Introduction to human rights – part one

Reminder: W101 is an introductory course to law. It is designed to introduce legal concepts to students who are entering law for the first time and it does not delve deeply into any single topic at this stage.

Unit 9 deals with human rights.

Learning outcomes

After studying this unit you should be able to:

• discuss the legal foundations of human rights
• explain the different sources of human rights
• demonstrate a basic understanding of the European Convention on Human Rights 1950
• demonstrate a basic understanding of the Human Rights Act 1998
• explain the relationship between the Human Rights Act 1998 and the European Convention on Human Rights 1950
• explain how rights are enforced at different levels.

(c) The Open University.

You may often hear people speaking about their "human rights". What do they mean by this? Would it surprise you to know that often, the people who speak about their human rights, and who argue on grounds of human rights, do not often understand what is a right? Next time someone is in an argument with you, and says something like, "I have a right to…" or "That is against my human rights…", ask the question, "What is a right?" and watch how they fumble for an answer. Hopefully, you will better understand human rights after reading about it here, and be able to explain.

Human rights are very difficult to define. It is easier to recognise a human right, than to say what it is. W101 does not define a right, but rather introduces the concept of human rights by looking at where and how they arise. Before we proceed, let us look at some human rights that may be familiar to you. Keep them in mind as you read along, and see whether or not you can determine when the right was first recognised.

• right to life
• right to education
• freedom of expression
• freedom of assembly and association
• freedom of thought, conscience and religion
• right to marry
• right to respect for your private and family life and home correspondence
• right to free elections
• right to liberty and security
• prohibition against slavery or forced labour
• prohibition against torture
• prohibition against discrimination
• right to a fair trial.

(C) The Open University

Human rights have been recognised historically by philosophers and rulers for centuries. Socrates and Plato have contributed toward recognising human rights by their writings. Chances are you have also heard of the Magna Carta. These are just examples of where rights were recognised within our human history. Just to be clear, it is extremely difficult to pinpoint when in history, human rights were first recognised. It is easier to think of it as an ongoing, developing process. Keep in mind too that the source of human rights is often steeped in controversy.

Modern human rights started after the Second World War. In an effort to avoid the horrors that the war brought about, the United Nations adopted the Universal Declaration of Human Rights (UDHR) on 10 December 1948.

Point to note: human rights apply to everyone! It is a very difficult concept for people to understand and accept that murderers, terrorists, paedophiles and the worst criminals do have the same rights as everyone else.

Human rights are very complex, a combination of natural and legal rights. Natural rights are described as those that we have because we are human, and legal rights are those laid out in law. We have rights that are derived from religious sources, philosophy, et cetera.

To be continued…