GURU GHASIDAS UNIVERSITY, BILASPUR

SCHOOL OF LAW

PROJECT ON

HUMAN RIGHTS AND HUMANITARIAN LAW

“UNIVERSAL DECLARATION OF HUMAN RIGHTS AND ITS LEGAL

EFFECTS”

SESSION- 2020

1
 CONTENTS

1. Introduction
2. Origin of the Universal Declaration of Human Rights
3. Content of Universal Declaration of Human Rights
4. Articles of Universal Declaration of Human Rights
5. Legal effects of Universal Declaration of Human Rights
6. Conclusion
7. Bibliography

2
Introduction
Human Right are the basic rights and freedom that belong to every person in the world from
birth until death. These basic rights are based on shared value like dignity, fairness, equality,
respect and Independence.

Human Rights are “the recognition of the inalienable dignity of human beings”. Free of
discrimination, inequality, or distinction of any kind, human dignity is universal, equal and
inalienable.
Beyond the concept, Human Rights are expressed and defined in legal texts, which seek to
guarantee the dignity of human beings and to make it a reality.
In 1948, the United Nations General Assembly adopted the Universal Declaration of
Human Rights, which represents “a common standard of achievement for all peoples and all
nations.”
The Universal Declaration was adopted by the General Assembly of the United Nations on 10
December 1948 at Palais de Chaillot at Paris. Motivated by the experiences of the preceding
world wars, the Universal Declaration was the first time that countries agreed on a
comprehensive statement of inalienable human rights. The Guinness book of Records
describes the UDHR as the most translated document in the world. It has also served as the
foundation for a growing number of national laws, and treaties, as well as regional, national,
and sub-national institutions protecting and promoting human rights.

The Universal Declaration begins by recognising 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 speech and privacy. It also includes economic, social, and
cultural rights, like the right to social security, health and education.

Origin of the Universal Declaration of Human Rights

The philosophy of Human Rights began with the Enlightenment. In The Social Contract (I,4),
Rousseau sought “a form of association … in which each, while uniting himself with all, may
still obey himself alone, and remain as free as before.”
The 1948 text of the Universal Declaration of Human Rights is inspired by the 1789 text of
The Declaration of the Rights of Man and of the Citizen.
After the horrors of the Second World War, the international community decided to draw up
an international charter of rights that would affirm the values put forward in the struggle
against fascism et Nazism.

3
The drafting of such a charter was entrusted to a committee chaired by Eleanor Roosevelt and
composed of members from 18 countries. The Charter was drafted by Canadian John Peters
Humphrey, and then revised by Frenchman René Cassin.
The final text is pragmatic and the result of numerous political consensuses, so that it would
gain widespread approval.

Content of Universal Declaration of Human Rights

The general explanation of human rights states that civil, political and social rights belong to
human beings in order to preserve one’s dignity. The thirty articles of the Universal of
Human Rights guarantees protection of the person, of procedural law (claim of effective legal
remedy), classical freedom rights such as freedom of expression, as well as economical,
social and cultural rights. These rights should apply to all people irrespectively of their race,
gender and nationality, as all people are born free and equal.
The general explanation of human rights is not a legally binding document, however it has a
political and moral importance and many of its guarantees have today become standard
expectations. The UDHR was significantly important in terms of its content and a benchmark
for the establishment of binding UN human rights Conventions since the 1950’s.

Articles of the Universal Declaration of Human Rights

There are 30 Articles out of 30 Articles 21 Articles enumerating civil and political rights and
6 Articles cover economic and social rights.
Article 1: We are all born free. We all have our own thoughts and ideas and we should all be
treated the same way.

Article 2: The rights in the UDHR belong to everyone, no matter who we are, where we’re
from, or whatever we believe.

Article 3: We all have the right to life, and to live in freedom and safety.

Article 4: No one should be held as a slave, and no one has the right to treat anyone else as
their slave.

Article 5: No one has the right to inflict torture, or to subject anyone else to cruel or inhuman
treatment.

Article 6: We should all have the same level of legal protection whoever we are, and
wherever in the world we are.

Article 7: The law is the same for everyone, and must treat us all equally.

Article 8: We should all have the right to legal support if we are treated unfairly.

4
Article 9: Nobody should be arrested, put in prison, or sent away from our country unless
there is good reason to do so.

Article 10: Everyone accused of a crime has the right to a fair and public trial, and those that
try us should be independent and not influenced by others.

Article 11: Everyone accused of a crime has the right to be considered innocent until they
have fairly been proven to be guilty.

Article 12: Nobody has the right to enter our home, open our mail, or intrude on our families
without good reason. We also have the right to be protected if someone tries to unfairly
damage our reputation.

Article 13: We all have the right to move freely within our country, and to visit and leave
other countries when we wish.

Article 14: If we are at risk of harm we have the right to go to another country to seek
protection.

Article 15: We all have the right to be a citizen of a country and nobody should prevent us,
without good reason, from being a citizen of another country if we wish.

