You are on page 1of 6

History of the Document

The Universal Declaration of Human Rights, which was adopted by the UN General Assembly on ! December "#$, was the result of the e%perience
of the &econd 'orld 'ar( 'ith the end of that war, and the creation of the United Nations, the international community vowed never again to allow
atrocities li)e those of that conflict happen again( 'orld leaders decided to complement the UN *harter with a road map to guarantee the rights of every
individual everywhere( The document they considered, and which would later become the Universal Declaration of Human Rights, was ta)en up at the
first session of the General Assembly in "#+( The Assembly reviewed this draft Declaration on ,undamental Human Rights and ,reedoms and
transmitted it to the -conomic and &ocial *ouncil .for reference to the *ommission on Human Rights for consideration ( ( ( in its preparation of an
international bill of rights(. The *ommission, at its first session early in "#/, authori0ed its members to formulate what it termed .a preliminary draft
1nternational 2ill of Human Rights.( 3ater the wor) was ta)en over by a formal drafting committee, consisting of members of the *ommission from
eight &tates, selected with due regard for geographical distribution(
1n "4!, on the second anniversary of the adoption of the Universal Declaration of Human Rights, students at the UN 1nternational Nursery &chool in
New 5or) viewed a poster of the historic document( After adopting it on December !, "#$, the UN General Assembly had called upon all 6ember
&tates to publici0e the te%t of the Declaration and .to cause it to be disseminated, displayed, read and e%pounded principally in schools and other
educational institutions, without distinction based on the political status of countries or territories(. 7UN 8hoto9
The *ommission on Human Rights was made up of $ members from various political, cultural and religious bac)grounds( -leanor Roosevelt, widow
of American 8resident ,ran)lin D( Roosevelt, chaired the UDHR drafting committee( 'ith her were Ren: *assin of ,rance, who composed the first
draft of the Declaration, the *ommittee Rapporteur *harles 6ali) of 3ebanon, ;ice<*hairman 8eng *hung *hang of *hina, and =ohn Humphrey of
*anada, Director of the UN>s Human Rights Division, who prepared the Declaration>s blueprint( 2ut 6rs( Roosevelt was recogni0ed as the driving force
for the Declaration>s adoption(
The *ommission met for the first time in "#/( 1n her memoirs, -leanor Roosevelt recalled?
Dr. Chang was a pluralist and held forth in charming fashion on the proposition that there is more than one kind of ultimate reality. The Declaration,
he said, should reflect more than simply Werstern ideas and Dr. Humphrey would have to be eclectic in his approach. His remark, though addressed to
Dr. Humprhey, was really directed at Dr. alik, from whom it drew a prompt retort as he e!pounded at some length the philosophy of Thomas "#uinas.
Dr. Humphrey $oined enthusiastically in the discussion, and % remember that at one point Dr. Chang suggested that the &ecretariat might well spend a
few months studying the fundamentals of Confucianism'@
1
The final draft by *assin was handed to the *ommission on Human Rights, which was being held in Geneva( The draft declaration sent out to all UN
member &tates for comments became )nown as the Geneva draft(
The first draft of the Declaration was proposed in &eptember "#$ with over 4! 6ember &tates participating in the final drafting( 2y its resolution A/
A 71119 of ! December "#$, the General Assembly, meeting in 8aris, adopted the Universal Declaration of Human Rights with eight nations abstaining
from the vote but none dissenting( HernBn &anta *ru0 of *hile, member of the drafting sub<*ommittee, wrote?
% perceived clearly that % was participating in a truly significant historic event in which a consensus had been reached as to the supreme value of the
human person, a value that did not originate in the decision of a worldly power, but rather in the fact of e!isting(which gave rise to the inalienable
right to live free from want and oppression and to fully develop one)s personality. %n the *reat Hall+there was an atmosphere of genuine solidarity and
brotherhood among men and women from all latitudes, the like of which % have not seen again in any international setting.,
The entire te%t of the UDHR was composed in less than two years( At a time when the world was divided into -astern and 'estern bloc)s, finding a
common ground on what should ma)e the essence of the document proved to be a colossal tas)(
The Foundation of International Human Rights Law
2
Humberto Calamari of Panama, Vice-Chairman of the UN General Assembly's Thir !"ocial, Humanitarian an Cultural# Committee,
$resiin%, in 1&'(, o)er a meetin% on the raft *nternational Co)enant on Ci)il an Political +i%hts - ,hich built on the achie)ement
of the Uni)ersal -eclaration of Human +i%hts, usin% it as its founation. !UN Photo#
