The 60th anniversary of the Universal Declaration of Human Rights provides an opportunity to look back on the achievements of the past 60 years in the promotion and protection of human rights. For some of us these achievements are largely positive, since the need for respect for human dignity has become a widely accepted standard. But it is also our duty to recognize the gap between aspirations and achievements. Too many people in too many regions of the world are still waiting to enjoy their rights and freedoms; they are victims of intolerance, discrimination and serious violations of the rights mentioned in the Declaration. We do not yet live in a world where human rights are universally respected. This is a world where everyone’s help and commitment is needed for the realization of human rights.

The discrepancy between rhetoric and reality is why the 60th anniversary should be commemorated in a prospective way and seen as a time to translate the high principles of the Declaration into concrete actions. This is why the Swiss Government has decided to launch an initiative that not only takes stock of what has been accomplished, but is forward-looking, exploring new ways of giving human rights the weight and place they deserve in the 21st Century. The text entitled “Protecting Dignity: An Agenda for Human Rights,” presents concrete proposals, and, together with the follow-up research projects, aims to further enhance respect for human rights.

In the hope that this agenda contributes its part towards the enjoyment of human rights becoming a reality for all of us, I invite you to reflect upon the findings of the Panel of Eminent Persons and to engage with the follow-up research projects. May this agenda serve as a reminder to renew our ideas and redouble our action and commitment to the cause of human rights.

To mark the 60th anniversary of the Universal Declaration of Human Rights, the Government of Switzerland asked eight individuals with extensive human rights experience to join together to reflect on contemporary human rights challenges and develop in the form of an Agenda for Human Rights.

The work of the Eminent Persons Panel was also supported by the Governments of Norway and Austria which facilitated working meetings in Oslo and Vienna during 2008.

The Panel’s text Protecting Dignity: An Agenda for Human Rights is being presented to the Government of Switzerland and to the wider international community on the occasion of the 60th anniversary of the Universal Declaration of Human Rights.

It is hoped that this document, together with the follow-up research projects on select issues listed below, will encourage over the coming years further dialogue and action to improve respect for human rights around the world.

Sixty years ago, the Universal Declaration of Human Rights proclaimed that « recognition of the inherent dignity and of the equal and inalienable rights of the human family is the foundation of freedom, justice and peace in the world ».

Since the Declaration’s adoption, the vast majority of governments have formally incorporated international human rights standards into their national law and constitutions, and an ever widening circle of organizations and civil society networks from across the globe have called for accountability. These organizations have themselves increasingly integrated human rights principles into their own policies and practices.

Yet today the dignity of millions of people continues to be violated as a result of weak or ineffective governance, corruption, poverty, oppression, and war. From the ill-treatment of those in detention to the situations of many more lacking access to adequate food, basic health care, and opportunities for decent work, from the failure to protect civilians in danger to the lack of effective action to confront human trafficking, from the plight of migrants and stateless persons to the devastating impact of violence against children, these and other affronts to the dignity and rights of our fellow human beings shame us all.

As a group of independent individuals asked to identify major challenges and to offer proposals for future action, we believe it is essential to return to what binds the human family together – recognition of our shared humanity and dignity. Doing so is the best way to forge a new consensus around a long term vision and strategy – one which recognizes that sustained protection of human rights requires both effective national institutions and enhanced global accountability.

Human Rights Today

The gaps between recognition of human dignity and the realization of human rights remain wide – and have arguably grown even wider in recent years. Cold War divisions have given way to new forms of polarisation between North and South in key areas of policy, including trade, aid, and the environment.

The emergence of a more security-driven political environment in reaction to horrible terrorist attacks has been accompanied by acts of arbitrary detention, torture and enforced disappearance, and other serious assaults on human dignity. We emphasise that all measures taken to combat terrorism must comply with international human rights, refugee and humanitarian law.

Despite the fact that the Universal Declaration has been affirmed and reaffirmed by every government, it is regrettable that a shared understanding of human rights globally remains elusive. Rights are still sometimes perceived as embodying western rather than universal values. Some affirm civil and political liberties but do not recognize economic, social and cultural rights. Others degrade civil and political rights and respect for the rule of law, claiming the need to secure economic and social stability first. The Universal Declaration was conceived as a careful balance of individual freedoms, social protection, economic opportunity and duties to community. This holistic vision is as relevant today as it was sixty years ago.

