THE THEORETICAL FRAMEWORK OF THE UNIVERSAL DECLARATION

OF HUMAN RIGHTS

By:

RHONIE BOATENG

Supervisor:

HELLE HJORTNÆS KRISTENSEN

(8th Semester Exam Project – 27th May 2014)

Contents CHAPTER 1 ........................................................................................................................................ 1

INTRODUCTION AND PROBLEM FORMULATION.......................................................................... 1

1.1 LIMITATIONS ........................................................................................................................ 4

CHAPTER 2 ........................................................................................................................................ 5

METHODOLOGY............................................................................................................................. 5

2.1 CRITICAL REFLECTIONS ON RELEVANCE OF PROBLEM FORMULATION .................................. 5

2.2 RESEARCH DESIGN ............................................................................................................... 5

2.3 RESEARCH PROCESS ............................................................................................................. 7

2.4 RESEARCH STRATEGY ........................................................................................................... 8

2.5 CHOICE OF EMPIRICAL DATA ................................................................................................ 9

CHAPTER 3 ...................................................................................................................................... 10

THEORY ....................................................................................................................................... 10

3.1 NATURAL RIGHTS THEORY.................................................................................................. 10

3.2 LIBERAL POLITICAL THEORY ................................................................................................ 12

CHAPTER 4 ...................................................................................................................................... 16

ANALYSIS ..................................................................................................................................... 16

CHAPTER 5 ...................................................................................................................................... 24

CONCLUSION ............................................................................................................................... 24

BIBLIOGRAPHY ................................................................................................................................ 26

APPENDIX 1 ........................................................................................................................................ i

THE UNIVERSAL DECLARATION OF HUMAN RIGHTS ........................................................................ i

1

CHAPTER 1

INTRODUCTION AND PROBLEM FORMULATION The advent of human rights to the fore front of global politics has been remarkable and

improbable. The Universal Declaration of Human Rights (UDHR), an abstract collection of

noble words has garnered a vast array of international law which is heading the supposedly

transformation of society. This transformation includes rights monitoring, compliance and

enforcement in various countries. This is because human rights are distinctively modern,

serves as a political intervention and are inherently revolutionary.1

Furthermore, the notion of human rights offer protection from capricious and tyrannical

governments as they will be constrained with the recognition of some supreme moral limits,

human rights exists beyond the determination of specific societies, thereby setting a universal

standard that can be used to judge any society. Human rights also viewed as being basic and

fundamental to human existence and as such overrule other considerations and lastly society

is afraid to deny the consequences of human rights due to its prominence in contemporary

political debate.2

Human rights are a product of a philosophical debate that has raged for over two thousand

years within the European societies and their colonial descendants. This argument has

focused on a search for moral standards of political organization and behaviour that is

independent of the contemporary society. In other words, many people have been unsatisfied

with the notion that what is right or good is simply what a particular society or ruling elite

feels is right or good at any given time. This led to a quest for enduring moral imperatives

that bind societies and their rulers over time and from place to place. Fierce debates raged

among political philosophers as these issues were argued through leading to the creation of

contemporary human rights.3

In 1215, a cornerstone of human rights came into existence when English nobles and bishops

forced the reigning king, King John to end his abuses against his subjects. The subjects

drafted a document known as the Magna Carta which the King signed and it highlighted the

importance of family, safety from abuse and the prohibition of seizing people’s properties

without due process.4

The earliest direct precursors of human rights might be found in the theory of natural right

developed by early thinkers like Saint Thomas Aquinas in his work Summa Theologica in

which he postulated that there were behaviours that were naturally right or wrong because

God has ordained it so and what was naturally right could be ascertained by humans by right

1 Goodhart 2013 p2

2 Heard 1997

3 Heard 1997

4 Reichert 2002 p37

2

reasoning. But the long-term difficulty for this train of political thought lay precisely in its

religious foundations. 5

However, during the reformation the notion of divine authority being the source of natural

rights was shaken and challenged by rationalism and political philosophers like Thomas

Hobbes and John Locke among others argued for new bases of natural rights. This is the

period known as the enlightenment period.6

These philosophers argued that our rights are as a result of the basic fact of our existence that

is, of us being human beings and not endowed on us by a higher power. Thomas Hobbes

argued that our natural rights are the liberties each person has to use his own power as he sees

fit to preserve his nature and that these rights to life and liberty were founded on the passion

of self preservation, a desire which is in our nature and can therefore not be transferred or

removed or taken away by governments.7 John Locke in his work ‘The Second Treatise of

Government’ declared that man by nature is free, equal and independent because the being of

man existed prior to the creation of society in which individuals fended for themselves and

looked after their own interests and in this state each individual had a set of natural rights

including the right to life, property and liberty8.

This idea of secular rights or rights which had its source from the being or existence of man

himself and his liberties made more sense to the people of that era due to their pre

conceptions of society, individuality, freedom, liberty and government and they are known as

Natural and Liberal Rights. 9

These conceptions laid the ground work for human rights and were called at the time the

rights of man and as they gained influence, they began to appear in political documents

known as rights declarations the most important of which are the US Declaration of

Independence (1776) and the French Declaration of the Rights of Man and of the Citizen

(1789).10

These declarations were created under the influence of the rights language during the

enlightenment era, which is, the natural rights of men which are derived from the existence or

nature of human beings themselves and not endowed by a higher divine power. These also

shows liberal democracy tendencies as they do not only set up an short term plan to achieve

political goals, but a long term plan to explain and establish what it means to be human.11

The UN Charter which set up the United Nations in June 1945 had an important reference to

human rights in its preamble which stated that "We the peoples of the United Nations are

determined to reaffirm faith in fundamental human rights, in the dignity and worth of the

5 Heard 1997 6 Heard 1997 7 Glenn 1979 pp1063-1066

8 Langlois in Goodhart 2013 p14

9 Langlois in Goodhart 2013 p12

10 Langlois in Goodhart 2013 p12

11 Langlois in Goodhart 2013 p12-13

3

human person, in the equal rights of men and women and of nations large and

small" followed up by six references throughout the UN Charter's operative provisions to

human rights and fundamental freedoms.12

After the end of the Second World War, the nature of the war and the atrocities meted out to

the Jews and other minorities during the war, led to the setting up of the Nuremberg Courts

which tried and convicted several Nazi Party members for their roles in these atrocities.13

These atrocities and subsequent trials provided the political momentum and edge which led to

the drafting and adoption of the UDHR by the UN in 194814

which consists of eight

preambles and thirty articles which fundamentally declares the rights to which all human

beings are entitled, to give effect to the UN Charter provisions.15

Today, many years after its proclamation, the former Secretary-General of the United

