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Universal

Declaration of
Human Rights

The Universal Declaration of Human


Rights (UDHR) is a historic document that
was adopted by the United Nations
General Assembly at its 183rd session
on 10 December 1948 as Resolution 217
at the Palais de Chaillot in Paris, France.
Of the then 58 members of the United
Nations, 48 voted in favor, none against,
eight abstained, and two did not vote.[1]

Universal Declaration of Human Rights

Eleanor Roosevelt with the Spanish language


version of the Universal Declaration of Human
Rights.

Created 1948

Ratified 10 December 1948

Location Palais de Chaillot, Paris

Author(s) Draft Committee[a]

Purpose Human rights


Poster

The human rights adopted by the United Nations


General Assembly of its 183rd meeting, held in
Paris on 10 December 1948

Wikisource has original text related to


this article:
Universal Declaration of Human
Rights
The Declaration consists of 30 articles
affirming an individual's rights which,
although not legally binding in themselves,
have been elaborated in subsequent
international treaties, economic transfers,
regional human rights instruments,
national constitutions, and other laws. The
Declaration was the first step in the
process of formulating the International
Bill of Human Rights, which was
completed in 1966, and came into force in
1976, after a sufficient number of
countries had ratified them.

Some legal scholars have argued that


because countries have constantly
invoked the Declaration for more than 50
years, it has become binding as a part of
customary international law.[2][3] However,
in the United States, the Supreme Court in
Sosa v. Alvarez-Machain (2004),
concluded that the Declaration "does not
of its own force impose obligations as a
matter of international law."[4] Courts of
other countries have also concluded that
the Declaration is not in and of itself part
of domestic law.

Structure and content


The underlying structure of the Universal
Declaration was introduced in its second
draft, which was prepared by René Cassin.
Cassin worked from a first draft, which
was prepared by John Peters Humphrey.
The structure was influenced by the Code
Napoléon, including a preamble and
introductory general principles.[5] Cassin
compared the Declaration to the portico of
a Greek temple, with a foundation, steps,
four columns, and a pediment.

The Declaration consists of a preamble


and thirty articles:

The preamble sets out the historical and


social causes that led to the necessity
of drafting the Declaration.
Articles 1–2 established the basic
concepts of dignity, liberty, equality, and
brotherhood.
Articles 3–5 established other individual
rights, such as the right to life and the
prohibition of slavery and torture.
Articles 6–11 refer to the fundamental
legality of human rights with specific
remedies cited for their defence when
violated.
Articles 12–17 established the rights of
the individual towards the community
(including such things as freedom of
movement).
Articles 18–21 sanctioned the so-called
"constitutional liberties", and with
spiritual, public, and political freedoms,
such as freedom of thought, opinion,
religion and conscience, word, and
peaceful association of the individual.
Articles 22–27 sanctioned an
individual's economic, social and
cultural rights, including healthcare.
Article 25 states: "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." It also makes
additional accommodations for security
in case of physical debilitation or
disability, and makes special mention of
care given to those in motherhood or
childhood.[6]
Articles 28–30 established the general
ways of using these rights, the areas in
which these rights of the individual can
not be applied, and that they can not be
overcome against the individual.

These articles are concerned with the duty


of the individual to society and the
prohibition of use of rights in
contravention of the purposes of the
United Nations Organisation.[7]
History
Background

State of the Union (Four Freedoms) (6


January 1941)
0:00 / 0:00

Franklin Delano Roosevelt's 6 January


1941 State of the Union address
introducing the theme of the Four
Freedoms (starting at 32:02)

Problems playing this file? See media


help.

During World War II, the Allies adopted the


Four Freedoms—freedom of speech,
freedom of religion, freedom from fear,
and freedom from want—as their basic
war aims.[8][9] The United Nations Charter
"reaffirmed faith in fundamental human
rights, and dignity and worth of the human
person" and committed all member states
to promote "universal respect for, and
observance of, human rights and
fundamental freedoms for all without
distinction as to race, sex, language, or
religion".[10]

When the atrocities committed by Nazi


Germany became fully apparent after
World War II, the consensus within the
world community was that the United
Nations Charter did not sufficiently define
the rights to which it referred.[11][12] A
universal declaration that specified the
rights of individuals was necessary to give
effect to the Charter's provisions on
human rights.[13]

Creation and drafting

In June 1946, the UN Economic and Social


Council established the Commission on
Human Rights, comprising 18 members
from various nationalities and political
backgrounds. The Commission, a standing
body of the United Nations, was
constituted to undertake the work of
preparing what was initially conceived as
an International Bill of Rights.[14]
The Commission established a special
Universal Declaration of Human Rights
Drafting Committee, chaired by Eleanor
Roosevelt, to write the articles of the
Declaration. The Committee met in two
sessions over the course of two years.

