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.

Outlines

00:00

📜 Historical Evolution of Human Rights

This paragraph traces the historical development of human rights, highlighting key milestones. It begins with the early efforts to curb political power, referencing the 12th-century Spanish Magna Carta and the 13th-century English Magna Carta as early expressions of due process and privacy rights. The paragraph then moves to the 17th-century with John Locke's advocacy for limited royal power and property rights, and the 18th-century French philosophers' arguments for state function division to limit power. Immanuel Kant's argument for rights based on natural dignity is also mentioned. The 'positivization' of human rights through the American Bill of Rights in 1791 and the French Declaration of the Rights of Man and of the Citizen during the French Revolution is discussed. The paragraph concludes with the recognition of human rights for all people from the 19th century, the emergence of 'rights of equality' or 'second generation rights', and the Universal Declaration of Human Rights in 1948.

05:05

🌐 International Dimension and New Waves of Rights

The second paragraph emphasizes the international aspect of human rights, noting that it was the horrors of warfare, rather than rationality, that led to the global recognition of human rights. It discusses the emergence of new rights in the 1970s, which included civil, political, economic, social, and cultural rights tailored for specific vulnerable groups such as women, children, disabled people, and indigenous people. The paragraph also mentions the proclamation of 'collective rights' like the right to peace and development, and the establishment of the International Criminal Court in 1998. The evolution of the 'obligor' of human rights, from kings to nation-states and then to the international community, is outlined. The concept of 'horizontal effect' of human rights, where obligations may also fall on private entities, is introduced. The paragraph concludes with a discussion on the 'generations' of human rights, cautioning against the notion of a hierarchy among them.

10:10

🔗 Interconnectedness of Human Rights

The final paragraph underscores the interconnectedness of human rights, arguing against the establishment of a hierarchy among different generations of rights. It uses the right to life as an example, explaining that it is contingent upon the protection of second-generation rights like the right to health and third-generation rights such as the right to an unpolluted environment. The paragraph invites viewers to visit the course's website and to attend the next class for further discussion on the topic.

Keywords

💡Historical Evolution of Human Rights

The historical evolution of human rights refers to the development and progression of the concept of rights over time. This concept is central to the video's theme, as it outlines the journey from the early struggles to limit political power to the modern understanding of human rights. The script mentions key milestones such as the Magna Carta and the Universal Declaration of Human Rights, illustrating the evolution from limiting monarchical power to recognizing universal rights.

💡Magna Carta

The Magna Carta, mentioned in the script, is a charter of rights agreed upon by King John of England in 1215. It is a significant historical document that laid the foundation for limiting the power of the monarchy and is often cited as one of the first steps in the development of constitutional law. In the context of the video, it represents an early attempt to codify rights and limit the arbitrary use of power.

💡Bill of Rights

The term 'Bill of Rights' refers to a set of fundamental rights granted by a constitution or legislative body. The script references the British Bill of Rights (1689) and the American Bill of Rights (1791), which are both pivotal documents in the establishment of individual liberties and the limitation of governmental power. These bills are integral to the narrative of human rights evolution as they represent the formal recognition of rights within legal frameworks.

💡John Locke

John Locke was an influential 17th-century philosopher whose ideas significantly contributed to the development of liberal political philosophy. The script mentions Locke's advocacy for limiting royal power and the protection of natural rights such as property. His work is crucial to understanding the philosophical underpinnings of human rights, particularly the concept of government as a servant to protect individual rights.

💡Montesquieu and Rousseau

Montesquieu and Rousseau were 18th-century French philosophers who advocated for the separation of powers and the social contract, respectively. The script highlights their contributions to the idea of limiting state power, which is a key theme in the historical development of human rights. Their ideas influenced the formation of modern democratic systems and the recognition of individual rights.

💡Immanuel Kant

Immanuel Kant, a German philosopher, is noted in the script for his argument that all rational beings should be granted rights in recognition of their natural dignity. Kant's philosophy emphasizes the inherent worth of individuals, which is a cornerstone of modern human rights discourse. His work underscores the moral and ethical dimensions of rights, moving beyond legal and political considerations.

💡Positivization of Human Rights

The 'positivization' of human rights, as mentioned in the script, refers to the process of translating moral and philosophical concepts of rights into legally enforceable norms. This concept is central to the video's narrative as it marks the transition from abstract ideas to concrete legal protections. The script illustrates this with the examples of the American Bill of Rights and the French Declaration of the Rights of Man and of the Citizen.

