Universal Declaration Research Articles

Food sovereignty or food security? which way for sub-Saharan Africa

A lot of debates originating from the Americas and the global north have been ongoing regarding the right to food. These debates are centred around the concept of food sovereignty, pitting it against the more established food security concept. The right to food was first established in the Universal Declaration of Human Rights (1948) and incorporated into the International Covenant on Economic, Social and Cultural Rights (ICESCR).

Genomic Data Privacy and the Right to Science: Issues of Balance

The paper examines the confidentiality of genomic data. According to the author, genomic data is a special concept in the field of personal data and requires increased regulatory guarantees of legal protection and safeguards. In addition, the author considers the issue of the grounds for disclosure and use of this type of information. According to the researcher, this is possible only if there is a public interest in conducting scientific research that contributes to the implementation of the health function by the state. The right to science, enshrined in the Universal Declaration of Human Rights of 1948, can serve as a regulatory basis for this. The author notes that this right has not yet been established at the level of national legislation, which significantly complicates its understanding and definition of restrictions in its implementation. The paper also emphasizes the uniqueness of genomic information, which is characterized by features of identifiability and relative danger. These features are specified by the author in terms of the purpose and scope of the use of genetic data, their informational content, as well as the degree of their influence on the rights of the relevant person. In conclusion, the author puts forward am idea of one best way to balance the right to science and genomic data privacy, through which it will be possible to ensure both effective legal protection and a stable course of scientific evolution and progress.

Defending the Pluralistic Minimum Universality of Human Rights

The idea of ‘universal human rights’ has emerged as a significant topic on the global agenda with the intensification of globalisation through technological change, the spread of transport and digital communication tools, and the increased visibility of instances of gross human rights violations in diverse regions worldwide. However, the spirit of the ‘Universal Declaration of Human Rights’, which emerged in the aftermath of the wave of fascism in 20th century Europe and the devastation of the Second World War, is still unable to penetrate all parts of the world. Furthermore, the rise of authoritarian populism in recent years has the potential to lead to a retreat from the idea of universal human rights. Thusly, the main purpose of this article is to introduce a viable, effective, pluralistic and minimum universal understanding of human rights on which world public opinion can agree. Within this framework, the intellectual elements of radical universalism and radical relativism, which are the parties to the debate on the universality of human rights, have been subjected to a rigorous analysis. A philosophical discussion was held in order to put forward an understanding of human rights that is respectful of multiculturalism and does not leave individuals at the mercy of the countries and societies in which they live, and to overcome the dichotomy in question. Moreover, the possible obstacles to the implementation of human rights worldwide have been discussed and the limits and scope of the pluralistic minimum universalist understanding of human rights have been revealed.

International humanitarian law as a result of challenges of armed conflicts

The study is devoted to the analysis of the evolution of international humanitarian law in the context of the protection of human rights and freedoms during armed conflicts. The historical development of legal norms is considered, starting from the early attempts to regulate military operations to the formation of the modern system of international law. Special attention is paid to three key areas of development of international humanitarian law: Geneva, Hague and New York. The Geneva Conventions of 1949 and additional protocols to them, which became the foundation for the protection of war victims, are analyzed in detail. The Hague Conventions of 1899 and 1907, which established the rules of warfare and the principles of peaceful resolution of conflicts, are considered. The role of the UN in the development of international law is highlighted, in particular through the adoption of resolutions and the holding of international conferences. The work emphasizes the importance of creating universal standards for the protection of human rights and their consolidation at the level of international law. Key international documents such as the Universal Declaration of Human Rights, International Covenants on Human Rights and European Conventions are analyzed. The study reveals the process of integration of various aspects of humanitarian law, which led to the formation of a comprehensive approach to the regulation of armed conflicts. There is a growing understanding of the relationship between human rights, the rules of war and the protection of civilians. Particular attention is paid to modern challenges in the field of human rights protection during armed conflicts, in particular in the context of the Russian-Ukrainian war. Ukraine’s efforts to adapt national legislation to the conditions of armed conflict and the implementation of international norms are considered. The study emphasizes the need for continuous improvement of mechanisms for the protection of human rights in the conditions of armed conflicts and adaptation of international law to the new realities of warfare. The work is important for understanding the current state of international humanitarian law and the prospects for its development.

To What Extent can Parental Rights be Limited by “Minimum Educational Standards as may be Laid Down or Approved by the State”?

