{{Short description|Document of human rights by the United Nations}} {{Use dmy dates|date=April 2022}} {{Use Oxford spelling|date=August 2017}} {{Infobox document | document_name = Universal Declaration of Human Rights | image = Eleanor Roosevelt UDHR.jpg | image_size = 200 | image_caption = {{Longitem|[[Eleanor Roosevelt]] holding the English-language version of the Universal Declaration of Human Rights in November 1949}} | image2 = The universal declaration of human rights 10 December 1948.jpg | image2_caption = The human rights adopted by the [[United Nations General Assembly]] in Paris on 10 December 1948 | date_created = 1948 | date_ratified = 10 December 1948 | location_of_document = [[Palais de Chaillot]], Paris | writer = [[Drafting of the Universal Declaration of Human Rights|Draft Committee]]{{efn|Included [[John Peters Humphrey]] (Canada), [[René Cassin]] (France), [[P. C. Chang]] (Republic of China), [[Charles Malik]] (Lebanon), [[Hansa Mehta]] (India) and [[Eleanor Roosevelt]] (United States); see [[#Creation and drafting|Creation and drafting]] section below.}} | purpose = [[Human rights]] | wikisource = Universal Declaration of Human Rights | official_website = {{URL|https://www.un.org/en/about-us/universal-declaration-of-human-rights|un.org/udhr}} }} {{United Nations series}} {{Wikisource|Universal Declaration of Human Rights}} The '''Universal Declaration of Human Rights''' ('''UDHR''') is a document adopted by the [[United Nations General Assembly]] that codifies some of the [[Human rights|rights and freedoms of all human beings]]. Drafted by a [[United Nations]] (UN) [[Drafting of the Universal Declaration of Human Rights|committee]] chaired by [[Eleanor Roosevelt]], it was accepted by the General Assembly as [[United Nations General Assembly Resolution 217|Resolution 217]] during [[Third session of the United Nations General Assembly|its third session]] on 10 December 1948 at the [[Palais de Chaillot]] in Paris, France.{{Cite web |title=Human Rights Law|url=https://www.un.org/en/sections/universal-declaration/human-rights-law/index.html|access-date=20 August 2020|publisher=United Nations|language=en |url-status=dead |archive-url= https://web.archive.org/web/20200813084117/https://www.un.org/en/sections/universal-declaration/human-rights-law/index.html |archive-date= Aug 13, 2020 }} Of the 58 members of the UN at the time, 48 voted in favour, none against, eight [[abstentions|abstained]], and two did not vote.{{cite web|url=http://unbisnet.un.org:8080/ipac20/ipac.jsp?session=14O243550E15G.60956&profile=voting&uri=full=3100023~!909326~!676&ri=1&aspect=power&menu=search&source=~!horizon|title=A/RES/217(III)|department=UNBISNET|publisher=United Nations|access-date=24 May 2015|archive-date=21 January 2019|archive-url=https://web.archive.org/web/20190121232151/http://unbisnet.un.org:8080/ipac20/ipac.jsp?session=14O243550E15G.60956&profile=voting&uri=full=3100023~!909326~!676&ri=1&aspect=power&menu=search&source=~!horizon|url-status=dead}} A foundational text in the [[History of human rights|history of human and civil rights]], the Declaration consists of 30 articles detailing an individual's "basic [[rights]] and fundamental freedoms" and affirming their universal character as inherent, inalienable, and applicable to all human beings. Adopted as a "common standard of achievement for all peoples and all nations", the UDHR commits nations to recognize all humans as being "born free and equal in dignity and rights" regardless of "nationality, place of residence, sex, national or ethnic origin, colour, religion, language, or any other status".[https://www.un.org/en/udhrbook/pdf/udhr_booklet_en_web.pdf UDHR Booklet], Art. 2. The Declaration is generally considered to be a milestone document for its universalist language, which makes no reference to a particular culture, political system, or religion.{{Cite news|title=Universal Declaration of Human Rights|url=https://www.amnesty.org/en/what-we-do/universal-declaration-of-human-rights/|access-date=20 August 2020|publisher=Amnesty International|language=en}}{{Cite web |first=Dania |last=Akkad |date=10 December 2012 |title=Human Rights: The Universal Declaration vs The Cairo Declaration|url=https://blogs.lse.ac.uk/mec/2012/12/10/1569/|access-date=20 August 2020|publisher=Middle East Centre, London School of Economics}} It directly inspired the development of [[international human rights law]], and was the first step in the formulation of the [[International Bill of Human Rights]], which was completed in 1966 and came into force in 1976. Although [[Non-binding resolution|not legally binding]], the contents of the UDHR have been elaborated and incorporated into subsequent [[Treaty|international treaties]], regional [[human rights]] instruments, and national [[constitution]]s and legal codes.{{Cite web|title=Protection of Human Rights under Universal International Law|url=https://www.un.org/en/chronicle/article/protection-human-rights-under-universal-international-law|access-date=25 June 2021|publisher=United Nations}}{{Cite web|title=Declaration on Human Rights Defenders |url=https://www.ohchr.org/en/issues/srhrdefenders/pages/declaration.aspx|access-date=25 June 2021|publisher=Office of the United Nations High Commissioner for Human Rights}} All 193 member states of the UN have ratified at least one of the nine binding treaties influenced by the Declaration, with the vast majority ratifying four or more. While there is a wide consensus that the declaration itself is non-binding and not part of [[customary international law]], there is also a [[Consensus decision-making|consensus]] in most countries that many of its provisions are part of [[customary law]],Henry J. Steiner and Philip Alston, ''International Human Rights in Context: Law, Politics, Morals'' (2nd ed.), Oxford: [[Oxford University Press]], 2000.{{ill|Hurst Hannum|eu}}, [https://cdn2.sph.harvard.edu/wp-content/uploads/sites/13/2014/04/16-Hannum.pdf ''The universal declaration of human rights in National and International Law''] {{Webarchive|url=https://web.archive.org/web/20200103152205/https://cdn2.sph.harvard.edu/wp-content/uploads/sites/13/2014/04/16-Hannum.pdf |date=3 January 2020 }}, p. 145. although courts in some nations have been more restrictive in interpreting its legal effect.