İNSAN HAKLARI

Magna Carta Libertatum, which is also known as the Articles of Barons is one of the major human rights documents which should be considered as a revolutionary document in its epoch. The correct answer is B.

After the Magna Carta Libertatum, legal and juridical concepts had started to change. St. Thomas Aquinas has been one of the philosophers who contributed to these developments. “Aquinas produced a systematic introduction to theology, including the definition and classification of kinds of law. Aquinas defines law in general as a role of human action determined by reason, directed towards the common good shared by all humans.” (Hayden, 2001, 43). Aquinas classifies four forms of law as eternal law, natural law, divine law and human law. These are the basic parts of law and related to human beings; namely their doing good and avoiding evil in their actions.The correct answer is D.

The fundamental documents of human rights from the USA are :

II.Virginia Declaration of Human Rights

III. United States Declaration of Independence

The correct answer is D.

While the English Bill of Rights proclaimed the “ancient rights and liberties” as English legal practices; United States Declaration of Independence as well as the Virginia Declaration of Rights, defended and stressed “equality, universality and freedom”. When we look at the elements given in the question, II.Universality and IV.Equality are among the elements that both United States Declaration of Independence and the Virginia Declaration of Rights defended and stressed. Therefore, the correct answer is C.

The articles of Magna Carta were consist of very unique and epochal statements, and that is the reason that we took this agreement as an archetype example of human rights documents. If it has been compared with the current law practices – for example – the article 39 may be seen the root of modern legal theory. Clause 39 of Magna Carta provides that ‘No freeman shall be arrested or imprisoned or deprived of his freehold or outlawed or banished or in any way ruined, nor will we take or order action against him, except by the lawful judgment of his equals and according to the law of the land’ and guarantees that the government will not act against its citizens except in accordance with the law. (Sol 2016: 67) The correct answer is C.

On the 26th of August in 1789, the French Declaration of the Rights of Man and Citizens was announced in the National Assembly. This declaration has been a turning point not only for human rights, but also for all successor governments. The articles of this Declaration of rights were well prepared and also harmonic with modern human rights theories. That what makes this declaration unique was its emphasis on the term “common good” instead of natural law. The term “common good” has begun to be a basis for human rights and for justifying human rights, and it lasted till today. The correct answer is E.

Like the United States Declaration of Independence, French Declaration of the Rights of Man and Citizens also started with the emphasis on the equal rights at birth: “Men are born and remain free and equal in rights. Social distinctions may be based only on considerations of the common good.” (French Declaration of the Rights of Man and Citizens, 1789) With this article, this declaration stressed distinctness between the rights as a citizen and rights which comes with the birth, as all modern human rights articles. However, the rights of animals were not mentioned there. The correct answer is B.

The documents of human rights in the history are as folllowing with the dates they were released :

Magna Carta Libertatum (1215), The English Bill of Rights (1689) Fundamental Human Rights Documents from USA: Virginia Declaration of Human Rights (1776) and United States Declaration of Independence (1776) The French Revolution and French Declaration of the Rights of Man and Citizens (1789) Universal Declaration of Human Rights (1948).

The correct answer is A.

Magna Carta Libertatum was not a human rights document in the sense of modern human rights documents. But if we take the political conditions of the 13th century into consideration , it can be seen as a milestone in the human rights history. The correct answer is A.

English Bill of Rights can be regarded as the first document on the right of individuals about their life and religious thoughts. “That election of members of Parliament ought to be free.” (English Bill of Rights, 1689) Free election for the parliament – also it is still one of the core political values– was secured in this document. “That the commission for erecting the late Court of Commissioners for Ecclesiastical Causes, and all other commissions and courts of like nature, are illegal and pernicious and That the subjects which are Protestants may have arms for their defence suitable to their conditions and as allowed by law” (English Bill of Rights, 1689). The correct answer is B.

In this chapter, Magna Carta Libertatum (1215) will be considered as the first human rights document, as this was the most common demarcated agreement which put limits the authority of the King of England. Notwithstanding that the impacts of Magna Carta were not available for all communities but only for all rebellious Barons, this agreement restricted King John’s authority over the society.

As stated above, Magna Carta Libertatum was not a human rights document in the sense of modern human rights documents. But if we take the political conditions of the 13th century into consideration , it can be seen as a milestone in the human rights history. 

The correct answer is B.

The English Bill of Rights was declared in 1689.

The correct answer is C.

