Today marks the 60th anniversary of the passage of the Universal Declaration of Human Rights. This historic document was well ahead of its time. As noted by High Commissioner for Human Rights Louise Arbour:

It is difficult to imagine today just what a fundamental shift the Universal Declaration of Human Rights represented when it was adopted sixty years ago. In a post-war world scarred by the Holocaust, divided by colonialism and wracked by inequality, a charter setting out the first global and solemn commitment to the inherent dignity and equality of all human beings, regardless of colour, creed or origin, was a bold and daring undertaking.

Here is a UN photo of Eleanor Roosevelt, who served as President and Chair of the Commission on Human Rights during the drafting of the Declaration, holding a copy of the Declaration in Spanish:

Eleanor

The Declaration can be read in its entirety here, but I have included one excerpt that is particularly timely below:

Article 5.

No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.


Sadly, just yesterday we were provided with another of the many examples of how the George W. Bush Administration has moved US policy out of compliance with the Declaration. The US Court of Appeals heard arguments yesterday in the case of Maher Arar, a Canadian citizen who was detained in September, 2002 as he changed planes at New York’s Kennedy International Airport. He subsequently was rendered to Syria, where he was tortured extensively and detained in a cell the size of a grave. As reported by the New York Times, in yesterday’s arguments:

Even if the government agreed with a Canadian citizen’s claims that American officials sent him to Syria in 2002 to be tortured, he should not be allowed to sue for damages because there was no Constitutional violation and Congress has not authorized such lawsuits, a Justice Department lawyer argued on Tuesday before a federal appeals court in Manhattan.

Here is more from Arar’s attorney:

Mr. Arar’s lawyer, David D. Cole, argued that American officials had not only sent Mr. Arar to Syria to be tortured in order to make him talk, but that before doing so, while he was detained here, they kept him from seeking help in the legal system.

It turns out that the Universal Declaration of Human Rights has something to say about that. Quite a bit, actually. The next few articles:

Article 6.

Everyone has the right to recognition everywhere as a person before the law.

Article 7.

All are equal before the law and are entitled without any discrimination to equal protection of the law. All are entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination.

Article 8.

Everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the constitution or by law.

Article 9.

No one shall be subjected to arbitrary arrest, detention or exile.

It was truly sad to watch yesterday’s proceedings, which were broadcast by CSPAN. At several points, there was outright derisional laughter as the prosecutor made his ridiculous arguments for why Mr. Arar should have no recourse in this case.

Canada already has admitted its error in the Arar case and stated that Mr. Arar had no connection to terrorism. He has received a large cash settlement from the Canadian government. The US government, by contrast, continues to put forward arguments that are met with outright derision. Several of the judges on the panel suggested that when the Obama Administration takes over, the position of the United States in this case may change. I certainly hope so. It is well past time to take the International Declaration of Human Rights seriously once again.