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 The United Nations General Assembly (UNGA or GA; , AGNU or AG) is one of the six principal organs of the United Nations (UN), serving as its main deliberative, policymaking, and representative organ. Currently in its Seventy-ninth session of th ...
that enshrines the rights and freedoms of all human beings. Drafted by a UN
committee A committee or commission is a body of one or more persons subordinate to a deliberative assembly or other form of organization. A committee may not itself be considered to be a form of assembly or a decision-making body. Usually, an assembly o ...
chaired by
Eleanor Roosevelt Anna Eleanor Roosevelt ( ; October 11, 1884November 7, 1962) was an American political figure, diplomat, and activist. She was the longest-serving First Lady of the United States, first lady of the United States, during her husband Franklin D ...
, 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. Of the 58 members of the
United Nations The United Nations (UN) is the Earth, global intergovernmental organization established by the signing of the Charter of the United Nations, UN Charter on 26 June 1945 with the stated purpose of maintaining international peace and internationa ...
at the time, 48 voted in favour, none against, eight abstained, and two did not vote. A foundational text in the history of human and civil rights, the Declaration consists of 30 articles detailing an individual's "basic
rights Rights are law, legal, social, or ethics, ethical principles of freedom or Entitlement (fair division), entitlement; that is, rights are the fundamental normative rules about what is allowed of people or owed to people according to some legal sy ...
and fundamental freedoms" and affirming their universal character as inherent, inalienable, and applicable to all human beings. 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". 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. It directly inspired the development of
international human rights law International human rights law (IHRL) is the body of international law designed to promote human rights on social, regional, and domestic levels. As a form of international law, international human rights law is primarily made up of treaties, ag ...
, and was the first step in the formulation of the
International Bill of Human Rights The International Bill of Human Rights was the name given tUN General Assembly Resolution 217 (III)and two international treaties established by the United Nations. It consists of the Universal Declaration of Human Rights (adopted in 1948), the In ...
, 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 Human rights are universally recognized Morality, moral principles or Social norm, norms that establish standards of human behavior and are often protected by both Municipal law, national and international laws. These rights are considered ...
instruments, and national
constitution A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organization or other type of entity, and commonly determines how that entity is to be governed. When these pri ...
s and legal codes. 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. While there is a wide consensus that the declaration itself is non-binding and not part of
customary international law Customary international law consists of international legal obligations arising from established or usual international practices, which are less formal customary expectations of behavior often unwritten as opposed to formal written treaties or c ...
, there is also a consensus in most countries that many of its provisions are part of
customary law A legal custom is the established pattern of behavior within a particular social setting. A claim can be carried out in defense of "what has always been done and accepted by law". Customary law (also, consuetudinary or unofficial law) exists wher ...
, although courts in some nations have been more restrictive in interpreting its legal effect.''Sosa v. Alvarez-Machain'', 542 U.S. 692, 734 (2004). 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.


Structure and content

The underlying structure of the Universal Declaration was influenced by the ''
Code Napoléon The Napoleonic Code (), officially the Civil Code of the French (; simply referred to as ), is the French civil code established during the French Consulate in 1804 and still in force in France, although heavily and frequently amended since it ...
'', including a
preamble A preamble () is an introductory and expressionary statement in a document that explains the document's purpose and underlying philosophy. When applied to the opening paragraphs of a statute, it may recite historical facts pertinent to the su ...
and introductory general principles. 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 The right to life is the belief that a human (or other animal) has the right to live and, in particular, should not be killed by another entity. The concept of a right to life arises in debates on issues including: capital punishment, with some ...
and the prohibition of
slavery Slavery is the ownership of a person as property, especially in regards to their labour. Slavery typically involves compulsory work, with the slave's location of work and residence dictated by the party that holds them in bondage. Enslavemen ...
and
torture Torture is the deliberate infliction of severe pain or suffering on a person for reasons including corporal punishment, punishment, forced confession, extracting a confession, interrogational torture, interrogation for information, or intimid ...
. * 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 Freedom of movement, mobility rights, or the right to travel is a human rights concept encompassing the right of individuals to travel from place to place within the territory of a country,Jérémiee Gilbert, ''Nomadic Peoples and Human Rights'' ...
and residence within each state, the right of
property Property is a system of rights that gives people legal control of valuable things, and also refers to the valuable things themselves. Depending on the nature of the property, an owner of property may have the right to consume, alter, share, re ...
, the right to a
nationality Nationality is the legal status of belonging to a particular nation, defined as a group of people organized in one country, under one legal jurisdiction, or as a group of people who are united on the basis of culture. In international law, n ...
and right to asylum. * Articles 18–21 sanction the so-called "constitutional liberties" and spiritual, public, and political freedoms, such as
freedom of thought Freedom of thought is the freedom of an individual to hold or consider a fact, viewpoint, or thought, independent of others' viewpoints. Overview Every person attempts to have a cognitive proficiency by developing knowledge, concepts, theo ...
, opinion, expression,
religion Religion is a range of social system, social-cultural systems, including designated religious behaviour, behaviors and practices, morals, beliefs, worldviews, religious text, texts, sanctified places, prophecies, ethics in religion, ethics, or ...
and
conscience A conscience is a Cognition, cognitive process that elicits emotion and rational associations based on an individual's ethics, moral philosophy or value system. Conscience is not an elicited emotion or thought produced by associations based on i ...
, 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 Health care, or healthcare, is the improvement or maintenance of health via the preventive healthcare, prevention, diagnosis, therapy, treatment, wikt:amelioration, amelioration or cure of disease, illness, injury, and other disability, physic ...
. It upholds an expansive
right to an adequate standard of living The right to an adequate standard of living is listed as part of the Universal Declaration of Human Rights that was accepted by the General Assembly of the United Nations on December 10, 1948.United Nations''Universal Declaration of Human Rights ...
, 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. Cassin compared the Declaration to the
portico A portico is a porch leading to the entrance of a building, or extended as a colonnade, with a roof structure over a walkway, supported by columns or enclosed by walls. This idea was widely used in ancient Greece and has influenced many cu ...
of a Greek temple, with a foundation, steps, four columns, and a
pediment Pediments are a form of gable in classical architecture, usually of a triangular shape. Pediments are placed above the horizontal structure of the cornice (an elaborated lintel), or entablature if supported by columns.Summerson, 130 In an ...
. Articles 1 and 2—with their principles of dignity, liberty, equality and brotherhood—serve 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. The final three articles provide the "
pediment Pediments are a form of gable in classical architecture, usually of a triangular shape. Pediments are placed above the horizontal structure of the cornice (an elaborated lintel), or entablature if supported by columns.Summerson, 130 In an ...
" which binds the structure together, as they emphasize the mutual duties of every individual to one another and to society. Charles Malik, the Lebanese representative on the drafting commission, pointed out the need for an article on the right or popular entitlement to "a social and international order in which the rights and freedoms set forth in this Declaration can be fully realised", which became Article 28.


