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Harry W. Mcknight Harry Mcknight, M.A.L.S., Reviewer A Study of the Development of Human Rights from the Work of Bartolomé de Las Casas A project completed in partial fulfillment of the requirements of the Honors Program by Jillian P. Vogt April 30, 2020 Political Science Ohio Dominican University Approved by Honors Project Review Committee: Ronald W. Carstens, Ph.D., Project Advisor Harry W. McKnight Harry McKnight, M.A.L.S., Reviewer Michael V. Dougherty, Ph.D., Reviewer, Honors Committee Received by: John M. Marazita, Ph.D., Director, Honors Program 2 A Study of the Development of Human Rights from the Work of Bartolomé de Las Casas Introduction: What are human rights? There are many different definitions of what it means to be a human person. Part Three of the Catholic Catechism defines the human person as created in the image and likeness of God, the human person is called by God to happiness as his or her essential fulfillment.1 To be human is to be created in the image of God and to live one’s life growing in virtue. In 1963, Pope John XXIII published Pacem in Terris. The encyclical was addressed to all persons of good will and would be referred to as the Catholic Bill of Rights.2 It was written during the Cold War to reassure people that peace was possible if only they turn to God and to a properly ordered society. Pacem in Terris sets forth the rights of all human beings in light of their creation in the image and likeness of God. The rights laid out in Pacem in Terris were developed from earlier papal teachings, specifically Leo XIII’s Rerum Novarum.3 Written in 1891, Rerum Novarum is considered the foundation of the Church’s modern social teachings written “On Capital and Labor.”4 Leo XII spoke to gaps between the rich and the poor, unreasonable hours and wages, the need for unions, the roles of the state in these matters, and defense of the poor.5 Rerum Novarum speaks out against socialism and state control of private property. When the guild system was abolished in the 18thcentury the laborer was left “surrendered, isolated and helpless, to the hardheartedness of employers and the greed of 1 Catechism of the Catholic Church - The Dignity of the Human Person, accessed October 11, 2019, http://www.vatican.va/archive/ccc_css/archive/catechism/p3s1c1.htm, (Articles 1-3) Paragraph 1700. 2 “Pacem in Terris.” Vatican. Libreria Editrice Vaticana. Accessed November 14, 2019. http://www.vatican.va/content/john-xxiii/en/encyclicals/documents/hf_j-xxiii_enc_11041963_pacem.html. 3 Avery Dulles, “Human Rights: Papal Teaching and The United Nations,” America, December 5, 1998, 15. 4 “Rerum Novarum (May 15, 1891): LEO XIII,” Libreria Editrice Vaticana, accessed January 28, 2020, http://www.vatican.va/content/leo-xiii/en/encyclicals/documents/hf_l-xiii_enc_15051891_rerum-novarum.html). 5 Ibid. 3 unchecked competition.”6 Socialism disrupts society by making all private property common and puts it under the control of the state or municipal bodies. The practice of socialism, according to Leo XIII, hurts the working man first because property is the conversion of labor. He writes that a person’s “needs do not die out, but forever recur; although satisfied today, they demand fresh supplies tomorrow.”7 In taking the private property of laborers socialism hurts the group it was created to protect.8 The Church aims to remedy the conflict of Church teaching and socialism because people “differ in capacity, skill, health, [and] strength; and unequal fortune is a necessary result of unequal position.”9 This does not mean that classes are against each other, rather, that they need each other. The Church aims to bring the two classes together “in friendliness and good feeling,” as humans are not for this earthly life but for heaven.10 Leo XIII writes that without considering what comes after this life “friendliness and good feeling” cannot be understood.11 It does not matter what people have, or how much they have, it only matters that they use what is in their possession properly. Scripture, and the Church, teach the rich to use their wealth to help future generations prosper but warn against the evil of greed. The Church and Her people simultaneously help to raise up the poor through welfare programs and giving alms. Teachings in Pacem in Terris develops Rerum Novarum and include the right to “life, to religious freedom, to family life, to choose a vocation and to make proper use of material 6 Ibid, Paragraph 3. 7 Ibid, Paragraph 7. 8 Ibid, Paragraph 15. 9 Ibid, Paragraph 17. 10 Ibid, Paragraph 21. 