IHR PROJECT

UILS, Panjab University

Project on “UNIVERSAL
DECLARATION OF
HUMAN RIGHTS”

INTERNATIONAL HUMAN
RIGHTS

SUBMITTED TO : SUBMITTED BY :
Dr. Jasneet Walia Gauri

143/17

Section C

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 IHR PROJECT
UILS, Panjab University

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 ACKNOWLEDGEMENT

Respected ma’am

I, Gauri (143/17) would like to thank you for giving me the opportunity of make project on the
topic “UNIVERSAL DECLARATION OF HUMAN RIGHTS”. It was very interesting as well as
informative in making this report.

I would also like to thank my parents and friends for their constant guidance and support and at
the same time I would also like to express my gratitude towards the internet for providing me
with such a pool of knowledge.

Thankyou all.
 TABLE OF CONTENTS

INTERNATIONAL HUMAN RIGHTS.....................................................................................1

ACKNOWLEDGEMENT..............................................................................................................2
INTRODUCTION TO THE INTERNATIONAL BILL OF HUMAN RIGHTS..........................5
MAKING OF THE UDHR.............................................................................................................6
INTRODUCTION TO THE UDHR...............................................................................................6
CONTENTS OF UDHR..................................................................................................................9
Preamble......................................................................................................................................9
Article 1....................................................................................................................................10
Article 2....................................................................................................................................10
Article 3....................................................................................................................................10
Article 4....................................................................................................................................10
Article 5....................................................................................................................................10
Article 6....................................................................................................................................10
Article 7....................................................................................................................................10
Article 8....................................................................................................................................10
Article 9....................................................................................................................................11
Article 10..................................................................................................................................11
Article 11..................................................................................................................................11
Article 12..................................................................................................................................11
Article 13..................................................................................................................................11
Article 14..................................................................................................................................11
Article 15..................................................................................................................................11
Article 16..................................................................................................................................12
Article 17..................................................................................................................................12
Article 18..................................................................................................................................12
Article 19..................................................................................................................................12
Article 20..................................................................................................................................12
Article 21..................................................................................................................................12
Article 22..................................................................................................................................13
Article 23..................................................................................................................................13
Article 24..................................................................................................................................13
 Article 25..................................................................................................................................13
Article 26..................................................................................................................................13
Article 27..................................................................................................................................14
Article 28..................................................................................................................................14
Article 29..................................................................................................................................14
Article 30..................................................................................................................................14
UDHR AND THE CONSTITUTION OF INDIA: A COMPARISION.......................................15
CONCLUSION: An overview and Legal significance of the Principles Universal Declaration of
Human Right.................................................................................................................................18
BIBLIOGRAPHY.........................................................................................................................20
 INTRODUCTION TO THE INTERNATIONAL BILL OF HUMAN
RIGHTS

The International Bill of Human Rights consists of the Universal Declaration of Human Rights,
the International Covenant on Economic, Social and Cultural Rights, and the International
Covenant on Civil and Political Rights and its two Optional Protocols.

Human rights had already found expression in the Covenant of the League of Nations, which
led, inter alia, to the creation of the International Labour Organisation. At the 1945 San
Francisco Conference, held to draft the Charter of the United Nations, a proposal to embody a
"Declaration on the Essential Rights of Man" was put forward but was not examined because it
required more detailed consideration than was possible at the time. The Charter clearly speaks of
"promoting and encouraging respect for human rights and for fundamental freedoms for all
without distinction as to race, sex, language or religion" (Art. 1, para. 3). The idea of
promulgating an "international bill of rights" was also considered by many as basically implicit
in the Charter.

