Universal Declaration of Human Rights

Content of the UDHR

The Universal Declaration of Human Rights (UDHR) of 1948 is probably the best-known human rights document and also represents the foundation stone for international human rights protection. Until the Second World War, human rights and the protection of human rights were almost exclusively a matter for national constitutions, and only a very few issues were regulated at the international level. However, the National Socialist terror and the horrors of the Second World War led to a change. During the war, the Allies fighting against Germany and its allies declared that they wanted to create conditions so that all people could live in peace and free from fear and want. Therefore, the Charter of the United Nations, founded in 1945, contains a clear mandate for the international community to promote respect for and implementation of human rights and fundamental rights for everyone.

The real breakthrough of the idea of human rights for all came with the adoption of the Universal Declaration of Human Rights by the UN General Assembly in December 1948. 48 states voted for the declaration, 8 abstained. This was preceded by a two-year discussion process in the newly founded UN Human Rights Commission, in which representatives of 18 states met under the chairmanship of the American Eleanor Roosevelt. The development process was influenced on the one hand by the Western tradition of human rights declarations and catalogues of fundamental rights, but on the other hand by new emphases, particularly in the area of social rights.

Although the Universal Declaration of Human Rights is not a legally binding document, it has great political and moral weight and certain of its guarantees are now of a customary nature. The UDHR was also an important substantive reference point for the drafting of the binding UN human rights conventions since the 1950s.

The Universal Declaration of Human Rights stipulates civil, political and social rights that people should have because of their dignity. Thirty articles guarantee the protection of the human person (right to life, prohibition of slavery, prohibition of torture, prohibition of arbitrary arrest and detention, etc.), procedural rights (right to effective legal remedies, etc.), classic civil liberties such as freedom of expression, freedom of religion, property rights or freedom to marry, as well as economic, social and cultural rights (right to social security, right to work, right to food and health, right to education, etc.). These rights should apply to all people regardless of their race, gender or nationality (Article 2), because all people are born free and equal in dignity and rights (Article 1).

Preamble

 Whereas recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world.

Whereas disregard and contempt for human rights have led to barbaric acts which have deeply wounded the conscience of mankind, and where the creation of a world in which men shall be free from fear and want and shall enjoy freedom of speech and belief has been proclaimed to be the highest aspiration of mankind.

Considering it essential to protect human rights by the rule of law, so that man shall not be compelled to revolt against tyranny and oppression as a last resort, Considering it essential to promote the development of friendly relations among nations, Whereas the peoples of the United Nations have in the Charter reaffirmed their faith in fundamental human rights, in the dignity and worth of the human person and in the equal rights of men and women, and have resolved to promote social progress and better standards of life in larger freedom, Whereas Member States have pledged themselves, in co-operation with the United Nations, to achieve the universal respect for and observance of human rights and fundamental freedoms, Whereas a common understanding of these rights and freedoms is of the greatest importance for the full realization of this pledge, The General Assembly proclaims this Universal Declaration of Human Rights as the common standard of achievement of all peoples and nations, to the end that every individual and every organ of society, keeping this Declaration constantly in mind, shall strive by teaching and education to promote respect for these rights and freedoms and by progressive measures, national and international, to achieve their universal and effective recognition and observance among all nations. the population of both the member states and the territories under their sovereignty.

Explanation of the preamble

All human rights declarations and treaties (and also other declarations and international treaties) begin with a preamble (a kind of introduction). This sets out the reasons that led to the conclusion of the declaration or treaty and the goals that the text is intended to achieve. The preamble to the Universal Declaration of Human Rights lists a number of ethical, historical and political reasons and goals.

For all these reasons, the UN General Assembly proclaims the Universal Declaration of Human Rights as the common ideal to be achieved by all peoples and nations. Every person and every state is called upon to keep the declaration in mind and to promote and constantly develop human rights, for example through teaching and education and through measures at the national and international level. This is intended to ensure that human rights are actually realized.

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