The Historical Development of Fundamental Human Rights and International Law

Posted on Oct 22, 2025 in Law & Jurisprudence

The Abolition of Slavery: A Historical Timeline

Slavery is a type of forced labor in which a person is considered to be the legal property of another. In many instances, slaves were mistreated and brutalized, possessing no legal rights and no means of escape. Although the enslavement of European citizens gradually became uncommon, slavery was still widely practiced on the fringes of Europe and elsewhere in the world.

The abolitionism movement, a worldwide effort that sought to abolish slavery, pushed for the ruling of slavery being illegal in the common law of England in a 1772 judgment by the Court of King’s Bench in the case of *Somersett* (*R v Knowles; ex parte Somersett* (1772) 20 State Tr 1). The importation of slaves to the colonies was officially ended in the British Empire with the passing of the **Slave Trade Act 1807** (UK). The US followed in 1808. However, it was not until the **Slavery Abolition Act 1833** (UK) that slavery itself was abolished, and all remaining slaves in the British Empire were freed the following year.

Following the 1776 US Declaration of Independence, the northern states began to abolish slavery. The US abolitionist movement campaigned vigorously against slavery and became one of the main causes of the American Civil War (1861–65). All US slaves were freed by the end of the war in 1865, and slavery was formally abolished by the addition of the **Thirteenth Amendment** to the Constitution of the United States of America (1787, US). The **Slavery Convention**, a comprehensive international convention on abolishing slavery worldwide, was passed in 1926 by the League of Nations.

After the end of WWII, the member states of the UN made a clear statement that slavery was prohibited under Article 4 of the Universal Declaration of Human Rights (UDHR). The last state to officially abolish slavery was Mauritania (West Africa), where slavery was abolished in 1981, criminalized in 2007, and designated as a crime against humanity under a 2012 constitutional reform. However, despite centuries of anti-slavery efforts, slavery still occurs today, with an estimated 45.8 million people enslaved worldwide. Human trafficking and child labor are still serious issues around the world, and new measures have begun to be taken to try to combat these modern forms of slavery. Slavery still exists, but its forms have changed. For example, in *R v Tang* (2008) VIC Australia, a brothel owner was caught and prosecuted for sexual slavery.

Trade Unionism and the Development of Labour Rights

As the world progressed and forced labor was made illegal, conventional labor was the only legal means of securing large groups of workers.

In early Europe, the regulation of the workplace was generally based on status. In Europe, labor law as protection for workers, including demands for better conditions, arose with the Industrial Revolution. Trade unions first emerged during the Industrial Revolution in response to the **appalling conditions**, lack of safety, low wages, and long working hours in the factories of the new industrial cities. Laws were initially created to criminalize workers’ involvement in trade unions, and penalties were applied. Then finally, the British Parliament passed—under pressure—the **Trade Unions Act 1871** (UK), which secured the legal status of trade unions. Since then, trade unions have played an integral role in securing rights for workers in the United Kingdom.

In 19th-century Australia, the union movement arose due to harsh tactics employed by governments and employers to break large-scale strikes in the 1890s. This led the unions in Australia to join together to form their own political party, the Australian Labour Party (ALP).

Trade unions worked to ensure that fair wages and conditions were maintained. Many working conditions taken for granted today in industrialized countries came about due to union action, including:

  • Minimum wages and working conditions
  • Equal pay
  • Long service leave and paid public holidays
  • Maternity leave and annual leave
  • Occupational health and safety laws
  • Workers’ compensation

In 1919, a group of pioneering scholars, social policy experts, and politicians succeeded in creating the **International Labour Organization (ILO)** to discuss social reforms and put them into practice. It was formed as an agency of the League of Nations. Its aim was to improve conditions for workers around the world, and over time it has been responsible for many conventions on working conditions and rights. Labour rights were finally enshrined in the UDHR under Articles 23 and 24. Later treaties, such as the International Covenant on Economic, Social and Cultural Rights, have further defined those rights and sought to implement them around the world.

Universal Suffrage: The Right to Vote

Even where democracies have existed throughout history, the right to vote, known as suffrage, was usually restricted. The concept of universal suffrage is only a recent development in the world, but where it has been achieved, it is now considered an essential human right.

Demands for suffrage for all males began in world democracies in the 19th century. In the UK, rights for male voters, which initially represented only 60% of the male population, were gradually extended to:

  • Males who rented land of a certain value (1832)
  • All male householders (1867)
  • Males in the countryside (1884)

Pressure grew to extend voting rights to women. In 1893, **New Zealand** became the first country in the world to give women an equal right to vote. South Australia followed in 1894, with the Australian Commonwealth granting women’s suffrage in 1902. In 1928, the UK made equal voting rights for women the same as for men. The US passed the **Nineteenth Amendment**, allowing women to vote, in 1920.

