Universal Declaration of Human Rights
Encyclopedia
|
| Tutorials | Encyclopedia | Dictionary | Directory |
|
Universal Declaration of Human Rights
The Universal Declaration of Human Rights (UDHR) is a declaration adopted by the United Nations General Assembly (10 December 1948 at Palais de Chaillot, Paris). The Guinness Book of Records describes the UDHR as the "Most Translated Document"[1] in the world. 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 inherently 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; and in 1976, after the Covenants had been ratified by a sufficient number of individual nations, the Bill took on the force of international law.[2] History
The Cyrus Cylinder is considered the first recorded declaration of human rights in history. PrecursorsThe ideas and values of human rights can be traced through history to ancient times and in religious beliefs and cultures around the world. European philosophers of the enlightenment period, 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. During the Second World War the allies adopted the Four Freedoms: freedom of speech, freedom of assembly, freedom from fear and freedom from want, as their basic war aims. 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".[3] When the atrocities committed by Nazi Germany became apparent after the Second World War, the consensus within the world community was that the United Nations Charter did not sufficiently define the rights it referenced.[4][5] A universal declaration that specified the rights of individuals was necessary to give effect to the Charter's provisions on human rights.[6] DraftingCanadian 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.[7] 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, Egypt, France, India, Iran, Lebanon, Panama, Philippines Republic, United Kingdom, United States, Union of Soviet Socialist Republics, Uruguay and Yugoslavia.[8] Well known members of the Commission included Eleanor Roosevelt of the United States, who was Chairman, Jacques Maritain and René Cassin of France, Charles Malik of Lebanon, and P. C. Chang of China,[9] among others. Humphrey provided the initial draft which became the working text of the Commission. According to Globalizing Family Values, the Declaration's pro-family phrases were the result of the Christian Democratic movement's influence on Cassin and Malik.[10] AdoptionThe Universal Declaration was adopted by the General Assembly on 10 December 1948 by a vote of 48 in favour, 0 against, with 8 abstentions (all Soviet Bloc states, South Africa and Saudi Arabia).[11] The following countries voted in favour 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, Venezuela.[12] 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 favour of the final draft in the General Assembly.[13] StructureThe 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.[14] 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.[15] PreambleThe 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 and belief, and freedom from fear and want have been "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.[16] 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.[17] Human Rights Set out in the DeclarationThe following reproduces the articles of the Declaration which set out the specific human rights that are recognized in the Declaration.
CommemorationThe adoption of the Universal Declaration is a significant international commemoration marked each year on 10 December and is known as Human Rights Day or International Human Rights Day. The commemoration is observed by individuals, community and religious groups, human rights organisations, parliaments, governments and the United Nations. Decadal commemorations are often accompanied by campaigns to promote awareness of the Declaration and human rights. 2008 marks the 60th anniversary of the Declaration and is being accompanied by year long activities around the theme "Dignity and justice for all of us".