Legal Analysis About The Universal Declaration Of Human Rights

Legal analysis about the Universal Declaration of Human Rights

Introduction

In this essay it is about analyzing the philosophical and legal foundations on the Universal Declaration of Human Rights, emphasizing each of the articles that benefit humanity, the same ones that have always sought the happiness and innate freedom that deserves everything to behuman.

Human rights are created after living a time of barbarism full of war, slavery and total ignorance of freedom that every human being deserves for the development of society and humanity.

Human rights are attributes inherent to every human being, this characteristic demonstrates that it does not depend on its recognition for the State, on a nationality, much less a culture to which it belongs, taking into account that no one can snatch them. It is exercised against public power, so the State has the obligation to respect and guarantee them.

The protection of human rights is susceptible to expansion and not restriction;Thus, the responsibility for the effective validity of human rights corresponds to the State;However, many times the State is the main actor for violation of human rights, either by actions, acquiescence or omission.

The main objective of this essay is to know in a practical way the background that human rights have to strengthen the student’s academic support.

Developing

The Universal Declaration of Human Rights, arises from atrocities and the enormous loss of lives during World War II.

This statement was signed in 1948 to provide a common understanding of what rights are. This forms the basis for the world built on freedom, justice and peace.

To talk about human rights is to talk about the universal legal principle of morality recognized by international law as the legal system of the universal declaration that contains the rights characterized by being inalienable, inalienable, independent, progressive, etc.

The Universal Declaration of Human Rights contains 30 universal articles, which are rights that belong to all human beings for the mere fact of being, this characteristic is linked to that of non -discrimination.

These articles are innate to all human beings, without any distinction, since it is assumed that we are born with them, in addition you cannot give up them, even if it is of their own will, and therefore they are also non -transferable, no one but the owner himselfcan use them.

The Universal Declaration of Human Rights contains evolutionary rights in the history of humanity, this means that they are progressive and that it is possible that in the future the category of human law to other rights that in the past were not recognized as were not recognized asSuch appears others that at the time are necessary as necessary to human dignity and, therefore, inherent to every person. As humanity progresses, it is necessary to contemplate new situations, and some of these situations can lead to new human rights. For example, assisted motherhood, decent death or equal marriage are the issues that touch central ethical values and could generate new rights in the future.

The Universal Declaration of Human Rights is issued in the year of 1948 and is the first document that proclaims the 30 rights to which every human being is entitled.

The need to proclaim a legal system recognized internationally on human rights arises from ancient philosophical currents where the person’s dignity began to recognize to respond to universal demands, this was closely linked to natural law.

Thinkers and jurists who promoted the need to create a normative body regarding human rights.

Jean-Jacques Rousseau "Man is born free, but everywhere is chained"

‘Man is born free’ indicates the state of nature, a state where, governed by natural law, every person has the right to freedom and equality.

‘But everywhere is chained’ indicates political societies as they were at that time. The political societies that the authors of the Enlightenment wanted to fight.

Such as private property.

Giovanni Pico della Mirandola (1463-1494) Prayer for the dignity of man, where the position that man has in nature and his path to freedom stands out, he states that man is called to mold his nature by himselfAnd destiny, using his Christian ideology, he states that the creation in the image of divinity is the livelihood of human dignity.

Francisco Suárez, in his work, Legibus Tractatus, writes "The human race, although divided into villages and several kingdoms, has no less a unit not only specific, but also, so to speak, political and moral".

The English philosopher John Locke (1632-1702) exemplifies the transit of human rights tolerance well. If each person is autonomous in their religious beliefs and practices, it should not be disturbed because it does not harm the freedom of others … surely the first of the rights that were recognized as such. (Roca, 2005)

It is in December 1948 that the United Nations General Assembly, composed of 58 states, approved the Universal Declaration of Human Rights, a statement that currently has 30 articles.

Talking about the internationalization of human rights is to speak their integration with international law. International law was conceived as a legal order that governs reciprocal relations between states. The states conclude always based on their national interests. 

International law cares about the fate of the person. Prohibiting slavery by imposing, an important norm in human rights matters, which has, precisely, as a objective the prohibition of submission and forced labor.

Like the fight against slavery and against slave trafficking, diplomatic protection was a precursor to human rights. Diplomatic protection is an institution that goes back to the eighteenth and nineteenth centuries and whose purpose is to protect the interests of nationals living abroad. Diplomatic protection allows, in effect, a state of assuming the cause of its nationals, harmed by another state.

Article one of the Universal Declaration of Human Rights stipulates that all human beings are born free and equal in dignity and rights. They are endowed with reason and conscience, and must act among them in a spirit of brotherhood. The first prayer, all human beings are born free and equal in dignity and rights, is normative and not descriptive. It is important to emphasize this point. This prayer does not describe the state in which people are, but prescribes it. She tells us what all human beings are entitled. Freedom, equality and dignity. Of these three values, it is often the dignity that occurs more. As for equality, clarification is needed.

The Universal Declaration does not guarantee equality in all areas of life, in all aspects it is more precise. Guarantees equality in dignity and rights. In other words, the underlying idea is that all people have the same rights. We see this idea expressed more clearly in article two of the Universal Declaration of Human Rights. This provision tells us: everyone can use all rights and freedoms proclaimed in this statement, without distinction of any kind, including race, color, sex, language, religion, political opinion or religion. Any other opinion of national or social origin, fortune, birth or any other situation.

conclusion

The Universal Declaration of Human Rights of 1948, born after the horrors of World War II, deprives certain people for racial and religious reasons of the most elementary human rights, so that this does not happen again, the universal declaration was proclaimedof human rights where it recognizes rights of equality, freedom, food, civil, political, economic, housing, protection, cultural, social, education, work and environment.

The Universal Declaration of Human Rights (1948) recognized by international law, it could be said that it was the best event of contemporary law, it is a document that proclaims the 30 rights to which every human being is entitled.

Human rights were created with the purpose of limiting power and respecting human dignity.

Bibliography

• Roca, g. AND. (2005). Introduction to the Legal Theory of Human Rights.