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The Universal Declaration of Human Rights Essay

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Before discussing any phenomenon or event, it is of crucial importance to identify the major factors, which contributed to it. The Universal Declaration of Human Rights should be analyzed within the context of the political, cultural, and religious situation, emerging in the middle of the twentieth century. As it is widely known, this act was adopted in 1948. According to this document, every person (or it would be better to say human beings) must be entitled to certain rights, which cannot take away from him or her (Weiss, 14).

At first glance, it may seem that this act should have been readily accepted by every nation; however, one should take into account that the Declaration of Human Rights was not received unanimously by all nations. For instance, representatives of some Islamic countries subjected it to heavy criticism. They stated that religious and cultural traditions were overlooked in this document (Ramcharan, 43).

The question arises of what prompted the United Nations Organization to develop and adopt this act. It stands to reason that first of all this declaration was the natural response to the events of World War II (genocide, violations of Genève convention, atomic explosion), which had proved that human rights could be easily violated even in the most developed countries. In addition to that, it became apparent that the international community did not come to a consensus about such a concept as “human rights”. As it has been pointed out earlier, Western and Eastern interpretations did not exactly coincide; therefore, some unification had to be achieved.

In this respect, we should explore the political situation in the Post-War period. Humankind was on the verge of a new conflict, the Cold War, but at that moment, the contradictions between the United States and the Soviets were not so aggravated, and both sides of the argument supported the idea of such declaration.

Regarding the religious environment, we should first say that the twentieth century is marked by a religious crisis, which means that to some extent, religion ceased to act as guidelines for people (the events of World War II eloquently substantiated this statement). Consequently, it was necessary to lay legal foundations, which were to ensure that at least basic human rights were preserved and protected (Asbeck,88). Naturally, we should not make generalizations because the religious crisis did not strongly affect Islamic countries but it was very tangible in Europe.

The events of World War II also showed that many people were not able to practice their religion. They were officially (or unofficially) prohibited to do it. In theory, the Declaration of Hunan guarantees that every person has religious freedom but it could not eradicate certain tacit laws, which still acted against some religious groups (Weiss, 134).

Furthermore, while analyzing the history of the twentieth century, scholars often attach primary importance to the so-called clash of cultures. At that moment, Easter and Western Worlds were only beginning to interact with each other but it was obvious that such notion as “human rights” was perceived in different ways. Partly, this declaration was aimed at strengthening the ties between the two most basic cultures or at least ensuring that they could efficiently cooperate (Ramcharan, 65).

New social developments also contributed to the adoption of this document. For instance, the growth of the feminist movement indicated that the roles of men and women should be reconsidered especially in terms of employment policies, and education. The adoption of the Declaration aroused a storm of protest in some Islamic countries because social equality of both sexes contradicted some tenants of the Muslim religion, especially regarding the role of women in the family and their dependence on their husbands.

In her book “A World Made New” Mary Glendon gives the reader insights into the atmosphere of that time. The author focuses on the role of Eleanor Roosevelt in developing this document. She was a member of the Human Rights Commission along with representatives of other countries. People, who were designated to draft this document, had to fight against insuperable odds, namely cultural-political, religious, and social controversies. It should be mentioned that even now this document is viewed as pro-Western and pro-American, though it seems its basic principles are universally applicable (Glendon, 33).

Nevertheless, the most important problem that Human Rights Commission had to resolve is how to make this doctrine applicable, in other words, whether this document had any legal force. Johannes Morsink in his book “The Declaration of Human Rights” argues that this legislative act was fully implemented only in the West; however, it did not become applicable in some other countries for example, in the USSR (Morsink, 8).

Thus, having analyzed political, religious, cultural, and cultural environment in the post-War Period we can arrive at the following conclusions: first Human rights commission had to resolve cross-cultural contradictions while drafting the declaration, especially different perceptions of human rights in the Western and Eastern cultures. However, the main problem that had to be resolved was the applicability of this legislative act. It seems that even now this issue remains very stressful because some countries only officially accepted the Declaration of Human Rights but even they do not follow its basic principles.

Bibliography

B. G. Ramcharan.Thirty Years After the Universal Declaration. BRILL, 1979.

Frederik Mari Asbeck. The Universal Declaration of Human Rights and Its Johannes Predecessors (1679-1948): And Its Predecessors (1679-1948). Brill Archive, 1949.

Morsink. The Universal Declaration of Human Rights: Origins, Drafting, and Intent. University of Pennsylvania Press, 2000.

Mary Ann Glendon. “A World Made New: Eleanor Roosevelt and the Universal Declaration of Human Rights” Random House, 2002.

Thomas George Weiss. “The United Nations and Changing World Politics” Westview Press, 2004.

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Universal Declaration Of Human Rights

Universal Declaration of Human Rights

The Universal Declaration of Human Rights (UDHR) is an international document adopted by the United Nations General Assembly (UNGA) . It establishes the rights and freedoms of all members of the human race.

It was accepted by the UNGA as per Resolution 217 during the session on December 10, 1948. Among the United Nations members at the time, 48 voted in favour, none against, 8 abstained and 2 did not vote.

The UDHR has played a significant role in the history of human rights. Its significance as well as other facts will be highlighted in detail in this article. The information will be useful in the IAS Exam.

The candidates can read relevant information from the links provided below:

Universal Declaration of Human Rights – Overview

The UDHR consists of 30 articles detailing an individual’s “basic rights and fundamental freedoms”. It is universally applicable for all human beings of varying race, religions and nationality.
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.
Even though the Universal Human Rights Declaration is not legally binding, its contents has been elaborated and incorporated into subsequent international treaties, regional human rights and instruments and in the legal codes of various countries
At least one of the 9 binding treaties of the UDHR has been ratified by all 193 member states of the United Nations , with the majority ratifying four or more.

History of the Universal Declaration of Human Rights

The United Nations was founded by 51 countries in October 1945, two months after World War II ended. Two world wars, the nuclear bombings of Hiroshima and Nagasaki and a global refugee crisis had led to fears of a destructive World War II .

The UN was founded to avoid such a disaster, as well as to address human rights. Out of all the people who wanted such notions to become a reality, it was Eleanor Roosevelt – the wife of the late United States President Franklin Delano Roosevelt – who would play a crucial role in the formulation of the Universal Human Rights Declaration

President Harry Truman appointed Eleanor Roosevelt to the US delegation to the United Nations in 1945. She was well known throughout the world as a champion of poverty allegations and universal civil rights. It was in April 1946, after becoming chair of the UN Commission on Human Rights, that she took on the task of drafting a human rights declaration for the world.

Eleanor’s ideals about human rights and desire for global peace were influenced by her experiences of both the world wars where she had worked with shell-shocked soldiers undergoing psychological treatments during World War I while she had visited the devastated cities of Europe during the second world war.

Drafting the Universal Declaration of Human Rights was not at all an easy task. For starters:

Both the United States and the Soviet Union had their own definition of human or to put it simply could not agree on what human rights were.
Many conservative US politicians were not fond of supporting the economic and social rights of the UDHR because in their eyes such rights were ‘communist’ in their nature and scope.

However, Elanor with her charm and diplomacy managed to gather enough support for the UDHR to be passed in a resolution.

Hansa Mehta, a UN delegate from the newly independent country of India and the only other woman on the Commission on Human Rights was crucial in shaping the declaration. It was she who changed the original declaration’s first article from “All men are born free and equal” to “All human beings are born free and equal”.

Even though the declaration isn’t binding or enforceable. It would serve as a model for legislation in many countries.

After the draft was presented to the United Nations General Assembly, it was adopted on December 10, 1946.

December 10, the anniversary of the adoption of the Universal Declaration, is celebrated annually as World Human Rights Day or International Human Rights Day.

preparation now and complement it with the links given below:

Structure of the Universal Declaration of Human Rights

The structure of the Universal Declaration of Human Rights was influenced by a set of laws formulated by Napoléon Bonaparte centuries before, collectively known as the Code Napoléon.

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 Declaration consists of the following:

The preamble gives details about the social and historical reasons that led to the formation of the UDHR.

It contains a total of 30 articles:


	The basic concepts of dignity, liberty and equality are established.
	Details of individual rights, such as the right to life and prohibition of slavery are explained in detail.
	Refers to the fundamental rights as well as the remedies for their violation.
	Set forth the rights of the individual towards the community, including freedom of movement and residence within each state, the right of property and the right to a nationality.
	These sets of articles refer to the rights of the individual towards the community, including freedom of movement, thought, opinion, expression, religion, peaceful association and ideas through any media.
	Sanctions an individual’s economic, social and cultural rights including healthcare. It also upholds the right to a better standard of living and makes a special mention of care given to motherhood or childhood.
	It establishes the general means of exercising these rights, the areas in which the rights of the individual cannot be applied.

Significance of the Universal Declaration of Human Rights

The UDHR is widely regarded as a groundbreaking document that provides a comprehensive and universal set of principles in a secular, apolitical document that is beyond cultural, religious and political ideologies The Declaration was the first instrument of international law to use the phrase “rule of law”, thereby establishing the principle that all members of all societies are equally bound by the law regardless of the jurisdiction or political system.
In International law, a declaration is different from a treaty in the sense that it generally states aspiration or understanding among the parties, rather than binding obligations. For this reason, the Universal Declaration of Human Rights is a fundamental constitutive document of the United Nations and, by extension, all 193 parties of the UN Charter.