The Preparatory Commission of the United Nations, which met immediately after the closing
session of the San Francisco Conference, recommended that the Economic and Social Council
should, at its first session, establish a commission for the promotion of human rights as
envisaged in Article 68 of the Charter. Accordingly, the Council established the Commission on
Human Rights early in 1946.1

At its first session, in 1946, the General Assembly considered a draft Declaration on
Fundamental Human Rights and Freedoms and transmitted it to the Economic and Social
Council "for reference to the Commission on Human Rights for consideration . . . in its
preparation of an international bill of rights" (resolution 43 (I)). The Commission, at its first
session early in 1947, authorized its officers to formulate what it termed "a preliminary draft
International Bill of Human Rights". Later the work was taken over by a formal drafting
committee, consisting of members of the Commission from eight States, selected with due
regard for geographical distribution.2

1
https://humanrights.gov.au/our-work/what-universal-declaration-human-rights
2
https://www.hurights.or.jp/archives/other_publications/section1/pdf/Principles%2C%20Rights%2C%20Duty%20a
nd%20Pedagogy.pdf
 MAKING OF THE UDHR

In the beginning, different views were expressed about the form the bill of rights should take.
The Drafting Committee decided to prepare two documents: one in the form of a declaration,
which would set forth general principles or standards of human rights; the other in the form of a
convention, which would define specific rights and their limitations. Accordingly, the
Committee transmitted to the Commission on Human Rights draft articles of an international
declaration and an international convention on human rights. At its second session, in December
1947, the Commission decided to apply the term "International Bill of Human Rights" to the
series of documents in preparation and established three working groups: one on the declaration,
one on the convention (which it renamed "covenant") and one on implementation. The
Commission revised the draft declaration at its third session, in May/June 1948, taking into
consideration comments received from Governments. It did not have time, however, to consider
the covenant or the question of implementation. The declaration was therefore submitted through
the Economic and Social Council to the General Assembly, meeting in Paris. 3

By its resolution 217 A (III) of 10 December 1948, the General Assembly adopted the Universal
Declaration of Human Rights as the first of these projected instruments.

INTRODUCTION TO THE UDHR

In perhaps the most resonant and beautiful words of any international agreement, “all human
beings are born free and equal in dignity and rights”. The commitments made by all States in the
Universal Declaration of Human Rights are in themselves a mighty achievement, discrediting
the tyranny, discrimination and contempt for human beings that have marked human history.

The Universal Declaration promises to all the economic, social, political, cultural and civic
rights that underpin a life free from want and fear. They are not a reward for good behaviour.
They are not country-specific, or particular to a certain era or social group. They are the
inalienable entitlements of all people, at all times, and in all places — people of every colour,
from every race and ethnic group; whether or not they are disabled; citizens or migrants; no
matter their sex, their class, their caste, their creed, their age or sexual orientation.

Human rights abuses did not end when the Universal Declaration was adopted. But since then,
count- less people have gained greater freedom. Violations have been prevented; independence
and autonomy have been attained. Many people – though not all – have been able to secure
freedom from torture, unjustified imprisonment, summary execution, enforced disappearance,
persecution and unjust discrimination, as well as fair access to education, economic
opportunities, and adequate resources and health-care. They have obtained justice for wrongs,

3
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and national and international protection for their rights, through the strong architecture of the
international human rights legal system.

The power of the Universal Declaration is the power of ideas to change the world. It inspires us
to continue working to ensure that all people can gain freedom, equality and dignity. One vital
aspect of this task is to empower people to demand what should be guaranteed: their human
rights. This booklet constitutes a modest but significant contribution to that work.

The Universal Declaration of Human Rights has been the centre piece of the modern
international law of human rights for more than seventy years. If anything, its significance
continues to grow. The official drafting history is important to the historiography of the
Universal Declaration of Human Rights as well as to human rights law more generally. It is also
of special relevance to the interpretation of the Declaration. When a document such as the
Declaration is being negotiated, participating states are quite conscious of the fact that they are
constructing a documentary record that will be consulted in the future and quite possibly invoked
in legal disputes. They make statements and reservations that are intended to condition the future
interpretation of the text that is being adopted. 4

