This seminar focuses on the Universal Declaration of Human Rights. (UDHR).
The 8 paragraphs of the Preamble are presented as 8 separate headings.
A heading is devoted to each article. A line of asterisks is used to show where the included text from the UDHR ends.
For handy references, intuitively apparent prefixes have been added to the title of each heading.
Under each heading, comments regarding similar or related dissimilar aspects of other rights documents are made. In addition to these comments, related phrases in the United States Constitution are cross referenced as appropriate.
These comments and cross references are not exhaustive. Mostly they are to pique interest and help get you started.
You have both documents on line. You have leading comments. You have a powerful tool called The CONSTITUTION Notebook Program. Now get busy and perform the first and most essential step to preserving your rights: KNOW them! Universal Declaration of Human Rights (1948)
Preamble
Whereas recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world,
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WHO must recognize "the inherent dignity and . . . the equal and inalienable rights of all . . ." five billion or so "members of the human family . . ."?
The five billion or so members of the human family. Whereas disregard and contempt for human rights have resulted in barbarous acts which have outraged the conscience of mankind, and the advent of a world in which human beings shall enjoy freedom of speech and belief and freedom from fear and want has been proclaimed as the highest aspiration of the common people,
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Compare part [b] of the Preamble from the FBOR to the text preceding the first comma in this paragraph from the UDHR.
Note positive freedom, "freedom OF (emphasis added) speech and belief".
Note negative freedom "freedom FROM (emphasis added) fear and want".
Who proclaimed these as "the highest aspirations of the common people"? Refer to FDR's four freedoms speech, January, 1941. Whereas it is essential, if man is not to be compelled to have recourse, as a last resort, to rebellion against tyranny and oppression, that human rights should be protected by the rule of law,
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Absence of rebellion is one definition of peace, a stated aim of this document. Lawful protection of human rights is proposed as a necessary condition to prevent rebellion. If the history surrounding the Declaration of Independence is any indication, it might work. Whereas it is essential to promote the development of friendly relations between nations,
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The Declaration of Independence asserted the colonists' right (or power) to declare war and conclude peace. The Constitution of the United States provided for both. The UDHR here emphasizes peace. Whereas the peoples of the United Nations have in the Charter reaffirmed their faith in fundamental human rights, in the dignity and worth of the human person and in the equal rights of men and women and have determined to promote social progress and better standards of life in larger freedom,
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Contrast "We the People" in the US Constitution to "the peoples of the United Nations" herein.
The peoples' FAITH in rights alluded to here deserves some attention.
Can rights be placed on a scale to determine their weight?
Can rights be held next to a ruler in order to determine their length?
Can rights be compared to a rainbow to determine their color?
The answer to each of these questions clearly being no, rights definitely fall in the category of things unseen. Truly, they must be believed in. Whether or not having faith in rights can ever make them real, if they are not believed in, that will surely prevent them from ever becoming real.
Dignity was mentioned previously in [P1]. Worth of the human person (compare "member of the human family") is added here, along with the idea of gender neutrality. How gender neutral is the United States Constitution? See the 19th amendment.
Compare the very large ends listed here, namely, "promote social progress and better standards of life in larger freedom" to the objective that the FBOR laid out for itself in the Preamble parts [d], [e], and [f]. Whereas Member States have pledged themselves to achieve, in co-operation with the United Nations, the promotion of universal respect for and observance of human rights and fundamental freedoms,
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Compare "universal respect" to the comments made under [P1].
Note reference to "Member States" in this paragraph of the UDHR sets it apart from the other rights documents included with the TCN program in that each of the others pertained only to the country of its origin. No intent of cooperation by other countries is explicitly expressed in any of them. Whereas a common understanding of these rights and freedoms is of the greatest importance for the full realization of this pledge,
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Compare "common understanding" in this part of the UDHR Preamble to the phrase "constantly present to all members of the body politic" in part [d] of the Preamble to the FBOR.
