124 IRINA MOROIANU ZLĂTESCU
The 70 years since the proclamation of the Universal Declaration of Human
Rights by the United Nations General Assembly, more precisely on the 10th of
December 1948, have hardly diminished the power of the message conveyed by
this document of exceptional importance, meant to consecrate a common ideal for
all nations, the foundation on which the construct of human rights has been
edified. The main author of the draft, René Cassin, laureate of the Nobel Peace
Price after the adoption of the Declaration, compared the latter with the porch of a
temple sustained by four columns. The first column is the one of the personal
rights and liberties. The second regards the rights of the individual in relation to
the groups he belongs to and to the elements of the outer world. The third pillar is
the one of the spiritual faculties and the forth, the one of the economic, social and
cultural rights. Above these columns should be set a gable that binds the individual
and the society7. The basic principles that guide the United Nations’ entire outlook
about human rights are the universality, the indivisibility, the interdependence
and the inalienability of human rights.
Another evidence in favor of this principle is the very passing of the two
Covenants under the same resolution and the opening for signature on the same
day. Also, Resolution 42 (V) of December 4th 1950 by the General Assembly had
explicitly asserted that enjoyment of the civil and political freedoms as well as the
economic, social and cultural rights are related and condition each other and that
the man deprived of economic, social and cultural rights does not represent the
human person that the Universal Declaration of Human Rights considers to be the
ideal of the free man. The very Preamble to the International Covenant on Civil
and Political Rights asserts that „the ideal of free human beings enjoying civil and
political freedom and freedom from fear can only be achieved if conditions are
created whereby everyone may enjoy his civil and political rights, as well as his
economic, social and cultural rights”. The Conference of Teheran of 1968, devoted
to the 20th anniversary of the Universal Declaration of Human Rights, reiterated the
great importance of this principle. The Declaration was passed by a vast majority,
namely 48 States8 voted yes, 8 States abstained9 and there was no vote against. Two
States were absent10. The Declaration appreciated from the very moment it was
Declaration of Human Rights, the International Covenant on Civil and Political Rights, the International
Covenant on Economic, Social and Cultural Rights,, respectively their Protocols, as well as other
fundamental human rights treaties.
7 Irina Moroianu Zltescu, Drepturile omului – un sistem in evoluie, Ed. IRDO, Bucharest, 2008, p. 79-97.
8 Afghanistan, Argentina, Australia, Belgium, Burma, Bolivia, Brazil, Canada, Chile, China,
Columbia, Costa Rica, Cuba, Denmark, the Dominican Republic, Egypt, El Salvador, Ecuador, Ethiopia,
France, Greece, Guatemala, Haiti, India, Iraq, Iran, Icela nd, Lebanon, Liberia, Luxembourg, Mexico, The
Netherlands, New Zeeland, Nicaragua, Norway, Pakistan, Panama, Paraguay, Peru, Philippines, The
United Kingdom, The United States of America and Venezuela.
9 The Soviet Socialist Republic of Belarus, Czechoslovakia, Poland, Saudi Arabia, The Soviet Socialist
Republic of Ukraine, The Union of South Africa, The Union of Soviet Socialist Republics, Yugoslavia.
10 Honduras and Yemen.