History


Background

During
World War II World War II or the Second World War (1 September 1939 – 2 September 1945) was a World war, global conflict between two coalitions: the Allies of World War II, Allies and the Axis powers. World War II by country, Nearly all of the wo ...
, the Allies—known formally as the United Nations—adopted as their basic war aims the Four Freedoms:
freedom of speech Freedom of speech is a principle that supports the freedom of an individual or a community to articulate their opinions and ideas without fear of retaliation, censorship, or legal sanction. The rights, right to freedom of expression has been r ...
,
freedom of religion Freedom of religion or religious liberty, also known as freedom of religion or belief (FoRB), is a principle that supports the freedom of an individual or community, in public or private, to manifest religion or belief in teaching, practice ...
,
freedom from fear Freedom from fear is listed as a fundamental human right according to The Universal Declaration of Human Rights, adopted in 1948. On January 6, 1941, United States President of the United States, President Franklin D. Roosevelt called it one of t ...
, and
freedom from want The right to an adequate standard of living is listed as part of the Universal Declaration of Human Rights that was accepted by the General Assembly of the United Nations on December 10, 1948.United Nations''Universal Declaration of Human Right ...
.Bodnar, John, The "Good War" in American Memory. (Maryland:
Johns Hopkins University Press Johns Hopkins University Press (also referred to as JHU Press or JHUP) is the publishing division of Johns Hopkins University. It was founded in 1878 and is the oldest continuously running university press in the United States. The press publi ...
, 2010) 11
Towards the end of the war, the
United Nations Charter The Charter of the United Nations is the foundational treaty of the United Nations (UN). It establishes the purposes, governing structure, and overall framework of the United Nations System, UN system, including its United Nations System#Six ...
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". When the atrocities committed by
Nazi Germany Nazi Germany, officially known as the German Reich and later the Greater German Reich, was the German Reich, German state between 1933 and 1945, when Adolf Hitler and the Nazi Party controlled the country, transforming it into a Totalit ...
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. 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 Human rights are universally recognized Morality, moral principles or Social norm, norms that establish standards of human behavior and are often protected by both Municipal law, national and international laws. These rights are considered ...
.


The drafting committee

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. It had 18 members from various national, religious, and political backgrounds, so as to be representative of humanity. In February 1947, the Commission established a special Universal Declaration of Human Rights Drafting Committee, chaired by
Eleanor Roosevelt Anna Eleanor Roosevelt ( ; October 11, 1884November 7, 1962) was an American political figure, diplomat, and activist. She was the longest-serving First Lady of the United States, first lady of the United States, during her husband Franklin D ...
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. The Committee met in two sessions over the course of two years. 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 The secretary-general of the United Nations (UNSG or UNSECGEN) is the chief administrative officer of the United Nations and head of the United Nations Secretariat, one of the United Nations System#Six principal organs, six principal organs of ...
to work on the project, becoming the Declaration's principal drafter. Other prominent members of the Drafting Committee included Vice-Chairman P.C. Chang of the
Republic of China Taiwan, officially the Republic of China (ROC), is a country in East Asia. The main geography of Taiwan, island of Taiwan, also known as ''Formosa'', lies between the East China Sea, East and South China Seas in the northwestern Pacific Ocea ...
, René Cassin of France; and its Committee Rapporteur Charles Malik of
Lebanon Lebanon, officially the Republic of Lebanon, is a country in the Levant region of West Asia. Situated at the crossroads of the Mediterranean Basin and the Arabian Peninsula, it is bordered by Syria to the north and east, Israel to the south ...
.The Declaration was drafted during the
Chinese Civil War The Chinese Civil War was fought between the Kuomintang-led Nationalist government, government of the Republic of China (1912–1949), Republic of China and the forces of the Chinese Communist Party (CCP). Armed conflict continued intermitt ...
. P.C. Chang was appointed as a representative by the
Republic of China Taiwan, officially the Republic of China (ROC), is a country in East Asia. The main geography of Taiwan, island of Taiwan, also known as ''Formosa'', lies between the East China Sea, East and South China Seas in the northwestern Pacific Ocea ...
, then the recognised government of China, but which was driven from
mainland China "Mainland China", also referred to as "the Chinese mainland", is a Geopolitics, geopolitical term defined as the territory under direct administration of the People's Republic of China (PRC) in the aftermath of the Chinese Civil War. In addit ...
and now administers only
Taiwan Taiwan, officially the Republic of China (ROC), is a country in East Asia. The main geography of Taiwan, island of Taiwan, also known as ''Formosa'', lies between the East China Sea, East and South China Seas in the northwestern Pacific Ocea ...
and nearby islands
history.com
.
A month after its creation, the Drafting Committee was expanded to include representatives of Australia, Chile, France, the Soviet Union, and the
United Kingdom The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Northwestern Europe, off the coast of European mainland, the continental mainland. It comprises England, Scotlan ...
, in addition to the inaugural members from
China China, officially the People's Republic of China (PRC), is a country in East Asia. With population of China, a population exceeding 1.4 billion, it is the list of countries by population (United Nations), second-most populous country after ...
,
France France, officially the French Republic, is a country located primarily in Western Europe. Overseas France, Its overseas regions and territories include French Guiana in South America, Saint Pierre and Miquelon in the Atlantic Ocean#North Atlan ...
,
Lebanon Lebanon, officially the Republic of Lebanon, is a country in the Levant region of West Asia. Situated at the crossroads of the Mediterranean Basin and the Arabian Peninsula, it is bordered by Syria to the north and east, Israel to the south ...
, and the
United States The United States of America (USA), also known as the United States (U.S.) or America, is a country primarily located in North America. It is a federal republic of 50 U.S. state, states and a federal capital district, Washington, D.C. The 48 ...
.


