Saturday, January 9, 2010


The history of human right, sourced from basic right theory, was the binding right only as people. Sourcing this right was not from regulation, but from the God Almighty, if people did not have this right people could not be life well as human beings. This right was implemented universally without discrimination based on religion, race, nationality, sex, color and others. This right was not revoked by whoever and whenever if the right holder still alive (Rhona KM Smith).

Human right must be guaranteed and implemented by authority as executive power by laying down detailed regulation dealing with human right. To equalize implementation it universally, needs international regulation.

Before United Declaration of Human Right (UDHR) exist, there are previous document as starting point of making UDHR as follow :

1. MAGNA CHARTA, 1912.

The great charter, or the “Charter of Liberties of The English People” as it was called, was a careful revision and reproduction of the old anglo saxon principles and tenets of government which had been suppressed by the norman conquerors and their immediate successors, and my be considered the most important instrument of english constitutional history.

King John by his continual extorsions of money and violation of feudal customs had aroused the anger of not only the nobility but the knights and townspeople to the point of rebellion. The lower classes such as serf and artisans, were not actively rebellious, but, though the uprising of 1213-1215 was dominated by barons, it was in a sense a national reaction. King John, compelled by superior force to enter into parleys with the barons at Runnymede. On June 15, 1512, after numerous attempts at evasion, King John placed his seal upon the preliminary draft of demands presented to him by the barons.

The resulting document was put fourth in the form of charter granted by the King. The original charter, in latin, is a relatively brief document of some 70 clauses, many of which were if only transient significance.

The charter contains provisions guaranteeing the freedom of church and the customs of town. It implies that there are law protecting the rights of the King’s subject which the King is required to guarantee of trial by jury and habeas corpus, the later interpretations of original charter grants. (Masyhur Effendi : 2005)


The Petition of Right drafted in1628 by Edward Coke, one of the greatest components of English Legal System. The petition was sent by the English Parliament to Charles I as refusal parliamnet to finance the King’s foreign policy had caused his government to impose illegal taxes and the quartering of troops in citizens houses as economy measures.

The Petition of Right is based on upon earlier charters and statues securing recognition of four basic principle: taxes may be not levied without the consent of parliament; no person could be imprisoned for refusing to make payments which had not been legally established by parliament; no person could be imprisoned for any offense without cause and without an opportunity to answer the charge; soldiers and marines could not be housed in the homes of the citizenry and martial law may not be used in time of peace. The Petition of Right remains as one of the landmarks of British freedom. (Masyhur Effendi : 2005)

3. BILL OF RIGHT, 1689.

The complete name of Bill of Right is An Act Declaring The Right And Liberties of The Subject And Setting The Succession Of The Crown. This declaration is parliament’s struggle to the government of Kings Wangsa Stuart that abused their authority in the age 17. This instrument legallized after Kings James II forced abdicated, William III and Marry II Crown, be glorius revolution 1688 (Scott Davidson, 1994 : 2).

The contains of this instrument was very important because it tried to change from monarchy-absolute government to legal constitution by parliament. Bill of Right stated that :

  1. Prohibition of over money guarantees.
  2. Prohibition of over fine.
  3. Prohibition of cruel punishment.
  4. The members of jury must be elected and reported legally.
  5. All of giving and agreements dealing with fine and compensation toward certain person is not legal and invalid before punishment..


Intrest in The Act of Settlement passed by the English Parliament in 1701 rests in its similarity to the American Bill of Right. The act provided that if William III and Princess Anne, later Quen Anne, sould die without heirs, the throne of England should pass to Sophia, granddoughter of James I. there were also requirements that the King must join in communion with church of England and that he might not leave the country without parliamentary consent. Foreign-born kings were not to use English armies in defense of foreign soil without the parliament’s consent. It further provided that no pensioners or appointee of the king should sit in the house of commons.( Masyhur Effendi : 2005 :228)


The Declaration of Independence contains spesific freedoms that must be protected, free from state’s affairs. This freedoms, like freedom of press, freedom of praying, and has principle that someone’s freedom could not be revoked except based on local ordinance, or local society consent. The draft of this declaration was influenced by Virginia Declaration on June 10, 1776 (Scott Davidson, 1994 : 5).

