Seminar on

Universal Declaration of
Human Rights

By
Nilaramba Adhikari
MPH-259
 Outline of the Seminar
• Human Right Situation in the Past
• Crusade for Human Rights
• Introduction to UDHR
• Criticisms
• UDHR and Nepal
• Conclusion
Human Right Situation in the past
Human behaved as Slaves
Racial Discrimination: Black Vs. White
Jewish girls at the Birkenau platform (Germany) waiting for death.
Jews at the Birkenau platform waiting for the death-life selection;
most were selected to be sent directly to the gas chambers
On the way to Death at Majdanek Nazi Extermination Camp(Poland)
Ovens for humans, Majdanek (Poland), 1944
• Few govern the many around the world

• Human bondage in the form of slavery and serfdom.

People widely accepted keeping Slaves as natural order of
things

• Superior win the joy of earth in the expense of so called

inferior people

• Traditional hierarchy and authoritarian regimes ruled

across the globe

• No place to run, no place to hide, no person to seek,

no institution or law or treaty for the rights of Men.
Crusade for the Human Rights
• American Declaration of Independence
(1776)
• “Human are same by birth and must have the
rights to live life with freedom and joys.”
• French Revolution (1789)
French human right activities like Voltaire,
Jean Jacques Rousseau had started
advocating for rights of people. French National
Assembly in 1789 developed Declaration of
Rights of Man and Citizens as first legal
document.
• First World War(1914-1918)
• 10 million people died
• Paris Peace conference (1919)
• Strong desire for a lasting peace and a better world
• League of Nations formed
• Voices raised for the
• Rights of women,
• Rights of workers,
• Rights of ethnic minorities,
• Rights of colonial countries people.
• Rise of Adolf Hitler’s Nazi Party (1933)
• Started extermination camps for the Jewish people
and differently-able people from the country.
• killed 11million people

• Second World War(1939-1945)

• Massive death, devastation, and genocide
• More than 50 million men, women, and children lost
their lives
• war was a test of warriors, of weapons, and of finances
• Advancement of science and technology
• During Second World War…
• League of Nations was almost functionless
• Atlantic Charter (1941) came
– Gave early official expression to the idea of a crusade
for the rights of man

• After the second World War

• Strong desire for the establishment of a
mechanism that would ensure a lasting peace
• Representatives from different country met in
San Francisco
• United Nations established (1945)
• United Nations Charter came
• Article 1, Line 4 states its purpose as
“To achieve international co-operation in solving
international problems of an economic, social, cultural,
or humanitarian character, and in promoting and
encouraging respect for human rights and
for fundamental freedoms for all without distinction as
to race, sex, language, or religion”
 United
Nations

Social & Economic

General Assembly Council

•Commission on Human Rights formed in 1946

•Sub-Commission on Prevention of
Discrimination and Protection of Minorities
formed in 1947
Universal
Declaration on
Human Rights came •Recommended Universal Declaration on
in 1948, December Human Rights to General Assembly in 1948
10.
Universal Declaration of Human Rights
UN General Assembly adopting
UDHR.
 Introduction to UDHR
Universal Declaration of Human Rights
• Adopted by UN General Assembly on 10th
December 1948.
• Held at Palais de chaillot, Paris, France.
• Consist of 30 Articles.
• Article 1:
All human beings are born free and
equal in dignity and right.
• Article 2:
Everyone is entitled to all the rights
and freedoms set forth in this
declaration.
• Article 3:
Right to life, liberty and the security
of person.

• Article 4:
Prohibition of slavery and slave trade.
• Article 5:
Prohibition of torture, cruel,
inhumane or degrading treatment or
punishment.

• Article 6:
Right to recognition everywhere as a
person before the law.
• Article 7: Equality before the law

All are equal before the law and are entitled

without any discrimination to equal protection of
the law. All are entitled to equal protection
against any discrimination in violation of this
declaration and against any incitement to such
discrimination.
• Article 8:
Entitlement to an effective remedy by
a national tribunal for acts violating
the fundamental rights granted by the
constitution or by law.
• Article 9:
Protection from arbitrary arrest,
detention or exile.

• Article 10:
Entitlement to a fair and public court
hearing.
• Article 11:
Presumption of innocence until proved
guilty and no conviction without a
legal base
• Article 12:
Entitlement to protection of privacy
and private life.
• Article 13:
Right to freedom of movement.
• Article 14: Right to asylum from
persecution
1. Everyone has the right to seek and to enjoy
in other countries asylum from
persecution.