Creation and drafting

Humphrey is credited with devising the "blueprint" for the Declaration, while Cassin composed the first draft. 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; Malik, a Christian theologian, was known for appealing across religious lines; he cited the
Summa Theologica The ''Summa Theologiae'' or ''Summa Theologica'' (), often referred to simply as the ''Summa'', is the best-known work of Thomas Aquinas (1225–1274), a scholastic theologian and Doctor of the Church. It is a compendium of all of the main t ...
of
Thomas Aquinas Thomas Aquinas ( ; ; – 7 March 1274) was an Italian Dominican Order, Dominican friar and Catholic priest, priest, the foremost Scholasticism, Scholastic thinker, as well as one of the most influential philosophers and theologians in the W ...
, and studied the different Christian sects. Chang urged removing all references to religion to make the document more universal, and used aspects of Confucianism to settle stalemates in negotiations. Hernán Santa Cruz of Chile, an educator and judge, strongly supported the inclusion of socioeconomic rights, which had been opposed by some Western nations. 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. 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 Thomas Aquinas ( ; ; – 7 March 1274) was an Italian Dominican Order, Dominican friar and Catholic priest, priest, the foremost Scholasticism, Scholastic thinker, as well as one of the most influential philosophers and theologians in the W ...
. 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!
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 American Declaration of the Rights and Duties of Man, also known as the Bogota Declaration, was the world's first international human rights instrument of a general nature, predating the Universal Declaration of Human Rights by less than a y ...
, the world's first general
international human rights instrument International human rights instruments are the treaties and other international texts that serve as legal sources for international human rights law and the protection of human rights in general. There are many varying types, but most can be clas ...
. Delegates and consultants from several United Nations bodies, international organizations, and nongovernmental organizations also attended and submitted suggestions. It was also hoped that an International Bill of Human Rights with legal force could be drafted and submitted for adoption alongside the Declaration.


The final draft

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. 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. 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. 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'". 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. Malik in response stated that Prime Minister
Jan Smuts Field Marshal Jan Christian Smuts, (baptismal name Jan Christiaan Smuts, 24 May 1870 11 September 1950) was a South African statesman, military leader and philosopher. In addition to holding various military and cabinet posts, he served as P ...
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. Despite te Water's efforts, the word dignity was included in the declaration as a human right.


Approval

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. 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. The Council adopted Resolution 151(VII) of 26 August 1948, transmitting the draft International Declaration of Human Rights to the UN General Assembly. 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. On its 178th meeting on 6 December, the Third Committee adopted the Declaration with 29 votes in favour, none opposed and seven abstentions. The document was subsequently submitted to the wider General Assembly for its consideration on 9 and 10 December 1948.


Adoption

The Universal Declaration was adopted by the General Assembly as UN Resolution A/RES/217(III) on 10 December 1948 in the Palais de Chaillot, Paris.United Nations headquarters in New York would not be complete until 1952, after which it became the permanent seat of the General Assembly. Of the 58 United Nations members at the time, 48 voted in favour, none against, eight abstained, and
Honduras Honduras, officially the Republic of Honduras, is a country in Central America. It is bordered to the west by Guatemala, to the southwest by El Salvador, to the southeast by Nicaragua, to the south by the Pacific Ocean at the Gulf of Fonseca, ...
and
Yemen Yemen, officially the Republic of Yemen, is a country in West Asia. Located in South Arabia, southern Arabia, it borders Saudi Arabia to Saudi Arabia–Yemen border, the north, Oman to Oman–Yemen border, the northeast, the south-eastern part ...
failed to vote or abstain. 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. The meeting record provides firsthand insight into the debate on the Declaration's adoption.
South Africa South Africa, officially the Republic of South Africa (RSA), is the Southern Africa, southernmost country in Africa. Its Provinces of South Africa, nine provinces are bounded to the south by of coastline that stretches along the Atlantic O ...
's position can be seen as an attempt to protect its system of apartheid, which clearly violated several articles in the Declaration.
Saudi Arabia Saudi Arabia, officially the Kingdom of Saudi Arabia (KSA), is a country in West Asia. Located in the centre of the Middle East, it covers the bulk of the Arabian Peninsula and has a land area of about , making it the List of Asian countries ...
'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. 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. However,
Eleanor Roosevelt Anna Eleanor Roosevelt ( ; October 11, 1884November 7, 1962) was an American political figure, diplomat, and activist. She was the longest-serving First Lady of the United States, first lady of the United States, during her husband Franklin D ...
felt that the reason for the abstentions was Article 13, which provided the right of citizens to leave their countries. Other observers pin the Soviet bloc's opposition to the Declaration's "
negative rights Negative and positive rights are rights that oblige either inaction (''negative rights'') or action (''positive rights''). These obligations may be of either a legal or moral character. The notion of positive and negative rights may also be ap ...
", such as provisions calling on governments not to violate certain civil and political rights. The
British British may refer to: Peoples, culture, and language * British people, nationals or natives of the United Kingdom, British Overseas Territories and Crown Dependencies. * British national identity, the characteristics of British people and culture ...
delegation, while voting in favour of the Declaration, expressed frustration that the proposed document had moral obligations but lacked legal force; it would not be until 1976 that the
International Covenant on Civil and Political Rights The International Covenant on Civil and Political Rights (ICCPR) is a multilateral treaty that commits nations to respect the civil and political rights of individuals, including the right to life, freedom of religion, freedom of speech, freedom ...
came into force, giving a legal status to most of the Declaration. The 48 countries that voted in favour of the Declaration are: with group=lower-alpha was used in the infobox, and is not expected to be displayed until the Notes section is encountered below --> *
Chile Chile, officially the Republic of Chile, is a country in western South America. It is the southernmost country in the world and the closest to Antarctica, stretching along a narrow strip of land between the Andes, Andes Mountains and the Paci ...
* *
Colombia Colombia, officially the Republic of Colombia, is a country primarily located in South America with Insular region of Colombia, insular regions in North America. The Colombian mainland is bordered by the Caribbean Sea to the north, Venezuel ...
*
Costa Rica Costa Rica, officially the Republic of Costa Rica, is a country in Central America. It borders Nicaragua to the north, the Caribbean Sea to the northeast, Panama to the southeast, and the Pacific Ocean to the southwest, as well as Maritime bo ...
* * *
Dominican Republic The Dominican Republic is a country located on the island of Hispaniola in the Greater Antilles of the Caribbean Sea in the Atlantic Ocean, North Atlantic Ocean. It shares a Maritime boundary, maritime border with Puerto Rico to the east and ...
* * *
El Salvador El Salvador, officially the Republic of El Salvador, is a country in Central America. It is bordered on the northeast by Honduras, on the northwest by Guatemala, and on the south by the Pacific Ocean. El Salvador's capital and largest city is S ...
* * * *
Guatemala Guatemala, officially the Republic of Guatemala, is a country in Central America. It is bordered to the north and west by Mexico, to the northeast by Belize, to the east by Honduras, and to the southeast by El Salvador. It is hydrologically b ...
* * * * * * *
Liberia Liberia, officially the Republic of Liberia, is a country on the West African coast. It is bordered by Sierra Leone to Liberia–Sierra Leone border, its northwest, Guinea to Guinea–Liberia border, its north, Ivory Coast to Ivory Coast–Lib ...
* * * * *
Nicaragua Nicaragua, officially the Republic of Nicaragua, is the geographically largest Sovereign state, country in Central America, comprising . With a population of 7,142,529 as of 2024, it is the third-most populous country in Central America aft ...
* * * *
Paraguay Paraguay, officially the Republic of Paraguay, is a landlocked country in South America. It is bordered by Argentina to the Argentina–Paraguay border, south and southwest, Brazil to the Brazil–Paraguay border, east and northeast, and Boli ...
* *
Philippines The Philippines, officially the Republic of the Philippines, is an Archipelagic state, archipelagic country in Southeast Asia. Located in the western Pacific Ocean, it consists of List of islands of the Philippines, 7,641 islands, with a tot ...
* Siam * * *
Turkey Turkey, officially the Republic of Türkiye, is a country mainly located in Anatolia in West Asia, with a relatively small part called East Thrace in Southeast Europe. It borders the Black Sea to the north; Georgia (country), Georgia, Armen ...
* * * * : Eight countries abstained: Two countries did not vote: * * Current UN member states, particularly in Africa, gained sovereignty later, and many nations in Europe and the Pacific were under administration due to the recently concluded
World War II World War II or the Second World War (1 September 1939 – 2 September 1945) was a World war, global conflict between two coalitions: the Allies of World War II, Allies and the Axis powers. World War II by country, Nearly all of the wo ...
, which accounts for the comparatively smaller number of states who participated in the historic vote.


