"Universal Declaration of Human Rights 1948 is one of the most important documents of

international human rights legal framework that it has universalised human rights." Do you
agree with this statement? Justify in detail.

The Universal Declaration of Human Rights (UDHR), 1948: A Pillar of International Human
Rights Law
Introduction
The Universal Declaration of Human Rights (UDHR), 1948, is regarded as a milestone
document in the history of human rights. Adopted by the United Nations General Assembly on
December 10, 1948, it was the first global recognition that “all human beings are born free and
equal in dignity and rights.” The UDHR laid the foundation for the modern international human
rights legal framework. It has inspired numerous treaties, constitutions, and international legal
instruments across the globe.
The statement that the UDHR has "universalized human rights" is largely accurate but not
absolute. While the UDHR has had a profound impact on the concept of human rights globally,
its non-binding nature, Western influence, and cultural relativism have been subjects of
criticism. This analysis discusses the role, significance, and limitations of the UDHR in the
context of universalizing human rights.

1. Historical Background of the UDHR

 Pre-WWII Era: Before WWII, human rights were seen as issues of domestic jurisdiction,
with little international oversight.
 Post-WWII Developments: The horrors of the Holocaust, genocide, and war crimes
highlighted the need for a global human rights framework.
 Adoption of UDHR: On December 10, 1948, the UN General Assembly adopted the
UDHR, with 48 votes in favor, 0 against, and 8 abstentions (Soviet bloc, South Africa, and
Saudi Arabia).

2. Core Principles and Key Provisions of the UDHR

The UDHR is composed of 30 Articles that outline fundamental human rights applicable to all
people, regardless of race, gender, nationality, or religion. Its key principles are:
1. Dignity, Freedom, Equality, and Solidarity:
o Article 1: "All human beings are born free and equal in dignity and rights."
o Article 2: Guarantees human rights without discrimination on the basis of race,
gender, religion, or political opinion.
2. Civil and Political Rights:
o Right to Life, Liberty, and Security (Article 3)
o Freedom from Torture and Slavery (Articles 4 & 5)
o Right to a Fair Trial and Presumption of Innocence (Articles 6-11)
3. Economic, Social, and Cultural Rights:
o Right to Work, Education, and Social Security (Articles 22-27)
o Right to a Standard of Living Adequate for Health and Well-Being (Article 25)
4. Right to Political Participation:
o Right to Take Part in the Government (Article 21)
 o Right to Freedom of Opinion and Expression (Article 19)

3. How the UDHR Universalized Human Rights

A. Global Acceptance and Recognition
1. Influence on National Constitutions:
o The UDHR has inspired over 90 national constitutions, particularly post-colonial
countries in Africa, Latin America, and Asia.
o India’s Constitution reflects the UDHR's principles, especially in its Fundamental
Rights (Part III) and Directive Principles of State Policy (Part IV).
2. Incorporation into International Treaties:
o The UDHR provided the basis for binding treaties like:
 International Covenant on Civil and Political Rights (ICCPR), 1966
 International Covenant on Economic, Social, and Cultural Rights
(ICESCR), 1966
 Collectively, these are known as the International Bill of Rights.
3. Promotion of Regional Human Rights Systems:
o Regional systems like the European Convention on Human Rights (ECHR), the
American Convention on Human Rights (ACHR), and the African Charter on
Human and Peoples’ Rights (ACHPR) were inspired by the UDHR.
4. Role of the UN and Human Rights Council:
o The UN Human Rights Council (created in 2006) and the Office of the High
Commissioner for Human Rights (OHCHR) rely on the UDHR as a reference point
in monitoring and addressing human rights violations.

B. Legal and Moral Authority

1. Moral Legitimacy:
o While the UDHR is not a legally binding treaty, its principles have become part of
customary international law, especially the prohibition of torture, genocide,
and slavery.
2. Customary International Law:
o Many of the UDHR’s principles, such as protection against torture and non-
discrimination, have achieved the status of jus cogens norms, meaning they are
peremptory norms binding on all states.
3. Human Rights as a Global Standard:
o International bodies like the UN Security Council and International Criminal
Court (ICC) apply principles of human rights, particularly in cases of war crimes
and crimes against humanity.
4. Global Civil Society and NGOs:
o Organizations like Amnesty International and Human Rights Watch rely on the
UDHR as a universal standard for calling out human rights violations.

4. Criticisms and Challenges to Universality

A. Western Bias and Cultural Relativism
  The Western-dominated origins of the UDHR have been criticized as reflecting Western
liberal values.
 Countries like Saudi Arabia and some Asian and African countries argue that certain
articles (like freedom of religion and women's rights) do not align with their cultural,
religious, and social norms.
B. Non-Binding Nature
 Since the UDHR is a declaration and not a treaty, it lacks binding force.
 Critics argue that it is more of a moral guideline than a legally enforceable instrument.
C. Lack of Enforcement Mechanism
 While the Human Rights Council can investigate violations, it has no power to enforce
rulings.
 States that commit human rights abuses (like Myanmar, North Korea, and Syria) are
often shielded by political considerations in the UN Security Council.
D. Selective Application by Powerful States
 Critics argue that the USA, China, and Russia often violate human rights but remain
immune from accountability due to their geopolitical influence.
 Double standards are evident when major powers weaponize human rights issues
against smaller states, but fail to address their own violations (e.g., US actions in
Guantanamo Bay).

5. Conclusion: Has the UDHR Universalized Human Rights?

The statement that the UDHR has universalized human rights is valid to a large extent. It
established the fundamental idea that all people are entitled to human rights, regardless of
nationality, race, gender, or religion. It inspired the creation of binding treaties like the ICCPR
and ICESCR, as well as national constitutions and regional human rights frameworks.
However, its universality is contested due to cultural relativism, selective enforcement, and its
non-binding nature. The UDHR remains a guiding instrument rather than an enforceable legal
obligation. Nonetheless, it serves as a moral compass and a point of reference for international,
regional, and national human rights systems.

Summary of Key Points

Aspect Achievements Criticisms
Legal Status Basis for international treaties Not legally binding
Scope Universal applicability Criticized for Western dominance
Impact Inspired constitutions, ICCPR, ICESCR Lacks enforcement mechanisms
Principles Equality, dignity, freedom Challenges from cultural relativism

Final Verdict
The UDHR may not be a legally binding document, but it has significantly influenced the
development of international human rights law and customary international law. Its principles
of equality, dignity, and justice have become globally accepted moral norms. While issues like
cultural relativism and political selectivity persist, it is undeniable that the UDHR has played a
crucial role in universalizing human rights.
If asked in an LLM exam, you can assert that while the UDHR is not perfect, it has undeniably
contributed to making human rights a universal norm. Through treaties, judicial decisions, and
customary law, the UDHR has achieved an almost universal recognition of human rights
principles.