Universal Declaration of Human Rights: Difference between revisions
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{{Short description|Declaration adopted in 1948 by the UN General Assembly}} |
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{{Infobox Document |
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{{Use dmy dates|date=April 2022}} |
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|document_name = Universal Declaration of Human Rights |
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{{Use Oxford spelling|date=August 2017}} |
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|image = EleanorRooseveltHumanRights.png |
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{{Infobox document |
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|image_width = 200px |
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| document_name = Universal Declaration of Human Rights |
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| image = Eleanor Roosevelt UDHR.jpg |
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| image_size = 200px |
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| image_caption = {{Longitem|[[Eleanor Roosevelt]] holding the English language version of the Universal Declaration of Human Rights in November 1949}} |
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|location_of_document = Palais de Chaillot, Paris |
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| image2 = The universal declaration of human rights 10 December 1948.jpg |
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|writer = [[John Peters Humphrey]] (Canada), [[Rene Cassin]] (France), [[P. C. Chang]] (China), [[Charles Malik]] (Lebanon), [[Eleanor Roosevelt]] (United States), among others |
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| image2_caption = The human rights adopted by the [[United Nations General Assembly]] of its 183rd meeting, held in Paris on 10 December 1948 |
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|signatories = |
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| date_created = 1948 |
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| date_ratified = 10 December 1948 |
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| location_of_document = [[Palais de Chaillot|Palais de Chaillot, Paris]] |
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| writer = [[Drafting of the Universal Declaration of Human Rights|Draft Committee]]{{efn|Included [[John Peters Humphrey]] (Canada), [[René Cassin]] (France), [[P. C. Chang]] (Republic of China), [[Charles Malik]] (Lebanon), [[Hansa Mehta]] (India) and [[Eleanor Roosevelt]] (United States); see [[#Creation and drafting|Creation and drafting]] section above.}} |
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| purpose = [[Human rights]] |
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| wikisource = Universal Declaration of Human Rights |
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| official_website = {{URL|https://www.un.org/en/about-us/universal-declaration-of-human-rights|un.org/udhr}} |
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}} |
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{{Rights}} |
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The '''Universal Declaration of Human Rights''' ('''UDHR''') is a declaration adopted by the [[United Nations General Assembly]] (10 December 1948 at [[Trocadéro|Palais de Chaillot]], Paris). The ''[[Guinness Book of Records]]'' describes the UDHR as the "Most Translated Document"<ref>http://www.unhchr.ch/udhr/miscinfo/record.htm</ref> in the world. The Declaration arose directly from the experience of the [[Second World War]] and represents the first global expression of rights to which all human beings are inherently entitled. It consists of 30 articles which have been elaborated in subsequent international treaties, regional human rights instruments, national constitutions and laws. The [[International Bill of Human Rights]] consists of the Universal Declaration of Human Rights, the [[International Covenant on Economic, Social and Cultural Rights]], and the [[International Covenant on Civil and Political Rights]] and its two Optional Protocols. In 1966 the General Assembly adopted the two detailed Covenants, which complete the International Bill of Human Rights; and in 1976, after the Covenants had been ratified by a sufficient number of individual nations, the Bill took on the force of international law.<ref>[[Paul Williams]], Ed., "The International Bill of Human Rights", Entwhistle, 1981. This is the first book edition (ISBN 0-034558-07-8) of the Universal Declaration of Human Rights, with a forward by [[Jimmy Carter]].</ref> |
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{{Wikisource|Universal Declaration of Human Rights}} |
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The '''Universal Declaration of Human Rights''' ('''UDHR''') is an international document adopted by the [[United Nations General Assembly]] that enshrines the [[Human rights|rights and freedoms of all human beings]]. Drafted by a UN [[Drafting of the Universal Declaration of Human Rights|committee]] chaired by [[Eleanor Roosevelt]], it was accepted by the General Assembly as [[United Nations General Assembly Resolution 217|Resolution 217]] during [[Third session of the United Nations General Assembly|its third session]] on 10 December 1948 at the [[Palais de Chaillot]] in Paris, France.<ref name=":0">{{Cite web |title=Human Rights Law|url=https://www.un.org/en/sections/universal-declaration/human-rights-law/index.html|access-date=20 August 2020|publisher=United Nations|language=en |url-status=dead |archive-url= https://web.archive.org/web/20200813084117/https://www.un.org/en/sections/universal-declaration/human-rights-law/index.html |archive-date= Aug 13, 2020 }}</ref> Of the 58 members of the [[United Nations]] at the time, 48 voted in favour, none against, eight [[abstentions|abstained]], and two did not vote.<ref>{{cite web|url=http://unbisnet.un.org:8080/ipac20/ipac.jsp?session=14O243550E15G.60956&profile=voting&uri=full=3100023~!909326~!676&ri=1&aspect=power&menu=search&source=~!horizon|title=A/RES/217(III)|department=UNBISNET|publisher=United Nations|access-date=24 May 2015|archive-date=21 January 2019|archive-url=https://web.archive.org/web/20190121232151/http://unbisnet.un.org:8080/ipac20/ipac.jsp?session=14O243550E15G.60956&profile=voting&uri=full=3100023~!909326~!676&ri=1&aspect=power&menu=search&source=~!horizon|url-status=dead}}</ref> |
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==History== |
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[[Image:Cyrus cilinder.jpg|right|thumb|220px|The [[Cyrus Cylinder]] is considered the first recorded [[declaration of human rights]] in history.]] |
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A foundational text in the [[History of human rights|history of human and civil rights]], the Declaration consists of 30 articles detailing an individual's "basic [[rights]] and fundamental freedoms" and affirming their universal character as inherent, inalienable, and applicable to all human beings.<ref name=":0" /> Adopted as a "common standard of achievement for all peoples and all nations", the UDHR commits nations to recognize all humans as being "born free and equal in dignity and rights" regardless of "nationality, place of residence, sex, national or ethnic origin, colour, religion, language, or any other status".<ref>[https://www.un.org/en/udhrbook/pdf/udhr_booklet_en_web.pdf UDHR Booklet], Art. 2.</ref> |
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===Precursors=== |
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{{main|History of human rights}} |
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The Declaration is generally considered to be a milestone document for its universalist language, which makes no reference to a particular culture, political system, or religion.<ref>{{cite web |title=The Universal Declaration of Human Rights vs. the US Constitution: What You Need to Know |url=https://usidhr.org/the-universal-declaration-of-human |website=USIDHR |access-date=4 September 2024}}</ref><ref>{{Cite news|title=Universal Declaration of Human Rights|url=https://www.amnesty.org/en/what-we-do/universal-declaration-of-human-rights/|access-date=20 August 2020|publisher=Amnesty International|language=en}}</ref><ref name="blogs.lse.ac.uk">{{Cite web |first=Dania |last=Akkad |date=10 December 2012 |title=Human Rights: The Universal Declaration vs The Cairo Declaration|url=https://blogs.lse.ac.uk/mec/2012/12/10/1569/|access-date=20 August 2020|publisher=Middle East Centre, London School of Economics}}</ref> It directly inspired the development of [[international human rights law]], and was the first step in the formulation of the [[International Bill of Human Rights]], which was completed in 1966 and came into force in 1976. Although [[Non-binding resolution|not legally binding]], the contents of the UDHR have been elaborated and incorporated into subsequent [[Treaty|international treaties]], regional [[human rights]] instruments, and national [[constitution]]s and legal codes.<ref>{{Cite web|title=Protection of Human Rights under Universal International Law|url=https://www.un.org/en/chronicle/article/protection-human-rights-under-universal-international-law|access-date=25 June 2021|publisher=United Nations}}</ref><ref>{{Cite web|title=Declaration on Human Rights Defenders |url=https://www.ohchr.org/en/issues/srhrdefenders/pages/declaration.aspx|access-date=25 June 2021|publisher=Office of the United Nations High Commissioner for Human Rights}}</ref><ref>{{Cite web|title=70 Years of Impact: Insights on the Universal Declaration of Human Rights|url=https://unfoundation.org/blog/post/70-years-of-impact-insights-on-the-universal-declaration-of-human-rights/|access-date=25 June 2021|publisher=United Nations Foundation|date=5 December 2018}}</ref> |
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The ideas and values of human rights can be traced through history to ancient times and in religious beliefs and cultures around the world. The first recorded declaration of human rights in history is the [[Cyrus cylinder]], written by [[Cyrus the Great]], king of [[Persia]] (present day [[Iran]]) around the year 539 BCE. European philosophers of the [[Age of Enlightenment|enlightenment]] period developed theories of natural law that influenced the adoption of documents such as the [[Bill of Rights 1689|Bill of Rights]] of England, the [[United States Bill of Rights|Bill of Rights]] in the United States, and the [[Declaration of the Rights of Man and of the Citizen]] in France. |
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All 193 member states of the United Nations have ratified at least one of the nine binding treaties influenced by the Declaration, with the vast majority ratifying four or more.<ref name=":0" /> While there is a wide consensus that the declaration itself is non-binding and not part of [[customary international law]], there is also a [[Consensus decision-making|consensus]] in most countries that many of its provisions are part of [[customary law]],<ref>Henry J Steiner and Philip Alston, ''International Human Rights in Context: Law, Politics, Morals'' (2nd ed.), Oxford: [[Oxford University Press]], 2000.</ref><ref>{{ill|Hurst Hannum|eu}}, [https://cdn2.sph.harvard.edu/wp-content/uploads/sites/13/2014/04/16-Hannum.pdf ''The universal declaration of human rights in National and International Law''], p. 145</ref> although courts in some nations have been more restrictive on its legal effect.<ref>{{Cite news|last=Posner|first=Eric|date=4 December 2014|title=The case against human rights |author-link=Eric Posner|language=en-GB|work=The Guardian|url=https://www.theguardian.com/news/2014/dec/04/-sp-case-against-human-rights|access-date=22 January 2020|issn=0261-3077}}</ref><ref name=":1">''Sosa v. Alvarez-Machain'', 542 U.S. 692, 734 (2004).</ref> Nevertheless, the UDHR has influenced legal, political, and social developments on both the global and national levels, with its significance partly evidenced by its 530 translations.<ref>{{Cite web|title=Universal Declaration of Human Rights Main|publisher=Office of the United Nations High Commissioner for Human Rights|url=https://www.ohchr.org/EN/UDHR/Pages/UDHRIndex.aspx}}</ref> |
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During [[the Second World War]] the allies adopted the [[Four Freedoms]]: freedom of speech, freedom of assembly, freedom from fear and freedom from want, as their basic war aims. The [[United Nations Charter]] "reaffirmed faith in fundamental human rights, and dignity and worth of the human person" and committed all member states to promote "universal respect for, and observance of, human rights and fundamental freedoms for all without distinction as to race, sex, language, or religion".<ref>United Nations Charter, preamble and article 56</ref> |
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== Structure and content == |
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When the atrocities committed by [[Nazi Germany]] became apparent after the Second World War, the consensus within the world community was that the [[United Nations Charter]] did not sufficiently define the rights it referenced.<ref>[http://www.udhr.org/history/overview.htm#Cataclysm%20and%20World%20Response Overview<!-- Bot generated title -->]</ref><ref>[http://www.udhr.org/Introduction/question4.htm UDHR50: Didn't Nazi tyranny end all hope for protecting human rights in the modern world?<!-- Bot generated title -->]</ref> A universal declaration that specified the rights of individuals was necessary to give effect to the Charter's provisions on human rights.<ref>[http://www.universalrights.net/main/creation.htm UDHR - History of human rights<!-- Bot generated title -->]</ref> |
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The underlying structure of the Universal Declaration was influenced by the ''[[Napoleonic Code|Code Napoléon]]'', including a [[preamble]] and introductory general principles.<ref>{{harvnb|Glendon|2002|pp=62–64}}.</ref> Its final structure took form in the second draft prepared by French jurist [[René Cassin]], who worked on the initial draft prepared by Canadian legal scholar [[John Peters Humphrey]]. |
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The Declaration consists of the following: |
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===Drafting=== |
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* The preamble sets out the historical and social causes that led to the necessity of drafting the Declaration. |
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{{main|Drafting of the Universal Declaration of Human Rights}} |
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* Articles 1–2 establish the basic concepts of dignity, liberty, and equality. |
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* Articles 3–5 establish other individual rights, such as the [[right to life]] and the prohibition of [[slavery]] and [[torture]]. |
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* Articles 6–11 refer to the fundamental legality of human rights with specific remedies cited for their defence when violated. |
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* Articles 12–17 set forth the rights of the individual towards the community, including [[freedom of movement]] and [[freedom of residence|residence]] within each state, the right of [[property]], the right to a [[nationality]] and [[right to asylum]]. |
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* Articles 18–21 sanction the so-called "constitutional liberties" and spiritual, public, and political freedoms, such as [[freedom of thought]], opinion, expression, [[freedom of religion|religion]] and [[conscience]], word, [[freedom of association|peaceful association]] of the individual, and receiving and imparting information and ideas through any media. |
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* Articles 22–27 sanction an individual's economic, social and cultural rights, including [[Right to health#Universal Declaration of Human Rights (1948)|healthcare]]. It upholds an expansive [[right to an adequate standard of living]], and makes special mention of care given to those in motherhood or childhood. |
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* Articles 28–30 establish the general means of exercising these rights, the areas in which the rights of the individual cannot be applied, the duty of the individual to society, and the prohibition of the use of rights in contravention of the purposes of the United Nations Organization.<ref>{{harvnb|Glendon|2002}}, Chapter 10.</ref> |
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Cassin compared the Declaration to the [[portico]] of a Greek temple, with a foundation, steps, four columns, and a [[pediment]].<ref name=":9">{{Cite web|title=OHCHR {{!}} Universal Declaration of Human Rights at 70: 30 Articles on 30 Articles – Article 28|url=https://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=23997&LangID=E|access-date=14 September 2020|website=www.ohchr.org|language=en-US}}</ref> Articles 1 and 2—with their principles of dignity, liberty, equality and brotherhood—served as the foundation blocks. The seven paragraphs of the preamble, setting out the reasons for the Declaration, represent the steps leading up to the temple. The main body of the Declaration forms the four columns. The first column (articles 3–11) constitutes rights of the individual, such as the right to life and the prohibition of slavery. The second column (articles 12–17) constitutes the rights of the individual in civil and political society. The third column (articles 18–21) is concerned with spiritual, public, and political freedoms, such as freedom of religion and freedom of association. The fourth column (articles 22–27) sets out social, economic, and cultural rights. Finally, the last three articles provide the pediment which binds the structure together, as they emphasize the mutual duties of every individual to one another and to society.<ref name=":9" /> |
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== History == |
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Canadian [[John Peters Humphrey]] was called upon by the [[United Nations Secretary-General]] to work on the project and became the Declaration's principal drafter. At the time Humphrey was newly appointed as Director of the Division of Human Rights within the United Nations Secretariat.<ref>Johannes Morsink, The Universal Declaration of Human Rights, University of Pennsylvania Press, p 5</ref> The Commission on Human Rights, a standing body of the United Nations, was constituted to undertake the work of preparing what was initially conceived as an International Bill of Rights. The membership of the Commission was designed to be broadly representative of the global community with representatives of the following countries serving: Australia, Belgium, [[Byelorussian Soviet Socialist Republic]], [[Chile]], China, [[Egypt]], France, India, [[Iran]], [[Lebanon]], [[Panama]], [[Philippines]], United Kingdom, United States, [[Union of Soviet Socialist Republics]], [[Uruguay]] and [[Yugoslavia]].<ref>Morsink, p 4</ref> Well known members of the Commission included [[Eleanor Roosevelt]] of the United States, who was Chairman, [[Jacques Maritain]] and [[René Cassin]] of France, [[Charles Malik]] of [[Lebanon]], and [[P. C. Chang]] of China,<ref>The Declaration was drafted during the [[Chinese Civil War]]. P.C. Chang was appointed as a representative by the [[Republic of China]], then recognised government of China, which was driven from [[mainland China]] and was later to become the government of [[Taiwan]] and nearby islands.</ref> among others. Humphrey provided the initial draft which became the working text of the Commission. |
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=== Background === |
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{{Main|History of human rights}} |
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{{Listen |
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| title = State of the Union (Four Freedoms) (6 January 1941) |
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| filename = FDR's 1941 State of the Union (Four Freedoms speech) Edit 1.ogg |
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| description = [[Franklin D. Roosevelt|Franklin Delano Roosevelt]]'s 6 January 1941 [[State of the Union address]] introducing the theme of the [[Four Freedoms]] (starting at 32:02) |
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| image = [[File:FDR in 1933.jpg|100px|frameless]] |
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}} |
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[[File:"Freedom from Fear" - NARA - 513538.jpg|thumb|upright=0.85|''[[Freedom from Fear (painting)|Freedom from Fear]]'' (Saturday, March 13, 1943)–from the ''Four Freedoms'' series by [[Norman Rockwell]]. The freedom from fear is mentioned in the preamble of the Declaration.<ref>United Nations, [https://www.un.org/en/about-us/universal-declaration-of-human-rights ''Universal Declarations of Human Rights'']</ref>]] |
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During [[World War II]], the [[Allies of World War II|Allies]]—known [[Declaration by United Nations|formally as the United Nations]]—adopted as their basic war aims the [[Four Freedoms]]: [[freedom of speech]], [[freedom of religion]], [[freedom from fear]], and [[freedom from want]].<ref name="speech">{{cite web|url=http://voicesofdemocracy.umd.edu/fdr-the-four-freedoms-speech-text/ |title=FDR, "The Four Freedoms," Speech Text | |publisher=Voicesofdemocracy.umd.edu |date=6 January 1941 |access-date=25 April 2018}}</ref><ref name="Bodnar, John 2010">Bodnar, John, The "Good War" in American Memory. (Maryland: [[Johns Hopkins University Press]], 2010) 11</ref> Towards the end of the war, the [[United Nations Charter]] was debated, drafted, and ratified to reaffirm "faith in [[Human rights|fundamental human rights]], and dignity and worth of the human person" and commit all member states to promote "universal respect for, and observance of, human rights and fundamental freedoms for all without distinction as to race, sex, language, or religion."<ref>{{cite web |url = https://www.un.org/en/documents/charter/chapter9.shtml |title = United Nations Charter, preamble and article 55 |publisher=United Nations |access-date=20 April 2013}}</ref> When the atrocities committed by [[Nazi Germany]] became fully apparent after the war, the consensus within the world community was that the [[United Nations|UN]] Charter did not sufficiently define the rights to which it referred.<ref>[http://www.udhr.org/history/overview.htm#Cataclysm%20and%20World%20Response Cataclysm and World Response] {{Webarchive|url=https://web.archive.org/web/20130120045717/http://www.udhr.org/history/overview.htm#Cataclysm%20and%20World%20Response |date=20 January 2013 }} in [http://www.udhr.org/history/overview.htm Drafting and Adoption : The Universal Declaration of Human Rights] {{Webarchive|url=https://web.archive.org/web/20130120045717/http://www.udhr.org/history/overview.htm |date=20 January 2013 }}, [http://www.udhr.org udhr.org] {{Webarchive|url=https://web.archive.org/web/20190927155113/http://www.udhr.org/history/overview.htm |date=2019-09-27 }}.</ref><ref>{{cite web |url=http://www.udhr.org/Introduction/question4.htm |title=UDHR50: Didn't Nazi tyranny end all hope for protecting human rights in the modern world? |publisher=Udhr.org |date=28 August 1998 |access-date=7 July 2012 |archive-url=https://archive.today/20120525091118/http://www.udhr.org/history/overview.htm |archive-date=25 May 2012 |url-status=dead }}</ref> It was deemed necessary to create a universal declaration that specified the rights of individuals so as to give effect to the Charter's provisions on [[human rights]].<ref>{{cite web |url=http://www.universalrights.net/main/creation.htm |title=UDHR – History of human rights |publisher=Universalrights.net |access-date=7 July 2012}}</ref> |
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According to ''Globalizing Family Values'', the Declaration's pro-family phrases were the result of the [[Christian Democratic]] movement's influence on Cassin and Malik.<ref>Carlson, Allan (12 January 2004. [http://www.profam.org/docs/acc/thc.acc.globalizing.040112.htm Globalizing Family Values].</ref> |
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=== The drafting committee === |
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===Adoption=== |
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The Universal Declaration was adopted by the General Assembly on 10 December 1948 by a vote of 48 in favour, 0 against, with 8 abstentions (all Soviet Bloc states [i.e., Byelorussia, Czechoslovakia, Poland, Ukraine, The USSR and Yugoslavia], South Africa and Saudi Arabia).<ref>See http://www.unac.org/rights/question.html under "Who are the signatories of the Declaration?"</ref> |
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In June 1946, the [[UN Economic and Social Council|Economic and Social Council]] (ECOSOC)—a [[Organs of the United Nations|principal organ]] of the newly founded United Nations that is responsible for promoting human rights, created the [[United Nations Commission on Human Rights|Commission on Human Rights]] (CHR)—a standing body within the United Nations that was tasked with preparing what was initially conceived as an [[International Bill of Rights]].<ref name="morsink1999p4">{{harvnb|Morsink|1999|p=[https://books.google.com/books?id=w8OapwltI3YC&pg=PA4 4]}}</ref> It had 18 members from various national, religious, and political backgrounds, so as to be representative of humanity.<ref>{{Cite web|date=6 October 2015|title=History of the Document|url=https://www.un.org/en/sections/universal-declaration/history-document/index.html#:~:text=The%20Commission%20on%20Human%20Rights%20was%20made%20up%20of%2018,chaired%20the%20UDHR%20drafting%20committee.|access-date=13 September 2020|website=United Nations|language=en}}</ref> In February 1947, the Commission established a special [[Universal Declaration of Human Rights Drafting Committee]], chaired by [[Eleanor Roosevelt]] of the United States, to write the articles of the Declaration. Roosevelt, in her position, was key to the U.S. effort to encourage the General Assembly's adoption of a Universal Declaration of Human Rights.<ref>{{Cite web |title=Eleanor Roosevelt and the United Nations |url=https://live-bri-dos.pantheonsite.io/essays/eleanor-roosevelt-and-the-united-nations/ |access-date=2022-04-22 |website=Bill of Rights Institute |language=en}}</ref> The Committee met in two sessions over the course of two years{{Citation needed|date=July 2024}}. |