Also, compare to "universal respect" in [P6] of the UDHR Preamble and comments under [P1] of the UDHR in this seminar. [a] Now, therefore,
The General Assembly
Proclaims this Universal Declaration of Human Rights
[b] as a common standard of achievement for all peoples and all nations,
[c] to the end that every individual and every organ of society,
[d] keeping this Declaration constantly in mind,
[e] shall strive by teaching and education to promote respect for these rights and freedoms
[f] and by progressive measures, national and international, to secure their universal and effective recognition and observance,
[g] both among the peoples of Member States themselves and among the peoples of territories under their jurisdiction.
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The 93 words and 9 punctuation marks of this one-sentence paragraph are broken into 7 parts for discussion here. Each part starts on a new line preceded by a blank line. A lower case letter in brackets (not part of original text) is used to identify each part for reference herein.
[a] Standard lead in text for proclamation. Identifies The General Assembly as origin of proclamation. Asserts that UDHR (this document) is their instrument to accomplish their aims.
[b] The "common standard of achievement" mentioned in this part appears to be an attempt to establish an objective standard by which to measure the "social progress" aspired to in Preamble part [5]. The authors have attempted (and quite possibly succeeded) to arrive at a standard that can apply to "all peoples and nations"
[c] This part states the objective of involving "every individual and every organ of society" in the effort to achieve the as yet unstated aims of the UDHR.
Compare to the Preamble of the FBOR. Part [d] in it states a desire to include all members of the body politic (UDHR here, every individual . . . of society). Part [e] of the FBOR Preamble states a desire to include "every political institution" (UDHR here, every organ of society).
[d] Interjection in stream of thought. Compare to phrases from the Preamble of the FBOR. Part [d] "constantly present", remind . . . unceasingly".
[e] Part [c] tells "who?". This part answers the questions "will do what?" (namely, strive), "toward what ends?" (namely, promote respect . . .), and "how?" (namely, by teaching and education).
[f] Part [c] tells "who?". Part [e] tells us that "who" will "strive". This part adds to the answer "toward what ends?" stated in [e], (namely, secure . . . observance), and "how?" (namely, by measures . . and international).
[g] Comments to previous paragraphs and parts of this paragraph have alluded to the need for universal participation in the effort to achieve the aims stated in this document. This part of the proclamation acknowledges the fact that the influence of the United Nations is not universal. Better to light a single candle . . . Article 1
All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood.
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Phrases in this article resemble phrases in the Declaration of Independence and phrases from Lincoln's Gettysburg address. The "act toward each other in a spirit of brotherhood" is a religious idea or ideal not limited to any one major world religion. Can it be legislated? Is that what this document attempts to do? Article 2
Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, colour, 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.
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The "equal protection" clauses in the US Constitution are similar in spirit to this article in the UDHR; however, they are not nearly as explicit and specific. Article 3
Everyone has the right to life, liberty and the security of person.
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In addition to these guarantees, the US Constitution makes certain guarantees about property that are not stated in this article of the UDHR. Private ownership of property, being a cornerstone of capitalism, the absence thereof herein lends a socialistic flavor to it (This article, not the entire UDHR. See article 17).
Keep in mind, capitalism is a form of economy. It is a set of rules by which wealth is distributed. In its purest form, individuals have the right to participate freely in the market as buyer or seller or both, while retaining the right of title to gains made by virtue of their economic activity. It has a unique relationship to government in that ideally, under it, the government participates (interferes) minimally if at all.
Under socialism and communism, the government participates (interferes) maximally. It owns or controls all produced items, distributing them as it sees fit.
The United States does quite well in its largely capitalistic economy. Other countries are doing quite well in their largely socialistic or communistic economies.
The aim of this document (the UDHR) is to function in all member countries. Therefore, it cannot favor or disfavor based on the form of economy.
It is aimed at the quality of life of the individuals in the various countries.
