The Legacy of the Universal Declaration of Human Rights

"As suggested by a number of human rights scholars, the United Nations must initiate a project to rethink and reformulate the conception of human rights, taking into account the different philosophies that share this planet."

Fifty-eight years after the universal declaration of human rights was adopted by the United Nations General Assembly, the debate continues as to whether the document is truly universal.

Upon its adoption on Dec. 10, 1948, former U.S. First Lady Eleanor Roosevelt, chair of the commission on human rights, expressed her hope it would become "the Magna Carta of all mankind." Ironically, as was the fate with the "great charter" of 1215, the declaration has not fully lived up to its name.

The declaration was challenged from its very inception. The commission's first draft attracted 168 amendments from various countries. However, the final document was almost unchanged from the initial draft tabled by the commission. Forty-eight countries voted in favour, while eight countries -- Poland, Byelorussia, Czechoslovakia, the Ukraine, Yugoslavia, South Africa, Saudi Arabia and the Soviet Union -- abstained and expressed reservations.

The conflicting views on the declaration have become more pronounced recently as human rights take a more central role in international and domestic forums. The critics of the current international human rights standards range from cultural relativists and Islamists to proponents of Asian values. They contend the existing international human rights regime is deeply influenced by the western experience. The spotlight on the individual, the focus on rights divorced from duties, the emphasis on legalism to secure these rights and the greater priority given to civil and political rights are all hallmarks of the western bias. In contrast, the Asian (including Buddhist, Taoist, Confucian, Hindu, etc.) and Islamic conceptions would emphasize community, duties to one another and society and some even place greater emphasis on economic, social and cultural rights.