Department of University

Institute of Legal Studies

Ankita Bali
Human Rights Law

www.cuchd.in Campus: Gharuan, Mohali

 PREPARATION OF UDHR

• The draft of the declaration was prepared by the drafting committee which
was appointed by the Commission on Human Rights.
• The Commission thereafter discussed the draft in its third session which
was held in June 1948.
• Then it was submitted to the Economic and Social Council.
• The Economic and Social Council adopted the draft and submitted it to the
General Assembly.
• The General Assembly then adopted the draft on December 10th, 1948
without dissent by 48 votes with 8 States Abstaining.

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 PREAMBLE OF UDHR

“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”.

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 RIGHTS IN THE DECLARATION

• The UDHR contains 30 Articles with regards to rights.

• It enumerated the basic postulates and principles of human
rights in a most comprehensive manner.
• 21 Articles deal with civil and political rights.
• 6 Articles cover economic and social rights.

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 CIVIL AND POLITICAL RIGHTS

• Right to life and liberty (Art 3)

• Freedom from slavery (Art 4)
• Prohibition Against torture, inhuman or degrading treatment or punishment
(Art 5)
• Recognition as a person before law (Art 6)
• Right to equality (Art 7)
• Effective remedy before the national tribunal (Art 8)
• Freedom from arbitrary arrest or detention (Art 9)
• Freedom for fair hearing (Art 10)

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 CIVIL AND POLITICAL RIGHTS

• Presumption of innocence (Art 11 Para 1)

• Freedom from ex post facto laws (Art 11 Para 2)
• Right to privacy (Art 12)
• Freedom of moment and residence (Art 13 Para 1)
• Right to leave any country (Art 13 Para 2)
• Right to seek and enjoy asylum is any country (Art 14 Para 1)
• Right to nationality (Art 15)
• Right to marry and have a family (Art 16)

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 CIVIL AND POLITICAL RIGHTS

• Right to own property (Art 17)

• Freedom of thought and religion (Art 18)
• Freedom of opinion and expression (Art 19)
• Freedom of peaceful assembly and association (Art 20)

• Right to participate in the Government of his country. (Art 21)

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 ECONOMIC AND SOCIAL RIGHTS

• Right to social security (Art 22)

• Right to work and free choice of employment (Art 23)
• Right to rest and leisure (Art 24)
• Right to decent standard of living (Art 25)

• Right to education (Art 26)

• Right to participate in cultural life (Art 27)
• Right to good social and international order (Art 28)

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 LIMITATIONS TO THE RIGHTS

• These rights are not absolute and are subject to certain

limitations.
• Art 29 provides that these rights shall be available subject to
just requirements of morality, public order and the general
welfare in democratic society.

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 LEGAL EFFECT OF THE DECLARATION

Art 55 states that

“The declaration was not intended to be legally binding
and therefore it did not impose any legal obligations on the
states to give effect to its provisions”.

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 CRITICISM OF THE DECLARATION

• It is not binding on the state as a law

• Some of the provisions are very general.
• The declaration offered no means of implementation other
than State’s goodwill.

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 INDIA AND UDHR

NAME OF THE RIGHTS UDHR INDIAN CONSTITUTION

Equality before Law Article 7 Article 14

Prohibition of Article 7 Article 15 (1)

discrimination
Equality of opportunity Article 21 (2) Article 16(1)

Freedom of Speech and Article 19 Article 19(1)(a)

Expression
Freedom of peaceful Article 20(1) Article 19(1)(b)
assembly
Freedom to form Article 23(4) Article 19(1)(c)
associations or union
Freedom of movement Article 13(1) Article 19(1)(d)
within the border

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 INDIA AND UDHR

NAME OF THE RIGHTS UDHR INDIAN CONSTITUTION

Protection in respect of Article 11(2) Article 20 (1)
conviction of offences

Protection of life and Article 9 Article 21

personal liberty

Protection of slavery and Article 4 Article 23

forced labour

Freedom of conscience and Article 18 Article 25(1)

religion

Remedy for enforcement of Article 8 Article 32

rights

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 INDIA AND UDHR

• Keshavnanda Bharti v. State of Kerala [AIR 1973 SC 1461]

• Chairman, Railway Board and others v. Mrs. Chandrima Das
[AIR 2000 SC 265]

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 INDIA AND UDHR

• Keshavnanda Bharti v. State of Kerala [AIR 1973 SC 1461]

• Chairman, Railway Board and others v. Mrs. Chandrima Das
[AIR 2000 SC 265]

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 UDHR AS CUSTOMARY INTERNATIONAL
LAW
• It was unanimously agreed at the time of the adoption of Universal
Declaration that it shall not impose any legal obligations on States.
• The Declaration has been invoked so many times both within and outside
the United Nations and because of general acceptance and common legal
opinion, it has been asserted that whatever the intention of its authors
may have been, the provisions of UDHR have grown into customary law
of nations and therefore are binding on all States.
• U.N. Charter and as established customary law, having attributes of jus
cogens and constitution the heart of the global bill of rights.

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