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4 Universality of Human Rights

From: Human Rights: Between Idealism and Realism, Third Edition

Christian Tomuschat

Content type:
Book content
Product:
Oxford Scholarly Authorities on International Law [OSAIL]
Series:
Collected Courses of the Academy of European Law
Published in print:
01 September 2014
ISBN:
9780199683734

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 27 September 2023

Subject(s):
States, equality — Treaties, reservations and declarations — Treaties, observance — Conflicts between — Capital punishment — Gender — Conscientious objection — Regional organizations
The statement in Article 1 UDHR that ‘[a]‌ll human beings are born free and equal in dignity and rights’ leads unavoidably to the conclusion that human rights must be universal, belonging to the natural assets of everyone, independently of any personal characteristics. Thus the UDHR may be deemed to constitute a manifesto advocating the universality of human rights.1 Only recently did the GA affirm once again: ‘The universal nature of [all human rights and fundamental freedom] is beyond question.’2 Questions do nonetheless arise. Can there really be a common...
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