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Universal Declaration Of Human Rights - Background, Provisions

And Significance
Last Updated on May 25, 2023

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Overview Test Series

The Universal Declaration of Human Rights is a global document that establishes the human rights
and civil liberty of every person in the world. The General Assembly of the United Nations adopted this
declaration on 10th December 1948, primarily as a response to the actions of the Second World War.
This declaration contains 30 articles that will apply to every human being on this planet, irrespective of
religion, race, nationality, and gender.

In this article, we shall be discussing the different aspects of the universal declaration of human rights,
like meaning, historical background, objectives, and importance.

The Universal Declaration of Human Rights is often in the news as it is one of the most comprehensive
documents on human rights. Therefore, it becomes important for the UPSC IAS exams. It forms an
important part of the General Studies syllabus of Prelims and the syllabus of General Studies Mains
Paper 2. The UPSC aspirants can also take the help of Testbook's UPSC CSE Coaching. This helps boost
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The universal declaration of human rights was discussed and vetted by United Nations Commission on
series PDF
Human Rights members. Even though this declaration is non-binding on member states, different
countries have incorporated the set of rights and freedom mentioned in this in their respective
constitution.

India played a pivotal role in drafting the articles on human rights and individual freedom mentioned in
the declaration. The International Bill of Human Rights includes the International Covenant on Covil and
Political Rights and its two optional protocols, the Universal Declaration of Human Rights (UDHR) and
the International Covenant on Economic, Social, and Cultural Rights.

10th December, the day the United Nations General Assembly adopted this declaration, is celebrated as
International Human Rights Day every year. As per the Freedom in the World Report 2022, India has
been ranked as a partly free country in terms of freedom and democratic society.

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History Of the Universal Declaration Of Human Rights

The Second World War was one of the bloodiest wars in human history. As an aftermath of this war and
to seek a peaceful future, a group of 51 countries founded the United Nations in October 1945.

One of the major objectives behind establishing the United Nations was to prevent future World Wars
and secure human rights and individual liberty. The Universal Declaration of Human Rights was the
brainchild of Eleanor Roosevelt, wife of former US President Franklin D Roosevelt. She was instrumental
in forming and adopting the UDHR at the United Nations General Assembly.

President of the United States of America, Harry Truman, appointed Eleanor Roosevelt to the US
delegation to the United Nations in 1945. She had earned her reputation as a champion of international
civil liberty and respect for human rights. She became the United Nations Commission on Human
Rights chairperson in April 1946. Just after being appointed chairperson of the UN Commission on
Human Rights, she started drafting the universal human rights declaration.
 Her vision and ideals regarding respect for human rights and dignity, as well as her desire for global
peace, had evolved from the experience of world wars. Eleanor also visited some of Europe's devastated
cities after the war ended. All these experiences helped her develop strong willpower and desire to
prevent future wars and bring the conversation on human rights to the centre of all discussion.

However, the task of formulating a document on human rights was not an easy one. The new world
powers, the USA and the Soviet Union had their own definition of human rights and could not reach a
consensus. Moreover, many conservative politicians in the US opposed the inclusion of economic and
social rights in the universal declaration as they considered it to be influenced by the communist
ideology.

Hansa Mehta, India’s representative to the UN Commission on Human Rights, was the only other
woman on the panel. She persuaded the members to change the wording of the first article, which was
written as “All men are born equal”, to “All human beings are born equal”.

The Universal Declaration of Human Rights would serve as a model framework for several countries that
included almost all human rights in their respective constitutional setup. Finally, the Universal
Declaration on Human Rights was adopted on 10th December 1948.

Also, Read here about the Fundamental Duties of Article 51A.

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Universal Declaration On Human Rights And Its Provisions

It is a set of 30 human rights and individual liberty that sheds light on an individual’s freedom and
human dignity.
These rights are equally applicable to all human beings irrespective of race, religion, nationality,
and gender.
This universal declaration accelerated the process of formulating international human rights law. It
also paved the way for the enactment of the international bill of human rights.
The declaration does not have any legal mandate. Even though the articles have been
incorporated into different national legal frameworks, international agreements and several human
rights instruments.
One important point to note is that all 193 countries have officially ratified at least one of the nine
legally binding treaties of Universal Declaration of Human Rights.

Here is a detailed guide on the Right to Speech and Freedom (Article 19)!

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Articles Under UDHR

Here are the articles mentioned under the universal declaration of human rights:

Articles Content

Articles These articles conveyed the fundamental ideas of liberty, equality, and dignity.
1-2

Article 3- Article 3-5 stresses upon the protection of other fundamental rights.
5 They include the right to life and the prohibitions against slavery and torture.

