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International

Human Rights Law:Prospects & Challenges

Week 1, Lecture 3:

The United Nations & the Universal

Declaration of Human Rights

Lecture Overview Human rights & the U.N. Charter

The drafting and adoption of the UniversalDeclaration of Human Rights (UDHR)

The content of the UDHR:

What are the rationales for HRs in the preamble?

Which rights and freedoms are protected?

Can States restrict protected rights & freedoms?

Human rights & the U.N. Charter

The United Nations (U.N.) created atthe end of the Second World War.

At the time, some smaller States wanted

to add an international bill of rights tothe U.N. Charter.

Charter did not include such a bill, but itdoes contain general references to HRs.

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Human rights & the U.N. Charter

One of the purposes of the U.N. ispromoting and encouraging respect forhuman rights and fundamental freedomsfor all. U.N. Charter, Article 1(3)

U.N. member States pledge to take jointand separate action to promote universal respect for, and observance of,human rights and fundamental freedomsfor all. Articles 55 & 56

The drafting and adoptionof the Universal Declaration

A new U.N. body the U.N. HumanRights Commission began work onan international bill of rights in 1946.

The Commission decided to prepareanonbindingdeclaration of rightswhile working on a legally bindinginternational agreement.

The drafting and adoptionof the Universal Declaration

UDHR adopted by the U.N. GeneralAssembly on December 10, 1948.

48 States voted in favor; no Stateopposed; and 8 States abstained.

In favor: 14 European & other Westernnations; 19 States from Latin America;and 15 from Africa and Asia.

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Content of the UDHR

A preamble Thirty substantive articles:

civil and political rights

economic, social and cultural rights

duties and Limitations

Major themes: dignity liberty, equality andbrotherhood.

Review the UDHR before continuing:http://www.un.org/en/documents/udhr/

Ren Cassins

portico of the UDHR

reproduced in: Mary Ann Glendon,

A World Made New: Eleanor

Roosevelt and the Universal

Declaration of Human Rights(2002)

The Preamble of the UDHR

Analysis of the justifications and

objectives in the Preamble

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UDHR: Civil &Political Rights

life, liberty & personal security

freedom from slavery &servitude

freedom from arbitrary arrest &detention

freedom from torture &degrading treatment

equality under the law

fair criminal process

freedom of thought,conscience & religion

freedom of expression &association

freedom of movement

privacy

marriage & family

property

universal suffrage & elections

UDHR: Economic, Social& Cultural Rights

work and leisure

to form & join trade unions

social security

a standard of living

adequate for health and

well-being, including food,

clothing, housing and

medical care

education, including free

primary education

to share in scientific

advancement & its benefits

protection of scientific,

literary & artistic

productions

UDHR Article 29:Duties and Limitations

1. Everyone has duties to the community.

2. In the exercise of his rights and freedoms,everyone shall be subject only to such

limitations as are determined by law solely forthe purpose of securing due recognition andrespect for the rights and freedoms of othersand of meeting the just requirements ofmorality, public order and the general welfarein a democratic society.

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For additional information

BBC News,

World Marks UN Human

Rights Day

United For Human Rights,

30 videos on each of the

articles in the UDHR.

.