Drafting of the Universal Declaration of Human Rights

The Universal Declaration of Human Rights was drafted from early 1947 to late 1948 by Canadian John Peters Humphrey of the United Nations Secretariat and representatives of countries which were members of the first United Nations Commission on Human Rights, which was until 2006, when it was replaced by the United Nations Human Rights Council, a standing body of the United Nations.

Well known members of the Commission who contributed significantly to the creation of the Declaration included Eleanor Roosevelt of the United States, who was Chairman, Jacques Maritain and René Cassin of France, Charles Malik of Lebanon, and P. C. Chang of China,^[1] among others.

Membership of the Commission

The membership of the Commission was designed to be broadly representative of the global community with representatives of the following countries serving: Australia, Belgium, Byelorussian Soviet Socialist Republic, Chile, China, Egypt, France, India, Iran, Lebanon, Panama, Philippines, United Kingdom, United States, Union of Soviet Socialist Republics, Uruguay and Yugoslavia.^[2]

The Humphrey Draft

Humphrey was newly appointed as Director of the Division of Human Rights within the United Nations Secretariat.^[3] In this role he produced the first draft of a list of rights that were to form the basis of the Declaration.

The Cassin Draft (the Second Draft)

The underlying structure of the Universal Declaration was introduced in its second draft which was prepared by Rene Cassin. Cassin worked from a first draft prepared by John Peters Humphrey. The structure was influenced by the Code Napoleon, including a preamble and introductory general principles.^[4] Cassin compared the Declaration to the portico of a Greek temple, with a foundation, steps, four columns and a pediment. Articles 1 and 2 are the foundation blocks, with their principles of dignity, liberty, equality and brotherhood. The seven paragraphs of the preamble, setting out the reasons for the Declaration, are represented by the steps. The main body of the Declaration forms the four columns. The first column (articles 3-11) constitutes rights of the individual, such as the right to life and the prohibition of slavery. The second column (articles 12-17) constitutes the rights of the individual in civil and political society. The third column (articles 18-21) is concerned with spiritual, public and political freedoms such as freedom of religion and freedom of association. The fourth column (articles 22-27) sets out social, economic and cultural rights. In Cassin's model, the last three articles of the Declaration provide the pediment which binds the structure together. These articles are concerned with the duty of the individual to society and the prohibition of use of rights in contravention of the purposes of the United Nations.^[5]

Subsequent Drafting

The Cassin draft was submitted to the Commission on Human Rights and was to undergo editing in the Commission, then in further drafts considered by the Third Committee of the United Nations, and finally in a draft before the General Assembly of the United Nations, which ultimately adopted the Declaration on 10 December 1948. The vote for the declaration was 48 to 0 with eight abstentions: the Union of Soviet Socialist Republics, Ukrainian Soviet Socialist Republic, Byelorussian Soviet Socialist Republic, Socialist Federal Republic of Yugoslavia, People's Republic of Poland, Union of South Africa and Kingdom of Saudi Arabia^[6].

UDHR Timeline

Source: United Nations Year Book 1948-1949, pp 524 et seq

1945

• United Nations Conference on International Organization, San Francisco

1946

• 15 February, Establishment of "Nuclear Committee" of Commission on Human Rights.
• 29 April - 20 May 1946 - First Meeting of the Nuclear Committee.
• 21 June 1946 - ECOSOC adopts terms of reference of permanent Commission on Human Rights

1947

• 27 January - 10 February - First Meeting of the Commission on Human Rights, Lake Success, New York. Drafting Committee established.
• 9 June - 25 June - First Meeting of the Drafting Committee, Lake Success, New York. Draft outline of an International Bill of Human Rights prepared by the UN Secretariat ("the Humphrey Draft"). Drafting Committee splits work into two documents: preparation of a declaration of human rights and a working paper on a draft international convention on human rights.
• 2 December - 17 December - Second Session of the Commission on Human Rights, Geneva. Commission begins to consider work on three projects: a declaration on human rights, and international convention on human rights and measures for implementation and enforcement

1948

• 3 May - 21 May, Second Session of the Drafting Committee, Lake Success, New York.
• 24 May - 18 June, Third Session of the Commission on Human Rights, Lake Success, New York. Commission adopts a draft Declaration and transmits it to the Economic and Social Council.
• 26 August, Economic and Social Council transmits draft to the General Assembly.
• 30 September - 7 December, Third Committee of General Assembly spends 81 meetings considering the Declaration. 168 resolutions for amendments to the draft, submitted and considered.
• 1–4 December, Sub-committee of Third Committee charged with cross checking 5 official language versions.
• 10 December, Universal Declaration of Human Rights adopted by the United Nations General Assembly

Further reading

• Johannes Morsink, "The Universal Declaration of Human Rights: Origins, Drafting & Intent" (Philadelphia: University of Pennsylvania Press, 1999).
• Mary Ann Glendon, "A World Made New: Eleanor Roosevelt and the Universal Declaration of Human Rights, Random House New York, 2001
• Universal Declaration of Human Rights pages at Columbia University (Centre for the Study of Human Rights), including article by article commentary, video interviews, discussion of meaning, drafting and history.
• John Nurser, "For All Peoples and All Nations. Christian Churches and Human Rights.". (Geneva: WCC Publications, 2005).

Notes and references

1. ^ The Declaration was drafted during the Chinese Civil War. P.C. Chang was appointed as a representative by the Republic of China, then the recognised government of China, but which was driven from mainland China and now administers only Taiwan and nearby islands.
2. ^ Morsink, p 4
3. ^ Johannes Morsink, The Universal Declaration of Human Rights, University of Pennsylvania Press, p 5
4. ^ Glendon, pp 62-64
5. ^ Mary Ann Glendon, A World Made New: Eleanor Roosevelt and the Universal Declaration of Human Rights, Chapter 10
6. ^ http://ccnmtl.columbia.edu/projects/mmt/udhr/udhr_general/drafting_history_10.html

External links

• Text of the UDHR (English)
• Official translations of the UDHR
• UDHR Facebook page
• Librivox: Human-read audio recordings in several Languages

Audio-visual Materials

• Video interview with Mary Ann Glendon author of "A World Made New: Eleanor Roosevelt and the Universal Declaration of Human Rights" on the drafting of the Declaration.
• Text, Audio, and Video excerpt of Eleanor Roosevelt's Address to the United Nations on the Universal Declaration of Human Rights
• Animated presentation of the Universal Declaration of Human Rights by Amnesty International, from Youtube (English, 20 minutes and 23 seconds)
• Audio: Statement by Charles Malik as Representative of Lebanon to the Third Committee of the UN General Assembly on the Universal Declaration, 6 November 1948.
• UN Department of Public Information introduction to the drafters of the Declaration.
• UN video archives of speeches on adoption of the Declaration.