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The belief that everyone, by virtue of her or his humanity, is entitled
to certain human rights is fairly new. Its roots, however, lie in earlier
tradition and documents of many cultures. It took the catalyst of World
War II to propel human rights onto the global stage and into the global
conscience.
Throughout much of history, people acquired rights and responsibilities
through their membership in a group-a family, indigenous nation, religion,
class, community, or state. Most societies have had traditions similar
to the "golden rule" of "Do unto others as you would have
them do unto you." The Hindu Vedas, the Babylonian Code of Hammurabi,
the Bible, the Quran (Koran), and the Analects of Confucius are five of
the oldest written sources which address questions of people's duties,
rights, and responsibilities. In addition, the Inca and Aztec codes of
conduct and justice and an Iroquois Constitution were Native American
sources that existed well before the eighteenth century. In fact, all
societies, whether in oral or written tradition, have had systems of propriety
and justice as well as ways of tending to the health and welfare of their
members.
Precursors of twentieth century Human Rights Documents
Documents asserting individual rights, such as the Magna Carta (1215),
the English Bill of Rights (1689), the French Declaration on the Rights
of Man and Citizen (1789), and the United States Constitution and Bill
of Rights (1791) are the written antecedents to many of today's human
rights documents. Yet many of these documents, when originally translated
into policy, excluded women, people of color, and members of certain social,
religious, economic, and political groups. Nevertheless, oppressed people
throughout the world have drawn on the principles these documents express
to support revolutions that assert the right to self-determination.
Contemporary international human rights law and the establishment of the
United Nations (UN) have important historical antecedents. Efforts in
the nineteenth century to prohibit the slave trade and to limit the horrors
of war are prime examples. In 1919, countries established the International
Labor Organization (ILO) to oversee treaties protecting workers with respect
to their rights, including their health and safety. Concern over the protection
of certain minority groups was raised by the League of Nations at the
end of the First World War. However, this organization for international
peace and cooperation, created by the victorious European allies, never
achieved its goals. The League floundered because the United States refused
to join and because the League failed to prevent Japan's invasion of China
and Manchuria (1931) and Italy's attack on Ethiopia (1935). It finally
died with the onset of the Second World War (1939).
The Birth of the United Nations
The idea of human rights emerged stronger after World War II. The extermination
by Nazi Germany of over six million Jews, Sinti, and Romani (gypsies),
homosexuals, and persons with disabilities horrified the world. Trials
were held in Nuremberg and Tokyo after World War II, and officials from
the defeated countries were punished for committing war crimes, "crimes
against peace," and "crimes against humanity."
Governments then committed themselves to establishing the United Nations
(UN), with the primary goal of bolstering international peace and preventing
conflict. People wanted to ensure that never again would anyone be unjustly
denied life, freedom, food, shelter, and nationality. The essence of these
emerging human rights principles was captured in President Franklin Delano
Roosevelt's 1941 State of the Union Address when he spoke of a world founded
on four essential freedoms: freedom of speech and religion and freedom
from want and fear. The calls came from across the globe for human rights
standards to protect citizens from abuses by their governments, standards
against which nations could be held accountable for the treatment of those
living within their borders. These voices played a critical role in the
establishment of the United Nations Charter in 1945-the initial document
of the UN setting forth its goals, functions, and responsibilities.
The Universal Declaration of Human Rights
Member states of the United Nations pledged to promote respect for the
human rights of all. To advance this goal, the UN established a Commission
on Human Rights and charged it with the task of drafting a document spelling
out the meaning of the fundamental rights and freedoms proclaimed in the
Charter. The Commission, guided by Eleanor Roosevelt's forceful leadership,
captured the world's attention. On December 10, 1948, the Universal Declaration
of Human Rights (UDHR) was adopted by the fifty-six members of the United
Nations. The vote was unanimous, although eight nations chose to abstain.
The UDHR, commonly referred to as the international Magna Carta, extended
the revolution in international law ushered in by the United Nations Charter-namely,
that how a government treats its own citizens is now a matter of legitimate
international concern, and not simply a domestic issue. It claims that
all rights are interdependent and indivisible. Its preamble eloquently
asserts that:
Recognition of the inherent dignity and of the equal and
inalienable rights of all members of the human family is
the foundation of freedom, justice, and peace in the world.
The influence of the UDHR has been substantial. Its principles have been
incorporated into the constitutions of most of the more than 185 nations
now in the UN. Although a declaration is not a legally binding document,
the Universal Declaration has achieved the status of customary international
law because people regard it "as a common standard of achievement
for all people and all nations."
The Human Rights Covenants
With the goal of establishing mechanisms for enforcing the UDHR, the UN
Commission on Human Rights proceeded to draft two treaties [NEED DATE]:
the International Covenant on Civil and Political Rights (ICCPR) and its
optional Protocol and the International Covenant on Economic, Social and
Cultural Rights (ICESCR). Together with the Universal Declaration, they
are commonly referred to as the International Bill of Human Rights. The
ICCPR focuses on such issues as the right to life, freedom of speech,
religion, and voting. The ICESCR focuses on such issues as food, education,
health, and shelter. Both covenants trumpet the extension of rights to
all persons and prohibit discrimination.
