribunal (Articles 7 and 10). This ensures access to justice and protects individuals from arbitrary decisions.
• Rights to Asylum, Religion, Expression, and Assembly: The Declaration safeguards the rights to seek asylum (Article 14), freedom of religion (Article 18), freedom of opinion and expression (Article 19), and freedom of peaceful assembly (Article 20). These rights are essential for individual autonomy and participation in a democratic society.
• Right to Education: Article 26 recognizes the right to education, emphasizing its vital role in personal development and societal progress.

• The Universal Declaration can be traced to the collective determination of global leaders to prevent the recurrence of atrocities following two world wars and the Holocaust.
• In addition to establishing the United Nations through the U.N. Charter in 1945, countries sought to create a definitive "road map" ensuring the rights of every individual.
• Eleanor Roosevelt, the widow of U.S. President Franklin D. Roosevelt, chaired a formal drafting committee, consisting of members from eight countries representing diverse geographical distributions, within the newly formed Commission on Human Rights.
• The final drafting process in 1948 involved the participation of over 50 U.N. member countries.
• On December 10, 1948, the U.N. General Assembly approved the resulting declaration, with eight countries abstaining, but none voting against it.
• Amnesty International highlights that during the drafting phase, a significant portion of the world's population lived under colonial rule.
• Despite this power dynamic, the drafting process was not dominated by the powerful alone.
• Smaller nations adeptly manoeuvred to ensure that the final text unequivocally promised human rights for all without distinction.
• Notably, female delegates played a crucial role in guaranteeing the affirmation of equal rights for men and women in the declaration.

The Universal Declaration, while not a legally binding treaty itself, has had significant achievements and impacts:

• Although not legally binding on its own, the principles articulated in the declaration have served as a foundation for international human rights law. It inspired the creation of more than 70 human rights treaties at both global and regional levels.
• The principles of the declaration have been integrated into the legal frameworks of many countries. Governments around the world have recognized and adopted its principles, incorporating them into their domestic laws to safeguard the rights and freedoms of their citizens.
• The declaration played a crucial role in inspiring and catalyzing various movements and struggles globally. It was influential in movements for decolonization, the fight against apartheid, and various freedom struggles. It has been a source of inspiration for activists advocating for gender equality, LGBTQ+ rights, and combating racism.
• The declaration is considered a universal standard for human rights. Despite arguments that it might not apply universally across different religions, cultures, or regions, it stands as a foundational document advocating for the rights and dignity of all individuals.
• The declaration laid the groundwork for subsequent agreements that built on its principles. For example, the Vienna Declaration and Program of Action of 1993, mentioned by U.N. High Commissioner for Human Rights Volker Türk, further contributed to the development of human rights institutions and frameworks.

• The world currently witnesses numerous conflicts and situations where human rights are under threat. From the Israel-Hamas conflict to Russia's war in Ukraine, internal struggles in Myanmar and Sudan, and countless other instances, the UDHR's principles are often disregarded in the face of violence and instability.
• As UN Secretary-General Antonio Guterres remarked, the UDHR has been "too often misused and abused." Political actors exploit it for their own agendas, while others conveniently ignore it when it suits their interests. This undermines the credibility and effectiveness of the document.
• The UN Human Rights Council, entrusted with promoting and protecting human rights globally, faces criticism for including countries with questionable human rights records among its members. This compromises the Council's legitimacy and hinders its ability to hold violators accountable.

6. The Way Forward

The 75th anniversary of the UDHR serves as a stark reminder of the ongoing struggle for human rights globally. While challenges abound, the document's principles remain a powerful rallying cry for justice and equality. By learning from the past, safeguarding the integrity of the human rights system, and holding violators accountable, we can strive towards a future where the UDHR's vision of a world with universal respect for human dignity becomes a reality.