AMITY SCHOOL OF LIBERAL ARTS

AMITY UNIVERSITY, JAIPUR, RAJASTHAN

ASSIGNMENT
COURSE: BA(H) political science
NAME: Anuradha Soni
SEMESTER: 6th
SUBMITTED TO: Mr. Avinash Kumar
PAPER: Human Rights in comparative perspectives
Index

1) Universal declaration of human rights- Preamble

2) Provision of Universal declaration

3) History of the Universal Declaration of Human Rights

4) Structure of the Universal Declaration of Human Rights

5) Articles mentioned

6) Significance of the Universal Declaration of Human Rights

7) Human Rights- Universal, Indivisible And Interdependent

8) Conclusion

9) Bibliography
Human rights in Comparative Perspective –BPS06
Name: Anuradha Soni
Enrollment No. A21957421004
Submitted to: Mr. Avinash Kumar
Universal Declaration of Human Rights
The power of the Universal Declaration is the power of ideas to change
the world. It inspires us to continue working to ensure all people can
gain freedom, equality and dignity."

Preamble
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, Whereas disregard and contempt for human rights have
resulted in barbarous acts which have outraged the conscience of mankind, and
the advent of a world in which human beings shall enjoy freedom of speech and
belief and freedom from fear and want has been proclaimed as the highest
aspiration of the common people, Whereas it is essential, if man is not to be
compelled to have recourse, as a last resort, to rebellion against tyranny and
oppression, that human rights should be protected by the rule of law, Whereas it
is essential to promote the development of friendly relations between nations,
Whereas the peoples of the United Nations have in the Charter reaffirmed their
faith in fundamental human rights, in the dignity and worth of the human person
and in the equal rights of men and women and have determined to promote
social progress and better standards of life in larger freedom, Whereas Member
States have pledged themselves to achieve, in cooperation with the United
Nations, the promotion of universal respect for and observance of human rights
and fundamental freedoms, Whereas a common understanding of these rights
and freedoms is of the greatest importance for the full realization of this pledge,
Now, therefore, The General Assembly, Proclaims this Universal Declaration of
Human Rights as a common standard of achievement for all peoples and all
nations, to the end that every individual and every organ of society, keeping this
Declaration constantly in mind, shall strive by teaching and education to promote
respect for these rights and freedoms and by progressive measures, national and
international, to secure their universal and effective recognition and observance,
both among the peoples of Member States themselves and among the peoples of
territories under their jurisdiction.
The Universal Declaration of Human Rights (the UDHR), as the name suggests,
was adopted as a resolution of the General Assembly on 10 December 1948 after
nearly two years of deliberations and efforts of countless individuals went into
preparing that vision. Small countries and non-Western perspectives found voice
during its drafting and owing to their participation; fierce, vigorous discussions
took place on philosophical and cultural aspects of human rights. In view of the
religious, philosophical and ideological divisions prevailing at that time, the
Commission on Human Rights steered itself clear of endorsing a particular
philosophical or religious stand on the issue (Freeman, p.35). Instead, the
Declaration evolved from a complex and diverse moral, philosophical, political
and cultural inputs to establish a ‘common standard for all peoples and all
nations’ (Eleanor Roosevelt cited in Lauren, p.226). This was no means an
achievement in a world that was sharply divided on ideological and other
grounds. The Universal Declaration of Human Rights subsumes an entire range of
human rights, both the civil-political rights and the socio-economic-cultural rights,
and the individual and the collective rights. Universal Declaration acts as a
reference point for any effort to understand the nature and substance of rights.
Provisions of the Universal Declaration
Two principles come across as the most important pillars of human rights norm-
setting effort in the post-Second World War period. Those are the principles of
equality and non-discrimination. The principles appear in the initial articles
(Articles 1, 2 and 7) of the Declaration and the two Covenants as well. Article 1
says that all are ‘born free and equal in dignity and rights and Article 2 sets forth
the principle of non-discrimination in the broadest sense including most of the
categories based on which discrimination can and does occur. It grants
entitlement to rights to everyone ‘without distinction of any kind, such as race,
