132-448: Execute , in capital punishment , is to put someone to death. Execute may also refer to: Capital punishment Note: Varies by jurisdiction Note: Varies by jurisdiction Capital punishment , also known as the death penalty and formerly called judicial homicide , is the state-sanctioned killing of a person as punishment for actual or supposed misconduct. The sentence ordering that an offender be punished in such
264-471: A global moratorium on executions , with support for eventual abolition. Execution of criminals and dissidents has been used by nearly all societies since the beginning of civilisations on Earth. Until the nineteenth century, without developed prison systems, there was frequently no workable alternative to ensure deterrence and incapacitation of criminals. In pre-modern times the executions themselves often involved torture with painful methods, such as
396-493: A Greek temple, with a foundation, steps, four columns, and a pediment . Articles 1 and 2—with their principles of dignity, liberty, equality and brotherhood—served as the foundation blocks. The seven paragraphs of the preamble, setting out the reasons for the Declaration, represent the steps leading up to the temple. The main body of the Declaration forms the four columns. The first column (articles 3–11) constitutes rights of
528-560: A basic right in its Poljica Statute of 1440. Sir Thomas More 's Utopia , published in 1516, debated the benefits of the death penalty in dialogue form, coming to no firm conclusion. More was himself executed for treason in 1535. More recent opposition to the death penalty stemmed from the book of the Italian Cesare Beccaria Dei Delitti e Delle Pene (" On Crimes and Punishments "), published in 1764. In this book, Beccaria aimed to demonstrate not only
660-530: A cherry tree in an orchard. In 1820, there were 160, including crimes such as shoplifting, petty theft or stealing cattle. The severity of the so-called Bloody Code was often tempered by juries who refused to convict, or judges, in the case of petty theft, who arbitrarily set the value stolen at below the statutory level for a capital crime. In Nazi Germany , there were three types of capital punishment; hanging, decapitation, and death by shooting. Also, modern military organisations employed capital punishment as
792-497: A coffin while desecrating a tomb. Decapitation was the method of execution prescribed for more serious crimes such as treason and sedition. Despite the great discomfort involved, most of the Tang Chinese preferred strangulation to decapitation, as a result of the traditional Tang Chinese belief that the body is a gift from the parents and that it is, therefore, disrespectful to one's ancestors to die without returning one's body to
924-590: A few actively retain it; less than half of countries in Africa retain it; and the majority of countries in Asia retain it, for example, China , Japan and India . Abolition was often adopted due to political change, as when countries shifted from authoritarianism to democracy, or when it became an entry condition for the EU. The United States is a notable exception: some states have had bans on capital punishment for decades,
1056-439: A form of deterrence as opposed to retribution, can be traced back to Cesare Beccaria , whose influential treatise On Crimes and Punishments (1764) was the first detailed analysis of capital punishment to demand the abolition of the death penalty. In England, Jeremy Bentham (1748–1832), the founder of modern utilitarianism, called for the abolition of the death penalty. Beccaria, and later Charles Dickens and Karl Marx noted
1188-753: A manner is known as a death sentence , and the act of carrying out the sentence is known as an execution . A prisoner who has been sentenced to death and awaits execution is condemned and is commonly referred to as being "on death row ". Etymologically, the term capital ( lit. ' of the head ' , derived via the Latin capitalis from caput , "head") refers to execution by beheading , but executions are carried out by many methods , including hanging , shooting , lethal injection , stoning , electrocution , and gassing . Crimes that are punishable by death are known as capital crimes , capital offences , or capital felonies , and vary depending on
1320-407: A means of maintaining military discipline. In the past, cowardice , absence without leave, desertion , insubordination , shirking under enemy fire and disobeying orders were often crimes punishable by death (see decimation and running the gauntlet ). One method of execution, since firearms came into common use, has also been firing squad, although some countries use execution with a single shot to
1452-418: A means of protection of the latter vis-à-vis criminals. In the last several centuries, with the emergence of modern nation states , justice came to be increasingly associated with the concept of natural and legal rights . The period saw an increase in standing police forces and permanent penitential institutions. Rational choice theory , a utilitarian approach to criminology which justifies punishment as
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#17327972748971584-417: A more unified system of justice which formalized the relation between the different "social classes" rather than "tribes". The earliest and most famous example is Code of Hammurabi which set the different punishment and compensation, according to the different class or group of victims and perpetrators. The Torah/Old Testament lays down the death penalty for murder, kidnapping, practicing magic, violation of
1716-484: A religious context and compensation system. Compensation was based on the principle of substitution which might include material (for example, cattle, slaves, land) compensation, exchange of brides or grooms, or payment of the blood debt. Settlement rules could allow for animal blood to replace human blood, or transfers of property or blood money or in some case an offer of a person for execution. The person offered for execution did not have to be an original perpetrator of
1848-427: A result, tens of thousands of women were prosecuted for witchcraft and executed through the witch trials of the early modern period (between the 15th and 18th centuries). The death penalty also targeted sexual offences such as sodomy . In the early history of Islam (7th–11th centuries), there is a number of "purported (but mutually inconsistent) reports" ( athar ) regarding the punishments of sodomy ordered by some of
1980-557: A significant proportion of income to the Islamic states while conversely reducing many Christians to poverty, and these financial and social hardships forced many Christians to convert to Islam. Christians unable to pay these taxes were forced to surrender their children to the Muslim rulers as payment who would sell them as slaves to Muslim households where they were forced to convert to Islam . Many Christian martyrs were executed under
2112-587: A six-year moratorium on executions after the Peshawar school massacre during which 132 students and 9 members of staff of the Army Public School and Degree College Peshawar were killed by Tehrik-i-Taliban Pakistan terrorists, a group distinct from the Afghan Taliban , who condemned the attack. Since then, Pakistan has executed over 400 convicts. In 2017, two major countries, Turkey and