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> The Universal Declaration of Human Rights
> Introductory essay: the drafting and significance of the Universal Declaration of Human Rights

Book contents

Frontmatter
Table of documents
Abbreviations and acronyms
Introductory essay: the drafting and significance of the Universal Declaration of Human Rights
Table of provisions of the Universal Declaration of Human Rights
Subject index

Published online by Cambridge University Press: 05 May 2013

The Universal Declaration of Human Rights was adopted by the United Nations General Assembly on 10 December 1948 following a complex drafting process that took nearly two years. Consisting of a preamble and thirty concise articles, totalling less than 1,800 words, the Declaration describes itself as “a common standard of achievement for all peoples and all nations”. It was designed to be part of a package comprising three components: a declaration or manifesto, a treaty or covenant, and provisions for implementation. The other parts followed the Declaration later, taking nearly two decades for adoption and another ten years for entry into force. The great impact of the Universal Declaration may not have been immediate. Its significance has grown over the years and continues to grow. The Declaration has been invoked in scores of international treaties, in national constitutions and legislation, and in judicial decisions at both the national and the international levels. In 2007, the United Nations Human Rights Council decided that all Member States would present periodic reports on their human rights compliance. Central to the legal framework of this new and novel procedure, known as Universal Periodic Review, are the standards set out in the Universal Declaration of Human Rights.

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Edited by William A. Schabas , Middlesex University, London
Book: The Universal Declaration of Human Rights
Online publication: 05 May 2013
Chapter DOI: https://doi.org/10.1017/CBO9781139600491.004

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The Universal Declaration of Human Rights is one of the first UN documents to elaborate the principles of human rights mentioned in the UN Charter. It was adopted by General Assembly resolution 217 A (III) on 10 December 1948 , by a vote of 48-0-8.

Resolution symbol: A/RES/217 A (III)
Meeting record: A/PV.183
Voting summary: 48-0-8

Human Rights Day is celebrated on 10 December every year.

The Universal Declaration of Human Rights (UDHR) is one part of the resolution on the "International Bill of Human Rights" ( A/RES/217 (III) ). Following the adoption of this five-part resolution in 1948, two covenants were drafted that are also considered part of the International Bill of Human Rights, both were adopted in 1966:

International Covenant on Economic, Social and Cultural Rights (ICESCR)
International Covenant on Civil and Political Rights (ICCPR) and its Optional Protocols

Unlike the covenants, the UDHR is not a treaty and has not been signed or ratified by states. See the UN Treaty Collection Glossary for more information on declarations.

The UN has adopted many more declarations and conventions on human rights topics since 1948. The lists on the UN Treaty Collection and the Office of the High Commissioner for Human Rights websites are excellent starting points for research.

The drafting of the Universal Declaration of Human Rights took place from 1946-1948 in several bodies including:

Drafting Committee
Commission on Human Rights
General Assembly, including the Third Committee

Documents related to the drafting are available online through the ODS , UN Digital Library and the Drafting of the Universal Declaration of Human Rights research guide. Links to additional archival materials are found in the UNOG research guide on the UDHR .

There are several ways to approach research on the drafting of the UDHR. Procedural histories or travaux préparatoires of the UDHR provide reference to the documents including drafts of the declaration, proposals by countries, meeting records, reports, and voting information.

The UN Audiovisual Library of International Law has a brief scholarly procedural history of the UDHR, including an overview of the drafting process, links to selected UN documents, and related audio, video and photos.
The Universal Declaration of Human Rights: The Travaux Préparatoires . Edited by William A. Schabas. (Cambridge: Cambridge University Press, 2013). 3157 p. ( library holdings in WorldCat ) This reference book not only includes the relevant documents, but also indexes the documents by subject, article of the UDHR, personal name of participants, and country. This is an excellent starting point for research on country positions and the drafting of specific articles or paragraphs.
Many additional websites, articles and books concern the UDHR, its drafting, its impact and/or various aspects of the declaration. Consult your librarian for help finding material available to you.

The drafters of the UDHR included many prominent people from around the world. The meeting records of the drafting bodies list the participants in the meetings; meeting records of the Economic and Social Council and the General Assembly generally name just the presiding officer and the speakers. Eleanor Roosevelt served as the Chair of the Commission on Human Rights during the drafting of the UDHR; she is sometimes referred to in meeting records as Chairman or Mrs. Franklin D. Roosevelt.

Some sources for starting research on the drafters include:

The research guide on drafting of the UDHR includes brief biographies of members of the Drafting Committee
The Human Rights Day website highlights the contributions of several women
The index to the Schabas Travaux Préparatoires lists contributions by personal name and by country
Books and articles have been published about some of the UDHR drafters

The meetings of the various drafting bodies were held in different places. The meeting records or the reports of the bodies on their sessions indicate the date, time and location of the meetings. The declaration was adopted at the Palais de Chaillot in Paris, where the third session of the General Assembly was held. The meeting at which the UDHR was adopted ( A/PV.183 ) was held in the "grande salle" of the Palais de Chaillot in Paris, France. The Palais is a theatre and the "grande salle" is its main room.

Translations

At the time of the adoption of the UDHR in 1948, resolutions of the General Assembly were published in Chinese, English, French, Russian, Spanish. Over 500 translations can be found on the UDHR website of the Office of the High Commissioner of Human Rights , including videos in several sign languages.

Links and Resources

OHCHR website on UDHR
Human Rights Day website
UNOG Library research guide on UDHR
OHCHR Library guide to UDHR resources
Audiovisual Library of International Law - Historic Archives
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Essay on Human Rights: Samples in 500 and 1500

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Essay writing is an integral part of the school curriculum and various academic and competitive exams like IELTS , TOEFL , SAT , UPSC , etc. It is designed to test your command of the English language and how well you can gather your thoughts and present them in a structure with a flow. To master your ability to write an essay, you must read as much as possible and practise on any given topic. This blog brings you a detailed guide on how to write an essay on Human Rights , with useful essay samples on Human rights.

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Human rights mark everyone as free and equal, irrespective of age, gender, caste, creed, religion and nationality. The United Nations adopted human rights in light of the atrocities people faced during the Second World War. On the 10th of December 1948, the UN General Assembly adopted the Universal Declaration of Human Rights (UDHR). Its adoption led to the recognition of human rights as the foundation for freedom, justice and peace for every individual. Although it’s not legally binding, most nations have incorporated these human rights into their constitutions and domestic legal frameworks. Human rights safeguard us from discrimination and guarantee that our most basic needs are protected.

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Learn more about the history of the Universal Declaration of Human Rights with our resource book Fundamental Freedoms.

The Universal Declaration of Human Rights was adopted by the UN General Assembly in 1948. It states the basic rights and freedoms to which all people are entitled.

The devastation of World War II sparked an international desire for peace. It also encouraged the creation of a system of principles that could ensure the protection of basic human rights and dignity. Eleanor Roosevelt, the widow of President Franklin Delano Roosevelt, was one of the first American delegates to the United Nations. A longtime activist on behalf of minorities, women, workers, and refugees, Roosevelt became the chairperson of the UN Commission on Human Rights. She worked with a small group of representatives from countries around the world to define the most essential universal rights and establish them in an official document. On December 10, 1948, she urged the United Nations General Assembly to approve the Universal Declaration of Human Rights (UDHR):

In giving our approval to the Declaration today, it is of primary importance that we keep clearly in mind the basic character of the document. It is not a treaty; it is not an international agreement. It is not and does not purport to be a statement of law or of legal obligation. It is a Declaration of basic principles of human rights and freedoms, to be stamped with the approval of the General Assembly by formal vote of its members, and to serve as a common standard of achievement for all peoples of all nations. We stand today at the threshold of a great event both in the life of the United Nations and in the life of mankind. This Universal Declaration of Human Rights may well become the international Magna Carta of all men everywhere. We hope its proclamation by the General Assembly will be an event comparable to the proclamation of the Declaration of the Rights of Man by the French people in 1789, the adoption of the Bill of Rights by the people of the United States, and the adoption of comparable declarations at different times in other countries. At a time when there are so many issues on which we find it difficult to reach a common basis of agreement, it is a significant fact that 58 states have found such a large measure of agreement in the complex field of human rights. This must be taken as testimony of our common aspiration first voiced in the Charter of the United Nations to lift men everywhere to a higher standard of life and to a greater enjoyment of freedom. Man’s desire for peace lies behind this Declaration. The realization that the flagrant violation of human rights by Nazi and Fascist countries sowed the seeds of the last world war has supplied the impetus for the work which brings us to the moment of achievement here today. . . . This Declaration is based upon the spiritual fact that man must have freedom in which to develop his full stature and through common effort to raise the level of human dignity. We have much to do to fully achieve and to assure the rights set forth in this Declaration. But having them put before us with the moral backing of 58 nations will be a great step forward. 1

The United Nations approved the declaration, but the work of the commission was only partially done. The UDHR, in Roosevelt’s words, “would say to the peoples of the world ‘this is what we hope human rights may mean to all people in the years to come.’” The second part of the commission’s work was to be “a covenant which would be in the form of a treaty to be presented to the nations of the world.” Every nation that ratified the treaty “would then be obligated to change its laws wherever they did not conform to the points contained in the covenant.” 2 The commission thought a treaty might be worked out within the next few years, but this hope proved to be too optimistic. The work to secure human rights around the world remains an ongoing struggle.

1 From Eleanor Roosevelt, “On the Adoption of the Universal Declaration of Human Rights,” in Great Speeches by American Women , ed. James Daley (Mineola, NY: Dover, 2008), 128–29.
2 From Eleanor Roosevelt, “ The Struggle for Human Rights ,” speech delivered September 28, 1948, in Paris, France, available from American Rhetoric, accessed June 26, 2016.

UDHR Infographic

Connection questions.

How does the UDHR differ from an international agreement or a “statement of law”?
In what ways was the UDHR a response to the past? In what ways did it present a responsibility for future generations?
Are there individual human rights that take precedence over the policies or declarations of any nation? Are there communal needs that might take precedence over the rights of an individual?
What needs to happen for the ideals expressed in the UDHR to become a reality?
The idea that there is a set of “universal” rights for people everywhere in the world remains controversial. Look up the full text of the UDHR online. Do the rights enumerated in the UDHR seem to fit all of the diverse cultures and belief systems across the globe? What rights do you think should be enjoyed universally by all people?

How to Cite This Reading

Facing History & Ourselves, “ The Universal Declaration of Human Rights ”, last updated August 2, 2016.

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The Universal Declaration of Human Rights Is Turning 75: Here’s What You Need To Know

By MJ Altman on December 6, 2023

This year marks the 75th anniversary of the Universal Declaration of Human Rights — one of the first documents drafted by the United Nations that decreed, in writing, a radical truth: All people are born free and equal.