Canadian John Peters Humphrey, Director


of the Division of Human Rights within the
United Nations Secretariat, was called
upon by the United Nations Secretary-
General to work on the project and
became the Declaration's principal
drafter.[15] At the time, Humphrey was
newly appointed as Director of the Division
of Human Rights within the United Nations
Secretariat.[16]

Other well-known members of the drafting


committee included René Cassin of
France, Charles Malik of Lebanon, and P. C.
Chang of the Republic of China.[17]
Humphrey provided the initial draft that
became the working text of the
Commission.

Hansa Mehta of India suggested to add


"all human beings are created equal"
instead of "all men are created equal" in
the declaration.
According to Allan Carlson, the
Declaration's pro-family phrases were the
result of the Christian Democratic
movement's influence on Cassin and
Malik.[18]

Once the Committee finished its work in


May 1948, the draft was further discussed
by the Commission on Human Rights, the
Economic and Social Council, the Third
Committee of the General Assembly
before being put to vote in December
1948. During these discussions many
amendments and propositions were made
by UN Member States.[19]
British representatives were extremely
frustrated that the proposal had moral but
no legal obligation.[20] (It was not until
1976 that the International Covenant on
Civil and Political Rights came into force,
giving a legal status to most of the
Declaration.)

Adoption

The Universal Declaration was adopted by


the General Assembly as Resolution 217
on 10 December 1948 in Palais de Chaillot,
Paris, as the third United Nations General
Assembly was held there [21]. Of the then
58 members[22] of the United Nations, 48
voted in favour, none against, eight
abstained[23][24] and Honduras and Yemen
failed to vote or abstain.[25]

The meeting record[26] provides firsthand


insight into the debate. South Africa's
position can be seen as an attempt to
protect its system of apartheid, which
clearly violated several articles in the
Declaration.[23] The Saudi Arabian
delegation's abstention was prompted
primarily by two of the Declaration's
articles: Article 18, which states that
everyone has the right "to change his
religion or belief"; and Article 16, on equal
marriage rights.[23] The six communist
countries abstentions centred around the
view that the Declaration did not go far
enough in condemning fascism and
Nazism.[27] Eleanor Roosevelt attributed
the abstention of Soviet bloc countries to
Article 13, which provided the right of
citizens to leave their countries.[28]

Voting in the plenary session:


Green countries: voted in favour; Orange countries:
abstained;
Black countries: failed to abstain or vote;

Grey countries: were not part of the UN at time of


voting
The 48 countries that voted in favour of
the Declaration are:[29]

Afghanistan
Argentina
 Australia
 Belgium
Bolivia
Brazil
Burma
 Canada[a]
Chile
 China
Colombia
Costa Rica
 Cuba
 Denmark
Dominican Republic
 Ecuador
 Egypt
El Salvador
 Ethiopia
 France
 Greece
Guatemala
 Haiti
 Iceland
 India
 Iran
 Iraq
 Lebanon
Liberia
 Luxembourg
 Mexico
 Netherlands
 New Zealand
Nicaragua
 Norway
 Pakistan
 Panama
Paraguay
 Peru
Philippines
Siam
 Sweden
 Syria
Turkey
 United Kingdom
 United States
 Uruguay
 Venezuela
a. ^ Despite the central role played by the
Canadian John Peters Humphrey, the Canadian
Government at first abstained from voting on
the Declaration's draft, but later voted in favour
of the final draft in the General Assembly.[30]
Eight countries abstained:[29]

 Czechoslovakia
 Poland
 Saudi Arabia
 Soviet Union
 Byelorussian SSR
 Ukrainian SSR
 South Africa
 Yugoslavia

Two countries did not vote:

 Honduras
 Yemen
Other countries only gained sovereignty
and joined the United Nations later,[31]
which explains the relatively small number
of states entitled to the historical vote, and
in no way reflects opposition to the
universal principles.