Recognizing as it does the right of individuals to privately own property, the Constitution falls on the Capitalistic side of the fence in matters economic. Keep in mind though that it was intended to follow through on the aims stated in the Declaration of Independence, namely to secure the people's safety and happiness. They were not splitting hairs over the abstract philosophical advantages or disadvantages of various forms of economy.
Neither does the UDHR. Article 4
No one shall be held in slavery or servitude; slavery and the slave trade shall be prohibited in all their forms.
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The United States Constitution, when written, openly recognized and enforced indenturing contracts. About the most it did to discourage outright slavery was to impose a tax (maximum $10) on the migration of slaves. According to some sources, among the American population, 50% were indentured and 20% were outright slaves at the time the Constitution was written.
The 14th amendment (ratified after the Civil War ended) proscribes "involuntary" servitude, apparently still allowing and enforcing the contracts of indentured servants. This article of the UDHR goes further than the 14th amendment. It outlaws servitude. How this might or might not work with various laws regarding contracts is a large and interesting area of study. Article 5
No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.
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The 8 Amendment in the Bill of Rights addresses cruel and unusual punishments, which would seem to fall under torture or cruel punishments in this article of the UDHR.
Inhuman and degrading is not explicitly stated in the Constitution, nor is it defined in the UDHR.
One example of inhuman degrading treatment of individuals was customary treatment of the members of the untouchable class in India. This practice was ended, not by the UDHR, but by the leadership of a remarkable individual. This example is given because it challenges the very need for the existence of rights documents.
The answer to the question of need, if any, for rights documents, is central to the individual's understanding of rights. The way you answer this question affects the way you interpret existing rights documents. TCNbP offers no answer to this question. Consider yourself challenged to provide your own answer.
HINT: You don't need the TCN program to find this answer and you don't need your computer either, though neither of these will prevent you from finding your answer. The answer is inside yourself. It's in your heart, the reason and conscience mentioned in the second sentence of Article 1 of the UDHR. Article 6
Everyone has the right to recognition everywhere as a person before the law.
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The 14th Amendment to the US Constitution provides protection of equal scope. While only persons born or naturalized are Citizens, each State is Constitutionally obligated to extend equal protection to "any person within its jurisdiction." Article 7
All are equal before the law and are entitled without any discrimination to equal protection of the law. All are entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination.
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Seems to repeat the idea in article 2 of the UDHR, "without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status." Article 8
Everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the constitution or by law.
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The US Constitution provides similar remedy in the 5th amendment. Due process begins with investigation (by the executive branch) of acts that violate Constitutional guarantees of life, liberty, or property. If anyone is deprived of these, the State is obligated to investigate the facts, apprehend suspects, and bring them to trial.
From the time the act is committed and especially after an individual is apprehended, the State is limited to due process, very detailed legal procedures, that must be carried out with great care before it can impose penalties of life, liberty or property. Article 9
No one shall be subjected to arbitrary arrest, detention or exile.
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The Declaration complained of each of these acts in different words. One example of a protection against one of these complaints, that of arbitrary arrest, is the Constitutional proscription of ex post facto laws, laws passed after an act is committed. Article 10
Everyone is entitled in full equality to a fair, and public hearing by an independent and impartial tribunal, in the determination of his rights and obligations and of any criminal charge against him.
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See the comments for UDHR article 8. Article 11
1. Everyone charged with a penal offence has the right to be presumed innocent until proved guilty according to law in a public trial at which he has had all the guarantees necessary for his defence.
2. No one shall be held guilty of any penal offence on account of any act or omission which did not constitute a penal offence, under national or international law, at the time when it was committed. Nor shall a heavier penalty be imposed than the one that was applicable at the time the penal offence was committed.
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Presumption of innocence is not explicitly stated in the US Constitution. Article 9 in the FBOR does explicitly state this presumption.
