Historical Evolution of Human Rights

Historical Development of Human Rights

• Human rights evolved over time and place.
• This evolution experienced several turning points that impacted and were influenced by the course of life.
• The objective is to secure human life and harness the surrounding environment to fulfil legitimate aspirations for life and the right to exist.

Key Milestones in the Emergence of Human Rights

• The emergence of human rights became prominent at the end of the Middle Ages and the beginning of the Renaissance in Europe.
• Philosophers advocating for freedom and denouncing tyranny and oppression, such as Grotius, John Locke, and Montesquieu gained prominence.
• Regardless of the approach, human rights manifested through various indications, all aimed at:
  • Individual freedom
  • Protecting existence
  • Elevating material, moral, health, and social standards

Evolution of Human Rights

• The evolution of human rights can be traced through three historical stages:
  • Human rights in ancient times
  • Human rights in the Middle Ages
  • Human rights in the modern era

The French Revolution's Impact

• Jurists drew inspiration from the outcomes of the French Revolution after its success.
• It pioneered the call for citizen liberation and the protection of human rights from all violations and restrictions.
• Despite the aspirations of the French Revolution, the international community remained oblivious to the essence of human rights in the modern sense.
• The international community did not recognize human rights until the issuance of the Universal Declaration of Human Rights.
• The concept of human rights evolved through a strenuous journey across time.
• Its connotations varied with different places.

Human Rights in Ancient Civilizations

• Ancient Egyptian civilization had a significant impact on shaping the legal concept of protecting human rights.
• The revolution of Akhenaten is considered one of the most important revolutions that sought to embody human rights standards and concepts during that era.

Akhenaten's Call

• Akhenaten advocated for:
  • Peace, mercy, and tolerance
  • Rejection of wars
  • Dissemination of equality among people in religious affairs
  • Achieving justice for all without discrimination
  • Abolishing excessive veneration of the ruling family.
• Members of the royal family became like any other citizens in terms of treatment and privileges.

Ancient Egypt and Human Rights

• Ancient Egyptian civilization summarized the concept of human rights in one word: Maat.
• Maat signifies justice, truth, and right.
• Ancient Egyptian civilization upheld the right to life, health insurance, education, and the principle of equality among all people.
• During the Eighteenth Dynasty, councils were established to govern with justice.
• These councils called for upholding the standards of justice.
• Every individual had the right to preserve their body after death, within the scope of their religious rights.
• Embalming was exclusive to the elite, such as princes and kings.

Human Rights in Greek and Roman Civilizations

• Plato, in his ideal republic, decreed the deprivation of slaves' right to citizenship.
• Slaves were forced to obey and submit to their free Greek or foreign masters.
• During the Greek civilization, Aristotle distinguished between two categories of people:
  • Greeks who were distinguished by action and will
  • Barbarians who were defined by physical abilities and destined by nature to be slaves.

Other Views

• The Cynic school emerged to alleviate the severity of Greek philosophical extremism regarding human rights.
• The Stoic school continued this trend.
• Principle of brotherhood:
  • Stated all humans were brothers.
  • Abolished the phenomenon of slavery and the master-slave relationship.

Stoic School

• The Stoic school viewed all humans as brothers, regardless of their origins, ethnicities, and languages.
• This was achieved by subjecting them to one law, the natural law, which cannot be violated by the provisions of man-made law.

Human Rights in Roman Civilization

• Human rights in Roman civilization went through its worst phases with atrocities and human rights violations surpassing all forms of oppression and subjugation witnessed in previous civilizations.
• Slaves were considered objects without rights.
• Romans invaded others solely to enslave the inhabitants of the conquered regions.
• The Roman law divided people into:
  • Citizens
  • Foreigners
• Foreigners were considered enemies.
• Foreigners lived in neighboring lands across the river with no treaties or alliances with Rome.
• Romans had the right to seize them, their wealth and their possessions.
• The principle of conquest was the foundation of the Roman strength.
• Rome was built upon dealing with others from the nations of this earth.
• Roman law divided the world into three zones:
  • Zone of Citizens
  • Zone of Enemies
  • Zone of Allies and Confederates
• Human rights were not better under the Romans than under the Greeks.

Summary of Previous Civilizations

• Slavery was widespread.
• Human rights violations surpassed all shapes of injustice and repression in the Roman era that man witnessed during that period of time.
• A clear deficiency in the concept of human rights emerged regarding:
  • Greek thought that was characterized by the notion of the philosopher king and establishing the virtuous city.
  • Roman thought had the feature of the primacy of natural law.
  • Roman thought had achieving a minimum level of justice among people in rights and duties.