{{Cite news|last=Posner|first=Eric|date=4 December 2014|title=The case against human rights |author-link=Eric Posner|language=en-GB|work=The Guardian|url=https://www.theguardian.com/news/2014/dec/04/-sp-case-against-human-rights|access-date=22 January 2020|issn=0261-3077}}''Sosa v. Alvarez-Machain'', 542 U.S. 692, 734 (2004). Nevertheless, the UDHR has influenced legal, political, and social developments on both the global and national levels, with its significance partly evidenced by its 577 translations.{{Cite web|title=Universal Declaration of Human Rights Main|publisher=Office of the United Nations High Commissioner for Human Rights|url=https://www.ohchr.org/EN/UDHR/Pages/UDHRIndex.aspx}} == Structure and content == The underlying structure of the Universal Declaration was influenced by the ''[[Napoleonic Code|Code Napoléon]]'', including a [[preamble]] and introductory general principles.{{harvnb|Glendon|2002|pp=62–64}}. Its final structure took form in the second draft prepared by French jurist [[René Cassin]], who worked on the initial draft prepared by Canadian legal scholar [[John Peters Humphrey]]. The Universal Declaration of Human Rights consists of the following: * The preamble sets out the historical and social causes that led to the necessity of drafting the Declaration. * Articles 1–2 establish the basic concepts of dignity, liberty, and equality for all humans regardless of characteristics such as race, gender, religion, or nationality (later interpreted to include [[sexual orientation]] and disability). * Articles 3–5 establish 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 set forth the rights of the individual towards the community, including [[freedom of movement]] and [[freedom of residence|residence]] within each state, the right of [[property]], the right to a [[nationality]] and [[right to asylum]]. * Articles 18–21 sanction the "constitutional liberties" and spiritual, public, and political freedoms, such as [[freedom of thought]], [[Freedom of conscience|conscience]], [[freedom of religion|religion]], [[freedom of speech|expression]], [[freedom of the press|news media]], [[freedom of association|association]], and [[freedom of assembly|assembly]]. * Articles 22–27 sanction an individual's economic, social and cultural rights, including the [[right to work]], [[right to health|health]], [[right to housing|housing]], and [[right to education|education]]. It upholds an expansive [[right to an adequate standard of living]], and makes special mention of care given to those in motherhood or childhood. * Articles 28–30 establish the general means of exercising these rights, the areas in which the rights of the individual cannot be applied, the duty of the individual to society, and the prohibition of the use of rights in contravention of the purposes of the United Nations Organization.{{harvnb|Glendon|2002}}, Chapter 10. Cassin compared the Declaration to the [[portico]] of a Greek temple, with a foundation, steps, four columns, and a [[pediment]].{{Cite web|title=OHCHR {{!}} Universal Declaration of Human Rights at 70: 30 Articles on 30 Articles – Article 28|url=https://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=23997&LangID=E|access-date=14 September 2020|website=www.ohchr.org|language=en-US}} Articles 1 and 2—with their principles of dignity, liberty, equality and brotherhood—serve as the foundation blocks. The seven paragraphs of the preamble, setting out the reasons for the Declaration, represent the steps leading up to the temple. The main body of the Declaration forms the four columns. The first column (articles 3–11) constitutes rights of the individual, such as the right to life and the prohibition of slavery. The second column (articles 12–17) constitutes the rights of the individual in civil and political society. The third column (articles 18–21) is concerned with spiritual, public, and political freedoms, such as freedom of religion and freedom of association. The fourth column (articles 22–27) sets out social, economic, and cultural rights. The final three articles provide the "[[pediment]]" which binds the structure together, as they emphasize the mutual duties of every individual to one another and to society. [[Charles Malik]], the [[Lebanon|Lebanese]] representative on the drafting commission, pointed out the need for an article on the right or popular entitlement to "a social and international order in which the rights and freedoms set forth in this Declaration can be fully realised", which became Article 28.{{cite journal | last1=Saunders | first1=Natasha | title=Beyond asylum claims: Refugee protest, responsibility, and Article 28 of the Universal Declaration of Human Rights | journal=The International Journal of Human Rights | date=2018 | volume=22 | issue=7 | pages=847–868 | doi=10.1080/13642987.2018.1485654 | url=https://www.tandfonline.com/doi/abs/10.1080/13642987.2018.1485654 | url-access=subscription }} == History == === Background === {{Main|History of human rights}} {{Listen | title = State of the Union (Four Freedoms) (6 January 1941) | filename = FDR's 1941 State of the Union (Four Freedoms speech) Edit 1.ogg | description = [[Franklin D. Roosevelt|Franklin Delano Roosevelt]]'s 6 January 1941 [[State of the Union address]] introducing the theme of the [[Four Freedoms]] (starting at 32:02) | image = [[File:FDR in 1933.jpg|100px|frameless]] }} [[File:"Freedom from Fear" - NARA - 513538.jpg|thumb|upright=0.85|''[[Freedom from Fear (painting)|Freedom from Fear]]'' (Saturday, March 13, 1943)–from the ''Four Freedoms'' series by [[Norman Rockwell]]. The freedom from fear is mentioned in the preamble of the Declaration.United Nations, [https://www.un.org/en/about-us/universal-declaration-of-human-rights ''Universal Declarations of Human Rights''].]] During [[World War II]], the [[Allies of World War II|Allies]]—known [[Declaration by United Nations|formally as the United Nations]]—adopted as their basic war aims the [[Four Freedoms]]: [[freedom of speech]], [[freedom of religion]], [[freedom from want]], and [[freedom from fear]].