Universal Declaration of Human Rights

The first step in implementing the new directives on human rights was to articulate a vision for these rights that all the members of the United Nations could embrace. Eleanor Roosevelt, former First Lady and widow of Franklin Delano Roosevelt, lead the working group that would put together this document. It took two full years, 81 meetings, 168 amendments, and nearly 1,400 votes for the document to be accepted.

On December 10, 1948, the UN General Assembly (comprised of 58 member states at the time) accepted the Universal Declaration of Human Rights without objection, with eight countries including all six communist countries associated with the Soviet Union, South Africa, and Saudi Arabia abstaining (48-0-8).¹ (For more on the how the debate over human rights was influenced by the emerging Cold War between the United States and Soviet Union, see “Negative vs. Positive Rights”).

The Universal Declaration is primarily a statement of principle, a foundation upon which the legal framework for practical protections of the agreed upon rights could be constructed. Above all, the Declaration was conceived as “a common statement of mutual aspirations--a shared vision of a more equitable and just world.”²

The achievement of consensus among the diverse array of UN member states was almost as important as the substance of the document itself. The members of the working group and the UN General Assembly strove to accommodate the sometimes competing and conflicting claims of all the world’s cultures, ideologies, religions, and political interests, and to balance the different needs and capacities of both developed and developing countries.³ In the end, most agree that the Declaration managed to achieve this delicate balance, despite the claims of subsequent critics that the institutional processes underpinning its drafting and acceptance were largely driven by the Western powers that dominated the UN at the time of its founding (see Human Rights and Culture).

The Universal Declaration can be divided into five thematic sections, preamble; a definition of the basis and extent of all human rights (Articles 1-2); an outline of civil and political rights (Articles 3-21); an outline of economic, social, and cultural rights (Articles 22-27); and a conclusion that broadly describes the background conditions necessary for the exercise of the specified rights (Articles 28-30).

THE COMPLETE PREAMBLE The preamble—a truly landmark statement about what human rights mean, where they come from, and what purposes they serve—is the cornerstone of all modern human rights law. It is presented here in its entirety: 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.4

Introductory Articles

Article 1 clarifies the basis of all human rights, which rests on the premise that “all human beings are born free and equal in dignity and rights.” As human beings, “endowed with reason and conscience,” all people are entitled to the same standard of protection of respect, not only by governments but also by their fellow men and women. Each individual should “act towards one another in a spirit of brotherhood.”⁵

This article introduces the central concept of human dignity from which all human rights are derived. It is also remarkable for stressing the universal nature of these rights.

Article 2 asserts the complete universality of human rights, “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.” In addition, rights are not conferred on individuals “on the basis of the political, jurisdictional or international status of the country or territory to which a person belongs.”⁶

This provision is important because previous conceptions held that rights emanated from sovereign governments or rules and were often ultimately traced back to a form of divine sanction (see “Human Rights vs. Natural Rights”). The Universal Declaration severed rights from the question of citizenship, opening the door to a new kind of personal identity rooted in global citizenship. This modern identity would serve as a complement, if not substitute, for membership in a particular nation-state. It also ensured that protection would be extended to stateless peoples, such as refugees, or those who were oppressed within existing states (see “Perspectives on Rights”).

Civil and Political Rights

Articles 3-21 of the Universal Declaration list, in brief form, the civil and political rights to which all people are entitled. Many of these rights will sound familiar, as they have much in common with the constitutions of many advanced democracies, such as the United States and France (see “Human Rights vs. Natural Rights”).

Rights articulated in these sections include: the right to life, liberty and security (Article 3); freedom from slavery, torture and “inhuman or degrading treatment or punishment” (Article 4-5); the right to equal protection from discrimination and due process of law (Articles 6-8, 10-11); freedom from “arbitrary arrest, detention or exile” (Article 9); freedom from “arbitrary interference with his privacy, family, home or correspondence” (Article 12); freedom of movement and of asylum in the face of persecution (Articles 13-14); the right to marry as one chooses and have a family (Article 16); the right to own property (Article 17); freedom of thought, conscience, religion, expression and association (Article 18-20); and the right to belong to a nationality, to engage in political participation and to enjoy equal access to public services (Articles 15, 21).⁷

A number of these rights – including the freedom from torture and political rights – will be discussed at length in the sections that follow.

Economic, Social, and Cultural Rights

Articles 22-27 specify the economic, social and cultural rights that belong to all individuals above and beyond the basic political freedoms described above. While many U.S. citizens often do not think of the protections that fall in these areas as “rights,” strictly defined, many other countries in the world do, particularly countries with more socialized forms of government such as those in Western Europe.

Article 22 presents the rationale that justifies the inclusion of these rights in the Universal Declaration; it is quoted here in its entirety:

Everyone, as a member of society, has the right to social security and is entitled to realization, through national efforts 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.⁸

This provision is remarkable in several respects. First, it holds that economic, social and cultural rights help create the background conditions necessary for the realization of human dignity, which Article 1 had established as the foundation for all human rights. The clause makes explicit what is implicit in the notion of human rights: that one must enjoy a measure of peace, health, and security in one’s environment as a precondition for being able to exercise one’s private rights.

Second, it calls not only for national action to secure these rights but also for “international co-operation.” This means that national governments have a responsibility to help other countries meet these human rights obligations in addition to meeting their own. It is therefore no longer acceptable for countries to know that violations are occurring elsewhere and not take any action. Whether this “co-operation” takes the form of more passive measures, such as technical assistance, or more active measures such as intervention is a complex question, some of the ramifications of which will be explored later in this brief (see “The Problem of Humanitarian Intervention.”)

Third, Article 22 recognizes that countries have different capacities, in terms of political “organization and resources,” to achieve the economic, social and cultural objectives specified in the Universal Declaration. It is important that each nation make all reasonable efforts within these constraints to fulfill its obligations to its people and the international community.

The rest of the enumerated rights in this section guarantee: the right to employment, non-discrimination in pay, a decent wage or supplemental income to ensure “for himself and his family an existence worthy of human dignity,” and unionization (Article 23); the right to rest and leisure (Article 24); the right to a standard of living that includes the determinants of physical well-being, such as “food, clothing, housing and medical care and necessary social services” as well as forms of social insurance that protect an individual in the case of “unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control” (Article 25); the right to education and “full development of the human personality” (Article 26); and the right to “participate in the cultural life of the community” and benefit from scientific and technological advances (Article 27).⁹

These rights involve complex questions in terms of how they should be interpreted and implemented. What does it mean, for instance, that one has the right to “full development of the human personality?” What constitutes “an existence worthy of human dignity?” Because these standards essentially bring the entire realm of social and economic policy into the domain of human rights, some believe they make the very notion of “rights” problematic, possibly eroding or weakening the imperative rigorously to enforce all human rights (see “Rights vs. Duties vs. Aspirations”).

Further Reading:

Lauren, Paul Gordon. The Evolution of International Human Rights: Visions Seen. Philadelphia: University of Pennsylvania Press, 1998

Morsink, Johannes. The Universal Declaration of Human Rights: Origins, Drafting and Intent. Philadelphia: University of Pennsylvania Press, 1999