The Wrongs that Made Rights Possible: From Rights to Human Rights
The concept of human rights has undergone a profound transformation over centuries, evolving from the notion of rights granted by royal decree and national constitutions to the declaration of universal rights most of which were eventually enshrined in international law in the form of treaties and conventions. This transition reflects both humanity’s growing understanding of inherent human dignity and the egregious abuse that forced human beings to aspire to do better. The journey from citizen or subject rights to universal human rights has been shaped by historical events, philosophical thought, and the need to address egregious atrocities that have occurred throughout human’s existence.
Historically, rights were often tied to subjecthood or citizenship within a specific country or nation-state. In ancient civilizations, such as Greece and Rome, rights were granted to citizens but excluded slaves, women, and foreigners. Similarly, in feudal Europe, rights were hierarchical, with monarchs and nobility enjoying privileges denied to most of the population. From ancient royal decrees, like the one that produced the code of Hammurabi (1754 BCE) to the Magna Carta (1215 CE) and the English Bill of Rights (1689 CE) marked early steps toward limiting arbitrary power and recognizing certain rights, but these were still confined to specific groups within a kingdom or a country.
Spurred by the abuses at the hands of the Crown and Cross, thinkers of the Western world educated themselves about the achievements of ancient civilizations during the Renaissance and began to emerge out of the Dark Ages. The Enlightenment era in the 17th and 18th centuries brought a seismic shift in thinking. Philosophers like John Locke, Jean-Jacques Rousseau, and Immanuel Kant argued that rights were not granted by rulers or religious leaders but were inherent to all human beings. These ideas influenced revolutionary movements, such as the American Revolution (1776 CE) and the French Revolution (1789 CE), which produced foundational documents like the U.S. Declaration of Independence and the French Declaration of the Rights of Man and of the Citizen. These declarations emphasized individual liberties and equality, but their application was still largely limited to citizens of those nations.
The invasions of distant lands and the colonization of indigenous communities in African, Asia and the Americas exposed the exploitative and abusive nature of colonialism. Within Europe, the horrors of the 20th century, particularly the two World Wars, whose effects spilled over beyond national borders, exposed the limitations of national rights frameworks and the need for a universal approach to human rights. The atrocities committed during these conflicts—genocide, mass killings, forced labor, and systemic oppression—highlighted the dangers of unchecked state power and the absence of international accountability.
The genocide of social groups at the hands of nationalist and fascist regimes in Europe, along with the persecution of marginalized social groups such as Romani people, disabled individuals, and political dissidents, shocked the global conscience. It became clear that the protection of human rights could no longer be left solely to individual nations. The international community recognized the need for a universal framework to prevent such atrocities from recurring.
In response to these abuses, the United Nations adopted the Universal Declaration of Human Rights (UDHR) on December 10, 1948. Drafted by representatives from diverse legal and cultural backgrounds, the UDHR was the first global expression of rights to which all human beings are inherently entitled—not just citizens and subjects of nation-states. It proclaimed that “all human beings are born free and equal in dignity and rights” and established a common standard of achievement for all peoples and nations.
The UDHR encompasses civil, political, economic, social, and cultural rights, including the right to life, liberty, and security; freedom from torture and slavery; the right to education; and the right to participate in government. While not legally binding, the UDHR has inspired numerous international treaties and conventions, such as the International Covenant on Civil and Political Rights (1966) and the International Covenant on Economic, Social, and Cultural Rights (1966), which together form the International Bill of Human Rights.
Egregious Human Rights Abuses That Shaped the UDHR
Colonialism and Imperialism: The exploitation, oppression, and dehumanization of colonized peoples highlighted the importance of self-determination and equality.
Slavery and Forced Labor: The transatlantic slave trade and the use of forced labor in totalitarian regimes demonstrated the necessity of abolishing slavery in all its forms.
War Crimes and Crimes Against Humanity: The widespread atrocities committed during World War II, including the Rape of Nanking and the use of atomic bombs, revealed the catastrophic consequences of unchecked militarism and the importance of protecting civilians during conflicts.
While the UDHR and subsequent treaties have established a robust framework for human rights, challenges remain. Powerful nation-states continue to commit crimes of aggression invading and occupying vulnerable countries, authoritarian regimes, armed conflicts, and systemic inequities continue to violate human rights worldwide.
However, the international community has made significant strides in holding perpetrators accountable through mechanisms like international tribunals, the newly established International Criminal Court (ICC), and regional human rights courts.
The transition from national rights to universal rights represents a profound acknowledgment of our shared humanity. It reflects the belief that every individual, regardless of their nationality or status, is entitled to certain fundamental rights. As we continue to confront new challenges, such as climate change, digital privacy, and global inequity, the principles enshrined in ancient traditions and recent declarations continue to inspire people to build a more just and equitable world.
The transition from national rights to universal rights reflects humanity’s recognition that basic freedoms should not be contingent on citizenship, ethnicity, or geography. The UDHR and subsequent international human rights treaties have sought to create a global standard that prevents atrocities and promotes dignity for all. While challenges remain in enforcing these rights, the shift toward universal human rights remains one of the most significant legal and moral advancements of modern civilization.