2002•Cambridge University Press eBooksRequires access

TheUniversal Declaration of Human Rightsand recognition of the right to life

William A. Schabas

Open publisher page 0 citations

Abstract

The cornerstone of contemporary human rights law is the Universal Declaration of Human Rights , adopted by the General Assembly of the United Nations on 10 December 1948. The Universal Declaration was complemented, some eighteen years later, by three international treaties, the International Covenant on Civil and Political Rights , the International Covenant on Economic, Social and Cultural Rights , and the Optional Protocol to the International Covenant on Civil and Political Rights. A Second Optional Protocol to the International Covenant on Civil and Political Rights Aiming at the Abolition of the Death Penalty was adopted by the United Nations General Assembly in December 1989, and came into force on 11 July 1991. Collectively, the five instruments comprise what is termed the ‘International Bill of Rights’. Although the Universal Declaration is not a binding treaty, it has played a seminal role not only in the United Nations system but also in the regional systems for the protection of human rights. The Universal Declaration is often cited, at least in part, as a statement or codification of customary international law, or as an authoritative interpretation of the human rights clauses in the Charter of the United Nations. According to the International Court of Justice, ‘General Assembly resolutions, even if they are not binding, may sometimes have normative value. They can, in certain circumstances, provide evidence important for establishing the existence of a rule or the emergence of an opinio juris .

About this research paper

What this paper is about

The cornerstone of contemporary human rights law is the Universal Declaration of Human Rights , adopted by the General Assembly of the United Nations on 10 December 1948. The Universal Declaration was complemented, some eighteen years later, by three international treaties, the International Covenant on Civil and Political Rights , the International Covenant on Economic, Social and Cultural Rights , and the Optional Protocol to the International Covenant on Civil and Political Rights. A Second Optional Protocol to the International Covenant on Civil and Political Rights Aiming at the Abolition of the Death Penalty was adopted by the United Nations General Assembly in December 1989, and came into force on 11 July 1991. Collectively, the five instruments comprise what is termed the ‘International Bill of Rights’. Although the Universal Declaration is not a binding treaty, it has played a seminal role not only in the United Nations system but also in the regional systems for the protection of human rights. The Universal Declaration is often cited, at least in part, as a statement or codification of customary international law, or as an authoritative interpretation of the human rights clauses in the Charter of the United Nations. According to the International Court of Justice, ‘General Assembly resolutions, even if they are not binding, may sometimes have normative value. They can, in certain circumstances, provide evidence important for establishing the existence of a rule or the emergence of an opinio juris .

Why it matters

A significance statement is not available in the OpenAlex record.

Key contribution

A contribution statement is not available in the OpenAlex record.

Method / approach

Method details are not available in the OpenAlex metadata.

Main findings

Findings are not separately available in the OpenAlex metadata.

Limitations

Limitations are not available in the OpenAlex metadata.

Applications

Application details are not available in the OpenAlex metadata.

Available abstract

The cornerstone of contemporary human rights law is the Universal Declaration of Human Rights , adopted by the General Assembly of the United Nations on 10 December 1948. The Universal Declaration was complemented, some eighteen years later, by three international treaties, the International Covenant on Civil and Political Rights , the International Covenant on Economic, Social and Cultural Rights , and the Optional Protocol to the International Covenant on Civil and Political Rights. A Second Optional Protocol to the International Covenant on Civil and Political Rights Aiming at the Abolition of the Death Penalty was adopted by the United Nations General Assembly in December 1989, and came into force on 11 July 1991. Collectively, the five instruments comprise what is termed the ‘International Bill of Rights’. Although the Universal Declaration is not a binding treaty, it has played a seminal role not only in the United Nations system but also in the regional systems for the protection of human rights. The Universal Declaration is often cited, at least in part, as a statement or codification of customary international law, or as an authoritative interpretation of the human rights clauses in the Charter of the United Nations. According to the International Court of Justice, ‘General Assembly resolutions, even if they are not binding, may sometimes have normative value. They can, in certain circumstances, provide evidence important for establishing the existence of a rule or the emergence of an opinio juris .

Key concepts: International Covenant on Civil and Political Rights, Human rights, Cultural rights, Right to property, Political science, International human rights law, Declaration, Covenant

Related papers

Back to paper searchBrowse research topicsOriginal source
TheUniversal Declaration of Human Rightsand recognition of the right to life — Research Paper | ScholarLens