Nations, Kofi Annan, has called the Universal Declaration the yardstick by which we

measure human progress and Nadine Gordimer, the South African Nobel Prize winner has

described it as the essential document, the touchstone, and the creed of humanity that surely

sums up all other creeds directing human bevahavior.16

The declaration has been described as reflecting the natural rights views of human rights

which contain classical eighteenth century civil and political rights as well as having

remarkable similarities with the declarations which emerged during the enlightenment period

which were based on the natural and liberal rights conceptions of the philosophers of that

time.17

Indeed some of the most influential members of the UN Human Rights Commission

who drew up the draft of the declaration were well versed in the philosophy of the

enlightenment era and on the day that the declaration was to be adopted (10 December 1948)

delegates made many favourable comparisons between the declaration and the French

Declaration of 1789.18

Furthermore, the Enlightenment has been described as been decisive in the development of

human rights concepts. The ideas and theories of Hugo Grotius (1583-1645), one of the

fathers of modern international law, of Samuel von Pufendorf (1632-1694), and of John

Locke (1632-1704) attracted much interest in Europe in the 18th century. Locke, for instance,

developed a comprehensive concept of natural rights; his list of rights consisting of life,

liberty and property which largely influenced the French Declaration of Rights and other

subsequent rights documents.19

These arguments show that the UDHR has many similarities especially theoretically with the

rights documents which emerged in the enlightenment era based on the philosophies or

12 United Nations 2014 13 Langlois in Goodhart 2013 p15 14

Langlois in Goodhart 2013 p15 15

United Nations 2014 16

Danchin 2001 17

Morsink 1984 pp309-310 18

Morsink 1984 p311 19 Icelandic Human Rights Center

4

theories of natural rights and liberties which in this project will be assumed as forming the

theoretical framework of the UDHR and will lead to my research question:

“Why did the rights theories which emerged during the enlightenment era become the

basis of the theoretical framework of the UDHR?”

1.1 LIMITATIONS The project will be limited to the enlightenment period of the history of rights and the

theories that emerged in that period, how these theories forms the theoretical framework of

the Universal Declaration of Human Rights and why it became the basis for that theoretical

framework of the document. Any other theories, period and documents of Rights will not be

focused on as this will lead to a broad subject area.

5

CHAPTER 2 METHODOLOGY

The following section aims to illustrate the methodological approach chosen in this research

and reflections regarding the relevance of the problem formulation, use and choice of

relevant methods. Data and theory are chosen in terms of how they represent and are

relevant to the problem formulation. By reviewing the different aspects of my research, in

terms of reflections and choices, I aim to include the reader of this research paper in the

underlying processes behind the research and its execution to improve reliability, validity

and transparency.

2.1 CRITICAL REFLECTIONS ON RELEVANCE OF PROBLEM FORMULATION The narrative is to provide the reader with an insight into the theories which emerged during

the enlightenment era with regards to rights, an analysis of the UDHR to establish that indeed

these theories forms the basis of the document and conclude on why it does so.

I define Global Politics and Human Rights as an integral part of the cultural and

communicative aspects of global processes and as such the Declaration of Human Rights

which is perhaps the most recognized rights documents of the 20th

and the theoretical

framework behind it as critical in the study of human rights.

By explaining the rights theories which emerged during the enlightenment era and analysing

the UDHR document to establish the presence of these theories in its framework to prove my

assumption, it will be possible to conclude on why these theories became the basis of the

theoretical framework behind the UDHR. The document is a firsthand source valid to the

problem area and which will also function as a frame around this project.

Whereas the document provides us with some valid empirical data, we will need some

elements to put this data in perspective. The elements in focus in the project will be centred

mainly on the human rights theories from the enlightenment period and its connection with

the UDHR.

In order to understand and put these elements in focus, the reader will be provided with two

theories: Liberal Political Theory and Natural Rights Theory. The combination of these two

theories will be done with the hope of setting a theoretical framework to bring out the

necessary explanatory points and tools relevant to this project. A further explanation of these

theories will be provided in the section regarding theory.

2.2 RESEARCH DESIGN The research of the problem and the construction of the problem formulation are grounded in

empirical pondering about why the rights theories of the enlightenment era became the basis

of the theoretical framework of the UDHR.

I would conduct the research through a single case study (the theoretical framework of the

UDHR) and the research strategy of Document Analysis, to analyse the UDHR to establish

6

that indeed these theories forms the theoretical framework of the document and conclude on

why it does so.

Document analysis is a strategy that has the advantage of not having to generate data, which

in this research is beneficial since the access to conducting e.g. interviews with individuals

relevant to answering the problem formulation, is difficult. This strategy means having to rely

on data already collected and keeping in mind that bias can occur in terms of this second

hand data and opinions of researchers can influence our perception of the problem area.

The document analysis would be done in conjunction with theories and other academic

literature on the subject to provide an answer to the problem formulation in this project.

My sources of data will be predominantly periodic academic literature from databases like

historical abstract, web of science and oxford journals, as well as books by experts in the field

on the subject, a selective few internet publications and the UDHR document itself.

The Research Design Figure is shown below:

Conclusion

The result of the analysis would be presented and the problem formulation answered

Analysis

An analysis of the UDHR document and will be done in connection with chosen theories and relevant literature to establish the theoretical framework of the document and to help answer the problem formulation

Emprical Material :

The Universal Declaration of Human Rights Document

Theory

Natural Rights Theory Liberal Political Theory

Methodology - Single Case Study

Qualitative Document Analysis

Problem Area: Communicative &Cultural Aspects of Global Processes-Human Rights and Global Politics

Why did the rights theories which emerged during the enlightenment era become the basis of the theoretical framework of the UDHR?

7

2.3 RESEARCH PROCESS To research this problem formulation in extensively and provide informed conclusions to it,

the validity and reliability of the research design (single case study) must be ensured in order

to reduce bias.

Validity is the degree to which what is observed or measured is the same as what was

purported to have been observed or measured, in other words, it refers to the truth status of

research reports or of reports being accurate, correct or true.20

There are several strategies to ensure validity in a qualitative research like this which includes

triangulation, peer group debriefing/support, member checking, audit trail etc21

. However this

research paper uses the strategy of triangulation and peer group/debriefing and support to

ensure validity and reduce bias.

Triangulation involves the use of multiple sources to enhance the rigour of research and is

made up of four types namely; data, observer, methodological and theory triangulation22

. For

the purposes of this report, the focus will be theory and data triangulation.

Theory triangulation involves using multiple theories or perspective in the research report and

this report does exactly that by using the theories of Natural Rights and Liberal Political

theory to establish and explain the theoretical framework of the UDHR and why these

theories forms the basis of that framework.

The research paper will also use data triangulation which involves the use of one or more

methods of data collection to ensure validity by doing document analysis on the UDHR

which will provide the empirical data as well as secondary data/material from other sources

like academic literature, books, websites etc.

