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ZAMBIAN OPEN UNIVERSITY

Email address [email protected]

Student ID 21981799

Program Bachelor of Laws (LLB)

Course name Human Rights law

Course code LL341

Year Third Year

Semester First

Assignment number one

Date of submission 17th September, 2021

Cell +260966092893

Lecturer Ms. Chinambu

QUESTION

Discuss in seven or eight pages the origins and development of human rights before the
Universal Declaration of Human Rights was adopted in 1948.
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INTRODUCTION

Human rights are fundamental rights which are inherent in all human beings regardless of
inter alia gender, racial, color, nationality and sex. It has been observed that these rights are
inalienable which means they can not be taken away unless the due process of the law has
followed. The origins of human rights can be traced back to 539 BC during the time of Cyrus
the Great who conquered the Babylon and freed all the slaves, and declared that everyone had
a right to choose his own religion, and established racial equality. Later the idea of human
rights spread very fast to other parts of world such as India, Greece and Rome where the
concept of natural law arose. Later it developed in England and United States where some
documents such as Magna Carta (1215); Petition of Right (1628) Habeas Corpus, the French
Declaration of the Rights of Man and Citizens (1789) and the US Bill of Rights (1791) were
developed. Therefore this assignment endeavors to critically discuss the origin and
development of human rights before the Universal Declaration of Human Rights was adopted
in 1948. Lastly a sound conclusion will be drawn after a critical discussion.

ORIGIN OF HUMAN RIGHTS

Fons et origo of human rights were outlined by ancient Asian ruler and philosophers such as
the first king of Persia known as Cyrus the Great who conquered Babylon. This was in 539
Before Christ, King Cyrus the Great freed up all the slaves and declared that everyone had a
right to choose his or her own religion and he established racial equality. 1 Further, other
decrees were recorded on the baked clay cylinder which is today known as Cyrus Cylinder
and recognized as the first world’s charter of human rights. 2 King Hammurabi also drew up
the Code of Hammurabi which contained the rights and secured the properties and his
people.3

Buddhism further does assign a high value to human beings, proclaims the inherent equality
of human beings, and advocates for moral behavior, nonviolence, and human freedom. These
traditional values form the foundation of Buddhist justifications for embracing human rights.’
King identifies sources of Buddhist justification of human rights. Such as Buddhism
recognizes the inherent dignity of the human being in the teachings on the ‘preciousness of
human birth’ and innate and universal capacity for ‘human enlighten ability’ in all sentient

1
Human Rights Evolution, accessed at www.humanrightsevolution/history.htm.
2
Ibid
3
Robertson A.H (1982).Human Rights in the World. (2ed), Man Chi University Press.
Page8
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beings.4 All human beings possess this Buddha Nature. Buddhism is against killing, theft,
lies, sexual misconduct, and the ingestion of intoxicants set forth a moral code that gives
‘negative claim-rights’ to those who might be harmed by these practices. 5 The Buddhist
tradition has a strong commitment to human equality. 6 Buddhism is committed to human
freedom, particularly by individuals in their decisions about their own spiritual path as
determined by their own experience, rather than external sources.
However, the idea of human rights spread so fast from Babylon to India, Greece and later in
Rome. Where the concept of natural or divine law arose, natural law was believed to have
been ordained by God and says that every person was created in God’s image; therefore all
persons were equal before God.7 Greek philosophers such as Socrates and Plato emphasized
on the same concept, Plato supported the principle of equality of all citizens in Greek city
states. Another roman ancient Cicero stated that it is a sin to try to change divine or natural
law.8 He further stated that there will be no change of laws in Rome now or any time soon. 9
Catholic bishop St Thomas Aquinas also said that there was an eternal law that was set by
God partially revealed directly to Man by God through the church and people who have
walked in the light of God.10 The stoics of the Greek philosophy came up with the idea of
equality, stoics considered men and women to be equal they also considered slaves to have
the equal like any one else. It should be noted that after this generation the concept of natural
law was replaced by the concept which was known as natural rights. Natural rights entails
that the rights are inherent and inalienable of every person.11

DEVELOPMENT OF HUMAN RIGHTS

The Feudal barons of England claimed King John and his oppressive regime had failed to
meet his obligations to protect the rights and property of his subjects under natural law. They
rebelled and demanded that he accept restraints upon his abusive exercise of power by

