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The Universal Declaration of Human Rights at Seventy: Progress and Challenges

Published online by Cambridge University Press:  07 December 2018

Abstract

Now is a good time to take stock of the global progress made toward achieving the ideals enshrined in the Universal Declaration of Human Rights (UDHR), which was passed by the UN General Assembly seventy years ago. Though the UDHR has played a vital role in advancing human rights globally, threats to human rights are ever present. Two issues in particular stand out as barriers to further progress. The first is state sovereignty, which presents a fundamental challenge to any effort to establish universal norms. Without strong global institutional mechanisms to ensure implementation, UDHR's impact remains limited. The second major concern is the “siloing” of human rights efforts, whereby civil and political rights have been given primacy over social and economic rights. Emphasis on some principles to the exclusion of others undermines the comprehensive advancement of human rights. The current state of affairs is a product of the collective failure to address human rights holistically and to implement real monitoring and accountability measures for states, which are directly charged with upholding them within their borders.

Type
Essay
Copyright
Copyright © Carnegie Council for Ethics in International Affairs 2018 

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References

NOTES

1 Landman, Todd, Protecting Human Rights: A Comparative Study (Washington, D.C.: Georgetown University Press, 2005)Google Scholar; Landman, Todd, “Social Magic and the Temple of Human Rights: Critical Reflections on Stephen Hopgood's Endtimes of Human Rights,” in Lettinga, Doutje and van Troost, Lars, eds., Debating the Endtimes of Human Rights: Activism and Institutions in a Neo-Westphalian World, The Strategic Studies Project, Amnesty International Netherlands (2014)Google Scholar; and Sikkink, Kathryn, Evidence for Hope: Making Human Rights Work in the 21st Century (Princeton, N.J.: Princeton University Press, 2017)Google Scholar.

2 Hopgood, Stephen, The Endtimes of Human Rights (Ithaca, N.Y.: Cornell University Press, 2013)Google Scholar; and Moyn, Samuel, Not Enough: Human Rights in an Unequal World (Cambridge, Mass.: Harvard University Press, 2018)CrossRefGoogle Scholar.

3 Paul Gordon Lauren, “History of Human Rights,” and Freeman, Michael, “Philosophy,” in Forsythe, David P., ed., Encyclopedia of Human Rights (New York: Oxford University Press, 2009)Google Scholar.

4 See Roberts, Christopher N. J., The Contentious History of the International Bill of Rights (New York: Cambridge University Press, 2015)Google Scholar.

5 Clark, Ann Marie and Sikkink, Kathryn, “Information Effects and Human Rights Data: Is the Good News about Increased Human Rights Information Bad News for Human Rights Measures?Human Rights Quarterly 35, no. 3 (2013), pp. 539–68CrossRefGoogle Scholar.

6 Cardenas, Sonia, “Human Rights in Comparative Politics,” in Goodhart, Michael, ed., Human Rights Politics and Practice (Oxford: Oxford University Press, 2013), p. 83Google Scholar.

7 See Friedman, Elisabeth Jay, Hochstetler, Kathryn, and Clark, Ann Marie, Sovereignty, Democracy, and Global Civil Society: State-Society Relations at UN World Conferences (Albany, N.Y.: SUNY Press, 2005)Google Scholar.

8 While Oona Hathaway has argued that human rights treaties do not have a positive impact on human rights performance in states that ratify them, a nuanced analysis of treaty ratification shows that domestic political conditions, especially the strength of civil society, matter in the effectiveness of human rights treaty implementation. Hathaway, Oona A., “Do Human Rights Treaties make a Difference?Yale Law Journal 111, no. 8 (2002), pp. 19352042CrossRefGoogle Scholar; Hafner-Burton, Emilie M. and Tsutsui, Kiyoteru, “Human Rights in a Globalizing World: The Paradox of Empty Promises,” American Journal of Sociology 110, no. 5 (2005), pp. 1373–411CrossRefGoogle Scholar; and Neumayer, Eric, “Do International Human Rights Treaties Improve Respect for Human Rights?Journal of Conflict Resolution 49, no. 6 (2005), pp. 925–53CrossRefGoogle Scholar.

