The modern declaration of human rights and freedoms was adopted in 1948 during the United Nations General Assembly. This document is the basis that defines the basic human freedoms throughout the modern world. The adoption of this important international declaration was preceded by a long-standing struggle of the progressive public for the provision of democratic freedoms. This will be discussed further.
How did you come up with the idea of creating a document
In the eighteenth century, many European states were embraced by the Enlightenment movement. Advanced thinkers, philosophers began increasingly to declare the need for each person to have certain freedoms, rights that will be given from birth to the end of his life's journey. At the heart of this idea was the proclamation of the equality of all people. In accordance with the opinion of many advanced enlighteners, people should have equal opportunities for the implementation of socio-economic functions, realization in political and spiritual life. So the idea arose of the need for the so-called natural law, which began to spread rapidly around the world, as it was popular among the majority of the population. Over the years, as a result of a tense struggle, including in the process of revolutionary transformations, various documents have been adopted that provide citizens with freedom.
England is the first country to enforce human rights law
Earlier than in other states, they thought about legislatively securing such rights in Great Britain. This was made possible thanks to the bourgeois revolution that took place there. The country's parliament in 1689 adopted a bill of rights. This is the first European declaration of human rights and freedoms. In addition to restrictions on the king’s power, a large place in the bill was given to the specification of privileges for the population that were granted to him by this document.
In particular, the bill guaranteed the British the following possibilities:
- freedom of debate in parliament, free expression of their thoughts, for such actions their participants were protected from persecution;
- fines and confiscations should only come after a court decision;
- the inhabitants could petition the king.
The adoption of such a document testified to the desire of the British to exclude arbitrariness on the part of state bodies. The bill formed the basis of the fundamental laws of the country.
USA: Enforcing Civil Rights Directly in the Constitution
In the United States, the declaration of human rights and freedoms is reflected in the Bill of Rights. In 1789, James Madison proposed making certain amendments to the state constitution, which would limit the arbitrariness of power in relation to citizens. Thus, the provisions of the bill became amendments to the basic law of the United States. They entered into force at the end of 1791.
What the bill guaranteed:
- meetings and associations of citizens were permitted;
- proclaimed freedom of speech and press;
- arrests, confiscations and searches were prohibited without a court order;
- the government promised to protect private property;
- torture, cruel executions were prohibited;
- the accused was given the opportunity to consider his case by a jury.
Thus, the execution of convicts ceased to turn into a demonstration show, citizens were given equal chances for their acquittal in court, people got the opportunity to express their opinions on the pages of newspapers and at events.
France is the birthplace of the Declaration
The French revolution, which went down in world history under the name of the great, led to the overthrow of the monarchy. The development and approval of the declaration of the rights and freedoms of man and citizen became a series of numerous transformations of the revolution. In August 1789, this document was adopted by the National Assembly, a body that, after restricting the monarchy, took over the functions of governing the state. The Declaration of Human Rights and Freedoms of 1789 is considered one of the most democratic and progressive. Its main theses became the basis of many constitutions that were adopted in the 19th century.
In France, swept by the whirlwind of the revolution, events were swiftly taking place, including those related to the improvement and refinement of civil liberties.
So, after the final destruction of the royal rule and the formation of the republic, a constitution was adopted in which democratic rights were spelled out in more detail.
The expanded French declaration of human rights and freedoms provided for freedom of religion, allowed people to participate in various assemblies, and also proclaimed freedom of speech, free disposal of their property, products of intellectual work, the ability to realize their statements through the press.
Also, the state along with these rights guaranteed the French equality, security, education, state support.
Start creating a document
Over the centuries, various nations have gone their own way in the process of creating a document guaranteeing freedom. The direct declaration of human rights and freedoms, which is valid to this day, began to be drawn up on the basis of the UN. In the post-war world, the new association was supposed to deal with the regulation of relations between states, contribute to the consolidation of peace, and the establishment of equal human rights. The first UN meeting on the development of draft human rights documentation in 1947 was attended by representatives of eighteen states. Among them: USA, Australia, USSR, Belgium, Cuba, India, Panama, Libya, Iran, Philippines, France, Yugoslavia, Chile and others.
