From Declaration to Binding Law

The Transformation of the Universal Declaration of Human Rights into Treaties and Conventions

The Universal Declaration of Human Rights (UDHR), adopted by the United Nations General Assembly on December 10, 1948, is a landmark document in the history of social rights. It was the first global expression of the inalienable rights to which all human beings are entitled. However, the UDHR is not a legally binding document; it is a declaration, a statement of principles and aspirations. To translate these principles into enforceable legal obligations, the international community embarked on a decades-long process of drafting and adopting treaties and conventions that codify the rights outlined in the UDHR. Here, we explore the processes that transformed the UDHR into binding international law and summarize the key treaties and conventions that emerged from this effort.

Codification of the UDHR into Binding Instruments

The UDHR served as the foundation for the development of international human rights law. Recognizing the need to create legally binding obligations, the United Nations Commission on Human Rights (now the Human Rights Council) began drafting treaties that would translate the UDHR’s principles into specific legal frameworks. This process involved extensive negotiations among member states, balancing diverse cultural, political, and legal perspectives.

The UDHR, along with the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR), came to be known in many circles as the International Bill of Human Rights. The two covenants, adopted in 1966 and entering into force in 1976, are the cornerstone treaties that give legal force to the rights proclaimed in the UDHR.

In addition to the ICCPR and ICESCR, the international community developed specialized treaties addressing specific issues or vulnerable social groups. These conventions often emerged in response to evolving global challenges and the need to address gaps in the protection of human rights.

The Difference between a Declaration and a Treaty

As a non-binding document, the Universal Declaration of Human Rights was merely adopted through endorsement signatures by member states. A Treaty, to become a binding law upon a nation-state, it must be ratified by the governments of member states, and each state would have its own process of ratifying a bilateral or multilateral treaty. Generally, once a treaty was drafted, it would be adopted by the UN General Assembly or relevant international body. For it to become binding, individual states needed to sign and ratify the treaty through their respective legislative processes. After ratification, states were, first encouraged and later, required to incorporate the treaty’s provisions into their national laws.

Moreover, for a treaty to become binding, it must be ratified by enough states. Once ratified, states are legally obligated to incorporate the treaty’s provisions into their domestic laws and policies. Monitoring bodies, such as treaty committees, oversee compliance and provide recommendations for improvement.

Key Treaties and Conventions Derived from the UDHR

International Covenant on Civil and Political Rights (ICCPR)

Adopted: 1966

Entered into Force: 1976

Summary: The ICCPR codifies civil and political rights, including the right to life, freedom of speech, freedom of religion, and the right to a fair trial. It also prohibits torture, slavery, and arbitrary detention. The treaty establishes the Human Rights Committee to monitor compliance.

Key Provisions:

• Article 6: Right to life.
• Article 19: Freedom of expression.
• Article 25: Right to participate in public affairs.

International Covenant on Economic, Social and Cultural Rights (ICESCR)

Adopted: 1966

Entered into Force: 1976

Summary: The ICESCR focuses on economic, social, and cultural rights, such as the right to work, the right to education, and the right to an adequate standard of living. It emphasizes the progressive realization of these rights, recognizing that their full implementation may depend on available resources.

Key Provisions:

• Article 11: Right to adequate food, clothing, and housing.
• Article 13: Right to education.
• Article 15: Right to participate in cultural life.

 

Convention on the Elimination of All Forms of Racial Discrimination (CERD)

Adopted: 1965

Entered into Force: 1969

Summary: CERD aims to eliminate racial discrimination and promote understanding among all races. It requires states to prohibit hate speech, racial segregation, and discriminatory practices.

Key Provisions:

• Article 2: Obligation to eliminate racial discrimination.
• Article 4: Prohibition of hate speech and racist organizations.
• Article 5: Guarantee of equality before the law.

 

Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW)

Adopted: 1979

Entered into Force: 1981

Summary: CEDAW is often described as an international bill of rights for women. It addresses discrimination in areas such as education, employment, and political participation. States are required to take measures to ensure gender equality.

Key Provisions:

• Article 7: Equal participation in political and public life.
• Article 10: Equal rights in education.
• Article 16: Equality in marriage and family relations.

 

Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT)

Adopted: 1984

Entered into Force: 1987

Summary: CAT prohibits torture under any circumstances and requires states to prevent and punish acts of torture. It establishes the Committee Against Torture to monitor compliance.

Key Provisions:

• Article 2: Prohibition of torture.
• Article 3: Prohibition of refoulement (returning individuals to countries where they may face torture).
• Article 16: Prevention of cruel, inhuman, or degrading treatment.

 

Convention on the Rights of the Child (CRC)

Adopted: 1989

Entered into Force: 1990

Summary: The CRC is the most widely ratified human rights treaty. It sets out the civil, political, economic, social, and cultural rights of children. It emphasizes the best interests of the child and the right to participate in decisions affecting them.

Key Provisions:

• Article 6: Right to life and development.
• Article 12: Right to express views freely.
• Article 28: Right to education.

 

Convention on the Rights of Persons with Disabilities (CRPD)

Adopted: 2006

Entered into Force: 2008

Summary: The CRPD promotes the rights and dignity of persons with disabilities. It covers areas such as accessibility, education, employment, and participation in political and public life.

Key Provisions:

• Article 5: Equality and non-discrimination.
• Article 24: Right to inclusive education.
• Article 27: Right to work and employment.

 

The transformation of the UDHR into binding treaties and conventions represents a significant achievement in the global effort to protect and promote human rights. These instruments have provided a legal framework for holding states accountable and advancing the realization of human rights worldwide. While challenges remain in ensuring universal ratification and effective implementation, the treaties and conventions derived from the UDHR continue to serve as powerful tools for justice, equality, and human dignity. The journey from declaration to binding law underscores the enduring relevance of the UDHR and the international community’s commitment to upholding its principles.