Module 3: UN System and the Universal Declaration of Human Rights

Learning outcomes

• describe the structure of the United Nations relevant to human rights;
• list the key UN Charter provisions on human rights;
• explain the significance of the Universal Declaration of Human Rights (UDHR);
• recall the key provisions of UDHR Articles 1–30.

Start here: the simple idea

The United Nations was founded in 1945 to maintain international peace and security. Human rights became a central purpose: the UN adopted the Universal Declaration of Human Rights in 1948 as a common standard for all nations.

The UN system relevant to human rights

Main bodies

Body	Role in human rights
General Assembly	Discusses and makes recommendations; adopts declarations and conventions
Security Council	Can impose sanctions or authorise action for gross violations
Economic and Social Council (ECOSOC)	Coordinates human rights work; oversees treaty bodies
Human Rights Council	Promotes and protects human rights globally; reviews member states
Office of the High Commissioner for Human Rights (OHCHR)	Leads UN human rights efforts
International Court of Justice	Adjudicates disputes between States (not individuals)

UN Charter provisions on human rights

• Preamble: Reaffirms faith in fundamental human rights, dignity and worth of the human person, equal rights of men and women.
• Article 1(3): One of the purposes of the UN is to achieve international cooperation in promoting and encouraging respect for human rights and fundamental freedoms for all without distinction.
• Article 55(c): The UN shall promote universal respect for and observance of human rights and fundamental freedoms.
• Article 56: All Members pledge to take joint and separate action in cooperation with the Organisation for achieving these purposes.

Universal Declaration of Human Rights (UDHR)

• Adopted: 10 December 1948 by the UN General Assembly.
• Not a treaty, but a declaration of principles with enormous moral and political authority.
• It was the first global expression of rights to which all human beings are inherently entitled.

Preamble of the UDHR

Recognises the inherent dignity and equal and inalienable rights of all members of the human family as the foundation of freedom, justice, and peace in the world.

Key UDHR articles (1–30) — quick summary

Article	Right
1	Free and equal in dignity and rights; reason and conscience
2	Prohibition of discrimination
3	Right to life, liberty, and security of person
4	Prohibition of slavery
5	Prohibition of torture
6	Right to recognition as a person before the law
7	Equality before the law
8	Right to an effective remedy
9	Prohibition of arbitrary arrest
10	Right to a fair trial
11	Presumption of innocence; no retroactive penal laws
12	Right to privacy
13	Freedom of movement (exit and re-entry)
14	Right to seek and enjoy asylum
15	Right to nationality
16	Right to marry and found a family
17	Right to property
18	Freedom of thought, conscience, and religion
19	Freedom of opinion and expression
20	Freedom of peaceful assembly and association
21	Right to take part in government / free elections
22	Economic, social, and cultural rights
23	Right to work, free choice of employment, just conditions, protection against unemployment
24	Right to rest and leisure
25	Right to an adequate standard of living and health
26	Right to education
27	Right to participate in cultural life / benefit from scientific progress
28	Right to a social and international order
29	Duties to the community; limitations on rights for public good
30	No State, group, or person may destroy the rights set forth

Common mistakes

• Believing UDHR is legally binding like a treaty (it is a declaration; its provisions were later turned into binding covenants — ICCPR and ICESCR in 1966).
• Confusing the UN Charter (1945, binding on members) with UDHR (1948, declaration).
• Forgetting that UDHR Art 29 explicitly mentions duties to the community.

Memory rules

• UDHR = 30 articles, adopted 10 Dec 1948.
• First generation (civil-political): Arts 3–21.
• Second generation (economic-social-cultural): Arts 22–27.
• Third generation (solidarity): Arts 28–30.
• Art 1 = free and equal in dignity; Art 2 = non-discrimination; Art 29 = duties.

Check your understanding

1. When was the UDHR adopted?
2. Is the UDHR a legally binding treaty?
3. Name the three generations of rights in the UDHR.
4. Which article prohibits discrimination?
5. What does Article 29 state?

Answers

1. 10 December 1948.
2. No, it is a declaration of principles (soft law); later turned into binding covenants in 1966.
3. First generation: civil-political rights (Arts 3–21); Second generation: economic-social-cultural rights (Arts 22–27); Third generation: solidarity rights (Arts 28–30).
4. Article 2.
5. Everyone has duties to the community; rights may be limited by law for public order, public health, morals; no one may destroy the rights of others.

Quick revision box

• UN founded 1945; UDHR adopted 10 Dec 1948.
• UDHR 30 articles = civil-political (3–21) + economic-social-cultural (22–27) + solidarity (28–30).
• Art 1 = free and equal in dignity; Art 2 = no discrimination; Art 29 = duties.
• UN bodies: GA, SC, ECOSOC, HR Council, OHCHR, ICJ.
• Declaration = soft law; Convention/Covenant = binding treaty.