International Human Rights


Day
The Declaration of Human Rights Day is
commemorated every year on December
10, the anniversary of the adoption of the
Universal Declaration, and is known as
Human Rights Day or International Human
Rights Day. The commemoration is
observed by individuals, community and
religious groups, human rights
organizations, parliaments, governments,
and the United Nations. Decadal
commemorations are often accompanied
by campaigns to promote awareness of
the Declaration and human rights. 2008
marked the 60th anniversary of the
Declaration, and was accompanied by
year-long activities around the theme
"Dignity and justice for all of us".[32]

Significance and legal effect


Significance
In miniature book

In 1948, the UN Resolution A/RES/217(III)


[A] adopted the Declaration on a bilingual
document in English and French, and
official translations in Chinese, Russian
and Spanish.[33] In 2009, the Guinness
Book of Records described the Declaration
as the world's "Most Translated
Document" (370 different languages and
dialects).[34][35] The Unicode Consortium
stores 431[36] of the 503[37] official
translations available at the OHCHR (as of
June 2017).

In its preamble, governments commit


themselves and their people to
progressive measures that secure the
universal and effective recognition and
observance of the human rights set out in
the Declaration. Eleanor Roosevelt
supported the adoption of the Declaration
as a declaration rather than as a treaty
because she believed that it would have
the same kind of influence on global
society as the United States Declaration of
Independence had within the United
States.[38] In this, she proved to be correct.
Even though it is not legally binding, the
Declaration has been adopted in or has
influenced most national constitutions
since 1948. It has also served as the
foundation for a growing number of
national laws, international laws, and
treaties, as well as for a growing number
of regional, sub national, and national
institutions protecting and promoting
human rights.
For the first time in international law, the
term “the rule of law” was used in the
preamble of the Declaration. The third
paragraph of the preamble of the
Declaration reads as follows: "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."[39]

Legal effect

While not a treaty itself, the Declaration


was explicitly adopted for the purpose of
defining the meaning of the words
"fundamental freedoms" and "human
rights" appearing in the United Nations
Charter, which is binding on all member
states. For this reason, the Universal
Declaration of Human Rights is a
fundamental constitutive document of the
United Nations. In addition, many
international lawyers[40][41][42][43] believe
that the Declaration forms part of
customary international law[44] and is a
powerful tool in applying diplomatic and
moral pressure to governments that
violate any of its articles. The 1968 United
Nations International Conference on
Human Rights advised that the Declaration
"constitutes an obligation for the members
of the international community" to all
persons. The Declaration has served as
the foundation for two binding UN human
rights covenants: the International
Covenant on Civil and Political Rights and
the International Covenant on Economic,
Social and Cultural Rights. The principles
of the Declaration are elaborated in
international treaties such as the
International Convention on the
Elimination of All Forms of Racial
Discrimination, the International
Convention on the Elimination of
Discrimination Against Women, the United
Nations Convention on the Rights of the
Child, the United Nations Convention
Against Torture, and many more. The
Declaration continues to be widely cited by
governments, academics, advocates, and
constitutional courts, and by individuals
who appeal to its principles for the
protection of their recognised human
rights.

Reaction
Praise

The Universal Declaration has received


praise from a number of notable people.
The Lebanese philosopher and diplomat
Charles Malik called it "an international
document of the first order of
importance",[45] while Eleanor Roosevelt—
first chairwoman of the Commission on
Human Rights (CHR) that drafted the
Declaration—stated that it "may well
become the international Magna Carta of
all men everywhere."[46] In a speech on 5
October 1995, Pope John Paul II called the
Declaration "one of the highest
expressions of the human conscience of
our time" but the Vatican never adopted
the Declaration.[47] In a statement on 10
December 2003 on behalf of the European
Union, Marcello Spatafora said that the
Declaration "placed human rights at the
centre of the framework of principles and
obligations shaping relations within the
international community."[48]