[18] Significance and Legal EffectSignificanceIn the preamble governments commit themselves and their peoples to progressive measures to secure the universal and effective recognition and observance of the human rights set out in the Declaration. Legal EffectSome international lawyers believe that the Declaration forms part of customary international law and is a powerful tool in applying diplomatic and moral pressure to governments that violate any of its articles. The 1968 United Nations International Conference on Human Rights advised that it "constitutes an obligation for the members of the international community" to all persons. The declaration has served as the foundation for two binding UN human rights covenants, the International Covenant on Civil and Political Rights, and the International Covenant on Economic, Social and Cultural Rights. It continues to be widely cited by academics, advocates and constitutional courts. Praise and CriticismPraise
CriticismIslamic criticismPredominantly Islamic countries such as Sudan, Pakistan, Iran, and Saudi Arabia have criticized the Universal Declaration of Human Rights for its perceived failure to take into the account the cultural and religious context of Islamic countries. In 1981, the Iranian representative to the United Nations, Said Rajaie-Khorassani, articulated the position of his country regarding the Universal Declaration of Human Rights, by saying that the UDHR was "a secular understanding of the Judeo-Christian tradition", which could not be implemented by Muslims without trespassing the Islamic law.[21] On 30 June 2000, Muslim nations that are members of the Organization of the Islamic Conference[22] officially resolved to support the Cairo Declaration on Human Rights in Islam,[23] an alternative document that says people have "freedom and right to a dignified life in accordance with the Islamic Shari?ah".[24] Libertarian CriticismLibertarians and some conservatives believe the so-called economic rights that must be provided by others through forceful extraction (for example taxation) negate other peoples' inalienable rights.[25] In reference to Article 25's declaration of a right to free medical care and Article 26's declaration of a right to free education, Andrew Bissell (a supporter of objectivism) argued, "Health care doesn?t simply grow on trees; if it is to be made a right for some, the means to provide that right must be confiscated from others...no one will want to enter the medical profession when the reward for years of careful schooling and study is not fair remuneration, but rather, patients who feel entitled to one?s efforts, and a government that enslaves the very minds upon which patients? lives depend."[26] EducationMany proponents of alternative education, particularly unschooling, take issue with Article 26 where it stipulates that "...education shall be compulsory." In the philosophies of John Holt and others, compulsory education itself violates the right of a person to peacefully follow their own interests:
This instance of the word "compulsory" is the only one in the entire document. The word "compel" is used twice, however, both times with negative connotations. The Right to Refuse to Kill?To the rights enshrined in the Universal Declaration of Human Rights one more might, with relevance, be added. It is "The Right to Refuse to Kill".?[27] --Quote from Nobel Peace Laureate Sean MacBride, Nobel Lecture, under the sub-heading, ?Peace and Human Rights are Inter-related.? At the time he made this statement (1974) in his Nobel Lecture he was Assistant Secretary General of the United Nations. ?The right to conscientious objection to military service is not a marginal concern outside the mainstream of international human rights protection and promotion.?[28] ?Quote from Amnesty International, 1997 ?If the right to life is the first of all human rights, being the one on which all other rights depend, the right to refuse to kill must be the second.?[29] --Quote from Peace Tax Seven, 2005 ?The right to conscientious objection to military service is primarily derived from the right to freedom of thought, conscience and religion. This right is found in article 18 of the 1948 Universal Declaration of Human Rights, and was codified in article 18 of the International Covenant on Civil and Political Rights in 1966. ?Article 18 of the Covenant does put some limits on the right [to freedom of thought, conscience and religion], stating that [its] manifestations must not infringe on public safety, order, health or morals. Some states argue that such limitations [on the right to freedom of thought, conscience and religion] would [derivatively] permit them to make conscientious objection during time of war a threat to public safety, or mass conscientious objection a disruption to public order ? [Some states] even [argue] that it is a 'moral' duty to serve the state in its military.? [30] ? Quote from War Resisters International See alsoHuman Rights
