Who chaired the United Nations committee responsible for drafting the UDHR?

The United Nations committee responsible for drafting the Universal Declaration of Human Rights was chaired by Eleanor Roosevelt, who represented the United States.

On what date and at which location was the UDHR adopted by the UN General Assembly?

The Universal Declaration of Human Rights was adopted by the United Nations General Assembly on December 10, 1948, at the Palais de Chaillot in Paris, France.

How did UN member states vote on the adoption of the UDHR in 1948?

Of the 58 UN member states at the time, 48 voted in favor of the Universal Declaration of Human Rights. None voted against it, eight abstained, and two did not vote.

What is the significance of the UDHR in the history of human rights?

The UDHR is considered a foundational text in the history of human and civil rights. It outlines 30 articles detailing basic human rights and fundamental freedoms, affirming their universal and inalienable nature. It serves as a common standard of achievement for all peoples and nations.

What core principle does the UDHR establish regarding human equality?

The UDHR commits all nations to recognize that all human beings are born free and equal in dignity and rights. This equality is affirmed regardless of factors such as nationality, place of residence, sex, national or ethnic origin, color, religion, language, or any other status.

What makes the UDHR's language unique and influential?

The Declaration is recognized for its universalist language, which deliberately avoids referencing any specific culture, political system, or religion. This approach aims to make its principles applicable and acceptable to all people worldwide.

How did the UDHR influence the development of international human rights law?

The UDHR directly inspired the creation of international human rights law and served as the initial step in formulating the International Bill of Human Rights. Although not legally binding itself, its principles have been incorporated into subsequent international treaties, regional human rights instruments, and national constitutions.

Is the UDHR legally binding?

No, the Universal Declaration of Human Rights is not legally binding. However, its principles have been widely adopted and integrated into numerous legally binding international treaties and national laws, giving it significant influence.

What is the current status of UN member states' ratification of treaties influenced by the UDHR?

All 193 current member states of the United Nations have ratified at least one of the nine binding treaties that were influenced by the UDHR. The majority of these states have ratified four or more such treaties.

What is the general consensus regarding the UDHR's status in customary international law?

While the UDHR itself is generally considered non-binding and not part of customary international law, there is a widespread consensus that many of its provisions have become incorporated into customary law in most countries. However, judicial interpretation of its legal effect can vary between nations.

How many translations of the UDHR exist, and what does this signify?

As of 2024, the Universal Declaration of Human Rights has been translated into 562 languages, making it the most translated document in the world. This vast number of translations highlights its global reach and significance as a universally recognized standard.

What was the structural inspiration for the Universal Declaration of Human Rights?

The underlying structure of the Universal Declaration of Human Rights was influenced by the Napoleonic Code, featuring a preamble and introductory general principles. The final structure was developed by René Cassin, building upon an initial draft by John Peters Humphrey.

What are the main components of the UDHR's structure as described by René Cassin?

René Cassin compared the UDHR's structure to a Greek temple. It consists of foundation blocks (Articles 1-2), steps (the preamble), four columns (Articles 3-27 detailing different categories of rights), and a pediment (Articles 28-30) that binds the structure together by emphasizing mutual duties.

What do the first two articles of the UDHR establish?

Articles 1 and 2 of the Universal Declaration of Human Rights establish the fundamental concepts of dignity, liberty, and equality for all human beings.

Which articles in the UDHR address the legality and remedies for rights violations?

Articles 6 through 11 of the UDHR focus on the fundamental legality of human rights and specify remedies available when these rights are violated.

What types of rights are detailed in Articles 18-21 of the UDHR?

Articles 18 through 21 of the UDHR sanction what are termed 'constitutional liberties' and spiritual, public, and political freedoms. These include freedoms of thought, opinion, expression, religion, conscience, peaceful association, and the right to receive and impart information.

What do Articles 28-30 of the UDHR cover?

Articles 28 through 30 of the UDHR establish the general means for exercising the rights outlined, specify areas where individual rights may not apply, emphasize the individual's duty to society, and prohibit the use of rights in ways that contradict the purposes of the United Nations.

What historical context led to the creation of the UDHR?

