Development of Human Rights (Edexcel GCSE Citizenship Studies): Revision Note

The Magna Carta

• In 1215 the Magna Carta laid the foundations of basic legal rights, including

  • The right to a fair trial

  • The right to a trial by jury

  • Protection from unlawful arrest

The UN Universal Declaration on Human Rights

• Human rights are basic freedoms and protections that everyone is entitled to so they can live with dignity, fairness and freedom

• The Universal Declaration of Human Rights was agreed by the United Nations in 1948

  • It is the key document regarding the development of human rights

  • It comprises 30 ‘articles’ or sections

  • In short, all states have a duty, regardless of their political, economic and cultural systems, to promote and protect all human rights for everyone without discrimination

The 30 articles of the UNDHR

• Although the UNDHR is not legally binding, the protection of the rights and freedoms it sets out have been incorporated into many national constitutions and legal frameworks

The European Convention on Human Rights

• The European Convention on Human Rights  and Fundamental Freedoms (ECHR) was drafted in 1950 by the Council of Europe

  • The UK played a key role in drafting the original document

  • The Convention has been updated from time to time

• Its articles are enforced by the European Court of Human Rights, which meets in Strasbourg, France

  • Judges come from member countries and sit as a multinational panel when deciding cases

  • Its judgments are binding on member states

• Citizens in the UK can take cases to the Court after they have exhausted all avenues via UK courts

• The ECHR is currently politically contentious in the UK

  • Some political parties want the UK to leave the Convention, as they feel it limits the power of the UK government to take certain actions

Articles of the ECHR

• The UK has also agreed to the abolition of the death penalty in all circumstances and the following additions:

  • The right to free enjoyment of property

  • The right to education

  • The right to free and fair elections

The United Nations Convention on the Rights of the Child

• The UN Convention on the Rights of the Child was agreed in 1990

  • It was adopted into UK law in 1992

  • It is made up of 54 articles or sections

A selection of articles in the UN Convention on the Rights of the Child

The Human Rights Act 1998

• The Human Rights Act 1998 made the ECHR a formal part of UK law

  • This allows UK courts to deal with issues that before they had to refer to the Strasbourg Court

  • UK courts and public bodies have to abide by decisions and rulings made by the ECHR 

  • Any new UK law proposed must not contravene any section of the Convention