The idea that people have inalienable rights is rooted in many cultures and ancient traditions. Numerous examples of revered rulers and the most important collections of laws from human history show us that the values embodied in human rights are neither a “Western invention” nor a 20th century invention. They were a response to universal human needs and to the demands and quest for justice. Every human community has had its own ideals and systems of justice, which have survived as traditions, oral or written, although not all of these traditions survive today.
Ancient History
King Hammurabi’s Code of Laws (Iraq, circa 2000 B.C.) was the first written code of laws established by this ruler of Babylon. It vowed to “rule the kingdom justly, to exterminate the wicked and cruel, not to allow the strong to oppress the weak, … to enlighten the country, and to promote the welfare of the people.
The words of the ancient Egyptian pharaoh (about 2000 B.C.) are quoted as instructing his subordinates: “When a petitioner comes from the Upper or Lower Nile, make sure that everything goes according to law, that the custom is followed and the rights of every person are respected.
The Charter of Cyrus (Iran, circa 539 B.C.) was drawn up by King Cyrus of Persia for the people of his country. The charter recognized the right of the people to liberty and security, religious tolerance, freedom of movement, freedom from slavery, and certain social and economic rights.
The teachings of Confucius (about 500 B.C.) are based on the concept of ren, the main idea of which is compassion and love for others. Confucius said: “Do not wish for others what you do not wish for yourself.” The Chinese expert on Confucianism, Dr. Peng Chang, who took an active part in the drafting of the UDHR (see section 5.6.1 below), believed that Confucius’ teachings were the basis of the idea of human rights protection.
Imam Ali ibn al-Hussein wrote his “Epistle of Rights” in the early eighth century A.D. To our knowledge, this letter is the first documentary evidence of how human rights were treated in that era, and it was the first attempt at a positive, rather than negative, approach to the concept of human rights. In methodological terms, this epistle provides a list of 50 such human rights, and in spirit they reflect the views of early Islam.
The Mande Charter or Kurukan Fuga (1236 A.D.) systematizes the oral forms of West African traditions and advocates principles such as decentralization, environmental protection, human rights, and cultural diversity.
The African view of the world, denoted by the Zulu word “ubuntu” (humanity), captures the very essence of humanism. This notion beautifully emphasizes the importance of respect for all community members, hospitality, and generosity. The expression “one becomes human in the community of others” best captures the content of the word “ubuntu,” and this concept as a whole is directly related to human rights. If we become human beings in human society, then by depriving others of their right to be human, we ourselves cease to be human. That is why it is so important and necessary to stand up for the rights of others, to forgive and be forgiven, and to respect the rights of others.
In 1215, the English nobility and the clergy, by adopting the Magna Carta, forced the King of England to rule by law. The Charter protected mainly the rights of a privileged class (the nobility), so we are not talking about human rights as such here. But the charter became a document that people often cited to protect their freedoms because it limited royal power and recognized people’s freedoms and rights.
The Bill of Rights is what people are entitled to, in general and in particular, against the wishes of any government on earth; it is something that no just government can deny.
Thomas Jefferson, 1787
In 1689 the English Parliament passed a law declaring that it would no longer tolerate royal interference in its affairs. This document, known as the Bill of Rights, forbade the monarch to suspend laws without the consent of parliament, stipulated the free election of members of parliament, and declared that freedom of speech in parliament could not be challenged in the courts or elsewhere.
In 1789 the French overthrew the monarchy in their country and established the first French Republic. The French Declaration of the Rights of Man and the Citizen was born of the Revolution and was written by members of the clergy, nobility, and ordinary citizens, who thus implemented the ideas of prominent Enlighteners such as Voltaire, Montesquieu, the Encyclopedists, and Rousseau. The Declaration sharply criticized the political and legal system of the monarchy, and defined “liberty, property, security, and resistance to oppression” as natural human rights. The Declaration replaced the system of aristocratic privileges that had existed under the monarchy with the principle of equality before the law.