3F 2014

The achievement of human rights

(from the Great Charter to theUniversal Declaration

of Human Rights )

III FPRESENTED BY FRANCESCO CARELLO, LUCA COPPOLA, EMANUELE DE CICCO, ROBERTO FUSCO, LUCA LEMBO, LUIGI

PARLA

Magna Carta (Latin for Great Charter), also called Magna Carta Libertatum or The

Great Charter of the Liberties of England, is an Angevin charter originally issued in Latin. It was sealed under oath by King John at Runnymede, on the bank of the

River Thames near Windsor, England, on 15 June 1215.

Magna Carta was the first document imposed upon a King of England by a

group of his subjects, the feudal barons, in an attempt to limit his powers by law and

protect their rights.

Magna Carta was the first step for the affirmation of human rights .

Magna Carta most important clauses

Clause 39 is possibly the best known. It has never been rescinded and is immediately relevant to the present

government. It says that "No free man shall be seized or imprisoned, or stripped of his rights and possessions, or

outlawed or exiled, or deprived of his standing in any other way, nor will we proceed with force against him, or send others to do so, except by the lawful judgement of his equals or by the law of the land." When MPs try to block the Government's proposal to hold suspected

terrorists for up to 42 days without charges, they will be, in effect, upholding a piece of law signed by King John

792 years ago.

Clause 38 is almost as important. It said: "No official shall place a man on trial upon his own unsupported

statement, without producing credible witnesses to the truth of it." Most of the worst injustices in recent legal

history have occurred when people have been convicted on no real evidence other than confessions made under interrogation. Clause 40 promised to end the system by which rich offenders could simply buy their way out of trouble. For a medieval monarch to make promises like these, even with his fingers figuratively crossed, was an

extraordinary moment in history.

We have to wait a long time to see another important

document for the independence of the subjects by the King. In 1689 William of Orange approved the Bill of

Rights (that is still now some of the basic documents of the

uncodified British constitution). It established the freedom of

speech in Parliament and became a model for the new

liberal States that were born at that time…

The Bill of Rights laid out certain basic rights for all Englishmen. The Act stated that there should be:

• no royal interference with the law. Though the sovereign remains the fount of justice, he or she cannot unilaterally

establish new courts or act as a judge.• no taxation by Royal Preorogative. The agreement of the

parliament became necessary for the implementation of any new taxes

• freedom to petition the monarch without fear of retribution• no standing army may be maintained during a time of peace

without the consent of parliament.• no royal interference in the freedom of the people to have armsfor their own defence as suitable to their class and as allowed by law (simultaneously restoring rights previously

taken from Protestants by James II)•no royal interference in the election of members of Parliament

• the Freedom of speech and debates or proceedings in Parliament ought not to be impeached or questioned in any

court or place out of Parliament• "grants and promises of fines or forfeitures" before conviction

are void.• no excessive bail or "cruel and unusual" punishments may be

imposed.

In the first part of the 19th century the world was hit by

liberal revolutions; from France to the United States the kings had to allow constitutions to

their subjects. The conquest of freedom was next. Important

documents were: Declaration of Independence, Declaration of

Men and Citizens.

The Universal Declaration of Human Rights

The Universal Declaration of Human Rights is the last step of the freedom path. It was signed by the

World War Two winners and is the fondamental document of the United Nations.

This are some of the most important articles tha the declaration contains:

• All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood.

• Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as

race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. Furthermore, no distinction shall be made on the

basis of the political, jurisdictional or international status of the country or territory to which a person belongs, whether it be independent, trust, non-self-governing or under any other

limitation of sovereignty.• Everyone has the right to life, liberty and security of person.

• Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the

determination of his rights and obligations and of any criminal charge against him.