“All human beings are born free and equal in dignity and rights... Everyone has the right to life,
liberty and security of person ... All are equal before the law.” With these fundamental words,
the 1948 Universal Declaration of Human Rights recognized that all the human rights – civil,
cultural, economic, political and social – belonged inherently to all the people of the world. The
Declaration is the cornerstone of modern human rights law: it stipulates that these rights
inherently belong to people, rather than being “gifts” which can be bestowed upon them, or
denied to them, by design, fate or the whims of their rulers. Composed of 30 succinct provisions,
the Declaration has probably had more impact on mankind than any other document in modern
history. Adopted in the 5 official languages of the United Nations, it has been translated into
another 380 versions, all of them available on the website of the Office of the High
Commissioner for Human Rights. The Declaration offers a “common understanding” of the
rights and freedoms enshrined in the Declaration itself, and the Charter of the United Nations, as
well as the many general and specialized treaties, declarations and other instruments that
followed its adoption. Immediately after the end of the Second World War, statesmen and
stateswomen, diplomats, journalists, activists and – above all – the “common people”, to use the
words of the inspiring preamble to the Declaration, wanted to prevent such a devastating conflict
ever happening again. This meant tackling its causes as well as its aftermath. They were
determined to ensure that there would never be another Holocaust, and that everyone especially
the poor, the hungry, the displaced and the marginalized – would in future have systems to
support them and international legal frameworks to protect them.

Today, the international human rights movement has many dimensions. Professionals and
activists take on a variety of roles, as diplomats, NGO campaigners and ordinary citizens who

4
Mary A. Glendon, Knowing the Universal Declaration of Human Rights, 73 Notre Dame L. Rev. 1153 (1998) at
https://dash.harvard.edu/bitstream/handle/1/12991698/Knowing%20the%20Universal%20Declaration%20of%20
Human%20Rights.pdf?sequence=1
participate in the development of the shared vision launched by the Declaration. As Eleanor
Roosevelt once said, human rights begin in small places, close to home. An important
contribution to this constantly evolving system is made by scholars and academics, which enrich
our grasp of the content of international human rights. They examine the history of human
rights, analyzing the themes of the time and the unresolved debates. This exploration of the past
helps in better understanding the present as well as in pointing the way to the future.

Many of the principles that underpin the modern law of human rights can be traced back
centuries, and even further. Religious texts and writings of ancient philosophers provide a fertile
source. These materials are of special interest to those who base the norms we recognize today in
natural law. From such a standpoint, fundamental rights and the protection of human dignity are
and always have been our entitlement. Following this natural law perspective, the Universal
Declaration of Human Rights is more of a codification of existing principles than an exercise in
creative lawmaking. Certainly, nobody would contend that the Universal Declaration was cut
from whole cloth. Nevertheless, it is also evident from these travaux préparatoires that the
drafters were also setting new standards, provoked by a desire to put the misery of the social and
political environment associated with the Second World War behind them. They were also
sensitive to the evolving nature of human rights; the standards they defined should also leave
room for growth and expansion as principles of human decency evolved. Either way, whether
one’s philosophical bent is towards natural law or whether it is more positivistic, the process by
which the fundamental norms were identified during 1947 and 1948 is of profound interest.5

The most direct ancestor of the actual language in the Universal Declaration is the Magna Carta,
a covenant imposed by his barons upon the English king in 1215. It set out certain rights for
“freemen” and affirmed that even the monarch was not above the law. The Magna Carta
launched an increasingly robust legal tradition that manifested itself in such texts as the Habeas
Corpus Acts and the 1688 Bill of Rights. In the seventeenth century, religious and political
refugees brought this law with them to the United States where, as part of the War of
Independence, the norms became entrenched in the Constitution. Over the next 150 years, the
proclamations of the Americans and the French provided models for many others who associated
statehood and independence with an entitlement of individuals to certain fundamental rights. By
the early twentieth century, fundamental human rights were familiar components of many
national constitutions. However, there were as yet no global benchmark nor, for that matter, a
proper forum in which to proclaim one.6