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The following countries voted in favour of the Declaration: Afghanistan, Argentina, Australia, Belgium, Bolivia, Brazil, Burma, Canada, Chile, China, Colombia, Costa Rica, Cuba, Denmark, the Dominican Republic, Ecuador, Egypt, El Salvador, Ethiopia, France, Greece, Guatemala, Haiti, Iceland, India, Iran, Iraq, Lebanon, Liberia, Luxembourg, Mexico, Netherlands, New Zealand, Nicaragua, Norway, Pakistan, Panama, Paraguay, Peru, Philippines, Thailand, Sweden, Syria, Turkey, United Kingdom, United States, Uruguay, Venezuela.<ref>Yearbook of the United Nations 1948-1949 p 535</ref> |
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Canadian [[John Peters Humphrey]], the newly appointed Director of the Division of Human Rights within the United Nations Secretariat, was called upon by the [[United Nations Secretary-General|UN Secretary-General]] to work on the project, becoming the Declaration's principal drafter.<ref>{{harvnb |Morsink |1999 |p=[https://books.google.com/books?id=w8OapwltI3YC&pg=PA5 5]}}</ref><ref>{{harvnb |Morsink |1999 |p=[https://books.google.com/books?id=w8OapwltI3YC&pg=PA133 133]}}</ref> Other prominent members of the Drafting Committee included Vice-Chairman [[P. C. Chang|P.C. Chang]] of the [[Republic of China (1912-1949)|Republic of China]], [[René Cassin]] of France; and its Committee Rapporteur [[Charles Malik]] of [[Lebanon]].<ref name="RoC rep">The Declaration was drafted during the [[Chinese Civil War]]. P.C. Chang was appointed as a representative by the [[Republic of China (1912–1949)|Republic of China]], then the recognised government of China, but which was driven from [[mainland China]] and now administers only [[Taiwan]] and nearby islands ([http://www.history.com/this-day-in-history/chinese-nationalists-move-capital-to-taiwan history.com]).</ref> A month after its creation, the Drafting Committee was expanded to include representatives of Australia, Chile, France, the Soviet Union, and the [[United Kingdom]], in addition to the inaugural members from [[China]], [[France]], [[Lebanon]], and the [[United States]].<ref name=":2"/> |
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Despite the central role played by Canadian John Humphrey, the Canadian Government at first abstained from voting on the Declaration's draft, but later voted in favour of the final draft in the General Assembly.<ref>{{cite journal|title=Canada and the Adoption of Universal Declaration of Human Rights|last=Schabas|first=William|journal=McGill Law Journal|pages=403|volume=43|date=1998|url=http://scholar.google.com/scholar?hl=en&lr=&q=info:bhD3YIk9aKUJ:scholar.google.com/&output=viewport|format=fee required}}</ref> |
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=== Creation and drafting === <!--Note: Linked from article's infobox--> |
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==Structure== |
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{{Main|Drafting of the Universal Declaration of Human Rights}} |
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The underlying structure of the Universal Declaration was introduced in its second draft which was prepared by [[Rene Cassin]]. Cassin worked from a first draft prepared by [[John Peters Humphrey]]. The structure was influenced by the Code Napoleon, including a preamble and introductory general principles.<ref>Glendon, pp 62-64</ref> Cassin compared the Declaration to the [[portico]] of a Greek temple, with a foundation, steps, four columns and a [[pediment]]. Articles 1 and 2 are the foundation blocks, with their principles of dignity, liberty, equality and brotherhood. The seven paragraphs of the preamble, setting out the reasons for the Declaration, are represented by the steps. The main body of the Declaration forms the four columns. The first column (articles 3-11) constitutes rights of the individual, such as the right to life and the prohibition of slavery. The second column (articles 12-17) constitutes the rights of the individual in civil and political society. The third column (articles 18-21) is concerned with spiritual, public and political freedoms such as freedom of religion and freedom of association. The fourth column (articles 22-27) sets out social, economic and cultural rights. In Cassin's model, the last three articles of the Declaration provide the pediment which binds the structure together. These articles are concerned with the duty of the individual to society and the prohibition of use of rights in contravention of the purposes of the United Nations.<ref>Mary Ann Glendon, A World Made New: Eleanor Roosevelt and the Universal Declaration of Human Rights, Chapter 10</ref> |
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Humphrey is credited with devising the "blueprint" for the Declaration, while Cassin composed the first draft.<ref name=":3">{{Cite web|date=6 October 2015|title=History of the Document|url=https://www.unsecretariat.net/en/sections/universal-declaration/history-document/index.html|access-date=5 April 2022|website=www.unsecretariat.net|language=en}}</ref> Both received considerable input from other members, each of whom reflected different professional and ideological backgrounds. The Declaration's pro-family phrases allegedly derived from Cassin and Malik, who were influenced by the [[Christian Democratic|Christian Democracy movement]];<ref>[[Allan C. Carlson|Carlson, Allan]]: [http://www.profam.org/docs/acc/thc.acc.globalizing.040112.htm Globalizing Family Values] {{Webarchive|url=https://archive.today/20120525091122/http://www.profam.org/docs/acc/thc.acc.globalizing.040112.htm |date=25 May 2012 }}, 12 January 2004.</ref> Malik, a Christian theologian, was known for appealing across religious lines, and cited the [[Summa Theologica]], and studied the different Christian sects.<ref name=":2">{{Cite web|last=Voinea|first=Nicoleta|title=Drafting of the Universal Declaration of Human Rights|url=https://research.un.org/en/undhr/draftingcommittee|access-date=13 September 2020|website=research.un.org}}</ref> Chang urged removing all references to religion to make the document more universal, and used aspects of Confucianism to settle stalemates in negotiations.<ref>Sumner Twiss, "[http://courses.nus.edu.sg/course/ellbaozm/Papers/Rosemont.pdf#page=68 Confucian Ethics, Concept-Clusters, and Human Rights ,"] in Henry Rosemont, Marthe Chandler and Ronnie Littlejohn. ''Polishing the Chinese Mirror : Essays in Honor of Henry Rosemont, Jr.'' (New York: Global Scholarly Publications, Acpa Series of Chinese and Comparative Philosophy, 2008). {{ISBN|9781592670833}} p. 60-65.</ref> [[Hernán Santa Cruz]] of Chile, an educator and judge, strongly supported the inclusion of socioeconomic rights, which had been opposed by some Western nations.<ref name=":2" /> The members agreed that the philosophical debate centered between the opposing opinions of Chang and Malik, with Malik later singling out Chang when thanking the members, saying that there were too many to mention, but Chang's ideas impacted his own opinions in the making of the draft.<ref>{{Cite web|url=https://thenaturalfamily.org/wp-content/uploads/2021/03/TNF-2018-32.3-4.pdf|title=Natural-The Natural Family}}</ref><ref>A. J. Hobbins, ed., On the Edge of Greatness: The Diaries of John Humphrey, First Director of the United Nations Division of Human Rights (Montreal: McGill University Press, 1984), 1:174</ref><ref>{{Cite book|last=Roth|first=Hans Ingvar|title=P. C. Chang and the Universal Declaration of Human Rights|url=https://books.google.com/books?id=NM9tDwAAQBAJ&dq=chang+vs+malik&pg=PA177|page=177|publisher=University of Pennsylvania Press|date=September 2018|isbn=9780812295474}}</ref> |
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==Preamble== |
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In her memoirs, Roosevelt commented on the debates and discussions that informed the UDHR, describing one such exchange during the Drafting Committee's first session in June 1947:<blockquote>Dr. Chang was a pluralist and held forth in charming fashion on the proposition that there is more than one kind of ultimate reality. The Declaration, he said, should reflect more than simply Western ideas and Dr. Humphrey would have to be eclectic in his approach. His remark, though addressed to Dr. Humphrey, was really directed at Dr. Malik, from whom it drew a prompt retort as he expounded at some length the philosophy of [[Thomas Aquinas]]. Dr. Humphrey joined enthusiastically in the discussion, and I remember that at one point Dr. Chang suggested that the Secretariat might well spend a few months studying the fundamentals of Confucianism!<ref name=":2" /></blockquote> |
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The Universal Declaration begins with a preamble consisting of seven paragraphs followed by a statement "proclaiming" the Declaration. |
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In May 1948, roughly a year after its creation, the Drafting Committee held its second and final session, where it considered the comments and suggestions of member states and international bodies, principally the United Nations Conference on Freedom of Information, which took place the prior March and April; the Commission on the Status of Women, a body within ECOSOC that reported on the state of women's rights worldwide; and the Ninth International Conference of American States, held in Bogota, Colombia from March to May 1948, which adopted the South American-based [[American Declaration of the Rights and Duties of Man]], the world's first general [[International human rights instruments|international human rights instrument]].<ref name=":4">{{Cite web|last=Voinea|first=Nicoleta|title=Second Session - Universal Declaration of Human Rights (1948), Drafting History |url=https://research.un.org/en/undhr/draftingcommittee/2|access-date=13 September 2020|website=UN Research Guides}}</ref> Delegates and consultants from several United Nations bodies, international organizations, and nongovernmental organizations also attended and submitted suggestions.<ref>{{Cite web|title=E/CN.4/95 |date=21 May 1948 |url=http://undocs.org/E/CN.4/95|access-date=13 September 2020|website=undocs.org }}</ref> It was also hoped that an International Bill of Human Rights with legal force could be drafted and submitted for adoption alongside the Declaration.<ref name=":4" /> |
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=== The final draft === |
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Each paragraph of the preamble sets out a reason for the adoption of the Declaration. The first paragraph asserts that the recognition of human dignity of all people is the foundation of justice and peace in the world. The second paragraph observes that disregard and contempt for human rights have resulted in barbarous acts which have outraged the conscience of mankind and that the [[four freedoms]]: freedom of speech, belief, freedom from want, and freedom from fear - which is "proclaimed as the highest aspiration" of the people. The third paragraph states that so that people are not compelled to rebellion against tyranny, human rights should be protected by rule of law. The fourth paragraph relates human rights to the development of friendly relations between nations. The fifth paragraph links the Declaration back to the United Nations Charter which reaffirms faith in fundamental human rights and dignity and worth of the human person. The sixth paragraph notes that all members of the United Nations have pledged themselves to achieve, in cooperation with the United Nations, the promotion of universal respect for and observance of human rights and fundamental freedoms. The seventh paragraph observes that "a common understanding" of rights and freedoms is of "the greatest importance" for the full realization of that pledge.<ref>Universal Declaration of Human Rights, preamble</ref> |
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Upon the session's conclusion on 21 May 1948, the Committee submitted to the Commission on Human Rights a redrafted text of the "International Declaration of Human Rights" and the "International Covenant of Human Rights," which together would form an International Bill of Rights.<ref name=":4" /> The redrafted Declaration was further examined and discussed by the Commission on Human Rights in its third session in Geneva 21 May through 18 June 1948.<ref>{{Cite web|last=Voinea|first=Nicoleta|title=Third Session - Universal Declaration of Human Rights (1948), Drafting History |url=https://research.un.org/en/undhr/chr/3|access-date=13 September 2020|website=UN Research Guides}}</ref> The so-called "Geneva text" was circulated among member states and subject to several proposed amendments; for example, [[Hansa Jivraj Mehta|Hansa Mehta]] of India notably suggested that the Declaration assert that "all human beings are created equal," instead of "all men are created equal," to better reflect gender equality.<ref>Jain, Devaki (2005). ''Women, Development and the UN''. Bloomington: [[Indiana University Press]]. p. 20</ref> |
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These paragraphs are followed by the "proclamation" of the Declaration as a "common standard of achievement" for "all peoples and all nations", so that "all individuals" and "all organs of society" should by teaching and education, promote respect for these rights and freedoms and by progressive measures, national and international, secure their universal and effective recognition and observance.<ref>Universal Declaration of Human Rights, preamble</ref> |
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[[Charles Theodore Te Water]] of South Africa fought very hard to have the word dignity removed from the declaration, saying that "dignity had no universal standard and that it was not a 'right'."{{sfn|Holkebeer|2004|p=163}} Te Water believed—correctly, as it turned out—that listing human dignity as a human right would lead to criticism of the ''apartheid'' system that had just been introduced by the new National Party government of South Africa.{{sfn|Holkebeer|2004|p=163}} Malik in response stated that Prime Minister [[Jan Smuts]] of South Africa had played an important role in drafting the United Nations Charter in 1945, and it was Smuts who inserted the word dignity as a human right into the charter.{{sfn|Holkebeer|2004|p=163}} Despite te Water's efforts, the word dignity was included in the declaration as a human right.{{sfn|Holkebeer|2004|p=163}} |
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==Human rights set out in the Declaration== |
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The following reproduces the articles of the Declaration which set out the specific [[human rights]] that are recognized in the Declaration. |
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; Article 1 : All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood. |
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; Article 2 : Everyone is entitled to all the rights and freedoms set forth in this Declaration, [[discrimination|without distinction of any kind]], such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. Furthermore, no distinction shall be made on the basis of the political, jurisdictional or international status of the country or territory to which a person belongs, whether it be independent, trust, non-self-governing or under any other limitation of sovereignty. |
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; Article 3 : Everyone has the right to life, liberty, and [[security of person]]. |
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; Article 4 : No one shall be held in slavery or servitude; [[slavery]] and the [[slave trade]] shall be prohibited in all their forms. |
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; Article 5 : No one shall be subjected to [[torture]] or to cruel, inhuman, or degrading treatment or punishment. |
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; Article 6 : Everyone has the right to recognition everywhere as a person before the law. |
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; Article 7 : All are equal before the law and are entitled without any [[discrimination]] to equal protection of the law. All are entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination. |
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; Article 8 : Everyone has the right to an effective remedy by the competent national tribunals for acts violating the [[fundamental right]]s granted him by the constitution or by law. |
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; Article 9 : No one shall be subjected to arbitrary [[arrest]], [[detention]] or [[exile]]. |
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; Article 10 : Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of his rights and obligations and of any criminal charge against him. |
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;Article 11 |
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#Everyone charged with a penal offence has the right to be [[Presumption of innocence|presumed innocent]] until proved guilty according to law in a public trial at which he has had all the guarantees necessary for his defence. |
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#No one shall be held guilty of any penal offence on account of any act or omission which did not constitute a penal offence, under national or international law, at the time when it was committed. Nor shall a heavier penalty be imposed than the one that was applicable at the time the penal offence was committed. |
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; Article 12 : No one shall be subjected to arbitrary interference with his [[privacy]], family, home or correspondence, nor to attacks upon his honour and reputation. Everyone has the right to the protection of the law against such interference or attacks. |
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; Article 13 : |
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# Everyone has the right to [[freedom of movement]] and residence within the borders of each state. |
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# Everyone has the right to leave any country, including his own, and to return to his country. |
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; Article 14 : |
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# Everyone has the right to seek and to enjoy in other countries [[right to asylum|asylum]] from [[persecution]]. |
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# This right may not be invoked in the case of prosecutions genuinely arising from non-political crimes or from acts contrary to the purposes and principles of the United Nations. |
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; Article 15 : |
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# Everyone has the right to a [[nationality]]. |
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# No one shall be arbitrarily deprived of his nationality nor denied the right to change his nationality. |
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; Article 16 : |
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# Men and women of full age, without any limitation due to race, nationality or religion, have the right to marry and to found a family. They are entitled to equal rights as to marriage, during marriage and at its dissolution. |
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# Marriage shall be entered into only with the free and full consent of the intending spouses. |
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# The family is the natural and fundamental group unit of society and is entitled to protection by society and the State. |
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; Article 17 : |
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# Everyone has the right to own [[property]] alone as well as in association with others. |
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# No one shall be arbitrarily deprived of his property. |
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; Article 18 : Everyone has the right to [[freedom of thought]], [[freedom of conscience|conscience]] and [[freedom of religion|religion]]; this right includes freedom to change his religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship and observance. |
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; Article 19 : Everyone has the right to freedom of opinion and [[freedom of speech|expression]]; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers. |
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; Article 20 : |
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# Everyone has the right to [[freedom of association|freedom of peaceful assembly and association]]. |
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# No one may be compelled to belong to an association. |
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; Article 21 : |
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# Everyone has the right to take part in the government of his country, directly or through freely chosen representatives. |
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# Everyone has the right of equal access to public service in his country. |
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# The will of the people shall be the basis of the authority of government; this will shall be expressed in periodic and genuine elections which shall be by universal and equal suffrage and shall be held by secret vote or by equivalent free voting procedures. |
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; Article 22 : Everyone, as a member of society, has the right to [[social security]] and is entitled to realization, through national effort and international co-operation and in accordance with the organization and resources of each State, of the economic, social and cultural rights indispensable for his dignity and the free development of his personality. |
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; Article 23 : |
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# Everyone has the [[right to work]], to free choice of employment, to just and favourable conditions of work and to protection against unemployment. |
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# Everyone, without any discrimination, has the right to equal pay for equal work. |
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# Everyone who works has the right to just and favourable remuneration ensuring for himself and his family an existence worthy of human dignity, and supplemented, if necessary, by other means of social protection. |
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# Everyone has the right to form and to join trade unions for the protection of his interests. |
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; Article 24 : Everyone has the right to rest and leisure, including reasonable limitation of working hours and periodic holidays with pay. |
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; Article 25 : |
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# Everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control. |
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# Motherhood and childhood are entitled to special care and assistance. All children, whether born in or [[Illegitimacy|out of wedlock]], shall enjoy the same social protection. |
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; Article 26 : |
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# Everyone has the [[right to education]]. Education shall be free, at least in the elementary and fundamental stages. Elementary education shall be compulsory. Technical and professional education shall be made generally available and higher education shall be equally accessible to all on the basis of merit. |
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# Education shall be directed to the full development of the human personality and to the strengthening of respect for human rights and fundamental freedoms. It shall promote understanding, tolerance and friendship among all nations, racial or religious groups, and shall further the activities of the United Nations for the maintenance of peace. |
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# Parents have a prior right to choose the kind of education that shall be given to their children. |
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; Article 27 : |
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# Everyone has the right freely to participate in the cultural life of the community, to enjoy the arts and to share in scientific advancement and its benefits. |
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# Everyone has the right to the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he is the author. |
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; Article 28 : Everyone is entitled to a social and international order in which the rights and freedoms set forth in this Declaration can be fully realized. |
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; Article 29 : |
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# Everyone has duties to the community in which alone the free and full development of his personality is possible. |
