They stood up, will you? 70th anniversary of the Universal Declaration of the Human Rights

Par Marianna Holubova

“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.” (Preamble to the Universal Declaration of the Human Rights)

This year we celebrate the 70th anniversary of the Universal Declaration of the Human Rights, a movement that has been marked with various ups and downs in the past. The violations and abuses are still present on international scene as we witness numerous international cases regarding human rights violations.

The anniversary of the Declaration provides an opportunity to reflect on the core principles of human rights in today’s world and on how the international organisations in the area of human rights have committed to the dispositions expressed in its 30 articles. But it should equally be the time to take a retrospective look at the evolution of this movement to remind we of its own essence, of an individual disposing a set of inalienable fundamental rights to which the person is entitled simply because she or he is a human being.

The French Revolution (1789) - The true forerunner of human rights

Many of the ideas that animated the modern international human rights law developed in the aftermath of the Second World War and the events of Holocaust. But this modern movement has important historical forerunners. Namely, the documents are: the Magna Charta (1215), the English Bill of Rights (1689), the French Declaration on the Rights and Citizen (1789), and the US Constitution and Bill of Rights (1791) are the written precursors to many of today’s human right documents.

The place of France in the heart of human rights movement is undeniable. For most of us the symbol of human and civil rights movement represents the French Revolution. It was one of its legacies, the French Declaration on the Rights and Citizen, that influenced profoundly the Universal Declaration of Human Rights.

The French Revolution declared the Rights of Man and of the Citizen in 1789. This revolution placed human and civil rights at the essence of every individual whose relations were ruled by the triparty of principles of liberty, equality and fraternity. And it was this motto of “Liberté, égalité et fraternité” that influenced the First Article of the 1948 Universal Declaration of Human Rights.

“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 1 of UDHR)

This historic document that was adopted by the United Nation General Assembly at its third session on 10 December 1948 as Resolution 217 at the Palais de Chaillot in Paris, France. The underlying structure of the Universal Declaration was introduced in its second draft, which was prepared by René Cassin, a French jurist who later received the Nobel Peace Prize in 1968 for his work in drafting the Universal Declaration of human Rights. The structure was influenced by the Code Napoléon, including a preamble and introductory general principles. It was Cassin compared the Declaration to the portico of a Greek temple, with a foundation, steps, four columns, and a pediment. And we thank him for that!

Retrospective of 70 years of Human rights policy

Since its introduction to the international scene, the Universal Declaration of human rights, containing a global consensus on what human dignity consist of and encompassing a wide range of civil, political, economic, social and cultural rights, went through decades of changes. The cold war conflict prevented development of a single human rights agreement. The things changed after the fall of the Berlin Wall which meant the end of bipolarised word. All dimensions of human rights gained in importance and all the constitutions that have been adopted since the end of the war contained a comprehensive catalogue of human rights. For example, today 110 countries now have a national institute for human rights that cooperates these institutes are part of the network of the Global Alliance for National Human Rights Institutions. The institutes provide monitoring in their own countries, but also cooperate with human rights defenders in civil society.

Close Allies -The United Nations and the European Union

In Europe, the best sparring partner of the UN human rights initiatives is without doubt the European Union. At its origins the community with purely economic interest, the Union today places those interest under the flag of fundamental human rights as the core values respected by all member states which she promotes on the international scene in close cooperation with the United Nations.

The European Union has had permanent observer status at the United Nations since 1974, and has had enhanced participation rights since 2011. The EU itself does not have voting rights but it is represented alongside its 28 members of which France is a permanent member of the Security Council.

When implementing EU Law, the EU and its Member States are required to ensure that they act consistently with the EU’s own internal human rights rules and procedures. However, the duty to protect and promote rights is an integral element of the Member States’ obligations under the UN treaties. According to the article 351 TFUE, the EU members are obliged to maintain their contractual obligations concluded before 01 of January 1958. That means that the Member States remain responsible for the implementation of their human rights obligations under the UN Charter and UN human rights treaties. Thus, the EU will need to engage the responsibility of the Member States where the it fails to give effect to its contractual obligations. All the Member States of the EU are party to most of the core’ human rights treaties elaborated under the flag of the UN. You can find all these treaties among multilateral treaties deposited with the UN Secretary general in the UN archives : the International Covenant on Civil and Political Rights (ICCPR), the International Covenant on Economic, Social and Cultural Rights (ICESCR), the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD), the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT)and the Convention on the Rights of the Child (CRC). All EU Member States have also ratified or signed the Convention on the Rights of Persons with Disabilities (CRPD). The EU and its Member States, working in collaboration with the UN human rights protection mechanisms must ensure the protection of universally recognised human rights working towards ‘the well-being of its peoples’.

Time for change?

This year for the first time, the United Nations and the European Union will be collaborating to mark the 70th anniversary of the Declaration. The European Parliament is promoting the human right’s issue by organising a campaign named #Standup4humanrights. to promote human rights defenders. This campaign is inviting everybody who is concerned by the issue of human rights to take stand and as well expressed on by the campaign itself “to become human rights champions by taking the pledge, adding your voice, and telling your story”.

There are many initiatives. One of them, organised by the United nations in cooperation with the International Organization for Migration, is presented in the form of “TOGETHER Application”, where users can share their stories and actions regarding human rights issues in their communities and invite friends and family to join them in the global movement to promote diversity and inclusion.

They stood up, will you?