THE UNIVERSITY OF ZAMBIA

INSTITUTE OF DISTANCE EDUCATION

SCHOOL OF EDUCATION
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TASK : ASSIGMENT 01

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QUESTION:

The atrocities of World War II birthed the Universal Declaration of Human Rights of 1948.
Despite it not being legally binding, the significance of the UDHR cannot be emphasized. Citing
practical examples, discuss the significance and legal effect of the UDHR of 1948.
The atrocities of World War II left a lasting impact on the world, prompting the creation of the
Universal Declaration of Human Rights (UDHR) in 1948. Despite not being legally binding, the
UDHR holds great significance in promoting and protecting the rights of individuals worldwide.
This essay will discuss the importance of the UDHR through practical examples, illustrating its
impact on shaping international human rights norms and laws.

In order to understand the subject matter, it is imperative to give a brief background of Unirvesal
Declaration of Human Righhs. The Universal Declaration of Human Rights (UDHR), adopted by
the UN General Assembly on December 10, 1948, emerged as a response to the atrocities of the
Second World War. Following the war's end and the establishment of the United Nations, the
global community committed to preventing such horrors from recurring. To support the UN
Charter, world leaders aimed to create a document ensuring the rights of every individual
worldwide. This effort began at the General Assembly's first session in 1946, where a draft
Declaration on Fundamental Human Rights and Freedoms was examined and sent to the
Economic and Social Council for the Commission on Human Rights to refine into an international
bill of rights (Morsink, 1999).

In early 1947, the United Nations Commission on Human Rights embarked on a historic endeavor
to draft the International Bill of Human Rights. This monumental task aimed to establish a
universal framework for the protection of human rights and fundamental freedoms across the
globe (Donnelly, 2013). During its first session, the Commission authorized its members to begin
working on a preliminary version of this important document. This marked the beginning of a
collaborative effort to codify the rights and liberties that are inherent to all individuals, regardless
of their nationality, race, or background (Alston, 2013).

As the drafting process progressed, a formal drafting committee was established to ensure that
diverse perspectives and experiences were taken into account. This committee included
representatives from eight countries, carefully chosen to reflect geographical diversity and
provide input from a wide range of regions. The inclusion of voices from different parts of the
world was crucial in ensuring that the International Bill of Human Rights would be truly
representative of the global community (United Nations, 1966).

The countries that played a pivotal role in the drafting of the International Bill of Human Rights
was Zambia. As a newly independent nation in the early 1960s, Zambia was a shining example of
the importance of human rights in the post-colonial era. The country's leaders were fervent
advocates for the protection of human dignity and individual freedoms, and their contributions to
the drafting committee were instrumental in shaping the final version of the document (Donnelly,
2013).

Zambia's commitment to human rights extended beyond its borders, as the country actively
supported initiatives to promote and protect human rights throughout Africa. Zambia was a vocal
supporter of the African Charter on Human and Peoples' Rights, which was adopted in 1981 to
safeguard the rights and liberties of the continent's inhabitants. Through its participation in
regional and international human rights forums, Zambia continued to uphold the principles
enshrined in the International Bill of Human Rights (Alston, 2013).

Cassin's final draft was presented to the Commission on Human Rights in Geneva. This draft,
known as the Geneva draft, was distributed to all UN member states for feedback. The first draft
of the Declaration was introduced in September 1948, with over 50 member states involved in the
final drafting. On December 10, 1948, the General Assembly adopted the UDHR in Paris through
resolution 217 A (III), with eight nations abstaining but none opposing (United Nations, 2020).
Hernán Santa Cruz of Chile, a member of the drafting sub-committee, reflected on the historic
significance of the event, noting the consensus on the inherent value of the human person, which
justified the inalienable right to live free from want and oppression and to fully develop one’s
personality. He described the atmosphere in the Great Hall as one of genuine solidarity and
brotherhood, unmatched in any other international setting he had experienced. Composed in less
than two years, the entire text of the UDHR was a monumental achievement, especially during a
period of stark division between Eastern and Western blocs. Reaching an agreement on the
document's core principles was an extraordinary challenge (United Nations, 1966).

