Topic 4 – How did the Universal Declaration come about?

In MODULE 9 you will find a timeline of some of the historical events which led up to the agreement and signing of the Declaration and significant human rights events since then.

Structure and Purpose of the Universal Declaration

The Universal Declaration of Human Rights (UDHR) is a landmark document adopted by the United Nations General Assembly on December 10, 1948. It outlines the fundamental rights and freedoms to which all human beings are entitled, regardless of their nationality, race, religion, gender, or other factors. The UDHR was created in the aftermath of World War II to prevent future atrocities and to promote a shared understanding of human rights as the foundation for peace, justice, and freedom.

Structure:

The UDHR consists of a preamble and 30 articles, which together establish a comprehensive framework for human rights. The preamble sets the context and purpose of the declaration, asserting the importance of recognising the inherent dignity and equal rights of all members of the human family. The 30 articles are divided into several sections:

Articles 1 and 2: These articles establish the principles of equality and non-discrimination, asserting that all human beings are born free and equal in dignity and rights and that everyone is entitled to all the rights and freedoms set forth in the UDHR without distinction of any kind.

Articles 3 to 21: These articles cover civil and political rights, including the right to life, liberty, and security of person; freedom from torture or cruel, inhuman, or degrading treatment or punishment; freedom of thought, conscience, and religion; freedom of expression; and the right to a fair trial.

Articles 22 to 27: These articles address economic, social, and cultural rights, such as the right to work, education, health, and an adequate standard of living.

Articles 28 to 30: These articles emphasise the importance of creating a social and international order where the rights and freedoms set forth in the UDHR can be fully realised. They also highlight the duties and responsibilities of individuals, groups, and states in upholding and promoting human rights.

Purpose:

The primary purpose of the UDHR is to establish a common understanding of the fundamental rights and freedoms to which all people are entitled. It aims to promote awareness and respect for human rights, provide a basis for national and international legal frameworks, and serve as a foundation for social progress and better standards of life.

While the UDHR is not a legally binding document, it has inspired numerous international treaties, national constitutions, and laws that protect and promote human rights. Its principles have become part of customary international law, and it serves as a powerful symbol of the shared values and aspirations of people around the world.

The Universal Declaration has a Preamble or Introduction, and for this course, we have divided the 30 rights into 6 categories. (See MODULES 3 to 8)

The Preamble (MODULE 2) sets the scene and explains the need for the Declaration. It answers these questions:

Why was the Universal Declaration necessary?

World War II and the Holocaust caused the death of around 90 million people. World leaders gathered together after the war ended and agreed on the Universal Declaration to make sure that nothing similar ever happened again.

And where do human rights originate from?

Where do rights come from?

The source of our human rights is our innate human dignity.