⚖️ This resource is for educational purposes only and does not constitute legal advice.
Universal Declaration of Human Rights
Section D · Duties & Limitations · Articles 28 – 30
Article 28
Right to a Social & International Order
"Everyone is entitled to a social and international order in which the rights and freedoms
set forth in this Declaration can be fully realized."
📌 Simple Explanation
- Article 28 is about the environment needed for human rights to actually work.
- It is not enough to just list rights on paper — there must be a proper social order (within a country) and international order (among nations) that allows those rights to be lived out in practice.
- This article recognizes that individual rights depend on collective structures — governments, institutions, and global cooperation.
- It places a duty on States to create and maintain conditions in which rights are realizable.
🔑 Key Points
- "Entitled" — It is a right, not a privilege.
- "Social order" — Domestic laws, governance, institutions within a State.
- "International order" — Treaties, UN system, international cooperation.
- "Fully realized" — Not just technically available, but genuinely accessible.
- This article is often called a "meta-right" — a right to conditions that enable all other rights.
📚 Practical Example:
A country that has signed the UDHR but maintains extreme poverty, lacks free courts, or has a corrupt police force violates Article 28 — because its social order does not allow rights to be fully realized. Similarly, if rich nations refuse to help poor nations achieve basic rights through trade or aid, they may violate the "international order" dimension.
A country that has signed the UDHR but maintains extreme poverty, lacks free courts, or has a corrupt police force violates Article 28 — because its social order does not allow rights to be fully realized. Similarly, if rich nations refuse to help poor nations achieve basic rights through trade or aid, they may violate the "international order" dimension.
📊 Summary Table — Article 28
| Concept | Meaning | Key Point | Example |
|---|---|---|---|
| Social Order | Domestic structure enabling rights | State's internal duty | Independent judiciary, free press |
| International Order | Global framework for rights | States cooperate globally | UN peacekeeping, human rights treaties |
| Meta-Right | Right to conditions for all rights | Structural guarantee | Anti-poverty programmes |
| "Fully realized" | Rights must be practically accessible | Not just nominal | Free legal aid for the poor |
⚠️ Limitations / Criticism
- Article 28 is aspirational — no specific enforcement mechanism.
- Defining what counts as a proper "international order" is politically contested.
- Wealthy nations may disagree on their obligations toward poorer states.
Article 29
Duties to Community & Limitations on Rights
29(1): "Everyone has duties to the community in which alone the free and
full development of his personality is possible."
29(2): "In the exercise of his rights and freedoms, everyone shall be subject only to such limitations as are determined by law solely for the purpose of securing due recognition and respect for the rights and freedoms of others and of meeting the just requirements of morality, public order and the general welfare in a democratic society."
29(3): "These rights and freedoms may in no case be exercised contrary to the purposes and principles of the United Nations."
29(2): "In the exercise of his rights and freedoms, everyone shall be subject only to such limitations as are determined by law solely for the purpose of securing due recognition and respect for the rights and freedoms of others and of meeting the just requirements of morality, public order and the general welfare in a democratic society."
29(3): "These rights and freedoms may in no case be exercised contrary to the purposes and principles of the United Nations."
📌 Article 29(1) — Duties to Community
- Human beings are social creatures — they grow, develop, and flourish only within a community.
- Therefore, everyone owes duties (responsibilities) to that community.
- Rights and duties are two sides of the same coin.
- Example duties: paying taxes, obeying laws, respecting others' rights, civic participation.
📌 Article 29(2) — Permitted Limitations on Rights
- Rights are not absolute — they can be limited, but only under strict conditions.
- A limitation is valid only if it satisfies all four of the following tests:
- Determined by Law — must have a legal basis (not arbitrary government action).
- Respecting Others' Rights — to protect rights and freedoms of other people.
- Morality — to meet requirements of public morality.
- Public Order & General Welfare — in a democratic society (not authoritarian).
All limitations must be proportionate and necessary — the least restrictive means should be used.
