Understanding Human Rights: Foundations and Evolution
Foundations of Human Rights
Human rights serve as a framework for understanding reality. The cornerstone of human rights, and the source of all legislation derived from them, is the Universal Declaration of Human Rights, adopted by the United Nations General Assembly on December 10, 1948. Human rights can be considered a secondary legal standard, providing an ethical benchmark to evaluate existing legal systems globally and determine their fairness.
The Law of Nature and Natural Rights
John Locke argued that individuals are divinely obligated to respect the life, health, liberty, and possessions of others – this is the law of nature. He posited that human beings are rational and capable of understanding this law. In the state of nature, a historical condition devoid of political authority, each person possessed the right to self-defense and to uphold natural law.
The Glorious Revolution and the Bill of Rights
The Glorious Revolution led to the overthrow of James II of England. The subsequent monarch, William of Orange, was compelled to accept the Bill of Rights in 1689. This event established a parliamentary monarchy and affirmed the people’s right to elect their representatives.
Declaration of the Rights of Man and Citizen
Proclaimed by the National Assembly during the French Revolution in 1789, this declaration was influenced by Locke and Enlightenment thinkers like Rousseau. It asserts that the primary aim of any political association is the preservation of humanity’s natural rights.
Challenging Natural Rights: Utilitarian Ethics
Jeremy Bentham, an English philosopher and the founder of utilitarian ethics, rejected the concept of natural rights. Bentham believed that pleasure and pain were the sole foundations for constructing effective laws, advocating that ethics and politics should strive for the greatest happiness for the greatest number.
Marxism and Human Rights
Karl Marx, a German philosopher and economist, viewed human rights as the entitlements of an egoistic individual, detached from society. Marx conceptualized society as a natural entity to be understood through economic principles, rather than an artificial construct. He interpreted natural law theories as reflections of the ruling class’s interests.
New Demands and New Rights
In Europe, communist and socialist groups gained momentum following the publication of the Communist Manifesto by Marx and Engels and the establishment of the First International Workingmen’s Association in 1894. Marxist ideology aimed to transform private property into collective ownership for the benefit of society.
Historical Context and Features of Human Rights
The adoption of the concept of human rights was largely motivated by the desire to prevent atrocities like those committed by the Nazis during World War II. Key features of human rights include their equality for all, inalienability, and universality. However, cultural relativity is an undeniable reality, as moral rules and institutions exhibit significant variations across societies and throughout history.
Understanding Minority Groups and Their Rights
The term minority group refers to a numerically smaller group within a larger population, distinguished by common characteristics such as race or religion. These groups possess rights that encompass:
- Individual rights for members of a minority group (e.g., the right for immigrants to vote).
- Collective rights (e.g., the right to an education that respects their traditions).