Criticism

Islamic countries

Turkey, a secular state with an


overwhelmingly Muslim population, signed
the Declaration in 1948.[49] However, the
same year, Saudi Arabia abstained from
the ratification vote on the Declaration,
claiming that it violated Sharia law.[50]
Pakistan—which had signed the
declaration—disagreed and critiqued the
Saudi position.[51] Pakistani minister
Muhammad Zafarullah Khan strongly
argued in favor of including freedom of
religion.[52] In 1982, the Iranian
representative to the United Nations, Said
Rajaie-Khorassani, said that the
Declaration was "a secular understanding
of the Judeo-Christian tradition", which
could not be implemented by Muslims
without conflict with Sharia.[53] On 30 June
2000, members of the Organisation of the
Islamic Conference (now the Organisation
of Islamic Cooperation) officially resolved
to support the Cairo Declaration on Human
Rights in Islam,[54] an alternative document
that says people have "freedom and right
to a dignified life in accordance with the
Islamic Shari'ah", without any
discrimination on grounds of "race, colour,
language, sex, religious belief, political
affiliation, social status or other
considerations".

Some Muslim diplomats would go on later


to help draft other UN human rights
treaties. For example, Iraqi diplomat Bedia
Afnan's insistence on wording that
recognized gender equality resulted in
Article 3 within the ICCPR and ICESCR.
Pakistani diplomat Shaista Suhrawardy
Ikramullah also spoke in favor of
recognizing women's rights.[52]
A number of scholars in different fields
have expressed concerns with the
Declaration's alleged Western bias. These
include Irene Oh, Abdulaziz Sachedina,
Riffat Hassan, and Faisal Kutty. Hassan
has argued:

What needs to be pointed out to


those who uphold the Universal
Declaration of Human Rights to
be the highest, or sole, model, of
a charter of equality and liberty
for all human beings, is that
given the Western origin and
orientation of this Declaration,
the "universality" of the
assumptions on which it is
based is – at the very least –
problematic and subject to
questioning. Furthermore, the
alleged incompatibility between
the concept of human rights and
religion in general, or particular
religions such as Islam, needs to
be examined in an unbiased
way.[55]

Irene Oh argues that one solution is to


approach the issue from the perspective
of comparative (descriptive) ethics.[56]
Kutty writes: "A strong argument can be
made that the current formulation of
international human rights constitutes a
cultural structure in which western society
finds itself easily at home ... It is important
to acknowledge and appreciate that other
societies may have equally valid
alternative conceptions of human
rights."[57]

Ironically, a number of Islamic countries


that, as of 2014, are among the most
resistant to UN intervention in domestic
affairs, played an invaluable role in the
creation of the Declaration, with countries
such as Syria and Egypt having been
strong proponents of the universality of
human rights and the right of countries to
self-determination.[58]

"The Right to Refuse to Kill"

Groups such as Amnesty International[59]


and War Resisters International[60] have
advocated for "The Right to Refuse to Kill"
to be added to the Universal Declaration.
War Resisters International has stated that
the right to conscientious objection to
military service is primarily derived from—
but not yet explicit in—Article 18 of the
UDHR: the right to freedom of thought,
conscience, and religion.[60]
Steps have been taken within the United
Nations to make this right more explicit,
but—to date (2017)—those steps have
been limited to less significant United
Nations documents. Sean MacBride—
Assistant Secretary-General of the United
Nations and Nobel Peace Prize laureate—
has said: "To the rights enshrined in the
Universal Declaration of Human Rights
one more might, with relevance, be added.
It is 'The Right to Refuse to Kill'."[61]

American Anthropological
Association

The American Anthropological Association


criticized the UDHR while it was in its
drafting process. The AAA warned that the
document would be defining universal
rights from a Western paradigm which
would be unfair to countries outside of
that scope. They further argued that the
West's history of colonialism and
evangelism made them a problematic
moral representative for the rest of the
world. They proposed three notes for
consideration with underlying themes of
cultural relativism: "1. The individual
realizes his personality through his culture,
hence respect for individual differences
entails a respect for cultural differences",
"2. Respect for differences between
cultures is validated by the scientific fact
that no technique of qualitatively
evaluating cultures has been discovered",
and "3. Standards and values are relative
to the culture from which they derive so
that any attempt to formulate postulates
that grow out of the beliefs or moral codes
of one culture must to that extent detract
from the applicability of any Declaration of
Human Rights to mankind as a whole."[62]

