HUMAM RIGHTS

Human rights are the basic rights and freedoms that belong to every person in the world, from
birth until death. They apply regardless of where you are from, what you believe, or how you
choose to live your life. They are based on shared values like dignity,fairness,equality,respect
and independence.
1) Civil and Political: These protect your individual freedom (e.g., right to life, freedom of
speech, right to a fair trial, and the right to vote).

2) Economic and Social: These ensure you can live in dignity (e.g., right to education, right to
work, and the right to healthcare).

3) Collective: These belong to groups or societies (e.g., the right to a healthy environment or the
right to peace).
Differences Between Human Rights and Fundamental
Rights:
Human Rights are those basic standards Without which people cannot live in dignity. Human
Rights are inherent to each individual. While Fundamental Rights are those rights that are
guaranteed by the constitution. All Fundamental Rights are Human Rights, but all Human Rights
are not fundamental rights. Human Rights are concerned with all human beings of the world, but
fundamental rights are related between one state and their citizens.
HISTORICAL BACKGROUND OF HUMAN RIGHTS:/IT’S DEVELOPMENT
The historical
background of human rights is a journey from divine decrees and monarchical concessions to the
modern concept of universal, inherent dignity. Development of human rights derived from
human instinct, A man can differentiate between good and bad as per nature. Rights were by
default concept in humans.
1. Ancient Period: The Birth of Codified Justice
In antiquity, "rights" were not universal but were
early attempts to curb arbitrary power and establish social order.
<Code of Hammurabi (c. 1754 BCE):
Established by King Hammurabi of Babylon around 1754
BCE, the Code of Hammurabi stands as one of history's first preserved legal documents. Carved
into a massive black stone stele currently housed in the Louvre Museum in Paris, it consists of
282 articles regulating agriculture, property, family, and labor. While famous for its harsh "eye
for an eye" retributive theory of justice, the Code was a revolutionary step in legal development
because it made laws public and permanent, shifting the power to settle disputes from individuals
to the state. However, justice was not equal for all; the Code categorized society into freemen,
commoners, and slaves, with punishments and rights varying significantly based on an
individual's social status.
Rights discussed in code of hammurabi:
The Code of Hammurabi (c. 1754 BCE) is one of the earliest examples of a centralized
government defining the rights and obligations of its citizens. While it didn't recognize "human
rights" in the modern sense, its 282 laws established a framework for justice and the protection
of the vulnerable.

1. Rights of the Vulnerable

Hammurabi explicitly stated his goal was to ensure "that the strong might
not injure the weak".

Protection for Widows and Orphans:

The code established inheritance rules that prevented a man's family
from seizing a widow's property or neglecting orphans.
Debt Protections:
To prevent perpetual debt slavery, the code capped debt servitude at three years
and limited interest rates to prevent exploitation.
Relief from "Acts of God":
If a farmer's crops were destroyed by natural disasters like floods or
drought, they were legally exempt from paying interest on their debts for that year.
2. Women's and Family Rights
While patriarchal, the code provided specific legal protections for
women that were advanced for the time. Husband rights,Child custody,Maintenance.
Right to Property and Dowry:
A woman maintained ownership of her dowry throughout her marriage
and could take it with her if she was unjustly divorced.
Right to Divorce:
A woman could seek a legal separation if she could prove her husband was cruel
or neglectful.
Support for the Sick:
A husband could not divorce a wife who became ill; he was legally required to
support her as long as she lived.
3. Legal and Judicial Rights
The code introduced foundational concepts of justice still used in
modern law:
Presumption of Innocence:
It is one of the first documents to suggest an accused person is innocent
until proven guilty.
Right to a Trial:
 Disputes had to be settled by judges using evidence and witnesses rather than
through personal blood feuds.
Judicial Accountability:
If a judge made an error in their verdict through their own fault, they were
fined heavily and permanently removed from the bench.
4. Economic and Labor Rights
The code functioned as an early form of commercial law:
Minimum Wage:
It set specific pay rates for various laborers, including field workers, ox drivers,
and builders.
Professional Liability:
Skilled workers were held responsible for their work; for example, a builder
had to rebuild a collapsed house at their own expense if the failure was due to poor
[Link] were huge/extreme.
Important Context:
These rights were not equal for everyone. Punishments and protections varied
significantly based on a person’s social class (Elite, Free Men, or Slaves) and gender.
<Cyrus Cylinder (539 BCE):
After conquering Babylon, King Cyrus the Great issued a decree on a
clay cylinder. It is often called the first charter of human rights because it declared religious
freedom, abolished forced labor (slavery), and allowed displaced people to return to their
homelands. It shifted the focus from a ruler's power to the welfare of the [Link] is the
great king. It is document in which different rights recognised, translated into maximum
languages. THIS CYLINDER is a clay currently into englands [Link] by the great
Cyrus on the name of [Link] of liberty and property was [Link] who were
forcefully displaced have right to return (Restored them). It is maximum translated into different
[Link] provided religious freedom, rebuild the destroyed religious places.