2244-457: A sovereign collectivity, identifies itself with positive or the law in force of the city. In fact, it finds its guarantee in the death penalty which threatens all those who do not respect it." Plato saw the death penalty as a means of purification, because crimes are a "defilement". Thus, in the Laws , he considered necessary the execution of the animal or the destruction of the object which caused
2376-862: A status beyond one's control, or without employing any significant due process procedures. Judicial murder is the intentional and premeditated killing of an innocent person by means of capital punishment. For example, the executions following the show trials in the Soviet Union during the Great Purge of 1936–1938 were an instrument of political repression. The top 3 countries by the number of executions are China , Iran and Saudi Arabia . As of 2021, 56 countries retain capital punishment , 111 countries have completely abolished it de jure for all crimes, seven have abolished it for ordinary crimes (while maintaining it for special circumstances such as war crimes), and 24 are abolitionist in practice. Although
2508-477: A thousand cuts, was used from the close of the Tang dynasty (around 900) to its abolition in 1905. When a minister of the fifth grade or above received a death sentence the emperor might grant him a special dispensation allowing him to commit suicide in lieu of execution. Even when this privilege was not granted, the law required that the condemned minister be provided with food and ale by his keepers and transported to
2640-568: A treaty in that it generally states aspirations or understandings among the parties, rather than binding obligations. The Declaration was explicitly adopted to reflect and elaborate on the customary international law reflected in the " fundamental freedoms " and "human rights" referenced in the United Nations Charter, which is binding on all member states. For this reason, the Universal Declaration of Human Rights
2772-487: A trend toward abolishing capital punishment. Capital punishment has been completely abolished by 108 countries, a further seven have done so for all offences except under special circumstances and 26 more have abolished it in practice because they have not used it for at least 10 years and are believed to have a policy or established practice against carrying out executions. In the United States between 1972 and 1976
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#17327972748972904-499: Is a fundamental constitutive document of the United Nations and, by extension, all 193 parties of the United Nations Charter. Nevertheless, the status of the Declaration as a legally enforceable document varies widely around the world: some countries have incorporated it into their domestic laws, while other countries consider it merely a statement of ideals, with no binding provisions. Many international lawyers believe that
3036-399: Is allowed to practice them unless he/she use them as a source of power. The Declaration's all-encompassing provisions serve as a "yardstick" and point of reference by which countries' commitments to human rights are judged, such as through the treaty bodies and other mechanisms of various human rights treaties that monitor implementation. In international law, a declaration is distinct from
3168-495: Is better and more satisfactory to acquit a thousand guilty persons than to put a single innocent man to death." He argued that executing an accused criminal on anything less than absolute certainty would lead to a slippery slope of decreasing burdens of proof , until we would be convicting merely "according to the judge's caprice". Maimonides's concern was maintaining popular respect for law, and he saw errors of commission as much more threatening than errors of omission. While during
3300-505: Is controversial, with many people, organisations, and religious groups holding differing views on whether it is ethically permissible. Amnesty International declares that the death penalty breaches human rights, specifically "the right to life and the right to live free from torture or cruel, inhuman or degrading treatment or punishment." These rights are protected under the Universal Declaration of Human Rights , adopted by
3432-482: Is generally considered to be a milestone document for its universalist language, which makes no reference to a particular culture, political system, or religion. It directly inspired the development of international human rights law , and was the first step in the formulation of the International Bill of Human Rights , which was completed in 1966 and came into force in 1976. Although not legally binding ,
3564-466: Is non-existent. This form of justice was common before the emergence of an arbitration system based on state or organized religion. It may result from crime, land disputes or a code of honour. "Acts of retaliation underscore the ability of the social collective to defend itself and demonstrate to enemies (as well as potential allies) that injury to property, rights, or the person will not go unpunished." In most countries that practice capital punishment, it
3696-483: Is now reserved for murder, terrorism, war crimes, espionage, treason, or as part of military justice. In some countries, sexual crimes , such as rape, fornication , adultery , incest , sodomy , and bestiality carry the death penalty, as do religious crimes such as Hudud , Zina , and Qisas crimes, such as apostasy (formal renunciation of the state religion ), blasphemy , moharebeh , hirabah , Fasad , Mofsed-e-filarz and witchcraft. In many countries that use
3828-616: Is responsible for promoting human rights, created the Commission on Human Rights (CHR)—a standing body within the United Nations that was tasked with preparing what was initially conceived as an International Bill of Rights . It had 18 members from various national, religious, and political backgrounds, so as to be representative of humanity. In February 1947, the Commission established a special Universal Declaration of Human Rights Drafting Committee , chaired by Eleanor Roosevelt of
3960-563: The Guinness Book of Records described the Declaration as the world's "Most Translated Document", with 298 translations; the record was once again certified a decade later when the text reached 370 different languages and dialects. The UDHR achieved a milestone of over 500 translations in 2016, and as of 2024, has been translated into 562 languages, remaining the most translated document. In its preamble, governments commit themselves and their people to progressive measures that secure
4092-635: The Abbasid caliphs in Baghdad (most notably al-Mu'tadid ), were often cruel in their punishments. In early modern England, the Buggery Act 1533 stipulated hanging as punishment for " buggery ". James Pratt and John Smith were the last two Englishmen to be executed for sodomy in 1835. In 1636 the laws of Puritan governed Plymouth Colony included a sentence of death for sodomy and buggery. The Massachusetts Bay Colony followed in 1641. Throughout
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4224-558: The Christian Democracy movement ; Malik, a Christian theologian, was known for appealing across religious lines, and cited the Summa Theologica , and studied the different Christian sects. Chang urged removing all references to religion to make the document more universal, and used aspects of Confucianism to settle stalemates in negotiations. Hernán Santa Cruz of Chile, an educator and judge, strongly supported
