GEN211: Ethics and Human Rights

Lecture 6

Universal Declaration of Human Rights

GEN211_Lecture 6 2

Outline

• UN Commission on Human Rights

• Adoption of the Universal Declaration of Human Rights.

• Abstentions and their reasons.

• The Cairo Declaration of Human Rights in Islam.

GEN211_Lecture 6 3

Commission on Human Rights• The Commission on Human Rights, a standing body of

the United Nations, was formed to prepare what was initially conceived as an International Bill of Rights.

• The Commission at that time was comprised of

representatives of the following countries:– Australia, Belgium, Byelorussian Soviet Socialist

Republic, Chile, China*, Cuba, Egypt, France, India, Iran, Lebanon, Panama, Philippines, United Kingdom, United States, Soviet Union, Uruguay and Yugoslavia

GEN211_Lecture 6 4

John Peters Humphrey: Professor at

McGill University, Canada • He was appointed In 1946 in the United Nations

Secretariat.• He was a principal drafter of the Universal Declaration

of Human Rights. • Professor Humphrey, after consulting with the executive

group of the Commission chaired by Eleanor Roosevelt, prepared the first preliminary draft of what was to become the Universal Declaration of Human Rights.

• A second draft of the Universal Declaration was prepared by French Scholar Rene Cassin was influenced by the Code Napoleon

GEN211_Lecture 6 5

Eleanor Roosevelt

• The wife of Franklin D. Roosevelt (US president)

• Head of United Nation’s Human Rights Commission.

• She threatened President Truman her resignation if he failed to recognize the newly formed state of Israel.

• In December 1948, her drafted Human Rights Declaration was passed by the UN.

http://www.un.org/en/documents/udhr/index.shtml

GEN211_Lecture 6 6

Adoption of UDHR

• The Universal Declaration of Human Rights http://www.un.org/en/documents/udhr/index.shtmlwas adopted by the General Assembly on

10 December 1948

48 in favor,0 against,

8 abstentions:

• Eastern Block (Byelorussian SSR, Czechoslovakia, Poland, Ukrainian SSR, USSR, as well as Yugoslavia),

• South Africa and • Saudi Arabia.

56Toda

y192

GEN211_Lecture 6 7

Ethical Grounds for Abstention

1. Apartheid– South Africa

2. Communism– Byelorussian SSR– Czechoslovakia (2)– Poland– Ukrainian SSR– USSR (16+ Countries)– Yugoslavia (3)

3. Islamic Shari’a– Kingdom of Saudi

Arabia

GEN211_Lecture 6 8

1. Apartheid• South Africa

– Governance was based on apartheid; a system of legalized racial segregation under which the rights of the majority 'non-white' inhabitants of South Africa were curtailed and minority rule by white people was maintained.

– In 1990, after years of internal protests, activism

and insurgency by black South Africans and their allies discrimination was lifted as political power was passed to the African National Congress lead by Nelson Mandela who was released from prison.

– All UDHR articles disagree with apartheid, particularly articles 2, 17 and 21.

GEN211_Lecture 6 9

Article 2

• Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, color, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. Furthermore, no distinction shall be made on the basis of the political, jurisdictional or international status of the country or territory to which a person belongs, whether it be independent, trust, non-self-governing or under any other limitation of sovereignty.

GEN211_Lecture 6 10

Article 17

• (1) Everyone has the right to own property alone as well as in association with others.

• (2) No one shall be arbitrarily deprived of his property.

GEN211_Lecture 6 11

Article 21

• (1) Everyone has the right to take part in the government of his country, directly or through freely chosen representatives.

• (2) Everyone has the right to equal access to public service in his country.

• (3) The will of the people shall be the basis of the authority of government; this will shall be expressed in periodic and genuine elections which shall be by universal and equal suffrage and shall be held by secret vote or by equivalent free voting procedures.

GEN211_Lecture 6 12

2. Communism (Socialism)• Socialism is an economic and political theory (1918

– 1991) advocating public ownership and cooperative management of the means of production and allocation of resources.

• The ethical foundations of communism is in contradiction with those upon which the declaration was drawn, even though both are secular in origin.

• The following UDHR articles illustrate disagreement with socialist system of governance:– Article 18– Article 20– Article 21

GEN211_Lecture 6 13

Article 18

• Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship and observance.

GEN211_Lecture 6 14

Article 20

• (1) Everyone has the right to freedom of peaceful assembly and association.

• (2) No one may be compelled to belong to an association.

GEN211_Lecture 6 15

Article 21

• (1) Everyone has the right to take part in the government of his country, directly or through freely chosen representatives.

• (2) Everyone has the right to equal access to public service in his country.

• (3) The will of the people shall be the basis of the authority of government; this will shall be expressed in periodic and genuine elections which shall be by universal and equal suffrage and shall be held by secret vote or by equivalent free voting procedures.

GEN211_Lecture 6 16

3. Islamic Shari’a• Kingdom of Saudi Arabia’s abstention was

probably based on the fact that the state draws its legitimacy from Shari’a.

• Shari’a (the Islamic Law) is derived from two primary sources: Qur'an, and Sunna.

• Shari’a contradicts the secular foundation and perspective of UDHR.

• Articles 5, 6, 16 and 18 of UDUR present obvious contradiction to Shari’a

GEN211_Lecture 6 17

Article 5

• No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.

Hudud

GEN211_Lecture 6 18

Article 6

• Everyone has the right to recognition everywhere as a person before the law.

Orphans and Mentally Disabled?

GEN211_Lecture 6 19

Article 16

• (1) Men and women of full age, without any limitation due to race, nationality or religion, have the right to marry and to found a family. They are entitled to equal rights as to marriage, during marriage and at its dissolution.

GEN211_Lecture 6 20

Article 18

• Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship and observance.

GEN211_Lecture 6 21

The Cairo Declaration on Human Rights in Islam (CDHRI)

• is a declaration of the member states of the Organization of the Islamic Conference adopted in Cairo in 1990.http://www1.umn.edu/humanrts/instree/cairodeclaration.html

• provides an Islamic perspective on human rights, and affirms Islamic Shari’a as its sole source.

• declares its purpose to be "general guidance for Member States [of the OIC] in the Field of human rights".

• is seen as an Islamic response to the post-World War II

United Nations’ Universal Declaration of Human Rights (UDHR) of 1948.

GEN211_Lecture 6 22

• an international body of predominantly Muslim nations, • members must have permanent delegation to the United Nations,

• consists of 57 member states,

• established upon a decision of the summit which took place in Rabat, Kingdom of Morocco 25 September 1969 as a result of criminal arson of Al-Aqsa Mosque.

GEN211_Lecture 6 23

CDHRI Closure

• Article 24All the rights and freedoms stipulated in this Declaration are subject to the Islamic Shari'a.

• Article 25The Islamic Shari'a is the only source of reference for the explanation or classification of any of the articles of this Declaration.

GEN211_Lecture 6 24

U.S. ousted from U.N. Human Rights Commission

• On May 3, 2001, the United States has been voted off the U.N. Human Rights Commission in Geneva.

• This marks the first time the United States will not be represented on the commission since its inception in 1947. The commission investigates human-rights abuses around the world.

• France, Austria and Sweden were chosen for the three seats allocated to Western countries that were up for election.

• It was speculated that U.S. policies on the Middle East might have swung some countries to reject its candidacy.

http://transcripts.cnn.com/2001/US/05/03/us.human/

GEN211_Lecture 6 25