Since ancient times, mankind has tried to develop a system of norms and values, the observance of which would ensure the development of society and justice. Various ideologies have been tried on the role of such a system in different societies throughout history.
Human rights - a system of social and legal norms governing the relationship of people in all spheres of life. Moreover, these norms apply both at the level of relations between two individuals, as well as entire social groups and even states.
The concept of law differs from religious or political in that it is not initially defined and unchanged. The philosophy and ideology of law appeared in ancient times and has undergone many changes since then. It continues to change so far in the course of public dialogue, expression and political decisions.
The emergence of the ideology of natural law
In the ancient era, philosophers such as Socrates, Aristotle and Plato expressed the idea that there is a certain number of inalienable rights inherent in every person from birth. According to Socrates, natural law proceeds from divine law and is opposed to the positive (positive) law that a person receives under the law from the state.
In the Middle Ages, with the spread of Christianity, Scripture was considered a source of natural law. And already in modern times, this concept began to be considered separately from Christian morality. The Dutch lawyer and statesman Hugo Grotius is considered the first to separate natural law from religious norms. Subsequently, rationalistic methods began to be used to determine natural law. Modern concepts of natural law have a scientific (sociological), Catholic or philosophical justification.
The emergence of the concept of human rights
The Renaissance and Reformation era in Europe was marked by the gradual disappearance of the feudal foundations and religious conservatism that reigned in the Middle Ages. It was during this period that the so-called secular ethics began to take shape, as opposed to religious.
As a result of the French Revolution, the Declaration of Human and Citizen Rights was adopted in 1789. It is in it that the term “human rights” first appears. In earlier documents - the American and English Bill of Rights, Magna Carta - other words were used. In addition, it became the first official document proclaiming the idea of equality before the law, which abolished the estate system. Subsequently, the provisions of the Declaration spread throughout the world, becoming the basis of the constitutional law of many countries.
Creation of international law institutions
On the one hand, the 20th century can be considered the era of the heyday of totalitarian regimes, mass oppression and extermination of people on national, religious, ideological grounds. However, it was these events that contributed to a breakthrough in the evolution of civil liberties and human rights.
The first international organization to protect them - the International Federation for Human Rights - appeared in 1922. On December 10, 1948, the UN approved the Universal Declaration of Human Rights. In 1950, the countries of the Council of Europe signed the European Convention for the Protection of Human Rights and Fundamental Freedoms and created the European Court of Human Rights.
Basic principles
The most important part of the ideology of law is the correlation and achievement of a consensus of the interests of the individual with the interests of society. To achieve this, there is a principle - the rights of one person end where the rights of another begin.
The second main provision is equality before the law for all. Regardless of national and religious affiliation, gender, origin. This means that discrimination on these grounds is prohibited, and everyone should be given equal opportunities to receive education, work and achieve wealth.
Finally, the supremacy of human interests over the interests of the state is proclaimed. That is, no violation or alienation of the individual’s rights for political purposes is allowed.
Majority and minority
The ideology and philosophy of human rights suggests that each person belongs to one or another minority, which in turn can be subjected to oppression and infringement of rights. History knows cases when people were discriminated against and exterminated not only on religious or national grounds, but also because of such things as left-handedness, outward signs or preferences in art.
A sociological minority is not necessarily a quantitative minority. The determining factor is that this group is not dominant. For example, men are quantitatively less than women, but socially they are the majority.
Therefore, international legal standards especially carefully protect the rights of social minorities.
Achieving Equality
Despite the fact that the French declaration was approved 230 years ago, the embodiment of the principle of equality has been stretched for all this time and continues to this day.
So, the abolition of slavery in different countries began only at the end of the 18th century, and ended at the end of the 19th. The equalization of women with men has also stretched for centuries. So, only in 1893 did women for the first time receive suffrage (in New Zealand). Today, developed countries prohibit discrimination based on gender. But despite equality in law, there are still social norms that place women below men.
Human rights classification
There are several categories of fundamental rights.
Personal rights ensure the very existence of a person and protect against state arbitrariness. These include the right to life, inviolability, freedom of movement, the right to asylum, the prohibition of forced labor (slavery), and freedom of conscience.
Social and economic rights are sometimes combined into one category. They are aimed at satisfying material and some spiritual needs. This, for example, the right to free labor and labor protection, housing, the right to social security, to medical care.
Political rights guarantee the participation of a person in the exercise of power in his country. Among them are the right to elect and be elected, freedom of assembly and alliance, freedom of speech and press.
Cultural rights affect the spiritual development of the individual. These include the right to education, freedom of science and creativity, freedom of teaching, freedom of language.
There are also environmental rights that oblige the state to take care of the environment. They are not basic and are not approved in all countries. First of all, this is the right to a favorable environment.
Some rights apply to several categories at once. For example, freedom of conscience is both personal and political law, and private property right is personal and economic.
The influence of law on the ideology of the state
The concept of human rights is the basis of a democratic society, which means that it is not compatible with authoritarian and totalitarian regimes. Nevertheless, many totalitarian states have a constitutional system based on democratic values and the ideology of law. Examples are modern Armenia, Venezuela, Russia, many African countries. Such regimes are called imitation democracies. It is noteworthy that it is in the Russian Constitution that environmental human rights are prescribed.
Rights Enforcement Mechanisms
As you know, the law does not know how to execute itself. Therefore, in order to realize its rights, society creates various social institutions. The media, open and fair elections, the principle of the separation of powers - all this is intended, among other things, to protect human rights.
However, the main tool for protecting rights is the person’s knowledge of his rights, his readiness to use them and, if necessary, to uphold them.