HUMAN RIGHTS: MEANING,
CONCEPT, NATURE AND DEVELOPMENT.
Human rights are the basic and fundamental rights that
belong to every human being by virtue of being human. They are essential for
ensuring human dignity, freedom, equality and justice in society. The idea of
human rights has developed over centuries through philosophical thought, social
movements and historical struggles against oppression and injustice. In the
modern era, human rights have received universal recognition through
international instruments adopted by the United Nations. The Universal Declaration of Human Rights and
subsequent international covenants have played a vital role in transforming
human rights from moral ideals into legally recognized and protected rights at
the international level.
Human rights are the basic rights and freedoms that every person has simply because they are human beings.
These rights are enjoyed by all people without
any discrimination based on nationality, race, religion, caste, sex or
political opinion.
The main aim of human rights is to ensure that
every person can live with dignity, freedom
and equality.
According to the Protection
of Human Rights Act, human rights mean the rights relating to life, liberty, equality and dignity of the
individual which are:
1. Guaranteed
by the Constitution of India, or
2. Included
in international human rights covenants,
and
3. Enforceable by courts in India.
The concept of human rights is based on the idea that all human beings are born equal and possess
inherent dignity. These rights are not given by the State; they exist from birth and are a natural part of
being human.
The duty of the State is not to create human rights, but to:
1. Recognize them,
2. Respect them, and
3. Protect them through laws and
institutions.
Human rights are both:
1. Moral rights, because they are based on
values like justice and humanity, and
2. Legal rights, because they are protected
by national constitutions and international laws.
Initially, human rights existed only as moral principles in philosophy. Over
time, they developed into legal rights
that can be enforced at national and
international levels.
The nature of human rights can be understood through the following essential
characteristics:
Human rights are inherent, meaning they belong to every person from birth. They are inalienable, which means they cannot be taken away or transferred,
except according to procedure established by law. No authority can arbitrarily
deny these rights.
Human rights are universal in nature. They apply to all human beings everywhere, without any
discrimination on the grounds of race, religion, caste, sex, nationality or
political opinion.
All human rights are equally important and interconnected. Civil and political rights cannot be
fully enjoyed without economic, social and cultural rights, and vice versa. The
denial of one right affects the enjoyment of others.
Human rights are not merely moral ideals; they
are legally enforceable. In
modern legal systems, these rights are protected by constitutions, courts and human rights institutions,
both at the national and international levels.
Human rights are dynamic and evolving. Their scope and content change
with social, economic and political
developments, allowing new rights to emerge in response to changing
needs of society.
The development of human rights is a slow and continuous process shaped by
historical events, social struggles and philosophical ideas. Over time, the
idea of protecting human dignity evolved into legal rights.
In the early period, ideas related to justice
and rights existed in different civilizations.
1. The
Code of Hammurabi contained rules
to ensure justice and social order.
2. Greek philosophy emphasized reason,
equality and justice.
3. Roman law contributed ideas of legal
rights and duties.
4. In
India, the Edicts of Ashoka
promoted values such as non-violence, tolerance and welfare of people.
During the medieval period, the Magna Carta (1215)
played a significant role by limiting the
absolute powers of the King and recognizing certain legal rights of
individuals. It laid the foundation for the rule of law.
The modern period marked the recognition of natural and individual rights.
1. The
American Declaration of Independence
(1776) proclaimed that all men are created equal and are entitled to life,
liberty and happiness.
2. The
French Declaration of the Rights of Man
and Citizen (1789) emphasized liberty, equality and fraternity and
recognized the rights of citizens against the State.
These declarations strongly influenced
constitutional and democratic developments across the world.
The twentieth century witnessed massive violations of human rights,
especially during the First and Second World Wars. These atrocities made it
clear that human rights required international
protection.
As a result:
1. The
United Nations was
established in 1945.
2. International
human rights instruments such as the Universal
Declaration of Human Rights (1948) were adopted to protect human
dignity globally.
This period marked the beginning of international human rights law.