The atrocities committed by Nazi Germany during World War II highlighted the inadequacy of the UN Charter in defining human rights. This led to a global consensus that a universal declaration was necessary to specify individual rights and give effect to the Charter's provisions on human rights.

Who was the principal drafter of the UDHR?

John Peters Humphrey, the Director of the Division of Human Rights within the United Nations Secretariat, is credited as the principal drafter of the Universal Declaration of Human Rights.

What role did P.C. Chang play in the drafting of the UDHR?

P.C. Chang, a member of the drafting committee from the Republic of China, advocated for the removal of religious references to enhance the document's universality. He also utilized aspects of Confucianism to help resolve negotiation stalemates.

What contribution did Charles Malik make to the UDHR's drafting?

Charles Malik, the Lebanese representative on the drafting commission, emphasized the need for an article addressing the right to a social and international order conducive to the realization of human rights, which became Article 28. He also drew upon the philosophy of Thomas Aquinas in discussions.

What significant change did Hansa Mehta propose regarding the wording of the UDHR?

Hansa Mehta of India proposed changing the wording from 'all men are created equal' to 'all human beings are created equal'. This change was intended to better reflect gender equality within the Declaration.

What was Charles Theodore Te Water's unsuccessful attempt regarding the UDHR's text?

Charles Theodore Te Water of South Africa strongly argued for the removal of the word 'dignity' from the Declaration, believing it was not a universal standard or a right. His efforts were unsuccessful, and the word 'dignity' was retained.

What were the reasons cited by Saudi Arabia for abstaining from the UDHR vote?

Saudi Arabia abstained from voting on the UDHR primarily due to Article 18, which affirms the right to change one's religion or belief, and Article 16, concerning equal marriage rights. These articles were seen as conflicting with Islamic law (Sharia).

Why did the Soviet Union and other communist states abstain from the UDHR vote?

The Soviet Union and other communist states abstained, claiming the Declaration did not sufficiently condemn fascism and national-socialism. Eleanor Roosevelt also suggested that Article 13, concerning the right to leave one's country, might have contributed to their abstention.

What did the British delegation express regarding the UDHR's legal force?

The British delegation, while voting in favor of the Declaration, expressed frustration that the document contained moral obligations but lacked legal force. It would take until 1976 for the International Covenant on Civil and Political Rights to provide legal status to many of the Declaration's principles.

What is celebrated annually on December 10th, the anniversary of the UDHR's adoption?

December 10th, the anniversary of the UDHR's adoption, is celebrated annually as World Human Rights Day or International Human Rights Day. It is observed by individuals, organizations, governments, and the United Nations to promote awareness of human rights.

How has the UDHR been described in terms of its global impact and translation?

The UDHR is considered groundbreaking for its universal, secular language and has been described as 'boundlessly idealistic.' It holds the Guinness World Record for the most translated document, with over 562 translations, signifying its extensive global reach and acceptance.

How has the UDHR influenced national constitutions?

The UDHR has significantly influenced national constitutions drafted since its adoption in 1948. It is estimated that at least 90 constitutions contain fundamental rights statements inspired by or directly reproducing provisions of the UDHR.

What criticism has been leveled against Article 21 of the UDHR?

Article 21 of the UDHR, which addresses the right to participate in government, has been criticized by advocates of sortition (selection by lottery). They argue it conflates the expression of the people's will solely with elections, overlooking other democratic methods like those used in ancient Athens.

What criticism did the Soviet Union voice regarding the UDHR's focus?

During the UDHR's creation, the Soviet Union criticized its promoters for not prioritizing social rights over individual rights and positive rights over negative rights sufficiently, aligning with Marxist-Leninist principles.

What concerns have been raised by Muslim-majority countries regarding the UDHR?

Some Muslim-majority countries, notably Saudi Arabia, abstained from the UDHR vote, citing conflicts with Sharia law. Later, some Muslim diplomats expressed concern that the UDHR reflects a secular, Judeo-Christian bias and may be insensitive to certain Muslim cultural values, particularly regarding freedom of religion and gender equality.

What alternative declaration was adopted by the Organisation of Islamic Cooperation?

