What are human rights?
Human rights are the basic rights inherent to every individual by the virtue of being born into the human species. These rights are indispensable for every him/her or them to survive as a conscious living human being.
As the United Nations suggests human rights are a universal, inalienable, interdependent set of rights (Vienna declaration,1993).
They are universal because every human being is born with them and are not to be granted by any state.
Every individual possesses these rights because of the fact that he or she exists as a human being regardless of their race, sex, nationality, ethnicity, sexual orientation, religious or cultural background or for that matter any ground of classification.
Where they came from
Although it is only after the World War ll that the concept of human rights propelled onto the global stage and into the conscience of humans globally in modern times which was further strengthened by the United Nations declaration of human rights , traces are found of the existence of something similar to what we call today the ‘human rights’ in ancient times as well.
There are number of documents and resources which suggests the fact that human beings always acquired some sort of duties, rights and responsibilities (only because of their membership in a group such as family, religion, class etcetera) at every point of time which are assumed to be primary or less evolved versions of modern human rights.
Those rights were very different from today’s definition of human rights but the fact is that its roots lie somewhere back in history.
The arena of human rights has evolved over the time and has come into its most advanced version in the 21st century ( at least philosophically). Today we live with the belief that every individual by virtue of his birth as a human being is entitled to certain human rights.
Historical Background of Human rights:
The Cyrus cylinder
In 539 BC the founder of Achaemenid empire, king Cyrus ll of Persia commonly known as Cyrus the great conquered the city of Babylon. Just after taking over the ancient city he did something which was unexpected from any king in that era….he freed all the slaves to return home and declared that every person has the right to choose their religion and established racial equality. This and other statements of Cyrus were recorded on a baked- clay cylinder known as the Cyrus Cylinder which is considered to be the first ever declaration of human rights in history. The provisions of Cyrus Cylinder also inspired the first four articles of the UN’s Universal declaration of human rights.
From Babylon, the idea of human rights spread to India, Greece and Rome.
The concept of ‘natural law’ arose in ancient Greece by the philosophers and thinkers by observation of the fact that some rights are given to individuals by nature itself, those are universally valid and are inherent to everyone irrespective of time and country and can’t be assigned or withdrawn by the political powers.
The Great Charter
The Magna Carta, translated as the Great Charter was a document signed by King John of England in June 1215 when the barons (a low rank English nobility who held small land holdings) along with church leaders and other subjects rebelled against him and forced him to do so. John wanted to regain the lost territory of Normandy and Anjou which he lost to the king of France in a war in the year 1204.
In order to recapture his family’s territories, king John needed money and resources.
He raised taxes in England way higher than they were before.
Increased tax rates made John increasingly unpopular amongst his subjects and especially his barons who were already dissatisfied with his oppressive rule including arbitrary justice and eventually rebelled against him.
The king and the rebel barons negotiated to establish peace and signed this landmark document.
Key points/ principles of the Magna Carta:
Purpose: The Magna Carta aimed to limit royal authority and establish legal rights, serving as an early step in the development of constitutional governance.
Core principles:
Rule of Law: The king was bound by the law, meaning he could not act arbitrarily.
Protection of rights: It guaranteed certain rights to the barons and, indirectly, to all free men, such as protection from illegal imprisonment (habeas corpus) and access to swift justice.
Limitations on taxation: The king could not levy or collect taxes without the consent of his council.
Significance of Magna Carta
Although the Magna Carta was annulled shortly after its issuance by Pope Innocent III and revised in subsequent years, it became a powerful symbol of liberty and the rule of law.
Over time, it influenced the development of constitutional documents, such as the English Bill of Rights (1689) and the United States Constitution.
The Magna Carta’s impact extends beyond its original context, symbolizing the enduring principles of justice and the constraints of power.
Petition of Rights
The Petition of Right is a significant constitutional document in the history of England that was passed by King Charles I on June 7,1628. This petition was drafted by the English parliament (House of Commons) with the objective to establish rule of law and limit the exercise of powers by the monarch over his subjects and protect the rights and liberties of the citizens.
The petition sought recognition of four principles:
No taxation without the consent of parliament
No person to be detained without a reasonable cause
No quartering of soldiers on subjects, and
No martial law to be imposed during the time of peace.
Petition of rights is considered to be a landmark document in regard to rights of common people and its impact on development of human rights and international law is significant enough to inspire further human rights advancements.
United States Declaration of Independence
The United States Declaration of Independence is a foundational document that announced the American colonies’ decision to break free from British rule. Adopted by the Second Continental Congress on July 4, 1776, it was primarily authored by Thomas Jefferson, with contributions from John Adams, Benjamin Franklin, Roger Sherman, and Robert R. Livingston.
The main purpose of this document was to declare independence from Britain and explain colonies’ reason for doing so but it is closely related to the concept of human rights because it articulates fundamental principles about individual freedoms and the role of government that are central to human rights philosophy. While not explicitly a “human rights document,” its core ideas have had a lasting influence on the development of human rights around the world in as it suggests:
- Articulation of natural rights
The Declaration proclaims that all individuals are endowed with “unalienable Rights”, such as life, liberty, and the pursuit of happiness. These rights are inherent, universal, and cannot be taken away, forming the basis of modern human rights theory.
