The concept of human rights refers, by
definition, to rights and privileges that belong to all individuals
or groups of people simply as a consequence of their humanity. Human
rights are founded on the axiom that all people -- regardless of the
political, economic, or religious milieus in which they live
-- are entitled to the benefit of at least a core set of minimal
rights, freedoms, and protections. Moreover, these rights are held to
be of a fundamentally essential nature, addressing basic and
universal human needs and supporting human dignity. Intrinsic to personhood, human rights are not granted by government. They are
possessed not only by the privileged but by every human being on
earth.
The notion of a universal set of human rights had its earliest
origins in ancient Greece and Rome and were rediscovered during the
Renaissance. Only after the Middle Ages -- during a period when
ever-growing numbers of people grew weary of religious intolerance,
political and economic bondage, and the failure of rulers to meet
their obligations -- would natural law -- the idea that nature
itself, not the state, assures certain rights to all human beings regardless of
their wealth, influence, heritage, or citizenship -- become widely
associated with natural rights. The 13th-century theologian Thomas
Aquinas, the Magna Carta of
1215, the 16th-century scholar Hugo Grotius, the Petition of Right of 1628, and the English Bill of Rights
of 1689 all reflected the increasingly popular view that human beings
were endowed with certain eternal and inalienable rights.
The
conceptual bridge from natural law to the modern understanding of
natural rights was completed by the philosophical advances of the
Enlightenment, the 17th- and 18th-century Western intellectual
movement that celebrated the power of reason and encouraged a belief
in natural law, universal order, and the perfectibility of human
affairs. Particularly important were the writings of John Locke, who
argued that certain rights self-evidently belong to every human being
(because these rights existed in “the state of nature” before
people developed societies and civilizations). Chief among these
rights, said Locke, are the rights to life, liberty (meaning freedom
from arbitrary rule), and property. Locke said that human beings,
upon entering civil society, in no way surrender these rights but
merely enter into a “social contract” whereby the state assumes
the power to enforce, but not to usurp, such rights.
This
revolutionary notion of mankind’s unalienable rights laid the
philosophical foundation for the American and French Revolutions. In
the Declaration of Independence of 1776, Thomas Jefferson, who
had studied the writings of Locke, wrote: “We hold these truths to
be self-evident, that all men are created equal, that they are
endowed by their Creator with certain unalienable Rights, that among
these are Life, Liberty and the Pursuit of Happiness.” This was the
ultimate expression of a belief in universal human rights. Similarly,
the marquis de Lafayette in 1789 proclaimed, in the Declaration of
the Rights of Man and of the Citizen, that “men are born and
remain free and equal in rights,” and that “the aim of every
political association is the preservation of the natural and
imprescriptible rights of man.”
The abolition and suffrage movements of the 19th and early 20th
centuries were similarly founded on the premise of universal human
rights. But not until after World War II would the term “human
rights” become part of the international political lexicon. This
occurred largely in response to Nazi Germany’s genocidal
atrocities, which had been officially authorized by Nazi laws and
decrees. The need for a universal set of human rights principles that
transcended the laws and customs of any particular society now seemed
apparent.
Toward that end, the 1945 Charter of the United
Nations reaffirmed a “faith in fundamental human rights, in the
dignity and worth of the human person, in the equal rights of men and
women and of nations large and small.” It stated further that the UN
would seek “to develop friendly relations among nations based on
respect for the principle of equal rights and self-determination of
peoples … [and] to achieve international co-operation … in
promoting and encouraging respect for human rights and for
fundamental freedoms for all without distinction as to race, sex,
language, or religion.”
On December 10, 1948, the UN General Assembly adopted, without
dissent, the Universal Declaration of Human Rights (UDHR). Designed
to suggest “a common standard of achievement for all peoples and
all nations” rather than enforceable legal obligations, this
document is a compilation of many of the more significant elements of
the world’s myriad political, legal, social, economic, and cultural
systems. It includes such items as: equality before the law;
protection against arbitrary arrest; the right to a fair trial;
freedom from ex post facto criminal laws; the right to own property;
freedom of thought, conscience, and religion; freedom of opinion and
expression; freedom of peaceful assembly and association; the right
to work; the right to form and join trade unions; the right to rest
and leisure; the right to a standard of living adequate for health
and well-being; and the right to education.