Publıc Internatıonal Law I Deneme Sınavı Sorusu #1234413

Which of the followings is correct concerning Universal Declaration of Human Rights?


It provides the machinery to secure the observance of fundamental freedoms and human rights.

The rights mentioned are laws or forceable as laws. 

The Declaration has gained absolute authority over national constitutions.

The Declaration is not a legally enforceable instrument.

It has affected no subsequent developments in the field of human rights.


Yanıt Açıklaması:

The UN Charter, which has played the catalyst role in the human rights movement, does not give a definition of fundamental freedoms and human rights, nor does it provide any machinery to secure their observance. This task has been fulfilled by the subsequent United Nations instruments. The First critical instrument was the Universal Declaration of Human Rights, adopted by the General Assembly on December 10, 1948. It defined expressly certain human rights and fundamental freedoms that need to be protected. 

The Declaration is not a legally enforceable instrument and some of the rights mentioned therein, viz., the right of asylum (Art. 14), could not be said to represent the legal rule. Other rights are merely general principles of law or represent elementary considerations of humanity. The rights enshrined in the Declaration in its 30 articles are broadly divided into civil and political rights, and economic, social and cultural rights.

Therefore, the correct option is D.

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