The peer group debriefing/support involves using your peers or supervisors to guard against

bias by making the research paper available to them for constructive criticisms and

suggestions.23

This research paper was made available during and after the writing process to

both to my supervisor and some classmates and they gave very important and constructive

advice, observations and recommendations which went a long way to ensure accuracy and

reduce bias.

Reliability is the extent to which a research would produce the same results if used on

different occasions with the same object of study, that is to say, in qualitative research,

reliability involves not only the researcher being honest and thorough in the research, but also

showing the reader that he has been thorough in the research to ensure the integrity of the

conclusions.24

20

Robson 2002 p170 21

Robson 2002 p174 22

Robson 2002 p174 23

Robson 2002 p175 24 Robson 2002 p176

8

To ensure that the reader trusts the conclusions established in the project, the reader is

included in the whole process by providing him/her with a comprehensive overview or

panoramic view of the steps that will be taken in the project to arrive at the conclusions.

The project begins with an introduction which gives a historical account of the problem area

and states the problem formulation and limitations to the project which aims at providing an

argument and historical basis for the problem formulation.

The methodological section which follows provides reflections on the structure of this project

and the reasons behind the problem formulation, various theory, empirical data and research

strategy choices made in this project to illustrate the methodological approach chosen in this

project.

In this project, a single case study will be performed because it will help study the case in

context and the methods of analysis used in single cases like documentary analysis and

participant observation etc helps generate an intensive detailed examination of the case.25

A case study involves development of a detailed, intensive knowledge about a single case or

a small number of cases to help put the case in context.26

Therefore by framing the theoretical

framework behind the UDHR as a single case study, the various contexts surrounding the

enlightenment theories of rights being the basis of the framework of the document and why

they became the basis will be analyzed.

This context is very important to the project as it seeks to establish that indeed these

enlightenment rights theories are or form the basis of the theoretical framework of the UDHR

and importantly why they became the basis. The Liberal Political Theory and the Natural

Rights Theory provide the theoretical framework of this research and as such they will be

explained and in the theory section and used in-depth in the analysis to establish how they

form the basis of the theoretical framework of the UDHR.

The analysis part will be focused on the analysis of the UDHR document itself (its preamble,

articles, groupings and significance) and with references to academic literature and the

chosen theories establish my assumption that these theories forms the theoretical framework

of the document and help us in answering the problem formulation. The conclusion will then

present the answer for the problem formulation of why these theories which emerged in the

enlightenment era form the basis of the UDHR.

2.4 RESEARCH STRATEGY Qualitative Documentary Analysis is a systematic procedure for reviewing or evaluating

documents to elicit meaning, gain understanding or develop empirical knowledge. It involves

finding and making sense of data contained in documents and very applicable to case studies.

The method has an advantage of providing data concerning historical events to help

25

Bryman 2012 p68 26 Robson 2002 p89

9

researches understand the specific roots and issues concerning particular phenomena as well

relying on data collected by other researchers and not to generate new ones.27

However, due to its reliance on data already generated, it should be noted that a certain

degree of bias can occur, no matter how much is done to control it and the perceptions of the

author of this project on the subject matter can be influenced by other researchers’ views.

2.5 CHOICE OF EMPIRICAL DATA Qualitative Document Analysis involves reviewing or evaluating documents to elicit

meaning, gain understanding or develop empirical knowledge with the context in which the

document was produced always serving as a yardstick.

The main source of empirical data in this project is the UDHR. The document provides a

clear framework which represents the global expression of rights to which all human beings

are entitled to.

27 Bowen 2009 pp 27-30

10

CHAPTER 3 THEORY

This chapter presents an introduction to the theories of Natural Rights and Liberalism

included in this project, why they were chosen and the link between both of them.

Natural Rights Theory and Liberal Political theory were chosen because they represent the

idea that all men have rights, which is the philosophic basis of modernity.28

These theories

are also the main rights theories which came about during the enlightenment era thereby as

well as they have influenced previous declarations on rights like the French and American

Declaration both of which have been touted as having similarities with the UDHR and as

such make them perfect in my opinion for the theoretical analysis of the UDHR.

These two theories are interconnected because the liberal political theory consists of the

freedoms and liberties human beings need (like freedom of religion or trade) in order to

ensure we fulfil our natural rights to say for example the pursuit of happiness or a happy life.

3.1 NATURAL RIGHTS THEORY The theory of natural rights which are basically moral ideas were originally derived from

natural law which in Christian civilization had to do with the moral character given by God to

his creation prior to the enlightenment period. These rights include rights which are

unalienable like the right to life, liberty, self preservation and pursuit of happiness. These

rights were considered as being endowed on man by his creator which is then protected by

governments which are instituted by men.29

However, this Christian theme gradually lost its hold and the reason of man gradually

replaced the word of God as the highest authority during the enlightenment period which led

to new theories being postulated by philosophers like Thomas Hobbes (1588-1679) John

Locke (1632-1704) and Thomas Paine (1737-1809) which sought to derive these same rights

not from God but from our basic humanity, that is, these rights are derived from the basic fact

that we are born, or that we are human and not bestowed by a higher power.30

Thomas Hobbes introduced the theory of Natural Rights in his publication ‘The Leviathan’

because he sought an improved theory on the right of nature which he describes as the liberty

each person has to use his own power as he sees fit to preserve his nature. Hobbes argued that

these rights to life and liberty were founded on the passion of self preservation, a desire

which is in our nature.31

Natural rights are seen as been a part of our nature, thereby giving us a certain level of moral

status which dictates how we should treat one another. The theory also describes rights as

inalienable, that is, they cannot be transferred or removed because if the individual gave up

all his natural rights to the control of governments and other institutions, then these

28

Glenn 1979 p1057 29

Langlois in Goodhart 2013 p13 30

Langlois in Goodhart 2013 p13 31 Glenn 2001 p1063

11

institutions can do with these rights anything they saw fit and this will lead to tyranny and

totalitarianism. But since the theory justifies protecting one’s rights from the aggressions of

others, and on the other hand exploiting others to protect your rights, which Hobbes describes

as the duality of human nature, governments should establish frameworks to modify but not

remove these rights. 32

According to Hobbes, man's life in his natural state, consisted entirely of liberties and not at

all of laws – "It follows, that in such a condition, every man has the right to everything; even

to one another's body. And therefore, as long as this natural right of every man to everything

endures, there can be no security to any man of living out the time, which Nature ordinarily

allows men to live and as such natural rights should not be confused with natural law,

because laws means obligations whilst rights refer to the absence of obligations.33

John Locke in his publication ‘The Second Treatise of Government’ declared that man by

nature is free, equal and independent and as such no one can be put out of his estate or

subjected to the political power of another without his consent. As such everyone is entitled

to live once they are born, to do everything thing they want as long as it doesn’t conflict with

the right to life and everyone is entitled to own all they create or gain through trade and gift

as long as it doesn’t conflict with the first two rights.34

Locke goes on to say that a ‘state of nature’ existed prior to the creation of society in which

individuals fended for themselves and looked after their own interests and in this state each

individual had a set of natural rights including the right to life, property and liberty which are

part of our nature because they give humans a certain moral worth or status and that when

individuals formed social groups, their main aim is to protect these rights more effectively

but they do not however renounce their rights.35

Locke further reasserts man’s natural rights by arguing that the state of nature as a state of

equality in which no one has more power over another and all are free to do as they please.