5
The Changing Fortunes of the Universal Declaration of Human Rights: Genesis and Symbolic Dimensions of the
Turn to Rights in International Law The European Journal of International Law Vol. 19 no. 5.
6
http://libraryresources.unog.ch/c.php?g=462664&p=3163021
 CONTENTS OF UDHR
Preamble

Whereas recognition of the inherent dignity and of the equal and inalienable rights of all
members of the human family is the foundation of freedom, justice and peace in the world,

Whereas disregard and contempt for human rights have resulted in barbarous acts which have
outraged the conscience of mankind, and the advent of a world in which human beings shall
enjoy freedom of speech and belief and freedom from fear and want has been proclaimed as the
highest aspiration of the common people,

Whereas it is essential, if man is not to be compelled to have recourse, as a last resort, to

rebellion against tyranny and oppression, that human rights should be protected by the rule of
law,

Whereas it is essential to promote the development of friendly relations between nations,

Whereas the peoples of the United Nations have in the Charter reaffirmed their faith in
fundamental human rights, in the dignity and worth of the human person and in the equal rights
of men and women and have determined to promote social progress and better standards of life
in larger freedom,

Whereas Member States have pledged themselves to achieve, in co-operation with the United
Nations, the promotion of universal respect for and observance of human rights and fundamental
freedoms,

Whereas a common understanding of these rights and freedoms is of the greatest importance for
the full realization of this pledge,

Now, Therefore THE GENERAL ASSEMBLY proclaims THIS UNIVERSAL

DECLARATION OF HUMAN RIGHTS as a common standard of achievement for all peoples
and all nations, to the end that every individual and every organ of society, keeping this
Declaration constantly in mind, shall strive by teaching and education to promote respect for
these rights and freedoms and by progressive measures, national and international, to secure
their universal and effective recognition and observance, both among the peoples of Member
States themselves and among the peoples of territories under their jurisdiction. 7

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Article 1

All human beings are born free and equal in dignity and rights. They are endowed with reason
and conscience and should act towards one another in a spirit of brotherhood.

Article 2

Everyone is entitled to all the rights and freedoms set forth in this Declaration, without
distinction of any kind, such as race, colour, sex, language, religion, political or other opinion,
national or social origin, property, birth or other status. Furthermore, no distinction shall be
made on the basis of the political, jurisdictional or international status of the country or territory
to which a person belongs, whether it be independent, trust, non-self-governing or under any
other limitation of sovereignty.

Article 3

Everyone has the right to life, liberty and security of person.

Article 4

No one shall be held in slavery or servitude; slavery and the slave trade shall be prohibited in all
their forms.

Article 5

No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.

Article 6

Everyone has the right to recognition everywhere as a person before the law.

Article 7

All are equal before the law and are entitled without any discrimination to equal protection of
the law. All are entitled to equal protection against any discrimination in violation of this
Declaration and against any incitement to such discrimination.

Article 8

Everyone has the right to an effective remedy by the competent national tribunals for acts
violating the fundamental rights granted him by the constitution or by law.8

8 ibid

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Article 9

No one shall be subjected to arbitrary arrest, detention or exile.

Article 10

Everyone is entitled in full equality to a fair and public hearing by an independent and impartial
tribunal, in the determination of his rights and obligations and of any criminal charge against
him.

Article 11

(1) Everyone charged with a penal offence has the right to be presumed innocent until proved
guilty according to law in a public trial at which he has had all the guarantees necessary for
his defence.
(2) No one shall be held guilty of any penal offence on account of any act or omission which
did not constitute a penal offence, under national or international law, at the time when it
was committed. Nor shall a heavier penalty be imposed than the one that was applicable at
the time the penal offence was committed.