The right to vote was extended by the **Fifteenth Amendment** to all adult males, regardless of ‘race, color or previous condition of servitude.’ In Australia, Indigenous peoples had the right to vote since the time of Federation in 1901, but they were effectively denied the right to vote until 1962. The Commonwealth legislated to ensure that Indigenous peoples had the right to vote regardless of their state voting rights, although voting was not compulsory for them. The 1967 constitutional referendum finally gave Indigenous Australians the right to be counted in the Australian Census.

The right to vote was recognized as a universal human right in Article 21 of the UDHR. By 2015, 89 countries, representing 46% of the world’s total population, were classified as democratic. 51 countries, representing 26% of the world’s population, were classified as ‘not free.’ The remaining 55 countries were ‘partly free.’ While the 1990s saw a spread of democracy, the tide may be turning against democracy with increased violence and chaos in various regions around the world, notably the Middle East.

Universal Education as a Human Right

Universal education is the idea that all human beings have a right to an education. This concept has only achieved wide acceptance in relatively recent history.

The push for universal education within individual countries did not really begin until the 19th century. By the mid-1800s in Europe, the increasing demands of industrialization required a literate and educated population. European governments began providing funding for schools; eventually, governments also administered schools. In 1870, the British Parliament passed the **Education Act 1870** (UK). In 1880, education was made compulsory for all British children from age 5–10, extending to age 12 in 1889. In France, by 1880, all children under 15 were required to attend school, with free and secular public instruction.

In New South Wales (NSW), the **Public Instruction Act 1880** (NSW) led to the government taking control of all church-run schools and making education free, secular, and compulsory. The first government schools for Indigenous Australians were also created; these schools later merged into the general public system. From 2010, the school leaving age in NSW was raised to 17. It is compulsory for all Australians to attend school from at least the age of six to 15. The Australian population now has a 99% literacy rate.

By the 20th century, compulsory education was expected by many countries and became a goal for all governments to pursue, seen as a fundamental human right. The UN made education a major priority of its economic and social development programs. The right to free education for all human beings was included under Article 26 of the UDHR.

In 2011, all member states of the UN agreed to a series of Millennium Development Goals, aimed at improving economic and social conditions in the poorest countries. The second goal was for children everywhere to be able to complete a full course of primary schooling. By the end of 2015, enrollment in primary education in developing regions had reached 91%.

The Collective Right to Self-Determination

The collective right to self-determination means that people of a territory or a national grouping have the right to determine their own political status: the group has the right to choose how it will be governed without undue influence from another country. Self-determination became important after world colonization by European powers, where people around the world were placed under the direct control of imperial powers.

Self-determination was most clearly demonstrated with the 1776 US Declaration of Independence against British colonial rule. World Wars I and II truly began the push for international recognition of the right as a path to peace.

The establishment of the **Charter of the United Nations** in 1945 led to the first universal recognition of the right to self-determination. Article 1(2) of the UN Charter calls for respect for the principle of self-determination, and this is further strengthened by Article 15 of the UDHR, which states that:

  1. Everyone has a right to a nationality.

  2. No one shall be arbitrarily deprived of his nationality nor denied the right to change his nationality.

The **International Covenant on Economic, Social and Cultural Rights (ICESCR)**, adopted by the UN in 1966 and in force since 1976, includes self-determination as its primary right, under Article 1(1).

In 2007, the UN adopted the **Declaration on the Rights of Indigenous Peoples**. This declaration took 20 years to complete and is non-binding on member states. Four states rejected the declaration, of which Australia was one. The Howard Coalition government stated its reason for rejection as ‘there should only be one law for all Australians.’

East Timor exerted its right to self-determination when in 1999 the people voted on whether they should be independent of Indonesia. The majority voted for independence, and Timor-Leste was recognized as a nation-state by the UN in 2002.

Environmental Rights and Global Treaties

Collective Environmental Rights relate to many existing agreed rights. For example, the rights to life, health, or property are already contained in human rights declarations, treaties, and many other international agreements. Arguments arise as to the question that these rights cannot be fully realized without the right to a healthy, safe, and adequate environment.

There is no universal recognition of environmental rights, yet numerous treaties attempt to deal with specific environmental threats. Examples include the **Stockholm Declaration (1972)**, the **Rio Declaration (1992)**, and the **Kyoto Protocol (1997)**—all attempts by the international community to deal with environmental problems.

The main problem in achieving progress in this area is the failure of all states to commit to measures that benefit the global community when those measures may seem to be to the short-term disadvantage of their national interest. This is particularly true for those states that rely on the environment for support to the economy.