{{cite web|url=http://voicesofdemocracy.umd.edu/fdr-the-four-freedoms-speech-text/ |title=FDR, "The Four Freedoms", Speech Text | |publisher=Voicesofdemocracy.umd.edu |date=6 January 1941 |access-date=25 April 2018}}Bodnar, John, The "Good War" in American Memory. (Maryland: [[Johns Hopkins University Press]], 2010) 11. Towards the end of the war, the [[United Nations Charter]] was debated, drafted, and ratified to reaffirm "faith in [[Human rights|fundamental human rights]], and dignity and worth of the human person" and commit 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".{{cite web |url = https://www.un.org/en/documents/charter/chapter9.shtml |title = United Nations Charter, preamble and article 55 |publisher=United Nations |access-date=20 April 2013}} When the atrocities committed by [[Nazi Germany]] became fully apparent after the war, the consensus within the world community was that the [[United Nations|UN]] Charter did not sufficiently define the rights to which it referred.[http://www.udhr.org/history/overview.htm#Cataclysm%20and%20World%20Response Cataclysm and World Response] {{Webarchive|url=https://web.archive.org/web/20130120045717/http://www.udhr.org/history/overview.htm#Cataclysm%20and%20World%20Response |date=20 January 2013 }} in [http://www.udhr.org/history/overview.htm Drafting and Adoption: The Universal Declaration of Human Rights] {{Webarchive|url=https://web.archive.org/web/20130120045717/http://www.udhr.org/history/overview.htm |date=20 January 2013 }}, [http://www.udhr.org udhr.org].{{cite web |url=http://www.udhr.org/Introduction/question4.htm |title=UDHR50: Didn't Nazi tyranny end all hope for protecting human rights in the modern world? |publisher=Udhr.org |date=28 August 1998 |access-date=7 July 2012 |archive-url=https://archive.today/20120525091118/http://www.udhr.org/history/overview.htm |archive-date=25 May 2012 |url-status=dead }} It was deemed necessary to create a universal declaration that specified the rights of individuals so as to give effect to the Charter's provisions on [[human rights]].{{cite web |url=http://www.universalrights.net/main/creation.htm |title=UDHR – History of human rights |publisher=Universalrights.net |access-date=7 July 2012}} === The drafting committee === In June 1946, the [[UN Economic and Social Council|Economic and Social Council]] (ECOSOC)—a [[Organs of the United Nations|principal organ]] of the newly founded United Nations that is responsible for promoting human rights, created the [[United Nations Commission on Human Rights|Commission on Human Rights]] (CHR)—a standing body within the United Nations that was tasked with preparing what was initially conceived as an [[International Bill of Rights]].{{harvnb|Morsink|1999|p=[https://books.google.com/books?id=w8OapwltI3YC&pg=PA4 4]}}. It had 18 members from various national, religious, and political backgrounds, so as to be representative of humanity.{{Cite web |date=6 October 2015 |title=History of the Document |url=https://www.un.org/en/sections/universal-declaration/history-document/index.html |archive-url=https://web.archive.org/web/20180219021155/https://www.un.org/en/sections/universal-declaration/history-document/index.html |archive-date=19 February 2018 |access-date=13 September 2020 |website=United Nations |language=en}} In February 1947, the Commission established a special [[Universal Declaration of Human Rights Drafting Committee]], chaired by [[Eleanor Roosevelt]] of the United States, to write the articles of the Declaration. Roosevelt, in her position, was key to the U.S. effort to encourage the General Assembly's adoption of a Universal Declaration of Human Rights.{{Cite web |title=Eleanor Roosevelt and the United Nations |url=https://live-bri-dos.pantheonsite.io/essays/eleanor-roosevelt-and-the-united-nations/ |access-date=2022-04-22 |website=Bill of Rights Institute |language=en}} The Committee met in two sessions over the course of two years.{{Cite book |last=Sun |first=Pinghua |url=https://books.google.com/books?id=XoBSDwAAQBAJ&dq=UDHR+Drafting+Committee+sessions+2+years&pg=PA31 |title=Historic Achievement of a Common Standard: Pengchun Chang and the Universal Declaration of Human Rights |date=2018-03-20 |publisher=Springer |isbn=978-981-10-8370-9 |language=en}} Canadian [[John Peters Humphrey]], the newly appointed Director of the Division of Human Rights within the United Nations Secretariat, was called upon by the [[United Nations Secretary-General|UN Secretary-General]] to work on the project, becoming the Declaration's principal drafter.{{harvnb |Morsink |1999 |p=[https://books.google.com/books?id=w8OapwltI3YC&pg=PA5 5]}}.{{harvnb |Morsink |1999 |p=[https://books.google.com/books?id=w8OapwltI3YC&pg=PA133 133]}}. Other prominent members of the Drafting Committee included Vice-Chairman [[P. C. Chang|P.C. Chang]] of the [[Republic of China (1912-1949)|Republic of China]], [[René Cassin]] of France; and its Committee Rapporteur [[Charles Malik]] of [[Lebanon]].The Declaration was drafted during the [[Chinese Civil War]]. P.C. Chang was appointed as a representative by the [[Republic of China (1912–1949)|Republic of China]], then the recognised government of China, but which was driven from [[mainland China]] and now administers only [[Taiwan]] and nearby islands ([http://www.history.com/this-day-in-history/chinese-nationalists-move-capital-to-taiwan history.com]). A month after its creation, the Drafting Committee was expanded to include representatives of [[Australia]], [[Chile]], [[France]], the [[Soviet Union]], and the [[United Kingdom]], in addition to the inaugural members from [[Republic of China (1912–1949)|China]], [[France]], [[Lebanon]], and the [[United States]]. === Creation and drafting === {{Main|Drafting of the Universal Declaration of Human Rights}} Humphrey is credited with devising the "blueprint" for the Declaration, while Cassin composed the first draft.