*

The History, General

Nature and Definition of
Human Rights
* Historical Evolution of Human Rights

a.) Older Precedents

The struggle to limit political power is as old as the
history of human kind. But it would not be until the Low
Middle Ages that limits to power would be expressed in
binding commitment. Thus, in the 12th Century Spain, with
the Magna Carta for the Kingdom of Leon(1188), and in the
early 13th Century with the British Magna Carta (1215) the
growing power of central Kings was prevented from being
arbitrarily used against their subjects, through the
enshrinement of due process of law and home privacy
rights. Much later, in 1689, the King of England was forced
to agree to the British Bill of Rights as a condition to
occupy the throne.
*b.) Rational or Philosophical Justification of
Human Rights

In the late the 17th Century the British

Philosopher John Locke argued in favor of
restricting the royal power, defending the
religious tolerance and the protection of the
natural rights to property. French political
philosopher of the 18th Century, such as
Montesquieu, Rousseau, defended the division of
the States’ functions in order to limit power.
During the same period, German philosopher,
Emmanuel Kant made the case for bestowing
rights to all rational beings, in recognition of
their natural dignity.
*c.) Liberal Revolution and the Inclusion of Human
Rights in the Law
On the political front, Liberal Revolution during
the late 18th Century also bolstered the cause of the
protection of an individual rights. Thus, after the
success of the Unites States Revolution, the first set
of amendments to the American Constitution in
1791, came in the shape of Bill of Rights.
Shortly after that, at the outset of the French
Revolution, the Declaration of the Rights Man and of
the Citizen was issued by the revolutionaries in
power. This trend is known as the positivization of
human rights, that is, their translation to human-
made law.
* d.) Generalization
Since the liberal revolutions of the late 18th Century were
inspired by rationalism, individuals rights meant that all
human beings were supposed to be entitled to them,
including slaves and women, who had been traditionally
excluded from full citizenship. Therefore, since the 19th
Century human rights were progressively recognized for all
people.

* e.) Expansion
* By the mid 19th Century, it was clear in Europe that the
rights enshrined after the liberal revolutions would not
suffice. Those rights referred to the limitation of power and
the protection of the individual in its most intimate sphere.
They also dealt with the participation of the individual in the
social, economic and political life of the community,
including the right to elect public officials
and representatives and to run for public office.

f.) Internationalization
Although since the time of the Enlightenment
rationalism had made the case for the expansion of
rights to rational beings, it was only in 1948, after the
Second World War, that the international community
proclaimed the Universal Declaration of Human Rights.
Thereafter, many international human rights documents
have been produced. Historically, it was the awareness
of the universal vulnerability of humankind vis-à-vis the
horrors of warfare, rather than a shared rationality, the
reason which elevated human rights to an international
dimension.
*United Nations’ Definition
* Human Rights are generally defined as those
rights, which are inherent in our nature, and
without which, we cannot live as human beings.

*Philippine Commission on Human Rights’

Definition
* Human Rights are supreme, inherent and
inalienable right to life, dignity and self-
development. It is the essence of these rights
that makes man human.
* In terms of historical development, human rights are
classified as:
* FIRST GENERATION OF HUMAN RIGHTS
* (example of these rights are right to life, liberty and
security of person; right against torture; right to equal
protection against discrimination)
* SECOND GENERATION OF HUMAN RIGHTS
* (example of these rights are right to work; right to social
security; right to form and trade unions)
* THIRD GENERATION OF HUMAN RIGHTS
* (example of these rights are right to peace, right to
development, environmental rights, right to self
determination)
The basic characteristics of Human Rights
are:
• Inherent
• Inalienable
• Universal

According to source:
 Natural Rights
 Constitutional Rights
 Statutory Rights
*Principles of Human Rights

*Universality
*Indivisibility
*Interdependence

___END