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GURU GHASIDAS UNIVERSITY, BILASPUR, CG

SCHOOL OF LAW

Academic Session: 2019-20

PROJECT ON

“UNIVERSAL DECLARATION OF HUMAN RIGHTS AND ITS LEGAL

EFFECT”

HUMAN RIGHTS & HUMANITARIAN LAW

SUBMITTED TO: SUBMITTED BY:

Dr. VINOD KUMAR, AMIYA BHUSHAN

ASSISTANT PROFESSOR B.A. LLB

GURU GHASIDAS UNIVERSITY, BILASPUR 8TH SEMESTER

DATE OF SUBMISSION - AUGUST 14, 2020

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ACKNOWLEDGEMENT

It feels great pleasure in submitting this research project to Dr. VINOD KUMAR, Asst.

Professor (HUMAN RIGHTS & HUMANITARIAN LAW), without whose guidance this project

would not have been completed successfully.

Next, I would like to sincerely thank my seniors, friends and family members, whose

suggestions and guidance assisted me throughout the entire tenure of making this project.

I would also like to express my special thanks to those original thinkers, whom I have taken the

privilege to quote.

Last but not the least, I would like to express my heartfelt gratitude towards the examiner

who would take pains to go through the project. Though a lot of care has been taken, there may

be scope for some improvement. All criticism and suggestions are kindly invited.

Amiya Bhushan

B. A. LLB.

8th Semester
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CERTIFICATE

I am glad to submit this project report on “UNIVERSAL DECLARATION OF HUMAN

RIGHTS AND ITS LEGAL EFFECT” as a part of my academic assignment. The project is

based on Research methodology and further discusses the interview method.

I think this would be significant for academic purposes as well as prove Information to all the

readers.

Here though I declare that this paper is an original piece of research and the borrowed text and

ideas have been duly acknowledged.

Faculty Signature

________________
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DECLARATION

I, AMIYA BHUSHAN, BA-LLB 8th Semester of GURU GHASIDAS UNIVERSITY do

hereby declare that this project is my original work and I have not copied this project or any part

thereof from any source without acknowledgement.

I am highly indebted to the authors of the books that I have referred in my project as well as all

the writers of all the articles and the owners of the information taken from the website for it.

It is only because of their contribution and proper guidance of my faculty advisor Assistant

Professor Dr. VINOD KUMAR that I become able to gather light on the subject.

AMIYA BHUSHAN
B.A.-LL.B
8th SEMESTER
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SYNOPSIS

UNIVERSAL DECLARATION OF HUMAN RIGHTS AND ITS

LEGAL EFFECT

1. INTRODUCTION…………………………………………….. 6

2. STRUCTURE AND CONTENT……………………………... 7

3. HISTORY……………………………………………………… 9

 BACKGROUND

 CREATION AND DRAFTING

 ADOPTION

4. INTERNATIONAL HUMAN RIGHTS DAY……………… 13

5. LEGAL EFFECT…………………………………………….. 13

6. CONCLUSION……………………………………………….. 16
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INTRODUCTION

The Universal Declaration of Human Rights (UDHR) is a document adopted by

the United Nations General Assembly establishing a set of principles for the rights
of individuals. The doctrine was accepted by the General Assembly at its third
session on 10 December 1948 as Resolution 217 at the Palais de Chaillot in Paris,
France. Of the 58 members of the United Nations at the time, 48 voted in favour,
none against, eight abstained, and two did not vote. The Declaration consists of 30
articles detailing an individual's rights which, although not legally binding in
themselves, have been elaborated in subsequent international treaties, economic
transfers, regional human rights instruments, national constitutions, and other laws.
The Declaration was the first step in the process of formulating the International
Bill of Human Rights, which was completed in 1966, and came into force in 1976,
after a sufficient number of countries had ratified them. Some legal scholars have
argued that because countries have constantly invoked the Declaration for more
than 50 years, it has become binding as a part of customary international law.1
However, in the United States, the Supreme Court in Sosa v. Alvarez-Machain
(2004), concluded that the Declaration "does not of its own force impose
obligations as a matter of international law." 2 Courts of other countries have also
concluded that the Declaration is not in and of itself part of domestic law.

