A Brief History of Human Rights

1. A Brief History of Human Rights

2. Historical Phases • Ishay suggests that there are six phases in relationship to the development of legal documents related to human rights. (She says five at one place, but then sets out six.) • As you develop your project, be sure that you read appropriate declarations carefully.

3. Phase 1: The King and Parliament • Magna Charta (1215) • No suspension of civil liberties • Petition of Right (1628) and Habeas Corpus Act (1679) • English Bill of Rights (1689) • American Declaration of Independence (1776) • French Declaration of Rights of Man and Citizen (1789)

4. Phase 2: Broadening the Legitimacy of the State • England • Chartist Petition of 1837 and Second Reform Act (1867) (suffrage) • Factory Health and Morals Acts (1802) and Factory Act (1833) (labor health and safety) • Ten Hours Act (1847) (work hours) • General Act of the Berlin Conference (1884) (slavery) • Geneva Convention (1864) (soldiers medical treatment)

5. Phase 3: International Regime to Prevent War and Genocide • International Labor Organization (1919) • League of Nations (1919)

6. Phase 4: Further Developments of International Regime • United Nations Charter • Convention on the Prevention and Punishment of the Crime of Genocide (1948) • Universal Declaration of Human Rights (1948)

7. Phase 5: Cold War and the Division of Human Rights • International Covenant on Civil and Political Rights (ICCPR) • Western liberal perspective • Immediate protection of rights • International Covenant of Economic, Social, and Cultural Rights (ICESCR) • Solidarity rights • Implementing rights over time

8. Phase 6: Rights Specific Documents • United Nations Declaration on the Rights of the Disabled (1975) • United Nations convention on the Elimination of All Forms of discrimination against Women (1979) • Documents of refugees, sexual trafficking, rights of children

9. United Nations Declaration of Human Rights "Where, after all, do universal human rights begin? In small places, close to home - so close and so small that they cannot be seen on any maps of the world. Yet they are the world of the individual person; the neighborhood he lives in; the school or college he attends; the factory, farm, or office where he works. Such are the places where every man, woman, and child seeks equal justice, equal opportunity, equal dignity without discrimination. Unless these rights have meaning there, they have little meaning anywhere. Without concerted citizen action to uphold them close to home, we shall look in vain for progress in the larger world.“ Eleanor Roosevelt

10. United Nations Declaration of Human Rights • Reading the document as tracing the historical development of rights • 1-2, human dignity • 3-19, liberty (Enlightenment) • 20-26, equality (political, social, and economic equity of the Industrial Revolution) • 27-29, fraternity or solidarity (communal and national solidarity of post-colonial era)

11. United Nations Declaration of Human Rights • Reading the document as setting out specific rights and grouping these • Security rights: protect people against crimes such as murder, torture, and rape • Due process rights: protect against abuses of legal systems such as imprisonment without trial • Liberty rights: protect freedoms in belief, expression, assembly, etc • Political rights: protect liberty to participate in communicating, voting, assembling, etc. • Equality rights: guarantee things like nondiscrimination • Social rights: require provision for things like education and food • Later treaties include group rights, protection of ethnic groups

12. Read pages 493-497. Note that the text will reference this document frequently • 1-2, human dignity • 3-19, liberty (Enlightenment) • 20-26, equality (political, social, and economic equity of the Industrial Revolution) • 27-29, fraternity or solidarity (communal and national solidarity of post-colonial era)