The origins of fundamental rights

De Baripedia

Based on a course by Victor Monnier[1][2][3]

Fundamental rights, often referred to as human rights, are essential legal principles designed to protect individual dignity and freedom. Rooted in diverse historical and philosophical traditions, these rights are now universally recognised and respected throughout the world.

The first traces of fundamental rights date back to ancient civilisations and religious texts, where the concepts of justice and fairness were already present. For example, the laws of the Old Testament, Roman law and the philosophical teachings of ancient Greece offered primitive reflections on the rights and duties of individuals. In the Middle Ages, these concepts continued to develop, particularly in Europe. The Magna Carta, signed in 1215 in England, is an early example of a legal document granting certain rights, such as the right to a fair trial and protection from royal arbitrariness, although these rights were limited to a section of society. The Enlightenment was a crucial period in the development of fundamental rights. Philosophers such as John Locke, who advocated the notion of natural and inalienable rights in his work "Two Treatises on Government" in 1689, and Jean-Jacques Rousseau, with his idea of the social contract, laid the theoretical foundations for human rights. Their ideas inspired several historic declarations, including the United States Declaration of Independence in 1776 and the French Declaration of the Rights of Man and of the Citizen in 1789. These documents were revolutionary, formally recognising rights such as freedom and equality. The twentieth century saw a major advance in the international recognition of fundamental rights. The horrors of the Second World War led to a global awareness of the need to protect these rights. The United Nations, founded in 1945, played a key role in this development. The Universal Declaration of Human Rights, adopted in 1948, was a milestone, establishing a set of fundamental rights recognised worldwide.

Over the years, many countries have incorporated these principles into their national constitutions and laws. International treaties such as the European Convention on Human Rights, adopted in 1950, have strengthened the protection and promotion of these rights.

The religious origins[modifier | modifier le wikicode]

In ancient times, the notion of individual rights as we understand it today did not really exist, and the individual was often subject to strict rules and standards imposed by the state or society.

In Sparta, for example, life was strictly controlled by the state. Celibacy was forbidden because Spartan society emphasised military strength and reproduction in order to maintain a powerful army. Spartan citizens were expected to contribute to society primarily through procreation and military service, thus limiting their personal autonomy. In ancient Rome, laws regulated aspects of daily life that would be considered private today. For example, the consumption of pure wine was restricted. These rules reflected the moral and social concerns of the time, when moderation and self-control were valued. In Athens, the restrictions imposed on women also illustrated the absence of individual rights as we know them. Athenian women were largely confined to the domestic sphere and had few political or legal rights. The limitation on the number of dresses a woman could take out of town is an example of the many restrictions on women's autonomy and freedom in that society.

These examples show that in ancient times, individual autonomy was often subordinated to the perceived needs of society or the state. Rights to mental and physical integrity, as we understand them in the modern context of human rights, were not recognised. Individuals were largely seen as members of a collective, with obligations and duties towards it, rather than as entities with inalienable rights. This perspective on the individual and power evolved considerably over the centuries, eventually leading to the recognition of fundamental rights as we know them today.

In ancient societies, particularly in Athens, freedom was often conceptualised as the ability to participate in public life and in the management of the state. This participation was seen as a privilege and a responsibility of citizens, but it was limited to a fraction of the population - generally free men who owned land. Women, slaves and foreigners were excluded from this sphere of political participation. In this context, there was no recognised sphere of individual freedom in the modern sense. Rights and freedoms were defined and limited by status in society and membership of the political community. Privacy and individual rights were not widely recognised or valued concepts.

The emergence of Christianity, on the other hand, brought a new dimension to the concept of the individual and freedom. Christianity introduced the idea of the fundamental equality of all human beings before God, a revolutionary idea at the time. This perspective laid the foundations for greater recognition of the dignity and intrinsic value of each individual, regardless of his or her social status or role in the political community. Over time, Christian teachings on love of neighbour, compassion and the equality of all before God helped to erode the rigid social and legal structures of antiquity. These ideas laid the foundations for a more modern understanding of freedom, where the value of the individual is not only dependent on his or her ability to participate in public life, but is also rooted in his or her own dignity and rights as a human being. However, it is important to note that the transformation of notions of freedom and individual rights did not happen overnight with the advent of Christianity. It was a gradual process, influenced by many other historical, philosophical and cultural factors over the centuries.

