AMITY LAW SCHOOL

UNIVERSAL DECLARATION OF HUMAN RIGHTS

SUBMITTED TO: SUBMITTED BY:

MISS ANCHAL SINHA YUKTA KAUSHIK

Faculty ,HUMAN RIGHTS BALLB ,7 TH SEMESTER

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 ACKNOWLEDGEMENT

After the completion of the research paper , I believe that I need to express gratitude to many
people as since without their respective help cop-opreation ; the success of this entire research
project work would have been next to impossible .

It gives me a great sense of pleasure to extend my sincere gratitude to my teacher and guide, how
give me opportunity to work on this topic.

I m also greatful to all my friends colleagues for being helpful and their constant support .

I express deepest grateful to my parents how have been the driving force for this work and who
helped even in the most demanding of situation.

YUKTA KAUSHIK

BALLB ,7TH SEMESTER

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 TABLE OF CONTENT

1. ACKNOWLEDGEMENT--------------------------------------------------------------------------2
2. RESEARCH METHODOLOGY------------------------------------------------------------------4
3. OBJECTIVE------------------------------------------------------------------------------------------4
4. NATURE OF STUDY------------------------------------------------------------------------------4
5. SOURCW OF DATA--------------------------------------------------------------------------------4
6. INTRODUCTION-----------------------------------------------------------------------------------5
7. HISTORY--------------------------------------------------------------------------------------------5
8. PREAMBLE-----------------------------------------------------------------------------------------6
9. DRAFT COMMITTEE----------------------------------------------------------------------------7
10. THE UDHR BASED ON FOUR PROMISES-------------------------------------------------8
11. THE HIGHLIGHTS ,OBJECTIVES AND DECLARATIONS ---------------------------9
12. SOME QUESTIONS -----------------------------------------------------------------------------10
13. ANSWERS ----------------------------------------------------------------------------------------11
14. BILIOGRAPHY-----------------------------------------------------------------------------------13

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RESEARCH METHODOLOGY
 Secondary and Electronic resources have been largely used to gather information and
data about the topic.
 Books and other reference as guided by Faculty have been primarily helpful in giving
this project a firm structure.
 Websites, dictionaries and articles have also been referred.
 Journals,scholar works and pdf. Files has been referred.
 Footnotes has been provided where ever necessary.

OBJECTIVES

 To study about UDHR

 To study (UDHR) document in the history of human rights.
NATURE OF STUDY

 This research is descriptive and analytical in nature.

SOURCES OF DATA

 Various sources of data like books, cases, statutes, Internet, conventions, internet etc.
have been used.

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INTRODUCTION
The Universal Declaration of Human Rights (UDHR) is a milestone document in the history of human
rights. Drafted by representatives with different legal and cultural backgrounds from all regions of
the world, the Declaration was proclaimed by the United Nations General Assembly in Paris on 10
December 1948 (General Assembly resolution 217 A) as a common standard of achievements for all
peoples and all nations. It sets out, for the first time, fundamental human rights to be universally
protected and it has been translated into over 500 languages. The UDHR is widely recognized as
having inspired, and paved the way for, the adoption of more than seventy human rights treaties,
applied today on a permanent basis at global and regional levels (all containing references to it in
their preambles).

HISTORY
Up until the Second World War several countries had proclaimed declarations concerning
human rights (e.g. Bill of Rights, Declaration of the Rights of Man and of the Citizen, etc.) but
no universal one existed. The reflections of the Second World War atrocities highlighted the
need for a universal declaration. Consequently, two years after the creation of United
Nation (UN) the UN's Secretary-General Trygve Lie requested a declaration draft from UN's
Economic and Social Council’s, who delegated the task to the Commission on Human Rights.

The Universal Declaration of Human Rights, which was adopted by the UN General Assembly
on 10 December, 1948 was the result of the experience of the Second World War. With the
end of that war, and the creation of the United Nations, the international community vowed
never again to allow atrocities like those of the conflict happen again. World leaders decided
to complement the UN Charter with a road map to guarantee the rights of every individual
everywhere. The document they considered, and which would later become the Universal
Declaration of Human Rights, was taken up at the first session of the General Assembly in
1946.

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PREAMBLE
. Whereas recognition of the inherent dignity and of the equal and inalienable rights of all
members of the human family is the foundation of freedom, justice and peace in the world,

Whereas disregard and contempt for human rights have resulted in barbarous acts which
have outraged the conscience of mankind, and the advent of a world in which human beings
shall enjoy freedom of speech and belief and freedom from fear and want has been
proclaimed as the highest aspiration of the common people,

Whereas it is essential, if man is not to be compelled to have recourse, as a last resort, to

rebellion against tyranny and oppression, that human rights should be protected by the rule
of law,

Whereas it is essential to promote the development of friendly relations between nations,

Whereas the peoples of the United Nations have in the Charter reaffirmed their faith in
fundamental human rights, in the dignity and worth of the human person and in the equal
rights of men and women and have determined to promote social progress and better
standards of life in larger freedom,

Whereas Member States have pledged themselves to achieve, in co-operation with the
United Nations, the promotion of universal respect for and observance of human rights and
fundamental freedoms,

Whereas a common understanding of these rights and freedoms is of the greatest

importance for the full realization of this pledge,

Now, Therefore THE GENERAL ASSEMBLY proclaims THIS UNIVERSAL DECLARATION OF

HUMAN RIGHTS as a common standard of achievement for all peoples and all nations, to
the end that every individual and every organ of society, keeping this Declaration constantly
in mind, shall strive by teaching and education to promote respect for these rights and
freedoms and by progressive measures, national and international, to secure their universal
and effective recognition and observance, both among the peoples of Member States
themselves and among the peoples of territories under their jurisdiction.