Four major revolutionary documents of the eighteenth century, i.e. Virginia Declaration of Human Rights (1776), US Declaration of Independence (1776), the US Bill of Rights (1791), and the French Declaration des Droits de l’Homme et du Citoyen (I789) have been addressed generally as milestones in the history of human rights and its cradle of modernity.

The correct answer is E.

The American Bills of Rights (1791) do not attempt merely to set forth certain principles for the state’s organization, but they seek above all to draw the boundary line between state and individual. According to them the individual is not the possessor of rights through the state, but by his own nature he has inalienable and indefeasible rights.

The correct answer is A.

But before the United States Declaration of Independence, we should mention the Virginia Declaration of Rights published just a month before it, in the year 1776. Especially the first article of this declaration might have been the cradle of thought behind all human rights documents: “That all men are by nature equally free and independent, and have certain inherent rights, of which, when they enter into a state of society, they cannot, by any compact, deprive or divest their posterity; namely, the enjoyment of life and liberty, with the means of acquiring and possessing property, and pursuing and obtaining happiness and safety.” (Virginia Declaration of Rights, 1776) This article triggered not only the United States Declaration of Independence, but also all other modern human rights legal writings. That is the reason of its being considered as the first human rights document in the modern sense, because of its talking about equal rights of every human being, not only from rights of some people as barons.

The correct answer is C.

On the 26th of August in 1789, the French Declaration of the Rights of Man and Citizens was announced in the National Assembly. This declaration has been a turning point not only for human rights, but also for all successor governments. The articles of this Declaration of rights paved the way for, and are also harmonic with modern human rights theories. What makes this declaration unique was its emphasis on the term “common good” instead of natural law. The term “common good” has begun to be a basis for human rights and for justifying human rights, and it has lasted till today. 

The correct answer is D.

Like the United States Declaration of Independence, French Declaration of the Rights of Man and Citizens also started with the emphasis on the equal rights at birth: “Men are born and remain free and equal in rights. Social distinctions may be based only on considerations of the common good.” (French Declaration of the Rights of Man and Citizens, 1789)

Freedom of speech was another important issue that stressed by French Declaration. “The free communication of ideas and opinions is one of the most precious of the rights of man. Every citizen may, accordingly, speak, write, and print with freedom, but shall be responsible for such abuses of this freedom as shall be defined by law” (French Declaration of the Rights of Man and Citizens, 1789). 

What conducted the French people to the rebellion was the poor life of the French people and the unequal taxation. Therefore, the articles related to the taxation and the inviolability of domicile constituted another part of this declaration.

Even though it is not directly related to human rights, the principle of separation of powers was also articulated in it; and by Article 16 constitutional law was transmogrified so far. Thereafter constitutional law has been the core legislative instrument in protecting human rights of all people. Article 16 stressed the same concerns and paved the way to legislate a consensus based constitution. “A society in which the observance of the law is not assured, nor the separation of powers defined, has no constitution at all.” (French Declaration of the Rights of Man and Citizens, 1789)

The correct answer is E.

Universal Declaration of Human Rights (UDHR) was adopted by the General Assembly of the United Nations on 10th December 1948, and this day is declared as Human Rights Day and is celebrated annually across the world on 10 December every year.

The correct answer is C.

First two articles of the declaration stressed the equality of every single human being from birth on. We see also some expressions about equality in the previous human rights documents, but Article 5 differs from them for laying emphasis on the ban of torture or cruel, inhuman treatment to protect human dignity “No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.” (Universal Declaration of Human Rights, Article 5)

With the Article 13 there are several other clauses related to freedom of speech, free will on marriage, religious freedom, property rights and benefiting from the public services. 

Right to education and its regulations are mentioned in Article 26. Strengthening the respect for human rights and fundamental freedoms, and admitting of the human personality for his/her full development are emphasised as the main goals of an education. 

The correct answer is E.

The UN system includes more than above mentioned conventions related to the protection of human rights. Others are below.

• Convention Related to the Status of Refugees (1951)

• Convention on the Political Rights of Women (1953)

• International Convention on the Suppression and Punishment of Crime of Apartheid (1973)

• Declaration on the Protection from Torture (1975)

• Convention Against Torture, and Other Cruel, Inhuman or Degrading Treatment or Punishment (1984)

• Convention on the Elimination of All Forms of Discrimination Against Women (1979)

• Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief (1981)

• International Convention on the Protection of the Rights of All Migrant Workers and Their Families (1990).

The correct answer is E.