Christian teaching, with its deep roots in biblical texts and traditions, introduced revolutionary ideas about human nature and dignity that have profoundly influenced Western thought. At the heart of this vision is the belief that every human being is created in the image of God, an idea that originated in the Hebrew scriptures and was adopted and developed by early Christian thinkers. This notion, by affirming that all men are created in the image of God, introduced a concept of fundamental equality and the inherent dignity of each person. This idea was radically different from the social hierarchies and power structures that prevailed in ancient societies. For example, in Roman society, dominated by strict distinctions between citizens, non-citizens, slaves and freedmen, Christian doctrine offered a different perspective, affirming the equal worth of all individuals, regardless of their social status. Moreover, the belief in the immortality of the soul, a central concept in Christianity, reinforced this idea of the intrinsic and eternal dignity of the human being. This perspective encouraged a vision of human life as having meaning beyond the material and temporal. Christian thinkers such as Augustine of Hippo (AD 354-430) and Thomas Aquinas (AD 1225-1274) explored these ideas, emphasising the importance of the spiritual life and the eternal value of the human soul.

The impact of these teachings on the Western conception of freedom and human rights was profound and lasting. Whereas ancient societies focused primarily on the collective and the place of the individual within the state, Christianity introduced a new dimension, that of individual value. This change was essential for the subsequent development of the ideas of human rights and respect for the individual. These concepts played a crucial role in shaping political and social thought in the West, influencing movements such as the Protestant Reformation in the sixteenth century, which emphasised the importance of individual conscience, and the Enlightenment period, when philosophers such as John Locke developed theories on natural rights and government. In this way, the foundations laid by Christianity paved the way for a richer and more nuanced understanding of individual freedom and human rights.

The central message of Christianity, as taught by Jesus Christ, rests on the idea that earthly life is only a transitory stage in man's existence, destined for eternal life. This vision has profoundly influenced the way in which human dignity has been perceived and valued in Western culture and thought. According to this perspective, earthly life is seen as a preparation, a path towards an ultimate destination which is eternal life. This concept transcends the idea of an existence centred solely on material or temporal concerns. It places the emphasis on the spiritual and moral aspects of existence, stressing values such as compassion, love of neighbour and the pursuit of a virtuous life. This understanding of the human vocation to eternal life has led to a greater appreciation of the dignity of every person. In this worldview, the value of the individual lies not in his or her earthly achievements, social status or wealth, but in his or her essence as a being created in the image of God and destined for an eternal destiny. This dignity is inherent and inalienable, regardless of external circumstances.

The implications of this vision for the conception of rights and freedoms are considerable. It has served as the foundation for the idea that all human beings deserve respect and consideration, because each of them carries an inestimable value. This perspective has influenced various social and political movements over the centuries, particularly those seeking to promote justice, equality and protection for the most vulnerable. Historically, it also informed the development of Christian ethics and influenced thinkers such as St Augustine and St Thomas Aquinas, who sought to integrate these ideas into a broader theological and philosophical framework. Later, in the modern era, this conception influenced the philosophers of the Enlightenment and the founding fathers of liberal democracy, who articulated principles of natural rights and individual sovereignty.

The second fundamental proposition of Christ's message, that all people are children of God, has had a profound and lasting impact on the understanding of human equality and brotherhood in Western thought. This idea, which emphasises the fundamental equality of all human beings before God, introduced a principle of equality radically different from the social hierarchies and status distinctions that prevailed in many ancient and medieval societies. The Christian teaching that every person is a child of God implies that all individuals share a common dignity and intrinsic worth. This perspective was revolutionary, particularly in a historical context where distinctions of class, race, gender and ethnicity were often deeply entrenched. By proclaiming the equality of all before God, Christianity challenged these divisions and promoted a sense of human unity and solidarity.

This idea of God's equal share of love for all his children has also influenced the concept of human rights. If all people are equal as children of God, then they all deserve fair treatment and respect for their fundamental rights. This thinking has been an important driving force behind social reform and justice movements throughout history. Historical figures such as Saint Francis of Assisi, who preached love and brotherhood towards all living beings, or reformers such as Martin Luther, who stressed the importance of faith and grace being accessible to all, embodied and disseminated these ideas. Later, in the context of the Enlightenment, philosophers such as John Locke and Jean-Jacques Rousseau, although they did not always refer directly to these Christian teachings, developed political and social ideas that resonated with the principle of the fundamental equality of all human beings.

