The Pros And Cons Of The Universal Declaration Of Human Rights

Human rights are the basic international rights and freedoms demonstrated in the Universal Declaration of Human Rights. They are said to establish a “common standard of achievement for all peoples and all nations” universally, meaning they are equal and inalienable (UN General Assembly, 1948). The creation of the European Convention of Human Rights secured that these rights would be observed, collectively (ECHR, 1950). Human Rights are categorised into three types; Absolute rights – such as the right to protection from torture, Limited rights – which may be limited under explicit and finite circumstances such as the right to liberty, and Qualified rights – which under limited circumstances it is possible to interfere with for example freedom of expression (Ministry of Justice, 2006). As Cushman (2012) states, these rights protect the individual from the encroachment or the excessive powers of the state; enabling them to access the judicial resources needed.

They have also been influenced by the Bill of Rights, the Habeas Corpus and the Magna Carta. Whilst this is of little legal importance today it clearly demonstrates early efforts to place restrictions on monarchical sovereignty and places an emphasis on the rights belonging to the individual (Barnett, 2014). The horrors of world war two highlighted a need for human rights but rather it was part of a prolonged political process. In 1998 the Human Rights Act was passed following Labours wider comprehensive program of constitutional