The Magna Carta of Mankind: The Universal Declaration of Human Rights at 70

Abstract

This paper provides an overview of the human rights provisions of the UN Charter and the detailed catalogue of human rights proclaimed in the historic UDHR. The drafting history of UDHR reveals many compromises and agreements among participating States representing different socio-political, legal, cultural and philosophical backgrounds. The salient features of human rights have been essayed, besides providing criticisms and praises of the Declaration. It also briefly discusses the significance of two International Covenants on Human Rights – the ICESCR and the ICCPR. The UDHR and the Covenants together with their Optional Protocols are known as the “International Bill of Human Rights”, the first in human history. The Universal Declaration was viewed as the first step in the formulation of an “International Bill”. It is a baseline of all international human rights documents, as it inspired their adoption. It discusses the significance and impact of UDHR in national and international politics. It argues that now the UDHR has become customary international law, as it has been invoked by national and international courts. The state practice during the last 70 years reveals that UDHR, though a non-binding resolution of the General Assembly, has acquired moral, legal, and political status. Since UDHR is considered as an explanation and elaboration of UN Charter provisions on human rights, UN members are obliged, to comply with them.