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A Short History of Human Rights
A Short History of Human Rights
A Short History of Human Rights
The belief that everyone, by virtue of her or his humanity, is entitled to certain
human rights is fairly new. Its roots, however, lie in earlier tradition and
documents of many cultures; it took the catalyst of World War II to propel
human rights onto the global stage and into the global conscience.
Documents asserting individual rights, such the Magna Carta (1215), the
English Bill of Rights (1689), the French Declaration on the Rights of Man and
Citizen (1789), and the US Constitution and Bill of Rights (1791) are the
written precursors to many of today’s human rights documents. Yet many of
these documents, when originally translated into policy, excluded women,
people of color, and members of certain social, religious, economic, and
political groups. Nevertheless, oppressed people throughout the world have
drawn on the principles these documents express to support revolutions that
assert the right to self-determination.
The idea of human rights emerged stronger after World War II. The
extermination by Nazi Germany of over six million Jews, Sinti and Romani
(gypsies), homosexuals, and persons with disabilities horrified the world.
Trials were held in Nuremberg and Tokyo after World War II, and officials from
the defeated countries were punished for committing war crimes, "crimes
against peace," and "crimes against humanity."
Member states of the United Nations pledged to promote respect for the
human rights of all. To advance this goal, the UN established a Commission
on Human Rights and charged it with the task of drafting a document spelling
out the meaning of the fundamental rights and freedoms proclaimed in the
Charter. The Commission, guided by Eleanor Roosevelt’s forceful leadership,
captured the world’s attention.
On December 10, 1948, the Universal Declaration of Human Rights
(UDHR)was adopted by the 56 members of the United Nations. The vote was
unanimous, although eight nations chose to abstain.
The influence of the UDHR has been substantial. Its principles have been
incorporated into the constitutions of most of the more than 185 nations now
in the UN. Although a declaration is not a legally binding document, the
Universal Declaration has achieved the status of customary international
law because people regard it "as a common standard of achievement for all
people and all nations."
With the goal of establishing mechanisms for enforcing the UDHR, the UN
Commission on Human Rights proceeded to draft two treaties: the
International Covenant on Civil and Political Rights (ICCPR) and
its optional Protocol and the International Covenant on Economic, Social and
Cultural Rights (ICESCR). Together with the Universal Declaration, they are
commonly referred to as theInternational Bill of Human Rights. The ICCPR
focuses on such issues as the right to life, freedom of speech, religion, and
voting. The ICESCR focuses on such issues as food, education, health, and
shelter. Both covenants trumpet the extension of rights to all persons and
prohibit discrimination.
As of 1997, over 130 nations have ratified these covenants. The United
States, however, has ratified only the ICCPR, and even that with many
reservations, or formal exceptions, to its full compliance. (See From Concept
to Convention: How Human Rights Law Evolves).
Subsequent Human Rights Documents
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
People’s 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.
Globally the champions of human rights have most often been citizens, not
government officials. In particular, nongovernmental organizations
(NGOs) have played a cardinal role in focusing the international community
on human rights issues. For example, NGO activities surrounding the 1995
United Nations Fourth World Conference on Women in Beijing, China, drew
unprecedented attention to serious violations of the human rights of women.
NGOs such as Amnesty International, the Antislavery Society, the
International Commission of Jurists, the International Working Group on
Indigenous Affairs, Human Rights Watch, Minnesota Advocates for Human
Rights, and Survivors International monitor the actions of governments and
pressure them to act according to human rights principles.
Government officials who understand the human rights framework can also
effect far reaching change for freedom. Many United States Presidents such
as Abraham Lincoln, Franklin Roosevelt, Lyndon B. Johnson, and Jimmy
Carter have taken strong stands for human rights. In other countries leaders
like Nelson Mandela and Vaclev Havel have brought about great changes
under the banner of human rights.
Human rights is an idea whose time has come. The Universal Declaration of
Human Rights is a call to freedom and justice for people throughout the world.
