Written by: Sintarda Hari (Law Student, Sriwijaya University Law Program)

Legal Literacy - This article discusses the journey of human rights in the order of legal history and politics. Let's take a look at the explanation!

Freedom Achieved in Human Rights

Freedom is a struggle that humans have tried to possess in order to give dignity to themselves. Therefore, to achieve it, humans tend to be in conflict for freedom, some of which involve sacrifices during the 20th century. The decolonization movement in that century is a history of mankind to seize the crown of freedom, as stated by US historian Will Durant who said “civilization begins with order, grows with liberty, and dies with chaos.”

With freedom, human life has many choices. In this context, choice is a sign of authority and sovereignty that gives humans dignity so that an individual can determine what they want. Therefore, freedom becomes fertile ground for creativity, expression, and flexibility, giving rise to dynamics, which is why thoughts, theories, and documents regarding Human Rights both classic and contemporary, give the aspect of freedom as the main place.

The first written document regarding Human Rights specifically, the Magna Charta in England in 1215, included guarantees regarding freedom from arbitrary imprisonment and freedom in owning property and not being executed or exiled.

Although it could also be said that the Cyrus Cylinder is an older form of Human Rights product. Then, the English Bill of Rights (1688-1689) declared the necessity of freedom of speech, free elections, no torture, and no inappropriate punishment. Entering a more modern world in 1776, the United States Declaration of Independence (1776) was born, which explicitly stated

“We hold these truth to be self-evident that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness”.

In that content, there are clearly three principles that are guaranteed and protected, namely about life, liberty, and the pursuit of happiness. Then the Declaration of the Rights of Women (1790) stated that women are born with freedom and equal rights with men. The United States Bill of Rights (1791) also affirms:

Amendment I

“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof or abridging the freedom of speech, or the press or the right of the people peaceably to assemble, and to petition the Government for redress or grievances”.