Understanding Human Rights: Law, Features, and UDHR Articles

Law Versus Human Resources (HR)

Law: A guarantee for one person, although the law may not explicitly recognize it. It involves duties.

HR (Human Rights): Fundamental rights common to all human beings. They are shared by all human beings (universal).

Features of Human Rights

• They are universal for all people.
• They are inalienable: individual and inherent.
• They are not negotiable: you cannot violate one or more for the performance of others or other duties.

Classification by Generation

• First Generation: Rights of freedom (civil and political).
• Second Generation: Rights of equality (social, economic, and cultural).
• Third Generation: Solidarity rights (balanced environment, peace, and development of peoples).

The Four Freedoms Inspiring the UDHR

The four freedoms in the UDHR were inspired by:

• Freedom of opinion and expression anywhere in the world.
• Freedom of worship anywhere in the world.
• Freedom from misery.
• Freedom to live without fear.

The representative of France was René Cassin (Nobel Peace Prize in 1968).

Regarding the leadership statement: While the original concept was "all men are created equal," the final wording adopted was: "All human beings are born free and equal." (This was opposed by the representatives of India and the Soviet Union.)

UDHR Articles Structure

The articles of the Universal Declaration of Human Rights (UDHR) are structured as follows:

• Articles 1 and 2: Basic items upon which others are based.
• Articles 3 to 11: Personal rights of the individual.
• Articles 12 to 17: Individual rights in relation to the community.
• Articles 18 to 21: Rights of thought, conscience, political, and religious freedom.
• Articles 22 to 27: Economic, social, and cultural rights.
• Articles 28 to 30: Mark conditions and limits of the declaration; they are self-referential, referring back to the Declaration itself.

International Instruments and Compliance

The UN forms documents that suggest measures to best meet Human Rights, but it can only offer suggestions, not legislate.

The most important subsequent texts are:

• The International Covenant on Economic, Social and Cultural Rights.
• The International Covenant on Civil and Political Rights.

These covenants were written in 1966 but entered into force in 1976.

The Human Rights Act is the set comprising the UDHR (48 articles) and these covenants.

The OHCHR (Office of the High Commissioner for Human Rights) is engaged in writing reports and conventions, referring to specific instances of compliance or noncompliance with the Act.

The European Union Charter

The Charter of Fundamental EU Rights is a text approved by the Council of Nice in 2000 and entered into force on February 1, 2003. It is inspired by the UDHR. It intends to collect all civil, political, economic, and social rights of EU citizens. It is linked to the European Constitution and is divided into 6 blocks:

1. Dignity
2. Liberty
3. Equality
4. Solidarity
5. Citizenship
6. Justice