Human Rights at 60
December 10, 2008
On Dec. 10, 1948, the United Nations ratified the Universal Declaration of Human Rights. It was a unique moment in time because the horrors of World War II were still fresh, but the polarization of the Cold War was not yet an impediment to global standards of this kind.
The driving force behind this declaration was Eleanor Roosevelt, the widow of the recently deceased four-term president. She had long been a force for social progress in the United States, supporting workers, African Americans, women and others asserting their rights.
Less well known in the long process that led to the ratification of this declaration was Dr. Peng-chun Chang. Born in China, Dr. Chang received his undergraduate degree at Clarke University and doctorate at Columbia University. Although he was an expert in Chinese history, religion and philosophy, his American education and skills as a diplomat had resulted in a sometimes-contentious process ending with a unanimous vote for ratification in the U.N. General Assembly.
When you get a moment, read the short document that contains the Preamble and the thirty Articles that make up the Declaration: udhr.org/UDHR/default.htm. Echoes of the United States Constitution and Bill of Rights are there. So are the Magna Carta and the human rights declarations of France, India, South Africa and other countries.
Looking back on the past eight years, the Bush administration’s focus on the so-called “War on Terror” has increased state power and diminished individual liberties. Many of the thirty articles of the UDHR, especially those related to the right to a fair trial, freedom from arbitrary detention and freedom from arbitrary interference with privacy, have been undermined in ways that will take years to repair.
Instead of focusing on how far we are falling short of the standards described in the declaration, however, let’s give thanks to those who are working to enforce and build upon those standards, so that they can enhance the lives of all people.
Professor David Yamada of Suffolk University Law School in Boston is just one example of an Asian Pacific American who has lived up to the ideals of the UDHR and whose everyday efforts are improving the lives of people all over the world.
Article 5 of the UDHR says that, “No one shall be subjected to torture or to cruel, inhuman, or degrading treatment or punishment.” The first section of Article 23 says that, “Everyone has the right to work, to free choice of employment, to just and favorable conditions of work and to protection against unemployment.”
Building on those sources of authority, Professor Yamada wrote an article in the Georgetown Law Journal in 2000 that has spawned a nation-wide movement to stop workplace bullying and give remedies to those who suffer from it.
Yamada went on to write model anti-bullying legislation, the “Healthy Workplace Bill,” which has been introduced in several state legislatures. To further advance this important concept, he has served as an affiliated scholar with the Workplace Bullying Institute (bullyinginstitute.org), and founded the New Workplace Institute (newworkplaceinstitute.org).
Building on Professor Yamada’s work, other Asian Pacific Americans have advanced the cause of psychological safety for workers. In 2005, Judge Sue Pai Yang of the New Jersey Worker’s Compensation Court wrote a key decision dealing with workplace bullying. She then was invited to present that decision to the annual New Jersey judges seminar.
In 2006, in her role as District 3 director of the National Association of Women Judges, Judge Yang initiated two programs funded by the New Jersey State Bar Foundation to raise public awareness about workplace bullying.
This year, New Jersey Assemblywoman Linda Greenstein decided to sponsor legislation in the New Jersey legislature that is modeled on Professor Yamada’s Healthy Workplace Bill. Among those pushing for the bill were lawyers and community leaders who had been alerted to the issue by Judge Yang’s seminars.
On Nov. 22, a Workplace Bullying program was held at the New Jersey Law Center with Assemblywoman Greenstein and noted authorities serving as panelists. Among the sponsors of the program were the Organization of Chinese Americans and other community groups.
Sixty years ago, the Universal Declaration of Human Rights passed because Eleanor Roosevelt convinced the assembled world leaders that “the destiny of human rights is in the hands of all our citizens in all our communities.” In 2008, as we each reread the declaration and rededicate ourselves to upholding its provisions, we can thank the efforts of leaders, such as Professor Yamada, Judge Yang and Assemblywoman Greenstein, and groups, such as the Organization of Chinese Americans. They, and millions of others around the world, are the best hope we have for keeping human rights alive for the next sixty years.
Comments
One Response to “Human Rights at 60”
Got something to say?
What a great article! Thank you Phil! Thanks to all the groups who support the UDHR and the anti-bullying Healthy Workplace Bill. Thanks to all who have or will sign the petition at http://www.gopetition.com/petitions/anti-bullying-healthy-workplace-bill.html .