Human Rights

Module 3
UDHR
History of the UDHR
• The Universal Declaration of Human Rights (UDHR) is a seminal document in the
history of human rights, representing a pivotal moment in the aftermath of World
War II. Its creation was driven by the desire to prevent future atrocities and to
establish a universal standard for human dignity and rights.
History of the UDHR
• The origins of the UDHR can be traced back to the horrors of World War II and
the profound realization that a new framework for international cooperation and
human rights was necessary. The atrocities committed during the war, including
the Holocaust and other genocidal acts, highlighted the need for a comprehensive
approach to human rights that would transcend national and cultural boundaries.
• The groundwork for the UDHR was laid by earlier international efforts to address
human rights and international justice. The League of Nations, established after
World War I, had made some attempts to address human rights issues, but its
efforts were limited and ultimately unsuccessful in preventing the rise of
totalitarian regimes and the outbreak of World War II. The failure of the League
underscored the need for a more robust and universally binding framework.
History of the UDHR
• In 1945, the United Nations (UN) was established with the aim of fostering
international cooperation and preventing future conflicts. The UN Charter, signed
on June 26, 1945, included a commitment to promoting human rights and
fundamental freedoms. This commitment laid the foundation for the development
of the UDHR.
• The UN’s initial focus was on maintaining peace and security, but as the
organization took shape, the need to address human rights more explicitly became
increasingly apparent. The establishment of the UN’s Commission on Human
Rights in 1946 was a crucial step in this direction. The Commission was tasked
with drafting a declaration that would enshrine fundamental human rights and
freedoms.
History of the UDHR
• The drafting of the UDHR was a collaborative and often contentious process. The
Commission on Human Rights, chaired by Eleanor Roosevelt, played a central
role in the development of the Declaration. Roosevelt, along with other key
figures such as René Cassin of France, Charles Malik of Lebanon, Peng Chun
Chang of China, and Charles Dukes of the United Kingdom, was instrumental in
shaping the content and language of the document.
• The drafting process involved extensive debates and negotiations among
representatives from diverse cultural, political, and legal backgrounds. The goal
was to create a document that would reflect a universal set of rights while
accommodating the varied perspectives of member states. The process also sought
to balance the need for specificity with the desire to create a document that could
be broadly accepted.
History of the UDHR
• After two years of drafting and negotiation, the UDHR was adopted by the UN
General Assembly on December 10, 1948, at the Palais de Chaillot in Paris. The
Declaration was adopted by a vote of 48 in favor, 0 against, and 8 abstentions. The
adoption of the UDHR was a historic moment that signaled a global commitment
to human rights and laid the groundwork for future international human rights
instruments.
• The UDHR consists of a preamble and 30 articles that outline a broad spectrum of
civil, political, economic, social, and cultural rights. It articulates fundamental
principles such as equality, non-discrimination, and the right to participate in
government and public affairs.
Significance of the UDHR
• The UDHR’s impact has been profound and far-reaching. It has served as a
foundation for subsequent international treaties and conventions that elaborate on
and expand its principles. The Declaration has inspired national constitutions,
legal frameworks, and human rights legislation around the world.
• In addition to its legal and institutional influence, the UDHR has played a
significant role in shaping public awareness and discourse on human rights. It has
been a source of inspiration for human rights activists, organizations, and
movements globally. The Declaration’s principles have been cited in numerous
international and domestic legal cases and continue to serve as a standard against
which human rights practices are measured.
Significance of the UDHR
• Despite its significance, the UDHR has faced challenges and criticisms. Issues
such as cultural relativism, the gap between ideals and implementation, and the
tension between individual and collective rights have sparked ongoing debate.
Nonetheless, the Declaration remains a powerful symbol of the international
community’s commitment to human dignity and justice.
• In recent years, the UDHR has been reaffirmed and expanded upon by subsequent
international agreements, including the International Covenants on Civil and
Political Rights and Economic, Social and Cultural Rights, as well as various
regional human rights treaties. The Declaration continues to evolve in response to
emerging human rights issues and challenges.
Significance of the UDHR
• The Universal Declaration of Human Rights represents a landmark achievement in
the history of human rights. Its creation was driven by the desire to address the
horrors of World War II and to establish a universal standard for human dignity.
The Declaration’s adoption marked a crucial moment in the establishment of
international human rights norms and has had a lasting impact on global legal and
ethical standards. As a foundational document, the UDHR remains a testament to
the ongoing commitment to promoting and protecting human rights around the
world.
•
Significance of the UDHR
• The Universal Declaration of Human Rights (UDHR) stands as a cornerstone of
modern human rights discourse, embodying the global commitment to the
inherent dignity and equality of all people. Adopted by the United Nations
General Assembly on December 10, 1948, the UDHR has had profound and far-
reaching implications for international law, human rights advocacy, and global
ethical standards.
Significance of the UDHR
• The UDHR is widely recognized as the foundational document for international
human rights law. Its adoption marked a seminal moment in the establishment of a
global consensus on the principles of human dignity, freedom, and equality. The
Declaration outlines a broad range of rights, including civil, political, economic,
social, and cultural rights, thereby setting a comprehensive framework for the
protection of human rights worldwide.
• The UDHR's influence extends to numerous international treaties and conventions