The Constitution proscribes ex post facto laws, laws against acts that are passed after they are committed. So does the 2nd paragraph of this article in the UDHR. Article 12
No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honour and reputation. Everyone has the right to the protection of the law against such interference or attacks.
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This article of the UDHR would wreak havoc upon the present observance of 1st amendment rights in the US. A careful reading of the 1st and 4th amendments reveals that individual privacy is guaranteed by the US Constitution. Congress is prevented from passing laws that interfere with freedom of the press by the 1st amendment.
Is the Constitutional proscription against free press legislation a license for "the press" to violate fellow Citizens' 4th amendment rights?
This article in the UDHR may well have been inspired by traditional journalistic practices in the United States. Article 13
1. Everyone has the right to freedom of movement and residence within the borders of each State.
2. Everyone has the right to leave any country, including his own, and to return to his country.
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Compare paragraphs [42] and [43] in the Magna Carta. Article 14
1. Everyone has the right to seek and to enjoy in other countries asylum from persecution.
2. This right may not be invoked in the case of prosecutions genuinely arising from non-political crimes or from acts contrary to the purposes and principles of the United Nations.
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The multi-country quality of the UDHR renders this article unique among the rights documents provided with the TCN program. Article 15
1. Everyone has the right to a nationality.
2. No one shall be arbitrarily deprived of his nationality nor denied the right to change his nationality.
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The multi-country quality of the UDHR renders this article unique among the rights documents provided with the TCN program. 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.
2. Marriage shall be entered into only with the free and full consent of the intending spouses.
3. The family is the natural and fundamental group unit of society and is entitled to protection by society and the State.
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Paragraphs [7] and [9] in the Magna Carta address marriage rights.
The word "effects" in the 4th amendment is as close as the Constitution comes to explicitly protecting a family. A family is somewhat an effect of an individual. 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.
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While the Constitution protects property that is owned, it does not guarantee that every one actually will own property. Neither does this article in the UDHR.
What is guaranteed is the RIGHT to own property. 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.
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Article 3 of the UDHR guarantees individual's right to "life, liberty, and security of person." Article 30 of the UDHR proscribes "any act aimed at the destruction of any of the rights and freedoms set forth herein."
Hence, one cannot claim a license to kill, for example, under the guise of (loosely quoted) "manifesting his religion in practice" in this article of the UDHR.
The way the Constitution achieves this balance regarding religion is similar to the way it handles the same question for freedom of the press. That is, in articles 4 and 5 of the Bill of Rights, guarantees are made against violations of certain things. In article 1 of the Bill of Rights, certain kinds of Congressional legislation is proscribed. The protection provided by the proscription of Congressional legislation is not a license to violate the "certain things" protected in the 4th and 5th amendment. This is true because the Constitution takes precedent over Congressional legislation as "the Supreme law of the Land".
Therefore, individuals may act to protect themselves against others who would violate their rights under any guise. Courts and juries are provided to sort out individual cases where legislation cannot be produced to cover all cases. Article 19
Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.
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Generally in sympathy with the 1st amendment, though more extensively and explicitly worded. 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.
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The first paragraph in this article is similar in intent and scope to protections provided by the 1st amendment in the Bill of Rights.
Protection from forced association (as provided by the second paragraph of this article in the UDHR) is unique among the rights documents provided with the TCN program. 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 of 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.
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Compare the first paragraph in this article of the UDHR to the articles [6] and [14] in the FBOR.
Paragraph [48] in the Magna Carta compares somewhat to paragraph 2 of this article in the UDHR. However, it only applies to specific access recently denied.
The second paragraph of this article in the UDHR guarantees equal access to all services of government, whether or not ever previously denied.
One "service" of government is law. Equal protection clauses in various rights documents including the US Constitution and the FBOR are also somewhat similar to the second paragraph in this article of the UDHR. See paragraph [40] in the Magna Carta, indexed phrases in the US Constitution, and the 3rd sentence in article 6 of the FBOR.
