Kara Sears
The history of human rights laws is a long and complex one, with milestones spanning over 800 years. The concept of human rights in Britain, for example, can be traced back to the English Charter, which acknowledged that subjects of the crown had legal rights and that laws could apply equally to royalty. The Universal Declaration of Human Rights (UDHR), a foundational document of international human rights law, was adopted by the United Nations (UN) General Assembly in 1948. This declaration, drafted by a diverse group of individuals including a Canadian law professor and a Chinese playwright, set a common standard of achievement for all peoples and all nations. The European Convention on Human Rights, signed in 1950 and ratified by the UK in 1951, further enshrined these rights and allowed individuals to take their cases directly to the European Court of Human Rights in Strasbourg. The Human Rights Act 1998 in the UK incorporated these rights into domestic law, allowing individuals to defend their rights in UK courts and compelling public organisations to respect and protect human rights.
| Characteristics | Values |
|---|---|
| Date of creation | 10 December 1948 |
| Creator | United Nations General Assembly |
| Purpose | To establish a "common standard of achievement for all peoples and all nations" |
| First draft author | John Humphrey, a Canadian professor of law and the UN Secretariat's Human Rights Director |
| Other key contributors | René Cassin (French jurist), Roosevelt, Chang Peng-chun (Chinese playwright, philosopher, and diplomat), and Charles Habib Malik (Lebanese philosopher and diplomat) |
| Status | Non-binding, but with inherent flexibility that has allowed for the development of legislative initiatives in international human rights law |
| Milestones in Britain | English Charter (first acknowledgement that subjects of the crown had legal rights and that laws could apply to monarchs), Magna Carta (right to a trial by jury), Bill of Rights (limited powers of the monarch and set out rights of Parliament), Human Rights Act 1998 (incorporated rights from the European Convention on Human Rights into British law) |
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What You'll Learn
The Human Rights Act 1998
Human rights laws have been created and modified over the course of many centuries. The Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights (ICCPR), and the International Covenant on Economic, Social and Cultural Rights (ICESCR) make up the International Bill of Rights. The European Convention on Human Rights, which came into force in 1953, contains rights that can be relied on in a court of law.
The Act also requires the judiciary, including tribunals, to take account of any decisions, judgments, or opinions of the European Court of Human Rights and to interpret legislation, as far as possible, in a way that is compatible with Convention rights. Although the Act only applies to public bodies, it has influenced private law litigation between individual citizens, leading some academics to state that it has both horizontal and vertical effects.
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European Convention on Human Rights
The European Convention on Human Rights (ECHR) is a supranational convention to protect human rights and political freedoms in Europe. It was drafted in 1950 by the Council of Europe, a newly formed body at the time, and came into force on 3 September 1953. The convention was signed in Rome and was ratified by the UK in 1951.
The ECHR was created in the aftermath of World War II, drawing inspiration from the Universal Declaration of Human Rights. It was designed to prevent the serious human rights violations that occurred during the war from happening again. The convention was also a response to the growth of Stalinism in Central and Eastern Europe and served to protect the member states of the Council of Europe from communist influence.
The ECHR established the European Court of Human Rights, generally referred to as the ECtHR, to enforce the convention. Any person who feels their rights have been violated under the convention by a state party can take their case directly to this court. The judgments of the court are binding on the states concerned, and they are obliged to execute them. The Committee of Ministers of the Council of Europe monitors the execution of these judgments.
The convention has had a significant influence on the law in Council of Europe member countries and is considered the most effective international treaty for human rights protection. It incorporates a traditional civil liberties approach to securing "effective political democracy" and protecting democracy goes hand in hand with protecting rights.
In the UK, the Human Rights Act 1998 incorporated the rights set out in the ECHR into domestic British law. This meant that British courts could hear cases related to human rights breaches, rather than individuals having to seek justice from the European Court of Human Rights in Strasbourg. The Act also made it unlawful for any public body to act in a way that is incompatible with the convention.
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Universal Declaration of Human Rights
The Universal Declaration of Human Rights (UDHR) is a milestone document in the history of human rights. Drafted by representatives with diverse legal and cultural backgrounds from across the globe, it sets out, for the first time, the fundamental human rights that should be universally protected. The UDHR was proclaimed by the United Nations General Assembly in Paris on the 10th of December 1948. It consists of 30 articles, outlining an individual's "basic rights and fundamental freedoms" and affirming their universal nature as inherent, inalienable, and applicable to all human beings.
The UDHR is significant for its universalist language, omitting any specific references to a particular culture, political system, or religion. This universalist approach ensured that the declaration could serve as a foundational text for human and civil rights globally and regionally. The document has been translated into over 500 languages, reflecting its global reach and influence.