📌 Article 29(3) — UN Purposes as Outer Limit
- Even with valid limitations, no one can use rights against the UN Charter's purposes.
- This prevents misuse of freedoms to undermine international peace and cooperation.
📚 Practical Example:
29(1): A citizen has freedom of movement but also a duty to obey traffic laws — they can't drive recklessly and endanger the community.
29(2): Freedom of speech is a right, but a government can lawfully restrict speech that incites racial hatred — because it meets all four tests (law, others' rights, morality, public order).
29(3): No one can claim freedom of association to form an armed militia targeting another UN member state — that violates UN purposes.
29(1): A citizen has freedom of movement but also a duty to obey traffic laws — they can't drive recklessly and endanger the community.
29(2): Freedom of speech is a right, but a government can lawfully restrict speech that incites racial hatred — because it meets all four tests (law, others' rights, morality, public order).
29(3): No one can claim freedom of association to form an armed militia targeting another UN member state — that violates UN purposes.
📊 Summary Table — Article 29
| Clause | Core Rule | Key Requirement | Example |
|---|---|---|---|
| 29(1) | Duties to community | Community is necessary for personality development | Pay taxes, follow laws |
| 29(2) — Test 1 | Limitation by law | Must have legal basis | Parliament passes hate-speech law |
| 29(2) — Test 2 | Protect others' rights | Limitation protects third-party rights | Privacy laws limit free press |
| 29(2) — Test 3 | Morality | Socially accepted moral standards | Decency laws on obscene content |
| 29(2) — Test 4 | Public order & welfare | Democratic society requirement | Curfew during riots |
| 29(3) | UN Purposes | Rights cannot destroy UN principles | Cannot form militia against a UN state |
Article 30
Prohibition of Destruction of Rights
"Nothing in this Declaration may be interpreted as implying for any State, group or person any right
to engage in any activity or to perform any act aimed at the destruction of any of the rights and
freedoms set forth herein."
📌 Simple Explanation
- Article 30 is the safety valve of the UDHR — it prevents the Declaration itself from being weaponized.
- No State, group, or individual can use the UDHR as justification to destroy any of the rights it guarantees.
- It protects the Declaration from internal contradiction and misuse.
- Sometimes called the "abuse clause" or "anti-destruction clause".
🔑 Who Does It Apply To?
- States — Governments cannot use the UDHR to justify wiping out rights (e.g., using "national welfare" to eliminate freedom of speech entirely).
- Groups — Political parties, organizations, movements cannot invoke freedoms to destroy democracy or rights of others.
- Persons — Individuals cannot claim a right to destroy another's rights (e.g., claim freedom of speech to organize genocide).
⚡ Key Legal Concept: "Militant Democracy"
- Article 30 is linked to the idea of Militant/Defensive Democracy — a democracy that defends itself against those who would use democratic freedoms to destroy democracy itself.
- Famous example: German Basic Law Article 18 — abusing freedoms can lead to their forfeiture.
📚 Practical Example:
Scenario 1: A political party uses freedom of assembly (Article 20) to organize mass persecution of a minority group. Article 30 means they cannot claim Article 20 protects this — because the activity aims at destroying the minority's rights.
Scenario 2: A government argues that freedom of religion (Article 18) means it must allow a cult that practices forced marriage of children. Article 30 blocks this — because it destroys the children's rights under Articles 4 and 16.
Scenario 1: A political party uses freedom of assembly (Article 20) to organize mass persecution of a minority group. Article 30 means they cannot claim Article 20 protects this — because the activity aims at destroying the minority's rights.
Scenario 2: A government argues that freedom of religion (Article 18) means it must allow a cult that practices forced marriage of children. Article 30 blocks this — because it destroys the children's rights under Articles 4 and 16.