Bangkok Declaration

During the lead up to the World


Conference on Human Rights held in 1993,
ministers from Asian states adopted the
Bangkok Declaration, reaffirming their
governments' commitment to the
principles of the United Nations Charter
and the Universal Declaration of Human
Rights. They stated their view of the
interdependence and indivisibility of
human rights and stressed the need for
universality, objectivity, and non-selectivity
of human rights. However, at the same
time, they emphasized the principles of
sovereignty and non-interference, calling
for greater emphasis on economic, social,
and cultural rights—in particular, the right
to economic development over civil and
political rights. The Bangkok Declaration is
considered to be a landmark expression of
the Asian values perspective, which offers
an extended critique of human rights
universalism.[63]

Death penalty

The declaration doesn't take explicit


position on death penalty. Its article 5
simply mentions that No one shall be
subjected to torture or to cruel, inhuman or
degrading treatment or punishment.

Organizations promoting the


UDHR
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International Federation for


Human Rights

The International Federation for Human


Rights (FIDH) is nonpartisan, nonsectarian,
and independent of any government, and
its core mandate is to promote respect for
all the rights set out in the Universal
Declaration of Human Rights, the
International Covenant on Civil and
Political Rights, and the International
Covenant on Economic, Social and Cultural
Rights.[64][65]

Amnesty International
In 1988, director Stephen R. Johnson and
41 international animators, musicians, and
producers created a 20-minute video for
Amnesty International to celebrate the
40th Anniversary of the Universal
Declaration. The video was to bring to life
the Declaration's 30 articles.[66]

Amnesty International celebrated Human


Rights Day and the 60th anniversary of the
Universal Declaration all over the world by
organizing the "Fire Up!" event.[67]

Quaker United Nations Office


and American Friends Service
Committee
The Quaker United Nations Office and the
American Friends Service Committee work
on many human rights issues, including
improving education on the Universal
Declaration of Human Rights. They have
developed a curriculum to help introduce
High School students to the Universal
Declaration of Human Rights.[68][69]

American Library Association

In 1997, the council of the American


Library Association (ALA) endorsed Article
19 from the Universal Declaration of
Human Rights.[70] Along with Article 19,
Article 18 and 20 are also fundamentally
tied to the ALA Universal Right to Free
Expression and the Library Bill of
Rights.[71] Censorship, the invasion of
privacy, and interference of opinions are
human rights violations according to the
ALA.

In response to violations of human rights,


the ALA asserts the following principles:
“ The American Library Association ”
opposes any use of governmental
prerogative that leads to
intimidation of individuals that
prevents them from exercising their
rights to hold opinions without
interference, and to seek, receive,
and impart information and ideas.
We urge libraries and librarians
everywhere to resist such abuse of
governmental power, and to support
those against whom such

governmental power has been


employed.

The American Library Association


condemns any governmental effort
to involve libraries and librarians in
restrictions on the right of any
individual to hold opinions without
interference, and to seek, receive,
and impart information and ideas.
Such restrictions, whether enforced
by statutes or regulations,
contractual stipulations, or voluntary
agreements, pervert the function of
the library and violate the

professional responsibilities of
librarians.

The American Library Association


y
rejects censorship in any form. Any
action that denies the inalienable
human rights of individuals only
damages the will to resist
oppression, strengthens the hand of
the oppressor, and undermines the
cause of justice.

The American Library Association


will not abrogate these principles.
We believe that censorship corrupts

the cause of justice, and contributes


to the demise of freedom.[72]
Youth for Human Rights
International

Youth for Human Rights International


(YHRI) is a non-profit organization founded
in 2001 by Mary Shuttleworth, an educator
born and raised in apartheid South Africa,
where she witnessed firsthand the
devastating effects of discrimination and
the lack of basic human rights. The
purpose of YHRI is to teach youth about
human rights, specifically the United
Nations Universal Declaration of Human
Rights, and inspire them to become
advocates for tolerance and peace. YHRI
has now grown into a global movement,
including hundreds of groups, clubs and
chapters around the world.[73]

