The Universal Declaration of Human Rights (UDHR) - 1948

On 10 December 1948 the General Assembly of the United Nations adopted and proclaimed
the Universal Declaration of Human Rights. The Assembly called upon all Member countries
to publicize the text of the Declaration and “to cause it to be disseminated, displayed, read
and expounded principally in schools and other educational institutions, without distinction
based on the political status of countries or territories.” The Universal Declaration of Human
Rights is the cornerstone for modern day human rights within the framework of the United
Nations.
History and Importance of the Universal Declaration of Human Rights
Response to the Terrors of World War II

The 1948 Universal Declaration of Human Rights is probably the most famous human rights
document and at the same time is the cornerstone of international human rights protection.
Up until World War II human rights and its protection were almost exclusively a matter for
national constitutions and only very few questions were ruled on at an international level. The
effects of the war and fear of communism however led to a turnaround. During the war the
Allies explained that they were willing to create conditions for all humans to live in freedom
and free from any fear and shortage. Therefore the UN Charter of 1945 contains the clear
order to the community of states to encourage the respect and realisation of human and basic
rights.

Breakthrough
In December 1948, following two years of talks within the newly founded UN Human Rights
Commission, where representatives of 18 states under the chairmanship of American Eleanor
Roosevelt were in session, a breakthrough in human rights occurred. The general explanation
of the concept of human rights for all was adopted by the UN General Assembly. 48 states
voted in favour of the explanation and 8 abstained. In the process of emergence came in one
part the western tradition of human rights explanations and in the other part new
accentuations particularly in the field of social rights.
Content of the UDHR

The general explanation of human rights states that civil, political and social rights belong to
human beings in order to preserve one’s dignity. The thirty articles of the Universal
Declaration of Human Rights guarantees protection of the person, of procedural law (claim of
effective legal remedy), classical freedom rights such as freedom of expression, as well as
economical, social and cultural rights. These rights should apply to all people irrespectively
of their race, gender and nationality, as all people are born free and equal.
The general explanation of human rights is not a legally binding document, however it has a
political and moral importance and many of its guarantees have today become standard
expectations. The UNDH was significantly important in terms of its content and a benchmark
for the establishment of binding UN human rights Conventions since the 1950’s.

The Universal Declaration of Human Rights

The Universal Declaration of Human Rights (UDHR) is a milestone document in the history
of human rights. Drafted by representatives with different legal and cultural backgrounds
from all regions of the world, the Declaration was proclaimed by the United Nations General
Assembly in Paris on 10 December 1948 (General Assembly resolution 217 A) as a common
standard of achievements for all peoples and all nations. It sets out, for the first time,
fundamental human rights to be universally protected and it has been translated into over 500
languages.

Preamble
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.

Article 1.

All human beings are born free and equal in dignity and rights. They are endowed with
reason and conscience and should act towards one another in a spirit of brotherhood.

Article 2.

Everyone is entitled to all the rights and freedoms set forth in this 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. Furthermore, no distinction
shall be made on the basis of the political, jurisdictional or international status of the country
or territory to which a person belongs, whether it be independent, trust, non-self-governing or
under any other limitation of sovereignty.

Article 3.

Everyone has the right to life, liberty and security of person.

Article 4.

No one shall be held in slavery or servitude; slavery and the slave trade shall be prohibited in
all their forms.

Article 5.

No one shall be subjected to torture or to cruel, inhuman or degrading treatment or

punishment.

Article 6.

Everyone has the right to recognition everywhere as a person before the law.

Article 7.

All are equal before the law and are entitled without any discrimination to equal protection of
the law. All are entitled to equal protection against any discrimination in violation of this
Declaration and against any incitement to such discrimination.
Article 8.

Everyone has the right to an effective remedy by the competent national tribunals for acts
violating the fundamental rights granted him by the constitution or by law.

Article 9.

No one shall be subjected to arbitrary arrest, detention or exile.

