PrepTest 61, Section 4, Question 1

The Universal Declaration of Human Rights (UDHR), approved by the United Nations General Assembly in 1948, was the first international treaty to expressly affirm universal respect for human rights. Prior to 1948 no truly international standard of humanitarian beliefs existed. Although Article 1 of the 1945 UN Charter had been written with the express purpose of obligating the UN to "encourage respect for human rights and for fundamental freedoms for all without distinction as to race, sex, language, or religion," there were members of delegations from various small countries and representatives of several nongovernmental organizations who felt that the language of Article 1 was not strong enough, and that the Charter as a whole did not go far enough in its efforts to guarantee basic human rights. This group lobbied vigorously to strengthen the Charter's human rights provisions and proposed that member states be required "to take separate and joint action and to co-operate with the organization for the promotion of human rights." This would have implied an obligation for member states to act on human rights issues. Ultimately, this proposal and others like it were not adopted; instead, the UDHR was commissioned and drafted.

The original mandate for producing the document was given to the UN Commission on Human Rights in February 1946. Between that time and the General Assembly's final approval of the document, the UDHR passed through an elaborate eight-stage drafting process in which it made its way through almost every level of the UN hierarchy. The articles were debated at each stage, and all 30 articles were argued passionately by delegates representing diverse ideologies, traditions, and cultures. The document as it was finally approved set forth the essential principles of freedom and equality for everyone�regardless of sex, race, color, language, religion, political or other opinion, national or social origin, property, birth or other status. It also asserted a number of fundamental human rights, including among others the right to work, the right to rest and leisure, and the right to education.

While the UDHR is in many ways a progressive document, it also has weaknesses, the most regrettable of which is its nonbinding legal status. For all its strong language and high ideals, the UDHR remains a resolution of a purely programmatic nature. Nevertheless, the document has led, even if belatedly, to the creation of legally binding human rights conventions, and it clearly deserves recognition as an international standard-setting piece of work, as a set of aspirations to which UN member states are intended to strive, and as a call to arms in the name of humanity, justice, and freedom.

The Universal Declaration of Human Rights (UDHR), approved by the United Nations General Assembly in 1948, was the first international treaty to expressly affirm universal respect for human rights. Prior to 1948 no truly international standard of humanitarian beliefs existed. Although Article 1 of the 1945 UN Charter had been written with the express purpose of obligating the UN to "encourage respect for human rights and for fundamental freedoms for all without distinction as to race, sex, language, or religion," there were members of delegations from various small countries and representatives of several nongovernmental organizations who felt that the language of Article 1 was not strong enough, and that the Charter as a whole did not go far enough in its efforts to guarantee basic human rights. This group lobbied vigorously to strengthen the Charter's human rights provisions and proposed that member states be required "to take separate and joint action and to co-operate with the organization for the promotion of human rights." This would have implied an obligation for member states to act on human rights issues. Ultimately, this proposal and others like it were not adopted; instead, the UDHR was commissioned and drafted.

The original mandate for producing the document was given to the UN Commission on Human Rights in February 1946. Between that time and the General Assembly's final approval of the document, the UDHR passed through an elaborate eight-stage drafting process in which it made its way through almost every level of the UN hierarchy. The articles were debated at each stage, and all 30 articles were argued passionately by delegates representing diverse ideologies, traditions, and cultures. The document as it was finally approved set forth the essential principles of freedom and equality for everyone�regardless of sex, race, color, language, religion, political or other opinion, national or social origin, property, birth or other status. It also asserted a number of fundamental human rights, including among others the right to work, the right to rest and leisure, and the right to education.

While the UDHR is in many ways a progressive document, it also has weaknesses, the most regrettable of which is its nonbinding legal status. For all its strong language and high ideals, the UDHR remains a resolution of a purely programmatic nature. Nevertheless, the document has led, even if belatedly, to the creation of legally binding human rights conventions, and it clearly deserves recognition as an international standard-setting piece of work, as a set of aspirations to which UN member states are intended to strive, and as a call to arms in the name of humanity, justice, and freedom.