A Magna Carta for All Humanity: Homing in on Human Rights

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The Magna Carta, sealed in 1215, has come to stand for the rule of law, curbs on executive power and the freedom to enjoy basic liberties. When the Universal Declaration of Human Rights was adopted by the United Nations in 1948, it was heralded as 'a Magna Carta for all human kind'. Yet in the year in which this medieval Charter’s 800th anniversary is widely celebrated, the future of the UK’s commitment to international human rights standards is in doubt. Are ‘universal values’ commendable as a benchmark by which to judge the rest of the world, but unacceptable when applied ‘at home’? Francesca Klug takes us on a journey through time, exploring such topics as ‘British values,’ ‘natural rights,’ ‘enlightenment values’ and ‘legal rights,’ to convey what is both distinctive and challenging about the ethic and practice of universal human rights. It is only through this prism, she argues, that the current debate on human rights protection in the UK can be understood. This book will be of interest to students of British Politics, Law, Human Rights and International Relations. Review 'If you read one book on rights this is it - a global citizen's guidebook to human rights, infused with the compassion and ethics which are the hallmark of Francesca Klug.' - Baroness Helena Kennedy QC 'Professor Francesca Klug, one of Britain’s most distinguished authorities, offers an intellectual and personal exploration of the Universal Declaration of 1948 and the very idea of human rights.' - Professor Philippe Sands, University College London 'This is an outstanding account of how, in a fast moving world, human rights have developed into ethical values for pluralist societies. It draws on history, politics and law with all the authority and insight of an insider who helped to shape recent stages of the journey in the UK.' Sir Keir Starmer QC I do not know of a better introduction to thinking about the field, written with such a relevant purpose. The book is also very well written and eschews dry academic style in favour of the voice of passionate personal commitment but not at the loss of erudition or balance. There are not many good reads in our field; this is one. - Sir Nigel Rodney is Chair of the Human Rights Centre, University of Essex About the Author Francesca Klug is a Professorial Research Fellow at the Centre for the Study of Human Rights at the London School of Economics and has researched, written and lectured on human rights for 25 years. She is a former Commissioner on the Equality and Human Rights Commission and advised on the model for incorporating the European Convention on Human Rights reflected in the UK’s Human Rights Act. Cover Title Copyright Dedication CONTENTS Copyright information Preface and acknowledgements Foreword List of abbreviations INTRODUCTION The Magna Carta: marvel or myth? A ‘living instrument’ Universal application A ‘sacred text’? SECTION I Human rights: a time-traveller’s guide Introduction First stop: in search of ‘British values’ Next stop: rediscovering ‘Enlightenment values’ Fast forward to the Universal Declaration of Human Rights Legal rights or human rights? Rights or righteousness? Natural rights or human rights? Exploring the human rights ethic Reason and conscience Dignity Liberty and equality Individualism or mutualism? Humans as social beings Humans as responsible beings The private sphere Conflict resolution The meaning of ‘universal’ Universalism or cultural imperialism? Global human rights movements Conclusion: inspiration or foundation? Personal reflections SECTION I Anthology 1 Human rights: a common standard for all peoples? September 11th Communal conflict The debate on ‘Britishness’ Integration into what? The Human Rights Act as a statement of values Human rights as British values? What is the source of human rights values? Values to aid social cohesion? Conclusion: human rights and citizenship 2 The Universal Declaration of Human Rights: 60 years on Bolstering the protection of individuals by influencing governments throughout the world Contributing to the ending of war Global recognition of the inherent dignity and worth of all human beings Relevance for British bill of rights debate 3 Human rights: philosophy, politics or law? 1. Introduction 2. Human rights as philosophy 3. Human rights sceptics 4. Human rights as politics 5. Human rights as law Conclusion 4 Rights and righteousness: friends or foe? Rights and righteousness Rights as selfish interests? Human rights as secular? Human rights as ethical values? Rights and duties Addressing tensions and conflicts between rights Conclusion 5 Human rights: above politics or a creature of politics? 6 Freedom of expression must include the licence to offend? SECTION II When universal human rights hit home Introduction The disputed parentage of the European Convention on Human Rights The mixed marriage of universalism and the common law The role of the Empire on British nervousness A text that Britain supports On the road to the Human Rights Act Why a bill of rights? Towards a democratic bill of rights? Mixed messages Principles and values Critiques and controversies Parental neglect and political wrangles Myths and monsters The dead hand of the law? Back to the future? Inflation or interpretation? Insanity or humanity? Alive or dead? Conclusion: human rights – endgame or lit flame? SECTION II Anthology 1 The disputed parentage of the European Convention on Human Rights: origins and controversies Introduction Regional mechanisms Background to the ECHR Council of Europe and the European Court COLONIALISM AND EXTRA-TERRITORIAL APPLICATION THE IMPACT OF THE END OF THE COLD WAR 2 A bill of rights for the United Kingdom: a comparative summary 3 The Human Rights Act: origins and intentions Beginnings Seeds of change New Labour triangulation The British model Conclusion 4 The Human Right Act: basic principles and values The evolution of rights The ECHR The HRA 5 The press, privacy and the practical values of the human rights act Introduction Responsibilities Media hostility to HRA Right to privacy Interception of communications RIPA and phone hacking Protecting sources Wakeham and s12 HRA Injunctions Useful for everyone Conclusion 6 Issues in communicating human rights Select bibliography Subject index Case index