A/73/227
the human rights, including cultural rights, of everyone. 6 This was the one
generalizable position, and indeed the only one that could respect diversity.
4.
The Universal Declaration of Human Rights was drafted at a time of devastation
and insecurity, with millions of refugees displaced across Europe, the Indian
subcontinent and many other parts of the world. The ghost of the Holocaust and other
atrocities of the Second World War haunted the process, leading states to sustain “a
theory premised on the centrality of people — both in their collective and individual
capacities — that enjoyed primacy over the claims of the sovereign state”. 7 Among
the drafters were those who were committed to the total defeat of Nazism and fascism,
to the end of the age of empires and to the recognition that these goals required a
common strategy: a universal search for liberty and equality. This search crystallized
in the Declaration. Significant additions were made by recently decolonized States
with regard to the prohibition of slavery and of discrimin ation, as well as guarantees
of the rights of women and the right to self-determination. 8
5.
Hernán Santa Cruz of Chile, a member of the drafting committee, described the
drafting exercise as “a truly significant historic event in which a consensus had be en
reached as to the supreme value of the human person, a value that did not originate in
the decision of a worldly power, but rather in the fact of existing ”. 9
6.
All too often the history of human rights norms, and of the Universal
Declaration of Human Rights itself, is written by Governments opposed to
universality, and even by some who advocate it, and by some academic critics of
human rights in an exclusivist way, emphasizing the contributions of European and
North American delegates and overlooking the truly global contributions that blended
together to create a transcultural human rights framework. While it is appropriate to
celebrate the well-known and significant contributions of individuals such as Eleanor
Roosevelt and René Cassin, insufficient attention has been paid to the work of other
women delegates and delegates from the global South in the drafting process. We
need to recognize and pay tribute to the efforts of delegates such as Minerva
Bernardino, a diplomat and feminist leader from the Do minican Republic, Hansa
Mehta, an anti-colonial feminist, a member of the Constituent Assembly and the
representative of India to the Commission on Human Rights, and Begum Shaista
Ikramullah from Pakistan. It is thanks to Mehta that the first article of th e declaration
refers to “all human beings” rather than “all men”, which she feared would be
interpreted to exclude women 10. Bernardino pushed for the use of the phrase “equality
of men and women” in the preamble. 11
7.
Divisions were not along clear lines of religious, cultural or national blocs, but
sometimes within them. For example, it is in part thanks to Ikramullah (who also
received support from Egypt at the time) that article 16 contains the guarantee of
equal rights in marriage, notwithstanding the opposition of Saudi Arabia — a truly
pioneering achievement for its time. This provision challenged racial segregation
laws in countries such as the United States of America, as well as limitations on
marriage based on religion, caste and nationality in other countries. The Foreign
Minister of Pakistan defended the right to leave religion in the General Assembly
__________________
6
7
8
9
10
11
18-12312
Chetan Bhatt, “The challenges to universalism”, presentation at the Special Rapporteur’s expert
consultation, Geneva, 28 February 2018.
David Mayers, “Humanity in 1948: the Genocide Convention and the Universal Declaration of
Human Rights”, Diplomacy and Statecraft, vol. 26, No. 3 (2015).
Gita Sahgal, “Who wrote the Universal Declaration of Human Rights? ”, Open Democracy, 2012,
available at www.opendemocracy.net/5050/gita-sahgal/who-wrote-universal-declaration-ofhuman-rights.
See www.un.org/en/sections/universal-declaration/history-document/index.html.
Sahgal, “Who wrote the Universal Declaration of Human Rights? ”.
OHCHR, “Women helped make the Universal Declaration of Human Rights ‘universal’”.
25/26