See also
Human rights
History of human rights
Yogyakarta Principles
Non-binding agreements
Cairo Declaration on Human Rights in
Islam (1990)
Vienna Declaration and Programme of
Action (1993)
United Nations Millennium Declaration
(2000)
International human rights law
Fourth Geneva Convention (1949)
European Convention on Human Rights
(1952)

Convention Relating to the Status of


Refugees (1954)
Convention on the Elimination of All
Forms of Racial Discrimination (1969)
International Covenant on Civil and
Political Rights (1976)
International Covenant on Economic,
Social and Cultural Rights (1976)
Convention on the Elimination of All
Forms of Discrimination Against Women
(1981)
Convention on the Rights of the Child
(1990)

Charter of Fundamental Rights of the


European Union (2000)
Convention on the Rights of Persons
with Disabilities (2007)
Thinkers influencing the Declaration
Jacques Maritain
Tommy Douglas
John Sankey, 1st Viscount Sankey
Other
Slavery in the United States •in Russia

Slavery in international law


Slave Trade Acts
Human rights in China (PRC)
Command responsibility
Moral universalism
Declaration on Great Apes, an as-yet
unsuccessful effort to extend some
human rights to other great apes.
"Consent of the governed"
Racial equality proposal (1919)
The Farewell Sermon (632 CE)
Youth for Human Rights International
List of literary works by number of
translations
Monica Ross

Notes
a. Included John Peters Humphrey
(Canada), René Cassin (France), P. C.
Chang (Republic of China), Charles
Malik (Lebanon), Hansa Mehta (India)
and Eleanor Roosevelt (United
States); see Creation and drafting
section above.

Citations

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2000.
3. Hurst Hannum, The universal
declaration of human rights in
National and International Law ,
p.145
4. Sosa v. Alvarez-Machain, 542 U.S.
692, 734 (2004).
5. Glendon 2002, pp. 62–64.
6. Universal Declaration of Human
Rights , United Nations, 1948
7. Glendon 2002, Chapter 10.
8. "FDR, "The Four Freedoms," Speech
Text |" .
Voicesofdemocracy.umd.edu.
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2018.
9. Bodnar, John, The "Good War" in
American Memory. (Maryland: Johns
Hopkins University Press, 2010) 11
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Retrieved 2013-04-20.
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08-28. Archived from the original on
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Universalrights.net. Retrieved
2012-07-07.
14. Morsink 1999, p. 4
15. Morsink 1999, p. 5
16. Morsink 1999, p. 133
17. The Declaration was drafted during
the Chinese Civil War. P.C. Chang was
appointed as a representative by the
Republic of China, then the
recognised government of China, but
which was driven from mainland
China and now administers only
Taiwan and nearby islands
(history.com ).
18. Carlson, Allan: Globalizing Family
Values Archived 2012-05-25 at
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the Universal Declaration of Human
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in Canada (UNAC). p. "Who are the
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Archived from the original on 2012-
09-12.
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"Menschenrechte: Die mächtigste
Idee der Welt" . Der Tagesspiegel (in
German). Retrieved 2013-07-12.
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2017-08-30.
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of the Third General Assembly
Session" . Retrieved 2015-02-25.
28. Glendon 2002, pp. 169–70
29. "Yearbook of the United Nations
1948–1949 p 535" (PDF). Archived
from the original (PDF) on
September 27, 2013. Retrieved
24 July 2014.
30. Schabas, William (1998). "Canada
and the Adoption of Universal
Declaration of Human Rights" (PDF).
McGill Law Journal. 43: 403.
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References

Brown, Gordon (2016). The Universal


Declaration of Human Rights in the 21st
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Further reading
Feldman, Jean-Philippe (December 1999).
"Hayek's Critique of the Universal Declaration
of Human Rights". Journal des Economistes
et des Etudes Humaines. 9 (4).
doi:10.2202/1145-6396.1172 .
Nurser, John. "For All Peoples and All
Nations. Christian Churches and Human
Rights.". (Geneva: WCC Publications, 2005).
Universal Declaration of Human Rights pages
at Columbia University (Centre for the Study
of Human Rights), including article by article
commentary, video interviews, discussion of
meaning, drafting and history.
Introductory note by Antônio Augusto
Cançado Trindade and procedural history on
the Universal Declaration of Human Rights in
the Historic Archives of the United Nations
Audiovisual Library of International Law

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Audiovisual materials

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