1. Henry J Steiner and Philip Alston, International Human Rights in Context: Law, Politics, Morals, (2nd ed),
Oxford University Press, Oxford, 2000.

2. Sosa v. Alvarez-Machain, 542 U.S. 692, 734 (2004)

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STRUCTURE AND CONTENT

The underlying structure of the Universal Declaration was introduced in its second
draft, which was prepared by René Cassin. Cassin worked from a first draft, which
was prepared by John Peters Humphrey. The structure was influenced by the Code
Napoléon, including a preamble and introductory general principles. Cassin
compared the Declaration to the portico of a Greek temple, with a foundation,
steps, four columns, and a pediment.

The Declaration consists of a preamble and thirty articles:

 The preamble sets out the historical and social causes that led to the
necessity of drafting the Declaration.
 Articles 1–2 established the basic concepts of dignity, liberty, and equality.
 Articles 3–5 established other individual rights, such as the right to life and
the prohibition of slavery and torture.
 Articles 6–11 refer to the fundamental legality of human rights with specific
remedies cited for their defence when violated.
 Articles 12–17 established the rights of the individual towards the
community (including such things as freedom of movement).
 Articles 18–21 sanctioned the so-called "constitutional liberties", and with
spiritual, public, and political freedoms, such as freedom of thought, opinion,
religion and conscience, word, and peaceful association of the individual.
 Articles 22–27 sanctioned an individual's economic, social and cultural
rights, including healthcare. Article 25 states: "Everyone has the right to a
standard of living adequate for the health and well-being of himself and of his
family, including food, clothing, housing and medical care and necessary social
services." It also makes additional accommodations for security in case of
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physical debilitation or disability, and makes special mention of care given to

those in motherhood or childhood.3
 Articles 28–30 established the general ways of using these rights, the areas
in which these rights of the individual cannot be applied, and that they cannot
be overcome against the individual.

These articles are concerned with the duty of the individual to society and the
prohibition of the use of rights in contravention of the purposes of the United
Nations Organisation.

3.  Universal Declaration of Human Rights, United Nations, 1948

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HISTORY

Background
During World War II, the Allies adopted the Four Freedoms—freedom of
speech, freedom of religion, freedom from fear, and freedom from want—as their
basic war aims.4,5 The United Nations Charter "reaffirmed faith in fundamental
human rights, and dignity and worth of the human person" and committed all
member states to promote "universal respect for, and observance of, human rights
and fundamental freedoms for all without distinction as to race, sex, language, or
religion".6

When the atrocities committed by Nazi Germany became fully apparent

after World War II, the consensus within the world community was that the United
Nations Charter did not sufficiently define the rights to which it referred. 7 A
universal declaration that specified the rights of individuals was necessary to give
effect to the Charter's provisions on human rights.8

4.  "FDR, "The Four Freedoms," Speech Text |". Voicesofdemocracy.umd.edu. January 6, 1941.
Retrieved April 25,2018

5.  Bodnar, John, The "Good War" in American Memory. (Maryland: Johns Hopkins University Press, 2010)
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6. "United Nations Charter, preamble and article 55" . United Nations. Retrieved 2013-04-20

7.  Cataclysm and World Response in Drafting and Adoption : The Universal Declaration of Human
Rights, udhr.org

8.  "UDHR  – History of human rights". Universalrights.net. Retrieved  2012-07-07

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Creation and drafting

In June 1946, the UN Economic and Social Council established the Commission

on Human Rights, comprising 18 members from various nationalities and political
backgrounds. The Commission, a standing body of the United Nations, was
constituted to undertake the work of preparing what was initially conceived as
an International Bill of Rights.