9 Heymann, Jody, McNeill, Kristen, and Raub, Amy, “Rights Monitoring and Assessment Using Quantitative Indicators of Law and Policy: International Covenant on Economic, Social and Cultural Rights,” Human Rights Quarterly 37, no. 4 (2015), pp. 1071–100CrossRefGoogle Scholar.

10 Englehart, Neil A. and Miller, Melissa K., “The CEDAW Effect: International Law's Impact on Women's Rights,” Journal of Human Rights 13, no. 1 (2014), pp. 2247CrossRefGoogle Scholar; and Sandholtz, Wayne, “Treaties, Constitutions, Courts, and Human Rights,” Journal of Human Rights 11, no. 1 (2012), pp.17–32CrossRefGoogle Scholar.

11 True, Jacqui and Mintrom, Michael, “Transnational Networks and Policy Diffusion: The Case of Gender Mainstreaming,” International Studies Quarterly 45, no. 1 (2001), pp. 2757CrossRefGoogle Scholar.

12 Heymann et al., “Rights Monitoring and Assessment”; and True and Mintrom, “Transnational Networks and Policy Diffusion.”

13 Avdeyeva, Olga, “When Do States Comply with International Treaties? Policies on Violence against Women in Post-Communist Countries,” International Studies Quarterly 51, no. 4 (2007), pp. 877900CrossRefGoogle Scholar; and True and Mintrom, “Transnational Networks and Policy Diffusion.”

14 Friedman et al., Sovereignty, Democracy, and Global Civil Society, p. 165.

15 There have been critiques questioning the universality of human rights, for example based on colonial attitudes, see Mutua, Makau W., “Savages, Victims and Saviors: The Metaphor of Human Rights,” Harvard International Law Journal 42, no. 1 (2001), pp. 201–45Google Scholar; or, for example, whether they can be reconciled in relation to democratic principles, see Ignatieff, Michael, “Reimagining a Global Ethic,” Ethics & International Affairs 26, no. 1 (2012), pp. 719CrossRefGoogle Scholar. Yet, these critiques are not of the rights themselves but of the process by which these rights can be ethically implemented given the global power and institutional structures.

16 Salama, Ibrahim, Strengthening the UN Human Rights Treaty Body System: Prospects of a Work in Progress (Geneva: Geneva Academy, 2016)Google Scholar; and website of the Office of the High Commissioner for Human Rights, tbinternet.ohchr.org/_layouts/TreatyBodyExternal/LateReporting.aspx (accessed June 19, 2018).

17 See General Assembly Resolution 60/1, “2005 World Summit Outcome,” A/RES/60/1, adopted September 16, 2005. This document was developed through high-level meetings between member states of the United Nations and it reaffirms state commitment to the UN general principles including human rights and reflects on how to improve all facets of the working of the United Nations on its sixtieth anniversary.

18 Núñez, Denise González, “Peasants’ Right to Land: Addressing the Existing Implementation and Normative Gaps in International Human Rights Law,” Human Rights Law Review 14, no. 4 (2014), pp. 589609CrossRefGoogle Scholar.

19 Landman, Todd and Larizza, Marco, “Inequality and Human Rights: Who Controls What, When, and How,” International Studies Quarterly 53, no. 3 (2009), pp. 715–36CrossRefGoogle Scholar.

20 See Roberts, The Contentious History of the International Bill of Rights, ch. 4.

21 Sen, Amartya, Development as Freedom (New York: Random House, 2000)Google Scholar.

22 Beco, Gauthier de, “Protecting the Invisible: An Intersectional Approach to International Human Rights Law,” Human Rights Law Review 17, no. 4 (2017), pp. 633–63CrossRefGoogle Scholar.

23 Harvey, David, A Brief History of Neoliberalism (New York: Oxford University Press, 2005)Google Scholar.

24 UNDP, Democratic Governance Reader: A Reference for UNDP Practitioners (2009), p. 6, www.undp.org/content/dam/aplaws/publication/en/publications/democratic-governance/oslo-governance-center/democratic-governance-reader/DG_reader-2009.pdf (accessed May 29, 2018).

25 Sen, Development as Freedom.