The legal status of the UDHR in International law has engendered great debate and discourse. For years, scholars and authors alike have posited a myriad of theories regarding what many have described as a highly contentious subject. The purpose of this paper is to bring clarity to an issue that has befuddled and continues to befuddle students of law. The paper offers an intriguing and a multi-faceted approach to the enforceability of the UDHR on both the world domestic Ghanaian stages. It takes the reader through a refreshing description of basic concepts that encapsulate human rights and expatiates in conjunction with case law the legal effects of the UDHR from the Ghanaian perspective against an international backdrop.
Table of Contents
1. HISTORY OF THE UNIVERSAL DECLARATION OF HUMAN RIGHTS
2. MEANING OF HUMAN RIGHTS
3. THE ROLE OF THE UNITED NATIONS IN ENFORCING HUMAN RIGHTS (UDHR)
4. THE ROLE OF THE SECURITY COUNCIL IN ENFORCING THE PROVISIONS OF UDHR
5. THE ROLE OF THE GENERAL ASSEMBLY IN ENFORCING PROVISIONS OF THE UDHR
6. THE INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS (ICCPR) AND THE INTERNATIONAL COVENANT ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS (ICESCR)
7. WORLD HEALTH ORGANISATION AND THE UDHR
8. THE APPROACH OF MEMBER STATES TOWARDS UDHR; BINDING OR NOT BINDING
9. CONCLUSION
Objectives and Topics
This work examines the legal nature and practical application of the Universal Declaration of Human Rights (UDHR) within the international legal regime, specifically analyzing whether its status as a "soft law" instrument has evolved into binding practice through state adoption and constitutional incorporation.
- Historical context and development of the UDHR.
- The enforcement roles of various UN organs, including the Security Council and General Assembly.
- Distinction between "soft law" declarations and binding international treaties like the ICCPR and ICESCR.
- Analysis of state practice and judicial application of UDHR principles in domestic jurisdictions such as Ghana, the UK, and the USA.
- The influence of international standards on national constitutional protections.
Excerpt from the book
HISTORY OF THE UNIVERSAL DECLARATION OF HUMAN RIGHTS
Between April 1946 and December 1948, a group of men and women came together to work in the newly formed United Nations to draft a document which has today, become a major criterion in the global struggle for the protection of Human Rights. The committee held several meetings in New York, Geneva and Paris. The philosophy of law to be used, cultural differences and practical differences to be considered in the Universal Declaration of Human Rights and other matters were discussed in those meetings. They also argued on tactics and languages to be used and reached a compromise in pursuit of larger goals in those meetings. The United Nations adopted the work of the committee without dissent on December 10, 1948.
The Universal Declaration of Human Rights came into force on December 10, 1948. It was adopted by the United Nations to complement the UN Charter after the second world war. The document was borne out of the decision of world leaders to end war and never to allow the human race to be engulfed with atrocities of the second world war ever again. As a result, they came together to form what is now called the Universal Declaration of Human Rights which was a roadmap to guarantee the rights of all humans. This document was considered and brought before the first session of the United Nations General Assembly in 1946.
The UDHR was a UN General Assembly Resolution which had 48 member states voting in favour, while 8 countries abstained from the vote on the day it came into effect.
The General Assembly considered the draft human rights document and sent it to the ECOSOC to be sent to the Commission on Human Rights. It was to be considered for the International Bill of Rights. The commission authorized its members to formulate what it referred to as "a preliminary draft International Bill of Human Rights" on its first session in 1947. Sometime later, a formal drafting committee comprising members from eight States selected to represent all geographical locations to take over from the preliminary committee.
Summary of Chapters
HISTORY OF THE UNIVERSAL DECLARATION OF HUMAN RIGHTS: This chapter outlines the origins of the UDHR, detailing the drafting process between 1946 and 1948 and the collective effort of post-war world leaders to establish a roadmap for human rights.
MEANING OF HUMAN RIGHTS: This section defines human rights as universal, inalienable, and interdependent standards inherent to human dignity, emphasizing their role as the foundation of modern international law.
THE ROLE OF THE UNITED NATIONS IN ENFORCING HUMAN RIGHTS (UDHR): This chapter provides an overview of various UN institutions and agencies dedicated to the protection of human rights and the sensitization against abuses.
THE ROLE OF THE SECURITY COUNCIL IN ENFORCING THE PROVISIONS OF UDHR: This section explores how the Security Council utilizes resolutions to maintain international peace and security, often addressing severe human rights violations like slavery and trafficking.
THE ROLE OF THE GENERAL ASSEMBLY IN ENFORCING PROVISIONS OF THE UDHR: This chapter discusses the General Assembly's function in promoting and implementing human rights standards through its resolutions and oversight of UN charters.
THE INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS (ICCPR) AND THE INTERNATIONAL COVENANT ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS (ICESCR): This chapter examines the legally binding protocols adopted in 1966 that complement the UDHR as part of the International Bill of Rights.
WORLD HEALTH ORGANISATION AND THE UDHR: This section highlights the role of the WHO in addressing the right to health as a fundamental human right through global resolutions and institutional programs.
THE APPROACH OF MEMBER STATES TOWARDS UDHR; BINDING OR NOT BINDING: This chapter analyzes how individual nations, specifically Ghana, the UK, and the USA, incorporate the UDHR into their domestic legal systems, moving it from a soft law declaration to a practical, often binding, framework.
CONCLUSION: The concluding chapter summarizes the transition of the UDHR from a non-binding declaration to a benchmark for human rights, while calling for future collective action to grant it stronger legal enforceability.
Keywords
Universal Declaration of Human Rights, UDHR, International Human Rights, United Nations, Security Council, Soft Law, Human Rights Enforcement, International Bill of Rights, ICCPR, ICESCR, Constitutional Law, State Practice, Human Dignity, Treaties, International Law
Frequently Asked Questions
What is the core focus of this publication?
The work focuses on the legal status and practical ramifications of the Universal Declaration of Human Rights (UDHR) within the framework of international law.
What are the primary thematic areas covered?
Key areas include the history of the UDHR, the roles of UN organs in enforcement, the nature of "soft law" versus binding treaties, and the domestic application of human rights principles.
What is the central research question?
The central question is whether the UDHR, despite being a non-binding declaration, has evolved into a binding legal instrument through consistent state adoption and national incorporation.
Which scientific methodology does the author employ?
The author uses a qualitative, analytical approach, examining legal documents, UN resolutions, court judgments, and historical records to interpret the evolution of human rights standards.
What topics are discussed in the main body?
The main body covers the history of the UDHR, the institutional roles of the UN Security Council and General Assembly, specialized agencies like the WHO, and comparative studies of how Ghana, the UK, and the US implement human rights.
Which terms characterize the work?
The work is characterized by terms such as soft law, human rights enforcement, international treaties, and constitutional incorporation.
How does the author explain the difference between the UDHR and the ICCPR?
The author distinguishes the UDHR as a "soft law" declaration meant for guidance, whereas the ICCPR and ICESCR are presented as formal, legally binding treaties adopted in 1966.
What significance does the case of the Federation of Youth Association of Ghana have in this context?
This case is cited as an example of how the Ghanaian Supreme Court acknowledged the importance of the UDHR when juxtaposing it with national constitutional provisions regarding education and fees.
- Quote paper
- Kofi Kyere Asante (Author), 2020, The legal Ramifications of the Universal Declaration of Human Rights under the International Human Rights Regime. An Overview, Munich, GRIN Verlag, https://www.grin.com/document/704047