International Human Rights Day

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 The United Nations (UN) is the Earth, global intergovernmental organization established by the signing of the Charter of the United Nations, UN Charter on 26 June 1945 with the stated purpose of maintaining international peace and internationa ...
. 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". Likewise, the 70th anniversary in 2018 was marked by the global ''#StandUpForHumanRights'' campaign, which targeted youth.


Impact


Significance

At the time of the Declaration's adoption by the General Assembly in 1948, Eleanor Roosevelt said: 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. Its claim to universality has been described as "boundlessly idealistic" and the "most ambitious feature". The Declaration was officially adopted as a French document, with official translations in English, Chinese, Russian and Spanish, all of which are official working languages of the UN. 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. In 1999, the ''
Guinness Book of Records ''Guinness World Records'', known from its inception in 1955 until 1999 as ''The Guinness Book of Records'' and in previous United States editions as ''The Guinness Book of World Records'', is a British reference book published annually, listi ...
'' 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. The UDHR achieved a milestone of over 500 translations in 2016, and as of 2024, has been translated into 562 languages, remaining the most translated document. 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 Anna Eleanor Roosevelt ( ; October 11, 1884November 7, 1962) was an American political figure, diplomat, and activist. She was the longest-serving First Lady of the United States, first lady of the United States, during her husband Franklin D ...
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 The Declaration of Independence, formally The unanimous Declaration of the thirteen States of America in the original printing, is the founding document of the United States. On July 4, 1776, it was adopted unanimously by the Second Continen ...
had within the United States. 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.


Legal effect

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. 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. 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. Many international lawyers believe that the Declaration forms part of
customary international law Customary international law consists of international legal obligations arising from established or usual international practices, which are less formal customary expectations of behavior often unwritten as opposed to formal written treaties or c ...
and is a powerful tool in applying diplomatic and moral pressure to governments that violate its articles. One prominent international jurist described the UDHR as being "universally regarded as expounding generally accepted norms". Other legal scholars have further argued that the Declaration constitutes ''
jus cogens Jus or JUS may refer to: Language * Jussive mood, in grammar * Yus, two early Cyrillic letters * Jumla Sign Language, of Nepal (ISO 639-3:jus) Law * Jus (law), a right afforded to ancient Romans * Jus (canon law), a Roman Catholic custo ...
'', fundamental principles of international law from which no state may deviate or derogate. 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. The Declaration has served as the foundation for two binding United Nations human rights covenants: the
International Covenant on Civil and Political Rights The International Covenant on Civil and Political Rights (ICCPR) is a multilateral treaty that commits nations to respect the civil and political rights of individuals, including the right to life, freedom of religion, freedom of speech, freedom ...
and the
International Covenant on Economic, Social and Cultural Rights The International Covenant on Economic, Social and Cultural Rights (ICESCR) is a multilateral treaty adopted by the United Nations General Assembly (GA) on 16 December 1966 through GA. Resolution 2200A (XXI), and came into force on 3 January 197 ...
. 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 All Forms of Racial Discrimination (ICERD) is a United Nations convention. A third-generation human rights instrument, the Convention commits its members to the elimination of racial discri ...
, the International Convention on the Elimination of Discrimination Against Women, the
United Nations Convention on the Rights of the Child The United Nations Convention on the Rights of the Child (commonly abbreviated as the CRC or UNCRC) is an international international human rights treaty which sets out the civil, political, economic, social, health and cultural rights of ch ...
, 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.


