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They are endowed with reason and consciousness and","datePublished":"2017-03-04","dateModified":"2017-03-04","author":{"@type":"Person","@id":"https:\/\/wiki.edu.vn\/all2en\/wiki42\/author\/lordneo\/#Person","name":"lordneo","url":"https:\/\/wiki.edu.vn\/all2en\/wiki42\/author\/lordneo\/","image":{"@type":"ImageObject","@id":"https:\/\/secure.gravatar.com\/avatar\/44a4cee54c4c053e967fe3e7d054edd4?s=96&d=mm&r=g","url":"https:\/\/secure.gravatar.com\/avatar\/44a4cee54c4c053e967fe3e7d054edd4?s=96&d=mm&r=g","height":96,"width":96}},"publisher":{"@type":"Organization","name":"Enzyklop\u00e4die","logo":{"@type":"ImageObject","@id":"https:\/\/wiki.edu.vn\/wiki4\/wp-content\/uploads\/2023\/08\/download.jpg","url":"https:\/\/wiki.edu.vn\/wiki4\/wp-content\/uploads\/2023\/08\/download.jpg","width":600,"height":60}},"image":{"@type":"ImageObject","@id":"https:\/\/upload.wikimedia.org\/wikipedia\/commons\/thumb\/e\/eb\/Wien-Parlament%2CMenschenrechte.jpg\/220px-Wien-Parlament%2CMenschenrechte.jpg","url":"https:\/\/upload.wikimedia.org\/wikipedia\/commons\/thumb\/e\/eb\/Wien-Parlament%2CMenschenrechte.jpg\/220px-Wien-Parlament%2CMenschenrechte.jpg","height":"146","width":"220"},"url":"https:\/\/wiki.edu.vn\/all2en\/wiki42\/universal-declaration-of-human-rights\/","wordCount":3343,"articleBody":"\u00abAll human beings are born free and equal in dignity and rights. They are endowed with reason and consciousness and must act towards each other in a spirit of brotherhood. ” ( Art. 1 of the Universal Declaration of Human Rights ) The Universal Declaration of Human Rights It is a document on the rights of the person, adopted by the United Nations General Assembly in its third session, on 10 December 1948 in Paris with the resolution 219077A. His acronym in English is UDHR (Universal Declaration of Human Rights) . Parliament of Vienna, the first article of the Universal Declaration of Human Rights. The declaration is the result of a secular elaboration, which starts from the first classical-European ethical principles established by the Bill of Rights and the declaration of independence of the United States of America, but above all by the declaration of human and citizen rights spread in the 1789 During the French Revolution, whose basic elements (the civil and political rights of the individual) merged largely to this card. 48 members out of 58 voted in favor. No country declared themselves against it. However, from the beginning of the debate, several critical issues emerged. Diversity of national stories, philosophical and economic systems hindered the attempt to find a common denominator and the application of the declaration by some states. The approval of the final version of the declaration saw the abstention of eight states and met strong reserves by other countries. This document is the basis of many of the civil conquests of the twentieth century and was to be applied in all Member States. [first] Some law experts have argued that this declaration has become binding as part of customary international law being continually mentioned for over 50 years in all countries. [2] Debate [ change | Modifica Wikitesto ] Among the abstentions there was South Africa. The position of this state can be attributed to the attempt to protect the apartheid system, which clearly violated several articles of the declaration. Another state to refrain was the Soviet Union. During the debate, during the session of January 1947, the representatives of state discussed freedoms of speech, meeting, association and press (future articles 19 and 20). On this occasion it emerged as the Soviet system, as well as its recently approved constitution, provided for freedom of expression only in accordance with the interests of workers and to strengthen the system. Another criticality was represented by freedom of worship (future article 18); In the socialist system, religious community and churches were opposed, the Marxist doctrine refused the belief in the supernatural. The Muslim Arab world was scarcely represented in the assembly. Only part of the Arab-Muslim countries opposed the declaration and today there is no shortage of intellectuals who affirm the need for a new Islam open to dialogue with other cultures, however all the member states of the psal and of the Islamic Council of Europe have Developed declarations (including the Islamic declaration of human rights) which often express positions distant from the culture in force in the western world. The problem arose mainly from the fact that while in the declaration the foundation of the law was represented by man, in Muslim law the only legitimized to regulate the relationships between individuals was Allah. [3] Saudi Arabia did not