On the 10th of December 1948, the Universal Declaration of Human Rights was adopted by the United Nations General Assembly in Paris. For the first time, world has adopted a document under which all human beings are free and equal, regardless of gender, skin color, creed, religion or any other characteristic. But why was it created, and how?

In the aftermath of World War II, all countries faced the atrocities of the war together. The genocide organized by Nazis during this period was an abominable instrument that led to the disrespect of prisoners, the experimentation on human bodies, and the extermination of a people driven by the Nazis logic that they belong to an “inferior race“. They targeted populations such as Jews, Slavs and Roma, as well as individuals such as homosexuals, communists and people with disabilities, qualifying them of “Third Reich' ennemies“.

After the 8th of May 1945 (end of the World War II in Europe), the alarm bell for the protection of human rights was louder than ever. Its generates a reflexion from the international community: we have to ensure that we never again fall prey to such atrocities. With this logic, representatives from all countries decided to draw up a text on common rights for all, a text binding on all states and protecting all human rights against all forms of discrimination. 

After a few years of collective work, the Universal Declaration was adopted on the 10th of December 1948.  Transcribed in over 500 languages, it is one of the most widely translated texts in the world. In the spirit of universality, translations aim to ensure that the Declaration's content is accessible to a global audience and reflects the planet's linguistic diversity.

But how did all state members agree on the same text?

In 1946, the United Nations General Assembly established the United Nations Commission on Human Rights, composed of representatives from various countries. Among Commission members, opinions differ on deciding whether it is more important to draw up a legal instrument with a strong binding component or an International Bill of rights that would serve as a normative document for human rights. This question persists throughout the drafting process, and the commission continues to work on both objectives simultaneously.

During the creation process, the Commission established an editorial board, chaired by Eleanor Roosevelt, Ambassador of the United States to the United Nations and former First Lady of the USA. As the head of the drafting Committee, and as the First Lady, she used her enormous prestige and credibility to steer the drafting process towards its successful completion. The Committee conducted international consultations to gather input and suggestions from governments, non-governmental organizations (NGOs) and human rights experts. Delegates had to overcome cultural, political and philosophical differences to reach a consensus on fundamental human rights. 

In parallel, in the writing process, René Cassin, French delegate and jurist, was assigned to the United Nations to help draft the Declaration. He was one of the main creators of the Universal Declaration with John Humphrey, the Canadian delegate, who worked on the first list of rights. In this way, Cassin and all others delegates enabled humanity to rise from the ashes of its murderous struggle against totalitarianism, fascism and war. René Cassin received the Nobel Peace Prize for his work in 1968. 

Furthermore, we owe the modification of the article 1 of the Universal Declaration from “All men are born free and equal“ to “All human beings are born free and equal“ to the Indian female delegate Hansa Metha.

Finally, of the 58 members of the United Nations, 48 adopted the Declaration. No state has voted against, while eight abstained (South Africa, Saudi Arabia, Poland, Czechoslovakia, Yugoslavia, USSR, Ukrainia, Belarus) and two did not take part in the vote (Yemen and Honduras).

However, looking towards what authors and politics realized at this time was huge: more than half of the member states of the world signed the same text protecting each citizen wherever they live. This marked a historic moment in the promotion and protection of human rights worldwide that we commemorate and pursue.

“Now that we possess an instrument capable of lifting or easing the burden of oppression and injustice in the world, we must learn to use it” René Cassin in an article written for the 20th anniversary of the Universal Declaration in 1968.

What precisely are these human rights for the Universal Declaration? These rights, grouped into 30 articles, ensure the fundamental protection of the individual and his or her dignity in times of peace or war and regardless of the political origin of a state. The authors of the Declaration proclaimed that human rights are universal, indivisible and inalienable.

Universality means that human rights apply to all individuals everywhere in the world without time limits. „Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, color, sex, language, religion, political or other opinion, national or social origin, property, birth or other status” Article 2 Universal Declaration of Human Rights.

Indivisibility is intimately linked with interdependent and means that all human rights are equally important. Nobody can decide that one right is less important than the others because it will negatively impact all others’ rights. For example, if you are sleeping on the streets, you will not be able to find a job if you are an adult or go to school if you are a child. So, the violation of your right to an adequate housing (article 25(1)) also entails a violation of the right to work (article 23) and right to education (article 26) and many more.

Inalienability means that human rights cannot be taken away, not even in times of emergency or war. They are inseparable from the person who possesses them from birth, simply by virtue of being humans.

What impact does the Universal Declaration have on our times?

First, the Declaration is the first document to settle human needs and rights, and it serves as a model for numerous international and national legal instruments on human rights. It influenced the creation of regional mechanisms for human rights protection, such as the European Court of Human Rights in 1959. 

It's important to understand that the declaration is an ideal — a fabulous ideal to be achieved by nations, and people who make a moral commitment to it. Thus, it text cannot be applied in a court of law. So what can we do to make this ideal a reality? 

The triumph of human rights is a question of collective conscience and the responsibility of each and each one of us for the universal good. It's a fact that since its adoption, the Declaration has been ignored number of times in a number of countries. It's not respected in its entirety, while each violation puts us at risk of falling into our dark collective past. So, let's not be afraid to reject all abuses, without exception, as the authors wrote it in the Declaration: if someone is arrested for no reason, it's inadmissible; if civilians are tortured or put into slavery during wartime, it's inadmissible; if a child cannot go to school because he or she is Roma, it's inadmissible. Let's not stay silent in front of such discriminations: this is the highest principle of humanity!

Moreover, at the national level, the role of states is to guarantee all these rights to their citizens. To participate in this protection, a lot of states transcribed the text of the Declaration into their national laws. Even if each country did not transcribe the Declaration word for word in their internal legislation, its aim is in each of them. This is for us, as citizens of those countries, an affirmation that our freedoms and rights are protected by a strong instrument. 

“There's no doubt that we need to reclaim the universality and indivisibility of human rights, and rediscover a new impetus capable of motivating young people the world over.“  Volker Türk, United Nations High Commissioner for Human Rights.

At the international level, it is essential to bring to justice the perpetrators of these human rights violations. Without justice, peace and respect for human rights are impossible. As long as criminals do what they want without ever being punished, freedoms and rights will continue to be violated.

To give more power to the Declaration, some universal conventions with legal value were created to protect a specific group of people, such as children, women or migrants, or to compensate for a particular situation, such as preventing torture or discriminations based on color. 

The way is still long to attend to the Universal Declaration of Human Rights' ideal. However, the UDHR remains an essential guide in the ongoing efforts to promote human dignity and justice.