Article 10.

Everyone is entitled in full equality to a fair and public hearing by an independent and
impartial tribunal, in the determination of his rights and obligations and of any criminal
charge against him.

Article 11.

(1) Everyone charged with a penal offence has the right to be presumed innocent until proved
guilty according to law in a public trial at which he has had all the guarantees necessary for
his defence.
(2) No one shall be held guilty of any penal offence on account of any act or omission which
did not constitute a penal offence, under national or international law, at the time when it was
committed. Nor shall a heavier penalty be imposed than the one that was applicable at the
time the penal offence was committed.

Article 12.

No one shall be subjected to arbitrary interference with his privacy, family, home or
correspondence, nor to attacks upon his honour and reputation. Everyone has the right to the
protection of the law against such interference or attacks.

Article 13.

(1) Everyone has the right to freedom of movement and residence within the borders of each
state.
(2) Everyone has the right to leave any country, including his own, and to return to his
country.

Article 14.

(1) Everyone has the right to seek and to enjoy in other countries asylum from persecution.
(2) This right may not be invoked in the case of prosecutions genuinely arising from non-
political crimes or from acts contrary to the purposes and principles of the United Nations.

Article 15.
(1) Everyone has the right to a nationality.
(2) No one shall be arbitrarily deprived of his nationality nor denied the right to change his
nationality.

Article 16.

(1) Men and women of full age, without any limitation due to race, nationality or religion,
have the right to marry and to found a family. They are entitled to equal rights as to marriage,
during marriage and at its dissolution.
(2) Marriage shall be entered into only with the free and full consent of the intending spouses.
(3) The family is the natural and fundamental group unit of society and is entitled to
protection by society and the State.

Article 17.

(1) Everyone has the right to own property alone as well as in association with others.
(2) No one shall be arbitrarily deprived of his property.

Article 18.

Everyone has the right to freedom of thought, conscience and religion; this right includes
freedom to change his religion or belief, and freedom, either alone or in community with
others and in public or private, to manifest his religion or belief in teaching, practice, worship
and observance.

Article 19.

Everyone has the right to freedom of opinion and expression; this right includes freedom to
hold opinions without interference and to seek, receive and impart information and ideas
through any media and regardless of frontiers.

Article 20.

(1) Everyone has the right to freedom of peaceful assembly and association.
(2) No one may be compelled to belong to an association.

Article 21.

(1) Everyone has the right to take part in the government of his country, directly or through
freely chosen representatives.
(2) Everyone has the right of equal access to public service in his country.
(3) The will of the people shall be the basis of the authority of government; this will shall be
expressed in periodic and genuine elections which shall be by universal and equal suffrage
and shall be held by secret vote or by equivalent free voting procedures.

Article 22.
Everyone, as a member of society, has the right to social security and is entitled to
realization, through national effort and international co-operation and in accordance with the
organization and resources of each State, of the economic, social and cultural rights
indispensable for his dignity and the free development of his personality.

Article 23.

(1) Everyone has the right to work, to free choice of employment, to just and favourable
conditions of work and to protection against unemployment.
(2) Everyone, without any discrimination, has the right to equal pay for equal work.
(3) Everyone who works has the right to just and favourable remuneration ensuring for
himself and his family an existence worthy of human dignity, and supplemented, if necessary,
by other means of social protection.
(4) Everyone has the right to form and to join trade unions for the protection of his interests.

Article 24.

Everyone has the right to rest and leisure, including reasonable limitation of working hours
and periodic holidays with pay.

Article 25.

(1) Everyone has the right to a standard of living adequate for the health and well-being of
himself and of his family, including food, clothing, housing and medical care and necessary
social services, and the right to security in the event of unemployment, sickness, disability,
widowhood, old age or other lack of livelihood in circumstances beyond his control.
(2) Motherhood and childhood are entitled to special care and assistance. All children,
whether born in or out of wedlock, shall enjoy the same social protection.