Article 12

No one shall be subjected to arbitrary interference with his privacy, family, home or
correspondence, nor to attacks upon his honour and reputation. Everyone has the right to the
protection of the law against such interference or attacks.

Article 13

(1) Everyone has the right to freedom of movement and residence within the borders of each
state.
(2) Everyone has the right to leave any country, including his own, and to return to his
country.

Article 14

(1) Everyone has the right to seek and to enjoy in other countries asylum from persecution.
(2) This right may not be invoked in the case of prosecutions genuinely arising from non-
political crimes or from acts contrary to the purposes and principles of the United Nations.

Article 15

(1) Everyone has the right to a nationality.9

9
ibid

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(2) No one shall be arbitrarily deprived of his nationality nor denied the right to change his
nationality.

Article 16

(1) Men and women of full age, without any limitation due to race, nationality or religion,
have the right to marry and to found a family. They are entitled to equal rights as to
marriage, during marriage and at its dissolution.
(2) Marriage shall be entered into only with the free and full consent of the intending
spouses.
(3) The family is the natural and fundamental group unit of society and is entitled to
protection by society and the State.

Article 17

(1) Everyone has the right to own property alone as well as in association with others.
(2) No one shall be arbitrarily deprived of his property.

Article 18

Everyone has the right to freedom of thought, conscience and religion; this right includes
freedom to change his religion or belief, and freedom, either alone or in community with others
and in public or private, to manifest his religion or belief in teaching, practice, worship and
observance.

Article 19

Everyone has the right to freedom of opinion and expression; this right includes freedom to hold
opinions without interference and to seek, receive and impart information and ideas through any
media and regardless of frontiers.

Article 20

(1)Everyone has the right to freedom of peaceful assembly and association.

(2) No one may be compelled to belong to an association.

Article 21

(1) Everyone has the right to take part in the government of his country, directly or through
freely chosen representatives.
(2) Everyone has the right of equal access to public service in his country.

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(3) The will of the people shall be the basis of the authority of government; this will shall be
expressed in periodic and genuine elections which shall be by universal and equal
suffrage and shall be held by secret vote or by equivalent free voting procedures.

Article 22

Everyone, as a member of society, has the right to social security and is entitled to realization,
through national effort and international co-operation and in accordance with the organization
and resources of each State, of the economic, social and cultural rights indispensable for his
dignity and the free development of his personality.

Article 23

(1) Everyone has the right to work, to free choice of employment, to just and favourable
conditions of work and to protection against unemployment.
(2) Everyone, without any discrimination, has the right to equal pay for equal work.
(3) Everyone who works has the right to just and favourable remuneration ensuring for
himself and his family an existence worthy of human dignity, and supplemented, if
necessary, by other means of social protection.
(4) Everyone has the right to form and to join trade unions for the protection of his interests.

Article 24

Everyone has the right to rest and leisure, including reasonable limitation of working hours and
periodic holidays with pay.

Article 25

(1) Everyone has the right to a standard of living adequate for the health and well-being of
himself and of his family, including food, clothing, housing and medical care and necessary
social services, and the right to security in the event of unemployment, sickness, disability,
widowhood, old age or other lack of livelihood in circumstances beyond his control.
(2) Motherhood and childhood are entitled to special care and assistance. All children, whether
born in or out of wedlock, shall enjoy the same social protection.10

Article 26

(1) Everyone has the right to education. Education shall be free, at least in the elementary
and fundamental stages. Elementary education shall be compulsory. Technical and
professional education shall be made generally available and higher education shall be
equally accessible to all on the basis of merit.

10
ibid
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(2) Education shall be directed to the full development of the human personality and to the
strengthening of respect for human rights and fundamental freedoms. It shall promote
understanding, tolerance and friendship among all nations, racial or religious groups, and
shall further the activities of the United Nations for the maintenance of peace.
(3) Parents have a prior right to choose the kind of education that shall be given to their
children.