color, sex, language, religion, political or other opinion, national or social origin,
property, birth or statuses. However, the inclusive and broad nature of provision
on non-discrimination does not preclude special treatment meted out to certain
categories of persons in order to ensure greater equality and rights. For example,
although discrimination on the basis of sex is not allowed, states can have laws for
differential treatment of women to improve their status in society. Equality,
nondiscrimination and rights of the individual are the flavor of the Declaration.
Other provisions in the Declaration are relating to the civil-political rights (Articles
3- 21) and socio-economic-cultural rights (Articles 22-29). The civil-political rights
include the all too familiar right to life, liberty and security of the person (Article
3), the prohibition provisions (slavery in Article 4, torture and other degrading ill
treatment in Article 5 and prohibition against arbitrary arrest in Article 9), the
right to a fair trial, presumption of innocence until proven guilty and non-
interference in personal and family life (Articles 10, 11 and 12 respectively),
freedom of movement, freedom of opinion, freedom of assembly, right to asylum
and right to a nationality (Articles 13, 19, 20, 14 and 15), and right to marriage,
right to own property, right to freedom of thought, conscience and religion and
right to take part in one’s government (Article 16, 17, 18, 21).
Some provisions in the Declaration have been controversial and have received
criticism from non-western ideological quarters. For example, Article 17 on the
right to own property and that no one should be arbitrarily deprived of one’s
property is seen as promoting the private capitalist system that precludes any
systemic change in society. Likewise, the provision in Article 21 on direct or
indirect participation in one’s government arguably places a premium on direct
and representative democracy in comparison to other political systems.
Economic, social and cultural rights (Articles 22-29) include the right to social
security (Article 22), the right to work, free choice of employment with equal pay
for equal work and just and favorable conditions of work (Article 23), the right to
rest and leisure (Article 24), the right to an adequate standard of living (Article 25)
and the right to education (Article 26).
lone provision on cultural rights is included in Article 27 that seeks to guarantee
the right to participate in the cultural life of the community. This provision is also
seen as a collective right as against the individual rights preceding it. Article 29 is
the only provision that imposes duties on every individual towards the community
and the permissible lawful limitations on the exercise of the rights in the interest
of ‘the just requirements of morality, public order and the general welfare’. 5.2.2
Significance of the Universal Declaration The origins of the Declaration
undoubtedly flow from the principles of liberal democracy and the contribution of
such luminaries as Rene Cassin, Eleanor Roosevelt and John Humphrey.
Therefore, the Declaration bears a strong accent on individual rights and the
institutions of liberal democracy. However, the Declaration has received wide
endorsement from countries belonging to every shade of ideology, from non-
governmental organizations, and from people world over, that makes it a truly
universal document (Hurst Hannum, p.353). It is often suggested that it is only a
Declaration, it is not a binding treaty, and that it does not create any obligations
on the member states (consequently, it is not a very effective instrument). Having
said that, it is pertinent to note here that the Declaration is Universal Declaration
of Human Rights (UDHR) and the UN Covenants.

History of the Universal Declaration of Human Rights

The United Nations was founded by 51 countries in October 1945, two months
after World War II ended. Two world wars, the nuclear bombings of Hiroshima
and Nagasaki and a global refugee crisis had led to fears of a destructive World
War 2

The UN was founded to avoid such a disaster, as well as to address human rights.
Out of all the people who wanted such notions to become a reality, it was Eleanor
Roosevelt – the wife of the late United States President Franklin Delano Roosevelt
– who would play a crucial role in the formulation of the Universal Human Rights
Declaration

President Harry Truman appointed Eleanor Roosevelt to the US delegation to the

United Nations in 1945. She was well known throughout the world as a champion
of poverty allegations and universal civil rights. It was in April 1946, after
becoming chair of the UN Commission on Human Rights, that she took on the task
of drafting a human rights declaration for the world.