Celebration of the 60th Anniversary of UDHR
Non-binding agreements
National human rights law
International human rights law
Other
Notes and referencesFurther reading
External links
Audiovisual Materials
af:Universele Verklaring van Menseregte am:«????? ??? ???? ????» ab:??????????? ??????? ??????????????? ??????????? ar:????? ????? ????? ??????? ast:Declaración Universal de los Derechos Humanos gn:Tekove yvypora kuera maymayva derecho kuaaukaha ay:Akpach jaqe walinkañapataki inoqat aru bm:Hadamaden josiraw dantig?kan bn:?????????? ??? zh-min-nan:Sè-kài Jîn-koân Soan-giân be:??????????? ?????????? ?????? ???????? bs:Univerzalna deklaracija o ljudskim pravima bg:??????? ?????????? ?? ??????? ?? ?????? ca:Declaració Universal dels Drets Humans cs:V?eobecná deklarace lidských práv da:FN's Verdenserklæring om Menneskerettighederne de:Allgemeine Erklärung der Menschenrechte et:Inimõiguste ülddeklaratsioon el:??????????? ????????? ??? ?? ????????? ?????????? es:Declaración Universal de los Derechos Humanos eo:Universala Deklaracio de Homaj Rajtoj eu:Giza Eskubideen Aldarrikapen Unibertsala ee:Amegbet? ?e Abl??evinyenye ?u Kpe?o?odzinya fa:??????? ????? ???? ??? fr:Déclaration universelle des droits de l'homme fy:Universele Ferklearring fan de Rjochten fan de Minske fur:Declarazion universâl dai dirits dal om ga:Dearbhú Uile-Choiteann Cearta an Duine gl:Declaración Universal dos Dereitos Humanos ko:?????? hy:?????? ???????????? ???????????? ????????? hi:???? ???????? ?? ???????? ????? hr:Op?a deklaracija o pravima ?ovjeka id:Pernyataan Umum tentang Hak-Hak Asasi Manusia ia:Declaration Universal del Derectos Human is:Mannréttindayfirlýsing Sameinuðu þjóðanna it:Dichiarazione universale dei diritti dell'uomo he:?????? ??? ??? ???? ???? ?????? ???? ka:????????? ???????? ?????????? ?????????? kk:???? ???????????? ??????? ?????? ???????????? sw:Tangazo kilimwengu la haki za binadamu lv:Visp?r?j? cilv?kties?bu deklar?cija lb:Universal-Deklaratioun vun de Mënscherechter lt:Visuotin? ?mogaus teisi? deklaracija li:Universeel Verklaoring van de Rechte van d'r Miensj ln:Lisakoli ya molongo ya makoki ya moto lg:Ekiwandiiko Eky'abantu Bonna Ekifa ku Ddembe Ly'obunto hu:Az Emberi Jogok Egyetemes Nyilatkozata mk:??????????? ?? ??????? ?? ??????? ms:Perisytiharan Hak Asasi Manusia Sejagat nl:Universele verklaring van de rechten van de mens ja:?????? no:Menneskerettighetserklæringen nn:Menneskerettsfråsegna oc:Declaracion Universala dels Dreches Umans ng:Omushangwa Gwaayehe Guuthemba Womuntu pl:Powszechna Deklaracja Praw Cz?owieka pt:Declaração Universal dos Direitos Humanos ro:Declara?ia Universal? a Drepturilor Omului qu:Pachantin llaqtakunapi runap allin kananpaq hatun kamachikuy ru:???????? ?????????? ???? ???????? sc:Decraratzione Universale de sos Deretos de s'Òmine sq:Deklarata e Përgjithshme mbi të Drejtat e Njeriut simple:Universal Declaration of Human Rights ss:Simemetelo Semhlaba Wonkhe Mayelana Nemalungelo Ebuntfu sk:V?eobecná deklarácia ?udských práv sl:Splo?na deklaracija ?lovekovih pravic so:BAAQA CAALAMIGA EE XUQ WQDA AADANAHA sr:??????????? ??????????? ? ??????? ??????? fi:Ihmisoikeuksien yleismaailmallinen julistus sv:FN:s deklaration om de mänskliga rättigheterna kab:Ti?erri?t tagra?lant izerfan n wemdan ta:??? ???? ???????? ???????? tet:Deklarasaun Universál Direitus Umanus Nian th:????????????????????????????? vi:Tuyên ngôn Qu?c t? Nhân quy?n tr:?nsan Haklar? Evrensel Beyannamesi uk:???????? ?????????? ???? ?????? vec:Dichiarasion Universa?e de i Diriti de l'Omo wa:Declaråcion univiersele des droets del djin yo:Ikede Kariaye fun Eto Omoniyan diq:Beyannamey heqanê insananê erd u asmêni bat-smg:V?sout?n? ?muogaus teisiu deklarac?j? zh:?????? Source: Wikipedia | The above article is available under the GNU FDL. | Edit this article
|
|
top
©2008-2009 TutorGig.com. All Rights Reserved. Privacy Statement