This paper examines the role of the United Kingdom in the process of drafting the Universal Declaration of Human Rights (UDHR); and proceeds to discuss the impact the UDHR has had on UK law, politics and society.

Philosophical Theory and the Universal Declaration of Human Rights examines the relations and interrelations among theoretical and practical analyses of human rights. Edited by William Sweet, this volume draws on the works of philosophers, political theorists and those involved in the implementation of human rights. The essays, although diverse in method and approach, collectively argue that the language of rights and corresponding legal and political instruments have an important place in contemporary (...) social political philosophy. Published in English. (shrink)

The “Universal Declaration of Human Rights” and the “Geneva Declaration” by the World Medical Association, both in 1948, were preceded by the foundation of the United Nations in New York (1945), the World Medical Association in London (1946) and the World Health Organization in Geneva (1948). After the end of World War II the community of nations strove to achieve and sustain their primary goals of peace and security, as well as their basic premise, namely (...) the health of human beings. All these associations were well aware of the crimes by medicine, in particular by the accused Nazi physicians at the Nuremberg Doctors Trial (1946/47, sentence: August 1947). During the first conference of the World Medical Association (September 1947) issues of medical ethics played a major role: and a new document was drafted concerning the values of the medical profession. After the catastrophe of the War and the criminal activities of scientists, the late 1940s saw increased scrutiny paid to fundamental questions of human rights and medical ethics, which are still highly relevant for today’s medicine and morality. The article focuses on the development of medical ethics and human rights reflected in the statement of important persons, codes and institutions in the field. (shrink)

Now is a good time to take stock of the global progress made toward achieving the ideals enshrined in the Universal Declaration of Human Rights, which was passed by the UN General Assembly seventy years ago. Though the UDHR has played a vital role in advancing human rights globally, threats to human rights areever present. Two issues in particular stand out as barriers to further progress. The first is state sovereignty, which presents (...) a fundamental challenge to any effort to establish universal norms. Without strong global institutional mechanisms to ensure implementation, UDHR's impact remains limited. The second major concern is the “siloing” of human rights efforts, whereby civil and political rights have been given primacy over social and economic rights. Emphasis on some principles to the exclusion of others undermines the comprehensive advancement of human rights. The current state of affairs is a product of the collective failure to address human rights holistically and to implement real monitoring and accountability measures for states, which are directly charged with upholding them within their borders. (shrink)

Peter Frankental, Head of Business Networks, Amnesty International, explores the role of The UN Universal Declaration of Human Rights as a corporate code of conduct. Frankental observes a changing business context, which overall increases the risk to business of dealing with other parties, including countries, subcontractors, joint venture partners and their stockholders. The paper proceeds to examine the barriers to integration of human rights, and identifies dilemmas that firms need to resolve. While in the (...) author’s view ethical behaviour does not confer competitive advantages in the short run, companies that base their codes of conduct on the UN Universal Declaration of Human Rights are likely to find themselves in the stronger position to protect their reputation, brands and assets in the longer term. (shrink)

Article 18 of the Universal Declaration of Human Rights is widely considered to be the most influential statement on religious freedom in human history. Religious Freedom and the Universal Declaration of Human Rights provides a groundbreaking account of its origins and developments, examining the background, key players, and outcomes of Article 18, and setting it within the broader discourse around international religious freedom in the 1940s. Taking issue with standard accounts that (...) see the text of the Universal Declaration as humanity's joint response to the atrocities of World War II, it shows instead how central features of Article 18 were intimately connected to the political projects and visions of particular actors involved in the start-up of the UN Human Rights program. This will be essential reading for anyone grappling with the historical and contemporary meaning of human rights and religious freedom. (shrink)