The Commission established a special Universal Declaration of Human Rights

Drafting Committee, chaired by Eleanor Roosevelt, to write the articles of the
Declaration. The Committee met in two sessions over the course of two years.

Canadian John Peters Humphrey, Director of the Division of Human Rights within

the United Nations Secretariat, was called upon by the United Nations Secretary-
General to work on the project and became the Declaration's principal drafter. At
the time, Humphrey was newly appointed as Director of the Division of Human
Rights within the United Nations Secretariat.

Other well-known members of the drafting committee included René Cassin of

France, Charles Malik of Lebanon, and P. C. Chang of the Republic of China.9
Humphrey provided the initial draft that became the working text of the
Commission.

Hansa Mehta of India suggested adding "all human beings are created equal"
instead of "all men are created equal" in the declaration.

9. The Declaration was drafted during the Chinese Civil War. P.C. Chang was appointed as a representative
by the Republic of China, then the recognised government of China, but which was driven from mainland

China and now administers only Taiwan and nearby islands (history.com)

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According to Allan Carlson, the Declaration's pro-family phrases were the result of
the Christian Democratic movement's influence on Cassin and Malik.10

Once the Committee finished its work in May 1948, the draft was further discussed
by the Commission on Human Rights, the Economic and Social Council, the Third
Committee of the General Assembly before being put to vote in December 1948.
During these discussions many amendments and propositions were made by UN
Member States.11

British representatives were extremely frustrated that the proposal had moral but
no legal obligation.12 (It was not until 1976 that the International Covenant on Civil
and Political Rights came into force, giving a legal status to most of the
Declaration.)

10. Carlson, Allan: Globalizing Family Values Archived 2012-05-25 at Archive.today, 12 January 2004.

11. "Drafting of the Universal Declaration of Human Rights" . Research Guides. United Nations. Dag
Hammarskjöld Library. Retrieved 2015-04-17

12.  Universal Declaration of Human Rights. Final authorized text. The British Library. September 1952.
Retrieved 16 August  2015
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Adoption

The Universal Declaration was adopted by the General Assembly as Resolution

217 on 10 December 1948 in Palais de Chaillot, Paris, as the third United Nations
General Assembly was held there.13 Of the then 58 members14 of the United
Nations, 48 voted in favour, none against,
eight abstained and Honduras and Yemen failed to vote or abstain.

The meeting record provides firsthand insight into the debate. South Africa's
position can be seen as an attempt to protect its system of apartheid, which clearly
violated several articles in the Declaration. The Saudi Arabian delegation's
abstention was prompted primarily by two of the Declaration's articles: Article 18,
which states that everyone has the right "to change his religion or belief"; and
Article 16, on equal marriage rights. The six communist countries abstentions
centred around the view that the Declaration did not go far enough in condemning
fascism and Nazism. Eleanor Roosevelt attributed the abstention of Soviet
bloc countries to Article 13, which provided the right of citizens to leave their
countries.

13.  "Palais de Chaillot. Chaillot museums". Paris Digest. 2018. Retrieved 2018-12-31

14. "Growth in United Nations membership, 1945–present" . www.un.org. Retrieved 2018-02-01
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INTERNATIONAL HUMAN RIGHTS DAY

The Declaration of Human Rights Day is commemorated every year on December
10, the anniversary of the adoption of the Universal Declaration, and is known
as Human Rights Day or International Human Rights Day. The commemoration is
observed by individuals, community and religious groups, human rights
organizations, parliaments, governments, and the United
Nations. Decadal commemorations are often accompanied by campaigns to
promote awareness of the Declaration and human rights. 2008 marked the 60th
anniversary of the Declaration, and was accompanied by year-long activities
around the theme "Dignity and justice for all of us"

LEGAL EFFECT
While not a treaty itself, the Declaration was explicitly adopted for the purpose of
defining the meaning of the words "fundamental freedoms" and "human rights"
appearing in the United Nations Charter, which is binding on all member states.
For this reason, the Universal Declaration of Human Rights is a fundamental
constitutive document of the United Nations. In addition, many international
lawyers15,16 believe that the Declaration forms part of customary international law17