That the state that all men naturally in, is a state of perfect freedom to order their actions, and

dispose of their possessions and persons, as they think fit, within the bounds of the law of

nature, without asking leave, or depending upon the will of any other man.36

Locke however

notes that this state of liberty is not a licence dispose of others as one sees fit as we are all

equal by nature.

Natural rights therefore asserts certain rights like the right to life, property, freedom, self

preservation which are endowed on man by way of his basic nature and as such these rights

are inalienable and fundamental to all human beings by virtue of their being born regardless

of citizenship or state affiliation and this is in tune with Cranston’s definition of human rights

which states that human rights by definition is a universal moral right, something which all

32

Glenn 1979 p1066 33

Hobbes 1968 chapter 1 XV 34

Langlois in Goodhart 2013 p14 35

Messier 2011 p42 36 Messier 2011 p39

12

men everywhere at every time ought to have, something of which no man may be deprived

of, and something which is owing to every human being simply because they are human.37

Our nature and status has a moral worth which gives people dignity or a basic moral status

and the ability to express it thereby making us aware of our moral worth and so we can

express the same towards another person. This dignity provides humans with the intellectual

ability to reason or think and the internal acknowledgement or recognition of the moral worth

of one’s actions to decide on what is wrong and what is good which makes us different from

animals. The dignity is inherent to our nature or our beings as it seeks to explain that human

rights cannot be deduced or enumerated, neither are they acquired nor earned, but are part of

our nature by virtue of our humanity alone.38

Contemporary notions of human rights are rooted deeply in this natural rights tradition. In a

further extension of the natural rights tradition, human rights are now often viewed as arising

essentially from the nature of humankind itself. 39

The idea that all humans possess human

rights simply by existing and that these rights cannot be taken away from them are direct

descendants of natural rights.

In conclusion, natural rights are rights which humankind derives from their existence, of their

being born or state of nature which endows us with morality and dignity to treat others as we

want to be treated. These rights cannot be taken away by any government or sovereignty as

they justify our existence and right to have a better life, equality, interdependency and the

pursuit of happiness.

3.2 LIBERAL POLITICAL THEORY Liberalism is a political philosophy founded on the ideas of liberty and equality of all human

beings and the ideas that come with it such as freedom of religion, civil rights, free trade,

rights to property, freedom of the press which in its entirety promotes the universal values of

freedom, equality, justice and peace etc.40

Liberalism first became prominent during the enlightenment era when philosophers used it to

reject the ideas and status quo of that time like state religion and absolute monarchy.

Philosophers like John Locke were instrumental in laying down the foundations of liberalism

when he argued that man has a natural right to life, freedom and property.41

Locke argues that when a monarch becomes a tyrant, that constituted a violation of the social

contract, which bestows life, liberty, and property as a natural right and as such should be

overthrowed. This argument places life, liberty and property as the supreme value of law and

authority and formulates the basis of liberalism based on social contract theory.42

37

Cranston 1973 p36 38

Danchin 2001 39

Heard 1997 40

Young 2002 p39 41

Langlois in Goodhart 2013 p14 42 Young 2002 p30-31

13

Locke in ‘The Second Treatise of Government’ that the natural liberty of man is to be free

from any superior power on earth, and not to be under the will or legislative authority of man,

but to have only the law of nature for his rule. The liberty of man, in society, is to be under no

other legislative power, but that established, by consent, in the commonwealth; nor under the

dominion of any will, or restraint of any law, but what that legislative shall enact, according

to the trust put in it and that freedom is a liberty for everyone to do what he lists, to live as he

pleases, and not to be tied by any laws.43

Locke goes on to argue that freedom of men under government is, to have a standing rule to

live by, common to every one of that society, and made by the legislative power erected in it;

a liberty to follow our own will in all things, where the rule prescribes not; and not to be

subject to the inconstant, uncertain, unknown, arbitrary will of another man: as freedom of

nature is, to be under no other restraint but the law of nature.44

This placed the liberties and

freedoms of man in a superior precedence than that of the state and as such should be

protected by the state not taken away or infringed upon.

Liberal political theory exhibits at its roots some basic and fundamental conceptions which

seek to give meaning to humanity and society. The basic traits identified in liberal political

theory according to political philosopher John Gray are individualism, universalism,

egalitarianism and meliorism. The individualistic stance promotes the moral worth of the

individual and as such values independence and self-reliance or the achievement of an

individual’s goals and happiness have precedence over that of the state or social group.

Universalism affirms the moral unity of humanity and marginalises differences in local

customs whilst the egalitarian stance means all human beings have the same moral worth and

status regardless of their nationality, sex, race etc and finally the meliorist stance believes in

human progress through socio-political arrangements through generations. 45

The moral and political principles of liberalism have been based on traditions such as

utilitarianism which emphasizes that the proper course of action is one that increases

happiness and minimizes suffering for a person and natural rights. Through all these strands

and traditions, the major common pillars of liberal thought are the believe in equality

and individual liberty, support for private property and individual rights, supporting the idea

of limited constitutional government, and recognising the importance of related values such

as pluralism, tolerance, autonomy, human integrity and consent. 46

There are many varieties of liberalism but they are all fundamentally linked to their regard for

the human being or subject which promotes the consideration of all individuals to be of equal

moral worth and standing. The philosophical approaches to the justifications of rights of the

individual within liberalism are human dignity, reason, autonomy, equality, needs,

capabilities and consensus.47

43

Kline 2010 44

Kline 2010 45

Gray 1995 pxii 46

Young 2002 p45 47 Langlois in Goodhart 2013 p17-18

14

The rights that people possess have often been argued to be grounded in the basic dignity of

the human being by virtue of him being made in the image of God (Imago Dei). Liberal rights

and freedoms are derived from the dignity of man which rests on the character of God as

being the ultimate source of value. This human dignity approach has been significantly

effective in making rights approaches understood worldwide especially in non-western

political and religious cultures. Reason which is a human characteristic more commonly

stressed by liberalism is the human capacity for rationale or logic which is a distinguishing

characteristic of human beings which can only be served if humans have a well being and

freedom to engage in it. As such human beings are entitled to these pre-requisites to

distinguish ourselves for reason which has in turn formed a basis for human rights

doctrines.48

Autonomy implies a self directed or authored life which is considered to be the human ideal

because together with choice, they form fundamental ingredients in any valuable life and

rights are derived from the conditions (liberty and freedoms) that are required to sustain such

a life. In other words, liberty and freedoms help humans achieve an ideal and valuable life.