The structure of the UDHR was influenced by the Code Napoléon, including a preamble and introductory general principles. The final structure was crafted by French jurist René Cassin, building upon the initial draft by Canadian legal scholar John Peters Humphrey. The preamble addresses the historical and social factors that necessitated the creation of the declaration.
Articles 1–2 of the UDHR establish the fundamental concepts of dignity, liberty, and equality. Articles 3–5 outline additional individual rights, such as the right to life, freedom from slavery, and the prohibition of torture. Articles 6–11 focus on the legal framework surrounding human rights, providing specific remedies for violations. Articles 12–17 delineate the rights of individuals within their communities, encompassing freedom of movement and residence, property rights, the right to a nationality, and the right to asylum.
The UDHR has inspired and paved the way for the adoption of more than seventy human rights treaties, which are now applied at global and regional levels. While the UDHR itself is not legally binding, its provisions have been incorporated into subsequent international treaties, regional human rights instruments, and national constitutions and legal codes. The Universal Declaration of Human Rights has left an enduring impact on the protection and promotion of human rights worldwide.
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International Bill of Human Rights
The International Bill of Human Rights is a powerful statement of rights that should persuade all governments to respect the rights of their citizens. The onus is on the state to take measures to ensure that businesses, political groups, or individuals do not interfere with citizens' rights. For instance, the state must act against hate speech, ensure that private companies provide a fair wage, and provide interpretation during trials if the accused cannot speak the language of the court.
The International Bill of Human Rights was the name given to UN General Assembly Resolution 217 (III) and two international treaties established by the United Nations. It consists of three parts: the Universal Declaration of Human Rights (UDHR), the International Covenant on Civil and Political Rights (ICCPR), and the International Covenant on Economic, Social and Cultural Rights (ICESCR). The UDHR was adopted in 1948, and the two covenants entered into force in 1976 after a sufficient number of countries had ratified them.
The Drafting Committee decided to prepare two documents: a declaration setting forth general principles or standards of human rights, and a convention defining specific rights and their limitations. The declaration was submitted through the United Nations Economic and Social Council to the General Assembly in Paris. The draft covenant was later divided into two parts: a catalogue of rights and the degree of obligation.
The two Covenants become binding in a country when the government ratifies them, expressly agreeing to abide by them. The UN Human Rights system uses different mechanisms to monitor how well countries are ensuring that citizens enjoy the rights set out in these Covenants. These mechanisms include human rights treaty bodies, which are committees of independent experts that monitor the implementation of the 10 core international human rights treaties.
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Rights in the UK
Human rights laws in the UK have evolved over the last 800 years, with several milestones shaping the concept of human rights in England, Scotland, and Wales.
One of the earliest milestones was the Magna Carta, which acknowledged that subjects of the crown had legal rights and that laws applied equally to monarchs. This charter also laid the foundation for the right to a trial by a jury of peers and the freedom from cruel and unusual punishments.
Following World War II and the horrors of the Holocaust, the international community prioritised human rights, resulting in the Universal Declaration of Human Rights in 1948. This declaration enshrined civil, political, economic, social, and cultural rights and served as the foundation for subsequent treaties.
In 1950, the Council of Europe used this declaration to draft the European Convention on Human Rights, which the UK ratified in 1951, and came into force in 1953. This convention addressed racial discrimination and established the right to take cases of human rights breaches directly to the European Court of Human Rights in Strasbourg.
In 1998, the UK passed the Human Rights Act, which incorporated the rights outlined in the European Convention on Human Rights into domestic British law. This act came into force in October 2000 and allowed individuals to enforce their rights in UK courts. The act covers civil and political rights, as well as economic, social, and cultural rights, ensuring that everyone in the UK can enjoy fundamental freedoms and protections.
The Human Rights Act has been subject to proposed reforms, such as the Bill of Rights Bill introduced in 2022, which aimed to repeal and replace the existing act. However, due to widespread opposition and concerns about weakening human rights protections, the UK government decided not to proceed with the Bill of Rights Bill in June 2023.
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Frequently asked questions
The concept of human rights in Britain can be traced back 800 years. The English Charter acknowledged that subjects of the crown had legal rights and that laws could apply to royalty too. The Magna Carta also gave people the right to a trial by a jury of their peers.
In 1948, countries agreed on a comprehensive list of inalienable human rights for the first time.
The Universal Declaration of Human Rights (UDHR) is a foundational document of international human rights law. It was adopted by the UN General Assembly in December 1948.
The European Convention on Human Rights (ECHR) is a treaty drawn up by the Council of Europe using the UDHR. It was signed in Rome in 1950 and came into force in 1953.
The Human Rights Act was created in 1998 and came into force in the UK in October 2000. It incorporates the rights set out in the ECHR into UK law.
