The Second World War and Human Rights | AQA A-Level Law

For Specification 7162

AQA A-Level Law | Free Revision Notes

Estimated study time: 30 minutes

The Second World War and Human Rights A-Level Law revision introduces the historical setting for the development of modern international Human Rights protection. AQA specifically requires knowledge of the Second World War and its aftermath before students move on to the United Nations, the Universal Declaration of Human Rights 1948 and the European Convention on Human Rights 1953. The key examination skill is to understand this as the historical context from which international Human Rights protection developed, then connect that background to the later international instruments required by the specification.

Learning Objectives 🎯

By the end of this revision page, you should be able to:

• Explain the significance of the Second World War and its aftermath within the development of Human Rights law.

• Describe the Second World War as the historical context for the development of post-war international Human Rights protection.

• Explain the chronological relationship between the Second World War, the United Nations and the Universal Declaration of Human Rights 1948.

• Explain how this development leads into the Council of Europe and European Convention on Human Rights 1953.

• Connect the post-war development of Human Rights protection with the fundamental rights studied elsewhere in the AQA course.

Revision Notes 📚

What does AQA require you to know?

Under Human Rights in international law, the AQA specification requires three connected areas:

1. The Second World War and its aftermath

2. The United Nations and the Universal Declaration of Human Rights 1948

3. The Council of Europe and the European Convention on Human Rights 1953.

This sequence matters.

AQA presents the Second World War and its aftermath as the historical starting point for the international Human Rights material studied on the course.

The course then moves from that context to:

Second World War and aftermath → United Nations and UDHR 1948 → Council of Europe and ECHR 1953

The later stages are studied in international Human Rights protection through the UN [Lesson 166. The United Nations and UDHR] and European Human Rights protection [Lesson 167. Council of Europe and ECHR].

An important specification boundary

AQA requires knowledge of “The Second World War and its aftermath”, but the specification does not identify particular wartime events, individuals, military campaigns or specific atrocities which students must learn.

The provided AQA examiner materials also do not give a prescribed list of detailed Second World War events for this part of the course.

Therefore, for AQA 7162, the safest focus is the one explicitly established by the specification:

The Second World War and its aftermath provide the historical context for the development of international Human Rights protection.

You should not turn this part of A-Level Law into a detailed history lesson unless additional AQA material specifically requires that detail.

The position before studying international protection

The previous lessons have considered Human Rights theoretically.

You have studied:

• theories of rights

• rights and liberties

• the scope of fundamental Human Rights.

In fundamental Human Rights [Lesson 164. Fundamental Human Rights], the focus was on why some interests may deserve a special or fundamental level of protection.

Lesson 165 changes the focus.

The question now becomes:

How did protection of Human Rights develop at an international level?

AQA begins the answer with the Second World War and its aftermath.

Why is the Second World War significant to this topic?

Within the AQA course, the significance of the Second World War is that it forms the historical background to the development of the international Human Rights structures which followed.

AQA's sequencing shows a clear progression:

1. the Second World War and its aftermath

2. the United Nations

3. the Universal Declaration of Human Rights 1948

4. the Council of Europe

5. the European Convention on Human Rights 1953.

The Second World War should therefore be understood as a turning point in the historical development of international Human Rights protection.

The examination point is not simply:

“The Second World War happened before the ECHR.”

The stronger understanding is:

The aftermath of the Second World War forms the historical setting in which international and European systems of Human Rights protection developed.

From Human Rights theory to international protection

This historical development connects closely to the earlier theory lessons.

Human Rights theory considers ideas such as:

• fundamental rights

• universal protection

• protection of individuals

• rights which should not depend simply upon the wishes of a particular government.

The post-war international development of Human Rights placed the protection of rights within an international framework, rather than leaving the entire subject only within individual domestic legal systems.

For AQA, this international strand is represented first by the United Nations and Universal Declaration of Human Rights 1948, and then at European level by the Council of Europe and European Convention on Human Rights 1953.