RESUMEN: El derecho a la participación política se encuentra en el artículo 21 de la Declaración Universal de Derechos Humanos como un derecho humano. Este derecho ha seguido un desarrollo a nivel internacional desde una perspectiva global, así como continental, por lo que se analiza su evolución en los últimos 70 años y el impacto que ha tenido dentro del desarrollo del Derecho Internacional de los Derechos Humanos. Por último se subraya el carácter fundamental del derecho a participar así (...) como una proyección de su desarrollo en el futuro.ABSTRACT: The right to political participation is found in article 21 of the Universal Declaration of Human Rights as a human right. This right has followed an international development from a global as well as a continental perspective, so its evolution over the last 70 years and the impact it has had on the development of the International Law of Human Rights is analyzed. Finally, the fundamental character of the right to participate is stressed, as well as a projection of its.PALABRAS CLAVE: derechos humanos, participación política, democracia, ciudadanía, derechos.KEYWORDS: human rights, political participation, democracy, citizenship, rights. (shrink)

There is perhaps no text with a broader impact on our lives than the 1948 Universal Declaration of Human Rights . It is strange, therefore, that historians have paid so little attention to the UDHR. I argue that its potential impact on the study of history is profound. After asking whether the UDHR contains a general view of history, I address the consequences of the UDHR for the rights and duties of historians, and explain how (...) it deals with their subjects of study. I demonstrate that the UDHR is a direct source of five important rights for historians: the rights to free expression and information, to meet and found associations, to intellectual property, to academic freedom, and to silence. It is also an indirect source of three duties for historians: the duties to produce expert knowledge about the past, to disseminate it, and to teach about it. I discuss the limits to, and conflicts among, these rights and duties. The UDHR also has an impact on historians’ subjects of study: I argue that the UDHR applies to the living but not to the dead, and that, consequently, it is a compass for studying recent rather than remote historical injustice. Nevertheless, and although it is itself silent about historians’ core duties to find and tell the truth, the UDHR firmly supports an emerging imprescriptible right to the truth, which in crucial respects is nothing less than a right to history. If the UDHR is a “Magna Carta of all men everywhere,” it surely is one for all historians. (shrink)

This article argues that the Universal Declaration of Human Rights (UDHR), by claiming certain inheritances from eighteenth-century American and French rights declarations, simultaneously disavowed others, reshaping the genre of the rights declaration in ways amenable to forms of imperial and racial domination. I begin by considering the rights declaration as genre, arguing that later participants can both inherit and disavow aspects of what came before. Then, drawing on original archival research, I (...) consider the drafting of the UDHR, using as an entry point the reception of the NAACP’s Appeal to the World petition, edited by W.E.B. DuBois. I reconstruct conversations within the drafting committee about the right to petition, self-determination, and the right to rebellion, and the separation of the Declaration from the rights covenants, to illustrate the allegiances between US racial politics and French imperial politics, and their legacies for our contemporary conceptions of human rights. (shrink)

To mark the 70th anniversary of the adoption of the Universal Declaration of Human Rights, the author embarked on an attempt to analyze the theoretical and historical framework that contributed to the adoption of the document. The first part of the article discusses the development of the philosophy of personalism from Mounier to Maritain and analyzes Maritain’s views on human rights. In the second part of the article, the author shows the decisive influence of (...) the personalists Charles Malik and Rene Cassin on the adoption of the document, which clearly bears the mark of the Christian personalistic discourse and notions. (shrink)

This fully revised and extended edition of James Nickel's classic study explains and defends the conception of human rights found in the Universal Declaration of Human Rights and subsequent human rights treaties. Combining philosophical, legal, and political approaches, Nickel addresses questions about what human rights are, what their content should be, and whether and how they can be justified.

