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Article 18 of the UDHR states that everyone has the right to freedom of religion, freedom to change his religion and freedom to manifest his religion in teaching, practice, worship and observance. Focusing on just one of these aspects, religion, enables a direct comparison between the UDHR and the CDHRI. Although it has built upon these four basic rights to form 30 articles, they underpin the declaration. The UDHR was established as a direct reaction to the experiences in the Second World War and was centred on the four freedoms that the Allies adopted as their basic war aims: freedom of speech, freedom of religion, freedom from fear and freedom from want. The CDHRI clearly limits the rights enshrined in the UDHR and the International Covenants and cannot be viewed as complementary to the Universal Declaration. When implemented, the CDHRI essentially removes the universality that underpins the UDHR, providing the 45 signatories and all of their citizens with a set of human rights based on an undefined interpretation of Shari’a law.
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In accordance with this criticism, the then 45-member states of the Organisation of the Islamic Conference (OIC, now Organisation of Islamic Cooperation) adopted the Cairo Declaration of Human Rights in Islam (CDHRI) on 5 August 1990 which, despite its claim to be a general guidance for member states of the OIC and complement the UDHR, undermines many of the rights the UDHR is supposed to guarantee. Likewise, Said Raja’i Khorasani, an Iranian official and representative to the UN claimed in 1982 that the UDHR was a “secular understanding of the Judeo-Christian tradition” and that it is impossible for Muslims to implement it without contravening Islamic law. Women are prohibited from voting or driving a car. Therefore, non-Muslims risk everything from arrest to torture and the death penalty for their beliefs. Saudi Arabian law is completely at odds with the UDHR as all citizens are required to be Muslim. Most Muslim-majority countries including Egypt, Iran and Pakistan signed the UDHR in 1948, but crucially Saudi Arabia, where the King must comply with Shari’a and the Qur’an, did not sign the declaration, arguing that it violated Islamic law and criticising it for failing to take into consideration the cultural and religious context of non-Western countries.
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Since its ratification in 1976, this Bill has become a fundamental element of international law and the human rights as stated in the UDHR are protected by the rule of law. Despite not being legally binding, it has influenced or been adopted in most national constitutions drafted since this date, is an intrinsic document for membership of the UN and forms the International Bill of Human Rights along with two covenants that have been signed and ratified by over 150 countries each. It was drafted by more than a dozen senior representatives from around the world and was adopted by the United Nations General Assembly on 10 December 1948 by a vote of 48 in favour and 0 against with eight abstentions. The UDHR is not an English, Western or Christian document. Indeed, its success is in the broadness of its reception. When is universal not universal? In its preamble, the Universal Declaration of Human Rights (hereafter UDHR) recognises the “inherent dignity and equal and inalienable rights of all members of the human family” and is a common standard of achievement “for all peoples and all nations.” The UDHR claims and prescribes universality: rights for all human beings anywhere and anytime and this unwavering comprehensiveness that is reflected by the inclusion of universalist language such as “all”, “everyone” or “no-one” in all thirty of the articles led the former Pope John Paul II to call the declaration “one of the highest expressions of the human conscience of our time” in a speech on 5 October 1995. UN Photo, November 1949, United Nations (Lake Success), New York, Photo # 117539 On the 64th anniversary of the adoption of the Universal Declaration of Human Rights (UDHR), LSE Masters student Jonathan Russell explores the differences between the UDHR and the Organisation of Islam Cooperation’s Cairo Declaration of Human Rights in Islam (CDHRI) and argues that the CDHRI limits the universal rights enshrined in the declaration six decades ago today.īy Jonathan Russell Eleanor Roosevelt of the United States holding a Universal Declaration of Human Rights poster in Spanish.