Human Rights Nature, Concept, Origin and Development

Origin and Development

The history of Human Rights, in fact, to the times immemorial, however gained impacts only in recent times. It has formally and universally became recognized only after the formation of 1945, which has, as its central concern, reaffirmed its faith in fundamental Human Rights, in the dignity and worth of human rights at all levels under any circumstances. The term Human Rights virtually denotes all those rights which are inherent in our nature and without which we can not live as human beings[^28] . Human rights which are essentially individual in character, for they are meant to be enjoyed by individuals constitute a social phenomenon by virtue of those for whom they are intended[^29] . The history of origin and development of Human Rights is very fascinating. The origin of human is traced by some Scholars back to the times of ancient Greeks. The fact that human rights were recognized as natural rights of man is illustrated by a Greek play Antigone[^30] . Though, the roots for the protection of the rights of man may be traced as for back as in the Babylonian laws. Assyrian laws, Hittite laws and in the all major religions of the world[^31] . In Philosophy, the development of the notion of the natural rights of man was contributed by the stoic philosophers. They first developed natural law theory and by virtue of it they explained the nature of human rights. i.e. rights which every human beings posses by virtue of being human[^32] .

Generally it is said that the struggle for human rights started in the Western world sometimes in the beginning of 13th century, which is the great English Charter known as Magna Carta was issued but the fact is that this struggle had started even 200 years prior to the issue of this charter determining the rights of the parliament in 1037 AD. After, that, in 1188 Kind Alfonso had accepted in Principle of Habeas Corpus. The Second important document was the draft of Right, 1689. Other important documents included the English Bill of Rights, 1689, American declaration of indepdence, 1776, French declaration of the Rights of man and of the Citizens, 1789 etc[^33] . Though the established fact is that concept of “Human Rights” was existed, before the “Magna Carta” (Bill of Rights), it self came into existence. However, Magna Carta enjoys the status of a milestone in the history of human rights. Henry I, Stephen and Henry II continued to promise that they will accept this charter but they did not keep their promise. But King John, who was also known as John, the Tyrant because of his hard temperament, signed this charter. It is said that he did bow under the pressure of Barons. This charter was also issued in 1216, 1217 and 1325 after being amended and modified[^34] . The expression ‘fundamental rights of man ‘were stated in the declaration and constitutional instruments of many states[^35] . Thus, the term human rights came somewhat late in the vocabulary of mankind. It is a twentieth century name for what has been traditionally known as Natural rights or the rights of Man. It was first used by Thomas Paine in the English translation of the French Declaration of the rights of Man and citizen. The term natural law was replaced because the concept of natural law had become a matter of great controversy and the phrase ‘the rights of man’ was found unsuitable as it was not universally understood to include the rights of women[^36] .

The idea that human rights could be protected by International law in addition to municipal law developed slowly mainly because state sovereignty … the doctrine of state sovereignty continued to prevail in the ninetieth and early twentieth century where in human rights question were regarded as a matters entirely within each state’s own domestic jurisdiction and wholly inappropriate for regulation by international law. International human rights were considered as an attack upon the concept of state sovereignty. No doubt, there were exceptions to the above rule which included the adoption of the slavery conventions of 1926 and the establishment in 1919 of the International labour organization and its subsequent activities. The covenant of the League of Nations adopted at the end of First World War was silent on the issue of human rights. It pledged for the protection of minority rights and respect for the human rights of the subject peoples under the mandate system whereby newly decolonized nations were to be assisted towards political development. However, the protection of human rights was dependent upon the provisions of the natural laws[^37] .

The turning point for the traditional approach in International law came in 1940’s in midst of the extreme human rights abuses in war-torn Europe during the World War II shocking crimes were committed against the humanity and there was a total suppression of fundamental human rights. Nazi leaders of Germany have established a regime of complete lawlessness and tyranny. They had barbously negated human values and dignity within their territories under their occupation. It was at that time realized that the restoration of the freedoms and rights to the people is one of the essential conditions for the establishment of international peace and security. Violation of human rights was considered as a source of International conflict and protection of human rights was regarded as necessary for international peace. This conviction was reflected in the proclamation issued by President Franklin D, Roosevelt on January 6, 1941 which came to be known as ‘Four Freedoms’. These he listed as freedom of speech, freedom of religion, freedom from want and freedom from fear. In the message he declared; “freedom means the supremacy of human rights every where. Our support goes to those who struggle to gain these rights or keep them”. It was rightly recognized goal which can be found through the above freedoms[^38] . The same efforts for the creation of an international organization, in order to establish peace, were being made even when the World War II was in progress. A number of conference and meetings were held before the United Nations, an international organization was established in 1945. Many declaration adopted by the conference laid down the importance of human rights[^39] . Later, at San Francisco conference it was expressed by several delegates that eh United Nation’s should established an International Bill of Rights. Although that could not be done it was realized by the members that it should be the obligation of the International community to co-operate in eradicating the scourge of war, and they were therefore determined that the promotion and respect for human rights which at present constitute so important and so conspicuous be an integrated part of the United Nation’s charter. The result was that the charter contains provisions for the promotion and protection of human rights and fundamental freedoms in the preamble and in Articles[^40] . After the United Nation’s charter came into force, the most important task before the United Nation’s was the implementation of the principles of the respect for human rights and fundamental freedom’s for all without distinction as to race, sex, language or religion. As laid down under Article 55 of the United Nation’s charter. It was therefore, decided to prepare on International Bill of Rights to achieve the end. The General Assembly adopted its on December 10, 1948 through a resolution known as ‘Universal Declaration of Human Rights’[^41] . The resolution was adopted without dissent by forty votes with eight states abstaining[^42] . The Declaration consisted of Thirty Articles besides a preamble, they are as follows.