JUSTICE
THE HONG KONG SECTION OF THE INTERNATIONAL
COMMISSION OF JURISTS
FIFTY YEARS OF THE UNIVERSAL DECLARATION
-
THE BASIC LESSON
The Hon Justice Michael Kirby AC CMG
1
The fiftieth anniversary of the adoption
of the Universal Declaration of Human Rights
is upon us. We can reflect upon the extraordinary achievements
which have been made in the intervening half century
- the success as well as the failures.
Mrs Eleanor Roosevelt and her intrepid
colleagues, who assumed the ambitious task of drafting
and proposing the Universal Declaration to
the General Assembly of the United Nations, expressed
the hope that the document might become a kind of
Magna Carta for humanity. Yet in the bleak atmosphere
of the Cold War, their optimism was muted. Their celebrations
were rather short lived.
However, in such a relatively short space
of time, this little instrument has had an enormous
impact on the imagination of humanity. Contrary to some
uninformed suggestions, a study of the debates within
the United Nations Committee, working on the final text,
reveals the profound impact which the delegates from
what we would now call developing countries of the Third
World had upon its text. Although in those days they
were fewer in number in the United Nations than they
are today, the voices of people of different social,
ethical, religious and political traditions played an
enormous part in securing the final text and structure
of the document as it now appears. In particular, the
delegates from the developing and socialist countries
played a pivotal role, in alliance with Mrs Roosevelt,
in ensuring that the Universal Declaration
embraced not only the civil and political aspects of
human rights (found in the traditional statements in
the Western Hemisphere) but also the economic, social
and cultural rights to which other traditions attach
so much importance. For Mrs Roosevelt, these were important
because of the programme which her husband, the late
President F D Roosevelt, had advocated in the United
States during the Great Depression. In adversity people
discover true priorities.
So here was a universal document. But
it might have withered on the vine had it not been for
the energy and enthusiasm of the many successive advocates
within and outside the United Nations. They pushed forward
the attempt to translate the noble ideas of the
Universal Declaration into binding statements of
international law. The result at the end of the century
is a great network of national constitutions, regional
conventions, commissions and courts and international
treaties, and treaty bodies, which today provide the
global machinery of human rights protection.
This machinery has, in turn, called forth
the activities of important civil society organisations
of free people. Bodies such as the International Commission
of Jurists, Amnesty International, the Human Rights
Initiative of the International Bar Association and
Human Rights Watch stimulate, irritate and advocate
the causes of human rights. Whenever they can interrupt
the unrelenting diet of propaganda and trivial entertainment,
they try to capture the attention of the global media.
They put a spotlight on the worst abuses of human rights.
Science and technology have thus come to the aid of
human rights promotion for, truly, we are now all part
of a global village.
The idea inherent in the Charter
of the United Nations is even more clear today
than it was after the Second World War. Abuses of human
rights anywhere represent, potentially, a danger to
international, regional and domestic peace and security.
It is in this sense that human rights legitimately now
engages the attention of international law and has rendered
the individual a proper subject of international law,
as was never previously conceived to be possible.
It is in the nature of human beings ever
to be questing for new horizons. This is a lesson which
Dag Hammarskjõld taught when he was Secretary-General
of the United Nations. There is always a new horizon
to enlightenment. It beckons us to appreciate new implications
in established principles of human rights, as well as
to see the need for new principles addressing completely
new challenges.
Within the past year, the United Nations
Educational, Scientific and Cultural Organisation (UNESCO)
has adopted a new Universal Declaration - the Universal
Declaration on the Human Genome and Human Rights.
That document addresses challenges to the human rights
of our species presented by advances in human biology
and genetics. Than can be few more important issues
for "human rights" in the coming millennium
than a reflection upon who will be the "humans"
of future ages to whom fundamental "rights"
belong. How will the precious diversity of humanity
be preserved, and human dignity respected, in a context
in which science and technology may potentially alter
the genes of an individual and those of that individual's
progeny?
There are many other challenges to human
rights which could not be addressed, or were not even
imagined, in 1948. These include the challenges presented
by the dangers of the proliferation of nuclear and other
weapons of mass destruction. Of great importance are
the challenges presented by informatics and the development
of cyberspace with the growth of the Internet. Science
and technology overwhelmingly bring advantages to humanity.
But lawyers and human rights advocates must be as imaginative
and energetic in addressing the challenges as are the
scientists and technologists in pushing forward the
boundaries of human knowledge.
New insights into old problems constantly
arise: sometimes by unexpected developments not foreshadowed
in 1948; sometimes by perceptions of old issues which
we can now see afresh. Thus the advent of HIV/AIDS has
produced many difficult and unpredicted problems for
preserving respect for human rights in a context of
effective public health measures. These and other causes
(including genetic research) have also addressed attention
to discrimination against people on the basis of sexual
orientation as an aspect of human rights which was rarely,
if ever, talked of in 1948. The human dignity of people
dependent upon or using drugs of addiction may, in the
future, be seen as a human rights issue. The human rights
of women and of children - often disempowered by society
and its laws - demand fresh attention and resolute action.
As we reflect upon the advances we have made in human
rights, we should note that each new generation sees
new issues about which past generations were all to
often totally blind.
So this is the fundamental lesson of
the Universal Declaration of Human Rights.
It is not necessarily that we should be discontented:
although being so seems to be part of human nature.
But it is that we should be alert to new human rights
issues upon which the Universal Declaration
of 1948 was silent or ambiguous. Mighty achievements
have been made in fifty years. But, the struggle for
universal human rights continues. And the perception
of what are universal human rights continues
to expand as the frontiers of freedom and knowledge
are pushed forward by the unquenchable thirst of human
beings to defend, uphold and advance their dignity and
basic rights.
| 1 |
Formerly President of the International Commission
of Jurists. One-time Special Representative of
the Secretary-General for Human Rights in Cambodia.
Member of the UNECO International Bioethics Committee.
Justice of the High Court of Australia. |