Unit 1 HR

Introduction
This focus on the individual is part of a broader trend that has been underway for centuries and
has only intensified since the end of the Second World War. One of its most important
manifestations in the twentieth – and now twenty-first – century has been the development of
a conceptual and legal framework for human rights as well as a new dimension of civil society
dedicated to ensuring that these rights are protected.
Human rights recognize the dignity inherent in every person as a human being, regardless of his
or her particular nationality, race, ethnicity, religion, gender, sexuality, class or any other group
affiliation or characteristic. As a result, they assert the moral and legal primacy of the
individual over other entities that have “rights,” such as the family and the state.
The greatest gift of classical and contemporary human thought to culture and civilization is the
notion of Human Rights. The struggle to preserve, protect and promote basic Human Rights
continues in every generation in every society. New rights arise from the womb of the old. Today
we widen the sphere of Human Rights thought and action to new areas and constituencies

#Definitions
Many scholars have attempted to define the Human Rights in various terms. Some of the most
significant definitions are
 D.D. Basu: “Human Rights as those minimal rights which every individual must have
against the State or other public authority by virtue of his being a member of the human
family, irrespective of any other consideration”

 D.D. Raphael: “Human Rights constitute those very rights which one has precisely
because of being a human being”

 Kant Baier: “Human Rights as, those moral rights whose moral ground and generating
factors are the same, namely being human in some relevant sense20”
Apart from the definitions provided by scholars, the Universal Declaration of Human Rights,
1948, refers Human Rights as inalienable rights of all members of the human family. The above
definitions generally focus upon the idea that Human Rights apply to all human beings because
they are human beings.
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.
#Origins of Human Rights
Human rights are considered the offspring of natural rights, which themselves evolved from the
concept of natural law. Natural law, which has played a dominant role in Western political
theory for centuries, is that standard of higher-order morality against which all other laws are
adjudged. To contest the injustice of human-made law, one was to appeal to the greater authority
of God or natural law.
Eventually this concept of natural law evolved into natural rights; this change reflected a shift in
emphasis from society to the individual. Whereas natural law provided a basis for curbing
excessive state power over society, natural rights gave individuals the ability to press claims
against the government (Renteln, 1988). The modern conception of rights can be traced back to
Enlightenment political philosophy and the movement, primarily in England, France, and the
United States, to establish limited forms of representative government that would respect the
freedom of individual citizens.
John Locke, in his Second Treatise on Government (1690), described a “state of nature” prior to
the creation of society in which individuals fended for themselves and looked after their own
interests. In this state, each person possessed a set of natural rights, including the rights to life,
liberty and property. According to Locke, when individuals came together in social groups, the
main purpose of their union was to secure these rights more effectively. Consequently, they
ceded to the governments they established “only the right to enforce these natural rights and not
the rights themselves” (“Human Rights: Historical Development,” n.d., source).
Locke’s philosophy, known as classical liberalism, helped foster a new way of thinking about
individuals, governments, and the rights that link the two. Previously, heads of state claimed to
rule by divine right, tracing their authority through genealogy to the ultimate source to some
divine being. This was as true for Roman emperors as it was Chinese and Japanese emperors.
The theory of divine right was most forcefully asserted during the Renaissance by monarchs
across Europe, most notoriously James I of England (1566-1625) and Louis XIV of France
(1638-1715).
Locke’s principles were adopted by the founding fathers of the United States in the Declaration
of Independence (1776), which stated:
We hold these truths to be self-evident, that all men are created equal, that they are endowed by
their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit
of Happiness.—That to secure these rights, Governments are instituted among Men, deriving
their just powers from the consent of the governed…2
The echoes of Locke are unmistakable in the language of the Declaration of Independence.
Similarly, the language used both by Locke and by the Founding Fathers clearly foreshadows the
creation of a document like the Universal Declaration. These principles were further expounded
and enshrined in the U.S. Constitution (1787) and Bill of Rights (1789).
Natural rights theorists have asserted the existence of specific rights — most notably the right to
self-preservation (Hobbes) and the right to property (Locke). Because such theorists take the
validity of fundamental rights to be self-evident, there has traditionally been little tolerance for
debate. One scholar notes that natural rights “seemed peculiarly vulnerable to ethical skepticism”
(Waldron 1984: 3). Nevertheless, natural rights were not widely contested as they were asserted
in a limited universe of shared Western values (Renteln, 1988).
What, then, is a right, and how are human rights distinct from natural rights? For many
philosophical writers, a right is synonymous with a claim. The Oxford English Dictionary
defines a right as “a justifiable claim, on legal or moral grounds, to have or obtain something, or
act in a certain way.” The classic definition of a human right is a right which is universal and
held by all persons:
A human right by definition is a universal moral right, something which all men, everywhere, at
all times ought to have, something of which no one may be deprived without a grave affront to
justice, something which is owing to every human being simply because he is human. (Cranston)