ABSTRACT The Universal Declaration of Human Rights (1948) affirms parental rights in education through a simple statement: “Parents have a prior right to choose the kind of education that shall be given to their children.” However, in subsequent international treaties, this right is framed with greater complexity. Notably, the International Covenant on Economic, Social, and Cultural Rights (ICESCR), the UNESCO Convention against Discrimination in Education (CADE), and the Convention on the Rights of the Child (CRCh) introduce the requirement that this freedom must align with “minimum educational standards” set by the State. In contemporary discussions, the State’s role in regulating and limiting parental rights is increasingly seen as central to the right to education. This raises critical questions about how far such standards can go in restricting parental choice for broader political goals, such as promoting social cohesion. This paper aims to examine the concept of “minimum educational standards” and the extent to which they can be used to curtail parental rights, analyzing key human rights mechanisms and their interpretations. It seeks to clarify the balance between parental freedom in education and State-imposed regulations within the framework of international human rights law.

Applying critical pedagogies to human rights education

ABSTRACT The right to education is recognised in international human rights law, underpinned by guidance for human rights education to assure the goals of the UN Charter. While this vision for human rights education has been around since the 1948 Universal Declaration of Human Rights, recent developments at UN level have galvanised interdisciplinary scholarship, drawing pedagogical frameworks from education studies, sociology, development studies, psychology, and philosophy into the teaching of international human rights law generally situated within law schools in higher education. Yet scholarship on the pedagogy of human rights education is in its infancy. Recent trends point to the transformative potential of utilising radical and critical pedagogies in furtherance of human rights education. Adding to the toolkit, this article presents a conceptually oriented framework for application to human rights educational practice. It builds on critical human rights education scholarship, interrogating how human rights education can tackle structural injustice, elucidating ways to infuse classroom learning with horizontal human rights principles, and examining the psychosocial factors in this kind of learning. The application of critical pedagogies to human rights education will be of interest to human rights educators and students of human rights everywhere.

Enhancing Social Sustainability in Malaysian Supply Chains: Integrating Occupational Safety and Health for Resilient and Ethical Business Practices

This conceptual paper examines the insufficient integration of Occupational Safety and Health into Malaysian supply chains' social sustainability frameworks, despite its recognized impact on worker well-being and economic performance. While Malaysia has advanced in sustainability overall, incorporating OSH into broader social responsibility strategies remains underdeveloped. This paper argues that protecting worker well-being is essential for sustainable supply chains, directly contributing to social sustainability and economic performance. The study examines the ethical, legal, and business justifications for prioritizing OSH in supply chain management. It draws upon international human rights declarations, treaties, and conventions, including the Universal Declaration of Human Rights, the International Covenant on Economic, Social and Cultural Rights, and the ILO's Occupational Safety and Health Convention, to underscore the fundamental right to a safe and healthy work environment. This model developed through analysis of existing literature and policy frameworks, aims to guide a more comprehensive approach to OSH management within Malaysian supply chains. By analyzing these frameworks, the paper highlights the need for a comprehensive approach that aligns OSH with international standards and sustainable development goals. Ultimately, it advocates for a more resilient and equitable supply chain framework in Malaysia, where worker well-being is central to sustainable business practices.

HUMAN RIGHTS AND CRIMINAL PROCEDURE

Human rights in criminal processing are crucial for ensuring justice and protecting individual freedoms within legal systems. This paper examines the integration of human rights standards throughout various stages of criminal processing, from arrest and investigation to trial and sentencing. It highlights key rights, such as the right to be free from torture and inhumane treatment, the right to legal representation, the right to be informed of charges, and the presumption of innocence. The influence of international human rights instruments, including the Universal Declaration of Human Rights (UDHR) and the on Civil and Political Rights (ICCPR), on shaping national policies and practices is explored. Additionally, the paper addresses contemporary issues such as discrimination, wrongful convictions, and the impact of technological advancements on privacy rights. The study underscores the need for continuous reforms and robust oversight mechanisms to ensure that criminal processing aligns with human rights principles, ultimately fostering a fair and equitable justice system.

Redefining Protection: Challenges and Solutions in Safeguarding Religious Minorities within International and Regional Legal Frameworks

This paper examines the challenges in defining and safeguarding religious minorities within international and regional legal frameworks. It explores the main research question of how existing legal instruments and definitions impact the protection of religious minorities and aims to propose recommendations for improving these protections. Through a literature review and critical analysis of international and regional legal frameworks, including the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, and various regional instruments, the paper identifies significant gaps and inconsistencies in current protections. Key issues highlighted include the lack of a universally accepted definition of religious minorities, the limitations of international and regional instruments, and the varying interpretations of religious rights by bodies such as the European Court of Human Rights. The paper concludes with recommendations for clearer definitions, more robust legal provisions, and enhanced international and regional cooperation to better safeguard the rights of religious minorities. The findings emphasize the need for more effective approaches to protecting religious diversity and ensuring proper representation.

