The Universal Declaration of Human Rights (UDHR)

The Universal Declaration of Human Rights (UDHR) is a declaration adopted by the United Nations General Assembly on 10 December 1948 at the Palais de Chaillot in Paris. The Declaration has been translated into at least 375 languages and dialects. 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 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.




European philosophers of the Age of Enlightenment developed theories of natural law that influenced the adoption of documents such as the Bill of Rights of England, the Bill of Rights in the United States, and the Declaration of the Rights of Man and of the Citizen in France.



National and International pressure for an international bill of rights had been building throughout World War II. In his 1941 State of the Union Address US president Franklin Roosevelt called for the protection of what he termed the "essential" Four Freedoms: freedom of speech, freedom of worship, freedom from fear and freedom from want, as its basic war aims. This has been seen as part of a movement of the 1940s that sought to make human rights part of the conditions for peace at the end of the war. 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".



When the atrocities committed by Nazi Germany became public knowledge around the world after World War II, the consensus within the world community was that the United Nations Charter did not sufficiently define the rights it referenced. A universal declaration that specified the rights of individuals was necessary to give effect to the Charter's provisions on human rights.



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. 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, Cuba, Egypt, France, India, Iran, Lebanon, Panama, Philippines, United Kingdom, United States, Soviet Union, Uruguay and Yugoslavia.



The Universal Declaration was adopted by the General Assembly on 10 December 1948 by a vote of 48 in favor, 0 against, with 8 abstentions (Byelorussian SSR, Czechoslovakia, Poland, Ukrainian SSR, USSR, as well as Yugoslavia, South Africa and Saudi Arabia).



The following countries voted in favor 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 and Venezuela.



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 favor of the final draft in the General Assembly.



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. 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. With regard to the Communist block's abstentions, the 9 December Velodrome d'Hiver meeting of 20,000 Parisians at the invitation of World Citizen Garry Davis and his "Conseil de Solidarité" who had interrupted a General Assembly session on 22 November to call for a world government, provoked its abstention rather than voting against the human rights document. Eleanor Roosevelt in her column "My Day" wrote on 15 December that "Garry Davis, the young man who in Paris as a citizen of the world...has succeeded in getting the backing of a few intellectuals and even has received a cablegram from Albert Einstein telling him, from Professor Einstein's point of view, that the United Nations has not yet achieved peace. The United Nations, of course, is not set up to achieve peace. That, the governments are supposed to do themselves. But it is expected to help preserve peace, and that I think, it is doing more effectively day by day...During a plenary session in the General Assembly, this young man tried to make a speech from the balcony on the subject of how incompetent the United Nations is to deal with the questions before it. How much better it would be if Mr. Davis would set up his own governmental organization and start then and there a worldwide international government. All who would join him would learn that they had no nationality and, therefore, not being bothered by any special interest in any one country, everyone would develop...a completely cooperative feeling among all peoples and a willingness to accept any laws passes by this super government."



Preamble



The Universal Declaration begins with a preamble consisting of seven paragraphs followed by a statement "proclaiming" the Declaration.



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.



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.



The Preamble is:



Whereas recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world,



Whereas disregard and contempt for human rights have resulted in barbarous acts which have outraged the conscience of mankind, and the advent of a world in which human beings shall enjoy freedom of speech and belief and freedom from fear and want has been proclaimed as the highest aspiration of the common people,



Whereas it is essential, if man is not to be compelled to have recourse, as a last resort, to rebellion against tyranny and oppression, that human rights should be protected by the rule of law,



Whereas it is essential to promote the development of friendly relations between nations,



Whereas the peoples of the United Nations have in the Charter reaffirmed their faith in fundamental human rights, in the dignity and worth of the human person and in the equal rights of men and women and have determined to promote social progress and better standards of life in larger freedom,



Whereas Member States have pledged themselves to achieve, in co-operation with the United Nations, the promotion of universal respect for and observance of human rights and fundamental freedoms,



Whereas a common understanding of these rights and freedoms is of the greatest importance for the full realization of this pledge,



Now, Therefore THE GENERAL ASSEMBLY proclaims THIS UNIVERSAL DECLARATION OF HUMAN RIGHTS as a common standard of achievement for all peoples and all nations, to the end that every individual and every organ of society, keeping this Declaration constantly in mind, shall strive by teaching and education to promote respect for these rights and freedoms and by progressive measures, national and international, to secure their universal and effective recognition and observance, both among the peoples of Member States themselves and among the peoples of territories under their jurisdiction.