Every day governments that violate the rights of their citizens are challenged
and called to task. Every day human beings worldwide mobilize and confront
injustice and inhumanity. Like drops of water falling on a rock, they wear down
the forces of oppression and move the world closer to achieving the principles
expressed in the Universal Declaration of Human Rights.
The decrees Cyrus made on human rights were inscribed in the Akkadian language on a
baked-clay cylinder.
In 539 B.C., the armies of Cyrus the Great, the first king of ancient Persia,
conquered the city of Babylon. But it was his next actions that marked a major
advance for Man. He freed the slaves, declared that all people had the right to
choose their own religion, and established racial equality. These and other
decrees were recorded on a baked-clay cylinder in the Akkadian language with
cuneiform script.
Known today as the Cyrus Cylinder, this ancient record has now been
recognized as the world’s first charter of human rights. It is translated into all
six official languages of the United Nations and its provisions parallel the first
four Articles of the Universal Declaration of Human Rights.
Cyrus the Great, the first king of Persia, freed the slaves of Babylon, 539 B.C.
From Babylon, the idea of human rights spread quickly to India, Greece and
eventually Rome. There the concept of “natural law” arose, in observation of
the fact that people tended to follow certain unwritten laws in the course of
life, and Roman law was based on rational ideas derived from the nature of
things.
Documents asserting individual rights, such as the Magna Carta (1215), the
Petition of Right (1628), the US Constitution (1787), the French Declaration of
the Rights of Man and of the Citizen (1789), and the US Bill of Rights (1791)
are the written precursors to many of today’s human rights documents.
Magna Carta was a crucial step on the road to modern democracy. It may have started as a
peace treaty but it became a symbolic milestone in human history. The ideals it expressed
influenced the development of law and liberty throughout the world.
But the history of civil liberties is not an inevitable march towards democratic freedom: it's
marked by fierce debate, impetuous rulers and bloody conflict. Here we look at some of the hard-
won breakthroughs fuelled by the ideals of Magna Carta.
1166
Under pressure from his nobles, King Henry II began reform of the justice system in England.
The Assize of Clarendon committed to written law the formation of a kind of medieval
neighbourhood watch – a group of men would report crime to the King’s judges, meaning
responsibility for upholding the law rested with the community. It marked a shift towards an
early system of trial by a jury of peers. For the guilty, a punishment could be as extreme as
deportation or even the amputation of limbs.
The Charter of Liberties: A precursor to Magna CartaHenry II and the birth of a stateLawyer Harry
Potter on the church courts
1215
Magna Carta
David Starkey comes face to face with the 1215 Magna Carta Clip from David Starkey's
Magna Carta (BBC Two).
Transcript (PDF 192k)
King John, facing the threat of civil war, reluctantly agreed to demands by his wealthiest and
most powerful subjects - rebellious barons and bishops.
Alongside specific protections for their property and rights, the group’s demands included
clauses which established the right of all ‘free men’ to justice. While such an idea was not new,
this was the first time it was committed to written law. Magna Carta asserted that all – even the
King – were accountable and subject to the law.
How did Magna Carta forge the freedoms of 2015?The Legacy of Magna Carta on Radio 4
No free man shall be seized or imprisoned, or stripped of his rights…except by the
lawful judgement of his equals or by the law of the land.
1225
Topfoto
The charter was now an important tool for negotiating peace between a ruler and the ruled. Kings
continued to reissue the charter in times of civil unrest, including 1216, 1217 and 1225. The
1225 version issued by Henry III – John’s son and heir – is the version we remember today.
Strikingly issued of the King’s own ‘spontaneous and free will’, it redefined the nature of
monarchical rule in England, enshrining in law the principle that a king governs only with the
consent of his people.
Discover the 1225 version of Magna CartaThe January Parliament: The House of Commons is born
1517
1505
Helped by a Florentine family
From: Who was the real Thomas Cromwell?
1600
1628
David Starkey on Edward Coke's mission for civil liberties Clip from David Starkey's
Magna Carta (BBC Two).
Transcript (PDF 156k)
When King Charles I defied Parliament and flouted the rights of his subjects, lawyer Edward
Coke decided to curtail him.