4
Shelton, D [2013], the Oxford Handbook of International Human Rights Law. Great Clarendon Street: OUP
Page 3
5
Shelton, D [2013], the Oxford Handbook of International Human Rights Law. Great Clarendon Street: OUP
page 3
6
Fernando de Varennes. Asia-Pacific human rights documents and resources. Volume
7
Parkinson F. (1977). The Philosophy of International Relations: A study in the History of Though. Volume 52
Sage Library of Social Research, London: Sage Publications, page 9
8
Ezejiofor, G. (1964), Protection of Human Rights under the Law. London: Butterworths.
9
ibid
10
Barker E, (l951), Principles of social and political theory, London: Oxford University Press. Page 8
11
Stokkle, H &Tostensen, A [l999 2000], Human Rights in Development, yearbook, The millennium edition
Kluwer Law international Nordic, human Rights Publications Oslo page 4 &5
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acknowledging the supremacy of the rule of law in the land, as the Magna Carta articulated in
1215.12
The concept of the right to life, liberty, and other fundamental human rights were not known
to ancient humans. The roman jurist Cicero stated that stoics around 200-300BC developed
natural law theory which formed the basis of human rights prescribing inalienability of these
rights.13
MAGNA CARTA 1215
The idea of human rights then spread to England where the people of England forced the
King of England to grant to them civil freedoms and rights. 14 In 1215 the king signed the
document which was known as Magna Carta which means the great charter, and it was later
thought of as human rights. Magna carta contained provisions inter alia that the rights of all
citizens to own and inherit property and to be protected from excessive taxes, it established
equality before the law stating that no one is above the law. And neither further that no
freeman shall be taken or imprisoned or deceased or outlawed or executed or in any way
destroyed, nor will we go upon him, nor will descend upon him, unless by the lawful
judgment of his peers or by law of the land or without due process of the law. 15 It also
contained provisions which protected the subjects from abuse of royal prerogative in the
matter of arbitrary arrests and imprisonment and other extortions. 16 It also contains the
provisions that all free men were subject to right to justice and fair trial and the right of
widows who owned property to choose whether to remarry or not. It also contained
provisions forbidding bribery and official misconduct. Magna Carta is widely considered as
one of the most important legal documents in the development of modern human rights, the
Magna Carta was a crucial turning point in the struggle to establish freedom.17

PETITION RIGHTS (1628)

The other milestone in the development of human rights was Petition Rights. The Petition
was a result of heavy taxes that were imposed on the English tax payers by King Charles 1
through a Royal command without the consent of English Parliament. Every person who
opposed to this policy was arbitrarily arrested and imprisoned. The Parliament found this to

12
Shelton, D [2013], the Oxford Handbook of International Human Rights Law. Great Clarendon Street: OUP
page 8
13
Cranston. M. (1962), Human Rights Today
14
Anyangwe, C (2000), human rights law, Lusaka: university of Zambia press
15
The bill of rights
16
Human Rights Evolution, accessed at www.humanrightsevolution/history.htm.
17
Ibid
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be violation of the spirit of the Great Charter which provided that Monarch could not levy
taxes without consent and imprison a man without cause. The taxpayers later reacted to the
exorbitant taxes with this Petition which was known as petition rights to make sure that the
King observes the rule of law. The Petition demanded that no person should be forced to pay
tax or any charge without authorization by an act of parliament. No subject may be
imprisoned without reaffirmation of the right of Habeas Corpus.18

HABEAS CORPUS ACT 1679

Habeas Corpus was another important document which was enacted by English Parliament
and proclaimed by King Charles II in 1679. Habeas corpus is a writ compelling an individual
or the state who have detained another to release at a designated time and place to investigate
the right custodian to detain him, if the or court is satisfied that the detention is prima facie
unlawful cannot be justified by the custodian the person is released.19

THE BILL OF RIGHTS 1689

In 1689 the subjects of King William II presented to him a document that was known as Bill
of Rights. The Bill of Rights protected the citizens against autocratic rule of their monarchy.
The document contained the provisos such as freedom of speech, freedom from arrest and
parliament debates should not be impeached or questioned by any court of law or any other
place outside parliament. It also provided for free elections of members of parliament and for
freedom of worship, and guaranteed press freedom and proscribed the slave trade. The Bill
also protected freedom of religion, freedom of assembly as well as freedom to petition, it
proscribed irrational seizure, cruel and unusual punishment and it promoted self
incrimination. The Bill proscribed the congress from enacting any law relating to
establishment of religion and also proscribed the federal government from depriving the
person of his property, life or liberty without the due process the law. It guaranteed speed
public trial with fair jury in the district where the offence was committed from.20

However, during this era john lockie emphasized the liberty of individuals; the people
demanded their rulers to recognize and respect their basic rights such as right to life, liberty
and right to own property and believed that all men in the world were free, equal and

18
Anyangwe, C (2000), human rights law, Lusaka: university of Zambia press
19
Ibid
20
Ibid
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independent. Later in the middle age, the concept of natural rights was renamed as human
rights.21

