AC

examing human rights

The Universal Declaration of Human Rights (UDHR)

  • Signed: Paris, 1948

  • Leaders: Eleanor Roosevelt (Chair), John Humphrey (Canadian), René Cassin (French)

  • Purpose: Protect human dignity, liberty, equality, and brotherhood

  • Structure:

    • First two articles: dignity, liberty, equality, brotherhood

    • Following articles: individual rights, group rights, political, spiritual, economic, social, and cultural rights

    • Final articles: limits, duties, social and political order

  • Key Quote:


    "Human rights should be protected by the rule of law" to avoid rebellion against tyranny (Preamble)


The English Bill of Rights (1689)

  • Passed after: The Glorious Revolution (1688)

  • Signed by: William and Mary

  • Main Ideas:

    • Limits powers of the monarchy

    • Strengthens parliament (absolute authority)

    • Guarantees:

      • Freedom of speech in parliament

      • Regular democratic elections

      • Separation of powers

  • Influences:

    • Magna Carta

    • Petition of Rights

    • Habeas Corpus Act (1679)

    • Parliament Acts (1911 and 1949)

  • Impact: Basis for U.S. Bill of Rights; heavily influenced modern legal and human rights systems

The United States Bill of Rights

  • Adopted: 1791 (first 10 amendments to the U.S. Constitution)

  • Author: James Madison

  • Guarantees:

    • Freedom of religion, speech, press, assembly

    • Right to bear arms

    • Protection from unreasonable search/seizure

    • Right to fair trial, no double jeopardy

  • Incorporation: Applied to states through the 14th Amendment

  • Judicial Impact: Became vital for Supreme Court decisions in the 20th and 21st centuries

  • Note: 12 were proposed, 10 ratified at first; the 27th Amendment ratified 203 years later

The Canadian Charter of Rights and Freedoms

  • Enacted: April 17, 1982 (part of the Constitution Act, 1982)

  • Signed by: Queen Elizabeth II; major work by Prime Minister Pierre Trudeau

  • Guarantees:

    • Political and civil rights to all in Canada

    • Unified Canadians around common principles

  • Differences from 1960 Bill of Rights:

    • 1960 Bill was only a federal law, limited impact

    • Charter is constitutional and applies to all provinces and territories

  • Important Sections:

    • Section 1 (Limitations Clause):
      Rights can be limited if justified in a free and democratic society (e.g., hate speech laws).

    • Section 33 (Notwithstanding Clause):
      Governments can override certain rights for up to 5 years.

  • Quebec: Opposed the Charter but is still bound by it

  • Influence:

    • Sets Canadian legal precedents

    • Reflects international human rights (especially UDHR)

    • Upholds freedom, justice, and equality



Document

Date

Key Authors

Main Purpose

Main Rights

Influence

Key Sections/Clauses

Universal Declaration of Human Rights (UDHR)

1948

Eleanor Roosevelt, John Humphrey, René Cassin

Protect human dignity, liberty, equality, brotherhood

Dignity, Liberty, Equality, Brotherhood, Political, Social, Economic Rights

Basis for international human rights laws and charters

N/A (Universal Rights for all)

English Bill of Rights (1689)

1689

William and Mary (after the Glorious Revolution)

Limit the powers of the monarchy, strengthen parliament, guarantee freedoms

Freedom of speech, regular elections, separation of powers, freedom in Parliament

Influential in shaping modern democratic rights and laws

Limits monarchy, guarantees parliamentary powers, and freedom of speech

United States Bill of Rights (1791)

1791

James Madison

Guarantee individual freedoms and limit governmental power

Freedom of speech, religion, assembly, protection from unreasonable search, right to fair trial

Inspired modern U.S. and international human rights principles

Includes the 1st Amendment (freedom of speech, religion, assembly), 2nd (right to bear arms)

Canadian Charter of Rights and Freedoms (1982)

1982

Pierre Trudeau (Canadian Government)

Guarantee civil and political rights to Canadians, unify the nation around shared values

Freedom of speech, religion, assembly, mobility rights, legal rights, equality rights

Reflects the UDHR and builds on international human rights frameworks

Section 1 (Limitations Clause), Section 33 (Notwithstanding Clause)