39Fundamental Freedoms and Human Rights M 3 Virginia Bill of Rights (1776) The ‘Virginia Bill of Rights’ prescribes legal rights and moral principles for a good government of the independent state: I. That all men are by nature equally free and independent, and have certain inherent rights, [...] namely, the enjoyment of life and liberty, the means of acquiring and possessing property, and pursuing and obtaining happiness and safety. II. That all power is vested in, and consequently derived from, the people; that magistrates are their trustees and servants, and at all times amenable to them. III. That government is, or ought to be, instituted for the common benefit, protection, and security of the people, nation or community; of all the various modes and forms of government that is best, which is capable of producing the greatest degree of happiness and safety [...]. V. That the legislative and executive powers of the state should be separate and distinct from the judicative; and, that the members of the two first [...] should, at fixed periods, be reduced to a private station, [...] and the vacancies be supplied by frequent, certain, and regular elections [...]. VI. That elections of members to serve as representatives of the people in assembly ought to be free; and that all men, having sufficient evidence of permanent interest with, and attachment to, the community have the right of suffrage [...]. VIII. That in all capital or criminal prosecutions a man hath a right to demand the cause and nature of his accusation, to be confronted with accusers and witnesses, to call for evidence in his favor, and to a speedy trial by an impartial jury [...]. XII. That the freedom of the press is one of the greatest bulwarks of liberty and can never be restrained [...]. XIII. That a well regulated militia [...] is the proper, natural, and safe defense of a free state [...]. XVI. That religion [...] can be directed by reason and conviction, not by force nor violence; [...]. www.gunstonhall.org/georgemason/human_rights/vdr_final.html M 4 Universal Declaration of Human Rights (1948) After the experiences of World War II, the United Nations General Assembly adopted this declaration of human rights: 1. 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. 2. 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. [...] 3. Everyone has the right to life, liberty and security of person. 4. No one shall be held in slavery or servitude; slavery and the slave trade shall be prohibited in all their forms. 5. No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment. [...] 7. All are equal before the law and are entitled without any discrimination to equal protection of the law. […] 11. Everyone charged with a penal offence has the right to be presumed innocent until proved guilty according to law in a public trial at which he has had all the guarantees necessary for his defence. […] 13. Everyone has the right to freedom of movement and residence within the borders of each state. Everyone has the right to leave any country, including his own. [...] 14. Everyone has the right to seek and to enjoy in other countries asylum from persecution. […] 17. Everyone has the right to own property alone as well as in association with others. No one shall be arbitrarily deprived of his property. 18. Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief, and freedom [...] to manifest his religion or belief in teaching, practice, worship and observance. 22. Everyone [...] has the right to social security […]. 26. Everyone has the right to education. Education shall be free, at least in the elementary and fundamental stages. [...] www.un.org/en/documents/udhr 1. The four texts represent different stages in the development of civil rights. Examine the specific steps towards individual rights and freedoms. 2. Evaluate the relation between civil rights, human rights and democracy. Is a democratic constitution necessarily a consequence of the approval of civil or human rights? 3. Some philosophers claim that human rights are neither universal nor unchangeable, but depend on specific political and economic premises. 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