💡First Generation Rights

First generation rights, also known as 'civil and political rights', are the focus of the script's discussion on the rights of liberty. These rights include the protection of the individual's intimate sphere, such as the right to life, privacy, and security, as well as the right to participate in political life. The script explains that these rights were the initial focus of human rights law, emphasizing the protection of individuals from state oppression.

💡Second Generation Rights

Second generation rights, or 'economic, social, and cultural rights', are highlighted in the script as the rights aimed at improving the material conditions of the poor and vulnerable. These rights include the right to work, health, education, and social security. The script positions these rights as a response to the realization that first generation rights were insufficient to address social and economic inequalities.

💡Universal Declaration of Human Rights

The Universal Declaration of Human Rights, proclaimed by the international community in 1948, is a foundational document that articulates a broad range of rights applicable to all human beings. The script emphasizes its significance as a milestone in elevating human rights to an international dimension, reflecting a global consensus on the fundamental rights to which all individuals are entitled.

💡Horizontal Effect of Human Rights

The 'horizontal effect' of human rights, as discussed in the script, refers to the recognition that human rights obligations are not only imposed on states but can also extend to private entities, such as individuals, corporations, or armed groups. This concept challenges the traditional vertical relationship between the state and the individual, suggesting a broader scope of responsibility for upholding human rights.

Highlights

The historical evolution of human rights is marked by efforts to limit political power.

The 12th Century saw the Magna Carta for the Kingdom of León, limiting kingly power.

The British Magna Carta in 1215 established due process and home privacy rights.

The British Bill of Rights in 1689 further constrained royal power.

John Locke in the late 17th Century advocated for limited royal power and natural rights.

18th Century French philosophers like Montesquieu and Rousseau supported state function division to limit power.

Immanuel Kant argued for rights for all rational beings, recognizing natural dignity.

The late 18th Century liberal revolutions led to the United States Bill of Rights in 1791.

The French Revolution resulted in the Declaration of the Rights of Man and of the Citizen.

The 'positivization' of human rights refers to their translation into law.

19th Century human rights recognition expanded to include traditionally excluded groups.

The mid 19th Century highlighted the need for 'rights of equality' to improve societal conditions.

The Universal Declaration of Human Rights in 1948 marked a global commitment to human rights.

The 1970s introduced a wave of rights tailored to specific vulnerable groups.

Collective rights such as the right to peace and development emerged since the 1970s.

The International Criminal Court was established in 1998 to protect rights and social values.

The 'obligor' of human rights has evolved from rulers to nation-states and the international community.

The concept of 'horizontal effect' acknowledges that private entities also bear human rights obligations.

Human rights are categorized into 'generations', with each generation having equal importance.

Transcripts

In this lesson we will deal with the historical evolution of human rights.

To sketch such evolution we may highlight several mileposts:

The struggle to limit political power is as old as the history of humankind.

But it would not be until the Low Middle Ages that limits to power would be expressed in binding commitments.

Thus, in the 12th Century Spain, with the Magna Carta for the Kingdom of León (1188)

and in the early 13th Century England, with the British Magna Carta (1215), the growing

power of central kings was prevented from being arbitrarily used against their subjects,

through the enshrinement of due process of law and home privacy rights.

Much later, in 1689, the King of England was forced to agree to the British Bill of Rights

as a condition to occupy the throne.

In the late 17th Century, the British philosopher John Locke argued in favor of restricting

the royal power, defending religious tolerance and the protection of the natural right to property.

French political philosophers of the 18th Century, such as Montesquieu and Rousseau,

defended the division of State's functions in order to limit power.

During the same period, German philosopher Immanuel Kant made the case for bestowing rights to

all rational beings, in recognition of their natural dignity.

On the political front, liberal revolutions during the late 18th Century also bolstered

the cause of the protection of individual rights. Thus, after the success of the United

States Revolution, the first set of amendments to the American Constitution, in 1791, came

in the shape of a Bill of Rights.

Shortly after that, at the outset of the French Revolution,

the Declaration of the Rights of Man and of the Citizen was issued by the revolutionaries in power.

This trend is known as the "positivization" of human rights, that is, their translation

into human-made law.

