GULU UNIVERSITY

NAME: AMOLA ARTHUR ISAAC

REG No: 18/U/1802/GBL/PS

COURSE UNIT: DOMESTIC & INTERNATIONAL HUMAN RIGHTS

LECTURER: Ms. ANYING IRENE

Question

“Critically evaluate the importance of the Universal Declaration of Human Rights (UDHR) in
protecting human rights.”
Following World War II,1 the United Nations emerged with the objective of preventing future
catastrophe through a possible document that guaranteed the rights of individuals. This however
gave birth to the Human Rights Commission adopting the Universal Declaration of Human
Rights with the objective of protecting the fundamental rights of people. Reference is made
through Pope John Paul II alluding to the Universal Declaration of Human Rights ‘as one of the
highest expressions of the human conscience of our time.’ 2 Furthermore, the Universal
Declaration of Human Rights also exerts a moral, political and legal influence 3far beyond the
hopes of many of its drafters disseminating a notion that Human Rights applies to everyone
regardless anywhere. This is sighted as a forerunner of rights to the fore reflected through the
international Magna Carta for all mankind4 addressing issues pertaining right to life, freedom of
expression, freedom of movement, right to heath.

The Universal Declaration of Human rights is important in protecting human rights as

follows;

The Universal Declaration of Human Rights laid foundation for the protection of the right to
health of the people in the world. This declaration protects the right to health of people including
the physical and mental health5 ensuring that there’s provision of enough functioning public
health and individual health care facilities accessible to everyone, especially the most vulnerable,
without discrimination on any prohibited ground.6 It should be noted that states must ensure that
every person has the right to seek, receive and impart information on health, in balance with the
confidentiality of medical information recognizing that state parties should promote the right to
health through progressive realization. According to Uganda’s jurisdiction, the right to health has
7
been recognized through ensuring health services as a duty to ensuring health services are
provided by the government8 per the case of Center for human rights and Development v
Attorney General.9 With regards to this certainty, much emphasis is drawn towards the
1
1939-1945
2
John Paul II, Address to the UN, October 2nd 1979 and October 5th 1995 Vatican Accessed on 26th April 26, 2021
3
M Robinson, ‘The Universal Declaration of Human Rights: A living document’ [1998] AJIA, 52 (2) 119 Accessed
on 26th April, 2021
4
See United for Human Rights, ‘A Brief History of Human Rights’ (United for Human Rights)
www.humanrights.com/what-are-human-rights/brief-history/the-united-nations.html> Accessed on 26th April, 2021
5
Universal Declaration of Human Rights Article 25
6
General Comment 14, Committee on Economic Social & Cultural Rights
7
1995 Constitution of Uganda,1995 Article 45
8
1995 Constitution of Uganda National objectives and directive principles of state policy, XIV
9
Constitutional Petition 2011/16 [2012] UGSC 45
sufficiency of better health services provided to sustain the health services of people, thus
protecting human rights.

The Universal Declaration of Human Rights advocates for the protection of the right to life. 10
This is witnessed through declarations by members of state acknowledging the fact that everyone
holds the right to life.11 As a matter of fact, this sets the pace for the abolition of death penalty in
the world through treaties such as the International Covenant on Civil and Political Rights
adopting the idea of protecting the right to life. 12With reference to Uganda’s jurisdiction, Uganda
Human Rights Activists have devoted their time to address this issue regarding right to life as a
fundamental initiative.13 This is reflected in the locus cuscus case of Susan Kigula & 416 others
v Attorney General14 where court denotes a precedent pertaining the right to life as a derivable
initiative that should note be taken away from anyone. This development of the right to life
enslaves one’s mindset to acknowledge the importance of life, thus protecting human rights.

Freedom of movement by people is also clearly sighted as a contribution through the Universal
Declaration of Human Rights.15 This is further codified and assembled by written articles
addressing the belief to freedom of movement as one’s right to being independent. 16 However,
this contributes to towards Inter-state trade relationships with the aim of boasting economic
development around the world.17 Accordingly state parties have enacted laws that encourage free
movement of people with in the country like Uganda's liberty of movement, thus protecting
human rights.18

Furthermore, advocacy to equality for all people is manifested through the Universal Declaration
of Human Rights emphasizing that every human being is entitled to all rights and freedoms
without distinctions of any kind.19 The continuous flashbacks arouse trauma in the mindset of

10
Protecting the Right to life in Venezuela by Hanson Rebecca NACLA report on the Americans Volume 49 2017
Issue 3 page 309-314
11
Universal Declaration of Human Rights Article 1
12
International Covenant on Civil and Political Rights Article 6
13
Hr.library.umn.edu/Africa/Uganda.htm Accessed on 26th April, 2021
14
[2005] UGSC 8
15
Universal Declaration of Human Rights Article 13
16
The American Behavioral Scientist (Beverly Hills) by Sage Publications Volume 64 Issue 4 page 436-479
17
International Covenant on Economic Social and Cultural Rights Article 9
18
1995 Constitution of Uganda Article 29
19
Universal Declaration of Human Rights Article 2
people who evade the notion to equality 20 while the law reckons State parties to ensure equal
treatment.21 This is portrayed as per African Commission on Human & Peoples’ Rights v
Kenya22 where court exposes the violation of equality as unfortunate. This is clarified by the
case of Law & Advocacy for Women in Uganda v Attorney General 23 where women have
equal right as men to own property while in marriage. This achievement sets a firm base to
equality amongst women with equal representation, thus protecting human rights.

