LLM Notes: The Evolution of Human Rights: Understanding Their Nature, Concept, Origin, and Development

MEANING OF HUMAN RIGHTS

Human beings are born equal in dignity and rights. These are moral claims which are inalienable and inherent in all individuals by virtue of their humanity alone, irrespective of caste, colour, creed, and place of birth, sex, cultural difference or any other consideration. These claims are articulated and formulated in what is today known as human rights. Human rights are sometimes referred to as fundamental rights, basic rights, inherent rights, natural rights and birth rights.

 DEFINITION OF HUMAN RIGHTS

Dr. Justice Durga Das Basu defines “Human rights are those

minimal 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 consideration. Durga Das Basu’s definition brings out the essence of human rights.

The Universal Declaration of Human Rights (UDHR), 1948, defines

human rights as “rights derived from the inherent dignity of the human person.” Human rights when they are guaranteed by a written constitution are known as “Fundamental Rights” because a written constitution is the fundamental law of the state.

CHARACTERISTICS AND NATURE 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. 

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 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 eg. Six freedoms that are enumerated under the right to liberty forbid the State from interfering with the individual.

 Human rights are fundamental principles that recognize the inherent dignity and value of every individual, ensuring equality and fairness in the treatment of all people. These rights have evolved over centuries, influenced by various philosophical, religious, and legal traditions. This article explores the nature, concept, origin, and development of human rights, highlighting key milestones and documents that have shaped their modern framework.

Human rights are universal, inalienable, indivisible, and interdependent principles that protect the dignity and personality of individuals. They are inherent to every person from birth and are not lost if they are not exercised or recognized by the individual These rights include civil and political rights, such as freedom of speech and the right to a fair trial, as well as economic, social, and cultural rights, such as the right to education and healthcare.

The concept of human rights emphasizes the importance of living a life free from fear, harassment, or discrimination, allowing individuals to make choices about their lives and develop their potential. Human rights are not merely legal entitlements but also moral and ethical obligations that societies and governments must uphold.

The earliest recorded concept of human rights can be traced back to the Cyrus Cylinder in 539 BC, where Cyrus the Great declared the freedom of slaves and the right to choose one's religion, establishing racial equality. This ancient document is considered the first charter of human rights and parallels the principles of the Universal Declaration of Human Rights.

From Babylon, the idea of human rights spread to India, Greece, and Rome, where the concept of "natural law" emerged. This idea posits that certain unwritten laws govern human behavior and should inform societal laws.

The development of human rights has been marked by several significant milestones:

1. : This document limited the power of the king and established the principle that even monarchs were subject to the law, enshrining rights such as a fair trial and protection from arbitrary imprisonment.

2. : Philosophers like John Locke and Jean-Jacques Rousseau championed individual liberties and the social contract theory. The American Declaration of Independence (1776) and the French Declaration of the Rights of Man and of the Citizen (1789) were pivotal in articulating the belief in inherent rights that governments must respect.

3. : The abolition of slavery, the labor movement, and women's suffrage were significant advancements in human rights. The League of Nations, formed after World War I, laid groundwork for international cooperation on human rights.

4. : Adopted by the United Nations, this document listed 30 fundamental rights to which all individuals are entitled, marking a major milestone in the international recognition of human rights.

5. : The establishment of national human rights institutions, such as the Danish Institute for Human Rights, and international bodies like the UN Human Rights Council, have further solidified the framework for protecting human rights globally.

In conclusion, human rights have evolved significantly over time, influenced by historical events, philosophical ideas, and legal documents. Their development reflects a growing recognition of the inherent dignity and value of every individual, emphasizing the importance of equality, fairness, and freedom. As societies continue to evolve, the concept of human rights remains a cornerstone of international law and moral obligation.

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