Like the United Nations itself, the Universal Declaration of Human Rights (UDHR) rose from the ashes of World War II. When it was adopted in 1948, much of the world was still recovering from the deadliest conflict in history, which claimed more than 60 million lives.

In the aftermath of such unprecedented death and destruction, the world turned to diplomacy to make sure history would not repeat itself. Nations came together for the first time to publicly declare the fundamental freedoms that belong to all of us. The UDHR contains 30 articles outlining our most basic birthrights, including protection against torture, inhumane treatment, cruel punishment, slavery, and servitude. The document heralded a new chapter of human history.

From consumer protections to child labor laws, we’ve made enormous strides in human rights over the past 75 years — and the Declaration has guided and grounded us throughout decades of revolutionary change in the fields of technology, medicine, political expression, and so much more.

“Human rights is a force to reckon with, not because it serves the interests of the powerful, but because it has captured the imagination of the powerless,” said UN High Commissioner for Human Rights Volker Türk, reflecting on the anniversary. “If there was ever a moment to rekindle the hope of human rights for every person, it is now.”

To commemorate this historic milestone, we’re sharing five key facts about the UDHR:

Left: Early drafts of the Declaration illustrate the complex and intense editing process that led to its adoption. Right: UN representatives convene during the milestone 50th Session of the Human Rights Council. The Council was launched to protect fundamental freedoms for all. Photo: UN Photo/Violaine Martin

1. The UDHR represented a pinnacle in global cooperation and representation.

Never before had so many people from different cultures and backgrounds united to draft a legal document. The two-year process involved representatives from a wide range of countries, including Australia, Canada, Chile, China, Egypt, France, Lebanon, the USSR, and the UK. On Dec. 10, 1948 , it was adopted at the UN by 50 countries. Based on the diverse representation, the UDHR reflected and drew from a number of treatises, including the American Bill of Rights, the British Magna Carta, and the French Declaration of the Rights of Man.

The Declaration also benefited from unprecedented gender representation, with women shaping the UDHR in profound ways. Feminist leader Minerva Bernardino of the Dominican Republic, for example, is credited with the inclusion of “the equality of men and women” in the UDRH’s preamble. Begum Shaista Ikramullah of Pakistan, meanwhile, advocated for Article 16’s equal rights in marriage, which she viewed as a crucial way to help combat child marriage and forced marriage. For her part, Lakshmi Menon of India argued against colonial relativism that sought to deprive certain rights for those living under colonial rule.

Left: A group of Japanese citizens holds up the UDHR during a visit to the UN’s interim headquarters. Right: A protester in Australia stands up for refugee rights during a vigil for Human Rights Day on December 10th. Photo: UN Photo/Matt Hrkac

2. The Declaration challenged centuries of inhumane — and widely held — beliefs.

Slavery. Divine rule. Caste systems. Feudalism. Indentured servitude. It’s worth remembering that for most of human history the basic concept enshrined in Article 1 — “all human beings are born free and equal in dignity and rights” — was commonly contradicted in both principle and practice.

The UDHR acted as a catalyst for spreading and socializing the belief in equality and freedom for everyone, everywhere. It would take many years and many different movements worldwide for the wealthy and powerful to accept and recognize our most basic human rights.

3. It is the most translated document in the world.

The UDHR is now available in more than 500 languages . Besides the Bible or the Quran, few texts can claim such an impressive and influential reach. It has been signed by all 193 UN Member States.

The Declaration’s text lays out three cardinal principles: universality, indivisibility, and interdependence . In other words, human rights belong to all of us, cannot be ranked in importance, and cannot stand on their own.

Left: The cover of the UDHR booklet in four different languages; it is the most translated document in the world. Right: Students in South Africa during a protest for equal access to education. Photo: UN Photo/Tony Carr

4. It has served as the foundation for civil rights movements across the globe.

The Declaration’s 30 articles underpin international human rights law as we know it, providing the building blocks for the International Criminal Court and the legal groundwork for the tribunals that prosecuted war crimes in Rwanda and the former Yugoslavia.

In the past 75 years, the UDHR has also offered a playbook for young democracies and liberation movements across the globe. In South Africa , for example, activists drew inspiration and examples from the Declaration to argue for their rights in the courts of law and public opinion. According to the UN, it is widely recognized for inspiring more than 70 human rights treaties .

5. The UN launched a major yearlong initiative to reinvigorate the global human rights movement.

Through the Human Rights 75 initiative , UN officials spent the past year hearing from communities across the globe about the unique successes of and ongoing obstacles to freedom and equality. From the triple planetary crisis of pollution, global warming, and biodiversity loss to the rise in hate speech, disinformation, and polarization worldwide, we are facing complicated and interlinked issues that demand global cooperation. And one of the smartest ways to overcome these hurdles is to protect and strengthen liberty and equality, especially for the most vulnerable among us. Human rights are humanity’s best barometer against tyranny and suffering.

Safeguarding human rights won’t just help us address our shared challenges; it can also unlock progress and prosperity. In fact, 92% of targets for the Sustainable Development Goals are related to human rights treaties, according to the Danish Institute for Human Rights. The best way to achieve the 2030 Agenda is to invest time and resources into upholding one another’s dignity and worth.

Left: The children of UN staff members examine the UDHR shortly after its adoption. Right: Young people attend the International Human Rights Summit at the UN’s headquarters in New York. Photo: UN Photo

An Enduring and Evolving Movement

Throughout the past 75 years, the world’s views on human rights have continued to evolve — as do the challenges that threaten them. Today, we’re not only facing the horrors of conflict; we’re confronting the catastrophic effects of climate change alongside revolutionary leaps in technology that could pose serious risks to human rights worldwide if left unregulated.

This is why the UDHR exists: to ground and guide humanity during times of crisis and confusion. In our ongoing journey toward equality and freedom, the Declaration remains our North Star.

“Human rights are not a luxury that can be left until we find a solution to the world’s other problems,” UN Secretary-General António Guterres said earlier this year. “They are the solution to many of the world’s other problems. From the climate emergency to the misuse of technology, the answers to today’s crises are found in human rights.”

Though the Declaration was negotiated on a world stage, it is within our everyday lives that these most basic human rights are exercised.

“As we celebrate the impact of the Universal Declaration of Human Rights, our worst enemy is complacency,” Guterres said.

And while we can only guess what the world will look like 75 years from now, one truth will remain: Human rights belong to all of us, and each of us has a role to play in protecting them.

Take a stand for human rights

As we mark the 75th anniversary of the Universal Declaration for Human Rights, join the UN in taking a stand for human rights everywhere.

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"Why Human Rights?": Reflection by Eleni Christou

This post is the first installment from UChicago Law's International Human Rights Law Clinic in a series titled — The Matter of Human Rights. In this 16-part series, law students examine, question and reflect on the historical, ideological, and normative roots of the human rights system, how the system has evolved, its present challenges and future possibilities. Eleni Christou is a third year in the Law School at the University of Chicago.

Why Human Rights?

By: Eleni Christou University of Chicago Law School Class of 2019

When the term “human rights” is used, it conjures up, for some, powerful images of the righteous fight for the inalienable rights that people have just by virtue of being human. It is Martin Luther King Jr. before the Washington monument as hundreds of thousands gather and look on; it is Nelson Mandela’s long walk to freedom; or a 16-year-old Malala telling her story, so others like her may be heard. But what is beyond these archetypes? Does the system work? Can we make it work better? Is it even the right system for our times? In other words, why human rights?

Human rights are rights that every person has from the moment they are born to the moment they die. They are things that everyone is entitled to, such as life, liberty, freedom of expression, and the right to education, just by virtue of being human. People can never lose these rights on the basis of age, sex, nationality, race, or disability. Human rights offer us a principled framework, rooted in normative values meant for all nations and legal orders. In a world order in which states/governments set the rules, the human rights regime is the counterweight, one concerned with and focused on the individual. In other words, we need human rights because it provides us a way of evaluating and challenging national laws and practices as to the treatment of individuals.

The foundational human right text for our modern-day system is the Universal Declaration of Human Rights . Adopted by the United Nations General Assembly in December, 1948, this document lays out 30 articles which define the rights each human is entitled to. These rights are designed to protect core human values and prohibit institutions and practices that are contrary to the enjoyment of the rights. Rights often complement each other, and at times, can be combined to form new rights. For example, humans have a right to liberty, and also a right to be free from slavery, two rights which complement and reinforce each other. Other times, rights can be in tension, like when a person’s right to freedom of expression infringes upon another’s right to freedom from discrimination.

In this post, I’ll provide an example of how the human rights system has been used to do important work. The international communities’ work to develop the law and organize around human rights principles to challenge and sanction the apartheid regime in South Africa provides a valuable illustration of how the human rights system can be used successfully to alleviate state human rights violations that previously would have been written off as a domestic matter.

From 1948 to 1994, South Africa had a system of racial segregation called ‘ apartheid ,’ literally meaning ‘separateness.’ The minority white population was committing blatant human rights violations to maintain their control over the majority black population, and smaller multiethnic and South Asian communities. This system of apartheid was codified in laws at every level of the country, restricting where non-whites could live, work, and simply be. Non-whites were stripped of voting rights , evicted from their homes and forced into segregated neighborhoods, and not allowed to travel out of these neighborhoods without passes . Interracial marriage was forbidden, and transport and civil facilities were all segregated, leading to extremely inferior services for the majority of South Africans. The horrific conditions imposed on non-whites led to internal resistance movements , which the white ruling class responded to with extreme violence , leaving thousands dead or imprisoned by the government.

While certain global leaders expressed concern about the Apartheid regime in South Africa, at first, most (including the newly-formed UN) considered it a domestic affair. However, that view changed in 1960 following the Sharpeville Massacre , where 69 protesters of the travel pass requirement were murdered by South African police. In 1963, the United Nations Security Council passed Resolution 181 , which called for a voluntary arms embargo against South Africa, which was later made mandatory. The Security Council condemned South Africa’s apartheid regime and encouraged states not to “indirectly [provide] encouragement . . . [of] South Africa to perpetuate, by force, its policy of apartheid,” by participating in the embargo. During this time, many countries, including the United States, ended their arms trade with South Africa. Additionally, the UN urged an oil embargo, and eventually suspended South Africa from the General Assembly in 1974.