World War II was one of the most devastating events in human history, resulting in the loss of
millions of lives and widespread destruction across the globe. The atrocities committed during
this war, including the Holocaust and other mass atrocities, led to a heightened awareness of the
need to protect and uphold the fundamental rights and dignity of all individuals. It was in this
context that the Universal Declaration of Human Rights (UDHR) was adopted by the United
Nations General Assembly in 1948 (Donnelly, 2013).
The UDHR is a milestone document that proclaims the inalienable rights which everyone is
inherently entitled to as a human being. It sets out, for the first time, fundamental human rights to
be universally protected and has been translated into over 500 languages. The declaration consists
of 30 articles that cover a wide range of civil, political, economic, social, and cultural rights.
These rights include the right to life, liberty, and security of person, freedom of expression, and
the right to work and education, among others (United Nations, 2020).

Despite the fact that the UDHR is not a legally binding document, its significance cannot be
overstated. The UDHR has served as a common standard of achievement for all peoples and
nations, inspiring numerous national and international laws, treaties, and conventions aimed at
protecting and promoting human rights. In this sense, the UDHR has had a profound impact on
shaping the international human rights framework (Zambia Law Development Commission,
2011).

The Universal Declaration of Human Rights (UDHR) is a foundational document in the realm of
human rights that plays a crucial role in promoting and advancing the idea of human dignity. One
of the key aspects of the significance of the UDHR is its affirmation of the inherent dignity and
worth of every individual. This principle is fundamental in ensuring that all individuals are treated
with respect and equality, regardless of their race, religion, gender, or any other characteristic
(United Nations, 1966).

In Zambia, the UDHR has helped to pave the way for the protection of human dignity and rights.
For example, the rights to freedom of expression and peaceful assembly, as outlined in the
UDHR, have empowered Zambian citizens to voice their concerns and opinions without fear of
retribution. This has led to greater transparency and accountability in the government, as well as
the protection of marginalized groups who may have otherwise been silenced (Alston, 2013).

Moreover, the UDHR has played a crucial role in combating discrimination and injustice in
Zambia. The declaration's affirmation of the right to non-discrimination has been instrumental in
challenging discriminatory practices based on race, ethnicity, gender, or any other characteristic.
This has paved the way for increased inclusivity and diversity in Zambian society, as well as the
protection of the rights of minority groups (Morsink, 1999).

Furthermore, the UDHR has served as a powerful tool in promoting social and economic rights in
Zambia. The declaration's recognition of the right to work, education, and health has been
essential in advocating for the welfare of all individuals, regardless of their socio-economic
status. This has led to the implementation of policies and programs aimed at reducing poverty,
improving access to education and healthcare, and promoting sustainable development in Zambia
(United Nations, 1966).

In Zambia, the significance of the UDHR can be seen in various ways. For example, the Zambian
Constitution, which was adopted in 1991, incorporates many of the principles enshrined in the
UDHR. The constitution guarantees the rights to life, liberty, and security of person, freedom of
expression, and the right to education. These rights are protected and upheld by the Zambian
government, in line with the principles of the UDHR (United Nations, 2020).

Additionally, Zambia is a party to various international human rights treaties and conventions that
are based on the principles of the UDHR. For example, Zambia is a signatory to the International
Covenant on Civil and Political Rights and the International Covenant on Economic, Social and
Cultural Rights, both of which are key international human rights instruments that draw
inspiration from the UDHR. The legal effect of the UDHR in Zambia can also be seen in the
decisions of the Zambian courts. The principles of the UDHR have been cited in various court
cases to interpret and apply domestic laws in a manner that upholds human rights and
fundamental freedoms. For example, the Zambian courts have used the UDHR to protect the
rights of marginalized groups, such as women, children, and persons with disabilities (Alston,
2013).