Article 27

(1) Everyone has the right freely to participate in the cultural life of the community, to enjoy
the arts and to share in scientific advancement and its benefits.
(2) Everyone has the right to the protection of the moral and material interests resulting from
any scientific, literary or artistic production of which he is the author.

Article 28

Everyone is entitled to a social and international order in which the rights and freedoms set forth
in this Declaration can be fully realized.

Article 29

(1) Everyone has duties to the community in which alone the free and full development of
his personality is possible.
(2) In the exercise of his rights and freedoms, everyone shall be subject only to such
limitations as are determined by law solely for the purpose of securing due recognition
and respect for the rights and freedoms of others and of meeting the just requirements of
morality, public order and the general welfare in a democratic society.
(3) These rights and freedoms may in no case be exercised contrary to the purposes and
principles of the United Nations.

Article 30

Nothing in this Declaration may be interpreted as implying for any State, group or person any
right to engage in any activity or to perform any act aimed at the destruction of any of the rights
and freedoms set forth herein.11

11
ibid

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UDHR AND THE CONSTITUTION OF INDIA: A COMPARISION

The constitution of India is the longest written constitution in the world. It also is one of the
foremost Constitutions to have a separate chapter on Fundamental Rights signifying sovereign
obligations to uphold human rights and freedoms to its citizens. Among its unique features, is
the supremacy of the constitution and Supreme Court over every other institution, including
legislatures, when it comes to upholding rights. Unique again is the power vested in the Supreme
Court to strike down any other law, Union or State, which is against the spirit of the
Constitution.

The drafters of Indian Constitution had undertaken a careful comparison of the Constitution of
the United States, Ireland and the UDHR and ingrained their principles that had stood the test of
time. The Supreme Court of India have on their part, religiously and diligently, upheld the spirit
of the constitution and have expanded the meaning of its provisions to apportion larger freedoms
to citizens and non-citizens as well.12

The Indian Constitution drew on the principles enshrined in UDHR, not merely because of their
philosophical value but because the founders of the country realized that the social-political-
economic exploitation of the masses of India in the hands of centuries of foreign rule cannot but
otherwise be rectified than by Constitutional guarantees. In incorporating them into the letter and
spirit of the Constitution, they also made certain fundamental rights like Right to Life, absolutely
non-derogable than through due process of law. Later, in Keshavananda Bharathi, Menaka
Gandhi, and a couple of more cases referred earlier, the Supreme Court of India expanded the
Right to Life into ‘Right to Life with dignity’. The import of such an interpretation is truly
unique in the annals of Constitutional Law anywhere in the world. A comparative list of
freedoms listed in the UDHR and Articles of Indian Constitution is provided below:

UDHR (Article Number) Indian Constitution

1. All people are entitled to rights without Art. 14 (equality before the law and equal
distinction based on race, color, sex, protection of the laws), as limited by Art. 31C.
language, religion, opinion, origin, property,
birth or residency. Art. 16 (1) (equality of public employment), as
limited by Art 16(3)-16(5).
2. All Human beings are free and equal in Art. 15 (on the basis of religion, race, caste, sex,
dignity and rights or place of birth), except under Arts. 15(3) and
15(4) (special provisions for women and
children, and affirmative action). Art. 15 applies
to all state action, and to private action
restricting access to public places and
facilities. Art. 17 (abolition of untouchability);

12
https://www.researchgate.net/publication/259976820_The_UDHR_and_the_Indian_Constitution_A_compariso
n