- Equality as a fundamental principle
It states that “all men are created equal,” emphasizing the equality of all people.
- Role of government in protecting rights
The declaration asserts that it is the responsibility of the government to protect people’s rights.This idea ties closely to modern human rights frameworks, which hold governments accountable for ensuring and protecting the rights of individuals.
Apart from several rights safeguarding principles, it had some limitations too that can’t be overlooked.
Originally it did not assert these rights to women and enslaved individuals although overtime movements such as women’s suffrage and abolition of slavery helped to assert these idols to everyone.
The Declaration of Independence not only initiated the creation of a new nation but also influenced later human rights documents, such as:
The Universal Declaration of Human Rights (1948), and
French Declaration of the Rights of Man and of the Citizen (1789).
The United States Bill of Rights
The US Bill of Rights refers to the first ten amendments made to the American constitution which were adopted as a single unit on the 15th day of December in 1791. This document was written by James Madison as a solution to limit the power of government and protect the liberty of individuals and it was strongly influenced by the Virginia Declaration of Rights and other English documents such as Magna Carta and the petition of rights.
The Bill of Rights includes some of the basic freedoms and rights that we think of today in the United States.
Key ideas in each amendment
First Amendment:
Government shall make no law respecting an establishment or exercise of religion, or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievance.
Second Amendment:
a well-regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed.
Third Amendment:
No soldier shall, in time of peace be quartered in any house, without the consent of the owner, nor in time of war, but in a manner to be prescribed by law.
Fourth Amendment:
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
Fifth Amendment:
protects against self-testimony, being tried twice for the same crime, and the seizure of property under eminent domain.
Sixth Amendment:
It gives the rights to a fast trial, trial by jury, and access to the services of a legal professional.
Seventh Amendment:
It guarantees the right to trial by jury in cases involving a certain dollar amount.
Eighth Amendment:
It prohibits excessive bail and fines and also unusual and cruel punishments for crimes.
Ninth Amendment:
It clarifies that this document is not a comprehensive list of all the rights of citizens and the rights that are not listed here are also entitled to be protected by the law.
Tenth Amendment:
This amendment concerns the power dynamic between the federal and state governments. It specifies that every power that is not granted to the federal government is reserved to state governments. The Bill of Rights is an important document in regard to freedom and rights of American citizens.
Another important feature of the US Bill of Rights is the concept of ‘Due Process of Law’. India has also adopted the ‘due process of Law’ from the American constitution itself. It is also to be noted that the part lV (Fundamental Rights ) of the Indian constitution, which is the ultimate guarantor of certain rights and freedoms to the citizens of India is also inspired from the US Bill of Rights.
UN’s Universal Declaration of Human Rights
The Universal Declaration of Human Rights is a milestone document in the history of human rights laws. It was adopted by the United Nations General Assembly in Paris, France on December 10,1948 at the Palais de Chaillot.
The Universal Declaration of Human Rights (UDHR) is a document that acts like a global road map for freedom and equality – protecting the rights of every individual, everywhere. It was the first time countries agreed on the freedoms and rights that deserve universal protection in order for every individual to live their lives freely, equally and in dignity.
The UDHR was drafted by representatives from diverse cultural and legal backgrounds from all around the world.
The purpose of the declaration is to promote peace, equality and justice and ensure that every individual has the right to live a dignified life without any kind of fear or oppression.
Structure of UDHR:
It consists of 30 articles and a preamble.
The Preamble emphasizes the importance of human rights for freedom, justice, and world peace.The Articles define various rights, such as the right to life, liberty, education, and freedom from discrimination, torture, and slavery.
Each article of Universal Declaration of Human Rights is significant in itself, but if we have to highlight a few then they would be:
Article 1
All human beings are born free and equal.
Article 2
Everyone is equal regardless of race, color, sex, language, religion, politics, or where they were born.
Article 3
Everyone has the right to life (and to live in freedom and safety).
Article 4
Everyone has the right to be free from slavery.
Article 7
Everyone is equal before the law.
Article 18
Everyone has the right to freedom of thought, conscience and religion.
Article 19
Everyone has the right to freedom of opinion and expression.
Article 26
Everyone has the right to quality education.
Although the UDHR is not legally binding, it has inspired numerous national constitutions, international treaties,and laws worldwide, becoming a cornerstone for human rights advocacy.
Human rights are crucial to protect the dignity and interests of every existing human being. We can understand human rights as a wide continuum of values and ethics essential for humanity to be alive.
National Human Rights Commission (NHRC) of India:
The National Human Rights Commission of India is an expression of India’s concern for the protection and promotion of human rights. It came into being in October,1993.