노동인권교육의 재구조화와 수업 전략들

Labor brings big effect on human life. Therefore, if we hope people live with human dignity, the whole human rights must be applied to labor. But, in now, the whole human rights is not applied to the current labor related human rights education. For example, in the current labor related human rights education, human rights in labor is limited to article 23, 24 of universal declaration of human rights, and political rights is not applied to labor. And the current labor related human rights education focus on civil rights rather than human rights, and the content of the current labor related human rights education is a little abstract. Therefore, the current labor related human rights education need to be reconstructed in perspective of the whole human rights. The Alternative labor related human rights education have to make contributions for students to has well being (eudaimonia) based on human rights, and to examine labor history critically in perspective of the whole human rights, and to examine the structure of labor in the contemporary society critically in perspective of the whole human rights and to make labor to be human rights friendly. And The Alternative labor related human rights education must teaches laborer’s political rights as well as labor’s three primary rights. And The Alternative labor related human rights education must make much efforts for youth’s labor and labor in future to be well-being(eudaimonia) based on human rights and make much efforts for the whole human rights to be applied to labor. Labor must not be performed only for economic logic. It must be performed for all people’s well-being and human dignity.

Interpretation of legal duty in the American legal tradition

Human rights, as enshrined in current international legal instruments, are the result of long-term historical development and the gradual formation of standards that have become the norm in modern democratic society. The formation of such unified standards for regulating social life has led to the modern doctrine of human rights being based on universal principles and values, including freedom, equality, justice, and the inalienability of fundamental human rights. However, despite the commonality of these values and principles on which the modern idea of human rights is founded, its formation and gradual development occurred under the influence of cultural, historical, political, and sociological factors of individual states or entire regions. These factors led to the emergence of distinct legal traditions. A legal tradition is understood as a deeply rooted and historically conditioned attitude of people towards the role of law in society, the nature of law, as well as the organization and functioning of the legal system as a whole. The legal tradition, in turn, leads to certain differences or authenticity in the interpretation of various legal categories, as their formation occurred through the prism of unique circumstances characteristic of a particular legal tradition. Studying approaches to interpreting certain legal phenomena in specific legal traditions allows for a broader understanding of a given legal concept, revealing its peculiarities in the legal systems of individual states, and conducting a comparative analysis of its interpretation alongside other legal traditions. Today, when discussing human rights and obligations, we often refer to sources of the European legal tradition, which undoubtedly play an important role in the modern understanding of human rights. However, it would be incorrect to overlook the contributions of other legal traditions, particularly the American one. The emergence of the modern system of human rights and obligations on the American continent is associated with the activities of the Organization of American States, as well as the adoption of such acts as the American Declaration of the Rights and Duties of Man of 1948 and the American Convention on Human Rights of 1969. It should be noted that the American Declaration of the Rights and Duties of Man preceded the Universal Declaration of Human Rights of 1948 by six months, which underscores the significance of this act in the process of establishing an international system of human rights and their protection. A characteristic feature of this Declaration, which distinguishes it from the Universal Declaration of Human Rights of 1948 and a number of other European human rights acts, is its extensive list of duties impos ed on individuals. Thus, to identify the peculiarities of interpreting the category of legal duty, it would be appropriate to study this fundamental normative legal act of the American legal tradition in the field of human rights and duties. Furthermore, studying normative legal acts that regulate both human rights and duties will allow us to outline the mechanism of establishing and normatively formulating key human duties in the American legal tradition.

Women's Right to Terminate Marriage by Individual Will According to Saudi Family Law

The issue of protecting women's rights has garnered extensive attention from international organizations, particularly the United Nations, through a range of international covenants and agreements, most notably the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, and the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW). Since the provisions of these declarations and agreements mandate equality between men and women upon the dissolution of marriage and prohibit discrimination against women in ending a marriage, and given that the marriage and divorce system in Islamic societies is religious, based on the sacred texts of Islamic Sharia, Islamic countries have attempted in their national laws to grant women the right to end the marital bond in a manner consistent with international agreements on one hand, and not in conflict with Islamic Sharia on the other. This study highlights the efforts of the Kingdom of Saudi Arabia in supporting women's right to unilaterally terminate a marriage, in line with the provisions of the international agreements to which the Kingdom is a party, while also adhering to the sacred Islamic texts relevant to this context. The Saudi legislator has selected jurisprudential interpretations and explanations of Islamic texts that support this direction, avoiding strict interpretations and opinions on this issue, to balance as much as possible between the provisions of Islamic Sharia and the demands of modernity and development. This has resulted in a means that aims to establish balance upon the dissolution of a marriage. The study concluded that Saudi Arabia has made significant progress in this area, and it can ensure more rights for women by exploring non-strict religious opinions and jurisprudential interpretations.

