United Nations

New York

What is the Universal Declaration of Human Rights?

                The Universal Declaration of Human Rights is the primary international articulation of the fundamental and inalienable rights of all members of the human family. Adopted by the United Nations General Assembly on December 10, 1948, the UDHR represents the first comprehensive agreement among nations as to the specific rights and freedoms of all human beings.

                Among others, these include civil and political rights such as the right not to be subjected to torture, to equality before the law, to a fair trial, to freedom of movement, to asylum, and to freedom of thought, conscience, religion, opinion, and expression. The rights outlined in the UDHR also include economic, social, and cultural rights, such as the right to food, clothing, housing and medical care, to social security, to work, to equal pay for equal work, to form trade unions, and to education.

                Originally intended as a “common standard of achievement for all peoples and all nations,” over the past fifty years the Universal Declaration has become a cornerstone of customary international law, and all governments are now bound to apply its principles. Because the Universal Declaration of Human Rights successfully encompasses legal, moral, and philosophical beliefs held true by all peoples, it has become a living document which asserts its own elevating force on the events of our world.

Are governments legally required to respect the principles outlined in the UDHR?

                Yes. While the record shows that most of those who adopted the UDHR did not imagine it to be a legally binding document, the legal impact of the Universal Declaration has been much greater than perhaps any of its framers had imagined.

                Today, direct reference to the UDHR is made in the constitutions of many nations that realized their independence after the document was adopted. Prime ministers, presidents, legislators, judges, lawyers, legal scholars, human rights activists, and ordinary people throughout the world have accepted the Universal Declaration as an essential legal code. Dozens of legally binding international treaties are based on the principles set forth in the UDHR, and the document has been cited as justification for numerous United Nations actions, including acts of the Security Council.

                As oppressed individuals turn increasingly to the Universal Declaration for protection and relief, so governments have come to accept the document not just as a noble aspiration, but as a standard that must be realized.  Because it is universal, a central and integral part of our international legal structure, the Universal Declaration is widely accepted as a primary building block of customary international law--an indispensable tool in upholding human rights for all.

Does the UDHR successfully incorporate different concepts of human rights?

                Yes. The drafting of the Universal Declaration of Human Rights represented the first time in history that people from cultures throughout the world worked together to formulate a comprehensive and common vision of inalienable human rights. In the UN General Assembly’s Third Committee alone, there were 85 meetings held with a total of 1,400 separate votes taken on various issues concerning the drafting of the Declaration (this is after the Commission on Human Rights had completed its work!). For nearly three years, representatives of various nations labored to enumerate and articulate the specific rights and freedoms that had been more broadly guaranteed to all in the UN Charter.

                Remembering that the world was embroiled in the ideological controversies of the Cold War, this was an incredibly complicated and difficult task. Yet the final document encompassed rights and freedoms given varying emphasis by both Western democratic and Communist countries. The Universal Declaration reflects different beliefs as to the philosophical basis of human rights and balances traditional civil and political rights with economic, social, and cultural rights.

                The drafters of the UDHR struggled through a multitude of sometimes subtle and sometimes stark differences in linguistic, cultural, political, and philosophical values. The world’s major legal systems and legal philosophies were considered in stages of the debate as were, to varying degrees, the most widely practiced religious beliefs, including Buddhist, Christian, Confucian, Hindu, Islamic, and Jewish traditions. Under the chairmanship of Eleanor Roosevelt, the Commission on Human Rights successfully reached a shared understanding of what constitutes the inalienable rights and freedoms of all human beings in every corner of the globe.

Why does the Universal Declaration ring true for persons from all cultures?

                The authors of the UDHR strove to understand and articulate their differing cultural traditions and convictions throughout every stage of their complex work. In fact, most of the debate and discussion centered on negotiating differences in cultural and historical perspective. A special group was employed to sort out the differences in meaning of every word of each article as translated through the official languages of the United Nations.

                This process of debate and discussion had an importance of its own. Never before had such a diverse group of people come together to explain the values and traditions that define the core nature of their respective societies.  It was a real international learning experience. In many ways, the debate helped to illuminate the ideological differences that drive decision making on the most crucial international issues.

                In the end though, those involved in this three year process held the rights enumerated in the UDHR to be truly universal--belonging to members of every society and culture. They agreed that the Universal Declaration reflected shared convictions and beliefs. The rights were regarded as transcending national, social, and cultural boundaries.

                All of these rights are necessary to the person who would realize his or her full potential as a human being.  As such, they represent a universal standard that has meaning for all people.

Does the 50-year old UDHR adequately address current human rights dilemmas?