Environmental rights are increasingly being dealt with under international laws in the International Criminal Court (ICC). There are many examples in history where peoples’ environmental rights have been violated.

The Right of Peoples to Peace

The main purpose of the League of Nations was expressed in the first line of its Covenant: ‘to promote international co-operation and to achieve international peace and security.’ Due to the League of Nations being unable to stop aggression leading to WWII, the UN was formed with the primary purpose to maintain peace.

Until the 20th century, there was no concept of a right to peace in international law. On 12 November 1984, the UN General Assembly adopted **Resolution 39/11** titled the **Declaration on the Right of Peoples to Peace**. It declared that promoting and implementing the right to peace is a fundamental obligation of states, and that government policies should be directed towards:

  • Elimination of the threat of war, particularly nuclear war

  • Renunciation of the use of force in international relations

  • The settlement of international disputes by peaceful means on the basis of the UN Charter.

In international law, the right to peace is balanced against the right of self-defense. Under Article 39, the UN Security Council can authorize actions to maintain or restore peace. Many actions have been considered legal on the basis of Article 51 (states have rights of self-defense if an armed attack occurs). This right is often abused: the 2003 invasion of Iraq by the US, the UK, and allies was claimed by the parties to be legal under a resolution made by the Security Council under Article 39.

The right to peace, especially the Declaration on the Right of Peoples to Peace, makes it clear that peace for all people should be the paramount consideration. Where a state commences an illegal war, it is considered a breach of the peace, or a ‘war of aggression.’ The ICC’s Assembly of States Parties agreed on 15 December 2017 that the ICC can now prosecute the **crime of aggression**.

How Human Rights Have Changed and Developed Over Time

Over time, human rights have evolved to meet the ever-changing nature of law and society’s perspectives. Examining human rights, it can be identified that all rights have changed and developed over time:

  • Abolition of Slavery: Began its formation in the 1770s and continued to develop until the mid-1900s, where slavery was prohibited under Article 4 in the UDHR. However, slavery still exists, and the legal system continues to change to meet the rights of individuals.
  • Trade Union and Labour Rights: Began in the late 1800s and were finally enshrined in the UDHR in 1948.
  • Universal Suffrage: Concerns that created the right began in the early-to-mid 1800s, initially regarding only males. It was finally recognized as a universal human right in Article 21 of the UDHR in 1948, though the right continues to take shape globally.
  • Universal Education: The push for universal education within individual countries did not really begin until the 19th century. The right to free education for all human beings was included under Article 26 of the UDHR.
  • Self-Determination: Became important after world colonization by European powers. The establishment of the UN Charter in 1945 recognized the right, leading to its implementation in the UDHR. However, issues and concerns regarding this right still continued after its implementation.
  • Environmental Rights: No universal recognition exists, yet numerous treaties attempt to deal with specific environmental threats, such as the Stockholm Declaration (1972).
  • Peace Rights: Until the 20th century, there was no concept of a right to peace in international law. Attempts to formalize this right began in 1984, where the UN General Assembly adopted the Declaration on the Right of Peoples to Peace.

Overall, all recognized rights have changed and developed throughout time, and these developments and changes still continue to take shape even in modern times.

Formal Statements of Human Rights

The catalyst for the recognition of many of these rights was the horrors of the two World Wars and the sense of shared purpose of the international community at the end of these wars, leading to the establishment of the UN in 1945. The UN gave voice to the international community and became a forum for developing and expanding international laws through international treaties and declarations of shared intent.

Universal Declaration of Human Rights (UDHR)

An international bill of rights was a topic of interest for some time, but it was WWII that finally pushed for its creation. In 1941, US President Franklin Roosevelt called for the protection of the **Four Freedoms** for all people: freedom of speech and conscience, and freedom from fear and want.

The UDHR is a foundational document of human rights. It sets out fundamental human rights to be universally protected, helping to push peace on the world. The declaration was adopted on 10 December 1948. The UDHR has 30 articles, covering rights such as the right to life, liberty, security, thought, religion, education, work, equality of movement, and asylum. Each of these rights is extremely important and has potentially enormous implications for society and the individual.

The UDHR was adopted as a declaration, rather than a fully binding treaty, for the purpose of defining ‘fundamental freedoms’ and ‘human rights’ in the UN Charter, which is binding on all member states. The UDHR is considered **soft law**—not binding but still influential—rather than enforceable hard law obligations. The UDHR has arguably become part of international customary law.

International Covenant on Civil and Political Rights (ICCPR)

The ICCPR and the ICESCR were both drafted and approved in 1966, but only came into force in 1976.

