Human Rights
“All human beings are born free and equal in dignity and rights.
They are endowed with reason and conscience and should act
towards one another in a spirit of brotherhood.”
– Universal Declaration of Human Rights, Article 1
Historical Evolution of Human Rights
• Ancient Roots: Early notions of rights can be found in the Code of
Hammurabi (circa 1754 BCE), which established standards of justice.
• Magna Carta (1215): This English charter limited the powers of the
monarchy and established rights for citizens, influencing the development of
constitutional law.
• Age of Enlightenment (17th-18th Century): Philosophers like John Locke, M.
de Voltaire, Jean-Jacques Rousseau, and Immanuel Kant emphasized natural
rights, liberty, and equality.
• Modern Era: Post World War II, the Universal Declaration of Human Rights
(UDHR) was adopted by the United Nations in 1948, establishing a
comprehensive framework of human rights.
The Code of Hammurabi
― One of the earliest and most well-preserved legal codes in human
history.
― Composed during 1755–1750 BC and inscribed on a large stone stele.
― Established by Hammurabi, the sixth king of the Babylonian Empire, to
consolidate the diverse laws of his kingdom and ensure justice.
― Contains 282 laws, covering a range of issues such as property rights,
trade, family law, and criminal justice.
The Code of Hammurabi
Key features of the Code include:
• Justice Based on Social Hierarchies: Punishments often varied
depending on the offender's and victim's social status, reflecting
a stratified society.
• Principle of Retaliation ("Lex Talionis"): The code is famous
for the "eye for an eye" principle, emphasizing proportionate
punishment.
• Protective Measures: The laws included provisions to protect
vulnerable groups such as widows, orphans, and debtors.
The Magna Carta (1215)
― Landmark document in the history of constitutional law.
― Originally issued by King John of England under pressure
from rebellious barons, who sought to limit the king's
power and protect their own privileges.
― Established the principle that the king was not above the law
and laid the foundation for individual rights.
The Magna Carta (1215)
Key elements of the Magna Carta:
• Protection of Feudal Rights: It granted specific rights to barons
and the Church, safeguarding their privileges.
• Due Process of Law: It introduced concepts like the right to a
fair trial and protection from arbitrary imprisonment.
• Taxation with Representation: The king agreed to consult his
barons before imposing or collecting taxes.
• Rule of Law: The document emphasized accountability for all,
including the monarch.
The Age of Enlightenment (17th-18th Century)
― Also known as the Age of Reason, was an intellectual and
cultural movement in Europe
― Emphasized reason, science, individualism, and skepticism
of traditional authority, such as monarchy and the Church.
― Enlightenment thinkers sought to challenge dogma and
promote progress, liberty, and the application of rational
thought to societal issues.
The Age of Enlightenment (17th-18th Century)
• John Locke: Advocated for natural rights (life, liberty,
property) and the idea of government by consent.
• Voltaire: Championed freedom of speech and religion.
• Jean-Jacques Rousseau: Promoted the concept of the
social contract and the idea of popular sovereignty.
• Immanuel Kant: Advocated for liberty and equality.
John Locke's Natural Rights
― Widely regarded as one of the most influential Enlightenment
thinkers and commonly known as the "father of liberalism.”
― He emphasized that all individuals are born with certain inalienable
rights.
Natural Rights (Universal rights and not granted by governments):
Life: The right to live and be free from harm.
Liberty: The freedom to act and make choices without oppression.
Property: The right to own and control possessions obtained through
lawful means.
Voltaire: Advocate for Freedom of Speech and Religion
Freedom of Speech:
―Famous quote: “I disapprove of what you say, but I will defend to the
death your right to say it.”
―Emphasized the importance of allowing diverse opinions in society.
Religious Tolerance:
―Criticized religious dogma and oppression.
―Advocated for the separation of church and state.
―Promoted coexistence among different faiths.
Legacy:
―Inspired Enlightenment-era reforms.
―Laid the foundation for modern civil liberties and human rights.
Jean-Jacques Rousseau and the Social Contract
The Social Contract:
―Describes the agreement among individuals to form a society and
abide by collective rules for mutual benefit.
Popular Sovereignty:
―Advocates that ultimate power resides with the people.
―The general will: Collective desires and interests should guide
governance.
Impact:
―Inspired democratic ideals and revolutions, including the French
Revolution.
―Promoted equality, liberty, and active citizenship.
Immanuel Kant: Liberty and Equality
Liberty:
―Emphasized individual freedom guided by moral autonomy.
―Belief: True liberty arises when individuals act according to
universal moral laws derived from reason.
Equality:
―Advocated for the inherent dignity of all individuals.
―Promoted legal and moral equality as essential for justice.
Impact:
―Shaped modern ideas of human rights and constitutional
democracy.
―Stressed the importance of equality before the law.
Modern Era: The Universal Declaration of Human Rights (UDHR)
― Adopted on December 10, 1948, by the United Nations General
Assembly.
― One of the most significant documents in modern history.
― It was drafted in the aftermath of World War II to establish a
universal standard for human rights.
― The UDHR is a foundational document in international human
rights law.
― Outlines the rights and freedoms to which all human beings are
entitled, regardless of their race, gender, nationality, religion, or
status.
Modern Era: The Universal Declaration of Human Rights (UDHR)
Historical Context
• The atrocities of World War II, particularly the Holocaust,
underscored the need for a global framework to protect
individuals from abuses by governments and other entities.
• The Charter of the United Nations (1945) called for the
promotion and protection of human rights.