Equality can mean the right to equal treatment or the right to be treated as an equal. The right

to equal treatment is normally associated with goods and equal opportunities and is

commonly associated with civil and political rights like the right to one vote per person

whilst the right to be treated as an equal means that each individual has equal moral worth

and as such should be accorded this by equal respect in a community. This means there

should be no discrimination based on sex, race, gender etc and equal opportunities should be

available to all in the society.49

All human beings have some basic needs like security and to remain in existence. These

needs are universal and as such basic and the requirements needed to fulfil these needs are

dependent on the availability of certain freedoms like movement, association and information

which links it to the concept of rights because without these freedoms, people cannot be

guaranteed of their basic needs. Capabilities refer to what people as human beings are

capable of being and doing. It refers to human potential and fulfilment which are seen as a

requirement to live a life of dignity because a person who lives in a society where his

potential cannot be fully explored by himself due to certain conditions will lead a miserable

life. Consensus is a pragmatic approach which focuses on areas of agreements between

people from diverse backgrounds as basis for legitimizing human rights. That is to say where

people from different background nevertheless agree that the right to life for example is key

and inalienable, then this right should be a key human right issue50

Liberal political theory, in conclusion, focuses on the liberty and freedoms of the individual,

equality, moral worth and standing of individuals and development which are needed to

realize our natural rights to for example, life, happiness, self development etc. Liberal

Political theory makes a strong case for the justification of the rights, freedoms, universalism

48

Langlois in Goodhart 2013 p17-18 49

Langlois in Goodhart 2013 p17-18 50 Langlois in Goodhart 2013 p17-18

15

and liberties of man and advocates for gender, racial and civil rights as well as freedom of

speech, association and an independent judiciary in equal dimensions which are all central

human rights themes.

16

CHAPTER 4 ANALYSIS

The following section presents an analysis of the UDHR Document together with the chosen

theories to establish its theoretical framework and shed light on answering the problem

formulation.

The underlying structure of the Universal Declaration of Human Rights document can be

compared to the portico of a Greek temple, with a foundation, steps, four columns and a

pediment.51

The document has eight preambles and thirty articles and Article 1 and Article 2 can be

described as the foundation blocks with their principles of dignity, liberty and equality. The

eight preambles give the reasons for the Declaration and represent the steps. The main body

of the declaration represents the four columns and can be grouped into column one (Articles

3-11) which constitutes the rights of the individual, column two (Articles 12-17) which refers

to the individual’s civil and political rights, column three (Articles 18-21) which concerns

spiritual, public and political freedoms and column four (Articles 22-27) sets out economic,

social and cultural rights. The last three articles (28-30) provide the pediment which binds the

declaration together and represents the duty of individuals to society and a prohibition on the

abuse of rights.52

Articles 12 through to 27 are generally about the promotion of the freedoms and liberties of

the individual and his rights to justice .These freedoms and the justice accompanying it help

to ensure peace and stability which partly warranted sponsorship of the Declaration by

the UN since maintaining peace was essential especially after the second world war and it

also provided the UN with a raison d’être or justification, and muted, somewhat, objections

that the United Nations was invading the domestic jurisdiction of states on human rights

issues with the Declaration.53

PREAMBLES

The preambles of the UDHR set out the reasons for the adoption of the document. The first

paragraph is considered the basis on which the other preambles are based and indeed the core

reason for the UDHR54

. It states that ‘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,’55

and contends that the recognition of human dignity of all

people is the foundation of peace and justice in the world. The second paragraph proclaims

that disregard and contempt for human rights have resulted in barbarous acts which have

outraged mankind’s conscience and society should aspire to a world where humans can enjoy

their freedoms and the third preamble states that human rights should be protected by law.

51

Dhiman 2011 p100 52

Dhiman 2011 p100 53

Danchin 2001 54

Danchin 2001 55 Danchin 2001

17

The fifth paragraph reaffirms faith in fundamental human rights and dignity as well as the

worth of a person thereby linking it to the UN Charter whilst the sixth paragraph notes that all

members of the UN in cooperation with the UN have pledged to achieve a universal respect

and observance of human rights. The seventh paragraph stresses that universal understanding

of rights and freedoms is of great importance to its realization and the last paragraph calls for

a universal education on rights and involvement of civil society.56

A look at the preambles especially Preamble one, will reveal that they are generally and

recognising the inherent dignity of human beings being a source of their rights, their equal

and inalienable rights and then linking them to the notion of freedom, peace and justice in the

world. These concepts can be explained with the theories of natural rights and liberal political

theory. The inherent dignity of human beings or the dignity that human beings require exists

as a result of our being born and not bestowed on us by any power or institution and as such

can be said to be our natural rights as the natural rights theory postulates.

This dignity or a basic moral status and the ability to express it are part of our being or

existence as humans and as such our natural right. Humans know how we want to be treated

and as such should treat others same. This is because our dignity gives us the ability to reason

and differentiate good from bad which makes us human and as this dignity is inherent to our

nature it cannot be separated or taken away from our humanity.57

The inherent dignity of humans connects with the equality of human beings irrespective of

sex, race or colour because if you respect the fact that every human being has a natural

inherent dignity as a result of our mere nature, then you have to recognise the fact that we are

all equal by nature as we all possess a natural dignity and this dignity entitles us to rights

which are inalienable, that is, cannot be taken away from us because it is part of our being

human, our existence or our nature and as such are our natural rights. The concept of

freedom, peace and justice in the world is a liberal political idea because it calls for humans

to have liberties and equalities in order to live a fulfilling life. This resonates with the liberal

philosophical approaches of autonomy, equality and needs. Autonomy ensures humans have

the freedom to choose and do their will irrespective of their race or sex (equality) and peace

and justice are needs human must get in order to ensure their existence which are fulfilled if

we have our freedoms.58

Preamble number one which says “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” especially sums up the idea of the inherent dignity of rights as

well as of the equal and inalienable nature of rights.

56

Dhiman 2011 pp101-102 57

Danchin 2001 58 Danchin 2001

18

ARTICLES 1-2

Articles 1 and 2 which can be described as the foundation blocks of the declaration talks

about all humans beings are free and equal in dignity and rights and endowed with reason and

conscience and as such every human is entitled to the rights set forth in the declaration

without any distinction of race, sex, colour, language, political or other opinion etc.59

The articles talks about "freedom and equality in dignity and rights" which omits any

reference to a Supreme Being as a source of these inherent rights, and thus the article

reinforces that rights are inherent and inalienable due to our existence or our being born as

human beings. The articles also talk about human beings being endowed with reason and

conscience which supports the stance of the preambles that this reason and conscience makes

us different from animals and endows us with our dignity which entitles us to our rights and

makes them inalienable or part of our existence.60

The article also states that we are born free and equal which means we are not bound or

slaved to others and enjoy personal liberties and freedoms and entitled to the same rights and

liberties and as a result of all of us being born into the human family, we should treat each

other in the spirit of brotherhood or as we want to be treated which supports the preambles of

the declaration in relation to the dignity of rights61

.

