International Human Rights
UNIVERSITY INSTITUTE OF LEGAL STUDIES
PANJAB UNIVERSITY, CHANDIGARH
PROJECT
INTERNATIONAL HUMAN RIGHTS
“Human Rights: Meaning and Evolution.”
Submitted to: Submitted by:
Ms. Khushi Aayushi
301/19
[Link] LL. B (hons.)
Section- F
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International Human Rights
ACKNOWLEDGEMENT
I would like to express special thanks of gratitude to my International Human Rights Professor
Ms. Khushi, who gave me this golden opportunity to do this research project on Human Rights
and UN charter, whose valuable guidance has been the one that helped me in making this
project and make it a full proof success.
Their suggestions and instructions have served as the major contributor towards the completion
of this project.
Then I would like to thank my friends who have helped me with their valuable suggestions and
guidance which have been helpful in various phases of the completion of the project.
Aayushi
(301/19)
[Link] LL. B
Semester-9
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International Human Rights
Table of Contents
INTRODUCTION ....................................................................................................................................... 4
MEANING OF HUAMN RIGHTS ................................................................................................................ 5
KINDS OF HUAMN RIGHTS ...................................................................................................................... 6
Civil and Political Rights: ..................................................................................................................... 6
Economic, Social and Cultural Rights .................................................................................................. 7
EVOLUTION OF THE CONCEPT HUMAN RIGHTS ..................................................................................... 8
Natural Rights ..................................................................................................................................... 8
Evolution of the concept of Human Rights ......................................................................................... 8
Three generations of Human Rights ................................................................................................... 9
CONCLUSION......................................................................................................................................... 11
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International Human Rights
INTRODUCTION
Human rights are the basic rights and freedoms that human beings are entitled to. International
human rights law seeks to guarantee human rights to all human beings without discrimination.
Under international human rights law, states are not only to refrain from interfering with the
exercise and enjoyment of human rights, so-called negative obligations, but also to take steps
to promote, protect and fulfil their enjoyment, so-called positive obligations. Positive
obligations require States to take steps to ensure that non-state actors do not impede the
enjoyment of human rights. While international humanitarian law applies to both state and non-
state actors, it remains contested whether and under what circumstances, non-state actors have
human rights obligations. Human rights law always applies, including during times of armed
conflict. States may derogate from their human rights treaty obligations during a state of
emergency, including during times of armed conflict.
In this project report we will discuss how the concept of human rights emerged at an
international level and what main bodies are functional at international level today to protect
the human rights of the people.1
1
International Human Rights Law, available at [Link]
rights-law (Last visited 8th October, 2023).
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International Human Rights
MEANING OF HUAMN RIGHTS
• The term Human rights came somewhat late in the vocabulary of mankind. It was first
used by Thomas Paine in the English Translation of French Declaration of the rights of
man and citizen. It is a 20th century name for what has been traditionally known as
natural rights and the rights if the man.2
• Human rights are commonly understood as being those rights which are inherent in
the mere fact of being human. The concept of human rights is based on the belief that
every human being is entitled to enjoy her/his rights without discrimination.
Human rights differ from other rights in two respects.
Firstly, they are characterised by being:
▪ Inherent in all human beings by virtue of their humanity alone (they do not
have, e.g., to be purchased or to be granted);
▪ Inalienable (within qualified legal boundaries); and
▪ Equally applicable to all.
Secondly, the main duties deriving from human rights fall on states and their
authorities or agents, not on individuals.3
• The world Conference on Human Rights held in 1993 in Vienna stated in the
declaration that all human rights derive from the dignity and worth inherent in the
human person, and that the human person is the central subject of human rights and
fundamental freedoms. 4
• D.D Basu defines human rights as those minimum rights which every individual
must have against the state or other public authority by virtue of his being a member
of human family, irrespective of any other consideration.5
2
H O Aggarwal, International Law and Human Rights, Central Law Publications, 23rd edn. 2022, 791.
3
Meaning and Classifications of Human Rights, available at [Link]
education-project/human-rights-concepts-ideas-and-fora/part-i-the-concept-of-human-rights/definitions-and-
classifications. (Last visited 8th October, 2023).
4
H O Aggarwal, International Law and Human Rights, Central Law Publications, 23 rd edn. 2022, 785, 786.
5
Ibid.
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International Human Rights
KINDS OF HUAMN RIGHTS
Human rights are independent and indivisible therefore precisely there cannot be
different kinds of human rights but with the subsequent developments made in the
human rights field under the United Nation system Human rights are divided into
two types6:
Civil and Political
Rights
KINDS OF
HUMAN RIGHTS Economic, Social
and Cultural
Rights
Civil and Political Rights:
The rights that protect the life and personal liberty of a person are called civil rights. They are
necessary to maintain the dignity of a person. These include rights like the right to life, liberty
and security of a person, the right to privacy, the right to own property, freedom of thought,
religion, and movement.
Political rights are such rights that allow a person to participate in governmental activities.
These include rights like the right to vote and the right to be elected. The nature of such rights
is different, but they are interrelated to each other. Both these rights are covered in the
International Covenant on Civil and Political Rights.
These rights are also called first-generation rights and are derived from 17th and 18th-century
theories related to the American, English, and French Revolutions. These form a part of
negative rights because the government abstains from doing such activities or forming policies
that violate these rights.
