Universal Declaration of Human Rights
The Universal Declaration of Human Rights (UDHR) is the most essential document in the history of human rights. UDHR was drafted by the representatives of different legal backgrounds worldwide. It was for the first time fundamental human rights were universally protected.
UDHR is one of the most translated documents (nearly 500 languages) in the world and set a world record in 1999. It is the first document on the basic human rights. Almost all states accepted UDHR. UDHR has inspired many regional conventions and domestic laws as well as 80 international conventions and treaties.
Universal Declaration of Human Rights contains 30 articles. This includes all kind of rights such as right to life, liberty and security of a person, free and equal rights without discrimination based on race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. Also no distinction shall be made on the basis of the political, jurisdictional or international status of the country or territory to which a person belongs, whether it be independent, trust, non-self-governing or under any other limitation of sovereignty(Article 2).
UDHR prohibits any form of slavery and torture, cruel, inhuman punishment. Anyone who faced violation on the fundamental rights can get remedy by the competent national tribunal. Also as laid down in UDHR no person shall be subjected to arbitrary arrest, detention or exile.
Under Article 10, everyone is entitled to full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of his rights and obligations and of any criminal charge against him. Unless proved guilty, everyone shall be presumed to be innocent. If a person commits an offence when it was not considered as an offence, then he shall not be held guilty for the offence. UDHR provides right to freedom of movement and residence under Article 13. Also a person can leave and return to any country.
UDHR provides the right to nationality which he shall not be deprived of. Also no one can deny a person’s right to change his nationality.
Article 16 deals with the right to marry without any limitation due to race, nationality or religion. Also UDHR clearly says that everyone had the right own a property alone as well as in association with others.
Article 18 of UDHR deals with the right to freedom of thought, conscience and religion whereas Article 19 deals with the right to freedom of opinion and expression. UDHR in article 20 gives the right to freedom of peaceful assembly. Article 21 gives the right to take part in the government of his country and the right to equal access to public service in his country.
UDHR also provides right to profession, right to rest and leisure, right to basic needs such as health food, clothing, housing, medical case and the right to security. Also everyone has the right to education which shall be free at least in the elementary and fundamental stages.
Article 30 of UDHR says ‘Nothing in this Declaration may be interpreted as implying for any State, group or person any right to engage in any activity or to perform any act aimed at the destruction of any of the rights and freedoms set forth herein.’
Indian leaders, such as Mahatma Gandhi and Jawaharlal Nehru, has influenced the content of UDHR and the institutional architecture of the UN itself.
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