Universal Declaration of Human Rights , 1948

Universal Declaration of Human Rights 1948 – LL.B. Study Guide
⚖️ This resource is for educational purposes only and does not constitute legal advice.
LL.B. Study Guide

Universal Declaration of Human Rights

United Nations · 1948 · 30 Articles · Complete Study Notes

Overview

What is the UDHR?

  • The Universal Declaration of Human Rights (UDHR) was adopted by the United Nations General Assembly on 10 December 1948.
  • It is a milestone document in the history of human rights — the first global statement of what all human beings are inherently entitled to.
  • It contains a Preamble + 30 Articles.
  • It is not a legally binding treaty by itself, but forms the basis of international human rights law and many national constitutions.
  • It applies to every person, everywhere, without distinction.
Key Fact: The UDHR is the most translated document in the world — available in over 500 languages.
Preamble

The Preamble – Why Was UDHR Needed?

  • Recognises that inherent dignity and equal rights of all humans are the foundation of freedom, justice, and peace.
  • States that disregard for human rights led to barbarous acts (referring to World War II atrocities).
  • Declares that if human rights are not protected by rule of law, people may be forced to rebel against tyranny.
  • Calls for universal respect and observance of human rights by all Member States.
  • Proclaims the UDHR as a common standard of achievement for all peoples and nations.
Simple Meaning: The Preamble explains WHY the UDHR was created — to prevent the horrors of WWII from ever happening again.
Articles 1–21

Civil & Political Rights

🌐 Equality & Dignity (Articles 1–2)

  • Art. 1 — All humans are born free and equal in dignity and rights; should act with brotherhood.
  • Art. 2 — Rights apply to everyone without distinction of race, colour, sex, language, religion, political opinion, national/social origin, property, birth, or other status.

🔒 Personal Security (Articles 3–5)

  • Art. 3 — Right to life, liberty, and security of person.
  • Art. 4 — Prohibition of slavery and slave trade in all forms.
  • Art. 5 — Prohibition of torture and cruel, inhuman, or degrading treatment or punishment.

⚖️ Legal Rights (Articles 6–11)

  • Art. 6 — Right to recognition as a person before the law.
  • Art. 7 — Equality before the law and equal protection against discrimination.
  • Art. 8 — Right to an effective remedy by national tribunals for rights violations.
  • Art. 9 — No arbitrary arrest, detention, or exile.
  • Art. 10 — Right to fair and public hearing by an independent, impartial tribunal.
  • Art. 11 — Presumption of innocence; no retroactive punishment (penalty heavier than at time of offence is prohibited).

🏠 Privacy & Movement (Articles 12–15)

  • Art. 12 — Right to privacy; no arbitrary interference with home, family, correspondence, honour, or reputation.
  • Art. 13 — Freedom of movement within a state; right to leave and return to one's own country.
  • Art. 14 — Right to seek asylum in other countries from persecution (not applicable for non-political crimes).
  • Art. 15 — Right to a nationality; no one to be arbitrarily deprived of nationality.

👨‍👩‍👧 Family & Property (Articles 16–17)

  • Art. 16 — Right to marry (with free consent) and found a family; equal rights in marriage. Family is the natural, fundamental unit of society.
  • Art. 17 — Right to own property alone or with others; no arbitrary deprivation of property.

🗣️ Freedoms of Thought, Expression & Association (Articles 18–20)

  • Art. 18 — Freedom of thought, conscience, and religion (including freedom to change religion).
  • Art. 19 — Freedom of opinion and expression; right to seek, receive, and impart information through any media.
  • Art. 20 — Freedom of peaceful assembly and association; no one may be compelled to join an association.

🗳️ Political Rights (Article 21)

  • Art. 21 — Right to participate in government directly or through elected representatives; equal access to public service; will of the people = basis of government authority (expressed through genuine, periodic elections by universal, equal, secret suffrage).
Articles 22–27

Social, Economic & Cultural Rights

🏗️ Social Security & Work (Articles 22–24)

  • Art. 22 — Right to social security; entitlement to economic, social, and cultural rights for human dignity.
  • Art. 23 — Right to work; free choice of employment; just/favourable conditions; equal pay for equal work; right to form and join trade unions.
  • Art. 24 — Right to rest and leisure; reasonable working hours; periodic paid holidays.

🏥 Standard of Living & Education (Articles 25–26)

  • Art. 25 — Right to adequate standard of living (food, clothing, housing, medical care); special protection for motherhood and children (whether born in or out of wedlock).
  • Art. 26 — Right to education; free and compulsory elementary education; higher education accessible on merit; education to promote human rights, tolerance, and UN goals; parents' right to choose kind of education for children.

🎨 Cultural Rights (Article 27)

  • Art. 27 — Right to participate in cultural life; enjoy arts; share in scientific advancement; protection of moral and material interests from one's own scientific, literary, or artistic production.
Articles 28–30

Social Order, Duties & Limitations

  • Art. 28 — Right to a social and international order in which UDHR rights can be fully realised.
  • Art. 29 — Everyone has duties to the community. Rights may be limited only by law, only to secure others' rights, and only to meet morality, public order, and general welfare in a democratic society. Rights cannot be exercised contrary to UN purposes.
  • Art. 30 — Nothing in the Declaration implies any right for any State, group, or person to destroy the rights and freedoms set forth herein. (Anti-abuse clause.)
Key Point on Art. 29: Rights are NOT absolute — they can be limited by law, but ONLY for specific, legitimate purposes in a democratic society.
Summary Table