It is the statutory body constituted under the protection of human rights ordinance of 28 September, 1993.The Commission is responsible for spreading of human rights awareness amongst the masses and encouraging the efforts of all stakeholders in the field of human rights literacy not only at the national level but at international level too. NHRC is a unique institution because it is one of the few National Human Rights Institutes (NHRIs) in the world whose Chairperson is the former Chief Justice of the country. The world looks at NHRC of India as a role model in promoting and monitoring effective implementation of promotion and protection of human rights.
In addition to the NHRC, there are State Human Rights Commissions of different Indian states. The main mandate of a State Commission is to function as a watchdog for human rights in the State. Under the 1993 Act, human rights are defined in Section 2(d) and are those justiciable rights which can be enforced in a court of law in India. Most of the universal human rights as defined in the UN Charter of 10th December, 1948 are included and are being vigorously enforced.
Role of Organisations in implementation of Human Rights
Now we know that human rights are momentous for our existence as a race, it is also to be made sure that these rights are accessible to each one of us and no one should be deprived of their rights.
Here’s when various Human Rights organizations come into picture these organizations act as a Guardian to people’s rights by becoming the voice of those whose voice has been oppressed and their rights be violated.
There are a number of Organisations, NGOs, and forums that look after the implementation of human rights and raise the voice against violation of rights around the world. They conduct surveys, research and publish reports and journals about the present scenario of human rights in the contemporary world.
Human right Organizations also run campaigns and programs to make people aware of their rights and inspire them to stand against any act that curtalis their in fact any individual’s basic rights.
Some of the prominent organizations that work for human rights are:
The United Nations commission for human rights: The United Nations plays a key role in defining, promoting and protecting human rights. The main objective for establishment of the UN was to maintain international peace and protect human rights and protect upcoming generations from the horrors of wars as the world witnessed during the first and second World War respectively.
It provides the universal code of human rights law, the UN charter and UDHR being the foundation of this law.
Human Rights Watch: It is an international non governmental organization that conducts fact finding investigations of human rights abuses and also monitors various countries to make sure that they do not violate the Universal Declaration of Human Rights.
Amnesty international: Amnesty International is the largest global human rights movement with more than 10 million people in over 150 countries and territories who campaign to end abuses of human rights.Through our detailed research and determined campaigning, we help fight abuses of human rights worldwide. We bring torturers to justice. Change oppressive laws. And free people jailed just for voicing their opinion.
There are many such International as well as national organizations and movements along with National Human rights commissions of different countries that work for the advocacy of human rights around the world.
Is everything really as good as it sounds?
According to the world report 2024 by the Human Rights Watch…amidst the ongoing war tension between Israel and Palestine, people’s rights have been curtailed brutally thousands have been killed and hurt during the war. The October 7 attacks by Hamas-led fighters on Israel were a terrifying assault on civilians. Hamas and other Palestinian armed groups deliberately killed hundreds of civilians, shot families in their homes, and took more than 200 people hostage, including children, people living with disabilities, and older people. Israel’s government responded by cutting water and electricity to Gaza’s 2.3 million civilians and blocking the entry of all but a trickle of fuel, food, and humanitarian aid – a form of collective punishment that is a war crime.
Women’s condition in Afghanistan is pathetic, the Taliban has taken away all their rights and freedoms. Women are being stopped from going to schools and universities; they are forced to follow a certain dress code and are not even allowed to speak in public.
During long going ethnic tension and violence between the Meitei and Kuki community in the north eastern state of Manipur, India, two women including a Kargil war veteran’s wife were driven to a mob by cops and paraded naked and sexually assaulted. According to the chargesheet filed by CBI in this case The Manipur Police personnel reportedly drove two women from the Kuki-Zomi community who had sought refuge in their official gypsy, to a mob of about 1,000 Meiti rioters in Kangpokpi district, on May 3, 2023.
The above mentioned incidents are just a hint of how the rights of people are brutally abused around the world.
People are deprived of their basic human rights which they are entitled to, by abuse of power whether political, social or physical. Hence it would be an exaggeration to say that we live in a world where everyone is happy and free, all individuals have the access to a dignified life and the right to choose the way they want to live everyone has equality and opportunity to live a respected life where their rights are valued the most.
Conclusion
We have well drafted provisions ,policies, treaties or laws which promise to safeguard human rights. The problem is with the implementation of them, organizations and national governments need to make sure that each and every human being that exists in the world gets access to his/ her rights and obligations. Human rights laws need to be more just and not vague that can misinterpreted easily Everyone gets the opportunity to build a good life for them and live in a dignified manner without any fear or oppression, they are protected from atrocities and cruelty done against them by making more advanced laws and policies in this regard if required. Everyone needs to be aware of their rights and inspired to raise their voice if their rights are violated or in threat to make sure that the perpetrators of human rights do not get away with it.
Because human rights are essential to our existence they recognise our freedom to make choices about our lives and to develop our potential as human beings. They are about living a life free from fear, harassment or discrimination.
Author: Amisha Patel, a second year law student at Mahatma Jyotiba Phule Rohilkhand University, Bareilly, Uttar Pradesh.
