INTRODUCTION

Human rights are a set of principles concerned with equality and fairness. They are not a
recent invention - ideas about rights and responsibilities have been an important part of
all societies throughout history. Since the end of World War II, there has been a united
effort by the nations of the world to decide what rights belong to all people and how
they can best be promoted and protected.

Human rights, a cornerstone of modern civilization, represent the fundamental rights and
freedoms inherent to all human beings. The concept of human rights has evolved over
centuries, influenced by philosophical, religious and legal traditions. Understanding this
evolution provides insight into the current framework of international human rights law
and its significance in safeguarding human dignity. India’s contributions to the
development of human rights add a rich layer to this historical narrative.

Every person has dignity and value. One of the ways that we recognise the fundamental
worth of every person is by acknowledging and respecting their human rights.

Human rights are a set of principles concerned with equality and fairness. They
recognize our freedom to make choices about our lives and to develop our potential as
human beings. They are about living a life free from fear, harassment or discrimination.

Human rights can broadly be defined as a number of basic rights that people from
around the world have agreed are essential. These include the right to life, the right to a
fair trial, freedom from torture and other cruel and inhuman treatment, freedom of
speech, freedom of religion, and the rights to health, education and an adequate standard
of living.

These human rights are the same for all people everywhere – men and women, young
and old, rich and poor, regardless of our background, where we live, what we think or
what we believe. This is what makes human rights ‘universal’.

Human rights are rights inherent to all human beings, regardless of race, sex, nationality,
ethnicity, language, religion, or any other status. Human rights include the right to life
and liberty, freedom from slavery and torture, freedom of opinion and expression, the
right to work and education, and many more. Everyone is entitled to these rights,
without discrimination.
 NATURE AND CHARACTERISTICS OF HUMAN RIGHTS

Following are the characteristics of human rights:

1. Human Rights are Inalienable: - Human rights are conferred on an individual due to
the very nature of his existence. They are inherent in all individuals irrespective of their
caste, creed, religion, sex and nationality. Human rights are conferred to an individual
even after his death. The different rituals in different religions bear testimony to this
fact.

2. Human Rights are Essential and Necessary: - In the absence of human rights, the
moral, physical, social and spiritual welfare of an individual is impossible. Human rights
are also essential as they provide suitable conditions for material and moral upliftment
of the people.

3. Human Rights are in Connection with Human Dignity: - To treat another

individual with dignity irrespective of the fact that the person is a male or female, rich or
poor etc. is concerned with human dignity. For eg. In 1993, India has enacted a law that
forbids the practice of carrying human excreta. This law is called Employment of
Manual Scavengers and Dry Latrines (Prohibition) Act.

4. Human Rights are Irrevocable: - Human rights are irrevocable. They cannot be
taken away by any power or authority because these rights originate with the social
nature of man in the society of human beings and they belong to a person simply
because he is a human being. As such human rights have similarities to moral rights.

5. Human Rights are Necessary for the Fulfillment of Purpose of Life: - Human life
has a purpose. The term “human right” is applied to those conditions which are essential
for the fulfillment of this purpose. No government has the power to curtail or take away
the rights which are sacrosanct, inviolable and immutable.

6. Human Rights are Universal: – Human rights are not a monopoly of any privileged
class of people. Human rights are universal in nature, without consideration and without
exception. The values such as divinity, dignity and equality which form the basis of
these rights are inherent in human nature.
7. Human Rights are Never Absolute: – Man is a social animal and he lives in a civic
society, which always put certain restrictions on the enjoyment of his rights and
freedoms. Human rights as such are those limited powers or claims, which are
contributory to the common good and which are recognized and guaranteed by the State,
through its laws to the individuals. As such each right has certain limitations.

8. Human Rights are Dynamic: - Human rights are not static, they are dynamic.
Human rights go on expanding with socio-eco-cultural and political developments
within the State. Judges have to interpret laws in such ways as are in tune with the
changed social values. For eg. The right to be cared for in sickness has now been
extended to include free medical treatment in public hospitals under the Public Health
Scheme, free medical examinations in schools, and the provisions for especially
equipped schools for the physically handicapped.

9. Rights as limits to State Power: - Human rights imply that every individual has
legitimate claims upon his or her society for certain freedom and benefits. So human
rights limit the state’s power. These may be in the form of negative restrictions, on the
powers of the State, from violating the inalienable freedoms of the individuals, or in the
nature of demands on the State, i.e. positive obligations of the State. For e.g. Six
freedoms that are enumerated under the right to liberty forbid the State from interfering
with the individual.
 HISTORY OF HUMAN RIGHTS

The evolution of human rights is a complex and multifaceted process that spans
centuries, influenced by various philosophical, religious and legal traditions.
Understanding this historical development provides insight into how the modern
framework of human rights has been shaped and the significant milestones that have
contributed to its establishment.

Early Philosophical and Religious Foundations: - The roots of human rights can be
traced back to ancient civilizations and their philosophical and religious teachings. In
ancient Greece, philosophers such as Socrates, Plato and Aristotle pondered the nature
of justice and the role of individuals within society. These early thinkers laid the
groundwork for the concept of natural law, which posits that certain rights are inherent
by virtue of human nature.

