The Universal Declaration of Human Rights (UDHR) is the first uniform International document to confirm human rights; it would have to be recognized by all that this is most desired instrument at that after Second World War for protecting human lives, dignity and value. The declaration is not a mere resolution it’s the affirmation which creates the blood and heart for protecting fundamental human rights, caring dignity and preventing human values. But the document was only a declaratory instrument which did not impose any mandatory/ legal obligation upon the signatory countries. Therefore, two separate international covenants were adopted later on the basis of UDHR under the UN to impose legal obligation and effective implementation of human rights. Though, the UDHR and two covenants are not-identically same with rights and obligations. The differences among three documents are mostly like as in below.
UDHR and two Covenants:
There are some rights which proclaimed in the UDHR but not incorporated in ICCPR and ICESCR. The rights are-
1. Right to Asylum under Article-14.
2. Right to own property under Article17
3. Right to social security under Article 22
4. Right to proper social order in Article 28.
At the same there have some rights which are contained in the two covenants but not exists in UDHR. The rights are-
1. Right to self determination under Article1
2. Right of a detained person under Article 10(1) in ICCPR
3. Right to free from imprisonment due to violation of contractual obligations under Article 11.
4. Right to special protection of children as under Article 24 of ICCPR.
5. Right of Minority under Article 27 of ICCPR.
Distinct rights between ICCPR and ICESCR:
The rights contained in ICCPR and ICESCR are of different types. The differences are-
1. Rights contained in ICCPR are civil and political while rights contained in ICESCR are economic, social and cultural.
2. ICCPR contains first generation rights but ICESCR contains second generation rights.
3. Rights contained in ICCPR are of negative in nature while ICESCR contains positive rights
4. Civil and political rights establish immediate binding obligation whereas the economic, social and cultural rights are of progressive nature.
5. It is more difficult to implement economic, social and cultural rights but not civil political rights.
The obligation under ICCPR and ICESCR are not same:
Article-2(1) of the ICCPR provides that each state party undertakes to respect and ensure the rights recognized in ICCPR.
Article 2 of the ICESCR provides that the state party will take steps to use its maximum available resources gradually to realize the rights.
The two Articles of two covenant gives different types of obligations as like below:
1. Immediate obligation under ICCPR and progressive obligation under ICESCR.
2. Under ICCPR the state party is bound to assure remedy for violation while ICESCR does not contain any such obligations.
3. Obligation under ICESCR is weaker and general in nature.
The rights mentioned in UDHR are mostly reflected in ICCPR and ICESCR but the discussions above confirmed that all these instruments are not identically same as like it says, though these instruments imposes same obligations upon states and individuals towards protecting human rights, dignity and values of the people .