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# In the exercise of his rights and freedoms, everyone shall be subject only to such limitations as are determined by law solely for the purpose of securing due recognition and respect for the rights and freedoms of others and of meeting the just requirements of morality, public order and the general welfare in a democratic society. |
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# These rights and freedoms may in no case be exercised contrary to the purposes and principles of the United Nations. |
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; Article 30 : Nothing in this Declaration may be interpreted as implying for any State, group or person any right to engage in any activity or to perform any act aimed at the destruction of any of the rights and freedoms set forth herein. |
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=== Approval === |
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==Commemoration: International Human Rights Day== |
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With a vote of 12 in favour, none opposed, and four abstaining, the CHR approved the proposed Declaration, though was unable to examine the contents and implementation of the proposed Covenant.<ref>{{Cite web|title=E/CN.4/SR.81 – E – E/CN.4/SR.81|url=http://undocs.org/en/E/CN.4/SR.81|access-date=13 September 2020|website=undocs.org}}</ref> The Commission forwarded the approved text of the Declaration, as well as the Covenant, to the [[United Nations Economic and Social Council|Economic and Social Council]] for its review and approval during its seventh session in July and August 1948.<ref name="Voinea">{{Cite web|last=Voinea|first=Nicoleta|title=Drafting of the Universal Declaration of Human Rights|url=https://research.un.org/en/undhr/ecosoc/7|access-date=13 September 2020|website=research.un.org}}</ref> The Council adopted Resolution 151(VII) of 26 August 1948, transmitting the draft International Declaration of Human Rights to the UN General Assembly.<ref name="Voinea"/> |
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The Third Committee of the [[United Nations General Assembly|General Assembly]], which convened from 30 September to 7 December 1948 during the [[third session of the United Nations General Assembly]], held 81 meetings concerning the draft Declaration, including debating and resolving 168 proposals for amendments by United Nations member states.<ref name=":5">{{Cite web|last=Voinea|first=Nicoleta|title=Drafting of the Universal Declaration of Human Rights|url=https://research.un.org/en/undhr/ga/thirdcommittee|access-date=13 September 2020|website=research.un.org}}</ref><ref>{{Cite web|url = http://research.un.org/en/undhr|title = Drafting of the Universal Declaration of Human Rights|access-date = 17 April 2015|website = Research Guides|publisher = United Nations. Dag Hammarskjöld Library}}</ref> On its 178th meeting on 6 December, the Third Committee adopted the Declaration with 29 votes in favour, none opposed and seven abstentions.<ref name=":5" /> The document was subsequently submitted to the wider General Assembly for its consideration on 9 and 10 December 1948. |
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=== Adoption === |
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The Universal Declaration was adopted by the [[United Nations General Assembly|General Assembly]] as [[United Nations General Assembly Resolution 217|UN Resolution A/RES/217(III)[A]]] on 10 December 1948 in the [[Palais de Chaillot]], Paris.<ref name=ParisDigest>{{Cite web |url= https://www.parisdigest.com/monument/palais-de-chaillot.htm|title= Palais de Chaillot. Chaillot museums. | year=2018 |publisher=Paris Digest |access-date=31 December 2018}}</ref><ref group="lower-alpha">United Nations headquarters in New York [[Headquarters of the United Nations|would not be complete until 1952]], after which it became the permanent seat of the General Assembly.</ref> Of the 58 United Nations members at the time,<ref>{{Cite web|url=https://www.un.org/en/sections/member-states/growth-united-nations-membership-1945-present/index.html|title=Growth in United Nations membership, 1945–present|website=United Nations|language=en|access-date=1 February 2018}}</ref> 48 voted in favour, none against, eight [[abstentions|abstained]],<ref name="ccnmtl-10">{{cite web |url = http://ccnmtl.columbia.edu/projects/mmt/udhr/udhr_general/drafting_history_10.html |title=default |access-date=12 July 2013 |author=CCNMTL |website = Center for New Media Teaching and Learning (CCNMTL) |publisher = [[Columbia University]]}}</ref><ref name="unac-qaa">{{cite web |url = http://www.unac.org/rights/question.html |archive-url = https://web.archive.org/web/20120912162219/http://www.unac.org/rights/question.html |archive-date=12 September 2012 |title=Questions and answers about the Universal Declaration of Human Rights |author=UNAC |publisher=United Nations Association in Canada (UNAC) |page=Who are the signatories of the Declaration?}}</ref> and [[Honduras]] and [[Yemen]] failed to vote or abstain.<ref name="tagesspiegel-menschenrechte">{{cite web |url=http://www.tagesspiegel.de/politik/international/menschenrechte-die-maechtigste-idee-der-welt/1392182.html |title=Menschenrechte: Die mächtigste Idee der Welt |access-date=12 July 2013 |author=Jost Müller-Neuhof |date=10 December 2008 |work=Der Tagesspiegel |language=de}}</ref> |
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Eleanor Roosevelt is credited with having been instrumental in mustering support for the Declaration's adoption, both in her native U.S. and across the world, owing to her ability to appeal to different and often opposing political blocs.<ref name="unfoundation.org">{{Cite web|date=5 December 2018|title=70 Years of Impact: Insights on the Universal Declaration of Human Rights|url=https://unfoundation.org/blog/post/70-years-of-impact-insights-on-the-universal-declaration-of-human-rights/|access-date=13 September 2020|website=unfoundation.org|language=en-US}}</ref> |
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The meeting record provides firsthand insight into the debate on the Declaration's adoption.<ref>{{cite web |url = http://www.un.org/en/ga/search/view_doc.asp?symbol=A/PV.183 |title=default |access-date=30 August 2017 |author=United Nations}}</ref> [[South Africa]]'s position can be seen as an attempt to protect [[Apartheid in South Africa|its system of apartheid]], which clearly violated several articles in the Declaration.<ref name="ccnmtl-10" /> [[Saudi Arabia]]'s abstention was prompted primarily by two of the Declaration's articles: [[Freedom of religion|Article 18]], which states that everyone has the right "to change his religion or belief", and Article 16, on equal marriage rights.<ref name="ccnmtl-10" /> The abstentions by the six communist nations were explained by their claim that the Declaration did not go far enough in condemning fascism and national-socialism.<ref name="danchin">{{cite web |url = http://ccnmtl.columbia.edu/projects/mmt/udhr/udhr_general/drafting_history_10.html|access-date=25 February 2015 |title=The Universal Declaration of Human Rights: Drafting History – 10. Plenary Session of the Third General Assembly Session |author=Peter Danchin}}</ref> However, [[Eleanor Roosevelt]] felt that the reason for the abstentions was Article 13, which provided the [[expatriation|right of citizens to leave their countries]].<ref>{{harvnb |Glendon |2002 |pp=169–170}}</ref> Other observers pin the Soviet bloc's opposition to the Declaration's "[[negative and positive rights|negative rights]]", such as provisions calling on governments not to violate certain civil and political rights.<ref name="unfoundation.org"/> |
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The [[British government|British]] delegation, while voting in favour of the Declaration, expressed frustration that the proposed document had moral obligations but lacked legal force;<ref>{{cite book|url=http://www.bl.uk/collection-items/universal-declaration-of-human-rights|title=Universal Declaration of Human Rights. Final authorized text|date=September 1952|publisher=The British Library|access-date=16 August 2015}}</ref> it would not be until 1976 that the [[International Covenant on Civil and Political Rights]] came into force, giving a legal status to most of the Declaration. |
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[[File:Universal declaration of human rights voters.svg|thumb|Voting in the plenary session:<br /> |
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Green countries: voted in favour;<br /> |
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Orange countries: abstained;<br /> |
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Black countries: failed to abstain or vote;<br /> |
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Grey countries: were not part of the UN at time of voting]] |
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The 48 countries that voted in favour of the Declaration are:<ref name=unyearbook1948>{{cite web|url=http://unyearbook.un.org/1948-49YUN/1948-49_P1_CH5.pdf |title=Yearbook of the United Nations 1948–1949 |page= 535 |access-date=24 July 2014 |url-status=dead |archive-url=https://web.archive.org/web/20130927221000/http://unyearbook.un.org/1948-49YUN/1948-49_P1_CH5.pdf |archive-date=27 September 2013 }}</ref> |
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{{Columns-list|colwidth=12em| |
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* {{flagdeco|Kingdom of Afghanistan}} [[Kingdom of Afghanistan|Afghanistan]] |
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* {{flagdeco|Argentina}} [[History of Argentina#Peronist years (1946–55)|Argentina]] |
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* {{flag|Australia}} |
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* {{flag|Belgium}} |
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* {{flagdeco|Bolivia}} [[History of Bolivia (1920–1964)#The sexenio (1946–52)|Bolivia]] |
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* {{flagdeco|Brazil|1889}} [[Brazilian Second Republic|Brazil]] |
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* {{flagdeco|Burma|1948}} [[Post-independence Burma, 1948–1962|Burma]] |
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* {{flagdeco|Canada|1921}} [[Canada]]{{ref label|a|a}}<!-- ref/note used here because ((refn}} with group=lower-alpha was used in the infobox, and is not expected to be displayed until the Notes section is encountered below --> |
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* {{flagdeco|Chile}} [[Presidential Republic (1925–1973)|Chile]] |
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* {{flagcountry|Republic of China (1912–1949)}} |
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* {{flagdeco|Colombia}} [[History of Colombia#The Republic: Liberal and Conservative Conflict|Colombia]] |
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* {{flagdeco|Costa Rica}} [[History of Costa Rica#Democracy|Costa Rica]] |
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* {{flagcountry|Republic of Cuba (1902–1959)}} |
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* {{flag|Denmark}} |
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* {{flagdeco|Dominican Republic}} [[History of the Dominican Republic#The era of Trujillo 1931–1961|Dominican Republic]] |
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* {{flag|Ecuador}} |
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* {{flagcountry|Kingdom of Egypt}} |
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* {{flagdeco|El Salvador}} [[History of El Salvador (1931–79)#Repression and reform under military rule|El Salvador]] |
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* {{flagcountry|Ethiopian Empire}} |
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* {{flagcountry|French Fourth Republic}} |
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* {{flagcountry|Kingdom of Greece}} |
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* {{flagdeco|Guatemala}} [[History of Guatemala#The "Ten Years of Spring"|Guatemala]] |
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* {{flagcountry|Republic of Haiti (1859–1957)}} |
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* {{flag|Iceland}} |
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* {{flagcountry|Dominion of India}} |
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* {{flagcountry|Pahlavi dynasty|1925}} |
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* {{flagcountry|Kingdom of Iraq}} |
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* {{flag|Lebanon}} |
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* {{flagdeco|Liberia}} [[History of Liberia#Americo-Liberian rule (1847–1980)|Liberia]] |
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* {{flag|Luxembourg}} |
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* {{flag|Mexico|1934}} |
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* {{flag|Netherlands}} |
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* {{flagcountry|Dominion of New Zealand}} |
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* {{flagdeco|Nicaragua}} [[History of Nicaragua#Somoza Dynasty (1936–1979)|Nicaragua]] |
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* {{flag|Norway}} |
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* {{flagcountry|Dominion of Pakistan}} |
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* {{flag|Panama}} |
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* {{flagdeco|Paraguay}} [[History of Paraguay#Morínigo, 1940–48|Paraguay]] |
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* {{flag|Peru}} |
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* {{flagdeco|Philippines|1936}} [[History of the Philippines (1946–65)|Philippines]] |
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* {{flagdeco|Thailand|1917}} [[Kingdom of Thailand|Siam]] |
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* {{flag|Sweden}} |
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* {{flagcountry|Syrian Republic}} |
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* {{flagdeco|Turkey}} [[Multi-party period of the Republic of Turkey|Turkey]] |
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* {{flag|United Kingdom}} |
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* {{flag|United States|1912}} |
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* {{flag|Uruguay}} |
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* {{flagcountry|United States of Venezuela|1930}} |
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}} |
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:{{small|a. {{note|a}}Despite the central role played by the Canadian John Peters Humphrey, the Canadian Government at first abstained from voting on the Declaration's draft, but later voted in favour of the final draft in the General Assembly.<ref>{{cite journal |title=Canada and the Adoption of Universal Declaration of Human Rights |last=Schabas |first=William |journal=McGill Law Journal |page=403 |volume=43 |year=1998 |url = http://www.lawjournal.mcgill.ca/userfiles/other/5890478-43.Schabas.pdf}}</ref>}} |
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Eight countries abstained:<ref name=unyearbook1948 /> |
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{{Columns-list|colwidth=12em| |
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* {{flagcountry|Czechoslovak Socialist Republic}} |
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* {{flagcountry|Polish People's Republic|1928}} |
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* {{flag|Saudi Arabia|1938}} |
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* {{flag|Soviet Union|1936}} |
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* {{flag|Byelorussian SSR|1937}} |
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* {{flag|Ukrainian SSR|1937}} |
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* {{flagcountry|Union of South Africa}} |
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* {{flag|Yugoslavia}} |
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}} |
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Two countries did not vote: |
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* {{flag|Honduras}} |
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* {{flagcountry|Mutawakkilite Kingdom of Yemen}} |
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[[Member states of the United Nations|Current UN member states]], particularly in Africa gained sovereignty later, or in Europe and the Pacific were under administration due to the recently concluded [[World War II]], joining the organization later, which accounts for the comparatively smaller number of states who participated in the historic vote.<ref>{{cite web|title=OHCHR – Human Rights in the World|url=http://www.ohchr.org/EN/Countries/Pages/HumanRightsintheWorld.aspx|website=www.ohchr.org}}</ref> |
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=== International Human Rights Day === |
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{{main|Human Rights Day}} |
{{main|Human Rights Day}} |
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[[File:Commemorating Human Rights Day 2016 (31513370855).jpg|thumb|right|Former Foreign Office minister [[Baroness Anelay]] speaking at the Commemorating Human Rights Day event in London, 8 December 2016]] |
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10 December, the anniversary of the adoption of the Universal Declaration, is celebrated annually as [[Human Rights Day|World Human Rights Day]] or International Human Rights Day. The commemoration is observed by individuals, community and religious groups, human rights organizations, parliaments, governments, and the [[United Nations]]. [[Decade|Decadal]] commemorations are often accompanied by campaigns to promote awareness of the Declaration and of human rights in general. 2008 marked the 60th anniversary of the Declaration, and was accompanied by year-long activities around the theme "Dignity and justice for all of us".<ref name="udhr60">{{cite web |url = https://www.un.org/events/humanrights/udhr60/ |title=The Universal Declaration of Human Rights: 1948–2008 |publisher=[[United Nations]] |access-date=15 February 2011}}</ref> Likewise, the 70th anniversary in 2018 was marked by the global ''#StandUpForHumanRights'' campaign, which targeted youth.<ref>{{Cite web|title=Human Rights Day|url=https://www.un.org/en/observances/human-rights-day|access-date=13 September 2020|publisher=United Nations|language=en}}</ref> |
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== Impact == |
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The adoption of the Universal Declaration is a significant international commemoration marked each year on 10 December and is known as [[Human Rights Day]] or International Human Rights Day. The commemoration is observed by individuals, community and religious groups, human rights organisations, parliaments, governments and the United Nations. Decadal commemorations are often accompanied by campaigns to promote awareness of the Declaration and human rights. 2008 marks the 60th anniversary of the Declaration and is being accompanied by year long activities around the theme "Dignity and justice for all of us".<ref>[http://www.un.org/events/humanrights/2007/ UDHR 60th Anniversary Activities]</ref> |
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=== Significance === |
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At the time of the Declaration's adoption by the General Assembly in 1948, Eleanor Roosevelt said:<ref>Quoted in Hurst Hannum,[https://digitalcommons.law.uga.edu/gjicl/vol25/iss1/ "The Status Of The Universal Declaration Of Human Rights In National And International Law"], ''Georgia Journal of International and Comparative Law'', Volume 25, Number 1 (1996), p. 318.</ref> |
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{{quote|In giving our approval to the declaration today, it is of primary importance that we keep clearly in mind the basic character of the document. It is not a treaty; it is not an international agreement. It is not and does not purport to be a statement of law or of legal obligation. It is a declaration of basic principles of human rights and freedoms, to be stamped with the approval of the General Assembly by formal vote of its members, and to serve as a common standard of achievement for all peoples of all nations.}} |
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==Significance and Legal Effect== |
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===Significance=== |
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In the preamble governments commit themselves and their peoples to progressive measures to secure the universal and effective recognition and observance of the [[human rights]] set out in the Declaration. Eleanor Roosevelt supported the adoption the UDHR as a declaration, rather than as a treaty, because she believed that it would have the same kind of influence on global society as the United States Declaration of Independence had within the United States. In this she proved to be correct. Even though not formally legally binding, the Declaration has been adopted in or influenced most national constitutions since 1948. It also serves as the foundation for a growing number of international treaties and national laws and international, regional, national and sub-national institutions protecting and promoting human rights. |
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The UDHR is considered groundbreaking for providing a comprehensive and universal set of principles in a secular, apolitical document that explicitly transcends cultures, religions, legal systems, and political ideologies.<ref name="blogs.lse.ac.uk" /> Its claim to universality has been described as "boundlessly idealistic" and the "most ambitious feature".<ref>{{Cite news|title=Boundlessly Idealistic, Universal Declaration Of Human Rights Is Still Resisted|url=https://www.npr.org/2018/12/10/675210421/its-human-rights-day-however-its-not-universally-accepted|access-date=20 August 2020|website=NPR|language=en}}</ref> |
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===Legal Effect=== |
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While not a treaty itself, the Declaration was explicitly adopted for the purpose of defining the meaning of the words "fundamental freedoms" and "human rights" appearing in the United Nations Charter, which is binding on all member states. For this reason the Universal Declaration is a fundamental constitutive document of the United Nations. Many international lawyers, in addition, believe that the Declaration forms part of [[customary international law]] and 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 advised that it "constitutes an obligation for the members of the international community" to all persons. The declaration has served as the foundation for two binding UN human rights covenants, the [[International Covenant on Civil and Political Rights]], and the [[International Covenant on Economic, Social and Cultural Rights]] and the principles of the Declaration are elaborated in international treaties such as the International Convention on the Elimination of All Forms of Racial Discrimination, the International Convention on the Elimination of Discrimination Against Women, the United Nations Convention on the Rights of the Child, the United Nations Convention Against Torture and many more. The Declaration continues to be widely cited by governments, academics, advocates and constitutional courts and individual human beings who appeal to its principles for the protection of their recognised human rights. |
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The Declaration was officially adopted as a bilingual document in [[English language|English]] and [[French language|French]], with official translations in [[Chinese language|Chinese]], [[Russian language|Russian]] and [[Spanish language|Spanish]], all of which are [[Official languages of the United Nations|official working languages of the UN]].<ref>{{cite web|title=A/RES/217(III)|url=http://unbisnet.un.org:8080/ipac20/ipac.jsp?session=14O243550E15G.60956&profile=voting&uri=full=3100023~!909326~!676&ri=1&aspect=power&menu=search&source=~!horizon|publisher=UNBISNET|access-date=13 June 2017|archive-date=21 January 2019|archive-url=https://web.archive.org/web/20190121232151/http://unbisnet.un.org:8080/ipac20/ipac.jsp?session=14O243550E15G.60956&profile=voting&uri=full=3100023~!909326~!676&ri=1&aspect=power&menu=search&source=~!horizon|url-status=dead}}</ref> Due to its inherently universalist nature, the United Nations has made a concerted effort to translate the document into as many languages as possible, in collaboration with private and public entities and individuals.<ref>{{Cite web|title=About the Universal Declaration of Human Rights Translation Project|url=https://www.ohchr.org/EN/UDHR/Pages/Introduction.aspx|access-date=13 September 2020|publisher=Office of the United Nations High Commissioner for Human Rights}}</ref> In 1999, the ''[[Guinness Book of Records]]'' described the Declaration as the world's "Most Translated Document", with 298 translations; the record was once again certified a decade later when the text reached 370 different languages and dialects.<ref>{{Cite web|url=https://www.guinnessworldrecords.com/world-records/most-translated-document|title=Most translated document|website=Guinness World Records}}</ref><ref>{{cite web |url=http://www.ohchr.org/EN/UDHR/pages/WorldRecord.aspx |title=Universal Declaration of Human Rights |publisher=United Nations Office of the High Commissioner for Human Rights}}</ref> The UDHR achieved a milestone of over 500 translations in 2016, and as of 2024, has been translated into 562 languages,<ref>{{Cite web |title=About the Universal Declaration of Human Rights Translation Project |url=https://www.ohchr.org/en/human-rights/universal-declaration/universal-declaration-human-rights/about-universal-declaration-human-rights-translation-project |access-date=26 October 2023 |website=Office of the United Nations High Commissioner for Human Rights }}</ref><ref>{{Cite web|title=World Record|url=https://www.ohchr.org/EN/UDHR/Pages/WorldRecord.aspx|website=Office of the United Nations High Commissioner for Human Rights}}</ref> remaining the most translated document.<ref>{{Cite web|title=Most translated document|url=https://www.guinnessworldrecords.com/world-records/most-translated-document|access-date=13 September 2020|website=Guinness World Records|language=en-GB}}</ref> |