Understanding the word “aftermath”

AQA does not require the Second World War to be studied in isolation. The specification says:

“The Second World War and its aftermath.”

The aftermath is particularly significant because that is where the course moves into the development of international Human Rights protection.

The relevant sequence is chronological:

Stage	AQA significance
Second World War	Historical context for the international Human Rights topic
Aftermath of the war	Context in which post-war Human Rights protection developed
1948	Universal Declaration of Human Rights
1953	European Convention on Human Rights

This chronological structure is worth learning because it prevents you from treating the United Nations, UDHR and ECHR as unrelated institutions and documents.

The United Nations and the post-war development of Human Rights

The next stage AQA specifies is the United Nations together with the Universal Declaration of Human Rights 1948.

For this lesson, you do not yet need the detailed role of the United Nations or a detailed explanation of the Universal Declaration. Those are the focus of the United Nations and UDHR [Lesson 166. The United Nations and UDHR].

What you should understand now is their place in the historical sequence:

Second World War → post-war period → United Nations and UDHR 1948

This shows that the development of international Human Rights protection was part of the aftermath which AQA requires you to understand.

The Universal Declaration of Human Rights 1948

AQA specifically identifies the Universal Declaration of Human Rights 1948 as part of the international Human Rights content immediately following the Second World War and its aftermath.

The date is therefore worth learning:

1948 = Universal Declaration of Human Rights

At this stage, its importance is chronological and developmental. It forms the next stage in the AQA sequence after the Second World War.

The detailed nature and significance of the Declaration are considered in the following lesson.

The European development

AQA then moves from international protection through the United Nations to protection at a European level.

The next specified development is:

• the Council of Europe

• the European Convention on Human Rights 1953.

This produces another important progression:

Second World War → UDHR 1948 → ECHR 1953

Again, the full role of the Council of Europe and the Convention belongs in the Council of Europe and ECHR [Lesson 167. Council of Europe and ECHR].

For Lesson 165, the key point is that these institutions and documents form part of the post-war development of international and European Human Rights protection.

From international Human Rights to the rights studied by AQA

The historical material is not separate from the substantive Human Rights law studied later.

AQA requires students eventually to study Convention protection concerning:

• Article 2, the right to life

• Article 5, liberty and security of person

• Article 8, private and family life, home and correspondence

• Article 10, freedom of expression

• Article 11, peaceful assembly and association.

The historical strand therefore explains the setting from which the European Human Rights framework studied later in the course developed.

A useful way to visualise the course is:

Historical context

Second World War and aftermath

↓

International development

United Nations and UDHR 1948

↓

European development

Council of Europe and ECHR 1953

↓

Specific Convention rights

Articles 2, 5, 8, 10 and 11

Why international protection matters conceptually

The previous lessons considered Human Rights as rights which may be regarded as fundamental.

The post-war development identified by AQA moves that idea into the field of international law.

This creates an important conceptual connection:

fundamental Human Rights → international recognition and protection

The course therefore moves from asking:

Why should certain rights be regarded as fundamental?

to asking:

How did systems for recognising Human Rights develop internationally?

This is why Lesson 165 sits between fundamental Human Rights [Lesson 164. Fundamental Human Rights] and the United Nations and UDHR [Lesson 166. The United Nations and UDHR].

Human Rights and morality

The historical development of Human Rights can also connect to the wider AQA topic of law and morality.

AQA's 2023 examiner report noted that students sometimes made only generic references to Human Rights law developing following the Second World War when asked how Human Rights law reflects morality. Those generic references did not develop the substantive part of the answer effectively.

Better responses connected Human Rights with particular protected interests, including:

• life

• liberty

• freedom of expression

and considered their relationship with a moral view that human beings should be treated as equal and that important aspects of human life should be protected.

This is useful examination guidance.

Knowing that Human Rights law developed in the aftermath of the Second World War is important historical knowledge, but it should not be used as a substitute for explaining the particular Human Right actually raised by a question.

