February 22, 2012

The Universal Declaration of Human Rights

The General Assembly of the United Nations adopted the Universal Declaration of Human Rights, or UDHR, in 10th December 1948. The atrocities of the Second World War were a major contributing factor to the creation of the declaration. The Universal Declaration of Human Rights encourages UN member nations to promote a range of human, social, civil and economic rights. It was the first international attempt to establish boundaries on behaviour within UN member states, pushing them to recognise the responsibility they have for their citizens. It was, however, a non-binding resolution.

The Universal Declaration of Human Rights was written and researched by human rights experts from all over the world who came together to form a committee. This committee featured representatives from all religions and continents and were influenced by famous leaders including Mahatma Gandhi.

Although many people were involved in the writing of the Universal Declaration of Human Rights, much of the credit is often attributed to Ricardo Alfaro, the former president of Panama, who brought a draft international rights bill with him as Panama’s representative to the inaugural meeting of the UN in 1945. He formally proposed that this bill be incorporated into the United Nations Charter. Another name which is commonly associated with the UDHR is Eleanor Roosevelt, the former First Lady who began to discuss an International Bill of Rights in 1947. Roosevelt chaired the Human Rights Commission from 1945-1951, during which time the UDHR was written.

The first article of the Universal Declaration of Human Rights reads:

‘All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood.’

The first two articles of the document are based upon the basic human rights principles of liberty, dignity, brotherhood and equality. The successive articles focus on the various rights that apply to individuals. These include spiritual rights, public rights, economic rights, the rights of individuals in relation to groups and to one another, social rights and cultural rights. In the last three articles, the UDHR discusses human rights in the sense of duties, limits and the order, politically and socially, in which they should be realised. It is thought that the authors of the Universal Declaration of Human Rights intended its content to become legally enforceable.

Human Rights and the Law in the UK

The government and public authorities are legally obliged to respect the fundamental human rights of any person who is in the United Kingdom, regardless of whom they are and the reason for which they are in the county. This law became introduced when the Human Rights Act was passed in 1998.

Through the implementation of the Human Rights Act 1998, further legal effect is given to those fundamental human freedoms and rights that the European Convention on Human Rights specifies. These human rights include those involved in a person’s everyday life as well as those that are more serious and may have an impact on matters of life and death. There are limits on most human rights which have been put in place in order to prevent one individual’s rights from infringing upon the rights of other people. There are some rights, however, that no person or court can limit. These include human rights such as the right not to be tortured, for example. It is essential that all members of society respect the rights of others.

The human rights that are covered in the Human Rights Act 1998 include the right to a fair trial, the right to life, the right to liberty, the right not to be punished for an act that was not illegal when an individual carried it out, the right to marry and to have a family, the right for private and family life to be respected, the right to participate in free elections, the right to have an education, the right of a person to have a peaceful enjoyment of their property and the right of all people not to be subjected to the death penalty.

Some of the human rights to which all people in the UK are entitled are described as freedoms and include freedom of expression, freedom of assembly and association, freedom to express beliefs, freedom of thought, conscience and religion, freedom from being tortured or subjected to degrading treatment, freedom from slavery and forced labour.

All people in the United Kingdom also have the right not to be discriminated against in respect of any of these rights or freedoms. If these human rights are infringed upon by another person, even if this is by someone in authority, they have the protection and support of the law.