The 75th anniversary of the Human Rights Declaration: To Weep or Rejoice?

This year on the 10th of December, many will be celebrating the 75th anniversary of the Human Rights Declaration, the very day when, in 1948, the United Nations General Assembly adopted the Universal Declaration of Human Rights. Drafted by representatives with different legal and cultural backgrounds from all regions of the world, it set out to have, for the first time, fundamental human rights universally protected. Let's reaffirm our commitment to the UN Charter's emphasis on the equality and dignity of all people, which is more important than ever. It was created as a response to the ashes of World War II. The UDHR has become the cornerstone for codifying human rights at international, regional, and national levels for the past 75 years of its existence. The need for governments and institutions that listen to and include people has become clearer. Many countries took back their independence. Numerous institutions that continued to practise severe racial and gender discrimination were destroyed. Poverty was pushed back, and large strides were made in education and health. The achievement was, and remains, enormous. It’s brought nations and people together to preserve peace and security and improve lives everywhere.

In broad terms, the declaration states that: All human beings are born free and equal in dignity and rights. Everyone has the right to life, freedom and safety from harm. No one shall be a slave or suffer torture. Everyone shall have equal recognition and protection under the law and the right to a fair and public trial. Everyone is entitled to freely hold and express his or her own beliefs and opinions. Everyone has the right to participate in the political and cultural life of society and to take part in the democratic government of his or her country. Men and women of legal age have the right to marry and start a family but only with the full consent of both partners. Marriage, motherhood and all children are entitled to protection by society. Everyone is entitled to an adequate standard of living, to education, to work for a fair wage and to own property. Nations united behind this text. They understood from bitter experience that human rights are the first step in moving communities, and humanity away from conflict, inequality, and suffering.

While the text of the UDHR itself has not been changed since its adoption, there have been various developments and additions to the framework of international human rights law over the years. Some of the important developments and changes in human rights since 1948 include the adoption of the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social, and Cultural Rights (ICESCR) in 1966, the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) in 1979, and the Convention on the Rights of the Child (CRC) in 1989. The range of protections for areas like civil and political rights, economic and social rights, and the rights of particular groups like women and children have been broadened and further defined by these instruments.

With unexpectedly high temperatures from the Arctic to Australia, climate change is already having an impact on a large portion of the global population. Human health is at risk from air pollution brought on by vehicles, industries, and wildfires. Because of the unprecedented number of bee and pollinator deaths, crop production and food availability may change. Significant flooding has been occurring sporadically, as in Hawke's Bay and Auckland in January and February. What do these have in common? They represent the new frontier in human rights. The United Nations General Assembly voted overwhelmingly on July 28, 2022, to declare the ability to live in “a clean, healthy and sustainable environment” a universal human right. It also called on countries, companies and international organisations to scale up efforts to turn that into reality. This was just one of many adjustments made to the UDHR over the past 75 years.

This anniversary, like all others, is an occasion for reflection. But does the track record of the United Nations’ work on human rights make this a moment to weep or rejoice? History demonstrates that the human rights pillar has likely experienced more problems with politicisation, legitimacy, and underfunding than any other aspect of the organisation's work. At the same time, it has produced some of its most revolutionary breakthroughs that have increased global recognition and enjoyment of human rights. Weeping and rejoicing it seems. But most importantly, rekindling the 1948 spirit of renewal and perseverance. On this historic anniversary, let's reflect on all that humanity has achieved together, and all that is left to do.