Introduction
The concept of human rights has been a cornerstone of human civilization for centuries, evolving significantly over time. From ancient documents to modern declarations, the notion of inherent dignity and worth has shaped the course of history. This journey, spanning centuries, has transformed human rights into a universal language, transcending borders and cultures.
The evolution of human rights is a testament to humanity’s pursuit of justice, equality, and freedom. Key milestones, such as the Magna Carta, English Bill of Rights, American Declaration of Independence, French Declaration of the Rights of Man and Citizen, and ultimately, the Universal Declaration of Human Rights (UDHR), have collectively contributed to the development of human rights as we understand them today.
This article will embark on an exploration of this remarkable journey, tracing the path from the Magna Carta’s signing in 1215 to the adoption of the UDHR in 1948. By examining these pivotal moments, we will gain insight into the progression of human rights and their significance in modern society.
The Magna Carta (1215)
The Magna Carta, or “Great Charter”, was arguably the most significant early influence on the extensive historical process that led to the rule of constitutional law today in the English-speaking world.
In 1215, after King John of England violated a number of ancient laws and customs by which England has been governed, his subjects forced him to sign the Magna Carta, which enumerates what later came to be thought of as human rights. Among them was the right of the church to be free from governmental interference, the rights of all free citizens to own and inherit property and to be protected from excessive taxes. It established the right of widows who owned property to choose not to remarry, and established principles of due process and equality before the law. It also contained provisions forbidding bribery and official misconduct.
Widely viewed as one of the most important legal documents in the development of modern democracy, the Magna Carta was a crucial turning point in the struggle to establish freedom.
Petition of Right (1628)
The next recorded milestone in the development of human rights was the Petition of Right, produced in 1628 by the English Parliament and sent to Charles I as a statement of civil liberties. Refusal by Parliament to finance the King’s unpopular foreign policy had caused his government to exact forced loans and to quarter troops in subjects’ houses as an economy measure. Arbitrary arrest and imprisonment for opposing these policies had produced in parliament a violent hostility to Charles and to George Villiers, the Duke of Buckingham. The petition of Right, initiated by Sir Edward Coke, was based upon earlier statutes and charters and asserted four principles: (1) No taxes may be levied without consent of Parliament, (2) No subject may be imprisoned without cause shown (reaffirmation of the right of habeas corpus), (3) No soldiers may be quartered upon the citizenry, and (4) Martial law may not be used in time of peace.
English Bill of Rights 1689
The Bill Rights 1689 is an iron gall ink manuscript on parchment. It is an original Act of the English Parliament and has been in the custody of Parliament since its creation. The bill firmly established the principles of frequent parliaments, free elections and freedom of speech within parliament- known today as Parliamentary privilege. It also includes no right of taxation without Parliament’s agreement, freedom from government interference, the right of petition and just treatment of people by courts. The main principles of the Bill of Rights are still in force today- particularly being cited in legal cases-and was used as a model for the US Bill of Rights 1789. Its influence can also be seen in other documents establishing the rights of humans, such as the United Nations Declaration of Human Rights and the European Convention on Human Rights.
Universal Declaration of Human Rights
The Universal Declaration of Human Rights (UDHR) is an international document adopted by the United Nations General Assembly that enshrines the rights and freedoms of all human beings. Drafted by a United Nations (UN) committee chaired by Eleanor Roosevelt, it was accepted by the General Assembly as Resolution 217 during its third session on 10 December 1948 at the Palais de Chaillot in Paris, France of the 58 members of the UN at the time, 48 voted in Favour, none against, eight abstained, and two did not vote. A foundational text in the history of human and civil rights, the Declaration consists of 30 articles detailing an individual’s “basic rights and fundamental freedoms”and affirming their universal character as inherent, inalienable, and applicable to all human beings. Adopted as a “common standard of achievement for all peoples and all nations”, the UDHR commits nations to recognize all humans as being “born free and equal in dignity and rights” regardless of “nationality, place of residence, sex, national or ethic origin, color, religion, language, or any other status”.
The Universal declaration of Human Rights consists of the following:
- The preamble sets out the historical and social causes that led to the necessity of drafting the Declaration.
- Articles 1-2 establish the basic concepts of dignity, liberty and equality.
- Articles 3-5 establish other individual rights, such as the right to life and the prohibition of slavery and torture.
- Articles 12-17 set forth the rights of the individual towards the community, including freedom of movement and residence within each state, the right of property, the right to a nationality and right to asylum.
- Articles 18-21 sanction the so-called “constitutional liberties” and spiritual, public, and political freedoms such as freedom of thought, opinion, expression, religion and conscience, word, peaceful association of the individual, and receiving and imparting information and ideas through any media.
- Articles 22-27 sanction an individual’s economic, social and cultural rights, including healthcare. It upholds an expensive right to an adequate standard of living, and makes special mention of care given to those in motherhood or childhood.
- Articles 28-30 establish the general means of exercising these rights, the areas in which the rights, the areas in which the rights of the individual cannot be applied, the duty of the individual to society, and the prohibited of the purposes of the United Nations Organization.
Conclusion
The evolution of human rights from the Magna Carta to the Universal Declaration of Human Rights (UDHR) is a testament to humanity’s pursuit of justice, equality, and dignity. Over the centuries, key milestones and documents have collectively shaped the concept of human rights, transforming it into a universal framework that transcends borders and cultures.
From protecting noble rights to recognizing universal human dignity, this journey reflects humanity’s growing understanding of the importance of safeguarding individual freedoms and rights. The UDHR’s adoption in 1948 marked a significant milestone, establishing a global standard for human rights and inspiring ongoing efforts to promote and protect human dignity worldwide.
As we continue to navigate the complexities of the modern world, the principles enshrined in these foundational documents remain essential guides for promoting justice, equality, and human rights for all. By understanding and appreciating this evolution, we can better advocate for the protection and advancement of human rights, ensuring a more just and equitable world for future generations.
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