What should you actually remember?

For this lesson, the essential AQA knowledge can be condensed into four points:

1. The Second World War and its aftermath are expressly required by AQA as part of Human Rights in international law.

2. The war provides the historical context for the post-war development of international Human Rights protection.

3. The next development specified by AQA is the United Nations and Universal Declaration of Human Rights 1948.

4. This is followed by the Council of Europe and European Convention on Human Rights 1953.

You therefore need to understand the developmental sequence, rather than memorising unsupported detail about the history of the war.

AQA Human Rights timeline

Historical stage	What AQA requires
Second World War	Understand its significance as part of the historical context of Human Rights
Aftermath of the Second World War	Understand the setting for the development of international Human Rights protection
1948	United Nations and Universal Declaration of Human Rights
1953	Council of Europe and European Convention on Human Rights

📌 Memory tip: Think War → UN → Europe.

That gives you the structure before you add the detail from the next two lessons.

Using this material in an examination

Historical Human Rights knowledge should be used selectively and accurately.

If a question asks directly about the international development of Human Rights, you could structure your explanation chronologically:

1. identify the Second World War and its aftermath as the historical context

2. connect the aftermath to the development of international Human Rights protection

3. identify the United Nations and UDHR 1948

4. identify the later European development through the Council of Europe and ECHR 1953.

If a question instead asks about a specific Human Right, such as Article 2 or Article 10, a lengthy historical account would usually distract from the legal issue.

The 2023 examiner report is particularly helpful here. Students who relied on generic comments about Human Rights developing after the Second World War did less well than students who addressed the specific Human Rights relevant to the question.

Key Words 🔑

Key word	Student-friendly definition	How it may be used in an exam
Second World War	The historical starting point identified by AQA for the development of modern international Human Rights protection.	Explain the historical context from which post-war Human Rights protection developed.
Aftermath	The period following the Second World War in which AQA places the development of international Human Rights protection.	Connect the war to the later United Nations, UDHR and European developments.
International Human Rights	Human Rights considered and protected through international arrangements rather than solely within one domestic legal system.	Explain the direction of Human Rights development following the Second World War.
Universal Declaration of Human Rights	The 1948 Declaration specified by AQA as part of post-war international Human Rights development.	Place the UDHR correctly within the historical sequence.
European Convention on Human Rights	The 1953 Convention specified by AQA as the European Human Rights framework studied on the course.	Connect the post-war historical development to the Convention rights studied later.

Hints from the Examiner Reports 💡

Examiner hint: Do not use “Human Rights developed after the Second World War” as a vague sentence which replaces the legal analysis a question requires. The 2023 examiner report identified answers which did this without developing the relevant substantive Human Rights law.

Examiner hint: When a question requires you to connect wider ideas with Human Rights, use specific protected rights rather than discussing Human Rights only in general terms. The 2023 report praised answers which connected the underlying values of Human Rights with rights such as life, liberty and freedom of expression.

Examiner hint: Historical context is useful when it is relevant, but it should remain proportionate to the question. AQA's report shows that simply referring to the post-war development of Human Rights is not enough when the question requires analysis of particular legal rights.

Common Mistakes ⚠️

Mistake: Treating the Second World War as an unrelated history topic

Why this is incorrect: AQA places the Second World War and its aftermath specifically within Human Rights in international law.

How to improve: Always connect the war and its aftermath to the later development of international Human Rights protection.

Mistake: Memorising detailed wartime history which AQA does not specify

Why this is incorrect: The specification requires “The Second World War and its aftermath” but does not identify particular battles, individuals or wartime events which students must learn for this part of A-Level Law.

How to improve: Keep your revision focused on the significance of the war as the historical context for the development of international Human Rights protection.

Mistake: Forgetting the chronological order

Why this is incorrect: The post-war developments form a clear sequence in the specification.

