1. History and Theory of Human Rights
What are human rights?
The foundations of Human rights:
- Natural rights
- Shared values
- Morality
- Practical – basic rights need to be respected in a functioning society
- Legal view- human rights exist because they are enshrined in law
Human rights existed after 1945, after the second world war- why? Holocaust
Human rights exist in culture and religious tests and codes. It is the principal concern was
therefore the creation of a harmonious and just society rather than the protection of the
rights of individuals.
Universal declaration of Human Rights and other documents inspired by traditions regarding
ethics, morals, justice.
But is the focus on individual liberty and autonomy a new construction?
Where do human rights come from?
Magna carta 1215, English Bill of Rights 1689, French Declaration on the Rights of Man and
Citizen 1789 and the US constitution and Bill of rights 1791.
League of Nations 190- rights began to find be in international legal documents and
organisations (e.g. rights of minorities)
WWII and Holocaust sent a shock to the system- post-1945 Human Rights in International
Instruments, including the UN Charter
1938- the UNDHR adopted. But not a binding legal instrument. Rights had to be enshrined
later in ICCPR and ICESCR
- not all states agreed on the content of the rights, e.g., between West and Societ Bloc;
developed and developing states. Some states had not yet come into existence.
1970s – newly independent states criticized tribunals to prosecute war crimes, crimes
against humanity.
What are human rights?
The foundations of Human rights:
- Natural rights
- Shared values
- Morality
- Practical – basic rights need to be respected in a functioning society
- Legal view- human rights exist because they are enshrined in law
Human rights existed after 1945, after the second world war- why? Holocaust
Human rights exist in culture and religious tests and codes. It is the principal concern was
therefore the creation of a harmonious and just society rather than the protection of the
rights of individuals.
Universal declaration of Human Rights and other documents inspired by traditions regarding
ethics, morals, justice.
But is the focus on individual liberty and autonomy a new construction?
Where do human rights come from?
Magna carta 1215, English Bill of Rights 1689, French Declaration on the Rights of Man and
Citizen 1789 and the US constitution and Bill of rights 1791.
League of Nations 190- rights began to find be in international legal documents and
organisations (e.g. rights of minorities)
WWII and Holocaust sent a shock to the system- post-1945 Human Rights in International
Instruments, including the UN Charter
1938- the UNDHR adopted. But not a binding legal instrument. Rights had to be enshrined
later in ICCPR and ICESCR
- not all states agreed on the content of the rights, e.g., between West and Societ Bloc;
developed and developing states. Some states had not yet come into existence.
1970s – newly independent states criticized tribunals to prosecute war crimes, crimes
against humanity.