{{Cite web|date=6 October 2015|title=History of the Document|url=https://www.unsecretariat.net/en/sections/universal-declaration/history-document/index.html|access-date=5 April 2022|website=www.unsecretariat.net|language=en}}{{dead link|date=December 2024|bot=medic}}{{cbignore|bot=medic}} Both received considerable input from other members, each of whom reflected different professional and ideological backgrounds. The Declaration's pro-family phrases allegedly derived from Cassin and Malik, who were influenced by the [[Christian Democratic|Christian Democracy movement]];[[Allan C. Carlson|Carlson, Allan]]: [http://www.profam.org/docs/acc/thc.acc.globalizing.040112.htm Globalizing Family Values] {{Webarchive|url=https://web.archive.org/web/20160304085343/http://profam.org/docs/acc/thc.acc.globalizing.040112.htm |date=4 March 2016 }}, 12 January 2004. Malik, a Christian theologian, was known for appealing across religious lines; he cited the [[Summa Theologica]] of [[Thomas Aquinas]], and studied the different Christian sects.{{Cite web|last=Voinea|first=Nicoleta|title=Drafting of the Universal Declaration of Human Rights|url=https://research.un.org/en/undhr/draftingcommittee|access-date=13 September 2020|website=research.un.org}} Chang urged removing all references to religion to make the document more universal, and used aspects of Confucianism to settle stalemates in negotiations.Sumner Twiss, "[http://courses.nus.edu.sg/course/ellbaozm/Papers/Rosemont.pdf#page=68 Confucian Ethics, Concept-Clusters, and Human Rights"] {{Webarchive|url=https://web.archive.org/web/20201010074339/http://courses.nus.edu.sg/course/ellbaozm/Papers/Rosemont.pdf#page=68 |date=10 October 2020 }} in Henry Rosemont, Marthe Chandler and Ronnie Littlejohn. ''Polishing the Chinese Mirror : Essays in Honor of Henry Rosemont, Jr.'' (New York: Global Scholarly Publications, Acpa Series of Chinese and Comparative Philosophy, 2008). {{ISBN|9781592670833}} p. 60-65. [[Hernán Santa Cruz]] of Chile, an educator and judge, strongly supported the inclusion of [[socioeconomic]] rights, which had been opposed by some Western nations. The members agreed that the philosophical debate centered between the opposing opinions of Chang and Malik, with Malik later singling out Chang when thanking the members, saying that there were too many to mention, but Chang's ideas impacted his own opinions in the making of the draft.{{Cite web|url=https://thenaturalfamily.org/wp-content/uploads/2021/03/TNF-2018-32.3-4.pdf|title=Natural-The Natural Family}}A. J. Hobbins, ed., On the Edge of Greatness: The Diaries of John Humphrey, First Director of the United Nations Division of Human Rights (Montreal: McGill University Press, 1984), 1:174.{{Cite book|last=Roth|first=Hans Ingvar|title=P. C. Chang and the Universal Declaration of Human Rights|url=https://books.google.com/books?id=NM9tDwAAQBAJ&dq=chang+vs+malik&pg=PA177|page=177|publisher=University of Pennsylvania Press|date=September 2018|isbn=9780812295474}} In her memoirs, Roosevelt commented on the debates and discussions that informed the UDHR, describing one such exchange during the Drafting Committee's first session in June 1947:
Dr. Chang was a [[Pluralism (political philosophy)|pluralist]] and held forth in charming fashion on the proposition that there is more than one kind of ultimate reality. The Declaration, he said, should reflect more than simply Western ideas and Dr. Humphrey would have to be eclectic in his approach. His remark, though addressed to Dr. Humphrey, was really directed at Dr. Malik, from whom it drew a prompt retort as he expounded at some length the philosophy of Thomas Aquinas. Dr. Humphrey joined enthusiastically in the discussion, and I remember that at one point Dr. Chang suggested that the Secretariat might well spend a few months studying the fundamentals of [[Confucianism]]!In May 1948, roughly a year after its creation, the Drafting Committee held its second and final session, where it considered the comments and suggestions of member states and international bodies, principally the United Nations Conference on Freedom of Information, which took place the prior March and April; the Commission on the Status of Women, a body within ECOSOC that reported on the state of [[women's rights]] worldwide; and the Ninth International Conference of American States, held in Bogota, Colombia from March to May 1948, which adopted the South American-based [[American Declaration of the Rights and Duties of Man]], the world's first general [[International human rights instruments|international human rights instrument]].{{Cite web |last=Voinea |first=Nicoleta |title=Second Session – Universal Declaration of Human Rights (1948), Drafting History |url=https://research.un.org/en/undhr/draftingcommittee/2 |access-date=13 September 2020 |website=UN Research Guides}} Delegates and consultants from several United Nations bodies, international organizations, and nongovernmental organizations also attended and submitted suggestions.{{Cite web|title=E/CN.4/95 |date=21 May 1948 |url=http://undocs.org/E/CN.4/95|access-date=13 September 2020|website=undocs.org }} It was also hoped that an International Bill of Human Rights with legal force could be drafted and submitted for adoption alongside the Declaration. === The final draft === Upon the session's conclusion on 21 May 1948, the Committee submitted to the Commission on Human Rights a redrafted text of the "International Declaration of Human Rights" and the "International Covenant of Human Rights", which together would form an International Bill of Rights. The redrafted Declaration was further examined and discussed by the Commission on Human Rights in its third session in Geneva 21 May through 18 June 1948.