Evolution and Historical
Development of Human Rights
Human Rights BlogsSubject-wise Law Notes
June 10, 2024
Human rights, a cornerstone of modern civilisation, represent the
fundamental rights and freedoms inherent to all human beings. The
concept of human rights has evolved over centuries, influenced by
philosophical, religious and legal traditions. Understanding this
evolution provides insight into the current framework of international
human rights law and its significance in safeguarding human dignity.
India’s contributions to the development of human rights add a rich
layer to this historical narrative.
1. What are Human Rights?
2. Evolution and Historical Development of Human Rights
2.1. Early Philosophical and Religious Foundations
2.2. Medieval Contributions
2.3. 19th and Early 20th Century Developments
2.4. The United Nations and the Universal Declaration of Human
Rights
3. Post-UDHR Developments in India
4. Contemporary Challenges and Future Directions
What are Human Rights?
Human rights are the basic rights and freedoms that belong to every
person in the world, from birth until death. These rights are universal
and inherent to all human beings regardless of nationality, ethnicity,
religion, gender or any other status. Human rights include a broad
range of protections such as the right to life, liberty and security;
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freedom of thought, expression and religion; and the right to work,
education and an adequate standard of living. They are interrelated,
interdependent and indivisible, meaning the improvement of one
right facilitates the advancement of the others.
The concept of human rights rests on several key principles:
1. Universality and Inalienability: Human rights apply to
everyone, everywhere and cannot be taken away, except in
specific situations according to due process.
2. Interdependence and Indivisibility: All human rights are
interrelated and indivisible. The improvement of one right
facilitates the advancement of the others. Likewise, the
deprivation of one right adversely affects the others.
3. Equality and Non-discrimination: Every individual is entitled to
human rights without discrimination of any kind.
4. Participation and Inclusion: All people have the right to
participate in and access information relating to the decision-
making processes that affect their lives and well-being.
5. Accountability and Rule of Law: States and other duty-
bearers are answerable for the observance of human rights.
When they fail to observe these rights, aggrieved parties are
entitled to appropriate redress.
Evolution and Historical Development of
Human Rights
The evolution of human rights is a complex and multifaceted process
that spans centuries, influenced by various philosophical, religious
and legal traditions. Understanding this historical development
provides insight into how the modern framework of human rights has
been shaped and the significant milestones that have contributed to
its establishment.
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Early Philosophical and Religious Foundations
The roots of human rights can be traced back to ancient civilisations
and their philosophical and religious teachings. In ancient Greece,
philosophers such as Socrates, Plato and Aristotle pondered the
nature of justice and the role of individuals within society. These
early thinkers laid the groundwork for the concept of natural law,
which posits that certain rights are inherent by virtue of human
nature.
Simultaneously, religious traditions played a significant role in
shaping early human rights concepts. For instance, Judeo-Christian
teachings emphasised the inherent dignity and worth of every
individual, created in the image of God. Similarly, in ancient India,
Buddhist and Hindu doctrines advocated for compassion, non-
violence and respect for all living beings.
In India, the principles of Dharma in Hinduism and the teachings of
Ahimsa (non-violence) in Jainism significantly contributed to the
early understanding of human rights. The Buddhist emphasis on
equality and compassion further enriched this perspective. Ancient
Indian texts like the Vedas, Upanishads and the Arthashastra of
Kautilya contain references to the duties of rulers and the rights of
subjects, highlighting an early recognition of the need for just
governance and the protection of individual rights.
Medieval Contributions
During the medieval period, the notion of human rights continued to
evolve, particularly through the influence of religious and
philosophical thought. The Magna Carta, signed in 1215, is a
landmark document in this regard. Although primarily a political
agreement between King John of England and his barons, the Magna
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Carta enshrined certain fundamental liberties, such as the right to a
fair trial and protection from arbitrary imprisonment.
Theologians like Thomas Aquinas further developed the concept of
natural law during this period. Aquinas argued that human beings
possess inherent rights derived from divine law, which should inform
the laws created by human societies. His work provided a moral
foundation for the later development of human rights theories.
In India, the medieval period saw the influence of Islamic
jurisprudence with the establishment of various Sultanates and the
Mughal Empire. The principles of justice and protection of individual
rights under Islamic law contributed to the region’s legal and human
rights traditions. Akbar the Great, a Mughal emperor, implemented
policies of religious tolerance and promoted social reforms that
emphasised the protection of individual rights and freedoms.
The Enlightenment and the Birth of Modern Human Rights
The Enlightenment era (17th and 18th centuries) marked a pivotal
shift in the development of human rights. Philosophers such as John
Locke, Jean-Jacques Rousseau and Voltaire championed individual
liberties and the idea of social contracts. Locke’s theories of natural
rights, including the right to life, liberty and property, were
particularly influential.