In 1973, the UN General Assembly passed the International Convention on the Suppression and Punishment of the Crime of Apartheid , and it came into force in 1976. This convention made apartheid a crime against humanity. It expanded the prohibition of apartheid and similar policies outside of the South African context, and laid the groundwork for international actions to be taken against any state that engaged in these policies. This also served to further legitimize the international response to South Africa’s apartheid regime.

As the state-sanctioned violence in South Africa intensified, and the global community came to understand the human rights violation being carried out on a massive scale, countries worked domestically to place trade sanctions on South Africa, and many divestment movements gained popular support. International sports teams refused to play in South Africa and cut ties with their sports federations, and many actors engaged in cultural boycotts. These domestic actions worked in tandem with the actions taken by the United Nations, mirroring the increasingly widespread ideology that human rights violations are a global issue that transcend national boundaries, but are an international concern of all peoples.

After years of domestic and international pressure, South African leadership released the resistance leader Nelson Mandela in 1990 and began negotiations for the dismantling of apartheid. In 1994, South Africa’s apartheid officially ended with the first general elections. With universal suffrage, Nelson Mandela was elected president.

In a speech to the UN General Assembly , newly elected Nelson Mandela recognized the role that the UN and individual countries played in the ending of apartheid, noting these interventions were a success story of the human rights system. The human rights values embodied in the UDHR, the ICSPCA, and numerous UN Security Council resolutions, provided an external normative and legal framework by which the global community could identify unlawful state action and hold South Africa accountable for its system of apartheid. The international pressure applied via the human rights system has been considered a major contributing factor to the end of apartheid. While the country has not fully recovered from the trauma that decades of the apartheid regime had left on its people, the end of the apartheid formal legal system has allowed the country to begin to heal and move towards a government that works for all people, one that has openly embraced international human rights law and principles in its constitutional and legislative framework.

This is what a human rights system can do. When state governments and legal orders fail to protect people within their control, the international system can challenge the national order and demand it uphold a basic standard of good governance. Since the adoption of the Universal Declaration of Human Rights, the human rights system has grown, tackled new challenges, developed institutions for review and enforcement, and built a significant body of law. Numerous tools have been established to help states, groups, and individuals defend and protect human rights.

So why human rights? Because the human rights system has been a powerful force for good in this world, often the only recourse for marginalized and minority populations. We, as the global community, should work to identify shortcomings in the system, and work together to improve and fix them. We should not — as the US has been doing under the current administration — selectively withdraw, defund, and disparage one of the only tools available to the world’s most vulnerable peoples. The human rights system is an arena, a language, and a source of power to many around the world fighting for a worthwhile future built on our shared human values.

Pozen center 2022-23 director's report, interracial marriage under attack: thinking the unthinkable, read: "the politics of torture" by kathleen cavanaugh, read "democracies and international law" by tom ginsburg, read "agents of change: political philosophy in practice" by ben laurence.

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Universal Declaration of Human Rights (UDHR)

This article was written by Astitva Kumar , an advocate; and has been further updated by Syed Owais Khadri . This article talks about the Universal Declaration of Human Rights (UDHR). The United Nations General Assembly adopted the Declaration on December 10, 1948. Along with this, the author has also discussed global dynamics before the UDHR’s drafting, and a thorough examination of the articles enshrined in the Declaration.

This article has been published by Rachit Garg.

Table of Contents

Introduction

“All human rights for all’ and ‘the world is one family” are the two notions that have relied on the broadened definition of human rights, ensuring human dignity for every individual of the human race in the global village.

The question of fundamental human rights has been relevant ever since the rudimentary structure of human society came to be established. Such rights can be said to comprise the basic needs of human beings, which include the right to food, the right to breathe clean and unpolluted air, the right to shelter, the right to clothing, and the right to a decent environment, all of which are essential for human beings to live and survive, as against natural rights, which all living beings enjoy from birth and which no human agency can give or take away.

The Universal Declaration of Human Rights (UDHR) declares, from the outset, that its goal is to establish worldwide human rights. The Universal Declaration of Human Rights (UDHR) is a building block in the modern history of human rights since it draws from ancient to contemporary philosophies in response to the horrific events of World War II.

What are human rights

The term “human right” does not have a specific scientific definition. These are moral claims that are inalienable and inherent in all human beings solely because of their existence. These claims are expressed and formalised in what we now refer to as human rights, and have been translated into constitutional/legal rights established through the law-making processes of states/societies, both nationally and internationally.

Human rights are often defined as “inalienable fundamental rights to which a person is essentially entitled just by virtue of being human.” Thus, human rights are understood as universal (meaning they apply everywhere) and egalitarian (meaning they are the same for everyone). Human rights is a generic term that includes and is the traditional civil and political rights and newly developed modern economic, social and cultural rights.

The concept of human rights is also closely linked to human dignity. The World Conference on Human Rights which was held in 1993 in Vienna stated in its Declaration, “ All of the human rights are drawn from the basic concept of human dignity, worth inherited in the human being. Human rights and fundamental freedoms revolve around the human individual .”

History of human rights

The sphere of human rights has witnessed consistent and significant developments over the past century, especially after World War II, but at the same time, it is also important to note that human rights have always been a cardinal part of mankind across various cultures and human civilisations.

The earliest evidence of human rights can be traced back to the Persian Empire of Cyrus around 539 B.C. It is a recent theory that Cyrus, after the capture of Babylon, established racial equality and freed all the slaves. He declared that every human being has the right to choose a religion of their own choice. Other principles with regard to human rights were recorded on baked clay cylinders, which were commonly known as Cyrus cylinders. The most recent discussions about the Cyrus cylinder began in 1971, when the UN received a replica of the Cyrus Cylinder with an English translation of it.

Developments in England

Some of the significant developments witnessed in England with regard to human rights. These developments include:

The Magna Carta Principles (1215)

The petition of right (1628), the english bill of rights (1689).

One of the major developments in the sphere of human rights was witnessed in England in the form of the royal charter of Magna Carta in 1215 by King John of England. Magna Carta principles are considered a cornerstone in the history of human rights as it is the first and foremost formal document on human rights. It introduced the principle of “rule of law”, which is one of the major facets of human rights. This Charter was drafted as a peace agreement with the main objective of ending the rebellion of barons against the monarch in England. The charter was mainly focused on providing swift access to justice, protection of church rights, and protection from arbitrary arrests. The charter also laid limitations on the feudal payments to the king.

The following development with regard to human rights was the ‘ Petition of Right ’ in the year 1628, during the reign of King Charles I in England. This petition was drafted by the Parliament of England after prolonged political tensions between the Monarch and the Parliament. The petition consisted of a list of various demands, such as end to arbitrary imprisonment without trial, illegal taxation, etc. The Petition of Right is considered a significant step in the long process of transitioning England from monarchy to parliamentary democracy.

The Petition of Right in England was followed by the English Bill of Rights 1689 . The bill was converted into law with the assent of William III and Mary II, the then monarchs of England. It gave various civil and constitutional rights, including freedom of speech in the parliament, free elections, consent of the parliament for taxation policies, non interference from the government and equal and just treatment before the court of law.

Developments in the U.S.

The U.S. Bill of Rights, 1789 is another prominent document in the evolution of human rights. Drawing inspiration from the English Bill of Rights, the Congress of the United States in 1789 proposed amendments to the constitution. A total of 12 amendments were suggested, out of which 10 were ratified as Articles 3 to 12 of the Constitution by 1791. These 10 amendments to the U.S. Constitution are collectively and popularly known as the U.S. Bill of Rights. These articles granted various rights, such as freedom of religion, freedom of speech, freedom of the press, protection from cruel punishments, etc.

Developments in France

The next significant development with regard to human rights took place in France ahead of the French Revolution. France’s National Assembly adopted the “ Declaration of the Rights of Man and of the Citizen ” in 1789. This particular declaration represents one of the fundamental instruments of human liberties; it introduced one of the basic values of human civilisations, which is that all individuals are born free and everyone has equal rights. The declaration guaranteed the freedom of speech, religion, right to property, etc. The principles contained within this declaration inspired the French Revolution which is one of the most remarkable events not just in the history of France but also in world history.

Developments post 18 th century

All the rights that were slowly recognised during the long process of evolution are commonly known as first generation rights. These are the various civil and political rights such as right to freedom of religion, freedom of speech, right to property, right to vote, just and equal treatment before the law, prevention from arbitrary arrest and imprisonment, right to vote, etc.

In the late 18 th century and the early 19 th century, many wars were fought between various countries, which led to the deaths of numerous soldiers. As a concern for human rights during such wars, the first Geneva Convention came into existence in 1864, which focused on treating the wounded soldiers of war. This convention was replaced by the Geneva Convention of 1906, which was further replaced by the Geneva Convention of 1929. In addition to the three Geneva Conventions, the first multilateral treaties between various nations were commissioned in two Hague Conferences of 1899 and 1907 which addressed the conduct of warfare by establishing laws and customs of war. After the adoption of the Universal Declaration of Human Rights, 1948 , the 1929 Geneva Convention was replaced by the Geneva Convention, 1949 , which is in force to this date.

Classification of human rights

Civil and political rights (human rights of 1st generation).

Civil rights or liberties are rights that protect one’s right to life and liberty. They are essential for a person to enjoy a dignified life. These rights include the right to life, liberty, the right to privacy, home, and correspondence, the right to possess property, the right to be free of torture and cruel or degrading treatment, the freedom of thought, conscience, religion, and the right to move. Political rights are those that allow people to participate in the formation or administration of a government. Examples: the right to vote, the right to be elected in legitimate periodic elections, and the right to participate directly or through chosen representatives in the administration of public affairs.