Compare the 3rd paragraph in this article of the UDHR to the first sentence of article 6 in the FBOR. Also compare the phrase "consent of the governed" in the first sentence of the second paragraph of the Declaration of Independence.
Amendment 19 in the US Constitution provides for universal suffrage. Article 22
Everyone, as a member of society, has the right to social security and is entitled to realization, through national effort and international co-operation and in accordance with the organization and resources of each State, of the economic, social and cultural rights indispensable for his dignity and the free development of his personality.
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What is a right? A right is an activity which the state cannot punish. It is an activity which, in many cases, the state must protect. This article refers to economic, social and cultural activities that cannot be punished by the state and which in fact must be protected by the state. The activities so protected are those indispensable to individual dignity and free development of individual personality. Note unfortunate use of gender specific personal pronoun "his" in this context. Also, note injection of psychology into legal discourse by use of word personality. Article 23
1. Everyone has the right to work, to free choice of employment, to just and favourable conditions of work and to protection against unemployment.
2. Everyone, without any discrimination, has the right to equal pay for equal work.
3. Everyone who works has the right to just and favourable remuneration ensuring for himself and his family an existence worthy of human dignity, and supplemented, if necessary, by other means of social protection.
4. Everyone has the right to form and to join trade unions for the protection of his interests.
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The first paragraph of this article sounds good; however, certain physical and logistical implications related to the planet Earth's finite space and energy resources and finite environmental tolerance for the products and the by-products of industry may render this aim a practical physical impossibility.
The second paragraph of this article is more within the bounds of legislative feasibility.
The third paragraph, being subject to the whims of market, is not as dependably legislated as the second paragraph.
Compare the fourth paragraph of this article in the UDHR to Article 2 of the FBOR.
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Another way to approach this article of the UDHR is related to an estimated cost of $40,000 to create a single job. This is a figure arrived at in the 1960's by the US government. If this figure is any indication, multiply the number of unemployed individuals worldwide by $40,000 and compare the result to the combined gross national product of all nations.
TCNbP Company has not performed this calculation. However, it estimates that several centuries would pass before this cost could be absorbed. If this is true, then total compliance before the end of this millennia is not possible. If total compliance is not possible, then how does one determine acceptable compliance?
Ok, so everybody has a right to work. Does this mean that everyone can or will work? How will it be possible to allow everyone to work without resorting to forced associations? Note that the UDHR proscribes forced associations in article 20, paragraph 2.
Clearly, the high aims of this article have what are insurmountable practical problems. At least problems that cannot be dealt with by any words written on any piece of paper. If these problems are to be surmounted, they will be overcome by the 5 billion or so members of the human family coming to their senses and treating each other in the way advocated by the UDHR.
Such treatment cannot be legislated or enforced from a central body, not even the United Nations. (Can it?!!!) Again, this article places the UDHR in the category of "constant reminder", very similar to the FBOR. Article 24
Everyone has the right to rest and leisure, including reasonable limitation of working hours and periodic holidays with pay.
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OK, so everyone has this right. How does one manage the necessary productive efforts of a society while observing these rights? How valuable is rest and leisure when there are not enough goods and services to go around? Yes, this article sounds good. Can the benefits of technology be applied to achieve this level of productivity? Clearly, practical problems not subject to purely legislative solutions are related to this aim of the UDHR. Article 25
1. Everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control.
2. Motherhood and childhood are entitled to special care and assistance. All children, whether born in or out of wedlock, shall enjoy the same social protection.
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Practical physical and logistical situations may preclude the universal achievement of the aim stated in paragraph 1 of this article in the UDHR.
The aim stated in the second paragraph of this article of the UDHR is also a worthy and noble aim. As world population rapidly approaches what may well be an absolute limit, long standing, time-honored traditional attitudes regarding procreation may have to be suddenly and radically altered if the human race is to survive, much less enjoy the observance of these "protected rights". Article 26
1. Everyone has the right to education. Education shall be free, at least in the elementary and fundamental stages. Elementary education shall be compulsory. Technical and professional education shall be made generally available and higher education shall be equally accessible to all on the basis of merit.
