Introduction to Human Rights | Lesson 4: "The Historical Evolution of Human Rights"

Summary

This lesson traces the evolution of human rights, from early attempts to limit political power through the Magna Carta to the Universal Declaration of Human Rights. It discusses the 'positivization' of rights into law, the emergence of 'first generation' civil and political rights, 'second generation' economic, social, and cultural rights, and 'third generation' rights tailored for specific groups and collectives. The shift in obligors from rulers to nation-states and the international community is highlighted, emphasizing the interdependence of rights without hierarchy.

Takeaways

• 🏰 The historical struggle to limit political power began with early attempts to curb the arbitrary use of power by central kings, exemplified by the Magna Carta in Spain (1188) and England (1215).
• 📜 The British Bill of Rights (1689) marked a significant step in the evolution of human rights by forcing the King to agree to limitations on his power as a condition for occupying the throne.
• 🤔 Philosophers like John Locke and French thinkers such as Montesquieu and Rousseau advocated for limiting state power and recognizing individual rights, influencing the development of human rights.
• 🗽 The late 18th-century liberal revolutions, including the American and French Revolutions, led to the establishment of Bills of Rights and the Declaration of the Rights of Man and of the Citizen, respectively.
• 🌟 The 'positivization' of human rights refers to the translation of these rights into legally binding human-made laws, beginning with the liberal revolutions of the 18th century.
• 📊 The 19th century saw the progressive recognition of human rights for all people, including those traditionally excluded such as slaves and women.
• 🌐 The Universal Declaration of Human Rights in 1948 elevated human rights to an international dimension, reflecting the global community's response to the horrors of warfare.
• 🔄 The evolution of human rights includes the recognition of 'first generation' civil and political rights, 'second generation' economic, social, and cultural rights, and 'third generation' rights tailored to specific groups and collective rights.
• 🏛️ The obligor of human rights has shifted over time from individual rulers to modern nation-states, and now includes the international community, particularly the United Nations.
• ⚖️ The 'horizontal effect' of human rights acknowledges that obligations to respect and promote human rights may extend beyond states to private entities, such as individuals, corporations, and armed groups.

Q & A

What is the significance of the Magna Carta in the historical evolution of human rights?

The Magna Carta, both for the Kingdom of León (1188) and England (1215), was significant as it marked the first binding commitments to limit the power of central kings, preventing arbitrary use of power against subjects through the establishment of due process of law and home privacy rights.

How did the British Bill of Rights of 1689 influence the concept of human rights?

The British Bill of Rights of 1689 was a pivotal moment as it forced the King of England to agree to specific rights as a condition for occupying the throne, further limiting royal power and setting a precedent for constitutional monarchy.

What role did John Locke play in advocating for human rights?

John Locke, a British philosopher in the late 17th Century, argued for restricting royal power, promoting religious tolerance, and protecting the natural right to property, thus contributing to the philosophical foundation for human rights.

How did the French political philosophers of the 18th Century contribute to the evolution of human rights?

French philosophers like Montesquieu and Rousseau advocated for the division of State's functions to limit power, which was a significant step towards the development of checks and balances and the protection of individual rights.

What does the term 'positivization' of human rights refer to?

The 'positivization' of human rights refers to the translation of these rights into human-made law, as seen with the American Bill of Rights in 1791 and the French Declaration of the Rights of Man and of the Citizen during the French Revolution.

Why were 'second generation rights' or 'economic, social and cultural rights' necessary in the mid-19th Century?

These rights were necessary to improve the material conditions of the poor and most vulnerable classes of society, moving beyond just limiting power and protecting individual liberties to ensuring basic needs were met.

What is the difference between 'first generation rights' and 'second generation rights'?

'First generation rights', also known as 'civil and political rights', focus on limiting power and protecting the individual in their intimate sphere and political participation. 'Second generation rights', on the other hand, are 'economic, social and cultural rights' that aim to satisfy basic needs and improve material life conditions.

When and why was the Universal Declaration of Human Rights proclaimed?

The Universal Declaration of Human Rights was proclaimed in 1948, post-Second World War, as the international community recognized the universal vulnerability of humankind and the need to elevate human rights to an international dimension.

What are 'third generation rights' and how do they differ from previous generations?

'Third generation rights' emerged in the second half of the 20th Century and include both the specification of rights for certain groups, such as women, children, disabled people, and indigenous people, and collective rights like the right to peace, development, and a clean environment.

What is the 'horizontal effect' of human rights?

The 'horizontal effect' of human rights refers to the recognition that the obligor to respect human rights may not only be the State or political entities but also private entities like individuals, corporations, or armed groups, indicating a broadening of the scope of human rights obligations.

Why is it important to avoid establishing a hierarchy among different 'generations' of human rights?

Different 'generations' of human rights are intertwined, and establishing a hierarchy among them would undermine their interdependence. For example, the right to life (first generation) requires the protection of the right to health (second generation) and the right to an unpolluted environment (third generation) to be fully realized.