Article 26.

(1) Everyone has the right to education. Education shall be free, at least in the elementary and
fundamental stages. Elementary education shall be compulsory. Technical and professional
education shall be made generally available and higher education shall be equally accessible
to all on the basis of merit.
(2) Education shall be directed to the full development of the human personality and to the
strengthening of respect for human rights and fundamental freedoms. It shall promote
understanding, tolerance and friendship among all nations, racial or religious groups, and
shall further the activities of the United Nations for the maintenance of peace.
(3) Parents have a prior right to choose the kind of education that shall be given to their
children.

Article 27.

(1) Everyone has the right freely to participate in the cultural life of the community, to enjoy
the arts and to share in scientific advancement and its benefits.
(2) Everyone has the right to the protection of the moral and material interests resulting from
any scientific, literary or artistic production of which he is the author.

Article 28.

Everyone is entitled to a social and international order in which the rights and freedoms set
forth in this Declaration can be fully realized.

Article 29.

(1) Everyone has duties to the community in which alone the free and full development of his
personality is possible.
(2) In the exercise of his rights and freedoms, everyone shall be subject only to such
limitations as are determined by law solely for the purpose of securing due recognition and
respect for the rights and freedoms of others and of meeting the just requirements of morality,
public order and the general welfare in a democratic society.
(3) These rights and freedoms may in no case be exercised contrary to the purposes and
principles of the United Nations.

Article 30.

Nothing in this Declaration may be interpreted as implying for any State, group or person any
right to engage in any activity or to perform any act aimed at the destruction of any of the
rights and freedoms set forth herein.
 The United Nations and Human Rights

The United Nations Charter sets forth the "inherent dignity" and the "equal and inalienable
rights of all members of the human family." Upholding these human rights principles as "the
foundation of freedom, justice, and peace in the world" is fundamental to every undertaking
of the United Nations.

The UN General Assembly

The United Nations currently comprises 185 member states, all of which belong to the
General Assembly. The General Assembly controls the UN’s finances, makes non-binding
recommendations, and oversees and Elects members of other UN organs. It is the General
Assembly that ultimately votes to adopt human rights declarations and conventions, which
are also called treaties or covenants. For example, in 1948 when the UN Commission on
Human Rights had completed its draft of the Universal Declaration of Human Rights, the
General Assembly voted to adopt the document.

Other UN Bodies

In addition to the General Assembly, in which all member states are represented, there are
five other main bodies of the United Nations that deal with different types of international
concerns and administrative tasks.
Although human rights are fundamental to all functions of the UN,
human rights issues mainly fall under the Economic and Social
Council (ECOSOC). This council of fifty-four members elected by the
General Assembly is responsible for coordinating all economic and
social work of the UN and its affiliated institutions.

The Economic and Social Council oversees the work of

many intergovernmental organizations (IGOs) and certain UN
commissions, such as the UN Commission on Human Rights.

The UN Commission on Human Rights

Made up of fifty-three member states elected by ECOSOC the UN

Commission on Human Rights initiates studies and fact-finding
missions and discusses specific human rights issues. It has
responsibility for initiating and drafting human rights declarations and
conventions.

ECOSOC also supervises intergovernmental organizations (IGOs),

which are specialized agencies that function independently with their
own charter, budget, and staff but are affiliated with the UN by special
agreements. IGOs report to the ECOSOC and may be asked to review
reports from certain UN bodies that are relevant to their area of focus.

Some intergovernmental organizations that work to protect human

rights include:

International Labor Organization (ILO) – Develops

international labor standards and provides technical assistance
training to governments.

United Nations Children’s Fund (UNICEF) – Works with

other UN bodies, governments, and nongovernmental
organizations to provide community-based services in primary
healthcare, basic education, and safe water and sanitation for
children in developing countries. Human rights are fundamental
to its programming.

