The

Key Learning: Study the Magna Carta and its main provisions. Understand the importance of the Magna Carta in the development of rights.

What is the Magna Carta and why was it What did the Magna Carta say and needed? why is it still important?

‘Magna Carta’ in Latin means ‘Great The Magna Carta has sixty-three Charter’. It was an agreement between King clauses, most of which address John and the English barons signed in June particular complaints about King 2015. Barons were wealthy men who has John’s rule. However, two clauses in been granted land by the King in return for particular have remained important their support and loyalty. over the last eight hundred years. The Magna Carta stated that In 1214 King John’s army has been beaten everybody, including kings and by the French. The barons had already queens, should be subject to law. made a large contributions to the army’s This principle, now known as the Rule costs and some had fought in France- but of Law, remains a key feature of now they would get nothing for supporting modern . It helps to the King. When John demanded more taxes, safeguard citizens against the abuse the barons rebelled against the King’s power of power by powerful people. and captured London. By the spring of 1215, the two sides were ready to make peace The Magna Carta’s core principles and the Magna Carta as the result. A new are at the heart of the United States and clearer set of principles was agreed for (1791) and influences the relationship between the King and his both the Universal Declaration of people. The King promised to deal with the Human Rights (1948) and the English people according to the laws European Convention on Human recognised at the time rather than to act as Rights (1950). he wanted.

ACTIVITIES Magna Carta clauses 39 and 40 gave all ‘free men’ the rights to 1. The most famous clauses in the Magna justice and a fair trial. Carta are clauses 39 and 40. Re-write each of these clauses to make their meaning ‘No man shall be seized or clear to the twenty-first-century learner in imprisoned, or stripped of his rights or Year 7. possessions, or outlawed or exiled, or 2. Have a look at the Universal Declaration deprived of his standing in any other of Human Rights. Identify the section in this way, nor will we (the King) proceed document that contains principles similar to with force against him, or send other those in 39 and 40 of the Magna Carta. to do so, except by the lawful 3. Watch the short video below. Using judgement of his equals or by the evidence from the video complete the law of the land’ question below. Remember to give a Clause 39 support argument, a challenge argument and your overall opinion. ‘We will not sell, or deny, or delay https://www.bbc.co.uk/news/av/uk- right or justice to anyone.’ 11745856/the-importance-of-the-magna- Clause 40 carta The 30 Articles of the Universal Declaration of Human Rights

Article 1: We are all born free and equal Article 2: Freedom from Discrimination Article 3: Right to Life Article 4: Freedom from Slavery Article 5: Freedom from Torture Article 6: Right to Recognition Before the Law Article 7: Right to Equality Before the Law Article 8: Right to Remedy Article 9: Freedom from Arbitrary Detention Article 10: Article 11: and International Crimes Article 12: Right to Privacy Article 13: Article 14: Right to Asylum Article 15: Right to Nationality Article 16: Right to Marry and to Found a Family Article 17: Right to Own Property Article 18: Freedom of Religion or Belief Article 19: Freedom of Opinion and Expression Article 20: Freedom of Assembly and Association Article 21: A Short Course in Democracy Article 22: Right to Social Security Article 23: Right to Work Article 24: Right to Rest and Leisure Article 25: Right to Adequate Standard of Living Article 26: Right to Education Article 27: Right to Cultural, Artistic and Scientific Life Article 28: Right to a Free and Fair World Article 29: Duty to Your Community Article 30: Rights are Inalienable- they can’t be taken away To understand what Human Rights are and What are Human Rights? how the UDHR protect rights, equalities and freedoms.

Since the end of WW2 and in the aftermath of the Holocaust many people were concerned about human rights and under the guidance of the United Nations in 1948 the Universal Declaration of Human Rights set out a list of thirty basic universal rights and protections to be granted to everyone in the world no matter their race, gender, ethnicity, social standing. These rights would then be protected worldwide by all of us. These are not legally blinding but the content has since been incorporated into the laws of many countries.

HUMAN RIGHTS OR A BRITISH BILL OF RIGHTS? Setting up of the United Nations The Human Rights Act is a UK law passed in After the horrors of WW2 an 1998. It means that you can defend your international organisation needed rights in the UK courts and that public to be established to ensure the organisations ( including the government, the future peace and security of the police and local councils) must treat world and to solve humanitarian everyone equally, with fairness, dignity and problems. The United Nations has respect. The Human Rights Act protects all of five permanent members of its us – young and old, rich and poor. security Council (UK, USA, FRANCE, RUSSIA and CHINA) who have the Hopefully you will never need to rely on it, but power of ‘veto’ over decisions every year hundreds of people do. Despite made and 10 non-permanent this, some in the government want to replace members. our Human Rights Act with a British Bill of Rights. This may potentially weaken everyone’s rights- leaving politicians to Timeline of decide when fundamental freedoms should Human Rights apply. Recently these same politicians have been accused of denying open justice, 1945 –The End of WW2 and the destroying legal aid and attacking Judicial formation of the United Nations Review. 1948–The United Nations drew up However a British Bill of Rights could restore the Universal Declaration of Human common sense to the application of human rights (set of 30 rights) rights in the UK. The Bill would remain faithful to the basic principles of human rights, which 1950 –The we signed up to in the original European produces the European Convention Convention on Human Rights. on Human Rights (ECHR) It will protect basic rights, like the right to a fair trial, and the right to life, which are an 1950 –The Council of Europe sets up essential part of a modern democratic the European court of Human Rights society. (ECtHR) But it will stop human rights law being used for more and more purposes the Bill will stop 1998 –The UK Government passes terrorist and other serious foreign criminals the Human Rights Act 1998 which who pose a threat to society from using bought all the conventions of the bogus human rights arguments to prevent ECHR in to UK law deportation. Read through the case studies. Answer the follow up questions and complete Case Studies the debate table.