Prisoner's Rights in Somalia Law and International Law: Comparative Analysis

The article, titled "Comparative Analysis of Prisoners' Rights in Somali Law and International Law," seeks to investigate the compatibility of Somalia's domestic legislation with prevailing global standards, treaties, and principles relating to the rights of prisoners. The research methodology utilized in this study is qualitative, with a specific focus on document analysis, the researcher considers this method is regarded more reliable than alternative methods due to its precise interpretation of legal content. Existing literature on Somalia's prison facilities reveals substandard living conditions that do not meet international benchmarks, encompassing issues such as inadequate food and water quality, poor sanitation, legal system uncertainties, and insufficient mechanisms for monitoring prison conditions; therefore, this study will address the gap in comparing prisoner rights at the national and international levels where such a comparison is currently lacking. Since the establishment of the United Nations in 1945, numerous conventions aimed at protecting human rights, including those of prisoners, have been established at the international level. These include the Universal Declaration of Human Rights in 1948, the International Covenant on Civil and Political Rights in 1966, the Convention against Torture in 1987, the Kampala Declaration in 1996, and the Nelson Mandela Rules in 2015. These conventions emphasize that prisoners possess inherent human dignity, deserve better living conditions, and have the right to education and employment. International mechanisms are in place to safeguard prisoners' rights, a commitment mirrored in Somalia's national laws. However, unlike international law, Somalia's national legislation does not strongly emphasize the prohibition of torture and the use of solitary confinement as a last resort for disciplinary measures.

The Right to Life of the Unborn in the Universal Declaration of Human Rights: Through the Prism of the Drafting Process

After the 75th anniversary of adopting the Universal Declaration of Human Rights, we can state that some of its provisions still cause discussions about a basic and inherent right – the right to life. Getting a new “breath” after the Roe v. Wade case’s overturning, the battle between women’s abortion rights supporters and the protectors of the right to life for the unborn seems to get a new round. Worldwide experts in different fields start to find new arguments or remember the old ones to have solid proof in the discussions. It is too hard to find a more fundamental international document in the human rights field than the Universal Declaration of Human Rights, which can be used in this case. Many scholars’ papers claim that the Declaration is only for an already-born person and does not cover the unborn one. However, such a vision is incorrect and causes many misunderstandings and false interpretations of the international basis of human rights protection. This work will try to dispel the myth that the Declaration was written only for a born person. After analyzing hundreds of documents from the Declaration drafting process, using historical facts and drafters’ statements, we hope to shed light on the real essence of the Universal Declaration of Human Rights about the right to life.

The Right to Freedom of Opinion and Expression of The Members of The Institution of The National Police of Peru

Likewise, we intend to have police officers whose fundamental rights are respected in accordance with the provisions of the Political Constitution of Peru, in the understanding that they have the right to opinion and expression just like any Peruvian citizen, so that they serve society in the different fields of action thus contributing to the development of the country. Promote a true rule of law and respect for the fundamental rights of the members of the National Police of Peru, because the imposed silence harms the members of the National Police; All citizens are equal before the law. Recognize the dignity of the Police as a human being, expressed in their freedom of the right to opinion and expression. The value of the human person is above all else. The person is the end, the rest is the means. That the Members of the Police Institution of Peru be recognized the right to Opinion and expression because they are positive human rights in a legal system. It can be stated that they are human rights concretized spatially and temporally in a specific State. Human rights terminologies are used in the international arena. because what they are expressing is the planetary will of international declarations, the universal declaration of human rights as opposed to fundamental rights.