The idea that each individual enjoys a sphere of individual autonomy to fulfil his or her own destiny is part of a worldview in which the spiritual and personal vocation is paramount. This view, influenced by Christianity, emphasises that social, political and economic structures are means to serve man in his spiritual quest and not ends in themselves. This approach marks a significant contrast with earlier perspectives, where the individual was often seen as subordinate to the needs of the state or society. According to this vision, the state and other social institutions have a duty to respect and protect individual autonomy. This implies recognition of the right to freedom of conscience, thought and expression, as well as an appreciation of privacy and individual freedom. The idea that the state should serve the individual, rather than the other way round, has been an important development in political and social thought, profoundly influencing modern theories of human rights and democratic governance. This concept found particular resonance during the Renaissance and the Enlightenment, when philosophers began to question traditional power structures and promote the idea of natural rights inherent in every person. Thinkers such as John Locke, who defended the right to life, liberty and property, and Immanuel Kant, with his categorical imperative emphasising respect for each individual as an end in itself, helped to shape this perspective.

In practice, this philosophy influenced the drafting of fundamental documents such as the American Declaration of Independence and the Declaration of the Rights of Man and of the Citizen during the French Revolution. These documents put forward the idea that governments are established to protect individual rights and that their legitimacy derives from the consent of the governed. Thus, the idea that every human being has a sphere of individual autonomy in which to realise his or her destiny has been fundamental to the evolution of Western societies towards principles of personal freedom, respect for individual rights and democratic governance. These concepts continue to form the basis of contemporary liberal and democratic societies, emphasising the importance of the individual within the social and political order.

The impact of the Christian message on the development of Human Rights in the West is deeply linked to the work of sixteenth-century Spanish Catholic legal theologians, particularly in the context of the debates surrounding the Spanish conquest of America. These debates centred on crucial moral and legal questions concerning the treatment of the indigenous peoples of America by the Spanish conquerors.

One of the key players in this debate was Bartolomé de las Casas, a Dominican priest and later bishop, who became famous for his passionate defence of the rights of the indigenous peoples. Shocked by the brutality and exploitation suffered by the Amerindians, Las Casas opposed the theories and practices that justified their enslavement. He argued for recognition of their humanity and fundamental rights, arguing that, as human beings, they were children of God and deserved the same respect and dignity as Europeans. Another important figure in these debates was Francisco de Vitoria, a theologian and jurist, considered to be one of the founders of modern international law. Vitoria questioned the legitimacy of the Spanish conquest on the basis of principles of natural law. He argued that indigenous peoples possessed their own sovereign rights and that their territory could not justly be taken. His ideas laid the foundations for an argument in favour of the fundamental equality and rights of indigenous peoples.

These debates took place in a broader context of ethical and legal issues raised by the encounter between Europe and the Americas. Spanish theologians and jurists played a crucial role in the development of the first doctrines of human rights in the West, articulating arguments based on Christian principles that recognised the dignity and rights of indigenous peoples. This period was fundamental in the history of human rights, as it marked a turning point when ethical and legal principles began to be applied in a global context, transcending borders and cultures. The ideas and arguments developed by figures such as de las Casas and de Vitoria laid the foundations for what was to become international human rights law, emphasising the universal importance of human dignity and equality.

Portrait of Bartolomé de las Casas (anonymous, 16th century).

The affirmation of the first doctrinal elaboration of human rights in the West, attributed to Francisco de Vitoria and Bartolomé de las Casas, marks a crucial turning point in the recognition of human rights. These two figures played a decisive role in challenging the ethical and legal foundations of the Spanish conquest of America in the 16th century, particularly with regard to the treatment of indigenous peoples.

Francisco de Vitoria, a Spanish theologian and jurist, is often regarded as the father of modern international law. Born in 1492, he developed theories that defended the rights of the indigenous peoples of America, questioning the legitimacy of their domination by the Spanish conquerors. He argued that the Indians had their own sovereign rights, in both the private and public spheres, and that these rights should be respected. Vitoria argued that indigenous peoples had the right to their own governance and possession of their lands, ideas that were revolutionary at the time. Bartolomé de las Casas, a Dominican priest born in 1474, became famous for his ardent defence of indigenous peoples. He denounced the atrocities committed by the Spanish conquistadors and argued for respect for the dignity and rights of the Indians. De las Casas argued that the Indians were human beings in their own right, endowed with reason and capable of faith, and that they should therefore be treated fairly and justly. By recognising the equal rights of indigenous peoples, Vitoria and Las Casas laid the foundations for a conception of human rights that transcends cultural and national boundaries. Their teachings implied that all human beings, regardless of their ethnic or geographical origin, possess inalienable rights that must be respected.