Since the liberal revolutions of the late

18th Century were inspired by rationalism, individual rights meant that all human beings

were supposed to be entitled to them, including slaves and women, who had been traditionally

excluded from full citizenship. Therefore, since the 19th Century human rights were progressively

recognized for all people.

By the mid 19th Century, it was clear in Europe

that the rights enshrined after the liberal revolutions would not suffice.

Those rights referred to the limitation of power and the protection of the individual in its most intimate sphere.

They also dealt with the participation of the individual in the social, economic

and political life of the community, including the right to elect public officials and representatives

and to run for public office. In a word, they were the "rights of liberty", also known as

"first generation rights" or "civil and political rights".

But now, the need was felt to recognize the "rights of equality", to improve the material

conditions of the poor and most vulnerable classes of society. The set of rights which

aimed at having basic needs satisfied has been called, in the last several decades,

the "second generation" of rights, or "economic, social and cultural rights". The State was

now expected to deliver, not just to keep its hands off.

Although since the time of the Enlightenment rationalism had made the case for the expansion

of rights to all rational beings, it was only in 1948, after the Second World War,

that the international community proclaimed the Universal Declaration of Human Rights. Thereafter,

many other international human rights documents have been produced. They will be dealt with

soon in a class of this course devoted to them.

Let's just point out now that, historically,

it was the awareness of the universal vulnerability of humankind vis-à-vis the horrors of warfare,

rather than a shared rationality, the reason which elevated human rights to an international dimension.

Starting in the 1970´s, a new wave of rights came up.

These were civil and political as well as economic, social and cultural rights.

Yet, they were tailored to the needs of specific groups such as women, children, disabled people

and indigenous people. These groups are either objectively vulnerable (as in the case of

disabled people or children) or they have been made vulnerable through a history of

discrimination and exclusion (as in the case of women and indigenous people).

Also, since the 1970s some "collective rights" rights were proclaimed. For example, the right

to peace, the right to development and the right to a clean, sustainable environment.

Except for the latter, they are included just in "Declarations", not in legally binding documents.

Criminal law is the most powerful legal mechanism to protect rights and social values. Following

some precedents, the international community decided to create, in 1998, the first permanent

International Criminal Court. International criminal law will be dealt with in a special

class of this course.

Another way of looking at the historical evolution of human rights

is to pay attention to the "obligor", or entity upon which human rights

obligations have been imposed. Before the revolutions of the late 18th Century,

the one obliged to recognize and respect basic rights was the king or ruler.

After the liberal revolutions of the late 18th Century, the entity that was supposed

to recognize and respect the rights of citizens was not the king anymore,

but the modern Nation State, whose power is most evidently exercised by the government.

Since the issuing of the Universal Declaration of Human Rights and subsequent international

treaties, it is not only the Nation State, but the international community as well,

specially the United Nations, the entities obliged to respect and promote Human Rights.

As time passed, this rationale, where the obligor is the State or another political entity

and the right holder is a private individual, has been completed by a trend towards accepting

that the obligor may be another private entity, such as another individual, a corporation

or an armed group in times of war. This is known as the "horizontal effect" of human rights.

As mentioned earlier, it is customary to talk about "generations"

when analyzing the evolution of human rights. Accordingly, the "first generation"

or "first wave" of rights would be that which protects the intimate sphere of the individual,

as does the right to life, to privacy, to security and the like. This first generation

also comprises the right to participate in the political life of the community, including

the election of representatives and running for public office. For some authors,

political rights would constitute a second generation.

Afterwards, due to the social revolutions

of the mid 19th Century Europe, a "second generation" or wave of rights came to the fore.

It refers to material life conditions, including the rights to work, to health,

to education and to social security. In the second half of the 20th Century,

a "third generation" of rights has been said to appear. For some, it is made of the specification

of rights for certain groups. For others, it refers to collective rights.

Although this terminology of "generations" has a certain didactic quality, it may also

suggest the rather dangerous notion of a hierarchy of human rights. The point is that these "generations"

of rights are intertwined and it is not possible to establish a hierarchy among them. For instance,

the right to life - a first generation right - needs the adequate protection of the right

to health - a second generation right - and of the right to an unpolluted environment

- a third generation right - to be really fulfilled.

Please visit our website www.moocchile.com. Also, we cordially invite to watch the next

class of this course.