Unit 1 HR

UNIT 1 HUMAN RIGHTS
INTRODUCTION
The term Human Rights denotes all those rights which are inherent in their nature and
without which we cannot live as human beings. Human Rights being eternal part of the
nature of nature of human beings. The human rights are classified into three categories which
include:
Human Rights incorporated in the
1. International Convent on Civil and Political Rights, 1966,
2. the International Covenant on Economic Social and Cultural Rights 1966 and
3. Collective Rights 1966.
The conception of Human Rights is not very modern, though it appears to be so. It has
developed through different stages in human history.
 In the earliest stages, the concept and benefits of Human Rights remained primarily
confined to the higher classes of people.
 Later, the bill of rights, 1689 declared certain freedom available to all citizens. In its
declaration of independence, 1776 the United States of America has declared certain
unalienable rights as human rights.
 After the French Revolution, it was declared that " all men are born free, they remain
free and have equal rights". The concept of human right is a part of International
Law
MEANING OF HUMAN RIGHTS

The Term "Human Rights" denotes all those rights which are inherent in their nature and
without which we cannot live as human beings. The Human Rights being eternal part of the
nature of human beings are essential for the development of individual personality and
human qualities, the intelligence, talent and consciences and to enable them to satisfy the
spiritual and other higher demands.
Human Rights are derived from the principle of Natural Law. They are neither derived from
the social order nor conferred upon the individual by the society.
Human rights are the rights that a human being has in virtue of whatever characteristics he
has that are both specifically and universally human.
ORIGIN AND DEVELOPMENT OF HUMAN RIGHTS
HISTORICAL BACKGROUND
The origin and development of Human Rights has been on two bases, the first is the National
and the second is International.
On the National base, the conception of human rights got its breed to originate and develop in
the form of religion in different countries and in different times. The conception may be felt
to originate in the ideas of Mercy, Kindness and Pity on human beings in various scriptures.
The origin of human rights can be traced back to the times of Ancient Greece. In Antigone, A
Greek play, human rights are recognized as the natural rights of man.
Antigone's Brother, while he was rebelling against the king, was killed and his burial was
prohibited by the King. Antigone buried her brother in defiance of the king's prohibitory
order. She was arrested. Her defense was that she had acted in accordance with "Immutable
unwritten laws of heaven” which, even the king, had no authority to break. According to
some Scholars, the concept of Human Rights lies in the Ideology of Natural law.
Stoic Philosophy developed the "Natural Law Theory" and explained the nature of Human
Rights First.
According to Stoic Philosophy, Human Rights were such a rights which every human being
possesses by virtue of being a Human. But, it is said that even before the formulation of
natural law theory, the Greek City States original enjoy the same basic rights like-
(i) the freedom of speech (Isogoria)
(ii) the right to equality before the law (Isonomia) and
(iii) the right to equal respect for all (Isotimia)
The theory of natural law was formulated after The breakdown of the Greek city States.
Stoic philosophers claim that the principles of Natural Law were universal in their
application. The principles of natural over Universal throughout the world.
Cecero (106-43 BC) also believe that the Natural Law theory for the universal acceptation,
and unchanging and everlasting.
MIDDLE AGES
During the era, notable thinkers like Albert (1079-1142) and Thomas (1224-1274) developed
the Theory of Natural Law as a higher Principle of Law to be derived from reason. But,
neither of the two make the human personality as the main focus of law and social life.
Thomas Aquinas believed in and favored the existence of slavery. More emphasis was laid
on the development of the principle of sovereignty and not on the development of the theory
of human rights.
Swain J.E notes "this approach later one become one of the greatest obstacles to the law
relating to the protection of human rights"
During the Renaissance there began a steady decline of feudalism. New beliefs replaced the
old beliefs. because of the Renaissance movement, there arose a concept of individual
freedom out of the natural law. Ideas like Liberty, equality right to private property were
slowly begin accepted. This change was a consequence of the ideology of Aquinas (1224-
1274), Hugo and Grotius and others including the proclamation of Magna Carta (1215). The
Magna Carta (1215) is often considered to be the source of Human Rights. However, it is not
really so. The Magna Carta was only a deed of compromise upon the allotment of powers
between King John and his subjects. The British Parliament had fought against the King and
out of this struggle had emerged the bill of rights. In the Bill of rights there is no specific
mention of Human Rights though the bill of rights contains certain matters which relate to
human rights. The American Declaration of Independence, 1776 has clearly declared that all
human beings are equal.
At the end of the 18th century and in the beginning of 19th-century certain laws, eliminating
the institution of slavery were passed. The League and Nations has put a ban on slavery in
1926.The Red Cross was established in 1863 for the protection of human rights
In the charter of the league of nations are there was no provision for human rights. the
Charter had directed its member States to adopt a humanitarian approach in all matters
relating to women and children.
AFTER THE FIRST WORLD WAR

After the First World War was over, some attempts were made to promote and universalizes
Human Rights. The Treaty of Versailles was entered into but it did not have any impact. This
Treaty was entered into because it was felt that the rights of individuals must be protected
against violation by one's own country. A private organization, Institute of International Law,
took steps to formulate the provisions of Human Rights.
AFTER THE SECOND WORLD WAR

During the Second World War the world had seen the horror of War and unleashing of
nuclear weapons made future wars seem much more dangerous and dreadful. Development to
become an important Agenda of the post Second World War International community.
At the San Francisco conference held on 25th 26th June 1945, the charter of the United
Nations was finalized. In this charter, there were incorporated numerous provision relating to
the protection and promotion of Human Rights.
The Universal Declaration of Human rights was adopted by the United Nations General
Assembly on 10th December 1948. This paved the way for the preparation of other
documents on human rights like International Covenant on civil and political rights,1966, and
the International Covenant on economic social and cultural rights 1966.

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UNIT 1 HUMAN RIGHTS

MEANING OF HUMAN RIGHTS

(ii) the right to equality before the law (Isonomia) and

(iii) the right to equal respect for all (Isotimia)

AFTER THE FIRST WORLD WAR

AFTER THE SECOND WORLD WAR

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