The ‘free and equal’ in the article is a non-discrimination principle which means human

rights are for all humans regardless of race, sex .colour, status etc and therefore protects

individuals and groups from the denial and violation of their human rights.62

This is just what the enlightenment philosophers like John Locke talked about in their

postulations about Natural Rights. That is, man by nature is free and equal and this state of

nature existed before social contracts and as such cannot be willed away or controlled by

others (inherent and inalienable).63

Our being free and equal is founded on the ideas of liberty

and equality of all human beings and the ideas that come with it such as freedom of religion,

civil rights, free trade, rights to property, freedom of the press which helps us fulfil our

natural rights and which are the tenets of the Liberal Political Theory64

These articles therefore conceptualize the idea of the equality of rights free from

discrimination because we have the reason and conscience to think through how we treat one

another as we want to be treated.

The recognition of rights justified through inherent dignity, equal and inalienable rights

above leads to the promotion of the values of freedom, peace and justice which are universal

values everyone can identify with to some extent65

. These values are exactly the values that

59 Dhiman 2011 p100 60

Danchin 2001 61

Danchin 2001 62

Ayton-Shenker 1995 63

Langlois in Goodhart 2013 p14 64

Cranston 1973 p36 65 Danchin 2001

19

the liberal political theory proclaims as the theory is founded on the ideas of liberty and

equality of all human beings and the ideas that come with it such as freedom of religion, civil

rights, free trade, rights to property, freedom of the press, rights to fair trials and fair or just

treatment irrespective of who or what an individual is, right to education and fair wage etc

which Articles 3 through to 28 of the Declaration is mostly about in general and will be

discussed below.

ARTICLES 3-11 (RIGHTS OF THE INDIVIDUAL)

Articles 3-11 refers to the rights of the individual such as the right to life, liberty, security,

prohibition of slavery, torture and inhumane treatment, the right to be recognised everywhere

as a person before the law, freedom from arbitrary arrest and detention, right to a fair trial and

innocent until proven guilty.66

Article3 sets forth the basic principle of liberty of the individual which then defines and

clarifies Articles 4-11 which makes them inter-related. They are all based conceptually on

Article 3 which deals with the issue of personal security and is based on the belief that the

interests of the individual come before those of the state and that the state should not be

allowed to deprive the individual of his dignity and his basic rights which are reactions to the

events of World War 2.67

John Locke in his ‘Second Treatise of Government’ which served as a foundation for Natural

and Liberal rights theories asserted that that man by nature is free, equal and independent and

as such no one can be put out of his estate or subjected to the political power of another

without his consent and that when individuals formed social groups like governments and

laws, their main aim is to protect these rights more effectively but they do not however

renounce their rights. The only rights man give up as part of society is the right to act as he

sees fit for self preservation and the right to punish whoever makes an attempt on his

property. These two rights according to Locke are given up to laws made by governments to

ensure the preservation of mankind which is a fundamental law of nature. 68

Therefore, Locke argues that state or government’s power is subservient to the common good

and as such can never act contrary to the fundamental laws of nature which gives us our

natural rights and liberties and so government’s cannot use their powers arbitrary or take

someone’s property or rights without their consent.69

These articles therefore put the rights of the individuals first before the state and makes the

rights of the individual a concept which cannot be infringed upon without his consent. The

articles also protect the individual’s security, promote justice and protect his liberties.

66

Dhiman 2011 p113 67

Danchin 2001 68

Messier 2011 p39-42 69 Messier 2011 p42

20

ARTICLES 12-17 (CIVIL AND POLITICAL RIGHTS)

Articles 12-17 refers to the individual’s rights in civil and political society and talks about the

right to privacy and freedom from arbitrary interference on his home or family, freedom of

movement, the rights to nationality and asylum, freedom of expression and opinion, the

freedom of association, the right to marry and set up a family without limitation or duress as

well as the freedom to own property.70

This group of rights can be described as civil and political rights which protect individuals’

freedoms and ensure that people are able to participate in the civil and political life of the

state without discrimination or oppression. These rights can be said to be based on the liberal

political theories of liberty and equality of all human beings and the ideas that come with it

such as freedom of religion, civil rights, free trade, rights to property, freedom of the press

etc.

These rights resonate closely with the liberal traits of individualism which asserts that the

achievement of an individual’s goals and happiness takes precedence over that of a state and

Utilitarianism which states that the proper course of action is one that increases happiness and

minimizes suffering for a person.71

That is why the UDHR provides of the rights and

freedoms of the individual to have privacy, express his opinion, to move about and associate

freely, get married and have a family as well as to own property.

These freedoms ensure the happiness, physical and mental integrity of the life of the

individual and take precedence and as such cannot be removed by the state as John Locke

argued that any government that decides to take these freedoms away should be overthrowed

as they are of supreme value. They also ensure that humans can fulfil their natural rights like

the rights to life, pursuit of happiness and own property which according to the liberal

political theory tenet of ‘Needs’ are needed to ensure our existence.

ARTICLES 18-21 (SPIRITUAL, PUBLIC & POLITICAL FREEDOMS)

Articles 18-21 is concerned with spiritual, public and political freedoms such as freedom of

religion and association, freedom of thought, conscience and opinion, freedom of assembly,

right to take part in government in one’s own country and the right of equal access to public

service as well as the right to receive and impart information and ideas through any media

and regardless of frontiers.72

These articles militate against any presumption of a national or state-sponsored religion. The

result is a total freedom of religion for members of both majority and minority religious

groups. They also provide for the right to free speech and the right to be protected from hate

speech. The root of these particular articles can be traced to the United States Bill of Rights,

when it was added to the US constitution in 1791, and the French Declaration of the Rights of

Man and Citizen (1789). Article 11 of the French Declaration stated that "The unrestrained

70

Dhiman 2011 p106 71

Gray 1995 pxii 72 Dhiman 2011 p113

21

communication of thought or opinions being one of the most precious rights of man, every

citizen may speak, write and publics freely, provided he be responsible for the abuse of this

liberty, in case determined by law.”73

These freedoms can be described as classical liberal political tenets as they seem to be of

supreme value to the welfare and well being of people and as such should not be denied or

undermined. These freedoms can be said to be in tune with the classical liberal traditions of

individualism or the importance of achieving one’s goals and happiness, autonomy or having

control on your life takes without interference and equality and development of potential.