National law

According to a 2022 study, the UDHR "significantly accelerated the adoption of a particular set of ationalnbsp;constitutional rights". 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".
''The UDHR in National and International Law''
, pp. 151–152.
At least 20 African nations that attained independence in the decades immediately following 1948 explicitly referenced the UDHR in their constitutions. 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. Moreover, the constitutions of
Portugal Portugal, officially the Portuguese Republic, is a country on the Iberian Peninsula in Southwestern Europe. Featuring Cabo da Roca, the westernmost point in continental Europe, Portugal borders Spain to its north and east, with which it share ...
,
Romania Romania is a country located at the crossroads of Central Europe, Central, Eastern Europe, Eastern and Southeast Europe. It borders Ukraine to the north and east, Hungary to the west, Serbia to the southwest, Bulgaria to the south, Moldova to ...
,
São Tomé São Tomé is the capital and largest city of the Central African island country of São Tomé and Príncipe. Its name is Portuguese for " Saint Thomas". Founded in the 15th century, it is one of Africa's oldest colonial cities. History Álv ...
and Príncipe, and
Spain Spain, or the Kingdom of Spain, is a country in Southern Europe, Southern and Western Europe with territories in North Africa. Featuring the Punta de Tarifa, southernmost point of continental Europe, it is the largest country in Southern Eur ...
compel their courts to "interpret" constitutional norms consistently with the Universal Declaration. 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 The Constitution of India is the supreme legal document of India, and the longest written national constitution in the world. The document lays down the framework that demarcates fundamental political code, structure, procedures, powers, and ...
" mbodiesmost of the articles contained in the Declaration".''Bombay Education Society v. State of Bombay'', 1954 Bom. 271, at 1350. Nations as diverse as Antigua, Chad, Chile, Kazakhstan, Saint Vincent and the Grenadines, and Zimbabwe have derived constitutional and legal provisions from the Declaration. 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 Peru, officially the Republic of Peru, is a country in western South America. It is bordered in the north by Ecuador and Colombia, in the east by Brazil, in the southeast by Bolivia, in the south by Chile, and in the south and west by the Pac ...
,
Thailand Thailand, officially the Kingdom of Thailand and historically known as Siam (the official name until 1939), is a country in Southeast Asia on the Mainland Southeast Asia, Indochinese Peninsula. With a population of almost 66 million, it spa ...
, and Togo; constitutional obligations on the government to provide health services exist in
Armenia Armenia, officially the Republic of Armenia, is a landlocked country in the Armenian Highlands of West Asia. It is a part of the Caucasus region and is bordered by Turkey to the west, Georgia (country), Georgia to the north and Azerbaijan to ...
,
Cambodia Cambodia, officially the Kingdom of Cambodia, is a country in Southeast Asia on the Mainland Southeast Asia, Indochinese Peninsula. It is bordered by Thailand to the northwest, Laos to the north, and Vietnam to the east, and has a coastline ...
,
Ethiopia Ethiopia, officially the Federal Democratic Republic of Ethiopia, is a landlocked country located in the Horn of Africa region of East Africa. It shares borders with Eritrea to the north, Djibouti to the northeast, Somalia to the east, Ken ...
,
Finland Finland, officially the Republic of Finland, is a Nordic country in Northern Europe. It borders Sweden to the northwest, Norway to the north, and Russia to the east, with the Gulf of Bothnia to the west and the Gulf of Finland to the south, ...
,
South Korea South Korea, officially the Republic of Korea (ROK), is a country in East Asia. It constitutes the southern half of the Korea, Korean Peninsula and borders North Korea along the Korean Demilitarized Zone, with the Yellow Sea to the west and t ...
, Kyrgyzstan, Paraguay, Thailand, and Yemen. 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. Likewise, research conducted in 1994 identified 94 references to the Declaration by federal and state courts across the U.S. 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. However, U.S. courts and legislatures may still use the Declaration to inform or interpret laws concerned with human rights,G. Christenson, "Using Human Rights Law to Inform Due Process and Equal Protection Analyses", University of Cincinnati Law Review 52 (1983), p. 3. a position shared by the courts of Belgium, the Netherlands, India, and Sri Lanka.


Praise and support

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", while
Eleanor Roosevelt Anna Eleanor Roosevelt ( ; October 11, 1884November 7, 1962) was an American political figure, diplomat, and activist. She was the longest-serving First Lady of the United States, first lady of the United States, during her husband Franklin D ...
—first chairperson of the Commission on Human Rights (CHR) that helped draft the Declaration—stated that it "may well become the international
Magna Carta (Medieval Latin for "Great Charter"), sometimes spelled Magna Charta, is a royal charter of rights agreed to by King John of England at Runnymede, near Windsor, on 15 June 1215. First drafted by the Archbishop of Canterbury, Cardin ...
of all men everywhere". At the 1993 United Nations
World Conference on Human Rights The World Conference on Human Rights was held by the United Nations in Vienna, Austria, on 14 to 25 June 1993. It was the first human rights conference held since the end of the Cold War. The main result of the conference was the Vienna Declaratio ...
, one of the largest international gatherings on human rights, 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". In a speech on 5 October 1995, Pope
John Paul II Pope John Paul II (born Karol Józef Wojtyła; 18 May 19202 April 2005) was head of the Catholic Church and sovereign of the Vatican City State from 16 October 1978 until Death and funeral of Pope John Paul II, his death in 2005. In his you ...
called the Declaration "one of the highest expressions of the human conscience of our time", despite the Vatican never adopting it. In a statement on 10 December 2003 on behalf of the
European Union The European Union (EU) is a supranational union, supranational political union, political and economic union of Member state of the European Union, member states that are Geography of the European Union, located primarily in Europe. The u ...
,
Marcello Spatafora Marcello Spatafora (born 30 July 1941) is a retired Italian diplomat, former Permanent Representative of Italy to the United Nations. Career Marcello Spatafora was born in Innsbruck, Austria. He studied law at the University of Pisa, at the pr ...
said that the Declaration "placed human rights at the centre of the framework of principles and obligations shaping relations within the international community". 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 The International Covenant on Civil and Political Rights (ICCPR) is a multilateral treaty that commits nations to respect the civil and political rights of individuals, including the right to life, freedom of religion, freedom of speech, freedom ...
, and the
International Covenant on Economic, Social and Cultural Rights The International Covenant on Economic, Social and Cultural Rights (ICESCR) is a multilateral treaty adopted by the United Nations General Assembly (GA) on 16 December 1966 through GA. Resolution 2200A (XXI), and came into force on 3 January 197 ...
.
Amnesty International Amnesty International (also referred to as Amnesty or AI) is an international non-governmental organization focused on human rights, with its headquarters in the United Kingdom. The organization says that it has more than ten million members a ...
, the third oldest international human rights organization, has regularly observed Human Rights Day and organized worldwide events to bring awareness and support of the UDHR. 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. 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 The American Library Association (ALA) is a nonprofit organization based in the United States that promotes libraries and library education internationally. It is the oldest and largest library association in the world. History 19th century ...
(ALA) endorsed Articles 18 through 20 concerning freedoms of thought, opinion, and expression, which were codified in the ALA Universal Right to Free Expression and the Library Bill of Rights. The Declaration formed the basis of the ALA's claim that
censorship Censorship is the suppression of speech, public communication, or other information. This may be done on the basis that such material is considered objectionable, harmful, sensitive, or "inconvenient". Censorship can be conducted by governmen ...
, invasion of privacy, and interference of opinions are human rights violations.