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 and Art. 16(2) (employment discrimination on
the basis of religion, race, caste, sex, descent,
place of birth, and residence), as limited by Art
16(3)-16(5).
3. Right to life, liberty and security of Art. 21 (Right to life with dignity, no
person. extrajudicial executions). Art. 23 (prohibition of
traffic in human beings and forced labor); Art.
24 (prohibition of hazardous labor by children
under age 14); Art. 17, Abolition of
Untouchability
4. Freedom from slavery Art 17 and Art 23, 24. Specific Act of
Parliament exists for abolition of Bonded labour.
5. Freedom from torture Art 20, 21, 22
6. Right to be treated equally by the law Art 14
7. Right to equal protection by the law Art 14, Art 39A
8. Right for all to effective remedy by Art 14, 20, 21,22
competent tribunal
9. Freedom from arbitrary arrest. Art 22
10. Right to a fair public hearing by Art 20, 21, 22, 39A
independent tribunal
11. Right to presumption of innocence until Art 20, 21,22, 39A
proven guilty at public trial with all
guarantees necessary for defense

12. Right to privacy in home, family and Though not specific, Art 21 is invoked
correspondence
13. Freedom of movement in your own Though not covered specifically, Art 21 is
country and the right to leave and return to invoked. Menaka Gnadhi v. UOI is a classical
any countries case.

14. Right to political asylum in other N/A

countries
15. Right to nationality Art. 19(1)(d) as to movement, and (e) at to
residence, as limited by Art. 19(5) (reasonable
restrictions in the interests of the public or of a
"scheduled tribe").
16. Right to marriage and family and to Covered by separate Acts, specific to cultures
equal rights of men and women during and and religions.
after Marriage
17. Right to own property Art 31
18. Freedom of thought and conscience and Art 19, 25, 26, 27, 28
religion
19. Freedom of opinion and expression and Art. 25 (freedom of religion and of conscience,
to seek, receive and impart information "subject to public order, morality and health"),
though under Art. 25(2) any level of government
may restrict economic activities related to
religion. Special mention is made of the
religious practices of the Sikh religion. Under
Art. 26, all religious orders have limited powers
to establish places of worship and teaching,
while Art. 28 ensures the separation of religious
and state education.

In addition, The Right To Information Act 2005

20. Freedom of Association and assembly Art. 19(1) (b) (freedom of peaceful assembly),
as limited by Art. 19(3) (reasonable restrictions
to advance national security).
21. Right to take part in and select There are numerous provisions, throughout the
government text of the Constitution, including those relating
to election of the President, local village
committees (Panchayats), and detailed rules for
elections, eligibility for public service, etc.
22. Right to social security and realization Art 29, 30, 43
of economic, social and cultural rights
23. Right to work, to equal pay for equal Art 19, 39, 42
work and to form and join trade unions
24. Right to reasonable hours of work and Art 42, 43
paid holidays
25. Right to adequate living standard for self Art 47, and other Provisions of Part IV of
and family, including food, housing, Constitution
clothing, medical care and social security
26. Right to education Art 45
27. Right to participate in cultural life and to Art 29, 30
protect intellectual property rights
28. Right to social and international order Art 38
permitting these freedoms to be realized
29. Each person has responsibilities to the Art 48A, Art 51A
community and others as essential for a
democratic society
30. Repression in the name of rights is Art 32, 32 A, 33-35, Art 226
unacceptable.
 CONCLUSION: An overview and Legal significance of the Principles
Universal Declaration of Human Right

In contrast with at the time of its adoption, few people now would contest the enormous
importance of the Universal Declaration. Nevertheless, the precise legal significance of the
Universal Declaration of Human Rights was uncertain on the day of its adoption and remains so
today. John Humphrey had “always thought that the Declaration would be the most important
part of the international bill of rights”. Although “not technically binding”, it “would apply to all
states and would have the great authority of the United Nations behind it”, he wrote; “It would
also be a catalyst of national and international legislation.”

Hersch Lauterpacht responded very harshly to the Declaration’s adoption, dismissing entirely its
claim to any legal status: “Not being a legal instrument, the Declaration would appear to be
outside international law. Its provisions cannot properly be the subject matter of legal
interpretation. There is little meaning in attempting to elucidate, by reference to accepted canons
of construction and to preparatory work, the extent of an obligation which is binding only in the
sphere of conscience.” 13

Whatever the view taken from the perspective of 1948, however, the legal significance of the
Declaration cannot today be reduced to an analysis of the understanding of those who drafted it.
The seventy years that have followed its adoption establish and confirm its role as a source of
legal obligation. From the time of its adoption, the Declaration was invoked together with the
Charter of the United Nations as an authoritative statement of the purposes and principles of the
organization.

