January 10, 2024

The United Nations and Human Rights: Evolution of the Universal Declaration

This article has been written by Ms. Zuha, a 4th year BA.LL.B student studying at the University of Kashmir, J&K.

Abstract:

In this article, I will be delving into the concept of human rights and how, when and in what manner they have been recognised by the United Nations.  An attempt will be made on my part to trace the journey from the inception of the recognition of the rights in the Universal Declaration of Human Rights to its present state. Furthermore, how and to what extent the idea envisioned by the United nation has turned successful and the examples of its gross violations?  This article will also explore the historical context which prompted the world leaders to lay the foundation of international human rights standards. The aim is to develop an understanding of the graph of the evolution of the Human rights vis-a-vis the UDHR. 

Introduction: 

It’s often said that Man is a social animal; while it’s true but does that mean we can live and act howsoever we want? Can we project our animal instincts on others as and when we desire? The straight answer to that is No. We humans, a long time back agreed to live in harmony in a civilised society because of the prime factor of our shared needs and wants. It was realized very early on that we cannot live in isolation with others; to have a fulfilling life, we need help and assistance from others and so is required from our sides as well. This understanding of living together also germinated the idea of the existence of Human rights as in context of lack of order in the society; the protection or even recognition of the human rights was the least of the concerns of humankind. The notion of “survival of the fittest” and “Might is right” were dominant. The idea had to undergo a journey of its own to finally be acceptable among humans. Human rights are those set of rights which are endowed to us by the mere fact of being part of the human species. They are inherent rights that are enjoyed commonly by the human population at large.  These rights and their proper fulfilment are essential to living a dignified life. As it should be, human rights are those form of rights which are above and beyond any contractual understanding or rule of law. As the renowned philosopher Immanuel Kant opined, human rights are inherent rights that are not contingent on any external factors, such rights are there, because of the simple fact that we are.  While it’s true that human rights also need recognition ad acknowledgement to be fully functional and operational, it is not so because they are granted to us by some form of authority but only because they are already enjoined to the fact of us being humans. 

 

Why was the need to protect global human rights felt? 

 The Universal Declaration was conceived to counter and stand against the grave human right violations that had taken place during the Second World War in the form of mass killings, violence and destruction. The gravity of violence pressed the world leaders into taking action towards agreeing upon some internationally recognised standards.  Here are a few historical contexts highlighting the need of formulation of the UDHR:-

  • The horrors of the Holocaust– the holocaust that intensified in the 20th century was marked by unfathomable terror and cruelty. It was a projection of the evil yet pure hatred and racial bias against the Jewish populace. The entire populace was coerced into fleeing from Germany and were forced to seek shelter across the world. As many as 44,000 concentration camps were created, where the Jews and other vulnerable sections (intellectually disabled, Sinti tribal people, homosexuals, Roma people and others) were starved, gassed, castrated to death. They were forced to live in overcrowded spaces with little to no access to food and water. This was done to advance the motive of creating a better society by eliminating the undesirable elements. 
  • Hiroshima and Nagasaki bombings– In 1945, just when the second world war was about to end, the US in its gruesome showcase of nuclear power dropped two bombs on the cities of Hiroshima and Nagasaki causing massive destruction overnight and culminated in surrender of Japan in the war.. The destruction has been vast so much so that the exact death toll has still not been known. The people of the two Japanese cities still bear the scars and the consequences of the nuclear attacks in the form of radiation induced illnesses which have been passed on to the successive generations.
  • Slavery: Although slavery officially got abolished in the year 1865, it has a long history and its root can be traced to racial prejudices. This notion of commoditization of human beings is atrocious as it goes against the principles of human rights. No one should be given the right to trample upon you and define your value. Reducing an individual to rubble and discrediting its existence is the lowest one can stoop down to. Putting up people for sale and not revolting against it indicates a total lack of conscience and sensitivity. The whole idea of enslaving black people who were brought from poor African colonies was rooted in the notions of white superiority and utter disrespect for the dignity of other races. 
  • Apartheid– The systematic and institutional segregation of the people of colour and whites is a testament to the continuance of racial prejudices which formed the basis for slavery as well. Be it enslavement, forced labour or enforcing apartheid, the notions and principles of equality still get hit. Has equality ever been there when the non-white people in African colonies were forced to study in separate schools;  regulated under an altogether different legal codes known as Black codes, were prohibited from using common public spaces? In the celebrated case of Brown v. Board (1954), the Supreme Court striking down the “separate but equal” doctrine held that school segregation violated the Equal protection law of the United States and ordered desegregation. 