Article 16: We should have the right to marry and have a family as soon as we’re legally old
enough. Our ethnicity, nationality and religion should not stop us from being able to do this.
Men and women have the same rights when they are married and also when they’re
separated. We should never be forced to marry. The government has a responsibility to
protect us and our family.

Article 17: Everyone has the right to own property, and no one has the right to take this away
from us without a fair reason.

Article 18: Everyone has the freedom to think or believe what they want, including the right
to religious belief. We have the right to change our beliefs or religion at any time, and the
right to publicly or privately practice our chosen religion, alone or with others.

Article 19: Everyone has the right to their own opinions, and to be able to express them
freely. We should have the right to share our ideas with who we want, and in whichever way
we choose.

Article 20: We should all have the right to form groups and organize peaceful meetings.
Nobody should be forced to belong to a group if they don’t want to.

Article 21: We all have the right to take part in our country’s political affairs either by freely
choosing politicians to represent us, or by belonging to the government ourselves.
Governments should be voted for by the public on a regular basis, and every person’s
individual vote should be secret. Every individual vote should be worth the same.

Article 22: The society we live in should help every person develop to their best ability
through access to work, involvement in cultural activity, and the right to social welfare.

5
Every person in society should have the freedom to develop their personality with the support
of the resources available in that country.

Article 23: We all have the right to employment, to be free to choose our work, and to be
paid a fair salary that allows us to live and support our family. Everyone who does the same
work should have the right to equal pay, without discrimination. We have the right to come
together and form trade union groups to defend our interests as workers.

Article 24: Everyone has the right to rest and leisure time. There should be limits on working
hours, and people should be able to take holidays with pay.

Article 25: We all have the right to enough food, clothing, housing and healthcare for
ourselves and our families. We should have access to support if we are out of work, ill,
elderly, disabled, widowed, or can’t earn a living for reasons outside of our control. An
expectant mother and her baby should both receive extra care and support. All children
should have the same rights when they are born.

Article 26: Everyone has the right to education. Primary schooling should be free. We should
all be able to continue our studies as far as we wish. At school we should be helped to
develop our talents, and be taught an understanding and respect for everyone’s human rights.
We should also be taught to get on with others whatever their ethnicity, religion, or country
they come from. Our parents have the right to choose what kind of school we go to.

Article 27: We all have the right to get involved in our community’s arts, music, literature
and sciences, and the benefits they bring. If we are an artist, a musician, a writer or a
scientist, our works should be protected and we should be able to benefit from them.

Article 28: We all have the right to live in a peaceful and orderly society so that these rights
and freedoms can be protected, and these rights can be enjoyed in all other countries around
the world.

Article 29: We have duties to the community we live in that should allow us to develop as
fully as possible. The law should guarantee human rights and should allow everyone to enjoy
the same mutual respect.

Article 30: No government, group or individual should act in a way that would destroy the
rights and freedoms of the Universal Declaration of Human Rights.

The Legal Effect of Universal Declaration of Human Rights

The legal point of view of declaration is only a recommendation; it was not strictly binding
on state.
British, Norway, Australia, Mexico and India also have opinion that the declaration
did not have any legally binding force.
Fourth Annual General Report in 1949, the Secretary General
by United Nation stated “it is true that this declaration is not law but neither has been of the

6
most influential documents in history.”
The United States declaration of Independence and France
declaration of the rights of man were not law when they were proclaimed.

The legal status of the Universal Declaration of Human Rights, which was subject to
controversy at the time it was adopted, has evolved since then.
At the international level,
the Universal Declaration has become part of the United Nations legal corpus and has been
recognised as a binding instrument by publicists and judicial and quasi- judicial bodies.

At the National level, it has been incorporated into many domestic legal systems following
dynamics related to four trans-regional areas (Common Law, Latin America, Europe, and
Africa). This double evolution has changed the intrinsic status of the UDHR, which is now
part of the non-conventional sources of mandatory law, though some legal systems deny its
binding force. Its applicability is therefore based on the formulation of the rights it contains.

 Is the Universal Declaration legally binding?

The Universal Declaration is not a treaty, so it does not directly create legal obligation for
countries.

However, it is an expression of the fundamental values which are shared by all members of
the international community. And 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.

Conclusion
The Universal Declaration of Human Rights remains as relevant today as it was on the day in
1948 that it was proclaimed and adopted by the United Nations General Assembly. The
extraordinary vision and resolve of the drafters produced a document that, for the first time,
articulated the rights and freedoms to which every human being is equally and inalienably
entitled. Now available in more than 360 languages, the Declaration is the most translated
document in the world — a testament to its global nature and reach. It has become a yardstick
by which we measure right and wrong. It provides a foundation for a just and decent future
for all, and has given people everywhere a powerful tool in the fight against oppression,
impunity and affronts to human dignity.

7
The commitment of the United Nations to human rights stems from the Organization’s
founding Charter. The international community has a duty to uphold and defend these rights.
Let us ensure that those people who most need their rights protected are made aware that this
Declaration exists and that it exists for them. Let us each do our part to make these universal
rights a living reality for every man, woman and child, everywhere.

Bibliography
 www.un.org
 www.humanrights.org
 www.britannica.com
 www.humanium.org