GS Paper II

News Excerpt:

Year 2023, marks the 75th anniversary of the Universal Declaration of Human Rights, which coincides with the 30th anniversary of the Office of the High Commissioner for Human Rights.

What is the Universal Declaration of Human Rights, which is marking its 75th anniversary?

• 75 years ago (10th December), the UN General Assembly approved the Universal Declaration of Human Rights at a meeting of the Paris Peace Treaty by laying one of the foundation stones of the international order that emerged following the horrors of World War II.
• The declaration was proclaimed as “a common standard of achievement for all peoples and all nations.” In practice, it hasn’t always turned out that way over the subsequent decades. 
• As the document turns 75, U.N. human rights chief Volker Turk said this week that the world is at a “somber moment in history,” wracked by conflicts and crises. But he insisted that “human rights have not failed.”

What was the Universal Declaration of Human Rights?

• A relatively compact document, the declaration consists of a preamble’ and ‘30 articles’ setting out fundamental rights and freedoms as follows:
• Article 1: It states that all human beings are born free and equal in dignity and rights.
• Article 2: It states that everyone is entitled to all the rights and freedoms. 
• It prohibits distinction of any kind, such as race, color, sex, language, religion, political or other opinion, national or social origin, property, birth, or other status.
• Other Articles: They state that “everyone has the right to life, liberty and the security of person,” and that no one “shall be held in slavery or servitude” or “subjected to torture or cruel, inhuman or degrading treatment or punishment.”
• Equality before Law: The declaration says that “all are equal before the law” and that everyone is entitled to “a fair and public hearing by an independent and impartial tribunal.” 
• Right to Remedy (article8): It also says that “everyone has the right to seek and to enjoy in other countries asylum from persecution.” 
• Right to Peaceful Justice: The declaration enshrines the rights to freedom of religion; to freedom of opinion and expression; and to freedom of peaceful assembly. And it says that everyone has the right to education.

Why and how was the Universal Human Rights Commission drawn up?

• The “never again” sentiment among political leaders after two world wars, the U.N. Charter was founded in 1945 with a road map to guarantee the rights of every individual.
• A formal Drafting Committee was chaired by Eleanor Roosevelt, (widow of U.S. President Franklin D. Roosevelt). 
• This committee consisted of members of the new Commission on Human Rights from eight countries, selected to reflect geographical distribution.
• Over 50 U.N. countries participated in the final drafting in 1948, and the U.N. General Assembly approved the result on Dec. 10, 1948, with eight countries abstaining but none voting against it.

Achievements made by the Universal Declaration of Human Rights?

• It worked as a pillar for regional and State laws:

• • The principles set out have been incorporated into many countries’ laws and it is viewed as the basis for international human rights law.
  • It is recognized as having inspired and paved the way for more than 70 human rights treaties at global and regional levels, according to the U.N. 

• • It enshrines the rights of all human beings and is a global blueprint for international, national, and local laws and policies and the bedrock of the 2030 Agenda for Sustainable Development.

• • For example, it inspired the decolonization movement, the anti-apartheid movement, and also freedom fighters all around the world, be it on gender issues, be it on LGBTIQ+ issues, be it against racism.

• Less edged and issue of legally binding: The Declaration has no force of law as it is a mere declaration with no effect over the horrors suffered by many people since its adoption by the UN. 

What is the current situation now?

• Challenged due to changing geo-political scenario: The Universal Human Rights Commission is challenged due to recent issues like the Israel-Hamas war, Russia-Ukraine conflicts, and Myanmar-Sudan internal conflicts and in a host of other places and situations.
• Powers are misused: Human Rights Council is being criticized for ‘using it as a wrecking ball’ on political gains and principles are misused very often.

Conclusion:

The Universal Declaration of Human Rights, adopted in 1948, stands as a testament to our collective efforts to build a world where justice, fairness, freedom, and human dignity prevail. It signifies a ground-breaking moment in the history of humankind. Today, the world may appear quite different, yet the Declaration's relevance and significance remain as undiminished as ever.

Mains PYQ

Q. Though the Human Rights Commissions have contributed immensely to the protection of human rights in India, yet they have failed to assert themselves against the mighty and powerful. Analysing their structural and practical limitations, suggest remedial measures. (UPSC 2021)

Prelims PYQ

Q. Consider the following: (UPSC 2011)

1) Right to education.

2) Right to equal access to public service.

3) Right to food.

Which of the above is/are Human Right/Rights under "Universal Declaration of Human Rights"?

(a) 1 only

(b) 1 and 2 only

(c) 3 only

(d) 1, 2 and 3