sign the document and provided motivations. The achievement of an agreement on the declaration in 1948 was hindered by two factors: the dissent on some cornerstones (principle of equality, freedom of consciousness and to contract marriage) and the different nature of the systems of law. In particular, Article 16 were the subject of debate (which established the freedom to contract marriage without religious limitations) and article 18 (on freedom of worship), both in contrast with the Islamic law. Despite the adhesion to China’s declaration, one of the prominent figures in the debate on rights, the philosopher Chung-Shu claimed that a complete sharing of the principles was hindered by the different ethical concept of social and political relations. Human relationships at the basis of Chinese coexistence were based on duty towards others rather than in the claim of subjective rights. Chung-shu proposed him his version of the declaration. The first right of man was to live. In line with Confucian philosophy and communist doctrine, Chun-Shu stated that the recognition of a right to an individual had to be balanced by a duty towards society. The man had to live with a sense of dignity contributing to the well-being and progress of society, and for this purpose he had to enjoy a right to self-expression. The philosopher claimed that life should not be only decent but also intimately pleasant; Psychological satisfaction determined an inner serenity, a necessary condition for world peace. [4] Due to the disputes that emerged from the debate, several authors consider the Eurocentric declaration. Although the disputes around it have gone to diminish with the progressive advance, over the years, of western culture in the rest of the world, the philosophical debate remains still on. The philosopher Costanzo Province maintains that the claim of universalism of the aforementioned declarations in the establishment of a new religion of human rights. With the coverage of this religion, the neoliberal capitalist system would justify military interventions aimed at the world championship at the expense of the sovereignty of peoples and nations. [5] Similarly, Giacomo Marramao analyzes article 6, which enunciates the right to recognition of one’s personality in every place, regardless of the sovereign territorial state in which we find ourselves and known how it entails a controversial cleaning of the law. Marramao also sees a dynamic component, of historical realization of the declaration, which is explicit in article 28: “Each individual has the right to a social and international order in which the rights and freedoms enunciated in this declaration can be fully made”. In synergy with the narrative based on the metaphor of the wild-vittime-shade construct on which the declaration is based, this article would make the discussion unidirectional and predetermined. [6] The two Covenants from 1966 [ change | Modifica Wikitesto ] After the end of the Second World War, the International Convention on Economic, Social and Cultural Rights followed it then [7] and the International Convention on Civil and Political Rights, developed by the Human Rights Commission and both adopted unanimously by the UN on December 16, 1966. European consequences [ change | Modifica Wikitesto ] He constituted the ideal horizon of the fundamental rights of the European Union, then merged into 2004 in the European Constitution. The text of the European Constitution has never entered into force due to its failure to ratify by some Member States (France and the Netherlands following the majority of the NO to the relative referendum), but the European declaration in any case constitutes a source of Inspiration of the Charter of Fundamental Rights of the European Union proclaimed for the first time in Nice on 7 December 2000, and also having full binding legal value for the EU countries after the entry into force of the Lisbon Treaty on 1 December 2009 [8] Charter of fundamental rights of the European Union as an integral part of the European Constitution. [9] Amnesty International, Human Rights Now!, Concert at the JFK stadium in Philadelphia. Description [ change | Modifica Wikitesto ] The declaration is part of the basic documents of the United Nations together with its own statute. According to some member countries of the UN, the declaration is not binding for the members of the organization while according to others the rights and freedoms recognized by it have an autonomous legal value within the international community and implemented by most nations. This ethical code of fundamental historical importance was the first document to sanction universally (i.e. in every part of the world) the rights that are up to the human being. The declaration