The UDHR in proclaiming an individual’s rights to and freedoms of religion opinion,

assembly, participation of governance, equal access to service and information among others

in these article bloc, ensures that the individual remains the focus and his happiness reign

supreme and that the individual can have the right to live or author his life as he sees fit and

be treated equally in everything without discrimination. These freedoms and equal treatment

are what John Locke described as being natural to humans and of being supreme value of law

and authority.74

ARTICLES 22-27(ECONOMIC, SOCIAL & CULTURAL RIGHTS)

The next bloc of articles is Articles 22-27 which represent an individual’s economic, social

and cultural rights. These rights include the right to education, to work, to social security, to

rest and leisure, to an adequate standard of living and to participate in the cultural life of the

community.75

The aim of these articles is to guarantee people their rights as whole people and they are

founded on a belief that we can enjoy our rights, our freedoms, and economic justice all at the

same time and they serve as universal norms for minimum social and economic

entitlements.76

These articles ensure that human beings are entitled the rights to education to develop our

potential, to work with fair and just remuneration, to form unions to protect their interests, to

freely choose their employment, to just conditions of work and the right to enjoy the arts or

participate in the cultural life of their communities.77

The analysis of the theory behind this group of rights can be described as a continuum from

liberal theory to natural rights theory. This is because the rights and freedoms described in

this group if studied carefully are aimed at ensuring a good standard of living or a life filled

with value as it enables access to education, economic justice as well as cultural/scientific

benefits. These freedoms ensure that an individual can take actions which leads to his

ultimate satisfaction, have control over the direction he wants his life to go, treated fair and

73

Danchin 2001 74

Young 2002 p30-31 75

Dhiman 2011 p113 76

UN.org 77 Danchin 2001

22

just and satisfy his needs which then in turn will lead to successfully achieving our natural

right to life and the pursuit of happiness. This is to say, without these freedoms, our lives will

be almost impossible or difficult to live especially in this global era, unfulfilled and our

existence will not be a happy one which directly contradicts natural rights theory of life,

freedom and self preservation.

This group of rights helps ensure the personal and cultural development of an individual as

well as helping people to acquire and maintain a decent standard of living which helps to

make life or existence more fulfilling and bearable.

ARTICLES 28-30

The last bloc of articles is Articles 28-30 and they are concerned with the duty of the

individual to society and prohibition of the use of rights in contravention of the purposes of

the United Nations.78

The rights included in this bloc include the entitlement of all individuals to social and

international order so that the rights set forth in the UDHR can be fully realized, that

everyone has duties to the community in which he feels free and can develop his potential.

The other points here are that rights and freedoms may in no case be exercised contrary to the

purposes and principles of the United Nations and also nothing in the 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.79

This article bloc reminds us that the individual has not only rights but also duties and those

limitations on rights not only may but also must be drawn. Two ideas seem to be obvious and

necessary: that the corollary or result of rights is duties and that rights are not unlimited

otherwise, no social balance and harmony would be possible. However, since the UDHR does

not list the duties of the individual, there is no such thing as fundamental or "human" duties

in the same way there are rights. Any catalogue of duties to the community as one finds in

some constitutions would therefore be to some extent arbitrary, or rather a matter of domestic

law and politics.80

John Locke in ‘The Second Treatise of Government’ argues that a state of perfect freedom is

when people can order their actions, and dispose of their possessions and persons, as they

think fit, within the bounds of the law of nature, without asking leave, or depending upon the

will of any other man” (section. 4). He notes, however, that this state of liberty is not a state

of license, wherein one can dispose of others as one sees fit or even destroy his own life. A

natural law guided by man’s propensity to reason instils the notion that “no one ought to

harm another in his life, health, liberty, or possessions” (section. 6), and that in the state of

nature, where everyone is equal to another, everyone has the right to be an executor of the

law (section. 7). Locke does not preclude that man might not abide by this law, and in such

78

Dhiman 2011 p100 79

Danchin 2001 80 Danchin 2001

23

cases where one transgresses it, following the right of self-preservation and that of preserving

mankind, others have the right to punish the offender accordingly (sections. 8-12).81

The UDHR whilst ensuring the fundamental rights and freedoms of mankind also ensured

that these rights and freedoms are not unlimited so as to ensure social harmony. This is the

exact reflections of John Locke when he said that a state of liberty is not a state of license to

do things which the whole community has agreed upon as the norm and if one does this, he

should be punished. This constitutes the duties we have to our communities, to abide by the

laws we have all agreed on which in turn helps ensure and protect our freedoms, rights and

liberties.

To conclude, the theoretical framework of the UDHR as analysed above is firmly based on

the Natural Rights and Liberal Political Theories thereby proving my initial assumption about

them being the basis of the framework as true. From the preambles to the last articles, the

UDHR proclaims and promotes the rights of human beings as being inherent due to our

dignity, equal and inalienable as well as promoting our fundamental freedoms and liberties

which are based on the rights theories of natural rights and liberal political theory.

The declaration proclaims the rights of the individual, his civil and political rights, matters

concerning his spiritual wellbeing as well as public and political freedoms and advances a set

of economic, social and cultural rights to help an individual have control of his life, have a

good standard of living as well as achieving his full potential which in turn will lead to his

ultimate happiness and a happy existence or life. These freedoms are firmly rooted in liberal

political theory which has tenets like autonomy to decide our life, preserve our dignity, to be

treated equally and to satisfy our needs in order to gain value in our lives.

These two theories which the analysis has proved form the basis of the theoretical framework

of the UDHR is linked or complements each other because in order to achieve and fulfil our

natural rights like our rights to life and to live as we see fit, human beings need to satisfy or

achieve some fundamental freedoms and rights like education, fair economic rights, freedom

of religion, to associate, family, marriage, cultural activities, freedom of thought and opinion,

to be treated equally irrespective of sex, race or background, participate in government and

political life etc but the question is why did they become the basis of the theoretical

framework, and this is answered in the conclusion.

81 Messier 2011 p39

24

CHAPTER 5

CONCLUSION

The question of why these theories became the basis of this theoretical framework can be

answered based on the three interconnected concepts of inherent dignity of rights, equality

and inalienability of rights and the values of freedom, justice and peace which the natural

rights and liberal political theories advance and was evident in both the explanation of

theories and analysis of UDHR document sections of this project.

Natural Rights and Liberal Political theories conceptualize the source of our rights as humans

as coming from our inherent dignity endowed on us by our nature thereby giving us the

ability to treat each other in brotherhood spirit ad with dignity and also classify rights as

equal and alienable thereby making rights something which is available to every single

human being and cannot also be denied or taken away. This recognition of rights based on

our humanity therefore leads to the promotion of individual freedoms, peace and justice,

values which human beings the world over can identify with because they help improve our

existence.