                Yes. The UDHR sets forth a framework for realization of the full scope of human rights and freedoms. By design, it is an open-ended and forward-looking document. For instance, Article Two says that everyone is entitled to all the rights and freedoms set forth in the Declaration “without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.” The UDHR’s framers knew that with time other kinds of discrimination might attract public attention, and they worked to anticipate this.

                Unfortunately, the challenges that the UDHR addressed in 1948 are still very much present in our world.  Governments continue to torture and murder individuals because of their beliefs, their ethnicity, or their opinions.  Millions across the globe remain “ill-housed, ill-clad, ill-nourished.” And, if we ask ourselves which of the rights framed in 1948 might be dismissed today, we find that none may be. Who would argue that torture or slavery is necessitated by the demands of modern life or of a global economy? Those who have suggested that the rights enumerated in the Universal Declaration are outdated, seem to do so in an attempt to justify oppressive measures that undermine these rights.

                Respect for the rights of every individual is enduring and the struggle against human rights violators, ongoing. More and more, individuals throughout the world have formed groups to document the suppression of freedoms set forth in the UDHR and to demand that the Declaration be fully respected in their own societies. The continued violation of human rights, and the achievements of ordinary citizens who turn to the UDHR for defense, both highlight the increasing relevance and importance of the Universal Declaration. The urgent need to protect these rights is more compelling than ever.

After adopting the Universal Declaration, what was the next step?

                While the significance of the Universal Declaration cannot be overestimated, it is important to remember that the UN Commission on Human Rights which drafted the document was also charged with drafting a legally binding international treaty on human rights, and with creating effective measures of implementation.

                After many years of negotiations, it was ultimately decided that what had been imagined as a single human rights treaty should actually be two treaties or “Covenants.” The rights acknowledged in the Universal Declaration were separated into these two distinct Covenants, respectively, the “International Covenant on Civil and Political Rights” and the “International Covenant on Economic, Social and Cultural Rights,” both of which were adopted by the General Assembly in 1966. They entered into force in 1976, and have been ratified by more than 130 states. Taken together, the Universal Declaration of Human Rights along with the two legally binding Covenants form the “International Bill of Rights.”

                The Covenants were drafted and adopted as legally binding international treaties meant to ensure full protection of the rights proclaimed in the Universal Declaration. They elaborate the rights proclaimed in the Declaration in more specific language and they also elaborate the limitations of these rights. Each of the Covenants is monitored by a committee of experts which reviews the performance of states in upholding the agreed upon provisions.

                Over the last 50 years, the rights set forth in the UDHR have been reiterated and affirmed in numerous international human rights treaties dealing with specific populations or with specific rights and freedoms. The rights  have also been incorporated into regional human rights treaties and documents such as the “European Convention of Human Rights,” the “European Social Charter,” the “African Charter of Human and Peoples Rights,” and the “Helsinki Accords.”

What tools does the United Nations have for protecting human rights?

                Based upon the conviction that governments have an obligation to protect the human rights proclaimed by the UDHR, the United Nations has created a number of mechanisms and procedures to influence the conduct of governments that violate these rights.

                The Commission on Human Rights is the primary international forum for addressing human rights violations.  The Commission has created a number of specialized bodies to monitor and report on human rights problems such as torture, free expression, violence against women, and religious freedom worldwide. Its Subcommission on Prevention of Discrimination and Protection of Minorities sets standards and conducts studies of new human rights issues. There is also a Commission on the Status of Women. Each of the six major international human rights treaties established an expert committee that monitors the respective treaty.

                Recently, the UN created the post of High Commissioner for Human Rights. Establishment of this high-level position will help make human rights even more central to the work of the UN by giving these issues the political stature and voice they need in the international arena. This post was fiercely advocated for decades by non-governmental organizations that wanted to see a real champion of human rights defend them globally.

                In recent years, the UN Security Council has created two international war crimes tribunals (for atrocities in Rwanda and the former Yugoslavia). The UN is currently working to establish a permanent International Criminal Court that will hold violators accountable and vigorously pursue justice for the individual crimes of genocide, crimes against humanity, and war crimes.

                Finally, the UN strives not only to protect human rights, but to promote them as well. The UN offers technical assistance to countries, publishes human rights information, and makes human rights counselors and educators available at the request of governments. Of course, many of the UN’s specialized agencies are actively engaged in human rights issues as a component of their work, including UNICEF, UNESCO, the International Labor Organization, and the UN High Commissioner for Refugees. Election monitoring in post-conflict situations is an example of how the international community helps promote civil and political rights, while emergency relief operations promote rights such as the right to food and shelter.

                Abridged. Copyright Franklin and Eleanor Roosevelt Institute. Used by permission.

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