Meeting the Challenge of Poverty

Today, more than one billion people – one in every six human beings – live in conditions of extreme poverty. The vast majority are women. A human rights strategy for the decades ahead must effectively address the 7 challenge of poverty. Poverty is an immensely complex phenomenon, rooted in exploitation, discrimination, unequal access to assets, location, capacity, alienation from public institutions, and the legacies of history. No one need be destined to this fate. Poverty can be eliminated by protecting and empowering the most marginalized.

The United Nations Millennium Development Goals (MDGs) mark progress in this regard because governments have made concerted commitments and set an unusually long time horizon for achieving results. How humbling it is therefore to realize that in 2008, after the immense efforts that have been made to bring the MDGs forward and encourage public and official support for them, at the half-way point to the target date of 2015 we already know that most of the poorest countries will not be close to halving poverty or to achieving the other goals which governments solemnly committed to achieving at the start of this century.

This is not to say that rapid progress can never be made. The vast sums that have been recently invested to combat inequities in global health, notably by multi-stakeholder alliances of governments, the private sector, civil society actors and private philanthropy, have had a demonstrable impact on the global vaccine market, on the incidence of tropical diseases, and on health services and immunisation programmes: millions of people have benefited. Yet these initiatives and the organizations involved have been among the most outspoken in stressing that lack of institutional capacity at national level represents the greatest obstacle to further progress.

Access to Justice and the Rule of Law

Strengthening national capacities to combat poverty in turn requires effective institutions which ensure respect for the rule of law. The reality is that billions of people are excluded from enjoying legal rights and protections. In many states judicial and law enforcement systems remain too weak, under-resourced or corrupt to carry out the tasks assigned to them. Efforts to support governments to build and reform their institutions too often assume that this monumental task can be accomplished in a few years. The consistent reiteration of unrealistic targets merely nourishes disappointment and failure. It is therefore crucial to invest in building effective national protection systems for human rights. By this, we mean institutional arrangements that function under a national constitutional and legal order to ensure that human rights - based on the international commitments of states - are protected. That includes the courts, police, prisons, social ministries, legislature, as well as national human rights institutions and other official monitoring bodies.

Human rights cannot be realized in the absence of effective and accountable institutions. Where courts are corrupt, over-burdened and inefficient, basic civil rights will be violated. Where social ministries are under-resourced, disempowered or lack qualified staff, basic rights to adequate health care, education and housing will remain unfulfilled. Effective national protection systems, including properly constituted national human rights institutions, must be complemented by space for civil society and human rights defenders, and support for their relationship with the formal system of promoting and protecting human rights.

A Global Fund for National Human Rights Protection Systems

It is true that reforming and building sound national institutions is a long, complex and expensive process that is rarely newsworthy. But it is essential. Though important work is being done to strengthen institutions, for example, in the fields of health and education, far too little emphasis has been placed on ensuring access to a well-functioning justice system.

We therefore call for the establishment of a new Global Fund for National Human Rights Protection Systems. This new Global Fund should draw on lessons learned from initiatives in health and other areas, and build on the recognition of the importance of preventive strategies and the need for effective and accountable justice systems.

Recognizing Shared Responsibilities

Though national action is fundamental, states also need to develop more effective international arrangements for addressing global problems. In this context, international human rights law must be developed so that it can more effectively regulate issues of accountability and cooperation between states, and define the responsibilities and accountability of non-state actors.

Consider the urgent human rights dilemmas posed by climate change. Few dispute that climate warming is likely to undermine the realization of a broad range of internationally protected human rights: rights to health and even life; rights to food, water, shelter and property; the rights of indigenous and traditional peoples; rights associated with livelihood and culture; with migration and resettlement; and with personal security in the event of conflict. Responsibility for human rights abuses linked to climate change often lies not with the government nearest to hand, but with diffuse actors, both public and private. This means recognizing shared responsibilities for human rights.

A World Court of Human Rights

One future step which seems to us essential in addressing many of these issues is the establishment of a fully independent World Court of Human Rights. Such a court, which should complement rather than duplicate existing regional courts, could make a wide range of actors more accountable for human rights violations.

We are convinced that progress towards the establishment of a World Court of Human Rights, together with a new Global Fund dedicated to strengthening national justice systems, would constitute constructive initiatives to protect human dignity in the 21st century.