Universal Declaration of Human Rights (1948): 30 Articles - 30 Documents: Exhibit for the 70th Anniversary

Article 6 of the UDHR states that “Everyone has the right to recognition everywhere as a person before the law”, regardless of whether they are citizens or immigrants, students or tourists, workers or refugees, or any other group.

The Declaration recognizes the human rights of individuals who are not nationals of the country in which they live and recognizes the need to expand the guarantee of human rights specifically to persons who live in countries without having citizenship. Today there are more than 250 million international migrants worldwide (UN International Migration Report, 2017), and there are concerns about the significant gaps between the rights of citizens and non-citizens in many countries.

Consequently, the Declaration which was adopted by General Assembly resolution 40/144 of 13 December 1985 is especially noteworthy. The document contains 10 articles, which include the definition of a lawful “alien” and determine the requirement of States to make their own national legislation and regulations about aliens accessible to the public.

UN Photo/Cia Pak, #650952

In 2016 the United Nations Human Rights Council established the mandate of the ‘Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity’ (A/HRC/32/L.2/Rev.1). The mandate is based on the principle of Article 7 that everyone is entitled to live free from discrimination, and it recognizes that discriminating acts are often committed against individual persons, specific groups, or communities that differ from a particular norm.

The Independent Expert examines human rights through the lens of sexual orientation and gender identity. Victor Madrigal-Borloz was appointed Independent Expert in 2017, and his 2018 report addresses root causes, entrenched stigma, and prejudice that contribute to the criminalization of same-sex activities and gender identity expressions. Moreover, it supports States with implementing counter-measures that advocate equality before the law and protect this group against violations. The mandate of the Independent Expert aims to make discrimination against lesbian, gay, bisexual, transgender, and gender non-conforming persons more visible and to promote the idea that the “ultimate objective of the community of nations is the recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family”.

UN Photo/Rick Bajornas, #662747

When 171 nations and 800 NGOs met in Vienna, Austria for the World Conference of Human Rights on 25 June 1993, it became the largest gathering on human rights ever held. For the first time since the Cold War ended, the international community came together to renew their commitment to the UDHR and take new steps to its realization.

After a long process of review the famous outcome document, the “Vienna Declaration and Programme of Action”, was adopted unanimously. The document replaced the old Cold War concept that human rights were politically and socially contingent and separable with the new idea that human rights are “indivisible and interdependent and interrelated” and must be treated globally. The Declaration encourages international cooperation and promotes practical measures on the national level. In terms of legal justice, Paragraph 27, Part I explicitly addresses the right to an effective judiciary and the State’s duty to “provide an effective framework of remedies to redress human rights grievances or violations”. The Declaration calls for a strong and independent administration of justice with just law enforcement and prosecution agencies, skilled legal professions and an independent court system.

UN Photo, #319248

As a major international human rights treaty, the International Covenant on Civil and Political Rights provides a range of civil and political protections. To help countries interpret the 53 articles of the treaty, the Human Rights Committee publishes General Comments at regular intervals. These Comments interpret the text of the treaty and give clarification to States regarding their reporting obligations to the Committee. In addition, the Committee uses the General Comments to make recommendations to countries concerning certain topics or issues and provides guidance on implementing the codified rights of the treaty into national legislation.

General Comment No. 35 addresses the ban on arbitrary detention and defines liberty and security of persons. It specifies the State’s responsibility to limit its powers and to have clear guidelines when making arrests or placing a person in detention. It also provides State parties with specific information about safeguards and how to effectively control government entities. It aims to encourage compliance on the national level and to protect all humans from arbitrary arrest, detention, or exile.

UN Photo/Eric Kanalstein, #461667

The “Principles and Guidelines on Access to Legal Aid in Criminal Justice Systems” is a key document that addresses the complex matter of legal aid on an international level. Adopted in 2012 jointly by the Economic and Social Council and General Assembly, they extend human rights specifically to persons who lack the financial means to pay for their own legal representation.

The document is considered ground-breaking because it has moved the subject of legal aid from the country level towards an international framework that provides Member States with a basis for a legal aid system in criminal justice. By encouraging States to provide effective legal assistance regardless of a person’s means, the charge, the penalty, or complexity of the case, the Principles strengthen access to legal aid for everyone. “Legal aid is an essential element of a fair, humane and efficient criminal justice system”, and the establishment of international standards safeguards the right to a fair and public hearing regardless of a person’s background or financial means.

UN Photo/Rick Bajornas, #697691

Article 11 requires that each person has access to a fair trial, which includes adequate legal protections and the right to a lawyer. Lawyers, therefore, must be able to perform their professional functions freely, independently, and effectively.

The “Basic Principles on the Role of Lawyers” was adopted in 1990 by consensus at the Eighth United Nations Congress on the Prevention of Crime and the Treatment of Offenders in Havana, Cuba, and was endorsed by the General Assembly (A/RES/45/166) in the same year. The Conference recommended that these principles be implemented as legal safeguards on both a national and regional level.

This common set of legislative standards was written to ensure the appropriate role of lawyers and codes of professional conduct. Of the 29 Principles, eight focus on access to lawyers and legal services provided to defendants on trial.

The “Role of Lawyers”, “Basic Principles on the Independence of the Judiciary” (1985), and “Guidelines on the Role of Prosecutors” (1990) are three documents adopted by the UN that provide a layer of legal protection to individuals to the present day, although full implementation at the national level worldwide has not yet been achieved.

UN Photo/EA, #366398