4356-527: The Cultural Revolution (1966–1976). Partly as a response to such excesses, civil rights organisations started to place increasing emphasis on the concept of human rights and an abolition of the death penalty. By continent, all European countries but one have abolished capital punishment; many Oceanian countries have abolished it; most countries in the Americas have abolished its use, while
4488-666: The ICCPR and ICESCR , which, together with the UDHR, form the International Bill of Rights. Pakistani diplomat Shaista Suhrawardy Ikramullah influenced the drafting of the Declaration, especially with respect to women's rights , and played a role in the preparation of the 1951 Genocide Convention. In 1982, the Iranian diplomat to the United Nations, who represented the country's newly installed Islamic republic , stated that
4620-875: The International Convention on the Elimination of All Forms of Racial Discrimination , the International Convention on the Elimination of Discrimination Against Women , the United Nations Convention on the Rights of the Child , the United Nations Convention Against Torture , and many more. The Declaration continues to be widely cited by governments, academics, advocates, and constitutional courts, and by individuals who appeal to its principles for
4752-620: The International Covenant on Civil and Political Rights came into force, giving a legal status to most of the Declaration. The 48 countries that voted in favour of the Declaration are: Eight countries abstained: Two countries did not vote: Current UN member states , particularly in Africa gained sovereignty later, or in Europe and the Pacific were under administration due to the recently concluded World War II , joining
4884-660: The Islamic law ( sharīʿa ). Pakistan , officially an Islamic state , signed the declaration and critiqued the Saudi position, strongly arguing in favour of including freedom of religion as a fundamental human right of the UDHR. Moreover, some Muslim diplomats would later help draft other United Nations human rights treaties. For example, Iraq 's representative to the United Nations, Bedia Afnan 's insistence on wording that recognized gender equality resulted in Article 3 within
5016-960: The Philippines , saw their executives making moves to reinstate the death penalty. In the same year, passage of the law in the Philippines failed to obtain the Senate's approval. On 29 December 2021, after a 20-year moratorium, the Kazakhstan government enacted the 'On Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on the Abolition of the Death Penalty' signed by President Kassym-Jomart Tokayev as part of series of Omnibus reformations of
5148-749: The Sabbath , blasphemy, and a wide range of sexual crimes, although evidence suggests that actual executions were exceedingly rare, if they occurred at all. A further example comes from Ancient Greece , where the Athenian legal system replacing customary oral law was first written down by Draco in about 621 BC: the death penalty was applied for a particularly wide range of crimes, though Solon later repealed Draco's code and published new laws, retaining capital punishment only for intentional homicide, and only with victim's family permission. The word draconian derives from Draco's laws. The Romans also used
5280-486: The Tang dynasty (618–907) when the death penalty was abolished. This was in the year 747, enacted by Emperor Xuanzong of Tang (r. 712–756). When abolishing the death penalty, Xuanzong ordered his officials to refer to the nearest regulation by analogy when sentencing those found guilty of crimes for which the prescribed punishment was execution. Thus, depending on the severity of the crime a punishment of severe scourging with
5412-714: The United Nations in 1948. In the European Union (EU), Article 2 of the Charter of Fundamental Rights of the European Union prohibits the use of capital punishment. The Council of Europe , which has 46 member states, has worked to end the death penalty and no execution has taken place in its current member states since 1997. The United Nations General Assembly has adopted, throughout the years from 2007 to 2020, eight non-binding resolutions calling for
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5544-432: The United Nations . Decadal commemorations are often accompanied by campaigns to promote awareness of the Declaration and of human rights in general. 2008 marked the 60th anniversary of the Declaration, and was accompanied by year-long activities around the theme "Dignity and justice for all of us". Likewise, the 70th anniversary in 2018 was marked by the global #StandUpForHumanRights campaign, which targeted youth. At
5676-726: The United Nations General Assembly that enshrines the rights and freedoms of all human beings . Drafted by a UN committee chaired by Eleanor Roosevelt , it was accepted by the General Assembly as Resolution 217 during its third session on 10 December 1948 at the Palais de Chaillot in Paris, France. Of the 58 members of the United Nations at the time, 48 voted in favour, none against, eight abstained , and two did not vote. A foundational text in
5808-488: The breaking wheel , keelhauling , sawing , hanging, drawing and quartering , burning at the stake , crucifixion , flaying , slow slicing , boiling alive , impalement , mazzatello , blowing from a gun , schwedentrunk , and scaphism . Other methods which appear only in legend include the blood eagle and brazen bull . The use of formal execution extends to the beginning of recorded history. Most historical records and various primitive tribal practices indicate that
5940-521: The early caliphs . Abu Bakr , the first caliph of the Rashidun Caliphate , apparently recommended toppling a wall on the culprit, or else burning him alive , while Ali ibn Abi Talib is said to have ordered death by stoning for one sodomite and had another thrown head-first from the top of the highest building in the town; according to Ibn Abbas , the latter punishment must be followed by stoning. Other medieval Muslim leaders, such as
6072-581: The history of human and civil rights , the Declaration consists of 30 articles detailing an individual's "basic rights and fundamental freedoms" and affirming their universal character as inherent, inalienable, and applicable to all human beings. Adopted as a "common standard of achievement for all peoples and all nations", the UDHR commits nations to recognize all humans as being "born free and equal in dignity and rights" regardless of "nationality, place of residence, sex, national or ethnic origin, colour, religion, language, or any other status". The Declaration
6204-487: The right of citizens to leave their countries . Other observers pin the Soviet bloc's opposition to the Declaration's " negative rights ", such as provisions calling on governments not to violate certain civil and political rights. The British delegation, while voting in favour of the Declaration, expressed frustration that the proposed document had moral obligations but lacked legal force; it would not be until 1976 that
6336-648: The third session of the United Nations General Assembly , held 81 meetings concerning the draft Declaration, including debating and resolving 168 proposals for amendments by United Nations member states. On its 178th meeting on 6 December, the Third Committee adopted the Declaration with 29 votes in favour, none opposed and seven abstentions. The document was subsequently submitted to the wider General Assembly for its consideration on 9 and 10 December 1948. The Universal Declaration