15. John Peters, Humphrey  (23 May 1979). "The universal declaration of human rights, Its history, impact
andjuridical character". In Bertrand G., Ramcharan (ed.). Human Rights: Thirty Years After the Universal
Declaration  : Commemorative Volume on the Occasion of the Thirtieth Anniversary of the Universal
Declaration of Human Rights. The Hage: Nijhoff. p. 37. ISBN 90-247-2145-8

16. Sohn, Louis B. (1977). "The human rights law of the charter". Texas International Law Journal. 12:
133. ISSN 0163-7479. Retrieved 2018-03-21.
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 and is a powerful tool in applying diplomatic and moral pressure to governments

that violate any of its articles. The 1968 United Nations International Conference
on Human Rights advised that the Declaration "constitutes an obligation for the
members of the international community" to all persons. The Declaration has
served as the foundation for two binding UN human rights covenants:
the International Covenant on Civil and Political Rights and the International
Covenant on Economic, Social and Cultural Rights. The principles of the
Declaration are elaborated in international treaties such as the International
Convention on the Elimination of All Forms of Racial Discrimination,
the International Convention on the Elimination of Discrimination Against
Women, the United Nations Convention on the Rights of the Child, the United
Nations Convention Against Torture, and many more. The Declaration continues
to be widely cited by governments, academics, advocates, and constitutional
courts, and by individuals who appeal to its principles for the protection of their
recognised human rights.

For the first time in international law, the term "the rule of law" was used in the
preamble of the Declaration. The third paragraph of the preamble of the
Declaration reads as follows: "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."18

17. Office of the High Commissioner for Human Rights. "Digital record of the UDHR". United Nations.

18.  "Universal Declaration of Human Rights". www.un.org. Retrieved  2017-12-07.

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In its preamble, governments commit themselves and their people to progressive

measures that secure the universal and effective recognition and observance of the
human rights set out in the Declaration. Eleanor Roosevelt supported the adoption
of the Declaration as a declaration rather than as a treaty because she believed that
it would have the same kind of influence on global society as the United States
Declaration of Independence had within the United States.19 Even though it is not
legally binding, the Declaration has been adopted in or has influenced most
national constitutions since 1948. It has also served as the foundation for a growing
number of national laws, international laws, and treaties, as well as for a growing
number of regional, sub national, and national institutions protecting and
promoting human rights.

In 2009, the Guinness Book of Records described the Declaration as the world's

"Most Translated Document" (370 different languages and dialects).
The Unicode Consortium stores 431 of the 50320 official translations available at
the OHCHR (as of June 2017).

19. Timmons, Eric J. "Mspy and USA declaration". 4everY. SpySoft. Retrieved 26 December 2017

20. "Search by Translation", UDHR Translation Project, United Nations Office of the High Commissioner
for Human Rights, retrieved 13-8-2017.
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CONCLUSION
The Universal Declaration has received praise from a number of notable people.
The Lebanese philosopher and diplomat Charles Malik called it "an international
document of the first order of importance", while Eleanor Roosevelt—first
chairwoman of the Commission on Human Rights (CHR) that drafted the
Declaration—stated that it "may well become the international Magna Carta of all
men everywhere." In a speech on 5 October 1995, Pope John Paul II called the
Declaration "one of the highest expressions of the human conscience of our time"
but the Vatican never adopted the Declaration. In a statement on 10 December
2003 on behalf of the European Union, Marcello Spatafora said that the
Declaration "placed human rights at the centre of the framework of principles and
obligations shaping relations within the international community."
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BIBLIOGRAPHY

WEBSITES & ARTICLES REFERRED:

 www.udhr.org/Universal_Declaration_of_Human_Rights.pdf

 https://www.un.org/en/sections/universal-declaration/foundation-international-human-

rights-law/index.html

 https://www.ohchr.org/en/udhr/documents/udhr_translations/eng.pdf