It is crucial to reflect on the progress made in the realm of human rights, and at the same time recognise the challenges that persist. Despite numerous strides, the current situation in Ukraine, Israel, Palestine, and many other places in the world serves as stark reminders that the journey towards universal human rights is far from over.
Human Rights Day, observed annually on 10th December, commemorates the day when the United Nations General Assembly adopted the Universal Declaration of Human Rights (UDHR) in 1948. This momentous declaration proclaimed the inalienable rights to which all individuals are entitled, regardless of their race, religion, nationality, gender, or any other status. It laid the foundation for the fundamental principles of human dignity, equality, and justice.
We all know that the Universal Declaration of Human Rights exists and is important, but have you ever actually read or listened to it? The UDHR outlines the rights and freedoms to which every person is entitled. We “feel” what the rights can be, but this is different to “know” for sure. Understanding these rights is the first step that empowers us to stand up against injustice and discrimination. Perhaps the best we can do on the 10th of December is to read or listen to the Declaration and reflect on it. What does it mean in 2023 that “everyone has the right to life, liberty and security of person” (Article 3 of the UDHR)? Or that “Everyone has the right to leave any country, including his own, and to return to his country” (Article 13(2) of the UDHR)?
It seems to be obvious today that “Everyone charged with a penal offence has the right to be presumed innocent until proved guilty according to law in a public trial (…)” (Article 11 of the UDHR), or that “Marriage shall be entered into only with the free and full consent of the intending spouses” (Article 16(2) of the UDHR), or that “Everyone has the right to rest and leisure, including reasonable limitation of working hours and periodic holidays with pay” (Article 24 of the UDHR).
Perhaps this is obvious to us because of the Universal Declaration of Human Rights and its impact on domestic legislation and international human rights law. These are the standards that must be respected in modern countries, or at least there is a general expectation for them to be respected. It was not always the case, and this is exactly why the Universal Declaration of Human Rights is a milestone. It represents a remarkable achievement in that it reflects a global consensus on the fundamental rights and freedoms that every individual should enjoy. It was adopted by a diverse group of nations, transcending cultural, political, and geographical boundaries.
The Universal Declaration of Human Rights is not perfect. Critics argue that the UDHR reflects a specific cultural and philosophical tradition, primarily rooted in Western Enlightenment ideals. This bias may not fully resonate with diverse cultural and religious perspectives around the world. Some say, that UDHR is a mere declaration and thus not a legally binding treaty. It lacks enforceability. Although it has influenced the development of international human rights law, there is no mechanism to ensure that nations adhere to its principles. This has led to concerns about the effectiveness of the UDHR in holding governments accountable for human rights violations.
Well, the work is not finished. On Human Rights Day 2023, the theme “Dignity, Freedom, and Justice for All“ reminds us that the realisation of human rights is not the responsibility of a few but a collective endeavour. Each one of us, in our capacities, can contribute to creating a world where every individual can live with dignity, enjoy freedom, and access justice. We, at IMD Solicitors know, that in pursuit of human rights, legal professionals play a crucial role by maintaining the highest ethical standards, raising awareness, or challenging discrimination and inequity (among other duties of lawyers and solicitors). We are reminded daily of the responsibility we bear in upholding the principles of justice and fairness, and we are proud to be a part of this positive movement.
This article is for general information only and does not constitute legal or professional advice. Please note that the law may have changed since this article was published.
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