He argued Charles’s actions violated the liberties afforded to his subjects by Magna Carta. He
drew up a new document, the Petition of Right, which turned the charter’s core principles into
constitutional law. Yet Charles wouldn’t be constrained for long and civil war ensued. Magna
Carta’s legacy of holding power to account reached its starkest and bloodiest conclusion yet: a
king put on trial and beheaded for breaching the rights and freedoms of his subjects.
Civil War and Revolution timelineIn Our Time: The Putney DebatesAgreement of People: A new
constitution?
AKG
It wasn’t until 1679 that the principles of the charter’s most famous clause became part of
English law. Habeas corpus ensured the state could not arbitrarily imprison people without the
backing of the law. If an individual was imprisoned without charge, they now had the right to
challenge their detention before a judge. A landmark in English legal history, it proved Magna
Carta had the power to influence the nation’s law some 300 years later and remains on the statute
book today.
Watch lawyer Harry Potter on habeas corpusListen to writer Frances Fyfield on habeas corpusHabaes
corpus at the British Library
1689
A glorious revolution
David Starkey on how the Bill of Rights profoundly changed Britain's democracy (Clip
from David Starkey's Magna Carta BBC Two)
Transcript (PDF 99k)
When another meddling monarch – King James II – was deposed, Parliament acted to ensure his
replacement would not interfere in the democratic process.
It was a momentous opportunity to reorganise England’s power structure according to the will of
the people. Before they could take power, the new King, William of Orange and his wife Mary
were required to agree to a Bill of Rights. It set out a series of rules governing how Parliament
should be run and limiting the power of the Crown. The monarch was no longer the sovereign
power in the land – Britain’s sovereignty now resided in the Palace of Westminster, rather than
the palace of a King.
The Glorious Revolution reconsidered on Radio 4John Locke My Favourite Political Thinker, MP Lisa
NandyHistory of Ideas: Thomas Hobbes' social contract
Join in society with others… for the mutual preservation of their lives, liberties, and
estates.
1776
When the mother country imposed a tax on its overseas colony, giving its inhabitants no say in
the matter, the likes of Thomas Jefferson saw it as breaching fundamental rights enshrined in
Magna Carta. The US Bill of Rights, ratified in 1791, promised liberty and equality under law.
Magna Carta harboured the symbolic power to shape a world well beyond 13th Century England.
Was the American Revolution inevitable?In Our Time: The French Revolution's legacyExplore the
Declaration of Independence
We claim nothing but the liberty and privileges of Englishmen in the same degree as if
we had still continued among our brethren in Great Britain.
1832
Getty
17:28, 30 May
1895-1899
Imperial adventures
From: Sir Winston Churchill: The greatest Briton?
25 April 1915
Getty
At a time when people were being asked to make the ultimate sacrifice for their country,
Britain’s political system needed to evolve.
The Representation of the People Act came at the end of World War One, when the seismic
events of the preceding years led to a profound re-evaluation of British society. It brought
reform, most notably granting women over the age of 30 – many of whom had played a major
role in the war effort – the right to vote, and represented a move towards greater political
equality among all British citizens.
The democratic aspiration… permeated the ancient life of early peoples. It blazed anew
in the Middle Ages. It was written in Magna Charta.
1948
AKG
The United Nations was established as the world reeled from the atrocities of the Second World
War.
It sought to foster a new co-operative international order. It adopted its Declaration in 1948
which set out to define and protect basic human rights to which it believed all individuals are
universally entitled. Many of its articles echo the sentiments of Magna Carta, such as the right to
equality before the law and protection against the arbitrary seizure of personal assets. In 1953,
the UN’s aspirations were enshrined in European law in the form of the European Convention on
Human Rights.
Listen: In Our Time: Rights in the 20th CenturyListen: Investigating international war crimes
This declaration may well become the international Magna Carta for all men
everywhere.
1998
Rule Britannia
Getty
The Old Bailey, the central criminal court of England and Wales.
