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Universality of Human Rights
Universality of human rights means that human rights must be
the same everywhere and for everyone. By virtue of being human,
every individual is entitled to inalienable rights and freedoms. These
rights ensure the dignity and worth of the human person and
guarantee human well-being.
The 1993 World Conference noted that “it is the duty of the states,
regardless of their political, economic and cultural systems, to
promote and protect all human rights.”
s means that civil and
ghts are also indivisible. Thi
mic, social and cultural
Human ri
political rights, on the one hand, and econo
143t has priorit
rights, on the other, must be treated equally Neither se p y
s for the use
over the other. Although every country must set prioritie
of its resources at any given time, this is not the same as choosing
between specific rights. We must not be selective, for these rights
are interrelated and interdependent. F reedom from fear and want are
inextricably linked to freedom of speech and belief. The right to
education is linked to health, and there is a clear connection between
a mother’s literacy and the health of her children.
Universality is, in fact, the essence of human rights; all people are
entitled to them, all governments are bound to observe them, all state
and civil actors should defend them. The goal is nothing less than all
human rights for all.
History of Human Rights
Throughout history, people acquired rights and responsibilities
through their membership in a group - a family, indigenous nation,
religion, class, community, or state.
In 539 BC, Cyrus the Great, after conquering the city of Babylon,
did something totally unexpected-he freed all slaves to return home.
Moreover, he declared people should choose their own religion. The
Cyrus Cylinder, a clay tablet containing his statements, is the See
human rights declaration in history. style ea
it ant
The idea of human rights spread quickly to India, Greece and
eventually Rome, The most important advances since then have
included an oe sts
1 5: The Magna Carta- gay: sii
‘ - gave people new
pe to the law, Ip i rights andl 3
tau Vinee
theta i a ant laa Bis, The United States Declaration of Independence-proclaimed
«right to life, liberty and the pursuit of happiness,
sv. The Declaration of the Rights of Man and of the Citizen- a
ocument of France, stating that all citizens are equal under the law.
contemporary International Human Rights Law and the
establishment of the United Nations (UN) have important historical
antecedents. Efforts in the 19" century to prohibit the slave trade and
to limit the horrors of war are prime examples. In 1919, countries
established the International Labor Organization (ILO) to oversee
treaties protecting workers with respect to their rights, including
their health and safety. Concern over the protection of certain
minority groups was raised by the League of Nations at the end of
the First World War. However, this organization for international
peace and cooperation, created by the victorious European allies,
never achieved its goals. The League floundered because the United
States refused to join and because the League failed to prevent
Japan’s invasion of China and Manchuria (1931) and Italy’s attack
on Ethiopia (1935). It finally died with the onset of the Second
World War (1939). :
The idea of human rights emerged stronger after World War II.
The extermination by Nazi Germany of over six million Jews, Sinti
and Romani (gypsies), homosexuals, and persons with disabilities
horrified the world. Trials were held in Nuremberg and Tokyo after
World War II, and officials from the defeated countries were
punished for committing war crimes, "crimes against peace,” and
"crimes against humanity."
Governments then committed themselves to establishing the
United Nations, with the primary goal of bolstering international
145peace and prev enting conflict People wanted to ensure that never
again would anyone be unjustly denied life, freedom, food, shelter,
and nationality. The essence of these emerging human rights
principles was captured in President Franklin Delano Roosevelt's
104) State of the Union Address when he spoke of a world founded
on four essential freedoms: freedom of speech and religion and
freedom from want and fear. The calls came from across the globe
for human rights standards to protect citizens from abuses by their
governments, standards against which nations could be held
accountable for the treatment of those living within their borders.
These voices played a critical role in the San Francisco meeting that
drafted the United Nations Charter in 1945.
Universal Declaration of Human Rights (UDHR)
Member states of the United Nations pledged to promote respect
for the human rights of all. To advance this goal, the UN established
a Commission on Human Rights and charged it with the task of
drafting a document spelling out the meaning of the fundamental
rights and freedoms proclaimed in the Charter. The Commission,
guided by Eleanor Roosevelt’s forceful leadership, captured the
world’s attention.
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On December 10, 1948, the Universal Declaration of Human
Rights (UDHR) was adopted by the 56 members of the United
Nations, The yote was unanimous, although eight nations chose to
abstain, { rae
The UDHR, commonly referred to as the International Magna
Carta, extended the revolution in international law ushered in by the
United Nations Charter - namely, that how a government treats its
Own citizens is now a matter of | legitimate international concern, andsimply @ domestic issue, Tt claims that all rights are
-pdependent and indivisible. Its Preamble eloquently asserts that:
Recognition of the inherent dignity and of the equal and
enable rights of all members of the human family is the
indation of freedom, justice, and peace in the world.
The influence of the UDHR has been substantial. Its principles
:ave been incorporated into the constitutions of most of more than
|85 nations now in the UN, Although a declaration is not a legally
binding document, the Universal Declaration has achieved the status
of customary international law because people regard it “as a
common standard of achievement for ail people and all nations me
Basic International Human Rights Documents: ICCPR &ICESCR {
With the goal of establishing mechanisms for enforcing the
UDHR, the UN Commission on Human Rights proceeded to draft
two treaties: the Jnternational Covenant on Ciyil and Political Rights
(ICCPR) and its optional Protocol and the International Covenant
on Economic, Social and Cultural Rights (ICE. . Together with
the Universal-Declarationstheyare-commonly referred to as the
International Bill of Human Rights. The ICCPR focuses on such
issues as the right to life, freedom of speech, religion, and voting.
The ICESCR focuses on such issues as food, education, health, and
shelter. Both covenants trumpet the extension of rights to all persons
and prohibit discrimination, Furthermore, Article 26 of the ICCPR
established a Human Rights Committee of the United Nations
composed of eighteen human rights experts, the Committee is
responsible for ensuring that each signatory to the ICCPR complies
with its terms, The Committee examines reports submitted by
countries every five years (to ensure they are in compliance withthe ICCPR), and issues findings based on a country’s
As of 1997, over 130 nations have ratified these cove
In addition to the covenants in the International
Rights, the United Nations has adopted more
treaties further elaborating human rights, The
(Convention on the El
against Women, 1979), and chi