2. Medieval Period: The Shift to Rule of Law

During the Middle Ages, rights were often "liberties"
extracted from monarchs by the nobility.
<Magna Carta (1215):
Forced upon King John of England in 1215 by his rebellious barons, the Magna
Carta, or "Great Charter," remains a foundational document in the ongoing movement for human
rights and constitutional governance. It established the pivotal principle that no one, including
the King, is above the law, effectively challenging the long-held legal maxim Rex non potest
peccare (the King can do no wrong). By asserting that the monarch was subject to the law rather
than its sole source, the Charter introduced essential protections for individual liberty, such as the
right to a fair trial and the "due process of law." Furthermore, it restricted royal power by
decreeing that no taxes could be imposed without the common consent of the realm, eventually
evolving into the requirement for parliamentary approval. While the Magna Carta initially
focused on the rights of free men and the stability of the state, the movement it ignited continues
today, serving as a historic shift toward individual sovereignty and the modern rule of law.

Three Features discussed:

Rule of law (not individual sovereignty, must be an institutional sovereignty)
Equality (fair trail, last cermon of holly profit) (due process of law, king is not above the law)
Freedom of religion
Legacy:
It introduced due process (Clause 39), stating that no free man could be imprisoned or
stripped of rights except by the lawful judgment of his peers or the law of the land.
3. Modern Period: The Rise of Constitutional Rights
The 17th and 18th centuries saw the
transition from "privileges" to "natural rights" belonging to all citizens. US constitution 1791
didn't gave much rights because there wasnt much concept of [Link] after a decade they came
with bill of rights. And gave 10 rights.

<Petition of Right (1628):

The Petition of Right, signed by King Charles I in 1628, was a landmark
document produced by the English Parliament to curb the perceived tyranny of the monarchy. By
explicitly citing the Magna Carta, the petition argued that the King’s authority was not absolute
and that he could not imprison subjects without just cause or impose taxes without the prior
consent of Parliament. It established several critical individual protections, including a ban on
the quartering of soldiers in private homes and the restriction of martial law in civilian areas.
These measures were designed to protect the "collective sovereignty" of the people through their
representatives, reinforcing the fundamental democratic principle that the consent of the
governed is necessary for legitimate rule. This document remains a cornerstone of constitutional
history, marking a decisive shift toward parliamentary authority and the protection of civil
liberties.
<English Bill of Rights (1689):
The English Bill of Rights of 1689, accepted by William III and Mary
II following the Glorious Revolution, was a transformative document that shifted the balance of
power from the monarchy to Parliament. Expanding upon the foundations of the Magna Carta, it
formally prohibited "cruel and unusual punishments" and guaranteed the right of subjects to
petition the monarch without fear of retribution. The Bill significantly strengthened
parliamentary authority by ensuring freedom of speech within its chambers, requiring
parliamentary consent for the maintenance of a standing army during peacetime, and ending the
monarch's power to suspend laws. Additionally, it addressed the religious tensions of the era by
granting certain rights to Protestants—such as the right to bear arms for self-defense—while
strictly limiting the influence of the Catholic monarchy. By establishing that the King must rule
through Parliament, this document laid the essential groundwork for modern constitutional
monarchy and democratic governance..
<US Bill of Rights (1791):
Drawing heavy influence from Enlightenment thinkers like John Locke
and the long tradition of English liberties—including the Magna Carta—the U.S. Bill of Rights
consists of the first ten amendments to the United States Constitution. When the Constitution
was initially drafted, it lacked a specific list of individual protections; however, the Founders
soon realized these rights were essential to prevent government overreach. To rectify this, they
passed ten amendments collectively known as the Bill of Rights. These amendments safeguard
fundamental, inalienable freedoms—such as speech, religion, assembly, and the right to a fair
trial—ensuring that the federal government cannot infringe upon the personal liberties of its
citizens. This document remains a cornerstone of American democracy, formalizing the
transition from royal subjects to sovereign citizens with protected rights.
Absolute Rights
These are unconditional and can never be restricted, limited, or taken away by the
state, regardless of the circumstances (even during a war or national emergency). No Balancing:
They cannot be weighed against the "greater good" or public safety.
Examples: The right to be free from torture, the prohibition of slavery, and the right to freedom
of thought, conscience, and religion (the inner belief, not necessarily the outward practice).

