What is the Universal Declaration of Human Rights?
The Universal Declaration of Human Rights is the first international statement of the rights that belong to every person, regardless of nationality, race, sex or religion. Written in the shadow of the Second World War, it was adopted by the UN General Assembly, meeting in Paris, on December 10, 1948, as Resolution 217 A (III).
A declaration is not a treaty that states sign and ratify, so the document is not legally binding in itself. But because later human rights treaties and the rights sections of many national constitutions were built on it, it is often called the foundation of international human rights law. Its central idea, that power must answer to law, connects to the rule of law and to the U.S. Bill of Rights.
- Adopted
- December 10, 1948, UN General Assembly, Paris
- Vote
- 48 in favor, 0 against, 8 abstentions
- Structure
- Preamble and 30 articles
- Follow-up treaties
- ICCPR and ICESCR (1966)
Human rights are not a gift from any one country. The core of the Declaration is that the nations of the world agreed, together, that every person everywhere has the same dignity and rights.
How it was adopted and what it says
- Drafting: the UN Commission on Human Rights prepared the text, and Eleanor Roosevelt of the United States chaired it and was a driving force behind adoption. More than 50 member states took part in the final drafting.
- The vote: it passed 48 to 0, with eight abstentions, including the Soviet Union and other communist states, Saudi Arabia and South Africa.
- Articles 1–2: all human beings are born free and equal in dignity and rights and are entitled to the Declaration's rights without distinction of any kind.
- Articles 3–21: civil and political rights, such as life, freedom from torture, equality before the law, fair trial, privacy, freedom of thought, expression and assembly, and the right to take part in government.
- Articles 22–27: economic, social and cultural rights, such as social security, work and fair pay, rest, an adequate standard of living, education and cultural life.
- Articles 28–30: a social and international order in which rights can be realized, duties to the community, and a ban on using the Declaration to destroy any of its rights.
For Korean students, a lecture-style introduction that traces human rights from Magna Carta to Article 10 of the Korean Constitution is in Human Rights for a Happy Life: The Meaning of Rights, from Magna Carta to Article 10 of Korea's Constitution and Freedom of Assembly. A paper on freedom of expression under Articles 19 and 20 of the ICCPR is in Freedom of Expression Under the ICCPR and Korean Law: Articles 19 and 20, Hate Speech Limits, and the Rabat Plan of Action, and the rights of migrant workers and refugees in Korea are covered in Human Rights of Migrant Workers, Marriage Migrants and Refugees in Korea: The Employment Permit System, Refugee Recognition and Proposed Remedies.
| Universal Declaration | International Covenants | |
|---|---|---|
| Adopted | 1948 | 1966 (in force 1976) |
| Legal status | Declaration (not binding) | Treaties (binding on parties) |
| Rights covered | Civil and social rights together | Split into ICCPR and ICESCR |
| United States | Voted in favor | Ratified ICCPR in 1992; signed but not ratified ICESCR |
From declaration to treaties
To turn the Declaration into binding obligations, the General Assembly adopted the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR) on December 16, 1966. The ICESCR entered into force on January 3, 1976, and the ICCPR on March 23, 1976. The United States signed both in 1977 and ratified the ICCPR on June 8, 1992, but it has never ratified the ICESCR. Korea joined both covenants on April 10, 1990.
In Korea, Article 10 of the Constitution echoes Article 1 of the Declaration by guaranteeing human dignity and obliging the state to protect fundamental rights, and the National Human Rights Commission, launched on November 25, 2001, investigates rights violations and discrimination. Korean anti-discrimination law is covered in disability anti-discrimination law and affirmative action.
When you study a human rights question, start by finding the article of the Declaration it touches. Tracing a problem from the Declaration to the covenant that made it binding and then to national law shows exactly where the legal duty comes from.
- Is the Universal Declaration of Human Rights legally binding?
- Not by itself, because it is a declaration rather than a treaty. Its content was later written into binding treaties such as the 1966 covenants and into many national constitutions.
- When is Human Rights Day?
- December 10, the day the Declaration was adopted in 1948.
- Has the United States ratified the human rights covenants?
- It ratified the ICCPR in 1992 but has signed and not ratified the ICESCR.
References
- United Nations, History of the Declaration. United Nations
- Universal Declaration of Human Rights. OHCHR
- International Covenant on Civil and Political Rights, ratification status. UN Treaty Collection