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DRAFT COMMITTEE

Members:

1. Dr. Charles Malik(Lebanon)

2. Alexadre Bogomolov(USSR)
3. Dr.Peng-Chun Chang(China)Vice-Chairperson
4. Rene Cassin(France)
5. Eleanor Roosevelt(US)Chairperson
6. Charles Dukes(United Kingdom)
7. William Hoolgson(Australia)
8. Hernan Santa Cruz(Chile)
9. John P. Humphrey(Canada)

According to the United Nations (UN), the 1948 Universal Declaration of Human Rights (i.e.,
the Declaration) is the foundation of international human rights law—the first universal
statement on the basic principles of inalienable human rights and the world’s most
translated document. It has been influential in other key human rights documents and is
part of the International Bill of Human Rights. This bill also includes the International
Covenant on Economic, Social, and Cultural Rights and the International Covenant on Civil
and Political Rights (adopted in 1966) and its two Optional Protocols. The document that
ultimately became the Declaration was taken up at the UN General Assembly’s first session
in 1946. The draft Declaration on Fundamental Human Rights and Freedoms was reviewed
and then sent to the Economic and Social Council for reference to the Commission on
Human Rights, where it would be considered as part of the process of preparing an
international bill of rights. The Commission, in early 1947, authorized the formulation of a
preliminary draft for the International Bill of Human Rights. Later, the work was taken over
by a formal drafting committee.

The Commission on Human Rights included eighteen members and was chaired by Eleanor
Roosevelt. Other members included René Cassin (France), who composed the Declaration’s
first draft; Charles Malik (Lebanon), who served as committee reporter; Peng Chung Chang
(China), vice chairman of the Commission; and John Humphrey (Canada), director of the
UN’s human rights division, who prepared the Declaration’s blueprint.

The Declaration’s first draft was proposed in September 1948 with over fifty member states
participating in the final drafting. Member states voted a total of fourteen hundred times on
various aspects of the text, with many debates. Some Islamic states objected to the articles
on equal marriage rights and on the right to change religious beliefs, while several Western
countries criticized the inclusion of economic, social, and cultural rights. On December 10,
1948, the General Assembly adopted the Declaration with eight nations abstaining from the
vote but none dissenting.

The Declaration’s preamble proclaims the document a common standard of achievement

for all. It calls for the promotion of respect for these rights and freedoms and the securing of
their universal and effective recognition and observance. Article 1 follows and states, «All
human beings are born free and equal in dignity and rights. They are endowed with reason

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and conscience and should act towards one another in a spirit of brotherhood.” Under
Article 2, everyone is entitled to all the Declaration’s rights and freedoms without any
distinction.

According to the UN, the Declaration’s articles can be divided into three clusters. Articles 3
to 21 constitute the first cluster and outline civil and political rights. The right to life, liberty,
and personal security, recognized in Article 3, is followed by political rights and civil liberties,
including freedom from slavery, torture, and arbitrary arrest, along with rights to a fair trial,
free speech and free movement, and privacy.

The second cluster, Articles 22 to 27, refers to economic, social, and cultural rights. Article
22 is of key importance, granting the right to social security and thus realization of
economic, social, and cultural rights indispensable for dignity, and free and full personal
development. Five articles elaborate the rights necessary for the enjoyment of the right to
social security. These include economic rights related to work, fair remuneration, and
leisure; social rights concerning an adequate standard of living for health, well-being, and
education; and the right to participate in the community’s cultural life.

Finally, Articles 28 to 30 provide a larger protective framework in which all human rights are
to be universally enjoyed. Article 28 recognizes the right to a social and international order
that enables the realization of human rights and fundamental freedoms. Article 29
acknowledges that, along with rights, human beings have obligations to the community that
enable them to develop their individual potential freely and fully. Finally, Article 30 protects
the interpretation of the articles from any outside interference contrary to the UN’s
purposes and principles.

Organizations such as Amnesty International have supported the Declaration but there has
also been debate, such as over its compatibility with Islamic law. In 1993, representatives of
171 states adopted the Vienna Declaration and Programme of Action of the World
Conference on Human Rights. This stated that human rights education, training, and public
information were essential for promoting and achieving stable and harmonious relations
among communities and for fostering mutual understanding, tolerance, and peace.
Following this, the ten-year period beginning on January 1, 1995, was proclaimed the UN
Decade for Human Rights Education, with simultaneous creation of the UN Office of the
High Commissioner for Human Rights.