Qualified Rights
These are rights that the state can lawfully interfere with under specific, narrow
circumstances. Most human rights fall into this category because they often clash with the rights
of others. The "Balancing Test": Interference is usually only allowed if it is prescribed by law,
serves a legitimate aim (like public health or national security), and is proportionate (no more
restrictive than necessary). Examples: Freedom of expression, the right to privacy, and freedom
of assembly. For instance, the government can restrict a protest if it turns into a violent riot that
threatens public safety.
The American Revolution (1775–1783)
The American Revolution began on April 19, 1775, with the
"shot heard 'round the world" at Lexington and Concord, marking the start of a violent struggle
for independence. Driven by years of "taxation without representation" and British attempts to
disarm colonial militias, the thirteen colonies formally broke away from British rule in 1776 to
secure their fundamental rights. Following their victory, the newly independent states shifted
from revolution to nation-building, convening the Philadelphia Convention to draft a governing
framework. This effort ultimately led to the creation of the U.S. Constitution and the subsequent
addition of the Bill of Rights in 1791, establishing a new republic based on the principles of
liberty and self-governance.
The Cause:
"Taxation without representation." The colonies were being taxed by the British
Parliament but had no say in its laws.
The Goal:
To become an independent nation based on Enlightenment ideas like liberty, equality,
and self-governance.
The Outcome:
After years of fighting (led by George Washington) and the Declaration of
Independence (1776), the colonies won. However, their first attempt at a government—the
Articles of Confederation—was too weak to actually run a country.
The Articles of Confederation: A "League of Friendship":
Drafted during the war and ratified in 1781, the
Articles of Confederation served as the first U.S. constitution. Fearing a return to British-style
tyranny, the founders created a very weak central government.
Structure:
It established a "firm league of friendship" between 13 sovereign states.

State Power:
Each state retained its "sovereignty, freedom, and independence." In Congress, each
state had exactly one vote, regardless of its size or population.
Successes:
It managed to see the war to its end and passed the Northwest Ordinances, which
created a process for adding new states to the Union.
The Articles of Confederation (1781–1789) was the first written constitution of the United
States. It established a weak central government where the states held most of the power. The
Articles of Confederation failed primarily because they created a national government that was
too weak to function, leading to economic chaos and social unrest. The Philadelphia Convention
was called in 1787 to save the failing union by creating a stronger federal framework. The
delegates at the Philadelphia Convention (also known as the Constitutional Convention) finished
their work and signed the U.S. Constitution on September 17, 1787.

Major Issues with the Articles of Confederation

The core philosophy of the Articles was to prevent tyranny by keeping power at the state level,
but this led to several critical failures:
Lack of Taxation Power:
Congress could only request money from the states; it could not levy
taxes. This left the national government unable to pay off massive Revolutionary War debts.
No Executive or Judicial Branches:
There was no President to enforce laws and no national court
system to settle disputes between states.
Economic Disunity:
States acted like independent countries, printing their own currencies and
imposing tariffs (taxes) on one another’s goods, which crippled domestic trade.
Military Weakness:
The central government could not maintain a standing army and had to rely on
state militias, leaving the nation vulnerable to foreign powers and internal rebellions.
Rigid Amendment Process:
Changing the Articles required a unanimous vote from all 13 states,
making it nearly impossible to fix these structural flaws.

