Q: Under what circumstances did the Declaration originate?

A: The Declaration was preceded by the United Nations Charter, which defines the procedures and operations of the United Nations. The Charter was created primarily to avoid a recurrence of the horrors experienced during World War II. Although the UN Charter addresses the need to protect human rights, in order to avoid controversy which might have scuttled the UN’s creation, it did not actually define the terms included. The elaboration of these terms and the clarity of the commitment to protect human rights, as declared by the international community, was achieved by drafting the Universal Declaration of Human Rights.

Q: Who were the key contributors in the drafting of the Declaration?

A: Canada can take great pride in the fact that John Humphrey, a Canadian, played a fundamental role in the creation and adoption of this landmark document. Humphrey, a Professor of law at McGill University, was called upon to set up the Division for Human Rights in the UN Secretariat, a division he remained in charge of for the next twenty years. It was during his first few years with the UN that Humphrey prepared the first draft of the Declaration and guided it to its adoption by the General Assembly in 1948. The Nobel Laureate, Rene Cassin of France also played a significant role in the initial drafting process. Subsequent drafters include Eleanor Roosevelt of the USA, Dr. Charles Malik of Lebanon and Dr. P.C. Chang of China, demonstrating that the creation of the Universal Declaration was truly an international effort. These individuals sat on the Universal Declaration of Human Rights Drafting Committee which was set up by the UN Commission on Human Rights (UNCHR).

Q: Is the Declaration upheld universally. How is the Declaration enforced?

A: Originally the Universal Declaration was conceived as a statement of objectives to be pursued by Governments, and therefore it is not part of binding international law. Nonetheless, it is still a potent instrument used to apply moral and diplomatic pressure on states that violate the Declaration’s principles. In fact, in 1968, the United Nations International Conference on Human Rights agreed that the Declaration "constitutes an obligation for the members of the international community" to protect and preserve the rights of its citizenry.

Q: What are the main principles upheld by the Declaration?

A: The Declaration contains, in addition to its preamble, thirty articles that outline people’s universal rights. Some of the rights championed by the Declaration are:

• the right to life, liberty and security of person

• the right to an education

• right to participate fully in cultural life

• freedom from torture or cruel, inhumane treatment or punishment

• freedom of thought, conscience and religion

Q: Who are the signatories of the Declaration?

A: Since the Declaration is not legally binding technically, there are no signatories to the Declaration. Instead, the Declaration was ratified through a proclamation by the General Assembly on December 10, 1948 with a count of 48 votes to none with only 8 abstentions. This was considered a triumph as the vote unified very diverse, even conflicting political regimes.

Q: To whom does the Declaration apply?

A: The Declaration is based on the "inherent dignity" of all people and affirms the equal rights of all men and women, in addition to their right to freedom. The Declaration gives human rights precedence over the power of the state. While states are permitted to regulate rights, they are prohibited from violating them.

Q: What is the International Bill of Human Rights?

A: The Universal Declaration of Human Rights, together with the Optional Protocol and the International Covenant on Human Rights collectively form the International Bill of Rights. It is important to note that the creation of the UDHR was only one piece of the UNCHR’s three-tiered mandate. In addition to a declaration of principles, the commission was mandated with drafting two legally-binding covenants on human rights. The International Covenants on Human Rights are treaties whose parties (ie. States) undertake to respect, ensure and take steps for the full achievement of a wide range of rights. The two Covenants are the International Covenant on Economic, Social and Cultural Rights and the International Covenant on Civil and Political Rights. Both were adopted by the General Assembly and were opened for signature in December 1966 and both came into effect in 1976. The Covenants recognize and define in more detail most of the rights set out in the Universal Declaration. The Optional Protocol is an adjunct instrument to the Covenant, and was adopted in 1966 and came into effect in 1976.

Q: Why is the Declaration significant?

A: The UDHR is universal in its content and application. It states that all "human beings are born free and equal in dignity and rights" and serves as the driving force behind many human rights-based legislation like the Canadian Charter of Rights and Freedoms. In addition, the Declaration has inspired the creation of subsequent international documents such as the International Bill of Rights, and the Convention on the Elimination of All Forms of Racial Discrimination. Furthermore, it makes the protection of human rights an important part of international law. It also serves as a basis for human rights observers like Amnesty International to refer to. Finally, the Universal Declaration of Human Rights sets a standard of achievement for all nations to strive for.

Q: Why is the Declaration particularly significant for Canadians?

A: In addition to the fact that John Humphrey played a significant role in drafting the Declaration, the UDHR is also significant to Canadians because the Canadian Charter of Rights and Freedoms echoes many of the principles upheld by the Declaration. A strong correlation between both texts is proof of this.

Q: Why do we need the Declaration?

A: For fifty years the Declaration has served as a vibrant moral conscience to the world community. It provides international norms and standards to which the world community is expected to adhere. For example, the Declaration may be used to condemn the actions of nation-states that suppress and violate the rights of their own citizens.

Q: Why is the Declaration important to me?

A: The values we share - respect for the rule of law and the dignity of the person, fairness and equitable treatment, tolerance and the acceptance of diversity and the fundamental principle of democratic participation - are inherent both in our laws and in the Universal Declaration.

Q: Why do we need the Charter of Right and Freedoms if we have the Declaration?

A: Although the texts of both documents are similar in body, they are applied quite differently and thus, have a different significance to Canadians. The Canadian Charter of Rights and Freedoms is meant to be a legal instrument, and is particular only to Canada. The Declaration is not legally binding and is an international instrument. In addition, the Charter also contains "Canada-specific" sections such as "Official Languages of Canada" which discusses specifically minority language educational rights. The Charter also makes specific mention to the rights and freedoms of Aboriginal peoples in Canada.

Q: What does the UDHR mean for children and youth?

A: Since the Declaration is universally applied, the rights declared by the UDHR apply to children and young people. However, because children have less power in society, they are left even more disempowered and victimized by human rights violations than the average citizen. As a result, the General Assembly of the United Nations adopted the Declaration of the Rights of the Child in 1959. The Declaration of the Rights of the Child restates several provisions of the Universal Declaration of Human Rights as applicable to children, adding that the child "needs special safeguards and care, including appropriate legal protection, before as well as after birth".

Q: What does the UDHR mean for other marginalized groups in society?

A: Significant efforts have been made to draw upon the principles of the UDHR and apply them to specific communities that are challenged by discriminatory policies and unequal recognition and/or benefits. For example, in 1952, the General Assembly adopted the first United Nations legal instrument that dealt exclusively with women’s rights - The Convention on the Political Rights of Women. In addition, in 1979, the United Nations also adopted the Convention on the Elimination of All Forms Of Discrimination Against Women. In November 1981, the General Assembly adopted and proclaimed the Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief. In 1983, the General Assembly called for the recognition of the basic rights of indigenous populations. These are only a few examples which represent a larger effort from the international community in order to build on the principles of the UDHR making them more specific and legally binding as well.

Q: What is the status of the Declaration today?

A: Fifty years have passed since the Declaration was adopted. Despite a continuing struggle in many regions of the world, significant progress has been made in developing legal, moral and institutional regimes consistent with the principles proclaimed in the UDHR. For instance, many human rights non-governmental organizations (NGOs) refer to the Declaration to hold governments accountable for their policies and actions.

* * * * *

Back to the Human Rights Page