Evolution of Human Rights

Definition of Legal Right

It is of paramount importance to know the legal meaning of a right before jumping to its origin and
evolution. A legal right, as defined comprehensively by John Austin, is an interest recognized and
protected by law. In the light of this definition, all remaining interests which are not protected by law
do not fall within the purview of a legal right. Therefore, in common law systems we cannot file a suit
in a court of law for the violation of moral and/or religious rights, not recognized under the prevailing
law.

Human rights on the other hand are defined as fundamental freedoms and interests to which a
person is entitled merely because of being human. The question then is, who is recognized as a
human being in the eyes of law? This question has been answered by an eminent jurist John
Salmond in the following words: human beings are those who are capable of having interests as well
as capable of having duties and punishments imposed on them. In light of this definition, animals
and dead bodies of persons do not have legal rights (although they may be prescribed certain rights
in a religious or cultural context).

Origins of Human Rights

The origin of human rights can be traced back to the last sermon of the Holy Prophet (peace be
upon him) delivered on the ninth day of Zul Hijjah (10 AH) in the Uranah Valley of Mount Arafat,
where he emphasized on all kinds of rights for all, including women’s rights and a person’s right to
life and property, etc.

“O people, just as you regard this month, this day, this city as sacred, so regard
the life and property of every Muslim as a sacred trust. Return the goods
entrusted to you to their rightful owners. Hurt no one so that no one may hurt
you.”
A later milestone in the history of human rights was the Charter of Liberties, known as the Magna
Carta 1215, which was an agreement between England’s King John and rebellion barons. Initially,
the said agreement had not been very successful but later on, with certain amendments, it served as
the foundation for the English common law system. The Magna Carta is celebrated by the British as
a sign of freedom and liberty from the oppression of the then King.

The Magna Carta, written in Latin, consisted of 63 clauses and established certain rights for the first
time in European history, such as the right to own property, etc. The writ of habeas corpus was also
established, according to which no one was to be imprisoned without lawful authority.

Another evolution in the regime of individual human rights was the Bill of Rights, introduced into
the US Constitution through an Amendment in 1789. The rights included the liberty and security of
a person and no one being deprived of property without due process of law. In 1878, such rights
were made inviolabe by way of the 14th Amendment to the US Constitution. The era was basically
known as the “constitutionalism of human rights” as it was for the first time that certain rights had
been incorporated into the Constitution.

Then came the stage of “internationalization of human rights”. The Charter of the United
Nations was the first document to incorporate human rights at an international level. The United
Nations had two main objectives, primary and secondary, whereby the primary objective was to
maintain peace and stability among member state while the secondary objective was to protect
human rights.

For the promotion of human rights, the United Nations General Assembly (UNGA) in its Third
Session on the 10th of December, 1948, adopted a historical document known as the Universal
Declaration of Human Rights (UDHR). Fortunately, the UDHR was adopted by a majority of states
at that time, with the exception of a few states which denied its adoption citing religious and racial
grounds.

Evolution of Human Rights The concept of Human Rights has originated from different schools
of thought which are based on different religions, philosophies and different law schools. The
foundation of the concept of Human Rights was laid down by all religious traditions like
Hinduism, Judaism, Buddhism, Confucianism, Christianity, and Islam irrespective of their
differences. All religions practice respect and dignity to all the humans that would result in
fraternity, solidarity and the protection of all individuals. On the other hand, the diverse schools
of Philosophy including Western thought lay emphasis on the notion of moral justice.
The next stage of human rights revolves around the notion of individual rights, justice,
individual liberty and the citizenship of the people under the protection of State. These
advancements were part of the five-century transformation which comprises of the
Renaissance, the Reformation and the formation of national states, entering into the
Enlightenment, the independence of the United States of America and the French Revolution.
The third stage involves the establishment of the Universal Declaration of Human Rights in 1948
when the United Nations vowed to provide equality to all people. This task was accomplished
by the Commission on Human Rights, whose main objective was to design a document that will
clearly define the human rights and freedoms in the charter. Eleanor Roosevelt was
commissioned to perform the task. The Universal Declaration of Human Rights (UDHR) was
adopted by 56 members. The Preamble of the United Nations asserts, ' [R]ecognition of the
inherent dignity and of the equal and inalienable rights of all members of the human family is
the foundation of freedom, justice, andpeace in the world.This has been incorporated in the
constitution of 185 countries. The declaration also achieved the status of customary
international law because people regard it as the bases for establishing a common standard for
all people and nations. After the Universal Declaration of Human Rights, the Human Rights
Commission drafted two treaties, the International Covenant on Civil and Political Rights
(ICCPR) and its Optional Protocol and the International Covenant on Economic, Social and
Cultural Rights (ICESCR). Together they are known as the International Bill of Human Rights.
Their main objective is right to life, freedom of speech, voting, and religion which are subsets of
a bigger spectrum of Human Rights.
Legal Status of UDHR

It must be kept in mind that the UDHR is merely a universal ‘declaration’ regarding human rights. It is
neither a treaty nor a covenant, therefore, it essentially has no binding force until enforced by
international customary practice or incorporated into national laws of member states.

On the other hand, the rights enshrined under UDHR have received recognition by being
incorporated into two covenants adopted by the General Assembly. The first one is the International
Covenant on Civil and Political Rights (ICCPR) which came into force on 23rd March, 1976, while
the second one is the International Covenant on Economic, Social and Cultural Rights
(ICESCR) which came into force on 3rd January, 1976. So, while the UDHR may not have direct
binding force, it may still be indirectly binding on member states party to the Covenants.

Moreover, all dualist states which have signed and ratified international instruments are under a
legal obligation to take legislative measures within their respective territories to incorporate and
legally enforce these international instruments and make local laws compatible with the provisions of
international human rights instruments.