2. This right may not be invoked in the case of

prosecutions genuinely arising from
nonpolitical crimes or from acts contrary to the
purposes and principles of the United Nations.
• Article 15: Rights to Nationality

1. Everyone has the right to a nationality.

2. No one shall be arbitrarily deprived of his

nationality nor denied the right to change his
nationality.
• Article 16: Right to marry and to found a family

1. Men and women of full age, without any limitation

due to race, nationality or religion, have the right to
marry and to found a family. They are entitled to
equal rights as to marriage, during marriage and at
its dissolution.

2. Marriage shall be entered into only with the free

and full consent of the intending spouses.

3. The family is the natural and fundamental group

unit of society and is entitled to protection by society
and the State.
• Article 17: Right to personal property
1. Everyone has the right to own
property alone as well as in
association with others.

2. No one shall be arbitrarily deprived

of his property.
• Article 18:
Right to freedom of thought,
conscience and religion.
• Article 19:
Right to freedom of opinion and
expression and to information.
• Article 20: Right to freedom of
peaceful assembly and association

1. Everyone has the right to freedom

of peaceful assembly and association.

2. No one may be compelled to belong

to an association.
• Article 21:
Right to universal and equal suffrage,
access to public service and
democratic co-determination
• Article 22:
Right to social security and
entitlement to the economic, social
and cultural rights indispensable for
the dignity and the free development
of one’s personality.
• Article 23:
Right to work; equal pay for equal
work, just remuneration; right to
unionization
• Article 24:
Right to rest and leisure.

• Article 25:
Right to a standard of living adequate
for health and wellbeing; entitlement
to assistance during motherhood and
childhood.
• Article 26:
Right to education.
• Article 27:
Right to cultural life, participation in
scientific progress; protection of
intellectual property.
• Article 28:
Entitlement to a liberal social and
international order.
• Article 29:
Duties of the individual to the
community; rights and freedoms of a
person are limited, to secure those of
others.
• Article 30:
An interpretation of the present
declaration may not be aimed at the
destruction of any of the rights and
freedoms set forth herein.
Immediate Output of UDHR around the World

– Countries, liberated or became independent

nation after 1948, incorporated human
rights issues as stated in UDHR in their
constitution

– Countries, having constitution before 1948,

upgraded their constitution incorporating
the human rights issues
Criticism of Universal Declaration of
Human Rights
 Criticism
• Lacks Cross-cultural Validity
– It is not compatible with non-western
cultures and religions.
– Muslim countries were reluctant to
accept the Article 16, relating to free
marriage choice, and Article 18,
relating to freedom of religion.
 Criticism
• Rights of People with disabilities like
Physical, Mental or learning
disabilities are excluded.
 Criticism
• Groups such as Amnesty International
and War resisters International started
advocating for "The Right to Refuse to
Kill" to be added to the UDHR
on the grounds of
Article 18 “freedom of thought,
Conscience, and/or religion”
Universal Declaration of Human Rights
• Not a legally binding treaty,
• It’s not a convention
• But carries moral weight because it is adopted by
the international community
To address the need of
• Legally binding treaty at the time of human rights violation

(18 years after the UDHR)

• UN Covenant on Economic, Social and Cultural Rights

(1966, December 16)
– Implemented in 1973 Jan. 3

• UN Covenant on Civil and Political Rights(1966, December

16)
– Implemented in 1973 March 23
A new problem confronted..

If the government commits discrimination or

violation against its citizen, whether its citizen
can file their case in any international
organization or not???

So Optional Protocol to the Covenant on Civil

and Political Rights came in 1966.

• By 1994, decision was made to recruit UN High

Commissioner for Human Rights for
monitoring the human rights situation.
Universal Declaration of Human Rights
and
Nepal
• Constitutions in Nepal were enacted
since
• 1951 (The Interim Government of Nepal Act, 2007)
• 1959
• 1962
• 1990 (The constitution of The Kingdom of Nepal,2047)
• 2007 (Interim Constitution of Nepal, 2063)

