Universi

ty of
Khartou
m
Faculty
of Law
Human
Right

Dr. Alradi
Abdallah

Abeer
Farouk
Khalil
Ahmed
The Universal Declaration begins by recognizing that ‘the inherent dignity of all
members of the human family is the foundation of freedom, justice and peace in
the world. It declares that human rights are universal – to be enjoyed by all people,
no matter who they are or where they live.
The Universal Declaration includes civil and political rights, like the right to life,
liberty, free speech and privacy. It also includes economic, social and cultural
rights, like the right to social security, health and education.
Is the Universal Declaration legally binding?
The Universal Declaration is not a treaty, so it does not directly create legal
obligations for countries.
However, it is an expression of the fundamental values, which are shared by all
members of the international community. In addition, it has had a profound
influence on the development of international human rights law. Some argue that
because countries have consistently invoked the Declaration for more than sixty
years, it has become binding as a part of customary international law.
The Universal Declaration of Human Rights is an ideal standard held in common
by nations around the world, but it bears no force of law.
The Human Rights Commission produced two major documents: the International
Covenant on Civil and Political Rights (ICCPR) and the International Covenant on
Economic, Social and Cultural Rights (ICESCR). Both became international law in
1976. Together with the Universal Declaration of Human Rights, these two
covenants comprise what is known as the “International Bill of Human Rights.”
The ICCPR focuses on issues such as the right to life, freedom of speech, religion
and voting. The ICESCR focuses on food, education, health and shelter. Both
covenants proclaim these rights for all people and forbid discrimination.
Furthermore, Article 26 of the ICCPR established a Human Rights Committee of
the United Nations. Composed of eighteen human rights experts, the Committee is
responsible for ensuring that each signatory to the ICCPR complies with its terms.
The Committee examines reports submitted by countries every five years (to
ensure they complies with the ICCPR), and issues findings based on a country’s
performance.
Many countries that ratified the ICCPR also agreed that the Human Rights
Committee might investigate allegations by individuals and organizations that the
State has violated their rights. Here, we see that the agreements not only stipulate
the rights guaranteed to individuals, but also enable individuals to obtain them
through legal means in the event that these rights are violated.
Conventions are stronger than Declarations because they are legally binding for
governments When a convention is ratified, it enters into force and becomes
legally binding on the states that have ratified and signed it. When the UN General
Assembly adopts a convention, it creates international norms and standards.
Declarations are not legally binding but carry considerable moral force and serve
as a clear indication of the commitments of the international community.
In addition to the International Rights Project, the United Nations has adopted
seven other treaties relating to the special rights of beneficiaries. There was
support and mobilization for the idea of the special rights of the beneficiaries such
as the rights of the child for children - despite the implementation of all human
rights for children and youth, it is noticeable that children do not enjoy equality in
these general rights and that they need additional protection in specific issues.
Therefore, these agreements came to protect specific groups at the international
and European levels In addition to recognizing the basic rights of individuals;
some human rights documents recognize the rights of specific groups or groups.
This special protection was provided due to previous instances of discrimination
against groups and to the position of disadvantaged and vulnerable groups in
society. Special protection does not provide new human rights, but seeks to ensure
that the human rights contained in the Universal Declaration of Human Rights are
available to all. Therefore, it is wrong to pretend that people from minorities have
more rights than people from the majority and if there are rights for minorities, it is
simply to ensure equal opportunities in obtaining civil, political, social, economic
and cultural rights. Examples of groups that have received special protection
include:
minorities
Minorities are not yet definitively defined by international human rights
instruments, but they are usually described in those instruments with national,
ethnic, religious or linguistic characteristics that differ from the majority of the
population, which these minorities wish to preserve. They are protected:
 At the United Nations level under Article 27 of the International Covenant on
Civil and Political Rights as well as the Declaration on the Rights of Persons
 Belonging to National or Ethnic, Religious and Linguistic Minorities adopted in
1992.
 At the European level, through a binding document, namely the Framework
Convention on the Protection of National Minorities, which established a
monitoring and control body of independent experts, the Advisory Committee
of the Framework Convention.

refugees
The rights of refugees are guaranteed notably in the Convention relating to the
Status of Refugees of 1951 as well as by the United Nations High Commissioner
for Refugees. Perhaps the only regional system with a specific document on
refugee protection was in Africa in 1969, when a convention regulating specific
aspects of refugees was adopted. In Europe, the European Convention on Human
Rights provides some protection for refugees.

people with disabilities

Groups such as people with disabilities are also protected because their status may
make them more vulnerable to abuse. This was established in the United Nations
Convention on the Rights of Persons with Disabilities

Other groups such as indigenous peoples have also received special protection at
the international level through the 2007 United Nations Declaration on the Rights
of Indigenous Peoples, although not yet a legally binding document.

Human rights documents are a record of our most recent understanding of what
human dignity requires. It is likely that these documents will always be one step
behind as they address the challenges that have been recognized rather than those
that are still an integral part of our societies, and which we continue to fail to
recognize as rights and violations of rights.
 The Standards Setting Council of Europe seeks to propose new legal standards to
respond to social measures to deal with problems arising in member states on
issues for which the Committee of Ministers is concerned. These actions may
include proposing new legal standards or adapting existing standards. This is how
the procedures of the European Court of Human Rights evolve to remain effective,
this is how proposals to abolish the death penalty were adopted, and this is how
documents based on a new convention such as the Council of Europe Convention
on Measures against Trafficking in Human Beings adopted in 2005 were adopted.
In this sense, human rights documents will remain under review and development
for a long time. The fact that human rights charters and treaties are sometimes
seen as falling short of our aspirations should not be a reason to question what
human rights represent as the hope of humanity. Human rights law will often
remain less than human rights defenders expect and aspire to, but it is also their
most trusted supporter.