6468-563: The "most ambitious feature". The Declaration was officially adopted as a French document, with official translations in English , Chinese , Russian and Spanish , all of which are official working languages of the UN . Due to its inherently universalist nature, the United Nations has made a concerted effort to translate the document into as many languages as possible, in collaboration with private and public entities and individuals. In 1999,
6600-611: The 19th century, U.S. states repealed death sentences from their sodomy laws, with South Carolina being the last to do so in 1873. Historians recognise that during the Early Middle Ages , the Christian populations living in the lands invaded by the Arab Muslim armies between the 7th and 10th centuries suffered religious discrimination , religious persecution , religious violence , and martyrdom multiple times at
6732-712: The ALA Universal Right to Free Expression and the Library Bill of Rights . The Declaration formed the basis of the ALA's claim that censorship , invasion of privacy , and interference of opinions are human rights violations. During the creation of the Universal Declaration of Human Rights the Soviet Union criticized not prioritizing social rights over individual rights and positive rights over negative rights enough according to Marxism–Leninism . Most Muslim-majority countries that were then members of
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#17327972748976864-477: The Congo, Gabon, Guinea, Haiti, Mali, Mauritania, Nicaragua, Niger, Portugal, Romania, Rwanda, São Tomé and Príncipe, Senegal, Somalia, Spain, Togo, and Yemen. Moreover, the constitutions of Portugal , Romania , São Tomé and Príncipe, and Spain compel their courts to "interpret" constitutional norms consistently with the Universal Declaration. Judicial and political figures in many nations have directly invoked
6996-439: The Declaration "constitutes an obligation for the members of the international community" to all persons. The Declaration has served as the foundation for two binding United Nations human rights covenants: the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights . The principles of the Declaration are elaborated in other binding international treaties such as
7128-404: The Declaration "does not of its own force impose obligations as a matter of international law", and that the political branches of the U.S. federal government can "scrutinize" the nation's obligations to international instruments and their enforceability. However, U.S. courts and legislatures may still use the Declaration to inform or interpret laws concerned with human rights, a position shared by
7260-573: The Declaration by the United States Supreme Court; sixteen references by federal courts of appeal ; twenty-four references by federal district courts ; one reference by a bankruptcy court ; and several references by five state courts. Likewise, research conducted in 1994 identified 94 references to the Declaration by federal and state courts across the U.S. In 2004, the U.S. Supreme Court ruled in Sosa v. Alvarez-Machain that
7392-559: The Declaration forms part of customary international law and is a powerful tool in applying diplomatic and moral pressure to governments that violate its articles. One prominent international jurist described the UDHR as being "universally regarded as expounding generally accepted norms". Other legal scholars have further argued that the Declaration constitutes jus cogens , fundamental principles of international law from which no state may deviate or derogate . The 1968 United Nations International Conference on Human Rights advised that
7524-541: The Declaration has been incorporated into or influenced most national constitutions since 1948. It has also served as the foundation for a growing number of national laws, international laws, and treaties, as well as for a growing number of regional, subnational, and national institutions protecting and promoting human rights. These kinds of measures focus on some principles that regard every culture/community especially when martial status take place or inheritance. In other words, every culture has its own norms and every individual
7656-678: The Declaration was "a secular understanding of the Judeo-Christian tradition" that could not be implemented by Muslims without conflict with sharīʿa law. On 30 June 2000, member states of the Organisation of Islamic Cooperation , which represents most of the Muslim world, officially resolved to support the Cairo Declaration on Human Rights in Islam , an alternative document that says people have "freedom and right to
7788-427: The Declaration's articles: Article 18 , which states that everyone has the right "to change his religion or belief", and Article 16, on equal marriage rights. The abstentions by the six communist nations were explained by their claim that the Declaration did not go far enough in condemning fascism and national-socialism. However, Eleanor Roosevelt felt that the reason for the abstentions was Article 13, which provided
7920-719: The Declaration, as well as the Covenant, to the Economic and Social Council for its review and approval during its seventh session in July and August 1948. The Council adopted Resolution 151(VII) of 26 August 1948, transmitting the draft International Declaration of Human Rights to the UN General Assembly. The Third Committee of the General Assembly , which convened from 30 September to 7 December 1948 during
8052-595: The Declaration. Upon the session's conclusion on 21 May 1948, the Committee submitted to the Commission on Human Rights a redrafted text of the "International Declaration of Human Rights" and the "International Covenant of Human Rights," which together would form an International Bill of Rights. The redrafted Declaration was further examined and discussed by the Commission on Human Rights in its third session in Geneva 21 May through 18 June 1948. The so-called "Geneva text"
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#17327972748978184-518: The Declaration—stated that it "may well become the international Magna Carta of all men everywhere". At the 1993 United Nations World Conference on Human Rights , one of the largest international gatherings on human rights, diplomats and officials representing 100 nations reaffirmed their governments' "commitment to the purposes and principles contained in the Charter of the United Nations and
8316-410: The Islamic death penalty for defending their Christian faith through dramatic acts of resistance such as refusing to convert to Islam, repudiation of the Islamic religion and subsequent reconversion to Christianity , and blasphemy towards Muslim beliefs . Despite the wide use of the death penalty, calls for reform were not unknown. The 12th-century Jewish legal scholar Moses Maimonides wrote: "It
8448-527: The Kazak legal system 'Listening State' initiative. In 724 AD in Japan, the death penalty was banned during the reign of Emperor Shōmu but the abolition only lasted a few years. In 818, Emperor Saga abolished the death penalty under the influence of Shinto and it lasted until 1156. In China, the death penalty was banned by Emperor Xuanzong of Tang in 747 , replacing it with exile or scourging . However,
8580-552: The Middle Ages the expiatory aspect of the death penalty was taken into account, this is no longer the case under the Lumières . These define the place of man within society no longer according to a divine rule, but as a contract established at birth between the citizen and the society, it is the social contract . From that moment on, capital punishment should be seen as useful to society through its dissuasive effect, but also as