United Nations Development Fund for Women (UNIFEM) –

Promotes economic and political empowerment of women in
developing countries, working to ensure their participation in
development planning and practices, as well as their human
rights.

United Nations Educational, Scientific, and Cultural

Organization (UNESCO) – Pursues intellectual cooperation in
 education, science, culture, and communications and promotes
development through social, cultural, and economic projects.

World Health Organization (WHO) – Conducts immunization

campaigns, promotes and coordinates research, and provides
technical assistance to countries that are improving their health
systems.

Other UN Bodies and Human Rights

The UN Security Council, comprising fifteen member states, is

responsible for making decisions regarding international peace and
security. It can make recommendations and decisions for action,
including providing humanitarian aid, imposing economic sanctions,
and recommending peacekeeping operations. The Security Council has
been responsible for establishing international tribunals to prosecute
serious violations of humanitarian law. For example, special tribunals
have been set up to prosecute war crimes in the former Yugoslavia and
acts of genocide in Rwanda.

The Secretariat is the administrative arm of the UN, responsible for

overseeing the programs and policies established by the other UN
organs. The position of UN High Commissioner on Human Rights,
currently held by Mary Robinson, the former President of Ireland, is
part of the UN Secretariat.

Sources: "The United Nations at a Glance," UNA-USA Factsheet;

Frank Newman and David Weissbrodt, International Human Rights:
Law, Policy, and Process: 9-12.

When you expand the civil rights struggle to the level of human rights,
you can take the case of the Black man in this country before the
nations of the United Nations. You can take it before the General
Assembly. You can take Uncle Sam before the World Court. But the
only level you can do it on is the level of human rights. Human rights
are something that you are born with. Human rights are your God-
given rights. Human rights are the rights recognized by all the nations
of this earth.

INTERNATIONAL COVENANT OF CIVIL AND POLITICAL

RIGHTS
BACKGROUND:

The United Nations International Covenant of Civil and Political Rights

(ICCPR) attempts to ensure the protection of civil and political rights. It
was adopted by the United Nations’ General Assembly on December
19, 1966, and it came into force on March 23, 1976. The International
Covenant on Economic Social and Cultural Rights, the Universal
Declaration of Human Rights, and the ICCPR and its two Optional
Protocols, are collectively known as the International Bill of Rights.

PURPOSE:

The ICCPR recognizes the inherent dignity of each individual and

undertakes to promote conditions within states to allow the enjoyment
of civil and political rights. Countries that have ratified the Covenant
are obligated “to protect and preserve basic human rights… [and]
“compel[ed] to take administrative, judicial, and legislative measures in
order to protect the rights enshrined in the treaty and to provide an
effective remedy.” There are currently 74 signatories and 168 parties to
the ICCPR.

CONTENT:

The unifying themes and values of the ICCPR are found in Articles 2
and 3 and are based on the notion of non-discrimination. Article 2
ensures that rights recognized in the ICCPR will be respected and be
available to everyone within the territory of those states who have
ratified the Covenant (State Party). Article 3 ensures the equal right of
both men and women to the enjoyment of all civil and political rights
set out in the ICCPR.

The rights protected under the ICCPR include:

Article 6 – Right to life.

Article 7 – Freedom from torture.
Article 8 – Right to not be enslaved.
Article 9 – Right to liberty and security of the person.
Article 10 – Rights of detainees.
Article 11 – Right to not be imprisoned merely on the ground of
inability to fulfil a contractual obligation.
Article 12 – Freedom of movement and choice of residence for lawful
residents.
Article 13 – Rights of aliens.
Article 14 – Equality before the courts and tribunals. Right to a fair
trial.
Article 15 – No one can be guilty of an act of a criminal offence which
did not constitute a criminal offence.
Article 16 – Right to recognition as a person before the law.
Article 17 – Freedom from arbitrary or unlawful interference.
Article 18 – Right to freedom of thought, conscience and religion.
Article 19 – Right to hold opinions without interference.
Article 20 – Propaganda for war shall be prohibited by law.
Article 21 – Right of peaceful assembly.
Article 22 – Right to freedom of association with others.
Article 23 – Right to marry.
Article 24 – Children’s rights
Article 25 – Right to political participation.
Article 26 – Equality before the law.
Article 27 – Minority protection.