Eleanor’s ideals about human rights and desire for global peace were influenced
by her experiences of both the world wars where she had worked with shell-
 shocked soldiers undergoing psychological treatments during World War 1 while
she had visited the devastated cities of Europe during the second world war.

Drafting the Universal Declaration of Human Rights was not at all an easy task. For
starters:

1. Both the United States and the Soviet Union had their own definition of human or
to put it simply could not agree on what human rights were.
2. Many conservative US politicians were not fond of supporting the economic and
social rights of the UDHR because in their eyes such rights were ‘communist’ in
their nature and scope.
However, Elanor with her charm and diplomacy managed to gather enough
support for the UDHR to be passed in a resolution.

Hansa Mehta, a UN delegate from the newly independent country of India and
the only other woman on the Commission on Human Rights was crucial in shaping
the declaration. It was she who changed the original declaration’s first article
from “All men are born free and equal” to “All human beings are born free and
equal”.

Even though the declaration isn’t binding or enforceable. It would serve as a

model for legislation in many countries.

After the draft was presented to the United Nations General Assembly, it was
adopted on December 10, 1946.

December 10, the anniversary of the adoption of the Universal Declaration, is

celebrated annually as World Human Rights Day or International Human Rights
Day.

Structure of the Universal Declaration of Human Rights

The structure of the Universal Declaration of Human Rights was influenced by a
set of laws formulated by Napoleon Bonaparte centuries before, collectively
known as the Code Napoléon.
Its final structure took form in the second draft prepared by French jurist René
Cassin, who worked on the initial draft prepared by Canadian legal scholar John
Peters Humphrey.

The Declaration consists of the following:

The preamble gives details about the social and historical reasons that led to the
formation of the UDHR.

It contains a total of 30 articles:

Article 1: We are all born free and equal

Article 2: Freedom from Discrimination
Article 3: Right to Life
Article 4: Freedom from Slavery
Article 5: Freedom from Torture
Article 6: Right to Recognition Before the Law
Article 7: Right to Equality Before the Law
Article 8: Right to Remedy
Article 9: Freedom from Arbitrary Detention
Article 10: Right to a Fair Trial
Article 11: Presumption of Innocence and International Crimes
Article 12: Right to Privacy
Article 13: Freedom of Movement
Article 14: Right to Asylum
Article 15: Right to Nationality
Article 16: Right to Marry and to Found a Family
Article 17: Right to Own Property
Article 18: Freedom of Religion or Belief
Article 19: Freedom of Opinion and Expression
Article 20: Freedom of Assembly and Association
Article 21: A Short Course in Democracy
Article 22: Right to Social Security
Article 23: Right to Work
Article 24: Right to Rest and Leisure
Article 25: Right to Adequate Standard of Living
Article 26: Right to Education
Article 27: Right to Cultural, Artistic and Scientific Life
Article 28: Right to a Free and Fair World
Article 29: Duty to Your Community
Article 30: Rights are Inalienable

Significance of the Universal Declaration of Human Rights

Since the Universal Declaration is not a treaty, it does not impose any legal duties
on governments directly. It is, however, a statement of universal principles that all
members of the international community share; it has also had a significant
impact on the creation of international human rights law.

The UDHR serves as an instrument that has exceptional significance in the sphere
of human rights. It is the primary proclamation that reflects the commitment of
every nation towards the protection of human rights. This document has great
significance mainly because of two reasons, firstly, for the fact that it is the first
international instrument ever that focuses on the need for protection of human
rights across the globe. Secondly, the UDHR paved the way for other various
instruments on human rights that are legally binding upon the state parties. This
declaration became the basis of international human rights law and laid a
foundation for the evolution of human rights law not just at the international level
but also at the domestic level. It inspired nations across the world to give
significance to human rights and to respect each and every individual.