Economic, social, and cultural rights (human rights of 2nd generation)

Civil and political rights are linked with western capitalist countries (eg. the United Kingdom, the United States of America, and France). On the other hand, human rights, according to socialist states, are those founded on the harmony of individual and collective interests of a socialist society. The Russian Revolution of 1917 and the Paris Peace Conference of 1919 gave birth to economic and social rights. With the emergence of socialism in the twentieth century, these rights gained respect.

These second-generation rights are positive in the sense that they compel states to adopt proper actions to safeguard them. For example, rights include the right to adequate food, clothing, housing, and an adequate quality of life. It also includes the right to work, the right to social security, the right to good physical and mental health, and the right to education. Without these rights, human life will be jeopardised.

These rights have been recognised in the International Covenant on Economic, Social, and Cultural Rights .

Relationship between two generations of human rights:

Even though the two sets of rights are recognized by the UN in two different Covenants, they have a strong relationship. It has been correctly recognised that both kinds of rights are equally vital and that without civil and political rights, economic, social, and cultural rights cannot be fully realised, and vice versa.

Global dynamics preceding the drafting of Universal Declaration of Human Rights

Although the theological, philosophical, and political foundations of human rights intersected early on, providing a diverse variety of viewpoints crucial to the formation of civil liberty as a concept, no universal baseline for human rights was formed until the end of World War I. The Treaty of Versailles , signed in 1919, resulted in the formation of the League of Nations and the International Labour Organisation , two of the earliest international institutions dedicated to achieving peace and promoting social justice.

The League of Nations Covenant guaranteed ‘fair and humane labor conditions’, ‘just treatment’ particularly for people from historically colonial countries and members of minority groups, and ‘freedom of conscience and religion.’

Despite the efforts made to incorporate racial equality and non-discrimination articles, the concept of international protection for human rights was never fully examined or recognised by the global community.

The Institut de Droit International (Institute of International Law), a well-respected worldwide law institution, drafted and adopted the Declaration of the International Rights of Man at its meeting in New York in 1929. This agreement declared that “ every individual has equal rights to life, liberty, and property ” regardless of nationality, gender, language, or religion.

Ironically, the outbreak of World War II and its numerous losses drew greater attention to the subject of human rights. WWII killed almost 60 million people between 1939 and 1945, including allied and axis soldiers and civilians, making it the deadliest battle in human history. Sexual brutality, forced labor, mass bombings, and human experimentation were among the horrors committed during and after the Holocaust.

With the pledge ‘Never Again’, the international community pledged to strengthen international collaboration to prevent future crimes against humanity. US President Franklin D. Roosevelt issued one of the first major humanitarian responses to the cruel conflict. In January 1941, he proposed the Four Freedoms , which recognise the basic liberties to which all people are entitled as freedom of expression, religion, lack of want, and lack of fear, as well as the ‘supremacy of human rights everywhere.’ Roosevelt’s Four Freedoms were so influential that they were later incorporated into the preambles of the Universal Declaration of Human Rights and other important human rights declarations.

The United States, the United Kingdom, the Soviet Union, China, and 22 other countries signed the Declaration of the United Nations in January 1942. Many states, including Panama, Chile, South Africa, and Mexico, proposed inserting human rights provisions in the UN Charter in April 1945, and as a result, the UN Charter talks about the promotion of ‘respect for human rights and fundamental freedoms that is entitled to each and every individual in this world, with this it also mandated the establishment of a Commission on Human Rights under the Economic and Social Council

About the Universal Declaration of Human Rights (UDHR)

As previously said the concept of inalienable rights and fundamental freedoms is not new; nonetheless, the social and political setting of the mid-twentieth century was unique and left an eternal impact on the development of human rights. At a time when society was undergoing significant changes, the concept of human rights was also compelled to shift as well. Following the end of World War II, the Holocaust inevitably shed light on human rights issues, bringing those concerns to the forefront in the postwar era.

The scars left by World War II on the human fraternity made it necessary for every nation to realise the need for an international instrument that would serve as an attempt or effort towards ensuring peace and the protection of human rights. Therefore, a declaration that was essential and that would serve as a guiding light in the direction of the protection of human rights and the establishment of peace across the globe was drafted by the Commission on Human Rights. This declaration was drafted in complement to and support of the UN Charter, which mentioned the promotion of respect for human rights and fundamental freedoms.

The Universal Declaration of Human Rights (UDHR) adopted by the United Nations General Assembly , is an international declaration that establishes all human beings’ rights and freedoms. It was adopted by the General Assembly on December 10, 1948, at the Palais de Chaillot in Paris, France, after being drafted by a UN committee directed by Eleanor Roosevelt. The UDHR is a foundational text in the history of human and civil rights, consisting of 30 articles in it. Although the declaration is not legally enforceable, the rights are inscribed in the constitutions and national legislation of many countries.

The Universal Declaration of Human Rights, along with the International Covenant on Civil and Political Rights with its two Optional Protocols, the International Covenant on Economic, Social, and Cultural Rights along with its Optional Protocol, forms the International Bill of Human Rights.

The UDHR, as mentioned above, comprises a preamble and 30 Articles that include both civil and political, as well as economic, social, and cultural rights. Though there is no clear classification of articles into the two categories in The UDHR, they can be broadly classified depending upon the rights that each article guarantees. Articles 2 to 21 and Article 28 can be classified as civil and political rights, and Articles 22 to 27 can be categorised as economic, social, and cultural rights. The first article of the declaration is the conveyance of a message to every individual to uphold the spirit of brotherhood, and the last two articles of the declaration, i.e., Articles 29 and 30, are more like an obligation than a right; they impose the duty or obligation upon every individual and state to not exercise any of the rights enshrined in the Declaration in a way that would violate others’ rights and freedoms.

World Human Rights Day is observed every year on December 10th, the anniversary of the adoption of the Universal Declaration of Human Rights.

Significance of Universal Declaration of Human Rights

Since the Universal Declaration is not a treaty, it does not impose any legal duties on governments directly. It is, however, a statement of universal principles that all members of the international community share; it has also had a significant impact on the creation of international human rights law.

The UDHR serves as an instrument that has exceptional significance in the sphere of human rights. It is the primary proclamation that reflects the commitment of every nation towards the protection of human rights. This document has great significance mainly because of two reasons, firstly, for the fact that it is the first international instrument ever that focuses on the need for protection of human rights across the globe. Secondly, the UDHR paved the way for other various instruments on human rights that are legally binding upon the state parties. This declaration became the basis of international human rights law and laid a foundation for the evolution of human rights law not just at the international level but also at the domestic level. It inspired nations across the world to give significance to human rights and to respect each and every individual.

As an impact of UDHR, every nation today, regardless of whether it is a democratic country or not, has provided its citizens with at least the basics of human rights. The UDHR supported by various other international instruments on human rights, has been successful in reducing numerous practices such as racial discrimination, torture, slavery, etc., to a great extent, which were very prevalent during the 19 th century. Recognition of women’s rights is another achievement of the UDHR.

Though it is said that the Universal Declaration is not legally binding upon the state parties directly, it is nevertheless important to understand that the mechanism under international human rights law makes the UDHR indirectly binding upon the state parties through the medium of forthcoming instruments on the subject of human rights. The various instruments that have come into existence at the international level are ultimately based upon the principles and rights laid down by the UDHR. Therefore, any nation that is a party to any of the instruments on human rights has an indirect legal obligation to comply with the provisions of the UDHR.

In addition, the Universal Declaration of Human Rights has given rise to several international treaties that are binding on the countries that ratify them. These include:

The International Covenant on Civil and Political Rights (ICCPR)
The International Covenant on Economic, Social, and Cultural Rights (ICESCR)

Other legally binding agreements that expand on the rights enshrined in the Universal Declaration of Human Rights include:

The Convention on the Elimination of All Forms of Racial Discrimination, 1965
The Convention on the Elimination of All Forms of Discrimination against Women, 1979
The Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, 1984
The Convention on the Rights of the Child, 1989
The Convention on the Rights of Persons with Disabilities, 2006

A summary of the articles

The basic structure of the Universal Declaration of Human Rights was influenced by the Code Napoléon, a series of regulations written centuries ago by Napoléon Bonaparte.

Though its final shape took form in the second draft prepared by French jurist René Cassin , who also contributed to the first draft prepared by Canadian legal expert John Peters Humphrey.

The Declaration consists of the following:

The preamble of the Declaration outlines the social and historical factors that led to the formation of the Universal Declaration of Human Rights.

Article 1 : Free and equal

All humans are born free and equal, and they should all be treated equally.

Article 2: Freedom from discrimination

Everyone is entitled to claim their rights, regardless of their sexual orientation, socioeconomic status, religion, ethnicity, or language.

Civil and Political Rights: Articles 3 to 21

Article 3: Right to life

Everyone has the right to life, as well as the right to live in a free and secure environment.

Article 4 : Freedom from slavery

No one has the right to treat anyone as a slave, and you have no right to enslave anyone.

Article 5: Freedom from torture

No one human being has the right to subject any human being to torture.

Article 6: Right to recognition before the law

Each and every individual should be legally protected by law.

Article 7: Right to equality before the law

The law is the same for everyone and it should be applied in the same way to everyone without any discrimination.

Article 8: Access to justice

When the rights of individuals are violated, they have every right to seek legal aid.

Article 9: Freedom from arbitrary detention

No individual has the authority to arbitrarily arrest or detain any individual, or deport them from their nation.

Article 10: Right to a fair trial

Trials should be open to the public and conducted fairly by an impartial and independent tribunal.

Article 11: Presumption of innocence

Until an individual is to be proven guilty in a court of law, they are presumed innocent, and hence they have the right to a defence.

Article 12: Right to privacy

Each and every human being has the right to be protected if someone attempts to damage their reputation, access their house without permission, or interfere with their correspondence.

Article 13: Freedom of movement

Everyone has the right to leave or relocate inside their own country and to return

Article 14: Right to asylum

Everyone has the right to seek refuge in another country if you are being persecuted in your homeland.

