The features of the Universal Declaration of Human Rights

International human rights law is often regarded as having its roots in the Universal Declaration of Human Rights of 1948. It served as the model for numerous international human rights treaties that are now enforceable by law. It continues to serve as a source of inspiration for all of us, whether we are addressing injustices, resolving disputes, living in oppressed countries, or working to ensure that everyone can enjoy their human rights.

It reflects the widely held view that every individual is born free and endowed with the same respect for themselves and others, that these rights and freedoms are unalienable, and that these rights and freedoms apply to everyone equally. On December 10, 1948, the international community vowed to uphold justice and dignity for all people, regardless of their race, gender, nationality, or place of residence, as well as their color, religion, and language. Since then, December 10, the anniversary of the adoption of the Universal Declaration, is celebrated annually as International Human Rights Day.

Salient Features of The Universal Declaration of Human Rights

The Universal Declaration of Human Rights is made up of 30 articles that outline not only civil and political rights, which protect individuals against government abuses of power, but also economic, social, and cultural rights, which provide the foundation for sufficient living standards and human dignity. The Universal Declaration has a strong moral standing, and the criteria it establishes have become the foundation for much of the subsequent development of human rights law. All people, regardless of their color, religion, or nationality, can exercise it. The Universal Human Rights Declaration does not have legal force, but its principles have been developed and incorporated into subsequent international agreements, regional human rights instruments, and state legal frameworks.

All 193 United Nations members have accepted at least one of the UDHR’s nine legally binding treaties, with the majority doing so in terms of four or more. It is a powerful and expressive document that sets standards for those who support human rights to utilize in prosecuting those who violate such rights. It is “a shared standard of achievement for all peoples and all nations,” in the organization’s words.

Historical Development Of Human Rights

Four Pillar-Based Rights

The Universal Declaration of Human Rights is founded on four fundamental pillars of brotherhood, equality, liberty, and dignity and aims to improve discussions regarding human rights, particularly those involving law and the role of governments in human rights. These four pillars served as the foundation for the UDHR. Each pillar stands for a value that is seen to be crucial for a person to appreciate their life and their community. Protected human rights are rooted in the following pillars:

Dignity– Everyone has the right to exercise their rights to the same extent and without restriction based on any personal attribute, such as their gender, race, religion, or sexual orientation;

Brotherhood– refers to community and solidarity;

Liberty – to interact in society is reflected in the right to vote or assemble in groups and

Equality – speaks to second-generation rights, such as the right to education or the right to work.

Generation of Rights

We can also discuss the feature of UDHR by the generation of human rights divided into three generations which was initially proposed by jurist Karel Vasak at the International Institute of Human Rights in Strasbourg in 1979.  In addition to these generations, we will include the fourth generation, newly added by the modern jurist to interpret the rights relating to technological development and information and communication technologies, and cyberspace.

The first generation of Rights

This generation of subjective rights is the generation of civil and political rights acquired through the force of writing and of arms, which involve people’s freedom from state interference. These rights are based on the rights of the individual. In a society where the exercise of natural rights of each man has no limits, than those which ensure for the other members of society the same rights, these rights represent the first generation of subjective rights and more specifically those rights that refer to personal autonomy of the individual and the rights that enable citizen participation in power. These rights are outlined in Articles 3 through 21 of the Universal Declaration of Human Rights.

There are two types of norms contained here,

• Physical and Civil Security; this includes not committing acts of torture, slavery, or harsh treatment of people.
• Civil-political liberties include religious freedom and the right to participate in politics.

The second generation of Rights

These rights are derived from both domestic and international legislation, including the International Covenant on Economic, Social, and Cultural Rights. Since consecration involves a lot of work from the state and is therefore appropriate to everyone’s success, it does not have the same coverage as first-generation rights. The first generation of rights can be exercised independently and singularly, whereas the second generation of rights needs institutional assistance from the state. The state must step in through legislation to provide an institutional framework that enables, for instance, the exercise of the right to education or retirement. These rights are based on the establishment of equal conditions. Socioeconomic and cultural rights are covered by Articles 22 through 27 of the UDHR. These are also known as the second generation of human rights, which compel the government to take positive steps to improve the lives of its citizens. It has to do with the fulfillment of basic needs like food and healthcare. Fair salaries and adequate living conditions are among the “economic necessities” that must be met.

Dictatorship and Human Rights: The Ongoing Struggle for Freedom

The third generation of Rights

This generation of rights is composed of solidarity or group rights that can not be exerted only by an individual, but only collectively, like the right of people to self-determination; right to peace; right to development; right to humanitarian assistance, etc.

Foreshadowed in Article 28 of the Universal Declaration of Human Rights, which proclaims that “everyone is entitled to a social and international order in which the rights outlined in this Declaration can be fully realized,” this generation appears so far to embrace six claimed rights, such as the right to self-determination, the right to a healthy and safe environment, the right to peace, and the right to humanitarian assistance. The Declaration also laid down certain limitations to establish individual responsibilities to the community as well as constraints on rights. Article 29 outlines responsibilities to the community that allows for the final and complete development of his personality. These rights have a positive consecration, generally in international law.

The fourth generation of Rights

This generation of rights is first and mostly influenced by technology. The rights of future generations and rights that cannot belong to an individual or to a social group, including a nation, but only to mankind as a whole could be included in the same category. The shared possessions of all humanity would be handled in accordance with human rights.

However, according to several analysts, the fourth generation of human rights is now taking shape. This generation would include rights that fall outside the scope of the third generation as well as new rights that are related to technological advancement, information and communication technologies, and cyberspace. However, its content is unclear, and these analysts don’t offer a novel solution.

While some of these analysts think that the fourth generation is brought about by human rights in relation to new technologies, others prefer to talk about digital rights, where a new range of rights would be found, such as the right to equal access to computing and digital spaces, the right to digital self-determination, the right to digital security, and the right to access one’s own digital data. This category can include containing rights pertaining to patents, trademarks, copyrights, and trade secrets.

The Universal Declaration of Human Rights did not incorporate any fourth-generation right directly. But we can categorize the right incorporated in Article 19, the right to freedom of opinion and expression as a fourth-generation right though it falls in the context of first-generation rights. How? Okay, let me explain. How we exercised our right to freedom of expression? By the means of using media whether printed or online. We also express our opinions through the publication of scientific research regarding, nature, technology, or digital space. So, when the Universal Declaration of Human Rights incorporated the right to freedom of expression, it also includes the means and methods of expression in its spheres such as the publication of scientific research regarding, nature, technology, or digital space.

Importance of the Universal Declaration of Human Rights

The ratification of the Universal Declaration of Human Rights by the United Nations General Assembly in 1948 was the UN’s first and major accomplishment in the field of human rights. It rapidly assumed moral and political authority that no other contemporaneous international instrument, except the UN Charter, held. The contents of the Universal Declaration’s phrasing were vigorously debated among UN members, but its approval was monumental in the history of human rights and international law.

The Universal Declaration of Human Rights (UDHR) is widely considered a groundbreaking declaration that offers a thorough and universal set of principles in a secular, apolitical document that transcends cultural, religious, and political beliefs. The Declaration established the notion that all citizens of all societies are equally bound by the law regardless of the jurisdiction or political system as the first international legal document to utilize the term “rule of law.” It differs from a treaty in international law in that it typically expresses desire or understanding between the parties rather than creating legally binding obligations. The Declaration is regarded as a definitive interpretation of the United Nations Charter. Its most significant contribution is the United Nations’ adoption of the principal human rights and fundamental freedoms, which it pioneered.