Hungary's attacks on human dignity: Article 2 TEU and the foundations of democracy in the European Union

AbstractWhile in Poland the October 2023 elections led to a government halting the rule of law crisis, in Hungary the political situation continues to deteriorate. Focusing on European Parliament resolutions, this article analyses Hungarian developments from the prism of human dignity, the EU's first foundational value under Article 2 TEU. First the article discusses the key features of human dignity with reference to the original commitment to human dignity under the 1948 Universal Declaration of Human Rights and to the EU Charter. Secondly, it uses these key features as an analytical grid for evidencing the construction of a counter‐model of human beings made to live in a society of inequality and exclusion. Finally, this paper outlines five reasons why human dignity as the first Article 2 value is breached by the Hungarian regime and why the EU Commission's decision not to trigger Article 7(2) is so problematic.

A MERCANTILIZAÇÃO NO ENSINO E SUAS CONSEQUÊNCIAS

Education presents itself as a central pillar for citizens’ training processes, whether within the family, at work, in institutions or in society. The Universal Declaration of Human Rights and the Brazilian Constitution of 1988 guarantee education as an assured right that must be offered to the entire population. However, together with the growth in access to education for the various social classes, there is also a breakdown of education due to the entry of private institutions. This study aims to demonstrate the evolution and negative influences from the private sectors in Brazilian education, training less qualified professionals, thus harming the whole of society.

The references of the nations: Introducing a corpus of United Nations General Assembly resolutions since 1946 and their citation network

This article introduces a novel corpus containing all resolutions adopted by the United Nations General Assembly (UNGA) from 1946 to 2019, the network of citations between them, and an online tool for exploring them. Resolutions adopted by the organization provide a valuable record of the evolution of multilateralism and political ideas on the global stage. Given that resolutions typically cite past ones, the resulting network of references offers a wealth of information on the UNGA’s most relevant themes over time. This article applies network analysis to the corpus of approximately 18,000 resolutions and 77,000 citations, aiming to answer questions such as: What are the most cited resolutions of all? Are there thematic clusters? And can we delineate historic patterns based on themes prioritized? Our findings show that leading resolutions, such as the Universal Declaration of Human Rights, stemmed from the early years of the UNGA and created cores around which thematic clusters emerged. We conclude by listing highly cited resolutions and prominent clusters, while also conducting a descriptive exploration of how some of the largest clusters formed. The dominant clusters addressed human rights, development, decolonization and peace and security, and by monitoring their evolution we offer a new, data-intensive account of the interaction between these topics since 1946.

Human rights education as a human right – A logical analysis based on Kanger’s theory of rights

This article provides a theoretical foundation to argue for an effective and meaningful realization of human rights education in school curricula and beyond. Despite emerging research on a content-related basis and large-scale initiatives, the practical realization of human rights education is mostly still a desideratum. By analyzing relevant documents by the United Nations (UN), particularly the Universal Declaration of Human Rights (UNGA, 1948), this paper shows that human rights education is a human right itself. Upon joining the UN, member states pledged to provide human rights education to all citizens. However, the question what it means to ensure the right to human rights education is complex because the concept of ‘right’ is ambiguous. Thus, this manuscript logically analyzes the right to human rights education by means of Kanger’s theory of rights that encompasses a classification of all possible types of right. The analysis shows that the right to human rights education consists of two complex types of right that contain both a claim right as well as service rights. The author concludes that in order to meet the obligations of the UN Charta, UN member states are required (1) to provide mandatory human rights education in compulsory education and (2) to grant access to human rights education to all citizens.

The UDHR at 75: Analysing the Prevalence of the Use of the UDHR and Other Human Rights Treaties in the Work of the Constitutional Court of South Africa

South Africa’s democracy turned 30 years old in 2024. At the same time, its constitutional order and jurisprudence marked three decades since the Interim Constitution and its successor, the 1996 Constitution, came into operation. Coincidentally, the Universal Declaration of Human Rights (UDHR) turned 75 years old in the previous year, 2023. The confluence of these facts is quite poignant in the context of a constitutional text that is often lauded for its commitment to the protection of human rights and the eradication of the injustices of the past, which were firmly entrenched by the segregationist policies of the apartheid regime. At the centre of this hype about South African constitutional jurisprudence is the centrality of international law to the interpretation of the Bill of Rights as well as the development of the common law, customary law, and statutory law. With the UDHR being such a central pillar in the human rights sector, this study set out to determine the extent to which the Constitutional Court of South Africa relied on the UDHR and other international instruments in carrying out the mandate set out above. The study analysed cases delivered by the Court in two separate years, spaced ten years apart. The study did not necessarily attempt to determine a correlation, but simply to use descriptive statistics to determine how often, in those two years, the Court relied on international law in general, and on the UDHR in particular, in its interpretive and legal development mandate.