This period therefore marks the beginning of the conceptualisation of human rights in the Western context, with a particular emphasis on the equality and sovereignty of peoples. Although the ideas of Vitoria and Las Casas did not immediately lead to major political or social changes, they laid the intellectual and moral foundations that influenced the subsequent development of human rights theories and international law. Thus, the sixteenth century in Spain can be seen as a key moment in the evolution of thinking on human rights.

« Our religion is one, and can suit all the nations of the world; it welcomes them all into its bosom, and does not take away from any of them their freedom or their masters; it is especially far removed from wanting people to be made slaves on the pretext that they were born for it, as the Lord Bishop claims. May Your Majesty therefore deign, at the beginning of his reign, to express his contempt for this evil doctrine and to disavow its consequences. »

— Las Casas

This quotation from Bartolomé de las Casas perfectly illustrates his commitment to defending the rights and dignity of the indigenous peoples of America in the face of the Spanish conquest. In his plea, Las Casas emphasises several key points that reflect not only his religious convictions but also his profound humanism. Firstly, he affirms the universality of the Christian religion, emphasising that it is destined for all nations and welcomes all peoples without distinction. This vision of the universality and inclusiveness of Christianity is fundamental, as it rejects the idea that certain peoples could be intrinsically inferior or destined to be dominated. Secondly, Las Casas emphasises respect for the freedom and autonomy of peoples. He openly criticised the idea that conversion to Christianity or acceptance of Spanish rule should entail the loss of freedom or sovereignty for indigenous peoples. He considers that the Christian religion is not a tool of domination, but a means of spiritual elevation and mutual respect. Finally, he appealed directly to the royal authority, in this case the Spanish monarch, to take a stand against the doctrines that justified slavery and the oppression of indigenous peoples on religious or racial grounds. This action by Las Casas is an appeal to the moral and political responsibility of leaders, urging them to reject ideologies that perpetuate injustice and inequality. Las Casas' quote is a powerful testimony to the early days of colonisation in the Americas, when voices like his were raised in defence of the rights of indigenous peoples. His arguments and activism played a crucial role in the genesis of human rights thinking and in the development of the first formal critiques of conquest and colonisation.

He demonstrated that Indians were God's creatures and could not be slaves. He joined Vittoria's theses:

« Among the Infidels, who live in these remote Kingdoms, who have never heard of Christ, who have not received the faith, there are true Lords, Kings and Princes. Natural law and the law of nations grant them Sovereignty, dignity and royal pre-eminence... The same applies to the domination of private individuals over inferior property... »

— Las Casas[4]

This quotation from Bartolomé de las Casas illustrates his argument against the slavery and oppression of indigenous peoples, affirming their intrinsic equality and sovereignty as creatures of God. He explicitly recognises the legitimacy and authority of the existing leaders and political structures of the indigenous peoples, even those who have not been exposed to Christianity. In his argument, Las Casas refutes the idea that indigenous peoples could be legitimately subjugated or dispossessed of their lands and sovereignty because of their lack of knowledge of Christianity. He points out that natural law and the law of nations (ius gentium, a key concept of international law in medieval and Renaissance thought) recognise and respect the sovereignty of non-Christian peoples.

In asserting that indigenous peoples had kings, princes and legitimate governance structures, Las Casas joined the theses of Francisco de Vitoria, another theologian and jurist who defended the notion of universal rights and sovereignty of peoples, regardless of their faith or knowledge of Christianity. Vitoria argued that non-Christian peoples possessed natural rights, including the right to property and political autonomy, which had to be respected by the colonial powers. This approach was revolutionary for its time, as it challenged the justifications usually put forward for the colonisation and domination of indigenous peoples. Las Casas and Vitoria, with their progressive ideas, helped to lay the foundations for modern international law and the recognition of universal human rights, regardless of race, culture or religion. In conclusion, the efforts of Las Casas and Vitoria to defend the rights of indigenous peoples marked an important stage in the history of human rights, highlighting the need to respect the dignity and sovereignty of all peoples.