Simultaneously, religious traditions played a significant role in shaping early human

rights concepts. For instance, Judeo-Christian teachings emphasized the inherent dignity
and worth of every individual, created in the image of God. Similarly, in ancient India,
Buddhist and Hindu doctrines advocated for compassion, non-violence and respect for
all living beings.

In India, the principles of Dharma in Hinduism and the teachings of Ahimsa (non-
violence) in Jainism significantly contributed to the early understanding of human
rights. The Buddhist emphasis on equality and compassion further enriched this
perspective. Ancient Indian texts like the Vedas, Upanishads and the Arthashastra of
Kautilya contain references to the duties of rulers and the rights of subjects, highlighting
an early recognition of the need for just governance and the protection of
individual rights.

The belief that everyone, by virtue of her or his humanity, is entitled to certain human
rights is fairly new. Its roots, however, lie in earlier tradition and documents of many
cultures; it took the catalyst of World War II to propel human rights onto the global stage
and into the global conscience.

Throughout much of history, people acquired rights and responsibilities through their
membership in a group – a family, indigenous nation, religion, class, community, or
state. Most societies have had traditions similar to the "golden rule" of "Do unto others
as you would have them do unto you." The Hindu Vedas, the Babylonian Code of
Hammurabi, the Bible, the Quran (Koran), and the Analects of Confucius are five of the
oldest written sources which address questions of people’s duties, rights, and
responsibilities. In addition, the Inca and Aztec codes of conduct and justice and an
Iroquois Constitution were Native American sources that existed well before the 18th
century. In fact, all societies, whether in oral or written tradition, have had systems of
propriety and justice as well as ways of tending to the health and welfare
of their members.

Ancient History of Human Rights

There are a number of examples from antiquity regarding notions of human rights.
Below are just some examples of individuals who in some form or another advocated or
protected human rights.

 Cyrus: The King of Persia in 539 before the common era, “Cyrus the Great, the
first king of ancient Persia, conquered the city of Babylon. But it was his next
actions that marked a major advance for Man. He freed the slaves, declared that
all people had the right to choose their own religion, and established racial
equality. These and other decrees were recorded on a baked-clay cylinder in the
Akkadian language with cuneiform script” (Human [Link], 2014). In fact,
“…this ancient record has now been recognized as the world’s first charter of
human rights. It is translated into all six official languages of the United Nations
and its provisions parallel the first four Articles of the Universal Declaration of
Human Rights” (Human [Link], 2014).
 Stoics: There were many thinkers in Greece that advocated for notions of human
rights. For example, “Greek philosophers, known as Stoics, developed the idea
that rights enjoyed by Greeks were universal rights, freedoms that humans
everywhere are entitled to simply because humans exist” (Payne, 2013: 46).
They saw these rights as deriving from a notion of “universal law” which they
 saw as laws by the Gods, which they viewed as “natural laws” (Payne, 2013: 46).
The Stoics were not merely in Greece, but their ideas also had influence in
Rome, where many such as “Marcus Tullius Cicero, Lucius Annaeus Seneca, and
Marcus Aurelius” echoed this sentiment regarding rights (Payne, 2013: 46).
Here, due to its influence in Rome, “Roman law similarly allowed for the
existence of a natural law and with it–pursuant to the jus gentium (“law of
nations”)–certain universal rights that extended beyond the rights of citizenship.
According to the Roman jurist Ulpian, for example, natural law was that which
nature, not the state, assured to all human beings, Roman citizens or not”
(Weston, 2006: 17).
 Magna Carta: One of the other key historic human rights documents was the
Magna Carta, which was written in 1215. Interestingly, “after King John of
England violated a number of ancient laws and customs by which England had
been governed, his subjects forced him to sign the Magna Carta, which
enumerates what later came to be thought of as human rights. Among them was
the right of the church to be free from governmental interference, the rights of all
free citizens to own and inherit property and to be protected from excessive
taxes” (Human [Link], 2014). It also provided human rights for widows, as
well as calling for the complete human rights when charged with a crime (thus,
emphasized fair judicial process) (Human [Link], 2014). Moreover, it also
spoke out against government corruption (Human [Link], 2014).

Medieval History of Human Rights

The medieval period, spanning roughly from the 5th to the late 15th century, was
characterized by a complex relationship with concepts resembling human rights. While
modern human rights as we understand them today did not exist, certain ideas and
practices laid the groundwork for their development.

Key Aspects of Medieval Human Rights:

1. Natural Law: Philosophers like St. Augustine and St. Thomas Aquinas emphasized
the existence of a moral order inherent in the world, which suggested that certain rights
were derived from nature and could not be violated by earthly authorities.

2. Charters and Liberties: Documents like the Magna Carta (1215) established
fundamental legal rights for subjects against arbitrary rule, particularly for the nobility.
This laid a foundation for the idea that individuals have certain rights that must be
respected by rulers.

3. Church Influence: The Catholic Church played a significant role in promoting

concepts of dignity and justice. Church doctrine often provided a moral framework for
the treatment of individuals, emphasizing care for the poor and marginalized.

