3.1 Origins and Drafting of the UDHR

The Universal Declaration of Human Rights emerged from the ashes of World War II. Horrified by Nazi atrocities, world leaders sought to establish universal standards to protect human dignity. The UN provided a platform to address global concerns and codify international human rights laws.

Key players like Eleanor Roosevelt and René Cassin shaped the UDHR's content. They navigated ideological debates between individualistic and collectivist approaches, balancing Western emphasis on civil rights with Soviet advocacy for social and economic rights. The result was a groundbreaking document promoting universal human rights.

Origins of the UDHR

Post-World War II Context

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• World War II atrocities catalyzed the establishment of universal human rights standards (Holocaust, mass executions, forced labor)
• United Nations formation in 1945 provided a platform for addressing global human rights concerns
• Nuremberg Trials (1945-1949) exposed the need for codified international human rights laws
  • Prosecuted Nazi war criminals
  • Established precedent for holding individuals accountable for war crimes and crimes against humanity
• Cold War tensions between Western and Eastern bloc countries influenced the urgency of creating a universally accepted human rights document
  • Ideological differences complicated negotiations
  • Both sides sought to shape the declaration to align with their values

Global Shifts and Movements

• Decolonization movement in the post-World War II era brought attention to rights of peoples in colonized nations
  • African and Asian countries gained independence (India, Pakistan, Indonesia)
  • Highlighted issues of self-determination and racial equality
• Growing awareness of global interconnectedness emphasized the need for international cooperation
  • Increased trade and communication between nations
  • Recognition of shared challenges (poverty, discrimination, political instability)
• Rise of civil rights movements in various countries influenced discussions on equality and non-discrimination
  • African American civil rights movement in the United States
  • Anti-apartheid movement in South Africa

Key Players in UDHR Creation

Individual Contributors

• Eleanor Roosevelt chaired the UN Commission on Human Rights
  • Guided drafting process and built consensus among diverse stakeholders
  • Leveraged her diplomatic skills and global reputation to garner support
• René Cassin, French jurist, contributed to the legal framework and structure of the UDHR
  • Earned nickname "father of the declaration"
  • Drew inspiration from the French Declaration of the Rights of Man and of the Citizen
• Charles Malik of Lebanon bridged cultural and philosophical divides during drafting
  • Emphasized importance of individual rights and freedoms
  • Advocated for inclusion of right to change religion or belief
• Peng-chun Chang of China brought Confucian perspectives to the drafting process
  • Promoted harmony between universal principles and cultural diversity
  • Influenced language on family rights and duties to community
• John Humphrey, Canadian legal scholar, prepared the initial draft of the UDHR
  • Compiled a 400-page document surveying existing rights declarations
  • Served as working document for the Commission

Organizations and Committees

• UN Commission on Human Rights, established in 1946, primarily responsible for drafting the UDHR
  • Composed of representatives from various member states
  • Held multiple sessions to debate and refine the declaration's content
• Non-governmental organizations provided input and advocated for specific rights
  • Religious groups (World Jewish Congress, Catholic Church)
  • Labor unions (International Federation of Trade Unions)
  • Women's rights organizations (International Alliance of Women)
• UNESCO conducted a survey of philosophers and thinkers on human rights
  • Gathered perspectives from diverse cultural and intellectual traditions
  • Informed the philosophical underpinnings of the UDHR

Shaping the UDHR's Content

Ideological Debates

• Tension between individualistic and collectivist approaches to human rights influenced debates
  • Western countries emphasized civil and political rights
  • Soviet bloc advocated for social and economic rights
• Concept of universality challenged by some member states
  • Arguments for cultural relativism in human rights
  • Concerns about Western dominance in defining universal standards
• Debates over legal status of the UDHR
  • Some advocated for a binding treaty (International Covenant on Civil and Political Rights)
  • Others preferred a non-binding declaration to encourage broader acceptance
• Inclusion of right to asylum and nationality sparked discussions on state sovereignty
  • Balanced individual rights with national interests
  • Addressed issues of statelessness and refugee protection

Controversial Topics

• Extent to which the declaration should address colonialism and self-determination
  • Tension between colonial powers and emerging independent nations
  • Compromise language on equal rights and self-determination of peoples
• Debates over inclusion and framing of social and economic rights
  • Right to work, education, and social security
  • Concerns about state obligations and resource allocation
• Religious freedom and secularism
  • Balancing protection of religious beliefs with freedom from religious coercion
  • Debates on including references to a divine or transcendent source of rights
• Gender equality and women's rights
  • Advocacy for gender-neutral language throughout the document
  • Inclusion of equal rights in marriage and family life

UN's Role in Drafting the UDHR

Organizational Framework

• UN General Assembly established the Commission on Human Rights in 1946
  • Tasked with creating an international bill of rights
  • Set timeline and guidelines for the drafting process
• Economic and Social Council (ECOSOC) oversaw the Commission on Human Rights
  • Reviewed drafts before submission to the General Assembly
  • Provided recommendations and feedback throughout the process
• UN Secretariat provided administrative and research support to the drafting committee
  • Compiled existing human rights documents (Magna Carta, French Declaration of the Rights of Man)
  • Facilitated communication between member states and the Commission

Global Engagement and Adoption

• UN facilitated global consultations on the content of the UDHR
  • Solicited input from member states, NGOs, and experts
  • Organized regional meetings to discuss draft proposals
• General Assembly served as the final forum for debate and adoption
  • Extensive discussions and negotiations in the Third Committee
  • Formal adoption on December 10, 1948, with 48 votes in favor, 0 against, 8 abstentions
• UN's multilingual framework ensured UDHR accessibility
  • Initially drafted in English and French
  • Translated into hundreds of languages, promoting universal application
• Ongoing UN efforts to promote and implement the UDHR
  • Annual Human Rights Day celebrations on December 10
  • Integration of UDHR principles into UN peacekeeping and development programs