UNIVERSAL DECLARATION OF HUMAN RIGHTS (1948, POST WORLD WAR 2)

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An Assignment Paper

Submitted to

Dr. Rathna Kumar

Acts Academy of Higher Education

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In Partial Fulfilments

Of the Requirements for

Human Rights

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By

Thanreihor Shinglai

October 13, 2021

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INTRODUCTION

The Universal Declaration of Human Rights (UDHR) is a historic document that was
adopted by the United Nations General Assembly at its third session on 10 December 1948 as
Resolution 217 at the Palais de Chaillot in Paris, France. Out of 58 members of the United
Nations, 48 voted in favour, none against, eight abstained, and two did not vote.1

The Declaration consists of 30 articles affirming an individual’s rights which, although not
legally binding in themselves, have been elaborated in subsequent international treaties,
economic transfers, regional human rights instruments, national constitutions, and other laws.
The Declaration was the first step in the process of formulating the International Bill of
Human Rights, which was completed in 1966, and came into force in 1976, after a sufficient
number of countries had ratified them.2

Some legal scholars have argued that because countries have constantly invoked the
Declaration for more than 50 years, it has become binding as a part of customary
international law.3 However, in the United States, the Supreme Court in Sosav Alvarez-
Machain (2004) concluded that the Declaration “does not of its own force impose obligations
as a matter of international law.”Courts of other countries have also concluded that the
Declaration is not in and of itself part of domestic law.4

History

During World War II, the Allies adopted the Four Freedoms. 1. Freedom of speech. 2.
Freedom of religion. 3. Freedom from fear, and 4. 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.5
When the atrocities committed by Nazi Germany became fully apparent after World War II,
the consensus within the world community was that the United Nations Charter did not

1
Brown, Gordon. The Universal Declaration of Human Rights in the 21st Century: A Living Document
in a Changing World (Open Book Publishers. 2016), P.4.
2
Peter Danchin. The Universal Declaration of Human Rights: Drafting History – 10. Plenary Session of
the Third General Assembly Session. Pp. 169–170
3
Ibid., 173.
4
www.humanrights.com/what-are-human-rights/universal-declaration-of-human-rights. Accessed on 6
January, 2021.
5
Peter Danchin. The Universal Declaration of Human Rights: Drafting History – 10. Plenary Session of
the Third General Assembly Session. Pp. 180.

2
sufficiently define the rights to which it referred. A universal declaration that specified the
rights of individuals was necessary to give effect to the Charter’s provisions on human
rights.6

Adoption

The Universal Declaration was adopted by the General Assembly as Resolution 217
on 10 December 1948. Out of 58 members of the United Nations, 48 voted in favour, none
against, eight abstained and Honduras and Yemen failed to vote or abstain.7
The meeting record provides firsthand insight into the debate. South Africa’s position can be
seen as an attempt to protect its system of apartheid, which clearly violated several articles in
the Declaration. The Saudi Arabian delegation’s abstention was prompted primarily by two
of the Declaration’s articles:8 Article 18, which states that everyone has the right to change
his religion or belief; and Article 16, on equal marriage rights.9 The six communist countries
abstentions centred on the view that the Declaration did not go far enough in condemning
fascism and Nazism. Eleanor Roosevelt attributed the abstention of Soviet bloc countries to
Article 13, which provided the right of citizens to leave their countries.10

Significance

In 1948, the United Nation Resolution 217 adopted the Declaration on a bilingual
document in English and French, and official translations in Chinese, Russian and Spanish. In
2009, the Guinness Book of Records described the Declaration as the world’s “Most
Translated Document” (370 different languages and dialects). 11
In its opening, governments commit themselves and their people to progressive measures
which secure the universal and effective recognition and observance of the human rights set
out in the Declaration. Eleanor Roosevelt supported the adoption of the Declaration as a
declaration rather than as a treaty because she believed that it would have the same kind of
influence on global society as the United States Declaration of Independence had within the
6
Ibid. Accessed on 8 January 2021.
7
.Brown, Gordon. The Universal Declaration of Human Rights in the 21st Century: A Living Document
in a Changing World (Open Book Publishers. 2016), P.4.
8
Williams, Paul. The International bill of human rights. United Nations General Assembly (USA,:
Entwhistle Books,1981), P.39
9
en.wikipedia.org/wiki/Universal_Declaration_of_Human_Rights. Accessed on 6 Juanaury, 2021.
10
Glendon, Mary Ann. A world made new: Eleanor Roosevelt and the Universal Declaration of Human
Rights ( Chicago: Random House, 2002), P.107
11
Peter Danchin. The Universal Declaration of Human Rights: Drafting History – 10. Plenary Session of
the Third General Assembly Session. P. 195.