One frequently cited definition of human rights posits four necessary requirements:
First, it must be possessed by all human beings, as well as only by human beings.
Second, because it is the same right that all human beings possess, it must be possessed equally
by all human beings.
Third, because human rights are possessed by all human beings, we can rule out as possible
candidates any of those rights which one might have in virtue of occupying any particular
status or relationship... And
fourth, if there are any human rights, they have the additional characteristic of being assertible,
in a manner of speaking, ‘against the whole world.’ (Wasserstrom 1979: 50)
The innovation of human rights in the twentieth century extended the idea of individual rights to
include all human beings, regardless of citizenship or state affiliation. Human rights helped
reconstitute individual identity and freedom as something transcending national borders. As the
atrocities of the World Wars made clear, there were times when the state became the citizen’s
greatest enemy and outside protection was his or her best and only hope. 

#Jurisprudence
Natural Law and Natural Rights in Ancient times - The idea of Natural Rights is very old. In
the classical literature of Ancient Greece from 5 th century B.C. we come across a striking
expression of the belief in the power exercised by the gods on human society, based on law.
According to the Ancient Greece writers, the god establishes a law which stand above the
obligations and interdictions imposed by the rules of the community.
The higher moral law and above the positive law embodying certain values of
universal validity like Dharma (righteousness) Artha (wealth), Kama (desires),
Moksha (salvation) were expounded by ancient Indian Philosophers and thinkers 5000
years ago with a view to establish a harmonious social order by striking a balance
between inner and outer, spiritual and material aspect of life.

Natural Law and Natural Rights in Middle ages - Natural law acquired a new role and phase
during medieval period in the works of the Christian theologians in the forms of a belief in a law
of God, above all human laws. According to St. Thomas Aquinas (1225-1274) the law of nature
is the foundation of all human law. The state is subject to that higher law which determines the
relation of the individual to the state. This idea led to the establishment of doctrine of natural
rights and by the end of Middle Ages the concept of natural rights of man became well
established. All this led to the formulation of right to revolt against a tyrannical ruler.
In middle ages, a number of Acts were enacted to show the superiority of Natural law and
Natural Rights. The principle of the Habeas Corpus Acts latent in the 39th clause of Magna Carta
was acknowledged
Charters of liberty are steps towards the realizaiton and implementation of Human Rights.
Magna Carta of 1215, Petition of Rights of 1628; Habeas corpus Act of 1679, Bill of Rights of
1689 are some of such steps taken in England.