As of 1997, over 130 nations have ratified these covenants. The United
States,
however, has ratified only the ICCPR, and even that with many reservations,
or formal exceptions, to its full compliance.
Subsequent Human Rights Documents
In addition to the covenants in the International Bill of Human Rights,
the United Nations has adopted more than twenty principal treaties further
elaborating human rights. These include conventions to prevent and prohibit
specific abuses like torture and genocide and to protect especially vulnerable
populations, such as refugees (Convention Relating to the Status of Refugees,
1950), women (Convention on the Elimination of All Forms of Discrimination
against Women, 1979), and children (Convention on the Rights of the Child,
1989). As of 1997 the United States has ratified only a handful of these
conventions:
The Convention on the Elimination of All Forms of Racial Discrimination
The Convention on the Prevention and Punishment of the Crime of Genocide
The Convention on the Political Rights of Women
The Slavery Convention of 1926
The Convention against Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment
In Europe, the Americas, and Africa, regional documents for the protection
and promotion of human rights extend the International Bill of Human Rights.
For example, African states have created their own Charter of Human and
People's Rights (1981), and Muslim states have created the Cairo Declaration
on Human Rights in Islam (1990). The dramatic changes in Eastern Europe,
Africa, and Latin America since 1989 have powerfully demonstrated a surge
in demand for respect of human rights. Popular movements in China, Korea,
and other Asian nations reveal a similar commitment to these principles.
The Role of Non-Governmental Organizations
Globally the champions of human rights have most often been citizens,
not government officials. In particular, non-governmental organizations
(NGOs) have played an important role in focusing the international community
on human rights issues. For example, NGO activities surrounding the 1995
United Nations Fourth World Conference on Women in Beijing, China, drew
unprecedented attention to serious violations of the human rights of women.
NGOs such as Amnesty International, the Antislavery Society, the International
Commission of Jurists, the International Working Group on Indigenous Affairs,
Human Rights Watch, Minnesota Advocates for Human Rights, and Survivors
International monitor the actions of governments and pressure them to
act according to human rights principles.
Government officials who understand the human rights framework can also
effect far-reaching change for freedom. Many United States Presidents
such as Abraham Lincoln, Franklin Roosevelt, Lyndon B. Johnson, and Jimmy
Carter have taken strong stands for human rights. In other countries leaders
like Nelson Mandela and Vaclav Havel have brought about great changes
under the banner of human rights.
The Evolution of Human Rights Law
Since 1948 the UDHR has served as the foundation for twenty major human
rights conventions. Many human rights conventions have entered into force;
some are still in the process of ratification. Others, such as a convention
on the rights of indigenous peoples and a convention on environmental
rights, are presently being drafted. As the needs of certain groups of
people are recognized and defined and as world events point to the need
for awareness and action on specific human rights issues, international
human rights law continuously evolves in response. The ultimate goal is
to protect and promote the basic human rights of every person, everywhere.
Although much progress has been made in the protection of human rights
worldwide, the disturbing reality is that people who have killed, tortured,
and raped systematically or on a massive scale are still likely to escape
punishment. Now that the new millennium has arrived, it is time to send
a clear message to those who think they are above the law-violations of
human rights will not be tolerated. The world needs a just, fair, and
effective permanent international criminal court to bring human rights
violators to justice.
After years of intense preparation, governments met in 1998 in Rome, Italy,
to adopt the statute establishing a permanent International Criminal Court
(ICC). The ICC will be formally established after sixty countries have
ratified the Rome Statute of the International Criminal Court. The proposed
International Criminal Court will be a permanent judicial tribunal with
a global jurisdiction to try individuals for the worst crimes in the world-genocide,
other crimes against humanity and serious war crimes.
Modern Human Rights Movement
The adoption of the UDHR in 1948 is thought to be the beginning of the
modern human rights movement. The establishment of NGOs such as Amnesty
International has propelled human rights issues into the global conscience.
The modern human rights movement has seen profound social changes. The
women's rights movement gained more equality for women such as the right
to vote. The US Civil Rights movement saw long-oppressed racial minorities
demand their equal rights. All over the world, countries liberated from
colonial powers. But there is still much more work to be done.
Human rights is an idea whose time has come. The Universal Declaration
of Human Rights is a call to freedom and justice for people throughout
the world. Every day governments that violate the rights of their citizens
are challenged and called to task. Every day human beings worldwide mobilize
and confront injustice and inhumanity. Like drops of water falling on
a rock, they wear down the forces of oppression and move the world closer
to achieving the principles expressed in the Universal Declaration of
Human Rights.
Source: Adapted from David Shiman, Teaching Human Rights, (Denver: Center
for Teaching International Relations Publications, University of Denver,
1993), pp. 6-7.
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