Q6
10 Marks

Part B (Q6): Describe the main features of the Universal Declaration of Human Rights (UDHR).

Expert Answer

The Universal Declaration of Human Rights (UDHR) was adopted by the United Nations General Assembly on December 10, 1948 (celebrated globally as Human Rights Day). It was a historic document, drafted in the aftermath of WWII, representing the first time countries agreed on a comprehensive, universal list of human rights.

Main Features of the UDHR:

  1. Universality and Equality (Article 1 & 2): It explicitly states that "All human beings are born free and equal in dignity and rights," without distinction of any kind, such as race, color, sex, language, religion, or political opinion.
  2. Civil and Political Rights (Negative Rights): These articles protect the individual from state tyranny. They include:
    • The right to life, liberty, and security of person.
    • Absolute prohibition of slavery and torture.
    • The right to equality before the law and a fair trial.
    • Freedom of movement, thought, conscience, religion, and expression.
  3. Economic, Social, and Cultural Rights (Positive Rights): The UDHR famously recognized that political freedom means little if a person is starving. It mandates:
    • The right to work, to free choice of employment, and to equal pay for equal work.
    • The right to a standard of living adequate for health and well-being (including food, clothing, housing, and medical care).
    • The right to free education.
  4. Not a Binding Treaty, but Customary Law: Initially, the UDHR was a "declaration" (a statement of intent), not a legally binding treaty. However, over the decades, its provisions have been so widely accepted and integrated into national constitutions (like India's Fundamental Rights) that it is now largely considered binding "customary international law."