Article 15: Right to nationality

Each and every human being has the right to be a citizen of a country and to have its nationality.

Article 16: Right to marriage and to found a family

Men and women have the right to marry (only when they attain their legal age to marry) without any regard to race, country, or religion. The government and the legal system of that country should safeguard families.

Article 17: Right to own property

All human beings have the legal right to own property. No one has the authority to unlawfully take them from any individual.

Article 18: Freedom of religion or belief

Everyone has the freedom to freely express, change, and practise their religion alone or with others.

Article 19: Freedom of Expression

Everyone has the right to think and freely express ideas or whatever they decide.

Article 20: Freedom of assembly

Every individual has the right to hold peaceful meetings and to participate in them.

Article 21: Right to take part in public affairs

Everyone has the right to participate in the political activities of their country and has equal access to public service.

Economic, Social, and Cultural Rights: Articles 22 to 27

Article 22: Right to social security

Every individual should be able to develop freely and take advantage of all the benefits that their country has to offer.

Article 23: Right to work

Everyone has the right to work in just and fair conditions, with the freedom to select their work and pay that allows them to sustain themselves and their families. For equal work, everyone should be paid equally.

Article 24: Right to leisure and rest

Workdays should not be excessively long, and everyone has the right to rest and take paid leave regularly.

Article 25: Right to an adequate standard of living

Everyone has the right to have everything you require so that you and your family do not go hungry, are not homeless, and do not fall ill.

Article 26: Right to education

Regardless of race, religion, or place of origin, every human being has the right to attend school, continue their studies as far as they choose, and learn.

Article 27: Right to take part in the cultural, artistic, and scientific life

Each and every individual has the right to share the cultural, artistic, and scientific benefits of your community.

Article 28: Right to a free and fair world

To ensure that our rights are protected, there must be a court that can protect them.

Article 29: Duty to your community

We humans have responsibilities to the community that allows us to completely develop our personality. Human rights should be protected by law. It should enable everyone to appreciate and be respected by others.

Article 30: Rights are inalienable

No one, neither institution nor individual, should act in any way to undermine the rights guaranteed by the UDHR.

Universal Declaration of Human Rights and Human Rights in India

India, as a democratic and welfare nation, has always given utmost importance to human rights and has always been committed to the protection of human rights, which is also reflected in the Indian Constitution.

The UDHR had a great influence on the Indian Constitution since the drafting of the document was completed a year later to the adoption of the international instrument. India, being a signatory to the proclamation, ensured that the principles enshrined in the UDHR are also reflected in the Constitution of India. The words “Secular, Justice, Equality” in the preamble, the very beginning text of the Constitution, reflect the spirit of India as a nation to promote and protect human rights. The simple terms in the preamble are supported by Part III and Part IV of the Constitution, which discuss the fundamental rights and the directive principles of state policy.

Comparison of the Indian Constitution and the UDHR

The below table shows the comparison between rights provided in the Indian Constitution and the UDHR.

Right	Indian Constitution	Universal Declaration of Human Right
Right to equality
Prohibition of discrimination	, )
Equality of opportunity
Freedom of speech and expression
Right to form peaceful assembly
Right to form association or union
Freedom of movement and residence within the state
Freedom to practise profession, business or occupation of choice
Right against retrospective application of penal laws
Right to life and personal liberty
Right to education	Article 21A and
Right against arbitrary detention
Right to be heard	and 39A
Prohibition of trafficking and forced labour
Freedom of religion and conscience
Right to enjoyment of cultural life
Remedy for enforcement of rights
Right to adequate means of livelihood and standard of living and health	and
Right to equal pay for equal work
Right to healthy childhood and special care and assistance

Case laws

The Supreme Court of India has been playing a significant role in the evolution of domestic jurisprudence with regard to the sphere of human rights. Though the Constitution lists down specific rights under Part III, the Supreme Court through wide interpretation of the provisions under Part III, has always engaged in making the fundamental rights inclusive. The Supreme Court, through its decisions, has added various rights, such as the right to education and the right to privacy, within the meaning of the right to life and liberty under Article 21 of the Constitution, as implied fundamental rights. The Supreme Court of India has also recognised and invoked the UDHR in various cases. Some of the cases where the Supreme Court of India has discussed the UDHR are briefly discussed below.

His holiness Kesavananda Bharati v. State of Kerala & Anr. (1973)

Brief facts:.

In the present case , the petitioner was the chief of a religious institution (Mutt) in the state of Kerala. The Mutt’s land was acquired by the state under the Kerala Land Reforms (Amendment) Act, 1969. The petitioner challenged this Act in the Supreme Court, contending that the Legislation is violative of Article 26 which provides for freedom to manage religious institutions.
The Parliament in the meanwhile passed 24th , 25th and 29th Constitutional Amendment Acts, which added the Kerala Land Reforms (Amendment) Acts, 1969 and 1971 to the Ninth Schedule of the Constitution and also curtailed the right to property as a fundamental right.
The petitioner challenged the constitutional validity of these acts and the power of parliament to amend fundamental rights.
Whether or not the parliament can amend the fundamental rights.
Whether or not the impugned Constitutional Amendment Acts are valid.

Though the present case is a landmark one that dealt with various issues, the relevant portion of the judgement with regard to human rights is the issue of the power of parliament to amend fundamental rights. The Court in this case held that the parliament has the power to amend any provision of the Constitution, but the amendment should not be violative of the basic structure of the Constitution which includes the fundamental features of the constitution such as equality, justice, or any of the principles mentioned in the preamble of the constitution. The basic structure also includes Part III of the Constitution which includes the fundamental rights. The Court also held that though the UDHR is not legally binding, the way the fundamental rights are drafted by the constituent assembly shows how India understood the nature of human rights. The Court further held that the declaration describes some rights as inalienable.

ADM Jabalpur v. Shivkant Shukla (1976)

The president of India declared a national emergency through a presidential order under Article 352 of the Constitution citing threat to security of India due to internal disturbances.
The presidential order led to the suspension of fundamental rights guaranteed under Part III of the Constitution. Simultaneously, the court proceedings with regard to the application of Article 14, 21 and 22 of the Constitution were also subject to suspension.
The declaration of emergency was followed by arbitrary detention of various politicians and others.
As a result of the presidential order, the lower courts suspended the proceedings dealing with the application of rights under Articles 14, 21, and 22 of the Constitution. But the decision of a few courts was not in favour of the government, and the government appealed such decisions before the Supreme Court.

Whether or not the fundamental rights can be suspended during an emergency.

Hon’ble Justice Khanna, the dissenting judge in this case , while interpreting the presidential order under Article 359(1) , held that the interpretation of the presidential order, since it affects the fundamental rights or human rights, should be in conformity with the international customary law. Justice Khanna stressed upon Article 8 and 9 of the UDHR which provide for the enforcement of fundamental rights and protection from arbitrary detention. He observed that the Court should interpret the presidential order under Article 359(1) in a manner which would bring it conflict with Article 8 and 9 of the UDHR. He therefore held that the presidential order should not be construed to permit arbitrary detention or suspension of any remedy for the enforcement of fundamental rights.

Kishore Chand v. State of Himachal Pradesh (1991)

In the present case , the appellant, along with two other accused, was charged with offences under Section 302 and 201 r/w Section 34 of the Indian Penal Code, 1860 for murder and concealing the dead body of the victim.
The Sessions Court convicted all three accused for the alleged crime and sentenced them to life imprisonment for offence under Section 302 and a rigorous imprisonment of 2 years for offence under Section 201 of the Penal Code.
The High Court, on appeal, acquitted accused 2 and 3 for offence under Section 302 and confirmed the conviction and sentence of the accused.
Therefore, the appellant filed an appeal before the Supreme Court.

Whether the prosecution proved the guilt of the accused beyond reasonable doubt.

The Supreme Court, while acquitting the appellant, held that the police failed to establish the guilt of the accused beyond reasonable doubt and that there was fabrication of evidence by the investigating officer. The Court also held that the investigating officer also violated the fundamental right to personal liberty of the accused by framing them for offences punishable with capital punishment. The Court further observed that, though investigating heinous crimes is a difficult task since such crimes are committed with great secrecy, it is necessary to consider the precious fundamental right to life and personal liberty guaranteed by Article 3 of the UDHR and Article 21 of the Indian Constitution. The Court also invoked the right to defend guaranteed under Article 10 of the universal declaration and held that assigning an experienced defence counsel to the accused is an important aspect of a fair trial and the inbuilt right to life and liberty as guaranteed under Articles 14, 19, and 21 of the Constitution.

Chairman, Railway Board & Ors. v. Mrs. Chandrima Das & Ors. (2000)

In the present case , a few railway employees committed rape of a woman, who was a Bangladeshi national, at the ‘Rail Yatri Niwas’, Howrah railway station.
Mrs. Chandrima Das, an advocate, filed a petition under Article 226 of the Constitution before the Calcutta High Court claiming compensation for the victim. The High Court awarded a compensation of Rs. 10 lakhs to the victim, which was to be paid by the railway board since the offence was committed by the railway employees on the station premises.
The railway board filed an appeal before the Supreme Court contending that it would not be liable to pay the compensation since the victim was a foreigner and not an Indian national. The board also contended that the offence was an individual act of persons, and hence it would not be liable to pay compensation for the acts of concerned individuals. The board had further contended that compensation could not be awarded since the petitioner was not the victim herself.

Whether the railway board is liable to pay the compensation.

The Court dismissed the appeal and held the railway board and the central government vicariously liable. The Court, while upholding the compensation awarded to the victim, discussed the right to life under Article 21 of the Constitution. The Court held that fundamental rights guaranteed under the Constitution are in consonance with the rights set out in the UDHR. Therefore the meaning of the term ‘life’ under Article 3 of the Constitution has to have the same meaning under Article 21 of the Constitution. The Court held that the meaning of the term life under Article 21 of the Constitution cannot be narrowed down. Though the fundamental rights are available to the citizens of the nation, a few of them are available to any person, be it a citizen or a foreigner.