In Resolution 290(IV), “Essentials of Peace”, adopted the following year, noting that the Charter
“lays down basic principles for an enduring peace”, the General Assembly called upon all
nations “[t]o promote, in recognition of the paramount importance of preserving the dignity and
worth of the human person, full freedom for the peaceful expression of political opposition, full
opportunity for the exercise of religious freedom and full respect for all the other fundamental
rights expressed in the Universal Declaration of Human Rights”.

In 1950, it was invoked in the first preamble paragraph of a resolution on freedom of

information. By 1960, the language of the Assembly had become quite peremptory: “All States
shall observe faithfully and strictly the provisions of the ... Universal Declaration of Human
Rights.” A 1969 study found the Declaration had been cited in seventy-five resolutions of the
General Assembly, that it had been cited at least once in every session, and at least four times in
every session from the fifteenth to the twenty-first, the only exception being the non-voting
nineteenth session. The Proclamation of Tehran, adopted by the United Nations International
Conference on Human Rights in 1968, said that the Universal Declaration “states a common

13
https://www.equalityhumanrights.com/en/what-are-human-rights/what-universal-declaration-human-
rights#:~:text=The%20Universal%20Declaration%20of%20Human%20Rights%20is%20a%20historic%20document,
have%20in%20the%20UK%20today.
understanding of the peoples of the world concerning the inalienable and inviolable rights of all
members of the human family and constitutes an obligation for the members of the international
community”. The Vienna Declaration and Plan of Action, adopted in 1993, seems slightly more
nuanced, saying the Declaration was “the source of inspiration and has been the basis for the
United Nations in making advances in standard setting as contained in the existing international
human rights instruments”. But it also reaffirms “commitment to the purposes and principles
contained in the Charter of the United Nations and the Universal Declaration of Human Rights”.
The Universal Declaration is also looked to as the authoritative statement of international
standards by regional organizations. Adopted in November 1950, the European Convention on
Human Rights acknowledges the significance of the Declaration in its preamble. It was invoked
in the Final Communiqué of the Bandung Conference of 1955. The Universal Declaration is also
cited in the principal treaties of the Inter-American and African human rights bodies. It is cited
in the main instruments of the Conference on Security and Cooperation in Europe. Indeed,
whether treaties fall inside or outside the United Nations system, if they concern human rights, it
is almost inevitable that they refer to the Universal Declaration in the preamble.14

14
 BIBLIOGRAPHY
ARTICLES REFERRED:

 Mary A. Glendon, Knowing the Universal Declaration of Human Rights)

 The Changing Fortunes of the Universal Declaration of Human Rights: Genesis and
Symbolic Dimensions of the Turn to Rights in International Law The European Journal
of International Law Vol. 19 no. 5.

WEBLINKS REFERRED:

 http://libraryresources.unog.ch/c.php?g=462664&p=3163021
 http://research.un.org/en/undhr/ecosoc/2.
 . https://ccla.org/summary-international-covenant-on-civil-and-political-rights-iccpr
 https://www.equalityhumanrights.com/en/what-are-human-rights/what-universal-
declaration-human- rights#:~:text=The%20Universal%20Declaration%20of%20Human
%20Rights%20is%2 0a%20historic%20document,have%20in%20the%20UK
%20today.
 https://www.un.org/en/universal-declaration-human-rights/
 https://www.ohchr.org/en/issues/pages/whatarehumanrights.aspx
 https://humanrights.gov.au/our-work/what-universal-declaration-human-rights
 https://www.researchgate.net/publication/259976820_The_UDHR_and_the_Indian_Cons
titution_A_comparison