Human Rights in Abrahamic Religions

• Judaism was based on the distorted Torah with Jews known for their eagerness to shed blood savagely.
• History has witnessed this eagerness, demonstrated by their disparagement of other peoples, and their belief that they were God's chosen people.
• Human rights in the distorted Jewish religion opposed humanity.
• Judaism blatantly violated the provisions of international law and human rights.

Human Rights in Christianity

• Christianity emerged along with the prophet Jesus to achieve ideals in human society by:
  • Advocating for spiritual purity, tolerance, and purification of the soul
  • Focusing on spirituality
  • Abandoning worldly pleasures, to attain justice among people
  • Embodying brotherhood and equality among them

Christian Teachings

• Christianity largely contributed to reducing barbaric practices that were prevalent in the Middle Ages.
• Christianity advocated for the separation of religious and secular authority.
• It had faith in the concept of justice.
• It emphasized the need to adopt the family, the church, and the state as means to achieving happiness for humanity.
• Churches welcomed slaves and defended the poor and downtrodden against the wealthy.
• Christianity carried two fundamental elements to European civilization and the theory of human rights:
  • Dignity of the human person
  • Concept of limiting authority
• This led to the rejection of the idea of absolute sovereignty for rulers.
• Christian teachings held that no authority above Earth could be absolute, and absolute authority should be exercised by God alone.
• Each organized human authority is limited by nature.

Human Rights in Islam

• Islam emerged when injustice, tyranny, oppression, and violation of human dignity thrived.
• The religion embodied the message of heaven manifested in the Quran clearly.
• The message openly respected human rights, in that Islamic law preceded all international conventions and national legislations in affirming the protection of human rights.
• Human rights in Islamic law stem from an idea independent of human will, temporal relativity, spatial relativity, and diverse concepts.
• Islam has different standards for application in human societies.
• Islam's core principles require it to be binding to people regarding rights.
• Islam made it compulsory, to the ruler, the ruled, and the states and peoples to respect the human.
• However, Islamic law is not a weapon in the hands of the authorities, or justification for people to rebel against society/rulers.
• Islam's principles advocate the necessity of liberating humans from servitude, slavery, and subjugation, and affirm the principles of justice, equality, and the prohibition of discrimination.
• Principles are to be upheld without harming the security of other people in the global community.
• Islamic law is a key source of human rights at the local, regional, and international levels; Islam has instilled the principle of equality among people.
• Islam has eliminated bigotry and tribalism.
• Islam has equated the free, the slave, the leaders and the led, the rich and the poor.
• Islamic law highlights many human rights like:
  • The right to equality
  • Rejecting discrimination because of race, gender, lineage, or money
  • Sanctity of assault on a person or their money
• Islamic teachings state: "O mankind, indeed We have created you from male and female and made you peoples and tribes that you may know one another. Indeed, the most noble of you in the sight of Allah is the most righteous of you. Indeed, Allah is Knowing and Acquainted".

Conclusion on Islam

• Islam is a religion of tolerance and respect for human rights.
• Eradicating corruption, it's not a law of terror and bloodshed.
• A misguided group is trying to export a negative image of Islam to the world.
• The Quran confirms: "Do not kill a soul that Allah has made sacred except through due process of law. If anyone is killed unjustly, We have granted the right of legal recourse to their heir, but let them not exceed the limits in taking life, for they are supported [by the law].
• "If anyone kills a person - unless it is for murder or for spreading mischief in the land - it would be as if he killed the whole people.”
• The Islamic Sharia established the values of human rights & set controls that regulate human rights and the way to practice freedoms.
• Egypt is keen to correct the language of religious discourse to understand the truth about Islam.
• Egypt aims to reveal the fallacies of terrorists, in accordance with God's words: "Indeed, Allah orders justice and good conduct and giving to relatives and forbids immorality and bad conduct and oppression He admonishes you that perhaps you will be reminded".

Constitutional Framework for Human Rights

• Human rights entered the legal framework to gain real dimensions and become binding legal texts because of the development of philosophical and legal thought.
• Rights took the form of declarations of rights.
• Rights were included in constitutional documents in England, the United States of America, and France.

Historical Development of Human Rights in the Middle Ages

• The concept of human rights during the Middle Ages and the Renaissance is represented by a number of documents and laws issued in several Western countries, most notably:
  • Magna Carta issued in 1215 AD
  • The Petition of Rights issued during the reign of King Charles I in 1628 AD

Historical Development of Human Rights in the United Kingdom

• Magna Carta was the first English document to include some of the basic principles of human rights.
• Magna Carta was of constitutional nature and was issued in 1215 AD after the armed revolution by the barons against King John.
• Magna Carta included many principles that are considered human rights principles such as:
  • No confiscation of anyone's property without a legal basis.
  • Freedom of movement.
• Freedom of trade.
• Taxes must be approved by Parliament.
• Right to safety.
• Guarantee of the right to litigation.
• Right to property.
• After the issuance of Magna Carta, other documents with constitutional nature were issued.
• Documents included texts specialized on human rights.
• In 1628 AD, a document with a constitutional nature was issued under the name "Petition of Rights”.
• Petition for Rights document emphasized the preservation of some of the basic rights, including:
  • Right to safety
  • Freedom of trade
  • Right to property
• A law was issued in 1679 AD called the Habeas Corpus Act.
• Habeas Corpus Act emphasizes:
  • Prohibition of the arrest of persons by the executive authorities without a legal justification to justify the arrest.