8712-547: The South American-based American Declaration of the Rights and Duties of Man , the world's first general international human rights instrument . Delegates and consultants from several United Nations bodies, international organizations, and nongovernmental organizations also attended and submitted suggestions. It was also hoped that an International Bill of Human Rights with legal force could be drafted and submitted for adoption alongside
8844-484: The Soviet Union, and the United Kingdom , in addition to the inaugural members from China , France , Lebanon , and the United States . Humphrey is credited with devising the "blueprint" for the Declaration, while Cassin composed the first draft. Both received considerable input from other members, each of whom reflected different professional and ideological backgrounds. The Declaration's pro-family phrases allegedly derived from Cassin and Malik, who were influenced by
8976-455: The UDHR are incorporated or otherwise reflected in national law. The right to health or to protection of health is found in the constitutions of Belgium, Kyrgyzstan, Paraguay, Peru , Thailand , and Togo; constitutional obligations on the government to provide health services exist in Armenia , Cambodia , Ethiopia , Finland , South Korea , Kyrgyzstan, Paraguay, Thailand, and Yemen. A survey of U.S. cases through 1988 found five references to
9108-416: The UDHR as an influence or inspiration on their courts, constitutions, or legal codes. Indian courts have ruled the Indian Constitution "[embodies] most of the articles contained in the Declaration". Nations as diverse as Antigua, Chad, Chile, Kazakhstan, Saint Vincent and the Grenadines, and Zimbabwe have derived constitutional and legal provisions from the Declaration. In some cases, specific provisions of
9240-500: The UDHR. Some organizations, such as the Quaker United Nations Office and the American Friends Service Committee have developed curriculum or programmes to educate young people on the UDHR. Specific provisions of the UDHR are cited or elaborated by interest groups in relation to their specific area of focus. In 1997, the council of the American Library Association (ALA) endorsed Articles 18 through 20 concerning freedoms of thought, opinion, and expression, which were codified in
9372-414: The United Nations signed the Declaration in 1948, including the kingdoms of Afghanistan , Egypt , and Iraq , Pahlavi Iran , and the First Syrian Republic ; the Republic of Turkey , which had an overwhelmingly Muslim population but an officially secular government , also voted in favour. Saudi Arabia was the sole abstainer on the Declaration among Muslim-majority countries, claiming that it violated
9504-541: The United States, to write the articles of the Declaration. Roosevelt, in her position, was key to the U.S. effort to encourage the General Assembly's adoption of a Universal Declaration of Human Rights. The Committee met in two sessions over the course of two years . Canadian John Peters Humphrey , the newly appointed Director of the Division of Human Rights within the United Nations Secretariat,
9636-416: The Universal Declaration of Human Rights" and emphasized that the Declaration as "the source of inspiration and has been the basis for the United Nations in making advances in standard setting as contained in the existing international human rights instruments". In a speech on 5 October 1995, Pope John Paul II called the Declaration "one of the highest expressions of the human conscience of our time", despite
9768-469: The Universal Declaration was influenced by the Code Napoléon , including a preamble and introductory general principles. Its final structure took form in the second draft prepared by French jurist René Cassin , who worked on the initial draft prepared by Canadian legal scholar John Peters Humphrey . The Declaration consists of the following: Cassin compared the Declaration to the portico of
9900-451: The Universal Declaration, are at least inspired by it". At least 20 African nations that attained independence in the decades immediately following 1948 explicitly referenced the UDHR in their constitutions. As of 2014, the constitutions that still directly cite the Declaration are those of Afghanistan, Benin, Bosnia-Herzegovina, Burkina Faso, Burundi, Cambodia, Chad, Comoros, Côte d'Ivoire, Equatorial Guinea, Ethiopia, Democratic Republic of
10032-539: The Vatican never adopting it. In a statement on 10 December 2003 on behalf of the European Union , Marcello Spatafora said that the Declaration "placed human rights at the centre of the framework of principles and obligations shaping relations within the international community". As a pillar of international human rights, the UDHR enjoys widespread support among international and nongovernmental organizations. The International Federation for Human Rights (FIDH), one of
10164-450: The approval of the General Assembly by formal vote of its members, and to serve as a common standard of achievement for all peoples of all nations. The UDHR is considered groundbreaking for providing a comprehensive and universal set of principles in a secular, apolitical document that explicitly transcends cultures, religions, legal systems, and political ideologies. Its claim to universality has been described as "boundlessly idealistic" and
10296-653: The ban only lasted 12 years. Following his conversion to Christianity in 988, Vladimir the Great abolished the death penalty in Kievan Rus' , along with torture and mutilation; corporal punishment was also seldom used. In England, a public statement of opposition was included in The Twelve Conclusions of the Lollards , written in 1395. In the post-classical Republic of Poljica , life was ensured as
10428-745: The comments and suggestions of member states and international bodies, principally the United Nations Conference on Freedom of Information, which took place the prior March and April; the Commission on the Status of Women, a body within ECOSOC that reported on the state of women's rights worldwide; and the Ninth International Conference of American States, held in Bogota, Colombia from March to May 1948, which adopted
10560-408: The contents of the UDHR have been elaborated and incorporated into subsequent international treaties , regional human rights instruments, and national constitutions and legal codes. All 193 member states of the United Nations have ratified at least one of the nine binding treaties influenced by the Declaration, with the vast majority ratifying four or more. While there is a wide consensus that
10692-467: The courts of Belgium, the Netherlands, India, and Sri Lanka. The Universal Declaration has received praise from a number of notable activists, jurists, and political leaders. Lebanese philosopher and diplomat Charles Malik called it "an international document of the first order of importance", while Eleanor Roosevelt —first chairperson of the Commission on Human Rights (CHR) that helped draft
10824-475: The crime because the social system was based on tribes and clans, not individuals. Blood feuds could be regulated at meetings, such as the Norsemen things . Systems deriving from blood feuds may survive alongside more advanced legal systems or be given recognition by courts (for example, trial by combat or blood money). One of the more modern refinements of the blood feud is the duel . In certain parts of