In 2000, the Organisation of Islamic Cooperation officially resolved to support the Cairo Declaration on Human Rights in Islam. This document presents an alternative framework for human rights derived from Islamic jurisprudence (fiqh).

What criticism did the American Anthropological Association initially have of the UDHR?

The American Anthropological Association initially criticized the UDHR's drafting process, warning that its definition of universal rights reflected a Western paradigm that was unfair to non-Western nations. They argued that the West's history of colonialism made it a problematic moral representative, advocating for cultural relativism.

What is the significance of the Bangkok Declaration?

The Bangkok Declaration, adopted by Asian states in 1993, reaffirmed commitment to UN principles and the UDHR. It emphasized the interdependence of rights and the need for universality, objectivity, and non-selectivity, while also stressing sovereignty, non-interference, and the importance of economic, social, and cultural rights.

What right have groups like Amnesty International advocated for inclusion in the UDHR?

Groups such as Amnesty International and War Resisters International have advocated for the inclusion of 'The Right to Refuse to Kill' in the Universal Declaration of Human Rights. They argue this right is derived from Article 18's protection of freedom of thought, conscience, and religion.

How has the UDHR been praised by international figures?

The UDHR has been praised by figures like Charles Malik, who called it an 'international document of the first order of importance,' and Eleanor Roosevelt, who envisioned it as the 'international Magna Carta of all men everywhere.' Pope John Paul II described it as 'one of the highest expressions of the human conscience.'

What is the role of the UDHR as a 'yardstick'?

The UDHR serves as a 'yardstick' and a reference point against which countries' commitments to human rights are judged. It is frequently cited by treaty bodies and other mechanisms that monitor the implementation of human rights standards.

How do US courts reference the UDHR?

US courts have referenced the UDHR in various cases. While the Supreme Court ruled in *Sosa v. Alvarez-Machain* that the Declaration does not impose international legal obligations on its own, US courts and legislatures may still use it to inform or interpret laws related to human rights.

What is the significance of Eleanor Roosevelt's role in the UDHR's adoption?

Eleanor Roosevelt played a crucial role in mustering support for the UDHR's adoption, both within the United States and internationally. Her ability to appeal to diverse political blocs was instrumental in achieving the Declaration's approval by the General Assembly.

What does the preamble of the UDHR commit governments to?

The preamble of the UDHR commits governments and their peoples to undertaking progressive measures, both nationally and internationally, to secure the universal and effective recognition and observance of the human rights and freedoms set forth in the Declaration.

What was the initial purpose of the Commission on Human Rights when it was established?

The United Nations Commission on Human Rights, established in June 1946, was tasked with preparing what was initially conceived as an International Bill of Rights, with the UDHR being the first step in this process.

What is the meaning of the UDHR being the 'most translated document'?

The UDHR being the 'most translated document' signifies its widespread global dissemination and recognition across diverse cultures and languages. As of 2024, it exists in 562 languages, reflecting its universal appeal and importance in articulating fundamental human rights.

How did the UDHR influence the constitutions of newly independent African nations?

Following 1948, at least 20 African nations that gained independence explicitly referenced the UDHR in their constitutions. This demonstrates the Declaration's significant impact on shaping the foundational legal documents of post-colonial states.

What specific articles caused Saudi Arabia to abstain from the UDHR vote?

Saudi Arabia abstained from the UDHR vote due to concerns about Article 18, which grants the right to change religion or belief, and Article 16, which addresses equal marriage rights.

What is the significance of Human Rights Day?

Human Rights Day is celebrated annually on December 10th to commemorate the adoption of the Universal Declaration of Human Rights. It serves as a global occasion to promote awareness and advocacy for human rights worldwide.

What was the outcome of Charles Te Water's attempt to remove 'dignity' from the UDHR?

Charles Te Water's attempt to remove the word 'dignity' from the UDHR was unsuccessful. Despite his arguments that dignity was not a universal standard or a right, the term was retained, reflecting its fundamental importance in the Declaration's principles.

How did the UN General Assembly's Third Committee handle amendments to the UDHR draft?

During its session from September to December 1948, the UN General Assembly's Third Committee debated the UDHR draft extensively, considering and resolving 168 proposed amendments submitted by member states before adopting the Declaration.

