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Universal Declaration Of Human Rights - Background, Provisions And Significance

Last Updated on Jan 15, 2025
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The Universal Declaration of Human Rights is a global document that establishes the human rights and civil liberty of every person in the world. The General Assembly of the United Nations adopted this declaration on 10th December 1948, primarily as a response to the actions of the Second World War. This declaration contains 30 articles that will apply to every human being on this planet, irrespective of religion, race, nationality, and gender.

In this article, we shall be discussing the different aspects of the universal declaration of human rights, like meaning, historical background, objectives, and importance. 

The Universal Declaration of Human Rights is often in the news as it is one of the most comprehensive documents on human rights. Therefore, it becomes important for the UPSC IAS exams. It forms an important part of the General Studies syllabus of Prelims and the syllabus of General Studies Mains Paper 2. The UPSC aspirants can also take the help of Testbook's UPSC CSE Coaching. This helps boost your UPSC Exam preparation!

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What Is The Universal Declaration Of Human Rights?

The universal declaration of human rights was discussed and vetted by United Nations Commission on Human Rights members. Even though this declaration is non-binding on member states, different countries have incorporated the set of rights and freedom mentioned in this in their respective constitution. 

India played a pivotal role in drafting the articles on human rights and individual freedom mentioned in the declaration. The International Bill of Human Rights includes the International Covenant on Covil and Political Rights and its two optional protocols, the Universal Declaration of Human Rights (UDHR) and the International Covenant on Economic, Social, and Cultural Rights. 

10th December, the day the United Nations General Assembly adopted this declaration, is celebrated as International Human Rights Day every year. As per the Freedom in the World Report 2022, India has been ranked as a partly free country in terms of freedom and democratic society. 

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History Of the Universal Declaration Of Human Rights

The Second World War was one of the bloodiest wars in human history. As an aftermath of this war and to seek a peaceful future, a group of 51 countries founded the United Nations in October 1945.

One of the major objectives behind establishing the United Nations was to prevent future World Wars and secure human rights and individual liberty. The Universal Declaration of Human Rights was the brainchild of Eleanor Roosevelt, wife of former US President Franklin D Roosevelt. She was instrumental in forming and adopting the UDHR at the United Nations General Assembly. 

President of the United States of America, Harry Truman, appointed Eleanor Roosevelt to the US delegation to the United Nations in 1945. She had earned her reputation as a champion of international civil liberty and respect for human rights. She became the United Nations Commission on Human Rights chairperson in April 1946. Just after being appointed chairperson of the UN Commission on Human Rights, she started drafting the universal human rights declaration. 

Her vision and ideals regarding respect for human rights and dignity, as well as her desire for global peace, had evolved from the experience of world wars. Eleanor also visited some of Europe's devastated cities after the war ended. All these experiences helped her develop strong willpower and desire to prevent future wars and bring the conversation on human rights to the centre of all discussion.

However, the task of formulating a document on human rights was not an easy one. The new world powers, the USA and the Soviet Union had their own definition of human rights and could not reach a consensus. Moreover, many conservative politicians in the US opposed the inclusion of economic and social rights in the universal declaration as they considered it to be influenced by the communist ideology. 

Hansa Mehta, India’s representative to the UN Commission on Human Rights, was the only other woman on the panel. She persuaded the members to change the wording of the first article, which was written as “All men are born equal”, to “All human beings are born equal”. 

The Universal Declaration of Human Rights would serve as a model framework for several countries that included almost all human rights in their respective constitutional setup. Finally, the Universal Declaration on Human Rights was adopted on 10th December 1948.

Also, Read here about the Fundamental Duties of Article 51A

Universal Declaration On Human Rights And Its Provisions 
  • It is a set of 30 human rights and individual liberty that sheds light on an individual’s freedom and human dignity. 
  • These rights are equally applicable to all human beings irrespective of race, religion, nationality, and gender. 
  • This universal declaration accelerated the process of formulating international human rights law. It also paved the way for the enactment of the international bill of human rights. 
  • The declaration does not have any legal mandate. Even though the articles have been incorporated into different national legal frameworks, international agreements and several human rights instruments. 
  • One important point to note is that all 193 countries have officially ratified at least one of the nine legally binding treaties of Universal Declaration of Human Rights. 

Here is a detailed guide on the Right to Speech and Freedom (Article 19)

Articles Under UDHR

Here are the articles mentioned under the universal declaration of human rights: 

Articles

Content

Articles 1-2

  • These articles conveyed the fundamental ideas of liberty, equality, and dignity.

Article 3-5

  • Article 3-5 stresses upon the protection of other fundamental rights.
  • They include the right to life and the prohibitions against slavery and torture. 

Article 6-11

  • The legitimacy of the underlying human rights is established by these articles. 
  • They also outline legal actions a person may take to enforce their rights if they have been violated.

Article 12-17

  • It guarantees people's rights in relation to their communities. 
  • Article 12-17 covers things like the right to nationality, the right to own property, the ability to move around freely and live wherever one chooses, etc.

