Editor note: To commemorate the 75th anniversary of the Universal Declaration of Human Rights, China Society for Human Rights Studies held a seminar on December 4 in Beijing. Over 70 experts and scholars discussed the spirit and significance of the declaration, China's concept of human rights and safeguarding them, as well as the new human rights protection issues in the digital age. Here's a speech at the seminar.
Why the Universal Declaration of Human Rights Matters
Liu Huawen
This year marks the 75th anniversary of the Universal Declaration of Human Rights (UDHR) adopted by the United Nations General Assembly. At the end of last year, the United Nations (UN) launched the Human Rights 75 Initiative, which will last for more than one year, to commemorate its 75th anniversary, calling on the world to attach more importance to and better promote human rights. The UDHR is the most important international instrument in international human rights law and is the foundation of the core human rights treaties of the UN and other important human rights documents. It has even been cited or recognized by the constitutions and laws of many countries. And it has been translated into upwards of 500 languages, having set a new world record.
I. As Part of the International Bill of Human Rights, It Embodies the Aspiration, Purpose and Objectives of the UN Charter.
The UN was established following a profound review of the scourge of war, which has twice brought untold sorrow to mankind. The UN Charter emphasizes the basic objectives of collectively guaranteeing security, promoting economic development and social progress, and respecting and promoting human rights.
Since the dawn of the new century, peace, development, and human rights have been officially regarded as the three pillars of UN reform and development. In particular, the UN established the Human Rights Council in 2006, and the process of mainstreaming human rights has been rapidly advanced at the UN and in the international community.
For 75 years, the UDHR, together with the International Covenant on Economic, Social and Cultural Rights (ICESCR) and the International Covenant on Civil and Political Rights (ICCPR), has been collectively referred to as the “International Bill of Human Rights”. It is a symbolic document and “general charter” of global human rights governance under the framework of the UN.
II. As a Universal and Comprehensive International Human Rights Instrument, It Embodies the Wholeness and Integrity of Human Rights.
Traditionally, international law was not really “international” in nature, but rather was referred to the rules applied by a few Western countries. International law was not truly universal until after the establishment of the UN. The UDHR applies to all countries, big or small, strong or weak, rich or poor.
The concept and classification of human rights vary from person to person because different countries and people have different concerns. The UDHR cuts across ideological divisions, stressing that human rights are based on the human personality and dignity, and that “all people” are equal and treat each other in a “spirit of brotherhood” under human rights. It comprehensively and systematically summarizes human rights as basic rights as well as their principal aspects and contents, having regard to the civil and political rights emphasized by Western countries and the economic, social, and cultural rights of concern to Eastern countries.
Under the UDHR, all human rights constitute an indivisible organic whole, all countries and their peoples are equal, no one should be left behind, and all countries should adopt a systematic approach for the across-the-board promotion and realization of human rights.
III. As a Pioneering and Basic International Human Rights Instrument, It Embodies the Inclusiveness and Diversity of Human Rights.
Since its establishment, the UN has regarded the formulation of a comprehensive international human rights instrument as a key priority of its agenda. It is a basic project and the No. 1 project for implementing the UN Charter. When it was impossible to formulate a legally binding universal “international conventions on human rights” in the short term, and when the goal of establishing an international human rights court with universal jurisdiction was unattainable, the early member states of the UN had the wisdom and a practical mind to formulate a formally non-legally binding declarative document and strive to hold high the global banner of protecting human rights as soon as possible.
Both Western countries such as the United Kingdom and the United States, and Eastern countries such as China, and other developing countries in Asia, Africa, and Latin America, especially those that suffered terribly during world wars, actively participated in the drafting of the UDHR. Delegates from the East and the West, with their different ethnic and religious backgrounds, and influenced by different histories, cultures, and traditions, worked together to craft this historic document. The American Declaration of the Rights and Duties of Man, the first in the Americas, provides direct experience for the regional versions.
Zhang Pengchun, representing China, directly participated in the drafting and served as the vice chairman of the drafting committee. He resolved and bridged differences by dint of his wisdom and knowledge, and integrated the ideas of excellent Chinese culture into the UDHR, which won him praise from the international community. China’s contribution to the drafting of the UDHR is a much-told tale in the history of international human rights law.
IV. As the Earliest and Most Comprehensive UN International Human Rights Instrument, It Embodies the Forward-looking and Leading Nature of Human Rights.
According to the UN Charter, a declaration comes before a convention, and general terms come before specific ones. The UN human rights system is laid out in the Charter, while the UDHR lays the foundation and establishes the framework. It is dozens of years in the making, comprising the core human rights treaties successively adopted, including the ICESCR, the ICCPR, the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD), the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT), the Convention on the Rights of the Child (CRC), and the Convention on the Rights of Persons with Disabilities (CRPD), supported by specific principles and rules. As the institutional system of human rights is improved, the UN has successively established human rights institutions based on the UN Charter and human rights treaties. As a result of the establishment of institutions that play a role, universal international human rights law under the framework of the UN evolved from a static system to a dynamic, operational mechanism that moves with the times.
The Human Rights Council is currently the most important platform established based on the UN Charter for human rights dialogue and review. The human rights treaty body system established based on the UN human rights treaties focuses on and promotes the domestic and international implementation of relevant human rights standards, while the Office of the High Commissioner for Human Rights is responsible for coordinating and serving the UN human rights mechanisms, and promoting the popularization of human rights knowledge and capacity building worldwide.
The UDHR is the foundation, forerunner, and reference for all UN human rights treaties and even a whole raft of regional human rights treaties, serving as a guide for the work of all human rights bodies, particularly those of the UN.
V. As the Most High-profile and Representative International Human Rights Instrument, It Embodies the Cohesive Force and Driving Force of Human Rights Values.
General Secretary Xi Jinping said that human rights are a symbol of the progress of human civilization. The UDHR is the first multilateral international human rights instrument formulated and adopted by the UN at a time when contemporary international relations took form. It marks a breakthrough in the international protection of human rights and a milestone in law-making by international organizations in the history of international law. It is also the cornerstone of international human rights law.
From a juridical standpoint, the UDHR, adopted as a resolution by the United Nations General Assembly, is not legally binding per se. It does not require ratification by the states, as treaties do, and does not require a dedicated international monitoring and enforcement mechanism to guarantee its implementation. As far as international law is concerned, “less is more”. It is because of its soft-law nature that it enjoys widespread and universal support and advocacy. For decades, many of the UDHR’s provisions on the prohibition of slavery and torture are deemed to constitute or reflect customary international law and are legally binding, and even constitute peremptory norms, with priority effect.
The UDHR is strong not for the material resources it provides or how much coercive power guarantee it has, but for its vitality, widespread influence and an enduring appeal because it represents the ideals and goals of all mankind.
While pursuing peace, development, and human rights, all countries and peoples are united and move towards progress in line with the trend of history and the times. The UDHR is the fount and foundation of contemporary international human rights law, and is the banner and classic of human rights values in international law.
As we celebrate the 75th anniversary of the UDHR, we believe that the global cause of human rights will move forward under the guidance of the spirit of the declaration.
(The author is the executive director of the Center for Human Rights Studies of Chinese Academy of Social Sciences (CHRS) and a contract research fellow at the Research Center for Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era, CASS.)
