Universal Declaration of Human Rights (UDHR)

In 1946 UN Commission on Human Rights was constituted to form an International Bill of Rights,
this was done with aim to enforce Human Rights globally and give Human Rights a global
recognition. The drafting committee consisted of eight countries and Eleanor Roosevelt headed the
committee. The International bill consisted of Universal Declaration of Human Rights (UDHR),
ICCPR and ICESCR. The Universal Declaration of Human Rights came into force on 10 December,
1948. It consists of 30 Articles in which, it covers civil, political, social and economic rights. Some
of the rights mentioned under UDHR were also adopted as “Fundamental rights” in the Indian
Constitution, which included rights like equality before law, prohibition of discrimination, right to
life and liberty, freedom of movement, etc. The Supreme Court in Keshwananda Bharti V State of
Kerala observed that “The universal Declaration may not be legally binding instrument but India
being a signatory member has understood the nature and the importance of human rights at the
time Constitution was formed”[1].
UDHR is considered to be the most important document as it consist all the essential rights and
has been ratified by every country in the world. Practically no other international instrument can
claim this honor. In short, the UDHR has acquired a moral and political significance.[2] It provides
rights which can be implemented both in present and in the future. The Declaration is a yardstick
by which to measure the degree of respect for, and compliance with, international human rights
standards everywhere on earth[3].
UDHR has helped to form other treaties like:
• The International Convention on the Elimination of Racial Discrimination (1965).
• The International Covenant on Economic, Social and Cultural Rights (1966).
• The International Covenant on Civil and Political Rights (1966).
• The Convention on the Elimination of All Forms of Discrimination Against Women (1979).
• The Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment (1984).
• The Convention on the Rights of the Child (1989).
Important Rights mentioned Universal Declaration of Human Rights (UDHR)
1) Right to Equality– is considered the most important right as it helps to create a balanced society,
a society where every individual is treated equally and it also enlarges the scope of unity among its
members. There are different articles under UDHR which deals with equality, for example Article
1 of the UDHR provides that all the human beings are born free and are equal in dignity and rights,
Article 7 deals with equality before law and equal protection against any discrimination, Article 10
provides that every individual have equal opportunity for a fair and free public hearing by an
independent and impartial tribunal[4].
2) Right to Freedom– Article 13(1), Article 19, Article 20(1), and Article 23(4) of the UDHR protects
rights like freedom of movement, freedom of speech and expression, freedom of peaceful
 assembly, freedom to form association and union, respectively. In Union Of India vs. Association
For Democratic Reforms And Another, the Supreme Court held that “article 19 of universal
declaration of human rights, 1948 (UDHR) recognizes right to receive information, “everyone has
right to freedom of opinion and expression; this right includes freedom to hold opinions without
interference and to seek, receive and impart information and ideas through any area and regardless
of frontiers.” There is no gainsaying that without participation of citizens, democracy is ineffective.
To enable citizens to actively participate in governance information should be made available”.[5]
3) Right to life and liberty– UDHR states that every individual have the right to life and liberty.
These rights are provided since the very birth of an individual and these rights are inalienable.
4) Protection from Slavery or Slave trade– slavery and slave trade was a major issue. The
Universal of Abolition of the Slave Trade in 1815 was the first to voice this issue and since then 300
agreements were formulated to abolish slavery. In the 19 th century both England and USA had
already passed legislation to outlaw slave trade. In UDHR Article 4 clearly specifies “No one shall
be held in slavery or servitude; slavery and the slave trade shall be prohibited in all their forms”[6].
Also Article 5 of UDHR protects from ill treatment, torture or cruelty or kind of punishment.
5) Freedom of Conscience and Religion– religion is considered one of the most sensitive topics,
and UDHR quite rightly has recognized that every individual has the freedom to practice any religion
of their own choice, Article 18 states that “Everyone has the right to freedom of thought,
conscience and religion; this right includes freedom to change his religion or belief, and freedom,
either alone or in community with others and in public or private, to manifest his religion or belief in
teaching, practice, worship and observance”[7].
6) Remedy for enforcement of right– Article 8 of UDHR seeks that every individual has the right to
get an effective remedy by the competent tribunal. In Uppalapati Nirupa Rani Another vs. Koganti
Lakshmi, and Others, 2010 the Andhra Pradesh High Court held that, “Article 8 of UDHR and
Articles 3(a), 3(c) of ICCPR, Articles 14 and 21 of Constitution read with Section 154 CrPC make it
clear that, if a cognizable offence is not registered and investigated, it would result in violation of
human rights”[8].
UDHR also had to face its own share of criticism. As UDHR has no legal recognition, enforcement
of these rights became questionable. Michael Ignatieff said that “The West now masks its own will
to power in the impartial, universalizing language of human rights and seeks to impose its own
narrow agenda on a plethora of world cultures that do not actually share the West’s conception of
individuality, selfhood, agency, or freedom”[9] Country like Saudi Arabia abstained—DIFFERENT
POINTS OF VIEW.

• The UDHR is not a treaty, so it does not directly create legal obligations for countries.
• The UDHR, together with the International Covenant on Civil and Political Rights and its two
Optional Protocols (on the complaints procedure and on the death penalty) and the
 International Covenant on Economic, Social and Cultural Rights and its Optional Protocol,
form the so-called International Bill of Human Rights.
• This declaration, established as a common standard of achievement for all peoples and
nations, played a foundational role in shaping the international order that emerged after the
devastation of World War II.
•
o The Vienna Declaration and Program of Action in 1993, for instance, further solidified the
principles set forth in the UDHR.
• . 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
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.
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.

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.