Revisiting the UDHR and its immediate intellectual context : an analysis of key debates in philosophy of human rights in the 1940s

Abstract

This term paper revisits the Universal Declaration of Human Rights, and its travaux préparatories with the aim of analysing the key debates in philosophy of Human rights at the time of the drafting. Emphasis is put on the role of the drafting committee mem bers and their contribution in shaping the UDHR, especially in their discussions on the nature of the Declaration. The drafting Committee avoided taking a clear-cut decision on the theoretical foundation of these rights. One interpretation for this, as explored in this research is that it was not practical for the states to agree on the theoretical foundations, as they all came from different cultures, religions and political backgrounds.

The methodology used to collect the required data was the literature review methodology whereby, primary and secondary sources were critically analysed. The study found out that although there is a sharp critique on the enforceability and universality of the UDHR, this Declaration with its flaws should not be discarded by this, for its the first of its kind. There was no document which enjoyed the same international political consensus. It proposes a broader approach to the UDHR, which goes beyond the reduction of the Declaration to legal rights but suggests the outlook of a culture of human rights. The UDHR provides a considerable promising role for human rights, to continue representing our fight for a more Peaceful, Fair and Just community.