10956-471: The crime committed. It inspired Western criminal law until the 17th century, a time when the first reflections on the abolition of the death penalty appeared. The Twelve Tables , the body of laws handed down from archaic Rome, prescribe the death penalty for a variety of crimes including libel, arson and theft. During the Late Republic , there was consensus among the public and legislators to reduce
11088-429: The death of a man by accident. For the murderers, he considered that the act of homicide is not natural and is not fully consented by the criminal. Homicide is thus a disease of the soul , which must be reeducated as much as possible, and, as a last resort, sentence to death if no rehabilitation is possible. According to Aristotle , for whom free will is proper to man, a person is responsible for their actions. If there
11220-453: The death penalty , drug trafficking and often drug possession is also a capital offence. In China, human trafficking and serious cases of corruption and financial crimes are punished by the death penalty. In militaries around the world, courts-martial have imposed death sentences for offences such as cowardice, desertion , insubordination , and mutiny . Elaborations of tribal arbitration of feuds included peace settlements often done in
11352-448: The death penalty for a wide range of offences. Protagoras (whose thought is reported by Plato ) criticised the principle of revenge, because once the damage is done it cannot be cancelled by any action. So, if the death penalty is to be imposed by society, it is only to protect the latter against the criminal or for a dissuasive purpose. "The only right that Protagoras knows is therefore human right, which, established and sanctioned by
11484-577: The death penalty was a part of their justice system. Communal punishments for wrongdoing generally included blood money compensation by the wrongdoer, corporal punishment, shunning , banishment and execution. In tribal societies, compensation and shunning were often considered enough as a form of justice. The response to crimes committed by neighbouring tribes, clans or communities included a formal apology, compensation, blood feuds, and tribal warfare . A blood feud or vendetta occurs when arbitration between families or tribes fails, or an arbitration system
11616-753: The death penalty was abolished in 1867. The last execution in Brazil was 1876; from then on all the condemnations were commuted by the Emperor Pedro II until its abolition for civil offences and military offences in peacetime in 1891. The penalty for crimes committed in peacetime was then reinstated and abolished again twice (1938–1953 and 1969–1978), but on those occasions it was restricted to acts of terrorism or subversion considered "internal warfare" and all sentences were commuted and not carried out. Many countries have abolished capital punishment either in law or in practice. Since World War II , there has been
11748-536: The death penalty was declared unconstitutional based on the Furman v. Georgia case, but the 1976 Gregg v. Georgia case once again permitted the death penalty under certain circumstances. Further limitations were placed on the death penalty in Atkins v. Virginia (2002; death penalty unconstitutional for people with an intellectual disability ) and Roper v. Simmons (2005; death penalty unconstitutional if defendant
11880-459: The death penalty. In abolitionist countries, the debate is sometimes revived by particularly brutal murders, though few countries have brought it back after abolishing it. However, a spike in serious, violent crimes, such as murders or terrorist attacks, has prompted some countries to effectively end the moratorium on the death penalty. One notable example is Pakistan which in December 2014 lifted
12012-573: The debates and discussions that informed the UDHR, describing one such exchange during the Drafting Committee's first session in June 1947: Dr. Chang was a pluralist and held forth in charming fashion on the proposition that there is more than one kind of ultimate reality. The Declaration, he said, should reflect more than simply Western ideas and Dr. Humphrey would have to be eclectic in his approach. His remark, though addressed to Dr. Humphrey,
12144-486: The declaration itself is non-binding and not part of customary international law , there is also a consensus in most countries that many of its provisions are part of customary law , although courts in some nations have been more restrictive on its legal effect. Nevertheless, the UDHR has influenced legal, political, and social developments on both the global and national levels, with its significance partly evidenced by its 530 translations. The underlying structure of
12276-529: The development of modern prison systems, the death penalty was also used as a generalised form of punishment for even minor offences. In early modern Europe, a mass panic regarding witchcraft swept across Europe and later the European colonies in North America . During this period, there were widespread claims that malevolent Satanic witches were operating as an organised threat to Christendom . As
12408-409: The earliest being Michigan , where it was abolished in 1846, while other states still actively use it today. The death penalty in the United States remains a contentious issue which is hotly debated . In retentionist countries, the debate is sometimes revived when a miscarriage of justice has occurred though this tends to cause legislative efforts to improve the judicial process rather than to abolish
12540-435: The execution ground in a cart rather than having to walk there. Nearly all executions under the Tang dynasty took place in public as a warning to the population. The heads of the executed were displayed on poles or spears. When local authorities decapitated a convicted criminal, the head was boxed and sent to the capital as proof of identity and that the execution had taken place. In medieval and early modern Europe, before
12672-522: The grave intact. Some further forms of capital punishment were practiced in the Tang dynasty, of which the first two that follow at least were extralegal. The first of these was scourging to death with the thick rod which was common throughout the Tang dynasty especially in cases of gross corruption. The second was truncation, in which the convicted person was cut in two at the waist with a fodder knife and then left to bleed to death. A further form of execution called Ling Chi ( slow slicing ), or death by/of
12804-487: The hands of Arab Muslim officials and rulers. As People of the Book , Christians under Muslim rule were subjected to dhimmi status (along with Jews , Samaritans , Gnostics , Mandeans , and Zoroastrians), which was inferior to the status of Muslims. Christians and other religious minorities thus faced religious discrimination and religious persecution in that they were banned from proselytising (for Christians, it
12936-454: The head or neck. Various authoritarian states employed the death penalty as a potent means of political oppression . Anti-Soviet author Robert Conquest claimed that more than one million Soviet citizens were executed during the Great Purge of 1936 to 1938, almost all by a bullet to the back of the head. Mao Zedong publicly stated that "800,000" people had been executed in China during