Criticism


Soviet Union and Marxism–Leninism

During the creation of the Universal Declaration of Human Rights, the
Soviet Union The Union of Soviet Socialist Republics. (USSR), commonly known as the Soviet Union, was a List of former transcontinental countries#Since 1700, transcontinental country that spanned much of Eurasia from 1922 until Dissolution of the Soviet ...
criticized its promoters for not prioritizing social rights over individual rights and positive rights over
negative rights Negative and positive rights are rights that oblige either inaction (''negative rights'') or action (''positive rights''). These obligations may be of either a legal or moral character. The notion of positive and negative rights may also be ap ...
enough according to
Marxism–Leninism Marxism–Leninism () is a communist ideology that became the largest faction of the History of communism, communist movement in the world in the years following the October Revolution. It was the predominant ideology of most communist gov ...
.


Islam

Most Muslim-majority countries that were then members of the United Nations signed the Declaration in 1948, including the kingdoms of
Afghanistan Afghanistan, officially the Islamic Emirate of Afghanistan, is a landlocked country located at the crossroads of Central Asia and South Asia. It is bordered by Pakistan to the Durand Line, east and south, Iran to the Afghanistan–Iran borde ...
,
Egypt Egypt ( , ), officially the Arab Republic of Egypt, is a country spanning the Northeast Africa, northeast corner of Africa and Western Asia, southwest corner of Asia via the Sinai Peninsula. It is bordered by the Mediterranean Sea to northe ...
, and
Iraq Iraq, officially the Republic of Iraq, is a country in West Asia. It is bordered by Saudi Arabia to Iraq–Saudi Arabia border, the south, Turkey to Iraq–Turkey border, the north, Iran to Iran–Iraq border, the east, the Persian Gulf and ...
,
Pahlavi Iran The Imperial State of Iran, officially known as the Imperial State of Persia until 1935, and commonly referred to as Pahlavi Iran, was the Iranian state under the rule of the Pahlavi dynasty. The Pahlavi dynasty was created in 1925 and lasted ...
, and the
First Syrian Republic The First Syrian Republic, officially the Syrian Republic, was formed in 1930 as a component of the Mandate for Syria and the Lebanon, succeeding the State of Syria. A treaty of independence was made in 1936 to grant independence to Syria an ...
; the
Republic of Turkey Turkey, officially the Republic of Türkiye, is a country mainly located in Anatolia in West Asia, with a relatively small part called East Thrace in Southeast Europe. It borders the Black Sea to the north; Georgia (country), Georgia, Armen ...
, which had an overwhelmingly Muslim population but an officially secular government, also voted in favour.
Saudi Arabia Saudi Arabia, officially the Kingdom of Saudi Arabia (KSA), is a country in West Asia. Located in the centre of the Middle East, it covers the bulk of the Arabian Peninsula and has a land area of about , making it the List of Asian countries ...
was the sole abstainer on the Declaration among Muslim-majority countries, claiming that it violated the
Islamic law Sharia, Sharī'ah, Shari'a, or Shariah () is a body of religious law that forms a part of the Islamic tradition based on scriptures of Islam, particularly the Qur'an and hadith. In Islamic terminology ''sharīʿah'' refers to immutable, intan ...
(''sharīʿa'').
Pakistan Pakistan, officially the Islamic Republic of Pakistan, is a country in South Asia. It is the List of countries and dependencies by population, fifth-most populous country, with a population of over 241.5 million, having the Islam by country# ...
, officially an
Islamic state The Islamic State (IS), also known as the Islamic State of Iraq and the Levant (ISIL), the Islamic State of Iraq and Syria (ISIS) and Daesh, is a transnational Salafi jihadism, Salafi jihadist organization and unrecognized quasi-state. IS ...
, signed the declaration and critiqued the Saudi position, strongly arguing in favour of including
freedom of religion Freedom of religion or religious liberty, also known as freedom of religion or belief (FoRB), is a principle that supports the freedom of an individual or community, in public or private, to manifest religion or belief in teaching, practice ...
as a fundamental human right of the UDHR.Hashemi, Nader and Qureshi, Emran. "Human Rights". In ''The Oxford Encyclopedia of the Islamic World. Oxford Islamic Studies Online''. Moreover, some Muslim diplomats would later help draft other United Nations human rights treaties. For example,
Iraq Iraq, officially the Republic of Iraq, is a country in West Asia. It is bordered by Saudi Arabia to Iraq–Saudi Arabia border, the south, Turkey to Iraq–Turkey border, the north, Iran to Iran–Iraq border, the east, the Persian Gulf and ...
'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 Women's rights are the rights and Entitlement (fair division), entitlements claimed for women and girls worldwide. They formed the basis for the women's rights movement in the 19th century and the feminist movements during the 20th and 21st c ...
, and played a role in the preparation of the 1951 Genocide Convention. In 1982, the
Iran Iran, officially the Islamic Republic of Iran (IRI) and also known as Persia, is a country in West Asia. It borders Iraq to the west, Turkey, Azerbaijan, and Armenia to the northwest, the Caspian Sea to the north, Turkmenistan to the nort ...
ian diplomat to the United Nations, who represented the country's newly installed Islamic republic, stated that the Declaration was "a
secular Secularity, also the secular or secularness (from Latin , or or ), is the state of being unrelated or neutral in regards to religion. The origins of secularity can be traced to the Bible itself. The concept was fleshed out through Christian hi ...
understanding of the
Judeo-Christian The term ''Judeo-Christian'' is used to group Christianity and Judaism together, either in reference to Christianity's derivation from Judaism, Christianity's recognition of Jewish scripture to constitute the Old Testament of the Christian Bibl ...
tradition" that could not be implemented by Muslims without conflict with ''sharīʿa'' law. On 30 June 2000, member states of the
Organisation of Islamic Cooperation The Organisation of Islamic Cooperation (OIC; ; ), formerly the Organisation of the Islamic Conference, is an intergovernmental organisation founded in 1969. It consists of Member states of the Organisation of Islamic Cooperation, 57 member s ...
, which represents the Muslim world's largest intergovernmental body, officially resolved to support the Cairo Declaration on Human Rights in Islam, 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'' (; ) is the term for Islamic jurisprudence.Fiqh
Encyclopædia Britannica
''Fiqh'' is of ...
(''fiqh''). 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 Morocco, officially the Kingdom of Morocco, is a country in the Maghreb region of North Africa. It has coastlines on the Mediterranean Sea to the north and the Atlantic Ocean to the west, and has land borders with Algeria to Algeria–Morocc ...
, has stated: A number of scholars in different fields have expressed concerns with the Declaration's alleged
Western Western may refer to: Places *Western, Nebraska, a village in the US *Western, New York, a town in the US *Western Creek, Tasmania, a locality in Australia *Western Junction, Tasmania, a locality in Australia *Western world, countries that id ...
and secularist bias.
Abdulaziz Sachedina Abdulaziz Abdulhussein Sachedina is an Iranian professor and the International Institute of Islamic Thought (IIIT) Chair in Islamic Studies at George Mason University in Fairfax, Virginia. Biography He has been a professor since 1975. He annu ...
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". However, he notes that most
Muslim scholars Lists of Islamic scholars include: Lists * List of contemporary Islamic scholars * List of female Islamic scholars * List of Muslim historians * List of Islamic jurists * List of Muslim philosophers * List of Muslim astronomers * List of ...
, while opposing the inherently secular framework of the document, do respect and acknowledge some of its "foundations". Sachedina further argues that many Christians similarly criticized the Declaration for allegedly reflecting a secular and liberal bias in opposition to certain religious values. 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 Reason is the capacity of consciously applying logic by drawing valid conclusions from new or existing information, with the aim of seeking the truth. It is associated with such characteristically human activities as philosophy, religion, scien ...
within strict limits, and in the disappearance of rationalistic discursive Islamic theology (''kalām'') as a dynamic science from the Muslim world. 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 Principles of Islamic jurisprudence () are traditional methodological principles used in Islamic jurisprudence (''fiqh'') for deriving the rulings of Islamic law (''sharia''). Traditional theory of Islamic jurisprudence elaborates how the scri ...
''). 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.
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." Irene Oh, director of the peace studies programme at
Georgetown University Georgetown University is a private university, private Jesuit research university in Washington, D.C., United States. Founded by Bishop John Carroll (archbishop of Baltimore), John Carroll in 1789, it is the oldest Catholic higher education, Ca ...
, 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.