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What is the UDHR?

A Landmark Document

The Universal Declaration of Human Rights (UDHR) is an international document adopted by the United Nations General Assembly. It enshrines the fundamental rights and freedoms inherent to all human beings, regardless of nationality, place of residence, sex, national or ethnic origin, colour, religion, language, or any other status.

Global Standard

Adopted on 10 December 1948, the UDHR serves as a "common standard of achievement for all peoples and all nations." It comprises 30 articles detailing basic rights and freedoms, forming a cornerstone of international human rights law and inspiring subsequent legal instruments and national constitutions.

Inherent & Universal

The Declaration asserts that all human beings are born free and equal in dignity and rights. Its universalist language transcends specific cultures, political systems, or religions, making it a globally recognized benchmark for human dignity and justice.

Structure and Content

Foundational Principles

The UDHR is structured with a preamble and 30 articles. The preamble outlines the historical context and the necessity for establishing universal rights. Articles 1 and 2 lay the groundwork, emphasizing dignity, liberty, equality, and fraternity.

Individual Rights

Articles 3 through 11 establish fundamental individual rights, including the right to life, liberty, security, prohibition of slavery and torture, and guarantees of legal recourse. They underscore the basic protections essential for personal autonomy.

Community and State

Articles 12 through 17 define the rights of individuals within their community and state. These include freedoms of movement and residence, the right to nationality, the right to asylum, and the right to property, reflecting the interplay between the individual and society.

Civil, Political, and Socioeconomic Rights

Articles 18 through 27 articulate civil, political, economic, social, and cultural rights. This encompasses freedoms of thought, religion, expression, association, and participation in government, alongside rights to healthcare, education, and an adequate standard of living.

Binding the Framework

The final articles (28-30) serve as the "pediment," binding the Declaration together. They emphasize the right to a social and international order where rights can be realized, the duty of the individual to society, and the prohibition of actions contrary to the UN's purposes.

Historical Context and Drafting

Post-War Imperative

Emerging from the devastation of World War II and the horrors of the Holocaust, there was a global consensus on the need to define and protect fundamental human rights. The UN Charter itself committed member states to promoting universal respect for human rights.

The atrocities of World War II highlighted the inadequacy of existing frameworks. The UN Charter affirmed faith in fundamental human rights, but a more explicit definition was deemed necessary. The concept of the "Four Freedoms" articulated by Franklin D. Roosevelt provided early inspiration.

The Drafting Committee

Chaired by Eleanor Roosevelt, a diverse committee comprising representatives from various national, religious, and political backgrounds was tasked with drafting the Declaration. Key figures included John Peters Humphrey (principal drafter), René Cassin, P.C. Chang, and Charles Malik, each contributing unique perspectives.

Eleanor Roosevelt (USA): Chair, instrumental in garnering support.
John Peters Humphrey (Canada): Director of UN Human Rights Division, principal drafter.
René Cassin (France): Composed the first draft, influenced by Christian Democracy.
P.C. Chang (China): Advocated for pluralism and Confucian influences.
Charles Malik (Lebanon): Rapporteur, emphasized philosophical and theological aspects.

Adoption and Abstentions

The Declaration was adopted by the UN General Assembly on 10 December 1948, with 48 member states voting in favour, none against, and eight abstaining. The abstentions reflected diverse political and religious viewpoints, including concerns about secularism, individual versus collective rights, and specific articles like freedom of religion and movement.

Notable abstentions included the Soviet bloc (citing insufficient condemnation of fascism and concerns over freedom of movement), Saudi Arabia (citing conflicts with Sharia law regarding freedom of religion and marriage), and South Africa (implicitly protecting its apartheid system).

The document was adopted as Resolution 217(III)[A] at the Palais de Chaillot in Paris.

International Human Rights Day

The anniversary of the UDHR's adoption, December 10th, is celebrated annually as International Human Rights Day. This day serves to promote awareness and reaffirm commitment to the principles enshrined in the Declaration, often marked by global campaigns and observances.

Impact and Influence

Foundational Significance

The UDHR is considered a milestone document, serving as the first step in the formulation of the International Bill of Human Rights. Its universalist language and comprehensive scope have profoundly influenced legal, political, and social developments worldwide.