The UNDHR is based on the following four promises:

1. Individual is the bearer of rights

2. The State acts as the promoter and protector of rights

3. The rights include civil, political, economic, social and cultural aspects of all human beings

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4. The rights are universal.

In 1966, the U.N adopted two other instruments as supplements to the U.N’s Human Rights
Declaration of 1948. One is known as the ‘International Covenant on Economic, Social and
Cultural Rights (ICESCR)’ and the other one is known as the ‘International Covenant on Civil
and Political Rights (ICCPR)’. More than two-third member-states of the UN have already
ratified these two covenants.

There is also a third one the Optional Protocol to the International Covenants on Civil and
Political Rights on the basis of which an aggrieved person is entitled to enjoy the right to
appeal. Thus, the UNDHR

(i) accompanied by two other covenants and the protocol as described is the
International Bill of Rights.

The highlights of the objectives of the UNDHR have been stated in the
opening line of the Declaration which reads as follows:

‘Recognition of the equal and inalienable rights of all members of the human family is the
foundation of freedom, justice and peace all over the world”. In brief, every individual has
been ensured of “a dignified living free from brutality”.

A few other documents have also supplemented the UNDHR and those are:

(1) International convention on prevention of Punishment on crimes of Genocide (1948),

(2) Supplementary convention on abolition of slavery, Slave trade, institutes and practices
(1956),

(3) Convention on Political Rights for women (1952),

(4) UNESCO convention against discrimination in Education,

(5) International convention on elimination of the forms of Discrimination (1965) and

(6) Convention on suppression and punishment of Crimes of the apartheid (1973).

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Some Questions
1. When did the idea of Human Rights first begin?

2. Who created the Human Rights?

3. Where do Human Rights Come from?

4. Where was the Universal Declaration of Human Rights adopted?

5. What is the Universal Declaration of Human Rights and why was it created?

6. Who is the founder of Human Rights?

7. What is the first Declaration of Human Rights?

8. What are the most important Human Rights?

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Answers
1.The Universal Declaration f Human Rights, which was adopted by the UN General Assembly on 10
December 1948, was the result of the experience of the 2nd World War.

2. Draft Committee

• Dr. Charles Malik(Lebanon)

• Alexadre Bogomolov(USSR)

• Dr.Peng-Chun Chang(China) Vice-Chairperson

• Rene Cassin(France)

• Eleanor Roosevelt(US) Chairperson

• Charles Dukes(United Kingdom)

• William Hoolgson(Australia)

• Hernan Santa Cruz(Chile)

• John P. Humphrey(Canada)

3. In 1948, the United Nations passed the Universal Declaration of Human Rights. While the
Rights set out in this document have been added to in various other human rights declaration by the
United Nations.

4. The Universal Declaration of Human Rights (UDHR) is a historic document that was adopted
by the United Nations General Assembly at its third session on 10 December 1948 as Resolution 217
at the Palais de Chaillot in Paris, France.

5. On December 10, 1948 UDHR was adopted by 56 members of the United Nations where the
vote was unanimous although eight nations choose to abstain. UDHR was proclaimed as important
document closely linked with peace, a landmark for protecting the rights and dignity of people and
beginning of a system.

6. The Commission, guided by Eleanor Roosevelt's forceful leadership, captured the world's
attention. On December 10, 1948, the Universal Declaration of Human Rights (UDHR) was adopted
by the 56 members of the United Nations. The vote was unanimous, although eight nations chose to
abstain.

7. Known today as the Cyrus Cylinder, this ancient record has now been recognized as the
world's first charter of human rights. It is translated into all six official languages of the United
Nations and its provisions parallel the first four Articles of the UniversalDeclaration of Human Rights.

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8. International Bill of Rights

• The right to equality and freedom from discrimination.

• The right to life, liberty, and personal security.

• Freedom from torture and degrading treatment.

• The right to equality before the law.

• The right to a fair trial.

• The right to privacy.

• Freedom of belief and religion.

• Freedom of opinion.

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Bibliography
1.Amnesty International. “Universal Declaration of Human Rights 60th Anniversary.”
www.amnesty.org/en/universal-declaration-human-rightsanniversary.

2.Littman, David G. “Human Rights and Human Wrongs.” National Review Online, January 13, 2003.
www.nationalreview.com/comment/ comment-littman011903.asp.

3.Morsink, Johannes. The Universal Declaration of Human Rights—Origins, Drafting and Intent.
Philadelphia: University of Pennsylvania Press, 1999.

4.United Nations. “A United Nations Priority: Universal Declaration of Human Rights.”

www.un.org/rights/HRToday/declar.htm.

5.“The Universal Declaration of Human Rights.” www.un.org/ Overview/rights.html.

6.“60th Anniversary: Universal Declaration of Human Rights.” www.

un.org/events/humanrights/udhr60/index.shtml.

7.United Nations Office of the High Commissioner for Human Rights. “Fact Sheet No. 2 (Rev. 1),The
International Bill of Human Rights.

” www. ohchr.org/Documents/Publications/FactSheet2Rev.1en.pdf.

Online Sources
http://www.un.org/en/sections/universal-declaration/history-document/index.html

http://www.un.org/en/universal-declaration-human-rights/index.html

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