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