PHILADELPHIA CONVENTION 1787:

The Philadelphia Convention, also known as the
Constitutional Convention, was a high-stakes gathering held to address the weaknesses of the
newly independent American government. Following the success of the American Revolution, it
became clear that the original confederation of states was too fractured to survive. To ensure
stability, the delegates shifted from a loose confederation to a stronger federal system, creating a
balance where individual states remained sovereign but a central government could effectively
lead the nation. This convention provided the blueprint for the U.S. Constitution, transforming
the revolutionary ideals of liberty into a structured, permanent framework for a unified
federation.
The Problem: The reason behind convention
The central government couldn't collect taxes, settle disputes between states, or even
pay its soldiers. It was essentially failing.

The Solution:
Instead of just fixing the old rules, leaders like James Madison and Alexander
Hamilton decided to scrap them and write a brand-new document: the U.S. Constitution.
The Big Compromises:
They had to figure out how to balance power between big states and small
states. This led to the creation of the House of Representatives (based on population) and the
Senate (equal for every state).
In short:
The Revolution gave America its independence, and the Philadelphia Convention gave
America its legal structure.
Formation:
Delegates met in Philadelphia to "revise" the Articles but ended up tossing them out to
write the U.S. Constitution.
The Strategy:
They created Federalism (sharing power between states and the feds) and the Great
Compromise, which created a two-house legislature (Senate and House) to balance the needs of
big and small states.
Result:
This is one of the few "formations" on your list that didn't fail; it remains the longest-
running written constitution in the world.

World War I:
World War I broke out in 1914, largely triggered by intense nationalism and the
formation of competing military alliances among states that felt their rights and interests were
being ignored. In an effort to secure lasting peace and address these grievances, the international
community established the League of Nations in 1919, alongside the International Labour
Organization (ILO) and the Permanent Court of International Justice. However, these institutions
lacked the enforcement power to prevent further aggression, and they ultimately failed to resolve
the simmering conflicts that led to World War II. The devastation of the second war highlighted
the critical need for a more robust global governance system, leading to a demand for stronger
international institutions capable of effectively maintaining peace and protecting human rights..

Causes of World War II:

World War II didn't have one single cause; it was a "perfect storm" of
unresolved issues from World War I and the rise of aggressive ideologies.
Here are the four primary causes:
1. The Treaty of Versailles (1775–1783)
The treaty that ended WWI was incredibly harsh on Germany.
It forced them to take full blame for the war, pay massive financial reparations, and give up
territory. This left the German economy in ruins and the people feeling humiliated, which created
the perfect environment for a radical leader to take power.
2. The Rise of Fascism and Dictator
 Economic collapse allowed dictators to promise strength and
jobs in exchange for total control.
3. Failure of the League of Nations
The League was supposed to stop wars through diplomacy, but it
had no military power. When Japan invaded China (1937) and Italy invaded Ethiopia (1935), the
League did almost nothing. This proved to Hitler that he could break international laws without
facing real consequences.
4. Policy of Appeasement
For years, Britain and France tried to avoid another war by giving Hitler
what he wanted (like parts of Czechoslovakia). They hoped he would eventually stop. Instead,
appeasement only made Hitler bolder.
The Great Depression (1929)
This wasn't just an American problem; it was global. When the U.S.
stock market crashed, it stopped lending money to Germany, causing their economy to collapse
again. This economic despair made radical parties (like the Nazis) look like a viable solution to
starving citizens.
Japanese Imperialism
Japan felt "snubbed" by Western powers after WWI and lacked natural resources (like oil and
rubber) to fuel its growing industry. This led to the Invasion of Manchuria in 1931. Japan's desire
to dominate the Pacific eventually put them on a direct collision course with the United States.
Failure of "Collective Security"
After WWI, nations were so terrified of another war that they became
isolationists. The U.S. stayed out of European affairs, and Britain/France were too exhausted to
enforce international law. This "power vacuum" allowed aggressive nations to expand without
fear of being stopped.
FINAL STAGE OF DEVELOPMENT:
The final stage of development occurred after world war
II. The atrocities of the war led to the realization that rights cannot be left solely to individual
[Link] response to the horrors of world war II, the united nation adopted the UDHR(1948).
This was the first time the global community agreed on a universal standard of rights for
everyone, everywhere.

