Lectures 3&4

The Universal Declaration of Human Rights as one of the International
Charters protecting Human Rights
Introduction and Division:
The Universal Declaration of Human Rights, known in global circles as

(UDHR), is a landmark document in the history of Human Rights in general. It was
drafted by representatives with different legal and cultural backgrounds from all over
the world, who determined the fundamental Human Rights to be universally
protected.
In our study of the Universal Declaration of Human Rights, we will learn the
nature of the Declaration by studying its concept and how it came into existence, as
well as having a general look at its content, then we will discuss its legal value, and
whether the countries are obliged to observe this content.
Accordingly, we will divide our study into two parts, as follows:
First part: Introduction to the Universal Declaration of Human Rights.

Second part: The Legal Nature of the Universal Declaration of Human Rights.
First part
Introduction to the Universal Declaration
of Human Rights
The concept of the Universal Declaration of Human Rights:
The idea of preparing the Universal Declaration of Human Rights began on

December 10, 1946, when the UN General Assembly, at its first session, requested
the Commission on Human Rights to prepare the International Bill of Human Rights.
The Commission embarked on the mission entrusted thereto and formed a drafting
committee for proposals with memberships of representatives of several countries,
including Egypt.
This Committee discussed the various views and proposals that had been
expressed, and the draft Declaration was discussed and presented to the UN General
Assembly after eighty-one consultative meetings. It was approved by the General
Assembly at its third session held at Palais de Chaillot in Paris by its Resolution No.
217 dated December 10, 1948, which was approved by 48 countries with no
objection, with eight States abstaining from voting.
This Declaration is the first basic international document addressing the rights
of all Human Family members, which are inalienable or and cannot be infringed. It
includes many civil, political, economic, social and cultural rights that are
established for all people everywhere and anytime. It is the fruit of a long march of
serious international action towards the development, drafting and declaring Human
Rights in order to draw the attention of the countries, the governments and the
organizations thereto and ensure their observance thereof.
The Universal Declaration of Human Rights consists of 30 articles. It is

considered as an important source of International Law, in addition to the 1966
International Covenant on Civil and Political Rights and the 1966 International
Covenant on Economic, Social and Cultural Rights. Such three documents together
constitute the “International Bill of Rights”.
Although the Universal Declaration of Human Rights is not a treaty; it has

become a source of customary international law, which means that countries have a
sense of legal obligation to abide by the articles contained therein. It has gained
broad and wide acceptance among the world and has been a basis for more than 20
international Human Rights treaties.
First: The most important Human Rights contained in the Universal
Declaration:
The Universal Declaration of Human Rights is characterized by its universal and

holistic nature. The rights prescribed thereunder are established for every individual,
based on humanity, not on his nationality. This characteristic is derived from the
Declaration’s use for expressions of "people", "human" and "individual", and its
refraining, on the other hand, from using expressions with political or legal
connotations, such as "citizen", "national" or "nationals". It does not declare the
"rights of citizens" based on being a member of a particular political group, but
declares the rights of individuals based on humanity, without discrimination between
a national and a foreigner.
The Human Rights and fundamental freedoms contained in the Universal

Declaration of Human Rights include:
• The right to non-discrimination on grounds of color, language, religion, etc.

• The right to life "to live", liberty and security.
• Prohibition and prevention of slavery and servitude.
• Prohibition against torture and punishment, and cruel, inhuman or degrading
treatment.
• The right to equality before the law.
• Prohibition and prevention of arbitrary arrest, detention or exile.
• The right to a fair and public trial.
• The right to maintain privacy.
• The freedom of movement, residence and asylum.
• The right to nationality and citizenship.
• The right to marry and to have a family.
• The right to ownership.
• Freedom of thought, conscience, beliefs and religion.
• Freedom of opinion and expression.
• Freedom of taking part in association and peaceful assembly.
• The right to take part in the management of the country’s public affairs,
directly or through freely elected representatives, and the right to hold public
office. (Usually only national have these rights)
• The right to social security.
• The right to work and comfort.
• The right to a standard of living adequate for the health and well-being of
himself and of his family.
• The right to education.
• The right to participate in the cultural life.
Second part
The legal nature of the Universal Declaration of Human Rights
I: Contradictions of Jurisprudence views on the legal value of the Universal