By linking, on the one hand, the ethical and moral concern of human dignity in conjunction

with the idea of unrestricted and broadly sharable rights (equal and inalienable) with the

values of world freedom, justice and peace these two theories (Natural and Liberal Political)

have been able to transform human rights into a dominant political idea which is about the

individual and not a powerful being or religion, his nature which gives him his rights which

should not be infringed upon or taken away, his freedoms and liberties which helps him in the

pursuit of his happiness and living a fulfilled life, the spiritual and personal development of

mankind to improve our standard of living as well as our rights, duties and functions in

society which is universal, that is, free from age, gender, race, religious or cultural bias

thereby making rights acceptable and identifiable to many societies worldwide and

transforming matters that would have been subject to exclusive domestic jurisdictions and

sovereignty into matters of international concern, putting them permanently on the

international agenda, and providing the foundation for a sturdy edifice of international norms

and institutions and thereby making them the most ideal rights theories to form the theoretical

basis of a universal rights document like the UDHR.

The UDHR as a universal document had to be based on theories which identify with the

individual, make rights equal for all human kind and undeniable, free of religion and cultural

bias and therefore universal, promotes the rule of law and international relations, promotes

the well being of humanity as well as peace and justice in order for it to be accepted by the

different countries throughout the world with their different cultures, laws, socio-economic

and religious beliefs so that everybody or country irrespective of their culture, beliefs,

religion etc could identify with the Declaration and ensure the rights and freedoms of the

25

individual and this is exactly what the two theories provided that is why they became the

basis of the theoretical framework of the UDHR.

26

BIBLIOGRAPHY Ayton-Shenker, Diana (1995) ‘The Challenge of Human Rights and Cultural Diversity’

http://www.un.org/rights/dpi1627e.htm Retrieved May 20, 2014

Bowen, Glenn (2009) ‘Document Analysis as a Qualitative Research Method’ in ‘Qualitative

Research Journal’ Vol 9 No. 2 pp27-40

Bryman, Alan (2012) ‘Social Research Methods’ 4th Ed Oxford University Press, Oxford

Cranston, Maurice (1973) ‘What are Human Rights?’ Taplinger Publishing Company, New

York

Danchin, Peter (2001) ‘The Universal Declaration of Human Rights’

http://ccnmtl.columbia.edu/projects/mmt/udhr/index.html Retrieved, May 4-23, 2014

Dhiman, O.P (2011) ‘Understanding Human Rights’ Kalpaz Publications, New Delhi

http://books.google.dk/books?id=aGitENdR6foC&pg=PA249&hl=da&source=gbs_toc_r&ca

d=3#v=onepage&q&f=false Retrieved May 12-22, 2014

Glenn, Gary (2001) ‘Inalienable Rights and Positive Government in the Modern World’ in

‘The Journal of Politics’ Feb 84, Vol. 46 Issue 1 pp1057-80

Goodhart, Michael (2013) ‘Human Rights; Politics and Practice’ 2nd

Ed Oxford University

Press, Oxford

Gray. John (1995) ‘Liberalism’ 2nd

Ed University of Minnesota Press, Minneapolis

Heard, Michael (1997) ‘Human Rights: Chimeras in Sheep's Clothing?

http://www.sfu.ca/~aheard/intro.html Retrieved April 1, 2014

Hobbes. Thomas (1968) ‘Leviathan’ Paperback Ed Penguin Group USA, New York

Icelandic Human Rights Center (2009) ‘Definitions and Classifications of Human Rights’

http://www.humanrights.is/the-human-rights-

project/humanrightscasesandmaterials/humanrightsconceptsideasandfora/theconceptsofhuma

nrightsanintroduction/definitionsandclassifications/ Retrieved April 3, 2014

Kline, William (2010) ‘Locke on Liberty’ http://www.libertystudies.org/?p=237 Retrieved

April 30, 2014

Langlois, Anthony (2013) ‘Normative and Theoretical Foundations of Human Rights’ in

Goodhart, Michael (2013) ‘Human Rights; Politics and Practice’ 2nd

Ed Oxford University

Press, Oxford pp11-26

Messier, Vartan (2011) ‘The Natural Right to Absolute Freedom’ in ‘Atenea’ Vol. 31 Issue

1/2, p31-51

Morsink, Johannes (1984) ‘The Philosophy of the Universal Declaration’ in ‘Human Rights

Quarterly’ Vol. 6, No. 3 (Aug., 1984), pp. 309-334

27

Reichert, Elisabeth (2002) ‘The Universal Declaration of Human Rights-Only a Foundation’

in ‘The Journal of Intergroup Relations’ Vol XXIX no. 1 Spring 2002 pp34-47

http://ehs.siu.edu/socialwork/_common/documents/articles/reichert-articles/article7.pdf

retrieved May 3, 2014

Robson, Colin (2002) ‘Real World Research’ 2nd

Ed Blackwell Publishing, Oxford

The United Nations (2014) ‘Charter of the United Nations’

http://www.un.org/en/documents/charter/preamble.shtml retrieved May 3, 2014

United Nations (2014) ‘International Convention on Economic, Social and Cultural Rights’

http://www.un.org/cyberschoolbus/treaties/economic.asp Retrieved May 15, 2014

Young, Shaun (2002) ‘Beyond Rawls: An Analysis of the Concept of Political Liberalism’

University Press of America, Lanham-Maryland

i

APPENDIX 1

THE UNIVERSAL DECLARATION OF HUMAN RIGHTS 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,

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,

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,

Whereas it is essential to promote the development of friendly relations between nations,

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,

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,

Whereas a common understanding of these rights and freedoms is of the greatest importance for the

full realization of this pledge,

Now, Therefore THE GENERAL ASSEMBLY proclaims THIS UNIVERSAL

DECLARATION OF HUMAN RIGHTS as a common standard of achievement for all peoples and

all nations, to the end that every individual and every organ of society, keeping this Declaration constantly in mind, shall strive by teaching and education to promote respect for these rights and

freedoms and by progressive measures, national and international, to secure their universal and

effective recognition and observance, both among the peoples of Member States themselves and among the peoples of territories under their jurisdiction.

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.

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.

Article 3.

Everyone has the right to life, liberty and security of person.

ii

Article 4.

No one shall be held in slavery or servitude; slavery and the slave trade shall be prohibited in

all their forms.

Article 5.

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

punishment.

Article 6.

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

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.

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.

Article 9.

No one shall be subjected to arbitrary arrest, detention or exile.

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.

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.

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.

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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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.

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.

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.

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.

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.

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.

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.

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.

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(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.

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.

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.

Article 24.

Everyone has the right to rest and leisure, including reasonable limitation of working hours

and periodic holidays with pay.

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.

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.

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.

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(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.

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.

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.

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.

SOURCE: United Nations http://www.un.org/en/documents/udhr/#atop Retrieved May 24, 2014