consists of a preamble and 30 articles that sanction individual, civil, political, economic, social, cultural rights of each person. The rights of the individual must therefore be divided into two large areas: civil and political rights and economic, social and cultural rights. The declaration can be divided into 7 topics: The preamble enunciates the historical and social causes that led to the need for the drafting of the declaration; Articles 1-2 establish the basic concepts of freedom and equality; Articles 3-11 establish other individual rights; Articles 12-17 establish the individual’s rights against the community; Articles 18-21 sanction the fundamental freedoms (freedom of thought, opinion, of religious faith and of consciousness, of word and of peaceful association); Articles 22-27 sanction economic, social and cultural rights; The final articles 28-30 define general aspects and areas in which they cannot be applied, in particular that they cannot be used against the inspiring principles of the declaration itself. Signatory countries [ change | Modifica Wikitesto ] The Universal Declaration of Human Rights was voted by the Assembly formed at that moment by 58 countries. [Using 1] 48 of them declared themselves in favor and signed the document: Afghanistan, Argentina, Australia, Belgium, Burma, Bolivia, Brazil, Canada, Chile, China, Colombia, Costa Rica, Cuba, Denmark, Ecuador, Egypt, El Salvador, Ethiopia, Philippines, France, Greece, Guatemala, Haiti, Iceland, India, Iran, Iraq, Lebanon, Liberia, Luxembourg, Mexico, Netherlands, New Zealand, Nicaragua, Norway, Pakistan, Panama, Paraguay, Peru, Dominican Republic, Siam, Sweden , Syria, United Kingdom, United States of America, Turkey, Uruguay and Venezuela. 8 countries abstain: Saudi Arabia, RSS Belarusian, [ten] Czechoslovakia, Yugoslavia, Poland, Soviet Union, South Africa and Ukrainian RSS. [ten] 2 countries did not participate at the time of the vote: Yemen and Honduras. No country voted against. [11] [twelfth] Annotations Sources ^ ( IN ) Universal Declaration of Human Rights . are un.org\/en , General Assembly of the United Nations, 10 December 1948. URL consulted on November 25, 2018 . ^ ( IN ) Hurst Hannum, THE UDHR IN NATIONAL AND INTERNATIONAL LAW ( PDF ), are cdn2.sph.harvard.edu . URL consulted on November 25, 2018 . ^ Studocu.com , https:\/\/www.studocu.com\/it\/document\/unoversita-degli-studi-di-cassino-e-del-lazio-meridionale\/anTropologia\/riassuntti\/diritti-umani-e-diversita-culturale\/2057698\/View . ^ Lo chung-shu, A Confucian approach to human rights . are en.unesco.org . URL consulted on December 3, 2020 . ^ Costanzo Preve, Praise of Community , Naples, countercurrent, 2006. ^ Chapter 9 – Rights. From the “Hobbesian Order” to the cosmicism of the difference Giacomo Marramo, The passion of this , Turin, Bollati Boringhieri, 2008, pp. 169-186. ^ Ohchr . ^ The Lisbon Treaty . are Europarl.europa.eu , European Parliament. URL consulted on November 25, 2018 . ^ ( FR ) Universal Declaration of Human Rights: History of its drafting . are Research.un.org . URL consulted on November 25, 2018 . ^ a b Belarus and Ukraine were federated republics of the Soviet Union, therefore not sovereigns, however the central government of Moscow guaranteed their presence to the United Nations as normal members together with the Soviet Union. ^ UniPD . ^ Left . ( IN ) Official site . are un.org . ( IN ) Universal Declaration of Human Rights . are British encyclopedia Encyclopaedia Britannica, Inc. Universal Declaration of Human Rights . are ohchr.org . The Universal Declaration of Human Rights commented by Prof. Antonio Papisca, Unesco chair “Human Rights, Democracy and Peace” of the University of Padua . are unipd-centrodirittiumani.it . Universal Declaration of Human Rights (1948) . are unipd-centrodirittiumani.it , University of Padua. URL consulted on November 24, 2018 . Those fundamental and impaired principles: the Universal Declaration of Human Rights . are Left.it , Left. URL consulted on November 24, 2018 . ( IN ) International Covenant on Civil and Political Rights (Adopted and opened for signature, ratification and accession by General Assembly resolution 2200A (XXI) of 16 December 1966 entry into force 23 March 1976, in accordance with Article 49) . are ohchr.org , United Nations Organization. URL consulted on November 25, 2018 . "},{"@context":"http:\/\/schema.org\/","@type":"BreadcrumbList","itemListElement":[{"@type":"ListItem","position":1,"item":{"@id":"https:\/\/wiki.edu.vn\/all2en\/wiki42\/#breadcrumbitem","name":"Enzyklop\u00e4die"}},{"@type":"ListItem","position":2,"item":{"@id":"https:\/\/wiki.edu.vn\/all2en\/wiki42\/universal-declaration-of-human-rights\/#breadcrumbitem","name":"Universal Declaration of Human Rights"}}]}]