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Question- write down the meaning of human
rights origin and development?
Answer- Human rights are rights inherent to all human beings, regardless of our nationality, residence, sex, sexual orientation and gender identity, national or ethnic origin, colour, religion, language or any other status. We are all equally entitled to our human rights without discrimination. This is the modern concept of our fundamental rights but it was not always this way. The belief that everyone, by virtue of her or his humanity, is entitled to certain human rights is fairly new and is something stemming from an evolution of the consideration of human dignity over the last centuries. Its roots lie in earlier tradition and documents of many cultures. The origin of Human Right is ideally pinpointed to the year 539 BC. When the troops of Cyrus the Great conquered Babylon. Cyrus freed the slaves, declared that all people had the right to choose their own religion, and established racial equality. These and other principles were recorded on a baked-clay cylinder known as the Cyrus Cylinder, whose provisions served as inspiration for the first four Articles of the Universal Declaration of Human Rights. Another cornerstone in Human Rights History is represented by the promulgation of the Magna Charta in 1215 which introduced a raw concept of “Rule of Law” and the basic idea of defined rights and liberties to all persons, which offers protection from arbitrary prosecution and incarceration. Before the Magna Charta, the rule of law, now considered as a key principle for good governance in any modern democratic society, was perceived as a divine justice, solely distributed by the monarch or the king or, in this case, King John of England. An evolution of the concepts expressed by the Magna Carta is represented by the English Bill of Rights. It was an act signed into law in 1689 by William III and Mary II, who became co-rulers in England after the overthrow of King James II. The bill outlined specific constitutional and civil rights and ultimately gave Parliament power over the monarchy. Many experts regard the English Bill of Rights as the primary law that set the stage for a constitutional monarchy in England. It’s also credited as being an inspiration for the U.S. Bill of Rights (1791). Queston- what do you mean by classification of human rights.? Answer- Classification of Human Rights Human rights are inherent and interdependent on each other and so there are not many different kinds of human rights. All these rights are equally important and inherent in all human beings, irrespective of their age, sex, caste, creed, race, religion, location, or nationality. The Universal Declaration of Human Rights did not precisely categorise human rights but mentioned 2 kinds:
Civil and political rights
Economic, social, and cultural rights
Theoretical classification of human rights
1.Civil and political rights The rights that protect the life and personal liberty of a person are called civil rights. They are necessary to maintain the dignity of a person. These include rights like the right to life, liberty and security of a person, the right to privacy, the right to own property, freedom of thought, religion and movement. Political rights are such rights that allow a person to participate in governmental activities. These include rights like the right to vote and the right to be elected. The nature of such rights is different, but they are interrelated to each other. Both these rights are covered in the international.
2.Fundamental rights Some human rights are guaranteed to the citizens of the state through constitutional provisions and cannot be infringed upon at any cost, even by the state authorities. These are termed as fundamental rights. The expression ‘fundamental rights’ is stated in declarations and constitutional provisions of many states.
The Indian Constitution guarantees six fundamental rights to the citizens of
the country. These are:
Right to Equality
Right to freedom Right to religion Cultural and educational rights Right against exploitation Right to constitutional remedies
3. Natural rights The history of human rights is rooted in ancient times and the philosophical concepts of natural law and thus, also termed natural rights. Natural rights have been derived from natural law which opines that law must reflect moral reasoning and must be related with morals imbibed in a person or set by the society.
4. Human rights
Human rights that determine the spiritual and moral conduct of a person are termed moral rights. They are primarily contained in moral rights as they highlight various moral values that cannot be highlighted by any set of institutional rights. They promote moral values like respect for everyone, brotherhood, secularism, protection of life, peace in society, etc. Human rights also put moral obligations on the state and people not to violate and infringe on the rights of other people. If done so, it will be punished as per the provisions of the set statute.
5. Legal rights The rights that are recognised by the legal system of a country are called legal rights. The two essential elements of these rights are:
The holder of the right, and
A person bound by duty. Rights and duties are correlated to each other. A person cannot have a right without any corresponding duty. A person having a right also has a duty not to violate another person’s rights.
6. Economic rights, cultural Rights and social rights
These rights are also called freedoms and guarantee a person the minimum necessities of life. These form a part of positive rights as the state is required to frame policies and provisions to implement such rights. These rights are based on the concept of social equality and are second-generation rights. These rights include the right to work, social security, physical and mental health, and education. The various economic, cultural, and social rights recognised by the Universal Declaration of Human Rights are as follows.
