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rights, even as cultural rights themselves must take into consideration respect for
other universal human rights norms.
A.
Relevant international human rights standards on universality
and cultural diversity
15. Universality is the cornerstone of human rights law, which likewise enshrines
this principle. Article 1 of the Universal Declaration of Human Rights affirms that
“all human beings are born free and equal in dignity and rights ”. Article 2 adds
specificity, making clear that neither cultural category nor political status can justify
exemption from rights protection.
16. In this seventieth anniversary year and beyond, we have an obligation to remind
ourselves of the contributions made by women and men from around the world to the
Universal Declaration of Human Rights, and to promote and share the truly global
history of this foundational document. Those who tell exclusivist tales about it are
spreading dangerous myths and should study the facts, including th ose contained in
the annex to the present report.
17. Today the Universal Declaration of Human Rights is understood by many to be
a statement of customary international law 6 and also an authoritative statement of
obligations under the human rights provisions of the Charter of the United Nations.
Its provisions have been affirmed and adopted in constitutions of countries in all
regions and in legally binding treaties.
18. The Charter of the United Nations has specifically endorsed the framework of
universal rights in treaty form. In Article 55, the United Nations is mandated to
promote “universal respect for, and observance of, human rights and fundamental
freedoms for all without distinction”, and in Article 56, States pledge to take action
to that end.
19. States have reiterated their commitment to universality in, inter alia, standards
such as the Vienna Declaration and Programme of Action of 1993, in which they
reaffirmed “the solemn commitment of all States to fulfil their obligations to promote
universal respect for, and observance and protection of, all human rights and
fundamental freedoms for all in accordance with the Charter of the United Nations,
other instruments relating to human rights, and international law. The universal nature
of these rights and freedoms is beyond question” (para. 1). This document reiterates
that “all human rights are universal, indivisible, and interdependent and
interrelated … While the significance of national and regional particularities and
various historical, cultural and religious backgrounds must be borne it mind, it is the
duty of States, regardless of their political, economic and cultural systems, to promote
and protect all human rights” (para. 5). 7 Selective citation of this last provision,
omitting the second clause regarding State duties, misrepresents the relationship
between cultural rights and the universal rights framework.
20. Women’s human rights experts have reminded us that this Declaration’s
reconfirmation that human rights are universal was one of its mo st important
achievements. Since women’s human rights are often prime sites of threat to
universality, the affirmation that women’s rights are human rights, and hence included
within the ambit of universality, was also momentous. “the defense of the universality
of rights for women is also crucial to any defense of the universality of human rights;
if the violation of the rights of half of humanity can be conditional in the name of
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6
7
18-12312
See, among others, John P. Humphrey, Human Rights and the United Nations: A Great Adventure
(Dobbs Ferry, New York, Transnational Publishers, 1984), p. 75.
See A/CONF.157/24 (Part I), chap. III (Vienna Declaration and Programme of Action).
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