Universal Declaration of Human Rights((UDHR) (1948):

The Universal Declaration of Human
Rights (UDHR), adopted by the United Nations on December 10, 1948, stands as the first global
agreement to define fundamental rights for every human being, regardless of race, religion, or
nationality. It consists of 30 articles that, when combined with the International Covenant on
Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social and
Cultural Rights (ICESCR), form the "International Bill of Human Rights."
During its adoption, 48 out of 56 states voted in favor, while 8 states abstained due to differing
political and cultural opinions. While the UDHR is often critiqued as a "failure" because it is a
non-binding declaration rather than a legally enforceable treaty, it remains a landmark document.
It relies on state cooperation and moral persuasion, serving as the essential legal and ethical
foundation for nearly all modern human rights laws worldwide.
The Universal Declaration of Human Rights (UDHR) is one of the most significant documents in
modern history.
1. Purpose and Background
Adopted by the United Nations on December 10, 1948, the
UDHR was a direct response to the "barbarous acts" of World War II and the Holocaust. Its
primary goal was to ensure such atrocities would never recur by establishing a "common
standard of achievement" for all people. It was heavily influenced by Franklin D. Roosevelt’s
"Four Freedoms" (speech, religion, want, and fear) and sought to fill the moral vacuum left by
the failure of the League of Nations.
2. Formation and Structure
The document was drafted in less than two years by a diverse
committee chaired by Eleanor Roosevelt. Key contributors included René Cassin (France),
Charles Malik (Lebanon), and P.C. Chang (China), who worked to balance Western
individualistic values with Eastern philosophical traditions.
The 30 Articles: The UDHR contains 30 articles outlining fundamental rights, from the
foundation of equality (Articles 1–2) to civil and political liberties (Articles 3–21) and economic,
social, and cultural protections (Articles 22–27).
The Vote: It was adopted in Paris with 48 states in favor and 8 abstentions (including the
Soviet bloc, South Africa, and Saudi Arabia)
3. Legal Status and the International Bill of Rights
The UDHR itself is a declaration, not a
treaty, meaning it is a non-binding statement of principles rather than a law. However, to give
these rights "teeth," the UN later created two binding treaties:
The ICCPR (International Covenant on Civil and Political Rights)
The ICESCR (International Covenant on Economic, Social and Cultural Rights) Together with
the UDHR, these three documents form the International Bill of Human Rights. Over time,
many scholars argue the UDHR has evolved into customary international law, making its
principles globally recognized even without a formal signature.

4. Challenges and Perceived Failures

Despite its moral authority, the UDHR faces several
structural and political criticisms that limit its effectiveness:
Lack of Enforcement: Because it is non-binding and lacks an international police force or
mandatory court, implementation depends entirely on a state's cooperation and diplomatic
pressure.
Sovereignty vs. Universality: States often shield themselves behind "national sovereignty" to
reject external human rights scrutiny, prioritizing political stability over individual freedoms.
Cultural Relativism: Critics argue the document is too "Western-centric," focusing on individual
rights while neglecting the collective or community-based values found in many Asian, African,
and Islamic societies.
Selective Enforcement:
Geopolitical "double standards" often occur when powerful nations
criticize human rights abuses in rival countries while overlooking similar violations committed
by their own allies.

THEORIES OF PUNISHMENT:
1- Retributive Theory
("Just Deserts") This is the oldest theory, based on the principle of lex
talionis—"an eye for an eye".
Core Idea: Punishment is a moral necessity; the offender should suffer in proportion to the harm
they cause.
2. Deterrent Theory
The goal is to prevent future crimes by instilling fear in the offender and the
public.
Specific Deterrence: Aims to stop a particular offender from re-offending by making the
punishment painful enough to discourage them. General Deterrence: Uses the offender as an
"example" to warn others of the consequences of breaking the law.

3. Preventive Theory
(Incapacitation) This focuses on physically preventing the offender from
committing more crimes by disabling them.
Methods: Commonly involves imprisonment, but can also include the death penalty, exile, or
the suspension of licenses (e.g., a driving license for a dangerous driver)
4. Reformative Theory
(Rehabilitation) This theory views crime as a "disease" or a result of
social/psychological factors that can be cured through treatment and education.
Core Idea: The goal is to transform the criminal into a law-abiding citizen through vocational
training, counseling, and correctional programs.
Focus: Forward-looking, prioritizing the offender's reintegration into society.
5. Restorative / Compensatory Theory
Instead of focusing on punishing the offender, this theory
prioritizes repairing the harm done to the victim and the community.
Methods: Includes restitution (paying back the victim), community service, and mediation.
Goal: To make the victim "whole" again and restore the social balance disturbed by the crime.