Further Milestones

• In 1688, a new constitutional document was issued under the name Bill of Rights.
• King Henry III, in this document, acknowledged his concession on the right to legislate and his abstention from establishing courts.
• Bill of Rights document included provisions related to the organization of the courts, the adoption of the jury system in trials, and not exaggerating judgments issued by the courts in harsh penalties and fines.
• In 1701, the "Settlement Law" was issued, which stipulated that the ruling family in Hanover recognize the general rights of the people, parliamentary democracy, and emphasize respect for the principle of legality.

Historical Development of Human Rights in the United States of America

• The Virginia Declaration was the first codification of human rights, drafted by George Mason.
• Virginia Declaration included specific freedoms such as:
  • Freedom of the press
  • Freedom to practice religious rites.
  • Commitment not to deprive anyone of their freedom except by law.
• The declaration was followed by the issuance of the Declaration of Independence in 1776 AD, which was drafted by Thomas Jefferson.
• Thomas Jefferson stated in the introduction:
  • All human beings are created equal.
  • They are endowed by their Creator with certain inalienable rights, including the right to life and liberty.

Declaration of Independence

• The Declaration of Independence is an important document on human rights with constitutional nature, was issued in 1778 to become independent from England.
• This document includes:
  • Equality
  • Right to life
  • Freedom
  • Right to pursue happiness, and strive to achieve it
• The Federal Constitution was issued in 1787 AD.
• The Federal Constitution's amendments in 1791 AD, stipulate:
  • Freedom of belief
  • Practice of religious beliefs
  • Sanctity of life
  • Freedom of the press, assembly, expression, publication, and guarantees.
  • Free litigation
  • States of carrying weapons and controlling the armed forces
  • Casting votes in public elections
  • No depriving a citizen of election because of gender and color.
  • Prohibition of slavery and emancipation.

Historical Development of Human Rights in France

• The French Constituent Assembly, representing the people, issued a declaration after the victory of the French Revolution.
• The declaration was called the First Declaration of the Rights of Man and of the Citizen for the year 1789 AD.
• This declaration is among the first documented documents on human Rights that indicates that it is directed to all "humans" regardless of nationality or the geographical area in which they live.
• This declaration consists of an introduction and seventeen articles, which address several of the basic rights for mankind.
• In 1791, the French constitution of 1791 AD was issued.
• The provisions of the Declaration of the Rights of Man and of the Citizen were attached to the Constitution of 1789 AD.

Historical Development of Human Rights in Arab Countries

• Arab countries gained independence after First and Second World Wars.
• Most of the Arab countries issued many constitutions affected by Ottoman Empire and pre-amendment Turkish Constitution.
• Most Arab constitutions have referred to:
  • General Freedoms
  • Equality
  • Right to appointments in government positions
  • Equal bearing of public duties
  • Freedom of belief
  • Freedom of expression
  • Right to education
  • Freedom of assembly
• Most Arab constitutions are similar in content to western constitutions.

Evolution of Human Rights in the Modern Era

• Human rights entered a new phase with international dimensions in the modern era that was previously a purely domestic matter.
• Internationalizing the organization of human rights began in the late nineteenth century .
• Numerous bilateral and multilateral agreements and treaties were concluded in Europe. Some include:
  • Paris Treaty of 1814 between Britain and France to combat slavery and trafficking.
  • Berlin Agreement of 1855 to prohibit trafficking in white slaves
  • Brussels Agreement of 1889 which approved executive measures to eliminate the trade in slaves
  • The Hague Agreement of 1912 to ban trade-in drugs
  • Agreement of 1903 AD to take care of individual health

International Customary Law

• International customary law recognized principles in the protection of human rights that include:
  • Intervention for humanitarian purposes
  • A rule applied by European countries against weak countries outside Europe
  • Rules of international humanitarian law related to war victims were initially established as international customs

Regional Human Rights Agreements

• Emphasis was placed at the regional level on the universality of human rights.
• The American countries established the American Convention on Human Rights
• The American Convention on Human Rights was approved in Costa Rica in 1969 AD.
• The Council of Europe countries signed the European Convention on Human Rights in 1950 AD.
• The African Charter of Human and Peoples’ Rights was issued at the summit conference of the Organization of African Unity.
• The African Charter of Human and Peoples' Rights was approved in Nairobi in 1981 AD.
• The African Charter of Human and Peoples' Rights came into force in 1986 AD.
• There is a desire to value each region's character and cultural heritage when approving the agreement or charter on Human Rights:
  • The trend is towards regionalism in protecting human rights
  • This reflects the desire and pride in the character and cultural heritage of the people of each region when approving the agreement or charter on human rights.

