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Universal Declaration Of Human Rights




The Universal Declaration of Human Rights (abbreviated '''UDHR''') is an advisory declaration adopted by the 1948 in Paris, France


HISTORY


Prior to the proclamation of the Universal Declaration of Human Rights, several countries had proclaimed comparable declarations. Examples include the '' Bill Of Rights '' in the United States , and the '' Declaration Of The Rights Of Man And Of The Citizen '' in France .


CREATION

When the atrocities committed by Nazi Germany became apparent after the Second World War, there was a general consensus within the world community that the United Nations Charter did not sufficiently define the rights it referenced. A universal declaration that specified the rights of individuals was necessary . Canadian John Peters Humphrey was called upon by the UN Secretary General to work on the project and became the Declaration's principal drafter. Humphrey was assisted by Eleanor Roosevelt of the United States , Jacques Maritain and René Cassin of France , Charles Malik of Lebanon , and P. C. Chang of the Republic Of China , among others. The proclamation was ratified during 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).See under "Who are the signatories of the Declaration?" 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 favor of the final draft in the General Assembly. (See [http://www.journal.law.mcgill.ca/abs/vol43/2schab.pdf )


STRUCTURE AND LEGAL IMPLICATIONS

The document is laid out in the Civil Law tradition, including a Preamble followed by thirty articles. It was conceived as a statement of objectives to be followed by governments. 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 the original two legally non-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 CRITICISM


Praise

  • In a speech on 5 October 1995, Pope John Paul II called the UDHR "one of the highest expressions of the human Conscience of our time".

  • "Taken as a whole, the Delegation of the United States believes that this a good document – even a great document – and we propose to give it our full support. {Link without Title} This Universal Declaration of Human Rights may well become the international Magna Carta of all men everywhere."

  • : Eleanor Roosevelt , 9 December 1948

  • Statement by Marcello Spatafora on behalf of the ."

  • "For people of good will around the world, that document is more than just words: It's a global testament of Humanity , a standard by which any humble person on Earth can stand in judgment of any government on Earth."

  • : Ronald Reagan (March 1989, US Department of State Bulletin)



Islamic criticism

  • Predominantly Muslim countries, like Sudan , Pakistan , Iran , and Saudi Arabia , frequently criticized the Universal Declaration of Human Rights for its perceived failure to take into account the cultural and religious context of non- Western 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.Littman, David. "Universal Human Rights and Human Rights in Islam". ''Midstream'', February/March 1999


  • However, while a few Muslim nations have criticized the UDHR as Western (there are about 50 Muslim nations), Rudolph Peters , Professor of Islamic Law at Amsterdam University has said that of Muslim nations, there is "a greater compliance with universal human rights norms by the states that have introduced Islamic criminal law." Rudolph Peters , "Crime and Punishment in Islamic Law", Cambridge 2005, p174 (As opposed to more modern Westernized Muslim states, and despite the fact that Islamic Law does not allow a Muslim to change his or her religion, in direct contradiction of Article 18.)


:"Muslims nations are committed to different international human rights conventions that have been drafted and are implemented under the aegis of the United Nations. Unlike the Universal Declaration of Human Rights of 1948, these advisory conventions are only binding upon those who have ratified them, and there are minimal sanctions for violations. Nevertheless, these signatories show their commitment to (ICCPR); the 1979 Convention On The Elimination Of All Forms Of Discrimination Against Women (CEDAW); the 1984 Convention Against Torture And Other Cruel, Inhuman And Degrading Treatment And Punishment (CAT); and the 1989 Convention On The Rights Of The Child (CDC)." Rudolph Peters , "Crime and Punishment in Islamic Law", Cambridge 2005, p174

:"The legitimacy of modern human rights discourse is often challenged by Muslims with the argument that human rights are a Western invention based on a Western discourse that does not take into account the cultural specificity of the Muslim world or non-Western cultures in general. Yet most Muslim states have by now become signatories to human rights conventions, showing their acceptance of international human rights discourse...", Rudolph Peters , "Crime and Punishment in Islamic Law", Cambridge 2005, p174


Other criticism


  • Article 29(3) of the UDHR states that "These rights and freedoms may in no case be exercised contrary to the purposes and principles of the United Nations." While some feel this effectively places the UN above its own law, which they argue is hypocritical, others point out that the "purposes and principles" of the United Nations refers to principles and goals agreed upon by its Member States, and directed towards world peace, rather than to any functions or operations of the United Nations as an organization.


  • Sometimes specific provisions are singled out for criticism because of their content. For example, Article 30 promotes the ideal of free universal education, and is sometimes derided as "the right to force someone else to pay for my child's education." The right to hold property in common with others is sometimes opposed by anti-corporate activists. The right to marry outside of your caste or clan is opposed by many segregationists.



LANGUAGES

The Guinness Book Of Records describes the UDHR as the "Most Translated Document""The United Nations Decade for Human Rights Eductation", 1995 - 2004", United Nations General Assembly, issued 7 Sept 2000, retrieved 7 May 2007. {Link without Title} in the world.


REFERENCES IN ENTERTAINMENT

The rock band U2 projected the UDHR onto an enormous screen after performing their song " Miss Sarajevo ", and " Running To Stand Still " during their Vertigo tour. Their presentation also included individuals from around the world speaking selected articles of the UDHR. The full UDHR was used during the European and South American legs whilst an edited version was used for audiences in the United States .

The Australian Wave Aid concerts following the 2004 Boxing Day Tsunami featured a large banner containing certain articles of the UDHR.


SEE ALSO


Non-binding agreements



National human rights law



International human rights law



Other



FURTHER READING

  • Johannes Morsink, "The Universal Declaration of Human Rights: Origins, Drafting & Intent" (Philadelphia: University of Pennsylvania Press, 1999).



NOTES






EXTERNAL LINKS