{{Cite web |last=Voinea |first=Nicoleta |title=Third Session – Universal Declaration of Human Rights (1948), Drafting History |url=https://research.un.org/en/undhr/chr/3 |access-date=13 September 2020 |website=UN Research Guides}} The so-called "Geneva text" was circulated among member states and subject to several proposed amendments; for example, [[Hansa Jivraj Mehta|Hansa Mehta]] of India notably suggested that the Declaration assert that "all human beings are created equal", instead of "all men are created equal", to better reflect gender equality.Jain, Devaki (2005). ''Women, Development and the UN''. Bloomington: [[Indiana University Press]]. p. 20. [[Charles Theodore Te Water]] of South Africa fought very hard to have the word dignity removed from the declaration, saying that "dignity had no universal standard and that it was not a 'right'".{{sfn|Holkebeer|2004|p=163}} Te Water believed—correctly, as it turned out—that listing human dignity as a human right would lead to criticism of the ''apartheid'' system that had just been introduced by the new National Party government of South Africa.{{sfn|Holkebeer|2004|p=163}} Malik in response stated that Prime Minister [[Jan Smuts]] of South Africa had played an important role in drafting the United Nations Charter in 1945, and it was Smuts who inserted the word dignity as a human right into the charter.{{sfn|Holkebeer|2004|p=163}} Despite te Water's efforts, the word dignity was included in the declaration as a human right.{{sfn|Holkebeer|2004|p=163}} === Approval === With a vote of twelve in favour, none opposed, and four abstaining, the United Nations Commission on Human Rights, with [[Eleanor Roosevelt]] in the chair, approved the proposed Declaration on 18 June 1948, although it was unable to examine the contents and implementation of the proposed Covenant.{{Cite web|title=E/CN.4/SR.81 – E – E/CN.4/SR.81|url=http://undocs.org/en/E/CN.4/SR.81|access-date=13 September 2020|website=undocs.org}} The Commission forwarded the approved text of the Declaration, as well as the Covenant, to the [[United Nations Economic and Social Council|Economic and Social Council]] for its review and approval during its seventh session in July and August 1948.{{Cite web|last=Voinea|first=Nicoleta|title=Drafting of the Universal Declaration of Human Rights|url=https://research.un.org/en/undhr/ecosoc/7|access-date=13 September 2020|website=research.un.org}} The Council adopted Resolution 151(VII) of 26 August 1948, transmitting the draft International Declaration of Human Rights to the UN General Assembly. The Third Committee of the [[United Nations General Assembly|General Assembly]], which convened from 30 September to 7 December 1948 during the [[third session of the United Nations General Assembly]], held 81 meetings concerning the draft Declaration, including debating and resolving 168 proposals for amendments by United Nations member states.{{Cite web|last=Voinea|first=Nicoleta|title=Drafting of the Universal Declaration of Human Rights|url=https://research.un.org/en/undhr/ga/thirdcommittee|access-date=13 September 2020|website=research.un.org}}{{Cite web|url = http://research.un.org/en/undhr|title = Drafting of the Universal Declaration of Human Rights|access-date = 17 April 2015|website = Research Guides|publisher = United Nations. Dag Hammarskjöld Library}} On its 178th meeting on 6 December, the Third Committee adopted the Declaration with 29 votes in favour, none opposed and seven abstentions. The document was subsequently submitted to the wider General Assembly for its consideration on 9 and 10 December 1948. === Adoption === The Universal Declaration was adopted by the [[United Nations General Assembly|General Assembly]] as [[United Nations General Assembly Resolution 217|UN Resolution A/RES/217(III)[A]]] on 10 December 1948 in the [[Palais de Chaillot]], Paris.{{Cite web |url= https://www.parisdigest.com/monument/palais-de-chaillot.htm|title= Palais de Chaillot. Chaillot museums. | year=2018 |publisher=Paris Digest |access-date=31 December 2018}}United Nations headquarters in New York [[Headquarters of the United Nations|would not be complete until 1952]], after which it became the permanent seat of the General Assembly. Of the 58 United Nations members at the time,{{Cite web|url=https://www.un.org/en/sections/member-states/growth-united-nations-membership-1945-present/index.html|title=Growth in United Nations membership, 1945–present|website=United Nations|language=en|access-date=1 February 2018}} 48 voted in favour, none against, eight [[abstentions|abstained]],{{cite web |url = http://www.unac.org/rights/question.html |archive-url = https://web.archive.org/web/20120912162219/http://www.unac.org/rights/question.html |archive-date=12 September 2012 |title=Questions and answers about the Universal Declaration of Human Rights |author=UNAC |publisher=United Nations Association in Canada (UNAC) |page=Who are the signatories of the Declaration?}} and [[Honduras]] and [[Yemen]] failed to vote or abstain.{{cite web |url=http://www.tagesspiegel.de/politik/international/menschenrechte-die-maechtigste-idee-der-welt/1392182.html |title=Menschenrechte: Die mächtigste Idee der Welt |access-date=12 July 2013 |first=Jost |last=Müller-Neuhof |date=10 December 2008 |work=Der Tagesspiegel |language=de}} Eleanor Roosevelt is credited with having been instrumental in mustering support for the Declaration's adoption, both in her native U.S. and across the world, owing to her ability to appeal to different and often opposing political blocs.{{Cite web|date=5 December 2018|title=70 Years of Impact: Insights on the Universal Declaration of Human Rights|url=https://unfoundation.org/blog/post/70-years-of-impact-insights-on-the-universal-declaration-of-human-rights/|access-date=13 September 2020|website=unfoundation.org|language=en-US}} The meeting record provides firsthand insight into the debate on the Declaration's adoption.{{cite web |url = http://www.un.org/en/ga/search/view_doc.asp?symbol=A/PV.183 |title=default |access-date=30 August 2017 |author=United Nations}} [[South Africa]]'s position can be seen as an attempt to protect [[Apartheid in South Africa|its system of apartheid]], which clearly violated several articles in the Declaration. [[Saudi Arabia]]'s abstention was prompted primarily by two of the Declaration's articles: [[Freedom of religion|Article 18]], which states that everyone has the right "to change his religion or belief", and Article 16, on equal marriage rights. The abstentions by the six communist nations were explained by their claim that the Declaration did not go far enough in condemning fascism and national-socialism.