By: BANKOLE CLIFFORD EKUNDAYO MORGAN
LL.M in International Maritime Law
Master in Governance and Leadership
Human Rights Advocate
THE UNIVERSAL DECLARATION OF HUMAN RIGHTS (UDHR)
The Universal Declaration of Human Rights (UDHR) will turn 75 years of existence on the 10th day of December, 2025. The UDHR can be described as the first global expression of rights to which all human beings are essentially entitled to. Overtly the UDHR serves as an eye opener in the protection and promotion of human rights.
THE UNITED NATIONS GENERAL ASSEMBLY
The United Nations General Assembly adopted the UDHR on the 10th day of December, 1948 at Palais de Chaillot, Paris. The UDHR is considered as the General Assembly resolution 217 A. The UDHR came into existence on account of the challenges faced by the warring factions during the Second World War. During the 1st and 2nd world wars, warring factions, had no respect for life, human dignity and people were subdued and subjected to torture, inhuman and degrading treatment. Evidently, there was no winner in the 1st and 2nd world wars. All the war factions later came to the realization that they had lost infrastructural developments, and lost huge lives and properties. So the UDHR symbolize the first global expression of rights to which all human beings are entitled to. The UDHR consists of 30 well formulated articles which have been highly structured in subsequent international treaties, regional human rights instruments, national constitutions and laws.
THE UDHR IS GLOBALLY CELEBRATED ON THE 10th DAY OF DECEMBER
The Universal Declaration of Human Rights was adopted by the United Nations General Assembly on the 10th day of December 1948. The UDHR came into existence through a democratic tenets, and that is through a vote of 48 in favour, and zero (0) against. The adoption of the UDHR on the 10th day of December 1948 is a significant international commemoration marked each year. The 10th day of December each year has been set aside as International Human Rights Day. The commemoration is observed internationally and usually by National Human Rights Institutions taking the lead. In Sierra Leone, the Human Rights Commission of Sierra Leone (HRCSL) in collaboration with Civil Society Organizations and other stakeholders observe this day by having a unified nationwide celebration.
WHAT ARE HUMAN RIGHTS?
Human Rights could be defined as the fundamental rights of an individual, protected by law and guaranteed by the state. A right is an entitlement, and when we talk about human rights we mean those rights that belong to every individual- (Man or Woman, Girl or Boy, Infant or Elder) simply because he/she is a human being. Human Rights consist of the basic standards without which people cannot enjoy/realize their inherent dignity. This in essence could be interpreted as the foundation of Freedom, Justice and Peace.
CHARACTERISTICS OF HUMAN RIGHTS
Human rights also have their characteristics which amongst others are:
- Universal
- Inherent
- Interdependent
- Inalienable
- Indivisible
- Interrelated
Universal: Human Rights are universal because they belong to every human being whether black or white, man or woman, boy or girl.
Inherent: Human Rights are said to be inherent because it is a birth right and or an inherent right accorded to every human being.
Inter-dependent: Human Rights are Inter-dependent, which means all rights support each other.
Inalienable: Human Rights are inalienable because you cannot lose those rights as long as you are a human being and without a valid legal reason.
Indivisible: Human Rights are indivisible because all human rights are equally important. It is important to note that one cannot be denied a right because someone decides that it is less important or non-essential. All rights stand together.
Inter-related: Human Rights are interrelated, which implies each gives meaning to the other. For instance, the right to life, right to health and freedom of movement cannot be enjoyed without the right to food and the right to safety and security of persons. In short, Rights complement each other.
THE RESPONSIBILITY ASPECT OF HUMAN RIGHTS
As a human rights advocate of long standing, I have observed that there is one area which most human rights defenders fail to project, that is the responsibility aspect of human rights. Human Rights go along with responsibilities. For instance in Sierra Leone, all those who have reached the majority voting age (18yrs and above) have the inherent right to register and to vote and be voted for in a national election. Their corresponding responsibilities are to ensure that while they exercise their civil and political rights, they do not involve in double voting or any aspect of election related malpractice or violence.
THE INTERNATIONAL BILL OF HUMAN RIGHTS
The International Bill of Human Rights consists of the Universal Declaration of Human Rights, the International Covenant on Economic, Social and Cultural Rights, and the International Covenant on Civil and Political Rights. In 1966, the United Nations General Assembly adopted the two detailed Covenants, which complete the International Bill of Human Rights. In 1976, after the two detailed Covenants had been ratified by a sufficient number of individual nations, the Bill took on the force of international law. Essentially, the International Covenant on Economic, Social and Cultural Rights, protects economic, social and cultural rights, while the International Covenant on Civil and Political Rights, protects civil and political rights. Fundamentally, international human rights law is the body of international law that promotes and protects human rights. The International human rights law is made up of treaties and customary international law.
CONCLUSION
One may want to know whether the UDHR is a legally binding human rights document, for instance a treaty or convention. NO, the UDHR is NOT a binding human rights document. However, many human rights treaties has it origin or source and or obtained or developed from it. In essence, it is a foundational human rights document which has motivated and inspired many legally binding human rights treaties. Never mind the UDHR is not a binding human rights document, yet it is an eye opener to most human rights treaties and it formed part of customary international law, and many of its principles are universally obligatory. The UDHR serves as a global standard, a blueprint for national laws and the basis for the International Bill of human rights.