The professional regulatory system known as medical ethics has been one of the most visionary and socially valuable creations of the medical profession. Its beneficial influence has extended beyond physician/patient relations, to the shaping of many key humanistic and egalitarian features of the world’s legal and political institutions. The continued existence of medical ethics as a professionally influential normative system, however, is being challenged by international human rights. The UNESCO Universal Declaration on Bioethics and Human (...) Rights, is likely to be an important point of intersection in this process. (shrink)

Recent work has stressed the importance of the concept of solidarity to bioethics and social philosophy generally. But can and should it feature in documents such as the Universal Declaration on Bioethics and Human Rights as anything more than a vague notion with multiple possible interpretations? Although noting the tension between universality and particularity that such documents have to deal with, and also noting that solidarity has a political content, the paper explores the suggestion that solidarity (...) should feature more centrally in international regulations. The paper concludes with the view that when solidarity is seen aright, the UDBHR is an implicitly solidaristic document. (shrink)

This essay examines the function of the concept of human dignity (both as an inherent feature of human existence and as an ideal achievement) in the United Nations's 1948 Universal Declaration of Human Rights. It explains why the key framers of the document affirmed an inherent human dignity in order to provide an explanatory basis for the validity of universal human rights while eschewing any religious or metaphysical justification for this (...) affirmation. It argues that the key framers, while aware of the Christian anthropology informing the modern Western concept of the dignity of the person, grasped (1) that the Declaration, to be ratifiable, would need to be free of religious reference, and also (2) that the notion of inherency suffices to suggest heuristically not only a universal human nature but also, crucially, a transcendent reality in which all persons participate. (shrink)

This paper explores the evolution of the Universal Declaration on Bioethics and Human Rights , which was adopted by the United Nations Educational, Scientific and Cultural Organization in 2005. While the draft UDBHR generated controversy among bioethicists, the process through which it evolved excluded mainstream bioethicists. The absence of peer review affects the declaration’s content and significance. This paper critically analyses its content, commenting on the failure to acknowledge socioeconomic and other factors that impede its (...) implementation. The UDBHR outlines ideal standards but fails to provide guidance that can be readily applied in different settings. It strives for universality but does not contribute to understanding of universal or global bioethics.The Universal Declaration on Bioethics and Human Rights was developed through multinational consultation over several years. It was officially adopted by the United Nations Educational, Scientific and Cultural Organization in October 2005.1 This paper explores the process of drafting the UDBHR, critically analyses its content and considers its status in the context of global bioethics. It comments on the UDBHR’s failure to acknowledge or respond to socioeconomic and other factors that impede attempts to implement it. The paper concludes that the process of drafting the declaration excluded a necessary group of stakeholders and that the UDBHR therefore fails to provide the guidance it aims to offer.Identifying a need to develop universally applicable ethical guidelines within a context of cultural pluralism, Unesco began developing a draft Declaration on Universal Norms on Bioethics. A near final draft was posted on Unesco’s website in February 2005 and replaced in June 2005 with the version subsequently adopted as the UDBHR. Stakeholder consultation on the draft involved hundreds of people in many diverse nations. These were seemingly limited to consultations with Unesco affiliates, however, and public comment was not solicited. …. (shrink)

In this paper I will analyse the conception of human rights, considering, in particular, the Universal Declaration of Human Rights (1948). Human rights, following the common-sense approach, are of course a sacred element for each individual and a necessary premise for an ethics that points to human flourishing. Here, the concept of human rights concerning the subject’s beliefs and the context in which the subject acts will be analysed. At (...) the centre of this paper, there will be an analysis of the universality of human rights. In particular, I will take in consideration the position of J. Maritain, who found in praxis – and who was aware of the horrible totalitarianisms of the twentieth century – the common ground for a definition of human rights. I will also consider, therefore, the objections addressed to the definition of human rights, and the Cairo Declaration, which stands in evident contrast with the 1948 Declaration. Furthermore, I will focus on different backgrounds of the declarations and their attempt at universality. The government of a society is responsible for the co-existence of its citizens and for the respect and protection of each individual. In this sense, civil ethics has to be based on human dignity and human rights. (shrink)

