Human Rights Nature, Concept, Origin and Development
Conclusion
Withstanding this fact, the modern concept of human rights is comprehensive in its nature and content. In fact, the catalogue of rights is expanding every day. It must be noted that no catalogue elaborating specific human rights will ever be exhaustive or final, being man made laws. Its content goes hand in hand with the state of moral consciousness, or development of civilization at any given time in history. By and large, the concept of human rights is very much the product of history and of human civilization. Being as such, it is always subject to evolution and change and that the human rights concept is not static but subject to innovation and change. The historical happenings and evolutionary developments made radical changes on the idea of human rights.
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Notes
[^1] H.O.Agarwal, Human Rights, Universal Book Traders, New Delhi,2002, p.2
12 H.O.Agarwal, Human Rights, p.2
[^3] J. Maritain, The Rights of man and natural law, Macmillan, 1951, p.[^65]:
[^4] D.D. Raphael. “Human Rights Old and New”, In D.D. Raphael, ed. Political theory and the Rights of Man, Macmillan,1967, p.[^55]:
[^5] “Human Rights old and new”, In D.D. Raphael, ed. Political theory and the Rights of Man, Macmillan, p.[^57]:
[^6] Eddy Asirvatham, “Political theory”, quoted in Dr.U.Chandra, Human rights, law agency, Allahabad, 1999, p [^16]:
[^7] Dr.U.Chandra, Human rights, law agency, Allahabad, 1999, cited from Thomas Hobes, p [^16]:
[^8] Dr.U.Chandra, Human rights, p [^16]:
[^9] D.G.Ritichie, Natural Rights (Philsophical Series), Allen and Unwin, London, p( 66-82).
[^10] For Instance, right to freedom of speech is not absolute but rather regulated in accordance with the requirements of social expediency. Dr.U.Chandra, Human rights, p [^17]:
[^11] R. Devorkin, Taking Rights seriously, Mass publications Cambridge 1977 ,pp 79-[^92]:
[^12] R. Devorkin, Taking Rights seriously , p [^18]:
[^13] .Thomas Buergenthal, ‘Codification and Implementation of international Human Rights’, Human Dignity- The Internationalization of Human Rights, Ed. By Alice H.Hankim, Oceana Publication 1979, p [^16]:
[^14] Dr. Gokulesh Sharma, Human Rights and Legal Remides, Deep and Deep Publications , New Delhi, p 70 ,published………
[^15] DR. V.K. Anand. Human Rights, Allahabad law Agency. Mathhra Road U.P, pp 1-2 .year………
[^16] According to the Roman jurist Ulpian natural law was that which nature and the state assure to all human beings. This meant that foreigners are requested to be dealt in the same way as one deals with one’s compatriots. It also implied conducting of wars in a civilized fashion. The Republic ( C. 400BC) proposed the idea of Universal truths that all must be recognized people were to work for the common good. Aristotle (384-322 B.C) wrote in Politics that Justice, virtues and rights change in accordance with different kinds of constitutions and circumstances. Cicero (106-43 BC), a Roman statesman laid down the foundations of natural law and human rights in his work. The laws (52 B.C), Cicero believed that there should be Universal Human rights laws that would transient customary and civil laws. Sophocles (495-406 BC) was one of the first to promote the idea of freedom of expression against the state. Stoces employed the ethical concept of natural law to refer to a higher order of law that corresponds to nature and which was to serve as a standard for the laws of civil society and government. Later, Christianity, especially, St. Thomas Aquininas (1225-1274) rooted this ‘natural law’ in a divine law which was revealed to man in part discoverable by man through his God-given right reason. The city state of Greece gave equal freedom of speech, equality before law, right to vote, right to be elected to public officer, right to trade and the right to access to justice to their citizen similar rights were secured to the Roman’s by the Jus Civilie of the Roman law. Thus the origins of the concept of Human rights are usually agreed to be found in the Greco-Roman natural law doctrines of Stoicisin ( the school of philosophy founded by Zeno- and Citium) which held that a Universal force pervades all creation and that human conduct should therefore be judged according to the law of nature. S.J. Henle, A Catholic view of Human Rights, A Thomistic reflection in Alan S. Rosenbaum, ‘The Philosophy of Human Rights’, International perspectives’ (1980). See also H.O. Agarwal ‘ Human Rights’, Universal book traders Delhi 2002, p 7-8
[^17] Vijay Kumar, Human Rights Dimensions and Issues, Vol I, Anmol Publications .Pvt. Ltd. New Delhi ,p 42 . year…………………………..
