3. Universal Declaration of Human Rights
(UDHR)
The concept of inalienable rights and fundamental freedoms is not new;
nonetheless, the social and political setting of the mid-twentieth century was
unique and left an eternal impact on the development of human rights.
At a time when society was undergoing significant changes, the concept of
human rights was also compelled to shift as well.
Following the end of World War II, the destruction inevitably shed light on
human rights issues, bringing those concerns to the forefront in the postwar
era.
The Universal Declaration of Human Rights (UDHR) adopted by the United
Nations General Assembly, is an international declaration that establishes all
human beings’ rights and freedoms. It was adopted by the General Assembly
on December 10, 1948, at the Palais de Chaillot in Paris, France, after being
drafted by a UN committee directed by Eleanor Roosevelt.
The UDHR is a foundational text in the history of human and civil rights,
consisting of 30 articles in it. Although the declaration is not legally
enforceable, the rights are inscribed in the constitutions and national legislation
of many countries.
4. Universal Declaration of Human Rights (UDHR)
OVERVIEW OF THE CASE :
In addition, the Universal Declaration of Human Rights has given rise to several
international treaties that are binding on the countries that ratify them. These
include:
The International Covenant on Civil and Political Rights (ICCPR)
The International Covenant on Economic, Social, and Cultural Rights (ICESCR)
Other legally binding agreements that expand on the rights enshrined in the
Universal Declaration of Human Rights include:
The Convention on the Elimination of All Forms of Racial Discrimination, 1965
DRC founded the jurisdiction of the Court on the declarations of acceptance of the compulsory
jurisdiction of the Court made by the two States.
On 19 June 2000, the DRC filed a Request for the indication of provisional measures to put a stop to all
military activity and violations of human rights and of the sovereignty of the DRC by Uganda.
On 1 July 2000, the Court ordered each of the two Parties to prevent and refrain from any armed action
which might prejudice the rights of the other Party or aggravate the dispute, to take all measures
necessary to comply with all of their obligations under international law and also to ensure full respect
for fundamental human rights and for the applicable provisions of humanitarian law
5. UDHR contents & Significance
Significance of the Universal
Declaration of Human Rights
The UDHR is widely regarded as a
groundbreaking document that provides
a comprehensive and universal set of
principles in a secular, apolitical
document that is beyond cultural,
religious and political ideologies
The Declaration was the first
instrument of international law to
use the phrase “rule of law”, thereby
establishing the principle that all
members of all societies are equally
bound by the law regardless of the
jurisdiction or political system.
In International law, a declaration
is different from a treaty in the
sense that it generally states
aspiration or understanding among the
parties, rather than binding
obligations.
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 UN Charter.
Universal Declaration of Human Rights – UPSC Notes
Articles 1 – 2 The basic concepts of dignity, liberty and equality are established.
Articles 3 – 5 Details of individual rights, such as the right to life and prohibition of slavery are
explained in detail.
Articles 6 – 11 Refers to the fundamental rights as well as the remedies for their violation.
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 and the right to a
nationality.
Articles 18 – 21 These sets of articles refer to the rights of the individual towards the community,
including freedom of movement, thought, opinion, expression, religion, peaceful
association and ideas through any media.
Articles 22 – 27 Sanctions an individual’s economic, social and cultural rights including healthcare.
It also upholds the right to a better standard of living and makes a special mention
of care given to motherhood or childhood.
Articles 28 – 30 It establishes the general means of exercising these rights, the areas in which the
rights of the individual cannot be applied.
The Declaration consists of the following:
6. UDHR contents
Article 1: Free and equal
Article 2: Freedom from
discrimination
Article 3: Right to life
Article 4: Freedom from
slavery
Article 5: Freedom from
torture
Article 6: Right to
recognition before the law
Article 7: Right to equality
before the law
Article 8: Access to justice
Article 9: Freedom from
arbitrary detention
Article 10: Right to a fair
trial
Article 11: Presumption of
innocence
Article 12: Right to
privacy
Article 13: Freedom of
movement
Article 14: Right to asylum
Article 15: Right to nationality
Article 16: Right to marriage and to found a
family
Article 17: Right to own property
Article 18: Freedom of religion or belief
Article 19: Freedom of Expression
Article 20: Freedom of assembly
Article 21: Right to take part in public affairs
Article 22: Right to social security
Article 23: Right to work
Article 24: Right to leisure and rest
Article 25: Right to an adequate standard of
living
Article 26: Right to education
Article 27: Right to take part in the cultural,
artistic, and scientific life
Article 28: Right to a free and fair world
Article 29: Duty to your community
Article 30: Rights are inalienable
The Declaration consists of the following:
7. In a world where human rights enforcement is still a challenge in both
developed and developing countries, the Universal Declaration of Human
Rights (UDHR) serves as a lighthouse for the international community on the
standards that should be set for the protection and promotion of human rights.
The Universal Declaration of Human Rights marked the beginning of a new
era of hope for respect for all people’s inherent equality and dignity.
It paved the way for the drafting of international human rights treaties and the
formation of several human rights organisations.
It gave greater legitimacy to the subject of human rights around the world,
putting it firmly on the agendas of both national governments and the
international community.
Conclusion
