The Impact of Universal Declaration of Human Rights, 1948

 

The Impact of Universal Declaration of Human Rights, 1948:- this declaration has the greatest impact at the National & International levels which is highly worth appreciating but subjecting to the exceptions. “Louis Henkin said as ‘whatever its legal quality, the declaration has set a standard by which national behaviour can be measured and to which nations can aspire. The declaration has helped to give contour and content to generalities of the charter reflecting the spirit and needs of the day.’[1]J.E.S. Fawcett has also observed that ‘the U.N. declaration on human rights 1948 was a public and indeed a global proclamation of a common standard of achievement for all people and nations…the declaration is the min from which other conventions as well as national constitutions protecting these rights have been and are being quarried.’[2]Late Dr. Nagendra Singh, Former President (Chief justice) of International Court of Justice remarked that the subject of human rights has fostered so much international legislation of the highest value that as legal topic it has no parallel to day…human rights have covered a wide variety of different aspects of life ranging from genocide and prevention of discrimination to freedom of information, association, status of women, refugees etc. Thus the subject is all embracing and in this respect no other topic can be said to have this all embracing character affecting the life of a common man.’[3] The provisions relating to the Universal Declaration of Human Rights, 1948 were cited in many cases by the hon’ble Judges of the International Court of Justice as –Nottebohm case, Asylum (Colombia v. Peru, 1950) case, Anglo-Indian Oil case 1955 and others.”[4] This declaration has given the deepest impact or effect on many countries as a result a number of instruments relating to human rights were adopted by the countries and also U.N.O. This declaration has also affected the constitutions & also other municipal laws of several countries for the incorporation of human rights in the constitutions.

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[1] The United Nations and Human Rights Vol. XXI no-03 Summer 1965 page no 504.

[2] The Law of Nations, 1968 page no 156.

[3] Recent Trends in the Development of International Law and Organization Promoting Inter- State Co-operation, University of Geneva, Inaugural Nehru Lecture, 1969 page no 175.

[4]Dr. S.K.Kapoor: Human Rights under International Law and Indian Law: Central Law Agency, Allahabad: 5^th Edition 2011 Page no.34-36.