UDHR 1948
Civil & Political Rights
Universal Declaration of Human Rights | Articles 3 – 21
LL.B. Study Resource · Based on the Uploaded Document
📘 Simple Explanation Notes
What are Civil & Political Rights?
- Definition: Civil & Political Rights protect individuals from abuses by governments and private entities and ensure their participation in civil and political life.
- Source: Enshrined in Articles 3–21 of the Universal Declaration of Human Rights (UDHR), adopted by the UN General Assembly on 10 December 1948.
- Nature: These are negative rights — they require the State to refrain from certain actions (e.g., not torture, not arbitrarily arrest).
- Universality: Apply to every human being regardless of race, sex, language, religion, nationality, or any other status (Art. 2).
- Legal force: Though the UDHR is not a binding treaty, it has attained customary international law status and forms the basis of subsequent binding covenants (ICCPR).
Why Study These Articles?
- Forms the constitutional backbone of fundamental rights chapters in most national constitutions.
- Frequently cited in Supreme Court and High Court judgments across the world.
- Essential for LL.B. papers on Human Rights Law, Constitutional Law, and International Law.
- Provides the philosophical foundation for understanding rule of law, due process, and personal liberty.
📖 Articles 3–21 — Detailed Tabs
Click any article tab below to explore its explanation and real-world example.
📊 Summary Table — Quick Reference
| Article | Right / Freedom | Key Provision | Real-World Example |
|---|---|---|---|
| Art. 3 | Life, Liberty & Security | Everyone has the right to life, liberty and security | State cannot impose death penalty arbitrarily |
| Art. 4 | Freedom from Slavery | Slavery and slave trade prohibited in all forms | Human trafficking is a violation of Art. 4 |
| Art. 5 | Freedom from Torture | No cruel, inhuman or degrading treatment | Police brutality during interrogation |
| Art. 6 | Legal Personality | Right to be recognised as a person before law | Stateless persons denied identity documents |
| Art. 7 | Equality before Law | Equal protection without discrimination | Dalits denied equal access to courts |
| Art. 8 | Right to Remedy | Effective remedy by competent tribunals | Writ petitions (Habeas Corpus) in India |
| Art. 9 | No Arbitrary Arrest | No arbitrary arrest, detention or exile | Preventive detention without charge |
| Art. 10 | Fair & Public Trial | Independent, impartial tribunal for all | Secret military tribunals violate Art. 10 |
| Art. 11 | Presumption of Innocence | Innocent until proved guilty; no retroactive penalty | Ex-post-facto criminal laws barred |
| Art. 12 | Right to Privacy | No arbitrary interference with privacy or home | Illegal phone tapping by government |
| Art. 13 | Freedom of Movement | Free to move within & leave any country | Travel bans imposed without legal basis |
| Art. 14 | Right to Asylum | Seek asylum in other countries from persecution | Syrian refugees seeking asylum in Europe |
| Art. 15 | Right to Nationality | Cannot be arbitrarily deprived of nationality | Rohingya statelessness in Myanmar |
| Art. 16 | Right to Marry | Free and full consent; equal rights in marriage | Forced child marriages violate Art. 16 |
| Art. 17 | Right to Property | Own property; no arbitrary deprivation | Illegal land acquisition without compensation |
| Art. 18 | Freedom of Religion | Change religion; manifest belief publicly or privately | Anti-conversion laws as Art. 18 violations |
| Art. 19 | Freedom of Expression | Hold opinions; seek & impart information freely | Press censorship, internet shutdowns |
| Art. 20 | Freedom of Assembly | Peaceful assembly & association; no compelled membership | Banning peaceful protest marches |
| Art. 21 | Political Participation | Right to vote & govern; elections by universal suffrage | Gerrymandering diluting minority votes |
🔀 Flowchart — Structure of Civil & Political Rights (Art. 3–21)
🧠 Mind Map — UDHR Civil & Political Rights
🗺 Roadmap — Study & Revision Plan
Stage 1
Basics
- Understand what the UDHR is and when it was adopted (1948).
- Distinguish civil & political rights from economic/social rights.
- Read the Preamble to understand why these rights exist.
- Memorise the principle of universality (Art. 2).
Stage 2
Core Provisions
- Read Articles 3–21 one by one from the original UDHR text.
- Group them: Personal Security (3–5), Legal (6–11), Privacy/Movement (12–15), Family/Property (16–17), Freedoms (18–20), Political (21).
- Write a one-line meaning for each article.
- Prepare the Summary Table from memory.
Stage 3
Applications & Examples
- Link each article to a real-world event or news story.
- Understand constitutional equivalents in your jurisdiction (e.g., Art. 21 Indian Constitution → Art. 3 UDHR).
- Practice distinguishing absolute rights (Art. 4, 5) from qualified rights (Art. 19, 20).
- Write short answer problems applying UDHR articles to fact scenarios.
Stage 4
Case-Law Linkage
- Not found in uploaded document — the UDHR text does not cite case law.
- Supplement from your course materials: ICCPR jurisprudence, UNHRC Communications, and domestic constitutional cases referencing UDHR.
Stage 5
Exam Revision Checklist
- ✅ Can I define each article in one sentence?
- ✅ Can I give a real-world example for each?
- ✅ Do I know which rights are absolute and which are qualified?
- ✅ Can I draw the mind map & flowchart from memory?
- ✅ Have I reviewed the Summary Table?
- ✅ Can I connect UDHR rights to domestic constitutional provisions?
| Stage | Goal | Output / Deliverable |
|---|---|---|
| Stage 1 – Basics | Understand the UDHR context & universality | 1-page summary of what UDHR is |
| Stage 2 – Core Provisions | Memorise all 19 articles (Art. 3–21) | Completed Summary Table from memory |
| Stage 3 – Applications | Apply articles to real scenarios | 10 practice Q&A scenarios |
| Stage 4 – Case Law | Link to ICCPR & domestic judgments | Not found in uploaded doc – supplement externally |
| Stage 5 – Revision | Exam-ready checklist completion | Self-tested checklist + mind map & flowchart |