Sources of Human Rights

• Divine laws are the foundations of human rights.
• At the international and regional levels the treaties, declarations, and conventions serve as resources for human rights laws.
• International humanitarian law has provided many constitutions and national regulations for human rights.
• Sources of human rights include:
  • Historical Sources: divine religions.
  • Philosophical Sources: scholars and philosophers of ancient civilizations.

Written Historical Sources

• Magna Carta issued in England in June 12, 1215.
• Petition of Rights Prepared by British Parliament on June 7, 1628.
• United States Declaration of Independence issued on July 4, 1776.
• Declaration of the Rights of Man and of the Citizen issued by the French Parliament in 1798.

National Sources

• It refers to legislation, such as:
  • Ordinary legislation (law)
  • Sub-legislation (regulations)
  • Constitutional Legislation (Constitution)

International Sources

• Universal Declaration of Human Rights
• International Covenant on Economic, Social and Cultural Rights
• International Covenant on Civil and Political Rights
• International Declarations and documents in the context of the United Nations related to human rights

Examples of United Nations Declarations

• Universal Declaration of Human Rights of 1948.
• Declaration of the Rights of the Child of 1959.
• Declaration of Independence for Colonial Countries and Peoples of 1960.
• Declaration of the Rights of Mentally Retarded Persons of 1971.
• Declaration of the Rights of Disabled People of 1975.
• Declaration on the Right to Development of 1986.
• Declaration of the Rights of Persons Belonging to National or Ethnic, Religious or Linguistic Minorities of 1992.

International Agreements Under the Auspices of the United Nations

• Agreement to Prevent the Crime of Genocide and the Punishment for the year 1948.
• International Agreement on the Right of Correction for the year 1952.
• International Covenant concerning the elimination of all forms of racial discrimination for the year 1965.
• International Covenants on Civil and Political Rights and Economic and Social Rights and Culture for the year 1966.
• Convention on the Elimination of All Forms of Discrimination against Women for the year 1979 AD.
• The United Nations has strongly emphasized equality between men and women.
• In 1952, women were granted rights:
  • The Right to vote
  • Participate in public a political life
• The General Assembly of the United Nations adopted an agreement on the nationality of married women.
• Five years later, the United Nations adopted the agreement of consent to marriage, the minimum age of marriage, and registration of marriage contracts.

Remember

• The Egyptian Constitution issued in 2014 stipulates equality.
• The Egyptian Constitution stipulates a nation that applies away from sectarian discrimination.
• The Egyptian Constitution focuses on the concept of national identity in all its components and diversity, Christian and Islamic.
• Egypt's constitution affirms national unity as a characteristic of the Egyptian people.
• People must respect and encourage tolerance and moderation.
• All people are granted rights and freedoms without discrimination .

Concluding Thoughts on Human Rights

• Thinkers and philosophers throughout the ages have adopted theoretical frameworks and advocated for the protection of human rights.
• Both Buddha and Indian philosophy emphasized the immediate threats to fundamental human freedoms posed by violence, destitution, exploitation, and the violation of covenants.
• The "Manu" Code contained principles aimed at safeguarding humans from these threats.
• Chinese philosophy stood firm and offered a long stance towards the duties of human beings towards human beings and guarantees his basic rights to express himself.
• Confucius said "Man will not learn civilization unless he is fed and clothed properly".

Human Right Classification

• Human Rights can be classified into:
  • Rights of Personal safety
  • Civil liberties
  • Economical and Social rights

Universal Declaration

• The articles of the Universal Declaration of Human Rights can be divided into 4 groups:
  • First group is for individual and personal
  • Second group is for personal and state communication
  • Third group covers civil liberty and basic right
  • Fourth group covers Economical and Social right
• Safety of personal rights grantees human's safety and freedom.

Universal Declaration Highlights

• Everyone has the right of life/freedom and safety, and no one can enslave them.
• Civil Liberty grantees expressing opinions with words and practices, so every person has the right to express opinion, and have consciousness and faith
• Other civil right, the right of voting for elections during public works and setting up a family
• Social and Economic rights cover the basic needs of personal life, and his right to elevate socially.
• Fair people has the right for healthy lifestyle.
• Provide him with places to sleep, eat medicine and education.
• Every equal person has the right to work.