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Documenting the inherent worth of all

By Sev Ozdowski - posted Tuesday, 11 December 2018


Although the Declaration is not binding on states, bynow it forms part of customary international law although its educational power over the years exceeded its legal effect.

Many advances in human rights have been made since 1948 that have improved the lives of millions of people; such as the end of apartheid and the growth of democracy in Latin America and Eastern Europe, and more recently the economic and social development in Asia. The international community has developed an international human rights law system with clearly defined human rights standards.

In fact, 70 years later, this Universal Declaration continues to be the inspiration behind a global movement, while setting the benchmark for the world to attain, and providing a standard against which we can all be judged.

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Human rights in a contemporary world

But much is to be achieved yet.

Today's world is facing enormous human rights challenges. We witness human rights violations associated with the mass arrival of refugees and migrants, Islamic radicalisation and terrorism, inter-cultural conflicts, economic inequality and a range of other human rights ills.

We witness the global instability of superpower realignment and the rise of authoritarian leaders and populism – and that is for starters.

This year the Freedom House, the Washington-based NGO that has been monitoring global freedom since 1941, reported that around the world, political and civil rights sunk to their lowest level for a decade. Even nations that pride themselves on a deep democratic history are slipping on the scale, as trust in institutions is eroded and checks and balances slip out of equilibrium. For example, the United States fell to 86 out of 100 on a scale measuring a wide range of political and individual rights and the rule of law, and the United Kingdom slipped to 94. This trend is a matter of real concern and delivers us a call to action.

Human rights in Australia

There is also much we could do in Australia.

Australia is the only first world country without significant constitutional protections of civil liberties and without a statutory bill of rights. Currently our Parliament can legislate for apartheid style laws and the High Court could uphold them as agreeing with our Constitution.

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There are many other human rights issues that could be improved upon. For example, economic and social rights of Indigenous Australians require massive attention. Violence against women stays at significant levels. Anti-terrorist laws need to ensure both a proportional response to a threat and protection our civil liberties. Further changes are needed to make our immigration laws and practices compliant with the international human rights standards.

All these changes are easily achievable with more leadership. We need leadership of the quality and vision provided by Eleanor Roosevelt during her work on the Universal Declaration.

In Conclusion

Much more needs to be done to promote human rights culture world-wide. Australia, for example, needs to give a higher priority to the human rights education at our schools. Culture around human rights is not automatically acquired at the birth or through DNA. Human rights standards need to be learned by each generation and transferred to the next.

The UDHR, its history, and the principles it exposes provides good focus for such education. The promotion of human rights culture is of special importance in societies that are diverse, like Australia, as human rights provide an internationally recognized set of secular standards, that are universal and apply to all peoples regardless of their culture, religion, gender or any other characteristic. Domestic bills of rights usually have a strong educational value, too.

And let us remember, that human rights education is not about preserving status quo but about advancing just and better society. The UDHRremains the best conceptual tool to oppose populism, nationalism, chauvinism and isolationism.

The ultimate test of our commitment to human rights as a nation, however, is not what we aspire to, not the conventions we sign, and not even the laws that are set in place. Rather it is how we treat our most vulnerable and powerless. Human rights promote human dignity, justice and freedoms. They are the vehicle that enables people to flourish without fear, intimidation, or persecution. Human rights are about empowerment and good community relations.

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About the Author

Dr Sev Ozdowski OAM is Adjunct Professor at the Centre for Peace and Conflict Studies, The University of Sydney and was Australian Human Rights Commissioner and Disability Discrimination Commissioner (2000-05).

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Creative Commons LicenseThis work is licensed under a Creative Commons License.

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