publications_unodc_commentary-e

THE BANGALORE PRINCIPLES OF JUDICIAL CONDUCTPREAMBLEWHEREAS the Universal Declaration of Human Rightsrecognizes as fundamental the principle that everyone is entitledin full equality to a fair and public hearing by an independent andimpartial tribunal, in the determination of rights and obligationsand of any criminal charge.CommentaryUniversal Declaration of Human Rights1. Article 19 of the Universal Declaration of Human Rights, which wasproclaimed by the United Nations General Assembly on 10 December 1948,provides that:Everyone is entitled in full equality to a fair and public hearing by anindependent and impartial tribunal, in the determination of his rights andobligations and of any criminal charge against him.2. The Universal Declaration of Human Rights was adopted without adissenting vote, and represents “a common understanding” of those rights which themember states of the United Nations had pledged in the Charter of the UnitedNations to respect and to observe. It is the first comprehensive statement of humanrights of universal applicability. The Universal Declaration was not in itselfintended to be a legally binding instrument; it is a declaration, not a treaty.However, it is regarded as the legitimate aid to the interpretation of the expression“human rights and fundamental freedoms” in the Charter. Indeed, as early as 1971,it was judicially recognized that “although the affirmations in the Declaration are notbinding qua international convention . . . they can bind the states on the basis ofcustom . . . whether because they constituted a codification of customary law . . . orbecause they have acquired the force of custom through a general practice acceptedas law.” 11 Legal Consequences for States of the Continued Presence of South Africa in Namibia(South-West Africa) Notwithstanding Security Council Resolution 276 (1970), ICJ Reports1971, separate opinion of Vice-President Ammoun, at p.76.23