On June 10, 1776, a committee was appointed to prepare a Declaration of Independence; the committee consisted of Jefferson, John Adams, franklin, Sherman and R.R livingston. This committee brought in its draft on the 28th of June and on the 22nd of July a resolution declaring independence was adopted. On July 4th, The Declaration of Independence was agreed to, signed by Hancock and sent to the legislatures of the states.( Masyhur Effendi : 2005 :228)


Declaration of The Right of Man as a result of French Revolution which influenced by United States’ Revolution, changed absolute government to democratic government as a purpose. Declaration of the Right of Man stated that the sovereignty of country had to be handled by society, so the government runned by society and the purpose for society as well. Every government program had to be according to society.

This declaration drafted by Seiyes and adopted by the French Constituent Assembly on August 26, 1789, the declaration is a fundamental document in French constitutional history. It was embodied in the French constitution of 1791 as a preambule.

The declaration based on the theory of JJ Rousseau and the American Declaration of Independence and asserted the equality of men and the sovereignty of the people with whom the law should rest. It also provided for responsibility of officials to the people and financial control. Its effect in nineteenth century was in calculable (Masyhur Effendi : 2005 : 230).

7. BILL OF RIGHT, 1791.

Bill of Right adopted by United States of America in 1791, this declaration contains guarantee of individual right. Individual right listed by several amendments of United States Constitution. The most populer amendment, first amendment, that protected freedom of religion , freedom of press, freedom of speech, right of social group. Fourth amendment was about individual protection of unreasonable frisk and arrest, fifeth amendment about the right of legal procedure, and the next constitution amendment expanded the Bill of Right, 13th amendment, prohibited slavery (Scoot Davidson : 1994: 5).


On July 13, 1862, President Abraham Lincoln mentioned his planed of issuing an edict freeing the slave to Gideon Welles, a number of the cabinet, and secretary of state William H Seward, but acquiesced to Seward’s suggestion to wait until after a union victory in the war going on between states. The antietam campaign presented just such an opportunity, and consequently on September 22, 1862, after reading a second draft of his edict, Lincoln issued a preliminary proclamation with stated that emancipation for the slaves would become effective on January 1, 1863. This was to be effective in tose states “in rebellion” which had not laid down their arms by that date.

On January 1, 1863, the President, by virtue of his power as commander in chief, declared free all those slaves who were held in territory which was in rebellion against the union. The Emancipation Proclamation was chiefly a document of policy which, it was hoped, would provide the beginning of the end to the South’s manpower reserve. It was also aimed at impressing the Europeans, especially the British, which to some extentit did. (Masyhur Effendi : 2005 : 229).


Passed in 1886 over President Johnson’s veto, the Civil Right Act was an attempt to give Negroes such common freedoms as the right to sue, to give evidence and to hold real and personal property. The act was special important also because of the Dred Scott’s decision, which had decided that Negroes were not citizens.

The first act, which passed over Johnson’s veto because He felt it was premature and perhaps unconstitutional, was re-enacted in 1870 only after the passage of the fourteenth amendment.

The third Civil Right Act attempted to still further guarantee the social right which had remained with held from the Negro. It penalized proprietors of public establishments, railroads and other transportation owners for discriminating against the Negro in accomodations. Unfortunately, this act was largerly voided by the Supreme Court decision in 1883 in civil right cases on the ground that these were not civil or property right and so not the concern of federal legislation. Consequently, the civil right issue was left open and most states subsequently passed legislation pertaining to civil right law. (Masyhur Effendi : 2005 : 229)

The all listed documents above is previous document or the history of human right as a starting point of making Universal Declaration of Human Right. At the end, Universal Declaration of Human Right declared in 1948 by United Nations, then this declaration has two added protocol, International Covenant on Civil And Political Right and International Covenant on Economic, Social, and Cultural Rights. Both protocols entried into force on the 3rd of January 1976.