[^18] Nayyar Shamsi, Human Rights and Islam, Reference press, New Delhi-2003, pp 20-[^21]:
[^19] Nayyar Shamsi, Human Rights and Islam, p [^25]:
[^20] Nayyar Shamsi, Human Rights and Islam, Reference press, New Delhi-2003 ,p [^24]:
[^21] Nayyar Shamsi, Human Rights and Islam, p [^28]:
32 H.O. Agarwal, Human Rights, p [^6]:
[^23] Dr.V.K. Anand, Human Rights, Allah abad law agency, p [^2]:
[^24] Yaju (36-38), quoted in Dr.V.K. Anand, Human Rights, p [^2]:
[^25] Dr.Gokulesh Sharma, Human Rights and Legal Remedies, Deep and Deep Publication, New Delhi, p [^70]:
[^26] Human Rights and Legal Remedies ,p [^71]:
[^27] A.A. Mawdudi. Human Rights in Islam, Markazi Maktaba Islamic Delhi, 1982, p [^56]:
[^28] Teaching Human Rights , United Nations, New york, 1989, p [^5]:
[^29] Karel Vasak, “Human Rights a legal Reality”. The International Dimensions of Human Rights, vol I,English Ed.by Phillip Alston, UNESCO .pp, 4-[^10]:
[^30] In this play , Sophocles describes describes that Antigone’s brother, while he was rebelling against the kind, was killed and his burial was prohibited by the kind Creon. In defiance of the order Antigone buried her brother. When she was arrested for violating the order. She pleaded that she had acted in accordance with the immutable, “un written laws of heaven” which even the kind could not override. Sophocles Antigon, The Unwritten, Unchanging laws of the gods, see also Dr. U. Chandra, “Human Rights”, p 1-[^2]:
[^31] P.N. Bhagwati, Human rights, International law association Allabad Centre 1980, p [^7]:
[^32] Galus Eezejoffor, Protection of Human Rights under the law, Butter worth London -1964 ,p [^3]:
[^33] Khwaja. A. Muntaqim, Protection of Human Rights ( National and International Perspectives), Law Publishers, India-2004, p [^5]:
[^34] Protection of Human Rights ( National and International Perspectives), p [^5]:
[^35] For instance, the Declaration of Independence of the thirteen United States of America in [^1776]: (The Virginia Declaration, 1776): the constitution of the United States of 1778 with amendments in 1789, 1865, 1869 and 1919 specified a number of rights of man. The Virginia Declaration of rights affirmed that all men are by nature equally free and impendent and have certain inherent rights. The French Declaration of the Rights of man and of the citizens of 1789 led other European countries to include the provisions in their laws for the protection of human rights. H. O. Agarwal. Human Rights, Universal Book Traders New Delhi 2002 , p 9.
[^36] H. O. Agarwal. Human Rights, p [^9]:
[^37] H. O. Agarwal. Human Rights, p [^9]:
[^38] H.O. Agarwal, Human Rights, p [^11]:
[^39] For instance, see Declaration of ST. James Palace (1941); Atlantic Charter (1941); United Nation Declarations (1942); Moscow Declaration (1943); Tehran Declaration (1943); Dumbarton Oak’s conference (1944); Sun Francisco Conference (1945); etc.
[^40] H.O. Agarwal, Human rights, p [^11]:
[^41] General Assembly resolution 217,(III), December [^10]:1948, C.F. H.O.Agarwal , Human Rights, p 30.
[^42] The following eight states abstained; Byelorussian, Czechoslovakia, Poland, Saudi Arabia, Ukrainian, USSR, Union of South Africa and Yugoslavia, while the representative of the soviet bloc abstained because of disagreement over the narrow treatment of economic and social rights, the South Africa delegate abstained because as he argued, these matters were solely within domestic jurisdiction of his nations. H.O. Agarwal. Human Rights, p [^30]:
[^43] Universal Delectation of Human Rights 1948 (Resolution 217 A III).
[^44] H.O. Agarwal, Human Rights. C.F. Report of the Commission on Human Rights, Second Session, See E/[^600]:
[^45] General Assembly Resolution 2200 A (XXI) December 16, [^1966]:
[^46] H.O. Agarwal, Human Rights, pp 41-[^42]:
[^47] H.O. Agrawal, Human Rights, p 43 C.f Dr. U. Chandara Human Rights Allahabad Law agency publication , June 1999 , pp184-[^185]:
[^48] Dr.U. Chandra, Human Rights, p [^432]:
[^49] Thomas Buergenthat, Internal Human Rights, 1995, p [^49]:
[^50] DR. U. Chandra, Human Rights, p [^305]: In addition to these documents, international humanitarian law also consists of some earlier declarations and conventions for instance, The Declaration of Paris 1856. The Declaration of Petersburg of 1868, the Hague conventions of 1899 and 1907. The Geneva Gas and Bacteriological warfare protocol of 1925.