72 .
The Court first of all recalls that the Universal Declaration of
Human Rights is a resolution adopted by the United Nations General
Assembly. The Court notes further that even though the Declaration
is one of the prime human rights instruments whose objective is to
protect the rights of individuals , it is not ratified by States.
73.
The Court recognizes however that although the Declaration is
not a treaty that should be ratified by States for it to enter into force, it
has attained the status of customary international law and a grundnorm. 1 It represents the universal recognition that basic rights and
fundamental freedoms are inherent to all human beings, inalienable
and equally applicable to everyone, and that everyone is born free
and equal in dignity and rights.2 It was proclaimed as the common
standard of achievement for all peoples and all nations, and over the
years, has inspired the development of human rights instruments at
national, regional and global levels. One such instrument is the
Charter. Article 60 of the Charter empowers the Court to "draw
inspiration from international law on human and peoples' rights,
particularly from the provisions of various African instruments on
human and peoples' rights, the Charter of the United Nations, the
Charter of the Organizatio
t-Afr" an Unity, the Universal Declaration
of Human Rights, ... ".
1
Jorge E Sanchez-Cordero Grossmann, "Promoting human rights as an International policy for world
peace", Mexican Law Review, Number 2 January - June 2009
2www un.org/en/documents/udhr/hr
law.shtml
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