Contemplating the Universal Declaration of Human Rights

All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood.

Article 1
Universal Declaration of Human Rights


DEC 13 — When I first read the Universal Declaration of Human Rights, I felt a sense of awe. There is majesty in its words; there is power in its simplicity. It affirms who we are, what we are entitled to, and sets forth how we should treat one another in modern society.

When the UDHR was adopted by the United Nations General Assembly 60 years ago, on Dec 10, 1948, the world was emerging from the Second World War. Political leaders were struggling to understand how the slaughter of millions could have happened. They had never witnessed such degradation of people, such violation of the dignity of men, women and children.

Whereas disregard and contempt for human rights have resulted in barbarous acts which have outraged the conscience of mankind…

Some say that Hitler was a madman, that he was somehow deranged as he authorised the slaughter of millions. I believe otherwise. I believe that Hitler was a rational human being who saw his actions as an act of patriotism. Hitler was an elected leader, who rallied millions of Germans under his leadership. He expounded simple ideas that got at the core of the sufferings of the German people. He identified the enemy, and through scientific justification, logic and research took action on the "inferior" groups and minorities whom he saw as a threat to the supremacy of his people.

In the exercise of what he thought was right, he became the architect of the bloodiest massacre in human history.

Everyone has the right to life, liberty and security of person.

The basic premise of the Universal Declaration of Human Rights is that all people, regardless of race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status, are entitled to basic rights and freedoms which have to be respected, promoted, and protected by all.

All actions and decisions, whether by people or states, cannot violate these rights and freedoms. This is the foundation of modern societies.

Law enforcement authorities, therefore, cannot arrest individuals arbitrarily and keep them detained without a judicial mechanism to check the use of their power.

Torture and the cruel, inhumane or degrading treatment of individuals are prohibited.

Everyone has the right to have their grievances heard and to obtain effective remedy by a competent authority, regardless of income levels, social connections or immigration status.

Anyone persecuted has the right to seek and to enjoy asylum.

Everyone has the right to freedom of thought, conscience and religion, including the freedom to change these.

Everyone has the right to assemble peacefully, and to join associations of their own free will.

Everyone, as a member of society, has the right to social security and is entitled to realisation… of the economic, social and cultural rights indispensable for his dignity and the free development of his personality.

Everyone has the right to work under just and favourable conditions, and to choose their own form of employment.

Everyone has the right to rest and leisure.

Everyone has the right to a standard of living adequate for health, to education, and to free participation in the cultural life of their community.

Everyone is entitled to a social and international order in which the rights and freedoms set forth in this Declaration can be fully realised.

The truth is that human beings are still suffering from warfare, poverty, torture, and violations of their freedoms and dignity.

In Malaysia, we have migrant workers whose work permits get cancelled when they complain of unpaid wages — they have no effective means of obtaining redress, because they are considered "illegal" and are subject to arrest, detention and deportation before the courts make decisions on their cases.

We have refugees who are whipped for immigration offences, stateless people who spend years in detention in squalid conditions, and children who are sentenced to indefinite incarceration.

We have Orang Asli whose traditional lands are taken from them in the name of development; we have urban poor whose houses are destroyed as they protest their eviction.

How do we make sense of these realities in society? How do we judge if these are morally and legally right? How to do we set limits on the treatment of our fellow men and women, regardless of their background?

This is the purpose of the Universal Declaration of Human Rights — to guide our actions and decisions so that we respect the fundamental human dignity of one another no matter what our differences.

The UDHR is the most widely-translated document in the world. The UN General Assembly urges all UN members (states) "to cause it to be disseminated, displayed, read and expounded principally in schools and other educational institutions, without distinction based on the political status of countries or territories." The mandate of Suhakam is guided by the UDHR.

As we celebrate the 60th anniversary of the UDHR, let us contemplate its magnificent text. Let us imagine what kind of society we would have if these rights were respected, promoted and protected. Let us claim these rights, not just for ourselves but for those who are more vulnerable than us. Let us play our part in the creation of a free, just and peaceful world.

The Malaysian Insider
13/12/08

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