The “Right to Equality” in Universal Declaration of Human Rights (UDHR): a Qur’anic Analysis
Keywords:Human Rights, Equality, Dignity, Violations, Discriminations, Implementations
The “Right to Equality” has been articulated in the first article of the “Universal Declaration of Human Rights (UDHR) 1948”. The Qur’an and Sunnah had also instructed about it centuries before. But the Right has been neglected and violated throughout the globe with impunity despite clear declaration and stern actions from the UN and paramount emphasis in the Qur’an and Sunnah for protecting this right. The purpose of this study therefore, is to explore how this “Right to Equality” has been enshrined in UDHR and in the Qur’an and Sunnah; how it is being protected by UN and by the Qur’an and Sunnah; and whether this right is compatible with the sacred texts of the Qur’an and the instructions of the Sunnah of Prophet (PBUH). This study has adopted descriptive, analytical, evaluative and critical methods to describe the fundamental human right in the UDHR and the Qur’an, to analyse and evaluate its stance in the light of the sacred texts and provide critical evaluation whenever necessary. The study found that the UDHR enshrined this “Right to Equality” with a clear statement wherein no clause appears to be contradictory with the teachings of the Qur’an and Sunnah. The contradictions appear when some interpreters misconstrue this right according to their whims, and personal interests. Consequently, the abuse of this right, inequality, discriminations against some particular people on the basis of race, gender, colour, religion and ethnicity are common across the world, though UN is diligent with its other entities for promoting and protecting this right. The Qur’an Sunnah’s noble approach seems strongly effective for promoting and protecting it, as the Qur’anic commands and declaration of rewards for its implementation make this right actively implemented and the strong prohibitions, warnings and declaring sever punishments for violations make it strongly protected.
Muslim Ibn Al-Hajjaj Abu Al-Hasan Al-Qushairi. Sahih Muslim. Muhammad Fuad Abdul-Baqi (Editor). Beirut: Dar Ihya Al-Turath Al-`Arabi.
American Psychological Association. (2020). “Discrimination, what it is? And how to cope?” American Psychological Association. https://www.apa.org/helpcenter/discrimination. Accessed 24 March 2020.
Amnesty International. (2022). “Women’s Rights,” Amnesty International. https://www.amnesty.org/en/what-we-do/discrimination/womens-rights/. Accessed 19 Jun 2022.
Association of Southeast Asian Nations. (November 19, 2012). “ASEAN Human Rights Declaration.” https://asean.org/asean-human-rights-declaration/. Accessed 12 Sep. 22.
Balakrishnan, M. S. and D'Lima, M.: “The negative impact of reducing the gender gap 2008.” University Of Wollongong In Dubai, 2008, P.14. https://ro.uow.edu.au/dubaipapers/16. Accessed 2 April 2020.
Farrior, Stephanie. (2015) “Equality and Non-Discrimination under International Law.” Vermont Law School Research Paper. Stephanie Farrior, ed. Ashgate Publishing. Vol.2, No. 3-15.
Human Rights Commission. (11 January 2018). “Right to Equality: most violated human right.” The South African Human Rights Commission. https://www.sahrc.org.za/index.php/sahrc-media/news/item/1130-right-to-equality-most-violated-human-right-human-rights-commission. Accessed 2 April 2020.
Human Rights Watch. (2021). “I Always Remember That Day: Access to Services for Survivors of Gender-Based Violence in Ethiopia’s Tigray Region.” Human Rights Watch. November 9, 2021. https://www.hrw.org/report/2021/11/09/i-always-remember-day/access-services-survivors-gender-based-violence-ethiopias#./
Human Rights Watch. (2021). “I Had Nowhere to Go: Violence Against Women and Girls During the Covid-19 Pandemic in Kenya.” Human Rights Watch, September 21, 2021. https://www.hrw.org/report/2021/09/21/i-had-nowhere-go/violence-against-women-and-girls-during-covid-19-pandemic-kenya
International Islamic University Malaysia. (IIUM). (2021). “The last Sermon of Prophet Muhammad (PBUH), IIUM. https://www.iium.edu.my/deed/articles/thelastsermon.html. Accessed 16 November 2021.
Islamic Council of Europe. (19 September 1981). “Universal Islamic Declaration of Human Rights.” Human Rights Library. University of Minnesota. http://hrlibrary.umn.edu/instree/islamic_declaration_HR.html. Accessed 27 January 2021.
Nancy, flowers. Edited. (1998). 1st Edition. Human Rights Here and Now Celebrating the Universal Declaration of Human Rights. Human Rights Educators' Network. Amnesty International USA. Human Rights Resource Center. ISBN 0-929293-39-8.
Office of the High Commissioner for Human Rights. (2018). “30 Articles on the 30 Articles of the Universal Declaration of Human Rights: UDHR: 30 articles on the 30 Articles. United Nations.https://www.ohchr.org/en/NewsEvents/Pages/DisplayNews.aspx?NewsID=23871&LangID =E. Accessed 21 March 2020.
OHCHR. (2020). “A Special Focus on Discrimination,” Office of The High Commissioner for Human Rights. United Nations. https://www.ohchr.org/EN/Issues/Discrimination/Pages/LGBT.aspx. Accessed 24 March 2020.
Office of the High Commissioner for Human Rights. (2020). “Enhancing Equality and Countering Discrimination.” United Nations. https://www.ohchr.org/EN/AboutUs/Pages/Enhancingequalityandcounteringdiscrimination.aspx. Accessed 24 March 2020.
Organization of Islamic Cooperation, (OIC). “The Cairo Declaration on Human Rights in Islam.” (Aug. 5, 1990). Human Rights Library. University of Minnesota. http://hrlibrary.umn.edu/instree/cairodeclaration.html. Accessed 27 January 2020.
United Nations. “Universal Declaration of Human Rights.” (10 December 1948). United Nations General Assembly resolution 217 A. Paris. https://www.un.org/en/about-us/universal-declaration-of-human-rights. Accessed 30 April 2022.
UN Women. (2021). “OSAGI Gender Mainstreaming - Concepts and definitions.” UN Women. United Nations. https://www.un.org/womenwatch/osagi/conceptsandefinitions.htm. Accessed 7 November 2021.
UN Women. (2019 ). “Generation Equality: Realizing women’s rights for an equal future.” United Nations Entity for Gender Equality and the Empowerment of Women. UN Women. https://www.unwomen.org/en/digital-library/publications/2019/05/generation-equality. accessed 21 March 2020.
United Nations. (2022). “Transforming our world: the 2030 Agenda for Sustainable Development.” Sustainable Development. Department of Economic and Social Affairs. https://sdgs.un.org/2030agenda. Accessed 19 June 2022.
United Nations. (2022). “The Right to Equality and Non-Discrimination in the Administration of Justice.” Human Rights in the Administration of Justice: A Manual on Human Rights for Judges, Prosecutors and Lawyers. United Nations.