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Universal Declaration of Human Rights

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2316270

Universal Declaration of Human Rights

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Universal Declaration of Human Rights

The Universal Declaration of Human Rights (UDHR) is an international document adopted by the United Nations General Assembly that codifies some of the rights and freedoms of all human beings. Drafted by a United Nations (UN) committee chaired by Eleanor Roosevelt, it was accepted by the General Assembly as Resolution 217 during its third session on 10 December 1948 at the Palais de Chaillot in Paris, France. Of the 58 members of the UN at the time, 48 voted in favour, none against, eight abstained, and two did not vote.

A foundational text in the history of human and civil rights, the Declaration consists of 30 articles detailing an individual's "basic rights and fundamental freedoms" and affirming their universal character as inherent, inalienable, and applicable to all human beings. Adopted as a "common standard of achievement for all peoples and all nations", the UDHR commits nations to recognize all humans as being "born free and equal in dignity and rights" regardless of "nationality, place of residence, sex, national or ethnic origin, colour, religion, language, or any other status".

The Declaration is generally considered to be a milestone document for its universalist language, which makes no reference to a particular culture, political system, or religion. It directly inspired the development of international human rights law, and was the first step in the formulation of the International Bill of Human Rights, which was completed in 1966 and came into force in 1976. Although not legally binding, the contents of the UDHR have been elaborated and incorporated into subsequent international treaties, regional human rights instruments, and national constitutions and legal codes.

All 193 member states of the UN have ratified at least one of the nine binding treaties influenced by the Declaration, with the vast majority ratifying four or more. While there is a wide consensus that the declaration itself is non-binding and not part of customary international law, there is also a consensus in most countries that many of its provisions are part of customary law, although courts in some nations have been more restrictive in interpreting its legal effect. Nevertheless, the UDHR has influenced legal, political, and social developments on both the global and national levels, with its significance partly evidenced by its 530 translations.

The underlying structure of the Universal Declaration was influenced by the Code Napoléon, including a preamble and introductory general principles. Its final structure took form in the second draft prepared by French jurist René Cassin, who worked on the initial draft prepared by Canadian legal scholar John Peters Humphrey.

The Universal Declaration of Human Rights consists of the following:

Cassin compared the Declaration to the portico of a Greek temple, with a foundation, steps, four columns, and a pediment. Articles 1 and 2—with their principles of dignity, liberty, equality and brotherhood—serve as the foundation blocks. The seven paragraphs of the preamble, setting out the reasons for the Declaration, represent the steps leading up to the temple. The main body of the Declaration forms the four columns. The first column (articles 3–11) constitutes rights of the individual, such as the right to life and the prohibition of slavery. The second column (articles 12–17) constitutes the rights of the individual in civil and political society. The third column (articles 18–21) is concerned with spiritual, public, and political freedoms, such as freedom of religion and freedom of association. The fourth column (articles 22–27) sets out social, economic, and cultural rights. The final three articles provide the "pediment" which binds the structure together, as they emphasize the mutual duties of every individual to one another and to society.

Charles Malik, the Lebanese representative on the drafting commission, pointed out the need for an article on the right or popular entitlement to "a social and international order in which the rights and freedoms set forth in this Declaration can be fully realised", which became Article 28.

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