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==Reaction== |
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===Praise=== |
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The Universal Declaration has received praise from a number of notable people. [[Charles Malik]], [[Lebanon|Lebanese]] philosopher and diplomat, called it "an international document of the first order of importance,"<ref>[http://www.un.org/law/AVLpilotproject/udhr_audio.html Statement by Charles Malik as Representative of Lebanon to the Third Committee of the UN General Assembly on the Universal Declaration, 6 November 1948]</ref> while [[Eleanor Roosevelt]], first chairwoman of the [[Commission on Human Rights]] (CHR) that drafted the Declaration, stated that it "may well become the international [[Magna Carta]] of all men everywhere."<ref>[http://www.americanrhetoric.com/speeches/eleanorrooseveltdeclarationhumanrights.htm Eleanor Roosevelt: Address to the United Nations General Assembly]</ref> 10 December 1948. In a speech on 5 October 1995, Pope [[John Paul II]] called the UDHR "one of the highest expressions of the human [[conscience]] of our time".{{fact|date=December 2008}} And in a statement on 10 December 2003 on behalf of the [[European Union]], [[Marcello Spatafora]] said that "it placed human rights at the centre of the framework of principles and obligations shaping relations within the [[international community]]."{{fact|date=December 2008}} |
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In its preamble, governments commit themselves and their people to progressive measures that secure the universal and effective recognition and observance of the human rights set out in the Declaration. [[Eleanor Roosevelt]] supported the adoption of the text as a declaration, rather than as a treaty, because she believed that it would have the same kind of influence on global society as the [[United States Declaration of Independence]] had within the United States.{{cn|date=August 2024}} Even though it is not legally binding, the Declaration has been incorporated into or influenced most national constitutions since 1948. It has also served as the foundation for a growing number of national laws, international laws, and treaties, as well as for a growing number of regional, subnational, and national institutions protecting and promoting human rights. These kinds of measures focus on some principles that regard every culture/community especially when martial status take place or inheritance. In other words, every culture has its own norms and every individual is allowed to practice them unless he/she use them as a source of power. |
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=== Criticism === |
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==== Islamic criticism ==== |
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Predominantly [[Islamic]] countries such as [[Sudan]], [[Pakistan]], [[Iran]], and [[Saudi Arabia]] have criticized the Universal Declaration of Human Rights for its perceived failure to take into the account the cultural and religious context of [[Muslim world|Islamic countries]].{{Fact|date=August 2008}} In 1982, the Iranian representative to the [[United Nations]], Said Rajaie-Khorassani, articulated the position of his country regarding the Universal Declaration of Human Rights, by saying that the UDHR was "a [[Secularism|secular]] understanding of the [[Judeo-Christian]] tradition", which could not be implemented by Muslims without trespassing the [[Sharia|Islamic law]].<ref name="Littman1999">Littman, David. "Universal Human Rights and Human Rights in Islam". ''Midstream'', February/March 1999 http://web.archive.org/web/20060501234759/http://mypage.bluewin.ch/ameland/Islam.html</ref> On 30 June 2000, Muslim nations that are members of the [[Organization of the Islamic Conference]]<ref name="OIC Site">[http://www.oic-oci.org/ Organisation of The Islamic Conference<!-- Bot generated title -->]</ref> officially resolved to support the [[Cairo Declaration on Human Rights in Islam]],<ref name="OIC Resolution on CDHRI">http://www.oic-oci.org/english/conf/fm/27/27th-fm-political(3).htm#60</ref> an alternative document that says people have "freedom and right to a dignified life in accordance with the Islamic Shari’ah".<ref name"CDHRI">[http://www.religlaw.org/interdocs/docs/cairohrislam1990.htm The Cairo Declaration on Human Rights in Islam(5 Aug 1990)<!-- Bot generated title -->]</ref> |
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The Declaration's all-encompassing provisions serve as a "yardstick" and point of reference by which countries' commitments to human rights are judged, such as through the treaty bodies and other mechanisms of various human rights treaties that monitor implementation.<ref name="unfoundation.org"/> |
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==== Libertarian Criticism ==== |
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[[Libertarian]]s and some [[conservative]]s believe the [[positive rights]] that must be provided by others through forceful extraction (for example [[taxation]]) negate other peoples' inalienable rights.<ref>See [http://capmag.com/article.asp?ID=210 Capitalism Magazine - United Nations Declaration of Human Rights Destroys Individual Rights] Retrieved 22 June 2006.</ref> In reference to Article 25's declaration of a right to free medical care, [[Andrew Bissell]] (a supporter of [[Objectivism (Ayn Rand)|objectivism]]){{Fact|date=August 2008}} argued that "Health care doesn’t simply grow on trees; if it is to be made a right for some, the means to provide that right must be confiscated from others...no one will want to enter the medical profession when the reward for years of careful schooling and study is not fair remuneration, but rather, patients who feel entitled to one’s efforts, and a government that enslaves the very minds upon which patients’ lives depend."<ref>[http://www.objectivistcenter.org/cth--1297-Right_To_Health_Care.aspx Right To Health Care<!-- Bot generated title -->]</ref> |
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=== Legal effect === |
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In international law, a declaration is distinct from a treaty in that it generally states aspirations or understandings among the parties, rather than binding obligations.<ref name=":6">{{Cite web|title=Glossary of terms relating to Treaty actions|url=https://treaties.un.org/https://treaties.un.org/Pages/Overview.aspx?path=overview/glossary/page1_en.xml#declarationsPages/Overview.aspx?path=overview/glossary/page1_en.xml#declarationshttps://treaties.un.org/Pages/Overview.aspx?path=overview/glossary/page1_en.xml#declarations|access-date=13 September 2020|website=treaties.un.org|archive-date=27 October 2020|archive-url=https://web.archive.org/web/20201027161632/https://treaties.un.org/https:/treaties.un.org/Pages/Overview.aspx?path=overview%2Fglossary%2Fpage1_en.xml#declarationsPages/Overview.aspx?path=overview/glossary/page1_en.xml|url-status=dead}}</ref> The Declaration was explicitly adopted to reflect and elaborate on the customary international law reflected in the "[[fundamental freedoms]]" and "human rights" referenced in the United Nations Charter, which is binding on all member states.<ref name=":6" /> For this reason, the Universal Declaration of Human Rights is a fundamental constitutive document of the United Nations and, by extension, all 193 parties of the United Nations Charter. |
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Many proponents of [[alternative education]], particularly [[unschooling]], take issue with Article 26 where it stipulates that "...education shall be compulsory." In the philosophies of [[John Holt (educator)|John Holt]] and others, compulsory education itself violates the right of a person to peacefully follow their own interests: |
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Nevertheless, the status of the Declaration as a legally enforceable document varies widely around the world: some countries have incorporated it into their domestic laws, while other countries consider it merely a statement of ideals, with no binding provisions.<ref>See generally {{ill|Hurst Hannum|eu}}, [https://digitalcommons.law.uga.edu/gjicl/vol25/iss1/ "The Status Of The Universal Declaration Of Human Rights In National And International Law"], ''Georgia Journal of International and Comparative Law'', Volume 25, Number 1 (1996), pp. 287–397.</ref> |
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{{Quotation|No human right, except the right to life itself, is more fundamental than this. A person’s freedom of learning is part of his freedom of thought, even more basic than his freedom of speech. If we take from someone his right to decide what he will be curious about, we destroy his freedom of thought. We say, in effect, you must think not about what interests you and concerns you, but about what interests and concerns us.|[[John Holt (educator)|John Holt]]|Escape from Childhood}} |
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Many international lawyers believe that the Declaration forms part of [[customary international law]] and is a powerful tool in applying diplomatic and moral pressure to governments that violate its articles.<ref>{{cite web|last=Office of the High Commissioner for Human Rights|title=Digital record of the UDHR|url=http://www.ohchr.org/EN/NEWSEVENTS/Pages/DigitalrecordoftheUDHR.aspx|publisher=United Nations}}</ref><ref name="Ramcharan1979">{{cite book | last = John Peters | first = Humphrey | author-link = John Peters Humphrey | chapter = The universal declaration of human rights, Its history, impact andjuridical character | pages = 37 | editor-last = Bertrand G. | editor-first = Ramcharan | editor-link = Bertrand Ramcharan |title=Human Rights: Thirty Years After the Universal Declaration: Commemorative Volume on the Occasion of the Thirtieth Anniversary of the Universal Declaration of Human Rights |chapter-url=https://books.google.com/books?id=favRCKyN-_IC&pg=PA21 |date=23 May 1979 | publisher=Nijhoff |location = The Hage |isbn=9024721458}}</ref><ref name="Sohn1977">{{cite journal |title=The human rights law of the charter |journal=Texas International Law Journal |year=1977 |last=Sohn |first=Louis B. |author-link=Louis B. Sohn |volume=12 |pages=133 |issn=0163-7479 |url=https://heinonline.org/HOL/LandingPage?handle=hein.journals/tilj12&div=18&id=&page= |access-date=21 March 2018 }}</ref><ref name="McDougal1969">{{cite journal |url=http://digitalcommons.law.yale.edu/fss_papers/2575 |title=Human Rights and World Public Order: A Framework for Policy-Oriented Inquiry |last1=Myres S. |first1=McDougal |author-link=Myres S. McDougal |last2=Lasswell |first2=Harold D. |author-link2=Harold Dwight Lasswell |last3=Chen |first3=Lung-chu |journal=Faculty Scholarship Series |publisher=[[Yale Law School]] |date=1969 |access-date=21 March 2018 |pages=273–274, 325–327 }}</ref><ref>Katharine G. Young (2009), "Freedom, Want and Economic and Social Rights: Frame and Law", ''Maryland Journal of International Law'' 24(182) (Symposium on 60th Anniversary of the Universal Declaration of Human Rights)</ref><ref name="DAmato1987">{{cite book|first=Anthony A. |last=D'Amato|title=International law: process and prospect|url=https://books.google.com/books?id=9CuPAAAAMAAJ|year=1987|publisher=Transnational Publishers|isbn=978-0941320351 |pages=123–147}}</ref> One prominent international jurist described the UDHR as being "universally regarded as expounding generally accepted norms".<ref>R. Lallah, 2 Judicial Colloquium in Bangalore, Developing Human Rights Jurisprudence, The Domestic Application of International Human Rights Norms 33 (London, Commonwealth Secretariat, 1998)</ref> Other legal scholars have further argued that the Declaration constitutes ''[[jus cogens]]'', fundamental principles of international law from which no state may deviate or [[Derogation|derogate]].<ref>Justice M. Haleem, "The Domestic Application of International Human Rights Norms", ''Developing Human Rights Jurisprudence'', supra note 158, at 97; Myres S. Mcdougal, Harold Lasswell & Lung-Chu Chen, "Human Rights and World Public Order" 274 (New Haven, Connecticut: [[Yale University Press]], 1980.</ref> The 1968 United Nations International Conference on Human Rights advised that the Declaration "constitutes an obligation for the members of the international community" to all persons.<ref>{{Cite web|date=14 February 2018|title=Human rights and the international community: twenty questions|url=https://en.unesco.org/courier/october-1978/human-rights-and-international-community-twenty-questions|access-date=14 September 2020|website=UNESCO|language=en}}</ref> |
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This instance of the word "compulsory" is the only one in the entire document. The word "compel" is used twice, however, both times with negative connotations. |
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The Declaration has served as the foundation for two binding United Nations human rights covenants: the [[International Covenant on Civil and Political Rights]] and the [[International Covenant on Economic, Social and Cultural Rights]]. The principles of the Declaration are elaborated in other binding international treaties such as the [[International Convention on the Elimination of All Forms of Racial Discrimination]], the [[Convention on the Elimination of All Forms of Discrimination against Women|International Convention on the Elimination of Discrimination Against Women]], the [[United Nations Convention on the Rights of the Child]], the [[United Nations Convention Against Torture]], and many more. The Declaration continues to be widely cited by governments, academics, advocates, and constitutional courts, and by individuals who appeal to its principles for the protection of their recognized human rights.<ref>{{Cite web|title=What is the Universal Declaration of Human Rights? |publisher=Australian Human Rights Commission|url=https://humanrights.gov.au/our-work/what-universal-declaration-human-rights|access-date=13 September 2020}}</ref> |
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=== Bangkok Declaration === |
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In the Bangkok Declaration adopted by Ministers of Asian states meeting in 1993 in the lead up to the World Conference on Human Rights, Asian governments reaffirmed their commitment to the principles of the United Nations Charter and the Universal Declaration of Human Rights. They stated their view of the interdependence and indivisibility of human rights and stressed the need for universality, objectivity and non-selectivity of human rights.<ref>[http://law.hku.hk/lawgovtsociety/Bangkok%20Declaration.htm]</ref> |
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==== |
==== National law ==== |
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According to a 2022 study, the UDHR "significantly accelerated the adoption of a particular set of [national] constitutional rights".<ref>{{Cite journal |last1=Elkins |first1=Zachary |last2=Ginsburg |first2=Tom |date=2022 |title=Imagining a World without the Universal Declaration of Human Rights |url=https://www.cambridge.org/core/journals/world-politics/article/abs/imagining-a-world-without-the-universal-declaration-of-human-rights/4123973F960B53B52C64DB6856600B74 |journal=World Politics |language=en |volume=74 |issue=3 |pages=327–366 |doi=10.1017/S0043887122000065 |s2cid=128876572 |issn=0043-8871}}</ref> One scholar estimates that at least 90 national constitutions drafted since the Declaration's adoption in 1948 "contain statements of fundamental rights which, where they do not faithfully reproduce the provisions of the Universal Declaration, are at least inspired by it".<ref name=":7">{{ill|Hurst Hannum|eu}}, [https://cdn2.sph.harvard.edu/wp-content/uploads/sites/125/2014/04/16-Hannum.pdf ''The UDHR in National and International Law''], pp. 151–152.</ref> At least 20 African nations that attained independence [[Decolonisation of Africa|in the decades]] immediately following 1948 explicitly referenced the UDHR in their constitutions.<ref name=":7" /> As of 2014, the constitutions that still directly cite the Declaration are those of Afghanistan, Benin, Bosnia-Herzegovina, Burkina Faso, Burundi, Cambodia, Chad, Comoros, Côte d'Ivoire, Equatorial Guinea, Ethiopia, Democratic Republic of the Congo, Gabon, Guinea, Haiti, Mali, Mauritania, Nicaragua, Niger, Portugal, Romania, Rwanda, São Tomé and Príncipe, Senegal, Somalia, Spain, Togo, and Yemen.<ref name=":7" /> Moreover, the constitutions of [[Portugal]], [[Romania]], [[São Tomé]] and Príncipe, and [[Spain]] compel their courts to "interpret" constitutional norms consistently with the Universal Declaration.<ref>Portuguese Constitution, article 16(2); Romanian Constitution, article 20(1); Sao Tom6 and Principe Constitution, article 17(2); Spanish Constitution, article 10(2).</ref> |
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Groups such as [[Amnesty International]]<ref>[[Amnesty International]] “Out of the margins: the right to conscientious objection to military service in Europe: An announcement of Amnesty International's forthcoming campaign and briefing for the UN Commission on Human Rights” 1 April 1997. Amnesty International, Worldwide Sites, Library, Europe and Central Asia. Retrieved May 9, 2008 [http://asiapacific.amnesty.org/library/Index/ENGEUR010041997?open&of=ENG-2EU] </ref> and [[War Resisters International]]<ref name="War Resisters International">[[War Resisters International]] A Conscientious Objector's Guide to the UN Human Rights System, Parts 1,2&3, Background Information on International Law for COs, Standards which recognise the right to conscientious objection, In treaties. [http://www.wri-irg.org/books/co-guide-un.htm] retrieved May 9, 2008 </ref> have advocated for "The Right to Refuse to Kill" to be added to the UDHR. [[War Resisters International]] has stated that the right to [[Conscientious objector|conscientious objection]] to military service is in fact primarily derived from Article 18 of the UDHR: the right to freedom of thought, conscience and religion.<ref name="War Resisters International" /> |
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Judicial and political figures in many nations have directly invoked the UDHR as an influence or inspiration on their courts, constitutions, or legal codes. Indian courts have ruled the [[Constitution of India|Indian Constitution]] "[embodies] most of the articles contained in the Declaration".<ref name=":10">''Bombay Education Society v. State of Bombay,'' 1954 Bom. 271, at '''1350'''.</ref> Nations as diverse as Antigua, Chad, Chile, Kazakhstan, Saint Vincent and the Grenadines, and Zimbabwe have derived constitutional and legal provisions from the Declaration.<ref name=":7" /> In some cases, specific provisions of the UDHR are incorporated or otherwise reflected in national law. The right to health or to protection of health is found in the constitutions of Belgium, Kyrgyzstan, Paraguay, [[Peru]], [[Thailand]], and Togo; constitutional obligations on the government to provide health services exist in [[Armenia]], [[Cambodia]], [[Ethiopia]], [[Finland]], [[South Korea]], Kyrgyzstan, Paraguay, Thailand, and Yemen.<ref name=":10" /> |
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==See also== |
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===Human Rights=== |
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*[[History of human rights]] |
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*[[Human Rights]] |
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*[[Portal: Human rights]] |
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*[[Timeline of young people's rights in the United Kingdom]] |
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*[[Timeline of young people's rights in the United States]] |
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A survey of U.S. cases through 1988 found five references to the Declaration by the United States Supreme Court; sixteen references by [[United States courts of appeals|federal courts of appeal]]; twenty-four references by [[United States district court|federal district courts]]; one reference by a [[United States bankruptcy court|bankruptcy court]]; and several references by five state courts.<ref>Beth Andrus, ''The Universal Declaration of Human Rights 1948–1988: Human Rights, The United Nations and Amnesty International'' 10–11 (Amnesty International U.S.A. Legal Support Network, 1988). A</ref> Likewise, research conducted in 1994 identified 94 references to the Declaration by federal and state courts across the U.S.<ref>{{ill|Hurst Hannum|eu}}, [https://digitalcommons.law.uga.edu/cgi/viewcontent.cgi?article=1396&context=gjicl "The Status of the Universal Declaration of Human Rights in National and International Law"]. ''Georgia Journal of International and Comparative Law'', Vol 25:287, p. 304.</ref> |
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===Celebration of the 60th Anniversary of UDHR=== |
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* [Bar Ilan University, Israel, 60 Years of the UDHR] [http://www.law.biu.ac.il/uploads//hodaot_students/human_rights.pdf-] Evaluating the Record - 2008 |
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*[http://www.law.umaryland.edu/faculty/conferences/detail.html?conf=69 Maryland Law UDHR 60 Conference] - October 23-25, 2008 |
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*[http://udhr.net UDHR 60 Connecticut Conference] - December 2008 |
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*[http://knowyourrights2008.org Know Your Rights 2008] |
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*[http://www.takingitglobal.org/themes/udhr60/ Youth Celebrate the 60th Anniversary of the UDHR] CASHRA, the John Humphrey Centre and TakingITGlobal join forces |
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In 2004, the [[Supreme Court of the United States|U.S. Supreme Court]] ruled in ''[[Sosa v. Alvarez-Machain]]'' that the Declaration "does not of its own force impose obligations as a matter of international law", and that the political branches of the U.S. federal government can "scrutinize" the nation's obligations to international instruments and their enforceability.<ref name=":1" /> However, U.S. courts and legislatures may still use the Declaration to inform or interpret laws concerned with human rights,<ref name=":11">G. Christenson, "Using Human Rights Law to Inform Due Process and Equal Protection Analyses", University of Cincinnati Law Review 52 (1983), p. 3.</ref> a position shared by the courts of Belgium, the Netherlands, India, and Sri Lanka.<ref name=":11" /> |
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===Non-binding agreements=== |
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*[[Cyrus Cylinder]], Ancient Persia, 559-530 BC |
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*[[United States Declaration of Independence]], July 1776 |
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*[[Declaration of Sentiments]], 1848 |
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*[[Cairo Declaration on Human Rights in Islam]], 1990 |
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*[[Vienna Declaration and Programme of Action]], 1993 |
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*[[United Nations Millennium Declaration]], 2000 |
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== Praise and support == |
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===National human rights law=== |
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The Universal Declaration has received praise from a number of notable activists, jurists, and political leaders. [[Lebanon|Lebanese]] philosopher and diplomat [[Charles Malik]] called it "an international document of the first order of importance",<ref>{{cite web|url=https://www.un.org/law/AVLpilotproject/udhr_audio.html|title=Statement by Charles Malik as Representative of Lebanon to the Third Committee of the United Nations General Assembly on the Universal Declaration|publisher=United Nations|date=6 November 1948 |archive-url = https://web.archive.org/web/20080928133214/http://www.un.org/law/AVLpilotproject/udhr_audio.html |archive-date=28 September 2008}}</ref> while [[Eleanor Roosevelt]]—first chairperson of the [[Commission on Human Rights]] (CHR) that helped draft the Declaration—stated that it "may well become the international [[Magna Carta]] of all men everywhere".<ref>{{cite web |first=Michael E. |last=Eidenmuller |url = https://www.americanrhetoric.com/speeches/eleanorrooseveltdeclarationhumanrights.htm |title=Eleanor Roosevelt: Address to the United Nations General Assembly |website=American Rhetoric |date=9 December 1948 |access-date=7 July 2012}}</ref> At the 1993 United Nations [[World Conference on Human Rights]], one of the largest international gatherings on human rights,<ref>[[Kevin Boyle (lawyer)|Boyle, Kevin]] (1995). "Stock-Taking on Human Rights: The World Conference on Human Rights, Vienna 1993". In Beetham, David (ed.). ''Politics and Human Rights''. [[Wiley-Blackwell]]. p. 79. {{ISBN|0631196668}}.</ref> diplomats and officials representing 100 nations reaffirmed their governments' "commitment to the purposes and principles contained in the Charter of the United Nations and the Universal Declaration of Human Rights" and emphasized that the Declaration as "the source of inspiration and has been the basis for the United Nations in making advances in standard setting as contained in the existing international human rights instruments".<ref name=":7" /> In a speech on 5 October 1995, Pope [[John Paul II]] called the Declaration "one of the highest expressions of the human conscience of our time", despite the Vatican never adopting it.<ref>{{cite web |url=https://www.vatican.va/roman_curia/secretariat_state/2003/documents/rc_seg-st_20031210_human-rights_en.html |title=John Paul II, Address to the U.N., October 2, 1979 and October 5, 1995 |publisher=Holy See |access-date=7 July 2012}}</ref> In a statement on 10 December 2003 on behalf of the [[European Union]], [[Marcello Spatafora]] said that the Declaration "placed human rights at the centre of the framework of principles and obligations shaping relations within the international community".<ref>{{cite web | url = https://www.un.org/press/en/2003/ga10220.doc.htm | title = International human rights defenders honoured as general assembly marks fifty-fifth anniversary of universal declaration | date = 10 December 2003 | website = United Nations: meetings coverage and press releases}}</ref> |