Since the very first constitution, Human Rights

issues were included as per the declaration.
• Constitution of Nepal, 2047 BS
• Part III: Fundamental Rights, Article 11-23
» 11. Right to Equality
» 12. Right to Freedom
» 13. Press and Publication Right Have
» 14. Right regarding Criminal Justice reflected
» 15. Right against Preventive Justice Nepal’s
» 16. Right to Information constitution
to empower
» 17. Right to Property
its citizen
» 18. Cultural and Educational Right with rights
» 19. Right to Religion as per UDHR
» 20. Right against Exploitation
» 21.Right against Exile
» 22. Right to Privacy
» 23. Right to Constitutional Remedy
• Interim Constitution of Nepal,2063 BS
• Part III: Fundamental Rights, Article 12-32
» 12. Rights to Freedom
» 13. Rights to Equality
» 14. Right against Untouchability and Racial
Discrimination
» 15. Right Regarding Publication, Broadcasting
and Press
» 16. Right Regarding Environment and Health
» 17. Education and Cultural Right
» 18. Right regarding Employment and Social Security
» 19. Right to Property
» 20. Right of Woman
» 21. Right to Social Justice
» 22. Right of Child
» 23. Right to Religion
» 24. Rights Regarding to Justice
» 25. Right against Preventive Detention
» 26. Right against Torture
» 27. Right to Information
» 28. Right to Privacy
» 29. Right against Exploitation
» 30. Right Regarding Labour
» 31. Right against Exile
» 32 Right to Constitutional Remedy
• Human Rights Commission Act, 2053
BS (1997 AD)
– to establish an independent and autonomous
National Human Rights Commission for the
effective enforcement as well as protection and
promotion of Human Rights conferred by the
Constitution and other prevailing laws
• National Human Right Commission
• An independent body established in May
26,2000 under the human right commission
act 1997.
• Responsibilities:
– Investigation of Complaints
– Monitoring human right situation
– Dialogue and Advocacy
– Training and Capacity Building
– Law and Policy Reform
– Lobbying and Campaigning
– Publication and Dissemination
• Office of High Commissioner for Human Rights
• Agreement reached between OHCHR and Nepal
Government to monitor human right situation in Nepal on
April 2005.
• OHCHR-Nepal was established
• OHCHR-Nepal reports to the Commission on Human Rights, the
Human Rights Council and the General Assembly state following
human rights violation in Nepal:
– Arbitrary detention, freedom of movement and fair trial
– Freedom of assembly and freedom of expression
– Freedom of association
– Caste and ethnic discrimination
– Gender discrimination and trafficking
– Delays in justice
– Weakening of rule of law institutions
Human Rights situations at present:
• Feeling of untouchability, racial discrimination persisting

• Insecurity and Impunity looming high

• People are still suffering from torture and inhumane acts

• Bias in decision making by law enforcing organizations

• People are still devoid of right to have national citizen

• Many innocent people are being detained and kept under the violent
condition before they are proved guilty by court

• People are being ostracized for their religion

• Personal property are unlawfully captured

• No any provision for the unemployed people

Conclusion
• Universal Declaration of Human Rights had
broadly incorporated all the human rights issues
from civil and political rights to economic, social
and cultural rights of an individual.

• Many nations have incorporated the human rights

agendas in their constitution. Despite all, strict
adherence to the declaration is, yet incomplete,
even in the developed countries.
– The basic fundamental rights to food, shelter,
clothes, education, job, health care, security, freedom
of speech, freedom of movement yet not protected by
many nations around the world.

– Civil and political rights of people is massively

violated by the people at law-implementing bodies.

– Power politics between the countries and political

instability within the countries had made
government reluctant to dwell upon the economic,
social and cultural rights of people.
 References
• Universal Declarations of Human Rights. Retrieved on 19 th
November, 2012.
http://www.un.org/en/documents/udhr/index.shtml.
• The constitution of the Kingdom of Nepal, 2047, Interim constitution
of Nepal, 2063. Retrieved on 22nd November, 2012.
http://www.supremecourt.gov.np/main.php?d=lawmaterial&f=cons
tdef2047
• Sharma, G. International Law in Nutshell. Kathmandu; Vidhyarthi
Pustak Bhandar:2000.
• Lauren P G. The Rights of Man: Great Thinkers and Great
Movements. United States of America; The teaching company:2008.
• Report of the United Nations High Commissioner for Human Rights
on the human rights situation and the activities of her office,
including technical cooperation, in Nepal. Retrieved on 19 th
November, 2012.
http://nepal.ohchr.org/en/resources/Documents/English/reports/SG/200
5_09_16_OHCHRGeneralAssemblyReport_E.pdf
• Photo source: http://www.zwoje-scrolls.com/
Thank you.!!