As much as these events are unfortunate, they have been recorded and etched in the fabric of international history. The scars of the horrid events will remain forever on those who were directly at the receiving end. They bring up to the surface the fundamental question i.e. are we not all equally worthy of respect? Why the access to the common resources (which are gifts of nature) is denied? 

Recognition by the United Nations:

An idea even though commonly understood and accepted cannot be workable when it’s not backed by some sort of sanction. The only way to materialize or enforce an idea is through attaching the sanction of authority. While the countries across the world can have their own laws and regulations to regulate them, it was important for a international body like the United Nation to recognise Human rights so as to provide an impetus for the member nations to have similar legal systems that run in consonance with the idea of human rights. This was also needed in light of the grave violations of such rights across the globe some of which instances can include the Holocaust, Apartheid system, human trafficking, slavery etc. 

 The year 1948 marked the watershed moment in the history of the world when the United Nations General Assembly adopted the Universal Declaration of Human rights (UDHR). It was an effort by the world leaders to cure as well as prevent the repetition of the horrors of the dehumanising state of affairs that formed the debris left behind by the Second World War. It was an endeavour by the international community to set the direction in the way of peace and harmony. Being the first international standard in the sphere of human rights, it is of great importance to trace back its roots to the year 1946 which marks the year of the birth of the United Nations. It was the first matter which was taken up for consideration by the United Nations. A commission on Human rights  consisting of 18 member nations was set up and assigned with the task of preparing a preliminary draft on the” International Bill of Human Rights”. Under the dynamic chairmanship of Eleanor Roosevelt- President Franklin Roosevelt’s widow, a human rights champion in her own right and the United States delegate to the UN-the commission set out to draft the document. It was considered in her opinion as the international Magna Carta for all humankind.  After a span of two years of reaching consensus as to what constituted human rights common to all individuals around the world, the draft was finally adopted as the Universal Declaration on Human Rights in Paris on 10th December, 1948.The declaration as it stands presently enshrine the following rights as have been lucidly explained below:

Equality and non discrimination:  The first article of the UDHR encapsulates the principle of equality. It declares that all human beings are born free and equal in dignity and rights.  We all stand on an equal footing. One cannot claim to be better privileged than the other. Being part of the same species, we are equally entitled to rights concerning our life.  The second article of the declaration prohibits any form of discrimination in the terms of the rights and freedoms provided under the declaration on the basis of race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.  Thus, one distinct class of persons cannot be given rights to the exclusion of others or vice versa.

Humane treatment: Articles 4 and 5 of the declaration vows against the dehumanising of individuals through subjecting them to slavery of any other form of servitude; or torture or cruelty. This principle is what sets us apart from other species. One human cannot choose to buy the other human and wish to run the affairs of the later as per his own whim and caprice. 

Right to Education: Article 26 embodies the universal right of education affirming that everyone has the right to free primary education and opportunity for further education. By acknowledging this crucial right, education is seen as the catalyst of change and transformation towards more inclusive and cohesive societies. 

Privacy and non interference: Article 12 provides that no one should be subjected to arbitrary interference with their family, home or correspondence and attacked with respect to honour or reputation.  A certain level of privacy and autonomy must be guaranteed to individuals in the disposal of affairs concerning their family, correspondence or honour. Individuals cannot be dictated as to how they should manage their family or who they can start with; who or when they can talk to others or; cannot be defamed publicly. 