How to improve: Remember:

Second World War → UDHR 1948 → ECHR 1953

Mistake: Confusing the UDHR with the ECHR

Why this is incorrect: AQA identifies them separately. The Universal Declaration of Human Rights is dated 1948, while the European Convention on Human Rights is dated 1953 in the specification.

How to improve: Learn both the names and the dates before moving on to their detailed roles.

Mistake: Using historical context instead of substantive Human Rights law

Why this is incorrect: An Article 2, Article 5, Article 8, Article 10 or Article 11 question requires the relevant legal rules, not simply a discussion of how Human Rights developed after the war.

How to improve: Use the Second World War as context only where it helps answer the question, then move to the specific Human Rights rules required.

Exam-Style Questions ✍️

Question 1

Which event does AQA identify as the starting historical context for its study of Human Rights in international law?

A. The enactment of the Human Rights Act 1998

B. The Second World War and its aftermath

C. The creation of the European Union

D. The enactment of the European Communities Act

[1 mark]

Question 2

State the year of the Universal Declaration of Human Rights identified in the AQA specification. [1 mark]

Question 3

State the year of the European Convention on Human Rights identified in the AQA specification.

[1 mark]

Question 4

Explain the significance of the Second World War and its aftermath within the AQA study of international Human Rights law.

[4 marks]

Question 5

Place these developments in the correct chronological order:

• European Convention on Human Rights 1953

• Second World War and its aftermath

• Universal Declaration of Human Rights 1948

[3 marks]

Question 6

Explain how the Second World War and its aftermath connect to the two later stages of international Human Rights protection specified by AQA.

[5 marks]

Question 7

A student writes the following answer to a question about Article 10:

“Human Rights became important after the Second World War, so the claimant's freedom of expression has been breached.”

Explain why this is an inadequate legal argument.

[5 marks]

Question 8

Explain the historical development of international Human Rights protection required by the AQA specification, beginning with the Second World War and its aftermath.

[8 marks]

Answers and Mark Scheme

Question 1: [1 mark]

B. The Second World War and its aftermath.

Question 2: [1 mark]

1948.

Question 3: [1 mark]

1953.

Question 4: [4 marks]

Indicative content:

• AQA places the Second World War and its aftermath within Human Rights in international law.

• It provides the historical context for the post-war development of international Human Rights protection.

• The specification then moves to the United Nations and Universal Declaration of Human Rights 1948.

• It subsequently moves to the Council of Europe and European Convention on Human Rights 1953.

Question 5: [3 marks]

Award 1 mark for each correctly placed stage:

1. Second World War and its aftermath

2. Universal Declaration of Human Rights 1948

3. European Convention on Human Rights 1953

Question 6: [5 marks]

Indicative content:

• The Second World War and its aftermath provide the historical starting point required by AQA.

• The next specified development is international Human Rights protection through the United Nations.

• AQA specifically identifies the Universal Declaration of Human Rights 1948.

• The specification then moves to European Human Rights protection through the Council of Europe.

• This leads to the European Convention on Human Rights 1953.

Question 7: [5 marks]

Indicative content:

• The statement provides only general historical context.

• It does not explain Article 10.

• It does not identify what freedom of expression protects.

• It does not apply the relevant Human Rights rules to the claimant's situation.

• Historical development following the Second World War cannot itself establish that a particular Convention right has been breached.

Question 8: [8 marks]

Indicative content may include:

• The Second World War and its aftermath as the historical context required by AQA.

• Recognition that AQA places this within Human Rights in international law.

• Explanation that the post-war period is connected to the development of international Human Rights protection.

• Identification of the United Nations as the next stage specified by AQA.

• Identification of the Universal Declaration of Human Rights 1948.

• Identification of the Council of Europe as the next European development.

• Identification of the European Convention on Human Rights 1953.

• Explanation that this historical sequence provides the framework from which the specific Convention rights studied later in the course are considered.

A strong answer should demonstrate the chronological and developmental relationship between these stages rather than providing unrelated descriptions of each one.