AMERICAN DECLARATION OF INDEPENDENCE 1776

In 1776 Thomas Jefferson wrote declaration to declare America independent from the Great
Britain. This was after outbreak of American revolutionary war against British colonial rule.
The drafters referred to the natural rights which are now called human rights and they stated
that “We hold these truths to be self-evident, that all men are created equal, that they are
endowed by their Creator with certain unalienable rights that ·among these are life, liberty
and the pursuit of happiness”.22 They further emphasized that the Americans were free men
claiming their rights as derive from the laws of nature and not as the gift of their Chief
Magistrate .The words 'laws of nature' in this statement mean natural law or human rights.23
FRENCH DECLARATION OF THE RIGHTS OF MAN AND OF THE CITIZENS

The English philosophers described natural rights that they belong to every individual which
includes right to life, property and liberty. However, Jean-Jacques Rousseau actualized the
ideas of john lockie on the natural rights which later became the basis of French Declaration
of rights of man and of the citizens. Rousseau in his book, the social contract observed that a
man is born free, the French people overthrown their monarch and established a republic. The
document was not designed for France only but for all times and men and it did not include
women. The document provided that men were equal by nature, the people were sovereign,
and must participate in the making of law, which was the general will , it also provided for
the freedom of speech, liberty of the person, freedom of assembly and freedom from arbitrary
arrest were sacred rights. Rebellion against injustice was holy; the law should impose only
such penalties as absolutely and evidently necessary.24 The document declared that no one
shall be accused; arrested or imprisoned, save in cases determined by the law, and according
to the form which it prescribed. Men are born and remain free and equal in rights”; “the aim
of every political association is the preservation of the natural and imprescriptible rights of
man (liberty, property, safety and resistance to oppression)25

21
Lockie, J (1690) The two treaties of the government
22
See the preamble of the American declaration of rights
23
Robertson A.H (1982) Human Rights in the World. (2ed), Man Chi University Press.
24
Human Rights Evolution, accessed at www.humanrightsevolution/history.htm.
25
Anyangwe, C (2000), human rights law, Lusaka: university of Zambia press
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The positivists on the other hand, such as inter alia John Austin and Jeremy Bentham,
emphasized the ideas of equality of men and inalienable rights of the individual. It is the idea
of universal rights and freedoms that led to the end of slave trade and slavery in Europe,
America and the entire world in the eighteenth and nineteenth centuries. This is because this
idea of human rights is anchored on equality and freedom of all men across the world.26
CONCLUSION

In conclusion, Human Rights have played a very important role in promoting liberties and
rights in the ancient years. Human rights were derived from what was called natural rights
and originated from Babylon as early as 539 BC by King Cyrus the Great who proclaimed the
Cyrus cylinder, also king Hammurabi who proclaimed the code of Hammurabi. The idea of
natural rights spread to India, Greece, France and England where the philosophers’ such as
Cicero, Plato, the stoics and Bishop Thomas Aquinas started developing the idea of natural
law which later became the basis of human rights. These philosophers stated that all men
were free and that they had rights given to them by God. Further that all men were created in
the image of God therefore they were all equal before God. They used the words like inherent
and inalienable meaning that every man was born with rights and they cannot be taken away
or be given to them by a magistrate. Among these were the right to life and liberty, right to
choose religion and right to own properties. Therefore the idea of natural rights was advanced
by Montesquieu, john lockie and Rousseau which now became human rights. In 1215 king
Charles II king of England was forced to sign a document called Magma Carta which means
the great charter, it contained a lot of provisions such no freeman shall be imprisoned without
following the due process of the law. Magna Carta was followed by petition rights in, habeas
corpus in, Bill of Rights in, American Declaration of 1ndependence, and French declaration
of the rights of man and of the citizens which have been explained in the passage above.

26
Austin. L [l832] the province of jurisprudence determined
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BIBLIOGRAPHY
BOOKS CITED

Anyangwe, C (2000), human rights law, Lusaka: university of Zambia press

Austin. L [l832] the province of jurisprudence determined

Barker E, (l951), Principles of social and political theory, London: Oxford University Press.
Cranston. M. (1962), Human Rights Today
Ezejiofor, G. (1964), Protection of Human Rights under the Law. London: Butterworths.
Fernando de Varennes. Asia-Pacific human rights documents and resources. Volume
Parkinson F. (1977). The Philosophy of International Relations: A study in the History of
Human Rights
Robertson A.H (1982) Human Rights in the World. (2ed), Man Chi University Press.
Shelton, D [2013], the Oxford Handbook of International Human Rights Law. Great
Clarendon Street: OUP
Stokkle, H &Tostensen, A [l999 2000], Human Rights in Development, yearbook, the
millennium edition Kluwer Law international Nordic, human Rights Publications Oslo
Though. Volume 52 Sage Library of Social Research, London: Sage Publications.
ELECTRONIC
Human Rights Evolution, accessed at www.humanrightsevolution/history.htm.