13068-477: The incidence of capital punishment. This opinion led to voluntary exile being prescribed in place of the death penalty, whereby a convict could either choose to leave in exile or face execution. A historic debate, followed by a vote, took place in the Roman Senate to decide the fate of Catiline 's allies when he attempted to seize power in December, 63 BC. Cicero, then Roman consul , argued in support of
13200-410: The incidence of increased violent criminality at the times and places of executions. Official recognition of this phenomenon led to executions being carried out inside prisons, away from public view. In England in the 18th century, when there was no police force, Parliament drastically increased the number of capital offences to more than 200. These were mainly property offences, for example cutting down
13332-419: The inclusion of socioeconomic rights, which had been opposed by some Western nations. The members agreed that the philosophical debate centered between the opposing opinions of Chang and Malik, with Malik later singling out Chang when thanking the members, saying that there were too many to mention, but Chang's ideas impacted his own opinions in the making of the draft. In her memoirs, Roosevelt commented on
13464-424: The individual, such as the right to life and the prohibition of slavery. The second column (articles 12–17) constitutes the rights of the individual in civil and political society. The third column (articles 18–21) is concerned with spiritual, public, and political freedoms, such as freedom of religion and freedom of association. The fourth column (articles 22–27) sets out social, economic, and cultural rights. Finally,
13596-478: The injustice, but even the futility from the point of view of social welfare , of torture and the death penalty. Influenced by the book, Grand Duke Leopold II of Habsburg, the future emperor of the Holy Roman Empire , abolished the death penalty in the then-independent Grand Duchy of Tuscany , the first abolition in modern times. On 30 November 1786, after having de facto blocked executions (the last
13728-620: The island was independent) was the first legislative assembly in the world to abolish the death penalty in 1824. Tahiti commuted the death penalty to banishment. In the United States, Michigan was the first state to ban the death penalty, on 18 May 1846. The short-lived revolutionary Roman Republic banned capital punishment in 1849. Venezuela followed suit and abolished the death penalty in 1863 and San Marino did so in 1865. The last execution in San Marino had taken place in 1468. In Portugal, after legislative proposals in 1852 and 1863,
13860-711: The jurisdiction, but commonly include serious crimes against a person, such as murder , assassination , mass murder , child murder , aggravated rape , terrorism , aircraft hijacking , war crimes , crimes against humanity , and genocide , along with crimes against the state such as attempting to overthrow government , treason , espionage , sedition , and piracy . Also, in some cases, acts of recidivism , aggravated robbery, and kidnapping , in addition to drug trafficking, drug dealing, and drug possession, are capital crimes or enhancements. However, states have also imposed punitive executions, for an expansive range of conduct, for political or religious beliefs and practices, for
13992-401: The killing of conspirators without judgment by decision of the Senate ( Senatus consultum ultimum ) and was supported by the majority of senators; among the minority voices opposed to the execution, the most notable was Julius Caesar . The custom was different for foreigners who did not hold rights as Roman citizens , and especially for slaves, who were transferrable property. Crucifixion
14124-523: The last three articles provide the pediment which binds the structure together, as they emphasize the mutual duties of every individual to one another and to society. During World War II , the Allies —known formally as the United Nations —adopted as their basic war aims the Four Freedoms : freedom of speech , freedom of religion , freedom from fear , and freedom from want . Towards the end of
14256-463: The majority of countries have abolished capital punishment, over half of the world's population live in countries where the death penalty is retained, including India, the U.S., Indonesia, Pakistan, Bangladesh, Japan, Vietnam, Egypt, Nigeria, Ethiopia and DR Congo. As of 2023, only 2 out of 38 OECD member countries (the United States and Japan ) allow capital punishment. Capital punishment
14388-459: The oldest human rights organizations, has as its core mandate the promotion of the respect for all rights set out in the Declaration, the International Covenant on Civil and Political Rights , and the International Covenant on Economic, Social and Cultural Rights . Amnesty International , the third oldest international human rights organization, has regularly observed Human Rights Day and organized worldwide events to bring awareness and support of
14520-424: The organization later, which accounts for the comparatively smaller number of states who participated in the historic vote. 10 December, the anniversary of the adoption of the Universal Declaration, is celebrated annually as World Human Rights Day or International Human Rights Day. The commemoration is observed by individuals, community and religious groups, human rights organizations, parliaments, governments, and
14652-408: The protection of their recognized human rights. According to a 2022 study, the UDHR "significantly accelerated the adoption of a particular set of [national] constitutional rights". One scholar estimates that at least 90 national constitutions drafted since the Declaration's adoption in 1948 "contain statements of fundamental rights which, where they do not faithfully reproduce the provisions of
14784-600: The then emperor of the Holy Roman Empire, abolished in his immediate lands in 1787 capital punishment, which though only lasted until 1795, after both had died and Leopolds son Francis abolished it in his immediate lands. In Tuscany it was reintroduced in 1790 after Leopolds departure becoming emperor. Only after 1831 capital punishment was again at times stopped, though it took until 2007 to abolish capital punishment in Italy completely. The Kingdom of Tahiti (when
14916-470: The thick rod or of exile to the remote Lingnan region might take the place of capital punishment. However, the death penalty was restored only 12 years later in 759 in response to the An Lushan Rebellion . At this time in the Tang dynasty only the emperor had the authority to sentence criminals to execution. Under Xuanzong capital punishment was relatively infrequent, with only 24 executions in
15048-468: The time of the Declaration's adoption by the General Assembly in 1948, Eleanor Roosevelt said: In giving our approval to the declaration today, it is of primary importance that we keep clearly in mind the basic character of the document. It is not a treaty; it is not an international agreement. It is not and does not purport to be a statement of law or of legal obligation. It is a declaration of basic principles of human rights and freedoms, to be stamped with
15180-484: The universal and effective recognition and observance of the human rights set out in the Declaration. Eleanor Roosevelt supported the adoption of the text as a declaration, rather than as a treaty, because she believed that it would have the same kind of influence on global society as the United States Declaration of Independence had within the United States. Even though it is not legally binding,
