HUMAN RIGHTS: CHARACTERISTICS, ORIGIN AND HISTORY - CULTURE VOCABULARY - 2024

Human rights are norms dictated with the purpose of protecting and recognizing the dignity of all human beings, without exception. They regulate the way in which society is lived and understand the relationship that exists between individuals, governments and their obligations to people.

The origin of human rights in the world dates back to ancient Babylon, from where it spread to Europe. There the idea of ​​human rights was later assumed as a 'natural law'.

For this reason, human rights are inherent to man, as they are acquired at birth and belong to each individual due to their human condition. They are not someone's privilege, they are inalienable rights that cannot be waived or eliminated, even when governments do not recognize or protect them.

They have a universal character, that is, they are recognized and concern all nations, regardless of nationality, race, religion or social status.

Throughout history, human rights law has been refined and spread throughout the world. They reached their maximum expression, with the Universal Declaration of Human Rights, signed by the United Nations in 1948.

Origin and history of human rights

In the past, people had rights only if they belonged to a social group, family or religion. Later, in 539 BC, Cyrus the Great, the first king of Persia, after the conquest of Babylon, made an unexpected decision. He freed all the slaves in the city to return to their homes.

Likewise, he declared that people could choose their own religion. These rights established by the monarch were registered in the Cyrus Cylinder. This clay tablet written in cuneiform script, containing his statements, is considered the first declaration of human rights in history.

From Babylon to Rome

The provisions contained in the Cyrus Cylinder are similar to the first four articles established in the Universal Declaration of Human Rights.

From Babylon these ideas about human rights immediately spread to India, Greece, and later to Rome. With Roman law came the concept of "natural law"; This was based on rational ideas that are derived from the nature of things.

Under Roman law, people tended to follow certain unwritten laws throughout their lives.

The Magna Carta

In 1215 King John of England signed the Magna Carta, a defining event in the history of human rights. Furthermore, it was an antecedent to many of the modern constitutions.

During his tenure, King John had violated a number of traditional English laws. Although these laws were not written, they were part of the customs of the country.

To prevent such inconveniences from occurring in the future, the people of England had the king sign the Magna Carta.

In its 63 articles, the feudal rights of the aristocracy are guaranteed against the absolutist power of the king until then. This document collected statements that today are part of human rights. These include:

- The right for the Church to be free from government interference.

- Right to private property.

- The right to be protected from excessive taxes.

The Right Petition

In 1628 the Parliament of England sent King Charles I a declaration demanding the fulfillment of certain rights.

The reign of Carlos I had been characterized by the practice of certain unpopular policies that caused the discontent of the people, such as arbitrary arrest of citizens, excessive taxes, among others.

For this reason, Parliament opposed the king's policies and issued the request for rights. This petition was promoted by Sir Edward Coke and was based on English traditions and other documents that had been previously published.

The principles of this statement were as follows:

- To impose taxes the consent of Parliament was necessary.

- No citizen could be arrested without reason.

- Martial law could not be applied in times of peace.

English Bill of Rights

In 1689 the English Bill of Rights is signed in which the monarchy of England recognizes the legislative power of Parliament. The declaration likewise enshrines certain public liberties for the subjects of the English kingdom.

Declaration of Independence of the United States

The United States proclaimed the right to life, liberty, and the pursuit of happiness through its Declaration of Independence in 1776.

The significance of this document will quickly be reflected in other important historical events and statements in Europe and America. The Declaration of Independence of the United States was the first comprehensive and firm declaration of human rights in the world.

This document is one of the precursors of current human rights, to the point that it is considered the symbolic text of his birth. The Declaration of Independence includes the liberal ideas of John Locke on the natural rights of people (right to life, liberty and property).

Declaration of the Rights of Man and of the Citizen

With the French Revolution between 1789 and 1789, the Declaration of the Rights of Man and of the Citizen was signed. This declaration established that all citizens had the right to liberty, private property, security, and equality. It also pointed out that the rights of one individual ended where the rights of the other began.

This declaration extends the natural rights enshrined in the Declaration of Independence of the United States.

United States Bill of Rights

In 1791, this important document is signed, which has as its precursors all the previously mentioned documents (including the Massachusetts Corps of Liberties and the Virginia Bill of Rights).

The document establishes a series of limits to the power of the government and Congress, regarding the creation of laws that interfere with the natural rights of citizens.

For example, the right to “speak and praise freely”, restrictions on freedom of expression or on the establishment of a religion.

Geneva Convention

In 1864 the first Geneva Convention was held in which 16 European countries and the United States participated.

The purpose of this meeting was to establish a policy to regulate the treatment of soldiers wounded in combat.

The convention established that soldiers and other wounded personnel should be treated without suffering discrimination of any kind. This would be done in respect of human rights.

Universal Declaration of Human Rights

After the end of World War II, the United Nations adopted the Universal Declaration of Human Rights on December 10, 1948.

With this declaration will come a long process of internationalization and adoption of these rights, in the respective national laws of the member states of the United Nations.

It is when the recognition of the individual is enshrined as such and the need to defend these rights internationally is created, through cooperation between States.

The Universal Declaration was followed by more than 70 international treaties, including the 1966 International Covenant on Civil and Political Rights. Then the no less important International Covenant on Economic, Social and Cultural Rights.

The Universal Declaration of Human Rights calls for justice and freedom, encompassing all people in the world. With it, governments are observed that violate the rights of their citizens on a daily basis. It serves to support the struggles around the world to confront injustice and inhumanity.

Characteristics of human rights

Among the most important characteristics of human rights is the fact that they were created by the United Nations (UN) to ensure that the rights of all people in the world were respected, especially the right to life (Dheeraj, 2016).

