The Universal Declaration of Human Rights

The greatest question one can ask is how the Universal Declaration of Human Rights did was formed and created to what it is today. However, it is a story of a lifetime that occurred before the latter, after World War 2 it was clear that the horrors of the war should never happen again, founded in 1945 the United Nations sort to prevent future atrocities by affirming in its foundational charter faith in fundamental human rights, in the dignity and worth of the human person and the commitment to promote better standards of life in larger freedoms. In the years that followed member states of the United Nations strived to develop the Human Rights provisions of the Charter and capture them in a single document it took 3 years to establish a common vision. On the 10^th of December 1948 the General Assembly of the United Nations adoptee the Universal Declaration OF Human Rights as a common standard of achievement for all people and all nations.

According to H.V, Evatt President of the General Assembly of the United Nations, 1948, “it is the first step in a great evolutionary process. It is the first occasion on which the organized community of nations has made a declaration of human rights and fundamental freedoms. And it has the authority of the body of opinion of the United Nations as a whole and millions of people, men, women, and children all over the world, will turn for help and guidance and inspiration to this document”

The declaration was carefully drafted consisting of a Preamble and 30 Articles with Article 1 proclaiming that all human beings are born free and equal in dignity and rights.

No discrimination, right tom life, liberty and security, no slavery, no torture or cruel inhumane or degrading treatment or punishment, equal protection of the law, no arbitrary arrest, detention or exile, fair and public hearing, no arbitrary interference with his privacy, right to freedom of movement, right to seek and enjoy asylum, right to a nationality, right to marry and to found a family, right to own property, right to freedom of thought, conscience and religion, right of freedom of opinion and expression, freedom of peaceful assembly and association, right to take part in government, right to work, right to rest and leisure, right to food, clothing, housing and medical care and necessary social services, right to education, right to freely participate in the cultural life of the community these are many of the highlight of the 30 Articles in the declaration.

The declaration has generated action for human rights protection in many ways, it has inspired hundreds of human rights instruments that together constitute International Human Rights Law and number of bodies for human rights protection. The principles of the declaration have supported the decolonization  struggle and has been enshrined in the constitutions of the newly established countries which have joined the United Nations, the declarations has inspired national and regional human rights protection systems including legislations and institutions and continues to guide the work of human defenders and advocates worldwide. Today the declaration is available in more than 500 languages and dialects and it has obtained the Guinness book of record for the most translated document in the world. The 10^th of December the day on which the declaration was adopted is celebrated each year as Human Rights day. The declaration emphasizes the relevance of Human Rights in our daily lives

The idea of human rights propounds that each one of us no matter who we are or where we are born is entitled to the same basic rights and freedoms. Human rights are not privileges they cannot be granted or revoked them inalienable and universal. The general questions on everyone’s mind is that, what exactly are human rights, who gets to pick them, who enforces them and how? The history behind the concept of human rights is a long one throughout the centuries and across society’s religions and cultures they struggled to find notions of rights, justice and rightfulness. The declaration takes no sides as to which rights are more important consisting of the universality, indivisibility and interdependence and in the past decade international human rights has grown deepening its roots and expanding our understanding of the principles and what human rights are and how to better protect them.

The fundamental questions in this day and age is that, why are human rights abused and ignored time and time again all over the world? The problem in general it is not at all easy to universally enforce these rights or to punish transgressions the UN and UDHR themselves, despite being highly authoritative and respected is a declaration not a hard law the main bodies within the UN in charge of protecting the human rights mostly monitor and investigate violations but cannot force states to change a policy or compensate  the victim, that’s some critics consider that its naïve to consider human right a giver in a world where state interest wills so much power. Others defend universal human rights laws and point to the positive role they have, setting international standards and helping activists in their campaigns. They also point out that not all International Human Rights are powerless for example European Convention of Human Rights establishes a code where 47 member countries and their citizens can bring cases the court issues binding decisions that each member state must comply with

Human Rights law is constantly evolving as our views and definitions of what the basic human right should be, and as our lives are increasingly digital should there be a right to access the internet a right to digital privacy?

Human Rights in INDIA

This article seeks to point out how the Indian judiciary and the legislation has responded to the seriousness taking into account of the Human Rights laws. In the Keshavananda Bharati v. State of Kerala the Supreme Court observed that, “The Universal Declarations of Human Rights may not be a legally binding instrument but it shows how India understood the nature of human rights at the time the Constitution was adopted”. It is clear that the Constitution of India was drafted inclined on the fundamental principles of the Universal Declaration of Human Rights.”

In another case of Jolly George v. Bank of Cochin, Justice Krishna Iyer asserted that, “the positive commitment of the State parties ignites legislative action at home.” Which means if the state parties positively sign the International Bill of Rights that prompts them to take a positive action at a domestic level.

In Chairman, Railway Board and others v. Mrs. Chandrima Das, the Supreme Court observed that, “the applicability of the Universal Declaration of Human Rights and principles, recognized at the Moral Code of Conduct, thereof may have to be read, if need be, into the domestic jurisprudence.” Clearly indicating that whenever the Interpretation human rights has to be done at domestic jurisprudence, they have to interpret it, in light of the principles of Universal Declaration of Human Rights

The preamble of the Indian Constitution mentions the term ‘democratic’ which denotes that the Government gets its authority from the will of the people, It gives a feeling that they all are equal “irrespective of the race, religion, language, sex and culture” in this modern era democracy is considered as a human right. The preamble also pledges justice, social, economic and political, liberty of thought, expression, belief, faith and worship, equality, of status and of opportunity and fraternity assuring the dignity of the individual and the unity and integrity of the nation to all its citizens.

The Fundamental Rights differ from ordinary rights in the sense as they are inviolable. No law, ordinance, custom, usage, or administrative order can abridge or take them away. Any law that violates any of the fundamental right is void.