The American Declaration of Independence (1776) and the French
Declaration of the Rights of Man and of the Citisen (1789) were
revolutionary documents that enshrined these Enlightenment
principles. They articulated the belief that all individuals possess
inherent rights that governments must respect and protect. These
declarations laid the groundwork for modern constitutional
democracies and the rule of law.
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19th and Early 20th Century Developments
The 19th and early 20th centuries witnessed significant
advancements in the recognition and protection of human rights.
The abolition of slavery, driven by moral and humanitarian
arguments, was an important milestone. The 13th Amendment to the
United States Constitution (1865) and the Slavery Abolition Act in
the British Empire (1833) exemplified this progress.
Simultaneously, the labour movement emerged, advocating for
workers’ rights and better working conditions. This period also saw
the women’s suffrage movement gain momentum, culminating in the
19th Amendment to the U.S. Constitution (1920) and the
Representation of the People Act in the UK (1918), granting women
the right to vote.
The horrors of World War I and the subsequent formation of the
League of Nations further highlighted the need for international
cooperation to protect human rights. Although the League’s
Covenant did not explicitly mention human rights, it established
principles of justice and respect for international obligations.
In India, the 19th and early 20th centuries were marked by the
struggle against British colonial rule and the quest for independence.
Leaders like Mahatma Gandhi emphasised non-violence and civil
disobedience as means to achieve political and social rights. The
Indian National Congress, founded in 1885, played a pivotal role in
mobilising the masses and advocating for civil liberties and political
rights.
The United Nations and the Universal Declaration of
Human Rights
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The aftermath of World War II and the Holocaust underscored the
urgent need for a global framework to protect human rights. The
founding of the United Nations (UN) in 1945 marked a significant
step toward this goal. The UN Charter affirmed the organisation’s
commitment to promoting human rights and fundamental freedoms
for all.
In 1948, the UN General Assembly adopted the Universal Declaration
of Human Rights (UDHR), a landmark document that enumerates
civil, political, economic, social and cultural rights. Drafted under the
leadership of figures such as Eleanor Roosevelt, the UDHR set a
global standard for human rights protection. It proclaimed that “all
human beings are born free and equal in dignity and rights” and
outlined specific rights, including the right to life, liberty and security;
freedom of thought, conscience and religion; and the right to work,
education and an adequate standard of living.
India, as a founding member of the United Nations, played an active
role in the drafting of the UDHR. Indian leaders, including Hansa
Mehta and M.C. Chagla, contributed significantly to the formulation
of the declaration, ensuring that it reflected a universal and inclusive
vision of human rights.
Post-UDHR Developments in India
The UDHR inspired numerous international treaties and conventions
aimed at protecting human rights. The International Covenant on
Civil and Political Rights (ICCPR) and the International Covenant on
Economic, Social and Cultural Rights (ICESCR), both adopted in
1966, together with the UDHR, form the International Bill of Human
Rights.
In India, the adoption of the Constitution in 1950 marked a significant
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milestone in the country’s commitment to human rights. The Indian
Constitution enshrines fundamental rights, including the right to
equality, freedom of speech and expression, protection from
discrimination and the right to life and personal liberty. These rights
are justiciable, meaning individuals can seek legal redress if their
rights are violated.
Several landmark Supreme Court judgments have further
strengthened human rights in India. The Kesavananda Bharati case
(1973) established the doctrine of the basic structure of the
Constitution, ensuring that certain fundamental principles cannot be
amended. The Vishaka case (1997) led to guidelines for the
prevention of sexual harassment in the workplace, underscoring the
protection of women’s rights.
Contemporary Challenges and Future
Directions
Despite significant progress, numerous challenges persist in the
realm of human rights, both globally and in India. Issues such as
inequality, discrimination, armed conflicts and environmental
degradation continue to threaten human rights worldwide.
Additionally, the rise of digital technologies and the internet has
introduced new complexities, including concerns about privacy,
surveillance and cyber rights.
In India, challenges such as caste-based discrimination, gender
inequality, religious intolerance and violations of the rights of
marginalised communities remain pressing issues. The protection of
freedom of speech and expression, as well as the right to privacy, are
also areas of concern.
The ongoing struggle for human rights necessitates a multifaceted
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approach involving governments, international organisations, civil
society and individuals. Grassroots movements and advocacy
campaigns play a vital role in raising awareness and pushing for
change. The principles of universality, indivisibility and
interdependence of human rights must guide these efforts.
Conclusion
The evolution and historical development of human rights markes
humanity’s recognise for dignity, justice and equality. From ancient
philosophical and religious foundations to the modern international
human rights framework, this journey reflects the collective
aspiration for a world where every individual enjoys fundamental
freedoms and protections.
India’s contributions to the development of human rights, through its
philosophical traditions and legal frameworks, add a rich dimension
to this narrative. As we navigate contemporary challenges, the
commitment to upholding and advancing human rights remains as
important as ever. By learning from the past and addressing present
issues, we can strive towards a more just and equitable future for all.
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