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  1. Home
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  4. A DAY CALLED THE HUMAN RIGHTS DAY
A DAY CALLED THE HUMAN RIGHTS DAY
  • 2021-12-10
  • Shweta Kapoor
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A DAY CALLED THE HUMAN RIGHTS DAY


Human Beings have throughout their history developed methods of remembering events and making occasions special and meaningful. Precisely, for this purpose names are given to days which are specially denoted for specific remembrance. Thus, like many other special days, on 10th December, 1948 was born the Human Rights Day. Briefly, speaking this name was coined for the day when the UN General Assembly had adopted the Universal Declaration of Human Rights. The formal establishment of Human Rights Day occurred at the 317th Plenary Meeting of the General Assembly on 4 December 1950.


What is the UN Declaration of Human Rights?

The significance of this declaration lays in the fact that it sets Common Standards of achievements for all people and nations. It sets out for the very first time, fundamental human rights to have to be universally protected. The declaration is a formal codified document and has several Articles. It has been translated into several languages.


Which are these rights, as stated under the UN Declaration of Human Rights?

Broadly stated, some e.g. of Human Rights stated in the UN Declaration of Human Rights include - that all human beings are born free and equal in dignity and rights,


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,


Everyone has the right to life, liberty and security of person, No one shall be held in slavery or servitude; slavery and the slave trade shall be prohibited in all their forms, No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment, All are equal before the law and are entitled without any discrimination to equal protection of the law,


Everyone has the right to rest and leisure, including reasonable limitation of working hours and periodic holidays with pay,


Everyone has the right to freedom of peaceful assembly and association, Freedom of Thought, Belief, Faith and Expression.


How is it celebrated?

Every year a specific theme is selected for this day by the United Nations. This Year the theme is Equality, Reducing Inequalities, Advancing Human Rights. The United Nations follows the theme throughout the next year and promotes events and awareness basis the theme selected. Further the United Nations Prize in the Field of Human Rights and Nobel Peace Prize are all awarded on 10th December, every five years.


Can we enforce these rights?

The document of Universal Declaration of Human Rights is suggestive and not binding in its nature. It sets standards in words which all member states must strive to establish in their own nations.


We see that the Constitutions of certain countries such as India have the rights as guaranteed by the Declaration of Human Rights enshrined in parts of their Fundamental Rights and since Fundamental Rights are guaranteed by these Countries, these are enforceable in a Court of law. Hence, we see that the effect of the Declaration of Human Rights is enforceable through other documents even if the Declaration itself is not enforceable.


Is the Declaration of Human Rights effective?

The above question is rather tricky and there are two ways of looking at it, as glass full or glass empty. Therefore, there is not one specific answer to this question. There is no doubt that there is still a lot of poverty, illiteracy and class divide amongst the various sets of people throughout the world, but to state that this is the only part of the world which exists is not correct. Like in all other respects an individual which is the smallest building block of the society has responsibilities, so is the case here. It is not just for the UN agencies and the government to ensure that everyone has adequate resources to live a dignified life, it is for all individuals at their level and in whichever manner they can contribute to ensure the well being of others. Afterall, Governments are formed of individuals and so are the public and private sector.


Wish everyone a Fulfilling Human Rights Day, 2021.


Author Photo Shweta Kapoor   ( India )


Associate Partner Singhania and Co. LLP
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