Thus, the development of human rights moved from moral ideas in ancient times to legal rights at national and international levels.
Today, human rights are recognized as essential for ensuring dignity, freedom
and justice for all human beings.
F International Bill of Human
Rights
The International Bill of Human Rights
is a group of important international human
rights documents adopted by the United Nations to promote and protect
human rights all over the world. Together, these instruments set common
standards for the dignity, freedom and equality of all human beings.
The International Bill of Human Rights consists
of the following three instruments:
1.
Universal Declaration
of Human Rights (UDHR)
2.
International Covenant
on Civil and Political Rights (ICCPR)
3.
International Covenant
on Economic Social and Cultural Rights (ICESCR)
These instruments together cover civil, political, economic, social and cultural
rights, ensuring comprehensive protection of human rights.
1. It
provides a universal standard of human
rights applicable to all countries.
2. It
transforms human rights from moral ideals
into legal obligations.
3. It
guides national constitutions, laws and judicial decisions across the world.
The present study mainly focuses on:
1. The
Universal Declaration of Human Rights
(UDHR), and
2. The
International Covenant on Civil and Political
Rights (ICCPR) along with its Optional
Protocol I and Optional Protocol II.
These instruments play a crucial role in
recognizing and protecting civil and
political rights at the international level.
The Universal Declaration of Human Rights
was adopted by the United Nations General
Assembly on 10 December 1948.
It was adopted in response to the large-scale human rights violations during
the Second World War.
Although the UDHR is not legally binding, it has great moral, political and customary value. It serves as
the foundation for modern international human rights law.
1. The
UDHR consists of 30 Articles.
2. It
recognizes both civil and political rights
as well as economic, social and cultural rights.
3. It
applies universally to all human beings,
without any discrimination.
4. It
emphasizes human dignity, equality and
freedom.
1. Right
to life, liberty and security (Article 3)
2. Equality
before law (Articles 6 & 7)
3. Freedom
from torture and slavery (Articles 4 & 5)
4. Freedom
of speech, religion and movement (Articles 18 to 19)
5. Right
to work, education and social security (Articles 22 to 26)
The UDHR laid the foundation for
future binding human rights treaties, including the International
Covenants on Human Rights. Many national constitutions and laws have been
inspired by its principles.
The International Covenant on Civil and Political Rights was adopted by the United Nations General Assembly in 1966 and came into force in 1976. It gives binding legal force to the civil and political rights already recognized in the Universal Declaration of Human Rights (UDHR).
It gives binding legal force to civil and political rights recognized in the
UDHR.
The ICCPR guarantees several important civil and
political rights, including:
1. Right to life (Article 6)
2. Freedom from torture, cruel, inhuman or degrading
treatment, and protection against arbitrary
arrest and detention
3. Right to a fair trial and equality before courts
4. Freedom of expression, peaceful assembly and
association
5. Right to vote and take part in public affairs
These rights are essential for the protection of individual liberty and democratic governance.
The ICCPR strengthens the international human
rights system by making civil and political rights enforceable obligations and by providing international
supervision through the UN Human Rights Committee.
1. Allows
individuals to submit complaints to the UN Human Rights Committee against
States Parties
2. Strengthens
enforcement of civil and political rights at the international level
1. Aims
at the abolition of the death penalty
2. Recognizes
abolition as essential for human dignity and the right to life
3. Allows limited reservation during wartime
The
Optional Protocols to the ICCPR play a vital role in strengthening human rights
protection by:
Human rights are inherent and universal rights that belong to every human being by virtue of being human. They are essential for ensuring dignity, equality and freedom. Over time, human rights evolved from moral and philosophical ideas into legally enforceable rights through national constitutions and international law. The adoption of the Universal Declaration of Human Rights provided a common moral standard for all nations, while the International Covenant on Civil and Political Rights and its Optional Protocols transformed these principles into binding legal obligations. Together, they form the foundation of modern international human rights protection and promote justice, democracy and respect for human dignity worldwide.