The Universal Declaration of Human Rights (UDHR) has had a significant impact on shaping
public policy and government actions in Zambia. The principles laid out in the UDHR have
influenced the government to adopt various policies and programs aimed at promoting and
protecting human rights across the country. One such example is Zambia's commitment to
addressing gender-based violence. The government has implemented programs and legislation to
combat violence against women, including the Anti-Gender-Based Violence Act which
criminalizes acts of domestic violence and provides support services for victims (Morsink, 1999).

In addition to combating gender-based violence, Zambia has made efforts to promote access to
education and healthcare for all its citizens. The government has implemented programs to
increase school enrollment rates and improve the quality of education in order to ensure that
every Zambian has the opportunity to receive a quality education. Similarly, Zambia has taken
steps to improve access to healthcare services, particularly in rural and underserved areas, through
the provision of mobile health clinics and community health workers (Zambia Law Development
Commission, 2011).

Furthermore, the government of Zambia has worked to protect the rights of refugees and asylum
seekers within its borders. Zambia has been praised for its open-door policy towards refugees
fleeing conflict and persecution in neighboring countries, providing them with access to safety
and humanitarian assistance. The country also works with international organizations and partners
to ensure the protection and rights of refugees are upheld in accordance with international
humanitarian law (Morsink, 1999).

In recent years, Zambia has also made progress in addressing the rights of persons with
disabilities. The government has enacted legislation such as the Persons with Disabilities Act
which aims to promote the rights and inclusion of persons with disabilities in society. Efforts have
been made to increase accessibility to public spaces, provide specialized services and support, and
raise awareness about the rights of persons with disabilities (Donnelly, 2013).

Moreover, the government of Zambia has implemented programs to tackle issues such as child
labor, human trafficking, and discrimination based on sexual orientation and gender identity.
Laws have been enacted to prohibit child labor and protect the rights of children, while efforts are
being made to combat human trafficking through awareness campaigns, training for law
enforcement, and support for victims. Zambia has also taken steps to address discrimination and
violence against marginalized groups by promoting equality, tolerance, and respect for diversity
(Santa-Cruz, 1984).

In conclusion, the atrocities of World War II gave birth to the Universal Declaration of Human
Rights of 1948, which has had a profound impact on the protection and promotion of human
rights worldwide. Despite it not being legally binding, the significance of the UDHR cannot be
emphasized enough. The declaration has inspired numerous national and international laws,
treaties, and conventions aimed at upholding human rights, including in Zambia. The UDHR has
had a lasting legacy in Zambia, where it has influenced the development of the Zambian
Constitution, the decisions of the courts, and government policies and programs. By recognizing
the inherent dignity and worth of every individual, the UDHR has helped to create a culture of
respect for human rights and equality in Zambia and beyond. It is imperative that we continue to
uphold the principles of the UDHR and work towards the realization of a world where all
individuals can enjoy their fundamental rights and freedoms.

REFERENCES

Alston, P. (2013). The United Nations and Human Rights: A Critical Appraisal. Oxford: Oxford
University Press.

Donnelly, J. (2013). Universal Human Rights in Theory and Practice. London: Cornell
University Press.

Morsink, J. (1999). The Universal Declaration of Human Rights: Origins, Drafting, and Intent.
Harvard: University of Pennsylvania Press.

Santa-Cruz, H. (1984). “Reflections on the Universal Declaration of Human Rights.”

International Journal on Human Rights, 6(1), 45-56.

United Nations. (1966). International Covenant on Civil and Political Rights. Cambridge:
Cambridge University Press.

United Nations. (2020). The Universal Declaration of Human Rights at 70: A Time for Renewed
Commitment. New York: London University Press.

Zambia Law Development Commission. (2011). Anti-Gender-Based Violence Act. Lusaka: Zed
Press.