All 30 Articles at a Glance

Article(s) Category Core Right / Meaning Key Point
Art. 1EqualityBorn free & equal in dignitySpirit of brotherhood
Art. 2Non-discriminationRights for all without distinctionNo exclusion based on any status
Art. 3PersonalLife, liberty, securityFundamental triad
Art. 4PersonalNo slavery or servitudeAll forms prohibited
Art. 5PersonalNo torture or degrading treatmentAbsolute prohibition
Art. 6LegalRecognition as a person before lawUniversal legal personhood
Art. 7LegalEquality before lawEqual protection; no discrimination
Art. 8LegalEffective remedyVia national tribunals
Art. 9LegalNo arbitrary arrest/detention/exileDue process required
Art. 10LegalFair public hearingIndependent, impartial tribunal
Art. 11LegalPresumption of innocence; no retroactive penaltyCriminal justice safeguard
Art. 12PrivacyRight to privacyHome, family, correspondence, honour
Art. 13MovementFreedom of movementWithin & outside country
Art. 14AsylumRight to seek asylumNot for non-political crimes
Art. 15NationalityRight to a nationalityCannot be arbitrarily stripped
Art. 16FamilyRight to marry (with consent)Family is fundamental unit
Art. 17PropertyRight to own propertyNo arbitrary deprivation
Art. 18FreedomThought, conscience, religionIncludes right to change religion
Art. 19FreedomOpinion and expressionAny media; across frontiers
Art. 20FreedomAssembly & associationPeaceful; no forced membership
Art. 21PoliticalParticipation in governmentUniversal suffrage; secret ballot
Art. 22SocialSocial securityEconomic, social, cultural rights
Art. 23EconomicRight to workEqual pay; trade unions
Art. 24EconomicRest and leisurePaid holidays; limited working hours
Art. 25SocialAdequate standard of livingSpecial care for mothers & children
Art. 26CulturalRight to educationFree elementary; higher on merit
Art. 27CulturalCultural life & scienceIP protection for creators
Art. 28OrderRight to enabling social/intl. orderUDHR realization
Art. 29DutiesDuties to community; limited rightsOnly for democratic public order
Art. 30Anti-abuseNo right to destroy others' rightsAnti-destruction clause
Flowchart

Structure of UDHR – Flowchart

UDHR 1948 Preamble 30 Articles Civil & Political Articles 1–21 Social, Economic & Cultural Articles 22–27 Duties & Limitations Articles 28–30 Articles 28–30 Equality & Dignity Art. 1–2 Personal Security Art. 3–5 Legal Rights Art. 6–11 Privacy & Movement Art. 12–15 Freedoms Art. 16–21 Social Security & Work Art. 22–24 Living & Education Art. 25–26 Cultural Rights Art. 27 Social Order Art. 28 Duties to Community Art. 29 Anti-abuse Clause Art. 30 Universal Standard of Achievement for All Nations
Mind Map

UDHR Mind Map

UDHR 1948 · 30 Articles Preamble Inherent Dignity Rule of Law Civil & Political Life & Liberty (3) No Torture (5) Fair Trial (10-11) Expression (18-19) Personal Rights Privacy (12) Nationality (15) Marriage (16) Economic & Social Work (23) Education (26) Health (25) Cultural Rights Arts & Culture (27) Science & IP (27) Duties & Limits Duties to All (29) Anti-abuse (30) Social Order (28)
Roadmap

Learning Roadmap – UDHR 1948

Stage 1

Basics

  • Understand what the UDHR is, when it was adopted (10 Dec 1948), and by whom (UN General Assembly).
  • Learn the purpose of the Preamble — why UDHR was needed historically.
  • Know that it is NOT legally binding on its own, but is the foundation of international human rights law.
  • Remember: 30 Articles + Preamble.
Stage 2

Core Provisions

  • Memorise the categories: Civil & Political (Art. 1–21), Economic/Social/Cultural (Art. 22–27), Duties (Art. 28–30).
  • Learn each article's core right — use the summary table above.
  • Focus on key articles: 1, 2, 3, 5, 10, 11, 14, 18, 19, 21, 26, 29, 30.
  • Understand that Art. 2 is the non-discrimination backbone of the entire declaration.
Stage 3

Procedures / Applications

  • Understand the limitations clause (Art. 29) — rights are not absolute; they can be limited only by law and only for democratic public order purposes.
  • Art. 8 — how effective remedies are sought through national tribunals.
  • Art. 10 & 11 — apply these to criminal law scenarios (fair trial, presumption of innocence, no retroactive punishment).
  • Art. 14 — scope and exceptions for asylum seekers.
Stage 4

Case-law Linkage

Not found in uploaded document. The UDHR text itself does not include case law references.
Stage 5

Exam Revision Checklist ✅

  • ☑ Can you explain the purpose of the Preamble?
  • ☑ Can you list all 30 Articles by category?
  • ☑ Can you distinguish between Civil/Political and Economic/Social/Cultural rights?
  • ☑ Do you know the non-discrimination principle (Art. 2)?
  • ☑ Can you explain Art. 11 (presumption of innocence + no retroactive penalty)?
  • ☑ Can you explain the limitations in Art. 29?
  • ☑ Can you explain the anti-abuse clause in Art. 30?
  • ☑ Can you name 3 fundamental differences between UDHR and a binding treaty?

Roadmap Summary Table

Stage Goal Output
Stage 1: BasicsUnderstand what, when, why, and whoCan explain UDHR background in 2 minutes
Stage 2: Core ProvisionsLearn all 30 articles by categoryCan recall each article's right from memory
Stage 3: ApplicationsApply articles to practical/legal scenariosCan solve problem questions on Art. 10, 11, 14, 29
Stage 4: Case-lawLink articles to decided casesNot found in uploaded document
Stage 5: Exam RevisionTest recall and exam readinessChecklist of 8 key exam-ready points

Based solely on the Universal Declaration of Human Rights (1948) · For educational use only · LL.B. Study Guide

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