History of Human Rights: From Bills to Universal Declaration
Classified in Law & Jurisprudence
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Human Rights History
Though some background on the first texts (Bills of Rights) exists, such as the 1689 English Bill of Rights, which lists several human rights, it is in the eighteenth century that precedents of human rights declarations appear:
Virginia Declaration of Rights (USA, 1776)
Arising in the context of the War of Independence against England, it covers the rights of citizens, although it excluded slaves and foreigners. This declaration served as a draft for the U.S. Declaration of Independence (1776).
Declaration of the Rights of Man and Citizen (France, 1789)
Adopted by the National Constituent Assembly, it recognizes equal rights for all human beings, representing a significant advance compared to the Virginia Declaration. It is considered a cornerstone of modern human rights declarations.
Second-Generation Rights
These rights refer to the living conditions of citizens that enable the realization of first-generation rights, such as the right to work, a fair wage, decent housing, and so on. They were claimed by socialist and labor movements of the 19th and 20th centuries in industrialized countries. Recognition of second-generation rights commits the state to ensuring that all citizens have equal opportunities to develop their dignity, thus linking rights with equal value.
The Path to Universal Declaration
Before 1948, international treaties existed, but they only addressed certain rights:
International prohibition of slavery.
Recognition of genocide as a crime against humanity, to be pursued under international law. Genocide is defined as any act committed with intent to destroy, in whole or in part, a national, ethnic, racial, or religious group.
In 1945, states signed the UN Charter in San Francisco, USA, establishing the United Nations. In 1946, the UN Commission on Human Rights was created, and in 1948, UN member states adopted the Universal Declaration of Human Rights. This declaration was a response to the horrors of World War II and the desire to prevent their recurrence. Its novelty lies in the recognition, for the first time, of the totality of rights and freedoms contained in other declarations.