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*[[Cáin Adomnáin]], 697 |
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*[[Magna Carta]], England, 1215 |
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*[[Golden Bull of 1222|Golden Bull]], Hungary, 1222 |
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*[[English Bill of Rights]] and [[Claim of Right Act 1689|Scottish Claim of Right]], 1689 |
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*[[Virginia Declaration of Rights]], June 1776 |
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*[[United States Bill of Rights]], completed in 1789, approved in 1791 |
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*[[Declaration of the Rights of Man and of the Citizen]], France 1789 |
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*[[Constitution of the Soviet Union]], first 1918, but did not guarantee rights to the middle class |
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*[[Canadian Charter of Rights and Freedoms]], 1982 |
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As a pillar of international human rights, the UDHR enjoys widespread support among international and nongovernmental organizations. The [[International Federation for Human Rights]] (FIDH), one of the oldest human rights organizations, has as its core mandate the promotion of the respect for all rights set out in the Declaration, the [[International Covenant on Civil and Political Rights]], and the [[International Covenant on Economic, Social and Cultural Rights]].<ref>[http://ec.europa.eu/enterprise/policies/sustainable-business/files/csr/documents/stakeholder_forum/fidh_en.pdf "Contribution to the EU Multi-stakeholder Forum on CSR (Corporate Social Responsibility)"]. European Commission. {{Webarchive|url=https://web.archive.org/web/20121024132638/http://ec.europa.eu/enterprise/policies/sustainable-business/files/csr/documents/stakeholder_forum/fidh_en.pdf|date=24 October 2012}}. 10 February 2009. Accessed on 9 November 2009.</ref><ref>[http://www.unhcr.org/refworld/partners.html "Information Partners"]. [[UNHCR]]. Accessed 25 February 2010.</ref> [[Amnesty International]], the third oldest international human rights organization,<ref>{{cite web|title=UDHR film|url=https://www.amnesty.org/en/universal-declaration-human-rights-anniversary/udhr-film|url-status=dead|archive-url=https://web.archive.org/web/20130614070441/http://www.amnesty.org/en/universal-declaration-human-rights-anniversary/udhr-film|archive-date=14 June 2013|access-date=19 July 2013|publisher=Amnesty International}}</ref> has regularly observed Human Rights Day and organized worldwide events to bring awareness and support of the UDHR.<ref>{{cite web|title=Fire Up!|url=https://www.amnesty.org/en/universal-declaration-human-rights-anniversary/fire-up|access-date=19 July 2013|publisher=Amnesty International|archive-date=11 September 2013|archive-url=https://web.archive.org/web/20130911195921/http://www.amnesty.org/en/universal-declaration-human-rights-anniversary/fire-up|url-status=dead}}</ref> Some organizations, such as the [[Quaker United Nations Office]] and the [[American Friends Service Committee]] have developed curriculum or programmes to educate young people on the UDHR.<ref>{{cite web|title=UNHCR Partners|url=http://www.refworld.org/cgi-bin/texis/vtx/rwmain?page=partners|access-date=11 November 2014|publisher=UNHCR}}</ref><ref>{{cite web|title=AFSC Universal Declaration of Human Rights web page|url=https://afsc.org/category/topic/universal-declaration-human-rights|access-date=11 November 2014|publisher=American Friends Service Committee}}</ref><ref>{{cite web|title=Youth for Human Rights|url=http://www.youthforhumanrights.org|access-date=13 November 2016|publisher=Youth for Human Rights}}</ref> |
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===International human rights law=== |
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*[[European Convention on Human Rights]], 1950 |
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*[[Convention Relating to the Status of Refugees]], 1954 |
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*[[Convention on the Elimination of All Forms of Racial Discrimination]], 1969 |
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*[[International Covenant on Civil and Political Rights]], 1976 |
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*[[International Covenant on Economic, Social and Cultural Rights]], 1976 |
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*[[Convention on the Elimination of All Forms of Discrimination Against Women]], 1981 |
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*[[Convention on the Rights of the Child]], 1990 |
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*[[Charter of Fundamental Rights of the European Union]], 2000 |
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Specific provisions of the UDHR are cited or elaborated by [[Lobbying|interest groups]] in relation to their specific area of focus. In 1997, the council of the [[American Library Association]] (ALA) endorsed Articles 18 through 20 concerning freedoms of thought, opinion, and expression,<ref>{{cite web|title=Resolution on IFLA, Human Rights and Freedom of Expression|url=http://www.ala.org/offices/iro/awardsactivities/resolutionifla|publisher=American Library Association|date=8 November 2006}}</ref> which were codified in the ALA Universal Right to Free Expression and the [[Library Bill of Rights]].<ref>{{cite web|title=The Universal Right to Free Expression|url=http://www.ala.org/advocacy/intfreedom/librarybill/interpretations/universalright|publisher=American Library Association|date=26 July 2006}}</ref> The Declaration formed the basis of the ALA's claim that [[censorship]], [[invasion of privacy]], and interference of opinions are human rights violations.<ref>{{cite web|title=The Universal Right to Free Expression|url=http://www.ala.org/advocacy/intfreedom/librarybill/interpretations/universalright|access-date=1 April 2018|publisher=American Library Association|date=26 July 2006}}</ref> |
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===Other=== |
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*[[Command responsibility]] |
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*[[Declaration on Great Apes]], an as-yet unsuccessful effort to extend some human rights to [[Hominidae|great apes]] |
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*[[John Peters Humphrey]] & film [http://www.histori.ca/minutes/minute.do?id=10219 PSA Histori.ca short] |
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*[[Paris Peace Conference, 1919#Japanese approach|Racial equality proposal]],1919 |
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*[[Khutbatul Wada']], 632 |
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== Criticism == |
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==Notes and references== |
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=== Soviet Union and Marxism–Leninism === |
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{{reflist}} |
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During the creation of the Universal Declaration of Human Rights the [[Soviet Union]] criticized not prioritizing [[Social rights (social contract theory)|social rights]] over [[Individual and group rights|individual rights]] and [[Negative and positive rights|positive rights]] over [[negative rights]] enough according to [[Marxism–Leninism]].<ref name="p172">{{cite journal | last=Lukina | first=Anna | title=Soviet Union and the Universal Declaration of Human Rights |id=Max Planck Institute for European Legal History Research Paper Series No. 2017-01 | journal=SSRN Electronic Journal | publisher=Elsevier | year=2017 | issn=1556-5068 | doi=10.2139/ssrn.2952292 | page=}}</ref> |
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== |
=== Islam === |
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{{Further|Cairo Declaration of Human Rights in Islam}} |
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[[File:Map of Islam.svg|thumb|right|Distribution map of [[Islam by country]]]] |
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Most [[Muslim-majority countries]] that were then members of the United Nations signed the Declaration in 1948, including the kingdoms of [[Kingdom of Afghanistan|Afghanistan]], [[Kingdom of Egypt|Egypt]], and [[Kingdom of Iraq|Iraq]], [[Pahlavi Iran]], and the [[First Syrian Republic]]; the [[Republic of Turkey]], which had an [[Religion in Turkey|overwhelmingly Muslim population]] but an [[Secularism in Turkey|officially secular government]], also voted in favour.<ref>{{cite web | url = http://www.mfa.gov.tr/universal-declaration-of-human-rights.en.mfa | title=Universal Declaration of Human Rights |location=Turkey |publisher=Ministry of Foreign Affairs | access-date=30 October 2015}}</ref> [[Saudi Arabia]] was the sole abstainer on the Declaration among Muslim-majority countries, claiming that it violated the [[Sharia|Islamic law]] (''sharīʿa'').<ref name="Daedalus 2020">{{cite journal |last=Gunn |first=T. Jeremy |date=Summer 2020 |title=Do Human Rights Have a Secular, Individualistic & Anti-Islamic Bias? |url=https://www.amacad.org/publication/do-human-rights-have-secular-individualistic-anti-islamic-bias |editor-last=Audi |editor-first=Robert |editor-link=Robert Audi |journal=[[Daedalus (journal)|Daedalus]] |publisher=[[MIT Press]] for the [[American Academy of Arts and Sciences]] |volume=149 |issue=3 |pages=148–169 |doi=10.1162/daed_a_01809 |jstor=48590946 |jstor-access=free |issn=1548-6192 |oclc=1565785|doi-access=free }}</ref><ref>{{cite book |first=Nisrine |last=Abiad |title=Sharia, Muslim states and international human rights treaty obligations: a comparative study |url = https://books.google.com/books?id=dex7TKuoUhgC |year=2008 |publisher=BIICL |isbn = 978-1905221417 |pages=[https://books.google.com/books?id=dex7TKuoUhgC&pg=PA60 60–65]}}</ref> [[Pakistan]], officially an [[Islamic state]], signed the declaration and critiqued the Saudi position,<ref>{{harvnb |Price |1999 |p=[https://books.google.com/books?id=YgF58rl4tCkC&pg=PA163 163]}}</ref> strongly arguing in favour of including [[freedom of religion]] as a fundamental human right of the UDHR.<ref name="Hashemi">Hashemi, Nader and Qureshi, Emran. "Human Rights". In ''The Oxford Encyclopedia of the Islamic World. Oxford Islamic Studies Online''.</ref>{{fcn|reason=sounds like a web source, where is the URL?|date=August 2024}} |
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Moreover, some Muslim diplomats would later help draft other United Nations human rights treaties. For example, [[Iraq]]'s representative to the United Nations, [[Bedia Afnan]]'s insistence on wording that recognized gender equality resulted in Article 3 within the [[ICCPR]] and [[ICESCR]], which, together with the UDHR, form the International Bill of Rights. Pakistani diplomat [[Shaista Suhrawardy Ikramullah]] influenced the drafting of the Declaration, especially with respect to [[women's rights]], and played a role in the preparation of the 1951 Genocide Convention.<ref name="Hashemi" /> |
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In 1982, the [[Iran]]ian diplomat to the United Nations, who represented the country's [[Iranian Revolution|newly installed Islamic republic]], stated that the Declaration was "a [[Secularity|secular]] understanding of the [[Judeo-Christian]] tradition" that could not be implemented by Muslims without conflict with ''sharīʿa'' law.<ref name="Littman1999">{{cite news |last=Littman |first=D |title=Universal Human Rights and Human Rights in Islam |work=Midstream |date=February–March 1999 |url = http://mypage.bluewin.ch/ameland/Islam.html |archive-url = https://web.archive.org/web/20060501234759/http://mypage.bluewin.ch/ameland/Islam.html |archive-date=1 May 2006 }}</ref> |
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On 30 June 2000, member states of the [[Organisation of Islamic Cooperation]], which represents most of the Muslim world,{{Citation needed|reason=This claim needs a reliable source.|date=January 2023}} officially resolved to support the [[Cairo Declaration on Human Rights in Islam]],<ref name="Daedalus 2020"/><ref name="OIC Resolution on CDHRI">{{cite web |url=http://www.oic-oci.org/english/conf/fm/27/27th-fm-political(3).htm#60 |title=Resolution No 60/27-P |date=27 June 2000 |access-date=2 June 2011 |publisher=Organisation of the Islamic Conference |archive-date=12 October 2007 |archive-url=https://web.archive.org/web/20071012192209/http://oic-oci.org/english/conf/fm/27/27th-fm-political(3).htm#60 |url-status=dead }}</ref> an alternative document that says people have "freedom and right to a dignified life in accordance with the Islamic Shari'ah", without any discrimination on grounds of "race, colour, language, sex, religious belief, political affiliation, social status or other considerations". The Cairo Declaration is widely acknowledged to be a response to the UDHR, and uses similar universalist language, albeit derived solely from [[Fiqh|Islamic jurisprudence]] (''fiqh'').<ref>Brems, E (2001). "Islamic Declarations of Human Rights". ''Human rights: universality and diversity: Volume 66 of International studies in human rights''. Martinus Nijhoff. pp. 241–284. {{ISBN|9041116184}}.</ref> |
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Regarding the promulgation of the Cairo Declaration on Human Rights in Islam, T. Jeremy Gunn, Professor of Law and Political Science at the [[International University of Rabat]] in [[Morocco]], has stated: |
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{{blockquote|the twenty-two-member [[League of Arab States]] (Arab League)—each of whose members also belongs to the OIC and is majority-Muslim—created its own human rights instruments and institutions (based in Cairo) that set it apart from the international human rights regime. While the term "Arab" denotes an ethnicity and "Muslim" references a religion, all majority-Arab countries are also majority-Muslim countries, though the opposite does not hold. Indeed, the preponderance of Muslim-majority countries is not Arab. It has long been recognized that the Muslim-majority Arab world ranks particularly poorly with respect to human rights. According to the [[Arab Human Development Report|2009 Arab Human Development Report]], written by Arab experts for the [[United Nations Development Programme]] Regional Bureau for Arab States, "Arab states seem content to ratify certain international human rights treaties, but do not go so far as to recognize the role of international mechanisms in making human rights effective." [...] The resistance to implementation of international human rights standards in parts of the Muslim and Arab worlds is perhaps most salient with the panoply of rights related to religion. In terms of the UDHR, the core of the resistance is centered on issues of the right to freedom of thought, conscience, and religion (Article 18), prohibition of discrimination on the basis of religion (Article 2), and the prohibition of discrimination against women (preamble, Article 2, Article 16). The same resistance to universal standards, already present in the UDHR, continued in subsequent elaborations of human rights, including the [[International Covenant on Civil and Political Rights]] (ICCPR), the [[Convention on the Elimination of All Forms of Discrimination Against Women]], the [[Convention on the Rights of the Child]], and the 1981 [[Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief]].<ref name="Daedalus 2020"/>}} |
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A number of scholars in different fields have expressed concerns with the Declaration's alleged [[Western world|Western]] and [[Secularism|secularist]] bias.<ref name="Daedalus 2020"/> [[Abdulaziz Sachedina]] observes that Muslims broadly agree with the Declaration's universalist premise, which is shared by Islam, but differ on specific contents, which many find "insensitive to particular Muslim cultural values, especially when it comes to speaking about individual rights in the context of collective and family values in Muslim society".<ref name="Sachedina 2007">{{cite journal |last=Sachedina |first=Abdulaziz |author-link=Abdulaziz Sachedina |date=Fall 2007 |title=The Clash of Universalisms: Religious and Secular in Human Rights |url=https://securitypolicylaw.syr.edu/wp-content/uploads/2013/03/Sachedina.2007.Clash-of-Universalisms.pdf |url-status=live |journal=[[The Hedgehog Review]] |publisher=Institute for Advanced Studies in Culture, [[University of Virginia]] |volume=9 |issue=3 |pages=49–62 |issn=2324-867X |oclc=42747231 |archive-url=https://web.archive.org/web/20201029015824/https://securitypolicylaw.syr.edu/wp-content/uploads/2013/03/Sachedina.2007.Clash-of-Universalisms.pdf |archive-date=29 October 2020 |access-date=10 November 2021}}</ref>{{rp|50–51}} However, he notes that most [[Ulama|Muslim scholars]], while opposing the inherently secular framework of the document, do respect and acknowledge some of its "foundations".<ref name="Sachedina 2007"/>{{rp|50–51}} Sachedina further argues that many Christians similarly criticized the Declaration for allegedly reflecting a secular and [[Liberalism|liberal]] bias in opposition to certain religious values.<ref name="Sachedina 2007"/>{{rp|50–51}} |
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Kazakh [[Religious studies|religious scholars]] Galym Zhussipbek and Zhanar Nagayeva have argued that the rejection or failed implementation of human rights in Muslim-majority countries and their seeming incompatibility with ''sharīʿa'' law originates from the current "epistemological crisis of conservative Islamic scholarship and Muslim mind", rooted in the centuries-old confinement of a role for [[reason]] within strict limits, and in the disappearance of [[Rationalism|rationalistic]] [[Kalam|discursive Islamic theology]] (''kalām'') as a dynamic science from the Muslim world.<ref name="Open Theol.">{{cite journal |last1=Zhussipbek |first1=Galym |last2=Nagayeva |first2=Zhanar |date=September 2019 |title=Epistemological Reform and Embracement of Human Rights. What Can be Inferred from Islamic Rationalistic Maturidite Theology? |editor-last=Taliaferro |editor-first=Charles |editor-link=Charles Taliaferro |journal=[[Open Theology]] |publisher=[[De Gruyter]] |volume=5 |issue=1 |pages=347–365 |doi=10.1515/opth-2019-0030 |doi-access=free |issn=2300-6579}}</ref> Furthermore, they affirm the necessity of undertaking an epistemological reform in Islamic scholarship, which denotes the incorporation of international standards of human rights and justice into the epistemology and methodology of Islamic jurisprudence (''[[usul al-fiqh]]'').<ref name="Open Theol."/> |
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[[Riffat Hassan]], a Pakistani-born American [[Islamic feminist]] scholar and [[Islamic theology|Muslim theologian]], has argued:<blockquote>What needs to be pointed out to those who uphold the Universal Declaration of Human Rights to be the highest, or sole, model, of a charter of equality and liberty for all human beings, is that given the Western origin and orientation of this Declaration, the "universality" of the assumptions on which it is based is—at the very least—problematic and subject to questioning. Furthermore, the alleged incompatibility between the concept of human rights and religion in general, or particular religions such as Islam, needs to be examined in an unbiased way.<ref>{{cite web |url = http://www.religiousconsultation.org/hassan2.htm |archive-url=https://web.archive.org/web/20121015083948/http://www.religiousconsultation.org/hassan2.htm |archive-date=2012-10-15 |title=Are Human Rights Compatible with Islam? |publisher=religiousconsultation.org |access-date=2012-11-12 }}</ref></blockquote>[[Faisal Kutty]], a Muslim Canadian human rights activist, opines that a "strong argument can be made that the current formulation of international human rights constitutes a cultural structure in which western society finds itself easily at home [...]. It is important to acknowledge and appreciate that other societies may have equally valid alternative conceptions of human rights."<ref>{{cite book |url = http://trove.nla.gov.au/work/6294545?versionId=7270568 |chapter=Non-Western Societies Have Influenced Human Rights |editor-first=Jacqueline |editor-last=Langwith |title=Opposing Viewpoints: Human Rights |publisher=Gale/Greenhaven Press |location=Chicago |year=2007}}</ref> Irene Oh, director of the peace studies programme at [[Georgetown University]], has argued that Muslim reservations towards some provisions of the UDHR, and the broader debate about the document's secular and Western bias, could be resolved through mutual dialogue grounded in [[Descriptive ethics|comparative descriptive ethics]].<ref>{{cite book|title=The Rights of God|url=http://press.georgetown.edu/book/georgetown/rights-god|publisher=[[Georgetown University Press]] |year=2007}}</ref> |
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=== "The Right to Refuse to Kill" === |
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Groups such as [[Amnesty International]]<ref name="autogenerated1997">[https://www.amnesty.org/en/library/info/EUR01/004/1997/en "Out of the margins: the right to conscientious objection to military service in Europe: An announcement of Amnesty International's forthcoming campaign and briefing for the United Nations Commission on Human Rights"], 31 March 1997. Amnesty International.</ref> and [[War Resisters International]]<ref name="War Resisters International">[http://www.wri-irg.org/books/co-guide-un.htm "A Conscientious Objector's Guide to the UN Human Rights System"], Parts 1, 2 & 3, Background Information on International Law for COs, Standards which recognise the right to conscientious objection, War Resisters' International.</ref> have advocated for "The Right to Refuse to Kill" to be added to the Universal Declaration, as has [[Seán MacBride]], a former Assistant [[Secretary-General of the United Nations]] and [[Nobel Peace Prize]] laureate.<ref>[[Seán MacBride]], [http://nobelprize.org/nobel_prizes/peace/laureates/1974/macbride-lecture.html "The Imperatives of Survival"], Nobel Lecture, 12 December 1974, [https://www.nobelprize.org/index.html The Nobel Foundation] – Official website of the [[Nobel Foundation]]. (English index page; hyperlink to Swedish site.) From [https://www.nobelprize.org/nobel_organizations/nobelfoundation/publications/lectures/peace.html Nobel Lectures in Peace] 1971–1980.</ref> War Resisters International has stated that the right to [[Conscientious objector|conscientious objection]] to military service is primarily derived from Article 18 of the UDHR, which preserves the right to freedom of thought, conscience, and religion.<ref name="War Resisters International" /> Some [[Conscientious objector#Universal Declaration of Human Rights|steps have been taken within the UN]] to make the right more explicit, with the Human Rights Council repeatedly affirming that Article 18 enshrines "the right of everyone to have conscientious objection to military service as a legitimate exercise of the right to freedom of thought, conscience and religion".<ref>{{Cite web|title=Conscientious objection to military service|url=https://www.ohchr.org/EN/Issues/RuleOfLaw/Pages/ConscientiousObjection.aspx|access-date=20 August 2020|publisher=Office of the United Nations High Commissioner for Human Rights}}</ref><ref>{{Cite web|title=Human Rights Documents|url=https://ap.ohchr.org/documents/dpage_e.aspx?si=A/HRC/RES/24/17|access-date=20 August 2020|publisher=Office of the United Nations High Commissioner for Human Rights}}</ref> |
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=== American Anthropological Association === |
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The [[American Anthropological Association]] criticized the UDHR during its drafting process, warning that its definition of universal rights reflected a [[Western Culture|Western]] paradigm that was unfair to non-Western nations. They further argued that the West's history of [[colonialism]] and [[evangelism]] made them a problematic moral representative for the rest of the world. They proposed three notes for consideration with underlying themes of [[cultural relativism]]: |
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# The individual realizes his personality through his culture, hence respect for individual differences entails a respect for cultural differences. |
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# Respect for differences between cultures is validated by the scientific fact that no technique of qualitatively evaluating cultures has been discovered. |