The resolution of the UN was adopted on 10 December in 1948(A/RES/217). The research’ route of the article analyses the historical conditions where the UDHR was drafted. And intends to analyse and to debate if the political speech that crossed the cold war and emerged again, in the context of geostrategy conflicts, respects the substance of the original document. This research pathway determines and debate five fundamental questions: The connection between the articles of UDHR agreement and labour rights, economic (...) democracy, and, on the other hand, political liberty, the right of nations to decide from themselves and the imperative of universal peace. If the articles of UDHR are compatible or not with the political nature and evolution of liberal democracies and socialist regimes. If propaganda of the Cold War and the geopolitical confrontation, they subvert and distort the principles of the original UN Human Rights or defend those principles. If people around the world really know and are conscientious of UDHR principles and articles, or those propaganda created a phenomenon of global alienation. At last, what means a new generation of human rights. That methodology will be supported by the case study of the United States of America and People Republic of China. Keywords: origen and historical context of UDRH, J. P. Humphrey, P.C. Chang, Eleanor Roosevelt, UDHR, preamble and 30 articles, China and UDHR, clean, healthy, sustainable environment as human righ. (shrink)

I argue that theoretical developments in the study of the Universal Declaration of Human Rights (UDHR) should occur alongside progress in moral psychology, particularly moral cognition. More specifically, I argue that Universal Moral Grammar (UMG), a model positing an innate, regulative, and universal moral faculty characterizable in terms of rules and principles, fulfills the role of the foundational model needed to usefully conceptualize the UDHR. As such, I provide a detailed account of UMG against (...) competing models in moral psychology. Furthermore, I combine UMG with Talbott’s Historical-Social Process of Moral Discovery and Rawls’s reflective equilibrium to show how the UDHR represents a major development in moral exploration, one indicating a more penetrative look into the inner moral nature of humans that attempts to reach, but does not attain, one interpretation of reflective equilibrium tied to cognitive moral psychology. (shrink)

In October 2005, UNESCO (the United Nations Educational, Scientific and Cultural Organization) adopted the Universal Declaration on Bioethics and Human Rights. This was the culmination of nearly 2 years of deliberations and negotiations. As a non-binding instrument, the declaration must be incorporated by UNESCO’s member states into their national laws, regulations or policies in order to take effect. Based on documentary evidence and data from interviews, this paper compares the declaration’s universal principles with (...) national bioethics guidelines and practice in Kenya and South Africa. It concentrates on areas of particular relevance to developing countries, such as protection of vulnerable persons and social responsibility. The comparison demonstrates the need for universal principles to be contextualised before they can be applied in a meaningful sense at national level. The paper also assesses the ‘added value’ of the declaration in terms of biomedical research ethics, given that there are already well-established international instruments on bioethics, namely the World Medical Association Declaration of Helsinki and the CIOMS (Council for International Organizations of Medical Sciences) guidelines on biomedical research. It may be that the added value lies as much in the follow-up capacity building activities being initiated by UNESCO as in the document itself. (shrink)

Critiquer la Déclaration universelle des droits de l’homme du 10 décembre 1948 paraît relever de la provocation ou de l’inconscience. Ses contempteurs, qu’il s’agisse des marxistes ou des conservateurs, se sont déconsidérés. Nonobstant, c’est avec force courage que Hayek s’est attelé dès 1966 à une critique en règle de cette déclaration “constructiviste” dont l’objectif impossible était de fusionner les droits de la tradition libérale avec ceux de la conception marxiste. Le Prix Nobel démontre que les nouveaux droits ainsi proclamés ne (...) peuvent être traduits dans des lois contraignantes sans détruire incontinent l’ordre de liberté auquel tendent les droits “traditionnels” : la Déclaration constitue l’un de ces instruments qui oeuvrent à la dévalorisation du Droit et partant à la destruction de la Liberté. C’est par son prestige et par l’ignorance de ceux qui l’ont exploité que ce texte a pu prospérer. Son seul mérite est de mériter l’oubli.It might seem provocative or inconsistent to criticize the Universal Declaration of Human Rights of December 10, 1948. Its detractors, whether they be Marxists or Conservatives have fallen into discredit. Notwithstanding, Hayek has courageously tried to criticize this “constructivist” piece whose impossible goal was to unite rights in the liberal tradition with those pertaining to the Marxist conception. Hayek shows that the new rights which are proclaimed in this fashion cannot be translated into juridical constraints without destroying forthwith the liberal order cherished by “traditional” rights: the Universal Declaration of Human Rights is one of the tools which enhances the depreciation of Law and, by the way, the annihilation of Freedom. This text has flourished thanks to its prestige and to the ignorance of those who have employed it. Its unique merit is to deserve oblivion. (shrink)