How Treaties are Made & Role of International Human Rights Law

International Human Rights Law (IHRL) consists of a body of treaties, conventions,

declarations, and customary rules that protect fundamental human rights at the global level.
Unlike codified domestic laws, it is not contained in a single code but is developed through
multiple international instruments and practices.
Treaties are the primary source of international human rights law and are governed by the
Vienna Convention on the Law of Treaties, which provides a structured process for their
formation, application, and amendment.
Nature of International Human Rights Law

• It is a combination of treaties, conventions, and declarations

• Not codified like domestic statutes

• Derived from international agreements and customary law

• Examples include universal and regional human rights treaties

• It operates alongside domestic legal systems and influences national legislation

In practice, states incorporate these rights into their domestic legal systems through legislation
and constitutional provisions.

Process of Making Treaties in International Law

1. Lobbying (Initiation Stage)

States, organizations, or interest groups promote the idea of a
[Link] efforts are made to build support among states.
Purpose: To create political willingness and consensus.
2. Discussion
States discuss issues and objectives in international conferences, often under the
United [Link]-minded states work toward common goals.
Purpose: To identify common ground.

3. Drafting
Experts prepare the written text of the treaty. Provisions, rights, and obligations are
clearly defined.
Purpose: To convert ideas into a formal legal document.
4. Negotiation
States debate and revise the draft. Compromises are made to satisfy different
interests.
Purpose: To reach consensus among states.
5. Adoption of Treaty
The final document is adopted by participating states. Each state sends
authorized representatives to approve the [Link] may occur through consensus or voting
depending on the treaty.
6. Signature
States sign the treaty through their representatives. Signature shows political
commitment and intent to be [Link] does not always make the treaty fully binding.
7. Ratification
States formally approve the treaty through domestic procedures (e.g., parliament
approval). Ratification makes the treaty legally binding. This is a crucial constitutional step
within each state.
8. Accession
States that did not sign initially may later join the treaty. Accession has the same legal
effect as [Link] wider participation in international agreements.
9. Enforcement
Compliance is ensured through international [Link] may be brought
before international forums or [Link] case of serious violations, matters may be referred to
international institutions such as the United [Link] depends largely on
international cooperation.
10. Implementation
States incorporate treaty obligations into their domestic [Link],
judicial, and administrative measures are [Link] ensures practical application of treaty
obligations within a country.

11. Amendment (Protocol)

Treaties may be modified through amendments or protocols. Protocols
are supplementary agreements that update or expand treaty provisions. Amendments require
consent of the [Link] ensures treaties remain relevant over time.

Types of Treaties (Classification)

• Bilateral Treaties: Between two states

• Multilateral Treaties: Between multiple states

• Universal Treaties: Open to all states (e.g., human rights treaties)

• Regional Treaties: Limited to a specific region

Major Principles in Treaty Law

1. Consent of States
States are only bound by treaties to which they consent.
2. Pacta Sunt Servanda
Agreements must be performed in good faith.
3. Jus Cogens Norms
Certain fundamental norms (peremptory norms) cannot be violated or
overridden by [Link] example: prohibition of genocide, slavery, torture.
Any treaty conflicting with these norms is void under Article 53 of the Vienna Convention
Role of Parliaments in Treaty Process

• After negotiation and signature, treaties are presented to national parliaments

• Members (government and opposition benches) discuss and approve or reject treaties

• Approval may require a simple majority or special majority depending on the nature of
the treaty

This reflects the connection between international law and domestic constitutional processes.

Vienna Convention on the Law of Treaties (1969)

The Vienna Convention on the Law of Treaties is the main international agreement governing
treaties between states. It was adopted in 1969 and came into force in 1980.
A treaty is defined as a written agreement between states governed by international law. The
Convention lays down important rules regarding the formation, interpretation, amendment, and
termination of treaties.
It is based on key principles such as:
Pacta Sunt Servanda (agreements must be followed in good faith)
Free consent of states
The Convention also allows reservations, provides rules for interpreting treaties according to
their ordinary meaning, and explains when treaties may become invalid or terminated.