HUMAN RIGHTS

ORIGIN AND DEVELOPMENT OF INTERNATIONAL HUMAN RIGHTS LAW

Human rights have a long history. They did not suddenly appear after the Second World War
but developed gradually through religion, philosophy, law, and political struggles. The idea
that every human being has certain rights simply because they are human has been shaped
over thousands of years.

Ancient Period
In early civilizations, some basic principles of justice and fairness were already recognized.
The Code of Hammurabi (Babylon, 1750 BCE) was one of the first written legal codes,
designed to protect people from abuse of power. Similarly, the Cyrus Cylinder (539 BCE),
issued by Cyrus the Great of Persia, granted religious freedom and abolished slavery, and is
sometimes called the world’s first human rights charter. In India, the ancient concept of
Dharma emphasized fairness, duty, and moral responsibility. Religious texts such as the
Bible, Quran, Buddhist, and Hindu teachings also highlighted values of compassion, equality,
and human dignity.

Medieval Period
During the medieval period, ideas of rights and justice developed further. In England, the
Magna Carta (1215) forced the King to recognize certain rights of the people, such as the
right to a fair trial, and it placed limits on absolute monarchy. Later, the English Bill of Rights
(1689) established parliamentary supremacy, the right to free elections, and protection against
cruel punishment. These events laid the foundation for constitutional democracy and
protection of individual rights.

Modern Period
The modern era gave birth to revolutionary declarations that shaped the idea of human rights
as we know them today. The American Declaration of Independence (1776) declared that all
men are created equal, with rights to life, liberty, and the pursuit of happiness. The French
Declaration of the Rights of Man and Citizen (1789) rejected aristocratic privilege and
emphasized liberty, equality, and fraternity. The US Bill of Rights (1791) further guaranteed
freedoms such as speech, religion, press, and fair trial.

Post-World War II
The atrocities of the Second World War, including the Holocaust and other war crimes,
showed the world the dangers of unchecked power and the urgent need for universal
protection of human dignity. This led to the creation of the United Nations in 1945, with the
aim of maintaining peace and protecting human rights. In 1948, the UN General Assembly
adopted the Universal Declaration of Human Rights (UDHR), the first international
document to recognize the rights of all people everywhere, including the right to life,
equality, education, work, and freedom of speech.

Later, in 1966, two binding treaties were adopted: the International Covenant on Civil and
Political Rights (ICCPR) and the International Covenant on Economic, Social and Cultural
Rights (ICESCR). Together with the UDHR, they form the International Bill of Rights, which
remains the cornerstone of international human rights law today (Williams, 1981; Donnelly &
Whelan, 2020).

MEANING, CONCEPT AND NATURE OF INTERNATIONAL HUMAN RIGHTS

LAW

Meaning
International Human Rights Law is the branch of international law that protects the dignity,
equality, and freedom of all human beings. It consists of rules, treaties, and conventions
agreed upon by states. Unlike domestic laws, it goes beyond national boundaries and creates
standards that every country is expected to respect (Wellman, 2010).

Concept
The core concept of human rights is that they are inherent—every person has them simply by
being human, not because a government grants them. They are universal because they apply
to everyone, indivisible because civil, political, economic, social, and cultural rights cannot
be separated, and interdependent because one right often depends on another. For instance,
the right to education is closely connected to the right to equality and the right to
development (Haas, 2014).
International Human Rights Law also emphasizes accountability. States that sign treaties like
the ICCPR, ICESCR, CEDAW (Convention on the Elimination of All Forms of
Discrimination Against Women), and CRC (Convention on the Rights of the Child) must
ensure their laws and practices are in line with these obligations.

Nature / Characteristics
1. Universal and Inalienable: They belong to all people and cannot be permanently
taken away.

2. Equal and Non-Discriminatory: Everyone is entitled to the same rights, regardless

of race, gender, caste, religion, or wealth.

3. Interdependent and Indivisible: Rights are interconnected; for example, the right to
life requires access to food, health, and shelter.

4. Participatory and Empowering: Human rights empower individuals to take part in

governance, justice, and development.

5. Legally Protected: International treaties, UN institutions, and even domestic courts

can recognize and enforce them (Addo, 2006).
HUMAN RIGHTS VS. FUNDAMENTAL RIGHTS (PART III OF INDIAN
CONSTITUTION)

Origin
Human Rights stem from natural law traditions and international law, expressed in the UDHR
(1948) and other treaties. Fundamental Rights in India are specifically enshrined in Part III of
the Constitution to ensure that citizens are protected from state oppression and to promote
democracy.

Scope
Human Rights are universal—they apply to all human beings across the world. Fundamental
Rights are national—they apply within India and are enforceable against the Indian state.
While many Fundamental Rights reflect international human rights, their scope is narrower
and specific to Indian citizens (with some exceptions, like the right to life under Article 21,
which also applies to foreigners).

Nature
Human Rights cover a broad range of civil, political, economic, social, and cultural rights.
Fundamental Rights are more focused, largely covering civil and political rights such as
equality, freedom, and protection from exploitation. However, some social and economic
elements (like the Right to Education under Article 21A) have also been included.

Enforcement
Human Rights rely on international monitoring bodies, such as the UN Human Rights
Council or treaty committees, but their enforcement depends on the cooperation of states
(Pagden, 2003). Fundamental Rights, however, are legally enforceable in Indian courts. A
citizen can directly approach the Supreme Court under Article 32 or a High Court under
Article 226 if their rights are violated. This makes Fundamental Rights stronger in practice
within India.

Examples
 Human Rights: Right to food, freedom from torture, right to development, right to a
clean environment.

 Fundamental Rights: Right to Equality (Articles 14–18), Right to Freedom (Articles

19–22), Right to Freedom of Religion (Articles 25–28), Right to Remedies (Article
32).

Human Rights are global standards that apply to everyone, while Fundamental Rights are
India’s constitutional guarantee of certain rights, enforceable in Indian courts. Human Rights
are broader in scope, while Fundamental Rights provide stronger legal remedies within the
country.