The defence of these theses by figures such as Bartolomé de las Casas and Francisco de Vitoria in the early sixteenth century represented a fundamental step in the development of a doctrine of human rights. Their arguments, centred on the idea that all human beings are equal as creatures of God, marked a decisive turning point in the understanding and recognition of fundamental rights. This doctrinal approach was revolutionary for its time, as it opposed the common practices of conquest, enslavement and colonisation based on notions of cultural, racial or religious superiority. By insisting on the fundamental equality of all human beings, regardless of their faith, ethnic origin or social status, Las Casas and Vitoria challenged the justifications for the oppression and exploitation of indigenous peoples.

This perspective was rooted in a Christian understanding of humanity, in which each person, as God's creation, possesses intrinsic dignity and inalienable rights. This vision helped to lay the ethical and philosophical foundations for future developments in human rights. Their teachings have had a considerable influence not only on international law, but also on the way in which Western societies have begun to consider issues of justice, equality and sovereignty. Although the immediate effects of their advocacy were limited in the context of their time, the principles they enunciated continued to inspire future generations and played a key role in the evolution of the concepts of human rights and respect for human dignity. Thus, the early sixteenth century marks an important period when theologians and jurists began to articulate a doctrinal approach to human rights, laying the foundations for a broader recognition of the equality and inherent worth of all human beings.

The political origins[modifier | modifier le wikicode]

The political origins of fundamental rights can be traced through a series of key historical events that have shaped global political thought and practice, each contributing a stone to the edifice of human rights.

The Magna Carta, signed in England in 1215, represents one of the first concrete examples of a legal limitation on royal power. Although primarily intended to protect the rights of the aristocracy against the arbitrary power of the king, it introduced fundamental principles such as the right to a fair trial, influencing future notions of legal rights and constitutional governance. In the 16th century, the Protestant Reformation, initiated by figures such as Martin Luther and John Calvin, challenged the centralised authority of the Catholic Church and promoted ideas of freedom of conscience and individual interpretation of the Scriptures. These ideas helped shape the modern concepts of individual rights and personal sovereignty. The end of the Wars of Religion in Europe and the signing of the Treaties of Westphalia in 1648 not only redrawn the political map of Europe, but also introduced key concepts such as state sovereignty and the principle of non-interference, which have implications for individual and collective rights. The impact of the American Revolution in 1776 was monumental, with the United States Declaration of Independence proclaiming principles such as fundamental equality and inalienable rights. These ideas were taken up and developed during the French Revolution, in particular with the Declaration of the Rights of Man and of the Citizen of 1789, which explicitly set out rights such as liberty, property, security and resistance to oppression. Finally, the Conference of Vienna in 1815, although often seen as a period of conservative restoration, laid the foundations of modern diplomacy and international law, playing a key role in the recognition and protection of fundamental rights on a global scale. These events, spanning several centuries, have made a significant contribution to the evolution of the notion of fundamental rights. They have shaped not only legal and political systems, but also the values and ideals that underpin modern societies, leading to the universal recognition of human rights and their protection as an essential component of justice and international governance.

Magna Carta.
King John of England signs Magna Carta.

In 13th-century England, a landmark event took place that profoundly shaped the course of legal and political history: the drafting and signing of Magna Carta, or "Magna Carta", on 12 June 1215. This historic document was the result of an intense conflict between King John of England and a group of his vassals, mainly disgruntled and rebellious barons. The Magna Carta represented a decisive turning point in limiting the arbitrary power of monarchs and laying the foundations of constitutional law.

The context at the time was one of growing discontent among the nobles, largely due to the high taxes imposed by King John and his failure in military campaigns, particularly in France. Faced with increasing resistance from the barons, the king was forced to negotiate, resulting in the creation of the Magna Carta. This document was revolutionary for several reasons. Firstly, it recognised and guaranteed a number of rights and privileges for the barons and, by extension, for other subjects of the kingdom. Although its main aim was to protect the interests of the aristocracy, the Magna Carta contained principles that evoke our modern conceptions of personal freedoms. These included the guarantee of a fair trial, protection against arbitrary detention and limitations on the king's fiscal powers. In addition, Magna Carta established the idea that even the king was subject to the law. This was a revolutionary notion at a time when monarchs were often considered to have absolute and divinely ordained power. The idea that the law applied equally to the sovereign laid the foundations for the rule of law and constitutional governance in Western societies. Although Magna Carta was repeatedly annulled, revised and reinstated in the years following its first promulgation, its influence has endured. It is often regarded as a precursor to modern constitutions and has significantly influenced the development of legal systems and human rights, not only in England but throughout the world.

