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Seventy-five years ago, on 10th December 1948, the UN General Assembly approved the Universal Declaration of Human Rights at a meeting in Paris. This laid one of the foundation stones of the international order that emerged following the horrors of World War II.
The declaration was proclaimed as “a common standard of achievement for all peoples and all nations.” However, in practice, it has not turned out the way it was conceived.
What is the Universal Declaration of Human Rights?
It for the first time asserted universal protection of human rights. The UDHR was discussed by all members of the UN Commission on Human Rights and finally adopted by the General Assembly in 1948. It is a document that acts like a global road map for freedom and equality. It protects the rights of every individual, everywhere.
The declaration is not a treaty and is not legally binding in itself. The principles set out in the Declaration have been incorporated into many countries’ laws. It is viewed as the basis for international human rights law.
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What is the Significance of Universal Declaration of Human Rights?
1. Gave fillip to the different Freedom Movements- The UDHR supported the decolonisation movement by enunciating the ideals of basic human dignity and freedom. For Ex- Decolonisation movements in Africa and South East Asia.
2. Foundation of fundamental rights in constitutions- The human rights declaration has become the foundation for fundamental rights and individual liberty in different national constitutions and regional and multilateral agreements. For ex- Fundamental rights part in the Indian constitution.
3. Inspiration for new social movements- The Universal Declaration of Human Rights also inspired the anti-apartheid movement, LGBTIQ+ movement and the anti-racism movements across the globe. For Ex- Civil Right movement in the USA.
4. Apolitical and Secular Document- It is an apolitical and secular document that transcends all barriers based on culture, gender, religion and political ideologies.
5. Introduction of “Rule of Law”- The widely used phrase “rule of law” was first used in the document of UDHR. According to the principle of rule of law, human beings are equal in the eyes of the law irrespective of territorial, jurisdiction and political ideologies.
What are the Challenges to the Universal Declaration of Human Rights?
1. Geopolitical conflicts- The recent geopolitical conflicts like Israel-Hamas War, Russia’s war in Ukraine, internal conflicts in Myanmar and Sudan, have emerged as major challenge to Universal Declaration of Human Rights.
2. Misuse and Abuse- The Universal Declaration of Human Rights has been misused and exploited for political gain. For Ex- Rwandan Genocide (instigated by the military coup in Rwanda under the garb of protection of human rights).
3. Abuse of Human rights of women- Women are considered weak in our society and are often denied basic human rights. They are subjected to violence in society whether it is within four walls of the house or at workplace. For Ex- Invasive vaginal examinations in Afghanistan.
4. Abuse of Right to live with dignity- The right to live with dignity has been challenged by the socio-economic malpractices like manual scavenging, rag picking etc.
5. Corruption in Governance- Corruption threatens the rule of law, democracy and human rights and undermines good governance. For Ex- Misuse of anti-terror laws.
6. Non-enforceable nature of the Declaration– As the UDHR is a non-binding document, it renders it ineffective in checking human rights violations.
What should be the way forward?
1. Alignment of territorial laws with UDHR– The existing legislations and provisions should be aligned according to the UDHR. For Ex- Public flogging in the Middle East.
2. Active Role of UNSC- The UNSC must rise over partisan interests and play an active role in the protection of the UDHR principles. For Ex- Torture of Uighurs in China.
3. Enforcement of Domestic Human Rights Law- Countries must enact human rights laws in consonance with the UDHR principles and establish institutions for effective monitoring of violation of human rights. For Ex- NHRC in India.
4. Ethical Importance of Human Rights- Human rights are inalienable to human existence. Abuse of human rights is an abuse to humanity. Ethical considerations of human rights protection must be the guiding light for ethical governance.
John F Kennedy once said that “The rights of every man are diminished when the rights of one man are threatened“. So the governments have to understand that and ensure proper enforcement of human rights. After all, denying human rights is a challenge to humanity itself.
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