{{cite web |url = http://ccnmtl.columbia.edu/projects/mmt/udhr/udhr_general/drafting_history_10.html|access-date=25 February 2015 |title=The Universal Declaration of Human Rights: Drafting History – 10. Plenary Session of the Third General Assembly Session |first=Peter|last=Danchin}} However, [[Eleanor Roosevelt]] felt that the reason for the abstentions was Article 13, which provided the [[expatriation|right of citizens to leave their countries]].{{harvnb |Glendon |2002 |pp=169–170}}. Other observers pin the Soviet bloc's opposition to the Declaration's "[[negative and positive rights|negative rights]]", such as provisions calling on governments not to violate certain civil and political rights. The [[British government|British]] delegation, while voting in favour of the Declaration, expressed frustration that the proposed document had moral obligations but lacked legal force;{{cite book|url=http://www.bl.uk/collection-items/universal-declaration-of-human-rights|title=Universal Declaration of Human Rights. Final authorized text|date=September 1952|publisher=The British Library|access-date=16 August 2015|archive-date=10 September 2015|archive-url=https://web.archive.org/web/20150910234546/http://www.bl.uk/collection-items/universal-declaration-of-human-rights|url-status=dead}} it would not be until 1976 that the [[International Covenant on Civil and Political Rights]] came into force, giving a legal status to most of the Declaration. [[File:Universal declaration of human rights voters.svg|thumb|Voting in the plenary session:
What needs to be pointed out to those who uphold the Universal Declaration of Human Rights to be the highest, or sole, model, of a charter of equality and liberty for all human beings, is that given the Western origin and orientation of this Declaration, the "universality" of the assumptions on which it is based is—at the very least—problematic and subject to questioning. Furthermore, the alleged incompatibility between the concept of human rights and religion in general, or particular religions such as Islam, needs to be examined in an unbiased way.{{cite web |url = http://www.religiousconsultation.org/hassan2.htm |archive-url=https://web.archive.org/web/20121015083948/http://www.religiousconsultation.org/hassan2.htm |archive-date=2012-10-15 |title=Are Human Rights Compatible with Islam? |publisher=religiousconsultation.org |access-date=2012-11-12 }}[[Faisal Kutty]], a Muslim Canadian human rights activist, opines that a "strong argument can be made that the current formulation of international human rights constitutes a cultural structure in which western society finds itself easily at home [...]. It is important to acknowledge and appreciate that other societies may have equally valid alternative conceptions of human rights."{{cite book |url = http://trove.nla.gov.au/work/6294545?versionId=7270568 |chapter=Non-Western Societies Have Influenced Human Rights |editor-first=Jacqueline |editor-last=Langwith |title=Opposing Viewpoints: Human Rights |publisher=Gale/Greenhaven Press |location=Chicago |year=2007}} Irene Oh, director of the peace studies programme at [[Georgetown University]], has argued that Muslim reservations towards some provisions of the UDHR, and the broader debate about the document's secular and Western bias, could be resolved through mutual dialogue grounded in [[Descriptive ethics|comparative descriptive ethics]].{{cite book|title=The Rights of God|url=http://press.georgetown.edu/book/georgetown/rights-god|publisher=[[Georgetown University Press]] |year=2007}} === "The Right to Refuse to Kill" === Groups such as [[Amnesty International]][https://www.amnesty.org/en/library/info/EUR01/004/1997/en "Out of the margins: the right to conscientious objection to military service in Europe: An announcement of Amnesty International's forthcoming campaign and briefing for the United Nations Commission on Human Rights"], 31 March 1997. Amnesty International. and [[War Resisters International]][http://www.wri-irg.org/books/co-guide-un.htm "A Conscientious Objector's Guide to the UN Human Rights System"], Parts 1, 2 & 3, Background Information on International Law for COs, Standards which recognise the right to conscientious objection, War Resisters' International. have advocated for "The Right to Refuse to Kill" to be added to the Universal Declaration, as has [[Seán MacBride]], a former Assistant [[Secretary-General of the United Nations]] and [[Nobel Peace Prize]] laureate.[[Seán MacBride]], [http://nobelprize.org/nobel_prizes/peace/laureates/1974/macbride-lecture.html "The Imperatives of Survival"], Nobel Lecture, 12 December 1974, [https://www.nobelprize.org/index.html The Nobel Foundation] – Official website of the [[Nobel Foundation]]. (English index page; hyperlink to Swedish site.) From [https://www.nobelprize.org/nobel_organizations/nobelfoundation/publications/lectures/peace.html Nobel Lectures in Peace] 1971–1980. War Resisters International has stated that the right to [[Conscientious objector|conscientious objection]] to military service is primarily derived from Article 18 of the UDHR, which preserves the right to freedom of thought, conscience, and religion. Some [[Conscientious objector#Universal Declaration of Human Rights|steps have been taken within the UN]] to make the right more explicit, with the Human Rights Council repeatedly affirming that Article 18 enshrines "the right of everyone to have conscientious objection to military service as a legitimate exercise of the right to freedom of thought, conscience and religion".