Declaration of Human Rights:
The views on the legal value of the Universal Declaration of Human Rights are
varied. However, it is agreed upon that it was issued in the form of a recommendation
by the UN General Assembly, not in the form of an international treaty with explicit
obligations that bind the UN Members or the peoples of the world that had agreed
upon it.
In reviewing the views of Jurisprudence on this Declaration, we find that some

jurists tend to strip it of any legal value as being a set of general principles that was
issued in a form of a recommendation, and thus have no binding legal value. It is a
document as close as possible to some advice from the UN General Assembly, which
the peoples of the world are recommended to observe(1).
On the other hand, another group argues that the Universal Declaration of
Human Rights contains an official interpretation or an update to the contents of
Human Rights and freedoms referred to in the provisions of the Charter of the United
Nations, in particular Article (56) thereof. Therefore, they think that the Declaration
has the same legal value as the Charter.
Under this article, “All Members pledge themselves to take joint or separate
actions in cooperation with the Organization for the achievement of the purposes set
forth in Article (55)”, which the most important of them is the observation of Human
Rights and fundamental freedoms for all.
(1)
Proponents of this view believe that the Universal Declaration is a violation of the principle of
country sovereignty and a violation of the provision contained in Article II, Paragraph 7, of
the Charter of the United Nations, which would bring out of the competence of the United
Nations issues that fall within the internal jurisdiction of each country.
The prevailing view of Modern Jurisprudence considers the Universal
Declaration of Human Rights as an integral part of Customary International Law.
Countries are accustomed to adopting what is contained therein, which made it a part
of Customary International Law, so its rules are binding. The proponents of this view
take the French Court of Cassation as an example, as it has based many of its
judgments since 1972 thereon on the basis that its principles became binding
customary rules by time.
As for, at the international level, the content of the Universal Declaration was
the basis for condemning many of the acts of countries against Human Rights,
considering such acts are in violation of the International Law. Many international
treaties have also restated the rules contained in the Universal Declaration, repeated
them in the Preamble thereof, and made them a basis of the legislative regulation
established thereby.
At the national level, most countries, in their national constitutions and

legislation with various degrees, have referred to the principles and rules contained
in the Universal Declaration.
If we look at the Preamble to the current Egyptian Constitution of 2014, we will

find an explicit reference to the Universal Declaration of Human Rights.
II: Efforts of the United Nations to give a binding value to the principles of the
Universal Declaration of Human Rights:
In order to give a binding legal value to the principles contained in the Universal
Declaration of Human Rights, the efforts of the United Nations have turned to
another mission, namely, the promulgation of a new Bill of Human Rights. The
General Assembly requested the Commission on Human Rights that this Declaration
be accompanied by a preparation of a draft charter or international treaties containing
provisions, to promote the protection of human rights. It shall set out, in a detailed
and binding manner, the limits that countries shall comply with in the application of
rights and freedoms, as well as containing some kind of international supervision
and control on the application of the conventions, which were called “covenants”.
Accordingly, the Commission on Human Rights embarked on the preparation of
an international Human Rights covenant containing all areas and types of rights;
whether civil, political, social, economic or cultural rights. It continued its efforts
over six years to prepare such draft, where it was completed in 1954. Due to the
different nature of these rights, it was decided to draft two covenants; the first one
deals with civil and political rights, and the other one deals with economic, social
and cultural rights.
The Commission on Human Rights completed the preparation of the two draft
covenants at its ninth and tenth sessions, held in 1966, and the following two
Covenants on Human Rights were adopted by States:
First: International Covenant on Civil and Political Rights.

Second: International Covenant on Economic, Social and Cultural Rights.
They were called the International Covenant, rather than the Universal
Covenant, like the Universal Declaration, for being directed to make countries
committed by. With the adoption of such two Covenants, the rights and freedoms
contained in the Universal Declaration have become legal obligations deriving from
the Conventional International Law. Therefore, the two Covenants are two binding
international conventions with legal obligations to signing countries. These two
Conventions also established an international regulation of control to ensure the
application of the rights and freedoms contained therein. They aim to provide
various guarantees for the protection of rights and freedoms.

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The Universal Declaration of Human Rights as one of the International

Charters protecting Human Rights

Introduction and Division:

The Universal Declaration of Human Rights, known in global circles as

Accordingly, we will divide our study into two parts, as follows:

First part: Introduction to the Universal Declaration of Human Rights.

The concept of the Universal Declaration of Human Rights:

The idea of preparing the Universal Declaration of Human Rights began on

The Universal Declaration of Human Rights consists of 30 articles. It is

Although the Universal Declaration of Human Rights is not a treaty; it has

The Universal Declaration of Human Rights is characterized by its universal and

The Human Rights and fundamental freedoms contained in the Universal

• The right to non-discrimination on grounds of color, language, religion, etc.

I: Contradictions of Jurisprudence views on the legal value of the Universal

In reviewing the views of Jurisprudence on this Declaration, we find that some

At the national level, most countries, in their national constitutions and

If we look at the Preamble to the current Egyptian Constitution of 2014, we will

First: International Covenant on Civil and Political Rights.

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