# Study Notes: The Universal Declaration Model and Human Rights ## Overview of Human Rights Development ### Pre-World War II Context - **Human Rights Advocacy**: Limited and fragmented before WWII. - Workers' and minority rights were addressed by organizations like the International Labor Organization and the League of Nations. - The term "human rights" was largely absent from international discourse. - **Colonialism**: The idea of universal, inalienable rights was a minority view, as colonialism was widely justified. ### Post-World War II Shift - **United Nations Formation (1945)**: Created in response to WWII and the Holocaust. - **UN Charter Objectives**: - Reaffirm faith in fundamental human rights and dignity. - Promote social progress and better standards of life. - **Article 1**: Emphasized international cooperation to solve economic, social, cultural, and humanitarian issues while promoting respect for human rights. The atrocities of WWII, including the Holocaust, were pivotal in shaping the modern human rights framework. --- ## The Universal Declaration of Human Rights (UDHR) ### Drafting and Adoption - **Drafting Process**: - Led by the UN Commission on Human Rights, chaired by Eleanor Roosevelt. - Key contributors included John Humphrey (Canada), René Cassin (France), P.C. Chang (China), Charles Malik (Lebanon), and Hernan Santa Cruz (Chile). - **Adoption**: - Finalized in 1948 after 1.5 years of work. - Adopted by the UN General Assembly on December 10, 1948 (now celebrated as Human Rights Day). - **Vote**: 48 in favor, 0 opposed, 8 abstentions (e.g., Saudi Arabia, South Africa, and Soviet bloc countries). Saudi Arabia abstained due to provisions allowing religious conversion, while South Africa opposed racial equality clauses. ### Global Endorsement - Supported by countries across Europe, Latin America, Africa, and Asia. - Newly independent nations later embraced the Declaration enthusiastically. The UDHR is considered the foundational document of international human rights law, setting the stage for subsequent treaties and covenants. --- ## Key Features of the Universal Declaration Model ### Recognized Rights The **International Bill of Human Rights** (UDHR + Covenants) outlines a comprehensive list of rights, including: #### Civil and Political Rights - Right to life, liberty, and security of person. - Protection against slavery, torture, and arbitrary arrest. - Freedom of thought, religion, expression, and assembly. - Right to political participation and equal protection under the law. #### Economic, Social, and Cultural Rights - Right to work under favorable conditions and join trade unions. - Access to education, healthcare, food, clothing, and housing. - Right to rest, leisure, and social security. - Participation in cultural life. #### Special Protections - Rights for children, minorities, and families. - Right to seek asylum and protection against racial or religious hatred. These rights are interdependent and indivisible, meaning they must be upheld collectively to ensure human dignity. --- ## Structural Features of the Model ### 1. Rooted in Human Dignity - **Definition**: Human dignity refers to the inherent worth of every individual, demanding respect and recognition. - **Historical Context**: Historically, dignity was reserved for elites; the UDHR democratized this concept, extending it to all humans. Human rights are mechanisms to realize the dignity of every person through protections, opportunities, and freedoms. ### 2. Rights as Individual Entitlements - Rights are held by individuals, not groups or collective entities. - Example: Minority rights protect individuals within a group, not the group itself. - **Exception**: The right to self-determination applies to peoples collectively. Confusing group rights with individual rights. For instance, workers' rights belong to individual workers, not unions as entities. ### 3. Interdependence and Indivisibility - Rights are interconnected and must be upheld together. - Example: The right to life is meaningless without access to food and healthcare. - **Cold War Debate**: - Western nations emphasized civil and political rights. - Soviet bloc countries prioritized economic and social rights. - Today, the indivisibility of rights is widely accepted. In the U.S., healthcare is often debated as a privilege rather than a human right, reflecting lingering skepticism about economic rights. ### 4. State Responsibility - States are the primary actors responsible for implementing and protecting human rights. - Rights are exercised against the state, which must ensure their fulfillment for its citizens and residents. - **Exceptions**: Foreign nationals are protected only while within a state's jurisdiction. While human rights are universal, their implementation is state-centric, reflecting the central role of sovereignty in modern politics. --- ## The Role of the State in Human Rights ### A. Dual Role of the State 1. **Principal Violator**: States often abuse power, violating human rights through repression, discrimination, or neglect. 2. **Essential Protector**: States are also the primary mechanism for enforcing and safeguarding rights. Failed states like Somalia highlight the dangers of the absence of state authority, where human rights violations become rampant. ### B. Positive and Negative Obligations - **Negative Obligations**: Prevent interference in personal freedoms (e.g., freedom of speech, privacy). - **Positive Obligations**: Actively provide goods and services (e.g., education, healthcare). The legitimacy of a state can be measured by how effectively it protects and promotes human rights. --- ## Key Takeaways 1. **Human Dignity**: The foundation of human rights, emphasizing the inherent worth of every individual. 2. **Universal and Indivisible**: Rights must be upheld collectively to ensure a life of dignity. 3. **State Responsibility**: States are both the greatest threat to and the most essential protector of human rights. 4. **Individual Focus**: Rights are held by individuals, even when exercised collectively. 5. **Global Endorsement**: The UDHR remains the cornerstone of international human rights law, influencing treaties and national policies worldwide. --- ## Practice Questions 1. **True or False**: Human rights are primarily group rights, protecting collective entities like unions or minorities. 2. **Short Answer**: Why is the state considered both a violator and protector of human rights? 3. **Multiple Choice**: Which of the following is NOT a recognized human right under the UDHR? - A) Freedom of thought - B) Right to own property - C) Right to unlimited wealth - D) Right to education Use these questions to test your understanding and identify areas for further review.