ABSTRACT This essay focuses on two underlying presumptions that impinge on the effort of UNESCO to engender universal agreement on a set of bioethical norms: the conception of universality that pervades much of the document, and its disregard of structural inequalities that significantly impact health. Drawing on other UN system documents and recent feminist bioethics scholarship, we argue that the formulation of universal principles should not rely solely on shared ethical values, as the draft document affirms, but also (...) on differences in ethical values that obtain across cultures. UNESCO's earlier work on gender mainstreaming illustrates the necessity of thinking from multiple perspectives in generating universal norms. The declaration asserts the ‘fundamental equality of all human beings in dignity and rights’1 and insists that ‘the highest attainable standard of health is one of the fundamental rights of every human being without distinction of race, religion, political belief, economic or social condition’2 yet it does not explicitly recognize disparities of power and wealth that deny equal dignity and rights to many. Without attention to structural (as opposed to merely accidental) inequities, UNESCO's invocation of rights is so abstract as to be incompatible with its avowed intention. (shrink)

In public health, the issue of pharmaceutical pricing is a perennial problem. Recent high-profile examples, such as the September 2015 debacle involving Martin Shkreli and Turing Pharmaceuticals, are indicative of larger, systemic difficulties that plague the pharmaceutical industry in regards to drug pricing and the impact it yields on their reputation in the eyes of the public. For public health ethics, the issue of pharmaceutical pricing is rather crucial. Simply, individuals within a population require pharmaceuticals for disease prevention and management. (...) In order to be effective, these pharmaceuticals must be accessibly priced. This analysis will explore the notion of corporate social responsibility in regards to pharmaceutical pricing with an aim of restoring a positive reputation upon the pharmaceutical industry in the public eye. The analysis will utilize the 2005 United Nations Educational, Scientific, and Cultural Organization’s Universal Declaration on Bioethics and Human Rights to establish implications regarding the societal responsibilities of pharmaceutical companies in a global context. To accomplish this, Article 14 of the UDBHR—social responsibility and health—will be articulated in order to advocate a viewpoint of socially responsible capitalism in which pharmaceutical companies continue as profit-making ventures, yet establish moral concern for the welfare of all their stakeholders, including the healthcare consumer. (shrink)

ABSTRACTSome people might argue that there are already too many different documents, guidelines, and regulations in bioethics. Some overlap with one another, some are advisory and lack legal force, others are legally binding in countries, and still others are directed at narrow topics within bioethics, such as HIV/AIDS and human genetics. As the latest document to enter the fray, the UNESCO Declaration has the widest scope of any previous document. It embraces not only research involving human beings, (...) but addresses broader concerns in medicine and healthcare. The UNESCO draft declaration has some minor weaknesses, but on the whole, the strengths outweigh the weaknesses. One weakness is that some items in the draft are stated in a way that is too restrictive, thereby appearing to rule out legitimate activities. A strength of the Declaration is that it is relatively brief, yet at the same time contains sufficient detail to make it something more than a rehearsal of mere pieties. As the most recent of the numerous bioethics and human rights documents, the UNESCO draft draws on many of the earlier documents and also includes some of the most recent thinking about ethical norms and obligations. Perhaps its greatest strength lies not in details of the principles or their implementation, but rather in its stature as an international declaration issued by a United Nations organization. (shrink)