The Universal Declaration of Human Rights is generally agreed to be the foundation of international human rights law( Adopted in "#$, the UDHR has
inspired a rich body of legally binding international human rights treaties( 1t continues to be an inspiration to us all whether in addressing inCustices, in
times of conflicts, in societies suffering repression, and in our efforts towards achieving universal enCoyment of human rights(
1t represents the universal recognition that basic rights and fundamental freedoms are inherent to all human beings, inalienable and eDually applicable to
everyone, and that every one of us is born free and eDual in dignity and rights( 'hatever our nationality, place of residence, gender, national or ethnic
origin, colour, religion, language, or any other status, the international community on December ! "#$ made a commitment to upholding dignity and
Custice for all of us(
Foundation for Our Common Future
Ever the years, the commitment has been translated into law, whether in the forms of treaties, customary international law, general principles, regional
agreements and domestic law, through which human rights are e%pressed and guaranteed( 1ndeed, the UDHR has inspired more than $! international
human rights treaties and declarations, a great number of regional human rights conventions, domestic human rights bills, and constitutional provisions,
which together constitute a comprehensive legally binding system for the promotion and protection of human rights(
2uilding on the achievements of the UDHR, the 1nternational *ovenant on *ivil and 8olitical Rights, and the 1nternational *ovenant on -conomic,
&ocial and *ultural Rights entered into force in "/+( The two *ovenants have developed most of the rights already enshrined in the UDHR, ma)ing
them effectively binding on &tates that have ratified them( They set forth everyday rights such as the right to life, eDuality before the law, freedom of
e%pression, the rights to wor), social security and education( Together with the UDHR, the *ovenants comprise the 1nternational 2ill of Human Rights(
Ever time, international human rights treaties have become more focused and speciali0ed regarding both the issue addressed and the social groups
identified as reDuiring protection( The body of international human rights law continues to grow, evolve, and further elaborate the fundamental rights
and freedoms contained in the 1nternational 2ill of Human Rights, addressing concerns such as racial discrimination, torture, enforced disappearances,
disabilities, and the rights of women, children, migrants, minorities, and indigenous peoples(
/
Universal Values
The core principles of human rights first set out in the UDHR, such as universality, interdependence and indivisibility, eDuality and non<discrimination,
and that human rights simultaneously entail both rights and obligations from duty bearers and rights owners, have been reiterated in numerous
international human rights conventions, declarations, and resolutions( Today, all United Nations member &tates have ratified at least one of the nine core
international human rights treaties, and $! percent have ratified four or more, giving concrete e%pression to the universality of the UDHR and
international human rights(
Ho, -oes *nternational 0a, Protect Human +i%hts1
1nternational human rights law lays down obligations which &tates are bound to respect( 2y becoming parties to international treaties, &tates assume
obligations and duties under international law to respect, to protect and to fulfil human rights( The obligation to respect means that &tates must refrain
from interfering with or curtailing the enCoyment of human rights( The obligation to protect reDuires &tates to protect individuals and groups against
human rights abuses( The obligation to fulfil means that &tates must ta)e positive action to facilitate the enCoyment of basic human rights(
Through ratification of international human rights treaties, Governments underta)e to put into place domestic measures and legislation compatible with
their treaty obligations and duties( The domestic legal system, therefore, provides the principal legal protection of human rights guaranteed under
international law( 'here domestic legal proceedings fail to address human rights abuses, mechanisms and procedures for individual and group
complaints are available at the regional and international levels to help ensure that international human rights standards are indeed respected,
implemented, and enforced at the local level(
2
THE DRAFTERS OF THE UI!ERSAL
DE"LARATIO OF HU#A RI$HTS
'
TH3 -+A4T*NG C566*TT33
Top row, from left:
Dr( *harles 6ali) 73ebanon9
Ale%andre 2ogomolov 7U&&R9
Dr( 8eng<chun *hang 7*hina9
Middle row, from left:
Ren: *assin 7,rance9
-leanor Roosevelt 7U&9
*harles Du)es 7United Fingdom9
Bottom row, from left:
'illiam Hodgson 7Australia9
Hernan &anta *ru0 7*hile9
=ohn 8( Humphrey 7*anada9
7

You might also like