As an impact of UDHR, every nation today, regardless of whether it is a

democratic country or not, has provided its citizens with at least the basics of
human rights. The UDHR, supported by various other international instruments on
human rights, has been successful in reducing numerous practices such as racial
discrimination, torture, slavery, etc., to a great extent, which were very prevalent
during the 19th century. Recognition of women’s rights is another achievement of
the UDHR.
Though it is said that the Universal Declaration is not legally binding upon the
state parties directly, it is nevertheless important to understand that the
mechanism under international human rights law makes the UDHR indirectly
binding upon the state parties through the medium of forthcoming instruments
on the subject of human rights. The various instruments that have come into
existence at the international level are ultimately based upon the principles and
rights laid down by the UDHR. Therefore, any nation that is a party to any of the
instruments on human rights has an indirect legal obligation to comply with the
provisions of the UDHR.

In addition, the Universal Declaration of Human Rights has given rise to several
international treaties that are binding on the countries that ratify them. These
include:

• The International Covenant on Civil and Political Rights (ICCPR)

• The International Covenant on Economic, Social, and Cultural Rights (ICESCR)

HUMAN RIGHTS ARE UNIVERSAL, INDIVISIBLE AND INTERDEPENDENT

All human rights are equally important, and all governments must treat human
rights in a fair and equal manner, on the same footing and with the same
emphasis. All states have a duty, regardless of their political, economic and
cultural systems, to promote and protect all human rights for everyone without
discrimination.

So no matter what distinctions people have, there is one basic principle that
underlies all the rights outlined in the UDHR: that every human being has the
same inalienable rights. This means human rights are the same for every man,
woman and child across the world, no matter what their circumstances.

There can be no distinction of any kind: including race, color, sex, sexual
orientation or gender identity, language, religion, political or any other opinion,
national or social origin, of fortune, of birth or any other situation. Universal
means everyone, everywhere.
The UDHR also shows us that human rights are interdependent and indivisible. All
of the 30 articles in the Declaration are equally important. Nobody can decide
that some are more important than others. Taking away one right has a negative
impact on all the other rights.

Universal Declaration of Human Rights and Human Rights in India

India, as a democratic and welfare nation, has always given utmost importance to
human rights and has always been committed to the protection of human rights,
which is also reflected in the Indian Constitution.

The UDHR had a great influence on the Indian Constitution since the drafting of
the document was completed a year later to the adoption of the international
instrument. India, being a signatory to the proclamation, ensured that the
principles enshrined in the UDHR are also reflected in the Constitution of India.
The words “Secular, Justice, Equality” in the preamble, the very beginning text of
the Constitution, reflect the spirit of India as a nation to promote and protect
human rights. The simple terms in the preamble are supported by Part III and Part
IV of the Constitution, which discusses fundamental rights and the directive
principles of state policy.

Conclusion
In a world where human rights enforcement is still a challenge in both developed
and developing countries, the Universal Declaration of Human Rights (UDHR)
serves as a lighthouse for the international community on the standards that
should be set for the protection and promotion of human rights. The Universal
Declaration of Human Rights marked the beginning of a new era of hope for
respect for all people’s inherent equality and dignity. It paved the way for the
drafting of international human rights treaties and the formation of several
human rights organizations. It gave greater legitimacy to the subject of human
rights around the world, putting it firmly on the agendas of both national
governments and the international community.
Despite these great achievements, the last seventy-three years have also shown
that, in the absence of political will and resources, complete respect for human
rights remains a pledge on paper. Even in recent scenarios, the fight against crime
and terrorism has also put a strain on fundamental rights.

So, governments today must show the same degree of vision, courage, and
commitment that led the United Nations to adopt the Universal Declaration of
Human Rights seventy-three years ago.

Bibliography:

For successfully completing my assignment I have taken help from the following
sites:

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Universal Declaration of Human Rights (UDHR) - iPleaders

Universal Declaration of Human Rights (UDHR): History and Structure ([Link])

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