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# Standards and values are relative to the culture from which they derive so that any attempt to formulate postulates that grow out of the beliefs or moral codes of one culture must to that extent detract from the applicability of any Declaration of Human Rights to mankind as a whole.<ref>{{cite web |url=http://franke.uchicago.edu/aaa1947.pdf |title=Statement on Human Rights |publisher=University of Chicago |access-date=30 October 2015 |archive-date=22 March 2020 |archive-url=https://web.archive.org/web/20200322142127/http://franke.uchicago.edu/aaa1947.pdf |url-status=dead }}</ref> |
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=== Bangkok Declaration === |
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During the lead-up to the [[World Conference on Human Rights]] that was held in 1993, ministers from several Asian states adopted the Bangkok Declaration, which reaffirms their governments' commitment to the principles of the United Nations Charter and the Universal Declaration of Human Rights. They stated their belief that human rights are interdependent and indivisible, and stressed the need for universality, [[objectivity (philosophy)|objectivity]], and non-selectivity of human rights. However, at the same time, they emphasized the principles of [[sovereignty]] and non-interference, calling for greater emphasis upon economic, social, and cultural rights, and in particular, the right to economic development by establishing international collaboration directives between the signatories. The Bangkok Declaration is considered to be a landmark expression of [[Asian values]] with respect to human rights, which offers an extended critique of human rights [[moral universalism|universalism]].<ref>{{cite web |url=http://law.hku.hk/lawgovtsociety/Bangkok%20Declaration.htm|archive-url=https://web.archive.org/web/20041124184022/http://law.hku.hk/lawgovtsociety/Bangkok%20Declaration.htm|archive-date=24 November 2004 |title=Final Declaration of the Regional Meeting For Asia Of The World Conference On Human Rights |publisher=Faculty of Law, University of Hong Kong |access-date=7 July 2012}}</ref> |
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== See also == |
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{{Portal|Politics|Freedom of speech}} |
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* [[History of human rights]] |
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=== Non-binding agreements === |
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* [[Racial Equality Proposal]] (1919) |
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* [[Cairo Declaration on Human Rights in Islam]] (1990) |
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* [[Vienna Declaration and Programme of Action]] (1993) |
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* [[United Nations Millennium Declaration]] (2000) |
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* [[Yogyakarta Principles]] (2006) |
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=== International human rights law === |
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* [[Fourth Geneva Convention]] (1949) |
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* [[European Convention on Human Rights]] (1952) |
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* [[Convention Relating to the Status of Refugees]] (1951) |
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* [[Convention on the Elimination of All Forms of Racial Discrimination]] (1969) |
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* [[International Covenant on Civil and Political Rights]] (1976) |
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* [[International Covenant on Economic, Social and Cultural Rights]] (1976) |
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* [[Convention on the Elimination of All Forms of Discrimination Against Women]] (1981) |
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* [[Convention on the Rights of the Child]] (1990) |
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* [[Charter of Fundamental Rights of the European Union]] (2000) |
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* [[Convention on the Rights of Persons with Disabilities]] (2007) |
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=== Other === |
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* [[Human trafficking]] |
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* [[Slavery in international law]] |
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* [[Slave Trade Act]]s |
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* [[LGBT rights]] |
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* [[Declaration on Great Apes]], an as-yet unsuccessful effort to extend some human rights to other [[Hominidae|great apes]] |
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* [[United Nations Prize in the Field of Human Rights]] |
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* [[Consent of the governed]] |
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* [[The Farewell Sermon]] (632 [[Common Era|CE]]) |
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* [[Right to education]] |
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== Notes == |
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{{reflist|group=lower-alpha}} |
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== References == |
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{{Reflist}} |
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=== Bibliography === |
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{{refbegin|30em}} |
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* {{cite book |last=Brown |first=Gordon |author-link=Gordon Brown |title=The Universal Declaration of Human Rights in the 21st Century: A Living Document in a Changing World |url = http://www.openbookpublishers.com/product/467/the-universal-declaration-of-human-rights-in-the-21st-century |year=2016 |publisher=Open Book Publishers |isbn = 978-1783742189 }} |
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* {{cite book |last=Glendon |first=Mary Ann |author-link=Mary Ann Glendon |title=A world made new: Eleanor Roosevelt and the Universal Declaration of Human Rights |url = https://books.google.com/books?id=2-vaZkbca2sC |year=2002 |publisher=Random House |isbn = 978-0375760464 }} |
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* {{cite book |last=Hashmi |first=Sohail H. |title=Islamic political ethics: civil society, pluralism, and conflict |url = https://books.google.com/books?id=5LmXFpnp_bMC |year=2002 |publisher=[[Princeton University Press]] |isbn = 978-0691113104 }} |
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* {{cite book|last=Holkebeer|first=Mieke|chapter=Out of the Crooked Timber of Humanity: Humanising Rights in South Africa|pages=149–165|title=To Repair the Irreparable Reparation and Reconstruction in South Africa|editor1=Erik Doxtader|editor2-link=Charles Villa-Vicencio|editor1-link=Erik Doxtader|editor2=Charles Villa-Vicencio|date=2004|publisher=David Philip Publishers|location=Cape Town|isbn=978-0864866189}} |
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* {{cite book |last=Morsink |first=Johannes |title=The Universal Declaration of Human Rights: origins, drafting, and intent |url = https://books.google.com/books?id=w8OapwltI3YC |year=1999 |publisher=[[University of Pennsylvania Press]] |isbn = 978-0812217476 }} |
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* {{cite book |last=Price |first=Daniel E. |title=Islamic political culture, democracy, and human rights: a comparative study |url = https://books.google.com/books?id=YgF58rl4tCkC |year=1999 |publisher=[[Greenwood Publishing Group]] |isbn = 978-0275961879 }} |
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* {{cite book |last=Williams |first=Paul |others=United Nations General Assembly |title=The International bill of human rights |url = https://archive.org/details/internationalbil00will |url-access=registration |year=1981 |publisher=Entwhistle Books |isbn = 978-0934558075 }} |
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{{refend}} |
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== Further reading == |
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{{refbegin|30em}} |
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* {{cite journal|doi=10.2202/1145-6396.1172|title=Hayek's Critique of the Universal Declaration of Human Rights|journal=Journal des Économistes et des Études Humaines|volume=9|issue=4|date=December 1999|last1=Feldman|first1=Jean-Philippe}} |
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* Nurser, John. "For All Peoples and All Nations. Christian Churches and Human Rights.". (Geneva: WCC Publications, 2005). |
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* [http://www.columbia.edu/ccnmtl/projects/mmt/udhr/index.html Universal Declaration of Human Rights pages at Columbia University (Centre for the Study of Human Rights), including article by article commentary, video interviews, discussion of meaning, drafting and history.] |
* [http://www.columbia.edu/ccnmtl/projects/mmt/udhr/index.html Universal Declaration of Human Rights pages at Columbia University (Centre for the Study of Human Rights), including article by article commentary, video interviews, discussion of meaning, drafting and history.] |
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* [http://legal.un.org/avl/ha/udhr/udhr.html Introductory note] by [[Antônio Augusto Cançado Trindade]] and [http://legal.un.org/avl/ha/udhr/udhr.html procedural history] on the Universal Declaration of Human Rights in the [http://legal.un.org/avl/historicarchives.html Historic Archives of the United Nations Audiovisual Library of International Law] |
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*John Nurser, "For All Peoples and All Nations. Christian Churches and Human Rights.". (Geneva: WCC Publications, 2005). |
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{{refend}} |
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== External links == |
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{{Wikiquote}} |
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{{Commons category|Universal Declaration of Human Rights}} |
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{{Wikiversity|Assessing Human Rights}} |
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{{Wikisource}} |
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* [https://www.un.org/en/about-us/universal-declaration-of-human-rights Text of the UDHR] |
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* [http://www.ohchr.org/en/udhr/pages/introduction.aspx Official translations of the UDHR] |
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* [http://libraryresources.unog.ch/udhr Resource Guide on the Universal Declaration of Human Rights] at the UN Library, Geneva. |
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* [http://research.un.org/en/undhr Drafting of the Universal Declaration of Human Rights] – documents and meetings records – United Nations Dag Hammarskjöld Library |
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* [https://www.researchgate.net/publication/374752897_Making_the_Universal_Declaration Making the Universal Declaration] At the 75th anniversary, 2023 |
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* [https://web.archive.org/web/20120912162219/http://www.unac.org/rights/question.html Questions and answers about the Universal Declaration] |
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* [https://www.americanrhetoric.com/speeches/eleanorrooseveltdeclarationhumanrights.htm Text, Audio, and Video excerpt of Eleanor Roosevelt's Address to the United Nations on the Universal Declaration of Human Rights] |
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* [http://www.universalrights.net/main/educat.htm UDHR – Education] |
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* [https://www.unicode.org/udhr/ UDHR in Unicode] |
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* [http://www.envio.org.ni/articulo/1349 Revista Envío – A Declaration of Human Rights For the 21st Century] |
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* [http://legal.un.org/avl/ha/udhr/udhr.html Introductory note] by [[Antônio Augusto Cançado Trindade]] and [http://legal.un.org/avl/ha/udhr/udhr.html procedural history note] on the Universal Declaration of Human Rights in the [http://legal.un.org/avl/historicarchives.html Historic Archives of the United Nations Audiovisual Library of International Law] |
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* [http://blogs.loc.gov/law/2012/12/the-laws-of-burgos-500-years-of-human-rights/ The Laws of Burgos: 500 Years of Human Rights] from the [[Law Library of Congress]] blog. |
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=== Audiovisual materials === |
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==External links== |
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* [https://udhr.audio/ UDHR Audio/Video Project] (recordings in 500+ languages by native speakers) |
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{{wikisource}} |
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* [https://librivox.org/group/512 ''Universal Declaration of Human Rights''] recorded in multiple languages at [[LibriVox]] (public domain audiobooks) |
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{{Wiktionary}} |
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* [https://www.americanrhetoric.com/speeches/eleanorrooseveltdeclarationhumanrights.htm Text, Audio, and Video excerpt of Eleanor Roosevelt's Address to the United Nations on the Universal Declaration of Human Rights] at AmericanRhetoric.com |
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* [http://www.un.org/Overview/rights.html Text of the UDHR] (English) |
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* [https://www.youtube.com/watch?v=epVZrYbDVis Animated presentation of the Universal Declaration of Human Rights] by [[Amnesty International]] on YouTube (in English duration 20 minutes and 23 seconds). |
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* [http://www.worldinbalance.net/agreements/1948-udhr.html Text of the UDHR at the Center for a World in Balance] |
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* [https://web.archive.org/web/20080910145004/http://webcast.un.org/ramgen/ondemand/legal/audio/humanrights/dr_charles_malik-human_rights_06_nov_48.rm Audio: Statement by Charles Malik as Representative of Lebanon to the Third Committee of the UN General Assembly on the Universal Declaration, 6 November 1948] |
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* [http://www.unhchr.ch/udhr/ Official translations of the UDHR] |
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* [http://www.columbia.edu/ccnmtl/projects/mmt/udhr/ramfiles/udhr_045.ram UN Department of Public Information introduction to the drafters of the Declaration] |
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* [http://www.un.org/cyberschoolbus/humanrights/resources/plain.asp Plain Language version of the UDHR] |
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* [http://legal.un.org/avl/ha/udhr/udhr_video.html Audiovisual material] on the Universal Declaration of Human Rights in the [http://legal.un.org/avl/historicarchives.html Historic Archives of the United Nations Audiovisual Library of International Law] |
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* [http://www.facebook.com/pages/Universal-Declaration-of-Human-Rights/34367960914 UDHR Facebook page] |
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* [http://www.unac.org/rights/question.html Questions and answers about the Universal Declaration] |
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* [http://www1.umn.edu/humanrts/instree/auol.htm WORLD CONFERENCES ON HUMAN RIGHTS AND MILLENNIUM DECLARATION] |
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*[http://www.americanrhetoric.com/speeches/eleanorrooseveltdeclarationhumanrights.htm Text, Audio, and Video excerpt of Eleanor Roosevelt's Address to the United Nations on the Universal Declaration of Human Rights] |
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*[http://www.nachrichtendienste.ch/THESIS_BY_MARCEL_STUESSI_SECRET_PERSONAL_DATA_GATHERING_.pdf Proposal for a Privacy Protection Guideline on Secret Personal Data Gathering and Transborder Flows of Such Data in the Fight against Terrorism and Serious Crime by Marcel Stuessi] |
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*[http://www.universalrights.net/main/educat.htm UDHR - Education] |
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*[http://www.envio.org.ni/articulo/1349 Revista Envío - A Declaration of Human Rights For the 21st Century] |
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*[http://collopy.net/writings/2006/libertarian_education.html#compulsory Educational Choice “on the Side of the Child”: Liberalism and Libertarian Education] |
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===Audiovisual Materials=== |
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* [http://librivox.org/the-universal-declaration-of-human-rights-by-the-united-nations/ Librivox: Human-read audio recordings in several Languages] |
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*[http://www.americanrhetoric.com/speeches/eleanorrooseveltdeclarationhumanrights.htm Text, Audio, and Video excerpt of Eleanor Roosevelt's Address to the United Nations on the Universal Declaration of Human Rights] |
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*[http://jp.youtube.com/watch?v=epVZrYbDVis Animated presentation of the Universal Declaration of Human Rights by Amnesty International, from Youtube] (English, 20 minutes and 23 seconds) |
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* [http://webcast.un.org/ramgen/ondemand/legal/audio/humanrights/dr_charles_malik-human_rights_06_nov_48.rm Audio: Statement by Charles Malik as Representative of Lebanon to the Third Committee of the UN General Assembly on the Universal Declaration, 6 November 1948.] |
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* [http://www.columbia.edu/ccnmtl/projects/mmt/udhr/ramfiles/udhr_045.ram UN Department of Public Information introduction to the drafters of the Declaration.] |
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* [http://www.un.org/law/AVLpilotproject/udhr_video.html UN video archives of speeches on adoption of the Declaration.] |
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* [http://www.youtube.com/results?search_query=human+rights+rrrt Videos introducing each article of the UDHR from RRRT Pacific.] |
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* [http://www.youtube.com/watch?v=ixjACBvv2mE Video add for UDHR article 1 from [[Youth for Human Rights International]].] |
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{{International human rights legal instruments}} |
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[[Category:1948 in Paris]] |
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[[af:Universele Verklaring van Menseregte]] |
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[[am:«የሰብዓዊ መብት አቀፋዊ መግለጽ»]] |
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[[ab:Ауаҩытәыҩса Изинқәа Зегьеицырзеиҧшу Адекларациа]] |
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[[ar:إعلان عالمي لحقوق الإنسان]] |
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[[arz:الاعلان العالمي لحقوق الانسان]] |
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[[ast:Declaración Universal de los Derechos Humanos]] |
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[[bs:Univerzalna deklaracija o ljudskim pravima]] |
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[[br:Disklêriadur Hollvedel Gwirioù Mab-den]] |
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[[bg:Всеобща декларация за правата на човека]] |
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[[ca:Declaració Universal dels Drets Humans]] |
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[[cs:Všeobecná deklarace lidských práv]] |
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[[da:FN's Verdenserklæring om Menneskerettighederne]] |
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[[fa:اعلامیه جهانی حقوق بشر]] |
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[[fr:Déclaration universelle des droits de l'homme]] |
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[[fy:Universele Ferklearring fan de Rjochten fan de Minske]] |
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[[fur:Declarazion universâl dai dirits dal om]] |
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[[ga:Dearbhú Uile-Choiteann Cearta an Duine]] |
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[[gl:Declaración Universal dos Dereitos Humanos]] |
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[[hi:मानव अधिकारों की सार्वभौम घोषणा]] |
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[[hr:Opća deklaracija o pravima čovjeka]] |
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[[io:Universala Deklaro di Homala Yuri]] |
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[[id:Pernyataan Umum tentang Hak-Hak Asasi Manusia]] |
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[[ia:Declaration Universal del Derectos Human]] |
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[[is:Mannréttindayfirlýsing Sameinuðu þjóðanna]] |
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[[it:Dichiarazione Universale dei Diritti Umani]] |
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[[he:ההכרזה לכל באי עולם בדבר זכויות האדם]] |
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[[ka:ადამიანის უფლებათა საყოველთაო დეკლარაცია]] |
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[[kk:Адам құқықтарының жалпыға бірдей декларациясы]] |
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[[sw:Tangazo kilimwengu la haki za binadamu]] |
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[[lv:Vispārējā cilvēktiesību deklarācija]] |
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[[lb:Universal-Deklaratioun vun de Mënscherechter]] |
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[[lt:Visuotinė žmogaus teisių deklaracija]] |
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[[li:Universeel Verklaoring van de Rechte van d'r Miensj]] |
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[[lg:Ekiwandiiko Eky'abantu Bonna Ekifa ku Ddembe Ly'obunto]] |
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[[mk:Декларација за правата на човекот]] |
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Latest revision as of 00:05, 5 September 2024
Universal Declaration of Human Rights | |
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![]() Eleanor Roosevelt holding the English language version of the Universal Declaration of Human Rights in November 1949 | |
![]() The human rights adopted by the United Nations General Assembly of its 183rd meeting, held in Paris on 10 December 1948 | |
Created | 1948 |
Ratified | 10 December 1948 |
Location | Palais de Chaillot, Paris |
Author(s) | Draft Committee[a] |
Purpose | Human rights |
Official website | |
un.org/udhr | |
Full text | |
![]() |
Rights |
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![]() |
Theoretical distinctions |
Human rights |
Rights by beneficiary |
Other groups of rights |
![](http://upload.wikimedia.org/wikipedia/commons/thumb/4/4c/Wikisource-logo.svg/38px-Wikisource-logo.svg.png)
The Universal Declaration of Human Rights (UDHR) is an international document adopted by the United Nations General Assembly that enshrines the rights and freedoms of all human beings. Drafted by a UN committee chaired by Eleanor Roosevelt, it was accepted by the General Assembly as Resolution 217 during its third session on 10 December 1948 at the Palais de Chaillot in Paris, France.[1] Of the 58 members of the United Nations at the time, 48 voted in favour, none against, eight abstained, and two did not vote.[2]
A foundational text in the history of human and civil rights, the Declaration consists of 30 articles detailing an individual's "basic rights and fundamental freedoms" and affirming their universal character as inherent, inalienable, and applicable to all human beings.[1] Adopted as a "common standard of achievement for all peoples and all nations", the UDHR commits nations to recognize all humans as being "born free and equal in dignity and rights" regardless of "nationality, place of residence, sex, national or ethnic origin, colour, religion, language, or any other status".[3]
The Declaration is generally considered to be a milestone document for its universalist language, which makes no reference to a particular culture, political system, or religion.[4][5][6] It directly inspired the development of international human rights law, and was the first step in the formulation of the International Bill of Human Rights, which was completed in 1966 and came into force in 1976. Although not legally binding, the contents of the UDHR have been elaborated and incorporated into subsequent international treaties, regional human rights instruments, and national constitutions and legal codes.[7][8][9]
All 193 member states of the United Nations have ratified at least one of the nine binding treaties influenced by the Declaration, with the vast majority ratifying four or more.[1] While there is a wide consensus that the declaration itself is non-binding and not part of customary international law, there is also a consensus in most countries that many of its provisions are part of customary law,[10][11] although courts in some nations have been more restrictive on its legal effect.[12][13] Nevertheless, the UDHR has influenced legal, political, and social developments on both the global and national levels, with its significance partly evidenced by its 530 translations.[14]
Structure and content
[edit]The underlying structure of the Universal Declaration was influenced by the Code Napoléon, including a preamble and introductory general principles.[15] Its final structure took form in the second draft prepared by French jurist René Cassin, who worked on the initial draft prepared by Canadian legal scholar John Peters Humphrey.