15312-506: The war, the United Nations Charter was debated, drafted, and ratified to reaffirm "faith in fundamental human rights , and dignity and worth of the human person" and commit all member states to promote "universal respect for, and observance of, human rights and fundamental freedoms for all without distinction as to race, sex, language, or religion." When the atrocities committed by Nazi Germany became fully apparent after
15444-484: The war, the consensus within the world community was that the UN Charter did not sufficiently define the rights to which it referred. It was deemed necessary to create a universal declaration that specified the rights of individuals so as to give effect to the Charter's provisions on human rights . In June 1946, the Economic and Social Council (ECOSOC)—a principal organ of the newly founded United Nations that
15576-430: The world, nations in the form of ancient republics, monarchies or tribal oligarchies emerged. These nations were often united by common linguistic, religious or family ties. Moreover, expansion of these nations often occurred by conquest of neighbouring tribes or nations. Consequently, various classes of royalty, nobility, various commoners and slaves emerged. Accordingly, the systems of tribal arbitration were submerged into
15708-399: The world, owing to her ability to appeal to different and often opposing political blocs. The meeting record provides firsthand insight into the debate on the Declaration's adoption. South Africa 's position can be seen as an attempt to protect its system of apartheid , which clearly violated several articles in the Declaration. Saudi Arabia 's abstention was prompted primarily by two of
15840-423: The year 730 and 58 executions in the year 736. The two most common forms of execution in the Tang dynasty were strangulation and decapitation, which were the prescribed methods of execution for 144 and 89 offences respectively. Strangulation was the prescribed sentence for lodging an accusation against one's parents or grandparents with a magistrate, scheming to kidnap a person and sell them into slavery and opening
15972-463: Was Smuts who inserted the word dignity as a human right into the charter. Despite te Water's efforts, the word dignity was included in the declaration as a human right. With a vote of 12 in favour, none opposed, and four abstaining, the CHR approved the proposed Declaration, though was unable to examine the contents and implementation of the proposed Covenant. The Commission forwarded the approved text of
16104-413: Was a crime, a judge must define the penalty allowing the crime to be annulled by compensating it. This is how pecuniary compensation appeared for criminals the least recalcitrant and whose rehabilitation is deemed possible. However, for others, he argued, the death penalty is necessary. This philosophy aims on the one hand to protect society and on the other hand to compensate to cancel the consequences of
16236-519: Was a form of punishment first employed by the Romans against slaves who rebelled , and throughout the Republican era was reserved for slaves , bandits , and traitors . Intended to be a punishment, a humiliation, and a deterrent, the condemned could take up to a few days to die. Corpses of the crucified were typically left on the crosses to decompose and to be eaten by animals. There was a time in
16368-536: Was abolished for all offences in 1998. Protocol 13 to the European Convention on Human Rights, first entering into force in 2003, prohibits the death penalty in all circumstances for those states that are party to it, including the United Kingdom from 2004. Universal Declaration of Human Rights The Universal Declaration of Human Rights ( UDHR ) is an international document adopted by
16500-444: Was adopted by the General Assembly as UN Resolution A/RES/217(III)[A] on 10 December 1948 in the Palais de Chaillot , Paris. Of the 58 United Nations members at the time, 48 voted in favour, none against, eight abstained , and Honduras and Yemen failed to vote or abstain. Eleanor Roosevelt is credited with having been instrumental in mustering support for the Declaration's adoption, both in her native U.S. and across
16632-562: Was called upon by the UN Secretary-General to work on the project, becoming the Declaration's principal drafter. Other prominent members of the Drafting Committee included Vice-Chairman P.C. Chang of the Republic of China , René Cassin of France; and its Committee Rapporteur Charles Malik of Lebanon . A month after its creation, the Drafting Committee was expanded to include representatives of Australia, Chile, France,
16764-457: Was circulated among member states and subject to several proposed amendments; for example, Hansa Mehta of India notably suggested that the Declaration assert that "all human beings are created equal," instead of "all men are created equal," to better reflect gender equality. Charles Theodore Te Water of South Africa fought very hard to have the word dignity removed from the declaration, saying that "dignity had no universal standard and that it
16896-567: Was forbidden to evangelise or spread Christianity ) in the lands invaded by the Arab Muslims on pain of death, they were banned from bearing arms, undertaking certain professions, and were obligated to dress differently in order to distinguish themselves from Arabs. Under sharia , Non-Muslims were obligated to pay jizya and kharaj taxes, together with periodic heavy ransom levied upon Christian communities by Muslim rulers in order to fund military campaigns, all of which contributed
17028-424: Was in 1769), Leopold promulgated the reform of the penal code that abolished the death penalty and ordered the destruction of all the instruments for capital execution in his land. In 2000, Tuscany's regional authorities instituted an annual holiday on 30 November to commemorate the event. The event is commemorated on this day by 300 cities around the world celebrating Cities for Life Day . Leopolds brother Joseph ,
17160-402: Was not a 'right'." Te Water believed—correctly, as it turned out—that listing human dignity as a human right would lead to criticism of the apartheid system that had just been introduced by the new National Party government of South Africa. Malik in response stated that Prime Minister Jan Smuts of South Africa had played an important role in drafting the United Nations Charter in 1945, and it
17292-525: Was really directed at Dr. Malik, from whom it drew a prompt retort as he expounded at some length the philosophy of Thomas Aquinas . Dr. Humphrey joined enthusiastically in the discussion, and I remember that at one point Dr. Chang suggested that the Secretariat might well spend a few months studying the fundamentals of Confucianism! In May 1948, roughly a year after its creation, the Drafting Committee held its second and final session, where it considered
17424-441: Was under age 18 at the time the crime was committed). In the United States, 23 of the 50 states and Washington, D.C. ban capital punishment. In the United Kingdom, it was abolished for murder (leaving only treason, piracy with violence , arson in royal dockyards and a number of wartime military offences as capital crimes) for a five-year experiment in 1965 and permanently in 1969, the last execution having taken place in 1964. It
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