4. Social Contracts: The emergence of towns and trade led to agreements between
rulers and subjects, where certain rights and responsibilities were defined. Town charters
often included protections for merchants and citizens.

5. Rise of Individualism: Late medieval thinkers began to explore the notion of

individual rights, influenced by humanism and the increasing emphasis on the
individual’s role in society.

6. Legal Frameworks: Canon law and customary law began to establish norms that
protected certain rights, such as the right to a fair trial and protection against unjust
punishment.

While medieval society was largely hierarchical and rights were often limited to certain
classes, the period laid important groundwork for later developments in human rights
thinking, especially during the Renaissance and Enlightenment. The evolution of these
concepts would ultimately contribute to the formulation of modern human rights in the
18th century and beyond.

Modern History of Human Rights

The modern history of human rights is a complex narrative that unfolds over several
centuries, shaped by philosophical, political, and social movements. Here’s a detailed
exploration of key developments:

1. Enlightenment Thought (17th-18th Centuries)

 Philosophical Foundations: Enlightenment thinkers like John Locke, Voltaire,
and Jean-Jacques Rousseau introduced ideas of individual rights and freedoms.
Locke’s theory of natural rights emphasized life, liberty, and property as
fundamental rights inherent to all humans.
 Social Contracts: Rousseau’s concept of the social contract suggested that
governments derive their legitimacy from the consent of the governed,
 reinforcing the notion that individuals have rights that must be respected by
authorities.

2. American Revolution (1775-1783) and Founding Documents

 Declaration of Independence (1776): Drafted by Thomas Jefferson, it

proclaimed that all men are created equal and entitled to unalienable rights,
setting a powerful precedent for human rights.
 U.S. Bill of Rights (1791): The first ten amendments to the Constitution
enshrined specific civil liberties, including freedom of speech, religion, and
assembly, laying a legal framework for individual rights.

3. French Revolution and Its Impact (1789)

 Declaration of the Rights of Man and of the Citizen (1789): This document
asserted that all citizens are equal under the law and outlined fundamental rights,
including freedom of expression and property rights. It influenced subsequent
human rights documents worldwide.

4. 19th Century Movements

 Abolitionism: The movement to end slavery gained momentum, emphasizing

the inherent rights of all individuals regardless of race. Key figures like
Frederick Douglass and William Wilberforce advocated for the rights of enslaved
people.
 Labor Rights: The industrial revolution sparked the rise of labor movements,
which fought for the rights to fair wages, safe working conditions, and the right
to organize. The International Workingmen’s Association formed in 1864
promoted these rights.

5. Early 20th Century Developments

 Women's Suffrage: The fight for women's rights, particularly the right to vote,
gained traction. The suffragette movement in the late 19th and early 20th
centuries highlighted issues of gender equality and civil rights.
 Post-World War I: The League of Nations, established in 1920, aimed to
promote peace and cooperation, although it lacked a strong human rights
framework.
6. World War II and the Birth of Modern Human Rights (1945-1948)

 Atrocities of the War: The Holocaust and other war crimes underscored the
need for an international commitment to human rights.
 United Nations Formation: In 1945, the UN was established with the goal of
preventing future atrocities.
 Universal Declaration of Human Rights (1948): Adopted by the UN General
Assembly, the UDHR articulated a broad range of rights, including civil,
political, economic, social, and cultural rights. It remains a foundational
document in human rights advocacy.

7. Civil Rights Movements (1950s-1970s)

 United States: The Civil Rights Movement sought to end racial discrimination
and secure voting rights for African Americans. Landmark legislation, including
the Civil Rights Act (1964) and the Voting Rights Act (1965), aimed to dismantle
systemic racism.
 Global Movements: Anti-colonial struggles in Africa and Asia emphasized self-
determination and the rights of colonized peoples. Leaders like Nelson Mandela
in South Africa became symbols of the fight against oppression.

8. Late 20th Century and Post-Cold War Era (1980s-1990s)

 International Human Rights Treaties: Key treaties emerged, including the

International Covenant on Civil and Political Rights (1966) and the International
Covenant on Economic, Social and Cultural Rights (1966), establishing legal
obligations for states.
 Rise of NGOs: Organizations like Amnesty International and Human Rights
Watch emerged, advocating for global human rights and monitoring abuses.
 Rwandan Genocide (1994) and the Balkans conflict highlighted the need for
international accountability for human rights violations.

9. 21st Century Challenges and Advances

 Globalization and Human Rights: Economic globalization raised questions

about labor rights, environmental justice, and corporate accountability.
  Digital Rights: The rise of the internet has introduced new human rights
challenges, including privacy, freedom of expression, and the impact of
surveillance.
 Ongoing Struggles: Movements for LGBTQ+ rights, climate justice, and the
rights of refugees and migrants reflect the evolving landscape of human rights.
The #MeToo movement has also highlighted issues of sexual harassment and
gender-based violence.

The modern history of human rights is marked by significant achievements and ongoing
struggles. While the framework for human rights has expanded and become more
universally recognized, challenges remain in enforcing these rights globally. The
continuous evolution of societal values and the emergence of new issues will shape the
future of human rights advocacy.