This paper is a review of the UDHR and its relevance to human service professionals who deal with domestic disputes. The UDHR is a strong indicator of the international community’s efforts to standardize human rights applications. The paper explores a brief history of the UDHR and mentions other UN-based conventions that address human rights.
The UDHR (Universal Declaration of Human Rights) is the document that defines collective and acceptable human-rights law. The impact of UDHR on global politics has been compared to that of Magna Carta. The UDHR document was drafted by the United Nations Commission on Human Rights under the leadership of Eleanor Roosevelt.
The UDHR was subsequently adopted by several countries across the world in 1948. The institution of the UDHR was prompted by the sudden increase in human rights abuses as exemplified by the Second World War, the Nazi genocide, and struggle for independence in several countries across Africa. The UDHR bears with it two fundamental principles; dedication to nondiscrimination and the dignity of all human beings.
The UDHR has served as the core framework of how several countries and institutions around the world handle human rights. Consequently, most of the clauses that were part of the original UDHR document are echoed in today’s human rights practices. This paper is a review of UDHR’s institution and how it relates to domestic dispute professionals.
UDHR is quite relevant to human service professionals in the field of domestic disputes. Human service professionals operate under domestic laws. Therefore, domestic dispute professionals will often encounter the elements of UDHR that are contained in both local and international laws on family disputes. The main area of concern for domestic dispute professionals is domestic-violence (Thomas & Beasley, 2003).
The problem of domestic violence persists in all countries across the world. Nonetheless, the UDHR does not single out domestic dispute resolution as an exclusive human rights problem. The UDHR is one of the conventions that provide an outline of human rights stipulations that directly touch on domestic disputes.
Other international conventions that touch on domestic violence and disputes include the ICESCR (International Convention on Economic, Social, and Cultural Rights) and the ICCPR (International Covenant on Civil and Political Rights).
The “Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) is a convention that preceded the UDHR with the aim of granting international justice to victims of domestic violence” (Roosevelt, 2001). The elements that are contained within the 1981-instuted CEDAW are a restatement of UDHR.
One of the most relevant articles that are contained within the UDHR is article 3 that states; “everyone has the right to life, liberty and security of person” (Assembly, 1948). Article 3 of the UDHR acts as a guiding principle to all domestic dispute professionals. For instance, the human service professionals who are in charge of dispute resolution have to consider the fundamental rights of all the parties who are involved in a conflict.
When it comes to domestic disputes, the rights of children are quite important. Consequently, the UHDR is quite relevant to the practice of domestic dispute resolution because of the contents contained in Article 25. The article gives mothers and children a wide range of rights and privileges. For instance, article 25 states that “children are entitled to special care and assistance” (Assembly, 1948).
Furthermore, article 25 fortifies the rights of the children who are born out of wedlock. The assertions of UDHR’s article 25 are important to domestic dispute professionals. The bulk of work for domestic dispute professionals comes in the form of tackling domestic-violence issues within their respective communities.
The relevance of domestic violence issues within communities was underlined by a member of the United Nations’ special Rapporteur. Radhika Coomaraswamy observed that the “fundamental human rights to be free from torture, gender discrimination, and the inherent right to life are directly applicable to… violence against women” (Morsink, 2009).
The most relevant aspect about UDHR is that its provisions reign against discriminative national and customary laws within United Nations’ member states.
To ensure that the spirit of UDHR is not undermined, it is imperative for domestic dispute professionals to make changes to their practices. For instance, when professionals are resolving disputes it is important for them to take to consideration that any compromise to bodily integrity is not permitted. Henceforth, any form of dispute that involves bodily harm to either of the disputing factions amounts to an injustice.
Article 3 of the UDHR specifies that “Everyone has the right to life, liberty, and security of person” (Assembly, 1948). Domestic dispute professionals might involve other relevant institutions when disputes degenerate into physical harm.
Another change that human service professionals might have to make in the course of their practice involves getting rid of their prejudices. In some instances, domestic dispute professionals might be subject to prejudices that involve sex, race, religion, color, or language (Donnelly, 2003).
Professionals who bear prejudicial notions should change to ensure that the stipulations of article 2 of UDHR are upheld. The article warns against distinctions of any kind in accordance with “race, color, sex, language, religion, political or other opinion, national or social origin, property, birth or other status” (Assembly, 1948).
The UHDR remains relevant to professionals who work in the domestic dispute field. Even though some of the stipulations of the convention may not directly apply to local environments and cultures, domestic dispute professionals should take UHDR into consideration.
References
Assembly, U. G. (1948). Universal Declaration of Human Rights. Web.
Donnelly, J. (2003). International human rights. Boulder, CO: Westview Press.
Morsink, J. (2009). The universal declaration of human rights: Origins, drafting, and intent. New York, NY: University of Pennsylvania Press.
Roosevelt, E. (2001). Universal declaration of human rights. New York, NY: Applewood Books.
Thomas, D. Q., & Beasley, M. E. (2003). Domestic violence as a human rights issue. Human Rights Quarterly, 22(1), 36-62.