Human Rights Abuses in China:

Amnesty International has evidence of widespread human rights abuses in China. An estimated 500,000 people are currently detained without any charge or trial. Harassment, house arrest and imprisonment of human defenders are on the rise in China. Censorship of the internet and the media has grown. Protests were held about China hosting the Olympic Games in 2008 and in 2022.

Follow up questions q Explain how China could improve its Human rights record. q What are the aims of Amnesty International? q Why is it important to protect Human Rights? q How can the rest of the world apply pressure on China to reform their ways?

Apartheid in South Africa For more than 40 years in South Africa, black people were denied basic human rights by the National Party, the ruling white minority. This was known as apartheid. Under apartheid, ‘Blacks’ were exploited and terrorized. All public services, such as schools and hospitals, were segregated, and those available to black people were inferior to those enjoyed by ‘Whites. Many demonstrators were killed, and leaders of the resistance movements such as the African National Congress were arrested. One such man was Nelson Mandela, who served over 27 years in prison for his anti-apartheid work.

Follow up questions q Explain how South African Apartheid laws were against human rights q Who was Nelson Mandela? q Why were Apartheid laws introduced? q What tactics did Nelson Mandela adopt to encourage change? “’Human rights should never be restricted by governments”

Argument For Arguments Against

Your personal opinion : Multiple Choice Quiz

1. How many rights are there in the Universal Declaration of Human Rights? a. 15 b. 30 c. 35

2. How many of these rights are directly protected under UK law? a. 10 b. 15 c. 25

3. When did the death penalty become illegal in the UK under domestic law? a. 1964 b. 1998 c. 2004

4. Which of the following is absolutely prohibited under international law? a. Slavery b. Death penalty (execution) c. Selling guns

5. What are Human Rights?* a. A way in which the government can monitor people b. A duty or something that people have to do c. Basic rights and freedoms accorded to all people

Which of the following statements are true:

6. Child labour by 17 year olds: A. Is always a violation of the rights of the child. B. Is a violation of the rights of the child if the task is harmful. C. Can be acceptable if the government has fixed the minimum working age to be under 17.

7. Elections: A. The voting must be performed secretly. B. All citizens are allowed to vote, even if they have lost their rights due to criminal activity. C. Two votes for each person are allowed if the voter is an employer. A. Is not forbidden if the punishment is mentally cruel. 8. Punishment of children in schools: C. May only be used if parents agree. B. Is not allowed in the form of corporal punishment.

9. At school: A. There shouldn’t be any attention given to environmental issues. B. Young children should not be taught to respect their parents. C. Young children should learn about human rights and experience human rights. Longer Question

Q10. Using examples, explain how the UK government protects and upholds Human Rights (4 marks) ------[ /4]

Further revision activities

These videos will help you revise Human Rights or the Magna Carta. https://www.youtube.com/watch?v=6XXGF_V8_7M&t=141s https://www.youtube.com/watch?v=nDgIVseTkuE&t=11s

https://www.youtube.com/watch?v=7xo4tUMdAMw https://www.youtube.com/watch?v=XTWQzF1027I

Create a mind map about the Magna Carta and Human Rights.

Use the following questions to make flashcards 1. In what year and by which organisation was the UDHR Formed? 2. Describe one pressure group or international organisation that protects human rights and how it does this. [4 Marks] 3. ‘The United Nations have alot to consider before responding to a humanitarian crisis?’ Evaluate the statement [6 Marks] If you’re struggling to watch the video read the alternative view point below taken from a BBC News report.

And Mark Juddery, author of Overrated: The 50 Most Overhyped Things in History, argues that the interpretation of the charter over the centuries as a call for freedom is not the reality of the original document.

"What Magna Carta now means is great, but it did not have such lofty ideals at all," he says. "It was great if you were a nobleman because it gave you the right to land. They really didn't like paying rent. "That was the main reason they formulated Magna Carta. It wasn't really a case of this feeling that there should be a lot more freedom and that everyone should be equal. There was nothing about King John's numerous acts of cruelty and murder." Indeed, the majority of the clauses in the original document were focused on rights relating to the barons. And of the 63 clauses, only three have not now been repealed or become obsolete. The most famous of these is: "No free man shall be seized or imprisoned, or stripped of his rights or possessions, or outlawed or exiled. Nor will we proceed with force against him. Except by the lawful judgement of his equals or by the law of the land. To no one will we sell, to no one deny or delay right or justice." Despite that clause being the touchstone for countless causes related to , it was afforded no real prominence and was buried deep in the document. "It's interesting that the key one which says 'no free man be seized or imprisoned' was not even for everybody," says Dr Claire Breay, who is lead curator of Medieval manuscripts at the British Library. "There were more freemen than barons but the majority of the population were the unfree peasantry, so the majority were not directly affected by Magna Carta in 1215."