Articles 18-21

  • It mentions constitutional liberties. 
  • It covers the rights to free speech, an association without violence, opinion and thinking expression, religion and conscience practise, and the dissemination and receipt of information via any media.

Articles 22-27

  • It includes a person's cultural, social, and economic rights. 
  • The right to healthcare is the most crucial freedom. 
  • These articles include the need for accommodations for individuals with physical disabilities.
  • It focuses on the need to have the right to a reasonable standard of living.
  • It focuses on the need of special care for children and new mothers. 

Articles 28-30

  • These articles specify how these rights may be exercised. 
  • They also outlines the circumstances under which these rights cannot be exercised.
  • They mention the obligations that each person has to society. 
  • Additionally, it states that these rights cannot be used in a way that undermines United Nations’ goals.

Objectives Of Universal Declaration Of Human Rights

Here are some of the major objectives of the universal declaration of human rights: 

  • The preamble of Universal Declaration of Human Rights states that the destruction and misery caused during the second world war made it necessary to have a clearer understanding of human rights and dignity. 
  • The Universal Declaration of Human Rights aimed to create a universal standard of human rights. 
  • It emphasised recognising human dignity and equality. 
  • This declaration aimed at establishing peace, justice and freedom in the world by recognising the inalienable rights of mankind. 
  • Another important objective of the universal declaration of human rights was to work towards fulfillment of the pledges mentioned in the UN Charter. 

Significance Of UDHR

Here are some reasons to showcase the significance of Universal Declaration of Human Rights: 

  • The human rights declaration is considered a ground-breaking document which provides us with a set of most fundamental human rights necessary for the survival and progress of humans. 
  • It is an apolitical and secular document transcending all barriers based on culture, gender, religion and political ideologies. 
  • The widely used phrase “rule of law” was first used in this document. It implies that all human beings are equal in the eyes of the law irrespective of territorial, jurisdiction and political ideologies. 
  • Even though it is not legally binding on national states, the human rights declaration has become the foundation for fundamental rights and individual liberty in different national constitutions and regional and multilateral agreements. 
  • It is an important foundational document of the United Nations and part indirectly a part of the UN charter. 

Here is a list of fundamental rights mentioned in our Constitution. 

National Human Rights Commission (NHRC)

The National Human Rights Commission is an independent statutory set up by the Protection of Human Rights Act 1993. As per the provisions of this act, the chairperson of NHRC shall be either the Chief Justice of India or a judge of the Supreme Court. It was set up in compliance with the Paris Principles of Human Rights 1991. 

This body acts as a watchdog for the protection of human rights in India. It preserves the right to life, equality, dignity and liberty of citizens, which is guaranteed by the Constitution as well as several international covenants. It acts as a check against the executive to ensure that the human rights of the citizens are not violated. 

Apart from the chairperson, there are eight members of NHRC. Out of these, four are permanent members, and four are deemed members. A committee comprising the Prime Minister, Union Home Minister, Speaker of Lok Sabha, Deputy Chairperson of the Rajya Sabha and Leader of Opposition in both houses of the Parliament selects and recommends the name of members to the President. 

About Human Rights Council 

It is an inter-governmental body established as an independent organ of the United Nations. The council consists of 47 members, and these members are elected by the United Nations General Assembly. It aims to protect and promote human rights and individual freedom. The Human Rights Council was established on 15th March 2006, with its headquarters in Geneva, Switzerland. 

One of the most important functions of the Human Rights Council is to undertake Universal Periodic Review. Under this, the human rights record of all 193 member nations is reviewed and scrutinised by the Council once every four years. The Secretariat of the Human Rights Council is the Office of the High Commissioner of Human Rights. 

Conclusion 

The universal declaration of human rights is a detailed document outlining the basic principles of human rights. It treats all human beings as equal and aims to preserve the rights and freedoms of all individuals transcending caste, colour, nationality, political ideology, religion, etc. A number of fundamental rights enshrined in our constitution are also taken from the Universal Declaration of Human Rights. This document serves as the guiding light for humanity in the modern world, where the rise of authoritarian regimes threatens to take away or crush most cherished human rights. 

Previous Year Questions On Universal Declaration On Human Rights 
  1. Though the Human Rights Commissions have contributed immensely to the protection of human rights in India, yet they have failed to assert themselves against the mighty and powerful. Analysing their structural and practical limitations, suggest remedial measures.(2021)

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Universal Declaration Of Human Rights FAQs

The United Nations adopted the universal declaration of human rights on 10th December 1948.

Justice (Retd) Arun Kumar Misra is the current chairperson of NHRC.

The theme of World Human Rights Day 2023 is “Dignity, Freedom and Justice for All”.

Eleanor Roosevelt, Rene Cassin of France, Dr Pen-Chun Chang of China, Charles Malik, William Hidgson of Australia, Charles Dukes of the United Kingdom, and Aleandre Bogomollov were part of the drafting committee of Universal Declaration of Human Rights.

India was one of the founding signatories of Universal Declaration of Human Rights. It signed the declaration on 10th December 1948.

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