LIMITATIONS:

Article 4 of ICCPR allows for certain circumstances for States Parties

to derogate from their responsibilities under the Covenant, such as
during times of public emergencies. However, State Parties may not
derogate from Articles 6, 7, 8 (paragraphs I and 2), 11, 15, 16 and 18.

OPTIONAL PROTOCOLS:

There are two optional protocols to the ICCPR which gives additional
human rights protections.

First Optional Protocol:

This protocol allows victims claiming to be victims of human rights

violations to be heard. The Human Rights Committee (Committee),
which is established by the Covenant, has the jurisdiction to receive,
consider and hear communications from victims. The first Optional
Protocol came into force with the Covenant. There are currently 35
signatories and 115 parties to this protocol.

Second Optional Protocol:

This protocol aims to abolish the death penalty. It was entered into
force on July 11, 1991 and it currently has 37 signatories and 81 parties.

ENFORCEMENT

Article 2(2) of ICCPR provides that State Parties are to take the
“necessary steps…. to adopt such laws or other measures as may be
necessary to give effect to the rights recognized in the present
Covenant.” Countries that have ratified the ICCPR must takes steps in
their own jurisdictions to recognize the acceptance of this international
covenant because, in “international law, a signature does not usually
bind a State. The treaty is usually subject to a future ratification,
acceptance, approval or accession.” In Canada, the accession process
 involves a series of reviews and consultation by the federal government
and followed by a tabling of the treaty in Parliament.

In addition to State Parties’ formally adopting and recognizing the

ICCPR in their jurisdiction, Article 28 of ICCPR provides for a Human
Rights Committee (Committee) to be established for monitoring the
State Parties’ implementation of the Covenant. State Parties are
required to submit reports to the Committee for review, on measures
used to adopt and give effect to the rights enshrined in the ICCPR.

As mentioned above, the First Optional Protocol allows victims of

human rights violation to be heard by the Committee. However the
ICCPR also provides in Article 41 that a State Party who claims another
State Party is not fulfilling its obligations to implement ICCPR, may
make written submissions to the Committee for consideration. Also,
non-governmental organizations (NGOs) may also participate in
ensuring that values under the ICCPR are protected by submitting
‘shadow reports’ and highlight areas for consideration by the
Committee.

The International Covenant on Civil and Political Rights (ICCPR)

This Covenant was adopted by the United Nations General Assembly

on 16 December 1966 and entered into force on 23 March 1976. By the
end of 2001, the Covenant had been ratified by 147 states.

The Covenant elaborates further the civil and political rights and
freedoms listed in the Universal Declaration of Human Rights.

Under Article 1 of the Covenant, the states commit themselves to

promote the right to self-determination and to respect that right. It also
recognises the rights of peoples to freely own, trade and dispose of their
natural wealth and resources. Among the rights of individuals
guaranteed by the Covenant are:

Article 2 - The right to legal recourse when their rights have been violated,
even if the violator was acting in an official capacity.
Article 3 - The right to equality between men and women in the enjoyment
of their civil and political rights.

Article 6 - The right to life and survival.

Article 7 - The freedom from inhuman or degrading treatment or

punishment.

Article 8 - The freedom from slavery and servitude.

Article 9 - The right to liberty and security of the person and freedom from
arbitrary arrest or detention.

Article 11 - The freedom from prison due to debt.

Article 12 - The right to liberty and freedom of movement

Article 14 - The right to equality before the law; the right to be presumed
innocent until proven guilty and to have a fair and public hearing by an
impartial tribunal.