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United States. In this, she proved to be correct. Even though it is not legally binding, the
Declaration has been adopted in or has influenced most national constitutions since 1948.12 It
has also served as the foundation for a growing number of national laws, international laws,
and treaties, as well as for a growing number of regional, sub-national, and national
institutions protecting and promoting human rights.13
For the first time in international law, the term “the rule of law” was used in the
opening of the Declaration. The third paragraph of the opening of the Declaration reads as
follows: “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.”14

Legal Effect
While not a treaty itself, the Declaration was explicitly adopted for the purpose of
defining the meaning of the words “fundamental freedoms” and “human rights” appearing in
the United Nations Charter, which is binding on all member states. For this reason, the
Universal Declaration of Human Rights is a fundamental constitutive document of the United
Nations. In addition, many 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 the Declaration “constitutes an obligation for the
members of the international community” to all persons. The Declaration has served as the
foundation for two binding United Nation human rights covenants: the International
Covenant on Civil and Political Rights and the International Covenant on Economic, Social
and Cultural Rights. The principles of the Declaration are elaborated in international treaties
such as the International Convention on the Elimination of all forms of Racial
Discrimination, the International Convention on the Elimination of Discrimination against
women, the United Nations Convention on the Rights of the Child, the United Nations
Convention against Torture, and many more.15 The Declaration continues to be widely cited
by governments, academics, advocates, and constitutional courts, and by individuals who
appeal to its principles for the protection of their recognised human rights.

12
www.un.org/en/universal-declaration-human-rights/Accessed on 7 January, 2021.
13
Michael E. Eidenmuller “Eleanor Roosevelt: Address to the United Nations General Assembly”
Americanrhetoric.com. Accesssed on 9 January, 2021.
14
en.wikipedia.org/wiki/Universal_Declaration of_Human_Rights . Accessed on 9 January 2021.
15
www.un.org/en/universal-declaration-human-rights/ Accessed on 9 January, 2021.

4
The Declaration
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.16 Whereas it is essential, if man is not to be
compelled to have recourse, as a last resort, to rebellion against domination 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, but the common understanding of these rights and freedoms is of the
greatest importance for the full realization of this pledge.17
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.18

International Human Rights Day

The Declaration of Human Rights Day is commemorated every year on December 10,
the anniversary of the adoption of the Universal Declaration, and is known as Human Rights
Day or International Human Rights Day. The commemoration is observed by individuals,

16
Morsink, Johannes. The Universal Declaration of Human Rights: origins, drafting, and intent (New
York: University of Pennsylvania Press, 1999), Pp. 73-74
17
Ibid., P.81
18
Brown, Gordon. The Universal Declaration of Human Rights in the 21st Century: A Living Document
in a Changing World (Open Book Publishers. 2016), P.168.

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community and religious groups, human rights organizations, parliaments, governments, and
the United Nations. Decadal commemorations are often accompanied by campaigns to
promote awareness of the Declaration and human rights.19 2008 marked the 60th anniversary
of the Declaration, and was accompanied by year-long activities around the theme “Dignity
and justice for all of us”.20
Conclusion

Human rights are moral principles that set out specific standards of human behaviour,
and are normally ensured as lawful rights in both national and global law. They are
acknowledged to be inalienable, since anybody is characteristically qualified for it essentially
on the grounds that they are individuals. Whatever our nationality, sex, religion, dialect, or
ethnic source is, we are all just as qualified for our rights without separation or discrimination.
All human rights are resolute and interdependent, whether they are civil and political rights, or
economic, social and cultural rights. Also, the hardship of one right unfavourably influences the
others. While choosing which rights are human rights, it is conceivable to make either
excessively little or excessively of worldwide records. At the point when a right is on the
authority records of human rights which settle its status as a human right.

Bibliography
Danchin. Peter, The Universal Declaration of Human Rights: Drafting History – 10. Plenary
Session of the Third General Assembly Session.

E. Eidenmuller. Michael, Eleanor Roosevelt: Address to the United Nations General

Assembly Americanrhetoric.com. Accesssed on 9 January, 2021.

Gordon. Brown, The Universal Declaration of Human Rights in the 21st Century: A Living
Document in a Changing World, Open Book Publishers. 2016.

Johannes. Morsink, The Universal Declaration of Human Rights: origins, drafting, and
intent. New York: University of Pennsylvania Press, 1999.

Mary Ann. Glendon, A world made new: Eleanor Roosevelt and the Universal Declaration
of Human Rights. Chicago: Random House, 2002.

Paul. Williams, The International bill of human rights. United Nations General Assembly.
USA,: Entwhistle Books,1981.

Internet Source
19
“The Universal Right to Free Expression” American Library Association. Accessed on 10 Juanuary,
2021.
20
Ibid.

6
en.wikipedia.org/wiki/Universal_Declaration_of_Human_Rights. Accessed on 6 Juanaury,
2021.
www.humanrights.com/what-are-human-rights/universal-declaration-of-human-rights.
Accessed on 6 January, 2021.

www.un.org/en/universal-declaration-human-rights/Accessed on 7 January, 2021.

“The Universal Right to Free Expression” American Library Association. Accessed on 10

Juanuary, 2021.