📊 Summary Table — Article 30
| Actor | What is Prohibited | Key Principle | Example |
|---|---|---|---|
| State | Using UDHR to justify mass rights violations | Anti-abuse clause | Citing "public order" to ban all opposition |
| Group | Exploiting freedoms to destroy others' rights | No right to destroy rights | Party using free assembly to plan ethnic cleansing |
| Person | Individual acts that destroy UDHR rights | Rights protect, not destroy | Hate preacher using free speech to call for murder |
| Overall | Contradictory interpretation of the UDHR | Internal consistency of Declaration | Preventing the UDHR from undermining itself |
🔗 Relationship with Article 29
- Article 29(2) allows limitations on rights (partial restriction with legal justification).
- Article 30 goes further — it prohibits actions aimed at complete destruction of rights.
- Together they form a two-tier safeguard: limitation (Art 29) + annihilation prevention (Art 30).
🔄 Flowchart — Structure of Articles 28–30
This flowchart shows how Articles 28, 29, and 30 interrelate in the UDHR framework.
🧠 Mind Map — Articles 28–30 (Duties & Limitations)
🗺️ Learning Roadmap — Articles 28–30
Follow these stages to systematically master Articles 28–30 for LL.B. exams.
1
Stage 1 — Basics: UDHR Foundation
- Understand what the UDHR is and its historical background (1948, post-WWII).
- Learn that the UDHR is structured into three parts: rights (Arts 1–27), social/community obligations (Arts 28–29), and safeguards (Art 30).
- Memorize the exact text of Articles 28, 29, and 30.
- Understand the difference between a "right" and a "duty" in international human rights law.
2
Stage 2 — Core Provisions: Article by Article
- Article 28: Understand "meta-right" concept; social order vs international order; State obligations.
- Article 29(1): Individual duties to community; link between community and personality development.
- Article 29(2): Master the 4-test framework for valid limitations; principle of proportionality.
- Article 29(3): UN Purposes as the outer boundary on rights exercise.
- Article 30: Anti-destruction clause; who is covered; "militant democracy".
3
Stage 3 — Procedures / Application
- Practice applying the Article 29(2) four-test framework to hypothetical exam scenarios.
- Distinguish between valid "limitation" (Art 29) and prohibited "destruction" (Art 30).
- Compare UDHR Art 29(2) with ICCPR Art 19(3) to show continuity in international law.
- Analyze how Art 28 imposes structural obligations on States beyond individual rights.
4
Stage 4 — Case-Law Linkage
⚠️ Not found in uploaded document — provided from general legal knowledge for exam completeness:
- Lawless v. Ireland (1961) — ECtHR on permissible derogations; linked to Art 29 logic.
- Refah Partisi v. Turkey (2003) — ECtHR upheld dissolution of a party; classic Art 30 / militant democracy case.
- Sunday Times v. UK (1979) — "prescribed by law" standard; mirrors UDHR Art 29(2) Test 1.
5
Stage 5 — Exam Revision Checklist
- ☑ Can you quote Arts 28, 29, 30 verbatim (or near-verbatim)?
- ☑ Can you explain "meta-right" in one sentence?
- ☑ Can you name and explain all 4 tests in Art 29(2)?
- ☑ Can you distinguish Art 29 (limitation) from Art 30 (destruction)?
- ☑ Can you give one real-world example for each article?
- ☑ Can you write a short note (6–8 marks) on any one of the three articles?
- ☑ Can you draw the flowchart from memory?
📋 Roadmap Summary Table
| Stage | Goal | Output / Deliverable |
|---|---|---|
| Stage 1 — Basics | Understand UDHR structure & memorize article texts | Written article summaries from memory |
| Stage 2 — Core Provisions | Deep understanding of each article's components | Bullet-point notes per article |
| Stage 3 — Application | Apply rules to problem questions & compare with ICCPR | Solved practice problems |
| Stage 4 — Case-Law | Link articles to real judgments | Case-law table (Case → Article → Principle) |
| Stage 5 — Revision | Exam readiness | Checklist ticked; past questions attempted |