1948 Declaration of Human Rights

1948 Declaration of Human Rights, updated 8/24/20, 2:45 AM

Paris “Universal Declaration of Human Rights” of 1948

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Sovereign Law Series

Paris “Universal Declaration of
Human Rights” of 1948


Short-Form Reference:

1948 “Declaration of Human Rights”

In-Line Micro Reference:

1948 “Human Rights”

Ratification / Registration:

UN-GA Res. 217-A (III) Paris (10 Dec 1948)


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Introductory Notes by the Independent Judiciary

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Introduction & Index

Independence from the UN – The United Nations (UN) is not a “world government”,
and has no authority for any type of “global governance”: The UN is prohibited to
interfere with self-determination of peoples or sovereignty of States (UN Charter,
Articles 1.2, 2.1, 2.7), and is liable for any of its own violations of international law and
rights (2012 Declaration on Rule of Law, Article 2). The UN is not a “world
parliament”, and has no authority to enact any form of “legislation”: The UN General
Assembly (GA) is only a forum for States to codify and declare general recognition of
rights and doctrines of international law (UN Charter, Article 13.1).

Reclaiming Law and Rights – The UN has no authority to “own” or “control”
international law: All the conventions actually belong to the Peoples of the Nations,
and the UN is only authorized to register and publish them (1969 Law of Treaties,
Articles 1(e), 76.1, 80; UN Charter, Article 102). Once a convention recognizes “rights”,
those “may not be revoked or modified” (1969 Law of Treaties, Articles 36.1, 37.2),
and “become binding upon” all States as “customary rules of international law” which
are “recognized” by that convention (Article 38). Therefore, all law and rights
evidenced in conventions belong to the People, and can be invoked by the People and
enforced by the Independent Judiciary, in perpetuity.

Words of Rights in Red – Operative words and phrases most effective for invoking and
enforcing Rights, which are the most used by Barristers and Judges, are printed in Red
font for ease of visual reference. Some key words may be underlined for emphasis.

Commentary in Green – [Expert commentary from Barristers and Judges may be
added in Green font, in Brackets, to guide effective use to assert and enforce rights.]



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Official Text of this Law Source as Ratified

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:



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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.

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.



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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.


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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.

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.
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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.

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 cooperation 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.



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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.
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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.

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.