"The Right to Refuse to Kill"

Groups such as
Amnesty International Amnesty International (also referred to as Amnesty or AI) is an international non-governmental organization focused on human rights, with its headquarters in the United Kingdom. The organization says that it has more than ten million members a ...
"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.
and
War Resisters International War Resisters' International (WRI), headquartered in London, is an international anti-war organisation with members and affiliates in over 40 countries. History ''War Resisters' International'' was founded in Bilthoven, Netherlands in 1921 un ...
"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.
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 The secretary-general of the United Nations (UNSG or UNSECGEN) is the chief administrative officer of the United Nations and head of the United Nations Secretariat, one of the United Nations System#Six principal organs, six principal organs of ...
and
Nobel Peace Prize The Nobel Peace Prize (Swedish language, Swedish and ) is one of the five Nobel Prizes established by the Will and testament, will of Sweden, Swedish industrialist, inventor, and armaments manufacturer Alfred Nobel, along with the prizes in Nobe ...
laureate. War Resisters International has stated that the right to
conscientious objection A conscientious objector is an "individual who has claimed the right to refuse to perform military service" on the grounds of freedom of conscience or religion. The term has also been extended to objecting to working for the military–indu ...
to military service is primarily derived from Article 18 of the UDHR, which preserves the right to freedom of thought, conscience, and religion. 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".


American Anthropological Association

The
American Anthropological Association The American Anthropological Association (AAA) is an American organization of scholars and practitioners in the field of anthropology. With 10,000 members, the association, based in Arlington, Virginia, includes archaeologists, cultural anthropo ...
criticized the UDHR during its drafting process, warning that its definition of universal rights reflected a
Western Western may refer to: Places *Western, Nebraska, a village in the US *Western, New York, a town in the US *Western Creek, Tasmania, a locality in Australia *Western Junction, Tasmania, a locality in Australia *Western world, countries that id ...
paradigm that was unfair to non-Western nations. They further argued that the West's history of
colonialism Colonialism is the control of another territory, natural resources and people by a foreign group. Colonizers control the political and tribal power of the colonised territory. While frequently an Imperialism, imperialist project, colonialism c ...
and
evangelism Evangelism, or witnessing, is the act of sharing the Christian gospel, the message and teachings of Jesus Christ. It is typically done with the intention of converting others to Christianity. Evangelism can take several forms, such as persona ...
made them a problematic moral representative for the rest of the world. They proposed three notes for consideration with underlying themes of
cultural relativism Cultural relativism is the view that concepts and moral values must be understood in their own cultural context and not judged according to the standards of a different culture. It asserts the equal validity of all points of view and the relati ...
: # 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. This stance has gradually been abandoned by most anthropologists, many of whom today see universal human rights as an important way through which discrimination and oppression of cultural minorities can be reduced.


