Are human rights universal?

• Author: Pillay, Navanethem

On 10 December 2008, the United Nations led worldwide celebrations to commemorate the sixtieth anniversary of the Universal Declaration of Human Rights. Six decades ago, the international community affirmed that the strength of shared ideas and a common vision of respectful and peaceful coexistence could prevail over brutality, hatred and destruction.

Having risen from the sorrow and shame of atrocities perpetrated in the course of the Second World War, the Declaration represented, and continues to represent, one of humanity's most shining achievements. It enshrines the hope for a better world, where aspirations to freedom and well being converge. The framers of the Declaration, who came from diverse countries and cultures, ultimately succeeded in delivering the first universal articulation of human rights and entitlements that make dignity, justice and equality possible for everyone everywhere.

The Universal Declaration envisaged a world in which every man, woman and child lives free from hunger and is protected from oppression, violence and discrimination, with benefits of housing, health care, education and opportunity. This encapsulates the global culture of human rights that we strive towards, and should therefore be a unifying rather than a divisive force within and among all cultures.

Stemming from the formidable intuition and early articulation of the Declaration's framers, the discourse and action on human rights has subsequently, and with increased sharpness, highlighted the fundamental elements that emanate from the universality of human rights. Thus, human rights law and advocacy emphasized out inherent human commonality, as well as the indivisible character of rights. They underscored the primary duty of States to give effect to the full spectrum of rights, including the responsibility of the international community and its institutions to foster a culture of solidarity and bolster implementation capacities, so as to give full effect to those rights.

INHERENT UNIVERSALITY AND INDIVISIBILITY OF RIGHTS

The diverse group of the Declaration's framers insisted on our kinship in rights, our common claim to a life of dignity and our right to count and be counted, irrespective of ancestry, gender, colour, status and creed. The Declaration was crucial in envisaging freedom and entitlement as mutually reinforcing sides of the same coin on human aspirations. It unequivocally linked destitution and exclusion with discrimination and unequal access to resources and opportunities. The framers also understood that social and cultural stigmatization precluded full participation in public life, including the ability of influence policies and obtain justice. In other words, they made it clear that all civil, political, economic, social and cultural rights were only universal, but also indivisible and interrelated in their application--individually and globally. This means that one set of rights cannot be enjoyed fully without the other. As UN Secretary-General Ban Ki-moon made clear, we cannot "pick and choose" among rights.

I bear witness to the interlocking characteristics of universal human rights and the perils of not recognizing their indivisibility. I grew up in Durban under a system of apartheid that institutionalized racial discrimination by denying equal rights and full citizenship to all those were not white. But South Africa's experience shows that with political will, international engagement and a commitment to act, discrimination, inequality and intolerance can be overcome and that political and civil rights can be affirmed against great odds.

I also know first-hand the benefits of economic, social and cultural rights, including access to education, as well as the effects of obstacles to such access. I was 16 when I wrote an essay about the role of South African women to educate children on human rights. When the essay was published, members of my community raised funds to send a promising but impecunious young woman to university. Despite their efforts and goodwill, I almost did not make it as a lawyer, because during the apartheid regime everything and everyone was segregated. However, I persevered. After graduation I sought and internship, which was mandatory under the law, but as a black woman I had to fight against multilayered discrimination and barriers. Finally, a black lawyer agreed to take me on board, conditional on my promise not to become pregnant. I also started a law practice on my own, not out of choice but because nobody would employ a black woman lawyer.

In short, it is personal experience as much as conviction which prompts me to reaffirm that political and civil rights, as well as economic, cultural and social rights, depend closely on one another. Let me simply reflect on education, its value in securing work, its positive impact on political and social participation, including access to health care, and the decisive role it plays in achieving equality between women and men. It follows that violations of one right enfeeble all rights and engender cascading repercussions.

Currently, there is a growing understanding of how the components of human welfare and dignity, that is, human rights, development and security, are intrinsically interlinked...