Article 6- The legitimacy of the underlying human rights is established by these articles.
11 They also outline legal actions a person may take to enforce their rights if they
have been violated.

Article It guarantees people's rights in relation to their communities.

12-17 Article 12-17 covers things like the right to nationality, the right to own property,
the ability to move around freely and live wherever one chooses, etc.

Articles It mentions constitutional liberties.

18-21 It covers the rights to free speech, an association without violence, opinion and
thinking expression, religion and conscience practise, and the dissemination and
 receipt of information via any media.

Articles It includes a person's cultural, social, and economic rights.

22-27 The right to healthcare is the most crucial freedom.
These articles include the need for accommodations for individuals with physical
disabilities.
It focuses on the need to have the right to a reasonable standard of living.
It focuses on the need of special care for children and new mothers.

Articles These articles specify how these rights may be exercised.

28-30 They also outlines the circumstances under which these rights cannot be
exercised.
They mention the obligations that each person has to society.
Additionally, it states that these rights cannot be used in a way that undermines
United Nations’ goals.

Objectives Of Universal Declaration Of Human Rights

Here are some of the major objectives of the universal declaration of human rights:

The preamble of Universal Declaration of Human Rights states that the destruction and misery
caused during the second world war made it necessary to have a clearer understanding of human
rights and dignity.
The Universal Declaration of Human Rights aimed to create a universal standard of human rights.
It emphasised recognising human dignity and equality.
This declaration aimed at establishing peace, justice and freedom in the world by recognising the
inalienable rights of mankind.
Another important objective of the universal declaration of human rights was to work towards
fulfillment of the pledges mentioned in the UN Charter.

Significance Of UDHR
Here are some reasons to showcase the significance of Universal Declaration of Human Rights:

The human rights declaration is considered a ground-breaking document which provides us with a
set of most fundamental human rights necessary for the survival and progress of humans.
It is an apolitical and secular document transcending all barriers based on culture, gender, religion
and political ideologies.
The widely used phrase “rule of law” was first used in this document. It implies that all human
beings are equal in the eyes of the law irrespective of territorial, jurisdiction and political
ideologies.
Even though it is not legally binding on national states, the human rights declaration has become
the foundation for fundamental rights and individual liberty in different national constitutions and
regional and multilateral agreements.
It is an important foundational document of the United Nations and part indirectly a part of the
UN charter.
Here is a list of fundamental rights mentioned in our Constitution.

National Human Rights Commission (NHRC)

The National Human Rights Commission is an independent statutory set up by the Protection of
Human Rights Act 1993. As per the provisions of this act, the chairperson of NHRC shall be either the
Chief Justice of India or a judge of the Supreme Court. It was set up in compliance with the Paris
Principles of Human Rights 1991.

This body acts as a watchdog for the protection of human rights in India. It preserves the right to life,
equality, dignity and liberty of citizens, which is guaranteed by the Constitution as well as several
international covenants. It acts as a check against the executive to ensure that the human rights of the
citizens are not violated.

Apart from the chairperson, there are eight members of NHRC. Out of these, four are permanent
members, and four are deemed members. A committee comprising the Prime Minister, Union Home
Minister, Speaker of Lok Sabha, Deputy Chairperson of the Rajya Sabha and Leader of Opposition in
both houses of the Parliament selects and recommends the name of members to the President.

About Human Rights Council

It is an inter-governmental body established as an independent organ of the United Nations. The
council consists of 47 members, and these members are elected by the United Nations General
Assembly. It aims to protect and promote human rights and individual freedom. The Human Rights
Council was established on 15th March 2006, with its headquarters in Geneva, Switzerland.

One of the most important functions of the Human Rights Council is to undertake Universal Periodic
Review. Under this, the human rights record of all 193 member nations is reviewed and scrutinised by
the Council once every four years. The Secretariat of the Human Rights Council is the Office of the High
Commissioner of Human Rights.

Conclusion
The universal declaration of human rights is a detailed document outlining the basic principles of
human rights. It treats all human beings as equal and aims to preserve the rights and freedoms of all
individuals transcending caste, colour, nationality, political ideology, religion, etc. A number of
fundamental rights enshrined in our constitution are also taken from the Universal Declaration of
Human Rights. This document serves as the guiding light for humanity in the modern world, where the
rise of authoritarian regimes threatens to take away or crush most cherished human rights.

Previous Year Questions On Universal Declaration On Human Rights

1. Though the Human Rights Commissions have contributed immensely to the protection of human
rights in India, yet they have failed to assert themselves against the mighty and powerful.
Analysing their structural and practical limitations, suggest remedial measures.(2021)

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