These articles from Magna Carta illustrate the revolutionary scope and vision of this document in terms of rights and freedoms. Article XXXIX, in particular, establishes principles of justice that are fundamental to modern legal systems. The idea that no free man should be punished without the lawful judgment of his peers and according to the law of the land was revolutionary for its time. This article laid the foundations for what we know today as the right to a fair trial, a key element of the rule of law and a fundamental principle of human rights.

« No free man will be arrested or imprisoned, or dispossessed of his property, or declared an outlaw, or exiled, or executed in any way, and we will not act against him or send anyone against him, without the lawful judgment of his peers and in accordance with the law of the land. »

— Article XXXIX.

Article XLI focuses on economic freedom and the safety of merchants. It recognises the importance of safe and unhindered trade and travel for merchants, while setting out rules for conduct in times of war. This article reflects an early understanding of the importance of trade and economic mobility, concepts that are essential in our globalised economy.

« All merchants may freely and safely leave England, come to England, remain in England, and travel in England both by road and by ship, to buy and to sell, without any irregular tolls, according to ancient and just customs, except in time of war and if such merchants are from a country at war with us. If such merchants are found in our country at the beginning of a war, they shall be detained, without any damage to their persons or property, until we, or our Grand Justicier, are informed of the manner in which our merchants are treated in the country at war with us, and if ours are safe, the others shall be safe in our country. »

— Article XLI.

Together, these articles bear witness to the gradual evolution of notions of justice, personal freedom and economic rights. The Magna Carta, although primarily designed to protect the rights of the English aristocracy, laid the foundations for legal principles that would, centuries later, benefit all citizens. The document established standards for limiting arbitrary power and protecting individual rights, influencing the subsequent development of constitutional democracies and legal systems in the Western world. These principles, enunciated over eight centuries ago, continue to resonate in charters of rights and constitutions around the world, testifying to their timeless importance and enduring impact on the conception of human rights and equitable governance.

Conflicts between King and Parliament in England, which were particularly pronounced during certain periods of history, played a crucial role in the development of many texts and treaties guaranteeing fundamental rights. These confrontations have often been the driving force behind significant constitutional and legal changes, helping to shape the principles of democratic governance and human rights.

One of the most notable examples is the period of the English Civil War in the 17th century, which pitted the royalist forces of King Charles I against the Parliamentarians. The conflict culminated in the execution of Charles I in 1649 and the establishment of the Commonwealth of England under Oliver Cromwell, marking a period of experimental republicanism. Although the Commonwealth was short-lived, ending with the restoration of the monarchy in 1660, this period was significant for the development of political and constitutional thought. Another key moment was the Glorious Revolution of 1688, which saw King James II of England dethroned and replaced by Mary II and her husband William of Orange. This relatively peaceful transition led to the adoption of the Bill of Rights in 1689, a fundamental document that set clear limits on royal power and affirmed the rights of Parliament. In particular, it established the principle that the King could not rule without the consent of Parliament, and guaranteed rights such as freedom of speech in Parliament, limitations on taxation and the right to a fair trial.

These events, and other similar conflicts between monarchical power and Parliament, helped to shape a political tradition in which respect for fundamental rights and the limitation of governmental power are central. They laid the foundations for the later development of parliamentary democracy in England and influenced political thought in other parts of the world, most notably inspiring the founders of the United States when they drafted the American Constitution and the Declaration of Independence. These conflicts between King and Parliament in England were crucial to the emergence and consolidation of the principles of democratic governance and respect for fundamental rights, principles that continue to influence political and legal systems around the world.

The philosophical origins[modifier | modifier le wikicode]

John Locke, a seventeenth-century English philosopher, had a profound influence on modern political theory, particularly with regard to the concepts of natural rights and civil government. His thought, articulated mainly in two major works, "Two Treatises on Government" (1690) and "An Essay on Human Understanding" (1689), laid the foundations of liberal philosophy and had a considerable impact on the development of democratic and constitutional ideas. Locke proposed a vision of government based on the idea that legitimate political authority derives from the consent of the governed. This notion of voluntary consent is a cornerstone of his political theory and marks a break with earlier conceptions of divinely ordained monarchical power or the unchallenged supremacy of the state. For Locke, individuals are naturally free and equal, and any legitimate government must be based on the agreement and acceptance of those it governs.