The ICCPR created an obligation to respect the civil and political rights of individuals, including equality between men and women, the right to freedom of movement, the right to a fair trial, and the right to be presumed innocent until proven guilty. It also guarantees freedom of thought, conscience, speech, religion, and assembly. It states that people have the right to marry whoever they wish and have a family, and it provides that all children and prisoners must be treated with respect. The covenant guarantees the right to vote and receive equal protection under the law, and ensures that ethnic minorities have the right to enjoy their own cultures. Burma, Malaysia, Saudi Arabia, and Singapore have not signed the ICCPR. China and Cuba have signed but not ratified it.

International Covenant on Economic, Social and Cultural Rights (ICESCR)

The ICESCR was approved in 1966 and came into force in 1976. It created an obligation on states to work towards granting economic, social, and cultural rights to individuals. This includes labor rights, the right to adequate food, clothing, housing, and health care, and guaranteed the right to education. It is overseen by the UN Committee on Economic, Social and Cultural Rights. By the beginning of 2015, the ICESCR was ratified by 164 states.

Early Domestic and International Documents

Magna Carta (1215) UK/England

The Magna Carta is a list of rights given to the people of England by their king. It was signed in 1215 by King John, who was under threat of civil war after failing to uphold his promise to maintain the people’s rights. It contained important clauses designed to bring about reforms in judicial and local administration.

Habeas Corpus Act (1679) England

Habeas Corpus is an Act of Parliament which ensures no one can be imprisoned unjustly or unlawfully. It is titled: “An act for the better security of liberty of the subject.”

Contribution of Major Human Rights Documents

Major human rights documents include 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 is a document of human rights that is not enforceable by hard law. Although the UDHR is soft law, it is still very influential, inspiring more than 200 international treaties, conventions, declarations, and bills of rights in the last 50 years. Arguably, the UDHR has become a part of international customary law. The ICCPR has assisted in the development of human rights as it creates obligations to respect the civil and political rights of individuals. The ICESCR created an obligation on states to work towards granting economic, social, and cultural rights to individuals, essentially effectively implementing human rights. The UDHR, ICCPR, and ICESCR together make up what is called the **International Bill of Rights**, and together impose obligations on states to respect and promote human rights. Overall, these major human rights documents definitely increased the development of human rights.

Statehood and Sovereignty in International Law

Defining Statehood

A state is the basic unit of the international system. Generally known as countries. A state should be distinguished from a nation, which is a people who share a common heritage, language, culture, or race—nations do not always correspond with state borders.

In international law, recognition as a state requires a number of factors, as outlined in Article 1 of the **Montevideo Convention on the Rights and Duties of States (1933)**:

  1. A permanent population

  2. A defined territory

  3. Government

  4. Capacity to enter into international relations

A sovereign state is a geographical area that is controlled by a central government which exercises supreme independent authority over that area internally and externally. A state must be recognized by other states to have full political and legal capacity. Membership of the UN is the clearest mark of statehood, yet there is no clear definition of statehood that binds the international community; granting recognition is usually a political matter. The issue of statehood can have implications for human rights. People may be unable to claim protections under the international human rights regime if they live within the territory of an unrecognised state (e.g., events in Serbia).

The Principle of Sovereignty

The sovereignty of states is one of the most essential components of the international system. No foreign state or law can interfere in another state’s domestic jurisdiction, unless it has the consent of that state. According to the UN Charter, all states are fundamentally equal—Article 2(1) of the Charter states: “The [UN] is based on the principle of sovereign equality of all its members.” Critically, in the modern international system, a state’s sovereignty is not absolute.

State Sovereignty and Human Rights Enforcement

A major problem of state sovereignty is that not all governments equally accept the idea that their own people have certain rights. In extreme cases, countries may commit human rights abuses. In such cases, state sovereignty may be used as a shield against outside interference.

However, states have signed numerous international agreements (treaties), including the UN Charter, that create concrete legal obligations. Agreements are by nature consensual, so they do not infringe on sovereignty, but they do put responsibility squarely on the sovereign state to uphold its commitments or face the agreed consequences.

Assessing the Role of State Sovereignty in Promoting and Enforcing Human Rights

State sovereignty plays a significant role in promoting and enforcing human rights. The protection of human rights internationally often undermines the idea of national sovereignty, as it means interfering with a nation’s domestic affairs, which states resent as it compromises their power. However, as global values and ethical standards change, the relationship between state sovereignty and human rights similarly evolves in a positive light, as the responsibility of nations to protect human rights within its borders becomes increasingly recognized. Scrutiny of this protection is a legitimate international concern, as it can emphasize the need for law reform to protect human rights. Some nation-states do recognize that the international community should interfere to stop human rights violations if such breaches endanger world peace and security, as seen by compliance to IGO standards to implement humanitarian aid, evident in NATO bombings of Libya during the 2011 Arab Spring.