Elimination of all forms of slavery is also addressed through the Universal Declaration of Human
Rights24 owing to the dehumanizing nature of slave trade as a human right abuse due to the
exploitation involved25 seeming to be modern slavery.26 As a matter of fact, resolutions to end the
savage mindset towards slavery have been addressed 27 and deemed illegal28 while Uganda as a
case study enforces the brain child to eradicate this vice of slavery. 29 I confer to the attributions
laid down by the Universal Declaration of Human Rights to eliminating this vice of slavery as a
bread winner because the dignity to life is being witnessed, thus protecting human rights.

The Universal Declaration of Human Rights is also perceived as the fountain for human rights
assessments of violation in the world enshrined within it having infiltrated the municipal laws of
many States.30 This is witnessed through drafting of constitutions and formation of Human
Rights policies with the objective to protecting human rights assessment as a forerunner to the
reports articulated around the world by United Nations. 31 This is quite relevant because parties
are held accountable for human rights violation in the world by the continuous support from
reports, thus protecting human rights.

20
See, ‘The year black lives matter shook the world by Laurin- Whitney Gottbrath
www.aljazeera.com>features>2020/12/31 Accessed on 25th April, 2021
21
Convention on the Rights of Persons with Disabilities Article 28
22
006/2012 [2017]AFCHPR para 138
23
Constitutional Petition 2003/2) [2004] UGSC 1
24
Trafficking in Human Beings: Modern Slavery by Silvia Scarpa Chapter 2
25
T Obokata, ‘Smuggling of Human Beings from a Human Rights Perspective; Obligations of Non-State and State
Actions under International Human Rights Law’ 2005, 17 (2) International Journal of Refugee Law 394, 395
26
R (on the application of Z V) v Secretary of State for the Home Department [2018] EWHC 2725 (QB) [20]
27
Universal Declaration of Human Rights Article 4
28
International Covenant on Civil and Political Rights Article 8
29
1995 Constitution of Uganda Article 44
30
www.ohchr.org>Documents>Publications Accessed on 26th April, 2021
31
See Mission Accomplished? An Impact Assessment of the UDHR in Africa by Nsongurua J Udombana page 348
www.researchgate.net>publication>228221842 Accessed on 26th April, 2021
Elimination of unlawful arrests and detention is amalgamated by the Universal Declaration of
Human Rights32 prohibiting unlawful detention.33 This is evident by Justice Bashaija per
Nakaziba v Attorney General34 where court prohibits monotonous detention of a person being
arrested in an unauthorized place.35 The International Covenant on Civil and Political Rights
strives to eradicate the continuous vice of unlawful detention 36 as a violation to humanity giving
rise to regional courts with the objective of addressing this disturbing issue. The universal
declaration of human rights has been also been invoked by United Nations human rights
commission and African commission on human rights, thus protecting human rights.

Advocacy to freedom of assembly and association37is sighted by the Universal Declaration of

Human Rights independent with common interests38 enjoyed both by individuals and groups39 the
choice to exercise the right to freedom of association as voluntary 40 free from limitations that
violate the right of equality and guaranteeing nondiscrimination. 41 This is witnessed by a
hallmark of democracy enabling citizens to criticize and assess the performance of their
government42 while agreeing to formation of an association and assemblies.43 It should also be
noted that online gathering and protests44 are recognized by the United Nations General
Assembly with a clear mechanism of expression, thus protecting human rights.45

The Universal Declaration of Human Rights is advocating to protect the rights of people with
disabilities. However, they were further codified and expanded in the convention of rights of

32
See ‘Establishing state liability for personal liberty violations arising from arrest detention & malicious
prosecution in Lesotho’ by Okpaluba Chuks, African Human Rights Law Journal, 08/2017 Vol. 17 Issue 1 page
134-162
33
Universal Declaration of Human rights Article 9
34
Miscellaneous cause 295 of 2018
35
1995 Constitution of Uganda Article 23
36
International Covenant on Civil and Political Rights, Article 9
37
International and Comparative law quarterly 07/2020, Volume 69 Issue 3 page 521-556
38
See Organization for Security and Cooperation in Europe, Guidelines on Freedom of Association (2005) para 7
Accessed on 24th April, 2021
39
Suleiman (represented by International Federation for Human Rights & World Organization Against Torture) v
Sudan Comm No 379/09 [2014] para 118
40
See Universal Declaration of Human Rights Article 20 (2); Nkpa v Nkume, Nigerian Court of Appeal [2002] para
51
41
Convention on the Rights of the Child Article 15
42
Charles Onyango Obbo, Andrew Mwenda v Attorney General Constitutional Appeal No2 of 2002 [2004] UGCA
1
43
Universal declaration of human rights, Article 20
44
www.bbc.com>world-canada-52969905 Accessed on 24th April, 2021
45
General Comment 37
people with disability.46 In the situation of Uganda, the rights of people with disability and has
been given force by the disability 47 This chronological development of the right to people with
for disability has been attributed to the foundation laid out in the Universal Declaration of
Human Rights sighting the equality of people, thus protecting human rights48.