11 Ibid. 4 goods.”12 In the first section of Pacem in Terris, “Order Between Men,” Pope John XXIII writes that all human beings have the right to that which is necessary for a properly developed life. These include “food, clothing, shelter, medical care, rest, and, finally, the necessary social services.”13 All have the right to investigate the Truth and to share the Truth with others. He goes on to list inherent rights that all men possess. These rights include the right to worship God how one sees fit, to decide their state of life, to work and own property, to meet and be social, to emigrate and immigrate, to take part in public life, the duty to protect their rights, respecting the rights of all. Pacem in Terris goes on to note that all have a right to come together to protect their rights, to a human society based on truth and justice, and the right to equality based on human dignity.14 The second section of Pacem in Terris discusses the “Relations Between Individuals and the Public Authority.” This section discusses the need for a government that will “preserve its institutions and do all that is necessary to sponsor actively the interests of all its members.”15 Pope John XXIII argues that the purpose of the government is to work towards the common good of its citizens and to protect their rights. In the third section of Pacem in Terris “Relations Between States,” Pope John XXIII writes that social and political authority exists to protect the rights laid out in section one. If the authority of the state does not rule for the moral order of society, such as the responsibility to defend human rights, then the authority of its society no longer properly exists.16 In section four “Relationship of Men and of Political Communities with 12 “Pacem in Terris.” Vatican. Libreria Editrice Vaticana. Accessed November 14, 2019. http://www.vatican.va/content/john-xxiii/en/encyclicals/documents/hf_j-xxiii_enc_11041963_pacem.html, Paragraph 15. 13 “Pacem in Terris.” Vatican. Libreria Editrice Vaticana. Accessed November 14, 2019, Paragraph 11. 14 Ibid, Paragraph 12-27. 15 Ibid, Paragraph 46. 16 Ibid. 5 the World Community” Pope John XXIII postulates that the advancement of the world calls all to greater collaboration. As each state grows and develops, it becomes more dependent on other states so that it is no longer possible to exist in isolation.17 The Pope goes on to argue that inherent rights are necessary and proper in all parts of life, whether that be in personal life or in social and political life. In addition to the basic rights of Pacem in Terris, there are the rights mentioned in “The Universal Declaration of Human Rights” issued in 1948. This is the first legal document that “sets out…fundamental human rights to be universally protected”18 Rights in “The Universal Declaration of Human Rights” are said to be inherent and guaranteed to all human beings because of their humanity. Such rights should always be respected as an integral part of the human being. Transcendent rights, such as the rights in Pacem in Terris, are gifts from God because humans are created in His image and likeness; these rights are beyond this world. According to Pope John XXIII these rights include “freedom, justice and peace in the world.”19 In “The Universal Declaration of Human Rights” the U.N. calls upon nations to protect human rights throughout the world and to aid in growing international relationships through laws agreed upon and written with the understanding of different cultures and religions. “The Universal Declaration of Human Rights” is based on the supposition that “all human beings are born free and equal in dignity and rights.”20 All rights should be protected regardless of “race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.”21 Such are the rights to “life, liberty and security,” and 17 Ibid. 18 “The Universal Declaration of Human Rights,” United Nations (United Nations), accessed November 16, 2019, https://www.un.org/en/universal-declaration-human-rights/ 19 Ibid. 20 Ibid, Article 1. 21 Ibid, Article 2. 6 the idea that “[n]o one shall be held in slavery,” and that they should not be “subjected to torture or to cruel, inhuman or degrading treatment or punishment.”22 These rights should be recognized in every country and all should be equal before the law. The document argues that in law “[n]o one shall be subjected to arbitrary arrest, detention or exile,” and all should be allowed a “fair and public hearing by an independent and impartial tribunal,” and are to be presumed innocent until proven guilty.23 Every person has a right to privacy and the freedom to move within one’s country and between countries, as well as the right to asylum, and the “right to a nationality.”24 Each person has the right to marry freely based on the consent of both parties and the right to own property.25 The document goes on: “[e]veryone has the right to freedom of thought, conscience and religion,” and with these the “right to freedom of opinion and expression.”26 All should be allowed to assemble peacefully and have the right not to be forced to join a specific party or association and the right to take an active role in government.
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