By Holy See Mission
Statement by the Holy See
Before
the 58th Session of the General Assembly of the U.N.
on
Agenda Item 48:Fifty-Fifth Anniversary of the Universal Declaration
of Human RightsNew York, 10
December 2003Mr. President,
My delegation is
pleased to join the observance of the Fifty-fifth Anniversary of the
promulgation and adoption of the Universal Declaration of Human Rights.
This
extraordinary development in the protection of fundamental human rights
was
based on the greatest traditions of the jus gentium—the Law of
Nations—which is founded upon the objective moral order as discerned by
right
reason. The principle of right reason is at the core of the natural law
which
has inspired and continues to give vitality to the Universal
Declaration.
Eminent scholars have noted the inextricable connection between the
natural law
and the reality that all human rights and fundamental freedoms of the
human
person and of peoples are inalienable.
When we examine
the Charter, we come to realize all the more the nexus between the
United
Nations Organization and the Universal Declaration of Human Rights, one
of the
most precious and important documents in human history. The medieval
canon
lawyers and the gallant legal commentators of the sixteenth-century like
Vitoria
and Suárez had already developed precedents for the basic principles of
human
rights that flow from the primacy and dignity of the human person. These
rights
are not a creation of the State but flow from the character and nature
of
humanity itself. In fact, we do not have to go very far to see the
impact the
Universal Declaration has had on so many resolutions promulgated by this
General
Assembly. Similarly, the Declaration has had a positive impact on
national
constitutions and other basic laws that have been drafted over the past
several
decades.
In identifying
certain fundamental rights which are common to every member of the human
family,
the Declaration has decisively contributed to the development of
international
law. Moreover, it has resolutely challenged those human laws which have
denied
men and women the dignity to which they are entitled because of who they
are.
Sadly, the fundamental rights, proclaimed, codified and celebrated in
the
Universal Declaration are still the object of severe and constant
violations.
But, there are
other challenges to the proper implementation of human rights. There is,
for
example, a tendency of some to choose self-serving rights. In some
circumstances, what is inalienable to some human beings is
simultaneously denied
others. A case in point would be the denial of the most fundamental
right—that
is the right to life itself from which all other rights naturally and
logically
flow. Such practices threaten the integrity of the Declaration. Any
doubt cast
on the universality or existence of non-derogable norms would undermine
the
whole edifice of human rights.
While there is a
growing trend to take a selective approach to human rights, my
delegation wishes
to uphold the original vision of the Declaration - a vision in which
political
and civil rights are indispensable for social and economic justice, and
vice
versa. In this era of rapid globalization, when poor countries are
facing the
daunting challenge of addressing socio-political and economic
instability, the
international community must keep striving to bring together the two
halves of
the divided soul of the human rights project - its resounding
affirmation of
freedom and its insistence on one human family for which all bear a
common
responsibility. In fact, one of the greatest threats today to the
integrity of
the universal rights enshrined in the Declaration comes from exaggerated
individualism that often leads the stronger to lord it over the
weak. And this
is repugnant to the Declaration and to the fundamental rights which it
promotes
and protects.
Mr. President, to
accept universal principles does not mean they must be brought to life
in the
same way everywhere. Universality need not entail homogeneity. Indeed,
the
framers of the Universal Declaration contemplated a legitimate pluralism
in
forms of freedom. As an eminent scholar once put it, ‘there can be many
different kinds of music played on the Declaration’s thirty strings’. It
is
unfortunate that this pluralist understanding is often forgotten, even
by
friends of the human rights project.
Mr. President,
the world in which we live today exists under the shadows of war,
terrorism, and
other threats to human survival and to the innate dignity of the human
person.
At the source of many of these shadows lies a denial of some of the
universal
rights. Ironically, it is human beings who cast these shadows. Yet, we
have also
been given wisdom to use the light of right reason to dispel them. The
noble
principles contained in the Universal Declaration will enable us to
achieve this
goal of a bright future for all, not just for some of the human family.
During this
anniversary year of 2003, we still need to ask the question: what has
happened
to everyone’s right “to a social and international order in which the
rights and
freedoms set forth in this Declaration can be fully realized”? (art.
28). The
dignity, freedom and happiness acknowledged by the Declaration will not
be fully
realized without solidarity amongst all peoples. Inspired by the
example of all
those framers of this Declaration who have taken the risk of freedom,
can we not
recommit ourselves also to taking the risk of solidarity - and thus the
risk of
peace?
Though the
Universal Declaration of Human Rights is now 55 years old, much of its
promise
remains to be fulfilled. However, it still is “one of the highest
expressions of
the human conscience of our time” and “a real milestone on the path of
the moral
progress of humanity” (John Paul II, Address to the U.N., October 2,
1979 and
October 5, 1995). My delegation is convinced that the Declaration will
continue
to stand as a beacon on humanity’s long journey towards a more free,
just, and
peaceful society.
Thank you, Mr.
President.
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