To sum up my endorsed research, I strongly affirm to the attributes of Universal Declaration of

Human Rights as relevant in acknowledging the protection of human rights.

BIBIOLOGRAPHY

Center for human rights and Development v Attorney General Constitutional Petition 2011/16
[2012] UGSC 45
46
United Nations Convention on the Rights of Persons with Disabilities Article 12
47
1995 Constitution of Uganda Article 35
48
Journal of Medical Ethics by Scholten, Matthe; Gather Jakov Volume 44 Issue 4 page 226-233
Susan Kigula & 416 others v Attorney General [2005] UGSC 8

African Commission on Human & Peoples’ Rights v Kenya 006/2012 [2017] AFCHPR para 138

Law & Advocacy for Women in Uganda v Attorney General Constitutional Petition 2003/2)
[2004] UGSC 1

R (on the application of Z V) v Secretary of State for the Home Department [2018] EWHC 2725
(QB) [20]

Nakaziba v Attorney General Miscellaneous cause 295 of 2018

Nkpa v Nkume, Nigerian Court of Appeal [2002] para 51

Charles Onyango Obbo, Andrew Mwenda v Attorney General Constitutional Appeal No2 of
2002 [2004] UGCA 1
1995 Constitution of Uganda, 1995 Article 45

1995 Constitution of Uganda National objectives and directive principles of state policy, XIV

1995 Constitution of Uganda Article 29

1995 Constitution of Uganda Article 44

1995 Constitution of Uganda Article 23

1995 Constitution of Uganda Article 35

Universal Declaration of Human Rights Article 25 Universal Declaration of Human Rights

Article 1

Universal Declaration of Human Rights Article 13

Universal Declaration of Human Rights Article 2

Universal Declaration of Human Rights Article 4

Universal Declaration of Human rights Article 9

Universal Declaration of Human Rights Article 20 (2)

General Comment 14, Committee on Economic Social & Cultural Rights

International Covenant on Economic Social and Cultural Rights Article 9

Convention on the Rights of Persons with Disabilities Article 28

International Covenant on Civil and Political Rights Article 8

International Covenant on Civil and Political Rights, Article 9

Convention on the Rights of the Child Article 15

General Comment 37

United Nations Convention on the Rights of Persons with Disabilities Article 12

1995 Constitution of Uganda Article 35

John Paul II, Address to the UN, October 2 nd 1979 and October 5th 1995 Vatican Accessed on
26th April 26, 2021

M Robinson, ‘The Universal Declaration of Human Rights: A living document’ [1998] AJIA, 52
(2) 119 Accessed on 26th April, 2021

Protecting the Right to life in Venezuela by Hanson Rebecca NACLA report on the Americans
Volume 49 2017 Issue 3 page 309-314

The American Behavioral Scientist (Beverly Hills) by Sage Publications Volume 64 Issue 4 page
436-479

Trafficking in Human Beings: Modern Slavery by Silvia Scarpa Chapter 2

T Obokata, ‘Smuggling of Human Beings from a Human Rights Perspective; Obligations of

Non-State and State Actions under International Human Rights Law’ 2005, 17 (2) International
Journal of Refugee Law 394, 395

See ‘Establishing state liability for personal liberty violations arising from arrest detention &
malicious prosecution in Lesotho’ by Okpaluba Chuks, African Human Rights Law Journal,
08/2017 Vol. 17 Issue 1 page 134-162

See Organization for Security and Cooperation in Europe, Guidelines on Freedom of Association
(2005) para 7 Accessed on 24th April, 2021
Suleiman (represented by International Federation for Human Rights & World Organization
against Torture) v Sudan Comm No 379/09 [2014] para 118

Journal of Medical Ethics by Scholten, Matthe; Gather Jakov Volume 44 Issue 4 page 226-233

See United for Human Rights, ‘A Brief History of Human Rights’ (United for Human Rights)
www.humanrights.com/what-are-human-rights/brief-history/the-united-nations.html> Accessed
on 26th April, 2021

See, ‘The year black lives matter shook the world by Laurin- Whitney Gottbrath
www.aljazeera.com>features>2020/12/31 Accessed on 25th April, 2021
www.ohchr.org>Documents>Publications Accessed on 26th April, 2021
See Mission Accomplished? An Impact Assessment of the UDHR in Africa by Nsongurua J
Udombana page 348 www.researchgate.net>publication>228221842 Accessed on 26th April,
2021
www.bbc.com>world-canada-52969905 Accessed on 24th April, 2021