Article 16 - The right to be recognised as a person before the law.

Article 17 - The right privacy and its protection by the law.

Article 18 - The freedom of thought, conscience and religion.

Article 19 - The freedom of opinion and expression.

Article 20 - Prohibition of propaganda advocating war or national, racial

or religious hatred.

Article 21 - The right to peaceful assembly.

Article 22 - The right to freedom of association.

Article 23 - The right to marry and found a family

Article 24 - The rights for children (status as minors, nationality,

registration and name).

Article 25 - The right to participate in the conduct of public affairs, to vote

and to be elected and access to public service.

Article 26 - The right to equality before the law and equal protection

Article 27 - The right, for members of religious, ethnic or linguistic

minorities, to enjoy their culture, practice their religion and use their
language.
International Covenant on Economic, Social and Cultural Rights
(ICESCR)

The International Covenant on Economic, Social and Cultural Rights

(ICESCR) is one of the nine core United Nations (UN) human rights
treaties (seven of which have been ratified by the UK). It forms part of the
International Bill of Human Rights alongside the Universal Declaration of
Human Rights and the International Covenant on Civil and Political
Rights. The UK ratified ICESCR in 1976.

ICESCR rights are crucial to enable people to live with dignity. This treaty
covers important areas of public policy, such as the right to:

 work
 fair and just conditions of work
 social security
 an adequate standard of living, including adequate food, clothing
and housing
 health
 education

Cultural Rights (1966), together with the Universal Declaration of Human

Rights (1948) and the International Covenant on Civil and Political Rights
(1966), make up the International Bill of Human Rights. In accordance
with the Universal Declaration, the Covenants Òrecognize that “... the
ideal of free human beings enjoying civil and political freedom and
freedom from fear and want can be achieved only if conditions are created
whereby everyone may enjoy his civil and political rights, as well as his
economic, social and cultural rights.”

Article 1 - All peoples have the right of self determination, including the
right to determine their political status and freely pursue their economic,
social and cultural development.

Article 2 - Each State Party undertakes to take steps to the maximum of its
available resources to achieve progressively the full realization of the
rights in this treaty. Everyone is entitled to the same rights without
discrimination of any kind.

Article 3 - The States undertake to ensure the equal right of men and
women to the enjoyment of all rights in this treaty.
Article 4 - Limitations may be placed on these rights only if compatible
with the nature of these rights and solely for the purpose of promoting the
general welfare in a democratic society.

Article 5 - No person, group or government has the right to destroy any of

these rights.

Article 6 - Everyone has the right to work, including the right to gain one's
living at work that is freely chosen and accepted.

Article 7 - Everyone has the right to just conditions of work; fair wages
ensuring a decent living for himself and his family; equal pay for equal
work; safe and healthy working conditions; equal opportunity for
everyone to be promoted; rest and leisure.

Article 8 - Everyone has the right to form and join trade unions, the right
to strike.

Article 9 - Everyone has the right to social security, including social

insurance.

Article 10 - Protection and assistance should be accorded to the family.

Marriage must be entered into with the free consent of both spouses.
Special protection should be provided to mothers. Special measures should
be taken on behalf of children, without discrimination. Children and youth
should be protected from economic exploitation. Their employment in
dangerous or harmful work should be prohibited. There should be age
limits below which child labor should be prohibited.

Article 11 - Everyone has the right to an adequate standard of living for

himself and his family, including adequate food, clothing and housing.
Everyone has the right to be free from hunger.

Article 12 - Everyone has the right to the enjoyment of the highest

attainable standard of physical and mental health.

Article 13 - Everyone has the right to education. Primary education should

be compulsory and free to all.

Article 14 - Those States where compulsory, free primary education is not

available to all should work out a plan to provide such education.

Article 15 - Everyone has the right to take part in cultural life; enjoy the
benefits of scientific progress.