The commission for this work was led by Eleanor Roosevelt, the wife of the famous American president. Since the preparation of the declaration of the rights and freedoms of man and citizen was a difficult and responsible matter, and also because of the numerous opinions of different members, it was decided to continue working in working groups.
Work on the text of the representatives of the first working group
The draft working group included Eleanor Roosevelt, Lebanese diplomat Charles Malik, Chinese representative Zhang Pengchun, and international lawyer John Humphrey. It was a kind of backbone of the group. In addition to them, representatives of Great Britain, the Soviet Union, Australia, Chile and France also participated.
The work was intense and hard, the participants had to take into account in the treatise all the needs of a modern person: basic, spiritual, political, economic, religious. The new declaration of human rights and freedoms was to fully meet the aspirations of the peoples who survived the Second World War.
Humphrey Preview
After lengthy discussions, a preliminary Humphrey draft was reviewed. This draft project consisted of four hundred pages, including all aspects of public life. The project was based on all the well-known documents regulating this area of activity. These are the American and English bill of rights, the achievements of the French revolutionaries, the declaration of human rights and fundamental freedoms of the first French republic, and other acts.
In addition to global developments from this industry, a preliminary project was worked out by experts from leading legal organizations in America.
Humphrey's option included all possible freedoms and rights that encompassed all aspects of the life of modern society. An attempt was made to include all existing practices in the document.
Work in development teams
Since a great deal of material was collected and the debate unfolding threatened to drastically delay the adoption process, a new subgroup was created to work out additions and make comments.
The working group also included Eleanor Roosevelt, British representative Jeffrey Wilson, Charles Malik and Rene Kassen from the French side.
The bulk of the processing of the original project was carried out by Kassen, a legal specialist. He systematized the Humphrey project, and also supplemented the project with a preamble, in which he thoroughly invested fundamental postulates, and also concluded, reorganized and regrouped the articles. At the beginning, the revised version was considered directly by the members of the working group. And at the end of 1947, the second option was presented to the UN court, namely its Commission on Human Rights, whose meeting was held in Geneva.
Third option
In the process of considering the second option, taking into account the wishes and different opinions, a UN declaration of human rights and freedoms was developed, the so-called third option or the Geneva version.
In addition to country representatives, members of numerous public organizations also participated.
A heated debate erupted around issues regarding future monitoring of compliance with the positions enshrined in the text of this act.
In particular, they considered the establishment of appropriate institutions that would take over the functions of control, as well as the possible punishment of violators. The question of the possibility of creating an international tribunal was also raised. The debate on the paragraphs of the Geneva version continued until May next year during the next meeting of the commission, which was held in New York.
Signing ceremony
The formal adoption ceremony took place at the end of 1948 in Paris. The Universal Declaration of Human Rights and Freedoms has received support from 48 states. A number of countries, including the Soviet Union and the union Belarusian and Ukrainian republics, abstained from voting on the adoption of this act.
Distribution of the document in the world
Despite the fact that the nature of the act is advisory, many of its provisions formed the basis of the constitutions of a number of states. The International Declaration of Human Rights and Freedoms has been translated into many world languages (more than 500), is the most democratic document for the entire time of the existence of mankind. A few years after its adoption, this day was proclaimed Human Rights Day.
Key Points
Thirty articles of the document contain fundamental human rights, such as freedom of speech, conscience, religion.
An important point is the provision on the prohibition of slavery, all types of discrimination, including gender, racial.
In accordance with the provision of the act, all people are equal, rights are granted to them from birth, are inalienable.
An important article is the right to protection of a person by impartial authorities.
A number of political rights specified the ability of citizens to be involved in governing the country directly and in the process of realizing their electoral capabilities.
Along with numerous rights, there are also articles on individual obligations.
1991 Declaration of Human Rights and Freedoms
In September 1991, a similar document was also adopted in Russia. He, in accordance with international practice, legally secured the paramount place of man in the state.
A few words in conclusion
This act was adopted at a difficult time for the country during perestroika and economic instability. Despite the fact that the declaration affirmed the priorities of human rights, it has a number of shortcomings. Including some declared rights do not have material support.
Despite the fact that not all countries unequivocally positively accepted the adoption of this act, long discussions and criticism took place for some time in the Soviet Union and the United States, the Declaration was the result of the centuries-old struggle of enlightened humanity for democratic rights and freedoms.