The Impact of UDHR on Global Human Rights Movement

INTRODUCTION

Universal Declaration of Human Rights (UDHR) is an international document passed through Resolution 217A by UN General Assembly on 10th December,1948 at Paris, France. It establishes the foundation of human rights and fundamental freedoms which seek common aspirations and goals. To celebrate the 50th anniversary of UDHR in 1998, the theme “All human rights for all” was adopted which reflected universality of all human rights irrespective of any distinction.

Although it is a non-binding document, still it plays a significant role in recognizing human rights globally. It served as an eloquent expression of hope to a world emerging from the devasting World War-II.

The preamble to the declaration not only recognized the inherent dignity and worth of the human but also established equal rights for men and women. In a world beset by conflict, inequality, and social injustice, the Universal Declaration of Human Rights remains a beacon of hope. In a world beset by conflict, inequality, and social injustice, the UDHR remains a beacon of hope.  

This article examines the UDHR’s far-reaching impact, highlighting its role in promoting human rights education, endeavoring fundamental freedoms, informing social justice activism, and fostering global cooperation.” 

CORNERSTONE OF INTERNATIONAL HUMAN RIGHTS LAW

UDHR, which is regarded as the Magna Carta of all mankind, forms the foundational pillar of human rights globally as it is the first international document that received universal recognition transcending cultural, ideological and jurisdictional differences. It is accepted as a common universal standard for all nations in the matters pertaining to human rights, dignity and fundamental freedoms. Although not a legally binding document, the contents of UDHR find mention in the important international documents.

INTERNATIONAL BILLS OF HUMAN RIGHTS

The International Bill of Human Rights consists of : 

• Universal Declaration of Human Rights (UDHR, 1948) 

• International Covenant on Civil and Political Rights (ICCPR, 1966) 

• International Covenant on Economic, Social and Cultural Rights (ICESCR, 1966) 

• Optional Protocol to the ICCPR  

UDHR serves as the foundation and inspiration of the International Bills of Human Rights. UDHR is not enforceable as it does not provide for the mechanism in case of its violation. However, ICCPR and ICESCR are the international documents that makes the rights outlined in the UDHR enforceable.

PAVED WAY FOR INTERNATIONAL TREATIES

UDHR has inspired and paved the way for the adoption of more than seventy human rights treaties. Although not legally binding, the contents of UDHR have been elaborated and incorporated into subsequent international treaties and conventions. Some of them are CEDAW (1979), CAT (1984), CERD (1965) etc. Although, UDHR is non-enforceable but these treaties and conventions make human rights enforceable globally regardless of jurisdiction, international status etc.

PROMOTES HUMAN RIGHTS

UDHR outlines 30 articles which enshrines fundamental freedoms and human rights. Articles 1 to 21 contains civil and political rights, Articles 22 to 27 contains economic, social and cultural rights and Articles 29 to 30 contains collective rights.

Some of the rights under UDHR are :

• Right to equality
• Right to life, security and liberty
• Right to seek asylum
• Right to fair trial
• Freedom of movement and residence
• Right to Nationality
• Right to Education
• Right to work and fair conditions
• Right to social security
• Right to participate in government
• Right to social and international order

These rights are universal, indivisible, inherent and inalienable. Nations have pledged to universally recognize these rights.

INCORPORATION INTO NATIONAL CONSTITUTIONS

Different countries have incorporated the principles and rights mentioned under UDHR into their constitutions directly or indirectly.

Some examples of National Constitutions incorporating UDHR:

• South Africa: Bill of Rights (Chapter 2) closely mirrors UDHR.
• India: Fundamental Rights (Part III) reflect UDHR principles.
• Germany: Basic Law (Grundgesetz) incorporates UDHR articles.
• Brazil: Constitution’s Bill of Rights (Title II) draws from UDHR.
• Canada: Charter of Rights and Freedoms (Section 15) reflects UDHR’s equality provisions.

Since Constitution is supreme law of any country, incorporation of human rights in furtherance of UDHR in constitutions ensures that other domestic laws are not despotic and does not infringe human rights of an individual.

IMPACT OF UDHR IN INDIA

UDHR has significant impact in shaping the constitutional framework and other laws of India. It has been incorporated into Indian Constitution particularly in Part III (Fundamental Rights) and Part V (Directive Principles of State Policy).

Indian Courts have interpreted fundamental rights in line with UDHR and thus enlarging the ambit of these rights. Various rights such as right to privacy, right to information, right to clean environment are implicitly recognized by constitution as fundamental rights.

Protection of human rights,1993 was enacted with the aim of providing better protection of human rights.

DEVELOPMENT OF INTERNATIONAL CUSTOMARY LAW

UDHR played a profound role in the development of international customary law. It codified human rights norms and established universal standards. By doing so, UDHR also played an important role in the development of International Humanitarian Law (IHL).

CONCLUSION

Although UDHR is non- binding document, its impact on global human rights is profound. Despite progress, challenges persist due to lack of ratification by some countries and non-enforceable nature. As we continue to strive for a fair and equitable world, UDHR remains a vital guiding force. It remains a beacon of hope of humanity and a reminder to our shared commitment to dignity, equality, justice and freedom.