History of Human Rights

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.
Precursors of 20th Century Human Rights Documents

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.
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.
The Birth of the United Nations
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."
Governments then committed themselves to establishing the United Nations, with the
primary goal of bolstering international peace and preventing conflict. People wanted to
ensure that never again would anyone be unjustly denied life, freedom, food, shelter,
and nationality.
The Universal Declaration of Human Rights
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 UDHR, commonly referred to as the international Magna Carta, extended the
revolution in international law ushered in by the United Nations Charter – namely, that
how a government treats its own citizens is now a matter of legitimate international
concern, and not simply a domestic issue. It claims that all rights
are interdependent and indivisible. Its Preamble eloquently asserts that:
[R]ecognition of the inherent dignity and of the equal and inalienable rights of all
members of the human family is the foundation of freedom, justice, and peace in the
world.
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."
The Human Rights Covenants

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 the International 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).
What, then, is a right, and how are human rights distinct from natural rights? For many
philosophical writers, a right is synonymous with a claim. The Oxford English Dictionary
defines a right as “a justifiable claim, on legal or moral grounds, to have or obtain
something, or act in a certain way.” The classic definition of a human right is a right
which is universal and held by all persons:
A human right by definition is a universal moral right, something which all men,
everywhere, at all times ought to have, something of which no one may be deprived
without a grave affront to justice, something which is owing to every human being
simply because he is human. (Cranston 1973: 36)
One frequently cited definition of human rights posits four necessary requirements:
First, it must be possessed by all human beings, as well as only by human beings.
Second, because it is the same right that all human beings possess, it must be
possessed equally by all human beings. Third, because human rights are possessed by
all human beings, we can rule out as possible candidates any of those rights which one
might have in virtue of occupying any particular status or relationship… And fourth, if
there are any human rights, they have the additional characteristic of being assertable,
in a manner of speaking, ‘against the whole world.’ (Wasserstrom 1979: 50)
The United Nations Office of the High Commissioner for Human Rights defines humans
rights as:
… rights inherent to all human beings, whatever our nationality, place of residence, sex,
national or ethnic origin, color, religion, language, or any other status. We are all equally
entitled to our human rights without discrimination. (“What are Human Rights?” n.d.)
The primary element recurring throughout each of these definitions is universality —
human rights are inalienable and fundamental rights to all persons are inherently
entitled simply by virtue of being human. As we will soon observe, this crucial and
existential element of universality is profoundly controversial and thus quite tenuous.
The innovation of human rights in the twentieth century extended the idea of individual
rights to include all human beings, regardless of citizenship or state affiliation. Human
rights helped reconstitute individual identity and freedom as something transcending
national borders. As the atrocities of the World Wars made clear, there were times when
the state became the citizen’s greatest enemy and outside protection was his or her
best and only hope. Before examining universality and other ideological conflicts
concerning the idea of human rights, let us turn our attention now to the various kinds of
rights that human rights encompass.
Louis Henkin, 'father of human rights law,' dies at 92.Oct 17, 2010 Jew

History of Human Rights

Uploaded by

Copyright:

Available Formats

History of Human Rights

Uploaded by

Document Information

Original Description:

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

History of Human Rights

Uploaded by

Copyright:

Available Formats

Its roots, however, lie in earlier tradition and documents of many cultures; it took the

Precursors of 20th Century Human Rights Documents

The Human Rights Covenants

You might also like