{{Cite web|title=Conscientious objection to military service|url=https://www.ohchr.org/EN/Issues/RuleOfLaw/Pages/ConscientiousObjection.aspx|access-date=20 August 2020|publisher=Office of the United Nations High Commissioner for Human Rights}}{{Cite web|title=Human Rights Documents|url=https://ap.ohchr.org/documents/dpage_e.aspx?si=A/HRC/RES/24/17|access-date=20 August 2020|publisher=Office of the United Nations High Commissioner for Human Rights}} === American Anthropological Association === The [[American Anthropological Association]] criticized the UDHR during its drafting process, warning that its definition of universal rights reflected a [[Western Culture|Western]] paradigm that was unfair to non-Western nations. They further argued that the West's history of [[colonialism]] and [[evangelism]] made them a problematic moral representative for the rest of the world. They proposed three notes for consideration with underlying themes of [[cultural relativism]]: # The individual realizes his personality through his culture, hence respect for individual differences entails a respect for cultural differences. # Respect for differences between cultures is validated by the scientific fact that no technique of qualitatively evaluating cultures has been discovered. # Standards and values are relative to the culture from which they derive so that any attempt to formulate postulates that grow out of the beliefs or moral codes of one culture must to that extent detract from the applicability of any Declaration of Human Rights to mankind as a whole.{{cite web |url=http://franke.uchicago.edu/aaa1947.pdf |title=Statement on Human Rights |publisher=University of Chicago |access-date=30 October 2015 |archive-date=22 March 2020 |archive-url=https://web.archive.org/web/20200322142127/http://franke.uchicago.edu/aaa1947.pdf |url-status=dead }} This stance has gradually been abandoned by most anthropologists, many of whom today see universal human rights as an important way through which discrimination and oppression of cultural minorities can be reduced.{{cite journal | doi=10.1353/hrq.2001.0034 | title=From Skepticism to Embrace: Human Rights and the American Anthropological Association from 1947-1999 | date=2001 | last1=Engle | first1=Karen | journal=Human Rights Quarterly | volume=23 | issue=3 | pages=536–559 |ssrn=2166945}} === Bangkok Declaration === During the lead-up to the [[World Conference on Human Rights]] that was held in 1993, ministers from several Asian states{{who|date=August 2025}} adopted the Bangkok Declaration, which reaffirms their governments' commitment to the principles of the United Nations Charter and the Universal Declaration of Human Rights. They stated their belief that human rights are interdependent and indivisible, and stressed the need for universality, [[objectivity (philosophy)|objectivity]], and non-selectivity of human rights. However, at the same time, they emphasized the principles of [[sovereignty]] and non-interference, calling for greater emphasis upon economic, social, and cultural rights, and in particular, the right to economic development by establishing international collaboration directives between the signatories. The Bangkok Declaration is considered to be a landmark expression of [[Asian values]] with respect to human rights, which offers an extended critique of human rights [[moral universalism|universalism]].{{cite web |url=http://law.hku.hk/lawgovtsociety/Bangkok%20Declaration.htm|archive-url=https://web.archive.org/web/20041124184022/http://law.hku.hk/lawgovtsociety/Bangkok%20Declaration.htm|archive-date=24 November 2004 |title=Final Declaration of the Regional Meeting For Asia Of The World Conference On Human Rights |publisher=Faculty of Law, University of Hong Kong |access-date=7 July 2012}}{{Primary source inline|date=August 2025}} == See also == {{Portal|Politics|Freedom of speech}} * [[History of human rights]] === Non-binding agreements === * [[Racial Equality Proposal]] (1919) * [[Cairo Declaration on Human Rights in Islam]] (1990) * [[Vienna Declaration and Programme of Action]] (1993) * [[United Nations Millennium Declaration]] (2000) * [[Yogyakarta Principles]] (2006) === International human rights law === * [[Fourth Geneva Convention]] (1949) * [[European Convention on Human Rights]] (1952) * [[Convention Relating to the Status of Refugees]] (1951) * [[Convention on the Elimination of All Forms of Racial Discrimination]] (1969) * [[International Covenant on Civil and Political Rights]] (1976) * [[International Covenant on Economic, Social and Cultural Rights]] (1976) * [[Convention on the Elimination of All Forms of Discrimination Against Women]] (1981) * [[Convention on the Rights of the Child]] (1990) * [[Charter of Fundamental Rights of the European Union]] (2000) * [[Convention on the Rights of Persons with Disabilities]] (2007) === Other === * [[Human trafficking]] * [[Slavery in international law]] * [[Slave Trade Act]]s * [[LGBT rights]] * [[Declaration on Great Apes]], an as-yet unsuccessful effort to extend some human rights to other [[Hominidae|great apes]] * [[United Nations Prize in the Field of Human Rights]] * [[Consent of the governed]] * [[The Farewell Sermon]] (632 [[Common Era|CE]]) * [[Right to education]] * [[Right to Internet access]] == Notes == {{reflist|group=lower-alpha}} == References == {{Reflist}} === Bibliography === {{refbegin|30em}} * {{cite book |last=Brown |first=Gordon |author-link=Gordon Brown |title=The Universal Declaration of Human Rights in the 21st Century: A Living Document in a Changing World |url = http://www.openbookpublishers.com/product/467/the-universal-declaration-of-human-rights-in-the-21st-century |year=2016 |publisher=Open Book Publishers |isbn = 978-1783742189 }} * {{cite book |last=Glendon |first=Mary Ann |author-link=Mary Ann Glendon |title=A world made new: Eleanor Roosevelt and the Universal Declaration of Human Rights |url = https://books.google.com/books?id=2-vaZkbca2sC |year=2002 |publisher=Random House |isbn = 978-0375760464 }} * {{cite book |last=Hashmi |first=Sohail H. |title=Islamic political ethics: civil society, pluralism, and conflict |url = https://books.google.com/books?id=5LmXFpnp_bMC |year=2002 |publisher=[[Princeton University Press]] |isbn = 978-0691113104 }} * {{cite book|last=Holkebeer|first=Mieke|chapter=Out of the Crooked Timber of Humanity: Humanising