Formal Statements of Human Rights

Formal Statements of Human Rights

Creation of the UDHR

The Universal Declaration of Human Rights was created by the UN General Assembly on 10 December 1948.

The declaration was adopted on 10 December 1948 and was originally signed by 48 of the 58 states that existed in the world at that time.

Creation of the UDHR

The UN General Assembly proclaimed in the statement made on this day that:

"Governments of member states show their adherence to Article 56 of the charter by using every means within their power solemnly to publicize the text of the declaration and to cause it to be disseminated, displayed, read and expounded principally in schools and other educational institutions, without distinction based on the political status of countries or territories."

Multiple Choice

By what means did the drafters of the UDHR originally expect it to protect rights?

• Through being enacted in domestic legislation of the UN member states

• By constituting enforceable international law

• Through promotion in the education systems of member states

• Through diplomacy and negotiation

The need for the UDHR

This document was important because it held that the ultimate value in the political realm

is the individual human being. For more than a century before this, the ultimate value was seen as the nation, people, culture, class, race or other group.

The need for the UDHR

The need for an assertion of universal human rights had become evident during the Nuremberg Trials of 1945–46, when some lawyers had argued that Nazis could be prosecuted only for the portion of the genocides they committed in occupied countries like Poland. What they did on their own territory, according to the earlier way of thinking, was none of anyone else’s business.

Multiple Select

In which ways was the UDHR a step forward in the promotion of human rights?

• It prevented the intervention of states in each other's internal affairs

• It promoted individual rights as the most fundamental, rather than group (collective) rights

• It recognised the absolute right to state sovereignty

• It held individuals and states morally accountable for violations that happen within their borders, not just outside them

Multiple Choice

Which of the following is NOT a feature of human rights?

• They are inherent.

• They are universal.

• They are enforceable

• They are inalienable.

The need for the UDHR

A sign that the declaration was more than hot air was that the great powers were nervous about signing it. Britain was worried about its

colonies, the United States about its black citizens, and the Soviet Union about its empire. But after Eleanor Roosevelt helped the

declaration through eighty-three meetings, it passed without opposition (though eight Soviet countries abstained from voting).

Open Ended

Do you think that the UDHR was actually an important development in the promotion of human rights? Why or why not?

Multiple Choice

When was the Universal Declaration of Human Rights adopted?

• 1918

• 1948

• 1978

• 2008

Multiple Choice

A group of people living within a nation state wants to exercise its collective right to influence legal decisions about the land on which they live. What is this an example of?

• Peace rights

• Self-determination

• Environmental rights

• Limitations on free speech

Multiple Choice

Which of the following is true of the Universal Declaration of Human Rights?

• It is a multilateral treaty

• Its articles are legally enforceable

• It only applies to developed countries

• It defines the agreed meaning of human rights

Multiple Choice

Why are environmental and peace rights important?

• They are recently recognised human rights.

• They are stated in the United Nations Charter.

• They allow other human rights to be protected.

• They allow the recognition of state sovereignty.

Fill in the Blank

The right to not be imprisoned without reason, is freedom from ____________ detention

Multiple Select

Article 1 says "Everyone is born......and......

• free

• alike

• equal

• dignified

Multiple Choice

A national government bans all forms of public protest by an environmental group.

What is being denied by the government?

• Civil and political rights

• The right to self-determination

• Environmental and peace rights

• Economic, social and cultural rights

Impact of the UDHR

Even though it is not a formal treaty, it has arguably become part of international customary law. So even though it is considered soft law (not binding on signatories), it is so well accepted that in practice most member states accept it as international law.

Multiple Select

Which of the following is true of the UDHR?

• It was not signed by many states

• Is has not had any effect because it is only a declaration, so unenforceable

• It has become widely accepted by signatory states, and so has helped to protect human rights

• The reluctance of some nations to sign it is evidence that it was taken seriously

The Twin Covenants. 

• International Covenant on Civil and Political

  Rights

• International Covenant on Economic, Social

  and Cultural Rights

The Twin Covenants

The Universal Declaration of Human Rights is an ideal standard held in common by nations around the world, but it bears no force of law. Thus, from 1948 to 1966, the UN Human Rights Commission’s main task was to create a body of international human rights law based on the Declaration, and to establish the mechanisms needed to enforce its implementation and use.

The Twin Covenants

The Human Rights Commission produced two major documents: the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR). Both became international law in 1976. Together with the Universal Declaration of Human Rights, these two covenants comprise what is known as the “International Bill of Human Rights.”

The ICCPR

The ICCPR enables people to enjoy a wide range of human rights, including those relating to:

freedom from torture and other cruel, inhuman or degrading treatment or punishment;

fair trial;

freedom of thought and protest;

religion and expression; privacy, home and family life;

equality and non-discrimination

Enforcing the ICCPR

• The International Covenant on Civil and Political Rights (1966) contains monitoring and periodic reporting arrangements for member states.

• It is overseen by the UN Human Rights Committee (a separate body from the UN Human Rights Council), which reports on compliance by member states and investigates violations. 

Multiple Choice

A government decides to withdraw from its obligations under the International Covenant on Civil and Political Rights and blocks access to the internet for non-government organisations. What is this an example of?

• The government exercising state sovereignty

• The government limiting universal suffrage

• The role of media in promoting self-determination

• Non-government organisations exercising statutory powers

Open Ended

Cuba, China, and Saudi Arabia are three countries that have never ratified the ICCPR. Based on what you know of these countries, why do you think this is so?

Open Ended

How has the International Covenant on Civil and Political Rights contributed to the development of human rights? (3 marks)

The ICESCR

The UN also adopted the International Covenant on Economic, Social and Cultural Rights (ICESCR) in 1966. The ICESCR aims to promote and protect human rights in an individual’s economic, social and cultural life. This includes protecting the right to an adequate standard of living, the right to education, the right to fair wages and the right to safe working conditions.

The ICESCR enforcement

The ICESCR requires states to take steps, including legislative measures, to achieve the ‘progressive realisation’ of ICESCR rights. This requires states to demonstrate in good faith the fulfilment of the rights over time, within their capacities. For example, it is assumed that where states have inadequate resources to ensure free education is provided, they will work towards achieving this goal. The UN also assists states to realise these rights through their work, including the Millennium Development Goals and the Sustainable Development Goals.

Multiple Choice

In which treaty is the right in the image contained?

• The ICCPR

• the ICESCR

Multiple Choice

In which treaty is the right in the image contained?

• The ICCPR

• the ICESCR

Multiple Choice

In which treaty is the right in the image contained?

• The ICCPR

• the ICESCR

Open Ended

Why would the rights in the ICESCR be more difficult for some states to enforce than those in the ICCPR, e.g. many African states?

Open Ended

Define peace rights. (2)

Sample Answer

Peace rights are the fundamental entitlements afforded to all people to live free from conflict, war or any form of oppression. These are affirmed in documents such as the UDHR and ICCPR. 

Open Ended

How is the right to an education protected? (2)

Sample answer

Education is a fundamental human right that is protected in international instruments such as the UDHR and the ICESCR. Domestically the right to education is protected by Commonwealth, State and Territory laws such as the Education act 1990 (NSW). 

Open Ended

Outline how ONE international human rights document contributes to the development of human rights. (3)

Sample answer

The Universal Declaration of Human Rights protects the right to freedom of speech and equality. It promotes a range of human rights for all individuals under international law regardless of any recognition under domestic law. Despite being non-binding 'soft law', it has been so influential that it can be considered international customary law.