2. Education shall be directed to the full development of the human personality and to the strengthening of respect for human rights and fundamental freedoms. It shall promote understanding, tolerance and friendship among all nations, racial or religious groups, and shall further the activities of the United Nations for the maintenance of peace.
3. Parents have a prior right to choose the kind of education that shall be given to their children.
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Compare "full development of the human personality" in the second paragraph of this article in the UDHR to "pursuit of happiness" in the Declaration of Independence.
Amendment 4 in the Bill of Rights, by virtue of the word "effects", a child being an effect, is as close as the US Constitution comes to guaranteeing this prior right of parents regarding their children. Article 27
1. Everyone has the right freely to participate in the cultural life of the community, to enjoy the arts and to share in scientific advancement and its benefits.
2. Everyone has the right to the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he is the author.
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This article of the UDHR is very interesting when compared to copyright phrases in the Constitution.
The Constitution states that "promotion of the useful arts and sciences" as the reason for granting copyrights and patents. However, in the name of commerce or capitalism, nuisance patents have been allowed to actively interfere with progress in science. The phrase guaranteeing the right "to share in scientific advancement and its benefits." would appear to render such practices illegal.
The exclusive rights granted by patents and copyrights under the Constitution are replaced here with the protection of moral and material interests. Whether the UDHR is observed in the US is not known here at TCNbP Company. These comments about this article in the UDHR are not to be construed as legal advice. They are presented to call attention to possible progress made in other documents pertaining to matters addressed by the US Constitution. Article 28
Everyone is entitled to a social and international order in which the rights and freedoms set forth in this Declaration can be fully realized.
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OK, so this document declares the order it describes here as a right. By what power or methods can it hope to bring about such order? Maybe stating it and making people aware of it is as much as can be done. Hopefully, maybe it is as much as needs to be done. Article 29
1. Everyone has duties to the community in which alone the free and full development of his personality is possible.
2. In the exercise of his rights and freedoms, everyone shall be subject only to such limitations as are determined by law solely for the purpose of securing due recognition and respect for the rights and freedoms of others and of meeting the just requirements of morality, public order and the general welfare in a democratic society.
3. These rights and freedoms may in no case be exercised contrary to the purposes and principles of the United Nations.
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The FBOR associates duties with rights in the Preamble part [d] as does the first paragraph of this article in the UDHR.
The second paragraph of this article in the UDHR resembles article 4 of the FBOR.
The aim of the third paragraph in this article of the UDHR may be better served by article 30 of the UDHR. This paragraph is ambiguous about what has priority, the rights of individuals or the aims of the UN. There is a conceptual weakness in this expression of what may well be a valid intent. Article 30
Nothing in this Declaration may be interpreted as implying for any State, group or person any right to engage in any activity or to perform any act aimed at the destruction of any of the rights and freedoms set forth herein.
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All in all, unique to UDHR. Appears to somewhat resemble The Golden Rule. SUMMARY
The UDHR is a declaration, not a constitution. It is similar in this respect to the FBOR and the Declaration of Independence.
As a declaration, it declares aims. It does not define organizations or procedures. The organization of the United Nations is apparently described in another document. Its charter comes to mind.
No matter how many ways this document may fail or fall short, and no matter how many other ways it may fulfill or succeed, whatever else it does, it affirms the existence of a shared hope for a better world.
From this hope spring all the rights documents provided with the TCN program.
This hope is the source of the rights documents. Not the other way 'round.
This hope springs forth from the heart of the individual. And the words that express this hope pour forth onto the pages of many historical documents, including the rights documents included with the TCN program.
If the age of these rights documents is any indication, this hope has been around a long time.
Here's hoping that it stays around a lot longer.
And here's hoping that it may one day be fulfilled.