that have been developed since its adoption. Instruments such as the International
Covenant on Civil and Political Rights (ICCPR) and the International Covenant on
Economic, Social and Cultural Rights (ICESCR) were directly inspired by the
UDHR and elaborate on its principles. The Declaration has also paved the way for
specialized treaties addressing issues such as discrimination, torture, and the rights
of children and women.
Significance of the UDHR
• One of the UDHR's significant contributions is its influence on national legal
systems. Many countries have incorporated the principles of the Declaration into
their constitutions and legal frameworks, thus enshrining human rights norms at
the national level. The UDHR has served as a reference point for constitutional
reforms, legislative developments, and judicial decisions across diverse legal
systems.
• For instance, the Declaration's emphasis on equality and non-discrimination has
informed anti-discrimination laws and policies in various countries. The rights to
free speech, assembly, and a fair trial, as articulated in the UDHR, have become
integral components of democratic legal systems. The Declaration's principles
have also been cited in landmark court cases and legal arguments, reinforcing their
role in protecting individual rights and holding governments accountable.
Significance of the UDHR
• The UDHR has been instrumental in fostering a global culture of human rights. Its
adoption signaled a collective commitment to uphold human dignity and promote
social justice, transcending national and cultural boundaries. The Declaration has
inspired a myriad of human rights organizations, activists, and movements
dedicated to advancing and protecting human rights worldwide.
• Educational programs and advocacy campaigns often reference the UDHR to raise
awareness and educate the public about human rights. By providing a common
language and framework for discussing human rights, the Declaration has helped
to mobilize international solidarity and support for human rights causes. It has also
contributed to the development of global norms and ethical standards regarding
the treatment of individuals and groups.
Criticism of the UDHR
• One of the most prominent criticisms of the UDHR is its perceived imposition of
Western values on diverse cultures. Critics argue that the document reflects a
Eurocentric perspective, emphasizing individual rights and freedoms that may not
align with the values and traditions of non-Western societies. For instance, the
emphasis on individual autonomy and personal freedom can be seen as conflicting
with communal values and social cohesion in certain cultures.
• This critique is rooted in the idea that human rights are not universally applicable
but are instead shaped by cultural and historical contexts. Critics contend that the
UDHR promotes a universalism that disregards the rich diversity of cultural
practices and beliefs. As a result, they argue, the Declaration may inadvertently
undermine local traditions and social structures by imposing a one-size-fits-all
approach to human rights.
Criticism of the UDHR
• Another significant criticism concerns the practical implementation of the
UDHR's principles. While the Declaration sets forth an ideal vision of human
rights, its effectiveness in practice is often questioned. Many countries have
ratified international human rights treaties, yet violations of these rights persist
globally. The challenge lies in translating the aspirational language of the UDHR
into actionable policies and enforcement mechanisms.
• The lack of a binding legal framework for the UDHR means that it relies heavily
on the voluntary commitment of states to uphold its principles. In practice, this has
led to varying levels of adherence and accountability. Critics argue that without
strong enforcement mechanisms or consequences for violations, the Declaration's
impact is limited. This gap between ideals and realities raises concerns about the
efficacy of the UDHR in addressing human rights abuses.
Criticism of the UDHR
• The UDHR primarily emphasizes individual rights, such as freedom of speech,
religion, and personal privacy. However, this focus on individualism has led to
criticism from those who advocate for a more balanced approach that also
considers collective rights. Collective rights encompass the rights of groups, such
as indigenous peoples or minorities, to preserve their cultural heritage, self-
determination, and development.
• Critics argue that the UDHR's individualistic approach can overshadow the needs
and rights of communities and marginalized groups. For example, the rights of
indigenous peoples to land and resources may be overlooked in favor of individual
property rights. This tension between individual and collective rights raises
questions about how to reconcile personal freedoms with the needs of
communities and groups facing systemic marginalization.
Criticism of the UDHR
• The Universal Declaration of Human Rights represents a monumental
achievement in the pursuit of global human dignity and justice. However, its
critics highlight important issues that warrant consideration. The debate over
cultural imperialism underscores the need for a more inclusive and culturally
sensitive approach to human rights. The challenges of implementation reveal the
gap between idealism and practical realities, while the tension between individual
and collective rights calls for a nuanced understanding of human rights that
respects both personal freedoms and communal needs.
• Addressing these criticisms does not necessarily entail abandoning the UDHR but
rather enhancing its framework to better accommodate diverse perspectives,
strengthen enforcement mechanisms, and balance individual and collective rights.
By engaging with these critiques constructively, the international community can
work towards a more equitable and effective realization of human rights for all.
Name of the Right UDHR Indian Constitution

Equality before the Law Article 7 Article 14

Prohibition of Discrimination Article 7 Article 15(1)

Equality of Opportunity Article 21(2) Article 16(1)

Freedom of Speech and Expression Article 19 Article 19(1)(a)

Freedom of peaceful assembly Article 20(1) Article 19(1)(b)

Right to form associations or unions Article 23(4) Article 19(1)(c )

Freedom of movement within the Article 13(1) Article 19(1)(d)

Protection in respect of conviction Article 11(2) Article 20(1)

Protection of Life and Personal Article 3 Article 21

Prohibition of slavery/forced labour Article 4 Article 23

Freedom of conscience and religion Article 18 Article 25(1)