Rights in South Africa|pages=149–165|title=To Repair the Irreparable Reparation and Reconstruction in South Africa|editor1=Erik Doxtader|editor2-link=Charles Villa-Vicencio|editor1-link=Erik Doxtader|editor2=Charles Villa-Vicencio|date=2004|publisher=David Philip Publishers|location=Cape Town|isbn=978-0864866189}} * {{cite book |last=Morsink |first=Johannes |title=The Universal Declaration of Human Rights: origins, drafting, and intent |url = https://books.google.com/books?id=w8OapwltI3YC |year=1999 |publisher=[[University of Pennsylvania Press]] |isbn = 978-0812217476 }} * {{cite book |last=Price |first=Daniel E. |title=Islamic political culture, democracy, and human rights: a comparative study |url = https://books.google.com/books?id=YgF58rl4tCkC |year=1999 |publisher=[[Greenwood Publishing Group]] |isbn = 978-0275961879 }} * {{cite book |last=Williams |first=Paul |others=United Nations General Assembly |title=The International bill of human rights |url = https://archive.org/details/internationalbil00will |url-access=registration |year=1981 |publisher=Entwhistle Books |isbn = 978-0934558075 }} {{refend}} == Further reading == {{refbegin|30em}} * {{cite journal|doi=10.2202/1145-6396.1172|title=Hayek's Critique of the Universal Declaration of Human Rights|journal=Journal des Économistes et des Études Humaines|volume=9|issue=4|date=December 1999|last1=Feldman|first1=Jean-Philippe}} * Nurser, John. "For All Peoples and All Nations. Christian Churches and Human Rights.". (Geneva: WCC Publications, 2005). * [http://www.columbia.edu/ccnmtl/projects/mmt/udhr/index.html Universal Declaration of Human Rights pages at Columbia University (Centre for the Study of Human Rights), including article by article commentary, video interviews, discussion of meaning, drafting and history.] * [http://legal.un.org/avl/ha/udhr/udhr.html Introductory note] by [[Antônio Augusto Cançado Trindade]] and [http://legal.un.org/avl/ha/udhr/udhr.html procedural history] on the Universal Declaration of Human Rights in the [http://legal.un.org/avl/historicarchives.html Historic Archives of the United Nations Audiovisual Library of International Law] {{refend}} == External links == {{Wikiquote}} {{Commons category|Universal Declaration of Human Rights}} {{Wikiversity|Assessing Human Rights}} {{Wikisource}} * [https://www.un.org/en/about-us/universal-declaration-of-human-rights Text of the UDHR] * [http://www.ohchr.org/en/udhr/pages/introduction.aspx Official translations of the UDHR] * [http://libraryresources.unog.ch/udhr Resource Guide on the Universal Declaration of Human Rights] at the UN Library, Geneva. * [http://research.un.org/en/undhr Drafting of the Universal Declaration of Human Rights] – documents and meetings records – United Nations Dag Hammarskjöld Library * [https://www.researchgate.net/publication/374752897_Making_the_Universal_Declaration Making the Universal Declaration] At the 75th anniversary, 2023 * [https://web.archive.org/web/20120912162219/http://www.unac.org/rights/question.html Questions and answers about the Universal Declaration] * [https://www.americanrhetoric.com/speeches/eleanorrooseveltdeclarationhumanrights.htm Text, Audio, and Video excerpt of Eleanor Roosevelt's Address to the United Nations on the Universal Declaration of Human Rights] * [http://www.universalrights.net/main/educat.htm UDHR – Education] * [https://www.unicode.org/udhr/ UDHR in Unicode] * [http://www.envio.org.ni/articulo/1349 Revista Envío – A Declaration of Human Rights For the 21st Century] {{Webarchive|url=https://web.archive.org/web/20070706125927/http://www.envio.org.ni/articulo/1349 |date=6 July 2007 }} * [http://legal.un.org/avl/ha/udhr/udhr.html Introductory note] by [[Antônio Augusto Cançado Trindade]] and [http://legal.un.org/avl/ha/udhr/udhr.html procedural history note] on the Universal Declaration of Human Rights in the [http://legal.un.org/avl/historicarchives.html Historic Archives of the United Nations Audiovisual Library of International Law] * [http://blogs.loc.gov/law/2012/12/the-laws-of-burgos-500-years-of-human-rights/ The Laws of Burgos: 500 Years of Human Rights] from the [[Law Library of Congress]] blog. === Audiovisual materials === * [https://udhr.audio/ UDHR Audio/Video Project] (recordings in 500+ languages by native speakers) * [https://librivox.org/group/512 ''Universal Declaration of Human Rights''] recorded in multiple languages at [[LibriVox]] (public domain audiobooks) * [https://www.americanrhetoric.com/speeches/eleanorrooseveltdeclarationhumanrights.htm Text, Audio, and Video excerpt of Eleanor Roosevelt's Address to the United Nations on the Universal Declaration of Human Rights] at AmericanRhetoric.com * [https://www.youtube.com/watch?v=epVZrYbDVis Animated presentation of the Universal Declaration of Human Rights] by [[Amnesty International]] on YouTube (in English duration 20 minutes and 23 seconds). * [https://web.archive.org/web/20080910145004/http://webcast.un.org/ramgen/ondemand/legal/audio/humanrights/dr_charles_malik-human_rights_06_nov_48.rm Audio: Statement by Charles Malik as Representative of Lebanon to the Third Committee of the UN General Assembly on the Universal Declaration, 6 November 1948] * [http://www.columbia.edu/ccnmtl/projects/mmt/udhr/ramfiles/udhr_045.ram UN Department of Public Information introduction to the drafters of the Declaration] * [http://legal.un.org/avl/ha/udhr/udhr_video.html Audiovisual material] on the Universal Declaration of Human Rights in the [http://legal.un.org/avl/historicarchives.html Historic Archives of the United Nations Audiovisual Library of International Law] {{International human rights legal instruments}} {{United Nations}} {{Human rights}} {{Eleanor Roosevelt}} {{Portal bar|Politics|Law}} {{Authority control}} [[Category:1948 documents]] [[Category:1948 in Paris]] [[Category:1948 in law]] [[Category:1948 in the United Nations]] [[Category:December 1948]] [[Category:Global ethics]] [[Category:History of human rights]] [[Category:Human rights instruments]] [[Category:United Nations General Assembly resolutions]] [[Category:Proclamations]]