Bangkok Declaration

During the lead-up to the
World Conference on Human Rights The World Conference on Human Rights was held by the United Nations in Vienna, Austria, on 14 to 25 June 1993. It was the first human rights conference held since the end of the Cold War. The main result of the conference was the Vienna Declaratio ...
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 Sovereignty can generally be defined as supreme authority. Sovereignty entails hierarchy within a state as well as external autonomy for states. In any state, sovereignty is assigned to the person, body or institution that has the ultimate au ...
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 Universalism is the philosophical and theological concept within Christianity that some ideas have universal application or applicability. A belief in one fundamental truth is another important tenet in universalism. The living truth is se ...
.


See also

* History of human rights


Non-binding agreements

* Racial Equality Proposal (1919) * Cairo Declaration on Human Rights in Islam (1990) *
Vienna Declaration and Programme of Action The Vienna Declaration and Programme of Action (VDPA) is a human rights declaration adopted by consensus at the World Conference on Human Rights on 25 June 1993 in Vienna, Austria. The position of United Nations High Commissioner for Human Ri ...
(1993) * United Nations Millennium Declaration (2000) *
Yogyakarta Principles The Yogyakarta Principles is a document about human rights in the areas of sexual orientation and gender identity that was published as the outcome of an international meeting of human rights groups in Yogyakarta, Indonesia, in November 2006. T ...
(2006)


International human rights law

*
Fourth Geneva Convention The Convention relative to the Protection of Civilian Persons in Time of War (), more commonly referred to as the Fourth Geneva Convention and abbreviated as GCIV, is one of the four treaties of the Geneva Conventions. It was adopted in August 1 ...
(1949) *
European Convention on Human Rights The European Convention on Human Rights (ECHR; formally the Convention for the Protection of Human Rights and Fundamental Freedoms) is a Supranational law, supranational convention to protect human rights and political freedoms in Europe. Draf ...
(1952) *
Convention Relating to the Status of Refugees The Convention Relating to the Status of Refugees, also known as the 1951 Refugee Convention or the Geneva Convention of 28 July 1951 is a United Nations multilateral treaty that defines who a refugee is and sets out the rights of individuals ...
(1951) *
Convention on the Elimination of All Forms of Racial Discrimination The International Convention on the Elimination of All Forms of Racial Discrimination (ICERD) is a United Nations convention. A third-generation human rights instrument, the Convention commits its members to the elimination of racial discr ...
(1969) *
International Covenant on Civil and Political Rights The International Covenant on Civil and Political Rights (ICCPR) is a multilateral treaty that commits nations to respect the civil and political rights of individuals, including the right to life, freedom of religion, freedom of speech, freedom ...
(1976) *
International Covenant on Economic, Social and Cultural Rights The International Covenant on Economic, Social and Cultural Rights (ICESCR) is a multilateral treaty adopted by the United Nations General Assembly (GA) on 16 December 1966 through GA. Resolution 2200A (XXI), and came into force on 3 January 197 ...
(1976) *
Convention on the Elimination of All Forms of Discrimination Against Women The Convention on the Elimination of all Forms of Discrimination Against Women (CEDAW) is an international treaty adopted in 1979 by the United Nations General Assembly. Described as an international bill of rights for women, it was instituted ...
(1981) *
Convention on the Rights of the Child The United Nations Convention on the Rights of the Child (commonly abbreviated as the CRC or UNCRC) is an international international human rights treaty which sets out the civil, political, economic, social, health and cultural rights of ch ...
(1990) *
Charter of Fundamental Rights of the European Union The Charter of Fundamental Rights of the European Union (CFR) enshrines certain political, social, and economic rights for European Union (EU) citizens and residents into EU law. It was drafted by the European Convention and solemnly procla ...
(2000) *
Convention on the Rights of Persons with Disabilities The Convention on the Rights of Persons with Disabilities is an international human rights instrument, international human rights multilateral treaty, treaty of the United Nations intended to protect the rights and dignity of persons with Disabil ...
(2007)


Other

*
Human trafficking Human trafficking is the act of recruiting, transporting, transferring, harboring, or receiving individuals through force, fraud, or coercion for the purpose of exploitation. This exploitation may include forced labor, sexual slavery, or oth ...
* Slavery in international law * Slave Trade Acts *
LGBT rights Rights affecting lesbian, Gay men, gay, Bisexuality, bisexual, transgender and queer (LGBTQ) people vary greatly by country or jurisdiction—encompassing everything from the legal recognition of same-sex marriage to the Capital punishmen ...
* Declaration on Great Apes, an as-yet unsuccessful effort to extend some human rights to other
great apes The Hominidae (), whose members are known as the great apes or hominids (), are a taxonomic family of primates that includes eight extant species in four genera: '' Pongo'' (the Bornean, Sumatran and Tapanuli orangutan); '' Gorilla'' (the ...
* United Nations Prize in the Field of Human Rights *
Consent of the governed In political philosophy, consent of the governed is the idea that a government's political legitimacy, legitimacy and natural and legal rights, moral right to use state power is justified and lawful only when consented to by the people or society o ...
* The Farewell Sermon (632 CE) *
Right to education The right to education has been recognized as a human rights, human right in a number of international conventions, including the International Covenant on Economic, Social and Cultural Rights which recognizes a right to free education, free, pr ...


Notes


References


Bibliography

* * * * * * *


Further reading

* * 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.


by Antônio Augusto Cançado Trindade an
procedural history
on the Universal Declaration of Human Rights in th


External links


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



* ttp://www.universalrights.net/main/educat.htm UDHR – Education
UDHR in Unicode

Revista Envío – A Declaration of Human Rights For the 21st Century


by Antônio Augusto Cançado Trindade an
procedural history note
on the Universal Declaration of Human Rights in th

* ttp://blogs.loc.gov/law/2012/12/the-laws-of-burgos-500-years-of-human-rights/ The Laws of Burgos: 500 Years of Human Rightsfrom the
Law Library of Congress The Law Library of Congress is the law library of the United States Congress. The Law Library of Congress holds the single most comprehensive and authoritative collection of domestic, foreign, and international legal materials in the world. Es ...
blog.


Audiovisual materials


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 Amnesty International (also referred to as Amnesty or AI) is an international non-governmental organization focused on human rights, with its headquarters in the United Kingdom. The organization says that it has more than ten million members a ...
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


on the Universal Declaration of Human Rights in th

{{Authority control 1948 documents 1948 in Paris 1948 in law 1948 in the United Nations December 1948 Global ethics History of human rights Human rights instruments United Nations General Assembly resolutions Proclamations