The Human Rights Act, which came into force in the UK in October 2000, set out a series of
fundamental rights to which all citizens are entitled.
It brought together and codified 16 clauses from the European Convention of Human Rights and
ensured British citizens could process human rights issues through UK courts. Over 700 years
after King John appeased a group of rebellious barons, Magna Carta’s principles were being
reaffirmed in British law ready for a new millennium.
Listen: Moral Maze: Human Rights Act, Radio 4Listen: Britain and the Human Rights Act, Radio 4
2001
Liberty vs security
Dr David Starkey on Magna Carta in a new millennium Clip from David Starkey's Magna
Carta (BBC Two)
Transcript (PDF 153k)
Following the attack on New York’s World Trade Centre in 2001, British and US governments
introduced legislation to address the threat of terrorism.
This put civil liberties firmly back on the political agenda. Laws which enabled authorities to
monitor and detain people without charge were seen by some as an infringement of fundamental
rights first written down in Magna Carta. In 2008, debate raged when the government introduced
the Counter-Terrorism Bill, aiming to increase the maximum detention period for suspected
terrorists to 42 days. The clause was eventually dropped but not before leading MP David Davis
resigned in protest.
It seeks to further erode the fundamental legal and civil rights that have been the pride
of this country for centuries.
2014
Getty
He claimed the European convention was no longer fit for purpose, citing the Magna Carta as an
example of Britain’s commitment to liberty and equality. The move sparked debate – was reform
necessary or did it pose a threat to the legitimacy of human rights law in Britain? This latest
chapter in the story of civil liberties confirms the enduring legacy of Magna Carta – a symbolic
touchstone used to challenge, define and protect fundamental rights and freedoms by generations
throughout history.
Petition of Rights:
Geneva Conventions
1864–1977
WRITTEN BY:
Malcolm Shaw
LAST UPDATED: Dec 26, 2018 See Article History
After the Nürnberg and Tokyo trials, numerous international treaties and
war crimes. The four separate Geneva conventions, adopted in 1949, in theory
The importance of the Geneva Conventions and their additional protocols was
reflected in the establishment of war-crimes tribunals for Yugoslavia (1993)
and Rwanda (1994) and by the Rome Statute(1998), which created
an International Criminal Court.
Louis was only nineteen and France was on the edge of bankruptcy, but we're guessing
there are good times ahead…? Nope? Okay then.
February 6, 1778
France Officially joins the United States in Its War Against Great Britain
France had been unofficially supporting the U.S. for two years, but they finally started
admitting it—and hey, they can afford it right?
France's finances had finally gotten so bad that the king is willing to try asking a
representative body to meet and solve the problem for him.
May 5, 1789
The Estates General Meets in Versailles
Things didn't go well. It turns out the privileged classes weren't willing to raise taxes on
themselves and they could outvote the lower classes every time. What's a Third Estate
to do?
After being locked out of their meeting room for declaring themselves the National
Assembly and actually trying to fix France's money problems, the Third Estate met in
the King's indoor tennis court (ooh, fancy!) and promised to write a constitution.
July 14 1789
The Storming of the Bastille
Angry mobs in Paris broke into and burned down a prison in a somewhat misguided
attempt to get weapons and release political prisoners, neither of which were housed
there.
Finally getting something done, the National Assembly agreed on basic rights and a
direction for that constitution they'll eventually get around to.
An angry mob demanding bread marched on Versailles and forced the King and his
family to move back to Paris where they're placed in a state of house arrest, the
National Assembly relocates too.
September 3, 1791
France Adopts Its First Constitution
Using the Declaration of the Rights of Man and Citizen as a preamble the French
representatives finally agreed on a constitution making France a republic. Unfortunately,
it doesn't last very long and they burn through two other constitutions as the Revolution
became increasingly violent.
After a trial in which he was found guilty of conspiracy, Louis was sent to the guillotine.
The queen was also beheaded about nine months later.
November 9, 1799
Napoleon Bonaparte Became the Ruler of France
After leading the French military in several victories, Napoleon returned to France and
mounted a successful coup ending the French Revolution.