The Declaration consists of the following:
- The preamble sets out the historical and social causes that led to the necessity of drafting the Declaration.
- Articles 1–2 establish the basic concepts of dignity, liberty, and equality.
- Articles 3–5 establish other individual rights, such as the right to life and the prohibition of slavery and torture.
- Articles 6–11 refer to the fundamental legality of human rights with specific remedies cited for their defence when violated.
- Articles 12–17 set forth the rights of the individual towards the community, including freedom of movement and residence within each state, the right of property, the right to a nationality and right to asylum.
- Articles 18–21 sanction the so-called "constitutional liberties" and spiritual, public, and political freedoms, such as freedom of thought, opinion, expression, religion and conscience, word, peaceful association of the individual, and receiving and imparting information and ideas through any media.
- Articles 22–27 sanction an individual's economic, social and cultural rights, including healthcare. It upholds an expansive right to an adequate standard of living, and makes special mention of care given to those in motherhood or childhood.
- Articles 28–30 establish the general means of exercising these rights, the areas in which the rights of the individual cannot be applied, the duty of the individual to society, and the prohibition of the use of rights in contravention of the purposes of the United Nations Organization.[16]
Cassin compared the Declaration to the portico of a Greek temple, with a foundation, steps, four columns, and a pediment.[17] Articles 1 and 2—with their principles of dignity, liberty, equality and brotherhood—served as the foundation blocks. The seven paragraphs of the preamble, setting out the reasons for the Declaration, represent the steps leading up to the temple. The main body of the Declaration forms the four columns. The first column (articles 3–11) constitutes rights of the individual, such as the right to life and the prohibition of slavery. The second column (articles 12–17) constitutes the rights of the individual in civil and political society. The third column (articles 18–21) is concerned with spiritual, public, and political freedoms, such as freedom of religion and freedom of association. The fourth column (articles 22–27) sets out social, economic, and cultural rights. Finally, the last three articles provide the pediment which binds the structure together, as they emphasize the mutual duties of every individual to one another and to society.[17]
History
[edit]Background
[edit]![](http://upload.wikimedia.org/wikipedia/commons/thumb/e/e2/%22Freedom_from_Fear%22_-_NARA_-_513538.jpg/190px-%22Freedom_from_Fear%22_-_NARA_-_513538.jpg)
During World War II, the Allies—known formally as the United Nations—adopted as their basic war aims the Four Freedoms: freedom of speech, freedom of religion, freedom from fear, and freedom from want.[19][20] Towards the end of the war, the United Nations Charter was debated, drafted, and ratified to reaffirm "faith in fundamental human rights, and dignity and worth of the human person" and commit all member states to promote "universal respect for, and observance of, human rights and fundamental freedoms for all without distinction as to race, sex, language, or religion."[21] When the atrocities committed by Nazi Germany became fully apparent after the war, the consensus within the world community was that the UN Charter did not sufficiently define the rights to which it referred.[22][23] It was deemed necessary to create a universal declaration that specified the rights of individuals so as to give effect to the Charter's provisions on human rights.[24]
The drafting committee
[edit]In June 1946, the Economic and Social Council (ECOSOC)—a principal organ of the newly founded United Nations that is responsible for promoting human rights, created the Commission on Human Rights (CHR)—a standing body within the United Nations that was tasked with preparing what was initially conceived as an International Bill of Rights.[25] It had 18 members from various national, religious, and political backgrounds, so as to be representative of humanity.[26] In February 1947, the Commission established a special Universal Declaration of Human Rights Drafting Committee, chaired by Eleanor Roosevelt of the United States, to write the articles of the Declaration. Roosevelt, in her position, was key to the U.S. effort to encourage the General Assembly's adoption of a Universal Declaration of Human Rights.[27] The Committee met in two sessions over the course of two years[citation needed].
Canadian John Peters Humphrey, the newly appointed Director of the Division of Human Rights within the United Nations Secretariat, was called upon by the UN Secretary-General to work on the project, becoming the Declaration's principal drafter.[28][29] Other prominent members of the Drafting Committee included Vice-Chairman P.C. Chang of the Republic of China, René Cassin of France; and its Committee Rapporteur Charles Malik of Lebanon.[30] A month after its creation, the Drafting Committee was expanded to include representatives of Australia, Chile, France, the Soviet Union, and the United Kingdom, in addition to the inaugural members from China, France, Lebanon, and the United States.[31]
Creation and drafting
[edit]Humphrey is credited with devising the "blueprint" for the Declaration, while Cassin composed the first draft.[32] Both received considerable input from other members, each of whom reflected different professional and ideological backgrounds. The Declaration's pro-family phrases allegedly derived from Cassin and Malik, who were influenced by the Christian Democracy movement;[33] Malik, a Christian theologian, was known for appealing across religious lines, and cited the Summa Theologica, and studied the different Christian sects.[31] Chang urged removing all references to religion to make the document more universal, and used aspects of Confucianism to settle stalemates in negotiations.[34] Hernán Santa Cruz of Chile, an educator and judge, strongly supported the inclusion of socioeconomic rights, which had been opposed by some Western nations.[31] The members agreed that the philosophical debate centered between the opposing opinions of Chang and Malik, with Malik later singling out Chang when thanking the members, saying that there were too many to mention, but Chang's ideas impacted his own opinions in the making of the draft.[35][36][37]
In her memoirs, Roosevelt commented on the debates and discussions that informed the UDHR, describing one such exchange during the Drafting Committee's first session in June 1947:
Dr. Chang was a pluralist and held forth in charming fashion on the proposition that there is more than one kind of ultimate reality. The Declaration, he said, should reflect more than simply Western ideas and Dr. Humphrey would have to be eclectic in his approach. His remark, though addressed to Dr. Humphrey, was really directed at Dr. Malik, from whom it drew a prompt retort as he expounded at some length the philosophy of Thomas Aquinas. Dr. Humphrey joined enthusiastically in the discussion, and I remember that at one point Dr. Chang suggested that the Secretariat might well spend a few months studying the fundamentals of Confucianism![31]
In May 1948, roughly a year after its creation, the Drafting Committee held its second and final session, where it considered the comments and suggestions of member states and international bodies, principally the United Nations Conference on Freedom of Information, which took place the prior March and April; the Commission on the Status of Women, a body within ECOSOC that reported on the state of women's rights worldwide; and the Ninth International Conference of American States, held in Bogota, Colombia from March to May 1948, which adopted the South American-based American Declaration of the Rights and Duties of Man, the world's first general international human rights instrument.[38] Delegates and consultants from several United Nations bodies, international organizations, and nongovernmental organizations also attended and submitted suggestions.[39] It was also hoped that an International Bill of Human Rights with legal force could be drafted and submitted for adoption alongside the Declaration.[38]
The final draft
[edit]Upon the session's conclusion on 21 May 1948, the Committee submitted to the Commission on Human Rights a redrafted text of the "International Declaration of Human Rights" and the "International Covenant of Human Rights," which together would form an International Bill of Rights.[38] The redrafted Declaration was further examined and discussed by the Commission on Human Rights in its third session in Geneva 21 May through 18 June 1948.[40] The so-called "Geneva text" was circulated among member states and subject to several proposed amendments; for example, Hansa Mehta of India notably suggested that the Declaration assert that "all human beings are created equal," instead of "all men are created equal," to better reflect gender equality.[41]
Charles Theodore Te Water of South Africa fought very hard to have the word dignity removed from the declaration, saying that "dignity had no universal standard and that it was not a 'right'."[42] Te Water believed—correctly, as it turned out—that listing human dignity as a human right would lead to criticism of the apartheid system that had just been introduced by the new National Party government of South Africa.[42] Malik in response stated that Prime Minister Jan Smuts of South Africa had played an important role in drafting the United Nations Charter in 1945, and it was Smuts who inserted the word dignity as a human right into the charter.[42] Despite te Water's efforts, the word dignity was included in the declaration as a human right.[42]
Approval
[edit]With a vote of 12 in favour, none opposed, and four abstaining, the CHR approved the proposed Declaration, though was unable to examine the contents and implementation of the proposed Covenant.[43] The Commission forwarded the approved text of the Declaration, as well as the Covenant, to the Economic and Social Council for its review and approval during its seventh session in July and August 1948.[44] The Council adopted Resolution 151(VII) of 26 August 1948, transmitting the draft International Declaration of Human Rights to the UN General Assembly.[44]
The Third Committee of the General Assembly, which convened from 30 September to 7 December 1948 during the third session of the United Nations General Assembly, held 81 meetings concerning the draft Declaration, including debating and resolving 168 proposals for amendments by United Nations member states.[45][46] On its 178th meeting on 6 December, the Third Committee adopted the Declaration with 29 votes in favour, none opposed and seven abstentions.[45] The document was subsequently submitted to the wider General Assembly for its consideration on 9 and 10 December 1948.
Adoption
[edit]The Universal Declaration was adopted by the General Assembly as UN Resolution A/RES/217(III)[A] on 10 December 1948 in the Palais de Chaillot, Paris.[47][b] Of the 58 United Nations members at the time,[48] 48 voted in favour, none against, eight abstained,[49][50] and Honduras and Yemen failed to vote or abstain.[51]
Eleanor Roosevelt is credited with having been instrumental in mustering support for the Declaration's adoption, both in her native U.S. and across the world, owing to her ability to appeal to different and often opposing political blocs.[52]
The meeting record provides firsthand insight into the debate on the Declaration's adoption.[53] South Africa's position can be seen as an attempt to protect its system of apartheid, which clearly violated several articles in the Declaration.[49] Saudi Arabia's abstention was prompted primarily by two of the Declaration's articles: Article 18, which states that everyone has the right "to change his religion or belief", and Article 16, on equal marriage rights.[49] The abstentions by the six communist nations were explained by their claim that the Declaration did not go far enough in condemning fascism and national-socialism.[54] However, Eleanor Roosevelt felt that the reason for the abstentions was Article 13, which provided the right of citizens to leave their countries.[55] Other observers pin the Soviet bloc's opposition to the Declaration's "negative rights", such as provisions calling on governments not to violate certain civil and political rights.[52]
The British delegation, while voting in favour of the Declaration, expressed frustration that the proposed document had moral obligations but lacked legal force;[56] it would not be until 1976 that the International Covenant on Civil and Political Rights came into force, giving a legal status to most of the Declaration.
![](http://upload.wikimedia.org/wikipedia/commons/thumb/d/d2/Universal_declaration_of_human_rights_voters.svg/220px-Universal_declaration_of_human_rights_voters.svg.png)
Green countries: voted in favour;
Orange countries: abstained;
Black countries: failed to abstain or vote;
Grey countries: were not part of the UN at time of voting
The 48 countries that voted in favour of the Declaration are:[57]
Afghanistan
Argentina
Australia
Belgium
Bolivia
Brazil
Burma
Canada[a]
Chile
China
Colombia
Costa Rica
Cuba
Denmark
Dominican Republic
Ecuador
Egypt
El Salvador
Ethiopia
France
Greece
Guatemala
Haiti
Iceland
India
Iran
Iraq
Lebanon
Liberia
Luxembourg
Mexico
Netherlands
New Zealand
Nicaragua
Norway
Pakistan
Panama
Paraguay
Peru
Philippines
Siam
Sweden
Syria
Turkey
United Kingdom
United States
Uruguay
Venezuela
- a. ^ Despite the central role played by the Canadian John Peters Humphrey, the Canadian Government at first abstained from voting on the Declaration's draft, but later voted in favour of the final draft in the General Assembly.[58]
Eight countries abstained:[57]
Two countries did not vote:
Current UN member states, particularly in Africa gained sovereignty later, or in Europe and the Pacific were under administration due to the recently concluded World War II, joining the organization later, which accounts for the comparatively smaller number of states who participated in the historic vote.[59]
International Human Rights Day
[edit]![](http://upload.wikimedia.org/wikipedia/commons/thumb/b/be/Commemorating_Human_Rights_Day_2016_%2831513370855%29.jpg/220px-Commemorating_Human_Rights_Day_2016_%2831513370855%29.jpg)
10 December, the anniversary of the adoption of the Universal Declaration, is celebrated annually as World Human Rights Day or International Human Rights Day. The commemoration is observed by individuals, community and religious groups, human rights organizations, parliaments, governments, and the United Nations. Decadal commemorations are often accompanied by campaigns to promote awareness of the Declaration and of human rights in general. 2008 marked the 60th anniversary of the Declaration, and was accompanied by year-long activities around the theme "Dignity and justice for all of us".[60] Likewise, the 70th anniversary in 2018 was marked by the global #StandUpForHumanRights campaign, which targeted youth.[61]
Impact
[edit]Significance
[edit]At the time of the Declaration's adoption by the General Assembly in 1948, Eleanor Roosevelt said:[62]
In giving our approval to the declaration today, it is of primary importance that we keep clearly in mind the basic character of the document. It is not a treaty; it is not an international agreement. It is not and does not purport to be a statement of law or of legal obligation. It is a declaration of basic principles of human rights and freedoms, to be stamped with the approval of the General Assembly by formal vote of its members, and to serve as a common standard of achievement for all peoples of all nations.
The UDHR is considered groundbreaking for providing a comprehensive and universal set of principles in a secular, apolitical document that explicitly transcends cultures, religions, legal systems, and political ideologies.[6] Its claim to universality has been described as "boundlessly idealistic" and the "most ambitious feature".[63]
The Declaration was officially adopted as a bilingual document in English and French, with official translations in Chinese, Russian and Spanish, all of which are official working languages of the UN.[64] Due to its inherently universalist nature, the United Nations has made a concerted effort to translate the document into as many languages as possible, in collaboration with private and public entities and individuals.[65] In 1999, the Guinness Book of Records described the Declaration as the world's "Most Translated Document", with 298 translations; the record was once again certified a decade later when the text reached 370 different languages and dialects.[66][67] The UDHR achieved a milestone of over 500 translations in 2016, and as of 2024, has been translated into 562 languages,[68][69] remaining the most translated document.[70]
In its preamble, governments commit themselves and their people to progressive measures that secure the universal and effective recognition and observance of the human rights set out in the Declaration. Eleanor Roosevelt supported the adoption of the text as a declaration, rather than as a treaty, because she believed that it would have the same kind of influence on global society as the United States Declaration of Independence had within the United States.[citation needed] Even though it is not legally binding, the Declaration has been incorporated into or influenced most national constitutions since 1948. It has also served as the foundation for a growing number of national laws, international laws, and treaties, as well as for a growing number of regional, subnational, and national institutions protecting and promoting human rights. These kinds of measures focus on some principles that regard every culture/community especially when martial status take place or inheritance. In other words, every culture has its own norms and every individual is allowed to practice them unless he/she use them as a source of power.