In philosophical debates on human rights between the East and the West, scholars argue whether rights in the Universal Declaration of Human Rights (UDHR) and other international documents (in short, “international human rights”) are universal or culturally relative. Some scholars who emphasize the importance of East Asian cultures (such as the Confucian tradition) have different attitudes toward civil and political rights (CP rights) than toward economic, social, and cultural (...) rights (ESC Rights). They argue that at least some international human rights on the list of CP rights are not universal and believe that East Asian cultures can contribute to the moral justification of ESC rights. This chapter introduces a philosophical argument to support a normative account of human rights. This normative account, called “the minimal account of human rights,” is based on the ideas of minimal values, especially essential necessities of dignity. Based on this account, we can explain why international human rights are both universal and justified by East Asian cultures, especially the Confucian tradition. To explain this minimal account and illustrate how it can be applied to debates on international human rights, this chapter focuses on debates on the international human rights to liberty on the list of CP rights and the human rights to health on the list of ESC rights. (shrink)

As our contemporary international order seems to come apart at its seams in the trenches of Eastern Europe, many observers have sought solace in the promises made by the historical crucible in which this order was forged. It was, after all, in the aftermath of a previous global conflagration that a planetary constellation of statespeople attempted to create an architecture that would save ‘succeeding generations from the scourge of war’ under the aegis of the ‘United Nations Organization’ (uno). In hindsight, (...) it is easy to look at the years that led to the creation of this international institution—and the proclamation of the Universal Declaration of Human Rights (udhr) of 1948, one of its central pillars—as a decisive ‘Grotian moment,’ insofar as it promised a new age for international ordering. And yet, the historical record shows that those contemporary to the making of the uno and the udhr were less certain about the ‘Grotianness’ of the moment they were living. In this sense, I argue that the plural legacies of the years 1941–1948 have been contested and disputed from the outset. In this contribution I think with, and perhaps against, the notion of ‘Grotian moments’ to interrogate how a narrative of the udhr as a watershed period for secularized individual rights came to eclipse another account of the udhr, which highlighted the centrality of collective welfare for the post-war settlement. (shrink)

This note on human rights practice observes that some pedagogical methods in human rights education can have the effect of making human rights violations both seem to be performed by abnormal, bad actors and seem to occur in places far away from US classrooms. This effect is not intended by instructors; a methodological corrective would be helpful to human rights education. This note provides a corrective by suggesting two practices: (1) a pedagogical (...) emphasis on what the Martinican philosopher Édouard Glissant calls ‘entanglements’, or the way in which normal, local actions are tied to global consequences in our contemporary world; and (2) a pedagogical exercise of performing a phenomenology of, or first-person reflection on, daily life as it relates to the Universal Declaration of Human Rights. The emphasis and exercise work together to implicate the actor in larger patterns of human rights violations and protections. Overall, the emphasis and exercise prevent an insidious insinuation of some human rights education: that human rights violations are to be theorized in the global North but suffered in the global South. (shrink)

It has been claimed that several of the rights in the UN’s Universal Declaration of Human Rights - in particular the social and economic rights to the provision of welfare in, for example, education - cannot literally be rights of everybody. We find two main lines of analysis that have been raised to back up this claim. One of these lines is theoretical or normative in nature. Here I take up Onora O’Neill’s concern (...) with the counterpart obligations that attach to the UDHR social and economic rights. She argues that these obligations do not have a universal character and cannot backstop universal moral rights. I suggest ways around her argument. The other main line concerns feasibility. Here I take up the argument that the UDHR social and economic rights apparently cannot, under existing conditions, be fulfilled at even a minimal level for millions upon millions of people. James Nickel, well aware of this problem, argues that these rights nonetheless do not, on grounds of infeasibility, fail of universality. I try to counter his argument. But I add, in conclusion, that these pressing practical problems with the UDHR welfare rights could possibly be removed in time, with concentrated effort. (shrink)