Legal and Constitutional Impact

While not legally binding itself, the UDHR's principles have been incorporated into or inspired over 90 national constitutions drafted since 1948. Many national courts and legal systems reference the Declaration, treating it as customary international law or a guiding interpretive document.

The Declaration's status as legally enforceable varies globally. However, many international lawyers consider its provisions to be part of customary international law. It continues to be cited by governments, academics, and advocates as a benchmark for human rights protection.

Global Reach

The UDHR is the world's most translated document, available in over 560 languages. This extensive translation effort underscores its global reach and its role as a shared standard for human dignity across diverse cultures and societies.

Praise and Support

Endorsements from Leaders

Notable figures have lauded the UDHR. Eleanor Roosevelt described it as potentially becoming the "international Magna Carta of all men everywhere." Lebanese diplomat Charles Malik called it an "international document of the first order of importance."

International Recognition

The UN World Conference on Human Rights (1993) reaffirmed commitment to the UDHR's principles. Pope John Paul II called it "one of the highest expressions of the human conscience of our time." The European Union has recognized it as placing human rights at the core of international relations.

NGO Support

Major human rights organizations like Amnesty International and the International Federation for Human Rights (FIDH) actively promote the UDHR and observe Human Rights Day. Educational initiatives often use the Declaration to teach young people about their rights.

Criticisms and Debates

Western Bias Concerns

Critics, including the American Anthropological Association during drafting, have raised concerns about the UDHR reflecting a Western, secular paradigm. Some argue that its emphasis on individual rights may not fully align with collective or family values in certain cultures, particularly within Muslim-majority nations.

Arguments suggest that standards and values are relative to culture, and a document rooted in one cultural context may not be universally applicable without modification. However, many anthropologists now see universal rights as crucial for combating discrimination.

Islamic Perspectives

While many Muslim-majority nations initially adopted the UDHR, Saudi Arabia abstained, citing conflicts with Sharia law, particularly regarding freedom of religion and equality in marriage. The Cairo Declaration on Human Rights in Islam (1990) emerged as an alternative framework, emphasizing rights within an Islamic legal context.

Specific points of contention often include freedom to change religion, gender equality in marriage, and the extent of individual versus collective rights. Scholars debate the compatibility of secular human rights frameworks with religious legal traditions.

Electoral vs. Sortition Democracy

Article 21, which links the will of the people to elections, has been criticized by proponents of sortition (selection by lottery). They argue that this article unduly privileges electoral democracy and overlooks historical models like Athenian democracy, where sortition played a significant role.

Right to Refuse to Kill

Advocacy groups like Amnesty International and War Resisters International have called for the explicit inclusion of "The Right to Refuse to Kill" (conscientious objection to military service) within the UDHR, arguing it is implicitly supported by Article 18's guarantee of freedom of thought and conscience.

Related Concepts

Non-Binding Agreements

The UDHR serves as a precursor and inspiration for legally binding international human rights treaties, such as the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR).

Racial Equality Proposal (1919)
Cairo Declaration on Human Rights in Islam (1990)
Vienna Declaration and Programme of Action (1993)
Yogyakarta Principles (2006)

International Human Rights Law

The UDHR is a foundational text for international human rights law, influencing numerous treaties and conventions that codify specific rights and establish mechanisms for their protection and enforcement.

Fourth Geneva Convention (1949)
European Convention on Human Rights (1952)
Convention Relating to the Status of Refugees (1951)
International Covenant on Civil and Political Rights (1976)
International Covenant on Economic, Social and Cultural Rights (1976)
Convention on the Rights of the Child (1990)

Other Related Concepts

The principles of the UDHR intersect with various other rights movements and legal concepts, including the rights of specific groups, freedom of expression, and the right to education.

Human Trafficking
LGBT Rights
Right to Education
Right to Internet Access

References

Source Citations

The information presented here is derived from the comprehensive Wikipedia article on the Universal Declaration of Human Rights. Detailed citations are managed programmatically.

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References

United Nations headquarters in New York would not be complete until 1952, after which it became the permanent seat of the General Assembly.

