3. The 1948 Universal Declaration of Human Rights (UDHR)
From the UDHR to the International Bill of Human Rights
The International Bill of Human Rights was the name given to UN General Assembly Resolution 217 (III) and two international treaties established by the United Nations. The following five documents are the foundation of the International Bill of Human Rights adopted over a period spanning about 30 years:
1) Universal Declaration of Human Rights (adopted in 1948)
2) International Covenant on Economic, Social and Cultural Rights (adopted in 1966)
3) International Covenant on Civil and Political Rights (adopted in 1966)
4) Optional Protocol to the International Covenant on Civil and Political Rights (1976)
5) Second Optional Protocol to the International Covenant on Civil and Political Rights, aiming at the abolition of the death penalty (1976)
The two covenants (items 3 and 4 above) entered into force in 1976, after a sufficient number of countries had ratified them.
Universal Declaration of Human Rights
As outlined earlier in 1948, the United Nations General Assembly adopted the UDHR. On the same day that the UN adopted the UDHR, the United Nations General Assembly asked its Commission on Human Rights to draft a covenant on human rights, which could become a binding treaty. In 1952, after six years of drafting and debate, the General Assembly requested that the Commission on Human Rights draft two covenants rather than one. The covenants, the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights were opened for signature in 1966 and entered into force in 1976.
International Covenant on Civil and Political Rights 1966 (ICCPR)
Civil and political rights include the right to freedom of conscience and religion, the right to be free from torture, and the right to a fair trial. Most of these rights are not absolute. Instead they are subject to reasonable limitations which are created for a legitimate purpose. For example, it may be legitimate to limit a right in order to protect national security, public order or the general welfare of a democratic society. Some rights, such as the right not to be held in slavery and the right to be free from torture are absolute. Article 4 of the ICCPR identifies absolute (or non-derogable) rights which cannot be infringed in any circumstances.
The ICCPR has two Optional Protocols: Optional Protocol to the International Covenant on Civil and Political Rights 1966 and Second Optional Protocol to the International Covenant on Civil and Political Rights.
International Covenant on Economic, Social and Cultural Rights 1966
Economic, social and cultural rights include the right to an adequate standard of living, the right to education, the right to fair wages and the right to safe working conditions. Article 2(1) of the International Covenant on Economic, Social and Cultural Rights (ICESCR) requires states to take steps, including legislative measures, to achieve the ‘progressive realisation’ of ICESCR rights. This requires that states only demonstrate in good faith the fulfilment of the rights over time within their capacities. For example, it is assumed that where states have inadequate resources to ensure free education is provided, they will work towards achieving this goal. The United Nations Committee on Economic Social and Cultural Rights (the CESCR) monitors compliance with the ICESCR and provides guidance on how countries should interpret the ICESCR.
An increasing number of countries, across all continents and legal systems, have incorporated judicial review of economic, social and cultural rights. These include South Africa, Finland, Argentina, Mauritius, Canada, Latvia, France, India, Bangladesh, Nigeria, and most countries in Central and Eastern Europe.
Optional Protocol to the International Covenant on Economic, Social and Cultural Rights
This Optional Protocol was adopted by the United Nations General Assembly on 10 December 2008.