On the 75th Anniversary of the Universal Declaration of Human Rights

Opinion: "The Most Important Declaration"

A few days ago, the 75th anniversary of the Universal Declaration of Human Rights was celebrated, representing a significant milestone in global legal and humanitarian history. 

Adopted by the United Nations General Assembly on December 10, 1948, this declaration marked a shift in the way nations and individuals understand fundamental rights.

The Universal Declaration of Human Rights (UDHR) emerged in a global context marked by the devastation of World War II. In the aftermath of the horrors experienced, there was an urgent need to establish a common framework to ensure that all human beings could enjoy fundamental rights, regardless of nationality, race, religion or any other status.

The UDHR, although not a legally binding treaty, has had an extraordinary influence on the development of international law and national legislation. Its principles have been incorporated into the constitutions, laws and policies of numerous countries. It has also served as the basis for more specific international treaties, such as the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights.

The principles of the UDHR focus on dignity, equality and respect. It covers a wide range of rights, including the right to life, freedom of expression, equality before the law, the right to a fair trial, and the prohibition of torture and slavery. These principles are considered universal, inalienable and indivisible.

Seventy-five years after its promulgation, the UDHR remains a relevant document, but it faces significant challenges. Globalization, armed conflicts, the climate crisis, mass migration and the emergence of new technologies raise complex questions about how to guarantee and protect human rights in the 21st century.

The future of human rights will largely depend on how states and the international community respond to these challenges. It is crucial that work continues on the promotion and protection of human rights, adapting these principles to contemporary contexts and challenges.

The 2023 version of the WJP Rule of Law Index reflects that human rights have regressed globally.  In one of its sections, that of fundamental rights, several Latin American countries appear with some of the lowest scores.  Nicaragua, Venezuela, Haiti, Bolivia and Honduras occupy the last places in this area of human rights.  

On the other hand, Uruguay, Costa Rica, Barbados and Chile rank high not only in the Latin American region, but also in the world. As a Costa Rican lawyer, I feel very proud that Costa Rica has stood out as a leader in the promotion and protection of human rights, both in Latin America and internationally.

The Costa Rican Constitution, amended several times over the years, reflects the principles of the UDHR. In addition, the country has adopted a series of laws and policies that seek to guarantee and protect human rights, including the abolition of the army, which has allowed for greater investment in health and education, fundamental pillars for human development. The country has advocated for peace, disarmament, environmental protection and respect for human rights in different international platforms.

The 75th anniversary of the Universal Declaration of Human Rights reminds us of the importance of these fundamental principles for human coexistence. 

Despite the challenges, the UDHR remains a guiding light, a constant reminder of our collective commitment to dignity, equality and respect for all human beings. Its relevance and necessity remain as compelling today as they were in 1948.

David Gutierrez
Partner, BLP Legal

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