UDHR Booklet, Art. 2.

Henry J Steiner and Philip Alston, International Human Rights in Context: Law, Politics, Morals (2nd ed.), Oxford: Oxford University Press, 2000.

United Nations, Universal Declarations of Human Rights

Bodnar, John, The "Good War" in American Memory. (Maryland: Johns Hopkins University Press, 2010) 11

Morsink 1999, p. 4

Morsink 1999, p. 5

Morsink 1999, p. 133

A. J. Hobbins, ed., On the Edge of Greatness: The Diaries of John Humphrey, First Director of the United Nations Division of Human Rights (Montreal: McGill University Press, 1984), 1:174

Jain, Devaki (2005). Women, Development and the UN. Bloomington: Indiana University Press. p. 20

Katharine G. Young (2009), "Freedom, Want and Economic and Social Rights: Frame and Law", Maryland Journal of International Law 24(182) (Symposium on 60th Anniversary of the Universal Declaration of Human Rights)

R. Lallah, 2 Judicial Colloquium in Bangalore, Developing Human Rights Jurisprudence, The Domestic Application of International Human Rights Norms 33 (London, Commonwealth Secretariat, 1998)

Portuguese Constitution, article 16(2); Romanian Constitution, article 20(1); Sao Tome and Principe Constitution, article 17(2); Spanish Constitution, article 10(2).

Beth Andrus, The Universal Declaration of Human Rights 1948â1988: Human Rights, The United Nations and Amnesty International 10â11 (Amnesty International U.S.A. Legal Support Network, 1988). A

G. Christenson, "Using Human Rights Law to Inform Due Process and Equal Protection Analyses", University of Cincinnati Law Review 52 (1983), p. 3.

"Information Partners". UNHCR. Accessed 25 February 2010.

Price 1999, p. 163

Hashemi, Nader and Qureshi, Emran. "Human Rights". In The Oxford Encyclopedia of the Islamic World. Oxford Islamic Studies Online.

A full list of references for this article are available at the Universal Declaration of Human Rights Wikipedia page

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The Universal Declaration of Human Rights

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What is the UDHR? 📜

🕊️ A Landmark Document

🌍 Global Standard

⚖️ Inherent & Universal

Structure and Content 🧩

🏛️ Foundational Principles

➡️ Individual Rights

🤝 Community and State

💡 Civil, Political, and Socioeconomic Rights

🔗 Binding the Framework

Historical Context and Drafting ⏳

📜 Post-War Imperative

✍️ The Drafting Committee

🗳️ Adoption and Abstentions

🗓️ International Human Rights Day

Impact and Influence 📈

🌟 Foundational Significance

📜 Legal and Constitutional Impact

🌐 Global Reach

Praise and Support 👍

🗣️ Endorsements from Leaders

🤝 International Recognition

🏛️ NGO Support

Criticisms and Debates ❓

⚖️ Western Bias Concerns

☪️ Islamic Perspectives

🗳️ Electoral vs. Sortition Democracy

⚔️ Right to Refuse to Kill

Related Concepts 🔗

📜 Non-Binding Agreements

⚖️ International Human Rights Law

💡 Other Related Concepts

References 📚

🔗 Source Citations

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Dive in with Flashcard Learning!

What is the UDHR?

A Landmark Document

Global Standard

Inherent & Universal

Structure and Content

Foundational Principles

Individual Rights

Community and State

Civil, Political, and Socioeconomic Rights

Binding the Framework

Historical Context and Drafting

Post-War Imperative

The Drafting Committee

Adoption and Abstentions

International Human Rights Day

Impact and Influence

Foundational Significance

Legal and Constitutional Impact

Global Reach

Praise and Support

Endorsements from Leaders

International Recognition

NGO Support

Criticisms and Debates

Western Bias Concerns

Islamic Perspectives

Electoral vs. Sortition Democracy

Right to Refuse to Kill

Related Concepts

Non-Binding Agreements

International Human Rights Law

Other Related Concepts

References

Source Citations

Teacher's Corner

True or False?

Test Your Knowledge!

Gamer's Corner

Discover other topics to study!

References

Feedback & Support

Disclaimer

Important Notice