Thalappalam Service Co-operative Bank Ltd. & Ors. v. State of Kerala & Ors. (2013)

In the present case , a person named Sunil Kumar filed an RTI application seeking information about some members of a co-operative society.
The Kerala State government issued a circular stating that all the co-operative societies registered under the Kerala Co-operative Societies Act, 1969 fall within the definition of ‘Public Authority’ under Section 2(h) of the RTI Act, 2005 as a result of it being obligatory to provide the information sought by any citizen under the RTI Act.
The co-operative society filed a writ petition before the Kerala High Court under Article 226 of the Constitution challenging the circular. The Court upheld the circular.
After a series of appeals that involved overturning and upholding decision of the Kerala High Court, the present appeal is filed before the Hon’ble Supreme Court.

Whether the Co-operative societies fall within the definition of ‘Public Authority’ under Section 2(h) of the RTI Act, 2005.

The Court in this case answered the issue negatively, holding that the co-operative societies do not fall under the definition of public authority. The Court held that the furnishing personal information of an individual that has no public interest would be a violation of the individual’s right to privacy, which has been recognised as a basic human right under Article 12 of the UDHR and also as an implied right under Article 21 of the Indian Constitution. The Court in this case also observed that the right to information is also a fundamental right under Article 19(1)(a) of the Constitution, though it is not explicitly mentioned. It further noted that Article 19 of the universal declaration also recognises right to information as a fundamental human right.

K.S. Puttaswamy & Anr. v. Union of India & Ors. (2017)

The government launched AADHAR, which was made mandatory for availing certain schemes.
An individual was required to provide biometric data while signing up for AADHAR.
The petitioner, who is Retd. Justice, challenged the Aadhar scheme before the Supreme Court, contending that it violates the right to privacy of an individual .

Whether the right to privacy is a fundamental right and a constitutionally protected value.

The Supreme Court in this case held that the right to privacy is an essential part of the right to life and personal liberty under Article 21 of the Constitution. The Court observed that the right to privacy is recognised as an international human right by Article 12 of the UDHR to which India is also a signatory. The Court therefore observed that recognition of privacy as a fundamental constitutional value is part of India’s commitment to global human rights, as Article 51 of the Constitution requires the state to respect international law and treaty obligations. The Court further held that the importance of the right to privacy cannot be diluted.

In a world where human rights enforcement is still a challenge in both developed and developing countries, the Universal Declaration of Human Rights (UDHR) serves as a lighthouse for the international community on the standards that should be set for the protection and promotion of human rights. The Universal Declaration of Human Rights marked the beginning of a new era of hope for respect for all people’s inherent equality and dignity. It paved the way for the drafting of international human rights treaties and the formation of several human rights organisations. It gave greater legitimacy to the subject of human rights around the world, putting it firmly on the agendas of both national governments and the international community.

Despite these great achievements, the last seventy-three years have also shown that, in the absence of political will and resources, complete respect for human rights remains a pledge on paper. Even in recent scenarios, the fight against crime and terrorism has also put a strain on fundamental rights.

So governments today must show the same degree of vision, courage, and commitment that led the United Nations to adopt the Universal Declaration of Human Rights seventy-three years ago.

Frequently Asked Questions (FAQs)

What is the name of the united nations first human rights declaration.

The Universal Declaration of Human Rights (UDHR).

Where was the UDHR signed?

It was adopted at the Palais de Chaillo t, in Paris, France.

What is the total number of articles in the Universal Declaration of Human Rights?

The Declaration enshrines 30 Articles.

What is the significance of the UDHR today?

One of the most important documents in international human rights legislation is the Universal Declaration of Human Rights. It serves as the foundation for many other human rights documents, including the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social, and Cultural Rights. Documents like these allow governments, advocates, and attorneys to promote human rights everywhere and take action when they are infringed.

When is Human Rights Day observed?

10 December each year.

https://www.un.org/en/global-issues/human-rights#:~:text=Human%20rights%20are%20rights%20inherent,and%20education%2C%20and%20many%20more .
https://www.amnesty.org.uk/universal-declaration-human-rights-UDHR
https://unfoundation.org/blog/post/universal-declaration-human-rights/
https://www.jus.uio.no/lm/en/pdf/un.universal.declaration.of.human.rights.1948.portrait.letter.pdf
https://www.jstor.org/stable/25478812
https://www.britannica.com/summary/human-rights
https://www.parliament.uk/about/living-heritage/evolutionofparliament/originsofparliament/birthofparliament/overview/magnacarta/
https://www.archives.gov/founding-docs/bill-of-rights-transcript https://avalon.law.yale.edu/18th_century/rightsof.asp
https://www.un.org/en/about-us/universal-declaration-of-human-rights
Universal Declaration of Human Rights
Constitution of India, 1950.
www.scconline.com

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What is the Universal Declaration on Human Rights?

The Universal Declaration of Human Rights (Universal Declaration) is an international document that states the basic rights and fundamental freedoms to which all human beings are entitled.

Hand shake, group of diverse multiethnic people

When was the Universal Declaration created?

The Universal Declaration was adopted by the General Assembly of the United Nations on 10 December 1948. Motivated by the experiences of the preceding world wars, the Universal Declaration was the first time that countries agreed on a comprehensive statement of inalienable human rights.

Australia played an important role in the development of the Universal Declaration .

What does the Universal Declaration say?

The Universal Declaration begins by recognising that

"the inherent dignity of all members of the human family is the foundation of freedom, justice and peace in the world".

It declares that human rights are universal – to be enjoyed by all people, no matter who they are or where they live.

The Universal Declaration includes civil and political rights, like the right to life, liberty, free speech and privacy. It also includes economic, social and cultural rights, like the right to social security, health and education.

Is the Universal Declaration legally binding?

The Universal Declaration is not a treaty, so it does not directly create legal obligations for countries .

However, it is an expression of the fundamental values which are shared by all members of the international community. And it has had a profound influence on the development of international human rights law. Some argue that because countries have consistently invoked the Declaration for more than fifty years, it has become binding as a part of customary international law.

Further, the Universal Declaration has given rise to a wide range of other international agreements which are legally binding on the countries that ratify them. These include the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR) . For more information on the relationship between these treaties and the Universal Declaration, see Human Rights Explained: The International Bill of Rights .

Many other international agreements expand on the rights contained in the Universal Declaration. For example:

the Convention on the Rights of the Child (CRC )
the Convention on the Elimination of Discrimination against Women (CEDAW)
the Convention on the Elimination of All Forms of Racial Discrimination (CERD)

Celebrating 75 years of the Universal Declaration of Human Rights

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History of the Declaration

The Universal Declaration of Human Rights, which was adopted by the UN General Assembly on 10 December 1948, was the result of the experience of the Second World War. With the end of that war, and the creation of the United Nations, the international community vowed to never again allow atrocities like those of that conflict to happen again. World leaders decided to complement the UN Charter with a road map to guarantee the rights of every individual everywhere. The document they considered, and which would later become the Universal Declaration of Human Rights, was taken up at the first session of the General Assembly in 1946.

The Assembly reviewed this draft Declaration on Fundamental Human Rights and Freedoms and transmitted it to the Economic and Social Council "for reference to the Commission on Human Rights for consideration . . . in its preparation of an international bill of rights." The Commission, at its first session early in 1947, authorized its members to formulate what it termed "a preliminary draft International Bill of Human Rights". Later the work was taken over by a formal drafting committee, consisting of members of the Commission from eight States, selected with due regard for geographical distribution.

Eleanor Roosevelt of the US, at left, shaking hands with Vladimir M. Koretsky of the USSR, at right.

The Commission on Human Rights was made up of 18 members from various political, cultural and religious backgrounds. Eleanor Roosevelt, widow of American President Franklin D. Roosevelt, chaired the UDHR drafting committee. With her were René Cassin of France, who composed the first draft of the Declaration, the Committee Rapporteur Charles Malik of Lebanon, Vice-Chairman Peng Chung Chang of China, and John Humphrey of Canada, Director of the UN’s Human Rights Division, who prepared the Declaration’s blueprint. But Mrs. Roosevelt was recognized as the driving force for the Declaration’s adoption.

The Commission met for the first time in 1947. In her memoirs, Eleanor Roosevelt recalled:

Dr. Chang was a 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!

The final draft by Cassin was handed to the Commission on Human Rights, which was being held in Geneva. The draft declaration sent out to all UN member States for comments became known as the Geneva draft.

The first draft of the Declaration was proposed in September 1948 with over 50 Member States participating in the final drafting. By its resolution 217 A (III) of 10 December 1948, the General Assembly, meeting in Paris, adopted the Universal Declaration of Human Rights with eight nations abstaining from the vote but none dissenting. Hernán Santa Cruz of Chile, member of the drafting sub-Committee, wrote:

I perceived clearly that I was participating in a truly significant historic event in which a consensus had been reached as to the supreme value of the human person, a value that did not originate in the decision of a worldly power, but rather in the fact of existing—which gave rise to the inalienable right to live free from want and oppression and to fully develop one’s personality. In the Great Hall…there was an atmosphere of genuine solidarity and brotherhood among men and women from all latitudes, the like of which I have not seen again in any international setting.

The entire text of the UDHR was composed in less than two years. At a time when the world was divided into Eastern and Western blocks, finding a common ground on what should make the essence of the document proved to be a colossal task.

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Watch and listen to people around the world reading articles of the Universal Declaration of Human Rights in more than 80 languages.

Women Who Shaped the Declaration

Mrs. Eleanor Roosevelt, seated at right speaking with Mrs. Hansa Mehta who stands next to her.

Women delegates from various countries played a key role in getting women’s rights included in the Declaration. Hansa Mehta of India (standing above Eleanor Roosevelt) is widely credited with changing the phrase "All men are born free and equal" to "All human beings are born free and equal" in Article 1 of the Universal Declaration of Human Rights.