• The UN Commission on Human Rights, chaired by Eleanor
Roosevelt, spearheaded the drafting of the UDHR, involving
representatives from diverse cultural and legal traditions.
Core Principles of the UDHR
Universality: The UDHR applies to everyone, everywhere, without
exception.
Indivisibility and Interdependence: Civil, political, economic, social,
and cultural rights are equally essential and interconnected.
Equality and Non-Discrimination: Every individual is entitled to the
same rights and freedoms without distinction.
Accountability: Governments and institutions have a responsibility to
uphold, protect, and promote these rights.
Structure of the UDHR
• The UDHR consists of a Preamble and 30 Articles that
outline the basic rights and freedoms every person is
entitled to:
• Preamble: Sets the philosophical foundation, emphasizing the
dignity, equality, and inalienable rights of all humans as the
basis for freedom, justice, and peace.
• Articles 1-2: Core principles, declaring all humans are born
free and equal in dignity and rights and entitled to these
rights without discrimination.
Structure of the UDHR
Articles 3-21: Civil and Political Rights:
• Right to life, liberty, and security (Article 3).
• Freedom from torture, slavery, and arbitrary arrest (Articles 4-9).
• Right to a fair trial and recognition before the law (Articles 10-11).
• Freedom of movement, thought, expression, assembly, and
participation in government (Articles 12-21).
Structure of the UDHR
Articles 22-27: Economic, Social, and Cultural Rights:
• Right to social security, work, equal pay, rest, and leisure
(Articles 22-24).
• Right to an adequate standard of living, education, and
participation in cultural life (Articles 25-27).
Structure of the UDHR
Articles 28-30: Global Responsibilities:
• Right to a social and international order where these rights
can be fully realized (Article 28).
• Emphasis on individual responsibility and the limits of rights
to ensure mutual respect and protection (Articles 29-30).
Significance and Impact of the UDHR
Foundation for International Human Rights Law:
— The UDHR inspired subsequent binding treaties, such as the International
Covenant on Civil and Political Rights (ICCPR) and the International
Covenant on Economic, Social, and Cultural Rights (ICESCR), collectively
forming the International Bill of Human Rights.
Global Influence:
— The UDHR has influenced national constitutions, legal systems, and policies
worldwide, embedding human rights principles into governance.
Advocacy and Awareness:
— It serves as a reference point for human rights activists and organizations
like Amnesty International and Human Rights Watch to hold governments
accountable.
Education and Awareness:
— The UDHR is widely taught in schools and used to promote a culture of human
rights globally.
Challenges to the UDHR
Despite its universal appeal, the realization of the UDHR faces challenges:
Non-Binding Nature:
― The UDHR is not legally binding, which limits its enforceability.
Cultural Relativism:
― Critics argue that the UDHR reflects Western values and does not fully
account for diverse cultural and religious practices.
Global Inequality:
― Economic disparities and authoritarian regimes often hinder the practical
realization of these rights.
Emerging Issues:
― Digital rights, climate change, and global migration require a
reinterpretation of the UDHR to address contemporary challenges.
Constitutional Provisions on Human Rights in Bangladesh
Constitutional Provisions on Human Rights in Bangladesh
PREAMBLE
• Rule of Law: Upholding justice and fairness for all citizens.
• Fundamental Human Rights and Freedom: Guaranteeing
liberty and dignity for every individual.
• Equality and Justice: Ensuring equal opportunities and fairness
in all aspects—political, economic, and social.
• Democratic Governance: Achieving these goals through
participatory and representative decision-making.
Constitutional Provisions on Human Rights in Bangladesh
Part II (FUNDAMENTAL PRINCIPLES OF STATE POLICY) of the
Constitution sets out the state's obligations to secure the
socio-economic rights of its people. These include:
• Ensuring free and compulsory education (Article 17)
• Providing basic necessities like food, clothing, shelter,
education, and medical care (Article 15)
• Ensuring equality of opportunity for all citizens (Article 19)
Constitutional Provisions on Human Rights in Bangladesh
Part III (FUNDAMENTAL RIGHTS) of the Constitution enumerates the
fundamental rights guaranteed to all citizens, including:
• Equality before the law (Article 27)
• Non-discrimination on the grounds of religion, race, caste, sex,
or place of birth (Article 28)
• Right to life and personal liberty (Article 32)
• Freedom of assembly, association, speech, occupation, and
religion (Articles 37-41)
• Protection from forced labor and arbitrary detention (Articles
34-35)
Initiatives to Promote Human Rights in Bangladesh
• Ratification of international treaties like:
― International Covenant on Civil and Political Rights (ICCPR)
― International Covenant on Economic, Social, and Cultural Rights
(ICESCR).
• Strengthening the National Human Rights Commission (NHRC)
to investigate human rights violations and promote awareness.
National Human Rights Commission of Bangladesh
• The NHRC is a statutory, independent institution in Bangladesh.
• Established under the National Human Rights Commission
Act, 2009.
• Acts as a watchdog for human rights violations.
National Human Rights Commission of Bangladesh
Functions
Monitoring and Investigation:
― Investigates human rights violations by officials,
individuals, or organizations.
― Monitors compliance with international human rights
treaties.
Policy Advocacy:
― Advises government on human rights legislation and
policies.
― Recommends amendments to address legal gaps.
National Human Rights Commission of Bangladesh
Functions
Awareness and Capacity Building:
― Organizes training programs, workshops, and campaigns.
― Promotes human rights education in schools and
communities.
Legal Support:
― Offers legal aid to victims of rights violations.
― Proposes systemic reforms and remedial measures.
Collaboration:
― Partners with international organizations, civil society, and
government agencies.