According to Locke, the state of nature, a hypothetical pre-governmental condition, is characterised by freedom and equality, but also by insecurity and potential conflict. To remedy this situation, individuals enter into a social contract, giving up some of their natural rights in exchange for the protection and order provided by a civil government. However, this transfer of rights is not absolute. If a government does not protect the fundamental natural rights of life, liberty and property, and if it does not respect the principle of consent, it becomes illegitimate and citizens have the right to resist or change it. Locke's ideas on government by consent, popular sovereignty and natural rights were extremely influential. They inspired many thinkers and political leaders, including the drafters of the US Declaration of Independence and the US Constitution. His theories on the social contract and natural rights also influenced other important philosophers such as Jean-Jacques Rousseau and Immanuel Kant, and played a key role in the evolution of modern liberal democracies.

John Locke's political theory, centred on the concept of the social contract, is a fundamental element of liberal thought and has had a decisive influence on the understanding of rights and civil government. According to Locke, individuals in a state of nature enjoy natural rights, but this state is also marked by uncertainty and the absence of formal guarantees for the protection of these rights. It is this situation that drives men to establish a political society by means of a social contract. In the state of nature, as described by Locke, men are free and equal, and each possesses inalienable natural rights such as life, liberty and property. However, this state lacks a central authority to resolve conflicts and effectively guarantee these rights. Faced with this shortcoming, individuals voluntarily chose to give up some of their freedom and natural rights in order to create a political society. This transition from the state of nature to political society is achieved through the social contract, a mutual agreement to form a political community and establish a government.

Legitimate government, according to Locke, is therefore the product of the consent of free and equal individuals. Its main role is to protect the natural rights of individuals, which were not sufficiently secure in the state of nature. If government fails in this fundamental task, or acts despotically, violating the rights it is supposed to protect, it loses its legitimacy. In such a case, citizens have the right to resist, modify or overthrow that government. Locke's concept has had a profound impact on modern political philosophy. It has influenced the formation of democratic systems of government in which sovereignty resides with the people, and government is seen as a servant of the citizens, charged with protecting their rights and freedoms. Locke's ideas on the social contract and natural rights were particularly influential in the founding of the United States, where they informed the drafting of fundamental documents such as the Declaration of Independence and the Constitution. Locke's theory of the social contract and civil government marks a milestone in the history of political ideas, laying the foundations for modern democratic governance and the recognition of fundamental human rights.

The theory of the social contract, as developed by John Locke and other thinkers such as Jean-Jacques Rousseau, had a considerable influence on the emergence and formulation of the first Declarations of Human Rights. This theory, which is based on the idea that political societies are founded on a voluntary agreement between free and equal individuals, laid the philosophical and theoretical foundations for the principles of freedom and equality that lie at the heart of human rights. These ideas, born of an amalgam of religious, political and philosophical origins, found particular resonance at key moments in history such as the American Revolution and the French Revolution. The American Declaration of Independence in 1776 and the French Declaration of the Rights of Man and of the Citizen in 1789 are emblematic examples of how social contract theory influenced political and legal thought.

In these documents, the concepts of liberty and equality are affirmed as natural and inalienable rights. The American Declaration of Independence, for example, proclaims that "all men are created equal" and endowed with "certain inalienable rights". Similarly, the Declaration of the Rights of Man and of the Citizen affirms that all men are born free and equal in rights. These declarations marked a significant break with previous conceptions of social hierarchy and political power, rooted in the divine right of kings or in unequal power structures. The fusion of religious ideas, notably Christianity's emphasis on the equal dignity of all human beings, with political and philosophical theories of the social contract and natural rights, helped to shape a new vision of the world. In this vision, individual rights and popular sovereignty are fundamental, and government is conceived as an instrument at the service of the people, rather than as an absolute authority. Thus, the origins of fundamental rights reflect a rich heritage of ideas and practices, blending religious, political and philosophical influences to arrive at principles of liberty, equality and justice that have become pillars of modern democratic societies. These principles continue to inspire and guide efforts to promote human rights and democracy throughout the world.

Annexes[modifier | modifier le wikicode]

References[modifier | modifier le wikicode]

  1. Profil de Victor Monnier sur le site de l'UNIGE
  2. Publications du professeur Victor Monnier
  3. Hommage au professeur Victor Monnier - Faculté de droit - UNIGE
  4. Cf. B. DE LAS CASAS, Aquí se contienen treinta proposiciones muy jurídicas... in A. M. FABIE, Vida y escritos de Fray B. de Las Casas, Madrid