Natural Law and Natural Rights in 17th and 18th Century - The key notion of the social
contract theory implied the existence of rights which the individual possessed before entering
organised society. The contributions of Hugo Grotius, Vattel, Pufendorf and Wolff in the
development of the concept of natural rights are commendable.
There were other factors which emphasized the vitality of the natural rights of man. Milton‟s
appeal to the natural freedom of man was the basis of his claim to be ruled by law and not by the
arbitrary whim of man; the insistence in the course of the puritan revolution, on natural rights in
support of political freedom, social equality and universal suffrage; the place which Blackstone
assigned to the natural rights of man are some of the examples of the factors which gave force to
the doctrine of natural rights in 16th century.
Constitution of New York and of New Georgia of 1777, and that of Marsacheselts of 1780; the
declaration of independence of 1776 and the Bill of Rights in the form of the first ten
Amendments to the Constitution of America; the declaration of the Rights of Man and of the
Citizen adopted in 1789 by the French National Assembly and prefixed to the Constitution of
1793 and 1795: all these expressly acknowledged the inherent rights of Man. All these
enactments, the formal incorporation of the inherent Human Rights and the possibility of their
consequent protection not only against the tyranny of kings but also against the intolerance of
democratic majorities were a new idea. This was the first attempt to derive Human Rights from
natural rights
Natural Rights and Doctrine of Humanitarian Intervention in 19th Century - At the turn of
the century after the French revolution the doctrine of natural law was a doctrine of abstract and
immutable principles and of eternal and inviolable Human Rights. In England, Burke launched
his attack against the assertion of the Natural Law doctrines
From the beginning of the 19th century, attention was directed more to the rights of the
individual than to the objective norms. But states have persistently claimed supreme authority
over all persons with in their respective territories.
Traditional international law recognized only states as the appropriate subjects of international
law
In consequence, subject to permissible exception, relation between a state and its subject
according to traditional prescriptions are a matter of domestic concern of law, not covered by
rules of international law. Under this prescription, therefore an individual cannot claim
international rights as against his own state and in the absence of international agreements, he
has no locus standi before an international court for demanding redress against the violation of
rights by his home states. It is pertinent to note here that inspite of the inadequacies of traditional
international law an increasing number of treaties were entered into the purpose of which was to
protect the rights of certain classes of persons. Then there was A.V. Diceys concept of Rule of
law as opposed to the influence of arbitrary power or wide discretionary powers. These
developments of 18th and 19th century culminated the idea of Human Rights.

New Attitude to the concept of Human Rights in 20th Century - Great importance has been
attached in the 20th century to the Human Rights issue in the international arena and tremendous
efforts have been made, through the formulation of new principles and procedures to transfer the
promotion and protection of basic rights, from the hands of the states to an authoritative super
national organisation. The uncompromising acceptance of the principle that “all men are born
free and equal in dignity” has emerged pragmatically from the crucible of experience as the most
valid of all working hypothesis of human relations. By the end of First World War, apart from
political and civil rights the concepts of economic, social and cultural rights have also been
developed. The idea that workers needed special safeguards was beginning to take hold in many
industrial countries. Labour unions were establishing the right to collective bargaining; wages
were being increased and hours were being reduced. The idea that the citizens had certain basic
economic and social rights had been recognized in the Constitutions and Legislations of
democratic countries

#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. Human rights are conferred to an individual even after his death.
The different rituals in different religions bear testimony to this fact.
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 divinity, 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, 4 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.
Conclusion - Human rights are sometimes referred to as fundamental rights, basic rights,
inherent rights, natural rights and birth rights. They are essential for all individuals to protect
themselves against the State or public authority or against members of its own class. Human
rights are characterized as inalienable, connection with human dignity and necessary for the
purpose of fulfillment of human life.
The evolutions of human rights have taken place over centuries. The twentieth century witnessed
the crystallization of the philosophy of Human Rights when the United Nations adopted the UN
Charter, 1945, The Universal Declaration of Human Rights, 1948 and the International
Covenants on Human Rights with further emphasis to protection of rights of Women, Abolition
of Slavery, Racial Discrimination, Civil and Political Rights, Economic, Social and Cultural
Rights and most importantly the Rights of children.
Human rights have been classified in different bases. Each right signify the awareness and
emancipation of a particular century. For eg. The development oriented rights belong to the
twentieth century which is essential to maintain world peace as well as right to clean and
wholesome environment along with environment protection and improvement.

Sources
http://www.globalization101.org/human-rights-vs-natural-rights/
https://shodhganga.inflibnet.ac.in/bitstream/10603/8112/11/11_chapter%202.pdf
http://archive.mu.ac.in/myweb_test/SYBA%20Study%20Material/fc.pdf