INTRODUCTION: Universal Declaration of Human Rights (UDHR)

INTRODUCTION

The Universal Declaration of Human Rights commonly referred to as the UDHR was adopted by the United Nations General Assembly in 1948 with none of the members voted against the adoption of the document. UDHR consists of 30 articles that list important civil, economic, political, social and cultural rights.

ORIGIN AND DEVELOPMENT

UDHR can be traced back to the Second World War. The Allies of II World War adopted the “Four Freedom” as their war objectives-

• Freedom of speech,
• Freedom, of religion,
• Freedom from fear,
• Freedom of want.

After II World War, the atrocities blatant human rights violation committed by the Nazi regime clarified the word ‘Community’ it was felt that the UN Charter was not sufficient to protect human rights. It led to the need of universal declaration in order to enforce the human rights that the UN Charter referred to.

SYNOPSIS

Article 1 and 2:

Established the concept of dignity, liberty, equality and brotherhood.

Article 3- 21:

Cover civil and political rights, a few of them being the right against torture, the right to an effect remedy for human rights violation and the right to take part in Government.

Article 22- 27:

Lays down economic, social and cultural rights including:

• The right to work
• The right to form an0d join trade union and
• The right to participate freely in community life.

The right to participate freely in the community life involves laying down of the principle that everyone is entitled to be involved in the arts and in connected with the complete development of an individual personality, with the later being accordance with Article 26 (which lays down the right to education).

NOTE:

The ideological divide created by the Cold War combined with the failure of the international community to develop a legally binding international human rights instrument, lead the international community believing that civil and political; rights are independent of economical, social and cultural rights.

Still, there are some articles which depict that civil and political rights dependent of economical, social and cultural rights.

It is impossible for the international community to accomplish its commitment to the right to education (Article 26), without giving due consideration to its commitment to the right to seek, receive and impart information (Article 19).

In is impossible for nation to fulfill the right to form and to join trade unions (Article 23) without fulfilling the right to peaceful assembly and association (Article 20).

Conclusive Article:

Article 28

The principle of indivisibility of human rights:

 It’s the most progressive provision present in the UDHR as it links the enumerated rights and freedoms and highlights the interconnected nature of different types of human rights.

CONTROVERSIAL

• According to the facts, UDHR not being a treaty, therefore legally non- binding, which was considered one of the most weakest of the declaration initially.
• Where authoritarian regimes, considered to be an international legal obligation as interference in their domestic affairs, there were several jurists of the view that non- binding nature of UDHR is one of its major advantage and not a weakness. According to these jurists, the inherent flexibility that the non- binding status offers has allowed the UDHR to function as a spring board for the preparation of various legally binding treaties in international human rights law, namely-
• The International Covenant on Civil and political Rights and
• The International Covenant on Economic, social and cultural rights
• Despite of all the controversies, several nations have incorporated the UDHR into their constitution.
• Thus, one may remark that despite non- binding nature of the UDHR, it has achieved a juridical status at par with norms of customary international law.

CONCLUSION

UDHR has universalized the concept   of basic human among the international community.

The major drawback of the UDHR is its preoccupation with only holding the state accountable for all human rights violations within its territory as UDHR neglects human rights violations caused by socially and culturally sanctioned violence, where non- state actors such as individuals, families, communities and other private institutions are accountable.

Despite all this shortcomings, the UDHR has continued to remain the key reference point for all international human rights discourse. So, all human rights activists should be thankful to the drafters of the UDHR since, it can be considered to be largely responsible for making the motion of human rights globally accepted.