Human Rights
Human Rights
England
In Europe, assertions of individual rights evolved with the emergence of Nation-States.
The Magna Carta, first issued in 1215, was an early legal document that granted certain
rights to the English nobility by the King. The Magna Carta was reissued in different
forms and reinterpreted in England over several centuries. Many of its rules were about
the operation of feudal English society, though it influenced the development of rights in
the common law. One of its most important innovations was the right of free men not to
be imprisoned or punished except in accordance with the law.
In 1628, the English Parliament issued the Petition of Right, asserting further
limitations on the Kings power, including prohibiting arbitrary arrest or imprisonment
and interference with property rights.
Later, the parliament passed the English Bill of Rights (1689). The Bill of Rights was
mostly concerned with powers that could be exercised only by the parliament, not the
King, but included some individual rights, such as a prohibition on cruel and unusual
punishment.
Europe
Many early treaties mentioning individual rights concerned ethnic, religious or
linguistic minorities. In 1648 the Peace of Westphalia ended many years of war in
Europe and divided the continent into Nation-States, many of which are familiar today.
The peace treaties allowed the prince of each State to choose whether its national
religion would be Catholicism, Lutheranism or Calvinism, but provided for a limited
right of freedom of religion for other Christians living in that State.
At the Congress of Vienna in 1815, Austria, Prussia and Russia signed a declaration
stating that they would respect the nationality of their Polish subjects. This was one of
the first recorded formal recognitions in modern Europe of the right to an identity.
In the Treaty of Berlin (1878), the Balkan States that emerged after the disintegration of
the Ottoman Empire promised to respect the lives, property and religious liberties of
their citizens.
The peace treaties concluded at the end of the First World War included clauses
guaranteeing the protection of minorities. As national boundaries were redrawn, some
groups right to self-determination were recognised via a form of voting that allowed
them to elect which country they were to become parts of.
Protection of minorities became a condition of membership of the League of Nations,
and minority rights were thus guaranteed by the treaties which saw the establishment of
trust territories (administered by members of the League). These commitments proved
difficult to enforce.
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Contemporary international human rights law and the establishment of the United
Nations (UN) have important historical antecedents. Efforts in the 19th century to
prohibit the slave trade and to limit the horrors of war are prime examples. In 1919,
countries established the International Labor Organization (ILO) to
overseetreaties protecting workers with respect to their rights, including their health
and safety. Concern over the protection of certain minority groups was raised by the
League of Nations at the end of the First World War. However, this organization for
international peace and cooperation, created by the victorious European allies, never
achieved its goals. The League floundered because the United States refused to join and
because the League failed to prevent Japans invasion of China and Manchuria (1931)
and Italys attack on Ethiopia (1935). It finally died with the onset of the Second World
War (1939).
Adopted and proclaimed by General Assembly resolution 217 A (III) of 10 December
1948 On December 10, 1948 the General Assembly of the United Nations adopted and
proclaimed the Universal Declaration of Human Rights the full text of which appears in
the following pages. Following this historic act the Assembly called upon all Member
countries to publicize the text of the Declaration and to cause it to be disseminated,
displayed, read and expounded principally in schools and other educational institutions,
without distinction based on the political status of countries or territories.
Subsequent Human Rights Documents
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In Europe, the Americas, and Africa, regional documents for the protection and
promotion of human rights extend the International Bill of Human Rights. For example,
African states have created their own Charter of Human and Peoples Rights (1981), and
Muslim states have created the Cairo Declaration on Human Rights in Islam (1990). The
dramatic changes in Eastern Europe, Africa, and Latin America since 1989 have
powerfully demonstrated a surge in demand for respect of human rights. Popular
movements in China, Korea, and other Asian nations reveal a similar commitment to
these principles.
Preamble
Whereas recognition of the inherent dignity and of the equal and unalienable rights
of all members of the human family is the foundation of freedom, justice and peace in
the world,
Whereas disregard and contempt for human rights have resulted in barbarous acts
which have outraged the conscience of mankind, and the advent of a world in which
human beings shall enjoy freedom of speech and belief and freedom from fear and want
has been proclaimed as the highest aspiration of the common people,
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 12
No one shall be subjected to arbitrary interference with his privacy, family, home or
correspondence, nor to attacks upon his honour and reputation. Everyone has the right
to the protection of the law against such interference or attacks.
Article 18
Everyone has the right to freedom of thought, conscience and religion; this right
includes freedom to change his religion or belief, and freedom, either alone or in
community with others and in public or private, to manifest his religion or belief in
teaching, practice, worship and observance.
Article 25
2. Motherhood and childhood are entitled to special care and assistance. All
children, whether born in or out of wedlock, shall enjoy the same social protection.
Article 28
Article 30
Nothing in this Declaration may be interpreted as implying for any State, group or
person any right to engage in any activity or to perform any act aimed at the destruction
of any of the rights and freedoms set forth herein.
References :(i)
(ii)
(iii)
(iv)
(v)
http://www.cirp.org/library/ethics/UN-human/
https://www1.umn.edu/humanrts/edumat/hreduseries/hereandnow/Part1/short-history.htm
http://www.jus.uio.no/lm/un.universal.declaration.of.human.rights.1948/p
ortrait.a4.pdf
https://www.humanrights.gov.au/publications/what-universal-declarationhuman-rights
http://www.humanrights.com/what-are-human-rights/brief-history/cyruscylinder.html