Preface of the Universal Declaration of Human Rights

Interpretation through its Historical Context.

Abstract

This article is the result of research on the relationship between the preface of the Universal Declaration of Human Rights and its historical context. Law is the result of the interaction of human beings with their neighbors, and it is vital to understand it that its historicity is given due attention. In this tuning fork, it is imperative to realize that the Universal Declaration of Human Rights emerges in the turbulent 20th century, when humanity witnessed serious humanitarian tragedies that reached their peak in the two world wars. Thus, it must be pointed out that this document is a mark of the historical consciousness of its time, as crystallized in its preface. The preface has a fundamental importance in legal hermeneutics as an indication of the object and purpose of the legal instruments of International Law. From this perspective, despite not being a binding document, many provisions of the Universal Declaration of Human Rights have been consolidated as sources of International Law, even to the degree of primary sources. Finally, the investigation concluded that this document must be interpreted in view of the challenge taken on by the international community to guarantee the full protection of human rights, based on the organization and commitment of States and the political power of the international community. In this research, the deductive method was used, with literature review and interpretation of the relevant legislation and jurisprudence.