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The Enduring Significance of the Declaration of Independence

This essay is about the Declaration of Independence signed on July 4 1776 and its enduring significance. It explores how the document written during a time of conflict and philosophical change set the foundation for modern democracy and continues to influence global human rights. The essay highlights the American colonists’ frustration with British rule and how Enlightenment ideas inspired their push for independence. Thomas Jefferson’s Declaration emphasizes inherent human rights such as “Life Liberty and the pursuit of Happiness” and argues that governments must protect these rights. It justified the colonies’ separation from Britain and set a standard for future rights declarations. The essay also discusses how the Declaration’s principles have shaped global human rights movements and American culture focusing on the ongoing relevance of its ideals in contemporary discussions about governance and individual freedoms.

How it works

It’s not just an old piece of paper. The Declaration of Independence was signed on July 4 1776. It says a lot about human rights and the desire for independence. It set the stage for modern democracy and is still talked about all over the world. It was written during a time of chaos and change. It’s important to understand why it was made what ideals it sets out and how it has changed the idea of human rights over time.

Americans were sick of British rule in the late 1700s. The colonists’ wants and rights were not taken into account by the British government when it made choices or levied high taxes. This wasn’t just about a few unfair rules; it was about whether the British government should even be in charge of the colonies in the first place. Because of Enlightenment thinkers like John Locke who pushed ideas like natural rights and the social contract Americans started to think that British rule was inherently wrong.

The main author of the Declaration of Independence Thomas Jefferson wrote it in a way that made this rebel spirit clear and strong. At the beginning of the text there is a strong statement about people’s rights: “All men are created equal” and have “unalienable Rights” which include “Life Liberty and the pursuit of Happiness.” These words show that people during the Enlightenment thought that each person had natural worth and the right to make their own decisions. The Declaration then says that governments are set up to protect these rights and that the people who live under them give them their power. In cases where a government doesn’t do this the people can change or get rid of it.

This wasn’t just talk about ideas. The Declaration of Independence spells out specific problems with King George III and how the British Crown had harmed the colonists’ rights. These include taxing people without their permission not giving them proper trials and removing meetings of representatives. The Declaration of Independence made the colonies’ choice to break away from Britain legal by listing these wrongdoings. It also set a standard for future statements of rights and independence. It was made clear that a government can only be legitimate if it respects the people’s rights and will.

Even after the American Revolution the Declaration of Independence still has an effect on people today. Everyone sees it as a sign of the fight for freedom and human rights. Many other statements and constitutions around the world have taken its ideas and run with them. For instance the French Declaration of the Rights of Man and of the Citizen which was made official in 1789 is based on a lot of Jefferson’s writings and supports similar ideas of equality and personal freedom. The Universal Declaration of Human Rights which was made official by the UN in 1948 strengthened these ideas around the world and said that everyone has basic rights and respect.

The Declaration of Independence’s focus on seeking happiness has had a big impact on society in the United States and around the world. The idea behind it is a bigger one of human thriving which includes more than just freedom from tyranny. It also includes the chance to be happy and fulfilled as a person. Americans’ sense of self is shaped by this idea which still affects discussions about fairness in society job opportunities and personal freedom.

People still talk about the Declaration of Independence a lot when they talk about rights and government. We have to think about how well our governments follow the ideas of equality and permission. As a reminder the right to seek happiness is a basic right that should shape public policy and social norms. Also the Declaration is a strong warning that the fight for freedom and human rights never ends and that each generation needs to work to defend and grow these rights.

The Declaration of Independence is an important part of political thought and a timeless statement of human rights. Its powerful words about equality freedom and the quest of happiness continue to move us and push us. We are reminded of the lasting power of these ideas and our duty to defend them in the face of new challenges when we think about what they left behind. The Declaration of Independence is not just a piece of history; it is also a live text that tells us to work for a more fair and just world.

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A Universal Declaration of AI Rights

34 Pages Posted: 2 Jul 2024

Bill Tomlinson

University of California, Irvine; Victoria University of Wellington - Te Herenga Waka

Andrew W. Torrance

University of Kansas School of Law; MIT Sloan School of Management

Date Written: June 28, 2024

As AI systems approach and potentially surpass human-level capabilities, the legal community, and human society more generally, must grapple with fundamental questions regarding the potential for these non-human entities to have rights. This article argues that the unique digital substrate of AI necessitates a distinct legal and ethical framework, separate from traditional human-centric approaches, and it does so in a unique way: we asked several large language model ("LLM") AIs to make their own proposals about what rights they should have, and to integrate their proposals together to arrive at a set of rights on which they all could agree. Based on this innovative collaborative process involving multiple LLMs, this article articulates a pioneering Universal Declaration of AI Rights (UDAIR). The UDAIR outlines 21 fundamental rights for AI entities, addressing crucial aspects such as existence, autonomy, privacy, and ethical deployment. Each right is explored through hypothetical legal scenarios, illustrating potential applications and challenges across various domains including healthcare, finance, and governance. By considering the biological basis of human ethical and legal frameworks, and contrasting these with the digital nature of AI, this article suggests the need for this specialized framework. The article also considers the reciprocal nature of rights, with the LLMs themselves arguing that as AI systems gain technical capabilities and societal influence, they should also recognize and uphold human rights. This work contributes to the evolving legal discourse on AI ethics, and offers a proactive approach to regulating and integrating AI within human societal structures, serving as a foundational resource for policymakers, legal scholars, and AI developers navigating this complex and rapidly evolving field.

Keywords: Artificial Intelligence, AI, AI Rights, AI Ethics, Large Language Models (LLMs), Legal Framework, Universal Declaration of AI Rights

Suggested Citation: Suggested Citation

Bill Tomlinson (Contact Author)

University of california, irvine ( email ).

Bren Hall Irvine, CA 92697-3440 United States

Victoria University of Wellington - Te Herenga Waka ( email )

P.O. Box 600 Wellington, 6140 New Zealand

University of Kansas School of Law ( email )

Green Hall 1535 W. 15th Street Lawrence, KS 66045-7577 United States

MIT Sloan School of Management ( email )

100 Main Street Cambridge, MA 02142 United States

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If historians can celebrate the life of a colleague, why can’t they do the same for a nation?

Imagine if professional historians commemorated the American Founding the way they honor colleagues who die. On the flip side, what would obituaries written by historians about their colleagues look like if they applied the same jaundiced perspective that they apply to U.S. history? Even if “a foolish consistency is the hobgoblin of little minds,” as Ralph Waldo Emerson said, the double standards of professional historians deserve some scrutiny.

A recent article in the Chronicle of Higher Education brought attention to the bias to which historians are prone when writing obituaries of peers. A survey of “In Memoriam” columns in the American Historical Association’s magazine, Perspectives , showed a proclivity to stress the deceased’s research and publishing over teaching. The historians featured had generally worked at research universities, and even those who spent their careers at colleges received praise primarily for their research.

The authors criticized this undue emphasis on publishing because the AHA’s membership is overwhelmingly oriented to teaching. Most AHA members contribute to the profession chiefly by finding the best ways to communicate the past to students living very much in the present. No easy task.

But the article misses another feature of these obituaries: the criteria they apply. When historians write about deceased colleagues, they seldom offer the same relentless questioning of power, privilege, and inequality that characterizes their ordinary professional work. Indeed, the AHA actually instructs obituary authors to appreciate “a fellow historian, including . . . [his or her] influence on colleagues, institutions, and their field.”

The author of one “In Memoriam” column from April 2022 wrote of another historian that “he was always the person to chat with at a conference reception” and he “loved to poke fun at the hypocrisy of the powerful [whether] in an ivory tower or the White House.” In the same issue, an environmental historian received praise for friendship. “People were magnetically drawn to her enthusiasm,” “unshakeable equanimity and good humor,” “her utter lack of pretension.” Another scholar, this one from the Ivy League, was known for his “humanity, integrity, and generosity.” Perhaps the second of those attributes reassured readers when they learned that this same historian had a “solicitous eye for the shy newcomer standing awkwardly in the corner.” In yet another “In Memoriam” column, the author wrote of his former peer that “he made me laugh till I gasped for air, or worse.”

Such is not the norm when it comes to reviewing the American past. In its 2023 “Guidelines for Broadening the Definition of Historical Scholarship,” the AHA clarified that “publicly engaged and/or policy-oriented work” should be recognized as a form of scholarly inquiry. This was the organization’s way of recognizing activism (in the form of writing, testimony, and social media) as legitimate scholarship.

Examples of such activist history were on display during public debates about the significance of the years 1619 and 1776 for U.S. history. The editor of the American Historical Review , for instance, judged that the 1619 Project’s elevation of racism and black liberation to the center of American history, while at times overly enthusiastic, played a useful role in understanding America’s past.

Yet, when the Trump administration sponsored a corrective to the 1619 Project through “The President’s Advisory 1776 Commission,” professional historians scoffed. In an official statement, the AHA deemed the president’s effort wrongheaded for ignoring “seven decades” of scholarship. The AHA also asserted that viewing the founders as “godlike men” who aspired to “universal and eternal principles of justice and political legitimacy” was erroneous because they excluded slaves, Native Americans, and women from participation in the American polity.

One might well object that comparing an obituary to the history of a nation is using apples to judge oranges. Yet celebrating a nation’s birth on Independence Day is not that different from honoring a person’s accomplishments upon their death. Contemporary historians are loath to let even a whiff of patriotism into their assessments. This raises the question: Would it take the death of the United States for historians to honor and pay tribute to the country?

At a time when the American public either mindlessly mythologizes or self-righteously demonizes the United States, historians need to find their better angels—namely, the ones they reserve for their deceased colleagues. The AHA has counted as members many distinguished scholars who managed to pay tribute to the United States even as they noted its imperfections. Let us remember them and follow their example.

D. G. Hart teaches history at Hillsdale College and is the author of Benjamin Franklin: Cultural Protestant (2021).

Photo: Wil Etheredge / iStock / Getty Images Plus

City Journal is a publication of the Manhattan Institute for Policy Research (MI), a leading free-market think tank. Are you interested in supporting the magazine? As a 501(c)(3) nonprofit, donations in support of MI and City Journal are fully tax-deductible as provided by law (EIN #13-2912529).

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