Personal liberty and security: There are numerous articles in the declaration that affirm the conditions wherein an individual can live a free and a dignified life. The most basic yet pivotal right of life is embodied in article 3 which runs as- “Everyone has the right to life, liberty and security of person”. Article 9 upholds right to freedom from arbitrary arrest, detention or exile ensuring that individuals can only be subject to lawful judicial procedures. 

Submission to law: Article 6 and 7 if read together conclude that we all are entitled to be recognised and to be treated equally before the law. Nobody stands above or below the law. The law, whichever is in operation applies to every individual uniformly. Not just that, our conduct is subject to the regular law. We cannot go on creating our own laws. Furthermore, article 8 provides that individuals can take legal recourse to the respective impartial tribunals in case their fundamental rights are violated. 

Fundamental freedoms:  Various provisions of the UDHR highlight and clarify the position that in order to live a dignified life, there are certain basic yet often compromised freedoms that must be re affirmed.  These freedoms are choice driven and cannot be enjoyed in the face of any form of compulsion. These freedoms touch upon varying aspects of human life, For instance,

  • Right to religion: Article 18 provides for the freedom of thought, conscience and religion. This right includes the freedom to change, manifest, propagate one’s religion, belief either individually or in community and in public or private. 
  • Right to freedom of opinion and expression: Article 19 provides that everyone has the 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 media and regardless of frontiers. 
  • Right to peaceful assembly and association: Article 20 talks of the freedom of peaceful assembly and association. 
  • Right to participate in the governmental system or in the running of the country: Article 21 enshrines the right to contest elections which is available to all individuals equally. 
  • Right to freedom of movement or residence: Article 13 lays down the freedom of movement and residence within the borders of each state
  • Right to seek asylum: Article 14 enables individuals to seek asylum in other countries in the event of persecution. 
  • Right to a nationality: Article 15 guarantees everyone a right to a nationality; which can be changed and cannot be taken away arbitrarily. 
  • Right to marry: Article 16 protects marriage related rights that consenting adult men and women without prejudice to religion, nationality or race can marry and form their own families. 
  • Right to property: Article 17 provides as well as protects the right to property.
  • Right to work, remuneration and rest: Articles 23 and 24 together recognise an individual’s right to work and get employed and remunerated for the services or work rendered by him. Furthermore, a working individual is also entitled to tale rest and take time off work in the form of periodic holidays.  

Health and social security:  What is life without good health? The first and foremost priority of individuals is to address our primary needs. Article 25 upholds the right of an individual to sound health by addressing his basic needs of food, clothing, housing and medical care. He/ she must also be entitled to security in advent of unforeseen events like unemployment, sickness, disability, widowhood, old age pr other lack of livelihood .Furthermore, this article also addresses the need of all children to special care and assistance. 

Adherence to principles of natural justice: By virtue of articles 10 & 11. in every such case where an individual is charged with an offence or accused of having done any harm under the penal laws of any state, principles of natural justice must be adhered to.  He must always be presumed innocent until proven guilty and be given a fair right of hearing by an impartial court or tribunal. If and when proven guilty under existing penal laws, he must not be punished more than the ordinary sentence prescribed for such crime or offence or at more than one instance for the same offence. 

Social participation: Article 27 provides that all individuals shall have the right to participate freely in the cultural life of community, to enjoy the arts and to share in scientific advancement and its benefits. Moreover, one must also be fairly entitled to the interests deriving from scientific, literary or artistic production of which he is the author. This particular provision f the declaration hints at the protection of intellectual property. Anything useful and beneficial created out of one’s intellect though should be ultimately for the welfare of mankind but the right to such creations must be protected in respect of the maker/author. 

Full realization of the rights: Articles 28, 29 and 30 creates the foundation for a conducive environment where in the rights herein discussed can be fully realised. It calls for a social and international order where the rights find their abode.  To that effect, we as constituents of the same society owe a duty to other people for the protection of their rights and freedoms. 

