Lesson 2: Human Rights in Regional and National Context

FOURAH BAY COLLEGE - USL.

LLM YEAR 1

FACULTY OF LAW.

HUMAN RIGHTS IN REGIONAL AND NATIONAL CONTEXT.

Human Rights Stories can be traced of Emmanuel Carta 1215, the Great Charter, the petition of Right 1258, Pre - document Sent to King Charles1. And Sir Edward Cole-that no tax can be levied on the citizens without the consent of Parliament.

The Magna Carta

(Great Charter) of 1215 is one of the earliest and most important constitutional documents in history.

Main significance:

• It limited the absolute power of the king.
• It established the principle that the king is subject to the law.
• It protected people from arbitrary actions by the monarch.

Important principles from this document included:

• Protection of property rights
• Fair legal procedures
• The early concept of rule of law
• The Petition of Right

This document was issued by the English Parliament and presented to King

Charles I.

It reinforced civil liberties and placed further limits on the monarchy.

Key principles included:

• No taxation without Parliament’s consent
• No imprisonment without lawful cause
• No forced quartering of soldiers in private homes
• No use of martial law during peacetime

This document strengthened the idea that government power must respect the rights of citizens.

The English Bill of Rights

This document was enacted by the British Parliament after the Glorious Revolution.

It established important constitutional principles:

• Parliamentary supremacy over the monarchy
• Protection of civil liberties
• Freedom from excessive fines and cruel punishments
• Regular parliaments and free elections

This document became a major foundation for modern constitutional democracy.

The United States Declaration of Independence

This document marked the independence of the American colonies from Britain.

It introduced powerful human rights principles such as:

• The right to life
• The right to liberty
• The pursuit of happiness

It also declared that governments derive their powers from the consent of the governed.

The Declaration of the Rights of Man and of the Citizen

This was adopted during the French Revolution.

It emphasized universal human rights, including:

• Equality before the law
• Freedom of speech
• Freedom of religion
• Popular sovereignty

It also affirmed that sovereignty belongs to the people, not the king.

The Domino Effect of Human Rights Development

The lecturer described this as a “domino effect.”

Meaning:

• The Magna Carta limited royal power.
• The Petition of Right expanded civil liberties.
• The English Bill of Rights established parliamentary supremacy.
• The American and French declarations spread human rights principles worldwide.
• These developments gradually shaped the modern understanding of human rights.

Key idea

Human rights did not appear suddenly; they developed over centuries through struggles against absolute power and the demand for liberty, equality, and justice.

The Declaration of the Rights of Man and of the Citizen (France, 1789/1799)

Emphasized liberty, equality, and resistance to oppression.

Recognized that all individuals have rights to life and freedom.

Shifted power from the monarchy to the people (bourgeoisie influence).

Formed the foundation for modern civil liberties and inspired future democratic constitutions.

American Documents

Declaration of Independence (1776)

Declared independence from Britain.

Established the rights to life, liberty, and the pursuit of happiness.

Introduced the idea that government derives authority from the consent of the governed.

U.S. Constitution (1787) & Bill of Rights (1791)

Constitution: Framework for government structure and jurisdiction.

Bill of Rights: Guaranteed fundamental rights like freedom of speech, religion, and legal protections.

These documents were landmark contributions to human rights and constitutional law globally.

Impact of the French Revolution

The French Revolution reinforced civil liberties and equality principles.

Encouraged other nations to reconsider the role of citizens versus central authority.

Created momentum for international human rights thinking.