A House with Two Rooms - The Advocates for Human Rights

Bill of Rights.” 27 In turn, this International Bill of Rights represents a codification of international
norms of conduct into a statutory treaty system designed to protect human rights.
B. International Bill of Rights
i. Universal Declaration of Human Rights
On December 10, 1948, the United Nations General Assembly adopted the Universal Declaration of
Human Rights (UDHR) to give meaning to the “human rights and fundamental freedoms” protected
in the United Nations Charter. 28 The UDHR “recognizes civil, cultural, economic, political[,] and
social rights, and, although it is not a legally binding document per se . . . the principles contained
therein are now considered to be legally binding on States either as customary international law,
general principles of law, or as fundamental principles of humanity.” 29 Indeed, on the twentieth
anniversary of its adoption, the U.N. General Assembly declared that the UDHR “states a common
understanding of the peoples of the world concerning the inalienable and inviolable rights of all
members of the human family and constitutes an obligation for the members of the international
community.” 30 Moreover, all significant human rights treaties adopted after 1948 recognize the
UDHR in their preambles. The ICJ also has recognized that the UDHR is a part of customary
international law. 31 Thus, it may be argued that the UDHR is binding on a state even if the state has
made no effort to adopt its provisions.
The UDHR applies without regard to race, color, sex, religion, or national origin and secures the
right to life, liberty, and security of person. 32 It prohibits slavery or servitude; torture or cruel,
inhuman, or degrading treatment or punishment; discrimination based on race, color, sex, or religion;
arbitrary arrest, detention, or exile; ex post facto laws; interference with travel; and arbitrary deprivation
of property. 33 It also protects the right to recognition before the law; to an effective remedy by
competent national tribunals for acts violating fundamental rights; to a fair and public hearing by
an independent and impartial tribunal and a presumption of innocence for persons accused of a
crime; to seek asylum; to a nationality; to marry; to freedom of religion; to freedom of thought and
expression; to freedom of association; to equally participate in government; to social security; to
work; to an adequate standard of living; and to an education. 34
The UDHR provides “that human rights should be protected by the rule of law.” 35 Thus, the UDHR
envisions an international legal system in which domestic legal systems directly provide for the
protection of a person’s human rights. The UDHR does not specifically recognize a state’s right to
derogate from (i.e., suspend) their obligations under the UDHR but allows only “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.” 36
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