Human Rights: History, Violations, and Women’s Rights
Human Rights
Iusnaturalism
Iusnaturalism is the legal doctrine that interprets the law based on the existence of natural rights. Iusnaturalists defend the existence of a natural right prior to any positive law, constituted by principles of justice required by human nature, and preceding any rights issued by a legislative power.
Characteristics of Natural Law
- Immutable: Contrary to positive law, the rules of natural law are not variable. While authorities change and states enact new laws or repeal earlier ones, natural law remains constant.
- Core: Natural law is the foundation of positive law, also serving as its limit. No rule of positive law should transgress natural law.
- Universal: Natural law must be followed by all mankind, as opposed to positive law, which only applies to those under the dictates of a specific authority.
Antecedents of Human Rights
In the late 18th century, two declarations of rights were approved. One was written by Virginia citizens who revolted against the King of England, and the other by the constituent assembly that emerged during the French Revolution. Both are antecedents of the Universal Declaration of Human Rights in 1948.
Both the citizens of Virginia and the members of the constituent assembly based their declarations on natural law. They were aware that they were not creating new rules but simply stating natural rights that already existed, based on the nature of human beings.
Law
Law is the ability to act, choose, or abstain that a person possesses.
Human Rights
Human rights are those that all human beings possess by virtue of simply being human. They are unique to human dignity and are necessary for personality development (e.g., the right to life, liberty). They cannot be bought or earned, and no person or institution can be deprived of them for any reason.
Violation of Human Rights
Although most states in the world belong to the UN, many of them violate the human rights enshrined in the Universal Declaration adopted by the agency in 1948. In the world, there are wars, child soldiers, refugees, prisoners of conscience, hunger, extreme poverty, lack of sanitation, housing, education, etc.
Human Rights Milestones
- 1776: The United States Declaration of Independence collected equal rights for all citizens.
- 1789: During the French Revolution, the Declaration of the Rights of Man and of the Citizen was created, gathering rights such as freedom, property, equality, etc.
The Conquest of Women’s Rights
18th Century: The ideas of the Enlightenment, especially those of liberty and equality, changed women’s consciousness of their situation. In 1791, Olympe de Gouges wrote the Declaration of the Rights of Woman and of the Female Citizen, claiming rights such as liberty, property, etc.
19th Century: The suffragist movement was born in the USA and the UK. It demanded women’s rights, especially the right to vote, which was not achieved until the 20th century.
20th Century: Women, especially in the West, won important rights, many of them through the struggle of the feminist movement, which emerged in the second half of the century.
Gender Violence
- What is gender violence? Gender violence is that which is experienced by women in the family.
- In which countries is it a pattern? North America, parts of southern and central Africa.
- What are the causes? Economic disputes, among others.
- What situations are conducive to violence against women? Economic, cultural, and legal situations.
- What could be done about it? Raise awareness and educate the population on the equality of women and men.