Human Rights
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An Introduction to Human Rights: From Magna Carta to Modern Day
Human rights are the basic rights and freedoms that belong to every person simply because they are human. Today, we expect things such as the right to fair trials, freedom of expression, and protection from discrimination, but these rights and freedoms have developed slowly over many centuries.
This blog is an introduction to human rights and will guide you through the key moments in the development of human rights, from the Magna Carta 1215 all the way to the Human Rights Act 1998, and we will explain the most important Articles of the European Convention on Human Rights.
What Are Human Rights?
Human rights are the basic freedoms and protections that every person is entitled to simply because they are human. Human rights are universal, this means that every person has them, no matter of their age, background, nationality or beliefs. Human rights are also inalienable; this means that they cannot be taken away from someone unless the law allows it in very specific and carefully controlled situations. Human rights are indivisible, this means that all rights matter equally and you cannot say that one right is more important than another, because they all work together to protect people’s freedom and dignity. These rights are also owed by the State, this means that governments and public bodies have a duty to respect and uphold people’s rights, protect them from harm, and make sure that laws and policies do not unfairly interfere with people’s freedoms. Some human rights are absolute, like the ban on torture, and this means they can never be restricted under any circumstances. Other rights are limited this means that these rights that can be restricted only in specific circumstances that are clearly set out in the law. Finally, there are Qualified rights, these are rights that can be restricted when necessary for reasons like protecting public safety, national security, or the rights of others, as long as the restriction is lawful and proportionate.
The Historical Development of Human Rights.
Human rights in the UK have developed over hundreds of years through major events, conflicts and legal documents. Below is the key timeline to understand.
1215: The Magna Carta
The Magna Carta was a charter signed by King John that limited the power of the monarchy. It established early principles that laid the foundations for human rights, including:
No one is above the law
The right to a fair trial
Protection from unlawful imprisonment
Access to justice
Although it originally aimed to resolve political disputes, it later became a powerful symbol of liberty.
1641: Trial by Jury Confirmed
Parliament reaffirmed that no person could be punished except by the lawful judgment of their peers or by the law of the land. This strengthened the principle of trial by jury, helping to protect individuals from arbitrary punishment. This can be linked to the modern Article 6.
1679: Habeas Corpus
Habeas Corpus protected individuals from unlawful detention. It required that anyone who is arrested must be brought before a judge so the court can decide whether the detention is lawful. This principle still forms part of modern rights relating to liberty and protecting against unlawful detention.
1689: The Bill of Rights
The Bill of Rights established essential civil liberties, including:
Free elections
Frequent parliaments
Freedom of speech within Parliament
Limits on the power of the monarchy
Protection from excessive bail, fines or punishments
This document helped shape the UK’s constitutional arrangements and influenced democratic systems around the world.
1781 -1791: The U.S. Constitution and the Bill of Rights
The American Constitution and its Bill of Rights were heavily influenced by earlier British ideas. They established rights such as free speech, freedom of religion, and due process. These ideas later influenced international human rights protections.
1918: Votes for Women
Women gained the right to vote, helping to advance gender equality and shaping modern human rights protections for women.
1945-1948: The Universal Declaration of Human Rights
After the Second World War, the United Nations was created to promote peace and prevent future conflict. The Universal Declaration of Human Rights followed in 1948. It set out 30 rights that all humans should have, including the right to life, freedom from torture, and the right to education.
The Universal Declaration of Human Rights was not binding but it has inspired the development of legally binding human rights laws across the world.
1950: The European Convention on Human Rights
To make rights legally enforceable, the European Convention on Human Rights was created. It came into force in 1953 and included a set of Articles that protect fundamental rights such as:
Article 2 - Right to Life: This protects everyone’s life. Public authorities must safeguard life where possible.
Article 3 - Prohibition of Torture: This is an absolute right. No torture or inhuman or degrading treatment is ever permitted.
Article 5 - Right to Liberty and Security: This protects individuals against unlawful detention. People can only be detained for specific lawful reasons.
Article 6 - Right to a Fair Trial: This ensures that individuals have a fair and public hearing by an independent and impartial tribunal.
Article 8 - Respect for Private and Family Life: This covers privacy, relationships, home life, and personal autonomy. This is a qualified right.
Article 10 - Freedom of Expression: This covers the right to hold opinions and share ideas. It may be restricted in certain circumstances.
Article 11 - Freedom of Assembly and Association: This protects the right to protest, join groups, and form associations.
The Convention requires states to both avoid interfering with rights and take positive steps to protect them.
1959 - The European Court of Human Rights
The European Court of Human Rights was established to allow individuals to challenge violations of their human rights. People can bring cases to the European Court of Human Rights once they have used/exhausted all possible legal remedies in their own country. The European Court of Human Rights can rule that a State has breached the Convention and may award compensation.
1998 - The Human Rights Act
Before 2000, citizens of the UK could not challenge infringements of their human rights in domestic courts (UK Courts). They had to take their case all the way to the European Court of Human Rights, which was expensive and slow.
The Human Rights Act 1998 changed this by:
Incorporating the European Convention on Human Rights into UK law.
Requiring all public bodies to act compatibly with human rights.
Allowing UK courts to hear human rights cases directly.
Allowing courts to issue a Declaration of Incompatibility if a law cannot be interpreted in line with the European Convention on Human Rights.
This made human rights more accessible and strengthened the protection of rights in everyday situations.
Why Do Human Rights Matter Today?
Human rights shape modern law, politics, and government decision-making. They:
Protect individuals from abuses of power.
Ensure fairness within the justice system.
Help balance individual freedoms with public safety.
Support democracy, equality, and the rule of law.
Understanding where these rights come from is essential for studying law and for understanding debates about human rights in the UK today.
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