6
H O Aggarwal, International Law and Human Rights, Central Law Publications, 23 rd edn. 2022, 785.
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International Human Rights
Economic, Social and Cultural Rights:
These rights are also called freedoms and guarantee a person the minimum necessities of life.
These are also included in the International Covenant on Economic, Social and Cultural Rights.
These form a part of positive rights as the state is required to frame policies and provisions to
implement such rights. These rights are based on the concept of social equality and are second-
generation rights. These rights include the right to work, social security, physical and mental
health, and education.7
7
Classification of Human Rights, [Link]
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International Human Rights
EVOLUTION OF THE CONCEPT HUMAN RIGHTS
Natural Rights
The precise moment when the concept of Human Rights emerged is hard to pinpoint. Many
cultures and traditional societies have believed in the worth every individual possesses as a
human. Nevertheless, it was in early modern Europe when the idea of Human rights can be
said to emerge in the form of "Natural Rights". The philosophers like John Locke, Thomas
Hobbes, Hugo Grotius etc declared some rights as natural in the sense that they were
fundamental to human beings and are the very core of human nature. However, few early
contributions are considered important and seen as landmarks that led to the beginning of the
new concept of human rights.8
Evolution of the concept of Human Rights
Before 539 BC, Human Rights had no meaning and the world only knew slavery but a Persian
ruler named Cyrus made people aware of their potentials and rights, after conquering Babylon
Cyrus announced to release who had been captives by Babylon and gave freedom to choose
any religion that they want, and he documented his words on Cyrus tablet which was known
as Cyrus cylinder This was the first charter that laid the foundation of human rights.
Another document that played great role in acknowledging the human rights is the magna carta
(the great charter), the charter was created by king John in 1215 as a result of the negotiation
of barons and King John.
In 1215 when baron captured London then king john was forced to negotiate and as a result of
the negotiation a charter was made in which man were given right to justice and free trial and
then that charter became the English law of United Kingdom. The concepts of human rights
later strengthened with the emergence of bill of rights (England) following the revolution of
1688 and then after a century American declaration of independence came which believed that
all men are equals.
8
H O Aggarwal, International Law and Human Rights, Central Law Publications, 23 rd edn. 2022, 790.
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International Human Rights
Nearly a decade later French declaration of rights of men and citizens came because of French
Revolution. They affirm that men are born free and they remain free.9
Three generations of Human Rights
Karel Vasak, a distinguished and very well-known human rights scholar, introduced the idea
of three generations of human rights, which allows us to understand the types and evolution
of human rights better. The first generation of human rights is civil and political rights. The
second generation of human rights includes economic, social and cultural rights and the third
generation of human rights are called solidarity rights.
The first-generation rights i.e., civil, and political rights are the initial form of natural
rights. These rights developed during the English Revolution of the 17th century and the French
and American Revolution of the 18th century. The key theme underlying these rights is liberty.
The first-generation rights include the right to life, the right to liberty, and the right to property
and have expanded to include non-discrimination, freedom from arbitrary arrest, freedom of
thought, freedom of religion, freedom of movement etc. These rights are often seen as a
manifestation of negative rights since they can be enjoyed only when there is a restriction
upon others. The key documents to understand the content of the first generation of human
rights are Article 3 to Article 21 of the UN Declaration and the International Covenant of Civil
and Political Rights of 1966 which came into force in 1976.
In the twentieth century, especially post World War II, second-generation rights began to earn
a greater prominence. The economy of countries was torn by war and there was massive
destruction because of the world wars. Therefore, the effort for economic, social, and cultural
rights developed during the twentieth century. The rights rely on socialist assumptions and the
underlying theme is equality which contrasts with first-generation rights and the notion of
liberty. The second-generation rights include the right to work, the right to health care, the
right to education, the right to social security etc. Therefore, these rights are seen as a
manifestation of positive rights as they place a claim on the state and a duty to oblige for
9
Human rights and its evolution with time, available at [Link]
[Link]. (last visited October 13, 2023).
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International Human Rights
action, for example, welfare provisions. The key documents to understand the content of
second-generation rights are Article 22 to Article 27 of the UN Declaration and the
International Covenant of Economic, Social and Cultural Rights of 1966.
The third generation of rights emerged post-1945 and are referred to as solidarity rights.
This is for the simple reason that these rights are concerned with social groups and society
overall rather than an individual. They are therefore seen as collective rights. The underlying
theme of the third-generation rights is fraternity. Usually, these rights are shaped by the
difficulties faced by the countries of the Global South. These rights include the right to
development, the right to environmental protection, the right to self-determination, the right to
peace etc. The Stockholm Convention of Human Environment of 1972 and the Earth Summit
of 1992 at Rio can be analysed to understand these rights.10
10
Evolution of Human Rights, available at
[Link]
of%20human,rights%20are%20called%20solidarity%20rights.. (last visited 13 October, 2023).
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International Human Rights
CONCLUSION
The development of international human rights norms has been one of the great success stories
of the UN. Human rights. Human Rights are the rights inherent to all human beings, regardless
of our nationality, residence, sex, sexual orientation, and gender identity, national or ethnic
origin, color, religion, language, or any other status. We are all equally entitled to our human
rights without discrimination. As of emerging societies and capitalization need for strict
implementation of human rights law cannot be ignored. But still its implementation is far from
achieving a complete equality and peace.
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