Universal Declaration of Human Rights, 1948

Universal Declaration of Human Rights is an international document,declaration which was Adopted by United Nations General Assembly on 10 December 1948 in Paris,France. This day is also celebrated throughout the world as Human Rights Day.

It sets out for the first time that fundamental human rights are universally protected and has been translated into over 500 languages.

The UDHR(Universal Declaration of Human Rights) proclaims a set of fundamental human rights that are universal and inalienable, which means they cannot be taken away or Forfeited by any person or government.

In 1966, Two international conventions were adopted codifying two sets of rights outlined in the UDHR(Universal Declaration of Human Rights).

  1. International covenant on Civil and Political Rights.
  2. International covenant on Economic, social and cultural Rights.

This above-mentioned International Covenant came into force in 1976. Universal Declaration along with these two covenants and the protocols comprise the International Bill of Rights.

The UDHR has laid down the foundation from which other treaties and declarations have been adopted to preserve and promote Human Rights. Although the declaration is not legally binding these rights have been enshrined in many countries constitutions and national laws.

The draft of the declaration was prepared by a drafting committee which was appointed by Commission on Human Rights. Eleanex Roosevelt was the chairperson of UDHR drafting committee that drafted the articles.

Rights in UDHR

Universal Declaration of Human Rights Contains 30 Articles. It enumerated basic principles of human rights in a Comprehensive manner. Out of 30 Articles, 19 Articles enumerate Civil and Political Rights and 6 articles cover the economic and social Cultural Rights.

A. General Rights

  1. All human beings are born free and equal.(Article 1)
  2. Everyone is equal regardless of race, colour, sex, language, religion, politics, or where they were born. (Article 2)

B. Civil and Political Rights

From Article 3 to 21 deals with Civil and Political rights. Some of them are as follows:

  1. Rights to life, liberty and security of person. (Article 3)
  2.  Right to be free from slavery.(Article 4)
  3. Prohibition against torture, inhuman or degrading treatment or punishment.(Article 5)
  4. Right to be recognized before the law. (Article 6)
  5. Equality before law and equal protection of law without discrimination. (Article 7)
  6. Right to seek justice if rights are violated.(Article 8)
  7.  Right to freedom from arbitrary arrest, detention, or exile. (Article 9)
  8.  Right to a fair trial. (Article 10)
  9. Right to be presumed innocent until proven guilty.(Article 11)
  10. Right to privacy and freedom from attacks on their reputation.( Article 12)
  11. Right to freedom of Movement and residence. (Article 13)
  12.  Right to seek asylum from persecution. (Article 14)
  13. Right to Nationality.(Article 15)
  14.  Right to marry and to have a family. (Article 16)
  15. Right to property. ( Article 17)
  16.  Right to freedom of thought, conscience and religion. (Article 18)
  17. Right to freedom of opinion and expression. (Article 19)
  18.  Right to freedom of peaceful assembly and association.(Article 20)
  19. Right to take part in government and to have equal access to public service. (Article 21)

C. Economic, Social and Cultural Rights

From Article 22 to 27 of UDHR deals with economic social and cultural Rights which are as follows:

  1. Right to social security (Article 22)
  2. Right to work and free choice of employment.(Article 23)
  3. Right to rest and leisure.(Article 24)
  4. Right to a decent standard of living, including food, clothing, housing, medical care and social services.(Article 25)
  5. Article to education. (Article 26)
  6. Right to participate in cultural life. (Article 27) . 
  7. Right to Good social and international order. (Article 28)

Articles 29 and 30: They remind us that rights come with obligations and that none of the rights mentioned in the UDHR can be used to violate the spirit of the United Nations.

UDHR was one of the first major achievements of the U.N in the field of Human Rights. In 1948, 48 members voted in favor out of 58 members of the United Nations.

The declaration recognized the inherent dignity and the equal and inalienable rights of all people in all nations It is the duty of the state regardless of their social, political, and economic system to promote and protect human rights. The declaration was not intended to legally binding and therefore did not impose any legal obligation on the state to give effect to its provisions.

It was only a recommendation, it was not strictly binding on the state.

Reference:

UDHR In Nepali : https://www.ohchr.org/sites/default/files/UDHR/Documents/UDHR_Translations/nep.pdf

https://www.un.org/en/udhrbook/pdf/udhr_booklet_en_web.pdf

https://un.org.np/un-portal-human-rights

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