Human Rights focus on the protection of human dignity, life, personal identity, and community development. In this sense, they are considered as the rights that all people must hold equally because of their condition and human nature.

Its main characteristics are:

Essential for all human beings

Human rights cannot be categorized. All people should enjoy their existence in the same way.

They are not inherent to a particular group of people, but to the entire human race. In fact, their violation does not eliminate their importance, they will always remain present despite their disrespect (Wahab, 2013).

They protect legal rights

Human rights are safeguarded by the law of each nation. They also include fundamental rights, included in the constitution of each country.

In this way, they receive special treatment based on the national agreements of each state (both social, economic and political). This is how it is ensured that all people lead dignified lives, in peaceful and safe conditions.

They are universal

Human rights are given to all members of a society in full, even if all members of it are not aware of their existence.

Even in those countries that are ravaged by war, people cannot be deprived of these rights and heads of government cannot escape the obligation to enforce them.

Compliance can be reinforced

If human rights are violated anywhere in the world, persuasive strategies must be used to regain compliance.

When this is not enough, their supporters are empowered to enforce compliance. The international community, for example, had the right to restrict Saddam Hussein in Iraq when it wanted to suppress the rights of the Kurdish people.

In the recent past, the International Community, led mainly by the United States and the United Kingdom, determined that terrorism must be fought, in order to prevent human beings from being tormented and suffering at the hands of terrorists, who can attack even against the rights to life and property.

In this way, it became essential to advocate for the right to live a full and peaceful life (the right to life being the most important that each individual can have) (Digest, 2011).

They have local restrictions

Human rights must also be regulated according to the interests and standards of each nation. Its objective must be to ensure political security, morality and social decency.

Its execution must not violate the applicability of the norms of a civilization or culture. In this way, it can be affirmed that human rights are not “all-powerful” and must be executed taking into account certain limits given by the cultural legacy of each country.

They rely on human consciousness

Human rights, like moral rights, are based on individual conscience. Its exercise falls on the will of individuals. In this sense, their compliance is more linked to moral beliefs than to compliance with the law.

They are Instrumental principles

Human rights are instrumental principles, in this sense people are motivated to abide by them since they are a means to an end: a better quality of life.

Therefore, it can be said that they are not goals in themselves, but tools to achieve higher goals.

They are "Pre - Political"

Human rights are moral constraints whose legitimacy and existence precede all social, legal, political, cultural and historical contingencies.

However, its existence serves to solve the needs and problems related to these contingencies, always ensuring the welfare of human beings and the care of their lives in a dignified way.

They are mandatory

Human rights require a certain obligation. Its enforcement is not subject to the discretion of a republic. Therefore, the applicability of human rights does not depend only on the will and aspiration of some people.

This must be taken into account, since these rights are necessary for the protection and existence of certain fundamental, basic and universal human values ​​and interests.

They are independent

Human rights exist independently. That is, they do not require legal, social, cultural or religious recognition to exist.

This means that all human beings have fundamental rights, even if the laws of their country or group do not recognize them and they deliberately decide to violate them.

However, the fulfillment of these rights is more likely when they are legally consigned in a formal document of the nation, such as the constitution.

On the other hand, it is also said that human rights are independent because one human right does not need another to be fulfilled.

However, the violation of one right generally leads to the violation of others simultaneously (Spagnoli, 2007).

They are unconditional

People have the right to have their rights respected unconditionally. There should be no conditions of any kind for the fulfillment of human rights.

They are inalienable

Human rights belong to people because they have a human condition.

Therefore, these rights are not granted and withdrawn according to the will and interests of an individual or community, since these are untouchable. Even when human rights are violated, people still retain them.

Can't give them up

People cannot assign their rights or waive them for any reason. However, a person can decide whether or not they want their rights to be enforced once they are violated.

They are the same for everyone

Human rights are the same for all the people who inhabit the world. This is possible for two reasons: all people in the world have the same human condition, and there are no rights that are more important or urgent than others, this means that all human rights are equal for all human beings.

Its fulfillment must be balanced

On the other hand, there is no basic group of human rights. There is a set in which the fulfillment of all rights must be balanced in such a way as to avoid social, cultural, religious, political or economic conflicts.

When the fulfillment of one right conflicts with the fulfillment of another, a way must be found to balance them.

Articles of interest

What are human rights for?

Human rights timeline.

References

1. A look at the background of human rights. Consulted of youthforhumanrights.org
2. Historique des droits de l'homme. Consulted from lemonde.fr
3. Origins of Human Rights. Consulted from globalization101.org
4. A brief history of human rights. Consulted of humanrights.com
5. Les origines des droits de l'homme. Consulted from unicef.org
6. A Short History of Human Rights. Retrieved from hrlibrary.umn.edu
7. History of the Document. Consulted of un.org
8. Bill of Rights of the United States of America (1791). Consulted from billofrightsinstitute.org
9. Braungardt, J. (January 28, 2015). Philosophical Explorations. Retrieved from What is characteristic about Human Rights ?: braungardt.trialectics.com (2016). Your Article Library. Obtained from Human Rights: Meaning, Characteristics and Other Details: yourarticlelibrary.com
10. Digest, U. (December 10, 2011). Uber Digest. Retrieved from What are the basic characteristics of human rights ?: uberdigests.info
11. Spagnoli, F. (2007). Making Human Rights Real. New York: Algora Publishing.
12. Wahab, A. (March 27, 2013). Human Rights: Definitions, Characteristics, Classification, Indivisibility & Categorization. Obtained from Human Rights Categorization.: wahabohidlegalaid.blogspot.com.br.