What Next? How much of the theory do we see in practical world?   

The UDHR legacy challenges us to go on the offensive. It demands that we resist the globalised, transactional and localised attacks against rights. The mere declaration of our fundamental human rights does not guarantee that such rights will be respected. Although the prime motive of the formation of the United Nations was to promote and foster global peace and harmony, but conflicts even in the contemporary world are inevitable.  The contemporary international order can preach a long list of rights but the world leaders are not oblivious to the gross violations of human rights that are have taken place even after the formal declaration of the UDHR and still continue. To name a few-

  • The Kashmir issue: With due respect to the academic nature of the article, it has been seen and even quoted by various international organisations that the AFSPA (Armed forces Special Powers Act) has been used has a tool of oppression by the Indian army to commit human right crimes in the valley which include rapes (for instance the Kunan Poshpora case where women of the villages were raped collectively in the guise of searches), abductions, custodial deaths, disappearances, looting etc. It is not unknown that thousands of persons including children were killed in the year 2016 which marked the year of unrest in the valley after the encounter of Burhan wani. If death wasn’t enough, a great deal of persons were injured (many of whom even lost their vision) were attacked with pellet guns which are not used in any other state in the country. The valley was totally cut off from the rest of the world as all forms of communication were put in siege. 
  • Gaza Genocide: The recent Israel-Palestine issue is still a fresh memory for all of us. However, it is a nightmare for those who were affected by the unrest. Hospitals, schools, residential areas were bombed; water, electricity, gas and essential supplies were cut off; medical aid was stopped; dead bodies got lost in the debris of the ruckus; millions were forced into starvation. If they aren’t human right violations, then what can possibly fit into the definition? 
  • The Taliban takeover:  As Afghanistan has been taken over by the Taliban; it deprived the girls and the women of their basic right to get education, curtailed their movement and re-established the practice of public executions. 
  • Ordeal of the Rohingya Muslims: The Rohingya population, an ethnic minority group in the state of Myanmar, which was formerly known as Burma, has been denied citizenship in the state making them bereft of any legal rights and entitlements. They were even denied being considered as people evident from their exclusion in the 2014 census. They have been discriminated and subjected to apartheid at the hands of state since decades now. Very recently in the year 2017, thousands of the ethnic group population were pushed into a state sponsored exodus and forced to seek refuge in states like Bangladesh, Indonesia and Nepal. Their homes and shelters were burned down, women and children were raped and beaten; as many as 6700 Rohingya, including at least 730 children were killed and a hostile situation was created by the Myanmar armed forces for them to leave the state. 

      Conclusion

The list of the human rights abuse is exhaustive. These issues eventually come down to what and who serves the larger political interest of the hard and soft powers of the world.  Despite the unambiguous declaration of the international human rights law, many states openly choose to defy the standards and slip under the radar with total impunity. The problem lies in the fact of the origin of the conflict. Conflicts breed and set the environment where human right violations can actively take place. The ultimate happening of human right abuses further fuel the cycle of conflict. Oftentimes, a political or other issue of conflict is used an excuse to justify human right violations, for instance to commit war crimes. On the other hand, it breeds or lays ground for the ones on the receiving hand to prepare for retaliation which intensify the conflict, thereby leading to more and more violations.  The cycle could be intervened by international human rights watchdogs if the conflict manifests itself of an international nature, meaning that if more than one state is involved. But the fact of the matter is that such conflicts are put beyond the scope of humanitarian intervention by addressing and terming them as Internal matters.  In part, this is due to the fact that while wars between states have diminished, wars within states have escalated. The intervention can only step in when such issues are either taken on an international platform or affect the global peace at large. These international bodies often become toothless when it comes to addressing local human rights violations rendering the role of such watchdogs only advisory. This aptly demonstrates the leakages in the implementation of the International human rights which are majorly premised on the milestone document of the Universal Declaration of the Human Rights (UDHR). 

References: 

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