The Declaration's all-encompassing provisions serve as a "yardstick" and point of reference by which countries' commitments to human rights are judged, such as through the treaty bodies and other mechanisms of various human rights treaties that monitor implementation.[52]
Legal effect
[edit]In international law, a declaration is distinct from a treaty in that it generally states aspirations or understandings among the parties, rather than binding obligations.[71] The Declaration was explicitly adopted to reflect and elaborate on the customary international law reflected in the "fundamental freedoms" and "human rights" referenced in the United Nations Charter, which is binding on all member states.[71] For this reason, the Universal Declaration of Human Rights is a fundamental constitutive document of the United Nations and, by extension, all 193 parties of the United Nations Charter.
Nevertheless, the status of the Declaration as a legally enforceable document varies widely around the world: some countries have incorporated it into their domestic laws, while other countries consider it merely a statement of ideals, with no binding provisions.[72]
Many international lawyers believe that the Declaration forms part of customary international law and is a powerful tool in applying diplomatic and moral pressure to governments that violate its articles.[73][74][75][76][77][78] One prominent international jurist described the UDHR as being "universally regarded as expounding generally accepted norms".[79] Other legal scholars have further argued that the Declaration constitutes jus cogens, fundamental principles of international law from which no state may deviate or derogate.[80] The 1968 United Nations International Conference on Human Rights advised that the Declaration "constitutes an obligation for the members of the international community" to all persons.[81]
The Declaration has served as the foundation for two binding United Nations human rights covenants: the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights. The principles of the Declaration are elaborated in other binding international treaties such as the International Convention on the Elimination of All Forms of Racial Discrimination, the International Convention on the Elimination of Discrimination Against Women, the United Nations Convention on the Rights of the Child, the United Nations Convention Against Torture, and many more. The Declaration continues to be widely cited by governments, academics, advocates, and constitutional courts, and by individuals who appeal to its principles for the protection of their recognized human rights.[82]
National law
[edit]According to a 2022 study, the UDHR "significantly accelerated the adoption of a particular set of [national] constitutional rights".[83] One scholar estimates that at least 90 national constitutions drafted since the Declaration's adoption in 1948 "contain statements of fundamental rights which, where they do not faithfully reproduce the provisions of the Universal Declaration, are at least inspired by it".[84] At least 20 African nations that attained independence in the decades immediately following 1948 explicitly referenced the UDHR in their constitutions.[84] As of 2014, the constitutions that still directly cite the Declaration are those of Afghanistan, Benin, Bosnia-Herzegovina, Burkina Faso, Burundi, Cambodia, Chad, Comoros, Côte d'Ivoire, Equatorial Guinea, Ethiopia, Democratic Republic of the Congo, Gabon, Guinea, Haiti, Mali, Mauritania, Nicaragua, Niger, Portugal, Romania, Rwanda, São Tomé and Príncipe, Senegal, Somalia, Spain, Togo, and Yemen.[84] Moreover, the constitutions of Portugal, Romania, São Tomé and Príncipe, and Spain compel their courts to "interpret" constitutional norms consistently with the Universal Declaration.[85]
Judicial and political figures in many nations have directly invoked the UDHR as an influence or inspiration on their courts, constitutions, or legal codes. Indian courts have ruled the Indian Constitution "[embodies] most of the articles contained in the Declaration".[86] Nations as diverse as Antigua, Chad, Chile, Kazakhstan, Saint Vincent and the Grenadines, and Zimbabwe have derived constitutional and legal provisions from the Declaration.[84] In some cases, specific provisions of the UDHR are incorporated or otherwise reflected in national law. The right to health or to protection of health is found in the constitutions of Belgium, Kyrgyzstan, Paraguay, Peru, Thailand, and Togo; constitutional obligations on the government to provide health services exist in Armenia, Cambodia, Ethiopia, Finland, South Korea, Kyrgyzstan, Paraguay, Thailand, and Yemen.[86]
A survey of U.S. cases through 1988 found five references to the Declaration by the United States Supreme Court; sixteen references by federal courts of appeal; twenty-four references by federal district courts; one reference by a bankruptcy court; and several references by five state courts.[87] Likewise, research conducted in 1994 identified 94 references to the Declaration by federal and state courts across the U.S.[88]
In 2004, the U.S. Supreme Court ruled in Sosa v. Alvarez-Machain that the Declaration "does not of its own force impose obligations as a matter of international law", and that the political branches of the U.S. federal government can "scrutinize" the nation's obligations to international instruments and their enforceability.[13] However, U.S. courts and legislatures may still use the Declaration to inform or interpret laws concerned with human rights,[89] a position shared by the courts of Belgium, the Netherlands, India, and Sri Lanka.[89]
Praise and support
[edit]The Universal Declaration has received praise from a number of notable activists, jurists, and political leaders. Lebanese philosopher and diplomat Charles Malik called it "an international document of the first order of importance",[90] while Eleanor Roosevelt—first chairperson of the Commission on Human Rights (CHR) that helped draft the Declaration—stated that it "may well become the international Magna Carta of all men everywhere".[91] At the 1993 United Nations World Conference on Human Rights, one of the largest international gatherings on human rights,[92] diplomats and officials representing 100 nations reaffirmed their governments' "commitment to the purposes and principles contained in the Charter of the United Nations and the Universal Declaration of Human Rights" and emphasized that the Declaration as "the source of inspiration and has been the basis for the United Nations in making advances in standard setting as contained in the existing international human rights instruments".[84] In a speech on 5 October 1995, Pope John Paul II called the Declaration "one of the highest expressions of the human conscience of our time", despite the Vatican never adopting it.[93] In a statement on 10 December 2003 on behalf of the European Union, Marcello Spatafora said that the Declaration "placed human rights at the centre of the framework of principles and obligations shaping relations within the international community".[94]
As a pillar of international human rights, the UDHR enjoys widespread support among international and nongovernmental organizations. The International Federation for Human Rights (FIDH), one of the oldest human rights organizations, has as its core mandate the promotion of the respect for all rights set out in the Declaration, the International Covenant on Civil and Political Rights, and the International Covenant on Economic, Social and Cultural Rights.[95][96] Amnesty International, the third oldest international human rights organization,[97] has regularly observed Human Rights Day and organized worldwide events to bring awareness and support of the UDHR.[98] Some organizations, such as the Quaker United Nations Office and the American Friends Service Committee have developed curriculum or programmes to educate young people on the UDHR.[99][100][101]
Specific provisions of the UDHR are cited or elaborated by interest groups in relation to their specific area of focus. In 1997, the council of the American Library Association (ALA) endorsed Articles 18 through 20 concerning freedoms of thought, opinion, and expression,[102] which were codified in the ALA Universal Right to Free Expression and the Library Bill of Rights.[103] The Declaration formed the basis of the ALA's claim that censorship, invasion of privacy, and interference of opinions are human rights violations.[104]
Criticism
[edit]Soviet Union and Marxism–Leninism
[edit]During the creation of the Universal Declaration of Human Rights the Soviet Union criticized not prioritizing social rights over individual rights and positive rights over negative rights enough according to Marxism–Leninism.[105]
Islam
[edit]![](http://upload.wikimedia.org/wikipedia/commons/thumb/c/c0/Map_of_Islam.svg/220px-Map_of_Islam.svg.png)
Most Muslim-majority countries that were then members of the United Nations signed the Declaration in 1948, including the kingdoms of Afghanistan, Egypt, and Iraq, Pahlavi Iran, and the First Syrian Republic; the Republic of Turkey, which had an overwhelmingly Muslim population but an officially secular government, also voted in favour.[106] Saudi Arabia was the sole abstainer on the Declaration among Muslim-majority countries, claiming that it violated the Islamic law (sharīʿa).[107][108] Pakistan, officially an Islamic state, signed the declaration and critiqued the Saudi position,[109] strongly arguing in favour of including freedom of religion as a fundamental human right of the UDHR.[110][full citation needed]
Moreover, some Muslim diplomats would later help draft other United Nations human rights treaties. For example, Iraq's representative to the United Nations, Bedia Afnan's insistence on wording that recognized gender equality resulted in Article 3 within the ICCPR and ICESCR, which, together with the UDHR, form the International Bill of Rights. Pakistani diplomat Shaista Suhrawardy Ikramullah influenced the drafting of the Declaration, especially with respect to women's rights, and played a role in the preparation of the 1951 Genocide Convention.[110]
In 1982, the Iranian diplomat to the United Nations, who represented the country's newly installed Islamic republic, stated that the Declaration was "a secular understanding of the Judeo-Christian tradition" that could not be implemented by Muslims without conflict with sharīʿa law.[111]
On 30 June 2000, member states of the Organisation of Islamic Cooperation, which represents most of the Muslim world,[citation needed] officially resolved to support the Cairo Declaration on Human Rights in Islam,[107][112] an alternative document that says people have "freedom and right to a dignified life in accordance with the Islamic Shari'ah", without any discrimination on grounds of "race, colour, language, sex, religious belief, political affiliation, social status or other considerations". The Cairo Declaration is widely acknowledged to be a response to the UDHR, and uses similar universalist language, albeit derived solely from Islamic jurisprudence (fiqh).[113]
Regarding the promulgation of the Cairo Declaration on Human Rights in Islam, T. Jeremy Gunn, Professor of Law and Political Science at the International University of Rabat in Morocco, has stated:
the twenty-two-member League of Arab States (Arab League)—each of whose members also belongs to the OIC and is majority-Muslim—created its own human rights instruments and institutions (based in Cairo) that set it apart from the international human rights regime. While the term "Arab" denotes an ethnicity and "Muslim" references a religion, all majority-Arab countries are also majority-Muslim countries, though the opposite does not hold. Indeed, the preponderance of Muslim-majority countries is not Arab. It has long been recognized that the Muslim-majority Arab world ranks particularly poorly with respect to human rights. According to the 2009 Arab Human Development Report, written by Arab experts for the United Nations Development Programme Regional Bureau for Arab States, "Arab states seem content to ratify certain international human rights treaties, but do not go so far as to recognize the role of international mechanisms in making human rights effective." [...] The resistance to implementation of international human rights standards in parts of the Muslim and Arab worlds is perhaps most salient with the panoply of rights related to religion. In terms of the UDHR, the core of the resistance is centered on issues of the right to freedom of thought, conscience, and religion (Article 18), prohibition of discrimination on the basis of religion (Article 2), and the prohibition of discrimination against women (preamble, Article 2, Article 16). The same resistance to universal standards, already present in the UDHR, continued in subsequent elaborations of human rights, including the International Covenant on Civil and Political Rights (ICCPR), the Convention on the Elimination of All Forms of Discrimination Against Women, the Convention on the Rights of the Child, and the 1981 Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief.[107]
A number of scholars in different fields have expressed concerns with the Declaration's alleged Western and secularist bias.[107] Abdulaziz Sachedina observes that Muslims broadly agree with the Declaration's universalist premise, which is shared by Islam, but differ on specific contents, which many find "insensitive to particular Muslim cultural values, especially when it comes to speaking about individual rights in the context of collective and family values in Muslim society".[114]: 50–51 However, he notes that most Muslim scholars, while opposing the inherently secular framework of the document, do respect and acknowledge some of its "foundations".[114]: 50–51 Sachedina further argues that many Christians similarly criticized the Declaration for allegedly reflecting a secular and liberal bias in opposition to certain religious values.[114]: 50–51
Kazakh religious scholars Galym Zhussipbek and Zhanar Nagayeva have argued that the rejection or failed implementation of human rights in Muslim-majority countries and their seeming incompatibility with sharīʿa law originates from the current "epistemological crisis of conservative Islamic scholarship and Muslim mind", rooted in the centuries-old confinement of a role for reason within strict limits, and in the disappearance of rationalistic discursive Islamic theology (kalām) as a dynamic science from the Muslim world.[115] Furthermore, they affirm the necessity of undertaking an epistemological reform in Islamic scholarship, which denotes the incorporation of international standards of human rights and justice into the epistemology and methodology of Islamic jurisprudence (usul al-fiqh).[115]
Riffat Hassan, a Pakistani-born American Islamic feminist scholar and Muslim theologian, has argued:
What needs to be pointed out to those who uphold the Universal Declaration of Human Rights to be the highest, or sole, model, of a charter of equality and liberty for all human beings, is that given the Western origin and orientation of this Declaration, the "universality" of the assumptions on which it is based is—at the very least—problematic and subject to questioning. Furthermore, the alleged incompatibility between the concept of human rights and religion in general, or particular religions such as Islam, needs to be examined in an unbiased way.[116]
Faisal Kutty, a Muslim Canadian human rights activist, opines that a "strong argument can be made that the current formulation of international human rights constitutes a cultural structure in which western society finds itself easily at home [...]. It is important to acknowledge and appreciate that other societies may have equally valid alternative conceptions of human rights."[117] Irene Oh, director of the peace studies programme at Georgetown University, has argued that Muslim reservations towards some provisions of the UDHR, and the broader debate about the document's secular and Western bias, could be resolved through mutual dialogue grounded in comparative descriptive ethics.[118]
"The Right to Refuse to Kill"
[edit]Groups such as Amnesty International[119] and War Resisters International[120] have advocated for "The Right to Refuse to Kill" to be added to the Universal Declaration, as has Seán MacBride, a former Assistant Secretary-General of the United Nations and Nobel Peace Prize laureate.[121] War Resisters International has stated that the right to conscientious objection to military service is primarily derived from Article 18 of the UDHR, which preserves the right to freedom of thought, conscience, and religion.[120] Some steps have been taken within the UN to make the right more explicit, with the Human Rights Council repeatedly affirming that Article 18 enshrines "the right of everyone to have conscientious objection to military service as a legitimate exercise of the right to freedom of thought, conscience and religion".[122][123]
American Anthropological Association
[edit]The American Anthropological Association criticized the UDHR during its drafting process, warning that its definition of universal rights reflected a Western paradigm that was unfair to non-Western nations. They further argued that the West's history of colonialism and evangelism made them a problematic moral representative for the rest of the world. They proposed three notes for consideration with underlying themes of cultural relativism:
- The individual realizes his personality through his culture, hence respect for individual differences entails a respect for cultural differences.
- Respect for differences between cultures is validated by the scientific fact that no technique of qualitatively evaluating cultures has been discovered.
- Standards and values are relative to the culture from which they derive so that any attempt to formulate postulates that grow out of the beliefs or moral codes of one culture must to that extent detract from the applicability of any Declaration of Human Rights to mankind as a whole.[124]
Bangkok Declaration
[edit]During the lead-up to the World Conference on Human Rights that was held in 1993, ministers from several Asian states adopted the Bangkok Declaration, which reaffirms their governments' commitment to the principles of the United Nations Charter and the Universal Declaration of Human Rights. They stated their belief that human rights are interdependent and indivisible, and stressed the need for universality, objectivity, and non-selectivity of human rights. However, at the same time, they emphasized the principles of sovereignty and non-interference, calling for greater emphasis upon economic, social, and cultural rights, and in particular, the right to economic development by establishing international collaboration directives between the signatories. The Bangkok Declaration is considered to be a landmark expression of Asian values with respect to human rights, which offers an extended critique of human rights universalism.[125]
See also
[edit]Non-binding agreements
[edit]- Racial Equality Proposal (1919)
- Cairo Declaration on Human Rights in Islam (1990)
- Vienna Declaration and Programme of Action (1993)
- United Nations Millennium Declaration (2000)
- Yogyakarta Principles (2006)
International human rights law
[edit]- Fourth Geneva Convention (1949)
- European Convention on Human Rights (1952)
- Convention Relating to the Status of Refugees (1951)
- Convention on the Elimination of All Forms of Racial Discrimination (1969)
- International Covenant on Civil and Political Rights (1976)
- International Covenant on Economic, Social and Cultural Rights (1976)
- Convention on the Elimination of All Forms of Discrimination Against Women (1981)
- Convention on the Rights of the Child (1990)
- Charter of Fundamental Rights of the European Union (2000)
- Convention on the Rights of Persons with Disabilities (2007)
Other
[edit]- Human trafficking
- Slavery in international law
- Slave Trade Acts
- LGBT rights
- Declaration on Great Apes, an as-yet unsuccessful effort to extend some human rights to other great apes
- United Nations Prize in the Field of Human Rights
- Consent of the governed
- The Farewell Sermon (632 CE)
- Right to education
Notes
[edit]- ^ Included John Peters Humphrey (Canada), René Cassin (France), P. C. Chang (Republic of China), Charles Malik (Lebanon), Hansa Mehta (India) and Eleanor Roosevelt (United States); see Creation and drafting section above.
- ^ United Nations headquarters in New York would not be complete until 1952, after which it became the permanent seat of the General Assembly.
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Bibliography
[edit]- Brown, Gordon (2016). The Universal Declaration of Human Rights in the 21st Century: A Living Document in a Changing World. Open Book Publishers. ISBN 978-1783742189.
- Glendon, Mary Ann (2002). A world made new: Eleanor Roosevelt and the Universal Declaration of Human Rights. Random House. ISBN 978-0375760464.
- Hashmi, Sohail H. (2002). Islamic political ethics: civil society, pluralism, and conflict. Princeton University Press. ISBN 978-0691113104.
- Holkebeer, Mieke (2004). "Out of the Crooked Timber of Humanity: Humanising Rights in South Africa". In Erik Doxtader; Charles Villa-Vicencio (eds.). To Repair the Irreparable Reparation and Reconstruction in South Africa. Cape Town: David Philip Publishers. pp. 149–165. ISBN 978-0864866189.
- Morsink, Johannes (1999). The Universal Declaration of Human Rights: origins, drafting, and intent. University of Pennsylvania Press. ISBN 978-0812217476.
- Price, Daniel E. (1999). Islamic political culture, democracy, and human rights: a comparative study. Greenwood Publishing Group. ISBN 978-0275961879.
- Williams, Paul (1981). The International bill of human rights. United Nations General Assembly. Entwhistle Books. ISBN 978-0934558075.
Further reading
[edit]- Feldman, Jean-Philippe (December 1999). "Hayek's Critique of the Universal Declaration of Human Rights". Journal des Économistes et des Études Humaines. 9 (4). doi:10.2202/1145-6396.1172.
- Nurser, John. "For All Peoples and All Nations. Christian Churches and Human Rights.". (Geneva: WCC Publications, 2005).
- Universal Declaration of Human Rights pages at Columbia University (Centre for the Study of Human Rights), including article by article commentary, video interviews, discussion of meaning, drafting and history.
- Introductory note by Antônio Augusto Cançado Trindade and procedural history on the Universal Declaration of Human Rights in the Historic Archives of the United Nations Audiovisual Library of International Law
External links
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- Text of the UDHR
- Official translations of the UDHR
- Resource Guide on the Universal Declaration of Human Rights at the UN Library, Geneva.
- Drafting of the Universal Declaration of Human Rights – documents and meetings records – United Nations Dag Hammarskjöld Library
- Making the Universal Declaration At the 75th anniversary, 2023
- Questions and answers about the Universal Declaration
- Text, Audio, and Video excerpt of Eleanor Roosevelt's Address to the United Nations on the Universal Declaration of Human Rights
- UDHR – Education
- UDHR in Unicode
- Revista Envío – A Declaration of Human Rights For the 21st Century
- Introductory note by Antônio Augusto Cançado Trindade and procedural history note on the Universal Declaration of Human Rights in the Historic Archives of the United Nations Audiovisual Library of International Law
- The Laws of Burgos: 500 Years of Human Rights from the Law Library of Congress blog.
Audiovisual materials
[edit]- UDHR Audio/Video Project (recordings in 500+ languages by native speakers)
- Universal Declaration of Human Rights recorded in multiple languages at LibriVox (public domain audiobooks)
- Text, Audio, and Video excerpt of Eleanor Roosevelt's Address to the United Nations on the Universal Declaration of Human Rights at AmericanRhetoric.com
- Animated presentation of the Universal Declaration of Human Rights by Amnesty International on YouTube (in English duration 20 minutes and 23 seconds).
- Audio: Statement by Charles Malik as Representative of Lebanon to the Third Committee of the UN General Assembly on the Universal Declaration, 6 November 1948
- UN Department of Public Information introduction to the drafters of the Declaration
- Audiovisual material on the Universal Declaration of Human Rights in the Historic Archives of the United Nations Audiovisual Library of International Law