Universal Declaration of Human Rights- Still More Human Rights Explained

Hi, y’all. We’re going to tackle understanding five more of the basic human rights outlined in the Universal Declaration of Human Rights today. Part one of this series is here, and part two is here.

Article 16 Covers Marriage…

which is unexpectedly serendipitous given that the Respect for Marriage Act is on its way to President Biden’s desk to be signed as I write this. Article 16 has three parts:

1. Men and women of full age, without any limitation due to race, nationality or religion, have the right to marry and to found a family. They are entitled to equal rights as to marriage, during marriage and at its dissolution.
2. Marriage shall be entered into only with the free and full consent of the intending spouses.
3. The family is the natural and fundamental group unit of society and is entitled to protection by society and the State.

https://www.un.org/en/about-us/universal-declaration-of-human-rights

I think it’s important to mention here what is implied in this statement about marriage. First, people outside the marriage don’t get to decide what the structure of the marriage looks like. This would include things like polygamy and marriage equality for gay adults. Second, the right to marriage is based in the right of adults to consent to and refuse relationships, which is in turn rooted in bodily autonomy.

Given what is and isn’t in this statement about rights to marriage, how well does your country uphold this right? Whose rights are being excluded? Why? Do you think there is a valid reason for that exclusion?

Article 17 Covers Personal Property

It has two sections:

1. Everyone has the right to own property alone as well as in association with others.
2. No one shall be arbitrarily deprived of his property.

https://www.un.org/en/about-us/universal-declaration-of-human-rights

This would be a great jumping-off point for an exploration of the difference between personal property (which you earn as a result of your labor or as gifts from others) and capital (which is acquired by exploiting the labor of others and is inherently harmful).

Are there people in your country who are denied a right to property? What property are they denied, and why? How would you change that, if you could (or would you?)

Article 18: Freedom of Thought, Conscious, and Religion

Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship and observance.

https://www.un.org/en/about-us/universal-declaration-of-human-rights

Do you see an obvious limit to these freedoms? From the context of the other rights listed, you can assume that the right of religions and other communities of conscience to violate the rights of others outside the community are limited. Does your country do a good or bad job of protecting religious freedom? Are some religions (or communities of conscience) “more equal” than others? What historical forces led to this inequality?

Article 19: Freedom of Expression

Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.

https://www.un.org/en/about-us/universal-declaration-of-human-rights

I’m going to make a very clear distinction here that I think a lot of people don’t understand. This is a protection against being censored by your government. In a world full of social media platforms, many people don’t seem to understand that they don’t have a right to a platform. They can say whatever they want. They can say it in any public space. But social media platforms are private publishers, and publishers can choose what they will and won’t publish.

How well does your government protect freedom of opinion and expression? Are there some opinions that are not protected by your government? Do you think that decision was right or wrong? Was this the result of deciding that a different human right needed to be prioritized, or something else?

Article 20: Freedom of Association

1. Everyone has the right to freedom of peaceful assembly and association.
2. No one may be compelled to belong to an association.

https://www.un.org/en/about-us/universal-declaration-of-human-rights

Notice the word “peaceful”. This sets a limitation right off the bat. You can gather in large groups for protests, but those protests have limits. This is an area of tension in human rights law that is constantly being examined. Where is the line between a peaceful assembly and one that is not peaceful?

The second half of this is that no one can be forced to join an organization. This often comes up in labor law with regard to unions. Again, questions. What is the definition of “forced” in this context? Who decides this?

How does your home do with this? Are some people forced into associations or organizations they do not want to be? Are some folks prevented from freely associating with each other? Why?

How to Advocate:

Again, this is copied from the previous article. At this rate, there will be two more in the series, and each will append this information on how to advocate.

Thank you